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Number 16NEW TRIAL GRANTEDtv of! withmu.• •« rtca.Abe Griffin Case Set for First Day of Adjourned Term.JuryJudge George L. Gray hhh granted a new trial to Abe Griffin. Griffin wa» tried lu*t week on an indictment brought by a I’iiion county grand jury and thes i term /. tosuit( .. Hea se llgedhasjurynexter.weekumlper-ther.ban-i‘ker,islt;*d.itterrne.nentdr-] jury. Wednesday night, brought in u | verdict of guittv. lt;• i*iffin \vtu* represent-(| on'*‘(* *,v At*0,',u\v* legman Roberts and wj|s j following the verdict the motion was math* for a new trial. The point raised by Attorney Pignut n was that hi* client ! had not had the opportunity to plead !guilty or not guilty.The indictment was for rnjx* against imtv lu‘rM,n °* lh*ssie Setser. a girl undersixteen years or age. The trial was held on Tuesday and Wednesday of last week and there were a number of witnesses cam mined, indudi/ig the girl; her father and mother. Mr. and Mrs. Reuben Setter; Dr. K. K. licard. the county physician; Virgil Taylor, a farmer for whom the girl had worked, and Mrs. Weiilner. wife of the superintendent of the county farm.The defendant. Abe Griffin, was not put on tin* stand and there were noother witnesses called by the defense.The case was prosecuted by Prosecuting Attorney Kdwards and be was assisted by Attorney L. II. Stanford. Mr.* •Stanford was not called into the case until Tuesday afternoon.Tiie defense sought to prove that the girl's father was responsible for hercondition and foreed an admission from the giil that -die had given this kind of testimony before a former grand jury. That the father was a fugitive from anee ' having escaped from the officersusan at Corbin, Kv., and come here about fouriarp .V,,*UK ;IK° 111*° drawn from this wit-and hy the attorney for the defense.In summing up his arguments before the jury. Attorney Stanford, for the prosecution, stated that the state had proved that the defendant was guilty of the crime ugainst the girl; that he had in Hue need her to give perjured testimony before a orand jury, and by suborned testimony, had “ought to fasten a i rime on th♦ L t ier* of the girl, that In* had wronged.In asking for a new trial Attorney Pigrunn said that lie did not propose that liis client should be convicted illegally, and in hi- petition for a new trial he referred to the fact that there was no court stenographer engaged for the trial and no record taken of the testimony. During the course of the trial he repeatedly asked for a stenographer, but the judge was unwilling to grant it for a portion of the trial.According to the attorneys engaged in prosecuting the case, when the judge aked the prisoner whether or not he was guilty. Attorney Pigman stepped between tin1 defendant and the judge, making the remark that he was representing hi- client, and following a eon-fe i dice Ml the attoiiicv with his client•| the trial was begun.J|H, I I lie judge therefore decided that as it was not of record that the prisoner li.nl made his plea that he must be gi.inted a new trial.Attin tiev Stanford lias characterized*I|M, ilie int«-i’fercnee ot the other attorney t \H.1 as eontempt of court and gives his opin-,,k. | ion that in case a prisoner remains mute of jw bell asked to plead. it i- assumed that I |lr | lie plead* “not guilty. and according to ng. his opinion then* is no techuieal or any salid reason w b\ a la w trial should have been granted in this ease.BASKET BALLnine • wed. last de-oflint-t lieandhas.rca I ship i A. ing.theinflateankr of i IHer»t heothip
Newspaper Details
Liberty Express
Liberty, Indiana, US
Fri, Nov 19, 1915
Page 5
Full Page
Clipped by
Massillon P.
OH, USA 06 Nov 2017
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