The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-08
Charged With Numbering His
Friend, William Espy, in Frank
lin County, Illinois.
CONVICTED AT PREVIOUS TRIAL.
Two Hundred Witnesses Are Sum
moned-Learned Counsel Ap-
pear on Both Sides
of Case.
REPUBLIC SPECIAL

REPUBLIC SPECIAL
ShawneetoWn. H.. April THE case Of
the People vs.. Harry Hubbard. which has
been brought from Franklin County 20 this
county by virtue of a change II venue. was
called in the Circuit Court here this morn
ing.
Immediately after the case was called
Judge c.. II. Layman. attorney for the de-
Tense. presented a motion and petition for
the defendants discharge. The petition was
quite lengthy, setting forth reasons in de-
tail. but the court. Judge +. y. Young
Hood OF Mount Vernon. disposed Of the
matter in short order by overruling the mo-
ton.
r TO oUASH THE INDICTMENT.
The defense then asked leave 10 withdraw
the plea of not guilty which was entered
IN the September term. 1.oe. and asked that
the indictment be quashed on the grounds
that the Indictment was not good and the
records in bad shape. This same motion
was overruled By Judge Newlin in Septem-
Der. and Judge Youngblood sustained his
ruling. This defense then asked leave TO
file additional motions.
At this iuncture the court emphatically
displayed his intention OF compelling the
defendant 10 go to trial II possible. The
State announced ready.
The defense asked for q recess until l
O'Clock TO consider the matter. At l o'clock
the defense answered ready for trial. and
the selection OF q jury was begun. Forty
four Jurors were examined when court ad-
tourned at 5 O'Clock and six were accepted
by both sides. In all probability It will take
most OF the forenoon tomorrow TO finish
the panel OF Jurors
CASE ATTRACTS ATTENTION.
The case is looked forward to with keen
interest by The entire pOpulace OF Egypt.
Hubbard Is charged with the murder Of
pahion.
On March Il. 1901. Epy was shot at the
home OF his father. sidney y. Espy. 1t
seems that Espy was Jealous OF his wife.
and. f. is said. he threatened 10 kill her
and take his own life. He became frantic
later in the evening.
ing. and no light shOne out into the hail
Cries Of help were heard inside. and almost
iNmneqWs2 s79 EssTs sss,s a s Is5 rams Tsng S out
and she was heard to say: "wiu has killed
himself" An inquest was held. and the
jury returned a verdict Of suicide
Shortly after the verdict the community
was startled by the story of John r Ma
lone. who claimed he was standing in the
doorway and saw Hubbard kill Espy. which
led to the defendants arrest.
CONVICTED OF MANSLAUGHTER.
He was tried in the May term Of the
Circuit Court in Franklin County, convicted
OF mansIauSnter ana sentenced 10 serve
fourteen YEARS In the Pepitenuary.
The case was taken to the Supreme Court
and a new trial was granted Hubbard-nOt,
however. until after he had served twenty
two months In the Penirentiary, because
the records OF the case were poorly kept
and the Supreme Court could not inteIli-
gently act on the case.
A change Of venue was then granted to
his county. Never since the celebrated
Carterville riot case has q greater array of
legal talent been pitted against each other.
including such men as Ex-Governor Charles
=. ohnson OF St Louis, who Is for the de-
Tense. and Congressman j. r. Williams of
CRrmi for the prosecution. Other attorneys
in the case are: For the defense-Iudge
c. II. Layman and w H CantrelI OF Ben
ton and ID. NJ. kinsal and George b. Par
sons Of this city. ror the prosecution
Judge George W. Pillow of Marion; Judge
T. b. STEELE of McLeansboro; ". II. Hart
McKernon and State Attorney e. T. Hons
ton OF this city. Two hundred witnesses
have been subpoenaed-