Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1867-10-24
CRIME.

NCW Trial TrUntcd-IHc DcrCiicf
More ,Scucre than that Of the First.
From the Elkhart Rsviev. October L.
The trial of Joseph Cole for robbery. just
concluded in our Circuit Court, has elected
so much pubic interest, that we deem it APP
prOpyiate TO Law before our readers a brief
statement of the evidence aljuccd before;
the jnrv. Daniel Klcckncr. the prosccu-
ting witness, testified that he had been to
Chicago To sell a drove of stock, and that
he had received in payment therefor a con-
siderable sum of money. Ofihc amount
he placed Sl,2SO,00 in his pocket
book, which he carried in his inside vest
pocket AT Laporte, two sharpcrs, one OF
whom is recognized as 10 Johnson, came
on board the train, sought him ou', and
proceeded to attempt TO play upon him
the usual confidence tricks, such as citing
on patent locks, and other games Of that
character. Ho pcrsistcntly repealed their
advances. and when they arrived at Elk
hart. attempted to evade them. They fol
lowed him, and in response 10 bis inquiries
for a good hotel, recommended him TO
stop at the Central Hotel. Just they
reached the lamp post, near the corner OF
the hotel th.y again attempted t. induce him
To bet with them, and he again refused.
They then knocked him down. seized his
pocket book containing the m ney, and
fed into the garden in rear of the hotel
He pursued. and overlook them, and after
quite battle with them was about 10 ove--
come them, and recover his money. when
Joe Cole rushed out of the house and
knocked him down. and helped up the
robbers, placed the hat which had fallen
off the head OF one Of them in lis proper
place, and told them 10 flee or they would
be arrested The robbers al once followed
Coles advice, and thus by his Efforts were
enabled TO make their crime and escape
successful. This testimony is cOrrobOra-
ted and supported in many particulars by
credible witnesses, and comprises the gen
eral theory upon which the State rested the
prosecution.
Cole claimed that on the evening u9on
which the robbery occurred, October Is,
1867, he was at the depot soliciting Gus
tom for his hotel; that he followed the par
ties down from the train, knowing and car
ing nothing shout them. That he went
into the hotel and did not 90 out of it. until
after the melee was entirely concluded.
That when the disturbance in the back
yard occurred, his brother, Peter Cole,
went out, and supposirg the parties enga-
ged in fighting to be intruders, undertook
10 restore quiet by forcibly separating the
antagonists. That after The robbers had
escaped. on various occasions Kleckner re-
cognized Peter Cole as the man who had
struck him, and that he had different men
arrested elsewhere on the same charge,
that finally he settled the charge on Joseph
i Cole, and about week after the occurrence
had him arrested. Various parts of this
theory is sworn to and confirmed by the
witnesses for the defence, some claim to
have been present at the disturbance, but
generally their character and record were
so bad, that the jury gave but little, II any,
credencc 10 their testimony. Peter Cole
himself testified it was he WHO struck
Kleckner, and that Joe Cole was not in
the garden ut the time.
At the preliminary examination before
Justice Chamberlain, OF Goshen, the defen-
dant, Joseph Cole, was recognized to sp-
pear at the March, 1867, term of the Cir
cult Court, which he did, and the case was
tried by a jury, under the direction oil
Judge Lowry-the jury, finding him guilty,
and assessing his punishment at six year;
Imprisonment i'm the State Prison, and a
fins of one hundred dollars, and the costs
OF the suit. Cole at once applied for new
trial on the ground that one of the jurors
Mr.. Wade had, previous to the trial, ex-
pressed an opinion concerning the case
and had manifested prejudice and hostility
against the defendant. The statements
which il was alleged Mr.. Wade had made
were evidenced by four witnesses, some al
least Of whom were Of rather bad charac
ter; but Mr. Wade disclaimed any recollec
| ton of having made such declarations, ant
!. claimed that he had treated Cole fairly ant
impartially. Judge Lowry granted new
trial, and Cole was released from confine
ment ON bail Of four thousand dollars
At the present term of the Circuit Court
{ Cole applied for change OF venue. which
/, was refused by Judge Tousley. A specia
} jury was selected fromthe southern part o
the county, and the new trial was had
! the general facts ELECTED upon the trial o
: the case being the same as in the first in
stance. The new jury found him guilty
E and assessed his punishment at ten year
, imprisonment in the State Prison, a fine @
r four hundred, dollars and the cost of tn
e suit Cole received his sentence with con
Q siderable feeling, and vehement protesta
r lions of innocence. On Saturday he pass
r ed through this place, on bis way to tn
c Michigan City branch ofthe State Prison
( in pursuance of the Judgment against him
r The case was patiently and carelull
2 heard bv the jury. Judge Tousley NANTES
. ted the greatest libera,ity and fairness in hi
S treatment oft The counsel for the Stat
: were James III. Carpenter. prosecuting al
8 torney. w. A. Woods, and o. III. Main
!, Those in behalf of the the prisoner wer
D Prof Fowler and G.. A. Ewing.
r General Thomas o. Osborn has receive
lsl.. d. fnr m