Verdict Unusual
The trial of the case of the commonwealth against Manuel Fitzpatrick and Frank Caudill charged with the murder of W. L. (Bud) Brown, in 1924 just outside the corporate limits of Paintsville, began last Wednesday morning. The case was tried before Special Judge W R Shackelford of Richmond, the regular judge J F Bailey, having been disqualified to sit in the case by reason of relationship to Brown.
One of the defendants, Manuel Fitzpatrick, was convicted at a former trial and was given five years in the penitentiary, but he appealed the case and the Court of Appeals reversed it for retrial. At this term of the Johnson Circuit Court Fitzpatrick and Caudill were tried together and resulted in a fine of $500 each.
The decision in this case of imposing a fine for murder is without precedent in this section and this is the first case on record. This, however, is regular and in accordance with a recent ruling of the Court of Appeals under which Judge Shackelford gave the instructions to the jury.
The jury in the trial of Fitzpatrick and Caudill was selected from a special venire summoned from Pike County, who received the case about 3;00 PM Saturday afternoon and reached a verdict before train time Saturday night.
Judge Shackelford instructions were very lengthy, containing eight typewritten pages and seven separate instructions. The instruction under which the jury found the defendants guilty was form D. instruction No. 7, which reads as follows:
"If the jury find the defendants or either of them guilty of shooting a wounding in sudden heat and passion they will fix the penalty of the ones or ones so found guilty at a fine of not less than $50.00 nor more than $500 or imprisonment in jail for a period of not less than twelve months or both such fine and imprisonment in the discretion of the jury and they may or may not be in their discretion provide in the verdict that the one so convicted be put to labor until any fine, the costs and imprisonment in jail imposed are satisfied."
Following is the verdict as returned by the jury:
"We the jury agree and find the defendants, Manuel Fitzpatrick and Frank Caudill, guilty of shooting and wounding in sudden heat of passion under instructions No.7, Form D. We the jury agree and fix the punishment of the defendants, Manuel Fitzpatrick and frank Caudill at a fine $500 each."
"Grant Phillips"
One of the Jury
The Commonwealth was represented by Commonwealth's Attorney Jno. W. Wheeler of Paintsville and A. Floyd Byrd of Lexington.
Attorney C B Wheeler of Prestonsburg, and Blair & Harrington of Paintsville conducted the defense.
The Paintsville Herald
Thursday July 29, 1926
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