| Show LIFE i IS IN HANDS HAD t Of THE JURY I I Panel of Twelve Men Locked JUp Up for Night After Failing l' l p r During Early Hours of Evento Evening Evening Even Even- ing to Reach Agreement I 1 OMEN IN TEARS LEND TRIAL SOMBER SETTING it Concluding Arguments in Case a District Attorney Leather- Leather Leatherwood wood Mood Impales Alleged MurIe Murderer Mur- Mur derer on Shafts of Oratory Ie t INAL PLEA BY DEFENSE t i i Ij 1 HE fate of Elmer L. L Dewey now nov 1 L rests with ith a jury of twelve twel men inca hose iose ase duty it is to determine his bis J wilt in or ir innocence of the murder of oft I ergeant b ant t J. J Henry Johnston of or the I cal police force at the Albert hotel 1 the early morning of J July nl 5 of this car The Thc case was as given to the jur jury r at 20 o'clock yesterday afternoon and been reached at ai to o having I ii l I o'clock last night the jurors were I eked up lP for the night A verdict i t a disagreement di may llla be expected e is his us I morning The The fact tact that the jur jury was out five fI fours ours OUIS and tort forty minutes before beton being up J p for the night without nn any r gna ens belli being given Riven i en of definite progress oward agreement was taken to ate ite te that there Is c considerable diC differ differ- r- r c 1 of or opinion omon among the jurymen 1 nd rd the tho deliberations may bo lung long The Instructions of the court ed by Ju Judge go V. V C C. Loofbourow were ich th that It is within the tho pow power r of or e Jury lury ury to find Dewey Dewoy guilty of ot any j ree ot murder from tram first degree e to voluntary manslaughter or If It It s nJ tho the evidence showed him to be bet 4 t ae p vh when n the t fatal tal allot was fired fifed d' d him guiltless ss' ss of or any crime To o find a a. verdict o ot of murder murd r In the thet t tl t degree the court Instructed the theY thery I ry fY Y that it must find the evidence to tor r ove beyond ond a reasonable doubt that tt ey fired the tho shot with Intent to tolL lL urdel J J. J Henry Henr Johnston and did It to th h malice Def De Wo Hopeful I 5 e 1 his attorney and relatives s 4 med famed hopeful after the state had f finned fin Inid In- In ned id d Its Hs arguments and tho the I DS fl had been read to the jur Jury An ad ad- eslon made from one o of the states state's e that a man In Deweys Dewey's condl- condl jm it might have been insane Insano when he heS S an act on a certain night oU I d become rational by the thc next Ia day iI kg s e hailed balled by the defense as a signal tory that would woud have o weight with s. s Jury This statement was wrung wrung- m rn m Dr A. A N. N Hanson county tai 10 D n. n on crots b by Attorney I tJ s 8 Price Just as the state was dos cbs Its Ith evidence c In rebuttal to the In- In n tl Ity ty evidence presented by the deI de- de I te I tactically radically I the tho entire day was as oc oc- pled led Led in arguments of or the evl evidence b by l Attorney ii E E. O. O Leatherwood e Attorney Price Prie Some Somo omo expert aLa aLa- j Continued on Tuo 1 DEWEYS DEWEY'S LIFE IN HANDS OF JURY Panel Locked Up Lip for Night After Deliberating for More Than Five Hours Continued d From rom OUt One mony bearing upon Dewoy's Deweys alleged In Ju- sanity nt at the time of oC tho the shooting was presented b by the state the first thing thing- In Ill the morning and anil then Mr h Leatherwood leatherwood leather leather- wood began his argument for the Tho rho argument was a n. bitter arraignment arraign n ment mont of or Dewey Dewe as ns a cold cold murderer mur mur- derer who Had shot down Sergeant Johnston deliberately r tel and was seeking to save sa himself from tho the executioner by picking his wife's character to tJ pieces and flaunting It to tho the public public- by seeking to hide behind his wires wife's Minnie hll me Mr Mi It Leatherwood tl the tIlo o pica of ot domestic troubles as cause for Dowey's s drinking that led to the tragedy trap trap- edy as the cowardly act of or a cowardly murderer and ho lie declared that such a n. aman aman man Inan should pa pay the full penalty for his crime Frequently In the course of ot his scathing arraignment of or the accused man Mr looked directly at nt Dewe Dewey and hurled his biting words nt at the tho of At n. n I Seething Scathing I Dewey flushed under t the tho lo arral arraignment arraignment arraign arraign- n- n I ment but held his gaze g steadily on the prosecuting attorney Ills HIs mother was the most deeply affected b by the gruelling gruelling gruel gruel- ling given sl her son and she sat with her hel arms about the tho boy most of or the tho time Mrs wo Dc-wo Dewey sat beside her moth law er with her face tace burled buried in her arms on oIl tho the ta table She wept bitterly Miss 1188 Dewey sister bister of ot the tho accused sat beside her brother A spectator became so wrought up UI that ho fainted and had hall to be bo assisted out Into the air where he quickly recovered Attorney Price In his argument painted Dewey as a man driven b bj by troubles Into a state of temporary insanity In Insanity Insanity In- In sanity and contended that he he was no nomore nomore more moro responsible for tor the act which cost cosi Johnston his life than a n. man without a brain He Ito revl reviewed wed tho the evidence as asto asto asto to the young youn mans man's heavy drinking his stran strange e conduct and like Insane ravings ray ray- l ings gs wh when whon n ho Ito burst Into his wife's room on tho the fatal night ht and fell upon the floor crying They are after me they arc aro after me lIe He declared d that when Dennis Sullivan Sulli van patrol driver dilver took tool the stand and am swore that Dewey deliberately pointed Ills his g gun In anI and fired tired at Johnston the of ot- ot LeL J lieu After Artel Mr 11 Leatherwood had made his Ills final reply to the RI arguments of or Mr Ir Price Judge read his Instructions in instructions In- In I to tho tile Jury i rho They hey were broad liberal and anti fair to I both sides Tho The Jury jur was as Informed that If the tIle evidence e convinced It that thai Dewey was insane at the time he fired the shot he mu must t b be acquitted But if It the evidence e did show that Dewey was Insane then he lie might be found guilty cuilty of OC murder in Sn ono one of ot its degrees degree ac accordingly ac- ac accordingly cordingly as the elements constituting tho the various degrees were wore found foun to be proven by tho the evidence e presented The degree of oC crime 1 if it is found one has been committed is to be Le determined upon the elements clements of malice intent and accident the Judge said From the time tho the case caRe was submitted submit submit- ted until 11 o'clock last night a crowd cro of or people some somo or of whom were relatives of ot tho deceased police officer and others friends of or Dewey Dewe hung about the corridors corrIdors' of the City and County Count building waiting anxiously for word from the Jury room The They were final finally forced to go home without re receiving receiving re- re any intimation of ot what was going on In the little room under the dome of or the building |
