Omaha Daily Bee Newspaper, April 11, 1889, Page 2

woman and in the light of inferences drawn by the defense put the most charitablg inter- Bmuuon upon her misdoings, When man- ind comes to administer haman and fallible law, it is counsetled_to perform the duty In its best judgment, The dictates of our own preservation, the well being of society and civilization demand that, until_the human race shall have 8o far progressed in its great evolution as to eliminate crime, wrong doing shall be punished. When the milienium comes, and men and women will not arm themsolves with deadly weapons and shoot down other human beings, and the rights of all are rospected, then i twill be opportune for juries to Say ‘Go and 8in no More.' But, In the meantime it is absolutely neces- sary that the courts protect society by- the punishment of the guilty, have never clamored for conviction and never shall. General Cowin told you that he had no laurels to win in this case. T am surc’that i am not_soeking the conviction of any humen being for the sole purpose of making of the state a storn master, My at. titude is for the protection of society. 1f T should stand othorwise I would ask not only that my namo be stricken from the rolis of the bar of Douglas county, but from those of respectablo society. Tho state has nothing 10 gain by the conviction of an innocent man or woman, On the contrary, the state, 8o- clety, humanity, civilization, everything that goes to the makeup of life, demands that no innocent person shall be contaminated by the garb and surroundings of convicts. “Therefore, all I ask of you is that you weigh carefully the evidence in the case and that you listen attentively to the instructions of the court and apply the facts as you find them to the law And Render a True Verdict thereon. 1f the defendant was of diseased mind at the time of the firing of the fatal shot, on your oaths, and in the protection of humanity and_civilization, you must acquit hor. But, unless there 18 some symptom of a mind deceased, something to indicate that the act was _brought about by disease and not by passion, then, gentiemen of the jur; you cannot in. the discharge of your dut; acquit hor on_that ground. If acauittal to be brought in on what are termed eneral principles, that a person has a right §6 Usurp tho function of law in punishing real or supposed grievances, there would be littlo 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. gentlemen of the jury, I ask that you fairly and impartially consider this case and that, if there exists among you such a doubt as'to the gyilt of the defendant us to denominate reasonable, you will use that presumption of innocence and 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 find her guilty.” At the conclusion of Mr. Mahoney's ad- dress, Judge Groff, in a low voice, yet dis- tinctly audible in all parts of the court room, read the following Instructions to the Jury. The court iustructs the jury: 1. The defendant is informed against as required by law with having, on the 17th day of November, in the yoar 15, within' Doug. 1as county, Nebraska, unlawfully, purposely and feloniously, and of deliberate and pre- meditated malice, assaulted one Henry W. King, jr., purposely andof deliberate and premeditated malice'to kill and murder the said Henry W. King, jr., with a _certain pis- tol then and there charged with gunpowder and one leaden bullet, and that she did in such manner and by such assault kill and murder the said Honry W. 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 lesser offences of nomicide, of murder in the second degree and of manslaughter. Before defining the different degrees of howicide, the court instructs you that every erson accused of crume 15 presumed to be innocent until proven guilty by competent testimony beyond a reasonable doubt; and, before you can find the defendant gullty of any of the grades of homicide as defined in these instructions, you must be satisfied from the evidence beyond a reasonable doubt of her guilt, and if you do not become 8o satisfied beyond @ reasonable doubt, you must acquit. 8, The statute under which the accused is informed against provides that, “If any per- son shall puiposely and of deliberate and premeditated malice kill another, every per- Bon 80 offending shall be deemed guilty of murder i the first degree, and, upon convic tion thereof shall suiter death.” 4. You are further instructed that before the defendant can be convicted of murder in the first degree, you must bo satisfied by the evidence beyond a reasonable doubt, not only that the act of shooting was prompted by alico toward the person whom she is al- leged to have shot, but also that the shooting was done with the specific intent and pur- s then existing in her mind to kill the said enry W. King, jr. Not only must this bo shown, but the state mustgo further, and convince you that her intent to kill was pre- meditated and deliberate, as defined in the next instruction. 5, The court further instructs you that to remeditate weans to think on, to revolve in he mind beforehand, to contrive and design previously; whilo deliberation means to weigh in the mind, to consider the reasons for and against, to reflect upon and consider maturely. 1f, therefore, youstind that the defendant fired the shot and infhicted the wound from which Kiog died, that she was rrompwd by malice, and that she intended 0 kill King, and had in cool blood premedi- tated aud deliborated upon the act and the purpose to take human lifo; if all these ele- ments are found against her and are shown 10 exist beyond any reasonable doubt, then she Is guilly of murder in the first dogree, and such should be your verdict. But, if any one of the forewoing clements necessary to constitute murder in_ the first degree is not proven beyond a_reasonable doubt, then tho efendant cannot be convicted of that degree or grado of homicide, 6. 