Jasper County Democrat, Volume 7, Number 24, Rensselaer, Jasper County, 17 September 1904 — PROSECUTION IS FOXY [ARTICLE]

PROSECUTION IS FOXY

Produces a Witness in Court Up* on Whose Absence the Defense Counted. GILLESPIE CASE IS CONTINUED Goes Over to December by Judge Cornet’s Decision—Fusion Populist Convention. Rising Sun, Ind., Sept. 16. Judge Cornet, of Versailles, succeeded Judge Downey on the bench here for the trial of James Gillespie, Mrs. Belle Seward and Mr. and Mrs. Myron Barbour for the murder last December of Elizabeth Gillespie. Counsel for the defense announced to the court that a motion for continuance was pending. Myron Barbour was arraigned under a second indictment for perjury at the last trial of the case, the indictment returned Wednesday being defective. Barbour was released on $1,500 bail on the indictßMßt for perjury. Proeeeuttoh Springs • Surprise. Before filing their motion for a continuance until December because of the alleged absence of Ellsworth MeQuithy, an important witness, the attorneys for the defense presented an amendment and supplemental plea in bar, raising the former contention that the defendants had once been in jeopardy. While argument on the plea was being heard Ellsworth McQuitby appeared in the court room. It was understood that the prosecution bad arranged with McQuithy to be ready to present himself in eourt when the defense asked for a continuance on the grounds that he was missing. The defense continued a long argument of their plea in bar. Case Continued Until December. After hearing arguments on the motion for a continuance, Judge Cornet continued the case until Dec. 7. The attorneys for the defense alleged it would be impossible to have all of their witnesses in court at this time. A pathetic incident of the day was the appearance of the mother of .Tas. Gillespie in court. The venerable woman walked into eourt on the arm of her son, Dr. William Gillespie, to sign the bond of Myron Barbour on the indictment for perjury.