Indianapolis Journal, Indianapolis, Marion County, 3 October 1895 — Page 1

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SUNDAY, Oct. 6. 01.00 Hound Trip $1.00 Crsclil train leaves Union Station 8 a. m.. rturnin? leaves Clctlnnatl 7 p. m.; tickets ffevl only on the trains. Tfc Indianapolis Ease Ball Club will play th Cincinnati team two games on their ,V own grounds for one admission, which has been reduced to 25 and SO cents. Game will fc called at 2 p. m. Do not miss this orprruslty of seeing the games with this club this reason. . For tickets and full information call on His Four agents.

DIG FOUR EXCURSION ' TO i Andcraon. and Return SUNDAY, Oct. 6, 1895. 01.C0 Round Trip-$1.00 On .account of dedication of Catholic Church, under the auspices of the Hibernian Society. Special train leaves Union Iept at 8 a. xn., returning leaves Anderson at 6 p. m. Fcr tickets and full Information call- at Big Four ticket offices. . .... II. M. BRONSON". - ' " ' A. G. r. A. Co9 ETo s JD. 3Eg ISo 1 IlEST LINE TO 02mo!nnsit!T DAYT0 TOLEDO and DETROIT. LEAVE INDIANAPOLIS. jca. T5 Cincinnati Vestibule, dally 3:10 a, m Two. 21 Ctnelnnatt Fast line. UaUy 8:00 a. m ho.it Cincinnati. Dayton. Toledo and Detroit Cipro, dally, except Sunday 0:50 a. m. No. 41 Detroit K'rt hxpresw. dsny ex. SuiM'yv':.i n nu , Ke. n Ctnrlnnati and Dayton Veatibule.daily. 4:00 n. m. 10. U Cincinnati, Dayton,Toletlo and Detroit Lxyresa, daily, except Sunday eo p. m AKUIVE IN DIANA 1-OL1H. o. Z 1? a. m.; No. 32. 9.13 a. m.; o. 30, lbtt jn.; NO. 40, 3:li p. lu.; No. 38, 1 JO p. m.; No. 34, 10:Si P "ft. . . for further Inform mUon call at N o. I West Wasnnur. tea ct:: Ucloa fctxtloa or No. lii South luracU ktteet. 1E0. W.HAVLEIi.D. r. A. D. ti. EDWARDS. G. Y. A. CHICAGO EXCURSION 3.C0 Round Trip $3.50 VIA THURSDAY, Oct. 3. Tickets good for THRKE DAYS. Ticket Agent, 2 West Washington street. nn nn TO LOAN Eob't Ilr.rtindalo & Co.. c-3 Cist Market Grreef. Dro.CcusUliti& Wilson, Dentists Kip rt Clown and Bridf Workers. Fine ArtlflcU leeth. Pair lew Extracting wlta Cocaine. Qu r itUzd Ale. LatUtt' (Biraac (aTousd flor)L Dai SENATOR FAIR'S WIDOW." Ldllle Iyer Sfrvlnn Ten.Yrar Seu. ence for llmbeaalcment. SAX FRANCISCO, Cai. Oct. i-IJllle Uayer, one of the women who claims to be the lawful widow of the late Senator James ti. Fair, is now a prisoner at San Quentln. tvherc eh will serve a tern of ten years for embezzlement. Tho life story jof Uine Bayer Is a remarkable one m many reapecta. Soon after the- death of Senator Kalr she announced that she had married :he millionaire In 1S?2, and that one son vaa the result of the union. She asserts positively that she has papers in her possession which will prove her claims anJ jfays further that the Senator deeded to her a ranch In this State, the revenues of which were devot.nl t the rearing and education of the boy. Of the charge of embezzlement, on which the was convicted, the woman claims that she has been grossly misrepresented ami attributes her prcafnt sad plight and the deSay before binz tried to the effort! of those who were anxious to have her out of tho way. "I am not insane," she Faiu. "and when I Ray that I can prove my marrlape to Fnator Fair I am not spakln for effect 2Iy baby on Is now beincr cared for by friend in the country. His whereabouts . I have kept secret, ft-arins that an efTort wrtuld be made to take him from me. Soon after I made it known that I ha1 been married to Senate; Fair, a representative of h's ton Charles mad me an offer of rrcvi-is I wuid turn over a!! the pap-ra In r-.y r-r-?sion. allow trie hoy to be ndoptr ri rive tho name of the magistral r: the marfiago ceremony. All ' . t:l t.- accede to, and lold them v . i zcce?i nothing except L :r'.d to rr.c."

