The Birmingham age-herald., 1911-11-25
SIX CONVICTIONS
 IN EARRING CASE Simms Was the Only Man
 Acquitted EXTREME PENALTY Four Confessed Men Are Sentenced to One Year While Sentence Is
 Suspended on Others to
 Hear Motion

r s fssi7SSs6n Centet, Kan, November 24.- Two oftiIe three men charged with com
 3licity pe'siietarring of Miss Mary Cham berlafn, a scho6r,teaacher, John Schmidt ] snd Sherril Clark, fodsy were found guilty of assault and batters-~by jury 1 in Judge Growers court, whilesA. " | Simms, the third defendant. was acdSit- ted The jury was out for nearly 30 hours. Sentence was deferred to permit attor- neys to argue a motion for a new trial. Earlier in the day the court imposed sentences of one year each in jail, the extreme penalty. on Everett G. Clark, Jay Fitzwater, Watson Scranton and Ed ward Ricord, confessed 'assailants of Miss Chamberlain.
 These four men confessed before the present trial began. The court ruled that the men must pay the costs of the .pros- ecution
 Ricord already was in jail. having been surrendered by his bondsnen Y days ago. Tie court told the three other men that they might have reasonable length of time in which to stralghten out their business affairs. Fitzwater and scran- ton said they were ready to go to jail next week. Clarl's business interests may keep him busy for month.
 Both the convicted and the confessed men took their sentences calmly. The four confessed men expressed themselves as actually glad that the long period of waiting was over
 None of the confessed men offered any reason why they should not be sentenced. The court made no comment on the crime. The aged father of Jay Fitzwa- ter, widely known preacher in this part o1 Kansas, saw his son arraigned He is greatly downcast over the boys dis grace, but has no harsh feelings against the officers for enforcing the law.
 Tt was shocking cgme,' he said. T so expressed myself before knew my son was implicated"
 The most surprising feature of the ver- dict to those who have followed the case closely was the conviction of Schmidt. He Is a quiet little farmer against whom it was thought by attorneys the state made weak case.
 Mrs. Simms. who has been constant court attendant remained with the two convicted men NuntiI after court adjourned. 'lfer husband. highly pleased over his acquittal. smiled broadly and congratulated his attorneys. Mary Chamberlain was not present. It was said she too, thought a verdict i'm possible and left town today for Bev- erly.
 n L n11a pf be, fn- night told how the jury arrived at the verdict
 "There was so much, testimony to consider, he said, that it took us d long time to go over the ground Nor a single ballot was taken until after noon today, when the jury had been out more than "A hours
 I've spent less time on the case 0, Sherill Clark. perhaps, ~thansany other, although it was gone into in detail
 sThen we spent much time on the case of. John Schmidt. The principal thing that caused his conviction was his act in shouting tos a neighbor to Come along with the crowu that was going out to sec the tarring. That made it appear that he was talk ing an unusual interest Tn the cpl sode. "The acquittal of Siinms does not seem so peculluf when II IS considered tnal only the uncorroborated testimony or Chester Anderson was given against him. The court instructed us that con viction should not. be based upon, sep arate testimony alone.
 None considered for a moment the alleged. bad reputation of Miss Mary Chamberlain, when he came to make up his verdict. We were agreed that that was not the Issue"
 Mir. Sanders could not remember how many ballots were <. taken. but he said they were numer0u& # i.