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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 11, 1889)
THE OMAHA DAILY H THURSDAY , AP1IIL 11. 1889. woman nml m the light of Inferences drawn by the defense put tao most oharltnblp Inter pretation upon nor misdoings , When man kind como * to administer human nnd fnlliblo law , It Is counselled to perform the duty In its best Judgment , The dictates of our own preservation , the well being of society nnd civllbntlon demand that , until the human race shall hnvo no far progressed in Its great evolution M to eliminate crime , wrong doing shall bo pnnlMiod. When the mliionlum comes , nnd men nnd women will not arm thcmsolvci with deadly weapons nnd shoot down other human beings , nnd the rights of nil are respected , then I twill bo opportune for Juries to Hny 'Go nntl Sin no More. ' Hut , In the meantime It Is absolutely ncco - nary that the courts protect society by the imnlshmcnt ot the guilty. "I hnvo novcr clamored for conviction nnd never shall. General Cowln told you that ho had no Inurols to win In this cnso. I nin auro'tlmt 1 nm not socking the conviction of nny human being for the solo purpose of making ot the stnta a stern master. My at titude Is for the protection of society. If I should stand otherwise 1 would nsk not only that my name bo stricken from the rolls of the bar of Douglas county , but from those of rcspcctnblo society. The state has nothing * to gain by the conviction of an Innocent man or woman. On the contrary , the stnto , so ciety , humanity , civilization , everything that goes to the makeup ot llfo , demands that no innocent person shall bo contaminated by the gnrb and surroundings of convicts. "Therefore , all I ask of you Is that you weigh carefully tno evidence In the case and that you listen attentively to the Instructions of the court nnd apply the facts ns you llnd them to the law And Itendcr n Tmo Verdict thereon. If the defendant was of diseased mind at the time of the llrlng of the fatal shot , on your oaths , nnd In the protection of humanity nnd civilbatlon , you must acquit hor. But , unless there is some symptom of n mind deceased , something to indicate that the act was brought nbout by disease and not by passion , then , gentlemen of the Jury , you cannot In the discharge of your duty , acquit her on that ground. If acquittal Is to bo brought In on what nro termed general principles , that n person has n right to usurp the function of Inw in punishing real or supposed grievances , there would bo llttlo use in trying any criminal case in a court of Justice , because there Is no criminal but can conjure up some real of fancied Jus tification. "Now. gentlemen of the Jury. I nsk that you fairly and Impartially consider this case nnd that , if there exists among you such n doubt ns to the gyilt of the defendant us to denominate reasonable , you will use that presumption of innocence nnd the charities of the law and acquit the defendant , but that , if no such doubt obtains with you , you will perform the duty imposed upon you by the law and llnd her pullty. " At the conclusion ot Mr. Mahonoy's nil- dress , Judge Groff , in a low voice , yet dis tinctly audible in all parts of the court room , read the following ItiHtriictlons to the Jury. The court instructs the Jury : 1. The defendant is informed against as required by law with having , on the 17th dav of November , in the year Ibbl ) , within Doug las county , Nebraska , unlawfully , purposely nnd feloniously , nnd of deliberate and premeditated - meditated malice , assaulted ono Henry W. King , Jr. , purposely and of deliberate and premeditated malice to kill nnd murder the enld Henry W. IClng , jr. , with n certain pistol tel then and there charged with gunpowder nnd ono leaden bullet , and that she did in such manner and by such assault kill nnd murder the said Henry \V. King , Jr. , which charge is for the crime of murder in the first degree , 2. The court Instructs the Jury that the in formation referred to In the foregoing In structions embraces the lessor offences of nomlcldo , of murder in the second degree nnd of manslaughter. Before defining the different degrees of Iiomlcldo , the court Instructs you that every person accused of crime is presumed to bo innocent until proven guilty by competent testimony beyond a reasonable doubt : nnd , before you can llnd the defendant guilty of nny of the grades ot homicide us dollncd In these Instructions , you must bo satisfied from the evldonco beyond a reasonable doubt of her guilt , nnd if you do not become so satisfied beyond a rcasonnblo doubt , you must acquit. 0. The statute under which the accused is informed against provides that. "If any per son shall puiposoly and of deliberate nnd premeditated malice kill another , every per son so offending shall bo deemed guilty of murder in the first degree , nnd , upon convio lion thereof shall suitor death. " 4. You nro further instructed that before the defendant can bo convicted of murder In the first degree , you must bo satisfied by the evidence beyond .1 reasonable doubt , not only that the act of shooting was prompted by niallco toward the person whom she is al leged to have shot , but also that the shooting was done with the specific intent and pur pose then existing in her mind to kill the said Henry W. King , Jr. Not only must this bo shown , but the state must go further , nnd convince you that her intent to kill was pre meditated and deliberate , ns defined in the next instruction. D. The court further instructs you that to premeditate means to think on , to revolve in the mind beforehand , to contrive and design previously ; while deliberation means to weigh In the mind , to consider the reasons for and against , to reflect upon nnd consider maturely. If , therefore , you tiid that the defendant fired the shot nnd inflicted the wound from which King died , that uho was promoted by niallco , and that she intended to kill King , and had in cool blood premedi tated aud deliberated upon the act and the purposa to take human llfo ; If all these ele ments nro found against her and nre shown to exist beyond any reasonable doubt , then pho Is guilty of murder in the first degree , and such should-bo your verdict. But , if anyone ono ot the foregoing elements necessary to constitute murder in tno first degree Is not proven beyond a reasonable doubt , then the defendant cannot bo convicted of tnV degree or grade of homicide. 