Lexington weekly intelligencer., 1873-06-18
MURDER TRIAL,
Trial Of Eawin Turner for the Mar
der Of Lafayette W. Groves,
.as.liaasas City.
OF snu Tcsilmony on
es,aaY-rho case 20 se G,vca
10 thc Jary To-day.
FiFrn nAr-rIrDAY. JUNE Is.
d..I. n. ......z-..A 4

rIFrn pAY--rEiDAY, JUNE Is.
l1o,,raal's rrpert.l
c,ut convened at y clock, but owing to the
absence of Mr.. Green, one of the attorneys for
The 4. f.nse, buslness was deferred untsl nearly
tea O'Clock. The attendance at opening of
lcourt was quik slim, owing to the rain; how
lever, befure the adjournment ut noon, the seats
We're nearly all occupied.
The Court announced It's conclusion relative to
the point under discussion the day previous, an
nouncing IL, ruling in the premises u wouia
not advance an opinion, As such was not ut that
ssge of the ease necessary or proper. Inc
ruling was announced as follows:
n l will NOT state at length, the reasonsfhat have
led to the conclusions which hare been reached
i,by the Court. Many OF the same rules of law
that have been under discussion, will necessarily
come NJ, again, upon instructions to the jury. J.
,heryfarc NJ frnin from any expression of opinion
except from the naked point of the competency
of tie questions proposed, TO the witness.
Irthr proposed testimony Is excluded, 1t VIII
simply leave before the Court and jury the facto
the commission of great crime without any APP
| parent cause or motive. An utterly causelcss or
,purposc!ess murder is not committed in this
country once in the time of n generation. For
tuna;eiy for our race, wicked as. IL is, there are
bu, few men in the land who will cor.,mit such u
crime from the sheer force of the deviish rnalig-
atty of their hearts. II may he true that in
jorilS Of the crimes OF this character, the motive
may be wong or the cause inadequate, but that
is question C Legitimate inquiry for the jury.
| In the case of this defendant both his compar-
atiycly tender age and he proof of good charac-
ter already made, forbid Gs to assume that he had
committed this greet crime without some cause
or motive. How Ear he may be excused or ju5ti-
fed is not for the Court to inquire, but the conn
mouest dictates of justice demand that he shall
At least have the opportunity toeSplaih tie cause
motive that prompted his acts. Tie refnsa. Of
the proposed evidence cuts Off all such opporiuni-
ty and practically consigns him to the penalty of
the law without the chance of making his de-
fease. Surely the law cannot contemplate such
thing.
In addition 10 this, 1t is the opinion Of the |
Court that :. fair Interpretation of the general |
rules of the law applicable to Tie and of the
majority of the decisions that have been rendered |
upon similar cases, will authorize the admission !
OF :.se proposed testimony.
ROBERT TAUpMAN
was then introduced, and the case opened.
Ques.-nid You on the morning OF Er;d:y, the
,.ith Mr.. Groves about defen'lant?. Ans.-I did.
G.S.-!n that conversation, what threats, II
any, ws.e made by the deceased agains. The de-
werr made; in ..neakins Of the pistol deceased
said: am not carving this pistol foryou tiFsan-
some time before the i'spc of the last paper; |
don't re-, ol.ect whether lac 'lid the iSrELLlGEN-
cEn or not; lie said that mtSt be aware of the
difficulty existing between tli. aud Turner, anu
that Turner had 10 retruct take &C conselnen-
ces; that is all he said i'll regard TO 'er; it was
between nine and ten O'Clock in the mo,iiing that
Groves mad said; had been down 10 the b snk
and was Just returning, when told Turner all
did not see the pistol; he remarked, placing his
hand upon this packet, that he was not carrying
'h;s pistol for me- i was his right hand pan;a
the pistol for; have told You all the conversation
at that time in regard to Turner; told him all
the conyersaiion;I showed him the.way Groves
carried his pistol, and told him to be guarded and
very cautious, rs anticipated trouble; ON the
resson Wiih lefaoe the eceased I Irhe @
was oil. .ccteti to. III
Qres.-What threats, if any, Were made against i
what YOU call threats; Groves and had con- 4
ers::tioa N the City hotel steps Wednesday,
talking Of other matters; after all was through he a
went on TO tell me about Turner, his language, {
IS near us can recollect, was about like this: /
n the Resister for which he had given him cur ii
ing, and that the dirty puppy had not the cour. b
'Se to & m;en' it, but that & it WIS not settled t,
!!ter supper. l communicated his to the "
defendant, probably half hour after had tae "
L
With deceased in regard to defendant that re- ~
'o!ect of; was sheriff of the county at the time. II
ceilings ut the time toward deceased? tobjec;ed "
o and objection overrule,l-eNcepted to by de- d
ense.l Ans.-on Wednesday, the day after the V
lection, they Were not kind. n
Qnes What We're your feelings toward de- {
'endant? [ubjected to and objection sustained. h
feelings toward deceased as kind as they ever
had been, the cause of the unlind feeling; on o
The 9th had been removed. $
ROBERT Young a
The question of the day previous was renewed, !,
md answered as follows: was present at a u
ersation between Groves and Turner, ten or u
welye days previous to the shooting. lObjeccd "
TO- The court ruled that the threats were :t,imis- "
'ible, but that words and acts OF the defendant
II that time Were remote to the killing, and un- 81
Question. threats, if any were made, by a
iroyes to Tnrners Answer. He just told 1ur II II
,es # Hytilins appeared in that paper again he ii
At that tsne, Turner was sitting bick by the "
.9ve Tsan re, a. newsraper 91Pecon: tom. Were
IL his pocket and his lclt extended, making ges- m
lires TO Turner; could see nothing in his hand; n,
ne iiand was jnst in about the position tell you NJ
conversation TO Turner? (OIiect..l to, and OBJ
ection sustained, and excepted to by defense.)
