Trial Of Henry M. Teal
September 11, 1885
Clinton Public
Clinton, Illinois
THE VERDICT OF THE JURY WAS THAT TEAL WAS GUILTY.
In a drunken row in Waynesville, on the night of the 13th of February, 1884, Henry M. TEAL shot and fatally wounded Brice ALSBURY. Alsbury lived for ten days and then died. Teal and Wiley MARVEL were indicted at the March term of the circuit court and were held in $10,000 bonds for their appearance, and the case was tried at the December term in 1884. Marvel was acquitted by the jury and Teal was found guilty and sentenced to one year in the penitentiary. Judge Herdman, who presided at the trial, set aside the verdict because he thought the evidence was insufficient to convict, and a new trial was ordered.
At the March term, 1885, on account of the absence of a material witness, the state's attorney had the case continued to the August term.
On last Friday the case was called and a jury of twelve good men was selected from among the regular panel and a special panel of seventy-five gathered from all parts of the county. The case was given to the jury about noon on Saturday, and in less than an hour they returned a verdict of guilty, and sentenced Teal to one year in the penitentiary. On the first vote, after retiring to their room, the jury stood eight for conviction and four for acquittal. Some of the jury were in favor of fixing the penalty at ten years, and they ranged in opinion from that down to one year. This was also the verdict of the first jury.
The attorneys for Teal discovered, after the verdict was rendered, that at least three of the jurymen had expressed an opinion as to the guilt of the prisoner prior to the trial, and last night they argued before Judge Epler for a new trial.
The defense presented affidavits showing that A. A. Alexander, W. M. Miller and John Anderson, three of the jurors who tried the case, had expressed opinions as to the guilt of the accused. When the jurors were examined as to their qualifications, all admitted that they had read of the case and had talked about it, but they had not formed such an opinion as would prevent them from giving Teal a fair and impartial trial. The prosecution presented the affidavits of the three jurors named, to the effect that they had not expressed such opinions as the defendant's witnesses had sworn. Judge Epler, however, thought it would be best to grant a new trial under the circumstances.
It will be impossible now to get a jury in this county that has not expressed an opinion in the case. The details have been published far and wide, and any man who has not read of the case ought to be debarred from sitting on a jury because of ignorance. The defense are going to take a change of venue. The case has already cost the county a large sum, but the board of supervisors should follow it up until either Teal is acquitted or landed in the penitentiary. No man should be allowed to take the life of another and then be permitted to go free till every legal effort is exhausted.
The case was contested by able counsel on both sides. For the prosecution Colonel V. Warner was employed by the county to assist State's Attorney Booth. For the defense the firm of Fuller, Monson & Ingham. Judge Graham and the Hon. Dan Voorhees appeared on the first trial last December, and on the second trial last week Teal was defended by the same attorneys except that Mr. Ed. Blinn, of Lincoln, was substituted for Mr. Voorhees.
....................
September 11, 1885
Clinton Public
Clinton, Illinois
Michael GREEN was one of the witnesses for the prosecution in the case of The People vs. Henry TEAL, but he didn't want to give his testimony against the defendant. Last March Green was conveniently absent in New Orleans when the case was called, so the prosecuting attorney had to have a continuance till the August term. This time Mike was again conveniently absent, but he did not go far enough to get out of the jurisdiction of the court—he was only in Chicago. The Judge sent an officer after him and brought him back, but he did not get here in time to give evidence. The Judge fined him $10 and costs, and as the costs will include the expense of the officer going to Chicago, Mike's bill will foot up considerable.
Submitted by Judy Simpson
....................
Friday, November 13, 1885
The Daily Republican
Decatur, Illinois
The case against Henry TEAL, charged with the murder of Brice ALSBERRY, formerly of Mt. Zion, has been continued for trial by the prosecution. It was taken to Havana from Clinton on a change of venue. E. D. Blinn of Lincoln, is an attorney for Teal.
Submitted by Sheryl Byrd
....................