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

changed back to guilty on the third
ballot.
The Death Penalty.
Those who favored the infliction of
the death penalty were Kilburn, Brad
ford, Laird. Pogue, Cass, Walker and
Allen, but believing Thursday morning
that 1t would be impossible to secure
verdict of that nature, they changed
the method of ballOting, and the fourth
ballot resulted in a vote of 10 for first
degree murder and two Crapp and
Wtlkey, for manslaughter. The fifth
ballot resulted in a vote of II for muir
der in the first degree with a life
sentence, and one. Crapp, who voted
mot for life"
The sixth ballot was taken immedi-
ately and resulted in all u men vot-
ing for life sentence. The three men
who first voted for life imprisonment
were Lamb, O'Bear and Lanclos
The Trial.
Leech's trial on the charge of muir
der, was commenced in the 34th dis
trict court before special judge Clarke.
Wednesday afternoon, October II, at
? o'clock. The testimony in the case
was completed and both the state and
defence announced rests on Saturday
afternoon, October Is, following which,
district attorney Howe made the open
ing argument for the state. He was
followed by attorney P. z. Gardner,
for the defence, who was followed by
judge T. A. Falvey for the state, on
Monday. Judge Wharton for the de-
fence, began his argument Monday aft
ernoon and closed Tuesday morning
Attorney. Victor Moore, for the state,
started Tuesday afternoon and closed
on Wednesday morning. Judge Clarke
oil hi inc
day afternoon and the case went to the
jury at Sis p. m. October 10.
Jury Is Selected.
The impaneling of jurors to sit in
the case was started on October 9,
when the first two men were selected
The 18th juror was accepted by the
state and defence on October y, and
the introduction of testimony was
started that afternoon. To secure the
necessary u jurors, four venires COM
prising 335 men, were summoned. Of
this number, however, but 272 were ex-
amined, including 131 of the first ven
ire of $50; 9S of the second venire Of
100; the 80 men of the third venire,
and eight men of the fourth venire
of So
The trial. including the time re-
Quired 10 impanel the jury, the intro
duction of testimony. the argument and
awaiting a verdict at the hands of the
jury, is one of the longest ever obtain
ing a hearing in Ell Paso county. Ow-
ing to the extreme caution used by
judge Clarke at all steps in the pro-
cedure, it was somewhat extended. it
being his desire TO eliminate any and
all improper questions or statements
from the record. The attorneys also
exercised considerable caution and
conferences were numerous. both on
the part of the state and defence.
The killing.
On the charge of murder, Leech, who
conducted the Southern hotel, on South
Ell Paso street, was arrested about
4:45 o'clock. on the afternoon of June
II, last. following visit to the store
of z. Kohlberg, on South FL PasO
street and Mr.. Kohiberg's death.
The trouble followed the serving of
a notice of eviction on Leech to vaeate !
the Southern hotel, owned by Kohl 7
berg, following Leech's inability. or re- |
fusal. to pay s1165, alleged to be due I
for back rent. Leech, during the trial, |
swore he owed only S765.
The Unwritten Law Plea.
The defence based its case on the !
'unwritten law" on the score that
E<ohlberg had made improper advances
toward Mrs Leech, and on self defence.
LoeCn alleging llldl MI INOAl1OCA -
MS son, Walter Kohlberg, attempted
to assault him after he had entered the
Kohlberg store on June II.
The state asked for the infliction OF
he death penalty and on that score,
many of the men summoned as pros
0ective jurors disqualified on the
ground of having conscientious scru-
oles against capital punishment. Many
others were excused on the score OF
having formed opinions relative to the
,ase, and % were challenged by the
defence and state. the defence exer-
Using all of its Is challenges. The state
Ised but IA.
Immediately upon the announcement
hat verdict had been reached, tele-