1 you find, under the foregoing instruc- tions, that the defendant is not guilty of murder in tho first degree, your next in- quiry should bo directed to ascertain 1f she be guilty of murdor in the second degree, The statute defining murder in tho second degree provides that, “If any person shall urposely and maliciously, but without de- Fberacion ana prewmeditation, kill “another, every such person shall be deemed guilty of murder in the second degree, and on convi tion thereof, shall bo imprisoned in the peni- gontiary not less than ten years or during 1ife, in the discretion of the court.” + 7. The court further instructs you that murder in the secord degree is the killing of 8 human being purposely and maliciously, ‘but without deliberation and premeditation, The distinguishing feature of murder in the second degree 1s that the killing 18 done pur- and becauso of malice entertained by ho slayer toward the person whose lite 18 takon. In this case, if you find from the evidence that the defendant, because of a revious malico which she entertained against he deceased, Henry W. King, jr., shot and killed the said King, and that her act was not dono in any sudden passion, proked by some adequate provocation, then she would be guilty of murder in the second degree. But ioe beiuj the essential element which dis- guishes murder in the second degree from anslaughter, you must be satistied from the evidenco beyond any reasonable doubt that the shooting was caused by her malice and dll-feeling previously entertained toward the person whose life she is alloged to have taken, and was not the result of a sudden and vio- Jeut fit of passion provoked by adequate ‘ause and provocation. 8. The court ibstructs the jury that malice 4s defined to be that condition of the mind which shows u heart rogardless of social duty and fatally bent on mischiel, the exist- ence of which condition is inferred from acts done or words spoken; and the court further fustructs you that if you should find that a reasonable provocation was given, and that theact of shooliug was the result of such provocation, then such provocation should bo Bocepted by you as proof tending to show the absence of malice. And in this case, if you uld find from the evidence that the jondant previous to the shooung had T witl "or malicious. feeling {oward deceascd, but that her act was e result of sudden passion aroused by an uit on, her, committed at the time of or t 8 few minutes provious to the shooting, and before & reasonable time for her blood to ool and passion to subside had elapsed, this ‘would be suflicient to jusufy you in nuaml Shat her act of shooung, if you should fin that sho did the -hooun;‘ was not malicious, and she would not be guilty of murder in thé degree, oven though she shot with ho specific iutent and purpose of killing the joccased. lut, on the other band, if xou phould find from the evidenco beyond a reasonable doubt that she did purposely and iciously kill the decased, then she would gullty of murder in tho second degree, | Sl you fad, under e foregoivg lustruc: tions, that the defendant is not guilty of murdor in the flrst or second degree, your next inquiry should be directed to ascertain if she is guilty of manslaughter. The _ statute defining manslaughter provides that, “if any person shall unlaw- fally kill anotner without malice, either upon a sudden quarrel, or unintentionally, while the slayer is in the commission of some un- lawful act,every such person shall be deemed juilty of manslaughter, and, upon convic- tion thereof, shall be imprisoned in the peni- tentiary not more than ten years nor less than one year.” 10. The court instructs you that in this case if you find that the ghot from which King died was fired by thé defendant under the influence of passion produced by an ade- quate or reasonable provocation and before a reasonable time had elapsed for the blood to cool and reason to resume its habitual con- trol, and that such shooting was tho result of temporary excitement by which the control of her reasoning powers was disturbed, rather than any wickedness of heart or reck- lessmress of disposition, then ker offense is manslaughter only, and not murder in the first or second degree. 11. In order to reduce tho crime from mur- der to manslaughter, it is only necessary that the evidence should show that at the time of the shooting the reason of the de- fendant was distracted or obscured by pas- sion to such an extent as would cause an av- erage person of fair, average disposition to act rashly or without due deliberation or re- floction and from passion and anger rather than judgment. 12, The defendant in this case relies upon insanity as ono of her defenses, and the court instructs you that in the absence of evidence to the contrary the law presumes every per- s0n to bo sane, and that the law in this state is that where a aefendant has introduced ev- idence tending to rebut such legal presump- tion, it then becomos incumbent on the state 10 satisfy the jury by competent testimony boyond ~ a reasonable doubt that the alleged crime was not the result of mental disease; and the court imstructs you that if in this case you should find from the testimony of the witness Scott sufiicient evidence tending to rebut the legal prosump- tion of sanity, then it became and was in- cumbent on the state to satisfy you by com- petent testimony beyond a reasonable doubt that the act coniplained of was not produced by mental disease, and that the defendant was, at the time of the commission of the alleged crime sane; and unless so satisfied it wouid be your duty to acquit the defendant. 