Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1920-04-12

, Lexington, Ky, April 12-Jas
Welch, who was found Guilty by
Il Jury yesterday on a charge O
the murder of ]. S. Thomason, to-
day announced at the jail he
would ask for new trial. He is
quoted is saying 81 am as conf
dent as ever | will get out bye anC
bye. My conscience is clear be-
cause shot him in self defense
Imprisonment in the state peni-
tcntiary at Frankfort for the remain.
der of his life was the punishment
metcd out to James Welch, farmer, o1
Donerau. for the murder of j. S
ThomasOn, travelling salesman, on
December "a. 1919. by the jury in cir
cult court at Lexington which heard
his case and reached verdict earl!
Sunday morning.
The first ballot taken by the jury
it is understood, showed that eight OF
them were for the death penalty while
four for life Imprisonment. On a bal
lot taken some time later, it is said
the vote stood six for death and six
for life Imprisonment. \ compromise
was finally reached and the entire
body voted for life Imprisonment, this
verdict being handed to the court.
The members of the jury wer: c. f.
EIIlin. c. \. Berry. ]. ID. Reed. +. w
Collier, W. l.. Huffman. |. S. Dunn
Lawrence Flynn, l.. r. Sapp, w. w.
Rcnaller. J. W. I:eard. J. T. Gary and
IS. "A. IL. Hammel.
Welch was convicted for shooting
Thomason to death on Main street the
day before Christmas in the presence
of thousands of people. Thomason
was shot six times by WeIch. He died
: almost before he fell to the street
CUmmonwealth's Attorney John Il.
Alien. in presenting his case for the
prosecution, proved that an illicit love
affair had existed between Welch and
Mrs. Thomason. the wife of the man
who was killed.
Mrs. Thomason was viciously assail-
ed by Colonel Alien in his address 10
the jury Saturday for misconduct. Mrs
ThomasOn was seated in the machine
just a few feet away from where her
husband was killed by Welch when the
fatal shooting occurred.
Mrs. Thomason is at present under
indictment with WeIch for murder
their cases being tried separately. this
being requested by the defense.
The case of Mrs. Thomason has been
{3stponcd until the July term of cir
ttit court upon motion of the defense.
Colonel Allen agreed to this.
In the closing arguments for the com
monwealth delivered Saturday night
the photograph of Mrs ThomasQn
found on Wclch's person when he was
Colonel Allen, as was also the love
letter. said to have been from her u
him. and a postcard with an endearing
message on it. Colonel Allen recount
ed the visits of Wclch to Mrs. Thoma-
sons home, when he said Wclch WOULD
Remain until late at night "chapcr.
Uned by her babies ana the negro girl
Every available foot of space in tho
courtroom was taken and the crOwC
overfiowed into the lobby. 1t was cs-
Minated there were between 600 anC
700 people present. CoIonl Allen sale
he thought it was the largest crowC
he had ever seen in the court room
,sAttorncy Wallace Muir. represent
fIfE2 Mrs. Thomason. said he though
fiic throwing out of. the conspiracy
testimony in the Welch case woulc
case. The indictment against Mrs
Thomason charged her with murder
and conspiracy in the murder Mr.
Muir said it was his opinion she coult
now only be tried as "a principal in th'
murder
A ruling by Judge Kerr, declared
that part of the testimony relating t.
a conspiracy between Mrs. Thomasol
aDd WpIcb N iOcpmnptpnt
W. c. G. Hobbs and Maury KcmpcI
in their summoning-up arguments t.
the jury spoke of the lack of posi-
tive" witnesses the part of tn
Commonwealth to prove that ThOma
son did not have knife in his hand
They said the commemorative wit
nesses all admitted their attention /
the shooting and was first attracted b
the actual shots and they did not no
tice what took place between the tw
men previously.
The defense said the attorneys ha
two positive" witnesses in the per
sons of Dewey Marrs and Lucy Hocka
day, both of whom said they had see
a knife in ThOmason's hands. The
explained the girls actions in frs
making--the statement Thomson di
not have a knife by saying she ha
been surrounded by police and detec
tives, who shouted liar" every tim
she told the truth about the knife.
-,IMr. Kemper explained the love lette
by saying the testimony showed Mr.
Thomason was attached to Welch an
he said he did not doubt but tht
-Welch was attached to her. NJ
tcmper asserted the woman whose a
Elections were not responded to by h'
husband. was yearning for someone
treat her well.
.4sAIl testimony offered by the Con
menwealth and previously admitted
the court upon the theory of a Grim
nal conspiracy between the defendal
Mrs. ]. S. Thomason, to take the Ii
of Thomason, and all testimony offe
'ed and admitted for the avowed pu
pose of establishing criminal col
spiracy between the two, was order'
excluded from the consideration
the jury by Judge Kerr in stat
nlent to the jury bfore giving his il
,structions.
to- DIR. GibsOn's TestimOn Ony--Exciuded
The jury was also instructed that {
testimony given by the witnesses. Lu
piHockaday. DIR. w. NJ. Gibson or al
other witness regarding bottle
aff.4