The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-10-08
DIRECTED VERDICT
IN TUCKER CASE
Judge Hamilton Orders Jury to Re-
turn Findings Of Not GUILTY,
After Hearing Girls
Testimony.
DEFENSE MAKES MOTION
Wanted Case Taken Away at End Of
States Testimony-Tueker's
Daughter Only Eye
Witness.

Sustaining the defendants motion
for directed verdict in the case OF
the state Of Iowa VS.. Joseph II. Tuck
er, Judge w. S. Hamilton, this morn
ing ordered Everett Garrison, as fore
man Of the Jury. to sign verdict OF
not guilty. The story Of fuckers 16
year old daughter. the only eye Wit
ness to the encounter. was respon-
sible in large measure for the early
acquittal OF her father. as the court
had stated ruling on the motion would
be reserved until after she had testt-
fed.
Judge Hamilton stated that he had
not arrived at his conclusion without
having spent restless night. yet he
could not see his way clear to do any
differently than he did. Tucker was
discharged upon the courts receiving
the jury's verdict, and his bond was
exonerated.
ITO the charge Of manslaughter the
defendant in this case has plead that
in doing what he did to the deceased
Redmon, he. this defendant, was act
ing in SELF Defense" said Judge Ham
ilton.
The States Case.
ut must be borne in mind that the
defendant, under the law. Is presum-
ed to be innocent until he has been
proven guilty beyond reasonable
doubt. The state by its evidence has
established the following facts, Red
mon went into the store OF the de-
fendant and made q violent assault
upon him. The defendant, some time
before, having been run over by an
automobile. was In disabled ana
crippled condition, the accident hav-
Ing rendered necessary the use OF
clutches BY him. Upon being assault
ed defendant shot Redmon with a re-
| yolyer which he had taken from his
store shelf. It Is the law that one
who is placed In danger Of his life
or Of great bodily injury, has the
right to defend himself even to the
extent OF taking the life OF his assail'
ant, II such action, is necessary for
his own protection.
Can't Make Distinction.
Being upon his own premises the
defendant was not bound to retreat
from violent assault made upon
him. It is true he must use only
such force as may appear to him rea'
sonably necessary for such self de.
Tense; but when the assault Is made
quickly, and with great violence, ne
cannot be expected to make close
distinction as to the degree of force
which he may use. At the close OF
the states evidence defendants coun-
sci made a motion for directed YER
dict.
II then stated that would reserve
nv ruling until the only eyewitness
besides the defendant had been exam
ined. This eyewitness was the de-
PENDANTS daughter, girl Of sixteen
years of age.
Daughters Testimony.
"Her testimony is to the effect that
Redmon, after directing vile language
towards the defendant, upon his max
ing an assault upon the defendant by
striking him in the mouth heavy
blow. having at the same time an iron
by the defendant, as defendant fell
from the effects of the blow. / am
not unmindful OF the fact that the
state has placed in evidence an adj
mission by the defendant that he saw
nothing in Redmon's hand, but in law
admissions are the weakest kind OF
evidence and always susceptible OF
explanation In every criminal case
| the defendant is entitled to the bene-
fit of every reasonable doubt. This
rule applies alike to the Interpretation
| Of the facts and the law.
| Under the state of facts / deem
It my duty to direct verdict in
favor OF defendant. and I have not
arrived at this conclusion without
spending a restless night, yet I can
not see my way clear to do differ
entity
Everett Garrison was directed to
sign as foreman, verdict of not guilty,
which was done and Tucker was dis
charged and bond exonerated