13. The nature, character and degree of insanity which exoneratesa party from crim- nal responsibility is not casily explained or understood. It is not necessary that it should appear that the defendant at the time of the commission of the act did not know right from wrong as to her acts in general: the inquiry must be dirccted to the act charged; if the defendant’s act in shooting King, if she did shoot bim, was caused by mental disense or unsoundness of the mind which dethroned her reason and judgment with respect to the act; which destroyed her power rationally to comprehend the nature and corsequences of the act; and which, overpowering her will, inevitably forced her to its commission, then she is not in law guilty of any crime and your verdict should be not guilty. Buv, on the other hand,if you believe beyond & reasonable doubt from all the evidence and circumstances in the case that she was in the possession of a rational intelleet or sound wind, or that from some real or fancied injury she allowed her passion to escape coutrol, then, though passion or revenge may for the time have driven reason from its seat and usurped its place and urged the defendant with a force at the moment irresistible to desperate acts, she cannot claim for such acts the protection of insanity. The practical question for you to determine from all the evidence is whether passion and revenge or insanity was the ruling and con- trolling agency which led to the commission of theact. If the shooting was the direct resnit or the offspring of insanity, youshould it; if of passion and revenge, you should If these acts were caused by a dis- eased condition of her mind,which dethroned reason and took from her the power of exer- cising her will, she is not responsible for them; but, if she voluntarily allowed her passion to be indulged until it got temporary control over her, she 1s responsible for the condition into which she thus fell. 14. The defendant claims that 1f she fired the shot which killed Henry W. King, jr., she did 50 in_self-defense, and the court in- structs you, that, if you find she fired the shot which produced ‘his death, and at the time honestly believed and had fair reason to be- lieve from an assault which the said King made upon her, if you shall find an assault was made or was about to be made, upon her, that her life was in imi nent danger, or that she was in iminent dan- ger of suffering great bodily harm at his hands, and had_at’ the time no other means of averting such danger, or had reason to honestly believe that she had not other than by shooting, she was in law justified in 80 shooting, even though she shot with in- tent to take the life of said King. 15. As to the danger mentioned in the pre- ceding instruction and the necessity of the shooting mentioned therein, the defendant, under the law, was herself permitted to judge; nobody else coula judge fer her. The law did not require her to judge infaliibly, nor as you might have judged under the same circumstances. The law only required her to judge honestly, and in such case the law does not with nicety and severity judge of her judgment, nor require you to so judge it. The law does not measure nicely the de gree of force which may be employed by a person who has reason to believe that she is in danger of loss of life or of suffering great bodily 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 danger, or that she was n_immnent danger of great bodily harm, as stated in the preceding instruction, and in the situ- ation supposed in said instruction, and she employed more force than was strictly neces- sary, or resorted to means which may not have been strictly necessary to defend her life or her person from great bodily harm; she was not responsible for so doing unless such forco or such means was so dispropor- tionate to the requirements of the occasion us to show wantonness or a malicious pur- pose to injure the deceased. And in judging of the necessity to use such force us it 18 cluimed was used by the dofendant, you may take into consideration the respective skill and physical force of the parties, and the fact that the deceused was a man and the defendant a woman, aud if the disparity was such that the defendant might houestly 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, the'law justifics her in the employ- ment of such means. 17. ‘The danger mentioned in the preceding instruction need not be real; it is sufficient it it was only apparent, and the defendant had reason to beliove and honestly believed it was real, and shot, us it is alleged she shot, under the honest belief that sho could only avert such dauger by shooting as she did. 13. And in passing upon the question of the judgment of the defendant in having reason to believe and believing that such danger was imminent, you may take into considera- tion the morbid condition of the mind of the defendant, if auy, the nervous condition of the defendant, if any, and the emotional condition of the defendaut, if any, and also extreme nervous exeitement and tension, if there was any, producing in the defendant o belief of the intent of the deceased to com- mit such personal violence; and you may also take into cousideration previous assault ‘or asaaults, if any there wero, upon the de- fendant by the deceased. 19. Under the information in this case you can convict the defendant of murder in the first degree, murder in the second degroe, or manslaughter, as you muy find from the svi- aence bofore 'you she may be guilty of the oue or the other of those crimes; but I should state to you in this counection that the same rule which I have heretofore laid down to you relating to the defendant being entitled to the benetiv of any reasonable doubt you may have of her guilt applies with equal force and should govern you in arriving at the degres of homicide of which you may find hor guilty, and if you baye reasonable doubt of the degree of offense which she is proved guilty, if proved guilty of any, you will only convict her of the lower degreo. 20. Reasonable doubt is not a lictle difiicult to define and make plain, but in regard to the degree of proof which will entitle the prose- cution to & conviction in a criminal case, the ings of the law way be thus briefly Full and satisfactory proof is re quired; no mere weight or preponderance of evidence is sufiicient unless it satisties your minds beyond a reasonable doubt. A reason- able doubt is not a forced or imaginary doubt manufactured, so to speak, from the sympathy of the jury; it is not cap- tious or sought " after, but such a doubt as fairly and reasonably arises in your minds atter a careful cousideration and com- parison of all the evidence iy the case. If, altor such carelul cousideration sad cow- THE OMAHA DAILY BER:{ THURSDAY, APRIL 11. 