0. If you llnd , under the foregoing Instruc tions , that the defendant is not guilty of pinrdor In the first degree , your next in quiry should bo directed to ascertain if she bo guilty of murder In the second degree. The statute defining murder In the second degree provides that , 4iif nny person shall and maliciously , but without do- Eurposoly and premeditation , kill another , every such person slmll bo deemed guilty of murder in the second degree , nnd on convic tion thereof , shall bo imprisoned in the peni tentiary not less than ton years or during life , in the discretion of the court. " 7. The court further Instructs you that murder in the sccoifd degree Is the Killing of n human being purposely nnd maliciously , but without deliberation and premeditation. r * The distinguishing feature of murder In the ' second degree is that the killing is done pur posely nnd because of mallco entertained by the slayer toward tha person whoso life is taken. In this case , if you find from the evidence that the defendant , because of a I1- * previous mulico which she entertained against the deceased , Henry W. King , Jr. , shot nnd killed the said King , and that her act was not flono in any sudden passion , prokod by some adequate provocation , then she would bo Kuilty of murder In the second degree. But piollco being tha essential element which dis tinguishes murder In thu second degree from manslaughter , you must bo satisfied from the evidence beyond any reasonable doubt that the shooting was caused by her uiullco and ill-fooling previously entertained toward the pcrbon whose life aho is alleged to have taken , and was not the result of a sudden and violent lent fit of passion provoked by adequate cause and provocation. 8. The court Instructs the Jury that mallco Is defined to bo that condition of the mind v/hlcti shows a heart regardless of social duty and fatally bent on mischief , the oxUt- enco of which condition Is inferred from acts dona or words spoken ; and the court further instructs you that if you should find that a reasonable provocation was given , and tuat tho.nct of shooting was the result of such provocation , then such provocation should bo Accepted by you as proof tending to show the absence of mallco. And In this case , if you should find from the evidence that the defendant previous to the shooting had no ill will or malicious fueling toward the deceased , but that her act was the result of sudden passion aroused by an assault on. her , committed nt tbo time of or but a few minutes previous to the shooting , and before a reasonable time for her blood to root and passion to subside had olupsod , this 5S- would bo sufficient to Justify you In finding that her act ot shooting , If jou should lint that she did the shooting , was not malicious , And she would not bo guilty of murder In tbo second degree , oven though she shot with the specific Intent and purpose of killing the deceased. But , on the other hand , if you Should find from the evidence beyond a reasonable doubt that ttho did purposely a IK niallcioutly bill the doomed , then she wouli po guilty of murder in the second ilozreu , , umkr.tlio foresoiBif instruc tions , that the defendant Is not guilty ot nurdor In the first or second degree , yoUr next Inquiry should bo directed to ascertain f she Is guilty of manslaughter. The statute defining manslaughter irovldod that , "If any person shall unlnw- 'ully kill another without tnnllcc , cither upon n sudden quarrel , or unintentionally , while .ho slayer Is in the commission of somaun- nwful nct.ovory such person shall bo deemed guilty of manslaughter , and , upon convlc- , lon thereof , shall bo Imprisoned In the ponl- cntlnry not moro than ton years nor less than ono year. " 10. The court instructs you that In this case If you find that the shot from which ling died wns flred by the defendant under , ho Influence of passion produced by an ndo- quato or reasonable provocation and before n rcasonnblo tlmo had elapsed for the blood to cool and reason to rcsumo its habitual con trol , nnd that such shootlwfc was the result of otnnorary excitement by which the control of nor reasoning tfowors was disturbed , rather than nny wickedness of heart or reck- cssiress of disposition , then her offense is manslaughter only , and not murder in the Irst or second degree. 11. In order to rcduco the crime from mnr- dor to manslaughter , it is onlv necessary that the evidence should show that at the line of the shooting thu reason of the de fendant wns distracted or obscured by pas sion to such an extent ns would cause nn av erage person of fair , nvcrngo disposition tenet net rashly or without duo deliberation or re- lection nnd from passion and anger rather than judgment. 12. The defendant In this case relics upon nsnnlty as ono of her defenses , and the court nstructs you thnt in the nbsenco of evidence to the contrary the law presumes every per son to bo snno , and that the law in this stnto s that whore a defendant has introduced ov- donco tending to rebut such legal presump tion. It then becomes incumbent on the stnto a satisfy the Jury by competent testimony joyond n reasonable doubt that the alleged crime wns not the result of mental disease ; and the court instructs you that if in this case you should find from the testimony ot the witness Scott sufllcicnt evidence tending to rebut the legal presump tion of sanity , then it became and was in cumbent on the stnto to satisfy you uy com petent testimony beyond n reasonable doubt Lhuttho not complained of was not produced by mental disease , and thnt the defendant was , at the time ot the commission of the alleged crime sane ; and unless so satisfied it would bo your duty to acquit the defendant. 