The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-16
Instructed by Judge Baker to Hand in
Their Decision at 8 O'Clock
This Morning.
CHARACTER OF INSTRUCTIONS
BOTH SIDES LOOK UPON THEM AS
BEING IMPARTIAL.
Attorney Hndley Arraigns Jennings
in His Argument and Attorney
Rocker Replies for Plaintiff.

The Jennings damage suit, which has
been on trial in the Federal Court for over
two weeks. went to the jury at 3:l5 yester-
day afternoon and it is believed the jury
arrived at a verdict last night. Judge
Baker gave the Jurors instructions that
should they reach a verdict it was to be
sealed and returned to the court at 8
o'clock this morning. The outcome of the
case will not be known until that time, al
though it is believed that the jury took a
ballot before o'clock yesterday afternoon,
and this rumor gave the defense much en-
couragement 1t is necessary for the jury
to return a verdict for at least $500 dam
ages before the costs of the case can be
assessed against the defendants, and if
this is not done Jennings will have to pay
the costs. which will aggregate in the
neighborhood of $1,000.
The instructions given to the jury by
Judge Baker at the conclusion of the ar
gument yesterday afternon were considered
fair by the attorneys of both sides. Judge
Baker made no recommendations to the
jury and did not instruct it to find for
either the defendants or the plaintiff, but
told the jurors to consider the evidence
and render a verdict accordingly. The
court said the case took very wide range
and for many days many different charges
were considered. Finally, however all of
the charges were eliminated and only one
remained for the jury to consider, and that
was the alleged assault on Jennings on
the night Of JAN 80, 1900.
SPIRIT OF INSTRUCTIONS.
Judge Baker called attention to the in
H. he
the plaintiffs case when he said there had
not been sufficient evidence against certain
defendants and that they should be dis
missed and only those who had been
charged with being implicated with the
alleged assault should be considered in
the case.
Judge Baker also called attention to the
general character of all the parties in the
case He said the burden rested upon the
plaintiff to establish two or more of
the defendants the fact that they did COM
bine for the purpose of doing things as
alleged in the twentieth paragraph of the
complaint. He pointed out that it was
necessary for the jury to determine on a
preponderance of the evidence that two or
more of the defendants entered into a con-
federacy as charged before a verdict could
be rendered for the plaintiff. He said there
was no evidence of conspiracy to be
considered except as TO the meeting at
Monaugh's on the afternoon of Jan. 30.
and on the same evening at Smiths under
taking establishment. He said the Jury
should consider the purpose of these meet
inps and whether not a conspiracy was
formed and the scope of the understand
ing as to what was to be done by those who
attended the meeting.
The court said il was not necessary for
the plaintiff to prove that there was n CON
sniracy but the jury should determine that
noint in awarding damages. He said the
nlaintiff would be entitled to recover dam
ages II the evidence showed that the do
PENDANTS formed conspiracy and as
saulted the plaintiff alleged. He said n
was the duty OF the jury to consider Ali
the evidence and determine which defend
ants were guilty of inficting personal vio-
lence on the plaintiff. The court also called
the iury's attention 10 the weighing OF evi-
dence and said IL had the right to Consider
the intelligence candor and interest or want
OF interest of the witnesses in the case He
said the defendants are parties 10 the srit
and are directly interested. He also called
the jurys attention to the fact that len
nings, his wife and his son were also dj
rectly interested in the result of the ca Sc
The court said that the jury had a right
to consider the moral character of len
nings as disclosed by the evidence and his
reputation for truth and veracity .'If you
believe the evidence shows that Jennings
had bad moral character and his reputa-