The Indianapolis times., 1931-11-04

said. VIII your honor please read
that again?"
Mrs. Simmons was brought into
the court room during the second
reading of instructions, her first
appearance since the jury began
deliberations at 5:45 Tuesday.
Defendant Looks Worried
She appeared worried and was
surrounded by her husband, John
Simmons; her daughter, Elizabeth.
and sons, George and Dale.
George and Dale had kept a con-
slant vigil in the courtroom since it
was reopened this morning.
The jurors battled over their pos
sible verdict throughout the night
and many of them appeared hag-
gard and worn when they appeared
III court and at windows in the
small jury room.
They had breakfast at $40 in a
restaurant near the courthouse and
returned to their deliberations.
There are no cots in the iurv
room. The jurors were forced to
get what little sleep they could in
straight-back chairs, on a single
long table, or on the floor.
Given Case at 5:45
The jury took the case after con-
cluding arguments by Roy Adney,
special prosecutor, and first reading
of instructions by Judge Hornaday.
In hope that a verdict might be
Forthcoming Immediately, after five
weeks and two days of trial, the
court sent the talesmen to the jury
room Tuesday evening at 5:45.
Twenty minutes later they went
to dinner, convincing a mass Of
spectators that they were not in
agreement. Returning to delibera-
tion shortly before 7. the Jurors
were locked up for the night, and
the courthouse cleared of newspaper
men and spectators at II p. m, the
time limit Hornaday set for receiv-
ing the verdict.
Order Tobacco and Heat
The judge directed jurors to re-
turn sealed verdict should thew
end their deliberations between that
time and 9 this morning, but, so far,
no word of sealed verdict had
leaked from the jury room.
At 9:55 Tuesday night, the court
room, still partly filled, was stirred
when the jury room bell rang. The
jurors ordered three kinds of smok-
ing tobacco, chewing tobacco,
matches and more heat.
Mrs. Simmons appeared worried
Tuesday night when Hornaday
charged the juror with forty-two
instructions on their possible YER
diets. She was taken to her iaiI
cell when the jury began delibera-
tions.
Hornaday told the yenirernen they
might return any of five verdicts:
Guilty of first degree murder; sec
ond degree murder; either voluntary
or involuntary manslaughter, or ac-
quittal.
Court Fixes Penalty
The state law, he told them. pro-
vides for the court to fix the penalty.
On the first-degree count. life SEN
tence or death in the electric chair
can be directed. Life sentence is
mandatory under conviction for
second-degree murder, while either
OF the manslaughter counts calls for
a mandatory sentence of two to
twenty-one years.
Under acquittal, the state still
would have opportunity to rearrest
Mrs. Simmons on a charge of the
hrst degree murder of Alice Jeans
sister, Virginia.
The state alleged both girls were
slain by their mother. who. it ,s
charged, inserted strychnine cam
sules into chicken sandwiches she
took to family outing in Memorial
park here, June 81. The Indictment
for the Staying of Virginia is pend
ing.
Defense Case Attacked
Adney. in the states closing ar
to the jury, attacked the
case and John Simmons
husband Of the defendant, and de-
clared the story of the family RI.
lated at the trial. was "one of obj.
CATION"
He laid the blame for the mur-
Ter OF the girl on the mother as
Serting that when the sandwiches
eft Mrs. Simmons Hancock county
home they carried "an insiduous
and hellish DEATH
Earlier Tuesday. Charles L. Tin
iall, defense attorney, fired a bar.
-age at Horace N. jackson. Han.
;ock county farmer. who has been
he unofficial defendant of the
rial. The attorney openly accuser
Jackson Of the strychnine murders.