Page 24 article text (OCR)
McITOSH TELLS The Story- of the Murder and of the Events Preceding It. He C'ooIIj Rela'es to the Jury the In- cld'Jutsofa Great Tragedy. Defense Will Seek to Prjre That Me- InUish Had Been Robbed at Fotimeyer's Sutuun. lii the passing days tlie interest increases (in 'dhe trial of -ohe c-a-se against Jolm M-elntorih for murder. Crowds throng the corridors leading to the court room -before The opening ol: every session, but the sheriff and his assftwtants insisted on. tlie rule of itihe court itha'-t no more -than could be seated j-iboul-d be admitted. Following out mils rule ladies ure admitted first and then as soon -as -the room is filled the doors are closed. But despite all these cautions 'before 'the ses.-fons progress far ma;ay others gain admission and •flic aisl'E* along the wall arc well ined •wiflh spocbrtors, 'but not enough to annoy .the: court or to interfere -wMi th<? itrausadtion of business incident to "the trial. TQie closing of the State's iesttiniony wasi somewhat of a surprise to the autHtenee, who o:specte<l it to extern! durtng Hie rest of the week. The jury ixftUTOclcl to the court room yesterdiay nifto-noon after ibavin? viewed :the grounds about which <rli& shooting oocriMVfcl. ' Upon the jury's return court reconvened and af ler the examination of one othw witness the State rested Its case and Attorney iM«hone<y made the opening statement for the defense, outlining the evidence ito be presented on behalf of Mcln'tosh. Never 'have the friends of Mr. Mahoney, or any one else, heard him mate such a closely connected, logical and well-worded acl- dresis. He seemed to put all the virn and energy in Mm into hfe effort anil evea reached the dramatic point at timiis as lie warmed up in his sub-jecit matter. If the defense Is able to prove what was therein outlined Mclntosn's eha-aces in the case will be increased to the extent of his being made more the offended than Ithe offender in life trouble wiilli the Pottmeyer family. Mr. H.-1'honoy 'began his statement ' by stating that the 'dpfeftse would introduce- competeiilt evidence to snow •ain't during life life of about 40 years Melntosli had always lived in I/ogans- pori:; his parents 'had always - lived hew, and since IMS arrest on this charge his father has died and his mother is now finite ill at her home in this •city. Mclntosh has always bee:a a common laborer making a living for his family of wife and five children <by lemming and setting out shade trees nmd rtQiat his reputation as a good citizen has never beem demied. M.T. Maiioney admitted, however, that Mclntosli was addicated to di'ink and stated that his appetite was at, limes hard to control. On the even- ling before the Wiling the evidence, Mr. •Mahoney said, will show that •Mcln- tosh was in various places transacting •business «nd wris sober, though it is not denied that he took a few drinks with friendis during the evening. He received a cheek from A. W. Stevens which he had cashed at the Trade Palace while in diere on business with 'Mr. George SeyboM. After leaving •Seybold's McMtosli went to Kreuz- "berger'iS sui-loon and took one drink and started home, b\it went by tie lioino of his brother-in-law,' Jolm Mcore, to notify that gentleman that his assistance would be needed (by M'c- InSiosh 3n some work on the next day. All. this evident? trill go to show that Mclntosh "was not intoxicated when fee was in Portaeyer's saloon the night becfore tho murder at which time the jK>ncy5s alleged to (have been bikesn by Fofctnieyer from. Mdntosh. While at John Moore's Iwuse Mcln'tosh showed $, r >0 in bills which he had received for work. After leaving Moore's home and ;ro- dng nearly home Melntosh's appetite for drink caused lam to turn and drive to Pottmeyer's saloon for one more, gliiss of beer before going to bed. W-1U Pottincyor was on 'the outside and lield Mclntosh's horse while the latter went in and bought the beer from j Frank Pottmoyer. In paying for the drink Mclntosh displayed his roll oC money and gave Pottmeyer a $5 bill, receiving $4.93 in change. This he rolled np with the remaining bills and put into Ins vjjst pocket. Pottmeyer engaged Mclntosh in