The Monett times., 1922-06-09
SwARTZEL ACQUITTED
OF MURDER CHARGE
Jury Returns Verdict after 80 Min
utes Deliberation. Unwritten
Law Feature.

was acquitted of charge Of the mur'
der of Ira C. Thomas, Verona mer'
chant, by jury in circuit court here
early tonight. The verdict was re-
turned at 7:30 o'clock, just thirty
minutes after the jurors were locked
in their council chamber.
The short deliberation in reaching
a decision came as a surprise to the
hundreds Of interested spectators, who
had followed the case through the
two days of the trial, and less than g
dozen persons were in the court room
when Judge Charles l.. Henson read
the verdict.
James Potter, prosecuting attorney
said tonight that he believes the ac-
quittal was the result of testimony by
Swartzel, his wife and daughter, who
injected the unwritten law into the
trial.
However, Judge Henson's instruc-
tons to the jury this afternoon were
what Swartzel's wife might have
told the defendant regarding intimate
relations with Thomas was not suf-
ficient to warrant an acquittal.
The instructions on that point were
that the wife's story of being assault
ed should be taken into consideration
because of the affect it might nave
had upon Swartze's mind in working
UP heated passion. He stated that
the law does nat take into considera-
ton such evidence as worthy of ac-
quittal but as minimizing the degree
of the offense. If the finding of the
jury along that line were that Swart-
eel committed the crime in the heat
of passion because of his wife's story
the judge said, the defendant should
be found guilty of second degree muir
der. The instructions covered first
and second degree murder and ac-
quittal. Judge Henson prepored an
instruction on manslaughter, but it
was not read because of objection by
the state.
The judges instructions were that
even if Thomas threatened Swart-
eel, as was alleged in the testimony
by the defense, it would not mitigrate
the crime.
The only instruction on acquitta!
was that the defendant should be re-
leased if the jury found, from the
evidence that Thomas had bad re-
putation, was quarrelsome, was con-
sidered and known as a "bad man"
and had made an attempt in his quar-
rel with Swartzel to kill the defend
ant, and that if the defendant had
those circumstances in mind at the
time of the killing.
Testimony today was largely con-
cerning the characters and reputa-
tions of the two men.
/. The defense also introduced testi-
mony TO show that Thomas was quar-
relsome, unfiendly, was hard to get
along with, and that Swartzel had al
good clean character and good re-
putation in his community.
The state offered testimony to show
that Thomas was of good character
and good standing in his community.
Testimony was completed this morn
ing and Judge Henson instructed the
jury at o'clock this afternoon Each
side was given two hours for argu-
ments. The case was completed at
6 o'clock and the jury was taken out
to dinner before beginning delibera-
tion at Z o'clock.
Thomas was shot and killed on the
afternoon of April 20 while standing
in front of his store at Verona, engag-
ed in conversation with Swartzel. He
was shot three times, twice in the
breast and once in the back.
The state attempted to show during
the trial that the first shot was in
the back and for that reason Thomas
could not have been reaching for his
revolver when Swartzel fired.
Persons who were near the scene
of the shooting at the time, and who
had seen Swartzel and Thomas con-
versing during the day, testified that
the men apparently were not quarrel
6ng but We're engaged IN friendly con-
versation.
Thomas was widely known in Law
renee county. Swartzel also is well
known having come from a pioneer
Barry county family.
Thomas leaves wife, two sons and
his daughter.
Mrs. w. E. Thompson of Spring
field, is visiting her parents Mr.. and