The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-11-28
WH|TEMAN VERDICT
CONSIDERED FREAK
Attorneys for Both State and
Defense Are Much
Surprised.
FINED $40 AND COSTS.
MAN ACCUSED OF ASSAULT AND
BATTERY UPON WIFE WITH
INTENT TO KILL ESCAPES
LUCKILY.

No verdict returned by any jury IN
the Wayne circuit court in recent
years has been quite so surprising as
that which declared Clement Caland-
ingham Whiteman guilty of assault
and assessed his punishment as a fine
of SO and costs. Whiteman was
charged with assault and battery up
on his wife with intent to kill.
The verdict was received by the
court at about o'clock last evening.
1t had been reached as a compromise.
Some jurors believed Whiteman guilty
as charged in the indictment and 9TH
ers held him innocent. Rather than
have disagreement and subsequent
retrial, the small fine was agreed up
on. The fine and costs amount only
to about $50 The jurors believing
in the defendants innocence. refused
to permit a heavy fine being imposed.
Wilfred Jessup, prosecuting attor-
ney, and Henry U. Johnson, associate
counsel for the state were very much
surprised by the verdict. The prose
cutor expressed his chagrin and NOR
tification in plain terms. Mr.. john
son stated that he had never but once
criticized a jury, and all he had to say
about the verdict in the Whiteman
case was that how such an agreement
was reached is perfectly Incompetent
sible.
w. A. Bond and Perry J. Freeman,
attorneys for the defense, were highly
elated. They said their client had
been condemned before trial and judg-
ment had been formed by the public
without knowing the evidence. Mr..
Bond said his refusal to make any ar
gument before the jury had proved the
truth of the old German proverb: ITO
talk is silver, to keep still is golden
BY court room attaches the verdict
was regarded in the nature of a
freak" Nearly all were opposed to
the defendant and believed him guilty
as charged. Whitemans attorneys
claim this feeling was biased and en-
gendered through prejudice and igno-
rance of the details of the case. They
admit they were surprised by the mild
punishment, however, inasmuch as
they did not secure an acquittal.
Whiteman was charged with shoot
ing at his wife Elizabeth, on the night
of September IS, last, with intent to
kill her. The. evidence showed Mrs.
Whiteman had complained to the po-
lice department and asked for protec-
ton. On the night of the shooting
Officer Lamberson was detailed to
guard the home on South Twenty-third
, street. Whiteman admitted he had
been lurking about the premises, seek
ing for any man whom his wife might
be in company with. The Whitemans
from each other. The wife told that
she had driven to the barn to unhitch
the horse, when she discovered White
man there. She ran out of the barn
and he pursued her. firing twice. She
offered jacket which she claimed to
have worn at the time, in evidence
There was whole in it. which she
said was made by bullet. She fired
back at her husband and then tripped
and fell. Officer Lamberson rushed
in and fired at Whiteman, but missed
He tried to fire again, but his revolver
| clogged. Whiteman confessed on the
stand that he advanced upon the Of
ficer. believing him to be the mysteri-
Gus friend of his wife, and leveled his
revolver at him deliberately and with
the intention to shoot to kill. Before
he could pull the trigger, however
Lamhersou struck him on the head
and felled him to the ground. White
man said he turned on his side and
seeing the helmet, recognized it was
policeman and surrendered He
claimed the shot his wife said was
fired at her, was discharged into the
air, after he himself had been shot at
by some one within the bar4
Mrs. Whiteman, her daughter by
former husband her mother and a
friend, testified to the threats White
man had made to kill his wife The
little daughter told of one attack
Whiteman made upon her mother and
claimed she implored him to kill her,
but leave her mother alone Evidence
was introduced to show Whiteman had
planned to kill his wife on several oc-
casions.