Logansport Pharos-Tribune from Logansport, Indiana on January 15, 1898 · Page 24
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January 15, 1898

Logansport Pharos-Tribune from Logansport, Indiana · Page 24

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Logansport, Indiana
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Saturday, January 15, 1898
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DRAWING TO A CLOSE The Defeiase in the tiosli Trial Mcln- Complates tlie Introdoctfon Eridence. of Direct Mclntoiih Occupied (he Witness Stand fur a Short Time This Case Will be Given to ths Jnry Next Tnesdsj— Much Speculation as to What the YerdicK Will Be. From the genial outlook yesterday at tihe adjotii-nment of court it was evident that tli.e direct 'testimony for the side of the defense in the murder trial would soon be concluded, and that opinion, pro-red rrue by the attorneys for <the defense resting the case about 11 o'clock, after Which an adjournment was .fci-ken until 1:30 p. m. As the room was filling up this morning Sheriff Honiburg announced that the judge lad ordered thai: no boys should be allowed In the court room today and be compelled all youtuful- lookting aitimdan'ts to vacate and allowed no oi:hors TO come in. It being Saturday aiid school not in session it •was feared that the number of boys present would 'be large. When *h<!' Jury iiled into She room and took th-iSr places all eyes were centered on Mr, Allspaugh, wlio occupied the first chair tin front He was informed of his daughter's death last night and traces of ihis deep grief were evident on Ills face and. in h'is general demeanor. AFTERNOON. Mclntosh was kept under this very rigid -and pinsistent cross examination for nearly two honrs, but did not get confused'in. Ms statements. He told his story plainly and* explicitly and could not b;i shaken from at It is said by those ^'too are supposed to know that Iris testimony is exa-ctly as he stated the case on the evening after the shooting. David 'Miller was the next witness called. Ho is a lineman for the Central TJniom Telephone company and was at the Pottmryer saloon on the day of the sfoootiD.g about a half hour after tihe affair. He saw blood on the walk and fence leading from the back door to the outli >usc. In cross examination, the witness said lie was a brother of John Miller who -testified for tfhe State. There were 300 or 400 people about the saloon at tihe time. In. re-diroct examination the witness stated: that the Wood spots on the platform were nearer the small fence than to the door of the saloon. Ex-Sheriff Adams testified that Pottmeyer had a 'bad reputation for peace and quietude tn Transport for two years prior to his death. Dennis tnl -the miller, testified that •his business brought -him in contact •with people of the country and knew Pottaieyer to have a 'bad reputation. On cross examination the 'Witness isaM that ont of 'business Portmeyer's reputation was good . Dr. Jordan also testified that Poit- •rueyer had a bad reputation but could wot' show any instance that he person- deceased being in building and found blood on -the walk and spattered around on tiis door. Clots of blood were also seen on tho platform just sit the door info the alley through' the fence. TVilliam A. Murphy, a miak wagon driver, went to the saloon on the day of the death of Frank Potmeyer. He, too. found several persons and saw blood on the ground over tbe small banister leading from the saloon door. The cross examination showed the witness to be there when a large crowd had jraHhured after the murdtsr and before the tody had been moved! from the saloon. Frederick Seybold. farmer and buys stock, and know;; people generally over riio county. He knew Frank Pottmeyer from boyhood and knew him to have a ted reputation. In crosii examfnaWon the witness said lie once beard of Pottmeyer using a weapon on some one. He also stated that ho went bail for Pottmeyer once to get him out of jail. John Wise testified that he -went to the rear door of the saloon building on Dhe <ta.v of the murder and saw blood on the steps and. platform there. At this time court was adjourned and rho most eventful day. so far, of the Trial closed. TO-DAY'S PROCEEDINGS. Barney Burcli, a police officer, testified that he wont to Pottmeyer s saloon on account of some shooting on the 4th of November. He went -;o the rear door and! noticed: -blood on tibe building between the door and the fence and on the railing directly opposite the d'oor nto the saloon as well as on the platform. Dr. Busjahn was called to impeach Wall PolitraeyeT by proving that the latter testified at the coroner's inquest (that tie s&w iMcIntosb with a $5 bill in his band at the saloon on the night proceeding titie murder. An objection was raised by the 'State's attorney and the witness "was wdthdraiwn -fry the defense. Ben Dean testified to finding blood on Mcln'tosh's left (hand and on Ms pants leg at the time of the arrest William <W. Painton has a shop next to the Pottmeyer saloon aiud testified that Pottmeyer had a bad reputation. The 'Cross examination showed the witness to be opposed to the liquor traffic. J. B. Stanley testified that Potemey- •er's reputation was bad. The cross examination faliled to develop more than that Mr. Stanley was a temperance lecturer and engaged in a warfare against the liquor traffic. Judge Chase called the attention of the counsel of both sides 1:o the fact of the dearth of Juror Allspaugh's daughter and. consent was at once given that the juror be allowed to leave •Sunday 'morning to attend The funeral and remain until Monday morning. The sheriff was authorized to telephone the dedision to ithe Juror's family. continuously with the defendant, answering eighteen years. , Arthur Mclntosh. a son of the defendant, was called; but as There were sus- itained objections to the facts about.che •Gibson revolver two years .before the shooting, he was dismissed wiilioui: [ tesirifySng. | Joseph Shuman the owner of the gun ') Tvith -which Mclmoslh shot Pottmeyer. testified ithat whan the gun was re- 1 turned TO him there were blood spots ! on the .stock and barrel. Professor Gamble was called and - - THE Remnant Clearance Sale 1 WILL BE CONTINUED ALL NEXT WEEK Mr. Allispaugh will go to Kokotno to- nkrht and attend the memorial services there tomorrow and will return here Monday without attending the -burial on that day. John Moore, a cousin of the defendant .testified to Mclntosh being at the rwitoess' 'home on the night before the shooting. The witness sa-cr a roll of bills on the person of 'Melirtosh. On cross examination it was brought ond chemistry in the high school. He •had examined- the clothing of Mcln- to-?sh's bearing The marks of a bullet The effect of a bullet striking as this must bave. would IMS to reduce the momentum. But TO what degree would vary. In striking such clothing as these, the momencium is materially lessened. In striking a substance Eke the fleshy part of tftie body .would 'not ] •be battered much tif any on accounit of | the spiral motion in which a bullet j travels and that Jt is not at all probable thai: (the bullet would penetrate tha fle.3h ait all. He <ws cross examined by the State as to what would be the effect of the | bullet as to entering the -body if nit j long or s'hort range but he held to his original statements; abcrat the deflection of tlhe course of the bullet and stated that the deflection would be easier at a long-rang(i than a short one. The range up or down would depend on the position in which .the revolver might be held. Judge Lairy -conduoted flhe examdn- aition of Alexander Grelle, the,gunsmith, wh'o testified to having made experiments and kne-w of the power of penetration of bullets from different; makes of .guns and cartridges. He said that the power of penatraition wouM be greater from a shot fired direct Ty at an. object irham.'if shot obliquely. A. shot from a 32-calibre cartridge and being resisted by striking clotting would be deflected '.to the extent of HiO't 'penetrating .much into rfhe body. In striking a soft substance the bullet woul-d not be much Iif any battered. 1V.° [witness said, on cross examination, that if clothing should be folded, twisted of •wrinkled two halves might be made to appear as if fired ait an angle. He stated ithat there would be more likelihood of -the bullet penetrating the flesh if shot from a short range than from a long one and the saiM would be itrue as i.o tearing the clothing. If ithe bullet sOionld strike the body fair ait short range it would probably enter the flesh. The penetration would be less at a long range and might only cause a bruise. In redirect examination the witness sadd that the position of the two holes •in tdie vast would indicate the shot having been fired from short range. • Thomas Reed said that 'the platform and sidewalk at the door, of the fence ait the rear of the saloon were frora five to six inches higher than the earth outside of ithe gate. At 11 o'clock ,ths defense rested their case and court adjourned for the noon hour in order to allow the State's at- j toraeys to get their rebuttal witnesses ' in proper order. AFTERNOON SESSION. Never at -a previous session has cbe ruslh at the doors >to the court roOm For the benefit of many who could not attend, and to the pay day people a chance to secure some of these GREAT BARGAINS, we will continue this great and large ' REMNANT SALE All next week with many new Bargains added. THE GOLDEN RULE. said his 'best judgment was ! shot as Pottmeyer was should be able to move. Dr. Hollow-ay testified to ibeing a He also that 110 one shot as Potfcmeyer