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FATHER VS. SON:
•Spectacle of Father and Son testify ing Against Each Other in the Jen v- kins Murder Case. 'Defendant in the Case Takes the Stand in His Own Behalf this Morning. Says His Father Killed Stark by Chok ing Him to Death, While He Was Out. Father Fires a Ballet Into the Head of the Dead Man in Fit of Anger. Says He Was Given $50 to Hold His Tongue—Intimates a Previous Murder as Well. Father Told Him "This Was Not His First One Another Man in a Hole." Prisoner Receives'His Sentence Coolly, and Apparently Without Fear or Trepidation. Dramatically Proclaims Before God that He is Innocent of the Crime Charged. Says He Does Not Believe His Father Will See Him Executed With out Confessing. Jury Returns a Verdict in the Case Saturday Night, Fixing Penalty at Death. Out About Seven Hours, Delay Caused by Disagreement as to the Penalty. (From Thursday's Dally.) The trial of the Jenkins murder case was begun in the district court this morning. At the opening of court twelve additional talesmen were brought Into court by Sheriff -Bogue, and from them were secured enough men to complete the jury. Only two men of the original panel are on the jury in the Jenkins case, which, as sworn this morning, was composed of the following men: E. A. Lewis, Ed ward Anderson, F. J. Burt, John Stew art, Hugh McCrorle, Aaron Mason, Ed ward Adams, N. J. Larson, G. L. John son, T. J. Tully, August Peterson and Edward Rawlings. Both sides agreed that the jury be not confined under the care of the sheriff out of court. States Attorney Allen opened the case for the prosecution. He told of the murder, and of the case the state expected to prove. The pres ence of the two men, Ira Jenkins and Stark at Wilton, the condition of the men there and the statements that had been made by Jenkins. Of the evi dence in the case to be presented show ing the criminalty of the defendant. Of the statement made by the father, voluntarily, and without promise or solicitation. The defendant might state that he had taken his part in tile crime as an accessory after the fact to shield his father, but the fact remained that he made many false statements which could be of no possible benefit to any one, except he be the guilty man in an endeavor to shield him self. The crime lay between father and son either or both, and the state would show by evidence that the crime could be traced to the defendant in this case. John White was the first witness sworn, but gave way to Dr. Bentley, who was the first witness to testify. He told of a post mortem held on the body of Stark. There were two post mortems held, one when the bullet was discovered and another after the first interment of Stark, when the body was disinterred and examination made of the entire brain cavity, the fetomach and other organs of the deceased. He told of the discovery of the bullet hole and of the bullet. Death in his opin ion was caused by the passage of thei bullet through the head. There were other injuries on the head and face but none of them sufficient to cause death. From an examination of all the organs of the body, there were no indications of possible death from any other cause than the bullet wound. On cross-examination the defense sought to bring oiit whether or not Stark might not have been choked to death. The witness testified that there were none of the indications of death from choking, no bulging of the eyes or tongue, and no indications in the throat which was clean and normal. In his opinion death had not resulted from choking. This afternoon Coroner White took the stand to testify to his connection with the case as coroner, the finding of the body, et«. States Attorney Al len took the stand and told of the find ing of the revolver at the direction of the defendant, who had told him where it was hidden. Mr. Allen also iden tified the revolver. Justice Tlbbils testified to having presided at the pre liminary examination and to the pres ence of the weapon as an exhibit James M. Jenkins, father of the de fendant, was then called to the stand and testified that his son had killed Stark. The two had come home from Wilton partially intoxicated. In the bourse of the evening he went out to see a sick cow on the place. On his return he met his son Ira, who said to Mm: "Well, I've killed that of a (referring to Stark). Witness said he had asked his son why he did it and the boy. had' answered: "Oh, he was getting too foxy around here." Witness further testified to finding the body of Stark dead, the carrying away of the body by his son, and the rifling of Stark's trunk by Ira Jenkins. The other details of the story were related, as In a previous' instance. The witness'said he had told falsehoods before the coroner's jury in an endeavor to shield his son. (From Friday's Dally.) in the district court yesterday after noon James M. Jenkins took the stand and testified that Gus Stark had been killed by his son Ira. He detailed the facts in connection with the case de liberately, telling how Ira had come to him when he was on the way back from the barn where he had been to attend a sick animal and tofd him that he (Ira) had killed Stark. He also told of the removal of the body to the mine, and their subsequent conversa tions, and the linal agreement to cover up the matter, he having agreed to it for Ira's sake, after the two had had a few drinks and Ira had urged him. This morningathe son took the stand and swore that Stark had been killed by the father. It was a pitiful pair of recitals, father and son on the wit ness stand