The Indianapolis journal., 1902-10-22
FATE OF JOE SPAULDING
CRIMINAL COURT JURY Is NOW DE-
GLIDING 1T.
Charged with the Murder Of Raphael
CompeteIlO-Guard for Mrs.
Stuard-News of Courts.

The trial of Joseph spaulding. colored
for the murder of Raphael Competello on
East Washington street on July 30 was con-
cluded I'm the Criminal Court room yester-
day afternoon by the brief instructions of
Judge Afford to the jury at 4:45 o'clock.
Judge Afford in his instructions defined the
legal meaning of malice to the jurors, told
them of the laws definitions of the three
degrees of murder and of manslaughter
and the punishment attached to conviction
under either. He advised the jurors to try
the case impartially and to remember that
the law presumes a man innocent until he
is proven guilty. and advised the jurors to
have conscientious belief in the guilt of
Spaulding before rendering a verdict of
guilty. He handed the verdict slips to the
jury and the twelve men who hold the fate
of Spaulding in their hands walked out to
the Jury room at o'clock to consider the
case and award punishment to him If he
is found guilty of the killing of Competello:
During the morning session of the court
the defense concluded the testimony sub
mitted in justification of the plea of self
defense instituted by Spaulding at the be-
ginning of the trial. 1t was attempted by
the counsel for the defense to show that
Spaulding and Eugene McGinniss, who was
Jointly indicted with him for the murder,
tried to avoid trouble with the two Italians
before the cutting. and that the Italians
were dru/ol and Quarrelsome and provoked
the quarrel which ended with Competello' s
death In trying to prove this relatives and
friends of Spaulding, eyewitnesses of the
cutting and witnesses who had seen all of
the participants shortly before and after
the murder were on the stand to testify to
Spaulding's anxiety to keep out of the
trouble and of his defense of the attack
on him which caused Competello's death.
Several of the witnesses put on the stand
by the defense were questioned as to their
Prosecutor RuCkolSnauS
witnesses as to their character put on the
stand in rebuttal. One Of the witnesses
Lizzie Spaulding, a sister to the accused
man, and who was with him when the row
occurred, was proved to be OF immoral
1t was nearly IL o'clock when Prosecutor
Ruckelshaus made the opening statement
of the prosecution and told of the crime
its causes and enormlty. he told the jury
that murders of this sort are becoming so
frequent in Indianapolis that something
should be done to stop their increase. He
said that Spaulding was guilty of the crime
and no plea of self-defense seemed possible
when the evidence was considered.
Mr. Ruckelshaus was followed by Lynn
B. Hay and Frank McCray, attorneys for
the defense, who argued for two hours and
a half in defense of their client. Mr.. Nc
Cray in his argument maintained that the
Italians were very drunk and that the kill
ing of one was the result of their hunt for
trouble on East Washington street during
the night of the murder. He said Spaulding
was a young man who did not realize the
enormity of his offense at the time and
killed Competello only to defend his own
life, which was In jeopardy because of the
Italians deadly assault him.
Eugene McGinniss, the other negro i'm
plicated in the murder. will be tried on
Thursday probably or as soon thereafter
as venire of talesmen can be made. Nc
Ginniss will be defended, as was Spaulding,
by attorneys hired by Marion county and
designated by Judge Afford.