conversation and as the later was leaving Pottmeyer took the money out of Mclntosh's pocket 'with the remark that lie would teep 5t rmtil the nert morning. Mcln- tosh protested, Irat Pottmeyer kept -the money. Mclntosri then went home and to bed and early next morning he returned for ithe money. Potrmeyer was not ia yet, tout «ame in in a short time and Instead of listening *o Mclntosh's demands for Ms. money, he proposed »-game of d3ce, In which MclntosS cangiht Pottmfiyer cheating eeveral times. iMelntoish lost the game and paid for the <lrtak«. Pottmeyer still refused to talk albont *he money and •went away to read: so Mclntosh went down town to keep an appointment he had made the night before with George liold. Ed Pottmeyer accompanied him and they stopped in a saloon to Lake a drink, when Ed sneaked away from Mclntosh. After going to see Mr. Seybold Mclntosh hunted up Officer Dean to get him to assist him in recovering the money from Pottmeyer. bat failed to find liim. On Macintosh's second visit to the saloon, to get Ms money from Pottmeyer he beard I'ottmeyer in the wine room with a woman named Minnie Williams and they "ivere having some music. MeLTitosh told Pottmeyer 'he wanted to see him on. business but Potitmeyer insisted that: Mclntosh came into the wine room. Potteneyer ordered drinks for lie three and then asked Mclntosh to "blow himself' whlich the latter refused to do until Pottmeyer promised, to talk business as soon as Mclntosh bought; so McIntosTi ordered and paid for a round of drinks. Even after this promise Pottmeyer refused to talk about the money and, after going out into the saloon for a while and compelling Mclntosh to play pool with him, during Which time he took Mclntosh's watch out of his pocket and kept 1*. 'and talking about onroro. cabbages and other matters aside from the money transaction o? the night 'before. Pottmeyer said to Mclntosh: "John, you are drunk, you had tnefither money or watch." This was. denounced as a lie by Mclntosh, who said "you have my watch in your pockdt MOTT." The statement caused trouble in which Frank drew a revolver and Wall Pottmeyer drew a billiard cue and was about to strike Mclntosh.. A few minutes later when Mclntosh started liome he was followed dmto the alley by the two Pottmeyer's and while there Will Pottmeyer struck Mclntosh With a rock and kicked him. Frank called Mm names an'd ordered Mm to go liiome. Mclntosh left with the remark 'that lie -would return soon as well armed as ttoe 1 Pobtmeyer's. There will be no denial of the fact that: Mclntosh went to the butcher butcher shop 'and to the Shewmon residence for a gnn and to Walter Shew- mon. to learn how to load the gun. He •ddd meet different people and told •them of his trouble with the Pottmeyer's. These persons tried -to dissuade him, but instead of heeding their advice lie wenlt boldly on determined to secure the money taken from Mm. A.'s Mclntosh was coming down the alley toward the saloon he saw Frank Pottmeyer look toward him from the side door and then disappear. Before Mclntosh reached tihe door in the fence at toe rear of the saloon Tie saw Frank standiing to ttlie 'back door. When Mc- '[ntosli came up to the door in the fence, which was open Pottmeyer fired twice from the platform near the door, one •Siot Witting him in 'the stomach. As Potbmeyer fired the, second time Mc- lntosh rafeed his gun and fired simultaneously, but did not know he had killed Potmeyer who went back into the house. 'Mclntosh <rheia went down the alley and -saw MUs Lucy Pott- meyor to whom he said that he had sho'i Frank and had 'been shot -himself. After this conversation he.went out of the alley intto Froat street when he turned and saw Ed Pottmeyer stand- in -the door pointing a revolver at hli-in and saying "I'll get you." Mcln- tosfli said: "You'd better (be gettin'" and; fired at Edward. He dlid not" see Miss Lucy ait the time he -shot, but the smoke had cleared arway he saw he had, hit her also. After this -he TV-eat on to Market street. He told some one at the barber shop that lie tod sholt 'Pottmeyer. He also refused to give Ms gun to the police at first bo'cause he did not see any weapons on the