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

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4 XZ, AMERICAN STATE TRIALS.

On May 6, the defendants appealed to the court for a change of venue on the grounds that "the inhabitants of this entire judicial circuit are so prejudiced against these defendants that a fair trial cannot be had in the same." This application was granted, and the indictments were transferred to the Franklin Circuit Court. The prisoners were delivered to the sheriff of Franklin County, and at the September term of the Franklin Circuit Court, the case was continued to a special term of the court to be held in January 1857.

It was alleged that Edward D. Worrell, then and there feloniously, wilfully, deliberately, and premeditatedly, and of his malice aforethought, did shoot off and discharge a pistol loaded with a leaden bullet at Basil H. Gordon. The bullet struck, penetrated, and wounded Gordon in the back part of the head, giving him a mortal wound of the breadth of one inch and depth of six inches. As a result of this wound, Basil H. Gordon died instantly. It was further alleged that William H. Bruff was present, aiding, helping, abetting, comforting, assisting, and maintaining Edward D. Worrell in committing the felony and murder.

The jurors, upon their oaths, stated that Edward D. Worrell and William H. Bruff did feloniously, wilfully, deliberately, premeditatedly, and of their malice aforethought, kill and murder Basil H. Gordon, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.

The jurors further presented that on January 25, 1856, in Warren County, William H. Bruff and Edward D. Worrell, with force and arms, feloniously, wilfully, deliberately, premeditatedly, and of their malice aforethought, made an assault upon Basil H. Gordon. William H. Bruff, holding a pistol charged with gunpowder and a leaden bullet in his right hand, was involved in the assault.