The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-11-15
Judge Fox Made a Finding on
The Evidence as 1t Had
Been Submitted and Made
1t Two to Fourteen Years.
A NEW INDICTMENT MAY
HAVE MEANT LIFE TERM.
All Attorneys Interested Sub
mitted Statements in Which
They Made Clear Their Atti-
tude in the Matter.

This morning in the circuit court
Henry L. johnson, attorney for Verna
Green, who on Thursday the court had
granted a new trial on charge OF as
sault and battery with intent to COM
NIT rape on little Hazel Harris, stated
that after a consultation with the faith
er of Green he had decided to enter a
plea of not guilty TO the charge for
which Nerna was indicted and allow
the court to pass on the case accord
ing to the evidence introduced before
the jury. Judge Fox asked Prosecutor
Jessup if he had any objections TO this
procedure and the prosecutor replied
that he had none. Judge Fox then
said that he had heard all the evil
dence and was willing to pass on the
case. After young Green had been
called before the bar Judge Fox sen
fenced him to an indetermnate term
Of from two to fourteen years in the
Jeffersonville reformatory. The court
said that his statement was that in
his opinion the jury was justified in
finding Green guilty as indicted by the
grand jury and that his decision was
based on the evidence in the case.
After Green had been removed to
the county Jail. Mr.. Johnson asked
permission of the court to make a
brief statement Of the case. This re-
quest was granted. Mr.. Johnson stat
ed that when he was called upon to
defend Green he visited him at the
CITY iail He said that Green was so
frightened that he could get no intelli-
gent statement of the facts in the case
so he went to Prosecutor Jessup for
the facts. Mr.. Johnson said that the
prosecutor had told him that there
was no evidence to show that an at
tempt to rape had been made by
Green. Mr.. Johnson stated that Mr..
Jessup had stated that he thought it
would be possible to charge Green on
~ with assault and battery. Mr.. John
son then cited how the hearing OF the
case had twice been postponed and
that at each time he had been assured
that Green would be prosecuted for as
sault and battery. Mr.. Johnson said
that it was with great surprise that he
learned after the second postponment
OF the trial that the prosecutor had
asked to submit the case to the grand
jury and had withdrawn from it III
favor Of Attorney J. +. Robbins. Mr.
Johnson then stated that the evidence
Mrs. Harris had given the prosecutor
shortly after the assault had been
committed was not the same testi
mony that she had given on the wit
ness stand. Mr.. Johnson stated that
had Mrs. Harris given the testimony
on the witness stand that she had Civ
en- to the prosecutor it would have
been impossible for the jury to find
Green guilty of intent to commit rape
Mr.. Johnson stated that just recent
1y the prosecutor had informed him
that he still thought Green guilty only
OF assault and battery. Mr.. johnson
stated that he also was still of the
same opinion.
Robbins Version of it.
Mr.. Robbins said that he had un
derstood that Mrs. Harris had never
given the prosecutor an account Of the
crime and that the first statement she
had made was when she testified be
fore the grand jury. He said that he
lnew Mr.. Jessup was honest and sin
cere in his opinion that Green was
guilty only of assault and battery and
that on this point only did he and Mr.
Jessup disagree. Mr.. Robbins stated
that the case was again considered
Thursday by the grand jury and that
he felt the evidence introduced woulC
have been sufficient 70 indict Greer
for rape. If he had been found guilty
of this charge it would have meant
life Imprisonment.
Prosecutor Jessup gave a cleal
statement of his side of the case HI
said that on the evening of October
~ he chanced to be at police head
quarters when Green was brought in
He heard a statement of the tact>
from Mr.. Harris and Sergeant McMan
lis and then Immediately telephoneC
to DR.. I. S. Harold who told him tha
he had examined the Harris child ant
that there was no evidence that Greer
had attempted to commit rape. Thir
fIy-SlX HOutS idtei He met MI ana MrS
Harris in the circuit court room. II,
said that he had a hesitancy abou
asking Mrs. Harris for any of the par
iiculars of the case so he made hi
INQUIRIES of Mr.. Harris, who told hin
what Mrs. Harris had said about tn,
condition of the child after the as
sault. Mr.. Jessup admitted that Mrs
Harris had never talked to him abou
the case but he supposed her tus
band had given correct statement o
what Mrs Harris had told him. Mr.
.fessup said he was greatly SURPRISED
when he heard the testimony given b.