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THE INDIANAPOLIS VilLL CASE . ARGOIIEKTS. Mi:. suu;tss pui:i:,vtatiov of txiu casu ion the nurnxsE. IT Critic! John M. ittlerJ Teitl-mony- Teitl-mony- Teitl-mony- Teitl-mony- Oth-r Oth-r Oth-r lJnt Mr, Kpe Implicate Implicate IlutcblniJ Case "Will Go To th Jury To-Morrow. To-Morrow. To-Morrow. KorxisviLLE, Tthfxmrj 13. The Mo-I)oruiM Mo-I)oruiM Mo-I)oruiM will trial, which bejran January 23, Mill, in ell nrobabUity. K to- to- ibe Jury to morrow. This mornin? George- George- Shirts, of KoMesTille, spoke for the defendant. He paid some auction toMr. Cropaey'a opening UteuiPDt or painti2's, and shewed how the J laintids had changed their gifound from first stated. "It was left," said Mr. Shirts, Mto Jlri Kane to assail Mr. McDonald and put venom In this case." He characterized James II. AVoodward (''Jayhawker") as a man without without a business, without a home, without a political party, and ditaected his innuendoes innuendoes as toMra. McDonald' inability to gtt into ociety-IIe ociety-IIe ociety-IIe called attention to the faot thai theaecond . paee . ot the. will, that which ' contained the unatnrcs alo contained the names O. S. McDonald, aa error for Malcolm Scott McDonald, and said that this page had at frit ben accepted as genuine by plaintiffs, who only denied the first page. but. who subsequently repudiated the entire document document as spurious. lie then ahowed that plaintiffs hud abandoned several other positions, one that assumed that the will had not been made in the offitfe of McDonald McDonald & Butler, another that it had been letter-pressed, letter-pressed, letter-pressed, and asserted finally that they had been routed on their expert tesU-. tesU-. tesU-. tnouy as to the superposition of names. THE SAFE COMBt-ATIO!C COMBt-ATIO!C COMBt-ATIO!C ; " "Then," said Mr. Shirts, "comes the safe combination. Is there any evidence ;that McDonald could open the safe? If he could not opci it himself, how could he "impart the knowledge of the combination to-hia to-hia to-hia wife or to anybody else? Ah, says Air, Cropsey, he of paper. had it on a piece But that piece been produced. iwner has never is not in evidence, and the Court says it is not to be considered It you remark what is said about this paper you will not regard the oath you have taken. Then you are told there were twO'keys to Mr. McDon a'd's drawer in the safe. Mr. McDonald never 6aid lie had another key made, lie - said he had found hia key. They say some-body some-body some-body had another key made Isurreptitoua- Isurreptitoua- ly. John M. 13utler aavs the kpy produced here as the key of Mr. McDonald is not the one he cave to him lor it has no name or number oh it They tell that there-was there-was there-was a Wonderfully scientific job. Would, it be a cientific job to put . a new key on the rlnjr instead of a key that had beeaAused . for twenty years for ! this waa second-baud second-baud second-baud safe, lit ' Sutler went on the evening j of the funeral t- t- Mrs. McDonald. She gave him the ring ' of keys containing this one. If she was the villain, the former, they say she was, ' would she have put a new key on the ring - instead of the old one? .' ,",-'' ,",-'' ,",-'' TUB 6HOKTHASD KOTES. ' - They say no shortlijand notes of the will can be found. Didn't: they start in to show you that Joseph E. McDonald was a real old-fashioned old-fashioned old-fashioned lawyer, who did not dictate at all? .Then came Lowes, the stenographer who' tells that there was no trouble about Mr. . McDonald's ' dictation, except except that .it was so rapid ,St waa hard work to keep -up -up with him. The note-bop note-bop note-bop fc f that particular period is pone. It was not in our possession. No-" No-" No-" body says we can get into Mr. Butler's law oftice and get anything. Malcolm. McDonald McDonald starts to find -that -that book,. He goes to Carpentersville and looks through the trunk of Arthur Hutchings. In answer to old man Hutching, he says he can read shorthand, shorthand, but is not an expert. He is hunting for the book- book- that contains notes of the will, and, opening a book, soys to the old