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Show KENWOOD CASE GOES TOJHE JURY Judge Whitford Instructs There Can Be No Manslaughter Man-slaughter Verdict DENVER, Juno 88. "There ja no manslaughter in thia ease," impressively impres-sively said District Judge Greeley M. Whitford in reading the instruction to the jury in the rase of Frank 11. Hen-wood Hen-wood thia morning. The court eharged the jury that there were but three possible verdicts in the case, first degree murder, second sec-ond degree murder and acquittal. The jury was also directed that should its verdiet be first degree murder mur-der a penalty should be fixed either of life imprisonment or death. Should the verdict be second degree murder tne court itself imposes the pedalty. which, under the Colorado statute, is from tea years to life imprisonment. The elimination of manslaughter from the ease caused Attorney. John T. Bottom, for the defense, to take exceptions. ex-ceptions. He stated to the court that he believed thia should hav been in-eluded. in-eluded. Judge Whitford spent fifty minutes in reading his instructions, emphasic-ing emphasic-ing the paragraphs defining justifiable homicide and self defense and murderous murder-ous intent. Denning First Degree Murder. The jury was charged that a shot fired with malice and premeditation, death resulting, although the shot was not directed against the 'person killed, constituted a crime of first degree murder. mur-der. In other words, the accidental killing of D. E. Copeland, for wbieb Hen wood is being tried, by a bullet intended for Sylvester L. Von Phnl, justifies jus-tifies a verdict of first degree murder, providing that Hen wood intended maliciously ma-liciously and premeditatedly to take Von Phul's life. Tho court rharged the jury that evidence evi-dence of threats and gunplays on the part of Von Phul against Henwood, or previous qusrrels between them, waa admissible only to show the condition of Von Phul 'a mind at the time they occurred; that when Von Phul knocked Henwood down ia the barroom of the Brown Palace hotel, which was followed fol-lowed by Henwood firing the fatal snots, but made no further attacks, and Henwood then fired, there was no self defense, and if Henwood fired "deliberately and maliciously" the crime was first degree murder. -Previous to the reading of the instructions in-structions the eonrt permitted Attorney Attor-ney Bnttoin to recall Henwood to the stand for the purpose of identifying the so culled "Mable" letter supposed to have been written by Von Phul from the Baltimore hotel In Kansas City. The letter wss ruled out yesterday and the court reaffirmed this actioa. Assistant District Attorney John Home "hi lea opened the argument for the prosecution with a denunciation of Henwood as the "destroyer" of the home of John W. Hprlnger. a wealthy Denver banker. He deprecated the "maudlin public sentiment sen-timent that would turn murderers loose to prey upon the public." and pictured Henwood sa a s-lf constituted "hero and protector, who was taken Into the bosom of the fsmlly of John Hprlnger. Introduced to his wife, took advantage of hla kindly courtesies and then destroyed the Hprlnger Hprlng-er home." Mr. ("title aaserteo' thai the firing tipoe Von Phul. which resulted In Von Phul's and Copetand's death, was the work of a man flrcl hy jealousy. "He had Illicit- relations with Mrs. Hprlnger," said Mr. fhllea, "snd he was afraid that Von Phul stand high In th affections of that fair creature." Therefore, There-fore, he declared. Henwood wanted Von Phul ouf of the way. |
