The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-12-08
COURT ROOM CROWD
CHEERS THE VERDICT
He Thanks Counsel, Friends
and Shakes Hands With
Men Who Freed Him.
THREE BALLOTS TAKEN
Five of Twelve Men Voted for
Conviction Of First Ballot,
Then Yielded.

Oh JOScpn, MO-, Dec. 0.-AttCr one
OF the most sensational trials i'm thu
criminal history of st. Joseph, Oscar
ID. Mcdaniel, prosecuting attorney OF
Buchanan County, was acquitted early
this evening of the charge of having
beaten his wife to death.
The jury reached its verdict after
celebrating one hour and fifteen min
utcS. Mcdaniel, who was at home
when the jury announced that it was
ready 20 report, hurried to the Court
house in an automobile, and was seat
Cd beside his attorneys when the jur-
ors filed into the room.
There was a slight demonstration
which was promptly squclched by the
court. Mcdaniel sat motionless as the
foreman of the jury announced: I'VE,
the jury, find the defendant not gull
ty."
Mcdaniel and his attorneys faced
each other and then shook hands hearth
~. The prosecuting attorneys friends,
who were seated in the rear of the
courtroom, rushed to the front of the
building to congratulate the acquitted
official He smiled and thanked each
one. Mcdaniel then shook hands with
each member of the jury and express
cd his gratitude.
There was no other verdict" he
said. 1T was a case o. unparalleled
persecution. My enemies took advan-
tage of my calamity to attempt to de-
strOy me. They introduced testimony
that had no foundation in their efforts
to convict me Of crime, that was
committed by criminals whom
prosecuted"
He walked out of the courtroom
with crowd of friends following. He
entered an automobile with his attor-
ncys and was driven to his home,
where the members of his family, who
had been notified of the verdict, wait
ed to receive him.
1t was announced tonight by men,
Der of the jury that three ballots were
taken before the agreement was reach
ed. On the first vote, seven members
were for acquittal and five for con-
viction. Ten voted for acquittal on
the second ballot and the twelve men
were unanimous for generating Nc
Daniel on the third vote.
John T. Barker, Acknowledgement of
Missouri, for the State, this afternoon
closed the argument before the jury
Following Bankers address the case
was given to the jury. Judge c. +.
Strop, McDaniels chief counsel, fin
ished his argument this morning. A
large crowd attended the last days
session of the trial.
81 came here unknown to you men,
and when your verdict is rendered L
may go away, never again to see you
on this earth again. There is no word
nor act have spoken OF done but that
| believe is honest and fair and patrl-
otto TO my country" said Barker.
"When | came here, gentlemen, eX-
pccted to find prosecuting attorney
who would come and lay bare his
troubles to me. 1t was the Attorney
General and he was your prosecuting
attorney. | expected, if he were lnno-
cent. to see him come to me and tell
me all, so we might try him honestly
and openly.
"But when came here | found the
scene and plot all set. l found the
background and the stage prepared
They were all fixed. had no co-opera-
tion. | found this defendant playing
the same game as all criminals play
There was nothing left out. 1t was
as every common felon would set the
stage" :.
As the Acknowledgement got into his
talk his voice trembled and he stepped
closer TO the jury. As he told the story
of the murder, he crouched and his
voice broke and he whispered to the
jury.
81 found this defendant sitting here
dav after day beside all his people
the same old criminal game. ! founc
him sitting here, his little children OF
his lap-the same old game. ! touno
him trying to bring sympathy to nm
self from this jury behind the headS
of those sweet little children-the chill
dren that are now motherless as re-
suit of that awful crime for whlcf
their father is on trial"
Barker declared Mcdaniel had o"llt