Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-05-11
JUDGE EDWARDS lNSTRUCTS
JURY TO ACQUlT WOMAN ON
CHARGE OF 5lGAMY.
HELD TO BE LEGAL
WIFE OF 6ERThELSoN
Marriage to Clampit Shown to Have
Been Illegal Because ciampit Had
Not Been Divorced-Mrs. Berthelson
Still in Custody and Will Be Tried
For Conspiracy.

Mason City. May 1.-THE final
chapter in the bigamy case against
Edith CIampit Berthelson was writ
| ten yesterday afternoon when Judge
| Edwards instructed the jury to return
! verdict of not guilty in favor of the
defendant
When the judge instructed the jury
to return a verdict in favor of the de-
PENDANT, Mrs. Berthelson, who has
been under the strain resulting from
the trial and her arrest seven weeks
ago. broke down and wept No demon
strar!on was made when the Judge or
dered the jury TO return the verdict in
favor of the defendant
Most OF the time during the morn
ing session was spent in debating on
points of law. The motion for the d.
rec,ion of a verdict for the defense
was made after the Judge had allowed
the certificates from the Oklahoma
courts 10 be used as exhibits in this
case.
The state objected TO the motion on
the ground that there was not enough
evidence introduced to prove Clamp
had been married to Agnes kissinger.
They tried to show that the decree
had been set aside by the divorce.
Counsel for the defense alleged that
the testimony OF Clampit and his sis
ter was enough 10 prove that he was
legally married TO Agnes Kissinger.
Instructed Verdict.
Al the afternoon session the judge
ha he urn,.lI
instruct the jury to return verdict OF
not guilty on grounds that the mar
rage OF Mrs Edith Ciampit- Berthelson
was void because At the time of her
marriage 70 Clampit he was sim the
lawful husband Of his hrst Wife The
jury was brought into the court room
and the members were instructed TO
return a verdict Of not guilty, Fore
man Brown signing the verdict.
One exhibit which was submitted by
the counsel for the defendant Vednes-
day afternoon. was rejected by the
Judge at the morning session yester-
day. The exhibit was a decreo} OF d.
vorce which .as granted in the Okla
homa courts
The motion for the judge 10 instruct
the jury 70 render verdict in favor
OF the defendant was submitted by ].
{. Robinson and seven reasons were
given why the motion should be grant
ed Mr.. Robinson sad that e. the
time OF the defendants marriage to
Berthelson she had no living husband
The other reasons were Of minor I'm
po-tance.
Mrs. eerthelson Still Held.
Mrs Bertheison, who is still the ie-
gal wife OF Chris Berthelson, Of Clear
Lake. Is held on the charge Of CON
spiracr and will be tried at the fall
term Of court CIamplt who was sup
posed 10 have been her former nus
band is also being held on the same
charge, but has been released on $500
bond
The bond for Mrs. Berthelson was
sxed 3: $500 ard i Is thought that her
bond will be furnished by Mr.. Hunt
er n Indianapolis, who is friend Of
Mrs. Bsrthelsons family. Last night
her bond had no. been arranged and
she was stiil in custody.
Clsnpit Case Dismissed.
The bigamy case against Charles Z.
Clamp!t was dismissed By the state
after the case Of Mrs Berthelson was
concluded However ne e stiH held
on the conspiracy charge OF Mrs. Der
thelson.
Mrs Charles Hashter. sister OF
CIampit who had been attending the
trial and who testified 10 the fact that
he vas married 20 Agnes Kissingsr.
'et. the city yesterday for her nome In
Jacksonville. HI Mrs. Clampit. mother
If Charles z. Clamp.t, who has been
attending the trial with her son and
daughter. will leave today for Jackson
vile, accompanied by her son