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PTTn . . 11 ILLLQ Gold Seal Champagne Quarts, $1.25. Case, $14. Pints, 65c. Case, $15. "Gold Sell" continues to onjo the reputation of b?ins? the best Champagne made in America and successfully rivals the best brands of Kurope and Is in no way helow them in parity and flavor, "bclnx- light, pleasant, clean In ta.te, with gxd effervescence and bouquet." POIAJER & DRAKE. Distributors of Tino Imported and , Domestic Groceries, 16 Worth teridiatr. Street. High Grade VHOLESALE. IIETAIL P. Iv. CHAMBERS, 56 West Washington Street, Entrance Into Bite ftonss Ixbbr. CLASSMATES QUIZZED DtnnAxrs fellow-collegr stiDEXTS OX THK AVITXESS STAXI). Xot One Answered to Prisoner's Xnme on April 3 Ilnala of Daprey'ii lnlnnntlon am to Rev. Gibson. 3.VN FRANCISCO, Oct. 2. The defense In the Durrant case did to-day that which it has often urged the prosecution to do.. Attorney Duprey called to the stand fiftynine members of the class to hom Dr. Cheney lectured on the afternoon of April 3 and asked each of them If he 'anajvered to Durrant s name at roll call. Every answer was In the negative. Attorney Duprey went further and asked each student if he knew of any other Btudent who had answered for Durrvnt. Not one of the witnesses had any Information on the subject. Of the students summoned to the stand not one "knew whether Durrant was at the lecture room In Cooper College on the day that Blanche Lamont was murdered. Neither could they call to mind any other student who was there. It la expected that the remaining: fourteen members of the class will bex called to1 the stand to-morrow. While the step taken by defense today lu calling Durrant's classmates to the stand Is generally regarded as a bold move, it cannot be said that it resulted to the material advantage of either side. The testimony of fifty-nine witnesses who were placed on the stand was important In po far as It went to refute the contention of the prosecutiot. ,thaf somebody else answered Durrant's name on the day of the murder. On the other hand, the prosecution contends that the testimony Is unimportant. Inasmuch as seventy-three students might give satisfactory evidence for the defense, while the seventy-fourth member of the class. If he could be found, would give the evidence that the prosecution so much desired. Great stress was laid by both sides to-day on the memory of the witnesses as to the individual students who attended the lecture. While the prosecution showed that no one of the students who were placed on the stand remembered seeing Durrant at the lecture, the defense brought out the fact that the witnesses d5d r.ot remember any other nudent who was there. To-day's testimony, therefore, resulted in no material advantage to either side. Ernest McCullough, a civil engineer, testified -with rexard to the dimensions ani Ulterior arrangement of Oppenheim's pawn shop. The object of the testimony is supposed to have been to show that Oppenhelm, who is near sighted, could not have positively identified the man who Is sail fo have tried to pawn one of Hlanche Umont'i rlngrs. One of the attorneys for the Durrant defense, A. W. Thompson, has consented In the light of the remarks made public by Kev. J. George Gibson, to outline the facts and theories which caused Kusenc Duprey, in his opening statements to throw suspicion on the pastor of Emanuel Church, and to Intimate to the Jury that reasonable doubt which the defense wishes to show will point toward the same gentleman. The defense does not like Mr. Gibson's remarks at all.- In the first place, Durrant's lawyers say that the pastor's assertion that Durrant considered him guilty wa3 entirely uncalled for, ns Durrant never expressed himself on thts subject and would not have declined the pastoral hand had it been extended to him at any time since his arrest. The theory of Mr. Gibson's guilt comes entirely from the lawyers and they are glad to stand by their opinions. The first suspicions of the defense In regard to the matter arose during the preliminary examlnaton from Mr. Gbson's own testimony. It was in regard to the Minnie Williams case that the first doubts arose. In his testimony, tha defense states, Mr. Gibson made many admissions which looked nueer and some denials that looked more queer. According to hts own story, they say, he was Jn his study from C until 7:.10 on the nUht of the Williams murder. At ihe latter hour he left his study and t alked to Dr. Voxel's, a distance of three blocks, arriving there shortly lefore eight. It occurred to Durrant's attorneys that that was slow time. Later Dr. Gibson modind his testimony, stating that he arrived at the Vogel's a reasonable time after 7:30. Hut according to Mrs. McVey, they point ou: that Miss Williams, If she went directly to the church, must have arrived there at about the same time. Their conclusion is obvious the two were there alone for an hour and a half and their theory Is that, the murder committed, the perpetrator went to the Vogel social and enjoyed himself. Another point dwelt upon by the defense is the fact that the lock of the library door was pried off and by the pastor's chisel, the force they like to talk about. Iioth Durrant and King had keys to the lock, therefore the former would not have forced It. The person who forced tho lock did not have a key to it, they argue. One of their dramatic points Is that Gibson, by his own admission, was the last person known to have been in the church on Friday night and the first one on Saturday morning. In the Iwimont rase they have a new ground for suspicion which has never been made public and did not appear In the preliminary examination. This Is the fact hitherto unknown, but which the defense expects to prove by one or more competent unimpeachable witnesses, that Blanche Iamont had Intended to address the prayer meeting on the eve of April 3. It reens that on Sunday evenir: prrrr .Ir.T Tdir.rhe I,-rant's d!?3rre2r-r- :? c'.d r: r: rd rt tr? rr.etir cf tti

