The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-11-20
THE MEMBERS WILL SLEEP IN
COURTHOUSE UNTIL TRIAL ENDS.
So Far There Has Been No Serious
Clash Among Lawyers-Hig-
gins's Loud Shirt.
The Higgins Jury.


Decatur township.
Charles Ryker. farmer, Perry township.
William GLADDEN., farmer, Wayne town.
ship.
Thomas Cade. boiler maker, 2S22 Cornell
avenue.
Andrew c. Toon, farmer, Franklin town
ship.
Wesley Coppock. stationary engineer. 544
Highland street.
Ernest George, farmer. Decatur town
ship.
George w. Butcher, gardener. Irvington.
Councilman John NJ. Higgins, arraigned
in Criminal Court at o'clock yesterday
morning on an indictment charging him
with soliciting bribery, is to be tried by
a jury made up principally of farmers,
the ratio being seven farmers and one
gardener to five men in other callings of
life. Higgins follows the occupation of
draying when he is not attending to other
matters. A noticeable fact about the jury
chosen to try his case is that all but one
are men of middle age or further advanced
in life. The single exception is Thomas
Cade, who gave his age under oath as
thirty-one, and his looks fully bear out
the statement The entire day yesterday
until $40 o'clock in the afternoon, was
spent in examining talesmen for the pur-
pose of finding twelve men to try the
case who would be without objection to
either the prosecution or defense. In the
questions asked the numerous men exam
ined, little of interest or amusement devel-
oped. The line of interrogatories was quite
similar on both sides of the case. Edwin
b. Pugh, the retiring prosecuting attorney,
conducted the questioning for the State. AT
his side sat John b. Elan, the veteran
lawyer and former prosecuting attorney
of Marion county, who frequently offered
suggestions to Mr.. Pugh. The examina-
ton of jurors for the defense done
by Henry N. Spaan during the greater
part of the day, John S. Duncan relieving
him at rare intervals.
HARMONY BROKEN.
The greatest harmony prevailed between
the attorneys on both sides throughout the
day, with the exception of one instance in
the afternoon, when Mr.. Span showed a
tendency to become sarcastic at Prosecutor
Pugh's expense, The incident amounted
to very little. AS showing the friendly re-
lations of the different counsel. during the
forenoon Mr.. Pugh referred to Mr.. Span,
in questioning a talesman, as 1.-The genial
Mr.. Span on my right to which Mr..
Span responded THANK you. but you
won't call me that when the case is half
over" In the effort TO secure a suitable
jury, the State excused twelve men, the
defense fourteen and Judge Afford one.
making twenty-seven altogether, who were
weighed in the balance and found want
ing for this particular trial
The attorneys present considered that the
securing Of jury from thirty-nine tales
men in one day in a case of such general
interest as the Higgins case was a very
creditable piece of work for both judge and
attorneys. Politics cut but little figure in
the proceedings. In fact, Attorney Span
In the afternoon publicly requested the
judge to see to it that politicians of all
kinds and degrees be kept on the panel
from which men were to be chosen for the
Higgins case one or the hrst questions
Mr.. Span propounded to the talesmen was
Are you acquainted with Harry Negley,
the councilman" indicating that a man
who replied in the affirmative would be un-
desirable because of a supposed political
bias. Samuel NJ. Compton, ex-quartermas-
ter general of Indiana; Patrick J. Ryan.
proprietor of the Monarch Grocery, and
Franklin Vonnegut. the well-known hard
ware man, were all excused. Mr.. Compton
admitting that he had met Higgins, Mr..
Ryan owning to a friendly feeling for the
defendant, and Mr.. Vonnegut declaring his
business would suffer seriously If he were
A SLIGHT FURRY.
Mr.. Spaan caused a slight furry yester-
day morning by making motion to quash
each paragraph of the indictment against
Higgins on the grounds that they are not
sufficiently specific and that it does not
appear clearly that Higgins's vote on the
Parry track ordinance would have been
different had he not solicited the bride
-as alleged. Judge Afford promptly over
ruled the motion, the defense reserved an
exception and the examination of jurymen
began. The courtroom was about three
fourths filed during the morning session.
with one In the gallery. AT the be-
ginning of the afternoon session the main
room was we'll filled and there were sew
eral people in the gallery. Defendant Hig-
gins was attended by his wife during a
portion of the afternoon, and his father
also occupied a seat not far from him.
The accused appears TO realize the serious
ness of his position more than he has pre-
viously done. He was not seen to smile
during the entire day. and the attention
he paid 10 the proceedings was very close.
He left the room on a few occasions, but
was usually back again In few minutes,
seated at the right of Lawyer Duncan.
One unacquainted with the defendant
would have had his attention attracted
to the man by the exceptionally loud
shirt and necktie worn by him.
to accept the jury last evening. announc-
ing its preference to wait until this morn
ing before finally expressing entire sat-
isfaction with its personnel. When, how
ever. Attorney Spaan for the defense said.
in his drawing, sarcastic manner, THE
defense is asking no such favors at
the hands of the Court" Prosecuting At
torney Pugh quickly stated I'VE are sat-
isied with the jury, them" and the oath
to try the case fairly and impartially was
administered TO the twelve men in a body.
FIRST REAL SENSATION
Then came the first real sensation of the
day and of the case. In instructing the
jury Judge Afford began his address in
the usual stereotyped manner, giving not
the slightest hint of the trump card he
had up his sleeve" He told the
iurymen not to talk with any one about
the case or read anything the papers may
print on the subject. Then like bomb
shell came the announcement that during
the entire progress of the case the jury
would be kept together. sleeping at night
I'm a room provided for that purpose and
eating their meals at the expense of and
under the eye of the State Judge Afford
told the men that he would to Ii that
they were provided with every comfort
during their period OF enforced bondage
You will now accompany the baflin TO
the room which has been prepared TO re-