The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1909-03-15
WILL SENTENCE.
KLEIN SOON
Strange Expositor of Occult Science. Found
Guilty of Assault On Miss Dora Culbertson' 10
Know Fate Tuesday or Wednesday--Penalty
Is From One to Two Years

guilty yesterday morning OF nav
ing assaulted Miss Dora Culbert-
son with intent to do bodily harm,
will be sentenced by Judge East
ernay of the superior court tomor-
row or Wednesday. The sentence,
according to law, must be less
than two years in the state pen1-
tentiary and more than one year.
The maximum fine Is $4,000 and
the minimum $2,500.
Klein, following the verdict of
the jury, has been made an OBJ
ject of pity by many of the wom-
en- of the city. Numbers of women
applied at the county Jail this
morning to express sympathy for
the prisoner, but were refused ad-
mittance to the jail.
Long Deliberation.
After II hours and 45 minutes
of vigorous argument, the IL men
who were chosen to determine the
guilt or innocence of Klein, re-
turned a verdict at 10:30 yester-
day morning. The court room was
lagain crowded, and the audience
listened with strained interest
while Judge Easterday read the
decision of the jurors, as follows:
|. 1--WE, the jury, find the defend
ant guilty of an assault with a.
deadly weapon with intent to do
bodily harm. (Signed)
"B. A. ROBINSON,
Foreman"
Klein Stunned.
Attorney George stated that he
would accept the verdict, but that
he would move for a new trial
later, on the ground that the YER
dict does not conform to the
weight of the evidence adduced.
Klein, although he had frequently
stated that he was able to tell
what was going on in the minds
of the jurors and what their ver-
dict would be, was visibly stun
ned when the decision was read.
A strenuous argurFr
maintained in the ju-
ing the night, three
standing out, 1t is
straight conviction on tho .4.--. ma
ton preferred by the prosecuting
attorney, charging assault with in
tent to kill. The remainder
stood for the verdict as it was
finally reached. None believed
Klein innocent.
Choice of Five Verdicts.
Final argument by the attor-
neys we're completed at $3.50 Sat
urday evening, and, after Judge
Easterday had instructed them in |
the manner of making a decision,
the jurors retired to their cham
Der. According to the instruc-
tions given by the court, either of
five verdicts could have been rel
turned: Assault with a deadly
weapon with intent to commit |
assault with a deadly |
weapon with intent to do bodily
harm; assault and battery, as
sault, and not guilty.
At IL O'Clock Saturday night,
the court recalled the jurors, and
told them to return a sealed ver-l
dict at 10:30 Sunday morning,
after which the court room was
cleared and the jury allowed to
sit in the larger rooms. A de-
cision was reached at 8:15 yes-l
terday morning.
To Move for New Trial.
Attorney George, who defend
ed Klein in the trial last week,
stated today. I'VE regard the
verdict as a compromise under the
instructions of the court, and con-
tend that both generalization and
intention was essential in order
that the jury find a verdict upon
the felonious counts; that is, the
charge of assault with intent to
commit murder or upon the
charge of assault with a deadly
weapon, which they did find.
There is no evidence in the case
which directly or Indirectly could
bear out the findings.
"Both a motion for a new trial |
and an arrest of judgement will
be made and argued by the de-
Tense. II overruled, our future
action az to an appeal will be gov
erned entirely by the sentence I'M
posed"
Exception Allowed.
: An exception entered by Attor-
ney George against statements
made by Prosecuting McMurray
while arguing Saturday night, was
allowed this morning by Judgel
Easterday. One Of the statements
to be stricken from the recordsl
Is this: "There are other men In
other states besides Kentucky
that would I'LL that man full of
lead II he had acted toward their
wives, their daughters, or their
rs he has acted to-
ward Dora Hauvageot and Rosa
Karasek."
- Fair tonight and /