The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-26
ONE LAWYER FOR STATE
AND THREE FOR DEFENSE
ARGUE RISING SUN CASE
Large Crowds Listen to Oratory o!
the Day; Defendants Show
Signs of Severe Strain.
MANY PATHETIC SCENES
Mrs. Barbour Breaks Down at
Counsels Allusion to Her Father
and Her Aged Uncle Weeps.
DANGER OF ASSUMPTION
Circumstantial Evidence Fraught
with Peril-Sumn1ary of the
Days Arguments.
MANY PATHETIC SCENES
ANGER OF ASSUMPTION

Special to the indianapolis Journal.
RISING Sun. Ind. May 25.-Arguments
in the Elizabeth Gillespie murder case were
begun this morning. Harry r. McMullen
made the opening speech for the state, fol-
lowed by Captain Coles and Marcus r.
Sulzer for the defense. Large crowds were
in the courtroom and courtyard. The
closest attention was given each speaker
The continuous excitement is beginning
to tell on the four defendants. Myron Bar
bours friends say his hair is rapidly turn
ing gray. James Gillespie is pale from his
long confinement. Mrs. Barbour and Mrs.
Seward enter the final ordeal of their trial
with considerable bravery.
Mr.. McMullen spoke for nearly three
hours and gave forcible and lucid presen-
tation of the case as made out by the
state. He spoke of the motive for the MUIR
der and the strained relations existing be-
tween the victim and the defendants. He
said defendants attorneys would air the
doctrines of reasonable doubt and presump-
ton of innocence, and asked that the jury
give his opponents as good attention as
had been given TO him. He took up the
testimony in detail and argued that every
promise of the opening statement to the
nesses.
Captain Coles followed for defense, and
spoke about one hour. Owing to his re-
cent sickness, there was little of his old
time vigor, but much of condemnation for
the states witnesses. He claimed that no
evoidence had been presented on which to
base n conviction, even suspicion of
guilt of either defendant He said the de-
PENDANTS had been known to the jury for
twenty-five years. except Mrs. Barbour, who
had not been we'll a day since she was
twelve years old 1t was not a law of ma
ture, he said, that people of such charac-
ter could in a day be transformed into hell
born furies." He had a theory that Eliz-
abeth Gillespie was shot by a crank He
urged the jury TO give no heed to roaring
words or ranting oratory used by the pros
ecution, but to judge the case calmly on
the proof and the law. He was almost over
come with emotion as he concluded.
Captain, Coles was followed bye, Marcus
r. Sulzer, of Madison, also speaking for
the defense. He dwelt at length on the
matter of reasonable doubt. and recalled
that the first affirmative opinion on the
right of a defendant to testify in his own
Judge DOwney, father of the presiding
judge at this trial. He traced the history
of law relating to the rights of the ac-
cused. Alluding to the picture of the fam
lily discord in the Gillespie family he said
that passing the Gillespie home at the
noon recess, he saw Mother Gillespie gath
ering flowers which We're now worn I'm the
courtroom by her son James. and her
daughter Belle. His allusion to this token
of motherly affection brought tears to
A touching scene was enacted when At
torney Sulzer spoke of the childhood of
Mrs. Barbour and of her father. a vener-
ated Methodist minister Mrs. Barbour
hitherto apparently stoical, gave way to
her feelings completely. Gathering her lit
tie daughter. in her arms she wept aloud
while her three sisters attempted 10 soothe
her. Later, when the attorney spoke of
the fidelity of DR.. Thad- a. Reamy. a prom
inent surgeon Of Cincinnati, who had come
TO the defense of his favorite niece, Mrs
Barbour. the venerable doctor who was
present, also gave way and wept.
Mr. Sulzer spoke for nearly four hours
He dwelt largely on circumstantial evil
dence and the danger of convictions based
on such evidence, and closed with an inn
passioned plea for the acquittal of the de-
PENDANTS
Congressman F. NJ Griffith began his ad-
dress for defense at o'clock, the court re-
quiring an evening session. He spoke for
over three hours, and in an eloquent man
ner depicted the innocence of the defend
ants, dwelt upon their previous good char
acters for peace and quietude, and gen.
orally covered the ground of his predeces-
sors.
.Col lHoiildS oHdy viii COlNluue the dTgu-
ments for the defense in the morning. 1t is
understood tonight that Henry n. Spaan
will close for the state tomorrow. Mr..
Spaan will be given an ovation. there are
hundreds who have not attended court, in
Guiding many from a distance, who will be
here to listen to his address. Lawyers are
here from many points to hear the ad-
dresses and the charge of the court, TO be
given soon.
Attorney Shay to-day, in private CONVEX
sation said he was absolutely confident of
an acquittal of all of the defendants. James
Gillespie expresses the same belief.