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Vo It 151. Number 461JURY FINDS LOCHIEL MAN GUILTY OF ASSAULT AND BATTERY ON JANIE MAY McCORDThursday about midnight, the jury in the case 01 the State of Indiana vs. Roy Lague, arrived at a verdict after deliberating about seven hours. The case going to the jury at half past four o'clock. The jury found LaGue guilty of assault and battery and fixed his punishment at six months in the county jail and a fine of $800. The sentence will be served at the state Penal farm instead of the jail and Sheriff John Leonard took LaGue to Putmanville Saturday.LaGue was charged with rape on the person of Janie May McCord, the daughter of Mr. and Mrs. T. H. McCord, farmers residing near Kentland. The trial lasted all day Wednesday and Thursday and arguments were heard Thursday afternoon. The state alleged that the crime took place at the home of LaCue in Lochiel on the evenings of August 2tst and 22nd, and there was no attempt on the part of * the defense to dispute the charge that the girl and LaGue had lived as man and wife for two or three days during the absence of Mrs. LaGue and her four children. To make a case of rape, it was necessary for the state to prove that the girl was under sixteen years of age at the time. The affidavit alleged that she was only fourteen years of age and this was corro-barated by her father, mother and sister on the witness stand. The defense introduced one witness who swore that she heard Miss McCord say she was past sixteen. A number of witnesses for the defense swore that the girl bore a bad reputation in around Kentland bur the state brought . out the fact that some of them were not on friendly terms with, the girl's parents.The opening argument for the state was made by Prosecucor Wilbur Ndlin Iwho sums up the evidence as presented by the state and asked that the jury find the defendant guilty of rape and send him to the pententiary. Elmore* Barce followed Mr. Nolin for the defense and made an eloquent plea in which he did not mince words in condemning the prosecuting witness who he said was more guilty than LaGue in bringing the disgrace on Mrs. LaGue and her children. He said that the defense had proven their contention that the girl was sixteen years of age or older not only by the witnesses but by the girl herself who by her action^ and bearing, during the whole affair and while in the witness box. had demonstrated that she hadno chddT brain but was a person experienced in the ways of the world. He pled for the jury to remember Mrs. LaGue and the children and if they wanted to punish the defendant, to give him a fine and jail sentence. Mr. I sham followed with an eloquent appeal for acquital and Mr. Nolin made the closing address for thestate.After instructing the jury, the Court informed them that there were four forms of verdict that they might return according to the law in criminal cases of this kind. 1st—We the jury find the defendant guilty of rape andfix his punishment at-years inprison. 2nd—We the jury find the defendant guilty of rape as charged in the indictment and fix his punishmentat-^ years in prison etc. 3rd.—We the jury find the defendant guilty of assault and battery and fix his punishment to incarcenation in the county jail for months and fine of-dollars. 4th.—We the jury find the defendant not guilty;The jury began their deliberation about 5 o'clock and it is said the first ballott stood 9 to 3 for conviction for rape which meant a term of from 5 to 21 years in the penitentiary. There was no change in the balloting until about midnight when a compromise verdict was reached on the assault and battery charge. At no time was there a juror who voted for acquital. Thefact the state had not established the age of the girl “beyond a reasonable doubt’1 to the satisfaction of all of the jury, no doubt saved the defendant from a conviction on the charge ' of rape.The jury returned a sealed verdict which was opened and read the following morning at 0:30 o'clock.HARDING REPRESENTATIVE
Newspaper Details
Fowler Benton Review
Fowler, Indiana, US
Thu, Nov 17, 1921
Page 1
Full Page
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New A.
Indiana, USA 27 Apr 2020
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