The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-03-07
Judge kirkpatrick's Exhaustive Anal
ruling Motion for RetriaI.
RAY STILL WALKS THE STREETS
DAVIEss FARMER THREATENED BY
PAT GROVE EMULATORs.
Flint Glass Factory CIosed-War
Against NitrogIycerin Factory
New Farm Residence Burned.

Special to the Indianapolis Journal.
SHELBYVILLE, Ind, March Especial
Judge Lex j. Kirkpatrick this afternoon
overruled the motion for a new trial in the
George NJ. Ray case, and at 4:45 o'clock sem
fenced him to the Michigan City prison for
not longer than fourteen years nor less
than two years and fined him $40, the small
est fine allowed under the statute.
When Judge Kirkpatrick stepped into the
courtroom this afternoon every available
inch of space was occupied. For two hours
Judge kirkpatrick analysed the law gov
erning the case, taking up each of the
groups in the motion and overruling them
in succession. He ruled against the de-
PENDANTS afidavits in support of the wit
nesses attacking the character of the
jurors, but allowed the jurors to introduce
affidavits in support of their reputation.
holding that the jurors were officers of
the court, and any affidavit stating
things they had said out OF court contradic-
tory to their evidence in court could be an
swered by afidavits in their behalf. Evil
dence contrary TO that of an affiant was not
sufficient to impeach him.
On that part of the motion alleging the
double crime in the fifth count, on which
Ray was found guilty. the court held that
the count charged the filing of a false
claim only, and the matter alleging a con-
spiracy with the County Commissioners
was simply explanatory of the manner in
which the false claim was filed; that the
facts concerning the conspiracy was mere
surplusage. 1t was proper. he declared, for
the State to prove that prior to the filing of
the bill there had been an agreement be-
tween Ray and the commissioners, and that
the contract admitted in trial was simply
to show the criminal intent of the defend
ant TO defraud the county. The argument
of the defense that he had a right to get as
big "A contract as possible, and that it was
no crime for him TO disregard the law, and
that the commissioners were the guilty
ones. was overruled by the court.
Ii was left for the jury to determine the
defendants criminal intent to defraud the
county, and the terms Of the contract,
proven in the case, together with its full
fllment, were for the jury to determine.
The court stated that he was particularly
careful in instructing the jury on the ques-
ton of reasonable doubt, even more than
had been asked for by the defendant. The
furnished for a period not longer than until
the LIST of January, 1900. and the jury was
TO determine whether the amount furnished
was done TO evade the terms of the Law of
1899, as charged.
On the error of the court in giving in
structions, he held that a claim filed under
an illegal contract would be Illegal. and
II the claim was fraudulent the defendant
could not be convicted unless he had the
knowledge that II was fraudulent and that
he filed 1t with that knowledge. The court
also held that IL was the judge as to the
competency of evidence, and the jury had
no right to consider any evidence after it
had been ruled out by the court. He held
that ii was not necessary under this in
dictment to show the pecuniary advantage
to the defendant or to the people he repre-
scented.
He took up severally the attacks of the
defendant upon the jurors, and made the
statement that he would have sustained a
challenge as to Juror o w. Carson had
it been made, reading at length his exam
nation touching his competency as a juror
The court stated that he had given the de-
PENDANT the utmost Hberality in selecting
the jury, and not a single juror challenged
for cause was allowed to remain In the box.
AS TO the misconduct of the prosecuting
attorney, which was made one of the
| grounds for a new trial. the court held that
the language was not Objectionable and
that the defendants attorney was respon-
sible for the alteration.
When the motion was cyerruled Ray, al
| though he had had some intimation as to
what was coming, turned white in the face.
Sixty DAYS were granted in which to file a
bill of exceptions and prepare a long-hand
| transcript of the evidence, including the
| rulings and exceptions, for the Supreme
Court.
Motion was made in arrest Of judgment.
| containing about the same grounds as in
the motion for a new trial. The motion
| was overruled after a brief argument.
When asked If he had anything TO say
| why sentence should not be passed, Ray
| said: mo, sir, / have nothing to say. Pass
the sentence" Then the judge passed the
sentence of not more than fourteen years
| nor less than two and a fine of SO. While
| the court was making the usual talk TO the
| prisoner Ray sat next to his attorneys.
talking and laughing with Attorney Camp
| bell. paving no attention whatever to the
remarks OF the judge.
Sheriff Luther, it is said, has promised on
800 Noo,-fono that when sentence WQ2
| passed he would then confine Ray to the
Jail or his residence. But to-night Deputy
Chester Luther and Ray were walking
about town as usual.