against each other, each testifying to the guilt of the other, and agreeing only on the point that after the crime had been committed they agreed to make an attempt to cover it up. The old man said he had agreed to help cover it up for the sake of his son. The son said he had agreed to help cover it up for the sake of his father and the sum of $50 which his father had given him after the crime, on the morning the two came to Bismarck. The case rested in the' case this morning and Ira O. Jenkins, the de fendant in the case, was the first wit ness for the defense. He was sworn and testified regarding the manner of the murder. In his preliminary tes timony he admitted having been at Wilton on the day that Stark was killed and slightly intoxicated but stated that he had made no threats against Stark as testified to by the witness Ward Biles. Neither did he tell Biles that he was coming to Bis marck to get $800 worth of tools he had there. On the day that he and Stark were at Wilton they arrived home at about dusk. He did not re member the exact time. He and Stark put the team away and went to the house. No supper had been pre pared as the father lay on the bed. He had been drunk all winter, and said that he was not feeling well enough to get supper. They had no supper that night. When told to tell the manner in which Stark came to his death he said that the three, he, his father and Stark, had put in the evening drinking hot whiskies. They ran out of water in the course of the evening and he took the pail and went to the spring to get a pailful. When he came back his father had Stark on the floor on his back, his arms stretched out, choking him. When he saw this he rushed to his father and tore his hands from Sbark's throat. Stark gave one long gasp and wa,: still. Blood gushed from his mouth. His father then tried to put the body of Stark on his shoulder and carry it out but was unable to do so. He then dragged the body to an arm chair, lifted it partially on that and made Another effort but it was futile. He then dropped the body and sat on the bed for a time, arising after a time and going to the bureau where he got a revolver.' He sat on the bed again and then cocked the revolver and fired a shot into istark's face. After this his father made a step or two toward him (Ira) with the revolver and he (Ira) grabbed the revolver. In the scuffle the weapon was discharged and a bullet went into the floor. Ira then placed the revolver in his pocket. They th?n had a talk about the killing of Stark. His father said he didn't know what .was best to do and he (Ira) suggested that it would be best for his 'lather to go to town and give himself up. He might get into trouble. His father said they would not get into trouble over killing Stark. That "tjiis wasn't his first one. There was another man up here in a hole." Tney had a few' more drinks and his father wanted him to help take the body to the mine. He refused at first but finally consented. They dragged the body for they could not carry it. In the morning his father got up first and went out to the sleeping shanty. He came back and said they must go to Bismarck that day. They would go to town, come back Sunday, find the body of Stark and report that it had been found at the mine. His father gave him $50 to keep his mouth shut, and the two came back and re ported the discovery of the body, ac cording to program. He denred that he- had stated to his father that he had killed Stark, as related In the tes timony of the father. He had gone to the mine, with his father _Marcn 12 or 13 at the earliest solicitation of his father who brought his housekeeper to town and tasked his son to come with him. He had consented to go after urgent solicitation. He was coming down with the mumps and his wife did not want him to go. The direct examination of the de fendant was not long in duration, and States Attorney Allen occupied the most of the morning with a rigid cross examination. The defendant admits having served in the penitentiary at Bismarck a six year term for grand larceny in*1892, from Stutsman county, for a crime to which he pleaded guilty. BISMARCK WEEKLY TRIBUNE: FRIDAY, JUNE 1 1900. The father had stated in his examina tion that the son had confessed serv ing a term in the Waupon, Wis., pen itentiary but this the defendant de nied. He said he had been a shoe maker and had learned his trade at Lynn, Mass., in a school there. He was closely questioned as to the amount of money he had after the crime and the manner in which he had spent it. He admitted gambling and buy ing liquor. States Attorney Allen questioned him closely as to the de tails of the killing of Stark by the father, as the witness testified had been done. He went over again the scene he claimed had been enacted when he entered the room and found his father choking Stark. He stated that Stark had been drunk and was pulling the old man around and that as he entered the room and took the old man's hands from Stark's throat he (the father) had stated that he "guessed Stark wouldn't maul him around any more." There had been no quarrel among them or between any two of taem when he left the room after the water. Asked to indicate on the court room floor just the position of the body as it lay when the old man was choking Stark, and its position when the father had fired the shot into the head after Stark was dead, the witness il lustrated the alleged movements of the father when he attempted to lift the body up, and showed how he finally rested it in an arm chair, the feet rest ing over the arm of the chair and