The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-20
MATHERS JURY STILL OUT
AFTER 20 HOURS; DEFENSE
SPRINGS SURPRISE ENDING
Finish of Trial Speeded by
Waving of Summation
by Attorneys.
INSTRUCTIONS ASKED
Guilty Decision Must Spec
ify Whether Suspect Was
Sane or Insane.
By Uniicd Press

By United Press
LEBANON, Ind, April 20.
The TIL eOdOre Mathers
murder trial jury was still
celebrating at noon today, 20
hours after receiving the case.
The jurors interrupted their
deliberations for an hour this
morning while the judges in
structiOns were read to them
again.
Mathers. 81. is charged with the
murder of Gaylord V. Saunders,
former Wabash Methodist minister.
The case went to the jury at 4
yesterday Throughout the night
jurors failed to reach an agreement.
They were kept locked up and adj
vised to make every effort to reach
a verdict.
One of five verdicts can be re-
turned-acquittal. first degree MUIR
der. second degree murder, volun-
tary manSlaughter of involuntary
manslsughter.
In his final instructions, Judge
John w. Hornaday warned the jur-
orS that in case a guilty verdict IS
returned they must specify whether
MatherS was sane or insane at the
time of the Staying.
Mrs. Saunders Released
A jury in the same court last De-
cember convicted Mrs. Neoma Saun-
res, widow of the slain pastor and
co-defendant in the case, but found
that she was temporarily insane, a
verdict that resulted in her release.
Mathers attorneys contended
throughout the trial that he also
was of unsound mind when Saun-
ders was shot to death on a North
Side indianapolis street year ago.
An unexpected defense move re-
suited in the Mathers case reaching
the jury earlier than had been eX-
pected.
Ernest M. Hornaday, Boone Coun-
ty prosecutor, had just finished de-
livering the states final argument
when the defense announced that
they would make no final plea.
Judge Hornaday Immediately in
structed the jury. The judge and
prosecutor are brothers.
Threats Laid to Pastor
For several months preceding the
Staying Mathers and Saunders were
roommates at an indianapolis en-
balming school, The pastor resigned
from his parish at Wabash a year
and a half ago after several con-
troverSieS with members of the
church. His wife and two sons, aged
and II, remained at Wabash while
he studied embalming.
Testimony at both trials brought
out that Saunders had been drink
ing heavily for a year preceding his
death, Both his wife and Mathers
charged that he was perverted and
submitted them to indignities.
1t was these idignities and his
constant threats to kill them both
that prompted the Staying, accord
ing to the testimony.
Mathers signed a confession two
days after Saunders was slain say
ing that Mrs. Saunders had given
him $40 to buy gun. He repudi-
ated this confession somewhat dur
ing his trial, saying that he had
planned to use the weapon to take
his own life.
Trial Lasts Two Weeks
On the night of Feb. 2, 1884, Saun-
ders, Mathers and Masil Roe, 10, a
lifelong friend of the defendant,
were on a drinking party. About
midnight they drove to the North
Side of indianapolis and the minis
ter was shot through the head. His
pocket book was emptied and left
on the running board Of his car, ap-
parently to give the impression that
robbery was the motive Suisse
quent investigation resulted in the
arrest of Mathers and Mrs. Saun-
ders.
Roe also was arrested. He told the
story of the Staying and was re-
leased because police were con-
WINGED that he was not involved.
Mrs. Saunders trial lasted nearly
two weeks. Mathers trial required