South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-10-14

Willard Arney was acquitted Of the
murder OF Enoch Highshew by the
verdict of the jury returned in the
circuit court Tuesday morning. The
announcement of the verdict was the
signal for demonstration in the gal
lery which drowned the rapping Of
the gavels Of the judge and sheriff in
the effort TO maintain order.
The verdict had been reached short
y after midnight II was sealed and
the jurymen spent the night in their
homes. returning Tuesday to report
Five hours. during which L ballots
were cast. passed while they were
wrestling with the fate OF Arney. They
received the case shortly after six
o'clock Monday and began delibera-
tiOns on their return from supper.
The first ballot stood nine TO three
for acquittal. Further deliberations
brought oine more juryman over to-
the side OF the majority. Then the
jury locked and on each succeeding
ballot. until the last. wheE the agree
ment was reached, the vote stood ten
10 two.
Demonstration in Court.
Following short delay which serv-
ed 10 increase the atmosphere Of
tense expectancy in the courtroom
the jury entered the circuit court room
a little after nine o'clock Tuesday.
The gallery was crowded with the
spectators who have attended the trial
throughout Arney. white-faced. sat
beside his wife and boy. and scanned
the faces Of the Jurymen as they en-
tered
As Judge Funk, reading the verdict,
pronounced the words mot guilty
which made Arney a free man, the
tenseness which perVaded the court
room was shattered by t6s applause
which would not down. Handicap
ping and stamping of feet threw the
court into an uproar which for a mo-
ment Judge Funk and Sheriff Swan
son were pOwerless to stay.
When the demonstration finally
ceased Judge Funk dismissed the jury
and ordered Arney discharged. Then
followed an emotional outburst rarely
if ever equalled in the local courts
Arney had heard the words of his
acquittal with just the trace OF
smile on his white face.
Arney Thanks Jurors.
AS the court pronounced him free
he turned TO the jurors who We're
filing out. shook hands with each the
tears In his eyes supplying the words
which. II seemed. would not come
Mrs. Arney found voice TO thank the
men as she shook hands with each.
Once outside the court room all re-
straint was east aside. After en-
bracing his wife. who has been Ar
ney's constant companion since his
arrest last spring. Arney found him
self in the midst of a thrOng OF friends
who insisted on concentrating him.
Women threw their arms about ms
neck and wept on his shoulder. The
sfN-year-old boy. who had been IN
court during every day Of the trial,
clung desperately 10 his fathers hand
while they edged their way through
the crowd in the corridor.
Arney's friends followed him 10 the
county Jail where he packed his be-
longings and said goodbye 20 the men
behind the bars. who have been his
cell mates all summer. Not man or
them but forgot his own plight long
enough TO wish Arney luck. lie mas
been a good pal they said, and Mrs.
Arney too. had aroused their SYM
pathy through her devotion TO her
husband She has not missed a day at
the iail since Arney's arrest. accord
ing To the turnkey. Mrs. Arney Sis
ter was the witness who gave PROB
ably the most damaging evidence
against Arney.
Jurors Moved 70 Tears.
The emotion displayed during the
trial was not confined entirely 10 the
friends of the accused man. Two OF
the jurors were moved 10 tears dur
ing the closing argument OF Atty.
Henry Steis. in defense of Arney. Ihey
brushed away the tears from their
cheeks before many in the court room
Mrs Highshew. widow OF the man
whom Arney was accused of Staying.
heard the verdict without the display
of any emotion and left the court
room Immediately afterwards. She
was the first witness called by the
state and had been in constant at
tendance at the trial
Enoch Highshew was killed on the
night OF Nov 3. 1903, on a country
rod south of Mishawaka. His dead
body was found early next morning
IN the buggy which his horse had
drawn into the shed unguided follow
ing the murder. Merle Alderfer and
]. G. Jeffrey. neighbors who were
eummoned We're so startled at the
ghastlv discovery and SO preoccupied
in the search for clew that they
were found searching the highways
with tighter lanterns long after day
light had dispelled the need, accord
ing 10 information which developed
Tuesday.
Woman's Hint Gave Clew.
Through a hint dropped by Mrs.
Laura Rosinski. Arney's stster-ln-laW,
officials obtained the clew which led
to the arrest OF Arney. Mrs. Rosinskl
claimed Arnev had confessed 70 her
that he had been with William
Booker when Highshew was killed.
Booker was brought from the JeHer-
souville reformatOry and confessed
that he fred IN shot which killed
Highshew and testified that Arney was
with him and had suggested the plan
by which they were 20 hold up High
shew
Arney offered an alibi in his de-
fense His attorneys also laid great
stress on the evidence OF but one pair
a foot prints al the scene OF the muir