The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-13

JUROR SURBER, IN HINSHAW CASE,
DISPOsES Of CRABB'S STORY.
Motion for n New Trial and Alleged
New Evidence Which thu Defense
Claims TO Have Found.

Special to the Indianapolis Journal.
DANvILLE, Ind, Oct. 12-The motion for
a new trial of Rev. William f. Hinshaw
was filed before Judge Hadley this morning
by the attorneys for the defense. They
present a bill of exceptions, in which they
| state forty-eight reasons why a new trial
should be granted. The first reason as
| signed is that Alexander A. Surber, one of
the jurors in the case. was an unfair man
for the place and an incompetent juror. An
| affidavit signed by William y. Crabb,
claims that some time in last May Crabb
had a conversation regarding the Hinshaw
case. and that during the talk Surber said:
This preacher ought to be taken out and
hung"
ALEX, you ought not to talk that way"
answered Crabb, to which Surber replied:
II never was in favor of mob law, but /
would help mob that fellow"
HE is no more guilty than / am" re-
sponded Crabb.
You could not bring evidence enough TO
make me believe but what he was guilty"
replied Surber.
Mr.. Surber. when shown the above. was
greatly. surprised. and denied the whole
There is not a word of truth In the state
ment. / never had any conversation with
MIR. Crabb regarding the affair, though at
Ferree spoke of Ii, but 1 let him do all
the talking. This is a great surprise to me,
as it is all a falsehood. l feel positive that
and / intend il shall be sifted-that L shall
prove did not make any such statements
as are here charged"
the court are named, in which 1t is claimed
the court erred either in allowing witnesses
to testify TO certain facts after the ai6or-
or that efforts of the defense to introduce
evidence were denied by the court after
having been objected to by the attorneys
for the State. AS TO newly-discovered evil
dence the motion reads as follows:
That the testimony of the witness
Louise Rushton as TO- her TSa having ~ ,h seen ho Inc
of Sylvia Bayliss. in the city OF indlanapo-
lis, sitting on a sofa with Allie Fsrree.
with has arm on the oacs 81 ane sofa; oMthhss
ers, as appears from the affidavits OF Jen,
ME Baron, Lucinda Garrett and Rachel
Busby herewith filed in support OF THIS mo-
THAT Eva worrell, on the night of the
shooting OF Thurza Hinsraw, and within a
she was afterwards found. ..
That the testimony of ,Eya Wor,
lat When she looked out tbrough
house and SYG Immediately after the hsaring d
Tie SnOt nfcu Suc saw nv VIZ
one but the defendant. was false, Tor tnat
she saw Thurza Hinshaw fall at the back
door of the defendants house. where she
was afterward found, and also that she
heard other persons in the street. as though
some one was fighting, as Is fully SHOWN py
the affidavit of Caroline Irons ana Ella
Irons. herewith filed in support OF this
"Tha the verdict of the jury is contrary
to the law and the evidence"
Mr.. Spaan announced to the court anc
attorneys for the defense this morning
"a new trial will be a big expense TO the
county ard a burden on the people. and we
intend to fight it to a finish, but want II
done fairly and have IL so presented to
his court that he will not err in any par
ticular, so If il is carried to the supreme
Court his decisions will not be reversed
and for this reason we shall insist on each
witness who has made an AFFIDAVIT being
brought into court and give. his testimony;
An affidavit is only a one-sided AFFAIR, anc
we shall insist on having both sides pre-
sented."
Judge Hadley has held court over unit
next Wednesday evening to allow the State
TO procure such evidence as is necessary
to Offset what is presented by the defense
in favor of a new trial. The State does MOI
believe a new trial will be granted. ano
that il it should be carried to the higher
court the verdict as rendered VIII be sus'
tanned.
The witnesses are being to ap,,
pear before the court Thursday, so that all
evidence may then be submitted. m or
Friday Judge Hadley will hear the argu.
ment. 1t is generally believed a new trial
will be refused.