COURT FREES GLADYS TRUAX OF SECOND DEGREE MURDER CHARGE

Owen County Democrat July 25, 1935

Instructed Jury to find for Defendant at Close of Presentation
of Evidence by State

Motion Filed by S.C. Kivett, Defense Attorney, Shortly After
Noon Monday.


Trial of Mrs. Gladys Truax, 51, charged with second degree
murder in connection with the fatal shooting of her husband,
Edward Truax, 59, at their home north of Gosport on February
12, 1935 was brought to a sudden and dramatic close in Owen
circuit court Monday afternoon at 2:30 o'clock when Judge
Donald A. Rogers halted proceedings and instructed the jury
to return a verdict of acquittal for the defendant.
Judge Rogers gave his instructions to the jury after granting
motions of S.C. Kivett, defense attorney, that the case be 
dismissed on the grounds of insufficient evidence to convict.
Kivett prepared and presented his motion shortly after noon at 
the close of the State's presentation of a long list of witnesses
that had filed in and out of the witness box for more then ten
days and at 2:30 Judge Rogers called the jury before him.

In instructing the jury, Judge Rogers made John Loy, foreman and
told him that it was his duty to sign the acquittal verdict prepared
regardless of his belief concerning the guilt or innocence of the 
defendant.
Acquittal of Mrs. Truax of the charge on which she was being tried
did not come as a surprise to those who followed the case closely.
After the first few State witnesses had testified with nothing of 
great importance being disclosed, the belief gradually grew that the
defendant would be found not guilty.
That the case was brought to an abrupt end with close of evidence
presented by State witnesses however, came more or less unexpectedly
to many.

Submitted by Debbie Jennings