The New York herald., 1921-06-03
MURDER JURY HOLDS
BOYS FATE IN HANDS
Twelve Men Locked Up for
Night After Deliberating
Six Hours.
DOES NOT MEAN DEATH
Punishment Would Be at Dis
cretion Of the Judge, Says
States Attorney.
DOES NOT MEAN DEATH

KNOX, Ind, June 2.-The jury In the
case Of eleven-year-old Cecil Burkett,
charged with the murder Of Bennie
Slavin, his seven-year-old playmate,
was locked up at 9:45 o'clock tonight,
after having deliberated six hours
without reaching verdict. II ver-
dict is reached tonight 1t will be
sealed and delivered in court tomorrow
morning at o'clock.
Final arguments were presented by
the State and defence attorneys shortly
after the noon recess, and Judge WILL
lam Pentecost issued his Instructions to
the jury, finishing about $3.50 p. n.
a. @. Manning of Kokomo, special
prosecutor for the State In making his
final plea to the Jury declared the State
did not insist upon the death penalty
which might be imposed under the
charge of first degree murder against
Burkett He told the jury they could
return a verdict of manslaughter and
allow Judge Pentecost to fix the boy s
punishment. The same stand was also
taken by Prosecuting Attorney Dilts. In
his statement TO the jury Attorney w.
G.. Reed, in presenting the argument
for the defence. declared the evidence
against the Burkett boy was largely
circumstantial.
Should the boy be found guilty and
sentenced to confinement for period OF
years he would be sent to the Indiana
Boys School until he attained his ma
jority and then transferred 10 tho State
prison. in the opinion o. some law
authorities.
Just what would happen IL the lad
Il Iz.
offered a problem none would answer
because, 1t was pointed oYt. the case is
the first Of its kind In the history OF the
state. IL was the opinion a long drawn
out legal battle would result In case a
frs, degree murder verdict was returned
Alfred Burkett. years old. was adj
n1itted to the witness stand at the start
OF to-day's session to testify in defencs
OF his brother. Judge William G. Pente-
co>t oyerruled the states protest that
Alfred Is in the same grade at school
as Elsie Slavin, Bennic's six-year-old
sister. whom the Judge excluded from
tho stand yesterday because OF her
youth.
Alfred testified between tears and
sobs he was digging morning glory
bed while Cecil was carrying hay and
straw from the martin house in the
Burkett back yard at Ora. He said
Freddie Schermann. who testified yes
terday. was throwing the litter out of
the martin house, near which the little
rife had been propped against
pole. Alfred confirmed Cccirs story.
told yesterday. that the accused boy
while carrying refuse from thu martin
house stopped on his last trip at the
sound OF a shot. dropped his armful.
ran and picked up the gun and hurried
TO his kitchen door.
Cecil, during an hour OF questioning.
failed to change his assertion that the
shooting must have been accidental, as
he did not pull the trigger and was no.
near enough TO the rifle to cause II to
explode.
Despite the fact that the majority OF
witnesses were children OF around 10
years old. little trouble developed In the
examinations All fearlessly told their
stories and withstood cross-examlnation
without untoward nervousness. They
showed unusual interest In the entire
Much of their testimony has been con-
Trajectory. Freddie schermann. blond.
blue eyed youngster OF II years was
the principal witness for the state He
was recalled to-day TO repeat some tes-
timony given yesterday and some OF his
statements were I'm conflict with those
given to the court by Alfred Burkett.
Instructions TO the Jury included an in
junction by Judge Pentccost 10 take the
age OF the lad into consideration and de-
tcrmine II he was capable OF committing
the crime OF first degree murder as
charged in the Indictment