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At 10:30 last night, after deliberating from 5:30 that afternoon the jury in the case of the state v. John Owen, charged in the murder of "Spud" Helms, rendered a verdict of first degree murder, with the penalty fixed at life imprisonment.
Judging by the expressions heard on the streets of this city this morning, the verdict of the jury in the Owen case giving life imprisonment is not a popular one. A number expressed themselves as believing that the murderers of 'Spud" Helm should have been hanged. It is believed that the verdict was a compromise, only four, it being rumored, of the jurors, asking for the extreme penalty on the first ballots.
It took all day Monday and a brief time Tuesday morning to select a jury, over 60 members of the jury panel being examined. Many prospective jurors held conflicting opinions as to capital punishment, and others knew circumstances of the case or were friends of the dead police officer. The jury finally selected consisted of the following men: Garret Rysdam, W.O. Miller, Franklin Hawkins, S.H. Richards, Eldon Rush, P.P. Halling, John Murchison, Andrew Mulvehill, James R. Jones, Frank Perry, Earl O'Bryant and Neil Kight. Willie Moss was selected as the alternate.
In the examination of jurors and in the trial of the case, it was apparent that defense attorney aimed only to save his client's neck, as opinions of jurors regarding premediation and facts in connection therewith were stressed, and while the jury gave a verdict of first degree murder, it also fixed the penalty at life imprisonment instead of death as it could have done.
First degree murder is with "premediation and malice" and second degree is with malice, but without premediation. It is believed likely that the youth of the accused created enough sympathy to avoid capital punishment for the crime.
The trial of Keith Crosswhite, the companion of John Owen, last night convicted of the murder of State Policeman Helms, began the morning at 9 o'clock, according to information reaching North Powder.
Indications are that the case will reach the jury between 4 and 5 o'clock this afternoon.
Leland Finch, district attorney of Baker, who is assisting District Attorney Helm in the prosecution, completed his arguments to the jurors this morning about 11 o'clock. He declared that the murder was premediated, basing this on the testimony of Miss Merilyn Collett, Crosswhite's companion, who testified that the young men declared that they "would shoot it out with all comers," and on that of Captain Lee Noe, of the state police who declared on the witness stand that he did not draw his gun until after he saw Owen's Luger come up over the car door. He also declared that the state had produced witnesses who corroborated the statements made in the confession taken soon after their capture in which the described their entry to the city, the shooting and the subsequent flight.
John Owen took the stand in his own defense this afternoon and denied shooting at Amos Helms, testifying that he never intended to kill anyone. He also testified he was in a semi-conscious condition when he signed the confession.
The state rested at approximately 10:30 and Mr. Cochran opened the defense with arguments direct again a verdict of first degree murder and both Carl Helm, district attorney, and Leland Finch, district attorney for Baker county, met it with vehement contradictions.
A new development was introduced into the case yesterday afternoon when one of the state's most valuable witnesses, Orlean Woodhouse, 19, of Lincoln, Ida. was disbarred from testifying since she is Owen's common-law wife under the statues of Idaho.
Yesterday was the first time that Miss Woodhouse announced that she and Owen had agreed to marry, and she told Mr. Helm in previous interviews with him that she was 17 years old.
Miss Collett, Corsswhite's companion, was recalled by the defense during the afternoon. She and Keith Crosswhite occupied the same sleeping quarters at Rupert and Boise, where they stopped to spend the two night which elapsed after they left Idaho Falls on Oct. 16, until they arrived in La Grande on Oct. 18.Miss Collett took money from Crosswhite she testified.
Sheriff Jesse Breshears described the man hunt and the final capture by Frank Osmond, Mr. Carpenter and himself near Kamela. The young men were covered and handcuffed and brought to la Grande. Three guns and cartridges were found on their persons at the time of their arrest.
Captain Noe was called to the witness stand yesterday afternoon and described the shooting. After he and Mr. Helms crossed the street, Captain Noe testified, he saw Crosswhite enter the car, and immediately afterwards the car started out across the street. They traveled 40 or 50 feet towards the officers and then started shooting.