The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-27
THE ORATORY BEGINS
STATE OPENS IT'S ARGUMENT IN THE
HINsHAw MURDER CASE.
Prosecutor Gully Occupies the Entire
Day I'm Reviewing the Evidence
as Prosecution Views 1t.
Special to the indianapolis journal.


last three weeks. began this morning. Otis
E. Gully. recently chosen prosecutor of
Hendricks county, opened the argument for
the State. by speaking for six hours. He
began this morning shortly after o'clock
and closed this afternoon about o'clock.
During the noon hour there was the usual
recess Mr. Gully made an exhaustive re-
view OF the evidence of the case. emitting
no part in his argument. During all the
time he spoke the court room was crowded
and few persons departed while he was
speaking The jury was very attentive,
for by listening TO Mr.. Gully they heard all
the evidence repeated a story. Owing
to the unfortunate delay in the case some
Of the evidence of the State had been al
most forgotten. that 1t. many spectators
had forgotten IL and IL is presumed that
the jury were in condition to be refreshed
upon certain points.
From a lawyers standpoint, Mr.. Gully
gave forcfble presentation of the States
case. His language was not elaborate and
he created no sensations, but he went over
the edivence of the case from the begin
ming, dwelling upon each point claimed by
the defense and the prosecution Ii is time
y TO remark that ii was Mr.. Gullys first
argument in case of Importance. Several
of those who have known him for some
time and are familiar with his small ex-
perience as a lawyer. paid him rather
doubtful compliment by remarking that he
had sin him the stuff for good lawyer"
More is due Mr.. Gully. however, than that,
for he demonstrated that he is lawyer.
Previous to the time heSwas elected, which
was not many months ago. he was known
at the bar of this county. but he had not
appeared in any important cases Since he
was elected he has appeared in a number
of minor cases, so that 1t may properly be
said that Mr.. Gully made his debut to-day.
| He was logical. emphatic. and presented his
argument in the best manner possible for
his side. He showed wonderful familiar
ity with the vast amount of the testimony
which has been given and in the absence of
counsel he defended his legal points we'll.
Mr.. Duncan. for the defense, and Mr..
Spaan. for the prosecution. were not pres
ent during any of the day. Both Of these
gentlemen are at work upon their argu-
| ments and each is striving so it is said
| to make elaborate arguments. The case
offers wonderful opportunities for argu-
| ment. as the evidence is all circumstantial
| sufficiently so to attract the attention of
| the whole country. Should Mr.. Span. by
| his closing argument be able to bring
| about a conviction of the defendant, or
! should Mr.. Duncan, by his argument, acquit
! his client it will be a great victory. Mr.
| Gully to-day prepared the way for Mr..
| Spaan by bringing out the evidence in a
| strong manner. Mr.. Hadley, for the State,
! will do the same and then will come Mr..
| Span TO put the finishing touches TO the
| evidence. Mr.. L. G.. Hogate. for the de-
lsfense, will speak this morning. He will
review the evidence from the light in which
| il is seen by the defense, and after Mr..
/ Hadley, has spoken for the State, Mr..
| Duncan will speak the last word in favor of
| the defendant.
| MR.. DUNCAN FOR A DAY.
Mr.. Duncan will speak for at least a day
| and perhaps the half of another one. Both
Mr.. Duncan and Mr.. Span speak highly
| of the local attorneys. Gully. Hadley, Ho-
| gate and Parker. for the admirable way
| in which they have gathered together wiz
| pesses and arranged the evidence of either
side. The Indianapolis attorneys had little
| to do with the gathering of evidence Mr..
| c. w. Smith. of the defense, has returned
home to remain. He has been an impor-
tant factor in the trial and on all questions
of law, he spoke for the defense. He also
| conducted much of the examination and
| made the opening statement in behalf Of
| Hinshaw
The time of converting court this morn
| ing was somewhat earlier than usual so
| that the argument might get we'll under
| way. Notwithstanding the early hour the
| seats in the court room were nearly all
| taken. and the janitor of the building
| says a number of persons were in the
courthouse yard waiting for the doors TO
4 open as early as Z o'clock. The jurors
| were taken an early morning walk so that
| they might appear refreshed for the few
| remaining days Mr.. Gully lost little time
1 in preliminary remarks. commencing soon
| Tense and dwelling upon 1T until noon.
! The story told by each witness was taken
up and discussed. as we'll as its bearing
| testimony and the statements made by
| witnesses to the coroner. grand Jury and
| court were dwelt upon at length.
THE DEFENDANTS CONDUCT.
The defendant appeared pale and anx-
ious at the opening of court. He no doubt
| realized the ordeal through which he has
got to pass during the remaining days.
He did not look about the room. as usual,
ard at no time was a smile seen his
face. While Mr. Gully spoke of him as a
| murderer who had killed low
! ing and kind wife, his head
dropped and he looked toward
the floor. At times his face would blush
and redden, and it was evident that ne
was. much concerned. 1t would have been
| strange had Hinshaw not shown embar-
| rassment for each time MIR. Gully said
murderer" ''Thurza" or defendant all
| eyes turned toward Hinshaw and he could
not help but feel the gaze. Beginning. Mr..
Gully said
/ 1T becomes my duty in the first place,
in behalf Of the State of Indiana, to open
the argument in this case. 1t is not SIM
ply matter of duty that prompts me to
say what / expect 10. but ii will be based
! on the facts that have been laid before
you by the evidence OF witnesses who have
testified in this case. 1t is not the duty
of any one as an officer of this court TO
i against any citizen, simply by virtue of his
position. But IL YOU go with me on the
10Th day of last January to the quiet lit
tie village of Bellville, in part of the
holy sanctuary of the NJ. E. Church. and
| there see Thurza Hinshaw lying prone
| upon her back, with her lips sealed and
! her life blood slowly but surely ebbing
| away. you will surely say that il is the
| duty of some one to bring to justice the
| cowardly villain who dared to commit
such crime. Mrs. Hinshaw can never
| tell US who took her life. The only tongue
| We have TO tell of the bloody crime is
! the tongue of this defendant But. thank
God. there is other evidence besides what
he says that speaks with more certainty
! than any human tongue.
IMAGINARY BURGLARS
Every physical fact. every established
and undisputable circumstance that comes
| up TO meet his statements brands them as
y On ir,,poccfhj1irv and tbot laayao b;,.. ,-;+L