Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-11-25
After All Hope Of Agreement
Had Been Abandoned Verdict
Was Unexpectedly Returned
Into Court
SENTENCE WILL BE
PASSED IN FEW DAYS
Confessed ASSaiIantS of School
Teacher Must Serve Year
Year Each in Jail For Their
Pant in Attack,


IBy Morning journal Special Leased wireI
Lincoln Center Kan, Nov "a
Two Of the defendants In the Tar
party" case. John Schmidt aud Sher-
rill Clark, hate today were found guilty
of assault and battery by jury In
Judge Growers court, that had been
out continuously since 1880 o'clock,
Thursday morning. A. n Simms, the
third defendant, was acquitted.
Sentence on the two men was de-
ferred To permit attorneys to argue
a motion for q new trial.
Earlier in the day in the same court
sentence of one year each In the coun-
~ Jail, the extreme penalty in Kansas
for the offense charged was passed
on Everett q. Clark, jay Fitzwater.
Watson Scranton and Edward Ricord,
confessed assailants OF Miss Mary
Chamberlain. These defendants, were
accused of the same crime as the 9TH
er men.
In addition 10 the sentences, the
court ruled that the men must pay
the costs of the prosecution. An ef-
fort was made by attorneys for Fitz-
water and Clark to have the court
entertain motion to grant an appeal
to the supreme court on the ground
| that the sentence was excessive This
motion was not passed on today.
Ricord, already was In Jail, hav-
ing been surrendered by his bondsmen
seventy-seven days ago.
| The court told the three other men
| they might have a reasonable length
of time In which to straighten up their
business affairs. Fitzwater says he will
go TO Jail next week. Clark's immense
| business interests may make 1t neces-
sary for him to be free for a month
or more. Scranton said he would be
| ready for jail In few hours and he
would not appeal his case
| Both the convicted and sentenced
men took their fates calmly. The four
confessed men expressed themselves
as actually being glad the long period
of Waiting was over Clark and
Schmidt hardly expected conviction
but they had no complaint to offer.
| They are still free on their bonds. Ii
! Is expected they win be given plenty
of time TO arrange their business af-
fairs as We're the other defendants.
| Only few spectators were in the
court room at any time today. This
| was due to the dual reason that II
was not generally known the convet-
ed men were TO be sentenced and also
| because the jury was expected to be
chung" When the jury failed TO bring
in a verdict last night practically
every one had decided the delibera-
tors were in hopeless tangle of argu-
ments from which they would not
emerge.
| Among those who gave up hope Of
an agreement this afternoon were all
the attorneys for both sides But
Judge Grover was more optimistic.
I'm hold them until tomorrow" he
said "and II there Is no verdict then,
then Ill let them CO."
Just before the noon hour. the
sleepless jurors sent word they want
ed TO see the judge. There was hope
Of verdict then. Smiling the attor-
neys took their places. Led by My
ron Green, the jury filed into the court
room. "tincle Myron, as he Is call
ed, advanced to the judges bench,
raised his left hand, thumb extended
upward by way of salutation, GUS
tom OF twenty-five years with him in
the court Of Lincoln county, and then
retired. Everybody settled down to
hear the verdict.
| your honor" announced the fore
man. 1--WE wish to hear certain parts
of the testimony of Mr.. Slmms read
again"
Hopes fell rapidly with that state
| ment It was generally whispered
| among the attorneys that Simms had
made the worst showing of any OF the
| witnesses. So, decided the lawyers, II
| they were tied up on his case, IL was
to be drawn-out fight.
The testimony read, Judge Grover
! sent for the four confessed assalants
| and sentenced them preparatory TO
putting the court In order for ad-
| journment,
None Of the accused men offered
any reason why they should not be
sentenced The court made no COM
ment on the crime charged. All morn
ing, attorneys for the defendants
pleaded futilely for lenient treatment
of the prisoners. Prosecutor McCanless
demanded the extreme penalty.
The aged father of jay Fitzwater,
a widely known preacher In this Sec
ton of Kansas, saw his son arraign-
ed. He is greatly downcast over the
boys disgrace, but has no harsh feel
ings against the officers for enforcing
the law.
at was shocking crime" he said.
~ so expressed myself before | knew
my son WINS implicated"
The most surprising feature or the
verdict to those who have followed
the case closely was the conviction or
Schmidt. lie Ia a quiet, little farmer,
against whom II was considered the
state had made a weak case.
Mrs. Simms, who has been con-
stant court attendant remained with
the two convicted men until after
court adjourned. Her husband, high
lly pleased over his acduittal, smiled
broadly and congratulated his attor-
neys.
Mary Chamberlain was not present.
III was said she too thought yer-
dict impossible and left town today
for Beverly,
O. p. Sanders, one of the jurors,
tonight told how the jury arrived at
the verdict.
"There was so much testimony to
consider" he said. that 1t took VS. .