The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1893-09-29


A New Trial for Thurman.
Judge Welborn on Friday, before be
incurred Court, set the verdict OF the
larry aside. affixing the death penalty
Ibe John j. l.. Thurman, for the muir.
ee OF H. q. Wright, the travelling paint.
In near Kyana. The motion to set
\ stde the verdict and grant Q new trial
h - sustained upon the ground that
- State had :fsiled to show
~ premeditation on the part of the de.
Dndant before the crime was committed.
he Prosecutor relied for the premedi.
stiou upon the statement made by Thur.
ioan upon the witness stand, that when
10 saw Wright be Immediately thought
oat be Was one Of the tramps who had
1ommitted the outrage few hours be.
oro upon the Huntingburg r. II. pump
I1au, and that be (Thurmau,) then de-.
9rmtued 10 arrest him for the crime, and
n be did not peaceably conduct himself
~ kill him. Judge Welborn thought
nat II was not sufficiently shown that
&me elapsed between the forming of
his opinion and the killing, and follow
<ng the we'll known rule OF law that pre-
fAeditatlon must be shown before the
esth penalty can be affixed, granted the
'lew trial.
\ With this impression existing in the
fudge's mind, It was not only the best
!'ut the only thing his honor could do
10 grant now trial. Otherwise upon
y appeal TO the Supreme Court the
nan would have to lie In Jail till some
Inc next summer, ct an expense to the
'ounty, before be could be tried again,
While now II IL likely to be settled ct the
Japuary term of court.
n On Thursday afternoon Thurman
,vrote TO bic attorneys % follows:
JAIL, Sept. 81, 1898.
/ Dear Sirs:-I am satisfied to abide
~ the verdict of the jury without fur
her trouble. Ny condition financially
makes It preferable.
n JOHN J. L. THURMAN.
His attorneys then saw him again,
and be agreed TO their motion for . new
rial and told the Judge be wanted It..
rhe fact Of bic being willing 10 hang on
ssecount Of being poverty stricken, 10 .
good many minds IL 90 indication OF
weak.mindedness. However it may
'1ave been fear, % be knew the present
1I@culty would cause his name to be
widely Published, and be had told men
b had worked with several years ago
u Jsckson township. that be had shot .
Dan 10 Kentucky, aud had to leave
here 10 hurry, and did not dare TO 20
beck. He lived on 40 acres OF land be
leo4tng to the Louisville Mining Co., in
Jo9oeeon township, In . rough round
~ houso, without door or ceiling, or
|ooy oo0torts, or even common conven.
|0ooeoos TOT the past six or seven years,
nd sever seemed 10 have ambition OF
|cooegy enough to do much work or fx
up any, bot would rather lie around and
|eajk. HE life 10 jail 10 much better
enan be has been accustomed to. He IL
shout 60 years old, and writes Q fair
band, yet never had any correspondence
With friends. He says be was married
'ooce, and had one boy, who is now Iiv.
leg 10 Kentucky, but that his wife died
|oluce which time be has lived by himself
and done bis own cooking.
The people generally condemn the
setting aside Of the verdict, although |,
b the fret time 10 the history Of the
county where jury has affixed the
death penalty. Yet the crime was &C
otsoclous It Was with difficulty the PEG.
pie Of the neighborhood we're restrained
b. Esq. Kessner from banging him at the
time. 1t 10 also the first time In this ju.
dicial circuit since Judge Welborn has
been on the bench, that . jury has
brought In verdict OF death,
and naturally the Judge was taken
~ surprise somewhat. and
some think ihis leaning rather toward
mercy accounts for the new trial being
granted. But his honor declares it was
simply matter Of law, which his oath
q Office compels him to administer. AT
I'll events court was adjourned immedi-
lately after the reading Of the verdict
and polling Of the jury, without con-
Guiding the evidence OF . witness who
Was being examined in . civil action.
Thurmsn can receive . perfectly fair
trial 10 this county next January, and
ell parties should scquiesce readily in
The decision Of the court, and discount
tsnance needless expenditure Of time
and money.