The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-26
RUMOR OF A MOB LAST NIGHT
SHERIFF SPIEGEL, DISCREDITING 1T.
took PRECAUTIONS, HOWEVER.
The Prisoner Admits Genuineness of
His Confession i'm the journal
Several Days Ago.


state. The only proceeding in the court
room to-day was the statement by Colonel
Black that the defense would rest-this be-
fore a single witness had been called and
without the defense SO much as Offering
testimony for the impeachment of the
states witnesses
With this action on the part of the de-
fense it became evident that the case would
be concluded this week without holding
court, and the Thanksgiving holiday was
observed by adjouring over until tomorrow
morning at $3.50 o'clock. This gives the at
torneys a better opportunity to prepare for
the argument. They have not been limited
as to time on this, but there is an agree
ment that they are to finish tomorrow in
time for the judge to deliver his instruc-
tions and give the case to the jury. 1t is
a settled point that the Burton case shall
come to an end tomorrow so far as the
presentation of the case to the jury is con-
cerned.
The courtroom was crowded again this
morning at the opening of court. 1t was
pretty well noised about that the defense
might submit the case to the jury without
either testimony or argument, and the peo-
pie of the town flocked to the place in the
expectation of hearing the courts instruc-
tions to the jury. They were disappointed,
for the attorneys for the defense would not
consent to let the case go without arguing
it, though they are confident of their clients
conviction They are only hoping to save
his neck from the moose, and think they
can certainly do this, and perhaps better by
calling the attention of the jury to certain
alleged unreasonable statements made by
the leading witnesses for the state. They
believe they can convince the jury that Will
liam Pruitt and Philip Kile were mistaken
when they swore positively that they saw
James Burton shoot and kill Frank Red
mond, but the popular belief is that they
will do we'll to raise shadow of doubt
in the minds ofsthe jurors about the truth
funess of these men. The fact that the de-
fense produced no witnesses to aid their
argument in breaking down the testimony
of these men will work against them with
the jury.
Burton was again the first to make his
appearance in the courtroom this morning.
He was escorted by three deputy sheriffs,
was manacled as usual, and was required
to wear his handouts until his attorneys
came in. They seemed undecided what to
do, and after talking hurriedly together
withdrew into a private room and soon had
the defendant brought out to them. All
we're closeted together for over half an
hour, and in the meantime the courtroom
had become packed with men. Mrs. Red
mond and Miss Redmond also came in
Judge Offutt and Prosecutor Wiltsie waited
patiently, conversing together the while. 1t
was a quarter after o'clock when the
party of attorneys and Burton emerged
from the inner room.
THE DEFENSE RESTS.
Onutt raped formally for order, but the
room was as still as church. Colonel
Black arose and slowly said:
Your Honor, 1 wish to say that the de-
fense will introduce no witnesses, but Will
rest its case on. the testimony already ad-
duced by the State.
Thereupon Judge Offutt declared that the
court would take a Thanksgiving recess
and would sit again tomorrow morning at
$3.50 o'clock. After the usual caution to the
members of the jury to refrain from dis
cussing the case among themselves and
with others, the proceedings came to
close for the day.
While the argument is set for $3.50 o'clock
tomorrow and is expected to last all day,
it is possible that the case may reach the
jury before noon. There are several tricks
which the defense could play The attor-
neys are intending to make strong play
for less sentence than life Imprisonment,
notwithstanding the strong case against
their client BY withdrawing the plea Of
not guilty and entering the plea of guilty,
having burton. make statement TO the
jury it is believed the prisoner could have
saved his neck. But the defendants at
toTneys are probably relying upon tradi-
ton that Hancock county juries do not i'm
pose the death penalty and have assumed
that a life sentence is the worst Burton
can get. Any step, that can be taken for
him, therefore, will, they believe, be cal
culated to reduce the penalty from the life
term of Imprisonment.
The defense is afraid of Mr.. Whistles
speech to the jury and may work some
scheme to prevent him making one. II Mr..
Wiltsie opens the argument he Will not
close it and Mr. Virgins, the local prose
Jury In this case the defense will make
full argument, speeches being made by
MessTs Black Dowpng ana % SPahf qeft Thhey
Mr.. Wiltsie says and depend upon Mr.. Wig
gins's lack of Familiarity with the case and
his youthfulness to leave the 4hinds of the
Jurors Impressed with what the defense has
said rather than with the argument of the
State.
POSSIBLY A GORDON TRICK.
If. however, Mr.. Virgins shall make the
opening statement, it is possible for the
attorneys for the defense to stop all argu-
ment with the unfinished statements of the
speaker who opens the argument. 1t is re-
called that Daniel w. Voorhees, lost one of
the most important murder cases in which
he was engaged by such scheme being
played on him. He was assisting the
Quoting the defense. The case was strong
against the defendant and Major Gordon
was fighting only for his clients life. He
felt sure that if Voorhees, We're allowed to
close the argument the jury would hang
the man. After the local prosecuting at
torney had made the opening statement
Major Gordon rose and informed the court
that the defense would rest, and under the
rule of practice this ended the argument
and the jury gave the man only a life SEN
tence
Some of John Spahr's friends say he was
opposed to the course followed by the de-
fense in not introducing witnesses, as he
desired to refute charge made against
him by witness for the state w. c. Bird,
the old man who ran into the store of Job
Eldridge while Burton and Eldridge were
still struggling, said on the witness stand
that Spahr had been to see him recently
and had represented that he was a detective
in order TO induce the old man to talk. The
story caused the attorney some embarrass-
ment. He said the old man took him for
detective, but he thought he explained in
loud enough tone for the old man TO hear
that he was only a lawyer" Spahrs
friends in twitting him about the incident,