The Hartford republican. (Hartford, Ky.) 18??-1926, 1907-04-12
FREEDOM FOR
JAS. GILLESPIE.
Prison Doors Opened by Su-
preme Court Decision.
{ Discharge of Jury Fatal Error
Cannot be Tried Again for
Murder of Sister.

The judgment convicting James Gill
lespie of having murdered his sister,
Miss Elizabeth Gillespie, at Rising
Sun, Ind, in December, 1903, and SEN
y fencing him to Imprisonment for life
was last Saturday reversed by the
Supreme Court. The Court further
ordered the entry of a Judgment
that appellant be discharged from
further prosecution on the charge in
question and that he go hence with
out day."
This ruling is based on the con-
stitutional provision that ''in all GRIM
inal prosecutions the accused shall
not be twice put in jeopardy for the
same offense."
The first jury that was sworn to try
Gillespie, together with three other
persons jointly indicted with him,
was discharged because the prescott
ing attorney asserted that "the mother
of one juror was a first cousin of the
mother of William Seward, deceased
husband of Belle Seward" one of the
defendants. The court holds that the
swearing of this jury put Gillespie
''in jeopardy" unless the juror was
incompetent.
Gillespie has been confined in the
State prison at Michigan City for
more than two years, having been con
irl ia1 in, Ian
1905, one jury having disagreed after
the illegal discharge of the first one.
He will now be set at liberty.
The murder of Miss Elizabeth
Gillespie, for which her brother, Jane
Gillespie, was sentenced to life inn
prisonment, occurred the night of De-
cember s, 1903. Miss Gillespie had
been preparing her home for a meet
ing of the Women's Literary Club
and was alone in the front room of
the house when a rifle shot, evidently
fired through the window near which
her body was found caused the inquiry
from which her death resulted the fol-
lowing day. Her mother, who had
left her the moment before, is the
only other person known to have been
in the house at the time. The moth
er related that she had heard sound
as of something falling and had hur-
ried to the front room. The light was
extinguished and she stumbled over
the body of her daughter before she
realized what had happened.
The Gillespie family had been prom
inent for many years. The daughter,
thirty-eight years old, wore white
hair, about which neighbors had wo-
ven a romance. 1t had to do with
the breaking of an engagement be-
tween Miss Gillespie and a young man
of the little city. He had left Rising
Sun following the estrangement and
had married another woman. 1t was
believed that the premature whiteness
of the gentle woman's hair dated from
the receipt of the news of her for
mer sweetheart's marriage.
Suspicion was first directed against
James Gillespie the morning Following
the tragedy, when he refused to make
known any information he might have
possessed. 1t was known that he
had a rifle that might have made
wound identical with that found in his
sisters head, and that he had black
powder in his possession given him by
his brother-in-law, Myron Barbour.
Troubles in the Gillespie family had
been discussed by Rising Sun before
the murder. James Gillespie was
known to be on bad terms with his
sister and the division of the estate of
DIR. Gillespie,a famous Southern Indi-
ana physician, father Of the two, was
supposed to be the cuase. The estate
had been left to the mother entire, and
Miss Elizabeth Gillespie lived alone
with her.
DR.. William Gillespie, of Cincinnati,
summoned Immediately, did not add
enlightenment, remaining almost as
secretive as his brother, James. The
mother opposed Investigations by de-
tectives. Then Mrs. Belle Seward and
Mrs. Myron Barbour. sisters. were ac-
cused of acting strangely in the mat
ter.
When the grand jury, after a few
q weeks investigation, indicted not only
James Gillespie, but Myron Barbour,
Mrs. Barbour and Mrs. Belle Seward
as well, there was not great deal OF
surprise in Rising Sun. The two won
en- were Immediately released on bail,
it not being considered that they had
part in the actual murder, though the
indictment read murder in the first de
gree against them as well as against
the two men.
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