1889, arison your minds and conselences aro not rmly and abidingly satisfied of the defend- ant's guilt, if yourf judgment wavers and oscillates, if moral certainty is not produced, the presumption of innocence and the chari- ties of the law ooncur in requiring you to give tho prisoner the benefit of the “doubt, and to acquit her. Butif such does not in fact exist, you should find her guliity. You, gentlemen of the jury, are tho ole judges “of the facts in this case, and tho responsibility of determining the guilt or in- nocence of the defendant under the evidence, and the law as laid down by the court, now rests wholly with you. It is proper that this court should say to you that the protec- tion of human life is the most sacred trust committed to the care of the state, and that when a person dies by violence all good citizons desire, and the peace and well boing of the commonwealth demand a most careful examination mto the eause of his death, so that justice may be done, tho innocent exonerated, and the guilty, if any there be, punished. I trust, therefor, gentle- men of the jury, that you will approach the consideration of this case as honest, intéli- gent, thinking men, charged with a respon- sible duty, and actuated solely by a desire to administor justice and render a true verdict according to the evidence and the law as given you by tho court. How They Appeared. During the reading the defendant main- tained a listloss attitude. Her right arm rested upon that of the chair, while her gloved hand supported her head, which was slightly turned on one side. Her eyes were bent upon the carpet from which they were not for an instant removed. At times there was a tearful expressiveness in the features which was not unmixed with remorse and foar. She was listening to the words, but the mind seemed to bo ocenpied With Other Thoughts, What these were, of course could not be divined. Her attorneys sat between her and the judge’s bench, General Cowin lolled easily on the right side of his chair and intently gazed upon the judge as he read his charge. In front of him sat Judge Daldwin with a peculiar expression of doubt and self satis- faction upon his face. His chair was tilte 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 reader and every ear was strained to catch the slichtest sound of the instructions which were to determine the defendant’s fate, . County Attorney Mahoney stepped down to one of the large armchairs and reclined, rather than sat in it, with his head resting upon the upper ridge of the back. His faco was partially turned toward the de fendant and the court. He was thus enabled to comprehend both characters at the same moment. He viewed each, how- ever, without much evidence of interest. The jury seemed in no way moved, some of the members seeming to have comsiderable difficulty in following the readng, couched, though it was in the plainest of Knglish. At the close of the reading of the instruc- tions, Judge Groff turned to the couns nd inquired as to their further dispositio Speaking for defendant, General Cowin said *Your honor, we have no complaint what- ever to make. We are perfectly satistied with the instructions.” Mr, Mahoney said: “I have no desire to enter a single exception.’” It was subsequently learned that both sides had submitted certain points, and that his honor had incorporated all of them in the imstructions. WAITING FOR THE VERDICT. Scenes in the Court Room During the Jury's Absence. The jury then retired at 10:55 under the direction of Bailiff Grebe. Their disappear- ance was followed by a buzz of excitement. Auditors, who had sat almost motionless from early morn, turned to their neighbors, Cach pair of cyes expressed the thought which hundreds crowded into words, *“Will or guilty 2 The strictness of the bailiffs and sherift was relaxed, and a whispered conversation became general through the apartment. The judge remained upon the bench. General Cowin whispered to His Client, Who Arose and 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 more. As she passed these, the witness arew her heavy, black vell over her pallid feutures, while General Cowin 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 80 far as to wager upon the result. Nearly evorybody held that the prisoner would not be convicted, though some felt that a Verdict of Manslaughter would be returned. The auditors, however, had scarcely had time to lize that the jnry had retired for deliberation, when the courwroom experi- enced another scene of excitement, Where the intination came from is not known, but it was whispered in every quarter that the ‘“jury is coming.” Sheriff Coburn was scen at the entrance to the court room ordering people to sit down and remain quiet. Grebe was engaged in the same manner in another part of the room, and finally, as the intimation of the verdict was conveyed to Judge Groff, that gentleman announced That He Wanted Silence and admonished the peopie to indulge in no demonstration. Silence was restored. It was such a silence that the breathing of the interested specta- tors could be distinctly heard, Mr. Coburn signalled to Grebe, The latter disappeared. 1o o minute he roturned, and sure enough he was followed by the jury. The members slowly walked across the court room and filed into Their Accustomed Places n the jury box. Everybody was on the spur of expectation and hundreds of sparkliug, eager oy that their owners expected an acquitta! At this juneture the door of Judge room opened and on the arm of Gen: Cowin the fair defendant appeared, walking into the court to hear ber fate. It was a soloma spectacle, Here was a frail, weak woman, buffeted by the v despised of some, and in tears and weed the man whom her hand had scut u pared into the presence of his maker, enz ing the cavalier and sympathetic att of her able defender. A stifled sob, as she passed tho ladies at the door, reached tl ears, and immediately a dozen handkerchiefs were concealing The Glistening Tears which were welling from kindly and sympa- thetic eyes, The example was contagious. 