The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1913-06-05
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absences at night after having been
seen to leave his home with unknown
and rough looking characters. Ad-
Joining this farm was the small place
on which Lucas lived until he moved
to his last residence about six years
ago.
Yesterday this last well mentioned
by Lucas was located on this farm in
the exact position given by Lucas as
between two barns. The searchers,
however, were disappointed in being
able to fathom the secret of it's depths
for it had been completely filled with
rubbish and stone by the present own
er of the farm, Harry Wood. Ather
Way, who was present, as we'll as
Wood both bore out further state
ment made by Lucas that the well at
the time of his visit there with Par
ker's body was covered with inch
planks These planks covered the well
up to the time it was filled in by
Wood.
Whether or not this well is the sep
ulcher of Parker will depend upon the
action of the grand jury, in whose
hands the Lucas case and it's latest
phases regarding Parker's disappear
ance were placed today. This jury
can order the stone to be removed
from the well so that an examination
can settle the question of whether
Lucas is really trying to free himself
of another soul burdening, atrocious
murder or. in insane responsibility,
is hoaxing the legal officers of the
county.
Judge Fox recommended to the
grand jury, which convened today,
that the body adjourn after probing
the case of Seth Lucas, confessed wife
murderer, until some time in July or
September. Unless some unexpected
incident occurs which will necessitate
an investigation on the part of the
jury. Prosecutor Keller, who is con-
Quoting the probe of the Lucas case,
will also advise that the body adjourn.
year is an unusually busy time for
farmers. and as all members of the
jury follow that vocation, their SER
vices would only be required for today
or possibly tomorrow.
Prosecutor Keller said there is no
doubt but that an indictment would
be returned charging Lucas with MUIR
der in the first degree. The death
penalty will be demanded if Lucas is
brought to trial.
Many Witnesses Called.
.
subpoenaed, and it is expected that
an indictment will be returned late
this afternoon. Prosecutor Keller said
he would conduct a thorough probe
in the case in order to familiariZe
himself with all phases of the killing.
Many of the witness living in the vi
cinity of the Lucas home, near Will
liamsburg, testified in the case. There
was enough evidence to warrant a
conviction On the testimony of the
authorities to whom Lucas confessed
the murder.
A probe into the same murder was
conducted by former Prosecutor Allen
last October, Immediately after the
murder. An indictment was not re
turned, because there was not suffi
cient evidence at that time to war
rant a'conviction.
Personnel Of Jury.
The members of the present grand
jury are Lewis Hawley, Lewis M
foreman; George II. Meier and John
Bowman. Frank Swain was appoint
ed bailiff.
The following is a part of the
charge to the grand jury:
1.-THE distinguishing feature between
murder in the first degree and second
degree is the quality of the malice
with which the act is done. Malice is
necessary to constitute murder, either
in the first or second degree, but in
order to constitute murder in the first
degree. the matter must be premedi
tated, that is, deliberated upon before
the act is committed. Although in muir
der in the first degree the malice with
which the act is done must be deliber
ate and premeditated, still the law
does not require that the premedita
ton or deliberation shall exist for any
appreciable length of time before the
act is committed If a person has &C
tually formed the purpose to kill and
has deliberated and premeditated upor
it before he commits the act and Their
commits it. he is guilty of murder in
the first degree, however short the
time may have been between the for
nation of the purpose and it's eXecu
ton. 1t is not the length of time thai
constitutes the distinction between
murder in the first and second degree
as far as the malicious elaboration i:
concerned. In murder in the SECOND
degree, no elaboration is required. 1
is sufficient that the killing is done
with malice, express or implied. A:
has been stated. in voluntary man
slaughter the act must be done withou
malice, express or implied. Involuntar,
manslaughter consists in taking hu
man life in the commission of some
unlawful act. If one person purposely
kills another with a dangerous ant
deadly weapon, the act will be feloni
Gus and malice will be implied"
Jennie Adams acted as stenographe
for the jury. She was formerly a cour
reporter in the Shelby Circuit Cour,
Court Reporter Holiday is engaged il
taking dispositions in case in which
the Elliott-Reid Fence factory is in
volved.
Forced to Eat.
Lucas rested we'll last night after h