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The Daily Commercial
New Albany, Floyd County, Indiana
Wednesday, July 29, 1868
THE MOORE-SINEX HOMICIDE
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The Coroner's Inquest --
Verdict of Murder in the First Degree --
The Wound --
Preliminary Hearing Postponed.
No sadder event has ever occurred in this city than the killing of Albert L. Sinex on Monday evening by Thomas P. Moore. Prior to the difficulty that ended so tragically, Moore and Sinex had been upon terms of the most intimate friendship, and no other reason or excuse than the crazed condition of Moore from frequent potations of liquor, can be urged for the commission of the crime. Indeed, yesterday morning Moore said repeatedly and earnestly, and, as we believe, sincerely, that he had no recollection of the unfortunate and fatal affair. In speaking to us of it he said: "This all was caused by whiskey."
And what a sermon is there in these few words! Here were two young men, both of the most amiable dispositions when sober, both members of the same church, both suddenly overtaken by the same temptation, and led on in that temptation by the same mysterious, insane, insatiable demon of desire that knows no abatement but satiety; forgetting vows, and God, and heaven, and together drowning the stings of conscience in the cup that poisons the soul and fits the mind for deeds that in the man's sober moments he would shrink from in horror. This was the status of these two young men on the fatal afternoon of Monday. Who is safe that puts the poisoned chalice to his lips and quaffs its soul-killing contents? Had it not been for liquor two heretofore happy families would not to-day be bowed under the deepest grief, and two young men, both calculated for useful members of society, would not be virtually dead -- for young Sinex in his winding sheet is no more dead to society than young Moore, in his narrow prison cell.
The Corner's inquisition was held upon the body of young Sinex on Monday night. During its sitting a post mortem examination of the body was made, which showed that the ball entered on the right side, between the sixth and seventh ribs, glancing from the ribs downward and ranging through the lower part of the lungs, liver, and kidneys, and lodging in the spine. None of the larger blood vessels were cut, but many of the smaller ones were severed, and death ensued from the inward hemorrhage. The post mortem examination was conducted by Drs. Voyles and Green. After hearing all the evidence the Coroner's jury returned a verdict of death from a pistol shot wound, said pistol being fired by Thomas P. Moore, and charging Moore with murder in the first degree.
Yesterday morning Moore was taken from jail to the office of Justice Monroe, for preliminary examination. Neither the State or defense being ready for trial, the hearing was postponed until Monday morning next, August 3d, at 8 o'clock.
The Daily Commercial
New Albany, Floyd County, Indiana
Friday, August 7, 1868
THE MOORE SINEX HOMICIDE
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Preliminary Examination of Moore.
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A Full Abstract of the Testimony.
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The Trial to be Resumed To-Day.
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The preliminary examination of Thomas P. Moore, for shooting and killing Albert L. Sinex, at the Belvidere saloon, on the 27th of July, commenced yesterday before A. W. Monroe, Justice of the Peace, at the Police Court room.
This case has caused a good deal of feeling and excitement in this city, and during the trial yesterday the Court room was densely thronged with spectators, all anxious to hear the testimony and witness the proceedings.
We publish below the affidavit of James W. Spence, upon which the case is based, and also a full abstract of the evidence.
The prosecution was ably conducted for the State by Col. Thomas J. Jackson, Prosecutor for the Common Pleas Court, who showed a large amount of legal skill in the management of the case. Hon. John S. Davis and Col. D. C. Anthony appeared for the defense, and the accused has no reason to complain of the manner in which his able counsel manage his case.
Thomas P. Moore, the accused, is known to all, or nearly all, the citizens of New Albany, having been raised in this city. He is a young man of perhaps twenty-five years of age, and has a wife and one child. During the examination of the witnesses he remained perfectly cool, but looked somewhat pale and as if suffering much mental anxiety. Some thought him stoical; but a practiced judge of human nature could readily discover that he fully realized the unfortunate and dangerous position in which he had placed himself in a moment of intemperate frenzy.
THE AFFIDAVIT OF J. W. SPENCE
STATE OF INDIANA, )
FLOYD COUNTY, ) ss.
James W. Spence, on oath says, that on the 27th of July, 1868, at the county of Floyd, and State of Indiana, Thomas P. Moore, did feloniously, purposely and with premeditated malice, unlawfully kill and murder Albert L. Sinex, by then and there feloniously, purposely, and with premeditated malice shooting and mortally wounding said Albert L. Sinex with a loaded pistol, then and there loaded and charged with powder and leaden balls, which he, the said Thomas P. Moore, then and there had and held in his hands.
James W. Spence.
Subscribed and sworn to before me this, the 6th day of August, 1868.
A. W. Monroe, J. P.
This affidavit being read by Prosecuting Attorney Thomas J. Jackson, he stated that the prisoner pleaded not guilty. The witnesses were then sworn and separated. The following is a full
ABSTRACT OF THE TESTIMONY
John Sinex's testimony. - Am Coroner of Floyd county; held an inquest upon the dead body of Albert L. Sinex on the 27th of July; regular jury summoned, and witnesses examined -- examined the body, and after post mortem examination, and evidence of witnesses on the 27th, a verdict was rendered on the 28th of July. The post mortem examination of the body was made by Drs. Voyles and Green. (At this point the counsel for the defense objected to the Coroner's evidence, and it was ruled out.)
Dr. J. S. Green's testimony. - Made post mortem examination in connection with Dr. Voyles and the Coroner. Found that Sinex received a gunshot wound between the sixth and seventh rib, on right side, passing through lungs, liver, and into spine near seventh rib. Sinex died of hemorrhage.
Cross-examined. - Sinex as standing or sitting erect when shot. The party doing the shooting was either in front, on right side, or a little behind. Ball struck lower edge of sixth rib, entered cavity, and then ranged down. The ball was not recovered. Sinex had been dead five or six hours when the post mortem was held.
Dr. Voyles testimony. - Testimony substantially the same as Dr. Green's. I would judge that Sinex was standing with his side toward Moore when the shot was fired. If the shot had been fired by one lying down or in a stooping position, the ball would probably have ranged up, but not necessarily so. Death was caused by hemorrhage from the wound.
