The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-16
The Episode i'm Question Was the Be-
ginning of the Harrison
Gresham Feud.
DURBIN FOREMAN OF THE JURY
HE AGREES WITH MIR. HARRIS CON-
CERNING THE FACTS.
Grows Out Of n Dramatic
dent in Lynchehaun Trial.

The famous Jennings county conspiracy
case, tried in the Federal Court in this
city in the 70's, out Of which arose the
strained relations between Gen. Benjamin
Harrison and Walter O. Gresham, was re-
called by the Hon. Addison c. Harris dur
ing his notable argument Oct. 13. last,
in defense of James Lynchehaun. Mr..
Harris related in his powerful manner a
remarkable incident which happened at
the beginning of the trial Of this case. In
the Journal of Oct. IA, the dramatic story
told by Mr. Harris was printed Quoting
from Mr.. Harris's speech, the Journal said:
II remember very distinctly" said Mr..
Harris, that Benjamin Harrison, then the
leader of our bar, and afterwards the ledoer
of the bar of the world, was employed 10
prosecute the cases in connection with the
regular prosecutor, Gen. Tom Browne.
Governor Hendricks was the counsel for the
defense. After the jury had been impan-
eled General Harrison asked Governor Hen
bricks If there was any objection TO the
jury as it stood. No. replied Governor
Hendricks, in that famous attitude we re.
member so well. AS L take ii the result or
the case Is a foregone conclusion
1.-The eyes of General Gresham, who was
on the bench, flashed fire. What, sir, 90
Simply said Governor Hendricks. that
my clients are Democrats and that the COM
position of this jury is ten Republicans and
two Democrats
General Gresham turned to that dis
tinguished old veteran, General Spooner,
who was serving clerk of the court.
How did you impanel this jury? he asked
Your Honor, replied General Spooner.
instantly. L knew that this is political
case. Consequently L took measures that
the majority of the juryman. should be- men
who would uphold the government, ,,ts
heat. Sir he said to General Spooner,
you are discharged for the purpose OF this
court: You have proved recreant to your
duty He called upon baflin to procure
another venire and to secure an impanel-
ment at once. When that was done General
Gresham said with the utmost impressive
ness, Il will never have 1t said that man
accused sof political crime cannot get a
fair trial in any court over which l have
the honor to preside.
RESENTED BY SPOONER.
The article was read by s. H. Spooner.
of Ft. Worth, Tex, a son Of General
Spooner. The son of the former marshal Of
the Federal Court in a communication to
the Journal resents Mr.. Harris's remarks
so far as they bore upon the conduct Of his
father, and says:
I'm your issue of Oct. IA, under the cap
ton, Told Dramatic Story; Famous Case
Recalled by Addison c. Harris; Packing a
Jury for Political Purposes etc., you pub
lished a story told by Mr.. Harris in, his
argument in the Lynchehaun case before
Mr.. Charles w. Moores, United States COM
missioner, which is a gross reflection upon
my father and which Is erroneous In Its
statements.
''The case referred to by Mr.. Harris was
the case of the United States VS.. Henry
Wrape ct al. for violation Of the federal
election law and was called the Jennings
county conspiracy case The trial OF this
that time Maj. Charles l.. Holstein was
United States district attorney, and not
Gen. Tom Browne. Colonel Dudley was
United States marshal. and not my father.
court, and my father had no connection
with the court and was not clerk. Judge
rage in that case over the impaneling of
the jury and did not reflect upon my
father, first, because no such incident oc-
CURED in the impaneling Of the jury In
for the whitehead rage of Judge Gres-
ham so graphically described by Mr.. Har-
ris, and, second, because my father had
nothing whatever to do with the impanel-
ing of the jury or with the court when that
case was tried. If the words put in Judge
Gresham's mouth by Mr.: Harris had been
uttered, then Mr.. Harris ought to have
known my father well enough to have
known that there would have been some
thing to have added to his dramatic Incl
dent that would have made it even more
dramatic than his imagination has done
Neither Judge Gresham nor any other man
would have made such reflection upon my
father without 1T having been resented as
publicly as the offense was given.
Il challenge the recollection Of the Hon.
w. H. II. Miller, ex-attorney general OF the
United States, who assisted in the prosecu-
ton of this case, and Hon. David Over
myer. who then lived at North Vernon
Ind, and who is now a distinguished law
yer living at Topeka, Kan, and who as
sisted in the prosecution, and of the Hon
Green Smith, who assisted in the defense
and who, L believe, are the only lawyers
living who participated in that trial, if my
statement is not true that Judge Gresham
did not reflect upon any one because II
happened that the jury. when impaneled In
that case. which grew out of a political
contest, was composed of ten Republicans
and two Democrats.
My fathers services and sacrifices in
two wars and his standing a citizen In
peace, IL seems to me, should at least en-.
title him to respectful treatment. and 1
| therefore. ask that you give to this com
munication the same prominence that yol
| gave TO the article referred to-"
DURBIN FOREMAN OF JURY.
| Discussing the matter. Mr.. Harris sait
last night:
The article in the Journal of Oct IA
| giving the famous incident of the Jenning:
| county conspiracy case as narrated by me
was accurate and a correct quotation o
| my speech. / am perfectly sure that my
| memory IS not at fault in the matter, anC
| that i related the Incident substantial,
as IL occurred. l am positive that Genera
Harrison, General Gresham, General Spoon
er and Governor Hendricks said and did
/ in effect, just what / ascribed to them
MY opinion is reinforced by that O.
| Governor Durbin. Two three days aftei
| the article appeared in the journal I me
| Governor Durbin, and he remarked to m,
almost at once: L read your speech I'm tn.
| Journal with great deal OF interest, Mr.
| Harris, particularly that part pertainins
To the incident of the conspiracy case, be
| cause 1 was foreman of the jury in tina
| case.
II recalled that the Governor had beer
| foreman of that jury. and we discussed
tie incident with a great deal of interest
| The Governor assured me that his recol
| lection OF these points tailed exactly witt
| mine. / do not think there can be an,
| essential error in version of the affair