The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-28
THE HINSHAW APPEAL
1T WILL BE FILED IN THE SUPREME
COURT THIS MORNING.
No New evidence ON Which n second
Trial May Re Expected-Argument
in the Rocker Case.

The papers for new trial in the Hin
shaw case will be filed with the clerk OF
the Supreme Court this morning. The at
torneys for the convicted preacher will ask
that the decision of Judge Hadley, Of the
Hendricks County Circuit Court. in refusing
to grant new trial, be reversed. The rec
ord of the case, which will be filed. With
the assignment of errors, is voluminous,
containing a full record OF the trial and the
action in the motion for a new trial
The defense will introduce the record of
the case as sufficient cause for reversal
of Judge Hadley's decision. The same rea-
sons are to be set forth why the decision OF
Judge Hadley should be reversed as we're
given in the motion before him. rhe chief
reason claimed for the necessity of new
trial is that the verdict of the jury was not
warranted by the evidence, and Judge Had
ley therefore erred in not granting the orig
inal motion. The affidavits which the de-
Tense INTRODUCED at the time the motion was
made, and which concern the alleged preju-
dice of jurors and former statements of
witnesses, are, of course, included in the
record.
Duncan & Smith, who represent Hinshaw,
have been at work for some time in the
preparation of the necessary papers. They
have expected that some new light might
be thrown on the case, for there have been
many rumors, but the case goes TO the
higher court with no especially new reason
why there should be new trial. Hinshaws
friends. who are numerous. have been work
ing untiringly in his behalf, and every pos
sible clew has been followed in the hope of
obtaining something which might make a
new trial absolutely necessary. Ii Is said,
however, that these friends have obtained
no new information, except they claim TO
have discovered conflicting evidence con-
corning certain witnesses, which cannot,
however, be of much Importance to the
Supreme Court. Several neighborhoods have
reported private detectives at work in the
interest of the preacher, while already steps
have been taken to circulate mammoth
petition in this and other States, &sEing
presented to the Governor in case the Su-
preme Court does not furnish the expected
relief Hinshaw's friends are expecting
that the Supreme Court may see. the evil
dence on which Hinshaw was convicted in
the same light they do. Because OF fB
unusual nature of the cases' the Supreme
Court will probably be asked to advance
it and pass upon it at an early date. iiTf
Rev. w. T.. Hinshaw has been i'm the
southern penitentiary since the LIST of last
November, having been found guilty of
numbering his wife en- the night of Jan. 9,
1895. The trial, which was held at Danville,
created great deal of interest, and pub
lie opinion has been divided to won 1erful
degree concerning the business of the YER
dict. Hinshaw is reported as being a moGel
prisoner. He has been allowed to wear his
hair long, and his mustache has not been
shaven. A story is related of how ne spent
the anniversary of the day on when MS
wife was murdered. He wrote Warden Hert
a letter, asking that he should not be made
TO work on the first anniversary of his
wife's death. The request was granted, and
1t is said Hinshaw spent the day in prayer,
reading, writing and thought. AT no time
there
allowed him to forget that they still have a
firm belief in his innocence.