Rensselaer Republican, Volume 15, Number 29, Rensselaer, Jasper County, 29 March 1883 — The Circuit Court. [ARTICLE]

The Circuit Court.

Ail sorts of weather—even including a little good. Postmaster General Timothy O Howe died suddenly of pneumonia, at Kenosha,. Wis., last Sunday* “Two smart men and ten d, f s,” is the somewhat ironical manner in which an officer of the court characterized the jury which tried Roberts. The Indiana Republican Editorial Association meets in the Federal court-room at Indianapolis tliis( Thursday )eivening. The editor of The Republican proposes to attend. The result of the Roberts trial ]s another demonstration of - the stupendous stupidity of the law which requires a unanimous jury to find a verdict. Two thirds of a jury in civil cases and three fourths i n criminal cases ought to be sufficient to find a verdict. The “one wise man versus eleven pig-headed d. fs,” would then be an obsolete in- ’ stitution.

If the First Great Case could be brought up again for a Re-hearing and be taken to Lafayette for Trial Adam and Eve would liave no trouble in proving an Alibi from the Garden of Eden, at the time of the Alleged Stealing of the Forbidden Fruit, by the testimony of numberless reputable- witnesses; while the entire population would rise up and testify to the Serpent’s good reputation for Truth and V'eracity. Judge Hammond. —The members of the community in which a man lives, have the best opportunities to know him as he ip, amLthe people of Rensselaer and County, who know the Hon. E. P. Hammond better than any other people know him, will be a unit in the endorsement of every word of the following brief notice quoted fi om the last issue of the Kentland Gazette: “A more popular Judge than. Hon. E. P. Hammond never presided over the Circuit Court in any District of the State. He has u'liversally won the confidence and respect of the people, as a just and impartial Judge, for his fine legal abilities, his gentle and pleasant manner and his courtesy to attorneys and others. In a word, J udge Hammond is a gentleman in the truest sense,, ana that covers the ground very completely.”

The following linep are credited to Horace Greeley’s pen, and are well worthy of frequeut repetition : ' There is nothing easier than toedit % blackguard newspaper and more difficult than to get up a newspaper free from foulness and blackguardism-. Fish* woman and bar-room loafers arc* skilled in the art of bandying epitliets and bespattering each nther with, dirty words. It requires no brains to do this; but it does require both heart and brains to print, a newspaper that a docent man or woman can read without a blush.” A Telephone Wanted:— A teleflume line trom Rensselaer through to Fowler,, and connecting with the extensive telephone svstera at that place, would, certainly he a great convenience to the towns tfouneofced, and- it seems to a.'VfidgJd also,, be a profitable enter.its promoters. The telephone- in destined to inherit the /avtk before many years, and HeMsselaer ought u<4 to be permitted, to lag too Die behind our neighbors *u securing the convenience .J the improved method of rapid, j

The trial of Charley Roberts on charge of “assault and battery with intent to commit robbery,” was begun on Wednesday afternoon, March 21st. 8. P. Thompson and «n attorney from Crawfordsville, named Courtney, defended the prisoner, and M. H. Walker and F. W. Babcock prosecuted. Thehistoryof this case, up to the begining of the trial, is already familiar to the readers of this paper. Roberts and Samuel Buxton were arrested during the Reunion for attempting to take a wateh from the pocket of a young man named Chas. Douglass. They were also suspected, perhaps with good reason, of being the parties who ransacked a couple of trunks at Mr. Cotton’s boarding house. A day or two after arrest, while in charge of the deputy sheriff, they succeeded in slipping away from him, and were finally re-captured at Gilman, Illinois, after great expense and exertions on the part of Sheriff Powell. Being then taken to the Monticello jail, they, not long after, broke out of that old cage, and no more was heard of them for several months. About two months ago Sheriff Powell receiving information that Roberts was living at Vincennes, he ed to that city, and again arrested and brought him back to Rensselaer. During the trial, Sheriff Powell and John Tharp, of Remington, swore that they saw Roberts take hold of the young fellow’s watch, and attempt to detach it from his vest; Powell then stepped forward and arrested Roberts and his companion before the robbery could be consummated, W arren Lynch, an inmate of the Monticello jail at the time of prisoner’s escape, and now a convict in Michigan City, was brought to Rensselaer and testified that Roberts and Buxton threatened him with death, in case he divulged their plots for breaking jail, killing Sheriff Hay, &c. The defence made an ineffectual attempt to break down the indictment on the grounds that 'Roberts Christian name was Charles, not Charley, as it reads in the indictment. Robert’s wife and brother were present at the trial, and were put upon the witness stand: by the defense, but gave no testimony. Andy .Johnson, a colored man, testified that he saw Roberts at the time of his first arrest, and that he was standing in a free and easy posture, his thumbs in the arm holes of his vest, and with the general expression and posture of a man at peace with the world, and with a conscience void of offence. In arguing the case, Babcock opened for the prosecution, followed by Courtney, and Thompson for the defence, W alker closing for the State. The jury took .the case at ten o’clock Friday evening, and after remaining out until one o’clock Saturday afternoon, they reported themselves unable to agree upon a verdict, and were accordingly discharged. It is commonly reported that the jury stood ten for conviction and two for acquittal. On Saturday, on motion of the prosecuting attorney, influenced to that course by a .petition numerously signed by leading citizens, Roberts was allowed to plead guilty to the charge of simple assault and battery, ajid was, by the Court, fined $35 and costs, and the same being paid he was released from custody, and Jasper county, it is to bo hoped, will know him no more, forever. It may be added that many of those who signe4 the petition, above mentioned,, did so believeitig that Roberts, if released here, would be taken to Tippecanoe county for trial on a criminal charge. No action was taken however so far as we have learned towards securing his appearance at Lafayette. On Friday afternoon M. O. Halloran was tried for selling liquor on the Fourth of July, Harry Wilkshire was the principal witness for the prosecution and the person to whom the liquor was sold. M. H. Walker conducted tfio i rosecution and M. F. Cliilcote, assisted by Dan. Frazer of Fowler defended Mr. Halloran. The prosecution made out a pretty clear case and the jury assessed a fine of ten dollars and costs against the accused. On Saturday Halloran was tried on a efim-ge similar to that . in the preceding ease. Wilkshire ns before being the purchaser of the whiskey. Tbttformer offline was | committed in the forenoon and this last in the afternoon. The at-

torneys in the case were the same as before. During the trial the defense having brought up r number of reputable citizens who testified to the somewhat defective character of the prosecuting witness, the prosecution retaliated by swearing in some pretty unfavorable opinions in regard to the defendant in the case. The jury heard the evidence and arguments of counsel, and after several hours, of consultation found the defendant guilty and assessed a fine of twen-ty-five dollars and costs. The Grand jnry closed its labors Thursday evening, last, having found but five indictments. Four of them were against M. O. Halloran for the illegal selling of Liquor. During the present week the attendance of the jury was not required,and the matters disposed were of little general interest. On Tuesday, the Court took a recess until Saturday. Next week, several important trials will take place, including several state cases.