The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-30
JURY IS DISCHARGED,
GILLESPIE IS HELD IN
THE RISING SUN JAIL
Five Men Voted for Conviction
and Seven Jurors Stood for
Acquittal.
EXPECTS TO GIVE BOND
James Gillespie Believes He VIII
Be Benefited by Habeas Corpus
Proceedings.
NO TROUBLE IS FEARED
Dissatisfaction with Action OF Jury
Not Likely to Cause Any At
temptS at Violence.
} TROUBLE IS FEARED
Journal.

Special to TIE Indianapolis Journal
RISING sun. Ind. May 29.-After delib-
Grating forty-two hours without coming 10
an agreement at 1890 O'Clock this morning
the jury in the Gillespie murder case was
discharged by Judge Downey. When the
jury was brought into the courtroom Judge
Downey asked the jurors whether there
was any probability OF the ;urors agree
ing on a verdict and each one of the
twelve men shook his head in the negative
Judge Downey then thanked them and dis
missed them from further service.
The jury it is said. stood seven for ac-
quittal and FIVE for conviction. The five
who. il is said. stood for conviction of
each of the defendants are: Spencer
Thompson. Hugh French Albert Pate, VIII
liam Ward and David n. Bailey. The seven
said to have held out for acquittal are:
Martin Scranton, Samuel Campbell. David
Gibson. William ]. Spaulding. Ira Powell.
George Rieman and ]. p. Hannah.
The bonds of Belle Seward. Carrie Bar
bour and Myron Barbour were continued
and James Gillespie was remanded 10 the
county Jail. Prosecutor McMullen said that
the state would oppose any effort on the
part of the defense TO release James Gil
lespe and stated that the case would come
up again next September. At the present
time the four defendants are in the same
position as they were before the trial be-
gan. as the bonds of those released from
custody are continuous. Whether or not
the defense will elect TO be tried separate
ly or jointly as on this trial. the future
will determine.
1t is said that a motion will be made be-
fore Judge Downey TO release James Gil
lespie from custody and declare him ac-
quilted. In the event that this motion is
overruled the defense will ask that James
Gillespie be admitted TO bail with the other
three defendants, Mr.. and Mrs. Barbour
and Mrs. Seward, who were indicted with
him. Should the writ of habeas corpus be
denied by Judge Downey the matter will
be taken TO the Supreme Court OF the State.
The action of the jury in the recent trial
has been the subject of conversation ever
since the jury reported Almost universal
dissatisfaction is expressed. 1t was stated
by one of the jurors who was for conviction
that the seven members of the panel who
voted for acquittal refused at all times to
vote on the guilt or the innocence of the
defendants separately. but all balloting
was as TO the guilt or innocence of the de-
PENDANTS jointly. 1t was also stated that
they refused to consider the signed state
ments of James Gillespie made before the
grand jury, claiming that 1t not evi-
dence.
The feeling against James Gillespie is
still very bitter and outspoken. The de-
PENDANTS are greatly disappointed at the
result, they confidently expected an
acquittal to-day.
James Gillespie stated TO Sheriff Rump
this evening that within thirty days no
would be free man. The report that Au-
gust GrieVe. a special venire Juror i'm this
case, who was excused from service, had
hanged himself is not true. Mr.. Grieve is
very sick, but not a result of this trial
as stated.
report about noon to-day. the church serv-
ices were neglected. especially by the men.
Judge Downey returned home this after
noon, and will commence a term of the
Dearborn Circuit Court tomorrow.
Rising Sun is quiet tonight, and no
trouble is anticipated.