Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-04-23
MURDER IN SECOND
DEGREE VERDICT IN
D0N0HUE CASE
NOTICE GIVEN OF
MOTION FOR NEW TRIAL
Jury Out Nearly Twenty Four
Hours Before it Comes 10 an
Agreement Defendant Hears
Verdict With install Compo-
sure,

eve. The Jury. find the defendant
ana recommend that the court pe
mercltul in passing sentence was the
verdict returned at i!2O O'Clock yes
tcrday afternoon by the jury N lhc
ease Of the territory versus John Don
ohue, charged with the killing OF jus
tinianO ChaNes, near Webb's summer
Garden, early in the morning of June
II, 1908. The jury had been out iot
nuarly tw~enty-four huurs when the
verdict was brought in II the juror
showed tho effects of their long con-
finemcnt. The verdict was handed 20
District Clerk John Ncnable by Fore
man Andres Romero. Intense still
ness prevailed in tho our room while
the district clerk unfolded the little
white slip Of paper preparatory TO
reading It aloud.
DonOhue stood with his attorneys,
r.. j. Medler and W. 6, Heacock, and
70 AT outward appearances was more
composed than any n else in the
room. When the verdict had becn
read, convicting the prisoner of mur-
der in the second degree, he received
II calmly and without any emotion.
His attorneys Immediately asked Tor
a poll of the Jury. which was granted
by the court. Each juror WAS then
asked in turn II he had agreed to The
verdict which had just been read.
Each man replied la the affirmative,
Attorney iieacOck then gave MOTIVE of
the filing of a motion for "a new trial
After Il conference between JudGr
Abbott. District Attorney klocl and
Attorneys Mcdler and Heacock, it was
agreed that IJonOhue be given his llb-
crty until sentence had been pissed
by the court, the same bond 20 re-
main eoOd which has been in erect
since the defendant WAS released FROM
/ custody about six months ago.
The verdict cOnyicting DOnohue OF
murder in the second degree ia be-
lievcd 10 have been the result of q
compromise upon the part of the
Jurors. II Is said that twenty three
OF more ballots We're taken during
/ the tWcnty-four hours the jury was
out. and that these ballots ranged
ranged from eleven for acquittal ana
one for conviction, to three for con-
I yiction IN The first degree, ana nine
for acquittal.
At 900 yesterday Afternoon the
Jury asked permission TO present al
written communication 10 the court.
The desired request was granted u
Foreman Andres Romero handed the
following communication TO judge
Abbott:
the fiJuuidblt tpuiA WIN AHN
court permit the jury 70 recommend
the penalty. should the jury find a
verdict either in the first on second
degree murder. or mlusiaughtet
The communication was submitted
10 the court only after Attorney tleh-
cock had entered strenuous objections,
declaring that the court had no right
whatsoever to receive % communi-
cation Of any kind from the jury after
ii had been given the iinal instruc-
tons. Judge Abbott. however, read
The p himself and then submitted
[ to counsel Tor both the territory
land Donohuc. before making "a re-
ply 10 the jury. Attorney Hcacock
again objected vigorously 10 the court
mparting to the jury any Information
al all. saying that tho court mad no
more right a. DO so in "a murder case.
than he had himself. The our over
iruIed the objection. however and af-
ter reading tho territorial statute COW
ering iho question submitted, ordered
THAT the statute Dee typeWritten and
handed to the jury for further ref
crcncc.
Y It was evident from the question