The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-23
Judge Bakers Instructions to the
Jury Are Comprehensive and Go
Straight to the Point.
NO VERDICT YET REACHED
JURY ADJOURNED At 10 O'CLOCK
LAST NIGHT UNTIL THIS MORNING.
Much Interest Centers i'm the Argu-
ment of Attorneys, and the Court
room Ii Crowded During the Day.

- 49, -"
case went to the jury. The last rgumen
had been made. and the court had given its
instructions as to the law in the case, and
as the Jurors passed out of the courtroom
on their way TO the jury room their solemn
faces betokened that they were keenly alive
to the Importance of the case and of the
bearing that their verdict may have upon
the future.
The whole day was consumed in the ar
guments of the attorneys and the charge Of
the court. The courtroom was crowded
with state officials and attorneys, who
listened with a consuming eagerness to the
efforts Of the attorneys and the charge Of
Judge Baker. 1t was the general impress
sion that few finer efforts had ever been
heard by those present than the speeches
made on both sides in this case. The charge
Of Judge Baker was full and comprehensive,
and when he had finished both sides
announced themselves as thoroughly salts
fled with 1t. In part, the court said:
THE JUDGES INSTRUCTIONS.
The court desires to congratulate the
jury on the near approach of the end of
its labors. You have listened with patient
attention. and L trust you will evince the
same honest and faithful determination in
arriving at your verdict. This is a very i'm
portant case, not only to the parties, but it
has a far wider sweep than that which
pertains Immediately to the parties in the
action. The extent Of the responsibility
that attaches to the sheriff in the keeping
of his prisoners is a thing for your imme-
date consideration. The horror that sur
rounds the crime of the lynching of Marion
Tyler Is calculated TO arouse and indame
the heart Of every honest and right-feeling
mind prf fhfc ic RI no No na pf nf VOnr
duty. You are to reach a fair and honest
verdict through a fair and impartial con-
sideratlon Of the evidence and the law. II
the suit of the plaintiff for the recovery Of
damages for the loss Of human life, which
Of f 4 n sheri 1Tpfi in tSe n erffopgn tne Of fe his Snfys
IL Is charged that Tyler was a prisoner in
the hands of the sheriff, and on account of
the negligence of the sheriff he was lynched.
This action is against the sheriff and five
others. who were on his bond in the penal
sum OF 5000. In no event must your verdict
exceed that sum. The wrongful acts charged
are that the sheriff allowed the mob to as
semble. that he carelessly left the jail
without a guard, and that ne aided and
keys and informed the mob OF the location
OF the cell in which Tyler was confined:
that he made no cutlery, etc.
A FURTHER CHARGE.
ut is charged that he is guilty of further
neglect in that after the mob had taken
Tyler from the jail and hanged him the
sheriff made no effort to cut him down and
resuscitate him. To this the defendants
have interposed a plea Of general denial. A
preponderance OF the testimony must be
given by the plaintiffs. The jury are the
tryers Of fact. Your duty is to determine
the facts, and it d~evolves upon the court
10 give you the law In the case, and you
have no right to depart from IL.
1.-The court will call your attention to
some Oh these Lac.s IN an adVlsory way, OUT
TO prove all the charges. IL will be suffi-
cient If you are satisfied that the defend
ant failed TO exercise the ordinary degree
OF care that a prudent man would have
done under the same circumstances. The
court charges you that IL is not necessary
that Goblin, or any of his bondsmen, should
have participated directly in the mob, or
that they should have been proven to have
sympathiZed with the mob. If the sheriff
failed to exercise the degree of care that
tifs are entitled to some damages. Reason
able care is not arbitrary. 1t depends upon
termining the care which should have been
exercised by the sheriff in this case, 1t is
your duty to take into consideration all
the facts that may have a bearing on this
case. You have a right 10 take into consid-
Grafton the character and the habits of the
people; to consider whether the evidence
in that locality before. You are TO con-
slider the population: in other words. gem
tlemen. you are to determine from the evil
dence tho position in which Goblin stood
relative to his prisoner. and the duty which
he must have exercised in his protection.
THE STATE OF FEELING.
You must consider the evidence of the
state of feeling that existed among the peo-
pie Immediately after the shooting of Tyler
and his wife, such as threats that the man
ought to be put TO death. etc. Then you
are to consider whether that state of feel
ing had died out, or whether II was simply
slumbering, ready to be stirred by the breath
of passion into a new flame. You are TO take
into consideration the warnings that had
been received by Goblin, and as the court
recollects. the sheriff admits that he had
you will further consider the conduct of
the sheriff. both before and after the lynch
ing of Tyler. and determine from that
whether he used a degree OF care that n
reasonably careful and prudent man would
have done under the circumstances. Had he
made a reasonable preparation? Did ne
guard? Inquire OF yourselves whether a
reasonable man would not have inquired
have looked out before he opened the door
that allowed the mob to enter. You are to
consider all of these facts without any pas
sion or without being influenced by the
horror that naturally surrounds the case,
and without any sympathy for the sheriff,
or. in other words. you are 10 try the case
al dlA tlul a NtIulCl dCCOIOllElN. IL
you find for the plaintiff il will be your duty
to assess some damages. 1t is not neces-
sary that Mrs. Tyler should have consented
to the bringing of this suit. 1t is for you
to decide what ~pecuniary loss the widow
has sustained after you take into consid-
Grafton his age. physical condition and all
other facts that would have given her a
reasonable expectation in her lifetime. You
are not TO take into consideration the
sense of horror that Marion Tyler must
nave felt when the mob came and took
him from the Jail and hanged him to that
accursed tree, nor OF the horror that the
father and mother must have felt when
they heard IL.
WHAT TO CONSIDER.
The court has allowed evidence to be in
troduced TO prove the character of Marion
Tyler for sobriety. etc. If there is any evil
dence OF his ill-treatment OF his wife, yoU
are TO consider whether or not it may mo-
have emanated from the Terrell family
There have been witnesses who have testi.
fed against him and some for him. You
will take into consideration the opportuni.
ties they had of knowing whereof they
spoke and Of their interest in the case, and
from the evidence you VIII determine what
manner OF man he was. In reference to the
question OF damages, there has been a large
number or witnesses who lave testified
You are TO determine the weight to be given
their testimony, the interest or want OF In
terest to tell the truth or withhold 10. There
has been evidence introduced TO impeach the
evidence of Charles Thomas. Such evidence
Is legitimate and should be considered. Blu
4 y04 ara ala0 tn consider what FanfFua N,o