man that he has found what he wan tea. He puts it under liu coat and comes away. The book he 'produces here in court is not the book that the old man says, he took away. The book he took away was larger; he put it under his coat because i he could Dot put it in his pocket. Do you believe that old man, committed perjury lie who has no interest m this case is be whose memory is likely to be the best. You will take the memory of the old man against that of this man, who certainly had an in- in- tt In aurmrpnsinf? that book. If il-e il-e il-e tA. day, bad . that short-hand short-hand short-hand book here. - who knows what " it would' disclose? disclose? Muck McDonald' did not put tht book in his pocket It was too big, HUU A aj liv Mtt. uvi nwwunn vt iui ui. per- per- fortuance at Carpentersville. Mack now says he ran not r;ad shorthand. He could read enough to know that he-had he-had he-had found what he . wanted. Another thing,- thing,- he got-some got-some got-some paper paper out of the trunk. He takes them to . this flice of. Butler, Snow & ButlerK and then tikes the liberty of tearing theni up. They-carcfully They-carcfully They-carcfully preserve this book which is shown here. Vhy did not they preserve the pa.rers? If I had permission I could ea into Mr. Butler's fliee and get a hundred bonks like this. - Then there is Mr. Butler's testimony, the alleged conversation between Mr. Butler and Mrs. McDonald. Mr, Harris has already already commented on the character of the - preat lawyer, John M. Butler, who came His evidence was the argument of a lawyer. Vhen he first figured out that conversation In his mind, he 'bethought himself, we would say that he was deaf and could not hear. He proceeded to hedge by shying that his talk with Mr. McDonald was a repeated ' messat'e. He would have you understand that there ran be no mistake about this, because because Mr. McDonald had him repeat it Yu could not r got him downi to an exact opinion of the signature; but here- here- there was no audience to contradict contradict "Isn't this Mr. McDonald's f signature. Mr. Butler?' 'I am not going lo H say.' Is this Snow's? I am not going to ! say. In the privacy of Joseph II McDon aid's chamber, with the hc:J girl driven out, hi wife down stairs, there is a good, safe place for Mr. Butler. The testimony of Mr, McDonald's elder brother must be sent. for. Is not the thing tsure enough when John M. Butk-r Butk-r Butk-r has1 his grip on it? I do not believe that Mr. Butler had that conversation. That conversation a- a- nines that Mr. McDonald was suspicious 'of his wife. Had Mr. McDonald any suspicion suspicion ot her from the time he married her to theiWy of his death, to tell Butler ail the ront-riu ront-riu ront-riu of his will' would be a waste of worls. AVa it not enouch for ' ftutler to know 'where th will was? There is tjo consistency about that story ex-tfvt ex-tfvt ex-tfvt uin the a.urooiion that Mr. McDon-. McDon-. McDon-. aid had a"sr.i,;ion that somcVdAiy would : laijipfrwith ihat will. If he ht such a. suspicion, is it not more reiisonale to snp-pof snp-pof snp-pof tlmt he woui ! have smil to Mr. Butler, 'John, take my wul over to Mr. Hanphey, he is in v eici i.t r, an.i have hiui put it in the vault at the bunk? OtTSIPH OK THE EVIDrXCK. S ''When they are Intimating that thewife of Mr. M-Donild M-Donild M-Donild wai attempting a forgery Of tar.t will tLcy nre living sometl.ii. j for which ture is r,t ti e l.-it l.-it l.-it warrant of evidence. evidence. V.'hen the -hr.rch -hr.rch service was held at the 1 onic ilid it l-k l-k l-k like Mr. McDonald was " ';'i-ii)us ';'i-ii)us ';'i-ii)us jf hia wife? Not at all. He a'd to his j-Kto-, j-Kto-, j-Kto-, j-Kto-, j-Kto-, ;Mis. Trances, .'i.'i.'i. '.Yon put a cl.ur Li rt- rt- at tiio bead of my l e i f ir Jr,.ct..,inc.' Art l this was at t.e time Jjl.a M. Biuler f.-s f.-s f.-s he -wus -wus ! .;-:,us .;-:,us .;-:,us of her. IT w.: at that vry t.-ua t.-ua t.-ua tUiuli-i tUiuli-i tUiuli-i vi ilsi. IfcDoiiRlJ and her wants and said, 'John, you tmi't cet niw some money for Jouephiue.' There is nut au act of Mr. McDonald's from January, l.-si, l.-si, l.