Charles T. Armstrong's testimony. - Know Thomas P. Moore, saw him at Belvidere saloon on 27th of July; also saw Albert L. Sinex at same place. Saw the entire difficulty between them. Have a shop over saloon, and went into it about half past twelve. Moore soon after came in; commenced playing pigeon-hole; Sinex came in after a while and said to Moore, "thought you was a church member," Moore said, "I am, and thought you was also." Sinex said "I am". After a little talk Moore and Sinex commenced playing euchre. About half past four I went downstairs to get some water. As I came down I heard Moore call Sinex a son of a bitch. I walked in, and commenced playing pigeon-hole with Crane, Gwin, and another. I soon after heard Moore again call Sinex a son of a bitch. I then went to Moore and told him not to talk that way, as some one might hurt him. Sinex said, "oh, no, I would not hurt him, he and I are good friends; I will not see him hurt." Moore then call Sinex a Republican son of a bitch. Sinex said, "no I am not a son of a bitch, but I am a Republican; come and take a glass of beer, and let's be good friends." "Come and sit down," Sinex then said to More. No I am not going to sit down, Moore replied. Sinex said you have got to sit down. Sinex had hold of Moore's arm, and they were scuffling. They had by this time got into the front room of the saloon. Moore then made a jerk from Sinex, who had hold of him, as they were scuffling, and as he did so fell against the screen, and the screen fell on top of him. Moore slipped and fell. Krementz or my brother picked up the screen, and after the screen was up Moore got up and walked out the door, and that was the last of that part of the difficulty. Charles Lansford, who was standing in the back part of the room, then said to Sinex, Al., you had better go home; I said also "yes, Al., you had better get out of here." Sinex laughed and said, Moore would not come back, as he was an old friend of his (Sinex) and he didn't think he would come back. I then said to Krementz, you had better go out and if Moore does come don't let him in. At that time Albert Sinex was standing with his left side against the counter, Krementz standing behind him. I went on counting the game, and thought no more of the difficulting, but happening to look around I saw Moore come in with a pistol. He rushed in the door. I saw the pistol and said: Look out Al, here he comes with a pistol. At that time the men in the saloon all made a break, appearing to be much excited, except Sinex, and he stood still. I jumped at Moore to get the revolver before he could shoot. Just as the revolver went off I grabbed him. I caught the barrel of the revolver with my left hand the the cylinder with my right. As I got hold of the pistol, the cylinder and barrel, I threw Moore upon the floor and held him there. While I had him on the floor I spoke to Al., and said you are shot. Sinex then started toward Moore. Before I got the revolver out of Moore's hand Sinex had hold of my cheek, biting me. Sinex then let go of my cheek, and I called to Krementz to come and get the revolver. My brother, Thomas Armstrong, then rushed in to help me get the pistol. I said, never mind, I have got it. I then run to Charles Lansford and said, here, take this revolver. I then walked back and asked Sinex if he was shot. He said yes, I am shot pretty bad. Then Monroe Gwin and my brother caught hold of Sinex and led him out of doors, and Sinex feinted. They then carried him over to Gwins' stable and took him in the office, where he laid awhile, when they took him home. I helped carry him home. Had no conversation with him on the way home. Was not at the house when he died. Heard he died at 7 P.M. It was about 1/4 to five when the shooting took place. But one shot was fired. When shot Sinex was standing with his left side to the counter. When Moore came in he had the pistol elevated. He came in at the front door. Moore fired from near the door, about six or eight feet, firing, (as the witness described) from the front. From appearances I thought Sinex's feelings to Moore were friendly. The reasons Sinex gave for not wanting Moore to go out was that he didn't look very respectable -- his shirt was all out of his pants. When Moore returned to the saloon Sinex made no demonstration toward him. This happened on the corner of Market and Third streets, in the Belvidere Saloon, in New Albany, Floyd county, Indiana. This is the same Thomas P. Moore now in Court that did the shooting. I know Sinex is dead. When Moore was abusing Sinex, he (Sinex) did not seem to get angry.
Cross-Examined -- Could not say whether Sinex was much under the influence of liquor. Didn't see him drink. Thought Moore was not sober, but didn't see him drink. Do not know who pulled Moore's shirt out. From the time Moore went out until he returned would probably not exceed over three or four minutes. Moore didn't say anything when he was on the floor and the screen upon him. Sinex not related to me. Was his friend and Moore's. Were boys together, and went to school together. I was examined before Coroner's jury. Sinex was not out of humor. Did not state before Coroner's jury that they were quarreling. I said they were scuffling. The screen fell when the scuffling was going on in front room. Saw no scuffling in back room. When I heard Moore say "you son of a bitch," I told him to sit down. he said he would not. His shirt was then out. I could have got the pistol before he shot, but it would have endangered my life. Don't know when Sinex go on me and bit me. It was only a short time after I seized the pistol till Sinex was on me. I asked him if he was shot, and he said yes, pretty bad. I was not excited a particle. Did not see Monroe Gwin. Sinex laid with his feet toward the door while he was biting me. Before the scuffle I was counting for the boys playing pigeon-hole. I was looking at Moore and Sinex. I suppose the shock on breaking loose from Sinex caused Moore to trip and fall. The pistol, I thought, was a Smith & Wesson. It had a chamber. I suppose it was a seven shooter.
Regular Examination. -- The scuffling and falling of the screen was before Moore went out.
James Spence's testimony. -- Know Albert Sinex and Thomas P. Moore. Saw Sinex on the 27th of July at Gwin's stable, after he was shot. He was lying on a bench in Gwin's office. I asked Sinex, who done that? (Objected to.) It was an hour before his death I asked this question. Sinex did not make any remarks about dying to me or in my presence. I was present at the time of Sinex's death. He died at five minutes after seven. The wound was in the right side. he died at his home, corner of Upper Sixth and Water streets, New Albany. Had no conversation with him about his dying. Did not hear that any one stated to him that he was dying. James Meekin was present when I asked him the questions. Have not seen Thomas Moore from the day of the shooting until to-day. In the office of Mr. Gwin Sinex told me Moore had shot him. (Here the prosecution desired to introduce as testimony what Sinex had told Spence, after the shooting occurred. The Court held that declarations of Sinex were not admissible.