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n JliiCliii Young People's Society of Christian Endeavor, which met before evening service, and at which Mis Lamont was a faithful attendant, that she was going to speak at the prayer meeting on April 3 on the subjeit of "Jly Dual IJfe" and wished to consul: her pastor on the subject. That she did not see the' minister on Monday or Tuesday the defense can prove. They do not expect to show that she visited h!s study on Wednesday, but they can prove by the young ladies who overheard the remark that she intended to consult him. and they can alo show that . Wednesday afternoon was her first opportunity. RIOTS AT PRIMARIES DISf.H ACCFIL TIGHTS HETWEEX POLITICAL FACTIONS AT CIIICWUO. Many People ftafferlnf? rrlth Broken Heiidw nnd Illnck Eyes Toughs in , Possession of Polling Places. CHICAGO, Oct. 2.-Bruised. battered and bleeding, the contending city and county factions In to-day's Republican primaries retired from the field of conflict to take a brief rest, preparatory to fighting the battle to a finish In to-morrow's convention. Both factions claimed victory. Broken heads and blacks eyes In more than a score of primary precincts attested the fierceness of the battto waged between the city and county -factions for control of the convention and for supremacy In the local party organization. .Never before, It Is said, in the history of Cook county were such scenes enacted as were witnessed at many of the polling places in the First Second, Third. Fifth. Sixth, Seventh, Ninth. Tenth, Twelfth, Twenty-third and Thirtieth wards. The disreputable element irrespective of party politics, was attracted to the polls try the bitter partisan surroundings, and thuggery, bulldozing, r!oing, rifling of bal-let-boxes, wrecking of po'.llng booths and terrorism in general resulted. The results of the lota at many of the polling places will b nde manifest in the convention. There will be ontestlng delegates from the wrkU mentioned, and the bitterness aroused ioy the events of to-day will seriously Interfere with thn prospects of harmony. Irr the First ward gangs of toughs kept tlie ward in a reign of. terror from the Jim's the polls opened until they closed. Nearly every polling place in the ward was raided by the gang, which was working for the city faction. Barricades erected by the county faction were broken down, ballot boxes1 were seized and the city faction hell possession during the remainder of th day. In other wards similar disgraceful K.enes were witnessed. In the lirt precinct of the Ninth ward the county fattloit gting raided the pulls, threw the Judges ar'd clerks out and took possession of the ballot box. The judges and clerks who rere thrown out opened another polling p!ace next dcor. In the fou.'th precinct of the Twelfth ward, the c'.ty gang raided the polling place, and thr tne Judges and clerks, who belonged tr. rte county faction. Into the. street, 'the evicted Judges went across the street and opened another polling place, but he gang followed them up, and breaking the ballot box into splinters, drove th Judges away from the vicinity. The Sixth ward was also the scene of disorder and fighting. Several bloody fights characterized the primaries la this ward. So far as can be learned, nobody was killed at the prlmarles.but scores of persons were more or less Injured. In the tough districts decent citizens remained away from the primaries, not caring to Imperil their llves'by attempting to vote. A FURIOUS "JULIET" MAIIGARET 3IATIIEU 1IORSBW1IIPS HER IltSniXD, CJISTAVE PAIIST. Scandalous Affair That Occurred on ti Prominent Residence Street In Clllrrmikee Yesterday. MILWAUKEE, Wis., Oct. 2. Mrs. Gustave Pabst, formerly Margaret Mather, the actress, created a sensation near their heme at Twenty-ninth and Cedar streets, this afternoon, by striking her husband, a son of the wealthy brewer, several times with a horse whip. What was the cause of the trouble no one seems to know, but numerous residents In the vicinity were eyewitnesses to the altercation, which began In, a buggy In which the couple were riding, and which ended at the corner of Twenty-Fourth and State streets, where Mr. Pabst wrenched the whip from his wife's hand as the latter struck him a blow full in the face. . Mr. and Mrs. Pabst were driving along Twenty-seventh street about noon, when suddenly. Just as they were about to turn Jnto Cedar street toward their home, Mrs. Pabst grabbed the whip from the socket ar.J. doubling it, struck Mr. Pabst full In the lace. .Mr. t'abst Jumped out of the buggy and started down the street. The lady drove the horse to a post, hitched it, and followed her husband, overtaking him a block away, where she struck him four times In the face. Young Pabst then wrenched the whip from her hand and threw it away. But the one-sided battle was by no means eneJ, for she clenched her li;t and planted a blow from the shoulder square on his nose. Then Mr. Pabst moved on at a rapid pace, the lady following. The affair took place In, a fashionable part of the city, and was witnessed by a large number of people. The horse was allowed to stand where It wd: hitched until 3 o'clock this afternoon, when the coachman of Mr. Pabst, sr., came and took it away. Mr. Pabst was seen at her home this evening after repeated attempts by reporters. She said it was all a "cruel, cruel falsehood." Young Pab?t has disappeared, but his father and other friends were out trying to have the story fuppressed. One of them said that the whipping was done In a fit of temper; that there was nothing back of the quarrel, and that Mr. and Mrs. Pabst I.ad always lived peacefully together since their marriage. Gustave pabst and Margaret Mather were married in Kenosha, in November, 1892. but the wedding was kept a secret for several ninths, creating a great sensation when it finally became known. The bride soon after left the stage, and has since lived quieily with her husband In this city. Friends of the couple give no explanation for the trouble, and Mr. Pr.bst has not been fonnd since the encounter. At midnight to-night Capt. Fred Pabst and hts son Gaitave called at all of the newspaper offices and denied emphatically that there was any truth in the horsewhipping story. Col. Gustave Pabst said: "My wife did not strike me. There was no altercation and there Is ttrolutely no truth is ttcry,"

