Weekly journal-miner., 1917-09-26
ACQU|TTAL FOR p. HERMAN IN
 MURDER CASE
SLAYER Or O. A. DAAGS AT JEROME IS FREED BY JURY IN SUPERIOR COURT AFTER DELIBERA- TON OF HALF HOUR.
(From Wednesdays Daily.)


 in the Superior court at 9 o'clock last night, after the jury had been out for a period of 30 minutes, and after two ballots had been taken. The first ballot stood 9 to } for acquittal and .he second resulted in all being in favor of the defendants release.
 The case was placed in the hands of the jury following lengthy argu- ments by both the States attorneys and the counsel for the defense. Fol lowing the instruction of Judge Smith the jurymen retired at about S:3O.
 To those who had attended all oi the sessions of the trial, the verdict was in no way surprise, as it had been conclusively proven that Daags, the victim, had made repeated threats against the life of Kiernan, and had spent much of his time just prior to his death in following kicrnan about town with the expressed intentions of cunning" him for the latter's alleged intimacy with Mrs. Daags.
 It was brought out in the trial that Daags had been of quarrelsome dis position, and had been 'foated" out of Jerome on at least one occasion as 9 vagrant, and because he persisted in carrying a six-shooter wherever he went. As to the charges which Daags had made against Kicrnan regarding .he latter's conduct with Mrs. Daags, no evidence was introduced to prove that they were true, and it was as sumed that Daags had been mistaken in believing that Kiernan had been intimate with Mrs. Daags.
 The examination of witnesses was ended at about 1 o'clock in the after noon, and during the day a large number of men were called to the stand by the defense. Most of the witnesses testified to the fact that the defendant had been living in fear of his life, owing to the repeated threats of Daags to get" Kiernan, because of the latter's alleged intimacy with Mrs. Daags. 4 number of witnesses were also called on to testify to the fact that Kiernan had always borne good reputation as a law-abiding citi- zen prior to the date of the killing.
 Argument Begins.
 Attorney ]. H. Morgan opened the argument to the jury in behalf of the defendant. He reviewed the testi- mony which had been given during .he course of the trial, and asked the jury to bring in a verdict of acquittal in view of the fact that Daags had made so many threats to kill the de- fendant. He told of the finding of a large piece of lead, whittled into the shape of a cigar, which was found in the hand of the dead man after the shooting. He told the jury that Daags had pulled the piece of lead from his pocket few seconds before Ee was shot, and that Kiernan in all probability mistook the leaden object .or a gun, and fired at his victim only because he believed that the latter had revolver and was about to open Ere on him. He also stated to the jury that in all probability the State would make much of the fact that Kiernan had fired so many shots into the body of his victim, and asked the jury to consider the fact that when an automatic gun is used, it IS some times rather hard to stop firing after the first shot has apparently accom-. rlished the ends which the owner of the gun had in mind when he opened fire. The jury was also asked to con- sider the fact that testimony had brought out that after the first shot lad been fired into Daags' body, the wounded man threw up his right arm, and still holding the leaden missile in his hand so as to cause Kiernan to believe that he held gun in his hand and had created an impression in the mind of the defendant that if he did rot kill Daags. Daags would kill him. Summed up, the statement of the de- fendant's attorneys was that Kiernan had shot the man only as last re- sort, and because he actually believed his life to be in danger.
 The arguments put forth by the States representatives occupied scv. eral hours time, and an attempt was made to show that Daags had been shot down in cold blood and in pre- meditatcd manner. The States argu- mcnts closed at about 8 o'clock, and the somewhat lengthy instructions of the court were presented to the jury, following which the men retired to