William Brown's testimony. -- Know Thomas P. Moore. Knew Albert Sinex. Was at the Belvidere saloon on the 27th of July. When I first went in Moore, Sinex, and Thomas Lansford were sitting in the saloon talking. Moore said he wanted to go out, and Sinex asked him to take another drink with him before he left. Moore said he would not do so. They got up, and Moore spoke of some battle he was in;; Sinex said he wasn't in the battle, that it was a God damned lie. Moore said, any person that says I was not in that battle is a d--d lying son of a bitch. Sinex said something and Moore asked him if he called him a d--d liar. Sinex then drew back his arm, and Moore told him not to hit him. Sinex said he would not, and no one else should hurt a hair on his head while he (Sinex) was with him. Moore then said let me go. Sinex said "no come and take another drink with me." (The parties had their arms around each other's sides.) Moore then said here are witnesses, I can prove I asked you to let me go. He mentioned Charles Lansford's name. Sinex said d--n the witnesses, and laughed. Moore then jerked loose and went into the other room. Sinex went in also, and they caught hold of each other again. Moore jerked away from Sinex and ran towards the door, and Sinex started after him. Sinex caught Moore, and Moore got his hand over Sinex's head. Moore then pulled away from Sinex and fell over the screen, and the screen fell over part of him. Sinex did not fall. Sinex caught hold of Moore by the legs and jerked him from under the screen, and Moore kicked, while Sinex had hold of his feet, until he broke Sinex's hold. Moore then crawled out from under the screen, and as he did so Sinex kicked at him, but I do not know that he hit him. Moore then went out of the saloon, and was gone, it might have been five minutes or more, or less, but I do not know where he went. When Moore came back he stepped into the door. I did not hear him helloe; we all run. Then the pistol was fired, but I did not see it. While Moore was gone we tried to get Sinex to leave, but he said no, Moore will not hurt me, we are too good old friends. I caught Moore. Then I seen Sinex down on his knees, I think, and I saw the blood on his shirt. Sinex caught hold of Charles Armstrong's cheek and was biting him. This was after the shooting. Monroe Gwin and Thomas Armstrong then came and carried Sinex away. Moore came back without his coat and inquired where the coat was. He went into the saloon and got his coat, and came out again, and Krementz told him he had killed Sinex. Moore then went toward home and crossed the street. Don't know whether or not he went into his house. Did not see him again until he was arrested. Did not see any pistol on Moore before he left the saloon before the shooting. It was near five minutes after he left the saloon before he returned. When he returned I saw the pistol in his hand. He held it drawn by his side. Sinex was standing at the farther end of the counter. It was but a short time after Moore entered with the pistol till I heard the shot. I just had time to step out of the door. I was in the bar room, or front room when I heard the difficulty. The pigeon holes were in the back room. I couldn't see them without going to the door, but went to the door while they were talking and saw them and then walked right back again. They were talking about politics while sitting at the table. Moore said he intended to vote for Seymour and Blair. Sinex said he would vote for some one, he did not hear who. Armstrong was where he could see them. It was after the shooting that Monroe Gwin came up, while they had Moore down taking the pistol from him. When Gwin came up Sinex was kneeling on the floor. They took Sinex out, led him up to Dr. Meurer's door, but the Doctor was gone and they started back with him, when he cried out -- "I'm gone! I'm gone!" and sunk down to the pavement. This was near the saloon. They then put water on his head, and took him over to Gwin's stable. I did not see him again until they brought him out. I saw him again after he was dead, in the house where he lived. Do not know exactly the time when the shooting took place. They arrested Moore on Main street, in Alexander's drug store. Sinex, when he asked Moore to take a glass of beer, did not do so in an angry manner. He said he wanted to straighten it up with Moore. Heard but one shot fired. Did not see the pistol afterwards. Heard it was handed to Krementz. I stepped out just as the pistol was fired. Sinex stood near the farther end of the counter.
Cross-Examined. -- I do not know whether Moore was drunk or sober.
Here the Prosecutor stated that drunkenness was not an excuse, and he objected to any evidence looking to the establishment of any such proposition.
Mr. Davis, for the defense, argued that the law, in capital offences, palliated the homicide when a man's reason was in a certain sense dethroned by the use or stimulation of liquor. He read a number of legal authorities for support of his position.
Cross-Examination resumed. -- Moore seemed to be under the influence of liquor. I was at the saloon, perhaps, for an hour. Moore led Sinex by the head, and Sinex had his arms around Moore's waist. The got to scuffling, and Moore came against the screen and fell. Sinex caught Moore by the legs and pulled him. Moore was on his back or side, and kicked loose from Sinex. Moore then crawled back under the screen and as he did so Sinex kicked at him. Moore came into the front room first. It was in the back room Moore said he wanted to go home. In the front room Moore told Sinex to let him go. Sinex said he would not. It was in the back room Sinex told Moore that he was not in that battle. Sinex shut the door to the back room when Moore wanted to go out. Moore's shirt was pulled out. Suppose this was done while they were scuffling in the back room. Sinex said he wanted Moore to take another drink and straighten up the difficulty. Did not notice that Moore was angry. Supposed he wanted to get away. Did not see Moore on the floor after the shooting, but saw Armstrong and Sinex. It might have been more or less than five minutes after Moore left before he returned. Did not see the kind of pistol he used. While Moore was gone Lansford told Sinex he had better go away, as Moore might return and they'd have a fuss. Sinex said no, they would not have a fuss, as they were old friends.
Direct Examination resumed. --Don't know how long it was after Moore told us to witness that he left the room. He took no more drinkgs after this. I did not see him take a drink at all. Moore was in the back room when he called for the witnesses. Don't know whether he was as drunk when he left as when he spoke of the witnesses. I do not say that Moore was drunk at all.
Thomas Armstrong's testimony. -- Know Moore and Sinex. Was at Belvidere Saloon on the 27th of July. It was 4 o'clock when I went there. When I first went in, I saw Sinex and Moore in the back room. They had hold of each other's coats. Moore told Sinex to let go of him. Moore said, gentlemen, you all hear me tell Sinex to let go of me. Moore and Sinex then walked out into the next room, to near the screen in front of the door, still having hold of each other. They threw the screen down. Moore was on the outside of the screen and Sinex on the inside. Before the screen fell Sinex asked Moore to come and take a glass of beer. After they had thrown the screen down, Moore got away and went home, and was not back for about five minutes time. Then he came into the door, had the pistol in his hand, came up close to Sinex, and then raised his hand up, then I walked out of doors, heard the pistol fired, and turned and walked in again. Both Moore and Sinex were down on the floor when I came in, and my brother called me and said, "Tom, come and help take the pistol away." I helped my brother wrench the pistol out of Moore's hand. Sinex said to Moore, before the shooting, "come and take a glass of beer with me". Sinex was taken out of the door after the shooting. At the time of the shooting Sinex was standing against the counter. After the shooting Moore and Charley Armstrong were on the floor, struggling for the pistol, and Sinex was also on the floor. After the shooting Sinex was taken out on the sidewalk, and thence to Gwin's stable. Heard no harsh language between Sinex and Moore in the saloon. Did not hear Sinex talk in any angry or insulting manner to Moore. It was about five minutes after Moore left the saloon before he returned with the pistol. Heard no statements from Moore after he shot. Don't know where Moore went after the shooting. I took the pistol to be a Colt's revolver, about a six-inch barrel. Charles Lansford got the pistol after the shooting. Part of this happened in the front and part in the back room. Sinex was on the inside of the screen when it fell. The screen fell out and broke the window. Sinex wanted Moore to take beer, saying he was not mad at him. I did not hear all the conversation between them.