was. .and received a blow in ,the face could step to a door five feet away, up 'tthirteen and. one-fourth a inches high an<t back six feet back Into the room. -He sadd his best judgment •made- 'Mm think that if the blow was received before death from the shoot- a" had ensued a discoloration would graduate of Bellvlew college, New- York and had .practiced several years. Arthur Marshall said that Mclntosh did not say anything to him about money or watch. P. Dunn was well acquainted with Frank Podaneyer and gave him a good be left by the blow. But if death bad character, taken place and the circulation Stopped "before tfhe blow there would be no mark left On cross examination he said that after the shattering of Uhe heart, blood would, continue to circulate for a short time. the heart was nididled com- 'mumcation witjh the braini would! be cut off arid thus destroy the power of locomotion. Dr. Nye has practiced eiirht months. Dr. .Stevens thought a man would not be able to stop any distance and up a stop 'thirteen and one-fourth inches. He said a, shot fired from a 'gun at such short range would also have tlhe same effect as a blow, tending to knock ithe recipient back. If the arteries were severed by a load as Pott- mey-ffrs were ; blo0d woul-d .gush out. A heavy blow tin ithe face with a clinched fist would leave a discoloration. On crass examination the witness told of 'the •formaHon, of the surroundings of the heart and saM -medical aulthorHies gave a case wherein a man shot through 'the heart had walked quite a distance. He isaid a strong man ard one whoso system is full of further than a He 1 isaM on cross examSnation fltiat he had heard of fights between Pottmeyer• atnd Others, buit did not. 'know any of the alleged statements about' Pott- meyar drugging and. rolling people. Egenhart Schmitt lives about two and one-half blocks from Poiitaneyer's- saloon ami- considered' the deceased's character good. His cross examination, was to the effect that he had lived near Pottmeyer for seventeen years- but there had not been any • familiarity between the families. A JUROR'S DAUGHTER. Death an. Kokomo of a Member of the Family of one of the Jurymen. The sad intelligence was conveyed by telephone last ni&ht that Mrs. Abraham West daughter of a jnroor in the •Mclntoslh case, had died at her home in Kokomo. She had given birth to a the night previous and. -vras seem- been so crreat as titii-s afatemoon. Hun-1 out that .the witness ha? been mking jdmls of persons packed the 'halls ana an active part in the defense, hiking after wdrtraesses and conferring wntih the 'trouble that ! lobbies and it was TVi-th considerable defendant from (time -to time. Judge McDonnell said thait he had served in (the army and was acquainted with fire arms and knew something of ally knew of fighte. Louis V'a-ndrie sold Mclntosh was in Ihi* phwe of business, the Columbia j the effects of gun shots. He was asked hoteT and therein paid Mclntosh $1.25 -that thcrald a person in the position Mclntosh was, be fired upon, by an- Sor onions, Minnie Williams was in the wine • room with Pottmeyer and Mclmtosh on the day oC the tragedy. She came to the saloon in 'the morning on that day and went into the wine room with pottroeyer. Pottmeyer took a guitar and they uteiyed in the wine room and drank am : ! played music. About 10:30 Mclntosh came inlo the wine room and it hoy all <lTank whisky. At 11 o'clock Meintosh and Pottmeyer went ont of The wiue room. The witness 'heard some one call some one else a s of a .^| The witness stayed in tihe wine room until Mclntosh and Will Pottmeyer went into the alley and Frank wd s at the side door. Mclntosh went down Hie alley as the witness stood in the second side door. Frank Pottroeyer stood by the witness. The Williams woman saw Mclntosh fcnock- «l down :nnfl kicked by Will Pottmeyer and heurd Frank Potmeyer tell Will to "fix tin; s of a b '.' In CTOSJI examination the witness said she did not liear Mclntosh tell Pottmeyer he wanted to see Mm on business. She also said that when she came to 'the door and looked out <>he saw Mclotosh down on the ground S;nd that when he got up Will Pottmeyer bit <hlm and knock him down again and kick 'him. The witness also said on re-direct er- aimination tihat s<he did not see the be- •srlnning of the fight and could not say positively that >ottmeyer cam« m •from the alley or .not but that Pott- mey«T was standing by toe witness .