Show BOUL HAS BEEN ACQUITTED AWE tho the jury did so after two I 1 hours of balloting VERDICT GREETED WITH CHEERS CHEER the defendant will not be release released but will be examined on monday as to his sanity just before 5 last evening tho the fury jury in in the tile bore murder case returned a verdict of not guilty as charged in the tile indictment the ground sor for the aca acq acquittal being insanity borel was remanded to the tile care of the united states marshal pend pending in an all exam examination as to if ins is sani sanity ty the verdict seems to meet with avith public approval mr allison commenced ina his clos closing argument a few minutes after 91 9 30 yesterday morning tile attorney at once nce took up the arguments made by and rhodes dila dilated tedon on what he called their inconsistencies Elsten cies and made a aery very strong play upon tile sentiment expressed by ahmes up khoder in in the use of the words 1 I would to god there were more eugene E ne borels barels Bor els that they might put out of U F the t 0 nay way the bunco steer ers when the law has failed mr allison went somewhat out ot of the case ease and told of the tile I 1 many efforts w tieh had been made by the city officials and the district attorney to secure the conviction of lewis I 1 it was not the business of the then acting district attorney to prosecute that case ca a e it was simaly a misdemeanor and tile county officials should have taken the case in hand the district attorney should do nothing more than lie did under tho the circumstances on account of the lack of evidence against lewis the county attorney should have prosecuted I 1 that case for the first timo time during the trial of V the case except when on the witness I 1 stand borel spoke ex excitedly cit edly exclaiming you should have said so then fig mr ir back was turned toward the defendant and the exclamation par escaped him when he turned to ascertain the source of the remark borel had settled back into ins his usual position mr allison then went on and explained liow low tho the officials of the ogden state bink bank had professed iz uno norance ranco of the person who w ho cashed borels check and how no witnesses except the defendant could be secured at the time of the hearing 1 before judge bishop I 1 in I 1 closing mr allison made a most earnest plea for a verdict under it the le indictment and testimony and made a vigorous vigorous attack upon the appeals of the attorneys forthe for the defense juda audgo Ala maginnis ginnis objected to counsel appealing appealing to alio prejudices of the jurors but was wag overruled by the court mr allison continued andraid an 1 said it was apparent that several of the jurors had made up their minds before the arguments had been made and even before all the testimony was all in in standing andins et their oaths to stand between ell tile commonwealth and the tile criminal at the bar gentlemen let lot me appeal to you eaid said the actor attorney ey to remember your oaths throw aside your 5 our prejudices f regarding tins this class of men call called orrt bunco and remember all that eugene borel has done through all those long years remember his actions in the court 7 room and his language on the witness stand and in ads gods name gentlemen ca can 11 you yon tell me on your oaths that you can acquit tins this man and turn him loose on the tile community again think of the forethought and think of his ills action in caitlin waiting until lewis had turn turned ed hi ira 8 back and na then commenced firing bullets into the body W hy ran can a man laboring labo under tile of mania turn upon ins ilia victim and in anger say you a of a b you 5 ou baa e got my money remember all of his actions after and at tile time of tile the killing and tell me that that was w as mania do you mean to say bv your verdict that augene borel did right in the killing of george lewis and then turn him loose upon upon lie tile comm community u anity to remote remove the other four men he lie still has four on oil his list it wag was just 12 1230 30 when mr ir allson allison finished his ills argument winch which all admitted was an extremely able one and after some discussion discue sion regarding the blink blank forma forms of the v verdict to bo be submitted to the jury the defense making objection to several se oral court adjourned until 2 promptly at rt 2 the court convened and the judge at once began to deliver his ills charge which was one of the ablest ever delivered to a jury from the tile lenth inch of the tile fourth district court the 0 delivery of the charge consumed nearly an hour and tho courts remarks were Joll followed owed with tile closest attention by both the iury jury and the immense crowd of citizens and arid attorney which filled the tile judicial chambers almost to suffocation among amoni the tile gathering were yere a great number of ladies adies the charge cov covered erad cv every cry phase of the case in in a most concise conciso manner a and 11 d the tile law was delivered in a it very plain plait 1 and comprehensive stylo style in regard to the sanity phase of tile case the court charged that it if the verdict erdic was not guilty