TO PRISON FOR LIFE

SUCH IS THE VERDICT IX THE CASE OF THE REV. IV. E. IIWIHAW. After Deliberating Trvo ITonrs the Danville Jury Concluded that He Murdered Ills AVlfe Thurso CRDIE IN SECOND DEGREE THE ACCUSED MINISTER WAS CONFIDENT OF ACQUITTAL. Grtc a Xrrrom Gasp When the Result Was Annonneed and Ills Pink Face Paled Exceedingly. HIS AGED PARENTS' GRIEF THE DEFENDANTS ATTORNEYS WILL ASK FOR A NEW Tit I A Li. Threats Heard at Danville lleforr the Verdict Was Returned Instruc- ( (ion of tlic C'onrt. Special to the Indianapolis Journal. DANVILLE, Ind., Oct. 2. After but two hours of deliberation the jury In the case of Rev. W. E. Hlnshaw, charged with the murder of his wife Thurza, returned a verdict this afternoon, at 4:30 o'clock, finding the defendant guilty of the crime, deciding that it was murder in the second degree, and fixing the punishment at imprisonment for life. Mr. Spaan, Tor the prosecution, finished his argument at a little past noon, Judge Hadley finished the reading of his Instructions at 2:15 o'clock, and a few mlnutes later the Jurymen were locked In their room. Tvo hours later a rap on the door announced that a verdict had been reached, and as soon as the Interested parties cou!d be brought Into court It was announced. The words were in the usual form: "We, the jury, find the defendant guilty of murder In the second degree and fix his punishment a. Imprisonment for life." For a few seconds following the reading of the verdict an awful silence fell over the court room. The defendant's face turned white and he eould be seen to give a gasp. All eyes were turned toward him, and he bit his lip in an effort to regain his composure. The audience arose as If to express approval, but Judge Hadley demanded quiet and ordered the court room cleared. The defendant was taken back to the county, jail, the convicted murderer of his wife. - The finale of the great trial was tragic. The verdict was hardly expected either by the people of the town and county, or by the defendant. Tubllc sentiment has all during the trial adjudged Ilinshaw guilty, but It has- not been thought a conviction was possible Vith the evidence presented. The suave manner of the defendant up to the return of the verdict lost him 'some friend.?, but .the most hardened could not but pity him when the blow came, for the confidence borne made It the more hard to bear. More to be pitied, however, are the aged parents of the defendant, who had sat by their youngest son during the long hours of the trial, and their grief, upon hearing tie result, cannot be expressed In words. The old mother sat' on a porch across from the jail when , her son was taken forth to hear his fate. She waved a hand of encouragement toward him and then sat praying silently that her boy might return in person with good news, but instead she observed him being taken back to the jail and then a realization of the rcpu'.t came to her. ' Since the murder of Thurza Hlnshaw at Belleville on the 10th of last January Hlnshaw has had every opportunity to clear himself of all responsibility of the crime. His own story and his actions following the tragedy first began to attract eusrieion anil raise in the public mind the thought that perhaps he and -not burglars killed the wife. The suspicions grew and th circumstances began to gather about the preacher. Up to the time of the tragedy he was a man of excellent reputation, a preacher of -the Methodist Church who had dono good work. He had a host of friends who put nearly as much, faith in what he said as they did in the gospel he taught. He was taken before the coroner, but his statement there was contradictory and not such as would divert suspicion. He waa represented at that time by attorneys. He had an attorney and two phyficlans at the post mortem held on the body of his wife. He employed a detective to gather evidence to sustain his story that burglars had shot his:wlfe. If Innocent he acted Imprudently following the tragedy, and If guilty he acted as a criminal might act. He began to make a defense before he was openly charged. He made explanations at the time which were not called for, and later he failed to explain things needing explanation. During the trial he has had some of the best attorneys of the State defending him.-They have worked untiringly in the collection and presentation of evidence, and they brought out every point to the defendant's favor in the argument. Judge Hadley's instructions to the Jury, were fair and favorable to the defendant, if to either side. During the trial the defendant had the moral support of his old church members, who have been faithful to him through all his trouble. Notwithstanding all these things, twelve reputable citizens of Hendricks county have decided that Hlnshaw lied when he said burglars killed his wife and that he did bo to cover his own crime. AN INCIDENT OP THE SENTIMENT. The defendant has had against him all during the trial local public sentiment. Except for a few friends who rallied to his slde, a majority believed him guiltj. Thl3 sentiment has grown since the defense declined to put Hlnshaw on the stand. Of course, the Jury were not In touch with public sentiment, as it has existed since the trial, but It could almost be felt In the court room. An Incident of Tuesday shows how the community looks upon the case and indicates that the verdict Is thought to bo deserved. About three hundred farrr.ra were c-thtred at