Cross-Examination. -- I think they were a little drunk. I know Moore had some liquor in him. Moore's shirt was out. The screen fell because in the struggle they pushed it down. Moore was struggling to get away, and Sinex ws struggling to keep him in. I was right alongside of Sinex when the screen fell. When Moore came in he had the pistol in his hand; the stock in his hand and the barrel in front. I was standing by the side of Sinex. As Moore came in my brother grabbed at his arm to take the pistol away and the pistol went off, but I can't tell whether the pistol went off before or after he grabbed his arm. He carried the pistol out from his side about as high up as his hip.
David Crane's testimony. -- Know Moore and Sinex. Was at Belvidere on 27th of July. Saw Moore and Sinex there. When I first went in Moore and Sinex were playing cards, and seemed to be in a good humor. They had played several games before I paid any attention to them. A dipute arose between them about the battle of Shilot; they were cursing each other, calling each other sons of bitches, and Moore wanted to go home, and Sinex would not let him. Moore soon started for the door, and Sinex after him. They grabbed each other at the door and knocked the screen down, and Moore fell down with it. The screen fell out and lay in a raised positioin about three feet off the floor. Sinex seized Moore by the heels, and Moore kicked loose and crawled under the screen out upon the pavement. In about four or five minutes Moore came back with a pistol in his hand. As Moore came in the front door I walked out. As I got to the corner of the house I heard a pistol fired. I went in, got my coat, and as I passed back saw some men scuffling on the floor. Do not know how many or who they were. I walked over to Gwin's stable, saw Moore come over and go in Gwin's house, where Moore lived. I saw Sinex come out of the saloon, and fall over, and some men catch him. I then left and saw no more. Did not see pistol in Moore's possession before he left the saloon after the screen fell. First saw Moore after he returned, in the door of the saloon. I immediately left, passing Moore between the screen and the door. It was here I first saw the pistol. He had the pistol in his right hand. It was cocked, and he was holding it down to his side. I did not see the pistol afterwards. Don't know why Sinex did not want Moore to go home. Moore seemed to be a little out of humor. When Sinex started after Moore I though he was angry. I heard Sinex throw Moore upon the table in the back room. Thought he treated Moore pretty rough. Sinex wanted Moore to take a glass of beer. Moore said he'd take a glass of beer with no one, he was going home. Don't know where Moore went when he left the saloon. If Moore had had a pistol before he went out I would have been likely to see it, for he hadn't his coat on. Saw no weapon in the hands of Sinex. Do not know who the parties on the floor were.
Cross Examination. -- Sinex kicked at Moore when he was on the floor and the screen on him. At this time Sinex was apparently angry. Moore seemed to be angry while Sinex was dragging him by the legs. I think they were both under the influence of liquor. It was four or five minutes from the time Sinex kicked at Moore before Moore returned. Did not notice that Moore's shirt was pulled out.
Direct Examination. -- I know Sinex was intoxicated by the way he talked. I think Moore was drunker than Sinex. Both were under the influence of liquor enough to affect their minds. Moore did not act as he usually does when sober. After Moore passed out, his wife called him twice, and he went into the house. I saw him come out of the house, and he went to the Belvidere and got his coat.
Charles Lansford's testimony. -- Know Moore and Sinex. Was at the Belvidere saloon on the 27th of July. Saw Moore and Sinex there. As I passed through the saloon to go up stairs I saw Sinex, Moore and Krementz playing cards. They asked me to stop there and take a drink. Both Moore and Sinex asked me to drink. I did so, and they asked me to take a game. I did so. Before they got through with that game they called for beer two or three times, I don't remember which. Moore drank his own beer and mine too. He would empty his own glass, and seeing mine sitting there he supposed it was his and drank it. They drank probably more than half a dozen times after that. During the game they got into a dispute about politics. They appeared to be good humored. Sinex charged Moore with being a Democrat and Moore charged Sinex with being a Republican, and this broke up the game. Sinex wanted Moore to take another drink, but Moore said he had enough; that he wouldn't dring with such a man as he was, and that he wanted to go. Sinex caught hold of him and said -- Tom, let's take a drink. Moore said he wouldn't do it. Sinex took hold of Moore and said, "Come on, you son of a bitch, let's take a drink." Sinex said -- "that's all good enough in fun. Moore said he didn't want any thing to drink; he wanted to go. Sinex said he shouldn't go till he took a drink. Moore then requested Sinex to let go of him, that he was pulling his shirt out. Moore then tried to pull away. Sinex said, don't try to pull away from me, it's no use, you can't do it, Moore said, I don't want to have any difficulty with you, let me go. Sinex said he didn't want to have any difficulty either, for he could whip him (Moore) in a minute, but didn't want to do it. Moore then jerked away from Sinex and went into the front room. Sinex followed and caught him, and brought him back into the back room. They had a little scuffle there, and Moore requested Sinex several times to let go him, as he wanted to go home. Sinex refused to let him go until he would take a drink, and Moore refusing to do so. Sinex threw him down in a chair. Moore got up and started to go, but Sinex caught him and jerked him back. Moore drew back to strike, requesting Sinex at the same time to let him go, but Sinex caught his arm. Moore turned around to me then and said, you are a witness to this; I have asked him to let me to, and he refuses to do it. Then Moore pulled away from Sinex again and went into the bar room. Sinex followed and caught him again, and they had a little scuffle. I went then and requested Sinex to let him go. Sinex said no, not till he put his shirt in his pants. I then got Moore his coat, and asked him to put his shirt in his pants and put on his coat. Moore said he did not want his coat, he wanted to go home. He broke away from Sinex and started to run to the door. Sinex caught him right by the screen. They had a little scuffle. I could not see whether any licks were struck. They both fell, knocking down the screen, which fell upon Moore. The screen fell towards the street. Sinex got up, and then reached down to catch hold of the screen, Moore still being under it; but instead of taking hold of the screen he drew his foot back and kicked at Moore, but I could not see whether he hit him. Krementz set up the screen. Moore crawled out from under the screen and upon the sidewalk, and went away. Sinex stepped back to the saloon. I did not then hear Sinex say anything. Don't know whether Moore kicked Sinex while while he was under the screen. I then advised Sinex to go home. He said he wouldn't do it. I told him I would pay for the beer rater than see any difficulty. I asked Krementz how much the bill was. He said one dollar and a half. I handed seventy-five cents to Krementz, but Sinex