The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-23
BURTON FACES THE JURY
TWELVE MEN TO TRY HIM FOR MUIR
DERING REDMOND SELECTED.
His Exact Age May Play Part in His
Punishment Under the
New Law.
speeiaI to the InaianapoIIs journal.

Special to the indianapolis Journal.
GREENFIELD, Ind. Nov. 22.-The trial
of James Burton, alias Hennessey. the al
legged murderer of Fireman Frank Red
mond, at indianapolis, Jan. p, 1897, began
this morning in room on the second floor
of the Hinchman building. The new Han
cock county courthouse is not yet ready for
occupancy, and temporary quarters have
been fitted up for the use of the county Of
fees and Circuit Court. The Hinchman
block is at the extreme east end of the bust
ness part of Main street National road, on
the north side of the street. and a few
doors from the postoffice. On the first floor
are the county offices. in one half of the
building, and a vehicle and implement
store on the other The courtroom is above
these one flight. occupying the front part
of the building. 1t is about thirty-five feet
square, well lighted and airy. The business
of the court is transacted in an Enclosure
of about twenty feet square in the south
cas- corner of the room. The jury box is
against the shattered windows along the
south wall, and againgt the east wall is the
bench Directly in front of the judges
bench is a long table, at which sat a num-
Der of lawyers not connected with the case,
but who are interested in the proceedings.
"A X,
the bench, are two round tables The one
nearest the bench is occupied by the attor-
neys Tor the state and the other is used by
the four attorneys for the defense. The
space outside the railing is given to the use
of the spectato.s who are seated on long
benches, which might have been taken from
country church.
The Burton trial is being presided over by
Charles G. Offutt, the regular circuit judge.
The case for the state is being conducted
by Charles S. Wiltsie, prosecuting attorney
of Marion county. Prosecutor John F. Wig
gins of Hancock county and his deputy,
j. d. Walker. Burton's interests are looked
after by John o. Spahr of Indianapolis.
and Col. r. A. Black Charles Downing and
w. A. Hough, of Greenfield
When the prisoner was brought into the
courtroom there was a large crowd present
and every seat was taken during the entire
day. notwithstanding there was nothing
more interesting in the proceedings than the
dry routine of questioning and challenging
prospective members of the jury. Burton
looked furtively about the room as he came
in under the escort of Sheriff Noah Spiegel
and his deputy, John Carleton. He was
dressed in a comparatively new dark brown
suit and wore Il clean, fancy colored shirt
and small tie about a standing collar. He
was clean shayen; and but for the restless
eyes and 'jail-white' complexion might
have been taken for one of the attorneys.
He sat during the day between Messrs.
Black and Hough the deputy sheriff i'm
mediately behind him, and seemed to take
deep interest in every move that was
made But he never spoke to his attorneys
during the entire day about the work then
at hand, seeming satisfied with their judg-
THE INDICTMENT STANDS.
When Judge Offutt called for order, At
torney Black offered three motions to quash
the indictment against Burton, all of which
were overrnled by Judge Offutt. The first
motion was to quash the first count of the
indictment, the second motion was to quash
the first part of the second count, which
charges murder while in the commission of
a felony, and the third motion was to uuash
the last part Of the second count, which
charges murder while escaping after the
commission of felony. Burton stood up and
pleaded not guilty to each of the two
counts.
There was little of interest in the ques-
tioning of taiesmen. This began shortly be-
fore 10 o'clock in the morning and continued
until 4:35 in the afternoon, when the jury
was completed. To secure the twelve men
1t was necessary to examine only forty
three, put the examination was .lgld on
both sides. The array OF legal talent, on the
opposition side caused. Mr.. Wiltsie to ques-
ton each talesman to any relationship
TO the various attorneys for the defense.
The twelve men finally accepted claimed
they were Of no relation to either of the
four attorneys and had never been their
clients. The defense asked each man if he
had any acquaintance among the members
of the police or fire departments of Indian
apolis and an affirmative answer was equiv
alent to the excuse of the talesman.
Several of the men had acquaintance
with Sergeant Lowe, but none of them
knew Sergeant Millard Iaport. He former
~ lived here, and Colonel Black remarked
that Indianapolis had to come to Hancock
county for it's best POLICE material The
11rlfO ia oh SiY
men. and the defense sixteen. Nine men
were excused for cause. Seven of these had
formed and expressed opinions about the
case, was too old and one had con-
scientiouS Scruples against infiicting the
death penalty. Inc latter was James i.ee peer,
tated about their answer to this question
from Mr. Wiltsie, land then finally came
around to the strained admission that they
would not object to the death penalty One
man said he would hang Teller If he was
seem to know their own minds were chal-
lenged.
THE JURY ACCEPTED.
The jury as finally accepted is made up of
the following men: John L. Hiday. black
smith James r. Foster, retired farmer;
Anton F.. Schildnier. farmer; Eli H. Hunt,
farmer; Robert Simmons, farmer Noah
w Wilson. farmer; Andrew Fink, farmer:
John Bowrey, superintendent glass works;
William H. Chew. farmer; Joseph c. Rob
erts, farmer and Joel Cook, jr., farmer.
Ten of the jurors are farmers though one
of them is retired and living now in Green
field Nine of them live in the county out
side the city and three reside here. Both
the prosecution and defense are we'll salts
fed with the jury as selected. The MEM
bers of jury are all intelligent men.
Nearly all of them told of having read of
the Burton case in the Indianapolis daily
papers, several of them taking two papers
regularly.
Judge Offutt dismissed the jury and adj
Jour,ed court for the night at 4:30 O'Clock.
He gave the jurors the usual Instructions,
admonishing them not 10 talk of the
Cor the evidence among themselves or with
others. He said they would not be allowed
to separate during the trial. but would be
made comfortable in the adjoining hotel.
They were placed in charge of bailiff and
VIII practically remain his prisoners until
the trial is over.
Mr.. Witsie will make the opening state
ment for the prosecution when court opens
at $3.50 o'clock this morning. and the taking
OF testimony will begin. Sessions of court
will continue from $3.50 in the morning until
from $50 TO o clock at night, with an hour
and thirty minutes recess at noon. 1t is not
certain whether recess will he taken for
Thanksgiving or not. All the interested
parties are anxious to finish the case this
week and fear that day lost will throw
Official facesmsiA Of Medal AsUa rtod