El Paso herald. (El Paso, Tex.) 1901-1931, 1918-09-21
MRS. MAUD CASE
IS ACQUITTED
Jury Deliberates Only so
Minutes on Charge Of
Numbering Husband.

Santa Fe. n. II. sept 21.-'Not
guilty" was the verdict in the case
Of the state Of New Mexico against
.lrs. 9laude r.. case. charged with
killing her husband. Ray Harlan Case
with q shotgun at their apartment on
February o. The jury brought in the
verdict last night, following a delib-
Grafton Of one hour and half
Verdict Is Cheered.
The announcement Of the verdict
was greeted with cheers and by a
demonstration rarely witnessed be-
fore in the county courthouse in TINS
M-s. case almost collapsed as the
verdict was announced Recovering
herself. she shook hands with every
one OF the jury and they. with many
friends and acquaintance over
Whcltued her with congratulations
Death by Homicide.
The verdict acquitted Mrs. Case. OF
the charge Of murder in the second
decree. or voluntary manslaughter-
The verdict Of not guilty means. in
this case. that r. H. cases death was
neither murder nor manslaughter. hut
homicide. as counsel for the defence
reDea teflE referred 20 be. Homicide,
1rdEe Hnloman explained in his
charge. iS the term used for justifi-
nay occur in an attempt 10 resist the
murder Of q person
The case was given 20 the jury last
night at 10 o'clock after counsel for
The defence. including Tom Lea. Of Fl
Paso. and counsel for the state. head
- By district attorney J. Il. Crist, had
taken two hours each for argument.
The charge. by district Judge Hollo-
man. took an hour The court in
slructed the jury that Mrs Case could
not be convicted Of first degree muir
der that a verdict Of second degree
rE==Tder- voluntary or involuntary man
slaughter OF acquitta1 was permissible.
Not Obliged 10 Withdraw.
The court held that Mrs. Case had
a legal right 10 remain within her
home. DESPITE any threats by her hus-
hand. iuasmuch as the Case home was
as much hers as his, and that she
vas not required under the law TO
retreat when such retreat might in
required prompt action. The court
held that If the jurors were convinced
that Mrs case. when. as she swore.
case CHALLENGED her TO a duel faced
zeal or apparent danger, she had a
right 20 stand there and defend her
SELF
Judge HoIIoman pointed out that
the real issue Of the self defence plea.
which also alleged accidental shoot
ilE was whether ~ the time Of the
shooting the defendant believed. and
had grounds TO believe. that she was
court declared Il was not necessary TO
establish that she was in actual dan
ger
Defence Alleges Insanity.
q the alleged insanity OF Case. seek
lng 10 make a showing that he was
e dangerous uaranolac.
Witnesses called yesterday TO tes- Z
rifT regarding Cases mental c0ndi-
riou included Dr. Nassie Of santa Fee +
A. r. Hoffman Of DeminE. and Paul
Case brother Of the deceased
The state put on Guthrie smith. Fl. 4
s. Bowman Frank St1plin and other
friends Of Case, who testified their
BELIEF that be was Of sound mind
Sometimes Gentle. Sometimes Raging. /.
lIrs- Case had testified that while .
a. times her husband was gentle and I
loving. 81 others he was like a raging I
maniac threatening 10 Kill her, chal- I
lenging her TO duels.s and abusing her
verbally and Otherwise; that he had I
threatened 10 XIII one Of her sons and /
was Jealous Of all her family. She
said he was in one OF these wild RACES \
The day be was killed; that he ordered +
her 10 get gun 20 defend herself.
and when. nearly craZed with fright
she did So be threw himself on the
bed apparently 10 secure a weapon
Escreted there- Other witnesses had
said the pistol or revolver was found
within a few inches Of Cases hand [.
after he was shot Mrs. Case testified Z.
tle gun went off while she was hold
Ing ir, she did not know how.
According 20 Mrs. Case. her husband
either was. OF believed himself 20 be,
Subject 10 various maladies for which
be sought treatment She said that
on the day Of his death she had vain
lv tried 10 soothe his rage.