13. The nature , character and degree of insanity which exonerates a party from crim inal responsibility is not easily explained or understood. It Is not necessary that it should appear that the defendant nt the time of the commission of the act did not know right from wrong ns to her acts in general ; the Inquiry must bo directed to tho. act charged ; If the defendant's act In shooting ICing , if she did shoot him , was caused by mental disease or unsoundncss of the mind which dethroned her reason and Judgment with respect to the act ; which destroyed her [ lower rationally to comprehend the nature ind consequences of thu act ; and which , overpowering her will , Inevitably forced her to its commission , then she is not in law guilty of any crlmo and your verdict should tie not guilty. But , on the other handif you liellovo beyond n reasonable doubt from all : \\o \ evidence and circumstances in thu case : hat she was in the possession of n rational ntcllect or sound mind , or that from some real or fancied injury she allowed her passion : o escape control , then , though passion or revenge may for the time have driven reason Trom Its seat and usurped its place and urged , ho defendant with a force at the moment irresistible to desperate acts , she cannot claim for such acts the protcctionof insanity. The practical question for you to determine 'roin all thu evidence is whether passion and evcngo or insanity was the ruling and con- .rolling . agency which led to the commission of the act. If the shooting was the direct result or the offspring of insanity , you should acquit ; if of passion nnd revenge , you should convict. If these acts were caused by a dis eased condition of her miudwhich dethroned reason and took from her the power of exor cising her will , she is not responsible for .hem ; but. if she voluntarily allowed her Mission to bo Indulged until It got temporary xmtrol over her , she is responsible for the condition into which she thus fell. 14. The defendant claims that if she fired the shot which killed Henry W. King , jr. , she did so In self-defense , and the court in structs you , that , If you find she flred the shot which produced .his death , and nt the time : ioncstly believed nnd had fair reason to bo- iovo from an assault which the said Kinc made upon her , if you shall find an assault was made or was about to bo made , upon her , that her life was in imi nont danger , or that she was ID imlnont dan ger of suffering great bodily harm at his lands , and had at the time no other means of averting such danger , or had reason to lonostly believe that she had not other , lian by shooting- , she was in law Justified in so shooting , oven though she shot with in tent to take the lifo of said King. 15. As to the danger mentioned in the pre ceding instruction and the necessity of the shooting mentioned therein , the defendant , audor the law , was herself permitted to judge ; nobody else couln Judge for her. The law did not require her to Judge infallibly , nor as you might have Judged under the same circumstances. The law only required lier to judge honestly , and in such case the law does not with nicety and severity judge ) f her judgment , nor require you to so Judge , t. The law does not measure nicely the do jreo of force which may be employed by n terson who has reason to believe that she is n danger of loss of llfo or of suffering great jodlly harm ; and , if you shall find that the defendant did honestly believe and had fair reason to believe that her lifo was in im minent dancer , or that she was in Imminent danger of great bodily harm , as stated u the preceding instruction , nnd in the situ ation supposed In said instruction , and she employed moro force than was strictly neces sary , or resorted to means which may not iiavo boon strictly necessary to defend her lifo or her person from great bodily harm ; she was not responsible lor so doing unless such force or such moans wat so dispropor tionate to tno requirements of the occasion as to show wantonness or a malicious pur pose to Injure the deceased. 10. And in Judging of the necessity to use such force as It is claimed was used by the defendant , you may take Into consideration tha respective skill nnd physical force of the parties , nnd the fact tnat the deceased was a man and the defendant a woman , and if the disparity was such that the defendant might honestly have believed and did honestly be lieve that she could not , except by the use of the means she employed , avert the Imme diate danger of losing her life or suffering great bodily harm at the hands of the de ceased , tholaw Justifies her In the employ ment of.such means. 17. The danger mentioned In the preceding instruction need not bo real ; it Is sufficient if It was only apparent , and the defendant had reason to believe and honestly believed It was real , and shot , us It is alleged she shot , under the honest belief that she could only avert such danger by shooting as shu did. 19. And In passing upon the question of the Judgincnt'of thu defendant In having reason to believe and believing thnt such danger was imminent , you mav take Into considera tion thu morbid condition of thu mind of the defendant , If any , tha nervous condition of the defendant. If any , and the emotional condition of the defendant , it any , and also extreme nervous excitement nnd tension , if there was any , producing In the defendant n belief of the Intent of the deceased to com mit such personal violence ; and you may also take into consideration previous assault "or assaults , If auv there were , upon the defendant - fondant by the deceased. 10. Under the Information In this case you can convict the defendant of murder in the first degree , murder In the second dcgrbo , or manslaughter , as you may find from the evi dence baroio you sha may bo guilty of the ono or the other of those crimes ; but I should state to you in this connection that the same rule which I have heretofore laid down to you relating to the defendant being entitled to the bandit ot any reasonable doubt you may have of her guilt applies with equal force and should govern you in arriving at the degree of homicide of which you may find her guilty , und if you have reasonable doubt of tha degree of offense which she U proved guilty , if proved guilty of any , you will only convict her of the lower degree. 