Evening star., 1923-01-20
JURY ACQU|TSF FIVE
OF HERR|N MURDER
Verdict Comes After 27
Hours Deliberation--AlibiS
Were Big Factor.
ACCUSED FACE NEW TRIAL
Spectators Dazed by Result of Long
Trial-Defense Lawyer
Jubilant.
BY the Associated Press.

BY the Associated Press.
MARION, H., January 20-Freed
of one charge of murder in eonnec-
tion with the Herrin coal mine riots
the five men who underwent a six
week trial for the alleged staying of
Howard Hoffman, one of twenty-one
massacre" victims, today faced a
new trial within few weeks on
charge of murder growing out of the
killing of Antonio Mukovich of Erie.
Pa. Prosecutors. announced they
would oppose release of the five on
bonds and they were returned to jail
after yesterdays acquittals.
Eight others were indicted with the
five whose first trial was concluded
yesterday In connection with Muko-
Nich's death. Those found not guilty
yesterday were: IeVa Mann, said by
witnesses for the state to have been
one of the firing squad who shot at
non union miners employed at the
Lester strip mine after they had
surrendered to mob and been
about the Herrtn cemetery; Joseph
Carnaghi. the only man said by state
witnesses to have fired at Hoffman, :
I'eter Hitler, alleged to have cut the
throat of a wounded victim; Bert
Grace, who was pointed out as hav-
. ing, pistol in hand, refused to permit
' byStanders to give water to wound
ed men, and Otis Clark.
Many Ballots Taken.
Hoffman was one of Seventy-six
non-union miners and guards en-
ployed at the mine, twenty-one of
whom were shot fatally last June Fl
and June %.
The verdict was received quietly
Ten minutes after the judge had
n Is. KI,.n 1,saA =
reached 4 verdict spect.tors, attor-
neyS, jurors and the defendants had
filed silently from the courtroom.
There was no demonstration on the
streets, where miners, farmers and
toWnspeople gathered and discussed
the verdict
The jurors generally refused TO
discuss their twenty-Seven hours de-
liberation. but some said from fifteen
to twenty ballots were taken. and
that alibis offered by the defense had
Influenced the verdict.
Angus ". Kerr, chief counsel for
the defense. asserted 'it was the only
righteous verdict which could have
been read" and expressed the hope
that 1t would result in Establishment
of the use of hired gunmen in con-
troversieS between capital and labor" "
State to Try Again.
DAVENPORT, Iowa, January go
The state will continue prosecution
of men indicted in connection with
the Herrin, Ill, mine riots, Edward
J. Brundage, attorney general of H.
linois, declared here when told that
the first five men tried had been ac-
quilted. Mr.. Brundage was here to
make an address.
THE state of Illinois will continue
its prosecution of those believed TO
be guilty in the Herrin riot atroc-
tiles the attorney general said.
Information against others implicat-
cd is in the hands of the state and
the prosecution will imm ediately be
opened in those cases. There is no
doubt in my mind Of the guilt of the
five defendants acquitted by the Will
hanson county jury. The acquittal
OF these defendants can be ascrIbed
to the spirit of intimidation that pre-
walls in the Herrin district today.
The jury was fearful of the conse-
Quences should a verdict other than
not guilty be returned"