The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-03
HINSHAW'S DOOM SEALED
SUPREME COURT MS DECISION
OF LOWER COURT.
Judge McCabc Is ~Concurred i'm by
the Full Court.


Hendricks Circuit Court and refusing a
new trial TO the convicted preacher now
serving a life term in the Jeffersonville
Prison for the murder of his wife, ThurZa
Hinshaw. The murder occurred at Belle
Vile, Hendricks county. on the night of
Jan. III, lSS0. W. L. Hinshaw was a Metho-
dist minister employed on the Belleville
circuit. AL the time of the tragedy he was
conducting revival services at one OF the
churches on his circuit and went back and
forth each day, his wife generally accom-
panying him. On the night in question
they returned home at about 10 o'clock. At
about l o'clock the neighborhood was
aroused by the firing of pistol shots and
the cries of Hinshaw. They found Hin
shaw outside the house dressed only i'm his
night clothes and the body of Mrs. Hin
shaw lying near the rear door of the house.
She had died from a pistol shot which
penetrated the brain.
Hinshaw was suffering from nineteen
wounds. Seventeen of them were cuts
made with a razor and two were pistol shot
wounds. None of the wounds were of a
serious nature. Hinshaw told a story of "a
visit of burglars and the killing of his wife.
He said he had been awakened by a pistol
shot and found two men in the room &C.
cupied by himself and wife. He sprang out
of bed and grappled with one of the bur-
glars. His wife also got up and Joined in
the struggle. although shot through the
brain. The struggle continued through
four rooms of the mouse and out into the
yard. He was fighting with one of the
burglars who had a razor ~(Hinshaw's
razor and the other burglar, who had Hin
shaw's pistol. was taking no part. Finally.
-. - --l.-
with the pistol placed it against Hinshaw's
side and fired. Hinshaw said he fell un-
conscious and that the burglars ran away.
In the street the %neighbors found Hin
shaw's trousers, pocketbook and razor and
in a woodshed they found the revolver.
They searched carefully for the tracks of
the burglars. but failed to find any. al
though snow had lately fallen. The pillow
powder burned and ii was evident that the
pistol had been pressed into the pillow to
make the wound she received.
At first no one doubted the story told
by Hinshaw of the ragedy. But suspicious
circumstances began TO be found. Then
Hinshaw announced that he would preach
a sermon in his own defense at Belleyille.
He did so. but all he could say was not
sufficient to silence the growing sentiment
against him. The case was laid before the
coroner and in due time Hirshaw was in
dicted by the grand jury and the case set
for trial.
The account of the trial is graphically
portrayed in Charles h. Mavity's book en-
utled The Belleville Tragedy" in which
he gives a full summary Of the evidence.
The defense was represented by Charles w.
Smith and John S. Duncan. OF Indianapolis
and T.. G.. Hogate and j. o. Parker, of
Danville, while the States case was looked
after by Otis Gully, the regular prosecuting
attorney; Henry >. Spaan, of Indianap polls,
and G. =. Hadley. then of Danville. but
now OF this city. The trial and conviction
of the minister did not settle his guilt In
the minds of the general public and there
are yet many people who believe him in
nocent. The opinion Of the Supreme Cour,
is strong and settles many points by en-
phasis which have heretofore been
doubtful.
THE OPINION OF THE COURT.
The opinion is by Judge McCabe 1t COW
ers ~forty-seven typewriter pages and con-
tains an exhaustive review of the famous
case. The court refers to the two errors as
signed by the appellants attorneys at the
outset and shows that the first ground Of
error-the action of the court in overruling
the motion to quash the indictments
abandoned by the appellant in not mention
ing in his brief or in oral argument the
subject of the sufiiciency of the indictment
or the action of the trial court in refusing
to quash it. To the claim of error for re-
fising "a new trial the court devotes con-
siderable space. A large number of specifi-
cations of error were named in the motion
for a new trial, and these are noticed IN full
and particular by the court.
In the appellants brief IL Is stated that
were we 10 concede as actually established
against the appellant every fact upon which
il is claimed that the inference of guilt
could arise as TO which there was any evil
dence whatever and TO consider as estab-
lished in his favor only such facts as TO
which there is absolutely no conflict in the
evidence, that acting upon this hypothesis
the facts thus considered as established do
not exclude every reasonable hypothesis of
the innocence OF the appellant In dis
GUESSING TINS proposition the opinion begins
by recalling the story of the killing of Mrs.
i1inShaw. The court scouts the suggestion
made by the appellants counsel that Mrs.
Hinshaw may nave committed suicide and
that Hinshaw, in order to protect her name
and his own reputation, inflicted the
wounds upon himself and invented the
story of burglars and murder. The sup
position or hypothesis that she did il her
self Tired the shot which killed herr is rem
dered utterly unreasonable and unbeliev-
able by appellants own accounts of the
tragedy as well as the other evidence
says the opinion. Therefore there is no
otner reasonable hypothesis left as to who
did the deed except that 1t was done by the
alleged burglars or by the appellant. Let
us see whether the evidence excludes the
hypothesis that burglars did the killing.
The appellants own statement shows that
he and mis- wife went TO bed about IL o'clock
that night. There was evidence from which
the jury would have been justified in be-
lieVing that the matter that kept them up
so late was the attempt TO settle a little
dispute between them that night. The kill
ing. according to his own statement, &C.
CURED about | o'clock. When found she
had on no night gown, but had on her I'M
dergarmentS and petticoat. and her hair
was not let down., but was still done up in
a knot and held in place by a stick pin;
there were two or three night gowns found
in the wardrobe that had been worn since
being Numbered: there was evidence show
ing that sometimes she did not sleep in a
night gown. there was evidence from which
the jury were justified In concluding that
she was not asleep when she was shot, and
that her face was buried in the pillow in
such a manner that she would have SmOth-
cred II she had continued in that position
any great length of time. If she
was killed by a burglar as stated by APP
pellant i'm his accounts. the evidence was
such as to warrant the jury in believing
that the revolver that killed her was
pressed into the pillow, and to do so sthe
burglar must have reached over the face
of her sleeping husband and pressed his
arm near to or against his face in order to
get the revolver INTO the position that the
powder burn on the FELLOWSHIP Enthusiastically
indicates. From this evidence the jury
was justified in concluding as a matter of
that a burglar would have spared the pow
erful man in the. front OF the bed, who,
when aroused. would or might make a
much more dangerous fight on the burglars.
and Kill the wife lying on the PACK OF the
bed. Ii was the exclusive province of the
they erred therein we cannot correct il.
The evidence was also such as 10 warrant