shoved it back, and said he would pay for the beer. I told him I would rather pay it than see any difficulty, that Moore had gone home, and I wanted him to go home also. Sinex said, you don't suppose he's coming back here, do you? I told him no, but that he knew what Tom Moore was when he ws drunk, that he knew very well he was just like crazy man. Sinex said, I'm not afraid of Tom Moore coming back here; he's to big a coward to ever come back to me. I then started to go up into the carpenter shop to shut it up; I stepped to the side door in the back room of the saloon, closed it, started to go back again, and looking through the window saw Moore coming back again from the direction of Gwin's stable. I went out the side door, and tried to get ahead of him as he approached the front door, saw I could not get there in time, and went back into the side door and into the back room. I called Sinex to look out, for Moore was coming. Just as I spoke Moore came in at the front door, stepped around the screen, and fired. Sinex was standing against the counter. He was five or six feet from Moore when Moore fired. After Moore shot, Charley Armstrong caught him and threw him down, and Sinex went down at the same time, Armstrong on Moore, and Sinex on Armstrong. I heard Moore make no remark when he came in. I saw no pistol in the room before Moore went out. Don't know where Moore went to get the pistol. It was the shot from Moore's pistol that struck Sinex. Armstrong called for some one to come and help take the pistol from Moore. thomas Armstrong came in and helped take the pistol away. Sinex at this time was biting Charles Armstrong on the ear. Tom Armstrong said, let go, Al, don't bite Charley. They pulled Sinex off Charley Armstrong, and Charley Armstrong took the pistol away from Moore, and gave it to me. I gave the pistol to William Merker, and told him it was Tom Moore's pistol, and not to let any one have it. They all came out the door together, Moore first, Sienx afterwards, and I went out the back door, but by the time I got around the corner Sinex was falling on the pavement. I carried the pistol over to Gwin's stable and gave it to William Merker. They carried Sinex over to Gwin's stable, and I heard him say, "Oh, my God, Tom what could you have done this for." I saw Moore going towards the stable with Berry Gwin. I don't know where he then went. Sinex was asking Moore in a friendly manner to drink. Sinex said, during the scuffle in the saloon before the shooting -- Moore, you are the craziest man I ever saw when you are drunk. Moore said -- that's no difference to you; let me go. Don't know where Moore was arrested.
Cross-Examined. -- Moore was pretty drunk. Liquor has a pretty bad effect upon Moore. Always when I have seen him drunk, none of his best friends could do anything with him. Moore drank nine or ten glasses of beer. Sinex was a much stouter man than Moore. From the time that I saw Sinex kick at Moore until he was shot was not more than five minutes. I don't think it was longer. When he set Sinex in the chair he caught him by the arms and forced him down. When they were scuffling near the screen Moore appeared to be mad, but Sinex was laughing. I heard Berry Gwin ask Moore what he shot for. Moore said -- I was not going to stay there and be whipped. When I saw Moore coming back to the saloon he started to run about the time he reached the middle of the street. Sinex made no demonstration on Moore before he was shot. Moore left and then came back with the pistol and shot Sinex. From my knowledge of Moore and the effect of liquor upon him, I do not believe he knew what he was about.
Direct Examination. -- I do not think that Moore knew what he was about at the time of the shooting.
William Merker's testimony. -- Did not see the shooting on the 27th of July. I received a pistol from Mr. Lansford. I think it was a Colt's six-shooter, six inch barrel. Lansford handed me the pistol and said it ws Moore's. I laid it down on the desk, and have not seen it since. Saw nothing of the shooting.
Here the Court adjourned until 9 A.M. Friday.
The Daily Commercial
New Albany, Floyd County, Indiana
Saturday, August 8, 1868
THE MOORE-SINEX HOMICIDE
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Preliminary Examination of Moore.
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Full Abstract of the Testimony.
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Evidence Closed and Decision Reserved Until Monday.
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Before A. W. Monroe, Justice of the Peace.
FRIDAY MORNING'S SESSION
John D. Rodger's testimony. -- Know Moore and Sinex. Saw Thomas P. Moore on the 27th of July, on Market street, near Gwin's stable. He came out of the gate of the residence west of the stable, went up Market street, and into the saloon of Capt. Krementz. When he passed me near the stable his shirt was out of his pants, and he had something in his hand, which I then supposed was some article he was working with. He went into the saloon of Krementz. I did not see the shooting, but I heard a pistol shot that appeared to be in the saloon, immediately after Moore entered. I heard but one shot fired. After I heard the shot, some men came out of the saloon. I saw two of the men, one on each side of another man, apparently holding him up. I started up to where these men were, and some one said, I don't know who, that some man was shot. I met Berry Gwin and Thomas Moore coming down the street as I went up, and Moore said just at that time that he had fixed him. This he said in an excited manner. Gwin said, "Yes, Tom, you have fixed yourself, that's what you have done". Moore said he wasn't going to be abused or imposed upon, or some words of that kind. After that I heard no conversation between Gwin and Moore. After this conversation Moore went toward his residence. I did not notice him after that. After I passed Gwin and Moore I went on to where the men had hold of Sinex, and I asked who that was. They said Al. Sinex. They then carried Sinex to Gwin's stable, and I went in and spoke to him three times. Sinex did not answer me. I was near enough to hear any conversation between Sinex and other persons.
The question was here asked what he heard. This was objected to by the defence, upon the ground that anything Sinex said while Moore was not present could not be introduced as evidence.
The prosecution held that the evidence was admissible. The rule was laid down, by Bicknell in his Practice, and by other standard authorities. The prosecution did not go upon the ground of the dying declaration of Sinex; but upon the statement recently made by the wounded man.
The defense withdrew the objection.
Examination Resumed. -- I did not hear Sinex make a statement that Moore shot him. I was not present when Moore was arrested. Was not present at the residence of Sinex before he died, or at the time of his death. I said I spoke to him three times. My object was that I was satisified he was about to die, and I wanted to talk to him about death. I was told he was intoxicated, and so said nothing to him.
Cross-Examined. -- It was a little after 5 o'clock when I met Gwin and Moore. They came to a sort of halt when I met them. They were going one way and me another. It was but a few minutes before this that I saw Moore going up street. I was standing on the pavement in front of Gwin's stable, talking with Beharrell. Cannot tell whether Moore was running along or walking very fast.