20. Keasonablo doubt is not n llttlo difficult to define and make plain , but in regard to the degree ot proof which will entitle the prose cution to u conviction in n criminal case , tha teachings of the law may bo thus briefly stated : Full and satisfactory proof is re quired ; no moro wolyht or preponderance of ovideuco Is sufficient unless It satisfies your minds beyond a reasonable doubt. A reason able doubt is not a forced or Imaginary doubt manufactured , so to speak , Irani the sympathy of the jury ; it U not cap tious or sought after , but such a doubt as fairly and reasonably arises ID your minds alter a careful consideration und com * parUon of all the evidence 10 the no. If , utter such careful ooubidoraUuu And com parison your minds nnd consciences nro not ( Irmly nnd abidingly satisfied of tbo defend' ant's guilt , It your ] Judgment wavers nnd oscillates , If moral certainty is not produced , Iho presumption of Innoccnco nnd the charl tics of the law concur In requiring you to give the prisoner the benefit of the doubt , and to ncquit hor. But it such does not In fact exist , you should find her guilty. ! il. You , gentlemen of the Jury , nro the solo Judges of the facts In this case , and tha responsibility of determining the "guilt or In nocence of the defendant under the evidence , nnd the law ns laid down bv the court , now rests wholly With you. It Is nroper thnt Lhls court should say to you that the protec tion of human Ufa is the most sacred trust committed to the cnro of the state , and that when n person dies by violence nil good citizens desire , nnd the pence nnd well bsmg of the commonwealth demand a nnst careful examination into the c'lusa of its death , so that Justice may bo done , the nnoccnt exonerated , nnd the guilty , If any : here bo. punished. I trust , therefor , gentle men of the Jury , thnt you will approach the consideration of this cnso ns honest , Intelli gent , thlr.kine men , charged with a respon sible duty , and actuated solely by n desire to administer Justice nnd render a true verdict according to the evldonco and the law as given you by the court. How They Appeared. During the rending the dofendnnt main tained n listless attitude. Her right arm rested upon that ot the chnlr , while her gloved hand supported her head , which was slightly turned on ono side. Ilor eyes were lictit upon the carpet from which they were not for nn instant removed. At times there wns n tearful expressiveness in the -features which was not unmixed with remorse and fear. She was listening to the words , but the mind seemed to bo occupied AVItli Other ThiMtRht * . What these were , of course could not bo divined. Her nttomoys sat between her nnd the udge's bench. General Cowln lolled easily on tha right sldo of his chnlr and Intently gazed upon the Judge ns ho read his charge. In front of him sat .mdgo Baldwin with n locullar expression of doubt nnd self satis faction upon his face. His chair was tilted back and was kept In-continual oscillation during the reading , The court room was hushed to silence which was impressive and almost painful. Every eye was directed upon the : cader and every car wns strained .0 catch the slightest sound ot tha Instructions which were to determine the defendant's fate. . County Attorney Mnhonoy stopped down Lo ono of the largo armchairs and reclined , rather than sat In it , with his head resting upon the upper ridge of the back. His face was partially turned toward the de fendant and the court. Ho was tiius enabled to comprehend both characters at the same moment. Ho viewed each , how ever , without much evidence of interest. The Jury seemed in no way moved , some of the members seeming to hnvo considerable difficulty in following the rending , couched , though it was in the plainest of English. At the close of the reading of the Instruc- .ions , Judge Groff turned to the counsel nnd nquired ns to tnoir further disposition. Speaking for defendant , General Cowm said : "Your honor , wo have no complaint what ever to make. Wo are perfectly satisfied with the instructions. " Mr. Mahoney said : "I have no dcslro to enter n single exception. " It was subsequently learned that both tides had submitted certain points , und that us honor had incorporated all ot them in the instructions. WAITING FOB THE VERDICT. Scones in the Court Hooni During the Jury's Absence. The jury then retired nt 10:55 : under the direction of Bailiff Grebe. Their disappear ance was followed by a buzz of excitement. Auditors , who had sat almost motionless [ rom early morn , turned to their neighbors. Each pair of eyes expressed the .thought which hundreds crowded into words , "Will they find her guilty ! " The strictness of the bailiffs nnd sheriff was relaxed , and a whispered conversation jocaino general through the apartment. The Judge remained upon the bench. General 3owin whispered to JIN Client , Who Arose nnd accompanied him to Judge Groff's pri vate apartment. Near the entrance sat a number of ladies , and behind the judge's bench were packed many moro. As she i > assed these , the witness drew her heavy , uiack veil over her pallid features , while General Cowiu supported her as she tot tered toward the door. Of course , the speculation in such cases Indulged as to the verdict of the jury occu pied general attention , some of the auditors going so far ns to wager upon the result. Nearly everybody hold that the prisoner would not bo convicted , though some felt that a Verdict of Manslaughter would bo returned. The auditors , however , had scarcely had time to realize that the Jury had retired lor deliberation , when the courtroom experi enced another scene of excitement. Where the intimation came from is not known , but it wns whispered In every quarter that the "Jury is coming. " Sheriff Coburn was seen at the entrance to the court room ordering people to sit down nnd remain quiet. Grebe was engaged in the same manner in another part of the room , and finally , as the intimation pf the verdict was convoyed to Judge Groff , that gentleman announced Thnt lie Wanted Silence nnd admonished the people to indulge in no demonstration. Siienco wns restored. It was such a silence that the breathing of the interested specta tors could bo distinctly heard. Mr. Coburn signalled to Urobe. The latter disappeared , in a minute ho returned , und sure enough ho was followed by the jury. The members slowly walked across tbo courtroom and filed into Their Accustomed Places in the jury box. Everybody was on the spur of expectation and hundreds of sparkling , eager eyes told that their owners expected an acquittal. At this Juncture the door of Judge Groff's room opened nnd on the arm of General Cowm the fair defendant appeared , walking into the court to hear her fate. It was a solemn spectacle. Hero was n frail , weak woman , buffeted by the world , despised of some , and in tears and wcod for the man whom her hand had sent unpre pared Into the presence of his maker , engag ing the cavalier und sympathetic attentions of her nblo defender. A stilled bob , ns she passed the ladies nt the door , reached thulr oars , und immediately n doion handkerchiefs wore concealing The GlUtonln * ; Tears which were welling from kindly nnd sympa thetic eyes. The example was contagious. It spread throughout the audience , and for the first time during the trial the ladloa were not ashamed to pay to the defendant their eloquent tribute of sympathy and lovo. The lady wns