The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-11-06

ballot was eight to four for &C
quittal.
Mrs. Simmons, brought into court
to hear the discharge of the jury,
did not appear elated over failure
to reach q decision. Rather, she
appeared hewildered, and stared
ahead of her until she was returned
to the county Jail.
= She was greeted by friends, who
congratulated her. She refused to
make any statements to newspaper
men, dismisSing them with curt,
II have nothing to say"
She did thank Ora Brown, fore
man of the jury, for his services.
Family Is Incensed
Members of her family appeared
incenSed by the jurys failure to
agree.
1T wasn't right; they should have
acquitted her.. John Simomns said.
Prosecutor Ben Scifres and his
aid, Roy Adney, may elect either to
try Mrs. Simmons again for the sl-
legged murder Of Jean, or for the
alleged Staying of Virginia.
In addition, states attorneys also
may decide not to try either of the
cases and can act to quash the
counts against the 47-year-old farm
woman.
When she is released, Mrs. SIM
mons will return to the family home
near Wilkinson, where, the state al
leges, she placed strychnine capsules
in picnic sandwiches June 81 which
resulted in the deaths of her daugh-
terS.
The crowd which gathered swiftly
Thursday afternoon when it was
reported the jury would have to
present verdict by or be dis
charged, appeared stunned by the
result. No one rushed to the Ie-
PENDANTS side and the room was
hushed for some time after the
court action.
Friends Comfort Defendant
Some of Mrs. Simmons friends
from Greenfield patted her hands
and talked with her in low tones.
She then was returned to Jail for
supper.
It was learned that the first bal
lot of the jury, taken early Tuesday
night, was seven to five for acquit-
tai.
The question of circumstantial
evidence was said to have been the
obstacle which the jurors could not
hurdle together. Those who held
out for acquittal are reported to
have declared they could not vote
otherwise, in view of the states
circumStantial case against the al
legged poison slayer.
At times, it was learned, heated
arguments flared among jurors and,
in one instance, physical combat
between two of the talesmen was
halted by interference Of the others.
Those who were voting for con-
viction were said to have announced
they would stay here until Christ
mas"
Jackson Angle Ignored
It was understood the jury prac-
tically swept aside consideration of
the defense accusation that Horace
N. Jackson, Hancock county farmer,
inserted poison capsules into the
sandwiches.
The jurors are said to have tee
tered on the testimony of Charles
w. Friedman, Indianapolis drug
gist, that he sold Mrs. Simmons
strychnine June 10, three days be-
fore the fatal outing here.
1t was reported jurors gave
more credence to the story of Miss
Louise Robinson, Bargersville farm
woman, that she was the buyer Of
poison from Friedman that day, be-
cause her story had support of 9TH
er witnesses.
The court room was stirred, prior
to dismissal of the jury, when Sher-
if Wilbur Small called Judge
Hornaday and Turney Aschely,
bailiff, from the jury room, at re-
quest Of states attorneys, when the
duo had been with the jury nearly
ten minutes.