Thomas Krementz's testimony. -- Know Moore and Sinex. Saw them on the 27th of July in my saloon on the corner of Market and Upper Third. Was present when Moore shot Sinex. I came back from dinner about half past one, and Moore and Sinex came in at the back door, and requested me to give them a pack of cards to play a game of seven up for the beer, which I did. They played for three or four hours and then got to talking politics. They got up finally, and as they do so Moore said he wanted to go home. Sinex caught him by the arm and said don't go home yet, let's take another glass of beer. Moore said he wanted to go home, he didn't want any more beer. Sinex insisted on his staying and taking more beer, which he refused. Moore then struck at Sinex, but did not hit him; and Sinex caught him by the breast, arm, or about the throat, and said, "you wouldn't hit me." Moore replied, let me go, I want to go home. They finally commenced jerking and pulling at each other until they got out into the front room. When they got into the front room Moore broke away from Sinex and run. Sinex caught him again, and asked him to take another drink, to which Moore replied, "I don't want any more beer; let me go home." Moore then jerked away from Sinex and fell against the screen. The screen fell, and fell against the window, resting about three feet from the floor. Moore fell under the screen. Sinex caught hold of Moore's legs and tried to pull him into the room. Moore kicked, but I don't know whether or not he hit Sinex. Sinex let go of Moore's leg, and Moore crawled out from under the screen and went out of the house. I raised the screen from the floor, and said to Sinex I don't want any difficulty in the house. Sinex said he thought it was all over. When I raised the screen I went behind the bar. Sinex came up to the bar and asked how much his bill was. I told him it was one dollar and a half. While we were talking Moore came into the saloon with a revolver in his hand, holding it down by his side. He walked to within four or five paces of Sinex and fired. Moore came into the door, turned toward the bar and fired. Sinex turned around just before Moore entered, and stood with his back to the counter. After Moore shot, Charley Armstrong threw his arms around him, and struggled for the revolver, and Sinex started toward Moore. About the time Sinex got to the screen Armstrong had Moore down, trying to take the pistol away from him, and Sinex got on top of him. Armstrong was bending over Moore, and had hold of the pistol. Do not know whether Sinex was on top of Moore or Armstrong. I heard Armstrong say Al, let go of me; don't bite me. Armstrong then called for his brother and me to help take the pistol away from Moore. I went around, and when I got nearly to them Armstrong said, "never mind, I've got it away from him." Moore and Sinex got up, and Sinex stood beside the door, when I saw some blood upon him, and I said to him, you are shot. Armstrong gave the pistol to Charles Lansford. About that time Sinex commenced staggering and reeling. He looked up, but did not say a word to me. I think Charles Armstrong and Monroe Gwin came in and got hold of him. When Sinex got out of doors he fell, and as he fell he said "My God, I'm shot." After that I did not see him again, as I went into the house. But one shot was fired. That shot was fired by Thomas P. Moore. After I went into the house Moore asked me where his coat was. I told him it was lying in the back room on a chair. I also said to him "I believe you have killed Sinex." To this Moore made no reply. He got on his coat and went out, and this was the last I saw of him. Sinex was shot in the lower part of the right breast, or side. It was the bullet from the pistol in the hands of Thomas P. Moore that struck Sinex. In the conversation between Sinex and Moore, Sinex laughed all the time and seemed to be friendly. I can't tell where Sinex was taken after he left the saloon, only from what I heard. I saw Sinex fall after he went out; but saw nothing more after that.
Cross-Examined. -- It was rather rough fun the way Sinex was pulling and hauling Moore around, catching him by the throat. I did not observe Moore's neck immediately after he got off the floor, but I noticed afterwards that it was scratched. I was in the army with Moore -- at the battle of Shiloh, with the 23d Indiana. Moore was in the fight. Moore was excited and had more liquor on the day of the difficulty than he ought to have had. Beer is five cents a glass. I do not think Moore was so much under the influence of liquor that he did not know what he was about. He was slightly under the influence of liquor. Don't know whether a slight amount of liquor affects him more than most persons.
Charles B. Hoover's testimony. -- Know Moore and Sinex. Saw Moore on 27th of July, 1868. Saw him run from his father-in-law's house up to the saloon. Saw a pistol in his right hand by his side. I heard nothing said. Saw Moore run from the house toward the stable with the pistol in his right hand. He then went into the Belvidere saloon. I then crossed the street, and heard the report of the pistol, and this is all I saw. After the report of the pistol I saw Moore come out of the saloon. Do not know what direction he went after he left the saloon. I saw Sinex after he was brought out of the saloon. Don't recollect who brought him out, but think it was Monroe Gwin and Thos. Armstrong. They took him to Dr. Meurer's office, inquired for the Doctor, he was not in, and they then brought him back to the second door of the saloon, and there he fell. They then took him to Gwin's stable and laid him on a cot in the office. I then left. At the time Sinex fell on the pavement I did not hear him say anything. Heard no remarks from Sinex after he was taken to the stable. Heard but one shot fired. Did not see Moore after the shooting.
Cross-Examined. -- When I first saw Moore he was coming out of Gwin's house. He was running in the direction of the saloon, and continued to run till he reached the saloon. It was almost immediately after he entered the saloon that I heard the report of the pistol.
George W. Beck's testimony. -- Know Thomas P. Moore and Albert L. Sinex. Saw them on the 27th of July, 1868. My attention was first called by my son, as we were both in the shop at work. He said there was a row in the saloon. I looked up and saw Moore lying on the floor. There is a screen in the saloon, and it was in the act of falling. It fell to within three feet of the floor and some one caught it and set it up. Moore then got up from the floor and started home. He went into his house and came out with a pistol in his hand, and walked up to the Belvidere saloon, with the pistol in his hand, and about the time he got there I was on the pavement, on the same side as the saloon. Moore then went into the saloon, and I was standing in front of the door. Before he got behind the screen I saw him raise his right hand with the pistol in it, and the screen hid the pistol and hand to the wrist, and the pistol cracked in the house. This is all I saw until after the shooting. When the pistol cracked there was considerable noise and scuffling in the bar, but I did not go in, and did not see who was scuffling. After the scuffling was over, Moore and Sinex came out upon the pavement, two men having hold of Sinex -- one hold of each arm. Sinex walked around a little, then staggered and fell. Moore then went home with Berry Gwin. He started to go into the house, then immediately came out, and went down the alley toward Main street. After the shooting I saw them carry Sinex to Gwin's stable. I did not go in. I did not hear Moore make any statements to Gwin.
Cross-Examined. -- I did not see anyone kicking another when my attention was first called to the difficulty by my son. Moore was under the screen when I first saw him. The screen sat "cate-cornered". He stepped partially around the screen, his hand hid by it, but not his body. He was on the left side of the screen when he shot. My son did not go over with me. I did not see Sinex at the time of the shooting, the screen hiding him.
