The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1920-02-13
B0STIG WILL NOT HAVE TO STAND
NEUTRALITY-SUSPICIOUS.
State Satisfied With the Second Degree Verdict Which
Was Rendered in the Case in Which Bostic Was
Tried for Murder of His Wife.

Last night, at 9:SO o'clock ver-
dict In the case of Nick Bostic on
trial for killing his wife and her lover
was handed in by the jury as fol-
lows: ewe, the jury, find the defend
ant Nick Bostic, guilty of murder in
the second degree"
Bostic received the sentence with
but visible emotion. 1t was thought
by spectators who watched the man
throughout the trial that the verdict
was not unexpected as during the tes-
timony of certain states witnesses
every indication pointed to Bostic's
guilt. Even the final addresses to
the jury made by Attorney Neely for
the defense and Attorneys Shaw and
Miller for the prosecution failed to
make much impression upon the jury
According to those who read faces with
fair accuracy.
The fact that little Julia. seven
year old child Of Bostic testified that
her mother did not leave her chail
in the Spadafore home at the time
Spadafore was shot and further tes-
tifying that lher father turned his gun
ON Spadafore and then on his wife.
was almost conclusive evidence for
j the jury. in spite of witnesses testify
ing in favor of Bostic. 1t was not
brought out by any witnesses but
Bostic Simselfsthat the dead woman
left that chair to defend her lover.
coming TO her death through accident.
LAWYERS discussing the matter out.
side Of court remarked that 1t was.
scarcely doubted by anyose who had
fairly authentic Information on the
matter that Bostic shot Spadafore in
self defense and rage combined and
that before his temper cooled and al.
most out OF his wits with fright and
anger he had turned the automatic.
revolver on Seraphina. his wife, the
entire tragedy occurring almost in a
breath. Bostic made serious mistake
during the trial in exhibiting anger
to such marked degree. He also COM
mitted still more serious offense, &C.
cording to current opinion, when he
repeated strongly before a packed
courtroom and suspicious jury that
if he had machine gun he would
|, probably be firing yet. The remark
was greeted with shouts and applause
vt II failed to have the effect on tho
jury intended.
Judge Lowe said this morning that
no further trial would be had on the
second Indictment as to the shooting
Of Spadafore. Not until Bostic has
served sentence anyway" Judge
Lowe said. "And then probably nev-
err
Assistant Prosecuting Attorney Mil
ier. who has made excellent showing
in his manner of handling the states
side, said today. mo. we shan't call
Bostic for another trial. AS matters
4tand Mic Bostlc has addressed a
crowded courtroom of spectators and
a iuryfor the last time in many years.
The verdict brought by the jury of
second degree murder carries with 1t
an imprisonment of from five 10
eighteen years and Judge Lowe will
probably pass sentence before the
wind-up Of criminal court which is
said to be nearing completion. At
torhey Nicely will make a motion to
set aside the verdict and Judge Lowe
asked that he do this sometime be.
fore tomorrow, following which SEN
tence will be passed.
Following the jury's decision yester.
day evening guard of deputies es-
corted the jurors to either their homes
or 10 their cars.
All evidence was in yesterday by
lafternon and all addresses to the jury
Were finished at seven O'Clock last
a 1T