1t spread throughout the audience, and for the first time during the trial the ladies were not ashamed to pay to the defendant their eloguent tribute of sympathy and love. The lady was escorted to her r, and General Cowin placed his chair near her to support her in the eventof being overcome by the excitement. It was just 11 o'clock and the jury had been out five minutes, “Make way there, please,” said Sheriff Coburn to a crowd which occupicd the west art of Judge Groff's bench, through which “rank Moores, the Herculean clerk, was en- deavoring to force & passage. Clerk Mooras called the names of the jurors and ocach man answered his nawme in @ full and firm voice, “Gentlomen, have you agreed upon a ver- diet?” inquired the cierk. We have,” rosponded the foreman, The document was hauded to the clevk, who read it aloud. It was of the formulury order for such cases provided and concluded, with the words *we find the defendant not guilty,” These words were shot forth with em- phasis, and in an instant Like the kiring of a Mine, the court room was in a confusion, The pent- up feeling of & thousand sympathizers broke forth in one long, loud screawm aad cheer. Men and women spraug to their feet, Handkerchiefs were waved. Hats were thrown in the air, Strong men thraw them s into each other's arms and hundreds of women shed tears of joy. Radiaut coun- tonances everywhere bespoke the feeling of satisfaction which the verdict occasioned. Neither Judge Groff uor tho oficers of the court_attewpted to restrain the demoustra- tion of approval. At length, however, it sub- dued, and Clerk Moores polled the jury, snd the verdicy Became a Solid Fact, Just a8 tue clerk commenced w read the finding, General Cosyin extended his left arm around the shoulders of the prisoner. The latter’s face waspartially obscured by her handkerchief, bug the part which was = dis- closed was more than_usually pale. When the st cheering vords were read, tho pris- oner's head fell npon the general's shoulder, as if overcomo by the announcement. The face turned ghastly but the instant bocamy with a deep red _ alow, if tho blood of her bodywere seeking lodgment there. And then the Tears Bogan to Pall. They. foll fast' and copiously. General Cowin smiled, lo6ked happy, whispered a few words to the ‘prisoner, shook hands and congratulated het. ‘dudge Baldwin emulated the example of the Yeading council, “Will you please make a formal order of dismissal 1" asked tho genoral of the court. The judge complied with tho request and Lizzie Bicchler passed out of the hands of the authorities into the freedom of every day life. he court expressed himself as pleased with tho verdict. The Dofendant Was Overwhelmed with congratulations, and was again escorted to tho judge's room, whore she remaned closeted for some time with her counsel, Sheriff Coburn mounting guard at the en- trance. THE CAPTIVE FREE, How Miss Biechlor Enjoyed the First Mo ts of Laborty. After Sheriff Coburn led Miss Biechler into the private room and gave her some stimulants, she soon recovered and mani fested a desire to know what was going on outside. By this time a great throng had surrounded the door eager to get anothar look at the little woman. General Cowin came out and said sho wanted to meet the reporters, and they were admitted. She shook hands with and thanked all of them. Then came the jurymen, allof whom had words of consolation for her, and, grasping each by the hand, she exclaimed: “Oh, how can I evor thauk you, men, for what you have done. From the day I met Harry until now T huve had, you don’t know now much trouble!” When the jury retired Sheriff Coburn said 10 Miss Biechler: ““There is a number of ladies who want to come in and congratulate you." “I will be awfully glad to meet them,” she exclaimed. The scene that followed for five minutes was very affecting. The ladies were so choked with emotion that hardly any of them could utter an audible sentence. They all wept, Embraced and Rissed her. The crowd outside clamored for admis- sion. Again Sherlff Coburn came in and szid to the little woman: “These men are as anxious to shake you by thehandas the women,” In the midst of the excitement she turned to Judge Baldwin and inquired whether any body had telegraphed tho good news to her moth “Yes, indeed, that ma tended to,” was the rep ‘I am glad ot that, because it will g relieve her,” “How d asked a Bre reporter. “Oh, I don't know.}! “Do you feel happy { “Yes, I do, and yot, T don’t know what to gentle- tter has been at- tly u feel mow, Miss Biechler?” Then she buried, har face in the white handkerchief and sobbed, It 1s more than I can stand.”” ¢ Do you feel difforent from wha ny time since this trouble you have commenced ! D I can’t say that 1 do, and yet 1 am happy.”’ The poor woman was so beside herself that she could hardly roalize what it all meant. Sheritf Coburn then, a her to Judge court. yroom, she held a ce and regeived the conzratulations of the crowd that pass cough in a pro- sion. The me ds with her and the women kissed he An Aged Colored Lndy fairly lifted her from tho floor and shouted Gad biess you, my child.” Being w % and: Taint, the tions we! hard on he ordeal nobly, and to th would say: “Lam s Direc to Coburn, i ze had ar- rived to convey her to the hotel, and that of- ficer so informed her, but she objected to going, “Ihust go back home flesti" “Why, you huye no home, . “T moan back to the jail. home.” Vot any more my dear grl,” interjected a tall, matrouly female, whosé eyes were swimming in tears, “But I must go back there and pac my things.” . “We will attond to that for you,” said the sheriff. “Oh'T am looking clothes and must ¢ where."” Nothing could dis pose, and back to the After arriving thero, she fell on her cell cot_completely