The Oskaloosa herald., 1914-02-26
Inv THE DISTRICT COURT
Dispositions of Various Matters by
Judge and Jury.

! The jury in the Chattie l.. Nicola
murder trial. after twenty-four hour;
of elaboration, returned a verdict a
1925 O'Clock Saturday night finding
the defendant guilty of manslaughter
The penalty for the crime of man
! slaughter is fixed by the Code of Iowa
at term of not TO exceed eight years
in the penitentiary and fine of not
! TO exceed $1,000. Judge Talbot
granted attorneys for the defendant
until Friday, Feb. 81, to file and pre-
sent motion for new trial. Should
the motion be Uverruled by the court
lit is probable that sentence will be
pronounced on the same day. Attor'
neys H. B. Mccoy and +. 7. Nash for
the defendant stated this morning
that a motion for new trial would
be submitted to Judge Talbot Friday.
The jury in the Nicola case return
ed verdict in exactly twenty-four
hours after they retired. They re-
ceived the instructions of the court
and retired to the jury room at SIS
O'Clock Friday evening and at 500
Saturday night they announced that
they had reached a verdict. The bal
loting of the jury stood s to 4 for
conviction until nearly six O'Clock on
Saturday night when two of the mi
nority came over. At eight o'clock a
decision was reached but ii is said
that the verdict was a compromise
between the two sides, the majority
wanting conviction OF a higher degree
and the minority standing out for ac-
quittal.. The verdict OF the jury was
read by Deputy Clerk Frank w.
Wright with the defendant. attorneys,
and several spectators present in the
court room. A poll Of the jury was
demanded by attorneys for the de-
PENDANT and the verdict was read
twelve more times while each of the
jurors replied in the affirmative when
asked if it was his verdict. Nicola
remains confined in the county Jail
until the motion for new trial is
acted upon or sentence pronounced.
Should the motion be overruled and
sentence pronounced the defendant
still has resource to an appeal to the
court of the state.
Nicola was indicted for the murder
Of his father, William Nicola, at tho
family home on Second avenue east
Ill NAL Gu. 1910. ne Ultu vas SHOl
twice with bullets from a 32-calibTe
revolver and both shots took effect,
lne striking him in the back OF the
head and the other near the left tem-
pie. He died almost instantly. Fol-
owing the tragedy, the defendant
walked to the city police station and
gave himself up to the officers. The
iefense put up was that the defend
INT had acted in defense OF his moth
sT. whom it was claimed had been
threatened by the deceased on num-
srOus occasions. Various seeming in
in the story told by wit
lesses for the defense with physical
acts sworn to by those who arrived
It the Nicola home shortly after the
were used by attorneys for
the state in support of their allega-
motive for the homicide. The case
had been tried at the December term
Of court but the jury was unable to
each a verdict.
Court was scheduled to convene at
|: 30 o'clock this afternoon and the
next case on the criminal assignment
IS that of State VS.. Mark BOswOrth.
Phe defendant was indicted for. ma
icious injury to chattels" and the al
eyed acts are claimed to have been
committed during the street car
strike riot last November. There
ire seven other defendants under in
lictment for participation in the riot
ing and their cases are set for trial