The Washington herald., 1912-01-26
MACDONALD JURY
STAYS LOCKED UP
Query by One Juror May
Mean a Verdict of Guilty
Without Death Penalty.
DELAY SURPRISES ALL
Judge Barnard Tells Men in Whose
Hands Wife slayer's Fate
Rests Their Limitations.
DELAY SURPRISES ALL

Remaining at the courthouse until 5
o'clock to receive the verdict in the case
OF Edward ]. Macdonald, who shot his
wife 20 death last May in the Colorado
Building. and the jury not sending
word at that time that they had agreed
on q verdict, Justice Barnard ordered
that the twelve men in whose hands was
placed the life of the wife slayer be
locked up overnight.
The jury retired at 1:15, and their stay
ing out longer than o'clock caused con-
siderable surprise among lawyers. spec
tators, and court attendants. It was con-
jectured when the Jury retired that It
would arrive at a verdict in a compare
lively short time, the instructions and
solutely devoid Of ambiguity.
One Opposes Pardon.
It was remembered. however, that the
juryman who wanted 10 know from the
court whether they could recommend that
no pardon should ever be extended to the
prisoner should a verdict of FIRST degree
without capital punishment be had, might
probably be contending for his point, and
in doing so consume more time than an
ticipated.
Before retiring, the jury was instructed
by Judge Barnard that they might re-
turn any one of six verdicts-guilty as
indicted, which carries with It the pen
atty Of death by hanging; guilty OF muir
der in the first degree, without capital
punishment; guilty Of murder in the sec
ond degree; manslaughter; not guilty, on
the ground OF insanity, and not guilty.
One Of the Jurors asked the court
whether the jury could also stipulate
that the prisoner might never have hope
Of a pardon, should the jury return a
verdict of guilty in the first degree with
out capital punishment. The court in
formed the jury that It is not within
their province to determine this question.
At the opening OF the trial yesterday
morning Mrs. Billopp, sister of the
murdered woman, was again recalled by
the government She was asked re-
gaFding the handbag Mrs. Macdonald
carried at the time she was shot, testi-
flying that there was no revolver In It,
as testified by the prisoner.
John J. Collins testified that the hand
bag was closed when he first saw II
lying on the floor near the PROSTATE
woman.
Proctor Flags Defendant.
The court gave each side one hour and
fifteen minutes for its argument. and
Assistant District Attorney Proctor DE
gan to address the jury at 1880 O'Clock.
Mr. Proctor traced the history OF the case
step by step and denied that the dead
woman knew of the defendants first
and emphatically combated the
Of the defense that MacDon-
AIDS mind was diseased, fortifying his
argument by the fact that the prisoner
was admitted to the army, and that he
was not drunk when he shot his wife, but
merely stimulated himself for the execU-
ton Of his purpose.
Attorney James A. O'Shea, for the de-
fense, wanted 10 know why Macdonald
took his wife to a busy office building to
execute his deed If he had premeditated
to kill her, as maintained by the prosecu-
tiOn. Mr.. O'Shea said II that had been
his purpose he could have done so at
home when he slept with her the two
nights previous TO the commission OF the
crime.
Attorney Daniel W. Baker. Of counsel
for the defense, in addressing the jury,
said that the testimony tended to show
that the defendant was no normal man.
He charged the government with seizing
upon evidence offered by the defense,
that Macdonald killed the
because she refused 10 come back
and live with him, while at first they
asserted he committed the murder TO hide
his bigamy.
Denies PremedItatIon.
The prosecution, according TO Attorney
Baker, had failed to prove any malice |
or p-emeditation, and denied that It had |
been shown in any degree that the de- |
fen6ant had any fixed design of commit !
ting the murder. |
District Attorney Wilson closed for the |
government, asserting that no proof had |
been offered that the deceased carried |
the revolver to the Colorado Building in |
her hand satchel, as set up by the de- |
fense. He said no evidence had been |
offered TO show that Macdonald had not /
carried the weapon in his pocket. The |
prosecutor said the defendant feared |
financial support from his family would |
be cut OF IL they knew of his bigamous
marriage, and that Il was to prevent |
this he slew his wife. Mr.. Wilson de-
-lared that not a single word Of medical
had been offered in support OF |
the contention of the defense that Mac
Donald was an epileptic.