The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-01-29
Question Being Asked About
The City. Ibid Young New
Hope Boy Get RaiIroaded
To PriSOn?"
FATHER OF ACCUSED
CAME TO THE RESCUE
In First Hearing Surface Had
No Counsel. the Pauper At
torney Knowing Nothing of
His Case.

Was William Surface of New Hope.
o.. raiiroaded To the penitentiary.
There are those who believe he was.
But he hasn't gone. This morning
Judge Fox of the Wayne circuit court
granted the motion for a new trial in
Surfaces case and issued stay of
judgment. Wednesday afternoon Sur
face entered a plea of guilty TO the
crime of grand larceny and was SEN
fenced TO the reformatory for from one
TO fourteen years. Today Surface told
the court some one at the city build
ing" told him to enter plea of guilty
and ii would be easier for him. He did
and received no clemency from the
court.
Surface was arrested Tuesday eve
ming. Wednesday morning he admitted
the theft of a horse and buggy belong
ing to Daniel Harris of Greensboro.
from a hitching rack. He said he was
drunk and after driving the horse to
Westville turned 1t loose. The prop
erty was recovered. Wednesday after
noon he was taken to the circuit
court. He was arraigned. plead guilty
and was sentenced to the reformatory
fined 50 and costs and disfranchised
for two years.
Awakening Came.
J. Yesterday came the awakening.
Friends of Surface had learned of the
dispatch with which his case had been
handled. The father. Of the young
man came to this city and consulted
the authorities. He was referred to
the pauper attorney and the motion
for a new trial entered this morning
was the result. The pauper attorney
had not had opportunity TO consult,
with Surface before sentence was pass
ed upon him and the young man knew
nothing of the existence of such an Of
fetal retained and paid by the county
to defend men in Just such predica-
ments as his.
The motion for a new trial was en-
tered on the affidavit Of Jacob w.
Surface. father of the prisoner. The
affidavit stated that Surface has been
afflicted with epilepsy for number
of years and had been accustomed To
wander away from home at frequent
intervals. 1t was represented that
Surface is industrious and hardwOrk-
ing and his only fault is the habit of
drink. II was alleged he has been ar
rested only once before and that he
took the horse when drunk and SO
badly under the influence Of liquor he
did not realize the seriousness of the
offense. Ii was stated the prisoner
had no intention to commit theft
and simply took the outfit as q means
OF getting home II is claimed he
did not intend to steal as was xhown
! by the fact the outfit was abandoned
by Surface at Westville. five miles
this side of New Hope,
Lad Was Ignorant.
The afidavit declares further that
/ Surface was wholly unacquainted with
| the method of court procedure. That
he was told at the city building tho
thing for him to do when taken before
the Judge was to plead guilty and he
might get of easy. The motion stated
that Surface had promised to reform II
new trial was granted him and that
4 he WOufu dUstdiH iIOiu tue uDc u an
toxicating liquors.
! Judge Fox asked Surface II any IT
torney had consulted with him before
or after he went to the court house to
be arraigned. Surface said none had.
but he had talked with them at the
city building" and had been told the
easiest way out of the serious AFFAIR
would be to plead guilty in the hope
of light punishment Surface claims
he had not been led 10 believe he
would be sentenced to prison II he did
plead guilty.
| In granting the motion for a new
trial Judge Fox not only withdrew his
former judgment. but permitted Sur
face to enter plea OF not guilty. Bond
was fixed at &JO9 The date for the
rerfal has not been set