The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-18
STATE LOSES IMPORTANT
POINT IN THE TRIAL OF
RISING SUN DEFENDANTS
Testimony Regarding Gillespie's
Ownership of Only I6-Gauge
Gun Is Stricken Out.
MAY BE PUT IN IRONS
Gillespie Is Admonished that He
Must Display No More Hostil-
ity to the Sheriff.
BARBOUR NOT TALKATIVE
Detective NarrateS His Efforts to
Draw Him Out-Men Who
Heard the Shot Testify.
BARBOUR NOT TALKATIVE
Special to the indianapolis Journal.

special 10 the Indianapolis Journal.
RISING Sun. May 1.-THE interest
shown in the Gillespie case is unabated. AS
early as o'clock in the morning numbers
OF men are seen waiting for the doors of
the courtroom to open that they may be
among the first TO secure seats for the day.
That the people were greatly disappointed
at the failure Of the state to produce more
important evidence to-day was very evil
dent at the close of court this evening.
What had been regarded as some of the
states most important evidence-that in
relation to James Gillespies gun-was
stricken out by the court. though the
jurors had heard the replies TO the ques-
tions asked.
Another feature of the day was the
courts reprimand TO James Gillespie for
his implied threat TO Sheriff Rump last
evening and the admonition to his attor-
neys that unless he exercised better self
control be would be brought into court in
irons.
City Marshal Thomas Overly detailed the
search OF a posse on the night of the
murder, in the fruitless efforts to find
some evidence as to the person who
committed the crime The court struck
out the testimony of this witness as to his
fendant James Gillespie VINO owned a six
teen-gauge shotgun. This action of the
court was well received by the defense.
Witness also testified to Mrs. Belle Sew
ard 5 remark, at ii o'clock that night, when
the posse was in her backward. during the
search. She asked them what they were
there for, and on being told that they
were looking for shotgun. she said: You
didn't find and you will not" Wit
ness said that was the substance of what
she said. as nearly as he could recall it.
overly was corroborated in his testimony
as 10 Miss Seward by James b. Hemphill,
a druggist, who formed one of the search
ing party.
DETECTIVE FRANKLIN
The most important testimony of the
morning was that of Detective Theodore
Franklin. detective of Cincinnati. who
was employed in the case by Mayor Charles
Il. Matson, of this city. Franklin detailed
his work of a general nature in the case.
and especially as to conversation with
Myron Barbour as TO who killed Elizabeth
Gillespie. in which Barbour said to Frank
lin: You do not think that l killed her,
do you
Franklin replied: mo. do not. but do
think that you know who killed her. Who
did kill her?
Barbour then began to cry and said: II
cannot talk any more to you now
Later on Barbour said to witness: Il
have nothing TO say to you.
The defense endeavored TO break down
the statements of the witness by a rigid
cross-examination,b but he sustained lIImself
fairly we'll
Frank Sebastian. a colored man. concern
ing whose testimony so much has been said,
said he was just across the street from the
home of Elizabeth Gillespie when the shot
was fred IL was dark, he said and he
saw the fash of the discharge, heard some
one run. heard the click of gate latch,
but saw no one. Witness could not state
in what direction the person ran, whether
directly across the street or down the
#. street.
William III. whitlock lumber and sawmill
man, said he left his place of business, one
square below the Gillespie home, and was
on the square Immediately before the shot
fired. He saw at the time. He
was positive no person came down the
street. as there was street light near him,
and he could have seen any one passing
SIXTEEN-GAUGE SHELLS.
Several witnesses testified as to the six
teen gauge shells purchased by Myron Bar
bour for use by him in James Gillespie's
gun
William Johnson told of the occurrence
when James Gillespie entered his store just
rs Elizabeth was leaving. James said:
when you get tired of that thing just fire
her out. You will have to do it sooner or
later"
The court reprimanded Captain Coles. for
gun wad to juror while the jury was ex-
amining the Gillespie gun. Captain Coles
said to the court that he did not know 1t
improper for him to do so, and the
court ordered the wad taken from the juror
and the incident was closed. though 1t
caused considerable comment, being re-
garded as a trick.
The state has about thirty witnesses vet
10 be examined, and several who have tes-
titled will be recalled II is expected that
the state will close its direct evidence by
tomorrow evening. The defense has a
list of forty witnesses to start on as soon as
the state closes.
Speculation is rife to what the result
will be. The consensus of opinion so far is
that the state has not made out it's case
in "A way to warrant conviction of any
defendant 1t Is reported tonight that un-
less the state produces stronger testimony
tomorrow the defense will move the court
for dismissal of the defendants on the
ground of insufiiciency of evidence.