Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1859-12-29

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nrnetTn, THURSDAY, DECEMBER 20, 1853.
Srxrror INDIANA vs.. Eaasrus WHrELKR.-In
June last Wheeler vas arrested in St Joseph Coun-
tx Ind. on a charge Of assault and battery with
;nteut 10 eomrni murder, and was brought to Mar
shall County on a change of venue, and was tried
in the Common Pleas Court last week, the trial
occupying three days. The jury, composed of the
best men in the county, deliberated over the case
from about dark till nearly midnight. and then re-
turned verdict of guilty. assessed fine against
the accused OF $780, and ixed his time in the State
prison at eight years s
Mcssrs. Johnson, Metcalf and Heath prosecuted,
sRi Nessrs- Frazier aud Miller defended. Each
Of these gentlemen made speech in keeping with
his reputation
Asshis trial, the first of the kind ever in our
Comm IN Pleas Court, elected deep interest, we
here append harriediy prepared synopsis of it.
On wcdnesay morning the prisoner was brought
from kaporte--havins been confined there for safe
keepin s--,nd was arragned on the charge above
stated. The prisoner is well looking young man,
appears to be foppishishy inclined. and on the &C.
c.sion alluded to seemed to be perfectly sclfpos
sesscd A jury was found without difficulty, the
circumstances not being generally known in this
county sac las
Prosecutor Heath in his statement Of the case to
the jury said, if permitted by the Court the State
would adduce evidence showing that one Abram
Harris an uncle of the prisoner. had been living
with the wife of Thomas Ripple, the person whose
life had been attempted, during portion of the lat
tiers stay in California and ever since his return;
that Afterwards in suit in ST. Joseph county, Ru-
pie, on charge of Grim con, obtained judgment
against Harris for 5000; that Ripple was worth
ssme 81, 900 or $4,000 more, all Of which Harris
could o. tain by marriage with the wife of Ripple after
the latter's death and that Ripple then endeav-
oeing to obtain divorce. THE prosecutor was
not permitted to introduce proof of the above state
ment-l
The evidence in behalf of the State showed that
Thomas Ripple resided in Elkhart county, that on
the morning Of the Goth of June, $50 he went from
thence to the residence of St. John. tenant on Ru
pies farm. near Mishawaka, between the latter
place and South Bend, for the purpose of meeting
the Sheriff and assisting him in lcvving upon sell
ing Harris property against whom he had obtained
ajudgment Of s. 900. That about o'clock on the
above morning. while near the aforesaid premises,
she prisoner, who had been blowing in potatoe
patch near by, approached him and manifested great
anxiety to converse with him. Wheeler then said
Oh It Ruples wife ,tly dcsiredto him and that
she was then at his brothers house and that Harris
absent Ripple replied that he did not desire
a 4 A. 4 f..I
for that any othsr purpose under any circumstan
ces- Wheeler then suggested that she would meet
him in the woods ON Raple's land Ripple still OBJ
jected to the proposed interview and observed that
he feared they were laying trap to kill him.
Wheeler assured him that his fears were ground
less. that he and Ripple had never had any difficult
ty. although in the Grim case he had been Har-
rs wi ness; and that there was no necessity for i'll
feelings between them Wheeler also represented
that Ruple's wife was very anxious indeed to have
the proposed iuterview with him. that she would not
let Harris know anything about it forany consider
ton. and also minated to Ripple that his wife was
somewhat penteHt- Ripple partially dismissed his
fears, reicntcd, aud consented to meet his wife at
the time and place appointed by Wheeler, to-wit:
in halt an hour in Rupe's woods, perhaps fourth
sile distant The parties then prepared to separate.
Wheeler seemed little agitated and attempted to
drive his herse before untyns the halter from the
fence Ripple pointed out the difficulty and they
shsa separated. Ripple went to st. Johns house,
remained there awhile. told Mrs. ST. John and
daughter tina: he feared he would be killed. Near
the appointed time he wendcd his way slowly and
cautiously towards the spot agreed upon for the
meeting of himself and E,ithiess wife, meanw While
fearing harm 10 himself When within few yards
ofshc place he heard rustlng in the leaves and
imedliteiy satdown. but soon concluding it 10 hare
bees made by chip muck bird, he arose and
proceeded On his way. When at the place agreed
upon he leaned slightly against fence and looked
in the direction whence he supposed his wife would
come. Presently he heard the noise ola gun be-
hind. him. felt a singing pain in his right side,
1ookei IN the direction whence the sound of he
gun came, and smoke arising He hastily
exanined his injuries. concluded they were not ne
cess4rly fatal, and then returned to St. John resi-
dsnce rapidly as he could. At the door of the
house ne met the daughter of St John, an intelli.
gentyoung lady near twenty years Of age. and in
formed her thar he had been shot. Her mother
was also Informed Of the fact and the young lady
proposed going Immediately for her father who was
about halfa mile distant thrashing, which she ac-
-csrdipglF did onher way she saw Wheeler walk
ing fP1y from tle direction in which the shooting
had 1cefRsds without coat on, his aparss in his
boots and indstinctly some object he seemed
70 bs carrying At his side and under his arm, with
the lower end apparently in the leg of his boot but
did not know what it As she passed along
she also saw Wheeler's sister in law, Mrs. Wheel
er. looking out other window. Wheeler evidently
trying 70 avoid Miss st. John passed rapidly on to-
wards andfnto she'd. When he emerged from the
she'd seiss ssJohn could not see any object under
"heeier's arm or in his possession. His horse, at
tached e the pillow. was standing in the potatoe
patcs ssfeFe mentioned During this time Mrs.
ST. Ioi. assisted Ripple in walking to . neichbor,s
house. When Ripple had gene to meet his appoint
ment Mrs ST. John and daughter supposed him to
he II The riser bathing HIMSELF but when they heard
the report Of the gun. the latter remarked that
'probsbiy dat vas the death of Thomas Ripple"
Insslssst time Il was rur:ored throughout the
ncighooraood that Ripple had been shot, and soon
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