exhausted, and in less than five minutes was sound asicep. For two days and nights she had not closod hor eges. Nat Brown, of the Merchants hotol, has i room at her disposal 1 his house, and says she can stay there free of charge as long as she remains in Omaha. At one time, Miss Biechler wanted to leav for Cleveland this afternoon, buv her attor- neys would not permit 1%, JUDGE AND JURY, demonstra- ', but she stood the whom she knew That is my up o dirty in these old ange before going any- 1ade her from her pur- ailshe went. “This is the gr undergone,” said Judge Grof, after he had given his i jnry, and had emerged fr tice, which lie has constantly oceup! ing the seven days’ trial of Miss Bi “Sinca I have been on the judicial beneh for this district [ have never scen such crowds of curious people as on this occasion. They iS to Se2 a poor woman o, and to hear what the for and against her. I and trust | wil never a similar ¢ The prosecution has done credit to itself, and the defense was ably conducted. Twas zlad to se the casoe get'to the jury, and was in hopes tnat it would got out in his deliberations Tuosday night, but the prosecution wunted another bour, and s everybody—that 15, the jury and counsel—favored an adjournment until to-day, it was perhaps better to nnish up this morn- ing. A “The woman’s life 4 ow in the hands of the jury. You will know whether she will live, £0 10 the penitentinry, or have her free- dow if you remain around’ the court long enough, if the jury does not disagrey “Chis is the fourth murder case has been tried before Judge - Groff. The first one was the state against Vollmer, who killed a man named Dwyer. This was about eighteen months ago. Vollmer was convicted bf manslaughter and was given a heavy sonteuce, but he is now languishing in_the cotnty jail awaiting new trial. The seéonil ‘murderer tried be- fore the judge was William Ferguson, 8 negro who stiot and kiled a Swede named Ol Oleson in the becy saloon at the corner of Fourteenth and Hodge stroets. ¥or the arder, which was ¢lafmed to be accidental, the negro received a stntence in the state's prison of fiftcon yeats. The next mur- der within Judge Groff's jurisdiction, and which created much excitement at tho time, was that of Frank Ryau, who shot and kiled Mrs, Helen Howard in a wine room attachment to a saloon on the corner of Wourteenth and Dodge streets, just oppbsite the ocer place in which Oleson was mur- dered. Ryan, as will be remembered, was acquitted on the ground of accidental shoot- ing. “The twolve men in whose hands the life of Labbie Biechler hung as in @ balance, wero scomingly @as happy as she herself. When the little womau burst into sobs after the anunouncement of the verdict, tears of honest sympathy, in no- wise unmanly, rolled down' their checks. There scomed Lo be 0o Wan amongst thew who did not feel that he had doue his duty rightl; T home to the wife and little ones now with a cience,” said big, hon- est Farmer Shipley, “and [ know that’ they will feel none the worse if the fruit trees that lie shriveled i the depot don't bud and blassom and bear fruit. During all this loug trial 1 kuow they bave been readiug of that privitely, early worn out, little woman there and hoping papa wouldn't hflfi to hang her.” Charley \seflordnhl was #tll wiping tears from his eycs, and so was Frank Wagnor, Morris Morrison and John Hensen looked solemn and yet thore was a light begotten of joy shining from their oyes, Frank Wagner grasped Miss Bicchlor's hand. The Teuton’s eyes wero suffused with tears, his voico was husky with emotion. “RBloss you, bless you, littlo child,” eaid. “May the good God keep you. good.” Thoy will probably nevor sce Miss Biechlor, again butthe memory of that last sceno in this epoch of their life will ever be with them,and from one hoart at_least, so long as it shall throb, prayers willascond to heaven for them aud for theirs, The jury did not care to talk about the case, or how thay were affected by the evi- donc Asone of them said, It is over now; Tet it rest.” They all left the court house soon after shaking hands with Miss Biechlor. Coming away from the building Juror Shipley said he had voted as he did on the grounds that he considered Miss Biechlor insane, and even if she was not, he thought she killed King in self-defense, Ho said also that the killing was not proven, There was no disoussion in the jury room whatever. Only one ballot was taken and every vote was for acquittal. ho Be Sheriff Coburn. Sheriff Coburn said he was mora than glad tho trial was over. He has been worried nearly to distraction during its progross trying to fnd room to stow away the thou sands of spectators. Two extra bailiffs, mak- ing six in all, were employod to keep order and_attend the doors. The shariff said that lie thought the attendance during tho trial had been largor than at any other murder case in tho lustory of the county. The ox- pouse, he said, would be comparativ lignt, ““What do you think of tho verdict?’ was asked. Oh, T am always satisfied with the ver- dict of a jury,” roturncd he, but it appear- ances go for anything, tho sheriff was more than satisfled with the one returned in this case. WAKING THOUGHTS. Miss Bicchler's Mina Begins to Com- prehend Her Situation. Miss Biechlor was scon about 2 o'elock at her quarters in the connty jail. That mys- terious ar which, during her long confine- ment, served as an excuse for Joe Miller and his assistants to keep all visitors at a distauce and prevent communication with her, had totally disappeared. When the reporter entered tho jail the heavy iron door was swwuag open and Miss Biech was discovered on the balcony chatting with a lndy caller. Aftor a sleep of an hour and a half tho lit tle. woman arose greatl) refreshed, and discarded her ne robe for a light colored wrapper. Not until after her slumber, did she seem to fully realize the fact that the bolts had been turned back, and that no barriers remained betw 1 her and the free- dom of the world. Her reply to all inquirics as to her condition