Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-06-28
The Jury in Henwood Trial
Informed That It Must Con.
vict OH Those Grounds or
Acquit Henwood.
MANSLAUGHTER CAN
NOT BE VERDICT
Alleged Slayer of Copeland
and Won Phul Has Fate in
Hands of Twelve Men; Who
Was Double Crosser


Denver, Colo. Jane 2N.-"Th.rc Is
uo manrlaughtcr In this case i'm
prcssivcly said District Judg, GrocieN
NJ Whiford ~ reading the nstruc-
tions to- The jurS IN the ease or Harold
f. i,cnwnod this morning
The court charged the Jury that
tn,rc were hu, three pussihip Vcrdicts
80 thc ease First degree murder. soc
ond degree murder ana acqBitaL
The iurN was also directed that
should its verdict he first degree mur-
der penalty should be fixed, cithcr
oi lic imprisonmrnt or death. Shuuld
thr verdict Zoe second degree murder
thc court itsrit ;mpos,s thc penalty.
which under "a, Colorado statute vs.
from ton wears to lifc imprisonment
The elimination "f manslaueht'r
from th, case caused Attorney John
r. Bottom fur the defense a. take cN-
cvptions. u, stated To tho court that
he believed this should have been in
rludcd.
rho iure was charged that shot,
trsd with malice and prcmcditatipn.
death resulting. although shc shot was
not directed against the person killed.
constituted a crimc OF .irFi degrtc
uurd.r. la other words. tho acci-
dental killing cot Gcorg. y. Copeland,
Tor which lIcn,,uod is byiuI tried,
by "a hullc, intended for sylvester y"
Won Phui. iIstifies verdict of first
degree murder pro,idIng that Hen
wood intended maliciuusly AMI pre-
Rucdiiaiedly To- take Won ihula ne.
Tte .ouri charged the jury that
evidence ~ threats ana g1n plays on
,hc part OF Won rhul against iton-
wood. OF previous uuairClr bCtw'"u
thrm. was ndmissiSlc only To show the
condition cf Won Phul's mind whom n
occurred That when Won phul
knocked down Henwoud iu the hotel
but made no further attacks. and
l.nN ood thOn a.'d. there was no
t,lf defense ana " Ii"nWood nr.G
dcl'bcratpiy ana maliciouSly tn, cr.mc
vas first degree murder
intent Was defined as 'mtcnt 20
Nll' and not To kin any particular
person. Thr presumption of law as
." thc sanity of the defendant was
explained. aud reasonable doubt
which. the court said, must amuuut
to an abiding conviction
f'ro,iuus To thr reading 81 tho in
rtructiun- thp court permitted Attor-
n,y Bottom TO recall iicnW oud L" ih.
stand for the purpose OF idcniifying
the sp-Callrd Mabel letter suppuscd Il
So have been written hy Nun phul
from tho Baltimore hotel in Kansas
JitN The lrttor was ruled on; ACH-
lcrdsy and the court rcaifirucd this
action
This l.ltrr contains a reference tu
"a certain "doublo Cros-oY' who was
in th, habit of visiting the ranch ui
John ". springer. husband of the
principal witness IN the case, II
Threatened TO knock his block Oft
Both attorncyn admitted tina, Hen
wood vas not meant bN the expires
siou double crcssor. and the court
held that tia, being TIE case the io1-
? ter could have no bearing on tht
tript
Mr. springer. Il has appeared IRON
the tcstimWiH Was IN, only oill'i
man vino frcquentcd the Spriugo'
ranch
Assistant Disuuct Attorney John
Horne Chil,s opened the argument
ior the pros,cution with scathihr
dcuunciatiun ut iidhwuod ~ M,
destroyer ol the home oi John "
,Coltnucd on pUge Five column T..