The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-29
WAITING THE VERDICT
Lebanon Jury Has Hard Work to
Come to an Agreement.
Brown Murder Case Closed at Noon Yes
acknowledgements Wouldn't Rob
a Cripple-State Items.
special to the indianapolis Journal.

Special to the Indianapolis Journal.
LEBANON, Ind, Oct. 2S.-The jury In
the Brown murder trial was charged by
Judge r. r. Stephenson at noon to-day.
and they Immediately retired to the jury
ROOM No verdict had been reached at a
late hour this evening. The last speech was
by Prosecutor Dutch who made out
strong case against the defendant taking
up the entire forenoon with his speech.
Judge Stephensons charge to the jury,
which followed, was considered as. leaning
toward Brown. He instructed the jurors
that they must be convinced beyond all
reasonable doubt OF the guilt of the de-
PENDANT before they return against him.
He was presumed TO be innocent until the
contrary was proven. If they were salts
fled that the defendant was guilty of the
crime they might find him guilty of muir
der in the first or second degree or of man.
slaughter, and the punishment should be
assessed in accordance with the degree of
the crime. But If they conclude that the
killing was necessary to save the life of
the defendant, then it would be justifiable
and the verdict should be mot guilty.
The trial was begun oct. IL, making this
the eleventh day. Interest has been at a
high pitch throughout the trial. the court
room being crowded at every session Dur
ing the closing speeches there was not
standing room.
The crime for which Brown has been on
trial was the shooting of lawyer Samuel
WeSner, one of the leading practitioners
at the Boone county bar. Wesner
prosecuting claim for damages against
Brown and the gas company of which he
Is officer. and the case had been trans
ferred to the Hendricks county court, at
Danville, on a change of venue. The trial.
which marked by much bitter feeling
in the summing up before the jury on both
| sides, closed on the afternoon of May 20
| last in Danville. Before the jury had re-
| tired from the court room and while Judge
| Hadley, of Danville, was still on the bench
| Brown approached Wesner, who was
| laughing and discussing the case with his
| confreres. Wesner had just closed a pow
| erful address TO the jury in which he had
| soundly scored Brown. Brown was angry
| He interrupted Wesner with the remark:
| "My reputation in Lebanon is as good as
| yours" Brown had his hand his hip.
| Wesner replied: You've got gun, Brown,
| but I'm no coward. Pull 1t and shoot"
Wesner carried a dagger in his breast
| pocket, but he was shot twice before he
| could get it from the scabbard, both being
| found on the floor afterwards. The main
| point in the case hinged on the fact
| whether or not Wesner tried to draw his
| dagger before Brown shot. The witnesses
We're divided in their opinion. Wesner died
| in thirty minutes. The people were so in
censed against Brown that lynching was
| feared and he taken from the Jail
| that night and driven to indianapolis,
where he was kept until the excitement
| cooled down. At his preliminary hearing he
was held without bail and remained in
| Jail until his trial, which began in Lebanon
| on a change Of venue from Hendricks
/ county.