Evening journal., 1914-09-21
WOMAN WEEPS AS.
SENDS HER.
TO PRISON CELL.

The opening of the September term
of the County Courts this morning
was marked by a pathetic incident.
Mrs. Elizabeth l. Mckinney was call
ed before the Court of Oyer and
Terminer and sentenced to be inn
prisoned one year and to pay S4OO
fine for manslaughter, she having
been convicted last term. She shot
and killed Delaware Reed In the yard
OF his home at Glasgow. following a
quarrel
Her attorney, J. Frank Ball. ap-
pealed 10 the Court at the last term
to have his client paroled. but the
Court this morning declared il could
not, under the circumstances, grant
the request
The Court then sentenced Mrs. Nc
Kinney to serve one year in the New
Castle County Workhouse and to pay
fine of $400. Mrs. Mckinney was
led from the room by Warden Craw-
ford, sobbing violently.
In sentencing Mrs. Mckinney, Chief
Justice Pennewill, for the court, said:
This has been to the court very
distressing case. We strongly SYM
pathize with the defendant in her
trouble, and have nothing but pity
, for her children. In this, as in many
other cases, the weak and innocent
must suffer for the acts Of the guilty.
1t is not an exceptional or uncommon
case in that regard.
Undoubtedly the prisoner had
great provocation for her act, and we
would not have been surprised II the
verdict had been different from what
II was. Certainly II would have been
easy, in the exercise Of mercy, to let
the prisoner 90 free. But such action
would perhaps have been based more
upon sympathy than strictly upon the
evidence and the law.
"The prisoner has had fair trial
and an able defense. No counsel could
possibly have done more for his client,
Mrs. Mckinney, than your counsel has
done for you. He has been Jealous,
alert and persistent from the beginning
to the end. In no respect has he failed
to do his full duty at every stage of the
case
"But, notwithstanding all his efforts,
and a great deal of sympathy for you,
the jury found you guilty. of manslaugh-
ter The meaning of that verdict is,
that no matter how great your provoca-
tion was it was not sufficient TO justify
or excuse the taking of human life.
II means that the fatal act was not
committed in self defense but against
the law This verdict we have no right
TO disregard, no matter what our per-
sonal feelings may be. And we are not
| prepared to say the verdict was an inn
proper one under the evidence and the
law.
"1he Jury which decided your case
was composed of unusually good men,
and presumably they felt as much sym
pathy for you as others felt But in
the faithful discharge of their duties,
| painful as it must have been, they
found you guilty.
when such a jury is able to over
come their feeling of compassion in
case like this. and render a verdict
which they conscientiously believe is
warranted by the evidence, the feel
ing is strong with the court that the
| jury should be commended and their
verdict properly sustained
1--WE are now asked to probate or
parole the prisoner. which means that
she shall not be punished at ALL This
application has been strongly and
Attlhsiy pftSstu upon lne court, ana
even the jury that tried the case have,
with one exception, Joined in this re-
quest. We wish to say in this con-
nection that when the jury rendered
their verdict in a criminal case their
duty ends. and the law determines,
within certain limitations, what the
/ punishment shall be We question
that the jury in any case, after the
verdict is rendered. should be request
ed to nullify their action by asking
the court to discharge the prisoner
on sympathetic grounds. Such a re-
quest is very difficult for the jury
to refuse. because IL is nothing else
Continued on Page Eight.