the head and shoulders on the floor. The witness lay down on the floor, placing two chairs, one to represent the edge 01 the bed where the old man sat when he fired the shot. According to the illustration he gave, the old gentleman sat at the right of Stark, and a revol ver held in his hand would have been directed at the right side of the dead man's head, as the witness said he lay on the floor. It was from tuis posi tion'that the witness said his father had fired the shot. States At torney Allen then asked the witness how the father could have sat on the right side of the dead man and fired a bullet so that it entered under the dead man's left eye, taking a course through the heau in a direction that would have been toward the muzzle of the revolver instead of from it Bailiff Owen Farley was called and the witness told to place him in just the position Stark had lain. This was done, and the states attorney called attention to the fact that from this position, as detailed by the wit ness, the bullet couid not have taken the course it did, as it would have en tered the right side of the head in stead of the left and taken an exactly opposite course. The witness said he did not know how it was, except that the facts were as he stated. Numerous other questions of detail were inquired into. The witness was still on the stand when court took the adjournment. There was little testimony given for the prosecution after the completion of the old man's statement yesterday. Sheriff Bogue told of the confession of the defendant to the states attorney, after the completion of the prelimin ary examination before Justice Tib bals. The coroner's jurors testified to the statements made to them by the two men at the mine when they went up after the body and to some of the statements made by the defendant at the coroner's inquest. Coroner White exhibited the carpet taken from the house, with the piece cut from it, as the old man said had been done. Dr. Bentley and the jurors testified to the fact that there were no indications of choking on the body. Undertaker .Up right made the same statement this morning and testified that the deceased man had evidently been strong, mus-, cular and active from the appearance of the body. This afternoon the cross examina tion of the defendant was concluded. It related largely to matter of detail, the most important statement brought being that to the effect that the sister of James M. Jenkins, Ida Lewis, had told Ira Jenkins that James M. admit ted to her the killing of Stark, and that she had been up all night with him trying to get him to pray or have a priest. This statement was made to her before the fact of the death of Stark was reported to the authorities. The state asked that a subpoena be is sued for Id^ Lewis. Mnwlra Jenkins testified to the effect that she and her mother had .not wanted Ira to go to the mine with the old man. She also testified that James M. had dined at the home, of her mother on the day he and his son went to the mine. This was in contradiction of the testimony of James M. Jenkins on that point. Several witnesses were examined as to the keeping of whisky at the farm, and the state put on a couple who testified to the weakness of James M. Jenkins physically. The defense rested at a little after 3 o'clock, and the state asked for a recess of a few minutes until some additional witnesses could be sent for. The testimony in the case will prob ably be completed this afternoon. Court adjourned shortly before 4 o'clock until tomorrow morning, ihere are one or two witnesses yet to be ex amined by the state. The case will probably go to fcue jury tomorrow morning. (From Saturday's Dally.) The trial of the Jenkins murder case came to a close in the district court this morning. The trial of the case has not occupied .ong, there being not many witnesses examined, the tes timony of James M. Jenkins, the prin cipal witness for the prosecution, and of Ira O. Jenkins, the defendant, for the defense being the most important and occupying the most of the time during the trial. A subpoena was is sued by the state yesterday for Ida Lewis, but she has left the city and was not put upon the stand. Dr. Bentley was put on the stand by the state this morning, to testify as to the course of the bullet through the head of Stark. The object of the testi mony was to impeach the witness Ira Jenkins, in his statement of the posi tion of the body of Stark when he said his father fired a bullet into his head. Dr. Bentley said the bullet an appar ently direct course through the head from left to right, and had not, in his opinion, been deflected in its course, except possibly a little slightly up ward. He did not believe a bullet fired from the right side of any person could make such a wound. This was the last testimony taken. The addresses to the jury were made by Attorneys Allen and Coch rane. Both of these were brief. They dwelt, both, with the nature of the testimony, each side drawing from the testimony and the circumstances dif ferent conclusions with relation to the true facts in the case. The case went to the jury at a little before 1 o'clock. The addresses of the attorneys were completed at short ly before 12 and the cnarge of Judge Winchester occupied about an hour, in which he explained the law in the case. At 2:4.") the jury came into court, and Ed Adams, foreman, stated that there was some doubt with one or two members of the jury whether they could find the prisoner guilty of mur der in the second degree. Judge Win chester replied that the prisoner was charged with murder in