Omaha daily bee., 1919-07-20
EMERSON CALM
WHEN he HEARS
VERDICT GUILTY
Creston Undertaken Convicted
of Murder in Second De-
gree Jury De|iberates
Sixteen Hours.

Mt. Ayr, Ia. July l9.-(Specia
Telegram. )-After celebrating II
hours and 20 minutes, the jury il
the case of Roy Emerson, Crestor
undertaken, on trial for the murder
of hi. mother, returned a verdict
of murder in the second degree al
1910 a. m. today.
The jury's verdict signed by Bert
Perkins, foreman, read: I'VE, the
jury, find the defendant guilty Of
murder in the second degree"
| Emerson flinched slightly when
the verdict was read but instantly
regained his composure and sat with
the calm indifference that has
marked his actions since the trial
started. Sentence was suspended
pending the three to five days grace
granted under the law for the at
torneys for the defense to file mo-
ton for a new trial.
| The Iowa laws provide that in
cases of conviction for second de-
gree murder the sentence shall be
from 20 years to life Imprisonment
in the state penitentiary. 1t is in
cumbent upon the presiding judge
to give the maximum sentence
which may be reduced by the state
pardon board.
Body Badly Mutilated.
Mrs. Kate Emerson, mother of the
defendent, was found dead in the
bottom of an elevator shaft in the
Emerson undertaking establishment
in Creston, May E. Her body was
badly mangled and mutilated. Both
legs were broken, her lips were cut,
one eye discolored and her arm bore
four marks on the front and one on
the back as il she had been tightly
gripped by someone.
At first it was generally consider
ed that Mrs. Emerson had commit
ted suicide. Discovery of blood
spots near the shaft, an iron brace
with red stains on it and other evil
dence, led, however, to the arrest
of her son, Roy Emerson, on a
charge of mul Ter. The coroner's
! Jury returned an open verdict OF
murder at the hands of someone
unknown" but a special session OF
the grand jury was called and Roy
Emerson indicted. He was then
held in jail at Creston without bail,
the trial being set for June so. A
change of venue was granted, how
ever, and Emerson went on trial at
Mt. Ayr, Ringgold county, July 8.
Great Legal Battle.
The trial marked one of the great
est legal battles the state has ever
witnessed. Armed only with Cir
cumstantial evidence, the state left
nothing undone to convict Emerson.
Emerson, maintaining his innocence
at all times, obtained several of the
leading lawyers of the state to de-
fend him and made arrangements to
sell his estate, valued at $4,000 to
pay for his defense.
The state took eight days in pre-
senting its case, one day, however,
being devoted to a trip to Creston
so that the jury could inspect at
first hand the place where Mrs. En-
erson's body was found. In its ar
gument the state contended that
Emerson carefully prepared to muir
der his mother, giving as the motive
his desire to control the family es-
tate, and producing testimony to
show that he had threatened her
with violence and frequently quar-
relied with her over money matters
The states evidence showed that
an iron brace was found near the
shaft with red stains on it; that Mrs.
Emerson apparently had been beat
en- and then thrown into the elevator
shaft. Blood spots were found or
the walls of the shaft and on the
floor of the room it is in. A bloody
rag was found in the room, also
witnesses said. Other witnesses
said Roy Emerson sent suit to
cleaner the day after the finding Of
his mothers body, and that it was
damp in spots, as if someone had
tried to clean out the spots.
The state also commended that En-
erson had repeatedly said previous
to his mothers death that she
planned suicide, maintaining that
this was done to remove suspicion
from himself. The top of Mrs. En-
erson's skull was introduced as evil
dence and an attempt made to fit
the iron brace into the dent in it.
This demonstration was barred from
the testimony.
The defense maintained that Mrs.
Emerson committed suicide, produc-
ing some Is witnesses, most of
whom testified she had said she
planned suicide and was frequently
melancholy. The defense also scored
point when chemist refused to
say the stains on the iron brace
with which the state contends En-
erson killed his mother, were blood.
An adequate test could not be made,
it was said.
The defense accounted for blood
spots on the walls of the shaft and
floor and on Emerson's clothes and
the bloody rag by saying they were
only natural in an undertaking es-
Enlistment. 1t introduced testi-
mony that Emerson was deeply
shocked at his mothers death and
accounted for his actions up to 5
o'clock the afternoon of her death.
The verdict was rendered by a
jury which was composed of nine
farmers, one timer. one live stock
dealer and one salesman.
6,220 Divorces Granted