036 Slide – American State Trials 1918 Volume X Leo Frank Document

4 XZ, AMERICAN STATE TRIALS.

May 6 they had appealed to that court for 2 change of venue
on the ground that the ‘‘inhabitants of this entire judicial
eireuit are so prejudiced against these defendants that a fair
trial eannot be had in the same,’’ which application waa grant-
ed and the indictments transferred io the Franklin Cireuit
Court and the prisoners delivered to the sheriff of Franklin
County, and at the September term of the Franklin Cirenit
Court the case was continued to a special term of the court to
be held in January, 1857.

had and held at and against the said Basil H. Gordon, then and
there feloniously, wilfully, deliberately and premeditatedly, and of
hia malice aforethonght did shoot off and discharge, and that the
said Edward D. Worrell, with the leaden bullet aforesaid, by means
of shooting off and discharging the said pistol so loaded, to, at and
against the said Basil H. Gordon as aforesaid did, then and there
feloniously, wilfully, deliberately, premeditatedly, and of his malice
aforethought, strike, penetrate and wound the said Basil 4. Gordon,
in and upon the back part of the head of him, the said Basil H.
Gordon, giving to him the said Basil H. Gordon then and there
with the leaden bullet aforesaid, by means of shooting off and dis-
charging the said pistol so loaded to, at and against the said Basil
H. Gordon, and by said striking, penetrating and wounding the
said Basil H. Gordon as aforesaid, one mortal wound of the breadth
of one inch and depth of six inches, in and through the head of
him, the said Basil H. Gordon, of which said mortal wound the eaid
Basil _H. Gordon did then and there instantly die; and that the
said William H. Bruff then and there feloniously, wilfully, delib-
erately, premeditatedly, and of his malice aforethought, was prevent,
aiding, helping, abetting, comforting, assisting and maintaining the
said Edward D. Worrell, the felony and murder aforesaid in manner
and form aforesaid to do and commit—and ao the jurors aforesaid,
upon their oaths aforesaid do say that the anid Edward D. Worrell
and William H. Bruff, him, the eaid Basil H. Gordon, then and
there in manner aforesaid, feloniously, wilfully, deliberately, pre-
meditatedly, and of their malice aforethought, did kill and murder,
contrary to the form of the statute in such case made and provided,
and against the peaea and dignity of the State. And the jurors
aforesaid, on their oaths aforesaid, do further present that William
4, Braff and Edward D. Worrell, afterwards, to-wit: on the twenty-
fifth day of January, in the year of our Lord one thousand eight
hundred and fifty-six, at the County of Warren, and State efore-
said, with foree and arms in and upon one Basil H. Gordon, then
and there being, felouiously, wilfully, deliberately, premeditatedly,
and of their malice aforethought, did make an assault, and that the
ssid William H. Braff, a certain pistol then and there charged with
gunpowder and a leaden bullet, which said pistol he, the said Wil-
liam H. Bruff, in his right hand then and there had and held at