The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-14

turbing graves. stealing corpses and of all
persons aiding in the concealment OF
corpses so stolen in Marion county.
81 charge you that IL the evidence shows
to you that any person or persons nave
counseled, encouraged, hired or command
ed or otherwise procured graves TO be dis
turbed corpses to be stolen or concealed or
aided in the concealment of any corpse,
they should be indicted and charged as
principals in said crime.
Il instruct you that you should indict no
man on mere suspicion alone. The law pre-
sumes every man innocent until he is
proven guilty beyond reasonable doubt. l
do not mean that you shall be satisfied of
his guilt beyond a reasonable doubt before
voting to indct, for II there is In your mind
from the evidence strong probability of
conviction you should indict. No man
should be indicted without evidence. and
then ask or expect this court TO compel
such person to show that he is not guilty.
and to show who is; that is not the law
now and would not be the law upon the
trial of said case before this court.
SHOWS 50 bas
aged, hired or commanded or otherwise
procured any of the crimes above men,
toned to be committed. and all persons
committing said crimes; this will be your
full duty, and then leave the responsibility
of their conviction to this court and the
prosecuting attorney of this court and the
petit jury of this court.
mo man should escape indictment by
reason of his good reputation and standing
in this community. One may be guilty of
Il
graves disturbed or the corpses stolen. 1t
| is sufficient If the evidence shows that he
| counseled. encouraged. hired. commanded
or in any manner procured the crime to be
| committed. In law he is principal.
IF you have evidence showing that any
| manager. watchman or guard in any
cemetery or burying grounds has know
| ingly and purposely absented himself from
| his post of duty to enable any person to
commit said crime, he should be indicted
| as principal TO said crime.
iS cd N
| ing that after a commission of said crime
any person with knowledge of the COM
mission of said crimes by others gave aid
| or in any manner have done acts to con-
ceal the crime and 20 prevent the arrest
and conviction of the principals, he should
be indicted as an accessory after the fact
| to the crime committed by the principal
| Believing you will be fair and just to
| all persons charged with this crime, / also
| charge you that you must be equally just
TO the people of this county. Believing
| you. as law-abiding citizens, will do your
| full duty, and that the prosecutor of this
| county Will do all in his power to aid you.
L now leave this investigation with YOU"
The grand jury began its investigation
with the testimony of Detectives Asch and
Manning; They told the complete story
| of their investigation of the cases and the
made.
Rufus Cantrell who confessed to robbing
graves and implicated the others, will be
| before the grand jury this morning. 1t is
expected that his examination will last
| at least half day and perhaps all day
Then the other negroes held will be
| brought before the grand jury. Follow
| ing them, DR.. j. c. Alexander and DR.. F.
| Nj. Wright, who are charged with direct
ing the grave robbers. will be summoned,
| and then the additional testimony of others
| implicated or supposed to be connected
| directly or indirectly with the robberies
| will be heard
| Cass Connaway, attorney for Cantrell.
| Isham Donnel, Walter Daniel and Sam
| Martin, said he wanted his clients to be
| witnesses against the other men, He said
| had 1T not been for them there would have
been little TO investigate, and he wants
| them to make a clean breast" of every
| thing. He said he had assured his clients
that nothing could save them from the
penitentiary and all they could do was to
| try and get the minimum sentence.
The members of the grand jury are:
Peter Bank, Wayne township; William J..
! Schliecher, Warren township; Talbot r.
| Moore. Pike township; John Schley, James
w. Chaplin and Charles Kahl, Indian
apOliS.