escorted to her chair , nnd General Cowln placed his chair near her to support her in the event of being overcome by the excitement. It was Just 11 o'clock aud the jury had been out five uunutos. "Malta way there , please , " said Sheriff. Coburn to a crowd which occupied the west part of Judge Groff's bunch , through which Frank Moarus , thu Herculean clerk , wai en deavoring to forca a lusiage. Clerk Moorjs called thu names of the Jurors and each man answered his namn In a full and firm voice. "Gentlemen , have you agreed upon a vor- diet ) " inquired the clerk. "Wo huvo , " responded the foreman. The document was handed to the clerk , who road it aloud. It was of the formulary order for such oases provided and concluded , with the words "wo find the defendant not guilty , " Thcso words were shot forth with em phasis , and in an Instant Llkp. the li'irlnt ; or n Mine , the court room was inn confusion. The pant- up fooling of u thousand sympathizers broUo forth In one long , loud scream and cheer. Men and women sprang to their foot. Handkerchiefs were waved. Hats were thrown in tlo air. Strong men throw them- salves into each other's arm * and hundreds of women shed tears of Joy , Uudlaut coun tenances everywhere bespoke the fooling of satisfaction which the verdict occasioned. Neither Judge Groff nor the officers of the court attempted to restrain tbo demonstra tion of approval. At length , however , it sub dued , aud Clark Moorcs polled the jury , uud thu verdict Hecaiiin n Solid .Paul , Just a * tuo dork ooumcacod to read the finding , General Cowln extended his loft arm nround the shoulders of the prisoner. The Inttor's fnco was artlnlly obscured by her hnndkorchicf , but tyio part which wns dis closed was moro thnn usually pnlo. When the last cheering .words were rend , do pris oner's hcnd fell upon the general's shoulder , ns If overcome by. the announcement. The fnco turned ( tfinatly pnlo , but the Instant bocnmu suffused with n deep rod alow , as If the blood of her body iwcro seeking lodgment thoro. And then tlm Toniv4 Uoftnii to Fall. They foil fast n.nd copiously. General Cowm smiled , W5Uod happy , whispered n few words to thd 'prisoner ' , shook hands and congratulated hoH 'lltulgo Baldwin emulated the example of the landing council , "Will you plcnso mnko n formnl order of dismissal 1" asked the general ot the court , The Judge complied with the request nnd Li7zio Blcchlcr passed out of the hands of the authorities Into the freedom of every day life. The court expressed himself ns pleased with the verdict. Tlio Defendant Wns Overwhelmed with congratulations , nnd was ngntn escorted to the judge's room , whore she remained closeted for some tlmo with her counsel , Sheriff Coburn mounting guard at the en trance. THE CAPTIVE l''KI3E. How Mtsi HIcchlor Enjoyed the First Moments < > r Ijtliorty. After Sheriff Coburn led Miss HIcchlor into the private room nnd gave her some stimulants , she soon recovered nnd mani fested n dcslro to know what was going on outside. By this time n great throng had surrounded the door eager to get nnothor look nt the llttlo womnn. General Cowin cnmo out nnd said she wanted to meet the reporters , nnd they were admitted. She shook hands with nnd thanked all of thorn Then cnmo the Jurymen , allot whom had words of consolation for her , nnd , grasping each by tha hand , she exclaimed : "Oh , how can I over thank you , gentle men , for what you hnvo done. From the very day I mot Harry until now I hnvo had , Oh I you don't know now much troublol" When the Jury rotlred Sheriff Coburn snld to Miss Blcchlcr : "There Is a number of ladles who want to come In and congrntulnto you. " "I will bo awfully glad to meet them , " she exclaimed , The scuno that followed for flvo minutes was very nffoctltig , The ladies were so choked with emotion that hardly any of them could utter nn ttudiblo sentence. They nil wept , Einhrnccd nnd Kissed tier. The crowd outside clamored for admis sion. Again Sheriff Coburn came in and said to the llttlo woman : "These men nro as anxious to shako you by the hand as the women. " In the midst of the excitement she turned to Judge Baldwin nnd Inquired whether any body had telegraphed the good news to her mother. "Yes , Indeed , that matter lias been at tended to , " was the reply. "I am glad ot that , because It will greatly relieve her , " "How do you feel , now , Miss Biechleri" asked n LIKE reporfpr . "Oh , I don't ' know. ' , ' "Do you fed happy ) " "Yes , I do , and yet , I don't know what to Ql\- . " , i Then she buried , liar face In the white handkerchief and sobbed , "It is mnro tbun I can stand. " , ( "Do you feel different from what you have at nny tlmo since this trouble commenced } " "No , I can't say that 1 do , and yet I am happy. " The poor woman was so beside herself that she could hardly roalUo what it nil meant. Shei ill Coburn thenjconveyed her to Judge Wakeley's court rpom , wnoro she held a short levee and rcqciyed the congratulations of the crowd that passed through in n pro cession. The men shook hands with her and the women kissed her. An Ascd Colored Icxdy fairly lifted her from the floor and shouted "God bless you , my cihild. " Being weak and Taint , these demonstra tions were hard on her , but she stood the ordeal nobly , and to these whom she know would say : "I am so glad and happy. " Directly Deputy Sheriff Grebe motioned to Coburn , indicating that a carriage had ar rived to convoy her to the hotel , and that of ficer bo informed her , but sno objected to going , saying ; "I must go back homo first ! " "Why , you huvo no home. " . "I mean back to the Jail. That Is my homo.1' "Not nny moro my dear girl , " interjected n tall , matronly female , whoso eyes were swimming in tears. . "But I must go back there and pack up my things. " "Wo will attend to that for you , " said the sheriff. "Oh I nm looking so dirty in these old clothes and must change before going any where. " Nothing could dissuade her from her pur pose , and back to the Jail she wont. After arriving there , she fell on her cell cot completely exhausted , nnd in loss thnn live minutes was sound asleep. For two days and nights she had not closed her eyes. Nat Brown , of thu Merchants hotel , has placed a room at her disposal in his house , nnd says she can stay there free of charge as long ns she remains in Omaha. At ono time , Miss Blochlor wanted to leave for Cleveland this afternoon , but her attor neys would not permit i . JUDGE AND JUUY. How They Acted nnd Brought the