Evening star., 1923-08-16
KEPNER ACQUITTED
OF CHARGE HE SHOT
HIS WIFE TO DEATH
Judges at Frederick Find He
Did Not Fire Bullet That
Killed Her.
COURT QUIETS ATTORNEY
IN HIS FINAL APPEAL
Accused Man Strikes Reporter in
Encounter as He Departs
From Courtroom.
By a Stan Correspondent.

By Stan Correspondent.
FREDERICK. Md. August 10
Benjamin Evard kepner, who had
been on trial in the. county circuit
court here since August Z. charged
with the murder Of his wife, the wealthy
Mrs Grace Simmons Kepner, was sc-
Quilted at 1885 o'clock this afternoon
for lack of sufficient evidence.
IT took the trial judges trifie more
trup IN hour to reach their decision
Argument in the case having been
concluded at 1890 O'Clock, when
states Attorney Aaron r. Anders
c;psa.l a two-hour address with a re-
oues, that the court return verdict
that the prisoner had heen proved
guilty of deliberate. and premedi-
tated murder"
Courtroom Crowded.
The courtroom was crowded to its
capacity with throng of tired,
nervous and persp!ring young women
and children 2nd a S.Urmur of an
ticipation swept the overheated little
chamber when the door leading into
the private chamber of the judges
was opened. Chief Judge Hammond
Urner was the first out, followed
Immediately by Associate Judges Glen
H. Worthington and Edward Z.
Peter.
When order was restored, Chief
Judge Urner announced that the court
would not tolerate a demonstration
ofalX
proceeded, with the reading of the YER
dict. It was short, but pointed. and
Kepner remained seated. bending
In the words as they fell from the
lips of the man in whose palm his fate
had rested few minutes before
Order Him Released.
This court Judge Urner said. has
carefully considered the & evidence enc, pre- pre-
has not been enough evidence produced
here to prove beyond the shadow 81 a
doubt that it was the prisoner az the
volver from which was fred the fatal
shot that killed Mrs. Kepner. We
therefore find the prisoner not guilty
and order him released from CUSTODY.
Strikes Newspaper Man
Kepner swayed dizzily in his seat as the
Urner. He knew then that his fight for
life had not been in vain. although his
hone for complete vindication at the
lands of the court, which his attorney
had attempted. to have reversed the
theory of murder, was vanished
moment later when the full verdict had
been read.
The moment Judge Urner stopped
talking Kepner regained his COM
posure, turned to shake hands with
several relatives from Harrisburg and
rose to leave the courtroom, which
must have become to him place OF
horrible nightmares:
Leo Weinberg, who had led his de-
fense. ran up and shook his client by
the hand. moment later kepner
and Sheriff James A. Jones slipped
out a back door and started for the
Jail to collect the prisoners clothing
before his departure to parts un-
known.
A group of newspaper men met KEEP
ner as he was about to enter an auto
mobile. When one of them asked
Frederick. Kepner turned suddenly
and struck the reporter a blow on
the point of his chin. The reporter.
however, shot back a blow that sent
against his car. Before further trou-
Bile occurred, both men were hur-
sled away by friends.
The atmosphere of impending seri-
Gus events pervaded the courtroom
when Chief Judge Hammond Urner,
followed by Associate Judges Glenn
II. Worthington and Edward G. Po.et
entered, this morning. The room was
literally jammed and the courts or
der that no one should be permitted
to enter unless there were seat for
them seemed to have been completely
ignored.
Many Men. In Courtroom.
For the first time since the opening
day there were as many men IL the
throng as women, and when one gazed
upon the faces of those pres ,nt it was
impossible to conceive how the busi-
: ness of Frederick was being conduct
ed for the day. Every man OF conse-
Quence stood or sat in the chamber
and some naa their wives with them.
The usual crowd of Wide-eyed flap
pers was squeezed into low window
seats and here and there could be
seen girls by the dozens who had nut
yet started to put their hair up.
Pale and haggard, kepner entered
on the arm of Mr. Weinberg. who time
and again turned to him with smile
of encouragement as the court pre-
pared for what probably will be the
dat in his career. He-was almost on
the verge of a nervous breakdown and
sat through the entire proceedings
with his head buried deep in the cup
ped palms of his hands. Only now
and then did he display an interest in
what went on around him.
1t was just exactly $3.50 o'clock
when Mr.. Weinberg stood and began
his final plea, He based his whole
hope for acquittal on the ground that
Mrs. Kepner never had been murdered
but had taken her own life out OF
sheer despair when she learned that
her husband had forsaken her for the
love Of youngeg and prettier woman
And in trying to save the life of his
client he spared him nothing in con-
demning him for his double character
Time and again Mr.. Weinberg be-
came so dramatic and so violent In
his plea that the court. itself visibly
disturbed by the scene, was obliged
to warn him against, too much effect
On one occasion he was attempting G
to prove the faliacy OF the states
contention that Mr.. Kepner had shot
his wife, lifted her dying form from
the floor and arranged II on the bed
upon which she was found.
To illustrate his point the attorney
seized large chair. lifted 1t high
, above his head, and In the excitement
of the moment, hurled 1t crashing to
the door. breaking 1t in two. Frown-
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