Que. Whit was the m..nner of Inc deceased V,
owird the defendant q; that time? e.
Objected 10, and objections OveIrulcd. "
-ins.-lIe WAS rs angry as he could be. al
Qmcs.-W'la. opprobrforls epithets If any, did OF
he deceased apply To the defendant t that time? III
Objected TO; objection sustiined-excepted to m
Ques.-Dil not the decease at that time, while ey
i; risll; hand was in his pocket call the defendant st
dirty liar and i son Of Il b-h- TO
Objected to, and objection nsustained-excepted lii
, by the defense. IN
4 question propoundcd to Mr.. Easter relative Iii
statement miie'at the county Jail, in i.afay- si
l heard Il conversation between Easter and Il,
'urner, ut the time and place mentioned; Mr.. NJ
,aster said that he saw Groves pistol before p'
urner shot. ut
CRoss-ExAMISEp.- II don t recolect what time III
was; Court was in session Ut the tine; went n
o the Jail TO see Turner;I am pretty good
II the defense; went to the jail once or twice
week TO see him; Easter went once or til
vice with me; otter persons went with me 10
lsO, but not ut that time, but at other times; | Ell
lnk Turner asked Easter if he saw the pistol; 10
don't remember; but think Turner introduced
le conversation.
SAMUEL iscnuAM.
reside in lexington; resided there last No. Il,
ember; aih acquainted with both the decc.i sc,l L,
nj the defendant; was Mt that tims; remember l.!
bout the time of the killing; don't remember hi
re date; eight or ten days prior to the killing, o
card Groves make threats against Turner; one ab
forming, Mitchell and McHinnn were with me; re
rSves S came ni.in over ,t, to where We were So
me out Of Yolnss store; Groves Grow pointr ntr pa
over and said: 81 have just been calling that In
Irnsr m Is to- to account @ for that paIlisaton and
4 him a dirty s-n of u b-h;'' (quesiorul by +,
le Court US to threats) one of the parties asked
IL
ing his hanil in his pocket, said that's lust su
hat wanted him 10 do; he put his right hand
his pants pocket; fold Turner Of itsin frt
i0rt time afterwards; probably half an hour: tai
ave known Turner about three Years, and
roScs not SO long; am telegraph operator; tn,
urncrs reputation IS peacelbie and quiet cti- lie
N is good. stg
Were YOU sworn an
wit.css III january, upon an application for hu
iu before auuge Ewing ut this court house? I1l
ns.-fes; don't know when 1t was; it was CIR
,me time ago. SD
QueS.-Did You not swear ut that time that
raves was standing with his hands in his of
Ocke.s? Ans.-I did not. Inv
Qnes.-At that time did You not state that IL,
rores was talking with John McEinnin and III,
.hers. anu thit You came up and only heard a tai
art OF the conversation? Ans.-I did not
Qnes. AT that time did you swear that he nut an
IS hs'ntis IN his pockets? Ans,-I did f,I
QueS.-Did you swear ut that time whether su,
urnef came out of ioung's2 Ans-i cannot
~.
Qucs.-Did You at that time mention the name de
Turner in connection with Groves at ali?
ns.-I did. " ~
DE-. GALLAHER,
My name Is Samuel Gallaher; was. In oc,ol,s- l
I'd November, lS72, living at Lexington was .,, ed
tainted with both Groves and Turner; hear, ten
rOyes state the 9Th day of November Inst no'
81 year, that he was bouud to kill Ed Ttrnrr Tu
he did not recall q certain statement. lived lie.