•when ne said "fix -the s of a b ." •William H. Beatty, a painter testified that he went to the saloon on the day ' of the murder and met several people. jj 6 inaria «n eraminatioii of oilier p<;i-son, s.tamd±ng as Pottmeyer was shown to .be, but the State's objection caus-ed' the question to be withdrawn. All ith e iwitness 'was allowed to say iwas thait (he knew a bullet being impeded in its spiral movement would lose cts momentum and doesn't penetrate the object it strikes to any great exiterid and the bullet, striking on a soft substance, -would not lie bruised or Sheriff Homburg succeeded in' opemin?; a way sufficient to , admit the ladies, •tvitoesses and jurors. The number of ladies present was equal to Ithat of the day before and fewer men could gain admission. The first witness for rebuttal evidence was Al Richart who Tvas ask<;d alcohol would walk small sober man. He also said that there was no case on record where a rnau shot as Po*t- meyer was had gone any distance, but would -fall almost instantly. He also sa id a ibto'w struck wfttiin an hour after death would have the same effect as if struck 'before death ensued. Dr. Busjaim found Officer Houghton in charge of the .saloon. The witness found about ?4 on Portmeyer's body •and something- over $13 in> change in ithe cash drawer. 'He searched all the drawers in the bar and side board and found neither money nor weapons. Does -nrit ffiiink it possible for a man shot and strock a blow like Pottaieyer 1 is said to have 'been, to move back up thirteen and one-fourtHi inches and Onto a room. Such a blow, had it been wrack would cause a discoloration. Blood would gush out of a gun-shot: wound such as Pottmeyer received for some four or five feet At the time of the post mortem no sign of a blow was Viisdble on the face of the deceased. ingly getting along n'iicely until she had convulsions yesterday and died at 6:30 o'clock dii the eventag. She was the wife of the Rev. Abraham Wast, pastor of a Christian, church in Kokomo. Mr. West is a brother of Attorney James West of this city. When Sheriff Homburg received the vord he called on Judge Chase for in- ti-uctions as to how to proceed to ncrti- y 'Mr. Allspaugh. The Judge authoriz- d the Sheriff to break -flhe news to the uror and to take him to the 'phone to nd out about the particulars, but cautioned the sheriff that he "should do the ing and not allow the juror to use the 'pihone. This plan was carried out and Mr. AUspaugh requested tnal: the funeral 'be held Sunday and 1 that tbe emains be buried dn the family lot in he Eel River cemetery. ADDITIONAL ITEMS. Keep your eye on the New Otto window. Leave your pictures at 717 North St., to be framed—0. M; Hanoa. Dance with tbe Eastend Pleasurft club Monday night a,t the G. A. Rl ball. Central Union telephone No. 490 has oeen pieced in M*Iben & Vtnejr't laundry. Mlnnisee Council No. 66, Daughters or Pocahontas, will attend the Korri KarniYal Monday evening In a body. Will Brown, the ez shoe dealer, got the fine music box at the Logansport wall paper store this afternoon, on number forty-four. This afisernoon Judge Chase lisaed aa order restraining Peter Montgomery from disposing or incumberlnjf his real estate In Fulton county until his wife's suit for dlvoce 1« heard. The suit of Ida Mertz, sister of Mrs. Fred Davis, against the Chicago & Erie railroad company, Instituted at HuntiDgton, in which she demanded. 120,000 for injuries sustained by being struck by a locomotive on a crois- iDg at Huntlngton, has been compromised,, but the amount of money received by the plaintiff was not learaed. She was represented by Nelson & M!yers and McDonnell & Jenkines, of this city. CHICAGO MARKETS Mrs. iMelntosh took the sitand and as sQie raised her veil the evidence of the worry over her husband's trouble was plainly visible. She said her husband came home on the night before the shooting at 10:20 o'clock. He left home 'tbe- nexit morning about 7 o'clock, after giving the witness $4. On cross examination the witness was only asked how long i?he haid lived that iif during hie walk wiflh Mclniossh from -Cicott street to Barron-street, and i said, that no su<4i conversation, took \ place. ' I In cross examiija;tion he said, that he \ had no talk .with Mr. Kellar of the Bar- ne'tt about the itrial. He also said -tie would not attempt to say just all that was said between Mclntosh aad himself during- thait walk. Charles Ruhl -was asked if on. the evening of his talk with Melntosh the latter told him that John Bemmir and j Frank Pottmeyer were laying for him. He answered 'no. On cross examination he said he _. , could not state exactly what was said i ^ rov ' tl * P° wer of lo»™fi«n. H£ to< i thought a larse man s^.imulated by al On (cross examinatioaby Jud-ge Lairy the wiimess said thaifc even if the heart was blown, into .pieces- blood' woulcl squirt from Uhe arteries because ot tlMT tension. But on being asked second time he said he could not say how fa.r the blood would gush out. Discoloration is caused in a bruise be : cause of the swelling hinders circulation- o:f the blood'- forced by the heart and 'iif the heart was destroyed arterial tension ,would caw^e the blood to continue to circulate. Does know of instances