The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-09-26

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stolen out of the office. 1t might have been
stolen out. or / might have lost it out Of
IBID You ever show it to Baney?"
Did he know you had it2'
Il think he passed Hnshaw and saw
him drawing it, as Hinshaw said Baney
saw him drawing a diagram, and asked
him what it was, and he told him ana
walked on. | never showed him the dia-
gram. | always let him tell mis- own story
and draw his own diagrams, and never
asked him any questions about II, because
he told his story voluntarily, anyhow -.
Hinshaw was then recalled, ana on this
point his evidence shows:
Now. question about this diagram that
was drawn: Where were you when you
drew the last diagram for DR.. Spinning
Sitting in the photograph gallery at my
little table,
as it is there-a diagram of the gallery and
what surrounded it on the outsider
Yes sir" Explains diagram
That is diagram of the hospital and
gallery?
II want a diagram OF the gallery show
ing the entrance TO the gallery and every
thing surrounding Il
That's what | have Here is the hospi
tai door and mere is the door into the drug
room; here is the drugrSom. here is the
door into the Doctors Office and here is
the door into the gallery
Now, make the gallery and show what
is inside the gallery
Here it is" Explains drawing)
Where is the table upon which you drew
I'm the southeast corner-not quite in
the corner. There IS room for a chair be-
tween the table and the corner"
Was any one else in the room while you
were drawing that2
NO one was in the room, and the door
was locked.
Did you ever tell DR.. Spinning that Mr..
Baney knew you had the diagram. for he
passed by you and saw you drawing it, and
told him what il was?"
This large drawing / did not"
Did you tell him that in substance con-
eerninlg the small drawing, and was that a
4 think that Mr.. Baney knew 1 drew the
Where were you when you drew it?'
was in the same place as | was be-
fore, where | always worked. !"
Was the door locked that timer
Hinshaw evaded the question here by say
ing: THE door 90 the photograph gallery
Is supposed TO be locked all the timer
What is your recollection about it at
the time you drew the smaller diagram
was insisted.
HINSHAN~ WAS CORNERED.
Hinshaw faltereC and then made his ia
vorite reply: Il don't remember"
Was Mr.. Baney in there at that timer"
If he was don't remember"
Hinshaw had previously declared no one
was in the room.
Did he ask you and did you tell him you
were drawing a diagram of your house
there?"
Il don't remember that he asked me, and
1 don't remember of telling him, yet
wouldn't swear that | did not
DO you remember what time of the day
1t was that you drew the small diagram
I do not, sir
And you have no recollection as to
whether Mr. Baney saw you drawing either
of these diagrams?
i have recollection of this: That /
would not have allowed Mr.. Baney to stand
ana watch me draw the diagram. He may
have been in the room where l was at
work, and may have asked me, and if he
did / would have told him, but for me to
draw a diagram in his presence and let
him watch me, nothing could have induced
You would not have any definite recol-
lection in regard to whether he did?'
Il don't remember that he did, and don't
remember that he did not. In all likelihood
why do you say in all likelihood he was
Because he was there so much of the
time. tried to keep him out of that room
ami DR.. Spinning can tell you begged the
doctor to keep him out of there. | spoke
to Wilson about it. l threatened to the
deputy warden that If he came in there
when he came back he would go out of
there at the upper window, and he said
he wouldn't advise me on that Sometimes
he would come in the morning. Some
times he would come to the door and the
door would be locked and he would rattle
the door and wouldn't get in, but he would
try to get in. l knew when 1 drew the
large diagram Noah Baney was not any
where about, and to my knowledge never
saw it,"
He never asked you. then, what you
were drawing. and you never told him?''
L never did tell him that
This completely contradicts Hinshaws
statement to DR.. Spinning and was the one
thing that had the greatest weight with
The grand jury in refusing to believe his
story.
Luther Asher, another much-talked-of
witness, was called. He had testified before
a former grand jury that on the night of
the murder he was out looking for his
horses. When near the Hinshaw house he
was held up by two masked men, and when
allowed to go two shots were fired at him.
One bullet struck him on the leg; the other
hit stick he was carrying. He also said
he saw a horse and buggy south of the
parsonage. On this occasion, however, he
said he saw no men, no horses, heard no
shots, and did not know Hinshaw, did not
know where Hinshaw used to live and told
the former story for fear some one might
think that he had done the killing
After all the evidence had been given and
the jury voted on the question of return
ing an Indictment it was unanimous that
no indictment be returned against Baney
and his pals" George Woods, one of the
jurors, who is a personal friend of Hin
shaw, told Prosecutor Gully that he was
satisfied, and considered that as prosecutor
he had done his whole duty and that if he
heard reports other than this coming
from him to put them down as false