The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1913-08-20
New Trial on Charge of Be-
ing Accessory to Murder,
Str1ts September 8.
PROSECUTOR OBJECTS
Court States Grounds Upon
Which the Petition was
Granted.

Owen Terry, who was convicted of
oelng an accessory in the murder of
Marshal Richardson last Friday morn
ing, after the jury had deliberated for
twenty-three hours, was granted a
new trial this morning by Judge Fox
The prosecutor argued every point of
law in the case and reviewed the tes-
tfmony of prosecuting witnesses in
an attempt to oppose the granting of
a new trial. The murder took place
in Cottage Grove last March
"If you grant this man a new trial
we never will be able to get jury in
Wayne county which will convict
Terry" said Keller. "The jury was a
fair one. On what grounds can you
give this man a new trial?" he asked
81 grant him a new trial on the
grounds that the state did not prove
beyond a reasonable doubt that the
man was guilty of being an accessory
before the fact" said the court.
Testimony Reviewed.
Terry was accused of handing his
father, Will Terry, the gun with which
the latter shot and killed Richardson
Keller in opposing the petition of Wal
ter Bossart, attorney for Terry, for
new trial, reviewed the testimony of
witnesses Bud Todd, Kenneth Hackle
road and Arthur Gardner Todd tes-
titled that the gun used by Will Terry
in shooting Richardson was in the
possession and was owned by Owen
Terry a few weeks before the crime.
Harkleroad said he saw the gun in the
possession of Owen Terry the after
noon the crime was committed Gard
ner recognized the gun as the one
handed by Owen Terry to his father
just before Richardson was shot.
According to Bossert the verdict of
the jury did not substantiate evidence
and law in the case. He argued that
the circumstances concerning the
crime would not justify the defendant
in being brought to trial on the in
dictment returned by the Union coun-
ty grand jury. His handing the gun
to his father would not justify the
charges brought against him unless
he had urged his father to kill Rich |
ardson or unless he had premeditated
the crime with his parent, according
to Bossert's argument.
Bossert further said the character
of the states witnesses was impeach-
able. MANY of them are gamblers,
drunkards and one is a bootlegger,"
he said.
Keller said he discredited the testi-
mony of Mrs. Terry and the sister of
the defendant because of the interest
they were taking in the case. Blood
is thicker than water and | am not
rnr;c Oh
he said
The prosecutor quoted the testi-
mony of one of the witnesses who
testified that Will Terry said. Il wish
] had a gun" Then when the trou- !
BILE started Terry walked after his son !
and came back with a gun. and Gard !
ner said he saw him hand his father |
the gun," said the prosecutor.
Judge Fox alsnyetated that the mar
shall had exceeded his authority in ar
resting Robert Terry, brother of
Owen Terry. Robert Terry was
knocked down by the marshal with a
club, according to the testimony of
the witnesses. The court cited 135th /
Indiana common law as an instance !
where a defendant was freed from a
charge of murder after he had shot a
marshal after the officer had knocked !
him down with a club. Robert Terry ,
is now serving sentence in the peni- /
tentiary for cutting George Webb, dep !
uty marshal, with a knife at the time i
the murder was committed.
The new trial of the defendant will J,
be started September s. In setting |
the date for the trial the court said !
he did not want to keep any guilty
man out of prison, but there would "
not be any doubt as to a mans guilt /
when sent to the penitentiary from
the Wayne circuit court when he was !
on the bench.
The first ballot of the jury, six for !
acuuittal and six for conviction, was !
commented upon by the court. IF
those six men had thought Terry was
innocent they should never have !
changed their decision" said the !
Judge.