The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-20
There Were No Quarrels Between
Them, and James NurSed His
Sister When She Was Sick.
BEAR GOOD regulations
Defense Introduces Fifteen Wit
nesseS to Prove the Defendants
to Be Good Citizens.
ANOTHER 16-GAUGE GUN
1t Is Owned by Rising Sun La
borer-A Strange Man Near
the Gillespie Home.
Special to the indianapolis Journal.

Special to the Indianapolis Journal
RISING SUN Ind May 19.-The defense
Of James Gillespie and his codefendants
was formally opened this morning with an
eloquent address TO the jury by Congress
man Francis NJ. Griffith, in which was out
lined the defense that would be made in the
famous murder case. The sum and sub
stance of the statement was that the de-
PENDANTS would prove alibi. and account.
as far as James Gillespie is concerned, for
t4lat fatal five minutes from the time of
the shooting until the appearance of James
at the lattice gate. He also stated that the
whereabouts of each defendant would be
shown at the time the shot was fired. Mr..
Griffith said that many of the statements
OF the Rates witnesses would be disproved
and the credlbilIty of the defendants and
their good regulations shown by numbers
of reliable witnesses. The many features
of the case dwelt on at length. Evi-
dence already before the jury. he said, was
susceptible TO explanation that would rem
der it of more benefit to his clients than to
the prosecution. The defense he said, would
show that strange man was seen lurking
In the Gillespie neighborhood not long be-
fore the shooting OF Elizabeth. and it would
be shown beyond any question that it was
impossible for James Gillespie to have done
the shooting and escaped unseen.
The address was listened to by large
audience and the speaker given close
attention. The defendants expressed much
pleasure at the way in which their side OF
the case. was presented by their attorney.
and exchanged many congratulatory re-
marks during its delivery.
regulations WE'RE GOOD.
The court stated to the attorneys for
the defense that fifteen witnesses would
be permitted to testify as to the reputation
of the defendants. deeming that number
amply sufficient.
Orville j. Harris, hardware dealer; Har-
vey w. Scranton. vice president of the
National Bank of Rising Sun, where Myron
Barbour is employed as assistant cashier
Simon Behmer, president of the National
Bank: r. A. Steele. an undertaken; William
AZ. Green, merchant; Joshua NJ. Spencer
an attorney. and others. each testified that
the general regulations of defendants were
good, although some OF the witnesses had
heard reports OF III treatment of Elizabeth
by james Gillespie. and OF fight James
had with his brother, Robert Gillespie, in
which Robert was badly cut on the leg
with a chisel by James
During the afternoon, and shortly before
adjournment, Margaret Gillespie, the aged
mother of Belle Seward and James Gil
lespie. was placed on the stand Her de-
meanor quiet. and, although quite fee
ble she answered the questions propound-
ed to her with evident sincerity that
carried conviction to all who heard her. She
stated that jim, as she called her son, was
good boy: that he had attended to her
farm for many years, always satisfac
torily TO her. and fully accounted to her for
all moneys received for crops disposed of
She said he had bad ba bits and was a
home boy, that she never knew of
James throwing hot water on Elizabeth
by Jim to his sister Eliza abeth q few years
ago when Elizabeth had a serious spell of
sickness; that she never saw James strike
or choke Elizabeth. Witness said that she
and Elizabeth discovered a strange man in
their yard about year and a half ago:
that he scaled the back fence and escaped
from them.
On cross-examination witness said the
sickness of Elizabeth before mentioned was
about five or six years ago.
ANOTHER 16-GAUGE GUN.
Walter Hoffner. a gunsmith, was ex-
amined as to sixteen-gauge guns in Rising
Sun and vicinity, but failed to give any
satisfactory testimony. and finally Captain
Coles. attorney for defense. who was in
terrogating the witness, asked him if he
really knew what a shotgun was ripple
OF merriment at this question was promptly
checked by the bailiffs.
The state had charged that the expenses
paid from New York. Trouts wrote the
insurance policy of $1,000 for Elizabeth
made payable to her twin brother James
he testified that Elizabeth spoke kindly
OF James and said she wanted to surprise
him.
John w Durbin. a laborer. testified that
ne had sixteen-gauge gun. but that 1T
was at Ms nome under the bed. the night
or the shooting Attorney Spaan asked wit
ness III ne was charged with the shooting
OF Elizabeth Gillespie. and he said he was
not. ~ "A'
Mrs. William Pearce testified to sse,,o =
man whom she did not know standing
near the big sycamore tree at Haines' 5
corner. near Gliiespies. the night before
the shooting. Charles Gibson testified to
almost the same fact. stating that the man
was about loo feet from the corner men
TONED and standing near a small tree
Mr.. Spaan did not deem this evidence of
sufficient importance TO cross-examine at
any length. The defense here stated that
no more or its witnesses were present and
asked an adjournment until morning to get
witnesses in court.
Mrs. Carrie Barbour was not able to walk
TO court this morning and came in n car
riage: the terrible strain is telling on her
more than either of the defendants 60 ia r
as personal appearances are concerned. Mrs
Belle Seward Is looking better and has more
To say TO her friends than for n week pasN
Myron Barbour sits beside his wife and bis
mother. and although taking deep interest in
the proceedings, appears to be deeply in
volved In thought and at times oblivious
To his surroundings.
The attitude and demeanor of lanes
Gillespie has very materially changed since
the court threatened TO have him placed in
irons II he did not behave himself when
under the charge of the sheriff He talks
and laughs as he passes 10 and fro and the
only thing that now seems to offend him
when leaving the courtroom is the large
crowd or curious people anxious 10 get a
look at him. The defense promises some
surprise for the state within the next tav
or Two ana the state promises the defense
testimony held in reserve that will he
astounding"
CAPITAL INCREASED
EOR D0I1RI Il I'd fCI>