The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-17
He Was One of the Attorneys I'm the
Conspiracy Case and Recalls
Scenes of the Trial.
GEN. sP0oNER NOT INTERESTED
ENTIRE JURY DISMISSED AT THOMAS
A. HENDRICKS's REQUEST.
Judge Gresham, Mr.. Smith Says, Then
Selected the Panel - Dramatic
Scene I'm Federal Court.

Former Attorney General Aionzo Green
Smith takes issue with Addison c. Harris
as to the dramatis personae and incidents
in the famous Jennings county conspiracy
case, and says that Gen. Ben Spooner was
in no way connected with the case. Mr..
Smith was one of the attorneys for the
defendants in the case and says that he is
sure of his version of the affair, because
he has on several occasions written a de-
tailed history of it for publication in va
rious newspapers.
General Spooners son is right when he
says that his father had nothing to do with
the case" said Mr.. Smith last night. Il
do not like to contradict Mr.. Harris. but
his memory is certainly at fault.
1.-THE case was entitled the United States
VS.. Henry Wrape ct al, and there were
some fifteen defendants. who were indicted
in the United States District Court. Judge
Gresham was the judge of the court. w.
w. Dudley was United States marshal for
the district Of Indiana Harry c. Adams
was the court marshal, 1 think, but am
not positive on that point. w. p. Fishback
was the clerk Of the court. General Trus-
Ter was United States district attorney and
Major Holstein was assistant United States
rison and David Overmyer were special
counsel for the Government. The attorneys
for the defense were Governor Hendricks,
Senator David Turpie, Jason b. Brown and
myself
THIRTY-SIX MEN SUMMONED.
There were summoned by the United
States marshal-there was no jury commits
sioner at that time-thirty-six men from
different parts of Indiana to try the de-
PENDANTS. OF the thirty-six, three were
Democrats. 1t was shown in the investiga-
ton that the entire panel, with the ex-
ception Of the three Democratic members,
had been selected by the Republican State
central committee. When the case was
called and twelve men were put in the
jury box Governor Hendricks examined
! them as to their qualifications to try the
defendants. all of whom were Democrats.
indicted on a political charge Many Of
the jurors were deputy postmasters. many
were members of county Republican COM
mittees. and a few were county chairmen.
We urged all the objections we had to
urge for peremptory challenges and we re-
moved as many as We were allowed by
peremptory challenges. When we had ex-
hausted our challenges every man on the
jury was a Republican except one, who
was q Greenbacker' and a sick man at
that. Every one of the eleven Republicans
swore he knew nothing about the case and
was competent TO try the defendants. Gov
ernor Hendricks asked for time for con-
sultation, which Judge Gresham granted,
and the attorneys tor the defense withdrew
to Major Holsteins room. When we got
in there Governor Hendricks said: IF that
Jury trys these defendants every one of
them will be found guilty He asked If
any of us had any suggestions to offer.
suggested that Governor Hendricks go be-
fore Judge Gresham and ask that the en-
tire panel be dismissed.
-solr
the suggestion, but finally put il 20 a vote
| and Brown and Senator Turpie voted with
me for 1t. We returned to the courtroom
| and when Judge Gresham asked If we had
| any further objections to the jury as IL
| then stood Governor Hendricks arose and
asked that the entire panel be discharged,
| stating that the panel had been summoned
| for the express purpose of securing jury
| that would convict the defendants.
DRAMATIC SCENE.
1.-THE scene that followed was one of the
| most dramatic and most sensational that
ever occurred in a court in this State. Gen.
eral Harrison took the floor and spoke for
almost half day. in spite of Judge
| Gresham's efforts to have him seated. In
the end Judge Gresham sustained Cover
| nor Hendricks motion and recall that he
scored the members Of the jury severely in
dismissing them. General Harrison then
| asked that the clerk be instructed to draw
another panel, but the Judge said that
| should not be done. Instead, he himself
/ wrote out a list of thirty-six names. half
| Of them Democrats and half Republicans.
and ordered that they be summoned. Then
| he stated that the jury. finally selected.
/ should consist of six Republicans and six
| Democrats, and in the end that was done
'Te is not necessary to go into all the
| details of the case, but the whole affair."
although ii happened almost twenty-five
| wears ago is as fresh in my mind as though
| il had transpired but yesterday. 1 know
! that General Spooner had nothing to do
with the case, and the court records bear
me out for I had them investigated but
|