The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1878-12-11
MorganfOwn Letter.
MoRGANrowN, Ky, Nov. %.

The Butler Circuit Court convened
on Monday 25th-R. c. Bowling pre-
siding; G. Kelly. clerk; H. Rristow,
sheriff, and j. T. Rives, jailer. The
attorneys in attendance are j. w. and
M. l.. Ward, Tho's p. and William
Wand, Fl. A. James, l.. J. Smith,
Judge B. L. ID. Guffy and Jerome T.
Moore, our local bar, and ID. G. Walk.
er the Commonwealth Attorney for
this Judicial District, from Franklin;
]. NJ. Porter and III. T. Clark, from
Bowling Green, and Hon. Z. Dudley
Walker, from your city. There are
four cases on the docket for murder;
one against Joseph Gibbon. who has
not been arrested; one against Benja-
min Merrett. for the murder of boy
by the name Of Wiley Mckee, on the
farm of Samuel Sowders, about eight
months ago; one against VIM. G..
Fleming for the murder of r. III. Sim.
mons in the town Of Rochester; one
against John L. Rose for killing David
C. Phelps, which was called on the
LIST day of the Term, and jury en-
pannelled, and they this evening. at
5 o'clock, returned a verdict Of guilty,
not of murder, but of manslaughter,
and fixed his punishment at fourteen
years confinement in the penitenriary.
ID. G.. Walker. Attorney for the com
monv ealth; NJ. L. and j. w. Ward
and l.. j. Smith prosecuting; E ID.
Walker and Judge B. l.. D. GufFy de-
Tending. 1t was conceded by the at
torneys for defendant that he did the
killing. The most important instruc-
tions given by the court as l conceive
are as follows: "The Court instructs
the jury tina, a peace officer may legal
ly make an arrest only in obedience to
a warrant of arrest in his hands. and
then only when he should have first
informed the person of his intention ia
arrest him, and of the charge against
him, ana that he has warrant for his
arrest; or, if he does not have writ
or warrant for his arrest, then the Of
ficer can only arrest him legally for
public offense committed in his pr s.
ence, or when the officer has reason.
able grounds to believe that the per
son arrested has committed feion y,
and if Phelps arrested or attempted tC
arrest Rose) without being authorized
rs above set forth, Rose had the fega
right to resist it, and to use sucl
means as appeared to be reasonably
necessary to protect and maintain his
personal liberty against said illegal re-
straint. The Court instructs the jury
that if, from all the circumstance
then occurring, the defendant had reas
enable grounds to believe and did be
lieve that he was in danger Of great
bodily harm or loss of life from Phelps,
the killing of Phelps by him (if he
did kill HIM was excusable on the
ground Of defense and apparent neces.
sity, and whether, in point of fact
there was an actual necessity for the re
sort to the measures by defendant wa;
a question to be decided by him Rose
at his peril at the time, although he
may have erred in his judgment as tC
the existence of such necessity; still, i
he did believe. and had reasonable
grounds to believe that his life was in
danger, or that he was in danger Of
suffering great bodily harm at the
hands of Phelps (deceased), the jury
ought to find the defendant not guilty.
Great sympathy is felt for Mrs,
Rose, the wife of the prisoner, and her
two daughters. Mrs. Jas. F. Neel and
Miss Eliza +. Rose, who have been in
constant attendance during the trial.
The Commonwealth vs.. VIM. G,
Fleming has been continued by de
PENDENT. L. ID. Walker and j. w
Ward are for the defense.
The case of the Commonwealth VS..
Jasper Havens, for rape, is also con
iinued.
The Grand Jury is composed of the
following persons, to wit: j. NJ. Cook
foreman, Jas H. Wade, Washington
Brown, w. G. Knight, John B. Col
ton, Jas Fl. Guffy, j. G. Make. SAM
II. Austin, Ephram Mccoy. ID. NJ
Smith. Ben. l.. Phelps, Silas Bratcher
Columbus Smith, Solomon Phelps,
Robert Sterrett and A. b. Tanner
They have not yet reported any indict
ments.. X.
sA- Grant County Herald: A prom
inent man. not many miles from town