a stock sale near the Hendricks and Putnam counties line. During the afternoon the auctioneer said: "Gentlemen, you seem to be losing interest in this sale. Let us do something for a change. Suppose we vote on the guilt of Hinshaw." All those who believed the accused preacher to be guilty were to hold up their hands. Every man present held up a hand, and when an expression upon innocence was asked not one voted in favor of Hinshaw. Of course, such demonstrations did not decide the man's guilt or innocence, but it illustrates how that guilt or innocence is regarded by the people who live in the same community with the accused, and who have talked the facts over among themselves. Notwithstanding this sentiment, the verdict was a great surprise. Not a few bets were made upon the result, and it was difficult to find any one who would wager on a conviction. It was generally thought that the jury would disagree or acquit and a demonstration of some kind was feared. Judge Hadley took precaution by ordering that the court bell be not rung upon the return of a verdict, as is the custom. A crowded court room was not desired. When the verdict came in the lawyers in the case were notified quietly, and Hinshaw was brought from the jail in as quiet a way as possible. During the day many dire predictions were heard on the streets of what would happen in case there was an acquittal. Much of this talk was furnished by residents of the Belleville district, unfriendly to the defendant. One man during the deliberations of the jury was heard to say that he would be "one of a crowd to hang" the defendant in case there was an acquittal. Another man said he favored running him out of the county, another said he thought he should be shot. The expectations of an acquittal predominated, which accounts for the ugly expressions heard. Some men of good judgment believe that an acquittal would have been followed by another tragedy more of a disgrace to the county than was the murder of Thurza Hinshaw, but the men of Hendricks countyare too stable to have permitted any disgraceful action upon tne part of the hotheaded ones. It Is safe to say, however, that William E. Hinshaw could not have returned to his pastoral work in this county had the verdict of the jury left a doubt of his innocence. HINSHAW'S DEMEANOR. The demeanor of the defendant to-day was extraordinary for a man who realized his liberty, and perhaps his life, were to be passed upon within a few hours. He was cheery and smiling. His actions may have been due to confidence, but to the minds of most people he was like the boy who whistled while going through the grave

yard; that is, it was all bluff. Hinshaw came into court with his face fairly beaming, knowing full well that Mr. Spaan was to say of him the most bitter things and urge his conviction to the jury. The defendant took his seat in the morning as if he might have been taking his place at a conference. There was nothing in his manner to indicate that the day was a most eventful one to him. He sat with his feet on the rounds of a chair in front of him, and smiled slightly when Mr. Spaan began. As the lawyer continued Mr. Hinshaw showed more interest and most of the time he looked as if he were analyzing the words and logic of the attorney. At times a look of scorn played about the mouth of the defendant, but not for a minute did he lose his confident air. When the defendant was brought in to court at the afternoon session to hear the instructions to the jury, a crowd was standing by the south door, Hinshaw smiled and spoke to those he knew. He was dressed in a black clerical suit, his face was freshly shaven, his shoes had been recently blackened and his hair was combed slick. Passing into the court room he smiled and spoke to his friends, shaking a number by the hands. While the instructions were being read Hinshaw kept his eyes riveted on Judge Hadley, and at the conclusion he turned and in a jocular manner shook hands with his friends. He laughed and talked and expressed relief that "it was all over." Sheriff Bell passed with him from the room and as the officer and his prisoner were going from the room Hinshaw slapped the sheriff on the back, poked him good naturedly in the side, and passed some joke. HE GAVE A GASP. When the court convened to hear the verdict Hinshaw came in with a confident smile on his face. He seemed to realize the solemnity of the occasion, but there was that manner about him which he has carried all during the trial, which could not be shaken by any uncertainty. Only when the words, "imprisonment for life" were read, did this manner depart. Then it was that Hinshaw paled. His hands clutched restively and he gave a nervous gasp. His eyes appeared dim. He was in a daze, but soon red spots appeared on his face, telling of a resumed circulation, and he mads a desperate effort to compose himself. He was not kept long for Sheriff Bell walked with him from the room. Hinshaw's step faltered, and his head hung forward. His eyes were filled with tears and his lips quivered. He leaned upon the strong arm of the sheriff for support and the two walked back to the jail without speaking a word. When a point was reached where the boarding place of defendant's mother could be seen, he looked in that direction and gave a convulsive sob. The twomen passed in the jail and Hinshaw was again confined to his cell, with his memory of the truth of the tragedy for company and a life imprisonment facing him. He was left to his own thoughts, no one being allowed to talk with him and reporters being excluded. A few of his friends called to extend their sympathy and express their firm conviction in his innocence. THE LAST DAY. Attendance Somewhat Lighter than on Tuesday -- Closing Scenes. DANVILLE, Ind.. Oct. 2. The trial has been one of surprises. The State