officers amd he wanted to keep the •iii-i he had for his own protection, eay- ncr that if Uhe 'Potltmey«r's followed him he would "clean out the whole family." He d5d show the officers that lie was shot as he claims, by Frank Pottmeyer in the alley. In closing Mr, Mahoney stated that evidence would also be presented lowing that the character of Frank Pcfctmeyer and that of his place of -business was of tlhe worst kind, causing the ]X>lice much trouble for a long time previous ito his death. Ohas. Landry, a dark at.Helvie & Sellers, was in the employ of Frank Pothneyer in 1S06 in the capacity of bartondcT. At that time then; was a small pistol kept in the drawer and on 'the side 'boiard. but the judge sus- Official facsimile of Medal Awarded DR. PRICE'S CREAM BIKING POWDER " ""^-<'V £ PVi"? ""WOiTk to/in - _..uJ s i Aii\, —lllAoil. 1893 He saw and heard shots. He was sawing luni- •ber for ithe floor of 'the bridge. Did not know if 'the view of ii)he saloon could be seen from where he was. He heard The first A fonrth -and -dhe witness seconds was fired to «be cor- firs* taJned the objection against allowing 'the wim-ess whether or not Powmeyer was -in the habit of carrying ithe revolver. The large revolver was kept, \vlwn in the saloon, under the 'tar near tbe end. In The cross examination it was at- Tiomptfld to -.how that the Wff revolver was kept -only to show -to friends and to -shoot at a marlc. It was TOO large to carry. Charles Graffis testified that he was once at the Pofcrmeyer saloon correct- iing the account between Pottmeyer and Mat Schneeberger. At the time of that visit the witness and Pottmeyor went into the rear and shot at a target. Tlie witness has seen a revolver on the side board near it-he, cash register. In the cross examination tlie witness was not able -to ideratjfy either of the revolvers introduced as evidence and said -that it was about five years ago when he mflde these observations. It was -about a year ago wh-en the witness and Pottmeyer were shooting at ithe -mark. Mr. 'Landry was recalled and identi- fited -a targe Colt's revolver as ithe one which was once ke.pt under ithe -bar in Pottmeyer's' saloon. Officer Skeleton testified -to getting the large Coifs revolver from Miss Lucy Potifemeyer only a few weeks ago sis she was afraid 'no ihave jt about The house. He closed his testimony by telling tlie size of the two smaller pistols. Clarence Jones, bookkeeper at tbe Trade Palace testified that Mclntosh was in iche store about 5 o'clock on the evening previous amid tbe -witness identified the check of A. W. -Stevens as j the one he had cashed on itihat occasion, j The witness paid Mclntosh $7.50 in I wish and nih-e latter then left the store. A. W. Stevens, the -plumber and steam fitter, testified that on the day before the shoo tog ihe gave Mclatosh a check for ?7.50 just before quitting time in the -evening. Sheriff Honi'burg identified the clothing worn by Mclntosfla and pom/ted out the 'bullet holes -in 'lie same. The witness saw the black and blue bruises on iMcIn-rosh'-s back and tJie. witness rubbed the places with Mnanietut and la ten- pint a plaster on Melnitosh's back. In cross ex-aminaition the sheriff said there- were no holes in the coat and it was allowed to be taken to Mclntosh's 'home, P. W. Moore testified t.hait -Mclntosh had been employed in setting out. trees and grading on Bast Broadway. H-e pa&d Mcimtosh $180.30 for that work •during -the fall of 1807. Tbe cross examination showed that the payments oxt'emd-ed from Sept. IS to Ocit. 30 iin such amounts as Mcln-to^h needed from time to 'time. Mclntosh had two man -employed winb 'him. Will'iam Reed, a clerk at the Trade Palace, testified that Melntosh was in tbe store 'in the evening 'before the day of the shooting and bought a suiit of underwear for $1. On tlie morning of die tragedy Mclntosh was in the store about S or 9 o'clock. Asked for George Seybold, -who was absent from the store at the time. Mary Miller has known Mclntosh over a year and had Mclntosh set out -trees for Oii-m a year ago. On the day before tbe killing the witness pa'id Mc- lntosh 75 cents. William Piainton resides on West Broadway near rtShei Poibtmeyer