Cnso to u Closo. "This is the greatest aiogo that I have over undergone , " said Judge Groff , privately , after ho had given his instructions to the jury , and had emerged from the scat of jus tice , which ho bus constantly occupied dur ing the seven days' trial ot MUs Blochler. " .Since I have been on the judicial bench for this district Ih.iVo never soon such croivds of curious people ns on this occasion. They were eager aud anxious to sea a naor woman who had shot a man , and to hear what the attorneys would say for and against her. I am nearly worn out , nnd trust 1 will never have n similar case. The prosecution has done credit to itself , and the defense w.u ably conducted. I was glad to sea the ease- get to the jury , nnd was In hopes tnat It would got out , in his deliberations Tuesday night , but the prosucution wanted another hour , und ns everybody that is , the jury and counsel favored an mljournmmit until to-day , it was perhaps bettor to nnish up this morn- Ing. " ' . The woman's lifo M now m the hands of the Jury. You will 'Know whether she will live , go to the penitentiary , or huvo her free dom if you remain arpfind the court room long enough , if the Jury does not diiiasjroo. " This is the fourjfi murder case that has boon tried bdforo Judge Groff. The fit-so ono was the state npninst Vollmer. who killed a man named Dwyor. This was ubout eighteen months ago. Vollmer was convictoi ! of manslaughter und "was given a iioavy.sOntoncc , but ho Is now languishing In the rolfnty Jail nwaltlng u now trial. The setoilil murderer tried before fore the Judge was1 'William Ferguson , u negro who shot nnd kilted n Swede mimed Ole Olcson In the bcoo saloon at the corner of Fourteenth nml Dodge streets. For the murder , whicn was ewftncd to bo accidental , the negro received a jst'ntcneo in the state's prison of fifteen years. The next mur der within Judge "Groff's Jurisdiction , nnd which created -much excitement ut the tlmo , was that of Frank HI an , who shot and killed Mrs. Helen Howard in a wine room attachment to u saloon on the corner of Fourteenth nnd Dodge streets , just onpbsltu the ouor place In which Oloson was mur dered. Kyun , as will bo remembered , was acquitted on the ground of accidental shoot ing.The The twelve men in whoso hands the llfo of Labble Bicchler hung us in ubilunuo , were seemingly as happy as she herself. When the little woman burst into ttobi after thu announcement of the vcrJict , tears of honest sympathy , In no wise unmanly , rolled down' their chocks. Tucro scorned to bj no man amongst thoni who did not feel that ho hud done his duty rightly. "I can go homo to the wife and llttlo ones now with a clear conscience , " said big , hon est Farmer Shipley , "und I Know that they will feel none thu worse If the fruit trees that llo shriveled in thu depot don't bud and blossom nnd bear fruit. During all this long trial 1 know they have been reading of that lltllo woman there nnd hoping papa wouldn't ' hell ) to uan her. " Chtirloy westordahl wns still wlpme tours from his ores , nnd so wns Frank Wngnor. Morris Morrison and John llcuscn looked solemn nml yet there wns a light begotten of Joy shining from their eyes , Frank wngnor grasped Miss Ulechlor'a ' hand. The Teuton's eyes were suffused with tears , his volco wns husky with emotion. "Bless you , bless you , llttlo child , " ho said. "Mny the good Oed keep you. Do good. " Their will probably never sco Miss nicchlor , again buUlio memory of thatlnstsconoln this epoch of thulr Ufa will over bo with thorn , nnd from one heart at least , so long ns It Minll throb , prayers will ascend to heaven for thorn and for thoiri. The Jury did not euro to talk about the case , or how they were nffoctod by the ovl- donco. As ono of them said , "Ills over now ; lot It rest. " They nil loft the court house noon after slinking Imnds with MiM Uicchlor. Coining away from the building Juror Shipley said ho had voted ns ha did on the grounds that ho considered Miss Ulochlcr Insane , nnd oven If she was not , ho thought stio killed King In Holf-dofcnso. Ho said also that the killing was not proven. There wns no discussion In the jury room whatever. Only ono ballot was taken nnd every veto was for acquittal. Sheriff Coliurn. Sheriff Coburn said he was mora than glad the trial was over. Ho has boon worried nearly to distraction during Its progress trying to find room to stow away the thou sands of spectators. Two extra bailiffs , rank- Inn six In all , were employed to keep order nnd nttoml the doors. The sharlff said that ho thought the attendance during the trial had been larger than at any other murder easa In tno history of the county. The ex panse , ho said , would bo comparatively ilgnt. "What do you think of the verdict ! " was uskcd. ' Oh. I nin always satisfied with the ver dict of n Jury , " returned ho , but If appear- nnccs go for anything , the sheriff was more than siittsllud with the ono returned In this caso. _ WAKING THOUGHTS. Miss ISIeclilor'H Mind Hewing to Com prehend Her .Situation. Miss nicchlor wns scon nbout 2 o'clock nt her quarters In the county Jail. That mys terious air which , during her long confine ment , served ns an excuse for Joe Miller and his assistants to keep nil visitors nt a distance nnd prevent communication with her , had totally disappeared. When the reporter entered the jail the heavy Iron door was swung open nnd Miss Hiechlor was discovered on the balconv chatting with a lady caller. After a sleep of an hour nnd a half the little tlo woman nroso greatly refroshcJ. , uud discarded her ncavy black robe for a light colored calico wrapper. Not until after her slumber , did she seem to fully realize the fact that the bolts had been turned baclc , nnd that no barriers remained between her nnd the free dom of the world. Her reply to nil inquiries ns to her condition were : "Oh , I am very hi'ppy , now , and for the Jlrst time In many .years. " She manifested no disposition to hurry away from the jail , nnd talked about remain ing thcro all night. It was learned that she has offers from the Paxton people to como there and remain as their guest until ready to leave the city , and from Landlord Hrown , of the Merchants. which is elsewhere referred to. Mr. and Mrs. E. Urown , of St. Paul , who are staving at the Murray , Imvo invitsd her to come to that hotel as their guest. Hut she has not decided which of these offers to accept. IJ c'fl ICvtrn Editions. STon minutes after t ho verdictbnd been an- nounccu 'fa ; : Uii : : was