Between 20 December 1858 and 18 May 1859, the Perry Court summoned witnesses from Perry, Crawford and Harrison Counties. Defense attorney Lemuel Q. DeBruler from Jasper and Rockport submitted on 6 April 1859 a list of 45 witnesses for the defense. When the Court sat at Rome on 23 May 1859, the Hon. M. F. Burke just appointed in February 1859 presiding, a regular prosecuting attorney was not present. Judge Burke appointed Ballard Smith “as there is no prosecuting attorney in this [third] judicial circuit.”
The indictment for Larceny against the Prathers was quashed, apparently due to lack of evidence. The indictment against the deceased Thomas Prather for receiving stolen goods was abated. To replace the quashed indictment, Ballard Smith filed a Grand Jury charge against Robert, Richard, Ransler, Jacky, Jonathan and Pleasant Prather that on 1 June 1858 they had feloniously received a horse valued at $120.00 stolen “by some evil disposed person” from Isaac P. Sibert of Crawford County.
James M. Shanklin from Evansville, the regularly appointed prosecuting attorney, appeared on Tuesday, the 24th of May. He filed a Grand Larceny indictment against the same six Prathers and Samuel Scott for stealing the same $120.00 horse of Isaac P. Sibert. He also refiled the same indictment from the previous day by Ballard Smith, except that $500 bail for each was added.
The difficulty in developing hard evidence in such a far-flung operation led to conviction on the lesser charge of receiving stolen goods. Only Robert and Richard Prather were present to receive the verdict and sentence.
“We, the jury, find the defendant Robert Prather guilty as charged, that he be fined in the Sum of two hundred dollars, that he be imprisoned in the States prison for the term of five years and that he be disfranchised and rendered incapable of holding any office of trust or profit for the term of three years, and that the defendant Richard Prather is guilty as charged and that he be fined in the sum of one dollar and be imprisoned in the States prison for the term of four years and be disfranchised and rendered incapable of holding any office of trust or profit for the term of three years.”