saloon. The witness Sis a carpenter -and has a •shop adjoining the saloon. The work rcom is immediately north of the wine room and upstairs in the brick building. The window from the wine room looks into the wliltness' lot. Has seen Pottmeyer in .the wine room -wM!h vi rerolver. but did not know the other parties in the wine room, :. John Powell testified -that he had lived in Logansport about fourteen years. .The wfiitaess was 'at work on the Market street 'bridge on 'the day of the shooting and could see through to the Pottmeyer saloon. The witness heard font siots near the saloon. The two first shots were Might and then two heavy shots were (heard. He ha-ird four other shots msar Mark-dt street- The cross examination showed that the witness was one of four men working on the bridge. He was sawing and others were drivfmg nails. He saw > people near the saloon and saw Me- j Initosh come out of the alley. The first' two shots were heard in close sncees- j sion bra some little time elapsed before 'the third sthot. J. C. Kuns, paying teller at rhe Gitty National Bank, identified A. G. Jenkiaes check for $10 paid to John McIrttosJi on Oct. 29 and another the same -names and was paid on Nov. 2 or 3, 1S97. Charles Meyers stated that he was at ( work on the Market street bridge on' ' hlrt M>&rfosb left before the police the day Pottmeyer was killed. He was '. arrived. He met Charles Ruhl one on the west side of the bridge and . ™-g-htaJid told Ihi m 'he expected to have could see the alley near Pottmeyer's 'i 3 ' 0 ^ 1 * " K * ;h ^ 6 Pottmeyers and John saloon. The witness and Mr. Bay were Betmer aaa < irew * smi and fired to see carrying a board when he Iheard shots - if ** wonl<3 ^° off - Ifc ^ad -been ar- ttear the saloon. Tlie first .two were - ^^g 6 * 1 for Benner to Jump onto Mcln- light and in close succession and the tos!h " srlieT1 ^ came STrto *« saloon. He next a heavy grm shot After <i3iis the lia< ^ ^^ one * run "vhen. he saw Rnhl witness saw 'Mclafcosh come out of the aQ<3 * Si ' t te 2** from Mrs - G^ 011 - '' alley. [ whom Ihe ateo returned it. Mdntoah The cross examinatiion showed chat, - f?ai<i be ;has not o^ 11 ^ &&? M*** ° f fire the witness did not -pay any atten'Uon ' ira - M cln*osh stated that before the to the shots until Mclratosh came feto da - v of i ^ e tra^J" *& * iad no intentJon Market street xn& flourished his grnn. I wiiatevi»r of kfflin? Pottmeyer. He heard no screaming or loud talking. I ^° c^oss examraatloa Mclntoeii said Just before Mclntosh came into Mar- • ** ™o lie y b « received for- the Sterens' '• cbeck at Seyibold'a wa« «. |5 tdll, two, .THE, Grandest Remnant Clearance Sale Ever Inaugurated In Logansport Opens at the Golden Hule . . . NOW GOING ON. Never in the history of tlie Golden Rule hare we had such ail accnmalatwn ot Remnants as this past year and as it always has been our custom from year to year, to make a grand sweep of all Remnants, Odd<~ and Ends at this period after stock clearing we hare instituted the most Remarkable Bargain Feast eve/your good fortune to attend. Every item you will find a GREAT BARGAIN. AH are displayed on our counter and marked Regardless of cost. Be sure and attend if you like Bargains. Remember Wednesday rncrning, January 12th. It commences at THE GOLDEN RULE. SEE LARGE POSTERS FOR PARTICULARS. ket street the witness heard another shot. The wi-tness could not 'tell how raucii time elapsed lK?tween shots. William Painron was recalled and said that he w«nt to the rear of the saloon iifw-sr the footing and saw blood on pUviform. on ihe back fence and on rhe weather boarding lu-tnv other people there. . Louis BaiTon wasiafwork on Market | Pottmeyer's saloon and twtore reach- -bi-idge on the tfciy of the -trouble nil \-er dollars ami a half-dollar piece and void Where be got otdiar sums oC money. 