Evening Republican, Volume 15, Number 298, Rensselaer, Jasper County, 19 December 1911 — POOLE SENTENCED TO PENITENTIARY FOR LIEF. [ARTICLE]

POOLE SENTENCED TO PENITENTIARY FOR LIEF.

Jury Returned Verdict of First Degree Murder After Six Hours’ Deliberation.

FOUR VOTE TO HANG. Btrce Pronounces Trial Fair and Makes No Notion for New Trial -“Saved Your Neck” He Told Poole. Lafayette Journal. \ Murder in the first degree, with a life sentence at the state penitentiary, is the verdict the jury returned against John W» Poole Monday night after being out for six hours and sfeve»minutes.

j\ „ In custody of the sheriff John Poole entered the court room shortly before 8: SO o’clock Monday night His face was ashen, but he wore a smile as he seated himself in the same chair that he has occupied duilng the five long sweeks$ weeks of the trial. There was no change in his expression as Judge. DeHart solemnly read the verdict of + the jury that sentences him to life ithprihonment at Michigan City penitentiary. He was taken from the court room immediately after by Sheriff Fraf&er and Officer Kelm and hurried to the jail, Where he will remain for a few day 8 before being sent to prison. He retained his composure completely during the trying ordeal. Nb member of his family was present when the verdict was read. At 2:24 o’clock Monday afternoon the Jury retired and their verdict was handed to Judge DeHart by Foreman George W. Brlngham at 8:31 o’clock in the presence of the defense’s attorney Elmore Barce, of Fowler, the state’s attorney, Grant Hall, of Fowlir, the court defendant and a large number of spectators. Prosecutor Klmmell- is confined to his home by illness and was not able to be at the court room yesterday. Eleven ballots were taken by the jury before the final verdict was reached. Four jurors held out for hours for the death penalty but finally agreed to a life sentence. The question of insanity was not discussed. The first ballot w»s taken ou the question: "Did Poole kill Kemper.” The vote in the affirmative was unanimous. The question: “Guilty or not guflty as charged’’ was next voted on snd the affirmative was unanimous. All twelve jurors agreed on the first ballet that Poole was sany. There were two ballots taken on the degree of murder. The first stood 11 for first degree and 1 for second degree murder. The second ballot was twelve for first degree murder. Six ballots were then taken on the sentence. On the first, three held out for the death penalty; on the second, fbur were for death; on the third ballot only eleven jurors voted, two of them for the de&th penalty, one blan* vote being cast. The fourth ballot was still, four for the death penalty and eight for life sentence. On the fifth ballot there were two for death and ten for life sentence, and on the sixth, ail voted to send John W. Poole to the state penitentiary for life. It is understood that the four jurors who held out for the death penalty were convinced that Poole is In such poor health that he cannot liVe long and they perferred to have him ..hanged rather than to die iu prison.

Shortly before 8:30 o’clock Bailiff Motfre was notified that the jury had agreed and he sent for the court and the attorneys. Just at 8:32 the jurors, single file, entered the court room and topi; their accustomed places. Poole, seated about ten feet from the jury hot and -with only his attorney, the sheriff and Officer Herman Kelm, of the Lafayette police force, with him, glanced at the face of each juror. H> sat rigid in his chair but there was a slight smile on his face. Addressing the spectators, Judge Depart said: “There will be no demonstration In the couft room when the Jury’s verdict is read.” “Gentlemen, have you agreed on a -i» -fad the Jury, and i I unison they shivered that they had. George W. Brlngbam. who had been appointed foreman of the Jury, arose from his seat, stepped to the Judge’s bench and handed hhn the written verdict. In in even sad low voice, K:-',;; • .■<

Judge DeHart read thd verdict that commits John Poole to the peniten tiary during life. " /. v For a moment there was absolute quiet in the court room, then, without any sign of a demonstration the crowd began to file out. Mr.* Barce said to .Poole: “John, I did the best 1 could for you. I could only save your neck.” “You did the best you could,” Poole answered him in a quiet voice. The sentenced man was* taken hur' ridly through the crowd to the jail, where he entered his cell. He refused to talk to a reporter, saying that he had nothing to say and did not want to be bothered. . Asked his opinion on the verdict, Mr. Barce, counsel for the defense, said, “The case was tried fairly and squarely and I abide by the jury’s decision. I did the best I could for John Poole.” _ Grant Hall said: “There was no favor shown in the trial. The :ury has decided the case and I am satisfied.” It is, probable that within the next day or so Judge DeHart will pass sentence on Poole and he will be taken to Michigan City. He said last night; after the jury had returned its verdict, that Poole'would have a few days at the jail for his family and friends to visit him and bid him goodbye. , *

“John W, Poole is failing fast mentally and physically, and, in my opinion, he will not last six months,” was the declaration yesterday of an officer who has seen Poole every day since he was brought from Benton county to the jail here and has been in a position to observe him closely. He has talked with film Almost daily and has observed his manner and actions.

“He has violent headaches,” continued the officer, “and is so weak at timcß that he can hardly stand. These attacks of exhaustion are becoming more frequent and are more severe. He is beginning to have a wild look peculiar to' insane people and I notice by his conversation that his mind is failing. He is better some days than on others, but there are some days when it Is impossible for him to carry on conversation. He will talk all right fori a few minutes and will then begin to ramble in an incoherent manner. He does not kow what he is talking about. If you get him back to the. subject, he will stick to it a few minutes and will then wander again. I dt not think there Is any question about Poole being insane.” It was just 1:36 o'clock when Mr. Hall concluded the final argument and Judge DeHart began his instructions to the jury. Both the state and defense declared afterward that the Court's instructions to the jury were without favor to either side. Editorially the Journal said: John .W. Poole, a. Benton county farmer, after a trial lasting six weeks, has been found guilty of murder in the first degree by a jury in a‘ vTippecanoe county court The case waa brought to this county on a change of venue. Poole’s punishment is fixed at imprisonment for life.

John Poole is found guilty of having killed Joe Kemper, a farm hand. That he killed the young man, cut his body Into pieces and buried the pieces on the farm, were admitted facts of the trial. It was Poole’s primary defense that he was insane; it was his secondary defense that the killing was accidental, and that, fearning prosecution, he the body. The verdict *of the Jury will impress the public as just and as fully warranted by the evidence. In the Journal’s opinion the jury took a sensible and lawful view of the testimony" presented during the trial. Poole was known as a queef man. He formerly had been adjudged Insane and then released as cured. His chief claim of Insanity was a violent temper. He was a man who knew no restraint But that he sought to hide the body of bis victim (Indicates that he had the sense of moral responsibility and that he knew the difference between right and wrong. John’ Poole has been an outlaw through life, at wir with neighbors and relatives. But he killed a man under Circumstances not exactly

known and he buried the evidences of his guilt There is no reason why fine lines of the law should be drawn in such a case as this. We are glad that the jury held to the facts and refused to be misled by technicalities. Those who believe Poole insane will admit that he should be placed where he can no longer menace human life, consequently the verdict does no violence to the insanity plea. John Poole killed Joe Kemper. Ail the circumstances point to a coldblooded murder. The verdict of the jury is in accordance with the law and the Jurors in the case are to be commended for the attention they have given the testimony and the respect they have shown the law. The verdict is right and it will have a wholesome effect