wer “Ob, 1 am very happy, and the first time in many years.” She manifested no _disposition to hurry away from the jail, and talked about remain- ing thero all night, It was learned that she has offers from tho Paxton people to come there and remain_as therr guest until ready to leave th and from Laudlord Brown, of the Merch which is elsewhere referred to. Mr. and Mrs. E. Brown, of St. P; are staymg at the Murray, have invitad her to come to that hotel as ' their guest. But she has not decided whicn of these offers to accept. for e Bee's Bxira Editions, #§Ten minutes after ¢ he verdicthad been an- nounced Tii Bik was upon the streets with a full account of this morning’s procecdings in the celebrated cas In this bit of enterprise Tur Bz was one hour ahead of all would-be competitors, and was the only paper to publish in full the mas- terly charge of Judge off to the jury. Other Omaha dailies have Tir Bee's con- sent to copy it from our columns, Up to the hour of going to press with the regular edition over 2400 Ber extras had been sold upon the streets of Omaha, Throughout the entire trial Tue Ber's re- ports have been pre-eminently, the best. other Omaha daily attempted to giv batim stenographic report of the principa wrguments of counsel. and no other daily could give the compl nd adejuato ports which Tue Ber daily presented beforo its roaders. ‘e pubtic appreciate vhis fuily as is evidenced by the sales, which were greater than those of all competitors. Tug BEE is a newspaper. MINO I} CASES. Yesterday's Litigants Before the Va- rious Bars of Justice. Judge Wakeley heard the case of 5. W. Bockstrom agamst tho hardware firm of Nissen, Alford & Co. yesterday afternoon. Tne plaintiff brought the suit to recover 000 damages by reason of being accident- ally shot by Georgo Nissen April 3, 1558, while in the employ of the firm. Nissen was tandling the revolver from which the shot was fired. ‘Phe ball passed through Bock strom’s ieft lo r the thigh. Tho evi- dence was concluded and the case will go to thej ury to-da; Aunna Maria Dickoy filed a bill in the dis- trict court yesterday for divorce from her husband George W. She wants a separa- tion on the grounds of non-support. e m ed August 21, 1830, at Norwallk, 1. On_account of her husbind’s laziness she has had to support herself by working as domestic in restaurants and h 1s. Be- cause he could not extort moncy from her, lleges that he has set afloat slanderous concerning hor character. unt of this she has lost one position i ity to provide a maintenance is endan, sho asserts, Tho wife ulso asks for th toration of her maiden name, Auna Maria Black. The plaintiff in_the case of 7 man against H, B, Cq Bow- eraict "his is the JIph; mount, sho s salo of a lot. In_the case of George H. Bailey ay £. Mayne and Dol Cunningham, the plaintiff was givon a wordict for #4,337.04, This amount was duo promissory note, The marital relations cxisting between : r Patton have not boen very wife, She commeuced suit yesterday for divorce, alleging that on uc- count of her husband’s i1l troatment she had a misear Febraary 24, and that sho was without food or f The wife's other alle: gations for legal separation are cruelty and non-support, Aside from the divorce she wants alimony The jury in the case of F. A. Putnam i Mayne gave the plaintill a ver- 0. Elwer W. Davis applied to the district court yesterday for an injunction restraining Henry Hompin, Kiug Brothers and the Chi- cago, Burlingion & Quiney railway company from proceeding any further in the attach- ment suit amounting to §24.40. inst C, County Courr, The following judgments were rendered yesterday in the county court: Baak of Omaha vs Justisen, for €311.87; Cook, et ai vs Higgins, for $49.36; Stratton vs Haunoo, for possession of replevined property. €, H. Sloman entered suit against William 73, Murray to recover §02 on & prowmissory note. John F. for SICK HEADAGRE Positively cured by these Little Pills, They also relieve Dis tress fro'a Dyspepala, 1n- aigestion and Too Hoarty! Eallng. A fect, rem-| edy for Dizsness, Nausca Drowsiness, Bad Tastol in the Mouth, Coated) Tongue, Pain tn the Stde) 'TORPID LIVER. They regulate the Bowels. Purely Vegetable, SMALL PILL. SMALL DOSE. SMALL PRICE, lack sued George W. Buck #308 on promissory notos. Milton 8. Lindsay was sued by Joseph Barker for $300 on a note. Paters & Calhoun company, of Newark, N. J., brought suit against Mitchell & Haines to recover 8501.75 on a bill of merchandise, It 1s & Curious Faot That the body is n8w more susceptible to benefit from medicine than at and othor season. Henco the importance of taking Hood’s Sarsaparilla now, when it will do you the most good. It is really wondorful for purifying and on- riching the blood, creating an anpotite, and giving o healthy tone to the whole Be sure to get Hood’ Sarsa- hich is peculiar to itself. KILLED BY A STEET CAR. Horrible Injaries Inflicted Upon an Unfortanate O1d Woman, Mss. Mary A, Goodson, an old lady, was run over by a horse car on the 'arnam street line at the Twelfth stroot crossing last night, and received injuries that will, in all proba- bility, prove fatal. Tho accident happened at 8:45 o'clock. C. L. Oakford, the driver of the car, was looking out for the motor which crosses on Twelfth street at that time, and did not see the woman until she was under the horses' feet. He stopped the car as soon as possible, but not uutil the front wheel had passed over the right leg of the unfortu nate woman, breaking it in two places. The woman was d to Neimeyor's restau rant at 1015 Harney streot, where she had been at work, but was shortly afterwards ry moved to the hospital. Her right thigh w found to be broken and her hip badly crushed. The injured woman is fifty-eight years of age and has a_ddughter, thirteen years of age, living at Savatoga. Oakford, the driver of the car, was arrested. Wants Back His Permit. The license commission mot yesterday afternoon to consider the application of James Hajek, whose liconse was recently revoked for selling whisky to