finished Its case sooner and more abruptly than expected. The defense finished two days sooner than anticipated. The rebuttal was short, lasting but two hours. Mr. Spaan closed his argument to-day, and it was generally expected that the jury would take at least one day for consideration before returning a verdict. The verdict came unexpected. Mr. Duncan, for the de-. fense, had gone to Indianapolis, and Mr. Spaan was on the way to the depot when the news of a verdict was reached. Mr. Spaan spoke with great earnestness during all of the morning. His voice weakened and became hoarse toward the close. He considered the argument as outlined in yesterday's Journal, and it was with intense feeling that he said in closing: "Sympathy is human, and we expect you to sympathize with these relatives and friends. But, gentlemen of the jury, I ask you to take me by the hand and let you and I go and stand at the midnight hour by the body of poor Thurza Hinshaw, lying with its face to the stars and the snow falling in her hair, and there write your verdict" It was said by all that Mr. Spaan had made a strong argument, and many believe he was largely responsible for the verdict. When he took his seat Judge Hadley adjourned court until 1:30 o'clock. The attendance during the morning was large, but not so great as on Tuesday. The room was packed, however, with people who came to hear the court's instructions. The defendant's mother was present, but she was not in court during Mr. Spaan's argument, for it was thought that what he said could not help but be a shock to her. Judge Hadley rapped with his pencil for order is his impressive manner, beginning with loud raps and then regulating the sound to the decrease in confusion. The room was very quiet when he began to read the instructions. He read slowly and carefully, as if he expected the jury to weigh every word. It was said by everybody that the instruction were fair to both sides. Some of the attorneys present who are not interested in the case expressed the opinion that the charge slightly favored the defendant. There was a rustle in the court room at the conclu-

sion of the reading, and again Judee Hadley tapped for order. Deputy Bailiff Taylor-was sworn and the jury turned over to him. The court room was cleared and the Jurymen were marched to their "loft." Deputy Taylor left tlura locked securely therein. The crowd hung around the 'Ourthoue for some little time, but the opinion that no early verdict would be returned prevailed, and people began returning to thir home. After the Jurymen had been deliberating for a half .hour a fals? alarm was started, and people came running toward the courthouse from every direction. This report started from the circumstance of Hinshaw's. brothers taking a walk. It being thought that they were going to the courthouse. In the courthouse yard were " several groups of people, many of $hem the supporters of Hlnshaw. On the streets there was muen guessing as to the result, and guesses and wagers were made. ' ..Judge Hadley. with a number of friends, sat in his office talking about things foreign to the Hlnshaw case. Judge Hadley was asked what he thought of the case and he replied: "I have confidence in that jury. It is composed of the best of Hendricks county. If a verdict of guilty is returned I shall believe that the evidence of this case, in the minds of conservative men. warrants It, and . If a verdict of, acqutttal is brought in I shall believe the juror acted honestly and In the light of the evlaence." Judge Hadley said no case ever went to a Jury betttr discussed. To prevent any demonstration anil a crowd he ordered that the news of a verdict be keDt quiet, and that, the bell be not sounded. Consequently when word came from the "loft" at about 4:20 o'clock great secrecy was preserved. The attorneys were notified by messengers, and the sheriff was instructed to bring the defendant Into court. In a few minutes all was ready and the Jurj-men marched into their places. Jerry McCiain. a farmer of the eastern part of the-county, had been chosen foreman. Th other members were William J-eech, William Hunt. Fielding Huddleston. C. A. Surber. C. CI Htgglns, Stephen Fowler. Baxter Vestal. It. K Dillon, Alien Wcddell, Alexander Surber and A. W. Swear! ngton. The court room was but half filled, but the people kept coming in all the time. There was no cause for delay. Judge Hadley asked If a verdict had ben reached and Mr. McLaln replied that it had been. The paper upon which the verdict was written was handed to the clerk and then to the Judge. There were a few moments of suspense and then Deputy Taylor began to read: "We, the jury, find the defendant" there was a pause, during which Taylor was observed to swallow "guilty of murder In the second degree, and , we fix his punishment at Imprisonment for life." There wus confusion in the room. Some seemed to think that an expression was needed, but Judge Hadley demanded order. The Jury, one and all, said the verdict was correct. The Jurors were discharged. Many remained to grasp them by the hand and congratulate them, but In a few minutes' time the court room was cleared of all peonle and the news of the verdict was carried through the town. The jurors were reticent regarding the manner ii which the verdict was reached. It Is announced that eleven voted for conviction cn the first ballot and one for acquittal, but the one vote was a "feeler." It was decided that a conviction was necessary, rnd little time was lost In preparing the verdict and fixing the punishment. All of the jurors Fay It was an undesirable and painful duty. Mr. Hogate, for the defense, immediately gave "notice of a motion for a new trial, which may be made at anv time of this term of court. Mr. -SnaaTi was well satisfied, and said he .would have been surprised had the result been otherwise. He is firmly convinced of Hinshaw's guilt. . THE IXSTRKTIOSS.