-si, to his drtith that does not show 'bis utmost confidence in Josephine, Josephine, t-hali t-hali t-hali we assume that he, waa living w ith a ffnrera"d a burirlar?" Mr. 1 ishhnck linterrupting-"Mr. linterrupting-"Mr. linterrupting-"Mr. Kane said a thief." '?'" -They -They trll you that not sati&fied wth one forged will, but that two were forgei,'eoa-tinued forgei,'eoa-tinued forgei,'eoa-tinued Mr. Shirts.- Shirts.- 'That it was over-4one. over-4one. over-4one. Do you suppose that :any forger would forge two names where one wculd be sufii-? sufii-? sufii-? cient? That lie would forge sia where three would be enough? No, this will is genuine; and you believe it AVerare all agreed that Mr. McDonald made a will; titat Snow and Danit-" Danit-" Danit-" signed it; that it was made Auruist 20, 1!K), and that it waa made on a typewriter the same as the previous previous will made ia 1SS9. Mr. lteveridge fails to reeollect that ha witnessed this one, but James E.-franklin E.-franklin E.-franklin recollect. Ihe positive evidence of one man who says a certain thing waa done shau not be out weighed by that of a negative witness who can not recollect Franklin was a financial annex to the McDonald & Butler office. lie was a small Inwver and wanted a large- large- law yer to help him, and he got Mr. McDonald. These large lawyers " who are getting large fees from small lawyers will stand a -large -large amount of strained relations before breaking up . the combination. No confidential relations were needed between Franklin and Mo- Mo- Donald to have Franklin sitrn his' name to a will. Air. McDonald did not even tell Snow and Daniels the contents-of contents-of contents-of the will they signed, lie merely asked them to sign their names." b Mr. Shirts took no the executed will and weighed the value of the evidence, of bank ers, business men ana experts, lie took up the question of undue influence and asked the jury to talc? in all the surroundings and put themselves tn i!r. McDonald a place. - Mr. Fibhback. occupied the afternoon in the dosing speech for the defendant Mr. Winter will close for plaintiffs to-morrow to-morrow to-morrow ' MR. KANE'S ARGUMENT. lie Is Inclined to Suspect Yodng Ilntch- Ilntch- . " lags Other Points, s ; t?peelal to The Indiacspolls News. Nobiesviixe, February 15. In the McDonald McDonald ease yesterday afternoon Thomas J. Kane, of Noblesville, following Mr. Harris, of Indianapolis, spoke for the plaintiffs. I am not going to spend any time, said Mr. Kane, in proving to yon that Snow is an honest man. lie ia a man who has been . imposed on. His testimony was taken to a forged and dishonest instrument an.d when his attention Was called to it he repudiated it as a man ought to do. When this duplicate duplicate will came up, Mr. Snow remembered he had seen but one paper. Daniels did not want to look at the carbon -copy. -copy. 'I know,' he said, it is not my signature ; I never signed but one paper.' I do . not think this jury believes . Mr. Harris read Daniels's, testimony fairly. He read bnt a port of it Here is a forgery of a will, and the attention of Snow and John Maurice Butleif is direct ed to it They examine it Young ButlerJ Knew wnat no waa uuaintr auoui. ; jie aaia; This isn't the signature of Mr. McDonald ; this isn't the signature of Snow, or of Dan iels; these signatures are forgeries.' It was then that the counsel' of .the plaintiffs In this case found it necessary, wnen this car bon cony waa produced, to file the para graph of the complaint you are trying vL is case upon. This carbon copy was dragged from the defense by the order of the court. and it was then produced. Then it was that John Butler discovered that a wrong had been donef then rMr. Snow discovered that he hod been imposed upon by the defense and he repudiated the whole matter. matter. . It Is not fair that John But ler and his son, and Mr. Snow, his son in - law, because they came from the same office, should be held as eon spirators in a matter of this kind; that their plaee should be called headquarters, and Winter & Elam and Cropsey t McDon ald's -offices -offices simply outposts. This case savors of a criminal character. 