The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-15
Judge Bailey Called the Jurors at q
O'Clock in the Afternoon, but
Would Not Discharge Them.
WILL WAIT TILL 10 A. M. TO-DAY
JUROR WHITE BRAvELY HOLDING
UP, ALTHOUGH ILL.
Bailif Mendenhalrs Young Son IL
Also Very Sfck-Foreman Says
There Can Be No Verdict.

The jury which is to decide whether Dr.
Joseph c. Alexander will be sent to the
Indiana Penitentiary as convicted ac-
complice of the ghoul band headed by Rufus
Cantrell, or that he Is man accused Of
completely with the negroes wrongfully. has
failed to come to an agreement, and in
all likelihood will be discharged this morn
ing. Judge Bailey announced to the jurors
at 5:15 o'clock yesterday evening that they
would be returned to their jury room and
must proceed with the consideration of the
case until agreement is reached. After
the jury had retired Judge Bailey said that
he would call the jury into court again this
morning at 10 o'clock, and If decision had
not been reached by that time he would
PROBABLY discharge the men.
At 1:3O o'clock yesterday afternoon one
of the jurymen told Bailiff Mendenhall that
an agreement was remote as it was after
the first ballot had been taken, and asked
that the fact be communicated to the court
Mendenhall informed Judge Bailey of the
status of affairs and was instructed to
inform the defendant, his attorneys and the
prosecutor to appear in court at o'clock
and to call the jury from it's room at that
time.
ASSEMBLED AT O'CLOCK.
At o'clock DR.. Alexander. with his at
torneys, Martin Hugg and Henry N. Spaan,
entered the room. Deputy Prosecutor
Charles Benedict and John Spahr, one of
Alexanders attorneys. came into court
shortly afterward and were followed little
later by Judge Bailey, who took his seat on
the bench without removing his overcoat
Or
stairs at 5:15 o'clock The men had the ap-
pearanoe of being nearly exhausted. All
of the jurors were worn and haggard, their
hair and faces unkempt and many of them
with boards of three or four days growth
that did not add to their beauty. James d.
White, the juror who was stricken with
night, walked to the jury box slowly and
.unsteadily, and his pale face evidenced his
poor physical condition. White passed a
good night. but all OF yesterday complained
of the close air Of the jury room, and has
only prevented complete collapse by his oe-
termination to not cause a second trial OF
the case by his indisposition. DIR. Baker
visited the juror during the day and gave
him medicines and cautioned him to not
engage in any heated arguments with the
Jurors Most of the day he voted his opin-
ion from his couch, and in Difference to his
condition the jurors refrained from loud
discussion of the evidence.
When the jury had taken its seat a crowd
of one hundred lawyers, newspaper report
~.
police and deputy sheriffs were I'm the room
The general crowd was excluded from the
courtroom as o'clock Is the closing hour
of all the courts and the doors had been
locked
FAR FROM A VERDICT.
gentlemen, have you agreed upon a ver-
dict?" asked Judge Bailey.
I'VE have not" answered William H.
Gimble, the foreman of the jury. From
the present indications ii is improbable
that we will agree on a verdict, your
Honor
..Then you will have to return to your
Jury ROOM gentlemen replied the judge.
to the astonishment of all in the court
room as it was thought that he would dis
charge the jury after Gimble's statement
Joseph Theising arose from his seat I'm the
Jury box and asked for additional instruc-
tions.
..There are one or two things the jurv
would like to have more Instructions on :,
he said II think the jury would prefer
fo receive some more instructions"
Judge Bailey inquired if this were true of
All the jurors, and several prepared to
answer, but Foreman Girnble arose and
said:
thoroughly and instructions would not haln