Jasper County Democrat, Volume 22, Number 62, Rensselaer, Jasper County, 1 November 1919 — BURRIS IS SAFELY IN JAIL [ARTICLE]

BURRIS IS SAFELY IN JAIL

Newton County Court Gives Rapist 2 to 14 YearsThe trial of John Burris of Rensselaer on the charge of criminal assault some weeks ago on Edith Smith, the 16-year-old alleged feeble-minded daughter of Theodore Smith, residing in the northeast part of town, was completed at Kentland Tuesday and the case went to the jury about 5 o’clock Tuesday afternoon. Judge Hanley, after instructing the jury, told them to bring In a sealed verdict at the convening of court Wednesday morning, it being possible that they would be out most of the night and the court not caring to sit up ana wait for the verdict.

The jury reached a verdict at about 9 o’clock Tuesday evening, it is understood, adjourning fpr supper in the meantime. The verdict was turned inj to the court on its convening Wednesday morning and the defendant was found guilty of assault and battery and attempted rape, and he was found to be 37 years old. His lawyers, A. Halleck- of Rensselaer and R. O. Graves, of Kentland, filed the usual motion for a new trial, but same was overruled by the court and sentence passed about 4 o’clock Wednesday afternoon, Judge Hanley sentencing defendant to the state prison at Michigan City for an indeterminate period of from 2 to 14 years and assessed a fine of SIOO. Burris broke down on receiving the sentence and boo-hooed considerably, although he has been trying to break into the penitentiary for a number of years. He later regained his usual sangfroid and went out on the street with the sheriff of Newton county and would grin at people he unet on the street arid hold up two fingers and say, “Two years, two years.” He was taken to Michigan City Thursday and the general feeling in this community is that he only got what was coming to him. Deputy Prosecutor Sands of this place, who had practical charge of the case, was assisted by Prosecuting Attorney Murphey of Newton county and W. ,H. Parklson of Lafayette. M. Leopold had also assisted in the case but was compelled to withdraw Monday evening on account of illnessThe state bad 10 witnesses in the case in chief, including three Rensselaer doctors. Also had summoned about a dozen witnesses to testify as to the general reputation of defendant, but the court limited them to six witnesses on tljls point. The defense had about nine witnesses, Including the defendant,

'hie father, mother and slater and two Kentland doctors, but no character witnesses. The state’s case was / based largely on the fact that the girl was feeble-minded, as she was 16 years of age on the day the alleged crime was committed. C. B. Steward, former truant officer, had had the girl examined a few years ago by Dr. Johnson to determine her physical and mental condition and thfh examination showed that she was mentally deficient, to wljich 'both testified in the trial. The defendant’s mother is also alleged to have corroborated the state’s evidence to the extent 'of 'Burris’s being at the Smith home on the afternoon of the alleged crime and also some other matters of vital Interest. He admitted himself that he was there and attempted to spank the girl “for her birthday”; that she ran into the house and he after her; that he slapped her 16 ymes but was unable to give her a final spank “to grow on,” because of her struggles in trying to evade him. Burris has borne an unsavory reputation here for quite a long time, and the Interest taken by the public in his prosecution is evidenced from the fact that a fund was raised here by popular donation to hire attorneys to assist the state in the trial.