The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-16
FRANK WRITINGS TRIAL.
A Rather Remarkable Plea in His pefenSe-
The Jury Unable to Agree.

The trial of Frank Whiting yesterday caused
not only the main floor of the Criminal Court
room to be crowded by spectators but a great
part of the gallery. The interest was not con-
fined to those who generally find. attraction in
criminal trials, for not a few business men,
lawyers and others found time to listen to parts
of the evidence. Next TO the youthful prisoner
sat his mother, Mrs. Brundage, who looked
earnestly at each witness for the State, hoping
to catch some expression of face and voice that
might give a ray of mercy to the accused. But
the testimony was pitiless, particularly that
relative to the desperate attempt Whiting made
to escape arrest last Monday morning, his firing
on the officers, and what he said after being taken
to the station house. Prosecutor Harding rep
resented the State and Major Gordon the defense.
Of those summoned as jurors only two were
objected to by the defense or prosecution, and
within a few minutes the jury was impaneled
as follows: John Hawkins, w. Ell. Osborn, R. c.
Arnold, William Frank, Samuel johnson, VIM.
FL. Whitaker, James B. Haywood. FL. J. Ketch-
um, L. B. Kerfoot, George johnson, Joseph P.
Pope, George Anthony.
The prosecution selected the second count of
the indictment for burglary as the one on which
to make the trial. This related to the burglary
at Dr. Prunk's house, on the morning on which
the arrest was made. In some features this was
considered to be less difficult of trial, except that
of the indictment charging Whiting with assault
and battery on Sergeant Lowe with intent to
kill. From the officers the testimony derived
gave no points of interest other than those with
which the public is familiar. In the afternoon
the State called Mamie Foster to the stand. This
white woman was staying at the house corner of
Pine and Washington streets, where the negro
Rice lived, and in which the arrest was made.
She said that Whiting did not come there until
about daybreak Monday morning, the 9th inst
He came in at the back door and went to his
room. A few moments afte rwardS Charles
Daniels came in at the front door,"
"Do you recognize this hat" asked Prosecutor
Harding, handing her a stiff brown hat of high
crown, and which was found in DIR. Prunk's
house."
Eyes, that is Frank Writings"
"Did he wear it when he came home the morn
ing of the ~arrest2"
"No, he had on a gray hat"
us this the hat?" said the prosecutor. showing
one Of size and shape similar to the brown one.
Eyes"
DR.. Prunk was then put on the stand. and
identified the gray hat as his sons, and the
brown one the one found in his house the morn
ing of the burglary.
1hOaClOuSO Ii " tcSbluOuy, cACcpb bbdbO "
Charles Rice, the negro, who said Frank Whiting
was asleep in his house Sunday night when he
went to bed, and he saw hin, there when ar
rested, but did not say that Whiting stayed
there all night. He, however, said Frank wore
a straw hat that night. Officer O'Shaugnessy,
for the State, testified to what Whiting said to
him at the station-houSe after the arrest. 1t
was:
81 would have killed twenty five policemen to
get away. / have nothing to live for. Springer.
who married my divorced wife, has caused all
the trouble. / do not care what becomes of
me-"
In his speech to the jury, Major Gordon said
the State had not established a case of burglary.
To constitute that crime there must have been
a breaking into the house. Here the window
was up; the shutters closed, but Unmatched,
and there was no forcible entry. He
said the case had failed because the indictment
contained no description of the property stolen
or of the owner. He claimed that the crime could
be of no higher grade than grand larceny, and
since the trial was for burglary, that could not
stand, but the case must go again to the grand
jury. He closed with a strong appeal for mercy
on account of Writings age and inexperienced.
Prosecuting Attorney Harding said that a SUI
| preme Court decision had clearly defined burg
larry. and under this the charge against Whiting
would stand. The prosecutor closed with an
earnest appeal for the longest sentence the law
allows. He said it was due to society that he
should be kept for a long term of years from do
ing further harm. After a brief charge from the
court the jury retired. At half past 6 o'clock no
verdict had been reached, and the court ad-
| journed until 8 o'clock.
past 10 o'clock. when the jury giving no further
signs of agreement, an adjournment until this
morning was ordered.