Evening star., 1928-11-23
SLAYER ACQUITTED
BY WEEPING Jury.
Prosecutor, in Tears, Refuses
to Continue Case Against
Killer of Son.
By the Associated Press.

By the Associated Press.
CHICAGO. November ga wet
eyed Jury in five minutes yesterday ac-
olitted of murder a father who con-
fessed killing his son after hanging
prosecutor" burst into tears and refused
TO continue the prosecution.
The judge the State prosecutor, the
defendant. his daughter, who was forceo
to testify against him, and virtually the
entire courtroom, including the jury,
were in tears as the trial, less than
three hours old. came to an ending as
dramatic as any ever witnessed an the
orim old Criminal Courts Building,
scene of hundreds of murder trials.
Arthur F. Falk, the defendant, for-
mer mark commissioner, slumped to the
floor in a faint as the jurors, still Weep
ing. brought in a verdict i've minutes
after receiving the case, while the court
State and defense attorneys, ana even
spectatorS. endeavored to control tnelr
tears after an emotional climax Sucn aS
is seldom witnessed IN a courtroom
Kills Son in Drunken Rage.
Falk. in a drunken rage, shot and
killed his 22-year-old son, Eldred, three
months ago today when the youth up
braided him for coming nome lnCoHl-
Gated Offering his father shotgun
that Falk had given the boy last Christ
mas, Eldred told his father to tlre, ADD
ing that he would rather he dead tnan
be the son of drunkard:
Falk. his brain befuddled by drlnK,
pulled the trigger and his son Iell oeao
| At his feet The father sobered by the
Shooting, attempted to reload the gun
and xiii himself, but had never fired a
Gun before and did not know how. IN
Stead he called the police and made
full confession.
hurst into tears on the stand as she
identified the weapon her father used,
end spectators and some of the jurors
already were weeping with her. Two
policemen told of being called 10 Fa!k
home by Falk himself and arreStlng
him, and the State rested. the de1enSe
introduced a few character witnesses
and announced the intention of calling
Falk. but desisted when the defendant
burst into sobs and rested its case LII
less than half an hour.
Prosecutor Weeps.
Prosecutor Byrne rose to his feet TO
begin the States closing argument.
Suddenly he burst into tears and an
nounced that he could not continue.
He reviewed five years work as state
prosecutor ana SdlQ 1Ie lldO dSOCN nAVAA
out fear or favor and had never been
swayed by his emotions,
"But.' he said, as tears streamed
down his cheeks, "if this man is sent
to the electric chair or to the penl-
tertiary I refuse to be party to 1t.
When I had concluded my argument I
couldn't look into the faces of the de-
fendant, his wife, daughter or mother"
BY this time the entire courtroom
was in tears, and Judge Normoyle was
wiping the tears from his own eyes.
Some of the jurors let the tears roll
down their cheeks unheeded, others
were openly wiping them away.
The case went to the jury without
further argument and within five min
utes the Jurors were back with the ac-
uuittal verdict AS it was read Falk
slumped to the floor. Later in the
Judges chambers Falk and his family
were reunited, but still were too over
come with emotion to talk. Shortly
after he was acquitted he was released
from the county jail and went home
with his family, first thanking not only
the jury, but the prosecutors as well.
"The verdict" said Judge Normoyle,
WAS a very sensible one. 1t was the
only one that could have been returned
under the circumstances.