upon the streets with a full account of this morning's proceedings in the celebrated caso. In this bit of enterprise Tun Bun was ono hour ahead of all would-bo competitors , and was the only piper to publish in full Urn mas terly charge of Judge Groff to the Jury. Other Omaha dallies hare TIIK UEE'S con sent to copy It from our columns. Up to the hour of going to press with the regular edition over 2,4.00 Bui : extras had been sold upon tno streets of Omaha. Throughout the entire trial Tin : REE'S re ports have been pro Ptninontlvtho , best. No other Omaha daily attempted to give a ver batim stenographic report of thu principal arguments of counsel , nnd no other d.nly could give tno complete and adequate re ports which Tin : Bui : daily presented before Its readers. Tno public appreciate this fully , us is evidenced by the sales , which were greater than those of all competitors. Tin : UEI : is a newspaper. BIINOU CASKS. XoBtcrilny'i ) .Litigants IJeforo tlio Vn- rlous Ilnr.s ol' Justice. , Judge Wakole.v heard the case of J. W. Hoekatrom against the hardware firm of Nissen , Alford & Co. yesterday afternoon. Tno plaintiff brought the suit to recover ? 0,000 damages by reason of being accident ally shot by George Nissen April 3 , 1V33. while in the employ of thu Jinn. Nisson was handling the revolver from which the shot was flred. The call passed through Hock- strom's loft leg near the thigh. The evidence - donco wns concluded nnd the case will go to the ) ury to-day. Anna Maria Dickey filed a bill in the dis trict court yesterday for dlvorco from her husband Gcorpo W. She wants a separa tion on the grounds of non-support. They were married August 21 , 1330 , at Norwnlk , In. On account of tier husband's laziness she has had to support herself by working 113 n domestic In restaurants and hotels. Ho- cause he could not extort money from her , film alleges that ho has set nllout slanderous tulle concerning her character. On account of this shu has lost ono position and her abil ity to provide a maintenance Is endangered , aho asserts. The wife also asks for the res toration of her inaidon name , Anna Maria Hlack. Tlio plaintiff In the case of Zclphn How- man against H. E. Cole was given n verdict for § 7.1 damages yesterday. This Is the amount she sued for on a contract for the sale ot a lot. In the case of George II , Hailoy against C. K. Mnyno nnd Dennis Cunningham , the plaintiff wns Riven a verdict for $4)7.9i. ! ! ) This amount was duo on a promissory noto. The marital relations existing between Alice and Oscar Pat ton have not boon vjry pleasant to the wife. Slio commenced suit yestordav for divorce , alleging that on no- count of her husband's ill treatment she had u miscarriage February 24 , und that ho was without food or fuel. The wife's other alle gations for legal separation uro cruelty and non-support. Asldo from the dlvorco she wants alimony. The Jury In the case of F. A. Putnam against ( J. K. Mayno gave the plaintiff n ver dict for . ? I'J5.7J. nimer W. Davis applied to the district court yesterday for an injunction restraining Henry Hompin , Krug Hi-other * nnd the Chicago cage , Hurllngion & Quincy railway company from proceeding any further In the attach ment suit amounting toi.4'J. ! ' . County Cotirr. The following Judgments were rendered yesterday In the county court : Haniv of Omnlni vs Justiscn , for 3311.37 ; Cook , ot nl vs Iligglns , for $4'JJ.30 ; Stratum vs Huunou , for possession nf rcplovinod property. C , H. Slornun entered suit against William J3. Murray to recover $20i on a promissory noto. John F. Flacic sued George W. Huck for Ponitivcly cured by ' thube I.'ttlc ) > ill . CARTER'S They also relieve nt * tress fro'fl Ujiipep8lA.u- | ITTLE digestion find Too Hourly EatlnR. A jx-rfcU rum- edy tor PU/lnc&i. Nausea. nrowolncss , Had Taste la tha Mouth , Coated Tongue , Pain In the 8Mo , UVKR. Tacy rcgulato tbo Dowtla. Purely Vegetable. SMALL PILL SMALL DOSE , SMALL PRICE , promissory notos. Milton S. Lindsay xviu sued by Joseph Dnrknr for $300 on n noto. Piters ft Cnlhoun company , of Nownrk , N. J. , brought suit Against Mitchell ft Unities to recover * jyi.75 on ft bill or mcrchnndtao. It Is a CiiHoui Fact Thnt the body is nffw moro susceptible tobonollt from modlcltio thnn nt nml ether sonson. Hence the importance of taking llood's Sarsnparilla now , whoti it will tlo you the most pood. It is ronlly wonderful for purifying nnd on- riohliiK the blood , cronting nn nnpotlto , nnd giving n hanlthy tone to the wliolo system. Bo sure to got Ilood1 Sarsa- parllln , which ia pooullnr to itsolf. KILLED 1JV A 8X13ET OAK. HorrlMo Injuring Indicted Upon nn Unrortunnto Oltl Womnn. Mrs. Mary A. Qoodson , nn old lady , wns run over by n horne car on UioFnrnam street line nt the Twelfth street crossing last night , nnd received Injuries that will , in nil proba bility , prove fatnl. The accident happened nt SMS o'clock. C. L. Onkford , the driver of the car , wns looking out for the motor which crosses on Twelfth street nt that time , nnd did not sco the womnn until she was under the horses' feet. Ho stopped the cnr 111 soon ns possible , but not until the front wheel htul passed over the right log of the unfortu nate woman , breaking It In two placos. The woman wns cnrr'ed to Nelmoyor's restau rant nt 1015 Ilurnoy street , where she had been nt work , but wns shortly nftcrwnrds re moved to the hospital. Her right thigh wns found to bo broken nnd her hip bndlv crushed. The injured womnn is llftv-olght years of ngo nnd has n daughter , thirteen years of ago , living nt Saratoga. Oattford , the driver of the car , was nrrestcd. M'nnts Hauk Ills 1'ormlt. The license commission mot yesterday nftornoon to consider the application of James Hnjok , whoso license was recently revoked for selling whisky to n ] x > leo ! spv , for n permit to soil liquor. The imittor was considered in oxocuttvo session. The result was not announced. A Mnnitrnctiirini ; Company. The Helm Sash nnd Door company , with n capital stock of $100,000 , Hied articles of in corporation yesterday with the county cleric. Tlio purpose of the concern Is to manufac ture , construct ami repair buildings. The company is orsnulzed for nn existence of thirty years. The corporators nro Conrad Helm , Willtntn G. Helm and William H. Hirgo. Pears * soap secures a beautiful com plexion. John Gtic > s I-'rco. John Hoylo , who.was arrested about n year ago and figured In n two-hours' ' fight with Sergeant Onnsby In the patrol wagon , with the team running