the jury should certify that the tile gro ground nd for acquittal was the insanity of tho the defendant at the time lie fired tile atal shot these instructions were in accordance with tho the statute pissed by tho last legislature for the tile purpose of remedying the evil of turning loose on the community persona persons acquitted of on the ground of insanity and providing providing for their sate safe keeping tile defense objected to the court making finch much a EL charge and a lively discussion ensued but the court ruled that the objectionable part of alie charge wai was all right and the case we went 11 t to the jury at 2 55 at 4 45 the jury in tile borel murder case came in in and rendered the following follow ing verdict we the tile jury em paneled inthea bovo entitled action find tho the defendant 3 ugene borel not guilty as charged in in tho tile indictment by reason of insanity foreman it tho the verd verdict act wae with received with hearty cheers from the spectators and hearty congratulations from counsel and others judge miner ordered eliat lk borel ire bo be 0 held in custody till a proper examination bo be bad aa as to ina his sanity borel made litt little to manifestation of gratification as to tile verdict however he told a STANDARD reporter that lie was very much vl pleased eased but not surprised OTHER CASES pending rending the verdict of the jury in in tile borel case judge miner called tile case of tile people vs frank miller who wa was a indict indicted bd aa as jolin doe flynn before tile case was opened the counsel in lit the bear I 1 canal case argued tor for an nit immediate hearing tina tills caso case had been set tor for june ad but tho the senior counsel were on from kansas kanat is city and urged ur 9 ed to bo be heird he ard sooner judge maginnis of the O 0 opposing ing counsel objected aa as he had I 1 bad agn no time to prepare pre pare the caad case there thero was considerable legal sparring I 1 indulged fl in 1 be by y ae ears Ila maginnis ginnis and E evans v a n a and 1 beardsley d of ol kan kansas city judge edg e 4 de n r decided deeby t to gi give ve a heri hearing aj n th tho demurrer urr er F friday night may blay the follo fo Howins wInZ jurors were sworn on the tile miller case mcgaw van ian D dyke e james burrup E it ridgley 1 niels yi el carlson 0 IV benson 0 C robinson F J moody 13 A bowman richard hill I 1 E S morton and arid georgo george bune miller is ayoung a young man who is accused of having stolen a bay horse and saddle from john spiers on march esth ot of tins this year at spiers is i sa a el lee of which vocation prosecutor al alii ri eon son caused no little merriment in calling in especial attention to it spiers c claimed la i med the horse and saddle w was is taken on the night of bearch ath from ilia his stack yards and 3 miller was subsequently arrested by deputy sheriff thomas G brown miller had the horse at and d ead sad dio dlo in ilia his possession when arrested attorney loar defended the youth aho who vho is only 17 years of age the tile judge charged the jury who returned in a few minutes with a verdict of guilty recommending om mending that the boy bo be sent to the tile reform school judge miner aliner gave miller a good fatherly talk and sentenced to one year in the penitentiary attorney horn counsel tor for henry stander recently convicted of adultery appeared before the court and made an art extensive argument for a new trial on oil the tile following grounds first errors in law occurring at the trial and ace excepted 0 d to toby by the tile defendant a biscon miscon misconduct d uc t o of I 1 the court in ordering the arrest of the tile witness sina neilson bl misconduct of the court in making the statement in the presence of tile jury to wit that it was ve very ry manifest to all present that tho the witness sina keilson neilson and two witnesses had committed wilful and corrupt perjury e r ry c misconduct of the counsel for for rit the tle prosecution in making statements in tile presence pre since of the jury that tho the witness nielson and other witnesses had testified to certain facts before the frand grand jury jur yand and that they were committing pe perjury rj t lr y S second e c oi i d misdirection mis direction by tho the court in its charge jury a the court erred in chafing charging the jury that if defendant dantwan was gui guilty ity it was their d duty uty to return a verdict of guilty third the verdict is contrad contrary y to law and the evidence a there is ia no evidence to corroborate ti alio I 1 0 accomplice b there ia is no evidence showing bowing 8 that the crime of adultery was committed these arguments were advanced by the defendants counsel and find replied to by the prosecution judge miner iliner sentenced stander to four months in tile p penitentiary en it ent iary tho tile defense were allowed ten days to file their notice of intentions thomas newy who was arrested tho tile other day for passing remarks remark sin in reference to borels guilt in the presence of the jury was discharged on account of evidence eliat he made any I 1 improper r roper remarks borela examination for ean sanity ity wib take place on monday at 10 a m |