the first de gree. The jury then retired again. It was rumored at this time that eight of the jury stood for conviction, two for the death penalty, and two for imprisonment for life. TO DIE SEPTEMBER 14. (From Monday's Dally.) Before Judge Winchester in the dis trict court this afternoon, Ira O. Jen kins, convicted of the crime of murder, stood before receiving His sentence of death and proclaimed himself innocent of the murder for which he had been convicted. Seldom has a man con victed of murder and about to receive the death sentence in court stood with greater firmness and composure, and spoken as clearly and cooly. With out a tremor in his voice, and with no apparent nervousness, except for a lit tle paleness and a biting of his lips and moustache as he awaited the sen tence of the court, he declared himself innocent. There was a distinct ele ment of the dramatic in the scene. After Judge Winchester had stated the fact of his trial and conviction, with the penalty fixed by the jury, he asked the defendant if he had anything to say or any legal cause to advance why sentence of death snould not be pro nounced upon him. There was an in terval of silence, that seemed much greater than it was, from the circum stances, and the breathless eagerness with which everyone in the court room awaited the statement of the convicted man. He stood with his head boVed as though earnestly reflecting, and then, after a preliminary statement to the court, said: "Before God, I stand here innocent of the crime for which I have been found guilty." Then after a moment of silence he said: "I be lieve that is all." Sentence was then pronounced. Court convened promptly at 2 o'clock, with the court room crowded. JudSs Winchester directed Sheriff Bogue to bring the prisoner into court and he walked in and stoou facing the judge. Judge Winchester stated the fact of his arrest, and preliminary examina tion. That an information had been lodged against him charging him with murder in the first degree and that up on that information he had been given a fair and impartial trial, and found guilty of murder by twelve men con stituting the jury. As required by the law of this state, the jury fixed the (sentence and they had fixed the death penalty. He asked the prisoner if he had anything to say. During the statement of the judge, Jenkins^ stood, his eyes roving about the court room, biting his lips and gnawing his moustache a little nerv ously. There was a considerable pause after the inquiry had been made of him, and then he said he did not think a just verdict had been pronounced, although, he said If he were guilty of the crime he preferred to go to the scaffold than to go to the penitentiary for life. As had been stated he was a young man in the prime of life. His father was an old man who had not many more years to live. He did not believe his father would see him exe cuted without making a confession of the murder, and enabling him (Ira) to proclaim his innocence of the crime, of Baokaohos of Women are wearying beyond des cription and they Indicate real trouble somewhere* Efforts to bear the dull pain are herolo, but they do not overcome It and the baokaohos oontlnue until the oause Is re moved* does this more oortalnly than any other medlolnom It has bqpn doing for thirty years* It Is a wo man's medlolne for wo man's lllsm It has done muoh for the health of American women. Road the grateful letters from women constantly ap pearing In this paper* Mrs* Plnkhmm oounsels women free of charge. Her address Is Lynn, Mass* which he was innocent. Before God, he said, he was innocent of the mur der. He would stand before another judge, the judge before whom all must some time stand, and there his inno cence would be pronounced. Judge Winchester then read the sec tion of the law relative to the time that must elapse before the death sen tence could be executed and pro nounced sentence as follows: "The judgment and sentence of the court is that you, Ira Oliver Jenkins, be forthwith remanded from this court room to the jail in and for the county of liuneigh, state of North Da kota that you be safely confined therein until the 14th day of September next, that you then and there be taken to an inclosure to be erected within the yard of said jail, and that you then and there be hanged by the neck un til you are dead." During the passing of sentence there was no perceptible change in the ex pression of the prisoner. He stood firmly, and there was no appearance of fear or dread. After sentence had been passed he followed the sheriff quietly back to his cell. The jury in the Jenkins murder case Saturday niglit returned a verdict of guilty and sentenced the defendant in the case, Ira O. Jenkins, to death for the crime. Under the law of the state the jury in murder cases must fix the penalty for the crime, if the de fendant is found guilty of murder in the first degree, either at life impris onment or death. This was the mat ter that delayed the verdict of the jury. The twelve men agreed that the defendant was guilty but for a, time could not agree on the punish ment to be prescribed for the crime. One or two of the jurors held out for several hours for the life imprisonment penalty but finally came over to the .majority and the verdict was reached at a little after seven o'clock. When Sheriff Bogue was notified that the jurors had reached a verdict Judge Winchester and the officers of the court and attorneys in the case were sent for to receive the verdict. The relatives of the defendant, his wife and mother-in-law who have been in nearly constant