The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-11-05

COCS were provided the
talesmen when the long grind,
since 5:45 Tuesday evening,
heightened into Wednesday
night. Early in the night,
lights were extinguished in
the jury room, but at mid
night and 8 a. m. the jurors
were out of their cots, pacing
the floor and attempting to
bring the court a twelve-man
decision.
After q trial of FIVE weeks and
two days, one OF the longest III the
history Of the state, the jurors APP
peared on the road to a Eecord-
making elaboration period.
How are you getting along?" one
juror was asked by a courthouse
spectator.
The juror raised his right hand.
Two fingers were crossed.
Ready for Long Stay
Wife of a juror brought him clean
shirts and said her husband 'is
ready to stay week"
Before dawn today, jurors COM
planned they did not have sufficient
heat in the elaboration quarters.
and court officials summoned the
custodian to remedy the situation.
While her fate is held in the
hands of these men, Mrs. Simmons
is resting in her Boone county jail
cell. She spent most of her time
Wednesday reclining on the bed in
the cell and was visited numerous
times by members of her family,
who have stood with her through
the long trial grind.
Spectators still occupied seats in
the courtroom today, unmindful OF
the length of the jury's proceed
ings, too stubborn to surrender I'M
til the final word of the case is
uttered.
Judge John w. Hornaday still is
silent on whether he will call the
veniremen before him today to as
certain if there is even a remote
possibility of a verdict, or whether
the case will go down in the GRIM
inal annals of the state as having
ended with a hung" jury.
Cost Is Factor
Due to the length of the trial and
the amount of money spent by both
sides, it is believed the court will
permit the jurors to continue their
elaboration several hours.
Rumors have taken the place of
evidence as the indoor sport of
spectators and reporters.
The reports of jury activities.
none Of which is considered reliable,
figuratively, have overrun the
county.
Late Wednesday it was said the
jury stood ten to two, with both de-
tense and prosecution, claiming the
voting power rested in their favor.
Later reports pointed to an eleven
to one vote, but this morning these
reports had been shattered, with
nine to three as the quotation of
the hangers-on.
Phone Their Wives
Hornaday closed the court room
at 8 Wednesday night, but informed
the jurors he would await a verdict
until midnight and receive a sealed
verdict, if any, at this morning.
wednesday night, while little chill
dren played school in the court
room, the scene Of the poison muir
der trial, jurors called their wives
and sweethearts by phone.
Most Of them said they would not
return Wednesday night, which
proved correct.
1t Is believed the jury is dead
locked over testimony relative to
purchase of poison from an Indian
apolis druggist and over statements
Of the Simmons family.
Charles w. Friedman, Indianapo-
lis pharmacist, has testified that
Mrs. Simmons bought strychnine
from him June 10, three days before
the fatal picnic. Miss Louise Robin
son, BargerSville, farm woman.
told the jury she, and not Mrs,
Simmons, was the buyer of poison
that day.
Wednesday, jurors had Hornadav
read instructions again and repeat
twice the section relating to
credibility Of witnesses which gives
each juror the right to Judge the
truth of statements nreSentad II,