wfoere men shot through the heart to have walked some distance and lived a short 'rime. The d>estructio:n of tire heart does not immediately dc on ithat occasion, which was two years ; aeo. Mrs. chol vrould live longer and move furth Marshall said Mclntosh Official facsimile of Medal Awarded PRICPS CREAM POWDER •YG&LB'S FAiK.CHICA60.l893 nothing about money or watch wtien he said there vrould be one sal<K>n keeper less. Walter ^human said Mclntosh >3id n<it tell him at the time 'he showed Melntosb how to load the gun anything about the money or watch. . The witness was asked in cross examination if he did not sell whisiky on the show ground, the day of Barnum & Bailey's -circus, for Pottmeyer, which be denied. Charles Oraffis said PottmeyeVs reputation, was good. On cross examination the witness denied having heard of any of the many reports about trouble in Ms saloon. He also said he had not assoc!iat- ed. with any one in tie saloon business during the last five years. Dr. Nye said he -was .present at the post mortem examination of Pottmeyer's body and did not see any mark of riolence on the face of the deceased. The witness on redirect examination said ,1hat shooting the 'heart to pie would not necessarily immediately de srroy locomotion. Dr. Holloway saw no mark of a blow on the face of the deceased, even af te cutting the skin down over tbe forehead. He thought it would 'be impossible for a man with Pottmeyer' wounds to have stepped up into a doo thirteen and one-fourth inches and walked back into the house Blooc wonlcl probably ooze out from such i "wound. On cross examination be said tihe po sition would have something to do vs .the distance of the squirt of blood, biort it would gush out nearly as far if til heart was destroyed on accotmt of ar teriel tension. He had read of ca •where persons s&ot through Ute hear had -gione quite a distance. Antharitl<; do not lay 'town, a distance that a num Receded Dallj by W 6. A. B. W. j »Unor, Chicago, Jan. 15, 1888. Wheat— May opened at 90i@90io; high, 90fc; iow, 90jc; closed, it SO REWARD FOR UEEX. The Faith Doctor Still Dalljlng With toe Spirits. Dr.(?) Eeem has not left Logansport, but his practice has fallen off argely since the death ot Mrs. Fox. [6 is not known what action the fraud jury win take in the matter. Seem denies that he gives any medicine. He pretends to ; give powders, but he claims that ihey are wholly imaginary. He depends upon spirits to i?ive relief and in cases of hypochondria he brings some comfort. Of late he has been drawing heavily upon tbe spirits and their reserve force la about exhausted. He refuses to give a list of the names of bis patients for publication. He maiotaias that he has effected some marvelous cures. Where he does no good, he does no and tbe price is just the same CHICKEN THIEYES Wheat— For July opened, 80i@fc; closed, 80Jc. Corn— May, opened, 29i@Jc; hlgM, 29}c; low, 28i@29c; closed at 29o. Oats— For May opened, 23f@23|o; high, 23|c; low, 23fc; closed at 23Jo« forte— -May opened, «9.42; hlgk, $9 . 42; low, 19.32; closed, 19.32 . Hogs—Opened stead. Receipts of hogs 17,000; estimated receipts of hogs for Monday, 38,000 he»d. For mixed, 13.50(^3.72; for heavy, I3.55@»3.70; rongh, 13 . 46@3.50; light, i3.4.5@l3.62. Curb, 90i-90fc; Puts, 90-8»{.»0tcj Calls, 91-90J-91c. Thirtieth lanlrerMry. . The thirtieth anniversary of Very Eev, M. E. Campion's ordlnitloi was celebrated yesterday afternoon. An entertaining programme wnTreo- dered at St. Vincent's ball by the pupil* of St. Vincent parochial school and Holy The celebration of Angels' academy, the thirtieth an- Arrested This Morning at Deer Creek. Three chicken thieves, two white and one colored man, were arrested at Deer Creek, this morning. They Tlsited the farms of TJriah Stevens, John Rice, Bruce McCain and Chas. Williams, last night, and stole Jill the chickens in sight, the total making a wagon load. The wagon in which it/he thieves were attempting to escape with the poultry left tracks In the snow which fell during the night, and it was an easy matter to follow them. Their capture at Deer Creek was made by Mr. McCain and Mr. Williams. It is said that the same parties stole a wagon load of chickens (southwest of the city in Carroll county, Thursday night, and sold them here yesterday. The Weather. Clearing and colder tonight and Sunday. niversary of Kev. Campion's first mass will occur at the church on next Wednesday. Now is the Time to Bay Shoes Cheap. Men's t5.00 Leather Lined Shoes for $3.M Men's :$4.00 Leather 'Lined Shoes for 3.«« Men's S3 50 Shoes for , 2.T* Men's 13.00 Shoes for 3.M Ladies' «4.00 Shoes for 3 •• Ladies' f3.50 Shoes /or. 3.7f~ Ladias' 83.00 Shoes for 1. M All ethers shoes M low la proportion , For Cash Only. STEVENSON & 403 Broadway.

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