Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1922-02-27

Attorney Miller made no OBJ
jcctions to the jury selection and
mo challenges. The jury was
drawn and accepted by both the
commonwealth and defense as
follows:
J ]. Murphy. ID. Kincaid. J. j.
J Cobb. w. Il. Brandcnburg. Geo.
ID. Simmons. {. II. Park. Hiram
\zbilI. K. {. Mason. Jr.. lIaden
1urpiu. Scott Moorcs. Leslie
: Long. and Charles CorncliSon.
All are prominent business men
and farmers.
Representing the Common
wealth are Special Prosecutor \.
x. Burnan. Commonwcalth'S At
turnev W. !. Baxter and Count :
Attorney J. p. Chenault. Judge
Shackclford said he would re-
duce P.ercy's bond from S50.Q0O
to $1,000.
=. ". Wells was the first wit
ness ON the stand and told again
the story OF how he was called
: To an automobile on the night Cf
! last Dec. 2 from his home iC
miles from Richmond in this
County. was beaten over the head
! with pistol. dragged into the
! car. taken out the I.cXingtur
pike and across into Fayette
county and then shot in the head
ard lett for dead ON the roadside
I he positively identified Picrcy a.
the man who struck him in the
head and later shot and attempt
al To- Kill him.
a crowd which taxed the ca
pacijy oi the courtroom wa.
present when the case WAS cali
rd The crowd was perfectly or
DERBY and quiet. but the court
room was well policcd.
Attorney Harry Miller ID no
cross cxaminc Wells. Mile
seemed to be unintcrcstcd in the
case. and acting merely perfume
turily. since he was forced To re
main and represent his client.
Ic inquired of a bystandc
when the enxt term OF the Mad
son circuit court would be hcl
When told that ii would come
May. nc said:
That is when wc will try t,
case. then"
lie was asked if he cXpcctcd f.
get hung jury now.
"Nu; conviction" nc answer
cd.
Assistant Chief OF Police l..r
nest Thompson, of Lcxington.
was the next witness. He was not
Cros,- examined by Miller. either
lie identified an automobile ri.
- having seen it before. but wa
not asked where aS he said IL
didn't get the rug: another oilirc
iil. This Is the blanket which i,
,ail tu have been i'm the car the
nigh; Well, was Sluggcd, and
which j. said To show blood STAIN
from the gore that flowed iron,
Wells injuries. Thompson sal
hr was with Wells in the federal
court at Lexington at the time
Wells identified Piercv as the
mar who assaulted and abductc !
u M. picrcy was in federal con
II Lexington at the time answer
ing the federal charge Of havingI
participated i'm the robbery OF tn
Ripy di,tillerv at Tyrone.
Tom Keith. known as Nit
one Of the defendants. with Pier
cy. was next called by the PROSE;
cution. Before ne could testify
Judge Shackclford warned the
prosecution that in the event he
was used "a witness he would in
all probability have to dismiss the
Indictment against him. under the
statutes. So Keith was withdrawn
and did not testify.
The commonwealth did not in
troducc further testimony and
closed.
Attorney Miller then moved for
pcrcmptorv instructions on the
ground that testimony had been
introduced showing an oifenSc
had bee ncommitted in Fayettc
county over which the Madison
court had no jurisdiction. He
also moved that the swearing OF
the jury be set aside on the
grounds that the Indictment lack
ed this. All of his motions were
! overruled. Mr.. Miller said he did
not care to argue the case, SO it
went to the jury.
The jury was out about ) min
utes and brought in "A verdict OF
guilty with punishment fixed 1T
confinement in the penitentiarv
Tor Is years.
| Motion and grounds for new
trial were fled by Attorney Mil
Ter: oVerrriled bv the court AMI