Jndure Ilndley Delivers the t'hnrge to tlie Jury. After reading the indictment, Jude Hadley delivered the following instructions: "This inTctmcnt is technically a charge agalrst the defendant of murder in the first degree. Dut tinder such a charge of murder In. the first degree. If the evident? justifies, the accused cm be frmnd guilty of any of the lesser flf.?rps of felonious homicide defined In the statutes of Indiana, namely: Murder In the Rrrt degree : murder In the second decree, and manslaughter. Counsel for the State In this esse has exrrrsslv declared In yo.-? hctring that thft defendant li guilty of muer. in the first dree or second degree, or that he is innocent of any cr.mc, but in this case you are the juices of the law and the evidence, and, notwithstanding the declaration of the State's attorney, you have the right and must dtermpe for yourselves whit cTogrce of fe!on?ous homicide the defendant is Ku'.lty cf. If guilty of any at all, under the law and evld;n?e, as 1: has been adiuced before you. "The statute of the State of Ir.dl.ma thus defines the crime of murder in the first degree, so far as applicable to th Indictment and the evidence In this cise: 'Whoever nurpcselv and. with premeditated milIce kills any human being is guilty of murder It tV first degree.' And the statue of Indiana d?fkis the crime of murder In t'e second degree as follows: 'Whoever purposely and maliciously, but without premeditation, kills any human belns;. Is jruilty of murder In the secn decree.' And the siatrte of Indiana defines the crime of manslaughter as fellows: 'Whosoever uv lawfully kills any human beini. without rwillce expressed t implied, either voluntarily upon a sudden heat, cr involutarlly, but In the commission of rome unlawful act. is eullty of manslaughter.' "It will be ncted that manslaughter may be either voluntarily or Involuntarily committed. . "The unlawful killing of a human being wither! malice, expressed or implied, voluntarily upon a sudden heat; constitutes voluntary manslaughter. - "The unlawful killing of a human te'ng without malice, expressed or 'mplid, invo'.untarilv, but in the commission of seme unlawful act, constitutes Involuntary manslaughter. "To the chars?, as thu3 coiiiain-M in the indictment, which covers ar.1 embrace

and murder in the second degree, tnd voluntary and unvoluntary manslaughter, the defendant has pleaded not guilty. REASONABLE DOUBT. "I'pon the Issue thus Joined the defendant has been put upon his 'trial. He Is not called upon to establish his innocence, for notwithstanding the indictment against him. fcr all the purposes of this trial, the law presumes htm to be innocent of the commission of any crime; this presumy'.lon stood in his favor, not only at the beginning of the trial of this cause, hut continues throughout the entire trial, and there can be no conviction In this cause unless the evidence in the cause has wholly removed such presumption, and has satisfied you beyond a reasonable doubt of the guilt of the accused. "And at this point the court will explain to you what la meant by reasonable doubt. "The rule of the law touching reasonable doubt Is a practical rule for the guidance of practical men when engaged In the solemn dutv of asistlnx in the administration cf Justice. It la not, therefore, a rule about wh'ch there Is anything whimsical or chimerical. It is not a mere possibility of error or mistake that constitutes suen reasonable doubt. Despite every precaution that may be taken to prevent it, therj may be in all matters pertaining to human affairs, , a meie possibility of error. If, then, you arc sy convinced by the evidence, of whatever class it may be. and considering all the facts and circumstances In evidence as a whole, of the guilt of the defendant, that as prudent men you wouli feel safe to act upon such conviction in matters of the highest concern and Importance to your own dearest and most important Interests, under circumstances where there was no compulsion cr coercion upon you to act at all. then you will have attained such degree of certainty as excludes reasonable doubt and authorizes conviction. "In this case there has fceen no direct and positive testimony that the accuse! did kill his wife. The evidence tending to establish this fact. If It does fo tend. Is Indirect and circumstantial In Its character. You are the sole and exclusive Judges of the weight of the testimony. Tho court has no rlsht in the least to express to you any opinion as to the weight of the evidence, and will not do so. And you must not take any statement of . the court In these Instructions as In anywise express. Ing any opinion as to the wieght which you should give any of the evidence Jn this cause. Yet It is made the duty of th? court to advle you as to the law of th? case. And upon the question of the measure of prof required where the evidence Is wholly circumstantial. thecourt instruct you that the law Is: 'Circumstantial evidence is, in its nature, capable of the highest degree of moral certainty, yet from its very rature it requires careful and paMfnt consideration. The true test by which t! determine the value of circumstantial evidence, in rcsne-t to its sufficiency to warrant a conviction In criminal cases, is not, whether the proof establishes crcumstances which are consistent cr which cclnci.l? with the hypothesis cf the guilt of (Uc ;ttn-r J cn l'crth : .":0

CAST FIGHT IS TEXAS

