Evening capital news. (Boise, Idaho) 1901-1927, 1917-11-24
dan ruth FOUND
GUILTY OF SECOND
DEGREE MURDER
Washington County Jury
Reaches Compromise Yer
dict After Deiberating for
18 Hours.
Capital News Special service.)

Weiser, Nov. 24.-Dan Ruth, defend
ant in one of the most sensational
murder trials conducted in Idaho, was
the slayer of his cousin, Thomas Cav
anagh, the Yale graduate, who was
brutally killed in the cabin on his
ranch. for the jury Friday afternoon,
after 20 hours of deliberation, found
him guilty of murder in the second de-
gree. At the request of his counsel,
Judge Smith postponed pronouncing
sentence for 10 days.
VERDICT SHAKES RUTH.
For the first time since the trial
opened Smiling Dan," as the defend
ant is familiarly known, appeared
thoroughly shaken. When the fateful
verdict was read he turned pale and
with some difficulty braced himself to
meet the judgment. There was no
demonstration in the courtroom. Deep
silence accompanied the announcement
that the jury was ready to report, and
when the II tried and true jurors filed
into the chamber, there was an air of
suspense apparent among those pres
ent.
Uneasily the defendant, his relat-
tives and friends, scanned the faces OF
the jurors hoping for some silent COM
munication indicating that their YER
| dict was favorable. 1t was apparent
that the jury's findings were not what
! had been hoped by them. When the
words guilty of murder in the second
degree" fell from the lips Of the clerk
who received the verdict from the
| foreman, the silence in the courtroom
| continued. All eyes were rivited on
Ruth. He appeared for the first time
| to realize the seriousness of his situ-
alton, turned deadly pale and while, he
did not break down, 1t was apparent
| that he was shaken. When Judge
! Smith announced he would pronounce
sentence in 10 days, Ruth was es-
corted by the sheriff from the court
room. As he passed his aged mother,
he bent one long earnest look into her
eyes. She outwardly gave no indica-
tion of the effect the verdict had on
her.
COMPROMISE VERDICT.
The impression seems to prevail here
that the jury reached compromise,
some of them having stood out for a
verdict OF first degree murder and
others for a more modified verdict. The
jury went out Thursday afternoon and
deliberated until 320 o'clock Friday
afternoon when 1t came in with a YER
dict. The form Of the verdict was as
follows:
1--WE, the jury in the above entitled
case find the defendant guilty OF MUIR
der in the second degree"
The jury did not recommend a judg-
J ment. However. the law sets the max
imum at % years at hard labor in the
state penitentiary and 1t Is likely thai
Ruth will be given long indeterminate
sentence.
MAY TAKE AN APPEAL.
1t Is understood that the stay of SEN
tence was requested in order to give
the defense time in which to perfect
an appeal. Attorney Nichols OF Baker
Ore who defended Ruth, is one of the
most prominent barristers in Oregon
and may decide to fight the cas'
through the courts Of the state. HI
made an eloquent and forceful plea t.
the jury not to convict the defenden
on circumstantial evidence alone. Hi
i address covered a period OF two anc
$ one half hours and held the undivided
attention of the jury and a packed
V courtroom. 1t was dramatic in tn
extreme
BELIEVE RUTH WAS TOOL.
There has been current in this par
q Of the state ever since the finding o
y the mutilated body of Cavahagh tina
Il ~ 80,