The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-28
CITIZENS OF RISING SUN
EXPECT A DISAGREEMENT
OF THE GILLESPIE JURY
CONCLUDED FROM FIRST PACED

CONCLUDED FROM FIRST PAGE)
piled to this case. The court was exceed
ingly careful, much more than is usual. be-
cause of the feeling in this community, so
that ii could not be said that the court in
any way influenced a verdict. The court
did not instruct the jury that one OF the
others acquitted, because the defense insist
ed that all be treated alike-they were Ell
Their all guilty or they were all innocent, and
the state did not ask that there be any
such instructions.
However, he did describe to the jury the
degrees of homicide. how one defendant
not these defendants, but those In a sup
posed case-could be found guilty of muir
der in the first degree and sentenced to
death or life imprisonment, another found
guilty of murder In the second degree, with
life Imprisonment as the punishment: an
other could be found guilty of man.
slaughter, the jury not being allowed to
inhict the punishment, but to make find
ing of guilty.
The court gave unusually strong instruc
tions the question of reasonable doubt.
He explained that ii was not sufficient TO
warrant conviction that the state should
envelop the death of Elizabeth Gillespie in
mystery that is incapable OF explaining
without inferring the defendants guilt.
that the death of Elizabeth Gillespie was
from some mysterious cause does not re-
quire that the defendants furnish an ex-
PLANTATION of the mystery OF her death.
MOTIVE UNNECESSARY.
instructed the jury that the state was not
bound to prove the motive, but evidence
tending to prove motive is proper for con-
sideration in connection with the other evil
dence and where the evidence against the
defendants is circumstantial proof of a mo-
tive furnishes "a strong element
The court said that an alibi was legit-
innate and proper defense. The defendants
are not bound to prove it beyond a reason
able doubt. or even by preponderance of
evidence; if continued the court, 1.-The
evidence in support of ii is sufficient to
raise a reasonable doubt, the defendant
must be acquitted The court instructed
the law of circumstantial evidence, on
good character, and told the jury that the
defendants who went on the stand were
to be treated as other witnesses. 1t was
brought out in the trial that Myron Bar
bOur was one of the defendants who did
most of the talking. The court made the
following instructions. which applied to
Barbour.
Statements or admissions made by any
one of the defendants in the absence of the
others. If any such has been proved. to
be considered by you evidence against
the defendants making such statements or
admissions only, and not against those not
The defendants were pale and nervous as
they heard the instructions TO the jury. 1t
reported that stfmulants were given to
Jim Gillespie before he was brought to court
last night, but Sheriff Rump said that this
not true. The jury looked fresh, and
as the Twelve men 0leO lntO the room edcn
looked sharply at the four defendants. The
alleged friend of Jim Gillespie, who, ii has
been asserted, will hang" the jury before
he will agree to a verdict of guilty, looked
unconcerned when he came into the court
room, but appeared to be in a deep study
most of the time.
The jury went to a room on the first floor
of the courthouse and soon the twelve
men were in the room a rope was stretched
from the courthouse fence around the outer
walls of this apartment and a special guard
of deputy sheriffS patrolled inside the rope,
making il impossible for any one to get
near the jury room deliver any messages
to the jurymen. These precautions came
from Judge Downey.
Friends of James Gillespie held a con-
ference, after noon, to devise means for the
protection of James Gillespie in case of
acquittal They have been warned that
a demonstration against him is proba BILE
and it is likely that he will be sent away
temporarily
After luncheon the jurors sent out for
some stogies and this impressed those
about the courthouse that there would be
a protracted sitting and probably a dis
agreement.
The attorneys for the defense said they
felt certain of the acquittal of three of
the defendants. If James Gillespie is not
acquitted they expect a disagreement If
any are convicted they will appeal to the
Supreme Court at once. The state de-
manded the conviction of all, but expects
only the conviction of James Gillespie and
possibly of Myron Barbour.
James Gillespie, this afternoon. began
worrying for the first time and shows signs
of weakening. The failure of the jury to
return a verdict at once leads him to think
that something is wrong, and he fears
that he is not TO be acquitted.