El Paso herald. (El Paso, Tex.) 1901-1931, 1910-10-21

the objections to the informality of the
verdict and gave notice of appeal.
| W. D. Howe, the district attorney, al
though the hardest worked man cen
nected with the case, received but $40
| for his work in the entire case, in
Guiding his presentation of the facts
to the grand jury and the II days of
the actual trial. The retiring district
attorney received many compliments
on the clear cut way he presented the
case to the jury and the consideration
he showed for the court and opposing
counsel. AS soon as he completed the
Leech case the states attorney plunged
into the Lawson murder trial and will
be occupied with that until it is dis
posed of after which comes the Mar
shall Jackson trial for the same Of
Tense, another negro case.
The verdict was returned by the
jury at Ali o'clock Thursday afternoon
before special judge Patrick II. Clarke,
after being closeted for elaboration
almost % hours, the members of the
panel retiring to deliberate at sis
o'clock Wednesday afternoon, October,
10, following the instructions delivered
by Judge Clarke.
The members of the panel entered
the courtroom escorted by deputy sher-
ifs Franco and Newton, who have
been their custodians. After taking
their places in the jury box, judge
Clarke addressed them:
Gentlemen, have you agreed upon
a verdict?'
Yes. sir" answered W. E. Laird. the
foreman, who delivered the verdict.
which was read by district clerk Ike
AIderete.
The Verdict as Read.
we, the inrV find ba
guilty of murder in the first degree
and assess his punishment at life in
the state penitentiary.
"W. E. Laird, Foreman"
On the ground that IL was informal
owing to the fact that confinement
for" was omitted previous to the word
NE. and that penitentiary was SPELL
ed pententiary," judge Clarke called
LOT several volumes of law books and
tneh ordered the revised verdict, which
was consented to by all the jurors on
roll call.
Objections of the defence were reg
dict
The Jury.
The jury was composed of Robert L.
Bear, collector for futile Paint and
GLASS company; John A Bradford.
manager Western Construction COM
pany' John E. Walker, office civil en-
glneer Tor Southwestern system; r.
>. +. Cass, formerly clerk at Western
Abstract company, and also EMPLOYED
IN tax collectors office John F. Kill
ourn, cattleman, formerly from New
mexico; j. w Wilkey, contractor. Iiy-
ing at 3O9 Wyoming street; Albert
LancIos 415 Myrtle avenue turner for
Ell Paso Sash and Door company: w.
T. Laird, 512 San Marcial, foreman
for FL Paso Lumber company: F. N
Pogue farmer, living near San Eliza
rio; E. c. CrapR farmer, living near
clint; r. z. Allen, Allen Arms and Cy-
Gle works, 4O4 North Oregon. and
Frank Lamb, Southwestern machinist.
1908 Boulevard
But six ballots We're taken by the
jury, according to the statements of
several members after the verdict was
returned, and that it was a compro-
mise was stated by Frank Lamb and
John F. Kilburn. Mr.. KiIburn is one Of
the seven men who favored the infIic-
ton of the death penalty.
Three ballots were taken after re-
firing to deliberate Wednesday night. |
resulting in votes of nine for conyic |
ton on any charge, three for acquit |
tai; eight for conviction and four for |
acquittal; nine for conviction and three |
-or acquittaL Those voting for &C.
Iuittal, according to statements of |
members of the panel, were Lanclos. |
Nilkey and Crapp. On the second hal
OF, Lamb is said to have become con-
used and voted for acquittaI. but he