The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-03-02
RAYS CASE FALLS FLAT
ALL HIS AFFIDAvITs AGAINST JUR-
ORs EASILY KNOCKED OUT.
Suicide of n Man Threatened with Ar
rest-Fires nj Marion and Wheat
~Innd-stntc NecroIogy.

Special TO the indianapolis Journal.
SHELBYNILLE. Ind, March 1.-THE
State presented its side OF the George NJ.
Ray motion for a new trial this afternoon.
The courthouse was again crowded, but the
feeling seems TO be quieter among those In
attendance.
Attorney Wray. for the defendant. offered
I'm addition TO the former %anldavits the affi-
davit Of Juror Henry Marley and II was
read. Mahley sworc that his acquiesccnce
In the verdict was obtained through mis-
representation. as just before the last bal.
lot. I'm which the jury agreed 20 find Ray
guilty on the nth. or conspiracy. count
OF the Indictment. Jurors Diltz and Ferris
got him (Mahley) off In n corner and told
him that II they found him guilty on that
count IL would only mean a fine and jail
sentence. and. acting on this representa-
ton. he had voted TO convict Ray. The
State objected To the admission OF the afii-
davlt because under the decision of the SUI
prone Court a juror could not Impeach his
own verdict, and Judge kirkpatrick held tho
affidavit inadmissiblc.
Promptly at 1880 Prosecutor Blair COM
mencod TO read the counter afiidavits OF the
jurors. Twenty persons testified 60 the
| goDd reputation OF Juror Linville. aud
Jacob A. Stciors. In whose shop the al
legged prejudiclal conversation occurred.
sworo that Linyille was there. but that he
did not say he knew before the trial they
would convict him Ciayl," but that hc
did say that with the evidence they could
not help but convict him.
Juror Ferris Awore that the only time
that Fred 4. strong was at his house was
when he and hia two sons and aon-in-law
were butohering. and that the only remark
he made about the Ray trial was about tho
drawing OF the venire. and the others corr
ftborated him, lilo Hwore that the only
time he saw George H. thurman was at
strong Went over Co yet some oats, That
the RAY subject was not mentioned while
Strong was there; that HOFFMAN y the
came man who waH indicted IN Shelby
guilty, Nigh Hwore TO the same facts,
forrlH's good reputation Was testified 60
by several neighh0fb,
Juror John W, Carson stated that he had
not talked with Patty, one OF the men at
tncllng him, since early last spring, he-
cause he tcaraon) had opposed Patty for
a township nomination, The other man who
made an affidavit against him he only
knew by sight and did not remember being
IN his ompany for years,
Juror Morris Diltz swore that he had al
ways been a warm friend of RAY, that
last campaign, when az. shelbyville, Ray
had given him and "A friend seats on the
stage under the big tent az a Democratic
speaking, that he had not been whore Bal
ley, Embry or Manlief could have heard
him say, III George Ray got his Just dues
he would 10 10 the penitentiary,' but that
he had always said II what vas published
wat true he ought TO he In the penitentiary'
Thirty-eight %neighbors testified 70 Dtltz's
good reputation In his ncighborhoOd.
Juror John 4, Peak sworo that he did not
know Lee Shrout and had only a slight
acquaintance with W, Il, Shrout; hat he
had never talked with either OF them about
the case; that he has always taken the
Democrat. managed by George Ray. and
stu took IL; that Ray always did his print
ing, ana that he was stu friendly Co him.
The day james n. Harris swore he heard
Peak talk about Ray he (Pcak) was run
ming a public sale and was too busy 10 have
talked To any one about the trial. The
other man he had conversation with he did
not know mt all. Fifty persons made ar
iidavit OF Peaks good reputation.
The defense asked further time 60 pre-
pare afiidavits to support the character OF
their atlantis, but the state objected TO the
Introduction of testimony supporting char
nctcrs which had not been attacked. The
defense was allowed until 10 o'clock to-
morrow to prepare aiildavits.