The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-12-13
PENNINGTON IS
GUILTY.; SENTENCE
FIVE YEARS IN
STATES PRISON
Especial to The Forum.l

Bismarck, N. D.. Dec. 13.-After
fiye hours deliberations, the Jury
this afternoon found CeviI Penning-
ton guilty of manslaughter in the
first degree and fixed the penalty at
five years imprisonment Penning-
ton was indicted for murder in the
first degree by the Emmons county
grand jury that investigated the
death Of Mrs. e. L. Perras. OF Hazel
ton. in wheat riots on the night Of
June 6. Five other principal defen-
dants indicted for rioting were
acquitted earlier this week,
bismarck. N. D., Dec. 13.-The Jury
In the Cecil Pennington case went
out at $3.50 o'clock and had made no
report at $3.50 o'clock this afternoon.
bennington is accused OF numbering
Mrs. e. l.. Perras at HazeIton, N. d.
@5rainstorn1" Defense.
The "brain storm" defense for Pen
ntngton was disclosed when he took
the stand in his own behalf.
Pennington, under direct examina-
ton, revealed mind which was a
blank on all occurrences of that
night. He could not recall the as
sembling OF the alleged mob. He
could not remember having seen r.
j. Babcock. Charles Armstrona,
Harry Ellithorpe or Louis TorkeIson.
four OF the five defendants Just
acquitted on charges of rioting and
unlawful assembly, and whom the
state had charged with having been
prime movers in the organization of
mob to scare" Wallie Dougherty.
son-in-law of the woman who was
killed.
On cross examination Pennington
admitted having seen Bert Hartman
on the night OF the murder and he
recalled that they had had something
Der where they got "the stuff"
Hurt in Runaway.
Under direct examination PEN
ntngton told OF injuries TO his skull
sustained in a runaway several
years ago. He exhibited to the jury
scars on his scalp and depressions
In his skull. He testified that from
the time Of this accident he has had
occasional periods OF mental abber-
rattons.
Expert On Stand.
Psychic epilepsy" the brain
malady which results in cases of
missing identity" and which cause
it's victims to automatically walk,
talk, eat and go through normal or
abnormal actions of which they
have no recollection when the at
tack has passed, was described by
DR.. Victor J. LaRose of Bismarck,
testifying as an expert witness.
Asked whether this form OF epile-
psy did not sometimes follow blow
on the head, DR.. LaRose replied that
head injuries were listed as one of
the causes. Psychic epilepsy is not
extraordinary; there are numerous
cases on record, said the witness. It
is epilepsy not fully developed to the
stage where 1t results in fits and
catalepsy. People subject to psychic
epilepsy may do things automatically
and have no knowledge or realiza-
ton of their actions later. Many
cases Of losses OF identity, where
man apparently normal, suddenly
loses himself, perhaps regaining
possession of his faculties days or
weeks later. in a distant part OF the
country, generally are attributed to
psychic epilepsy. It may come from
alcoholism, infectious or specific dis
eases; it may be hereditary, or it
may have resulted from head in
juries."
DR.. LaRose conducted the making
Va %~A6S VI
toms injuries, which he exhibited In
court, testifying that there was no
indication apparent that the brain
had been permanently affected.
bennington, resuming the stand,
identified John b. Brown, a news
paperman with whom he had talked
following his Imprisonment in the
county Jail here. He denied having
told Brown or O. W. Roberts, dis
trict food administrator, that ne
with EIlipthorpe. Babcock, TorkeIson
and others, surrounded the Perras
home, and that he encountered Mrs.
Perras, gave her a shove, and that
his revolver was accidentally dis
charged. Asked what he did tell, ne
said.
"Mr. Brown told me IT would ad-
vertise his paper and he would sell
lots more OF them if I gave him q
good story"
Attorney Sullivan: "And. OF course.
you wanted to help Mr.. Brown sell
his papers ?"
Pennington: eyes. sir. I did"