The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-04-14
THE JURY STILL OUT
m CONSIDERS THE PATTON-SPADss
CASE FIFTEEN HOURS
Judge Harvey's Instructions Cover
ing the Evidence-The Plaintiffs
Social PosftiOn-Ofher Courts.

The jury in the spades damage suit failed
a. reach verdict last night. At mid
night the jury had been out fifteen hours
and at that time there were no indications
OF an early agreement. Judge Harvey de-
livered his Instructions at o'clock yester-
day morning at the opening OF court.
Grace Frances Patton. the plaintiff, was
present with her mother. and listened in
tentiy to the reading The instructions
were long and went into an exhaustive
analysis of the different phases of the
case. The jury appeared to get a clear
understanding of the courts meaning and
Interpretation Of the evidence and the
attorneys on both sides OF the case ex-
pressed themselves as being well satisfied.
The court in one paragraph cautioned
the jury that the social surroundings of
both the plaintiff and defendant at the
time Of the alleged betrayal must be con-
sidered. In reference to the private life
of the plaintiff ne said:
Some evidence has been introduced,
which. If YOU find 1t to be true, would tend
to show that the plaintiff had, prior to
such time, been In the habit of using pro-
fame language. or running about the street
at night in the neighborhood of her home:
that HGE lOIffG WAS III a. AGAStibbtAhAeJo iA~-
Quented and inhabited by immoral wamen,
that within her home the language of her
parents i'm her presence was improper.
If such matters are shown by the evidence
these matters may be considered. in de-
termining her habits and social relations
and station in life. in SO far sas
the same may affect the amount of
damages, If any, she would recover herein.
In determining the amount Uf such recovery
you may take into consideration the situa-
ton and circumstances of the parties as
shown by the evidence what, II anything, IS
situation in life at the time OF such wrong;
her loss, IL any, of social character and
81 PHI eTace and 2, hnmiaton II any,
caused thereby. and asSe9S such an amount
rs will fairly compensate her therefor you
may also take into consideration the pecun-
fary condition of the defendant, in so far
the same appears in evidence, to aid you in
determining what amount OF compensatory
The law allows recovery, Ii any recovery
at all Is proper. and If the financial circum-
stances OF defendant justify 1t, of an
amount for which there can be no definite
money standard or measure, but which, in
view Of thu situation and circumstances or
both parties, will fairly and reasonably COM
pensate plaintiff for the purpose of punish
ing defendant and lettering others, but in
;nuenced BY n passion partiaty or prejudice i
but rather by reason In the light of the
evidence, as in allowing you to exercise
confidence in your Intelligence and good
judgment, and requires that you carefully
consider the situation and circumstances of
both parties as shown by the evidence. The
If any assessed by you, should in no
event exceed the amount named in the COM
plant"
Immediately after being sworn, the jury
was put in charge of bailiff Sprague. The
big crowd of men which has hung about the
Superior Court for fifteen days left the
chamber reluctantly. The jurors spent the
day in the jury. room above stairs, but at
o'clock last night were brought down to
the main court room. where they spent the
night. During the afternoon the attorneys
I'm the case loafed about the courts private
chambers and a small congregation of
women and men waited in the corridors.
Spades did not present himself. but his
quire as to the probability of a verdict.
The jurors were taken to supper at o'clock
yesterday evening and at that hour one
of them indicated that verdict would
probably be reached early in the night;
Judge Harvey came down after suppek and
Before going home he instructed the bailiff
to receive sealed verdict at any time. This
was satisfactory to the counsel AZ the hour
as If the jury would not be able to reach
q verdict. Three or four of the jurors drew
Of the court room, with the evident inten-
ton of seeking Slumber. Others smoked
the cigars which bailiff Sprague purchased
for them yesterday afternoon. While TAX
Ing supper one juror purchased a pound of
candy which he carried to the court room
and divided among his fellows.
Spades's attorneys We're somewhat sur
prsed at the slow procedure of the jury.
At the close of the case they expressed the
belief that verdict would not be delayed.
The attorneys for the young plaintin
seemed to accept the delay as favorable to
their client. Many people who have been
the case eyinced an active inter-
ast in the deliberations of the jury last
night, and there appeared to be a general
feeling at late hour that a verdict would
never be agreed upon. Should the jury
TAIL to reach an agreement the members
viii be kept together over Sunday: In
case they make a verdict to-day Judge
Harvey would make it public If it is the
lesire of the attorneys.
In Room 3, Superior Court, another dam
lge suit is pending against Spades. The
Plaintiff ID MRS. Belle Tilghman. the mother
If Grace Frances Patton. Mrs. Tilghman
$ suing Spades for $4,000, the allegations in
Ter. complaint being similar to those set
I'D by her daughter. Ex-Judge Cox, attOr-
iey for the GIRL says that the other suit
will be prosecuted as soon as possible after
he present case is disposed Of