The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-31
THE CRIME AND CRIMINAL.
Killing of Captain Kirk by Palmer and
Berner-The Latter's Trial and Sentence.

Killing of Captain Kirk by Palmer and
Berner-The Latters Trial and Sentence.
CINCINNATI, March 29-Iiast December, Viii
liam H. Kirk, a horse trader, was brutualy
murdered in his stable, in this city, by two sta
BILE boys in his employ-William H. Berner and
Joseph Palmer, the latter eolored Neither of
them is twenty one years of age. They crushed
Kinks head with hammer, and, taking his
body to Cumminsville by night, threw it in Mill
creek, where it was discovered four days after
ward The object of the murder was robbery
but the small sum of $3s only was obtained
The boys were arrested and confessed
their guilt. Berner was tried, the ease
being concluded on Monday last the jury
finding him guilty of manslaughter. The
verdict aroused the most intense indignation
among the people, which was enhanced by
consideration of the fact that the jail contains
twenty two other persons confined on charges
of murder. Several overt demonstrations Of
the public feeling towards the Jury were made,
and have been published from day to day.
meeting to publicly demonstrate against the
verdict was called for Turner's Hall on Thurs
day night, but owing to some hitch in the ar
rangements the hall was not opened This was
followed yesterday by the announcement that
an organization was being formed among the
German residents, not only to hang Berner. but
all other prisoners in Jail charged with murder.
Under these circumstances, and amid this
feeling, Judge Matthews had Berner brought
into court yesterday afternoon for sentence. The
matter was kept exceedingly quiet the prosecut-
ing attorney and the officers of the court being
the principal parties appraised of the intention of
the court 1t was thought best IN the interests
of the prisoner and the good order OF the court,
TO have few spectators present as possible,
and to keep the prisoner outside the protecting
walls of the jail Just as Few moments as were
absolutely necessary.
Some twenty minutes before the usual hour of
opening court, Berner was conducted through
tie Judges private room and into the Criminal
Court room. There were scarcely any persons
present. save the officers of the court, one or two
attorneys, and the reporters, Deputy Sheriff
Minchell opened court, and Berner was asked to
stand up before the court. Judge Matthews
proceeded to go through the usual form of tell
ing the prisoner that he had been indicted for
murder in the first degree, and, after fair trial
had been found guilty of mansaughter.
He was asked if he had anything to say why
judgment should not be passed upon him. He
made no answer whatsoever One of his counsel,
Mr. l.. NJ Hadden, stepped forward and asked
the court to consider the extreme youth Of the
boy his previous good character, etc.
Judge Matthews said that the boy ought to re
gard himself as extremely fortunate, for it was
only through the utmost industry aud zeal and
the employment of the best legal talent in the
county, that the jury had been induced to be so
mereiful. The words of sentence were then
passed, and he was ordered to the penitentiary
at Columbus, at hard labor for twenty years
with the cost of the case added to the sentence
Berner received his sentence without any par
ticular sign of emotion, and as soon as the court
had finished permitted himself to be led by Grim
NAL Bailiff Moses through the judges room and
back into the jail The whole proceeding occu
pied but few moments, and very few persons
knew what had transpired till they learned it
from the officers Of the court.