The Alaska citizen. (Fairbanks, Alaska) 1910-1917, 1911-09-11

this nightshirt. That morning | got
up and went horseback riding That
was all the testimony given.
Mr. Chiles gets up with his wish
TO bring in a verdict for the district
attorneys Office. and he says to me
and shakes his finger at me and calls
me the wrecker of the Springer home
Mr.. Chiles Gnterrupting)-I be
lieve you are.
The Court-No. no; you are max
ing your statement Mr. Henwood. to
the court why the court should not
pronounce judgment. Proceed.
Defendant Henwood-I tell you Mr..
Chiles and Mr.. Elliott will see the
day just as sure as they sit in
those chairs that you will come to
me and apologize and say 'Henwood
you will do what you did the other
day. when you came up here and ask
ed for a new trial-Mr. Bailey came
up and admitted error in the case.
and | believe the judge has it under
advisement-you will do that in my
case, and John Springer will be sit
ting right there with you
The Court-The court will say fur
Their that the district attorney stat
ed to the jury that it should be
verdict Of not guilty. Mr.. Bottom.
your attorney. following his speech.
stated that in that he agreed with
the district attarney - that it
was murder in the first degree or it
was not guilty Your defense was
that of self-defense-th is, that you
believed from the appearances and
the threats that you were in danger
of losing your life or suffering great
bodily harm, and you shot under
those circumstances. knowing. as the
testimony read here moment ago
you shot for the purpose of hitting
Won Phul The jury found that there
was no self-defense in the case. and
the court must accept the finding of
the facts from the jury. Your counsel
and the district attorney were agreed
that If there was not verdict of
acQuittal it should be murder in the
first degree; that you shot inten-
tionally and purposely and del'ber-
ately. and you so testified
THE jury returned verdict OF
second degree in the face of that
testimony. The law provides that the
court shall exercise its judgment in
imposing penalty in murder of sec
ond degree to not less than ten years
and it may be extended to life.
Il believe with the counsel on both
sides that it was murder in the first
degree. believe from what you
have said that you shot purposely
and with the intention of killing Won
Phul; believe you did it out of
jealousy and revenge. excited by the
passion that you entertained for the
Springer woman, and that you shot
to put Won Phul out OF the way; that
you got your gun for that purpose;
that being the case, the court being
so advised, il would seem a case
where the court, in the performance
of it's duty. ought TO im9oEe the
maximum penalty under the law.
In this case the judgment of the
court is that you be confined 10 the
penitentiary at Canon City for and
during your natural life
During the pronouncing Of the SEN
tence and the preliminary remarks
Of the Judge, Henwood stood as still
as a statue. Not muscle of his face
moved. but it remained as white as
a sheet. After listening to the sen
tence he turned and walked over to
the rack where his hat hung and
taking it in his hand. stood by his
attorneys chair.
Bottom then asked and was grant
ed a stay of execution of the SEN
tence for sixty days to make applica-
ton to the supreme court for a writ
of supersedeas and TO prepare a bill
of exceptions.
Henwood talked with his attorney
and number of persons and de-
clared he felt confident that he
would be given new trial. Pending
the action of the supreme court he
will remain in the county Jail.