Stewart Sandford's testimony. -- Am an officer of the city of New Albany. I arrested Thomas P. Moore on the 27th of July, 1868, for shooting Albert L. Sinex. I was first informed of the shooting by a small boy. I found Moore in the third story over Alexander's drug store, in the south-east corner of the room. This was a quarter or half past five o'clock in the afternoon. when I went up and saw Moore in the room over the drug store I said -- "Tom, what are you doing here?" Moore said, "I am drunk". I replied, "you are not so very drunk, Tom". He was lying down and as he raised up I asked him -- "have you got a pistol?" His answer was -- "no, I haven't." Then I said -- "How in the name of God, Tom, came you to shoot Al Sinex?" His answer was that he did it in self defence. I then asked him whether there had ever been any former difficulty between them, and he said there never had. We then started along down toward the stairway, when I noticed on one side of the face and one side of the neck scratches, looking as though made with finger nails. He said that Sinex did the scratching and had him down, that he had grabbed him by the neck and scratched him. I took him to jail; and Moore made about the same statements to Akers and myself as we were taking him to jail. He said to Akers that he did the shooting in self defence. There were some bottles and demijohns in the room where I found him. These had been moved from the wall, and he was lying behind them, on his side, with his head to the west or down Main street. These bottles and demijohns were some two feet high. I did not see him until I had gone some eighteen or twenty feet into the room. The room is probably forty five feet long.
Cross-Examined. -- I could have seen Moore in any part of the room if he had been standing or sitting. The bottles were from six inches to two feet high. He made no objections to arrest. I had no writ for him. He went along peaceably.
Henry Beharell's testimony. -- Know Moore and Sinex. Moore is here in Court. Saw Moore on the 27th of July, 1868, coming out of Berry Gwin's yard and going toward the Belvidere Saloon. This saloon is about half a square from Gwin's house. Moore had a pistol in his hand. I saw him go into the Belvidere saloon. When I saw him enter the saloon I stopped. I heard the report of the pistol, and saw them bring Sinex out of the saloon. I saw Moore come out, and go into Berry Gwin's yard, and this was the last I saw of him. Monroe Gwin and a man I didn't know brought Sinex out of the saloon, and to the office at Gwin's stable. Gwin was not in the office. After Moore came out of the saloon I saw him with Berry Gwin. I heard Gwin say to Moore -- "you have done it". I heard no answer that Moore made. I heard but one shot or report. I did not go into the office in the stable. Rodgers said he would go in and talk to Sinex. This was about 5 minutes after 5 P.M.
Cross-Examined. -- When Moore passed me going to the saloon he was walking. He did not run into the saloon. Heard no response from Moore to Gwin.
Lewis Swarren's testimony. -- Know Thomas P. Moore, but didn't know Sinex, knew him when a baby, but he grew out of my knowledge. The Belvidere is on the north east corner of Market and Upper Third. I saw Thomas P. Moore on the 27th of July at the Belvidere saloon. When I first saw him my attention was called by a low, rumbling noise like a scuffle or row. I then saw the screen turned partly over. It was raised up again, and then Moore came out of the house, and run down home, went into the gate and to the back end of the house, and I didn't see him for a time, and suppose he went into the house. I then saw him coming out toward the gate and a woman following him. But she did not get quite to the gate. Moore continued on toward the Belvidere, in a slow run, I think, part of the way. I saw him have in his hand something that I supposed to be a pistol. After he got even with Gwin's stable door, I ran across and told Monroe Gwin that I expected Moore would get into trouble, and while I was telling Gwin this I heard the report of a pistol in the Belvidere. I heard but one report. I then went up street. They had Sinex pretty near up to Dr. Meurer's and then brought him back, and near the saloon he fainted. I opened his shirt to see where the wound was. Sinex was then carried to Gwin's stable and I did not see him afterwards. I saw Moore, after the shooting with Berry Gwin. I saw Moore come out of the saloon and go home, go into the yard, and toward the back end of the house. As he came out I saw a woman following him, that I supposed was his wife. She did not take hold of him, but I think fell. This was before the shooting.
Cross-Examined. -- When I saw Moore going back to the saloon he was running. He did not run as he came from the saloon after the shooting.
Here the State rested for the present.
TESTIMONY FOR THE DEFENSE.
Col. D. C. Anthony's testimony. -- I know Moore. Saw him immediately after he was put in jail. Noticed the condition of Moore's neck. It looked as though it had been roughly handled. There were as many as four or five marks on the face, and as many as a dozen places on the neck, such as would be made with the finger nails. I saw the prints of the fingers, the neck being very red, and having all the appearance of having been seized by the hand. There was another mark, higher up, and on the jaw, larger than the others. Moore was at this time evidently very much under the influence of liquor. I have known Moore a long time.
Here the Court adjourned until two o'clock P.M.
AFTERNOON SESSION.
Thomas J. Fullenlove's testimony. -- Am Sheriff of Floyd county, and keeper of the jail. It was about half past 5 or 6 o'clock when I first saw Moore on the 27th of July. I noticed his neck. There were some scars or scratches on his neck, as though some one had caught him by the neck. They appeared to be recently made. Moore was intoxicated; -- I would call him very drunk.
Charles Beck's testimony. -- I remember when Sinex got shot. I was at work that day at George Beck's shop opposite the Belvidere. I was working in the shop and heard a rumpus at the saloon. I looked over and saw Moore on the floor, with the screen on him, and he was working pretty hard to get it off. I saw some one kicking at Moore while he was under the screen. It was Albert Sinex that was kicking at Moore. I can not tell whether Sinex hit Moore. Moore then came out of the saloon and went down home in a kind of a dog trot, and came back to the saloon at about the same pace. It was eight or ten minutes from the time I saw Moore under the screen until I heard the pistol fired. Moore did not seem mad. I thought he was running to get out of the way of the falling screen. After the shooting I saw persons on the floor, cut could not tell who they were. I saw their hands under the screen. I called my father's attention to the difficulty.
Cross-Examined. -- My father's shop is opposite the Belvidere. I work in the shop with my father. I called my fathers attention to the difficulty as soon as I saw the screen fall. I know it was Sinex that kicked towards Moore. I was across the street. Don't know whether my father saw the kicking. My father, I think, started across the street first, can't say positive. Don't remember whether it was before or after I saw the kicking. It was pretty soon or right after. I think it was right after. My father got across the street first. It was about ten minutes after my father that I crossed the street. After Moore got from under the screen he went directly home. It was about eight or ten minutes before he returned to the saloon. I saw Sinex come out of the saloon. Do not know who came out with him. There were several who came out with him. I saw Moore after the shooting. Berry Gwin took him home. Heard no conversation between Moore and Gwin. When Sinex came out of the saloon, he started to go up street. There were several around him. I can see about as well as my father. Sinex walked six or seven steps. No one walked with him. There were several around. Sinex started to fall, and Monroe Gwin caught him. They took him to Gwin's stable. I did not go to the stable, but went back to work. Before the shooting, when Moore left the saloon to home, he trotted.
