The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-06
NDIANAAND ILLINOIS NEWS
Stateme nts Brought Out by Re-
fusal to Grant Downs a New Trial.
A Fortune Waiting the Appearance Of the Full
wider Heirs-Exciting Contest with Rich
mond Roughs-Notes and GleaEings.
INDIANA.
Downs Refused n New TriaI-Doubt rs to
Who Killed Holloway.

Downs Refused New TriaI-Doubt to
Who Killed Holloway.
Special to the Indianapolis journal
LAFAYETTE, Feb 4-This afternoon Judge
Winfield refused the application for trial
in the case of the State VS. Isaac Downs. last
week tried for murder and convicted of man.
slaughter The punishment was fixed at five
years imprisonment. The defense maintained
in their argument for q new trial that the de-
PENDANT was guilty of murder or he was guilty
of no crime. The jury had said he was not
guilty of murder, but of manslaughter, to sup
port which verdict there was not an atom of
evidence. The judge, in his remarks overrul-
ing tho application. said if the case had been
tried by himself, he would have entertained
reasonable doubt whether the deceased was
killed by Downs or Joe Holloway. He thought
the evidence tended strongly to show that Hollo-
way was shot by his son; he (the COURT really
believed that he was SO shot. He cited
the deHberateness of the defendants
efforts to shoot. and thought the evidence showed
great probability that some of the scattering
shot, especially the one in the bowels came
from Downs's gun. 1t will be remembered the
theory Of the defense was that the fatal shot
came from the gun of Joseph Holloway, the
twenty year-old son of the dead man. Young
Holloway had gun. his father club and
were
line. the elder Holloway between the two guns.
Both nred, Downs being ten or twelve feet dis
tant from Holloway, and Joe Holloway being
sixty or seventy feet distant. Downss gun was
loaded with No. shot; Holloways with mixed
shot In the body found mostly
No. shot, but there two
of other sizes. Downs, the defendant, made
short speech prior to his sentence He said he
did not think justice had been done him. either
by the court or jury. He did not shoot Hollo-
way Joe had gun, and the elder Holloway
~ w al
and fired. and shot his father in the breast
Holloway and the speaker were closer together
than the evidence showed them to be. and he
tDownsl never got his gun to his shoulder at ALL
Holloway was approaching him with the club
raised, and was near him; he (Downs threw
back the hammer Of his gun and pulled the
trigger without taking aim. Holloways
fired first, and some of the shot struck him
(Downs) on the hand and others struck his sus-
bender buckles. Then Joe saw he had killed
his father. and Holloway himself had told Joe
that he had killed him. the speaker said Joe
tried his best to kill him, but his father was be-
tween him and Holloway. and Joe could not
shoot him. The defense took an appeal TO the
Circuit Court.
Natural Gas Explosion at Anderson.
ANDERSON, Feb. "A second natural gas ex
plosion this week in Anderson occurred at
O'Clock this afternoon. This time it was in a
large two-story frame tenement house occupied
by a number of families. Natural gas had been
piped to one part Of the house and was being
used in a common coal stove. The weather be.
ing rather warm, and the houee having been
heated by cook-stoves, while getting dinner, the
gas turned off the hea ing stove. After
ward child turned the key so as to allow the
gas to flow. When ono
dered the room afterward to start the
fire in the heating stove and lighted match. a
most terrific explosion followed. The entire
south side Of the lower story OF the building was
blown bodily out. On the north side strong
pieces of timber were wrenched asunder and
two walls of kitchen blown out Doors and
windows in all parts of tho house were torn
from their hinges and smashed to splinters
Heavy pieces of furniture were hurled against
the walls and broken; fact the entire build
ing completely wrecked. Mrs. Judic
Stephenson, Mas Allie Lylton, Mrs Streighton
and Mrs. Sarah Lylton were badly burned, the
flesh dropping from the hands of the former.
The explosion was the result Of gross careless
ness on the part Of persons using the gas.