The Indianapolis journal., 1904-05-27
ARGUMENTS COMPLETED
JURY WILL RECEIVE THE
GILLESPIE CASE TO-DAY.
Forceful Speech of Thomas Shay
for the Defense, Setting Forth
the Evidence of DR.. He'll.
SPAAN FLAYS OPPOSITION
indianapolis Attorney Runs Much
to Vituperative Characterization
of Brother Lawyers.
sPAAN FLAYS OPPOSITION
special TO the Indianapolis Journal.

Special to the Indianapolis Journal.
RISING SUN, Ind, May 26.-The argu-
ments in the Gillespie case are finished and
in the morning Judge George E. Downey
will charge the jury. By 10 o'clock the
fate of the defendants will be under con-
sideration by the twelve men charged with
that duty.
The opening of the days proceedings was
marked by stern warning by Judge Dow
ney to the spectators. The court said that
II had come to his ears that there was a
possibility of a demonstration in the court
room at the end of arguments, and he
warned those present that If there was the
slightest disorder the sheriff has been in
structed to make arrests.
Attorney Thomas Shay, of Cincinnati
made the closing speech for the defense,
speaking from s till II o'clock. He spoke
in line with the arguments of the other at
torneys representing the defendants, and
branded as false every statement made by
witnesses for the state. He earnestly in
sisted on the innocence OF his clients. He
made beautiful and touching allusions to
the military record of DR.. Gillespie, ST., now
dead, and made "A special plea for the ac-
quittal of Myron and Carrie Barbour. Sew
eral times he alluded In language more
forcible than elegant to the attorneys for
the state, and especially warned the jury
against the eloquence and skill OF Henry
n. Spaan, whom he characterized as THE
man who came here with the hangman's s
moose.
Mr.. Shay's strongest point of argument
cussion of the testimony of Dr. A. B. He'll.
of Cincinnati, the former army surgeon,
and a firearm expert. He asked the jury to
weigh well the testimony OF this witness:
who, he said, because of his knowledge had
been selected by the government to most
important work. He then brought in refer
ence to Dewey's victory at Manila bay and
said: 1T Is men with knowledge such as Is
possessed by DR.. He'll who make such vic
tories possible. The men who know to ex-
actness the possibilities of execution Of
arms and ordnance. He has declared his
belief, from the conditions as he found
them that sixteen-gauge shotgun was not
the weapon of Elizabeth Gillespies DEATH.
The crowds which have been present at
the trial heretofore were nothing COM
pared to that present this afternoon and
evening to hear Mr.. Spaan. His address
was begun at ! O'Clock, continued to 8. and
then court adjourned until :. when he be-
10 o'clock Never before In the history OF
the county has such speech been made
and TO so large a crowd. In the most
dramatic and forceful manner Mr., Spaan
dissected the alibi attempted by the defense
and established. by thirty-two reasons, the
theory of the prosecution that James
Glespie tMn sizter tsabeh the ae eharEed
Myron Barbour with guilty knowledge of
the murder and the concealment of evil
dence OF the crime; that Carrie Barbour
and Belle Seward were equally guilty OF
knowledge. He characterized Attorney
Shay as a police court lawyer, of Cincin-
natl, who. IL he lived a million years. would
never reach the dignity of a lawyer on
the plane on which stood Harry r. Nc
Mullen and the speaker. wnom Shay had
called the "bloodthirsty prosecutors. He
said Congressman Griffith had acted the
part of gentleman throughout the case.
and he had no fight with him. He alluded
TO Captain Coles 1.-The Nestor of the bar
of southeastern Indiana" and compliment
ed Marcus Sulzer as a lawyer of ability.
Mr. Spaan's denunciation of the defend
ants. their conduct on the night of the muir
der, their failure To visit the murdered girl
and her grief-stricken mother. their failure
to make any effort 10 find out the murderer,
the employment of counsel for James Gill
lespic before he was even indicted; all this
and more, he declared. should be- proof to
the jury beyond a doubt. that the defend
ants We're guilty of the horrible crime.
During the scathing arraignment of the
Giliespies IL observed that by the
courts direction bailiff took seat very
near 10 James Gillespie and his brother.
DR. VIII Gillespie. but neither showed any
sign of perturbation.
The speech of Attorney Spaan is regarded
CONTINUED ON PAGE 3, COL u