South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-02-26
QUILHOT FOUND
GUILTY, GETS F me
AND TERM IN JAIL
Vice investigator Assessed $50
and Costs and Sentenced to
10 Days in Jail For Alleged
Public IndeCenCy.

After being out from 3:40 o'clock
Thursday afternoon until 1915
o'clock Thursday night. the jury in
the circuit court returned a verdict
of guilty in the case of John II. Quill
hot, charged with public indecency-
A fine of $50 and the costs was
assessed against the defendant and
he was sentenced TO serve 10 days in
the county Jail.
Upon the reading of the verdict
counsel for the defense Immediately
announced their intention of filing a
motion for new trial which motion
was filed early in the afternoon Ar
guments on the motion will be heard
at 1880 o'clock Monday afternoon.
Meanwhile the defendant is released
under bond.
Wanted Maximum Penalty
The first ballot Of the jury showed
a vote Of nine to three in favor Of
conviction and of the maximum pen
atty of 500 fine and six months in
jail. During the six hours of deliber-
alton the arguments We're with the
three who held out for acquittal. The
verdict was the result OF a comprom-
Use. When the verdict was announced
counsel for the defense demanded a
poll OF the jury.
Following are the members of the
jury which brought in the verdict:
Joseph ID. Kinder foreman, Martin l..
Garter, Andrew Gunderman, 3. +
Wright Isaiah Bicgel. J. L. CaUffman,
Joseph Colbert, G. +. Moon. =. G.
Hood, George Jones, John Hunsberger
and +. Scope. OF there. Colbert,
Cauffman, Hunsberger. Garter and
Scope are members Of the regular
panel.
Motion for New Trial.
The motion for a new trial, fled
/ by the defense at 1:30 o'clock, sets
forth in part as follows the grounds
on which the new trial is prayed:
THE court erred in overruling de-
fendants motion to direct the jury to
return a verdict for the defendant at
the conclusion of the states case.
Juror Andrew Gunderman was in
competent to sit as a juror in said
cause by reason of the fact that he has
| been member of a jurv N the county
within a year to wit The said Gun
| derman sat as a juror in the St. JO-
seph superior court on Jan. IS, 1915,
and Feb. (, 1915, as shown by the
! Jurors time book in the said superior
/ court. That neither defendant nor
I his counsel knew of the above fact
until after the rendition of the ver-
! dict.
I THAT upon polling the jury rs TO its
/ verdict, Juror Moon made no reply,
! as appears by the affidavit of S. b.
! Pettengill, hereto attached.
That the court erred in refusing
/ 10 give defendants instruction No. ,,
as requested by defendant.
THAT the court erred in permitting
states witness Mrs. Dekay, over OBJ
! lection of defendant, to testify as TO
! other charges of indecency than those
! set forth in the affidavit.
Testimony Was Barred.
Error of law in refusing TO permit
| defendants witness, l. V. Hopkins. to
! answer the following question pro-
I pounded by defendants counsel: Tell
! the jury what relations or assOcia-
! tions Naomi Burnside had with Mr..
! AIilor,' after witness had identified a
certain letter as having been written
/ by MilOr.
Error of law occurring at the trial
! in this. to wit: That the court refused
TO permit defendants witness, Paul
/ Frankel TO answer the following ques-
! ton put TO him by defendants cOun-
/ sci: State how Naomi Burnside was
| dressed when you saw her at the
| Foster fiat on Jan. p, 1919.
Says Prejudice Was Shown.
| 1.-The punishment assessed by the
| jury is so excessive under the circum-
stances as to show that the jury was
! influenced by passion, bias and preju-
dice against the defendant.
"The punishment assessed by the
/ Jury is so excessive under the cir
! cumstances as TO shock the conscience
! of fair-minded men and to indicate
| that the jury was biased prejudlced
and influenced by passion against the
/ defendant.
Wherefore defendant prays the
court for a new trial of said cause" +"
The instruction No. 2, TO which ref
/ erence is made, was TO the effect that
II a property owner had a right to pro-
| tect his property from injury through
! improper and vulgar persons even
/ though the statutes did not provide
| how this should be done.