The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-10
JURORS HESITATE WHEN
WOMEN MAY Be HANGED
Ohio County Mems Opposition to
Capital Punishment Delays
Gillespie Trial.
JURY NOT YET COMPLETE
Two Important Witnesses in Muir
der Case Are Missing from
Rising Sun.
Special to the Indianapolis Journal.

Special TO the Indianapolis Journal.
RISING SUN. Ind. May 9.-The trial of
the famous Gillespie murder case is now
under way. Court convened at 9 o'clock
this morning. and each side stated that it
was ready for trial. Prosecuting Attorney
Theodore j. Wilbur, Harry r. McMulen.
Cassfus W. McMullen and Henry M Spaan
represent the state, and the defendants are
represented by Attorneys Francis M. Grif-
nth, OF Vevay, Ind. and John r. Coles and
his daughter, Miss Cynthia Coles. of this
city. 1t is currently reported that a prom
inent criminal attorney of Cincinnati. q
will be added to the defense tomorrow.
The entire day was taken up in the exam
ination of jurors
When court adjourned tonight the fol-
lowing eleven jurors had been accepted:
George Hanna, Jacob Meyers. J. ID
French, W. j. Powell, Albert Pate David
Bailey. David B. Gibson, Ira Peasly. George
Reman. James Elder, jr and James HuI-
bert. All are farmers, residing i'm Ohio
county, except Hubert, who is a lumber
man. Having exhausted the special venire
of fifty, as well as the regular iurv of
twelve. another special venire of thirty
names was issued. AS some of the eleven
now in the box are subject to chaIlanoa
II is thought that the jury will not be com
pleted In time for the beginning of testi-
mony until tomorrow afternoon. OF the
ffty-one excused from jury duty fo-dav
most or them were opposed to hanging
women, and twenty OF them to capital pun
lshment for either men women
TWO important witnesses for the state
are absent Robert Gillespie, a brother of
the defendant. left over week ago and is
he is going to California The prosecu-
ton states that 1t would prove by him
that the defendant had threatened his sis
ter repeatedly. Another important witness
is George Grace. of Cincinnati. who has
recently secured position in Pittsburg
Grace formerly resided in Rising Sun and
was a friend of the defendant. 1t is
thought that Grace will yet be secured To
testify. AS il has been decided to trv ali
of the four defendants together much diff
ficulty is experienced in getting a Jury
Two of the defendants are women and
most of those examined to-day were on
posed to hanging women.
The defendants were present in court all
day. James Gillespie appeared to take
greater interest in the proceedings than
either of the other defendants He is
bright and cheerful and says to his friends
that he has no fear but that he, as well as
his co-defendants. will be acquitted Of the
crime for which they are being tried
While there has been no testimony as vet
the general feeling is that a conviction will
be secured or the jury will fail to agree
1t is said the State has secured some
very damaging evidence. and on tho other
hand, 1T is reported that the DEFENDANTS
evidence has been greatly strengthened re-
Gently.
Judge Downey is using every precaution
to have fair and impartial trial of the
case. The Jurors are not permitted TO SEN
arate or talk together about the case or -
others. and are kept under the watchfuI
care OF trusted bailiffs constantly The deer
interest In the case, which was somewhat
allayed, has again been brought to the
front, and large crowds are present during
the trial.