The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-14
Seven of twenty-five Men
Called as Jurors in Keller
Murder Hearing Answer in
Affirmative.
JURY TO SIT IN THE
CASE is SELECTED
State Will Claim Killing of
Thornton Was Premeditat-
ed and Will Ask Death Pen
atty.

Upon being asked the direct question
seven out of twenty-five men who
were called as jurors in the case of the
State VS.. Keller, declared in the Wayne
circuit court today they are conscien-
tiously opposed to capital punishment,
despite all circumstances. After the
defense had accepted the regular jury
with one exception, the prosecuting at
torney asked each juror to answer the
following questions:
'Dou you have or entertain such
scruples of conscience or opinion upon
the subject of infliction of the death
penalty, as would preclude you sitting
as juror, from finding and returning
verdict of murder in the first degree,
and inflicting the death penalty. in
case the law and evidence in your opin-
ion warranted the finding Of such ver-
dict of guilty of murder in the first de-
gree against this defendant?
Gould you, i'll case you are selected
as juror in this case. as readily vote
to sentence the defendant to death as
you could TO sentence him to life i'm
prisonment, if you thought the facts
warranted such a finding; and in case
the law and the evidence in this case
warranted a finding of guilty of muir
Ger in the first degree, would you, as
readily inflict the death penalty upon
the defendant in this case as sentenc-
ing him to life imprisonment"
Those Opposed.
To these questions Ed Deitemeyer,
George Parry, Willard Williams, Jere-
miah Meyers, Glenn Duke, Charles
Wilson, and James C. Taylor respond
ed they are unalterably opposed to the
death penalty. All of these men were
challenged for cause by the state and
excused by the court. The members
of the jury picked upon finally, to de-
eide the issues in the case and who de-
clared they do not oppose capital pun
ishment, which in this state, means
hanging, are: John Ernsberger, Harry
J. Smith, James Jackson, James Ladd,
George H. Miller. Charles Reiser, Ell
mer Lumpkins. Van S. Ball, William
Borton, Emmett Druley. Irwin Ander-
son and Fred Stats. Jackson, Ladd
Druley and Reiser are the only men,
bers of the original jury that were ac-
cepted. The state excused Harmon
Woke and the defense excused Fran
els Clevenger and Francis McMinn.
Plotted to Murder?
Sherman Keller, colored, is charged
with the murder of Ben William
Thornton. He shot Thornton on the
night of October II. and few days
later sThornton died at the hospital.
Keller has maintained he shot in self
defense. The state will claim the
murder was the result of a premeditat-
ed plot. planned in cold blood. A
large number of witnesses was sum-
moned. The state had ordered a spe-
cial venire of thirty-five men from
which to select the jury. The court
room was crowded at todays sessions.
The selection of the jury occupied the
morning and the case was opened by
the state at 1 80 o'clock this after
noon. The statement was made by
Wilfred Jessup, prosecuting attorney.
Will Ask Death Penalty.
The states attorney will ask the
jury not only to convict Keller as
charged in the indictment, but to i'm
pose the death penalty. 1t is the first
time in many years that a Wayne
county jury has been asked its opinion
on capital punishment. The state
will Introduce as mute evidence, the
suit of blood-clotted clothes worn by
Keller at the time of the shooting. the
revolver with three empty cartridge
shells that was taken from Keller and
the soft hat lost by Keller in his flight
following the shooting. The state will
try to prove that Keller was infatuat-
ed with Thornton's wife and being un-
able separate the couple. intercepted
and shot Thornton in his wife's pres
ence. as they were walking on Fort
Wayne avenue.