The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-09-21
Was Not Able to Reach Agree
ment After Being Out
The Entire Night.
1T MEANS ANOTHER TRIAL.
DEFENDANT MADE DENIAL OF
THE CHARGES BROUGHT BY
MRS. EvANS-ATTORNEY HAVE
LIVELY CLASHES.

in the Kepler case, which was tried FRI
day in the city court, announced
through its foreman. Lee II. Nushaum,
that no verdict had been reached owing
TO disagreement. The case was Civ
en- TO the jury at 6:3o o'clock Friday
evening. and all last night the jurymen
sat in the council chamber casting bal
lot after ballot. but all to no avail.
Judge Converse remained at the city
court until IL o'clock last night in the
expectation that some verdict would he
reached. AT 1890 the jury filed into
the courtroom and Foreman Nusbaum
announced that the jury had been un-
able to agree on a verdict. Judge Con-
verse refused TO discharge the jury
and told them to go back and make an
other effort to reach an agreement on
verdict. Ii is not known how the
jury stood, but IL is understood it
was about equally divided in regard to
the guilt and innocence of the defend
ant The jury was composed of the
following: ID. b. Game, John Dickman.
Albert Hutton. w. III. Cook. Charles
Farnham. Alonzo Marshall. Chris Hase-
meier, Robert G. Thompson. John Il.
Peltz. Lee B. Nusbaum, Solomon Fox,
and III. j. Jurgens.
The case will be given another hear
ing but the date for the next trial has
not yet been set, owing to the absence
from the city of Henry u. Johnson.
who assisted in the prosecution.
kepIer Makes >eniai.
made an indecent assault on Mrs. John
Evans. She testified Friday morning
that Kepler had laid hands on her and
had made proposals to her in an up
stairs bed room of her home Kepler
took the witness stand In the. after
noon and he proved good witness. He
emphatically denied that he had touch
ed Mrs. Evans or that he had told her
you are a most attractive woman TO
me-" He said that he went to the up-
stairs part of the Evans home on a
farm south of this city for the purpose
of measuring the rooms. He said that
Mrs. Evans followed him upstairs. Mr..
kepler said that his conduct while up
stairs was of the best and that Mrs.
Evans had behaved like lady. He
never dreamed Of doing such thing as
she charged him with.
Mr.. Kepler told of how Mr. Evans
had come to him and his partner, Mr..
Weller, in the real estate business and
stated that he was going to move to
Later Harry Lands asked
Mr.. Kepler and Mr.. Weller to negotiate
a trade for the exchange OF his proper
ty on North Seventeenth streAt for a
small farm. Mr.. kepler brought the
matter up before Evans. A listle over
two weeks ago Mr.. Evans went to Chi
cago on business and he told Mr.. KEEP
Ter If anything new developed. in the
deal to consult with Mrs. Evans. Sun
day, September 8, Mr.. Kepler stated
that he took Mr. and Mrs. Prentis to
see the farm and that they were favor
ably impressed with it.
Ansered by Statements
The following day Mr.. Kepler call.
ed at the Evans home to make some
measurements. While measuring
where Mrs. Landis had suggreU9h that
4 bath room might be placed, Mrs.
Evans made some remark about the
Landis home. Mr.. Kepler asked 7ler
+ it was the intention of her and her
husband to live i'm this home IL the
rade was consumated Mrs. Evans
said that she intended to live there
or a short time. Mr.. Kepler then
said he could go no further with the
ieal. Mrs. Evans asked him why not
Ind he told her that as she and her
husband were colored people the peo-
,le on North Seventeenth street
would raise objections and that his
business would be injured IL he nego-
lated such deal. He told her that
people i'm the vicinity i'm which they
we're living at the present time were
lot pleased over colored people living
n their midst. Mr.. Kepler stated
hat when he told Mrs. Evans this She
,ecane violently angry and exclaimed
hat she was not negro but Cuban
She said that she was as
.ood as any of the white people living
n the vicinity of their farm or on
North Seventeenth street.
Only Business Conversation.
In her testimony Mrs. Evans stated
hat on Tuesday, September 10. Mr..
zepier called her up over the tele-
hone and after talking about the
cal. asked her to not say anything
bout "the little matter that took
lace yesterday" Mr.. Kepler said
hat he telephoned TO Mrs. Evans but
My had business conversation with
er. Carl Kepler and Mr.. Weller
wore that they were in the Office at
hat time and that Mr.. Kepler did not
ay anything to Mrs. Evans about
eeping anything quiet. Mr.. Johnson
Or the prosecution conducted a Wig
rous cross-examination which caused
protest from Mr.. Study, who object
d to the malicious method OF ques-
nninr the MitnesS' Mr. Johnson