William H. Hale's testimony. -- Saw Moore on the day Sinex was killed. Saw him about 9 or 10 o'clock at night. Saw his neck. Saw where it was scratched -- two or three scratches on each side. Saw no marks of the impress of fingers. I know Moore was drunk.
Cross-Examined. -- Moore was drunk. I can't tell whether he was so demented by the use of liquor that he did not know right from wrong. I saw him in jail. He answered the questions I propounded to him intelligently. I went to see Moore of my own accord. I conversed five or ten minutes with him. He made no statements to me.
Cross-Examined. -- I served with Moore in the army.
Berry Gwin's testimony. -- I remember the afternoon Sinex was shot. Remember walking towards the Belvidere saloon and met Moore. He was about to pass me without saying anything. I asked him what was the matter. He said that "he was beating the --- out of me, and I wasn't going to stand it." I asked him how he got into the fuss. He said they had been beating him. Then I made some remark to him, told him he had fixed himself, and all the balance of us, or words to that amount. Moore did not at any time tell me he had "fixed him." He then went to the house he lives in. I think this was about all he said to me, for I talked to him in the way of reprimand. He then went home. Moore was drunk. I did not notice him particularly, but saw some blood on his cheek and face. At the jail I did not notice his neck. I think it was the next night after his arrest that I saw him in jail. When I met him after the shooting and saw blood on his face and probably on his neck. I believe, now, that I was at the jail the night of the arrest, but did not notice Moore's neck.
Cross-Examined. -- The conversation about the beating was after the shooting. He spoke of Sinex beating him. Moore went to his house. He went in at the gateway.
Col. D. C. Anthony re-examined. -- I saw Moore about 6 o'clock, immediately after he was placed in prison. I talked with him and tried to get a statement of the difficulty, but could get no intelligent account of him. I could only get a statement that he had been choked, and beat, but he seemed to have no intelligent knowledge of the difficulty.
Lemuel Malbon's testimony. -- Know Moore. Saw him the next morning after the difficulty. His neck was scarred up, and looked like he had been choked and scratched.
Cross-Examination. -- Did not notice the scratches particularly. They looked like they had been made by the fingers. Could not have been done by glass on the floor.
Charles T. Armstrong re-examined. -- I noticed Moore just before he went out of the saloon. did not notice any bruises or scratches upon his neck. After he got up from under the screen I did not see him. When I jumped at him to take the pistol away I threw him on the floor where we scuffled. There were two windows broken, but could not say that Moore received scratches upon his face and neck from the shattered glass on the floor. Before the shooting I did not see Sinex have hold of Moore's neck at all. I saw him have hold of Moore's hand before Moore jerked away from him. At the time the shooting took place I think Moore was not so drunk but that he knew what he was about; if he had been thus drunk he would not have done as he did. Did not see Moore when he went down street with Gwin.
Here the evidence closed and the case submitted to the Court, the prosecution and defense submitting the law governing the issues involved. A decision will be rendered, as to whether the case is a bailable one, on Monday next, at 9 o'clock.
The Daily Commercial
New Albany, Floyd County, Indiana
Saturday, August 8, 1868
The Moore-Sinex Homicide -
The Decision Reserved Until Monday Next
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The testimony in the preliminary examination of Thomas P. Moore, charged with shooting and killing Albert L. Sinex, closed yesterday afternoon. Justice Monroe reserves his decision until Monday morning next, at 9 o'clock. The case was submitted to the Court without argument -- the prosecution confident that the Court will not admit Moore to bail, and the defense equally confident that the case is a bailable one.
The State, in this trial, was represented by Col. Thomas J. Jackson, the Prosecutor of the Common Pleas Court. Col. Jackson managed the case most ably, and in its conduct displayed an amount of legal talent, energy, honesty of purpose, and determination that the law should be vindicated and justice meted out, that we have seldom seen surpassed by any prosecutor, young or old. We think Col. Jackson entitled to this complimentary mention, and we give it to him, knowing that all who attended the trial and witnessed the proceedings will join us in what we have said. The interests of the State were faithfully and ably guarded by Col. J. in this trial.
Messrs. Davis and Anthony, for the defense, labored with a zeal and earnestness that convinced all that they believed their client innocent of any malice in the killing. The testimony shows that Moore was drunk, and imagining, in his maudlin condition, that he had been imposed upon and maltreated by Sinex, he in the heat of drunken frenzy rushed out of the saloon, after breaking loose from Sinex who had been detaining him there for nearly an hour, trying to induce him to drink, procured a pistol, rushed back and shot him, causing a mortal wound.
Moore and Sinex, according to the evidence, had previously been good friends. There was no violent quarrel between them immediately previous to the shooting. Both were drunk, and this drunkenness led to a little badinage and some scuffling that developed a slight ill humor on the part of both, until Moore fell under the screen in the saloon and was seized by the legs by Sinex and dragged over the floor. This exasperated Moore, the drunken demon within him was awakened, and under its impulses the shooting was done. Briefly this is a statement of the case. What the decision of the examining Court will be, we can only guess; but to make that guess public now would of course be improper.
The Daily Commercial
New Albany, Floyd County, Indiana
August 11, 1868
THE MOORE-SINEX HOMICIDE.
Moore Denied Bail - Opinion of Justice Monroe - A Writ of
Habeas Corpus to be Sued out Before Judge Bicknell.
Yesterday morning A. W. Monroe, Justice of the Peace, rendered his decision in the Moore-Sinex homicide case, refusing to admit Moore to bail. The following is Justice Monroe's opinion:
State of Indiana vs. Thomas P. Moore.
The court wishes to make a few preliminary remarks before giving the decision in this important and lamentable case, wherein we have quite a copious catalogue of testimony, which the court conceives to be that kind of testimony that enables a court fo fully comprehend the facts in the case.
The court has been very careful in the examination of the law in this case, especially the practice of our own worthy Judge (Judge Bicknell). He says, on page 287, many of the cases in which the unlawful killing is murder have been referred to in stating the distinctions in reference to manslaughter and justifiable and excusable homicide (which we have carefully examined.) He says so far as the general character of the act is concerned, that when ever a human being is killed by an act accompanied with an unlawful intention to kill, such a homicide is murder. The Court is of the opinion that such was the case with the defendant according to the evidence, and therefore we find the defendant, Thomas P. Moore, guilty of murder in the first degree.
A. W. Monroe, J.P.
It is held by the counsel of Moore that this decision is directly in opposition to the law and the evidence; and they will therefore sue out a writ of habeas corpas and have a hearing of the case before Judge Bicknell, as soon as he returns to the city.
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