Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-07-24
JUSTICE THwARTED.
The Tolliver Crowd Acquitted In
Rowan County.
special to the Couricr-Iournal.

Especial to the C0uricr-JOurnal.
MoREmEAD, KY, July 2l.-The eX-
aiming trial of Tolliver and others
is finished. AT the close of The At
torney Generals argument the Court
withdrew to the room up stairs for
consultation, from which they return
cd in very short time and resumed
their seats. Justice ". NJ. Moore
announced that it was his decision
that the prisoners be held over with
out bail, but that his associate, JUS
tice W. w. Phillips. dissented from
him, at the same time calling upon
Phillips to announce his decision.
Phillips announced with evident con-
fusion, and holding that he thought
that the defendant went to Martins
house with a warrant probably sworn
out, and that he thought under the
law they had right TO shoot the
men that were attempting to escape
from them and that the defendants
were therefore acquitted.
1t has been known certainly to the
counsel for the Commonwealth, and
presumably to that of the defense,
since early in the trial, that Philips
was committed to the interest of the
prisoners, and was determined 10
acquit them at all odds.
No surprise was felt, therefore, at
the judgment of the court, but all
save one or two in the courtroom
could not have been more surprised
by clap of thunder from an
nnclouded sky than they were when
an official looking parsonage, stepping
through the guard Of soldiers, laid
his hand upon the arm of Craig Toll
liver, who was just about to receive
the congratulations of the friends
standing about him, and said, in cool,
low tones: "YOu are now my pris-
one" For the first time, and then
only for an instant, since the begin
ming of this trial was Tollivcr seen to
blanch and cover. lie was taken
from the COURTROOM under guard,
the papers of arrest looked into, and
put, contrary to his vigorous protest,
into the Jail, whence he will be taken
tomorrow to Cincinnati, TO answer
all indictment for robbery found
against him by the Hamilton county
grand jury in 1882.
Toliver was indicted in Rowan
county in 1876 for cattle stealing, and
fled the country, going to Ohio. lie
remained there till the indictment
against him here was filed away.
While in Ohio he was married, and,
in company with three other men,
robbed his mother-in-law, and, it is
said, killed a man in eilecting the
robbery. lie deserted his family, and,
as was said, returned to this place
and was entirely lost sight of by the
authorities in Ohio till the recent
troubles here, which have brought
him so prominently into notice. 1t is
needless TO say that he was decidedly
unmarried man here.
1t is felt by all that this trial not
outstanding the judgment of the
court, will have a good effect in pu-
rifying the moral atmosphere of this
place. There has been clearly set be-
fore the people of Rowan, in the calm
vigor and determination of the prose-
cution, lively picture of the majes-
ty and sanctity Of thu law, and il is
believed that certain portion of the
community, and the late prisoners in
particular, fully realize for the first
time that the law cannot with i'm
punity be abused and perverted to
the accomplishment of personal ends.