1 here is crime at the bottom of it and it necessarily follows there must be a motive for it In this case there is the strongest motive. It is to. obtain possession of all the property of Joseph . McDonald. " I am going upon the principle that this will is a forgery, a base and wwked forgery, and the strongest motive there was to procure it That mo- mo- tivf was confessed by the defendant herself, when she said to John Butler, 'You could not; blame me for getting all I could.' 1 eare not now many bank clerks are brought In to testify to a signature. They are not experts.' Who is imposed upon with forged papc? as often as bankers? They have a machinery connected with tnese banks that they do not need to scrutinize paper aa men under other circumstances do. ' N If B. FKEXZElTESTIM02rr.L: "Look at Mr. Frenxel, who ; was brought in with a bed-rock bed-rock bed-rock foundation of knowledge, knowledge, panoplied and fortified until he was considered Impregnable. It was a challenge. They thought that man would demolish everything. lie said he knew the signature of Senator McDonald. 'Ah, yet; that's, hit signature.' He is asked it he ever saw either of the wills Tefore, avd he says: 'Yes, that black copy, Mr. Crop- Crop- sey showed it to me- me- at the 'hotel.' Then Mr. Cropey hands hira the black copy he had shown him. 'Yes, that's his signature.' said .Mr., Frenzel. And this was not one of the wills, hut a duplicate of the cafh'on copy and just as good. That imita tion could hare been used with like success on other witnesses. - "The signing of the will is a plain matter. Mr. Harris wants this jury to believe that he knows more about it than those who were' there. Daniels says Snow signed it aa attesting witness and . he - aimed it There was but one sheet with a flap to it That was Daniels's statement, and he knows more about it than Harris or Fiehback or any of us. lie was mere faimselt. t-now t-now t-now ana .Daniels Know their signatures doubtless as well as men ordinaril jf do. Snow sayt it is not his signature; signature; Dauicls that it is not his signature to the black will, for he signed but one will, and the green will look like it "John M. Butler has been criticised. Not-, Not-, Not-, withstanding he has the Infirmity o't being dull of hearing he ha an -honest -honest face and an honest purpose. He said he had returned returned from ashincton when he .first dis covered something was wrong with the young man, Arthur Hutching; that he appeared. appeared. to be in trouble had a vacant loot:, could not keep hia mind on his work. Mr. Jlutler knew no' reason for it and got impatient impatient with him. -The -The young man became became insane. This young man was where his services- services- could le procured perhaps . without him having an idea of doing anything wrong. Had a will been presented to him to copy he would have done Jt He had been nsed to copying papers. 11 is service would be invoked because because a complete imitation, a fac-aimile fac-aimile fac-aimile of a fapcr that would emanate from that office, le was not of Strong mind. We know nothing of -his -his moral make-up. make-up. make-up. There may hare been nothintr in his make-up make-up make-up that could resist a solicitation of that kind, and perhaps the importance of the matter never impressed itself upon him until the time passed Perhaps he .had a predisposition to insanity and alter thinking over the matter matter such a result might have been hastened.. " POIXT1XO .AT HCTCHtNGS. "Mr. Butler did not say this young man had done this thing, but there waa that in the young man's conduct which aroused his suspicion that there was something wrong. I do not say the young man did this wrong, but the fintrer points that way. That boy would be like clav in the hands of the potter. He could beeasily influenced by the person who were trying to perpetrate a wrong. They speak of the small amount of money he had when removeM to the asylum, but we do not know how long the act baa be.en done. 