The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-11-22
1t Did Not Take Long to Reach
A Decision Following the
Close of the Argument
Thursday Afternoon.
DEFENDANT OVERJOYED
BY FINDING OF THE JURY.
BY An Odd State Law, Men,
bers of the Jury Will Not Re-
ceive Pay for Their Work.
Some Splendid Argument.

After being tried three times on a
charge of assault and battery on Mrs
Laura Evans, a colored woman, Alon-
10 Kepler has at last been found not
guilty of the charge. Arguments in
the third trial were concluded Thurs
day afternoon about 4:3O o'clock and
the jury Immediately retired to con-
slider the case. It was generally
thought the jury. like the juries in the
two first trials, would be out a greater
part Of the night before reaching de-
cision. Much to the surprise of ev-
eryone the foreman of the jury an
nounced at $50 o'clock that verdict
had been reached. The attorneys in
the case and Mr.. Kepler were at once
notified and by G:3O O'Clock all had as
sembled at the city court The jury
then filed in and the foreman an
nounced that the defendant had been
found not guilty.
Mr.. Kepler. with tears in his eyes.
rushed to the jurymen and after vigor-
ously shaking hands with each one Of
them, he invited them all out to din
ner. The jurymen refused to accept
the invitation but lost but little time
in inviting themselves to a hearty re-
past. For the three days the jury
men were engaged in this case they
will not receive one cent for their SER
vices because the defendant was found
not guilty. BY reason of an odd state
law jury in city court must return
a verdict of guilty before they are en-
titled to any fees.
Jessup Opened Argument.
Prosecuting Attorney Wilfred Jes-
sup made the opening argument in the
case. He refrained from personalities
and confined his talk to an explanation
of the points of law involved in the
case. 1t was a clear cut argument
Attorney T. J. Study for the defense,
followed the prosecutor. Mr.. Study
argued that Mrs. Evans, the prosecut-
ing witness. had been impeached in
that the defense had proven by jurors
in the first trial Mrs. Evans had testi-
fled that kepler had taken hold of her
twice and that on Wednesday she had
testified that he had taken hold of her
three times. Mr. Study also cited
the fact that Mrs. Evans prejudice
against her race was shown by the fact
that all the character witnesses from
Fountain City presented by the state
were white. Mr.. Study used this fact
10 illustrate the probability of Mrs. Ev-
ans becoming angered at kepler be-
cause he had told her she was colored
and that he would not negotiate a
trade which would place colored
family in a white neighborhood.
John F. Robbins for the defense. fol.
lowed Mr. Study His argument was
to the effect that the law required that
a person should not be found guilty OF
n charge unless the jury or court was
satisfied from the evideIfce that he was
guilty beyond a reasonable doubt Mr.
Robbins stated that in this particular
case MI. kepler had not been proven
guilty beyond a reasonable doubt. The
evidence introduced against him by
Mrs. Evans. Robbins stated. was IN.
corroborated and that the defense had
impeached Mrs. Evans as witness
Henry l. Johnson. attorney for the
prosecution. closed with a brilliant ar.
sument in which he arraisned kepler
in most vigorous manner.