Norwich bulletin., 1920-10-23
GUILTY OF MANSLAUGHTER;; MRS. KENYON
 IS SENTENCED TO FROM 10 ID 15 YEARS

'ible verdicts, viz: not guilty, guilty of trst or second degree murder or guilty l )f manslaughter. He explained the ap- ! )licatien of --1afice and that first degree | murder must be wilful deliberate and l premeditated, while second degree mur- | der was without these clements. He ex- plained the statute as to evidence es- tablished by two witnesses or their equiv alent. He took up the crime of man slaughter, defining it as unlawful killing without malice and that it migkt be either voluntary or involuntary. If when 8 person were committing an unlawful act, homicide should ensue he would be guilty of manslaughter and suicide is an unlawful act so that homicide ensu ing from an attempt to commit suicide would be manslaughter Dr. Tetlow would have a right, said Judge Hinman. to prevent the accused from attempting to commit suicide and if the pistol were discharged it would be manslaughter and not excusable homicide But it is inn portant to consider whether she was en- gagged in an attempt to commit suicide. There is distinction between intent and attempt in the law, one being of the mind and the other implying some ef- | fort. The jury. he said, was to recall the 1 testimony of the accused and determine l from the facts whether they were such
 
 tempt at suicide.
 1 The issues in the ease are simple They relate principally to the intent with which ! the accused went into the room ana wha t occurred afterwards. The state claims malice and intent through the feelings of 1 the accused towards Dr. Tetlow and the l shooting in such 8 manner as to pre- clude the claims to a struggle The de fense claims that the acts did not I Q &a l or an illegal act and that this is an OK | cusable homicide and so the accused is entitled to verdict of not guilty It is | Tor the jury to remember the evidence and determine where the truth rests.
 Judge Hinman gave an illustration ot 1 what circumstantial evidence is and of the effect of inconsistent statements and 1 of the fact that the state is not obliged to show motive. much less an adeuuat, 1 motive but evidence on this point is l often an important factor to determine 1 innocence or guilt.
 He touched upon the credibility of wit nesses in which quality and not quan tity are to be weighed along with ar interest or motive which might lead then to testify falsely. The value of gooC reputation was also treated of with tn, concluding statement that in a close cas- good reputa ton might be enough to rais reasonable doubt.
 The sta;, does not desire the conviction of an innocent person. said Judge Hin man, but is concerned with the convic fon of those proved guilty beyond | reasonable doubt. The law is to protec the innocent and not the guilty. If ther l should be arg doubt in the minds of tn jury as to the degree of guilt they shoul give the accused the benefit of the doubt
 They should leave sympathy and senti l fran ing at decision, and give a sound, soh CT and honest judgment and do noth ing which their paths as jurors woul @ot justify.
 Jury Retires With Exhibits.
 The jurymen retired to their room wit the exhibits which included the maps C
 the locality of the Tetlow and Kenyo houses, Dr. Tetlows coat, shirt, trou- I 1 CTS and other clothing, the chair with tn bullet hole through the back, the r.
 %olver, the bullets, the piece of clot E with which Deputy Sheriff Stanton teste
 the distance for powder burns, the lett,
 sent from jail by Mrs Kenyon, the po j tai cards sent her by Dr. Tetlow and II
 blue gingham apron she wore on the da of the tragedy.
 Messages of Sympathy. T Before court opened Friday mornin . Mrs. Kenyon received telegram. a DO
 tai card and a letter of sympathy.
 The telegram was from Joseph s Pc [, | ry, 153 West 42nd street, New Tor l. saying that the writer had the same e. Il perience under similar circumstances
 Rochester one year ago. and he hopt IT she would come safely through. e The postal card was from Boston ar 2 bore the following couplets without si Q nature: V May your future be the brightest = May your. trials be the lightest V Time and life bestow.
 z May you receive from heavek - Joys as many as given
 n Anyone to know. f The letter offered religious consol S tion from woman missionary. Jenr NJ MacFarlane, 106 Oakland avenue, M
 thuen, Mass.