a police spy, for a permit to sell liguor. The matter was considercd in executive session. The result was not announced. ¢ A Manafacturing Company. The Bohn Sash and Door company, with a capital stock of $100,000, filed articles of in- corporation yesterday with the county clerk. The purpose of the concern is to manufac- ture, construct and repair buildings. The company is organized for an existenco of thirty years. The incorporators are Conrad Bonn, William G. Bobn and Willlam B. Birge. Pears’ soap secures a beautiful com- plexion. ——— John Goes Free. John Boyle, who was arrested about a yi ago and figured in a two-hours' fight with Sergeant Ormsby in the patrol wagon, with the team running away, was in jail yesterday charged with being drunk., The policeman who arrested him failed to appear for the prosecution, and Boyle was discharged, Beecham Pills cures nervous and billious ii. Pubiic Works. The board of public works yesterday granted to the Omaha motor company per- mission to lay aside track on Seventcenth street, from Izard to Clark. The Omaba street railway company askoed permission to lay a double track on Sixteenth sire:t, from Viuton north to the viaduct. COUNTY COMMISSIONERS, Betwoen Wrangles They Manage to Transact Considerable Businoss, At yosterday afternoon’s meoting of tho board of county commissioners Chairman Mount and Member O'Keeffe got into one of their weokly squabblos over the passage of an approvriation of §2,450.18 for expenses in- curred by the county. Tho latter used somo boisterous talk, saying that the mocting was not being held to make appropriations, but had boen called for the purpose of hoaring County Attorney Mahoney's opinion on tho legality of the resolution which was roferred 10 the county’s legal adviser at last Satur- dag's meeting of the board. Mr, O'Koefte desired that tho appropriations be not allowed unitl the rogular mecting, which will be held Saturday. The storm arose when Mr. O'Keeffe's motion to lay it over until that timo was lost. He then moved that it be read in detail. This appar- ently did not gratify the ohairman and Mr, Aunderson. Mr. O'Koeffe then inquired if there wero any claims in_the appropriation that they were afraid to bring to light. They repiied that thore wore no “‘dark claims' in the appropriation. The sheet was road aud passed. The quarterly report of County Treasurer Bolln for the first threo months of the cur- rent year, showing the miscollancous fees received to be §225.20, was submitted and re- ferred to tho finance committoo. M. A. Upton, ina communication, stated that ho had revoked the record of a plat of Upton place, and had vacated an aliey desig: nated in the plate. He asked the commis- sioners to approve this action. The matter was referred to the judiciary committee, County Clerk Rochio asked tho board to appoint an_ussessor for Douglas precinct. Ho stated that Jonn Toner, who was olectod to thut position last November, had failed to qualify. The plans and specifications for running graders No. 1 and No. 3, which will be ad- vertised by the county clerk, woro submit- ted. They show how the bids are to bo made. The finance committeo recommended the payment of the following claims: Omaha Gas Manufacturing company, $170.43; C. B. Denny, $36; Nebraska Telephone company, L. A. Goldsmith, §10; Creigh, Silkworth W. H. Tjams, $218.03; O .43, The bills wore 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 at Twentioth and Vinton, thence on Vinton to Twenty- fourth, thence on Twénty-fourth to South Omaba: aiso on Thirtieth from Bristol north to Florence, to be paid us follows: Not to waml £5,000 for each street for the year 880, The amount applies so Twenty-fourth street to South Omaha, and Thirticth street to Florence. Another jangls was had on adjournment. Mr. Auderson wanted to adjourn until next Wednesday, and Mr. O'Keeffo desired to meet agam Saturday. He was victorious on s point. y to the paving of y Charges. rested, charged with the burglary of Gill & Purtelle’s saloon, near Fort Omaha, was discharged yester- day. The three soldiers who were arrested on the same charge, are still in jail and will be given a hearing this wmorning. The owners of the saloon do not claim to have any evidence against the men and the polica cannot convict them without Purtolle's evi- dence. It is reported that the friends of the prisoners’ have paid Purtelle for the five kegs of beer that were stolen in order to save the soldiers from further troublo. > it T Y9 g > ; v' Beware they are not, and besi: s0ld by all good grocers. ine, 139 Peddlers and some unscrupulous grocers are offering imitations which they claim to be Pearl- or “the same as Pearline,” IT'S FALSE— s are dangerous, PEARLINE is never peddled, but Musufactured only by JAMES PYLE, New Yorl Gentlemion’s Belt with Elestric — Buspensory, Box nie Beits,DIS CURE YOU Belutica, eart Disous e, Fopll 18 Juse what o ‘tam(ly can wear i and enros TESTIMONIALS 07" A Gregory, cominiasion b 15 Main Bireot, Buialo. N Mureay, Nagoreille post oiice] L . MeMio “teady norves and oo o h{ 5 B o et iy guredly 60alys byBey ostra- oras's 7: _%’.-‘-.u- oy st i s oL eonerat scontinuoun Zleotrio rrent, Bclontitio, Fowertai, Dyrably, ‘wnd B Avaid tra um, Bidtachy for 16 HEL SEABE o0 tatiy LLTR FOI Franciseo and Chicago HDR. W. J. HORNE, Inventor, | ‘s of Kidneys, o commorcial agoney. or 60 wholesats dbgioe as fixfi"fl". entifically Made and Practically Applied- EASE CURED WITHOUT MEDICINES ve you Pains in the Buck, Bt Lymbuzo, Goi e are: lpensea, Dobl, ti montown, Towa uth ond, Ing nceompliabo r*nnnumb st 39h Btrect, Now Yor ERVOUS PEOPLE. L otricity. GUARANPAND tho joae sotonstfle power(ul, de 1AL RLBCTRIE RKLT In' thio ompanle :1‘.’5‘;;.'"2'#7.‘; .-:'Em i R0y ured " fond AAra for iLustsated Dampiice 9| Wabash Avenue, Chica Steam and Hot Water Heating and Ventilating Apparatus and Supplies. Engines, Boilers, S " HIMEBAUGH team Pumps, Etc. & TAYLOR, Hardware and Cutlery, Mechanics’ Loals, Fine Bronze Bu itdors’ Goods and Bujale Sculos 1405 Douglas St.,, Omaha,