Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-10-29
From the IndianGnapolis Journal.
Early Indiana Trials and Sketches.
nrus1scESczs- BY Hos. Q. H. SMITH.
TRIALS OF DAVIS AND woods

TRIALS OF DAVIS AND Moods
In the afternoon of the fourth day of Ju
ly. in the year 1874. the citizens of Inti-
annapolis were aroused by the cry OF murder
John Tucker. quiet. peaccabls negro man,
had been killed in the street by William
Ballenger, others being directly or Indirect
ly concerned. Nicholas Woods had bro't
ON the fight. One had hit him with a
brick, and BalIengcr killed him with a
single-tres 1 saw Tucker on the pave
ment a few minutes, entirely dead Bailen-
ger made his escape. Nicholas Woods
and Edward Davis were arrested and held
for trial. The excitement in the city was
very high \ public meeting was. held
by the citizens. anil Judge James Morri-
son and myself were retained to assist
Judge Abram A. Hammond, the regular
prosecutor, on tine trials. The prisoners
and their friends employed Ex-Goyernor
David Wallace, John H. Bradley, William
Quarlss, and Hugh O'Neal. distinguished
advocates. Every possible preparstionfor
the trials was made. The fall term, 1874,
arrived. William j. Peaslee the able Judge
of the Circuit, presiding. Bills for mur
der were found against Ballenger, Woods,
and Davis. Ballenger could not be arrest
ed. and has ever since eva,led the vengeance
of the law. The trial of Davis came on
first. and was prosecuted by the regular
prosecutor. Judge Hammond and Judge
Morrison. his associate, for the State, with
their usual ability, and defended in able
speeches bv the distinguished counsel for
the prisoner.
1t was clear when the counsel Tor the de-
fsndsnt closed. that there was no ground
whatever fer the charge OF murier to rest
upon. Iseould be at most but case Of
msnslaughter, as there was no evidence Of
malice sicreshcught. and the killing was
evidently under excitement and hot blood
Judge Morrison in his closing argument
sbsn lionel the charge Of murder, and claim
ed ayerdict for manslaughter only. The
iury. however, took different view OF TIT
case. under the able charge of the court
and fouAd verdict of not guilty, general
" The defendant was acquitted, and ha
since resided in Indianapolis, sober, indus
rrious, and respected by all wheknow hinl
Nicholas Woods was next put upon hi
trial. Great preparations were made 10
h;s defense. The court horfe was filled t.
sufocstion.. Many dfhisfriends. male an
female. occupied the seats near the witness
es. Judge Hammond opened the case be
fore the evidence was heard. The proc
showed that the defendant had commence
the fight with the deceased, and continue
it until the final bleSs were given BY Ba
lenger with the sing tree, and the decease
fell a corpse. Judge Hammond oPens
the argument to the jury in an able speec
of some two hours, plain, and to the pom
without any affectation OF eloquence,
h;e manner and address always was. Il
wa followed by Governor Wallace. in Q
effective and eloquent speech. Mr.. Quar- IL
in one of the ablest speeches Of his LIE, to
1fcwed Governor Wallace. appealing VII
all his powers to the sympathy OF the Iur
As he closed, | noticed female TREND
the prisoner in tears Mr.. Bradley foliov
ed. in brilliant effort of over three hour
verAeps the ablest speech of his life.
closed the argument before the jury. go
ernor Whiteomb was present dunng u
whole trial. giving constant attention
the evidence and arguments, to enable III
to decide for himself. ss he told me, shou
a conviction DO had. and an application !
a parlor follow. The jrry retired, aft
the charge of the Court, and in less thu
an hour returned verdict of guilty of ma
slsughter-thrse years at hard labor in I
spenitentiary. Motion far a new trial owe
ruled, and judgement on the verdict
petition. nuu,erously signel for a pard'
followed, hut the Governor had decided II
the conviction was right and refused to
terfere- -