'Some limes irlie witness carried his money in ails punts pocket, and .part of the time iin Bids vesit pocket, but never carried a pocket book. Afttoniey Fitank Kistlea- dosel-y ques- ition*d tlie "\\-fiajess as ito tlhe amounts lie 'had paid out during rtttie evendng at tog that place •tiion he held ;cnd about mbe rwiffli mfmy conversa different Helenblazes! That's what the man said when his laundry came home yellow, orn and faded. Then he concluded t» try MARSHALL'S LAUNDET, and his linen was returned as white as snow and without being torn in the least. Call up phone 110 and have our wagon stop for denied having a box:- j J our w °rk. ' but Will Pottmeyer struck^—. •.' . ' -. him aiicl Jlclntoslh siaiid tlhat he had a •nieyei' and al'so i-^marked i wfhip bofli ithe Pottmeyers. Frank Pott;' OT of Mark* and Frotit streets. The 'mey«- told Wni to go back down 4he al- thinks not more '.ban .thirty , ley and the TOOK** backed & wy after el-aipsed between the •exambniation showed iJhat t,he"vMin«s Had 'actually seen but the they got to wu. \wutt-... ^^ a ^^^ flnd ^ tl . uck lffiie vj-jtuess, las-t two shots. .Tames Foley. 'the grocer, has known Mclntosh for five or six years, and Qvad paid Mclntosh $2 several days before the day of -the ^hooting. The spirit of indifference whu-li had seemed 'to pervade the court room was tHi'Spellod when it was announced ihait the defendant John Mclntosh was .to testify. Melntosili went on. the -stand aaid told •IMS story of the tragedy the same as ''lias be?n outlined in -the o-pening storte- 1 ment by AWomey '-MniKoney. He did ' not get excited iin the least, but made a clean- statement of tlw facts from -his Standpoint, often referring to the maps •and photographs to explain Qiis re- miarks. H'p iwas .mot quasifcioned much by bis aittomey. but was allowed to tell in hiis own way ond l-angnage of the incidences leading up to and concerning Wie 'shooting of the PotJhtneyers and TP- ceivjing 'Us arm wounds at itihe hands of his reimted' offenidiars. He told how miKfli momey Ire bad and firom wbero he received it -and how the watch and his money came inito ffhe .possesstion of Frank Pofrtmeyer as well as other -parts of -tihe niawaitive, without fhe '1-easit hesiitaltsion or doubt. wthWh seemingly carried weight with iffhe jury- Art the end of Ms story the ladies were requested to retire nnd Jlclntosh showed the mairks of liis wounds on ihls. persson to the jury. At, the noon 'adjournm-enlt Mr. 'Mclnitosli was still on fh'e witness stand. The report that Mclnrosti was on the wtitness staad most hftve been noised ; beca,tise at rtlh-e beginning of the setssiioni the room was: more half filled wiith ladies, consequently the niimbeir of men was neces- small. in spite of the fact that nfele was full of eager spectators. Judge Cflnase osrd-ei'eid ihe fide aisles clleared before he would open conrt and authorized the -sheriff to call on the police W rhec-essary to -enforce bis ruling. Mcltrtosfh agaii-n took the stand and told "bf -the finding of 'Ulie buUet found in bis 'ClothSmg alter W-e shooting. He identified the ^>ulleit that, had been in- 'trod-nced -as evidence, stating fihat. -he had given it to ithe shemff. On the moming of -the ftmeral of Mrs. r*o SmijiiSi he delivered onions to Pott- raeyflr «.nd roo-k a clnimk -with Pottmeyer. -McIniRKih fsaid ihe did not see Caraie Skeleton but he returned to flie salcon abont 10 o'clock and shook dice with Pottmeyer. Melntosli did leave tlie saloon 'and roet Officer Foley as has be«n testified, irclotosih heard Pobtme:r«- telephone for tihe police be•cause o:f a quarrel over a game of dace. being told (two or three times to go on. by Frank Pottmeyer. The witness asked Frank where Will was and when the aHev Will -came out knocked Mini '-down against the fence •and kicked bim and Franlk said to Will. "Fix tihe « of a b——. Then Itoe wit- Tift* went into the saloon and was •aS'airn orcJared ovut 'by Frank Pottmeyer. McMtosh replied that be would return in fifteen or twenty minuites and Jie would be as well armed as mhe Pott- meyeii-s w<ire. A't the it'hne of going to press Mcln- itosih was still on 'tihe stsmd un-dcr a very li&(it«l cixjss exanilnti'tion by Atiorney Frank Kisinler. but np to tliiis (dime Mc- lntosh 'had not been ooisfu.