The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-11-15
IS GUILTY
OF MURDER
Jury in the Case of the Indian
Billy George, Brings in a Ver-
dict in Four Hours
CLOSING ADDRESSES
TAKE MOST OF DAY
Six Hours Given Up to Arguments
and Case Goes to Jury at $3.50
p. m. Saturday---Immediate
Consideration of Evidence

| After being out only four hours,
the jury in the case of Billy George
alias KaWaton Kahoter Hamster, the
Indian charged with the murder OF
William X. LusDy ON the reservation
last April, brought i'll a verdict apou'
IL o'clock saturday night, hndlhs
him guilty of murder in the second
degree. This means sentence OF al
least ten years ana as many more az
the court may think necessary. Judge
Preble, after polling the jury, thanked
| the members and asked them TO re-
port for further service Monday
morning Among those who were
present when the verdict was brought
in were Clerk Barr, Prosecuting At
torney Ward, Deputy Prosecuting At
torney Gilbert, and Attorneys Holden
and Hatfield of the defense The on
| ly evidence of feeling on the part OF
| the defendant was a slight quiverihS
of the chin that only lasted a moment
He was led back to Jail and the court
room soon became deserted.
Close of Trial
| The trial which has been on dur
ing the present week, ended at $50
Saturday evening, when the case was
given to the jury after arguments by
counsel. Judge Preble charged the
jury at some length on the opening
of court Saturday morning. After
reading the information on which the
arrest was made, Judge Preble said,
under this information, if The evil
dence shall so warrant, you may find
the defendant guilty of murder in the
first degree or guilty i'll the second
degree, or you may find him not
guilty"
Judge Prcblc's Charge
The court then went on TO describe
the various degrees of murder and de-
fined the law in the case, adding: IF,
upon consideration of the whole evil
ldence, you shall be convinced beyond
a personal doubt that, in Yakima
county, in the state of Washington
in April, 1911, and in the manner and
form alleged in the information, eth
err the defendant with his own per
sonal volition and act killed said Will
liam r. Lusby with a malicious design
to effect the death of the said Lusby
or that one Jim johnson, then and
there in said manner and FORM killed
said Lusby with q malicious design
to effect the death of said Lusby, and
that defendant was present at said
killing by Johnson, and with ma
Ilicious design to kill the said LuSbY
land, with knowledge of Johnson's said
design. aided and abetted johnson
in said killing, in the sense | have
defined aiding and abetting, then you
should find the defendant guilty in the
first degree if you shall be convinced
by the evidence beyond I reasonable
doubt that defendants said design was
a premeditated design in the sense
have defined that phrase--in the sec
ond degree if you shall not be con-
WINGED by the evidence beyond a
reasona BILE doubt that his said design
was premeditated design.
CircumstantiaI Evidence
"In this case the state relies upon
circumstantial evidence alone to con-
meet the defendant with the commits
sion of the crime.
II instruct you that to warrant a
lconviction upon circumstantial evil
dence alone each alleged fact or cir
cumstance essential to the inference
or conclusion of defendants guilt
must be proven by the evidence be-
Iyond reasonable doubt, and such
facts and circumstances must be con-
sistent with each other and incon-
sistent upon any reasonable hypothesis
with the innocence of the accused and
incapable of explanation upon any
reasonable hypothesis other than his
guilt, and must convince you of hi.
Iguilt beyond a reasonable doubt. Tf
authorize a conviction upon circum-
stantial evidence alone the alleged
circumstances necessary to the con.
clusion of defendants guilt must no.
only be consistent with the guilt Of
the accused but they must be such
that they cannot have existed and the
defendant, in the ordinary course Of
things, be innocent.
ut is your duty to inquire with the
most careful attention what hypothe.
; sis besides that of guilt there may b,
which agree wholly or partially will
: the proven facts and unless the fact.
if any, upon consideration of the
whole evidence, proven beyond reas
enable doubt, are wholly inconsisten
upon any reasonable hypothesis witt
the innocence of the accused, anC
shall convince you of his guilt beyond
a reasonable doubt. you shall acquit
MIN.
Question of Abb
zone of the defenses interposed by
defendant is that at this time the al
legged crime was committed he, the
, defendant, was at place other thar
where it was committed.
IF. upon the whole evidence, yoJ
, have any reasonable doubt as tC
whether, at the time when the sal,
William r. Lusby was killed the de-
PENDANT was at the place where Inc
was killed you must give the defend
liant the benefit Of that doubt and ac-
quit him.
Evidence has been received touch
L ing statements claimed to have beer
made by Jim Johnson in the presence