The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-28
BURTON'SNECK SAVED
BUT HE WILL SPEND THE REST OF
HIS LIFE IN PRISON.
For Over Five Hours the Greenfield
Jury Debated Whether to Hang
Redmond'S Murderer.
HE NOW ADMITS HIS GUILT
HIS SIGNED STATEMENT SCORING HIS
FALSE FRIEND, HARVEY.
Will Not Reveal His Name, but Gives
the History of that Nash
Vile Confession.
HE NOW ADMITS HIS GUILT
HIS SIGNED STATEMENT SCORING HIS
FALSE FRIEND, HARVEY.
snec,al TO the indianapolis Journal.


Special to the Indianapolis Journal.
IIhhENtIELD, Ind, Nov. give, the
jury, find the defendant guilty of murder in
the first degree as charged in the indict-
ment and fix his punishment at imprison-
ment in the states prison during life.
This was the verdict reached in the Bur-
ton case this evening, after the jury had
deliberated upon it five and a half hours.
It was a verdict that was generally expect
ed by those who had watched the proceed
ings closely, and it was satisfactory to the
defendant himself, who came to the trial
confident that he would hang.
The argument closed at 1870 o'clock this
morning. Colonel Black concluded his clos
ing speech for the defense, beginning at
o clock and talking until 10 o'clock. He did
not argue much on the law or the evidence,
feeling that the case was altogether against
his client in both these particulars. He
was talking for the mans life, and made
an eloquent appeal to the jury for Glenn
ency He asked that the defendant be
given an opportunity to reform, even if the
reformation had to be made within the
walls of penitentiary. Perhaps the man
had never had an opportunity. Who could
tell what his opportunities in life had been?
Colonel Blacks words had a great effect
upon Burton. He actually cried and wiped
tears from his cheeks. Three members of
the jury also gave way to this weakness.
and all the women in the courtroom were
seen to use their handkerchiefs to hide
their emotion, while the Redmond relatives
wept aloud 1t was said by those who
heard Colonel Blacks speech that a jury
would have to be composed of marble
hearted men to hang the prisoner after
hearing that appeal for mercy.
Mr. Wiltsie closed for the state. He be-
gan by answering some personal illusions
made by Mr. Downing, and handled the
local attorney in a manner that was so
severe as to cause, some to think there
might grow out of it personal feeling be-
tween the two men. He confined his argu-
ment to replying to the statements made
by the defense in matters of law and facts,
and exploded almost every important prop
osition laid laid down on argument adj
vanced. He had all the best of it in ar
gument and was not slow to take advan-
tage of it, He concluded by appealing to
the jurymen to do their full duty and not
allow sentiment to interfere with solemn
obligations to society and to themselves.
Judge Offutt began reading his instruc-
tions at 1890 o'clock and concluded at five
minutes of II o'clock. They were the usual
instructions in such cases. The indictment
and the statutes were quoted and the terms
in them defined and interpreted. He In
structed the jury that as the second count
of the indictment had been withdrawn 1t
need not be considered. Under the first
count. however, the jury might find the
defendant guilty Of murder in either the
first or second degree or Of voluntary man.
slaughter. The attorneys in the case on
both sides regarded the instructions as ex-
ceedingly fair. AT 4 o'clock court con-
vened again, and it was learned that the
jury wanted further instruction Judge Of
futt read the instructions again, the jury
retired, and, at $40 o'clock, reached a ver-
dict.
THE VERDICT BROUGHT IN.
The courtroom was crowded before the
defendant could be brought from the Jail,
so rapidly did the news of the verdict
travel. Burton came in trembling and pale
The strain of the week was telling him
visibly He took his usual seat between his
attorneys. Judge Offutt raped for order
and the usual questions were asked the
jury. Andrew Fink the foreman, handed
up to the clerk the sealed envelope
tanning the verdict. When the words first
degree" were read, a palor overspread Bur-
tons face, but the words following quickly
brought the color back, and he actually
smiled. Judge Offutt thanked the jury for
it's services and it was discharged. Colonel
Black gave notice that the defnese would
file a motion for new trial. This will be
heard Monday, if it is fled but it probably
will not be- as the defense, both lawyers
and client, is pleased and satisfied with the
verdict and cares not to take another
chance with jury.
OF the five and half hours taken by the
jury in deliberating on the case four hours
were wasted on account of one mans mis-
understanding of the meaning of the first
and second degrees of murder. The jury
voted first as to the guilt or innocence of
the defendant, and it was unanimous for
guilt. Then a vote was taken on the de-
gree and there were eleven men for first
degree and one who stood for the second
degree. Every sort of argument that
could be thought of was brought to bear
upon him, but he would not give in, and
then it was finally learned that he believed
that a verdict of murder in the first de-
gree meant that the defendant must hang
He did not know that the jury had the
option of fixing the punishment at death or
life Imprisonment and would not believe it
until he had heard the courts instructions
again, and paid closer attention to them
than he did the first time.
After the return to the jury room a vote
was taken to decide whether it should be
death or life Imprisonment. The first four
ballots resulted as follows: For the death
penalty, Anton F. Schildmeier. John Borrey
and Joel Cook; for life imprisonment John
L. Hiday, Eli H. Hunt, Robert Simmons
Noah w. Wilson, Andrew Fink, William H
Chew, Benjamin F. Young, Joseph c. Rob-
erts and James r. Foster. On the fifth bal
lot Cook weakened and then three more
ballots were taken. with Schildmeier and
Borrey still standing firm for hanging. They
finally came round to the will of the others
and the verdict was made. One of the men
who stuck out to the last for the death
penalty explained his change afterward by
saying that the other jurors agreed to let
him tell how the verdict was reached and