Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1909-02-06

Guilty of murder in the second de-
gree" was the verdict of the jury in
the Bogardus murder trial as deliv-
cred by Foreman Main at $40 o'clock
Friday afternoon in the criminal su-
perior court. after having deliberated
upon the case since eleven o'clock in
the morning. There had been a strug-
gle, as few Of the jurors held out
for first degree, but they were finally
won over, after two questions pro-
pounded by the jury had been answer
ed by the court. With folded arms
Bogardus received the verdict with
the same GOODNESS which has charac-
terized him throughout the entire
trial, and as he was returned to the
dock he wore a broad smile. Kiley
had word Of congratulation for
him and they laughed over the result
like schoolboy chuckling over es-
Gaping the birch rod, with a reprt-
mand.
At the opening of the court, Friday
morning. Matthias Monsain, aged %.
charged with burglary in Salem,
pleaded guilty and was given three
months in jail. Attorney Barnes spoke
for him.
Judge Wheeler then charged the
jury. which occupied forty minutes,
and they retired to the jury room at
eleven o'clock for consideration of the
Bogardus case. They had dinner in
the jury room, to save time, Sheriff
Brown providing them with a sub
stantial lunch.
Nothing was heard from them until
2.S0, when they came in and reported
that they had not agreed. Appleton
Main, the foreman, handed the judge
a slip Of paper containing the two
questions which the jury desired some
information on.
The first question was, IF a man
murders without generalization and at
forwards commits robbery, is he guilty
of murder in the first degree % Judge
Wheeler said if he intended to rob
and struck the man and perpetrated
robbery by that means, then it is
murder in the first degree. If he never
thought of taking the money until he
murdered him, then it would be MUIR
der in the second degree.
The second question was: IF q man
is drunk, can he commit murder in
the first degree". Judge Wheeler said
there are various stages of intoxica-
ton. If the state of the murderer is
such as to form the intent to rob then
it is murder in the first degree. or If
he was in such a mind as to know
what what he was doing, then it is
first degree, but If he was so far gone
ing then it is second degree murder
Judge Wheeler also read from the SUI
preme courts decision regarding con-
duct in the jury room. The jury then
retired.
Nothing more was heard from them
until $40 o'clock when they knocked
and stated that they had reached a
verdict and desired to report. They
were called in and through Foreman
Main stated that they had reached
verdict, which was Guilty Of murder
In the second degree" Bogardus stood
in front of the clerks desk as the jury
was polled and gave their verdict. He
was prepared for the worst, and stood
with his arms folded and his eyes
nervously going from one point to an
other. On Thursday, after the argu-
ments, he had said to Kiley, TITS all
up with me now" but thereafter and
on Friday he maintained the same in
difference and don't-care spirit which
has characterized him throughout the
trial. To Sheriff Brown, after going
back into the prisoners pen, he said:
I'm glad it is over; feel better now
His sister sat in the court room
when the verdict was given. She
wanted to remain there, but as soon as
the announcement was made she burst
into tears and was led from the room,
sobbing and unable to go alone. After
court had adjourned she again entered
the court room and shook hands with
her brothers counsel and with him
through the railing and kissed him.
She was then crying and unable to
talk to him. He tried to cheer her up.
bravely facing his impending SEN
tence, and said, Don't cry, little sis
ter, don't cry" His brother also