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Show VERDICT 'IT GUILTY' 1 THE PHILBIOK MURDER CASE After considering tho Frank; Phil-brook Phil-brook murder case Binco a late hour yesterday afternoon, tho Jury today appeared In Jud Harris' court tor advice respcottag a recommendation of merer in caeaTerdIct of guilty should be rendered. Ths Juryman wanted to know whether It wo5d bs necews&ry for the court to tmpoeVcha life penalty with hard laoor in caae they should recommend meroy In cor. nection with a verdict of guilty of murder in the first degree. The communication caused the court to modify its instructions and offer another form of, verdict The court's observations to'the jury wore as follows: "In answer to the question heretofore hereto-fore submitted by you to the court, tho court charges you that the penalty for first degree murder is death unless un-less you in your verdict recommend that the defendant be imprisoned In the state prison at hard labor for life, and the court, upon such recommendation, recom-mendation, but not otherwise, may in Its discretion Impose a sentence of Imprisonment at hard labor in the state prison for life, but in such event must impose either the death penalty or imprisonment for life. II I 1 1.1- - L 11 - ,A . - aiiu me court iurcuqr witnaraws the form of verdict heretofore submitted sub-mitted to you reading as follows: 'We, the Jury empanelled in the above entitled action, find the defendant, Frank Phllbrook, Guilty of Murder First Degree, as ohargod in the Information, In-formation, with a recommendation for mercy," and herewith hands you another form of verdict to take the place of said form of verdict withdrawn, with-drawn, and reading as follows: "We, the Jury empanelled in the abovo entitled en-titled action, find the defendant, Frank Phllbrook, Guilty of Murder in tho First Degree, as charged In the Information, with a recommendation that tho defendant be imprisoned in the Btate prison at hard labor for life. "But the court charges you that neither by withdrawing the form of verdict heretofore submitted to you nor by the foregoing instruction giv-on giv-on in answer to your inquiry, should you in any wise imply that this Is the form of verdict which you should return, re-turn, but that you are to determine the verdict that you should render in accordance with the instructions given giv-en you by the court and the evidence in tho case. "The Court further withdraws from your consideration the third paragraph para-graph of Instruction numbered 22, being be-ing tho last numbered instruction of the court, said paragraph reading as follows 'Can you find the defendant guilty of murder In the first degree, or guilty of murder in the first degree with a recommendation for mercy, or not guilty, as your deliberations may result, and substitutes therefor the following: "You may find the defendant guilty of murder In the first degree, as charged in the information, or guilty of murder in the first degree, as charged charg-ed in the information, with a recommendation recom-mendation that the defendant be Imprisoned Im-prisoned In the stato prison at hard labor for life, or not guilty, as your deliberations may result." Not Guilty. A few minutes after two o'clock this afternoon tho jury came into court with a verdict of not guilty and. on the order of the court, Frank Phllbrook Phll-brook again became a free man. The jurors wore: David J. Johns, Joseph Bullough. Solomon Shupe, Jesse Fowers, Claude Armstrong, Alex Leatham, C. F. Mort-enson, Mort-enson, F. F. Towns, D. J. Hammon, Thomas England, H. W. Beckett, Sr, and W. A. Peeve. Immediately after the adjournment of court, Phllbrook hastened to grasp the hand of each juryman and to thank him for his consideration. As the clerk read the verdict, Phllbrook's face was pale and he was nervous, but when the reading concluded a broad smile passed over his countenance counten-ance and his face became quite flushed. flush-ed. After leaving tho court room Phllbrook Phll-brook stated that he expected a position posi-tion as a steam shovel engineer with a construction company in grade work on tho Union Pacific, in the vicinity of Echo canyon. He said that he is capable of earning 175 to $200 a month and that he was going to attend at-tend strictly to business. |