Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-03-12

to town with large flea in their respec-
tive ears.
About ] | clock that night, two men,
named Kirtley and Cochran, entered the
saloon of German named Groncfeldt;
got up quarrel with the proprietor who
denied them liquor, and with pistc
which he held ready under the skirt of
lis coat, KirtieY shot Gronefedt, from
the effects of which he died in the course
of a day or Two.
Kirtley, who had been sent to the pen
itentiary from Clay county for killing a
man, and had been pardoned by Cover
nor Willard, was arrested and had an
examination before Justice, and was
held to bail IN a small sum to answer a
charge Of assault and battery with in
tent to kill. In the meantime the entire
Coppe-head fraternity were in commo-
ton, and hourly inquiries as to TIE con
dition of Gronefeldt were made at his
door, to all Of which the same answer
was gwen, he is doing we'll enough"
Gronefeldt died, and before his death
was known to Krtley's friends, who
were watching to warn him, he was ar.
rested and fully committed for murder.
The German population, who, By the
way, are in that city, almost unanimous
ly Union men, were intensely excited and
it was only by the most earnest assn
RANGES that impartial justice should have
its course in the case, that they were re-
strained from taking the law into their
o IN hands
At the September term of the court
Kiriley was indicted for murder, but his
trial was pnt of.
Judge CIaypool, We believe, refusing
TO admit him 10 bail, application was
made to The immalculate James Mclean
Hanna, Copperhead Judge of the Su-
preme Court, for n writ of Aabeas corpus,
who granted the writ and admitted Kirt-
ley to bail in the sum of one thousand
dollars, winch was glvea by his Copper
head friends.
When the Copperhead Legislature
met during the winter of 1862, Kirtley
was made Assistant Sergeant at Arms,
and during the session visited the Dor
der two OR three times, on secret mis-
sions. His trial was again and again
put of, until all the officers of the court
were of the Copperhead persuasion.
His trial took place this week in the
Vigo Circuit Court. before a Copper
head Judge, with a Comprehend Clerk
and Sheriff, and with-strangest of all
twelve Copperheads, or as they call
themselves, Conservative Democrats
comprising the jury.
In thirty minutes after the Jury re-
eeived the charge of Judge Claypool,
they returned verdict of not guilty, y
virtually deciding on oath, that it is no
crime to kill German saloon keeper in
his own domicil, providing the killing is
done by a Copperhead. The Wabash
Express of Thursdaythus speaks of the
trial.
The trial of Kirtley was farce, and
q very low one at that We do not pre-
tend to say whether he was guilty, or
not, as charged in the Indictment, for
that was the business of an impartial
Jury, fairly selected. But we speak of
the trial as fdrce-because it was one,
and nothing else-and not of the guilt
or innocence of the defendant The
matter is so considered by the LAWYERS
of the city, with one or two exceptions.
We do not object to the manner in which
Judge Claypool discharged his duty, for
it is admitted by all that he charged the
Jury fairly, and is in the habit of doing
so at all times, without regard to the
consequences which must follow But
the carelessness, and total want ee inter
est in the trial, manifested by the Jury
were the subject of much remark, and
exposed its members 10 great deal oi
censure. One juryman, we are inform
ed, slept during a portion of the trial
and had no difficulty, therefore, in form
ing his conclusion as to the guilt or in
uocence of the defendant This eircum
stance, OF itself, brought the whole pro
ceedings into contempt, AMI exhibited
that carelessness, and determination Il
acquit, which was apparent to the mos
casual observer
We do MOI know whether the Jury de
cided according to the law and evidenc
or not, but the character of the trial wa
a shameful mockery We are informe
that the lurymen We're selected by tn
Sheriff, from the bystanders, Tor at lea'
nearly all of them) and were all tn
particular friends OF the defendant
IL strange that ticelce Butternuts shoul
accidentally, or fairly be selected TO IT
one of their particular friends when tha
party is vastly inferior in numbers in III
county. II is nevertheless true that sue
was the case however, it is not rei
strange either when all the circumstaI
ces are considered.
We commend the above case TO ii
calm consideration OF our German fe
low citizens. Gronefeldt was an orderl
lawloving aud law-abiding citizen, !
was murdered in his own house. and Il
man that killed him is, after nearly t,
years delerment of trial, pronounced
nocent of any crime by an imprrti
jury composed of twelve men of the sal
political faith as the accused-a soler
decision by Copperhead court and ju
that German Union man has no rig
that Copperhead is bound to respect
THEArRE.-In consequence of the ST
Of health Of Mrs Edwards. and mis-
prehension on the part of the pub
there was no performance at the thea
last night.
Tonight Mrs. Edwards takes bene
which announcement should be sufici
to crowd the Hall; but it will also be