The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-19
III n Verdict Is Reached 1t VIII Not
BE Opened in Criminal Court Tn
til This Morning.
STATEMENTS OF THE ATTORNEYS
EDITH CANT, A NEUTRALITY-SUSPICIOUS.
GIRL, ON THE STAND.
Several Divorce Complaints in the
Courts Daily Budget-Other Cases
i'm the Local Courts.

The trial Of William and Belle Caldwell
for the murder of Daniel Sullivan on Oct.
IL was concluded before Judge Afford and
the jury in the Criminal Court yesterday
afternoon at $40 o'clock. A verdict was
not probable at $50 o'clock last night. and
Judge Afford concluded not to wait for it.
The instructions defined murder in the
two degrees and manslaughter, informed
the jury of the penalties attached to each,
and defined legal self-defense sufficient to
justify the commission of a murder. The
forms of verdict and manner of arriving at
them were described by the judge, who
closed his instructions by cautioning the
jury to consider the case on the evidence.
and not TO allow sentiment to enter into
their verdict.
Preceding Judge Affords Instructions was
the argument of Prosecutor Ruckelshaus
He told the jury that according to the evil
dence no other verdict than that of murder
in the first degree could be found. He de-
scribed the crime and told of the debauch-
cry that led up to it. The witnesses for
both defense and the State were enumer-
ated, and their testimony analysed in the
argument. Mr.. Ruckelshaus called the at
tention of the jury to the credibility of the
witnesses, and told the jurors TO consider
the men who had testified and decide
whether they were interested in the result
of the trial or not, before too much cred
ence was given 10 their
Taylor Gronniger, retained for the prose-
cution by friends Of Sullivan, opened the
argument for the State. Mr.. Gronniger
quoted the laws defining murder and the
punishment for the offense. He reviewed
the testimony of the witnesses. both for
the State and for the defense, and SAID
that a preponderance of the evidence indi-
Gated the guilt of the two defendants. He
told the jury that nothing but a verdict
OF murder in the first degree could satisfy
justice and that such a verdict was GEM
mensurate with the enormity of the crime.
FOR THE PRISONERS,
For the two prisoners. Frank McCray
and Charles McGroarty. the attorneys en-
ployed by the county for the defense Of
Caldwell and his wife. spoke for an hour
and a half. Both attorneys told the story
of the crime and said that from the EVIL
dence their plea of self-defense was clear
~ established. Mr.. McCray said the law
which permits the right of a wife the de-
Tense of a husband. as we'll as herself.
clearly exonerated Mrs. Caldwell. For
the man. the fact that he was being beaten
by three assailants and in his desperation
fought his way out Of the melee made 1t
natural that he would strike hard and
often. That one of his blows was fatal,
although this was not proven, Mr.. McCray
said, was not indicative of generalization
and consequently a verdict of murder in
slaughter was the offense, If 1t was proven,
and this, Mr.. McCray said, was committed
In self-defense.
The testimony of the day was ended at
4 s0 nfr1nnH Tho 6afanQo fntrndttnnl fhrnn
witnesses, the two accused persons and
Edith Cant, aged twelve. one of the little
girls who was forced to participate in the
orgy at the Caldwell house on the night
of the fight which eneded with Sullivan's
death. Caldwell testified that he invited
Sullivan to his house, that they had sew
started when the light was blown out, and
he was assaulted by the three men in the
house. Afterwards. in the yard. he was
knocked down and beaten and in the
midst of the fight his wife came to his
assistance. He said that he did not hit
Sullivan and did not tell Sullivan's wife
that he (Sullivan) had been hurt in a fall.
He denied that he killed Sullivan and said
the fight in the darkness. Caldwell said
he had been a policeman for two years
and a railroad detective.
Edith Cant, a pretty little twelve-year-
old girl, sat in the witness chair for the de-
Tense, and with her little feet dangling
from the high, straight chair told the jury
III a ISDllS NOlCG HOW she naQ enter
tanned the visitors at the Caldwell house
on the night of the fight. She said that she
had done the cake walk and danced. She
could not describe her dance. nor give it a
name. She was invited to the house in a
note to her mother. which stated hat a
party was to be given during the evening
and she was wanted to entertain the
guests. The fight which was started with
the blowing out of the light she knew
nothing about, and said she was so badly
frightened that she did not try to find out
the trouble and knew nothing of the par
ticuiars until the police arrested the men
and woman. The only improperly in Cald-
wells conduct which she told of was that
he offered her beer several times during
the night.
Mrs. Caldwell. on behalf of herself and
husband, told of the fight. She said she
used a lath in the fight and hit Sullivan
on the head with the weapon. She said
her husband was being beaten by all of
the men and she entered the melee i'm his
defense.
Character testimony from a number of
patrolmen and saloon keepers was the evil
dence offered in rebuttal by the State.
AL of the witnesses testified that Cald-
we'll and wife were of bad reputation and
the murdered man., Sullivan, a peaceable
person.