The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-08


Marion county to try the case without the
assistance of Mr.. Hockensmith. He was
made happy with a permit to pass the
guards at the door.
Calvin Johnson, of Brightwood, first
heard of the Smith case last Saturday
morning, when his son informed him that
he had been selected a. member of the jury.
John Powers, No. 610 South East street,
had expressed no opinion on the case, but
was familiar with its details He had never
before served as a juror. He was accepted
by the prisoners attorneys. Calvin john
son served on jury fifteen years ago.
There was but one reason why he could
not try the case fairly; he was a sufferer
from neuralgia and feared that he might
succumb to the malady before the term
nation of the trial. He was investigated by
the prosecution and retained. James H.
Gibson was taken up by the prosecution
was asked If there anything to pre-
vent him from trying the case impartially.
could not conscientiously sign a verdict for
the death penalty" He was not immed-
township was next put into the Sweat
box" Mr.. Davis said he had served on a
jury in the Superior Court several years
was "Dirtywater." but on second thought
believed it was 'Dinkywalter." Mr.. Davis's
lapse of memory created great deal of
brought a smile to the face of the prisoner.
re Charles RI 81 n Brewer of Southport ~, had
apolis Journal. He was retained by the
prosecution, but George Powers and Joseph
excused because of his pronounced aversion
to capital punishment. Garrett H. Shower.
by Mr.. Witsie He 'a du Known as Winnie Winnie
Smith when boy, had read the newspapers
and formed an opinion as, to the merits of
the case. He frankly admitted that he
could not deliberate impartially if called as
a, juror Mr.; Shower gave, up his chair to
Alexander Tate, of Franklin township.
HE GAINED AN IMPRESSION.
"Could you try this case fairly, Mr..
Tate asked prosacutor Wiltcio
Il am afraid l could not. replied the
juror.
II read account of the case in the In
dianapolis Journal and it made nm impress
sion my mind that I could not get rid
off,
Let him be excused" said Judge Nc
Cray.
John F. Liebrch. machinist, living at
No. $50 West North street, was next ac-
by the defense he admitted that he had
formed an opinion from reading the papers.
and was speedily released Jacob Amos. a
Cumberland shoemaker, next chal-
lenged by attorney Duncan because of an
advanced opinion as to the guilt of the
avenue, also disqualified
"a. At 400 o'clock it appeared as if there was
fo ,le tbs hn f Of jury be
Wiltsie objected to the manner in which
the defense was disposing of the special
NCHiIS, WHICH I6Q DSSH reduced 10 elgnL
men. The prosecutor submitted that be-
cause man had formed an opinion from
reading the papers the defense violated the
rule when they disqualified him from serv-
ice. Judge McCray declined to sustain the
prosecution in this objection, and the de-
Tense promptly challenged John Cavanaueh
He lad tried the case in accordance with
the newspaper reports. Louis THEME,
a German citizen of pronounced accent, was
Charles II. Brewer, who was frank enough
10 admit of prejudice formed from dis
cussing the. case. was challenged by both
was speedy. His disqualification also came
about through a too close application 70 the
newspapers. Al o clock juror Albert New
by one of the youngest men in the box,
arose and addressed the court. Mr. Newly
had been in the box all day and his fire.
quent chances at the clock had Indicated
uneasiness
Your Honor he said. 81 have two rea-
sons why I can't serve. The first is that
I am dairyman and have some cows that
no one but myself can milk. The second
Is that ! am not In favor OF capital pun
shmen Mr. Newly rsmaned the court
Of justice, George S w Dunn and Marion
cause of their opinions
At $50 o'clock Prosecutor Wiltsle pro-
posed an adjournment. Attorney Duncan
said that from the present outlook the spe-
cia1 venire would be exhausted without the
selection of jury, and suggested that
n he or on nan be put
missioners We're called and the names
drawn. Mr. Duncan also suggested that
the ten men remaining in the box be al
lowed to return to their homes for the
night. There serious objection to
this until Landon Thomas sprang to his
feet. Stepping over to Prosecutor Wiltsie
he whispered hurredly to that official and
then resumed his seat. Prosecutor Wiltsie
then entered his objection to a separation
of the jury. Judge McCray decided that it
would be best to keep the men together
and instructed that they be comfortably
housed for the night. Smith, with Sheriff
Womack. left the court room while these
matters were being discussed DIR. Wands
did not accompany his stepson to the Jail
The attorneys are hopeful Of getting into
the evidence of the case this afternoon.