New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-09

the devil, and passion that sent to death 4
his wife so that he might continue his I
vicious pleasure.
Mr.. Wendenburg finished his address n
few minutes after ! p. m. A brief |
respite was given the jury and at 5:2S !
o'clock it began consideration of the
case.
Jury Unanimous on First Ballot.
For ffty-eight minutes they were to-
gether in deep consultations jury Of
simple farmers. who each morning sag
hymns and strove to forget the story of
dissipation. with its foul chapters. as re-
lated day after day on the witness
stand What had been generally pre-
dicte1 was true-their minds were well
made up before they left the courtroom.
W. L. Burgess. square jawed man,
with an earnest face, was elected fore
man. They balloted. and 1t was no sur
prise. they afterward declared. that all
voted alike. They prayed that they
might not take life in vain. and they
opened their consciences to one another
for nearly an hour 80 that they might so
back 10 the courtroom firmly convinced
of their duty and of one mind.
And i'm the courtroom sat Henry clay
Beattie. ir.. the sporting page Of a news
PAPER spread before him. But he did
not read long He folded the paper and
concealed his face I'm it. Those who sat
near the boy OF iron nerve observed
twitching of his lips. as though moving
In prayer as he sat with closed eyes
awaiting the return Of the jury He
raised his head for moment. dropped
the paper again. and began reading.
Then he whispered a few words to his
father and brother. IT was for them he
felt and to them he counselled cheerful
ness.
II was nearly dark in the courtroom
when the jury returned. Three oil lamps
gave meagre lustre to the scene. sun
sets red rays still streaked through the
windows. on every sill rested n tele-
graph instrument and operators tensely
waited for the announcement of the YER
dict. A thick mass of faces rising in an
incline 10 the shabby ceiling stared at
the jurymen. Famous jurists looked
down too, from fy-specked paintings. !
1r the minds of the gaping crowd re-
manned the thought of the powerful
speech of the prosecutor and his denun- !
citation of the man who exchanged the |
glow of virtue FOR passions feeble !
tapers.'
Guilty." Says the Jury.
The court asked the prisoner to rise
He drew himself up calmly and waited. |
Have you gentlemen agreed on a YER
dict?' asked Judge Watson.
I'VE have" said Foreman Burgess.
The prisoner had confidently expected |
q hung jury" not acquittal or convic- |
ton. The court requested the audience |
not to manifest its approval or disap- !
provsl. whatever the verdict.
And what is your verdict" asked |
Judge Watson, turning again to Fore |
man Burgess.
Guilty" answered Burgess. but his !
voice was swelled by the shout OF eleven /
others.
Unversed in law and the forms of a |
murder trial, the iurymen had not speci- /
fed what degree of murder. Asked /
what degree Mr.. Burgess answered sim |
ply. Guilty as indicted" Under Nir- |
cinia practice murder is presumed to be |
second degree unless otherwise speci- :
ncd. II was incumbent upon the jury TO |
fiS the degree. 50 Judge Watson advised
the iurymcn to confer again on the point,
and seven minutes later they conformed, |
THIS time with the verdict of Murder in |
the first degree"
Prisoner Unmoved and Silent
The prisoner stood erect and notion |
less His FACE. in color a yellowish green !
throughout The day. WAS immobile.
The light Of a lamp cast a dreary /
shadow on his upturned chin as he facel |
the jury His eyelids sagged. but did |
not blink. in steady gaze he fastened |
his eyes on the faces of the twelve men |
who had pronounced his punishment, as
ir to penetrate their minds and deter |
mine the reason why 1t was not re-
scntful expression, however. and when |
the court asked if the prisoner had any !
thing to say he answered: Il have moth !
ing TO say and sat down.
The perfunctory motions for a new
trial were made by counsel for the de- !
fence The usual granting of permission |
even to argue the point was denied, as |
Judge Watson in a stern voice declared |
that ali rulings of the court were on |
comparatively unimportant detail and |
IN no way could have influenced the YER !
dict
y stay Of execution was granted, how
ever, in order TO give counsel an oppor-
tunity to apply for writ of error when |
the Court Of Appeals meets in Novem-
Der
Judge Watson delivered an impressive !
speech to the prisoner. He told how the |
young man had stained his own life and |
that Of the community in which he lived !
by his sordid acts When the trial first |
began. said Judge Watson he had hoped |
that Virginia might be cleared OF the |
crime for which not only the state felt |
shame. but which the entire country
deprecated He had hoped that counsel |
would prove the defendant innocent but |
the evidence, he regretted to note, was
all convincing and overwhelming.
The court in this trial" said Judge !
Watson, has endeavored in all its de-
cisions to lean toward the side OF the |
prisoner, and in its charge to the jury, as
well. attempted to give him the benefit OK