attendance on the trial of the case were also notified and were in court when the verdict was rendered. It was at a little after .s o'clock when court was convened for receiving the verdict. The court room was crowded with spectators who had heard the rumor that the jury was about to render its verdict. The defendant, Ira O. Jenkins, was brought into court by Sheriff Bogue and took a seat beside his attorney. W. F. Cochrane. He was pale, and somewhat nervous but withal bore himself with remarkable composure considering the ordeal through which he has passed during the trial and especially in the hours which elapsed after the case was given to the jury before the verdict was reached. The jury filed in from the jury room and Clerk Skelton called the roll of jur ors. There was a serious expression on the face of every man in the jury box that forebode the nature of the verdict After the roll of the jury had been called, Judge Winchester asked the foreman of the jury, Edward Adams, if the jury had arrived at a verdict. Mr. Adams answered in the affirma tive. The judge then inquired what was the verdict, and Mr. Adams rose and said: "Your honor, It is my painful duty as foreman of this jury, to report, that we have found the de fendant in this case, Ira O. Jenkins', guilty of the crime of murder in the 5 first degree and that we find and fix the penalty at death." The verdict was received amid abso lute silence. The verdict was taken down by Stenographer Tuttle, transcribed, and read again to the jury. Then it was handed to Clerk of Court Skelton and again read to the jury. The members of the jury were asked, in the custom ary words, if this was their verdict. They responded affirmatively and th» verdict was duly recorded. During the rendering of the verdict, the prisoner maintained himself with the same composure, although it was evident he was nervous, in the ex treme. His brow was covered witn perspiration which he wiped away ner vously. But he gave no sign of break ing down, and walked out of the court room steadily, pausing a while to speak to his wife and mother-in-law as he passed them. They appeared stunned by the verdict and sat silant until after court had adjourned when both women broke down and cried. In the absence of States Attorney Allen, Attorney Philbrick received the verdict for the prosecution. Upon the pronouncing of the verdict Judge Winchester stated that he would set Monday afternoon at 2 o'clock as the day and hour for passing sentence. The prisoner was then remanded to jail. While a verdict of guilty was ex pected, there was considerable differ ence of opinion as to whether the ver dict would fix the death penalty, for the reason that father and son accused each other from the stand, and, while it seemed the general belief that both were concerned in the crime, there might have been a difference ot opin ion as to the relative guilt of the two. It is gH.-eially agreed that the verdict is a just cne. States A'..oiney Allen has worked hard :h the case from the lirst. When the body of Stark was first found and the father and son loid be fore the coroner jury all they claimed to know of the circumstances. States Attorney Allen was convinced of the guilt of one or both of the men. He took immediate steps to learn all pos sible of the matter and finally secured a confession from the father—the statement made upon the witness stand. Whether the old man told the whole truth is uncertain, but his story satisfied those who heard it that Stark came to his death from a pistol bullet fired by the younger Jenkins. How the wound upon the face of Stark, re sembling the effect of a blow from an axe or hatchet has not yet been ex plained. States Attorney Allen prob ably arrived closely to the real man ner of Stark's death when he asked the younger Jenkins in the course of his cross examination, whether it was not a fact that he had first shot at Stark and missed him, that the old man had then struck him with an axe or hatchet and knocked him down, and that he (Ira) had not then fired the second shot and killed Stark. The witness denied the statement, of course. Is.tho best med icine for the to 111 acli. It cures Dyspepsia, Indigestion, onstipation, Liver and Kidney Troubles. It contains everything bene licia and noth ing inj 11 runs. When jmi ask fur the Hitters, insist upon liuv iugthe genuine. CELEBRATED FITTERS fet.STOMACH A (Firstpublication Juno 1,190(1.) CTATE OF.NOHTH DAKOTA. COUNTY OP Hurloitih. In District Court, Sixth Ju dicial District. Henry Hakes James, plaintiff, vs. Ezelu Hil liar James, defendant. Tiie state of North Dakota to the above named defendant: You are hereby summoned to answer the com plaint in this action, which is filed in the ollioe of the clerk of the district court of tho Sixth judicial district. in and for the county of Burleigh and state of North Dakota, and to serve a copy of your answer 11011 the subscribers within thirty days after the service of this summons upon you. exclusive of the day of service, and in case of your failure to appear or answer judgment will be taken against you by default for the relief demanded in the com plaint. Dated at Jamestown. North Dakota, this 21th day of May, A. I). 1900. THORP & THORP, Plaintiff's Attorneys, Jamestown, N. D. The Cavalier Chronicle announces that hereafter it will charge ten cents a line for resolutions of condolence, cards of thanks, obituaries, etc. Makethe Hair Grow With mm shampoos ot CCTIOUBA SOAP and light dressings of CCTICUBA, purest of emol lient skin cares. 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