The Indianapolis journal., 1884-10-29

or argument in the brief of thec counsel. Wehave,
however, carefully examined all of them =
Some question is made as to other instrut tons
refused. In other words, it is stated in the brief
that they should have been given. We have
examined them all with care, and without ex-
tending this opinion it is sufficient to say that
they are covered by the instructions given by
the court"
The conclusion of the opinion is as follows:
1--WE think that the evidence for the purpose
admitted. was clearly competent The charge
then, is murder in the first degree a necessary
ingredient of which is premeditated malice.
Evidence that appellant and his wife had had
frequent quarrels that he had at different
times assaulted and beat her, and threat
ened to kill her, was competent to 60
to the jury to be considered by them, in con
nection with the other evidence in the case, the
determining as to whether or not there was pre-
meditated malice. The fact that these quarrels,
beatings and threats had extended through a
series of years would not weaken the evidence
nor render it incompetent, but rather strengthen
it We have examined all of the ques
tions discussed by counsel pointed out by them,
except that in relation to the sutficency of the
evidence. 1t must be apparent from the evi
dence we have set out in this opinion, that un-
der the well-setted rule we cannot disturb the
verdict on the weight of the evidence. After a
careful and patient examination of all the ques-
tions to which our attention has been called, and
with keen sense of the responsible
lty resting upon us in case
involving the life of fellow-b being, we are con-
strained to hold that there is no error in the
record for which the judgment should be re
versed The judgment is, therefore, in all
things affirmed"
Judge Claypool, the counsel of the condemned
man, carefully examined the decision, yesterday
afternoon. He stated to a Journal reporter
that he would this morning file motion in the
Supreme Court, asking for a rehearng of argu-
ment on the appeal for new trial. He is of the
opinion that an erroneous Interpretation has
been given the language asking for certain in
structions, and upon this question he will make
final effort to save the life of his condemned
client
HOW KGRNER RECEIVED THE NEWS.
The news of the adverse decision of the Su-
preme Court was conveyed to Korner by Sher-
iff Hess, who said to him. 'Mr. Koerner, the
Supreme Court has sustained the decision of the
lower court IN your case, and you had better pre-
pare for the worst, for 1 don't think that Gov.
Porter will do anything for you" The prisoner
said nothing. but look Of blank amazement
came over his face. and for time it evident
that he did not fully comprehend what was be-
ing said to him. The Sheriff asked him when
would you like to see your chidrenF ANY
time-any time" was the answer. Mr.. Hess
then said, ''K9rner you know your wifes body
is at the undertakers Do you want yours and
hers to be buried together2' The answer was
Yes" and he continued: 1t is not right that u
man should be treated thus in this country" and
then he broke down completely. He fell from
his chair to the floor face downward and moaned
and cried aloud for nearly an hour After being
removed to the interior of the Jail he kept on
repeating these violent demonstrations. and his
attendant and the other inmates could not paclfy
him. Later in the afternoon he became little
more composed, and received his brother Valen-
tine and two friends who called to see him. But
at no time was his conversation coherent and
his lamentations were as childish as they were
pitlable The man is q wreck, and unless he
braces up" considerably within the next
two days, his execution is likely to be a very
sensational one. His ignorance of legal forms
and decisions is striking. He had expected, not
that the Supreme Cout would grant him new
trial. but that it would set him absolutely free
and he had no other idea than that Ne would
ultimately he released from confinement On
Monday evening hewas taken into the Jail Office
while his cell was being searched When he
was called out by the iailer his face lightened up
and he exclaimed. You are going to turn me
loose, and his disappointment almost prostrated
him when they told him this was not SO. He
has kept his courage up since his conviction, for
the simple reason that he firmly believed that
the Supreme Court would set him free, and not
even his attorneys have been able to make him
understand the real condition of affairs Yester-
day he was visited twice by his minister, Mr.
Seuel. who prayed with him, but he still persists
PETITION FOR COMNIUTATIoN
Kerner's brother, Valentine other rela-
tives, and a number of welknown Ger
mans of the city, last night busted
themselves in getting up petition to
Governor Porter for a Communication of the SEN
tence to Imprisonment for life. 1t will be very
generally circulated to-day. and it is expected
that thousands of signatures will be obtained
His Excellency is at present out of the city, but
he is expected to return to morrow, when the
petition will be presented to him.
In the meantime the preparations for the exc
cution are going briskly on. The scaffold was
completed yesterday, and board fence, fifteen
feet high, put around on the top of the Jail wall.
The gallows will be tested this afternoon. Sheriff
Hess will himself personally superintend the
execution, and only about 100 persons will be
admitted to see it. Yesterday he received ap-
plications for tickets from 200 people, mostly
residents of the city, although dozen or more
were from different parts of the State.
When Koerner was locked up in his cell last
night, he was rather quiet and undemonstrative
When asked if he wanted anything. he said only
to see the German papers in the morning
During the evening Rev. Mr.. Seuei called at the
Jail, but did not go in to see him.