The Elk Mountain pilot., 1911-07-06
JURY RETURNS VERDICT Of
MURDER IN SECOND
DEGREE.
ASKS FOR new TRIAL
At REQUEST OF DEFENDANT
JUDGEMENT Is RESERVED
FOR TEN DAYS.

Court, read the verdict OF the jurors
in the murder trial which has held
the attention OF the city, the state and
almost the entire country for ten days.
while the throng in the court room and
hundreds gathered outside the building
listened breathlessly. The verdict
was reached in less than four hours
of actual deliberation:
I'VE, the jury, find the defendant,
Frank II. Henwood. guilty of murder
in the second degree. as charged
Henwood, sitting erect and out
wardly calm beside his attorney.
heard the verdict in silence. only
slight twitching OF his lips and a brief
rapid blinking of his eyelids to keep
back unbidden tears denoting that he
was the most interested OF all In the
courtroom.
Mrs. George f. Copeland, widow OF
the slain man. and her relatives. who
daily have attended the trial with her.
were not present when the jury re-
turned its verdict. court officers be-
ing unable to reach them. but Henry
Won Phul OF Cripple Greek, cousin oil
Sylvester Louis Won Phul. at whom
Henwood was shooting when Cope
land was fatally wounded. was present
and listened to the verdict with an ex-
preston OF satisfaction on his feat
ures.
Immediately after the verdict was
read the defense noted an exception
to the finding Of the jury and asked
that the Jurors be polled. Each OF
the twelve men. In answer to his
rsme. then announced In low tone
dat such was his verdict In the case.
on motion OF defendent. the court
reserved Judgment for ten days to
allow the defense to file \ motion for
q new trial.
District Attorney Elliott arose and
asked the court to set the trial Of the
Won Phui charges against Henwood
for July 5th. and this was done.
Judge whitford thanked the jurors
for their attention and for fulfilling
their duty and discharged them. order
ing them to report July 5th.
Henwood returned to the county
Jail under guard and for the time be-
ing the notorious "Henwood'' case Is
closed.
Hardly had court adjourned than
speculation became rife AZ to what
will be the ultimate outcome Of the
case.
That the Supreme Court Will re-
verse the case on errors II an appeal
is taken appears to be the consensus
OF opinion among the attorneys who
have been in attendance almost daily
at the trial. That there is sufficient
error in the record to Justify this be-
lief is the assertion Of Attorney Bot
tom and OF almost every person who
paid particular attention to the trial.
Should Henwood be acquitted in the
Won Phul case, which is considered
possibility worth keeping in mind. Hen
woods counsel then would have
nice point in law to work upon. In
event Of an acQuittal In the Won Phul
case. prominent attorneys state. coun-
sci for Henwood then could raise the
point that. having been found not gull.
ty on the main case. that OF shooting
Won Phul. Henwood could not be incar-
cerated for an offense Incidental to
the main case. A writ OF habeas cor
pus must be granted by the Supreme
Court in such a case under the law
and according to noted precedents,
say attorneys Of experience.
The verdict in the case was reached
after less than four hours actual de-
liberation by the jury.
1t will be the contention of Hen
woods counsel that Henwood commit
ted but the one act. the killing OF Won
Phul being that act. The fatal wound
ing Of Copeland, counsel will argue, is
but a variation of that act There was
but one intent, will be argued; Hen.
wood believed his life to be in danger
and shot to protect his life. with that
one intent That five shots were fired
is immaterial. counsel will argue. the
five motions OF Henwood's trigger
finger being in reality but one sus-
| tanned motion and but variations of
the act, and, therefore, only one Of
| fense.
When Henwood is brought to trial.
probably next week, on charge of
first degree murder. for the shooting
| of Sylvester Louis Won Phul. his coun.
sci will ,nterpose plea that Henwood
cannot be tried on that charge. under
the constitution OF the United States. He
will assert that Henwood, as q citizen
of the United States. has the rights
granted every citizen and that the con-
stitution expressly states that mo
person shall be subject for the same
L atlanta IN he twice nut in ieOpardY of