White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1912-04-07
Heller IS FOUND
GUILTY BY JURY
VERDICT OF MURDER IN SECOND
DEGREE Is RETURNED BS
JURY THURSDAY NIGHT AFTER
THREE BALLOTS ARE TAKEN.

jury IN JuuBe coleman court OF
murder in the second degree for the
killing of Jennie Fitzgerald, a woman
of the under world, last December.
The verdict was returned about IL
o'clock Thursday night. Heller
showed no signs of emotion what
ever when the conclusions of the
jury were presented, which sends him
to the state penitentiary for a period
ranging from ten years to life.
When the twelve jurors filed into
the court room, having announced
that they had reached verdict, He
her sat with his attorney, Anthony
Jurich. The court set next Friday
as the date for imposing sentence.
The defendants attorney gave notice
that he would file motion for new
trial on the ground that the judg-
ment of the jury was not justified
either by the evidence or the facts.
The verdict was reached after
three ballots had been taken. The
first ballot showed a unanimous vote
for guilty, the degree of murder not
disclosed the fact that ten were in
favor of murder in the second de-
gree, and two for manslaughter. On
the third ballot the jury agreed upon
a verdict of guilty of murder in the
second degree.
The case went to the jury at 1920
O'Clock Thursday night, after At
torney Jurich had made his argu-
ments for the defense, and District
Attorney MeFadden had rehearsed
the many links of evidence brought
out by the prosecution.
Judge Coleman in his charge to the
jury was exact to a detail in In
strueting the twelve men as to their
duties. He dwelt at length on giving
the defendant the benefit of the doubt
and minutely fixed the responsibility
that would attach to the different de-
grees of murd >r. There was abso-
lutely no possible chance for any
clear thinking man to misconstrue
the constructions. The court also
cautioned the jury not to consider
personal prejudice, bias or sympathy.
nor allow these questions to influence
them In arriving at a verdict.
In his plea for Heher, Attorney
Zurich attempted to prove that GER
tain organs of the deceased were not
performing their proper functions,
and that the beating which bad been
administered to the Fitzgerald woman
did not cause her death. He main
tanned that the physical condition of
the woman was such that death
might have resulted at any time with
out a beating or bruising of the body.
Mr.. Jurich maintained that the de-
fendant could not be held for mur-
der, as 1t had been demonstrated that
tory to her death.
District Attorney McFadden, In re-
viewing the testimony. discussed the
nature and severity of the wounds
received by the deceased, and called
attention of the jury 10 the bloody
sheet and pillow cases. He asked
that these features be considered in
considering the death of the de-
ceased.
The testimony of DR.. A. f. Adams
related to facts revealed at the cor
oner's inquest, the witness relating
in detail the nature and location of
every wound on the body of the de-
ceased. DR.. w. S. Holmquist yerifi-
ed the evidence of the former witness
relative to the seriousness of the
wound. Questions were PROFOUND
ed by the defense for the pur-
pose of definitely determining
the cause of the death of the
utttdStu, DuA the WlintSS ulSDidttu
a desire not to give a direct answer
to any of the questions.
DIR. r. II. Richardson was firmly
of the belief that the beating was in
a certain way responsible for hasten
ing the death of the Fitzgerald
woman.
The following composed the jury.
George A. Fisher, Roy Carter, W. T.
Miller, w. A. Shallenbarger. George
II. Barber, T. l.. Sloan, La Forest
Hill, Louis b. Frank. w. Y. McGill.
Joseph Neill, Ernest Randall. and
w. II. Fuller