The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-29
GILLESPIE JURY UNABLE
TO AGREE ON VERDICT IN
THE RISING SUN CASE
Considered IL Matter Without
Result fr n Morning Till
Late Last Night.
DISAGREEMENT REPORTED
Judge Downey at Once Sent the
Jurors Back, Refusing to
Accept the Report.
UNREST OF DEFENDANTS
Mrs. Barbour the Only One Seem
ingly Unmoved-Long Day OF
Fruitless DeliberatiOn.
DISAGREEMENT REPORTED
UNREST OF DEFENDANTS
special to the indianapolis Journal.

Special to the Indianapolis Journal
RISING SUN, Ind, May 2S.-Like flash
of lightning the word spread over the town
this morning that the Gillespie jury was
ready to report. In effect. it was false
alarm. and as yet no verdict has been re-
turned
At 10 O'Clock tonight the jury not having
reached an agreement Judge Downey sent
them to their boarding house with instruc-
tion to report at o'clock tomorrow morn
ing. In the event of n disagreement as to
James Giliespie's guilt the defense will
bring habeas corpus proceedings to admit
him TO bail the same as the other three
defendants.
Hundreds of persons who heard this
mornings report gathered in the court
room, and soon the defendants APP
peared. First came James Gillespie, smil
ing and greeting a number of friends,
though he looked pale and careworn. Next
came Mrs. Seward. with her son Earl; i'm
mediately after was Carrie Barbour. taste
fully dressed in black. with no trace of
anxiety in her pale face, and with her was
her husband. Myron Barbour. solemn and
full of dread. yet with hope inspired. Other
members of the family were present, and
about the room.
The jurors filed into the bcx and the court
inquired if they had agreed upon verdict.
Ira Powell. foreman OF the jury which
in itself was a great surprise. handed
paper to Clerk Howard ]. North. who sol
emnly read: I'VE, the jury. agree 10 dis
agree
Judge Downey promptly Informed the
jury that he would not accept their report
and ordered them back to their room for
further delberation. AS the clerk began
TO read the report James Gillespie leaned
forward. his eyes intently resting on the
reader. his face showing look of mingled
hope and apprehension of what was COM
ing The defendants were greatly disap-
pointed over the statement of the jury, as
they felt that an acquittal was at hand
The feeling in the community at once be-
came more strained and intense. Much
speculation is INDUCED in as to how the
jury stands but nothing is known. Owing
to the safeguards thrown about the jury
by order Of Judge Downey there is abso-
lutely no way by which the feeling of the
panel can be ascertained. Reports of undue
influence on certain members of the jury
by female members of the jurors families
have had much to do with the present state
of feeling 1t is reported that Judge Dow
ney requested one woman, wife of a juror,
TO cease her visits to the courtroom, so ap-
prehensive is the judge that some pressure
may be brought to bear on the jury.
AS the hours pass without a verdict the
defendants grow more hopeful that they
will be acquitted. James Gillespie especial
ly seems to feel more confident tonight
that he will soCn be a free man. The at
torney for the state says that owing to
49, f,f dafa ha ions do
grees OF crime for which the jury may con-
vict and the great mass of testimony to
consider, the jury may yet be able to agree
on a verdict.
Late tonight the situation remained the
same as Ii did earlier in the day; the cit
izens are still hopeful for conviction of
part IL not all the defendants, and are open
ly condemning the jurors, whoever they
may be. who are preventing a verdict in
much the same manner as they do James
Gillespie.
People were here from all parts of the
surrounding country to-day, and many will
remain until the jury is nnally discharged.
Business is practically at standstill, and
has been for more than two weeks past
on account of the trial.
Great confidence is placed in the wisdom
and sagacity of Judge George l.. Downey to
deal with every feature of the case. In this
case both the state and defendants are well
pleas sed with his rulings and decisions. DIR.
Thad Reamy, celebrated physician of
Cincinnati. uncle of Mrs Carrie Barbour,
paid TO Judge DOwney, on behalf Of the de-
PENDANTS and himself. the following beauti-
full compliment: He is quick a flash; he
gives good reason for all he does; he
knows the law: he is honest, fair and just
to all parties in his decisions
At the conclusion of the judges charge
TO the jury DIR. Reamy arose and feelingy
said: Il want to thank you for that emf
nently fair charge.
The Jury will be held until Sunday noon
and if by that time there is prospect of
verdict it will be discharged and the
case continued TO the September term of
court.