COIIHETT AM) -FITZ" K()( MID OI T II V THE lAUi 1 9 LAT t It E. 1U1I PfisNcil by Unfit Houses In Three Hours Making: I'rise-FI sclttlnit A Penitentiary Offense THE LAW NOW IN EFFECT OM.Y SIX X EG ATI YE VOTEH IX ALL CT ACiAPVST THE MEASl HE. Culberson Conftrit tain ted on Ills Vietory English Champion Valentine Heated , by Mclveever. AUSTIN", Tex., Oct. 2. There, will be no prize fiRht at Dallas Oct. SI between Corbett and Fltzslmmons. This fact was settled this afternoon by' the Texas; legislature In exactly three hours by the watch. The two committees, one in th Senate and the other in the House, gav audience to Dallas attorneys all the morning to ascertain their objections and protests to the passage of the law. After hearing them until noon the two committees adjourned. This afternoon when the two houses met, at 2 o'clock, both committees were ready to report, and the Senate bill was very promptly considered. Fiom the time the bill was placed befpr the Senate until It had finally passed waj exactly fifty five minutes. Iurintr this time Senator Dean offered the bill and Senator Lasker spoke In Its favor. These were the only two gentlemen who ?oke on the bill, the others satisfying themselves by voting. The vote on the final passage of the bill was twenty-seven yeaa and one nay. Dean being the negative vote. The bill was Immediately sent over to the House, and at 4 o'clock that body began discussing It, substituting the Senate bill for the House bill. After eeverad members had spoken on the bill and tha emergency feature pro and con, a " final vote was reached at 6 o'clock precisely, and the bill passed the House by a vote of 110 to 5. Thuy, within three hours, did the Texas Legislature forever put an end to prize fighting in Texas. This time yesterday It would have bea impossible to have passed this bill with an emergency clause. There were only ninety-two members present yesterday, ' and of that number fifteen were opposed ' to the emergency clause. It was necessary to have rlRhty-slx votes "to carry the emergency clause. The administration forces readily saw that the minority wouli "do them" If the matter came to a vote, so they Immediately wired all their fronds to come here Immediately, and then sat about killing time until their forces could arrive. They had eighty-two only last night, but. the absentees came flocking in on to-day's trains. Kach additional arrival added to the administration forces, and when everything was arranged the rcsh for the vote wa made. The fight 'managers were confused at i the way th Solon swarmed In this morning and practically gave up the !b?ht by 3 o'clock this afternoon. It was almost a 'certainty thla morning that the Populists would bo called over to the Dallas elde of the question, but a cog was slipped, nl this' evenlnj they voted with the administration forces, which cinched the matter. Governor Culberson's friends consider It a great victory for him and lost no oppcrtunity to-night to congratulate his Excellency on the outcome of one of the hottest and, it might be safely termed, on of the blttereat as well as shortest political fights ever brought up in the Lone fctar State on any one single man. The bill that will prohibit prize fighting in Texrs ia future, as passed, to-day, reads follows: "Section 1. Be It enacted by the legislature oL the State of Texas, That any peron who shall voluntarily engage In ft pugilistic encounter between man and man cr. a tight between man and a bull, or anv other animal. lor money or other thins of value, or for any championship, or uron the result of which any money or anything of value Is bet or wagered, or to see which any admisson fee Is charged, either ' directly or indirectly, thall b . deemed guilty of a felony und upon conviction shall be punished by imprisonment in the penitentiary not less than two no more than live years. ".Section 2. By the term 'pugilistic ea counter- as used In this act, Is meant any voluntary flght or personal encounter, by blows of the fists, or otherwise, wnether with or without gloves, between two men for money or for a prize of any character, or for any championship, or for any otr thing of value, or upon the result of which any money or anything of value is bet or wagered. . "Section 3. That all law tavi parts cf lawn in conflict herewith be and the same are hereby repealed. "Section 4. The fact that there Is nw no adequate penalty against prize figMinr or pugilism, or against fights between man ar.d beast, creates an imperative publla that this law should take effect and bp la force from and after its pame, and It 13 T&'ihr SrtSfoM bill w. unfcr ! cussion In the House yesterday Representative Evans, of Hunt, offered an amendment to strike out the clause with reference to a fight between man and a bull, claiming that Its presence in the bUl made tt unconstitutional. .As there was some discussion on the matter last night in the lobbies a reporter hunted Mr. Evans up, and In reply to a question, that gentleman .vild: The Serrate bill, which passed the Houe, contain two subject?, and is ia violation S Article 3. Section 35 of the Constitution of the State of Texas, which provides ttot no law stiaU contain more than one subject, which shall b expressed in its title. A' plain and simple law against prize fi?htin was the occasion for the assembling of the Twenty-fourth Legislature, and aa Representatives we shciUi nt have endangered the law by attempting to prohibit a brutal prar'.ice that occurs only 13 a foreign country." , I)nn Stonrt Talks. PALLAS, Tex., Oct. 2 Dallas people thronged the streets dlsrawlng the news from Austin to-night, and the general sentiment is that the question Is finally settled, and that all Idea of folding the mill here must be abandoned, fald Dan Stuart: "The contest will not come off In Texas. We have proceeded so far. under the lasr. We did not touch a stick of timber till th highest judicial tribunal of Texas in criminal matters 'decided there was no Ihtt against glove contests on tlie statute books. The Legislature was called to remedy th defective law, and that is an end of it." "What plans have you now?" was asked. "That Is a matter to be determined by the Florida Athletic Club." sai l Mr. Stuart. The oRlcT3 of the club will meet here cr In New York and decide. We have thro points in view as a location." "Whit do think of the Governor'o courser was the next question. "1 have nothing to .y in criticism cf the Governor," said Stuart. "He has dor. what he thought was his duty. Nor do I look upon th result a any reflection cn my course. 1 have proceeded under t'. law as It was. fairly ami quarrly, d.;'.: ; my best to keep mj' coniract with all c :: cerned. 1 will still proce 1 under the U -as it Is and hunt other fields. You fee am now and have been strictly law tl Ing. The contest Is coming erf, but in of that hereafter." Peter Maher, of Pittsburg. t" heavy weight who Is ;to fight O'P. . nel, arrived to-night. He rail: am sro'.ng to tra!n in IValUs. 1 r.i!l ! ready tr meet O'lonnell whenevrr t fht trill tt jullrd cff. Cscu:5 f:

necessity and emergency requiring in- suspension of the constitutional rule. requiHr-km-ti Vw read on three severai days ar.d