'That act was done by one who had easy acces to that oilice. to" that safe, who was a stenographer and a typewriter, and who was one they would be likely to subsidize to carry out their purpose. purpose. "This wiU appears to have Deen executed cn the -vt -vt th of Anmt It was the-day the-day the-day Senator Senator McDonald iid execute a will. The shorthand book containing the notes of that iiv i jrone. All the other books ore in the oiiic.A. 1 ba verv book would throw light upon, this subject Is gone. It rous have been somebody who had the tkill of stenographer, who would know the ngh book to take, to ret it and remove it. This is a strong link t connect the evidence of thi! crime, for crime it is. "When Mr. McDonald returned from Washington in April he was in declining health. When he was at home, unable to go to his otgee, Mr. Butler received a re- re- ouet from him to come and see him. Mr, McDonald auid he wanted Malcolm to have some monejl to pay some -of -of his debts and wanted MrrMeloualdtohave some money. He said he Wanted to roll thee matters if his mind. Then he taid to Mr.Butler there was another matter he wanted to talk about. Mr. McDonald asked ihe old and trusted housekeeper. Mis Jenkini, to see that everybody waa away, that he wanted to have an interview with Mr. Butler and did not want to be disturbed. lie said to Mr. Butler to ee that the doors were closed and then he &tgaa to talk to bis old and trusted partner. - -1 -1 THE 34'pOXAI.IVBrTLER, TJTTEBVIEW. "The testimony of "Mr. Butler was pathet ic. It would impress any one with its'great earnestness, xuis was ten tiays oerore air. McDonald s death,' and what he said to -Air. -Air. ButJejThe said substantially to his. brother James McDonald three days before his death: These things can not be blown away with a breath. Do yon believe those two men? Can their testimony be wiped out by Aiajor cnaw ana me men wno nave seen cheeks signed . J ay. verily! "Mr. Harris aska why should Mr. McDonald McDonald make this statement to these two men. He Md been married to this defend ant for tenyeara. He- He- had made his will. He had put it in a place he hnd for his capers. Circumstances had indicated to him that everything was' not as it should be, He waa not a man to proclaim his grievances from the housetoDS, ; Ha had a safe and everybody could work the combination but him. He had .a key to a drawer in that safe and in some-way some-way some-way it became Ibst That key was never found. The Jcey that replaced replaced it wasninde by a locksmith. It was another key. That key could not have been made without a pattern. The key is a coun terfeit; the case is miioi counterfeits. Tha true key is in the hands of some one to-day. to-day. to-day. Mr. , McDonald doubtless knew' that key waa out That is why he want ed to make something konwn to ' this old partner and friend and to his brother. 'John, he said, 'I wanted to have this interview interview with you. I wanted to. tell yon all about my business. John, yon know how jthis property ia; that I had deeded to my wue ana sen djt entirety ine onice property ana the residence property., in the Washington street property I .have devised j the life interest to"- to"- my wife with the fee to my bob 1 Malcolm and the two children of my Bon. ttekieL Malcolm to have one-half one-half one-half and they to have -the -the other half, , My wife is to have ithe income of that during her life time.' And after he had made this statement he said: 'Now, John, yon are a little dull of hear ing; yon repeat that over to me that i may Know U you understand it. j jAir. liuuer has no more interest in this than you or I, and it is wrong for gentlemen to stand here and impugn the motives of an honest upright Cimstain man like John Butler. His testimony upon this subject is the bed:rock of this case. Mr. McDonald was not'telling him aa idle story., lie was telling him the truth on the brink of the grave." t .. ". . THE MISSDTO SET. "The memorandum of the combination to the safe was in Mr. McDonald's pocket-book. pocket-book. pocket-book. That memorandum .has also disap peared. He never complained to any one. but he evidently felt that, those near and dear to him were in danger of their inherit ance. Do you see the point in making known what bis will was? He- He- knew that this knowledge in possession'of a man like Butler