The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-11-13

not receive the NprulCJ ana 10 OfutF
the jury to return and prepare a new
verdict with a statement of the defen-
dant's age as testified to in court Mr.
Robbins stated that the defendants
father had testified his son was sew
enteen years of age on Monday last.
the day the trial opeEed. Mr.. Rob
bins stated that the boys father was
the only one who had testified as to
the age of the accused and therefore
the evidence on this point is undisput
ed.
Verdict Must Stand.
Judge Fox stated that he had ac-
cepted the verdict and that it mad
been read in open court and must
therefore stand. This morning Judge
Fox was asked If he would sentence
Green TO the Plainfield school or to
the Jeffersonville reformatory.
He answered that the point involved
by the action of the jury in finding
Green to be sixteen years of age had
never been brought to his attention
before and that he would make no rul-
ing until he had thoroughly examined
law on this point provides that any
one under sixteen years OF age who
is convicted of a felony shall be sent
TO the Plainfield school, and that any
one between the ages Of sixteen and
thirty years shall be sent to the Jeffer-
sOnville reformatory. Under Mr.. Rob-
bins construction of the law It would
be possible for Judge Fox to sentence
Green to the reformatory in accord
ance with the finding of the jury.
Motion for New Trial.
This morning Henry L. Johnson. at
torney for the defendant. filed mo-
ton for new trial on statuatory
grounds. This will be contested by
Attorney Robbins and arguments on
the motion probably will be heard
some time this week. Green is SEEM
ingly Indifferent 10 the fact that he
has been found guilty of the crime
for which he was indicted. The fact
that it took the jury but twenty-five
minutes to decide that Green was
guilty of assault with intent TO com
nit rape is exceedingly gratifying to
Mr. Robbins who has at all times
maintained that Green was guilty of u
more serious crime than an ordinary
assault and battery, which Prosecutor
Jessup insisted the accused was gull
" of In this case the prosecutor
took no active part, Mr.. Robbins con-
ducting the examination of witness
and making the opening and closing
arguments in the case. Mr.. Johnson
made a splendid plea for the accused
and was ably answered by Mr.. Rob
! bins in his closing argument
Asks Fair Consideration.
Mr.. Johnson appealed TO the Jury
for a fair consideration of the evil
dence and implored them not to allow
the fact that Green, colorcd boy. had
assaulted white girl. influence their
judgement. Mr.. Robbins in replying
TO this argument stated that he held
no feeling against the colored race
but that he had always insisted that
cOlored person is no better than a
white person. He said that because
Green is a colored boy he saw no rea-
son why the jury should give him
special consideration. Mr. Robbins
then stated that society demanded il
should BE protected from such degen-
crates as Green and that IN this case
society should be given as much con-
sideratiOn as Green Mr. Robbins also
reminded the jury that Charles Harris.
father of Green's baby victim, had
withheld his first impulse to revenge
himself on the accused by taking the
law in mis- own hands and had, like
good citizen, trusted to the law for his
vengence. Mr.. Robbins stated that
the cause Of so many lvnchings I'm this
country is principally because the law
is too lenient. This argument made
q deep impression On the minds of the
Jurors. The first ballot taken by the
jury stood eleven for conviction On a
charge OF assault and battery with in
tent to commit rape and one for con-
yiction On d charge of assault and bat
terry. On the second ballot all of the
| jurors voted TO convict Green on the
chaxse for which he was indicted.