The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-10-11
Lies of State Witnesses Made
Impression Upon Jurors
and Convicted Him of Mil
ton Burglary, He Says.
TO JEFFERSONVILLE
FOR 10 TO 20 YEARS
Judge Fox Says Sentence =
Too Severe, Declaring 3
Years of Imprisonment
Would Be Sufficient.

After being out trifle more than
three hours on Tuesday, the jury in
the case of Earl Dubois, charged with
burglarizing the F. NJ. Jones and CON-
pany's store at Milton on Dec. 10, of
last year returned verdict of gull
ty. Dubois will be sentenced to the
Jeffersonville penitentiary for from
ten to twenty years. The jury retired
to the jury room at 2:23 and reported
at $50 o'clock on Tuesday afternoon.
An agreement was entered into by the
jurymen before retiring to its room to
the effect that the number of ballots
taken was not to be made public but
it is believed that several ballots were
required to arrive at the unanimous
verdict of guilty.
AS the verdict was read to the youth
full burglar, Dubois showed no out
ward indications of emotion but when
he was asked if he had anything to
say why sentence should not be pass
ed upon him, it required considerabl
effort for him to speak. His lips quiv-
cred as he remarked Il am not guilty."
Before the jury reported Dubois was
asked by a reporter if he expected a
verdict of not guilty.
Anticipated Verdict.
No, l do not he answered. Il ex-
pect verdict of guilty and have from
the start of the trial.
Asked why he expected such a YER
dict he said it was apparent that the
nf IN hod q
great impression upon the jury from
the opening of the case.
But they all lied when they were
rtit on tie stAfd. He corftinded:* Sev-.-
eral witnesses contradicted themselv-
es and told different stories about the
time they saw me on the night of the
burglary. l am not guilty but if am
sent to the penitentiary l can't help
it. Its no use to try to run away be-
cause 1 would get it worse if did.
Members of Dubois immediate FAM
lily lowered their heads in grief when
the verdict was read. The mother
who was present from the opening of
the case until the close and who had
listened eagerly to each point brought
out by the defense, believing her son
not guilty and that such verdict
terra.
Sentenced Thursday.
Judge Fox will pass sentence on
Thursday morning. The law fixes the
sentence for burglary at from ten to
twenty years in state prison. In
speaking of this Judge Fox said that
this was too heavy, saying that
three year term in the penitentiary
would do more good for Dubois than a
ten year term. The defense has de-
cided to neither appeal nor ask new
trial.
After a few moments talk with his
parents, wife and brother, Dubois was
taken to the county Jail where he will
await commitment to the Jefferson
Vile penitentiary. There has been
some controversy over the age of the
was thirty years old when arrested
and later on the witness stand declar-
ed he was but twenty-four years old.
1t is believed that his motive in first
swearing that he was thirty years old
was because he wished to be sent to
the Michigan City prison where more
privileges are granted than at the
Southern prison.
Attorney Shiveley, who assisted the
state in the prosecution, made the fin
al arguments for the state. He did
not enter into any flowery or eloquent
discussion but laid the bare facts, as
the prosecution saw them, before the
jurymen. He pictured Dubois as a
youthful burglar who had planned the
robberies at Milton and had used Guy
Gunsaulia, his former pal, who was
brought here to testify against Dubois.
as his tool. He said that Dubois had
forced Gunsaulia to do everything SO
that if the authorities cast any suspi-
cion on the two that Gunsaulia would
be the goat" Great stress was laid
on the fact that Gunsaulia and Dubois
were seen together on the streets of
Milton that evening, by several wit
nesses while the defense attmpted to
prove that Dubois had been in his
home on the evening of the burglary.
Milton Residents Afraid.
Prosecuting attorney Ladd encoun-
tered considerable difficulty in secur-
ing evidence against Dubois as t he
residents of Milton we're terrorized
with the fear of the revenge. He said
he also experienced difficulty in get
ting them to testify against Dubois.
Throughout the trial a large crowd
of Milton residents we're in the court
room. A large number of local
people were attracted by curiosity and
the belief that sensational evidence
would be adduced.
"A large number of witnesses testi-
fed, for the defense as well as the
the toal number of wit
nesses being forty-three. Several OF
these witnesses were called to the
stand for the second or third tima