Key - Taswell
Source: Crawfordsville Review, Thursday March 9, 1916
On a motion by Otis Gully an attorney for
the defense the trial of Taswell KEY charged with being an accessory to
the murder of Forrest Miller was continued until April 24. The case was
to come to trial yesterday morning but because of the illness of George
C. Harvey, chief counsel for the defense Judge West granted a
continuance until April. Edgar M Blessing the assistant prosecuting
attorney in this case was late in arriving in the court room so that it
was almost 10 o'clock before Mr. Gulley in answer to judge West's
question if he had any motion to be heard by the court arose and started
to read his affidavit for continuance. This affidavit set out that
George C. Harvey chief counsel for the defense was confined to his home
in Danville and that because of his illness would be unable to attend
the trial. It continued by saying that the defendant Taswell Key had
always consulted with Mr. Harvey in relation to his case and that he
would not with safety enter upon the trial unless Mr. Harvey was in the
court room to direct the case. It stated that other attorneys had been
employed in the case but that the defendant had never depended upon them
and that all his consultations in this case had been with Mr. Harvey.
Key declared in his affidavit that the last time he had consulted Harvey
on the matter was March 2. While Mr. Harvey had been in ill health for
over a year he had at that time assured the defendant that he would be
able to appear in court and direct the case on March 8. Later when he
again went to consult with Mr. Harvey on March 6, the defendant declared
that he found him in bed and that he at once made his request to the
court to continue the case. Key stated that the firm of Harvey &
Harvey has always attended to his legal work and they had always
attended to his legal work and that they had been retained in the
defense of his son Erroll Key when the latter was being tried for
murder.
He declared that the expense of these two cases had been so
great that he was unable to employ another lawyer. In reply Edgar M.
Blessing for the prosecution ask that the motion be set aside. He stated
that it was true that Mr. Harvey was ill and unable to attend the trial
but that the other attorneys, especially the two junior partners of the
firm of Harvey & Harvey and Mr. Gulley were fully acquainted with
the facts and would be able to take charge of the case for the defense.
He declared that Mr. Gulley and Renan R. Harvey, the eldest of George C.
Harvey's sons both take a very active part in the defense of Erroll Key
at the first trial and that the facts brought out then were not
materially different from those in this case. He declared that with the
case in the hands of these two attorneys and AN Foley of this city that
the defendant could go on trial without his case being weakened. Mr.
Gulley in reply to Mr. Blessing's statements declared that while he had
taken an active part in the first trial and was fully acquainted with
the facts in that case that the charge against Taswell Key was entirely
different from that against his son and that he did not feel that he
could take charge of the present case. He also stated that Drenan H.
Harvey, eldest of Col. Harvey's sons had also been ill for the last
several weeks and that even now he had only appeared in court to show
his good will. Mr. Gulley said that if the case were continued for 30
days that he was sure Col. Harvey would be able to take charge of the
case for the defendant. While Mr. Gulley was speaking Erroll Key
accompanied by a guard arrived in the court room. His mother who had
been in the room since the proceedings started rushed over to him and
embraced and kissed him. The defendant also embraced and kissed his son.
Young Key is now serving a term in the Jeffersonville reformatory
having been convicted of the murder of Forrest Miller in Danville last
fall. He was brought here as a witness for the defense and returned to
Jeffersonville yesterday. Judge West asked Henry Spaan of Indianpaolis
who will appear in the case for the prosecution if he had anything to
say in reply to Mr. Gulley's statement and he replied that he did not.
Judge West then declared that he would not like to take the
responsibility of trying the case under the circumstances and that for
this reason he would continue it until April 24. Prosecutor Burnett of
Hendricks County did not appear in the court room yesterday as he has
also been ill. He would however, have been able to take part in the case
if it had been tried. AN Foley and Judge Thomas were both in court as
was Prosecutor of Montgomery Co. Several other local attorneys not
interested in the case were there to hear the motion argued. -- typed by kbz