The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-22
COL. COLSON ACQUITTED
HELD GUILTLESS OF THE MURDER
OF ETHELBERT SCOTT.
Jury Was Out but Eighteen Minutes
TeIegrams of COngratulation
Pouring Into Frankfort.

FRANKFORT KY, April H.-Former
Representative David G. Colson, who has
been on trial here for the last four days
for the murder of Lieut. Ethelbert Scott
and Luther W. Demaree, was acquitted by
the verdict of the jury, which was returned
at 6:35 O'Clock this evening. The jury was
out only eighteen minutes. Although 1T
was long after the usual time of the adj
journment of the court and there was no
certainty that an early verdict would be
reached, large part Of the crowd re-
manned in the courtroom waiting for re-
port from the juryroom. After being out
fifteen minutes a knock at the door sum-
money Sheriff Baker to the juryroom. He
responded and reported to Judge Herndon
that the jury was ready TO come into court.
There was great silence as the jury filed
into the courtroom and there was no
demonstration until Circuit Clerk Ford fin
ished reading the verdict which read:
eve. the jury, find the defendant not
guilty.
As the last words of the paper were read
the crowd arose and sent up wild cheer.
Colonel Colson, the defendant, was stand
ing near the witness chair. The crowd
took no notice of the. court officers, who
pounded vigorously for order, but piled
over the ratings surrounding Colson and
insisted on shaking hands with him. They
gave an ovation to the jury and Col. James
Andrew Scott, Colson's chief counsel. The
cheering kept up till Colonel Colson left
the courtroom, and as he did so il was
taken up by the Beckham soldiers in front
of the courthouse, to whom the colonel
q
The argument of the case began at II
defense was made by E. +. Maynatt, of
Knoxville, Tenn, followed by Judge
George Denny the widely-known criminal
lawyer, of Lexington. for the prosecution.
who bitterly arraigned the defendant. Col.
James Andrew Scott, in an elaborate argu-
ment of two hours closed the case for the
defense and Commonwealth Attorney
Franklin followed in argument of an
hour, closing the case for the state. There
was no doubt in the minds of the specta-
tors that q verdict of acquittal would be
rendered till the speech OF Common
wealth's Attorney Franklin, but when he
closed friends of Colson feared that it
would have the effect of a hung jury. To-
night Colonel Colson is receiving dozens of
kilograms from all over Kentucky and
from other States congratuIating him on
his acquittal.
The tragedy, which resulted in the crime
for which ColSon was tried. occurred jan
l6. In duel with Lieutenant Ethelbert F.
Scott in the lobby of the Capital Hotel
crowded at the time by people attracted
here from over the State by the political
contests Colson killed his antagonist.
Scott, and Luther w. Demaree and
Charles ]. Julian. bystanders: wounded
Capt B. B. Golden, who accompanied
Scott and whom Colson's friends charge
with having taken part in the battle. Both
Scott and Colson emptied their pistols.
fifteen or twenty shots being fired in all.
Scott had seven bullets in his body Colson
was wounded in the arm. The weight OF the
evidence was that he received this wound
early in the fight and that Scott fired be-
fore Colson arose from his chair.
The prosecution. after the instructions
OF Judge Cantrell, to-day, virtually aban-
doned the charge OF murder, and endeav-
ored TO get conviction for manslaughter.
on the theory that Scott was killed after
he had retreated and In good faith with
drawn from the fight.
Colonel Colsoa was tried on the indict-