The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1906-10-04
MURDER TRIAL ENDED.
Jury Finds Fred Rettinger Guilty Of
Murder in Second Degree and
Their Verdict is Imprison-
ment for Life.

at Q o'clock Saturday morning when
the jury came into the court and an
nounced that they had agreed, and
Peter, Helm, their foreman, handed
their sealed verdict to Judge Berne-
tina, who read "We, the jury find the
defendant guilty of murder in the
second degree and affix the penalty
at imprisonment for life.
The Judge then asked the jury 1t
they were all agreed to this verdict
and they replied in the affirmative.
He then asked the attorneys for the
defense if they had anything to say
or any motion to present and MIR.
Parker replied not now
Judge Bernetha then thanked the
jury for their patience and attention
during the trial and discharged them.
The prisoner came into the court
room with firm tread and maintain
ed his nerve when the verdict was
read and almost before the jury was
discharged began conversation
with his attorneys in regard to plans
for future work on the case.
There was no demonstration by
the audience when tie verdict was
announced. but as the crowd hled
ont of the court room down the
steps and out into the streets al
most everybody said "it is what we
expected" and while many expressed
sympathy for the prisoner everybody
seemed to think that the verdict was
in accordance with the law and the
evidence.
When the Daily Tribune went to
press Friday afternoon, Samuel Par
ker, was making the closing address
for the defense and it was indeed a
wonderful plea in favor of the theory
of self defense and insanity. But to
sustain the theory of even semb-
lance of anything that would look
like self dcfe Sc, Mr. Parker had
only the evidence of the defendant;
all other witnesses being against
him.
The evidence of his sanity as pre-
scented by the prisoner during hrs ex-
animation on the witneis stand and
the opinion OF the best inen in Bour-
bon township who were well ac-
quainted with him, was so over
wheln1ing that Mr.. Parker told the
jury that they ought to discard all
that evidence and take only the evil
dence of DIR. Terhinger who was the
only man that knew whether the
defendant was sane or insane.
But Mr.. Parker showed that he
felt that the defendants side of the
case was critical by making strong
plea against the death penalty, as
did also Mr.. Stevens in his great ar
gument Friday morning.
The writer OF this has heard many
pleas in cases of the same kind and
does not recollect of ever hearing
any better argument, taking into con-
sideration the evidence of both sides
Than these attorneys presented Their
client seemed to appreciate their ct
forts and accepts the inevitable.
Mr.. Parker closed his great argu-
ment for the defense at six o'clock
and after supper Judge Hess made
the closing speech for the state. Ii
was a complete summing up of the
evidence of both sides and he said
there was not a shred of evidence
aside from that of the defendant who
was on trial for his life tending to
show anything but murder IN the
first degree. He drew picture OF
the defendant preparing to kill both
William and Frank Bates and Filing
er who was employed on the Bates
farm. He said that by mis- own adj
mission the defendant, before start
ing TO Bourbon loaded two revolvers
put one of them in his hip pocket
strapped the other to belt around
his waist and then when he got to
Bourbon cody and Systematically
made further preparations for muir
dering both William and Frank
Bates. He graphically and dramati-
cally described the shooting of both
men. pictured the feLdish disapolnt-
ment of the defendant when he learn
ed that he had killed only William
Bates and declared that he had IN
tended to kill both; he sumred up al
the evidence presented by the state
and told the jury that the Law and the
evidence all called for verdict OIL
murder in the first degree and the
hanging of the defendant.
Mr.. Kellison in his great speech
had declared that the ples OF insan-
itv was absurd, and both Kellison
and Martindale, like Judge Hess, had
said that it was murder, not man
slaughter. because the evidence
showed generalization, showed that
William Bates was without coat
had a bundle on his arm and did not
see Rettinger until he stepped to
his side uttered an oath and fired the
fatal shot
The Jury was probably composed
of as much intelligence as any jury
that ever tried man for murder
and most of them no doubt had theli
minds made up before the arguments
began although they listened patient
w and were willing to change Their
opinions if they found that they had
been mistaken as to the evidence.
The instructions given by Judge
Pernetha were half as long as some
of the speeches and it was twenty
minutes past ten o'clock Friday night
when the jury filed into the jury
ROOM
Eor the FIRST time during the trial