Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-09-09

eutor disentangle what he termed "the
cheapest fabrication of the cheapest
murder" but he shouted shame at the
prisoner for his relations with a mere
slip Of a girl from the age of IS until
within his own married life. and held
her forth as the motive for the crime.
And the prisoner admits that it WAS
| the passion" said Mr.. WendenburR.
Yes 1t was passion, but passion born
of the devil and passion that sent to
death his wife so that he might con-
tinte his vicious pleasure ss,ss
MIR. Wendenburg concluded his adj
dress few minutes after 8 p. NJ. A
brief respite was given 10 jury and at
SIS p NJ, 1t began consideration OF
the case.
For IS minutes they were together IN
deep consultation, jury Of simple farm.
ere, who each morning sang hymns and
strove TO forget the story of dissipation
as related day after day on the witness
stand. What had been generally predict
ed was true-their minds were we'll made
up before they left the court room.
w. L. Burgess, a square-jawed man
with an earnest face, was elected fore
man. They balloted and 1t was no SUR
prise. they declared. that all voted alike.
They prayed that they might not take
life in vain and they opened their con-
sciences to one another for nearly an
hour so that they might go back to the
court room firmly convinced of their duty
and of one mind.
And in the court room sat Henry Clay
Beattie. Jr., the sporting page OF news
paper spread before him. But he did not
read long. He folded the paper and con-
cealed his face In 1t. Those who sat near
the boy of iron nerve observed a twitch.
ing of his lips as though moving in pray
er as he sat with closed epes awaiting
the return Of the jury He raised his
| head for q moment, dropped the paper
again and began reading Then he whis-
pered a few words to his father and
brother. 1t was for them he felt and to
them he counseiled cheerfulness. @
It was nearly dark in the court room
yhen the jury returned. Three oil lamps
game meagre luster TO the scene sun
sets red rays still streaked through the
windows. On every side rested teae-
graph instrument and operators waiting
for the announcement of the verdict. A
thick mass of faces rising in an incline
TO the shabby ceiling stared at the jury
men. Famous jurists looked down. too.
! from fiy-specked paintings, The court
asked the prisoner to rise. He drew him.
self up calmly and waited.
Have you gentleman agreed on o YER
dict?" asked Judge Watson.
I'VE have" said Foreman Burgess.
| The prisoner had confidently expect
ed hung 1urF" not acquttal or
4 49, aakn 81 NJ.
audience not to manifest its approval
or disapproval whatever the verdict
And what is your verdict" asked
Judge Watson. turning again to Fore
man Burgess.
Guilty" answered Burgess. but to
his voice was added the voices OF IL
others.
Unyersed in law and the forms OF q
murder trial. the jurymen had not
specified what degree of murder. Ask.
ed what degree. Mr.. Burgess answered
simply: Guilty as Indicated" Cntier
Virginia practice murder is presumed
To be second degree. unless otherwise
specified. 1t was incumbent upon the
jury TO fix the degree. SO Judge watson
advised the juryinen to confer again
on the point and seven minutes later
they concerned this time with the ver-
diet of Murder in the first degree
The prisoner stood motionless. His
face. in color yellowish green through
out the day, was immobile. He fasten-
ed his eyes on the faces of the IL men
who had pronounced his punishment
as il to penetrate their minds and de-
termine the reason why. 1t was not a
resentful expression, however. and
when the court asked If he had any
thing to say. he answered:
Il have nothing to say" and sat
down.
The perfunctory motions for a new
trial We're made by counsel for the de-
fence. The usual permission even 90
argue the point was denied. Judge
CONTINUED on Page Twelve.)