The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-14

JURY SPEEDED
Continued From Page ~

of the morning session. Kane was |
attempting to ascertain Rushton's |
view toward the element OF doubt |
which is considered by the law in |
trial
"Well, now, IL the witnesses up
there proves them guilty, they're
guilty, but il the witnesses don't |
prove them guilty, they hain't
guilty" he said.
The courtroom broke into spasm |
of delight, and it was sometime be- !
fore order was restored. Rushton.
looked about apprehensively and |
spotting Kane, who had sat down, |
he asked:
Are you done with me?"
Kane assured him that he would |
not be quizzed further. There was
lull while the court, attorneys, and
spectators, were readjusting them
selves. Suddenly Rushton inquired
Excuse No Good
well, cont. understand this
capital punishment stuff-what is
it?"
There was another outburst and
it was evident that Rushton having
seen numerous other jurymen dis
missed because OF their. opposition
to capital punishment, wished to be
excused himself
II didn't ask you anything about
capital punishment, did II" replied
Il TT.
of the talesman.
So Mr.. Rushton stayed on the
jury.
Larger Crowd
A slightly larger crowd filling per-
haps. one-third of the courtroom was
present. 1t included several non
residents of Noblesville.
Stephenson, the principal de-
PENDANT, has lost his broad smile
and is watching the questioning
closely. Gentry wears the most
serious expression OF the three, but
Klinck is apparently uninterested
i'm the proceedings, except to
laugh at the occasional funny re-
marks the talesmen make.
Alfred r. Hutton, Noblesville bar
Der, was the first talesman to be
questioned by the defense after the
State passed the jury.
Guilty, Says One
He was rebuked when he ex-
pressed the opinion the defendants
were guilty.
That's very improper remark"
your honor" said Inman.
Stephenson smiled. I<linck
laughed aloud, but Gentry never
changed his serious expression.
mo man, 1 don't believe, with a
normal mentality, but would form
some sort Of an opinion from read
ing this case in the newspapers,
said Hutton.
Inman asked Hutton if he had
talked about this case.
Disguised Now
"Oh yes, so much I've sort Of
gotten Disguised with it,"
Have three Indianapolis women,
whose names I do not know, talked
to you about this case?"
mo, sir"
Have you talked to two men in
the presence of Judge Cox of the
| defense?"
mot that 1 know"
do you know an Indianapolis de-
tective by the name of McMurtry, or
another by the name Of Lewis?"
mo, sir"
Jesse McMurtry, a detective, and
Walter Lewis, former head of the de-
partment of justice bureau at Indi-
annapolis, both of whom were sitting
with the States attorneys at the
time, were the individuals to whom
Inman referred.
S. 3. Pike, who succeeded Hutton,
in chair one, was also excused when
he expressed an opinion.
Inman asked Pike, if Gertrude
Elder, and a Mrs. ElIingwOOd," or
'Nubbin Brooks" all of NObIeSvi.le
had interviewed him on the case.
He also asked If two Irvington
women, whose names / cannot give
yOu." had talked to Pike.
Pike said he had talked to none
of the persons indicated, but he
had an absolutely firm and fixed
opinion that would take a lot Of
evidence to remove.
Conference Held
Kane, continuing the perfunctory
| Interrogation of talesmen, passed
Tuesday by the defense, caused a
stir in the courtroom when he asked
permission of Judge Sparks to hold
private conference with the other
attorneys on his side. With Will II.
Remy. Marion County prosecutor,
the group, retired to an outside room,
where they talked in low tones for
about five minutes. Returning to the
courtroom, Kane conferred briefly
with Judge Sparks and resumed the
questioning of talesmen.
Rue Hinshaw of Carmel was called
to the jury box to replace Charles
Boden, who was excused late Tues.
day when challenged for cause. Hin
shaw, a garage man, was asked If
he weSe opposed to capital punish
ment. He said he was not.
You have no conscientious scru-
pies against administering capital
punishment, have your" Kane asked
mo cir IJfpubouy said Lxapa