The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-09
A Morgan County Jury for the First
Time Gives Extreme Limit for aiur-
der in Second Degree.
FOUR WANTED TO HANG HIM
SLAYER OF PATROLMAN WARE WILL
ASK FOR NO NEW TRIAL.
The BOO Gang Leader Sheds Tears In
JaiI-His Attorneys Congrat-
ulating Themselves.

END, and the statement that a Morgan coun.
ty jury would be too chicken hearted to do
justice in such case is refuted beyond con-
troyersy. John Ferriter is convicted Of mur-
der in the second degree and is to be sem
fenced for life in the penitentiary. the
highest limit for such a conviction Nine
tenths of the people at Martinsville were
loud and outspoken in their praise of the
jury yesterday for the verdict rendered, and
a general handshaking was kept up among
them on all sides wherever they went This
is the first life verdict ever given in Nor
gan county, and when it was read by the
clerk of the court Judge Grubbs was moved
to tears.
John Ferriter's features were, perhaps. q
trifie more pinched, but he listened to the
reading of the verdict with the same seem
ingly stolid Indifference that has characters
lied him during the entire trial. with the
exception of while the judge was instruct
ing the jury. He turned to the deputy sher-
iff who sat holding the handcuffed man on
his arm, and to whom he had said he would
be satisfied with verdict of manslaughter
ana said. "Well, it's heavier than ex-
pected." Attorney Potts was at his side in
minute, offering his sympathy. Ferriter
said: II would just as soon they would have
made it the first"
"Oh, no." said Attorney Potts, 'you must
go along and conduct yourself as you know
you can, and there may be a chance for
you yet. Griffiths and have done our best
for you, and we hope you think so''
II do and l am much obliged for what
you have done for me-
The new statute of indeterminate sem.
tence is what prevented verdict of man.
slaughter" said Mr.. Potts. 'I will try to
see you Il time or two, John, before you go"
'All right, goodbye" said Ferriter
Mr.. Grifiths had taken the afternoon
train for home just at the minute a verdict
was announced to the bailiff by the jury.
1t was several minutes before it was gem
orally known, and by the time the prisoner
and jury were brought in, the court room
was crowded. Almost any person in the
room was apparently more moved by the
verdict than was John Ferriter from any
outward indications. A slight smile played
across his face as the verdict was read He
walked boldly from the court room in
charge of Sheriff Henson and Deputy Pur-
Wis. A man late in arriving asked some one
in the doorway. not seeing that the pris-
oner and officers were just passing out by
him, what the verdict was. Before any one
could caution him or whisper an answer
Ferr'ter replied life" The man did not
quite understand, and asked ''light?' For
life" said Ferriter, clearly and distinctly.
AS they passed, Ferriter said: mo, ] will
not try for new trial have no money or
backing. and had nothing to pay my attor-
neys with in this trial. Well, beat the po-
licemen in one thing. They will not get to
hang me as they wanted to do" Later,
when in his cell, he shed tears slightly
Mrs cot1 -1,o
Ferriter, but not for the son. and was sat-
isf1ed with the verdict. The jury took nine
ballots. Four jurymen were for conviction in
the first degree, five for second degree, and
three for manslaughter The ballot was un-
changed until the fifth, when eight were
for the second degree and the others as be-
fore On the sixth the remaining first de-
gree man came down. The ninth ballot de-
cided Ferriter's fate.
Mr.. Griffiths was asked last night what
he thought of the verdict He said 1--WE
are more than satisfied. We went into the
case reluctantly, feeling that it would be a
desperate fight to save Ferriter's life. It
was necessary to place him on the stand,
and his record is said to have been the
worst ever heard Of in Morgan county
Notwithstanding all this, the jury assured
us that his sentence would have been man
slaughter had it not been for the indeter-
minate-sentence law. They feared that he
might be released at the expiration of two
years Last week a sentence of that sort
was imposed by a jury on the assumption
that 1t meant imprisonment for twenty-one
years. The verdict was severely criticised
and condemned by the local papers. This
called special attention to the subject The
courts instructions were fair. We think,
however, that new trial could be secured.
but, as we are congratulating ourselves on
the result do not think we will file mo-
ton for another hearing"