The Washington herald., 1911-02-08

Second degree murder was the verdict
returned by the jury at little before s
o'clock last night in the case of former
Policeman Charles G. Baston. who was
on trial charged with the murder Of his
wife. October I last. in Thirtieth street.
near M street northwest. The murder
was the outcome Of a quarrel over money
matters.
The jury sent word from their room,
where they had deliberated for four
hours, that they had agreed on . YER
dict. and shortly afterward filed in the
court room. taking their seats in the bax.
The prisoner eagerly scanned the faces of
the twelve talesmen as they took their
seats. as if trying to read their decision.
Clerk Hawken asked the foreman Of the
jury. Mr.. Michael. whether they had
agreed on a verdict, to which he received
the reply that it was guilty as indicted.
second degree murder. Baston received
the words of his guilt with seeming in
difference.
Justice Wright thanked the jury and
discharged ii. and Baston was remanded
to Jail. His lawyers will make a motion
for new trial and will ask the court
TO set date for a hearing Of the motion.
Jury Debates Nearly Four Hours.
At quarter past four yesterday after
noon. after Justice Wright had fin
ished his charge to the jury. they
retired. Justice Wright. in his charge,
explained the meaning of the various
degrees of murder and manslaughter and
the causes which would justify them In
bringing in a verdict commensurate with
the evidence in the case. The court par
ticulariy told the members of the jury
that it was their duty to listen with re-
spect to the opinion Of their fellows.
and not adhere stubbornly to their own
individual opinions: that the verdict of
jury constituted the consensus of
twelve men on the case after having
examined every detail OF the case be-
fore them and paid attention to the
various views and opinions offered by
each.
United States Attorney Wilson in clos
ing for the government. admonished the
jury to eliminate every vestige of senti-
the case from the evidence offered dur
ing the trial. He contended that the
prosecution had proved its charges and
expected a corresponding verdict.
Attorney Daniel Baker, for the de-
fense. in addressing the jury. said that
BaStOn had been a sailor in the United
States navy for ten years and police
man for nine years. and was accus-
toned to handling firearms. Mr.. Baker
argued that had he intended to kill
his wife he would have hit the mark
every time instead of only once.
Recalls BastOn's Good Record.
Attorney Wilton Lambert. for the de-
fense. laid particular emphasis on the
good record of Baston preceding the
shooting. claiming that the government
had not succeeded in assailing it
"Baston has always been conSiderate,"
declared Mr.. Lambert, "and the gov
ernment has not produced one witness
to prove the opposite" Mr.. Lambert
continued that the evidence of the wit
be relied upon. as they admitted they
were excited when they heard the shots
fired.
Mrs Mary Hurley's evidence was at
tackled by Mr.. Lambert. who stated
that she could not possibly have seen
either shooting or a tusSle without her
eyeglasses, from the porch of her
house. where she was at the time.
not having been able to see the chart
in the court room, about ten feet away,
without the aid of her spectacles. MI.
Lambert further cOntended that the
witnesses testified that it
was Mrs. RaSton who used strong Ian
guage. and that he counseled her to
keep the peace.
When BaSton was placed on the stand.
he said: Il never intended to injure
saw her lying prone on the ground" He
said that Immediately after her return
home on the day in question. his wife
cursed him and asked him what was the
matter with him. She replied with an
oath. he said.
Says Wife Followed Him.
Baston told her he would give her his
pay envelope '.after a while.' which,
however. did not satisfy her. He said he
left the house to avoid trouble: that his
wife followed him and at Thirtieth and
NJ streets rushed up to him. slapped the
cigarette out of his mouth. demanding
his pay envelope. and using vile lam
guage.
Il told her," said Baston ito hush and
go home and not create a scene on the
She suddenly thrust her hand in
his pocket, said the defendant. and got
hold Of the revolver. To keep her from
him, BaSton said, he grabbed
her hand and then a tussle for the pos
session of the weapon followed. during
which the pistol was exploded five times.
two bullets going wild. one perforating
his hat, and the other two finding lodge
ment in his wife's head.
He said that she only fell with the ex-
plosion Of the last cartridge. He said,
he was overwhelmed with grief seeing
his wife lying on the ground. Baston de-
scribed his wife's temper as, vile and
and told of frequent
quarrels with her. He denied that he
had said. ''Kate. here goes" just before
the first shot, and also denied having
said to Police Officer Lipsconb that he
had fixed it, but made a bad job Of his
affemnf to take his own life