The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-21
SCATTERING POWERS OF
GUN CHARGES EXPLAINED
TO THE GILLESPIE JURY
Brother of Chief Defendant Details
Experiments to Show James's
Gun Was Not Used.
ADMITTED AS EVIDENCE
But the Court Rules Out Testi-
mony Concerning a Shell, to the
Discontinue of Defense.
LONG YEARS OF DISCORD
Family Troubles Narrated by DR..
Will Gillespie-Many Guns
Taken Into Court.
OMITTED AS EVIDENCE
LONG YEARS OF DISCORD
special to the indianapolis Journal.

Special 10 the Indianapolis Journal.
RISING Sun, Ind, May 20-For a good
part of the day the courtroom where the
Gillespie case is on trial had the appearance
OF a small arsenal ShOtguns Of single and
double barrels breech and muzzle-loaders
old musket and old-time hintlock
horse pistol with a history back TO the rev.
oIution were conspicuous features. A num-
Der of targets showing the shot perforations
and spread Of shot also were used by the
defense I'm the effort 10 prove that 1t was
not James Gillespie's 16-gauge gun that
killed Elizabeth Gillespie.
II was shown that number Of expert
ments had been made by DR.. VIII Gillespie,
Earl Seward and Thomas Bedgood to DEM
onstrate that charge of shot fired at close
range through glass from choke-bore
gun would not scatter shot, as was shown
TO have been the case when Elizabeth was
assasslnated. The court permitted the ex-
periments to be shown for what they are
worth. to be determined by the Jury. but
with the express understanding that the
experiments as made were not with James
GiIlespie's gun. nor under the same circum-
stances nor at the place where the shoot
ing OF Elizabeth took place.
Two targets had been placed to repre-
sent the height of Elizabeth Gilespe's head
when she was shot, and of the shot
area on the west wall. The distance be-
tween these targets was also the same
between Miss Gillespies head and the wall.
BY firing a gun like James Gillespies gun
ne found the shot at the first target scat
tered seven inches and at the
ond target nine and one-half inches.
A musket scattered IA inches and 24%
inches. An old horse pistol-l6-gauge-B
inches and 24lz inches. while the shot from
the murderer's gun scattered 301a inches on
the west wall. equivalent 10 the second tar
get From this the witness concluded that
James Gillespie's gun could not have been
the weapon used in killing Elizabeth Gill
lespie.
LONG FAMILY QUARREL.
DR.. Gillespie detailed the names and mem
bers Of his fathers family, from the death
- Of the elder Gillespie In 1891. He stated
that Elizabeth was not on speaking terms
with any member of the family except her
mother for over four years past; with
some she had not conversed for ten years
He detailed the matter of the will of his
father, in which all the property was CIV
en- to his mother. and said that an agree
ment was entered into, verbally, by which,
at the death of the mother, each OF the
children to receive equal portion of
the remaining estate, tnat one son, ftOD-
ert, had by conveyance OF the widow and
heirs. already received his portion and re-
leased the estate from further claim
He told OF receiving telephone message
from Morris j. Seward. of this city, on
the night OF the shooting, informing him
OF the fact. and OF his immediate visit to
the old home. arriving here about IL o'clock
Witness said that the next day after
the shooting occurred he was informed by
Acting Prosecutor Rodman L. DAVIS that
the grand jury had specially convened for
the purpose OF indicting his brother James
for the murder of Elizabeth; that he at
once and before the death of his sister en-
ployed Captain Coles to defend James; that
later. when indictments were returned
against the defendants. he then employed
counsel for Belle Seward and t-e Barbours
He stated. in explanation of the reason
why James did not go over to see Eliza
funeral. that witness advised his brother
that they were already trying TO fasten
and he nhouId n noa expose s and subject him.
self 10 public gaze at public funeral, or
visit his sister"
VICTIMS CONDITION.
Witness detailed the condition in which
he found Elizabeth when he arrived at
her home; one side was paralyzed, heart
action was bad and breathing was labored.
He declared that the street lights in the
vicinity were burning brightly and threw
strong light past the Barbour house
Witness laid stress on the fact that the
Seward gate latch is broken and does not
click when closed. but that the Barbour
gate. OF similar pattern. has a decided
click. He also stated that the Seward
gate says and has worn crease In the
cement. where IL opens and turns. AS "a
this statement of the gates clicking the
witness was later corroborated by other
witnesses.
Seward. was not able TO attend the funeral
OF Elizabeth. owing TO sickness. and that
his mother so understood il. and was salts
fed that IL was best for her TO not try. to
attend II was shown by this witness that
Elizabeth Gillespie did not attend the
funeral of her broher-in-law William r.
Seward. nor that OF the child of DR. viii
Gillespie. a few years ago. although in
town and on the streets during the funerals
Mrs. S. A. Bum and her daughter. Miss
Georgia Bunn relatives OF a near neighboI
to the defendants. each testified To hearing
the shot. and. going to the door few
minutes after. saw people across the street
At the Gillespie home. II was light enough
they said. 10 discern who they were. Oh
cross-examinaticn by Mr.! Spaan the weight
OF the testimony given by Mrs. Bum wa:
greatly lightened.
Earl Seward a son of Mrs. Belle Seward
denied that Myron Barbour made the state
ment testified TO by Auditor James w. Cor
said: He ought not TO have shot; h'
should have had pity for poor old grand
mother"
Earl SAID he had no recollection of Bar
bour making any statement whatever. anI
that he did not say what Corson claims h,
did This witness. Earl. stated that he ans
Elizabeth had not spoken 10 each other fo
ten years before her death. Cross-exam
med. witness admitted that no effort wa
made by himself. his mother. James Giles
pie nor the Barbours TO find out who has
sho: Elizabeth no message was sent TO fine
out now she was. and that they simpl,
wondered how she was" and all went I,
bed at o'clock. Witness said he slep
soundly. but dlu not know how the others
James and his mother. slept.
CROWD WAS UNRULY.
The cross-examination of this witness b,
Attorney Spann for the state was received
by the audience in such a spirit that a
times IL was somewhat difficult for tn,
bailffs to preserve good order.
DR. A. b. Heyl. of Cincinnati formerl,
of he United States army. was called as al
expert In gunnery. lie added little TO tina
already known.
Clyde Bsasey. the town lamplghter ties
titled TO sceres on the night of the murder
but wcs unable TO state whether "a yellow
ls-gauge shell had been found In the ale,
CONTINUED ON PAGE 3. COL. H.