The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-12-20
GIVEN PROMPT ACQUITTAL
The Jury in Township Assessor Quilts
Case Remain Ont but a Few Minutes.
He Is Congratulated by Many Friends on His
Release from a Serious Charge-Questions
that Came Before Several Judges.

A few minutes after noon. yesterday, two
men met in the courthouse corridor. and
their greetings were noticeably expressive.
The names of the two have been rather
prominent in court ~circleso of late, and they,
from the circumstances surrounding their
respective cases, were well able to under
stand each others feelings. They were
Philip N. Gapen and Township Assessor
Thomas f. Quill. AS they met and shook
hands. Mr.. Gapen was heard to ask. In a
whispered tone. "Say, Tom, how did you
come outf"
"Oh, the jury has just come in, and Pm
all right" replied Quill.
We'll. Pm glad. and here's my hand. 1
know just how you feel"
Mr.. Gapen was one of many who offered
congratulations to Mr.. Quill on the result
of his trial. which. as he had said, ended
with a verdict of acquittal. The case was
called at the regular time in the morning,
and Stanton j. Peelle made the closing
speech for the defense. He dwelt princi-
paliy upon the character and reputation of
his client. and upon the fact that the
dence as the State had produced 1t. Prose
cutting Attorney Mitchell closed for the
State. arguing wholly from the stand point
that Mr.. Quill had certified to the warrant
in question. which was not proved In the
testimony Both speeches were compare
lively brief.
At 11:90 Judge Irwin instructed the Jury.
"Toconvict the defendant on the first count
OF the Indictment he said. 'the State
must prove beyond a reasonable doubt,
every material allegation therein con-
tanned. 1t is essential to show. beyond Q
reasonable doubt. that. at the time and
l1~-21 l. 90 go h -nnAA A1& ~
certified as correct. to the auditor OF
Marion county. q claim. payroll, or
evidence of indebtedness. for the
sum of s2.446; that he did so for
the. purpose of procuring the allowance
of the same, and an order for the payment
thereof out of the treasury of the county;
that at the time he so made out or certified
the same eknew II to be false and frandu-
lent, and so made out or certified 1T with an
unlawful and felOniOus intent. As TO the
second count of the Indictment 1 will say
that to sustain a conviction thereon it is in
cumbent upon the State to prove beyond a
reasonable doubt all the essential allega-
tions necessary to a conviction under the
also prove beyond a reasonable doubt that
the warrant named in the said second
count was presented by the accused to the
county treasurer, and that the same was
paid by said treasurer to the defendant. Ii
must be established that the said payment
was received by the defendant in settle
ment and payment of the claim men.
toned and described in the first count
of the indictment, he knowing such claim
to be false and fraudulent. and receiving
such payment with an unlawful and feloni.
Gus intent"
The Judge further said that all of the
evidence touching upon Mr.. Quilts good
character must be regarded as favorable to
his cause. The jury. of which seven were
Democrats, was then sworn. and at 11:5j
retired. At 1915 it returned. reporting a
zardicf of acunittal.