The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-15
Charles w. smith, I'm His Opening
raignment OF the states Evidence.
THEORY OF THE DEFENSE
WITNESSES WHO SAW BURGLARS
THE NIGHT OF THE TRAGEDY.
The Accused Minister VIII Testify In
His Own Behaif-Isesult of Pow
der-Burn Tests Barred.
Special to the Indianapolis journal.

Special to the Indianapolis Journal.
| DANVILLE. Ind. Sept. H.-The prosecu-
| tion in the Hinshaw murder case rested in
case to-day at noon. and this afternoon was
consumed by Mr.. Smith in a statement OF
the defense to be presented. 1t Is announced
that Hinshaw is to be placed On the stand
and allowed to repeat his version OF the
/ tragedy. II expected that the prose-
! cution woild introduce some bit OF surpris-
| Ing testimony toward the last. but IL failed
to come and the States case rested with
out the addition OF any important evidence
The outline OF the case for the defense
| made by Mr.. Smith was listened 20 with
great attention. for all those who had heard
the case OF the State were anxious 10
hear what the defense will attempt 10
prove. The court room was more crowded
than usual but all the time Mr.. Smith spoke
few left the room. and he had the best OF
attention hungry juror. who took from
his pocket an apple and began TO eat IT,
did the eating mechanically. all the time
keeping his eyes. and apparently his mind.
fixed upon Mr.. Smith. Ii was admitted at
the adjournment OF court that IL the de-
fense produces all the testimony which is
promised the will assume very
hopeful aspect for Hinshaw.
1t is doubtful II a theory OF any murder
case in the history OF the State has ever
been presented in a better manner than
that given by Mr.. Smith. He was forcible
at all times, and his good-natured way OF
speaking. withal very earnest. created an
excellent impression. He frequently be-
came pointed and terse in his remarks. so
that there was no monotony in his state
ment. At one juncture he became en-
phatic as TO punch hole into
the map OF the murder scene
AT another point he said. regarding Miss
Worrell. who a witness whose testi-
mony could not be shaken by anything
previously said by her: And there is Miss
Worrell who came braced for the occasion.
She came here set, and try as we would.
she was not to be shaken She was honest
and did not propose TO be annoyed by cross
examination"
A statement which brought forth some
amusement and caused all eyes TO turn
toward attorney Spaan was:
There was Sister Stanley, that good
woman who saw visions and castles. and
the stars afar Of. Really think she must
have listened to Mr. SPANS opening state
ments."
At the conclusion of Mr. smiths state
ment court adjourned until Monday morn
ing, when the defense will begin the intro
duction OF testimony. Mr.. Duncan said. last
evening. that il Will probably take all OF
the week for them to complete their case.
The first witness called yesterday MORN
ing was Miss Althea Cornwell, who was
one of the witnesses for the defense. she Is
q daughter of\Benjamin Cornwell. OF Hall.
Morgan county, but at the time of the
tragedy she lived directly across from the
Hinshaw parsonage. Miss Cornwell was
awakened on the night of the murder by
shouts and cries of, oh, my God, I'm
shot" Her mother told her to go out and
see what was the matter and in doing so
cba ohear N Sb ad of he
Tinchor fence, who would raise up and
then fall to the ground. all the time crying:
My God. / am murdered. Won't any
The man walked or rather crawled north
ward. Miss Cornweu had young man
was filled with misgvings. She rushed
forth in her night clothes and asked II It
sse ana ne ss esay wsn sne baS
to dress. after which she returned, finding
the man, who was Hinshaw,. near Mr..
Easts fence. He said he bleeding to
death, and asked for a doctor.
Where is Mrs. Hinshaw," asked Mise
Cornwell. TO which question Hinshaw re-
piled that ne did not know. He explained
at the time that some persons had en-
tered the house The last ne saw or his
ingly asked: "Will, is that your
Hinshaw asked Miss Cornwell TO leave
him to go look for his WIFE, Miss Corn
well obtained some more clothing and then
came back to the house. where the search
for Mrs. Hinshaw is described Wy her as
follows:
Remembering what Mr.. Hinshaw said
about Thurza, ] started around the house
TO find her. / tried the east and side door,
but II was locked and as started around
TO the back porch / heard a noise and
thought that Il was made by the robbers
that Mr.. Hnshaw had told me had come
them ,a But on rSe ShGss eaF ou sna
ocen / was looking for Mrs. Hinshaw. 1
..,uId see the objects in the kitchen: but
dining room and looked at the bed In that
room and / remembered then that they did
not sleep there % aha went 1b tbe 30 sting % ron
and dining sroom was closed and opened
II. In the east. or sitting room. there was
way TO the west room where remembered
they siept- . .,, "a -.
rooms was closed. The room was filled
with powder smoke-so strong that IL Vas
almost stifiing- 1 was looking for Mrs-
Hinshaw and made my way TO the bed IL
sfood in the southwest corner Of the
room lamb against the wall The bedding
was disarranged and I thought surely
ers I felt Of the bed and she was not
there. Then turned and ran cut
rapidly. because W. wanted tied. 70 nnd n,d
not see the body OF Thurza. nor did see
II as / came out.
Continuing Miss cornweii told Of the hnd~
ing OF Mrs. Hinshaw near the back porch
with her feet on the STEP as II she had
plunged out. She told Of :he attempts to
restore
few others WIN had eathered not realizing
that she was dead. She testified 10 seeing
twn footprints I'm the snow near the well.
and about ten feet from the house She
also heard sounds Of disappearing footsteps
when she arrived at the parsonage gate the
Don't YOU know II was a horse or =
mule running SOUTH" asked Mr. Spaan.
II don't know what caused the sound The
detectives said VI was"
Never mind, now" interrupted Mr..
I Spasn.
the sound eh1'' said Mr. Duncan, showing
a renewed interest In the testimony.
The attorneys wrangled for minute
about allowing Miss Cornweli TO tell what
| she thought caused the noise. and she was
excused without further examination
William j. Cape was recalled. and testified
| that he had called George NilIers attention
| 10 the defendant going In the gate near the
woodshed several timef al night before the
| tragedy. Mr.. Snaan asked " Muller and
witness did not watch for defendant. and
| witness replied that he .'thourht not" Then
| the notes Of the grand jury were produced,
showing that Cope had testified that he and
| Miller had waited ffteen minutes for Hin
| shaw to come out and Miller had said ~
| saw a woman come forth.
did YOU not testify before the coroner.~
| asked Mr.. Duncan Of the witness that <oU
| never saw anything improper between Hkn-
] shaw and any WOMAN
/ Yes sir" said Cope