away , was in Jail yesterday charged with being drunk. The policeman who arrested him failed to nppenr for the prosecution , nnd Hoylo was discharged. iJcechnm I'illscures nervous and billions 11. I'ubito Works. The board of public works yesterday granted to the Omnlm motor company per mission to lav a side track on Seventeenth street , from Izurd to Clark. The Omuhn street railway company nsKod permission to lay n double track on Sixteenth strojt , from Vinton north to tbo viaduct. OOUNTV OOMIMISSIONBHS. Hotwoon Wrangles They MnnnftQ ( o Transact Oonslitornblo Husluois. At yesterday nftornoon's mooting of the board of county commissioners Chairman Mount nud Member O'KcofCo got Into QUO of their weekly squabbles ever the pnssnga of nn appropriation of $2,450.13 for expenses in curred by the county. The latter used some boisterous talk , Raying thnt the mooting was not being hold to mnko appropriations , but had boon called for the purpose of hearing County Attorney Mahonoy's opinion on the legality of the resolution which wns referred to the county's legal nil visor nt last Satur day's meeting ot the board. Mr. O'lCoolTo desired thnt the appropriations bo not allowed umtl the regular mooting , which will bo hold Saturday , The storm nroso when Mr. O'lCooffo's motion to lay It ever until thnt tlmo was lost. Ho then moved that It bo read In detail. Tills appar ently did not gratify the chairman nnd Mr. Anderson. Mr. O'lCeoffa then inquired if there were nny claims In the appropriation that they were nfrnld to bring to light. They rcpdod that there wnto no "dark claims" in thu appropriation , The sheet wns road nml passed. The quarterly report of County Treasurer Uolln for the first tnrco months of the cur rent year , showing the miscellaneous fooH received to bo $223.19 ! , was submitted and re- 'forrod ' to the llmmco committee. M. A. Upton , In n communication , stated that ho had revoked the record of n plat of Upton place , nnd Inul vacated an nllo.y desig nated In the plate. He uskcd the .commis sioners to approve this action , Tha matter wns referred to the Judiciary committee. County Clerk Koclio nsicod the board to appoint an assessor for Douglas precinct. llo stated that , ! oim Toner , who was elected to thnt position last November , had fulled to qualify. The plans nnd specifications for running graders No. 1 nnd No. 'J , which will bo ad vertised by the county clerk , were submit ted. They show how the bids nro to bo made. The finance committee recommended the payment of the following claims : Omnlm Gas Manufacturing company , $170.4:1 : ; C , H. Denny , $30 ; Nebraska Telephone company , WJ ; L. A. Goldsmith , $10 ; Cioigh , SllkwortU & Co. , .50 ; W. H. IJams , MUUI3 ; OMAHA. HUE , $209.43. aim bills were allowed and placed in the general appropriation fund. Mr. Mount introduced the following , which was referred to the county attorney : Resolved , That the county pay the city's part of paving , commencing nt Twentieth nnd Vinton , thence on < Vlr.ton to Twenty- fourth , thcnco on Twenty-fourth to South Omaha ; also on Thirtieth from Bristol north to Florence , to bo paid ns follows : Not to exceed ffl.OOO for eacli street for the year ISS'J. ISS'J.The The amount applies solely to the paving of Twenty-Tom th street to South Omaha , nnd Thirtieth street to Florence. Another Jnnglo was had on adjournment. Mr. Anderson wanted to adjourn until next Wednesday , nnd Mr. O'Kcetto desired to meet again Satuiduy. Ho was victorious on this noint. Put Duffy , who was nrrostod , charged with the burglary of Gill & Pnrtollo's saloon , near Fort Omaha , was discharged yester day. The throe soldiers who were arrested on the same charge , nro still In Jail nnd will bo given n hearing this morning. Tha owners of the saloon do not claim to have any evidence against the mon and the pollco cannot convict them without Purtollo's evi dence. It is reported that the friends of the prisoners' have paid Purtello for the tlvo kegs of beer that were stolen In order to save the soldiers from further trouble. Scat Peddlers and some unscrupulous grocers are offering imitations which they claim to be 1'carl- inc. or-thesameasPearline. " IT'S FALSE- they are not , and besides are dangerous. PEARLINE is never peddled , but Sold by all good grocers. 39 Manufactured only by JAMES 1'Yl.E , New Yorlfc OR , HORNE'S [ leotro-Magnetic Belts ! The Grandest Triumph ol Eloclrlc Science Sci- ' " "McnHy Made and Practically Applied. Gentlemen' * Belt Best SflcntlBe nilb Elcttrie fl'als.DISEASEBUREDWiTHOilT | ! MEDICINES I " Inn In Ilia llHck , lllustltad or J.lmb * . Ni n IT WH-L CURE YOU "JTB - I.umliuzu , Uriicrnl llekllllr. KlirumBtlm _ , . . . - iillwl to any l > ri ol tha body. - " " " - " WHEW ALL ELSE FAILS. ! 'ifB'JTI'WnUJfll C Krrrr nneiwnulmi and mod by pcrmlnlon. JVOI K thn fnllowlnff wlin Imto lieun J IC4 ] IniUnrALO ; UHKI > I-A. J. lluaalanil , H. a. rarkormil J. M. lUilott.ull on Uo&rJ of Trails , CUIra- A. OrtRonr , eutninUilun merchant Mock TnrUii Itii'ld lloblo. tbetfrutt hormunnni A. C. Woodier , 1. U , atUlnblrfuVIlniralo. K , Y.I U. W , Hcllm.Jl. ! > . , Uorinontown.Iow i J.omnel Jllllr.Kankakeo. 111.1 Judt J. IN.Murr jrH iierrllleIII.i C.7. . ALI > attiupl cltjr wntcrworki.lkjuthUCDil. liid i llulit. U.B/iiupion , Ctilcaito ! I.o.tolflcol ! . . ! > . JlcMlcliKtl , M. 1 > . llulTalo , N. Y , "Your bolt l l ocTOnuiIlihr.1 vrli.t no ether rwiPdjr lipvi ] t ailr licrrin Jdcorofortahla l patnlgbt. " Uobl.II.- " alilerman , 1M ) K it5 > lliBtrritNnw Yori. me , , fcgRVOUS PEOPLE. du. tionvs's riJicrno-iiAU' HBTIC IlKLT rmilllrrly carna iTrau.ooottlniKj. ( InarnatMiltHo uajfiiaiTiiiu.NiivaiLilu.iJT- . only uno lntir * trorlUKenBratlDii HU - " , KIIUST anil ciliAU.Ilnn conltnuoni Elcetrto dr J/acmrfM eltoUMOfbuUlNUlk inf. Krlocitlllo. loirtrful , I > ur tJ < r , /oomlorubio u > a r.irtc tlTO. - " .fold fraud * -f , A t ttrr\ uiuran . " " rO.OOOcurmi. BnnaHtaniiiforpajm'hlofc" ; " "PP ' iiKirn you ihuKABiw. JsJJj .p"1 , frco . nm/rin tha KKf-KKKSCKSi- AnT b.nlt , rjimnorclal .itfnry wholeiala huuo KB I frnncUeo au < l Ct tl.CiOO turwl. B ndct up lorllliuuiitej pamulUcU I DR. W. _ J. HORHE . , Inventor , 191 _ . Wabash _ _ _ . Avenue , Chicago. - T ir no riL..rrr * " Tmr r * * * * * fw ? * jw ? SKaJa BBlB" Steam and Hot Water Heating-and Ventilating Apparatus and Supplies. Engines , Boilers , Steam Pumps , Etc. HIMEBAUGH Sc TAYLOR , Hardware and Cutlery , Meciianlcs' lools , Fine Jironza liuiltlort' Cionila and Jlitjfttlo 1405 Douglas St. , Omaha.