*«l in bis oj-- iglnsil sra'teniCMt. YESTERDAY AFTERNOON. Dr. Jordan was called as -tlie first witness for the defense and -testified that he was acquainted with the location of 'the Pottmeyer saloon. He was called to the residence about a half hour after Pottmeyer was shot and examined Miss Pottmeyer's -wounds. Then he wont to the saloon, saw Frank's body on the floor in a pool of his own blood. He came out of ithe -back door into the back yard and -saw blood on the platform and on the weatherboard-ing of the end of the house as well as on the railings of :t>he fence. Dr. Hetherington and many others were there before he was. Dr. Busjahn testified that he got a watch from the Sid* -board of the Pottmeyer saloon on the day of the murder. Dr. Hetilierington testified that he was called to the jail to attend Mcln- tosh shortly after Ms examination of Pottmeyer. He found a .bullet hole through Mclntosh's clothing a/bout the waist band, but it did not enter the flesh. Mcl'nttosh was also bruised about the side of the head. On cross examination -the 'doctor-satid that the wound on -the head might hare been c-aused by a fall. Dr. Holloway's testimony was to the effect that he was called to the jail to examine Mclntosh. He found the bullet hole through the clothing, the mark on the flesh and the bruise on the side of the head, as told by Dr. Kethering- ton. and al?o 'bruises on the baok. Although submitted to a close cross examination and re-direcr qiiestionsng Dr. Holloway's testimony was not altered. Arthur Knell was called, but on account of his being in the room when other witnesses were testifying bis evidence "was objected to by the State, but because of the fact that witness did not know he was to -be called his testimony was admitted -by the court The witness saw the pool of blood on. the platform at the rear door, on the' fence and on the end of the house. He: examined a clot of Wood and found it to be a particle of flesh. QUICK WOEK. The selection of the jury in the Mcln- tosh case would no dotrbt 'be a surprise to Chicago lawyers. In one day sixty- five -men were examined as -to their qnalifications and on tJje second -day the jury was completed. In the I/net- gert case the -court thought raifld progress was made if twelve men examined each, day and it took three -vreete to complete the Jury. Chase held ihe SE down to tie necessary questions aad cut off all unnecessary Interrogatto*. THE JURY A PRATING ONE. It has been ascertained that among- the jury 5n the trial of tihe case against .Mclntosh there are nine out of the twelve who are members of churches and that every member of tlhe jury ic a prayiing man. The tiTCUimstaB.ee is considered resnarkaible, but only more firmly convinces the public of the jury's fitness to try such a cause. Friends of either sadc have been heard to comment of this fact -concerning the men in whose Qiands. rests the fate 'of John Mclntosh. the most noted man in Cass countv this week. ADDITIONAL ITEMS. Sugar cured shoulders 4$c Ib. Traut. Package coffet 9c Ib.—ifcCaffrej. Need a watch? See Ben Martin. Many novelties la carpets are now shown by H. Wller & Co. Baked beans in tomato sauce dad kidney beans. 3c can.—Tract. The directors of the City National bank, will elect officers this afternoon. Pricea that will certainly please you at Wllley'a Cash Shoe store, 3rd and Market sts. Every day of our muslin underwear gale adds new customers to our list. —Trade Palace. Twelve Mile normal will have an evtra term of school next summer 'or the benefit of the graduates. Charles Brown, agent for tho Columbia Brewing company at Goodland, is In the city on business, 198 dress pattern remnants sold yesterday at the Trade Palace. Don't get left, but come right la and see. Gus':ave Minx, an attendant at Loogcllff hospital, went to Chlcage today to spend a week visiting friends. The infant son of Mr. and Mrs. J. L. Thompson died yesterday Afternoon at the family residence, No. 6IT Michigan avenu«r The funeral will be held tomorrow morning at !• o'clock from the residence. Interment will be made In Mt. Hope cemetery. Now is the Time to Buy Shoes Cheap. Men's 15.00 Leather Lined Shoes for 13.5f Men's $4.00 Leather Lined Shoes for S.o» Men's S3 50 Sboes for 2.75 Men's 13.00 Shoes for... ... 2.50 Ladies' »4.00 Shoes far 3 00 Ladies' 13.50 Shoes for........ 2.75 Ladies' $3.00 Shoes for 2.69 All others shoes at low in proportion. For Cash Only. STEVENSON & 403 Broadway.