The Daily Dispatch

A California Jury Acquits a Man—The Plea of Insanity Utterly Discarded.

Napa, Cal., February 6.—The closing scenes of the trial of Muybridge for the murder of Harry Larkyns were of a remarkable character. On retiring to their room the jury stood five for conviction and seven for acquittal. This morning a second ballot was taken with the same result. The difference between them was on the question of insanity. Few, if any, believed Muybridge insane, but the majority contended that sane or insane he was justified in killing Larkyns for having led astray his wife. On this broad ground they finally all met, and then the only quarrel was in regard to the form of the verdict, whether it should be simply "Not guilty," or "Not guilty on account of insanity." Upon this they differed longest, the majority contending that Muybridge was not insane. They finally carried their point, and at noon to-day a verdict of acquittal was reached.

At the sound of the last momentous words a convulsive gasp escaped the prisoner's lips, and he sank forward from his chair. Such a display of overpowering emotion has seldom, if ever, been witnessed in a court of justice. The floodgates of feeling seemed suddenly to have been lifted, and the long pent-up torrent of emotion to have burst upon the man, sweeping all before it. The Judge discharged the jury and hastily left the court-room, unable to bear the sight, and it became necessary to recall him subsequently to finish the proceedings. The clerk hid his face in his handkerchief, while the prosecuting attorney and some of the jurors hurried away to avoid the spectacle. Others gathered around to calm the prisoner, and all of them were moved to tears.

Muybridge at last, by a powerful effort, controlled his emotion. The Judge was then recalled to the bench, and, on motion of counsel for the defence, Muybridge was formally discharged from custody. In the mean time the news of the acquittal had reached the street, where it spread rapidly. A large crowd gathered in front of the court-room, and as Muybridge descended the steps a free man they cheered vociferously and long. He was surrounded by the crowd, every man of which seemed anxious to congratulate him first. Then they went off to find the jurymen and congratulate them. The town was never before in such a state of feverish excitement.

The verdict is a sort of new departure in such cases—an abandonment of the insanity theory, under the disguise of which homicide for the cause assigned in this case has so often been justified by American juries. On retiring to their room the jury were given four forms of verdict by the Judge. One was guilty of murder in the first degree, punishable by death; and another fixing the penalty at imprisonment for life; a third of not guilty, and the last, not guilty because of defendant's insanity.