Thomas Howell
Cincinnati Enquirer, 10 December 1908,
page 9
All of the proof is in the case of Chief of Police Thoeny, of the
Highlands, who was indicted on a charge of shooting and killing Thomas Howell at
Brent Ky. last August, while the latter was trying to avoid arrest by running
away after he had jumped from a C and O freight train.
Chief Thoeny took the stand in his own defense. He said that on the afternoon that the killing occurred police headquarters was notified that at robbery had been committed at Brent, and that he, with Officer Flynn and Squire Quehl hastened to that place. When they arrived, there was a freight train just pulling in and it was decided to arrest those who were stealing rides.
Howell jumped from between two cars and Chief Thoeny called on him to halt. He had his revolver in his hand at the time and said that he stumbled, the weapon being discharged, the bullet striking Howell and inflicting a mortal wound. Other witnesses corroborated this evidence, but it is considered that the case made by Prosecutors Burkamp and Heuver, for the state, is a very strong one, and that the defense did not materially break it down.
Attorneys Root, Healy and Hawkins appeared for the defendant. There are five instructions that will be given the jury this morning. Three of these are in his favor. Of the three, two provide for Thoeny's acquittal. The third provides for a fine and jail sentence, for involuntary manslaughter. The other two are bad for Thoeny.
One relates to punishment for willful killing, from one to twenty-one years. The other covers the proposition that Thoeny had no right to shoot because if Howell was guilty of any crime, it was only a misdemeanor. Attorney Root made the opening argument last night. Today Attorney Healy and Commonwealth Attorney Burkamp, for the state, will argue, after which the case will be given to the jury.