would protect hia children. ."Who got that key? Some one who had an interest in changing the direction of his property the person who was closest to him all the time got it It this charge was larceny and an imitation key was to turn up what ia link it would' be. . Do you sup pose that if Mr.McDonald thought this will was in harmony with hia wife's notions he would have wanted her out of the room? He knew the feeling she entertained toward the children. - v . ' f "When the will in the safe was opened Mr. Butler was astounded. Mrs. McDonald said, Mr, Butler, you can't blame me for fetting all the property I could.' He said e didn't but the one thing that affected mm was that aa long as ne bad known Air. McDonald, it was the first time lie had been deceived by him. - Then 'she said he did make the kind ot a will you talk about, but she had him change it She said it put a price on her head and she didn't like it "The old man had made a sacrifice when he married this woman. The doors of society society were closed against her. She imae- imae- med she was scorned and she was bitter. She said the children and grandchildren should have nothing She had bitter hatred lor the mother ot these two grandchildren. No man disinherits the blood kin he loves and idolizes. IT he idea that he would disinherit the child . of tha wife of hia vouth - for tthia wife of ' ten veara standing I. A woman with a living htisband to L'lve the monev to another and make him rich, ouch an idea is preposterous. It is to say, I will not give to uiy own tut to one who ha a child, not my child, and if she iiea. that it micht go to her other husband.' Never have I seen such effrontery. . RAILWAY PARAGRAPHS. General Freight Aeent Hibbard. of tha YandaHa, is in town. y. .. .. The earnings of the Ohio-A Ohio-A Ohio-A Mississippi decreased in January $2,898. . The Wabash advertisincr denartmlht haa issued a new man of the Imittxt States Herman Peck succeeds John Lehras chief clerk in the Big Jt our city freight office; The Biz Four took 2.373 tons of eaat bound freight out of Chicago last week. All train men on the Cincinnati. Hamil ton fc Dayton system "are beinc examined under the new book of rules. . . . J. A. Stevenson, freight agent of the Late Erie & Western at Muncie, has been succeeded succeeded by E.H. II aylor, of Sandusky, : The St JLouis fc Chicago railway, it is wiM will Iia rkl,1 rt.m rm w rt a V.u. syndicate for . the benefit - of ' the . bond holders. -,' -,' . . .. , ; , - - The manaffert of the' Chicago lines t they are not ready to make World's Fair rates yet and this is taken to mean that some of the roads have declined to so into any kind of agreement ! The section men on all the roads are kept busy now. The rain haa softened the road beds and this lowers the rail points. Nearly all the waterways' are . swollen and many people who have journeys to make are delaying delaying them. On the best of roads traveling traveling is dan ?e rous now. : '. ' W. H. Fisher, ffeneral rjassenser airent of the Hocking Valley, sent out yesterday a unique valentine advertising . his road. It waa the picture ol Air. J: is her s little daugh ter playing with a train of tov cars. A num ber of verses, headed "A Buckeye GirL" told of the beauties of the line. Typos-TmpbletU Typos-TmpbletU Typos-TmpbletU Union' Annual Ball.' The decorations of Mamuerchor Hall last night were dainty and elaborate. The walls were hung with the national colors, and the orchestra, placed on the atage, waa half hidden hidden behind a mass of evergreens. The occasion occasion was the annual ball of Indianapolis Typographical Union, No. 1. Over one hundred couples were present The dance program consisted of twenty numbers. The ball waa a success throughout and was more enjoyable than any of "the former balls tnave been. The arfageinenta for the atlair were in the bands of the executive commit tee of the union. i fortbe Prompted BefmoaieiitCure of- of-

Clipped from
  1. The Indianapolis News,
  2. 15 Feb 1893, Wed,
  3. Page 7

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  • Carpentersville

    steward – 23 Jun 2013

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