ARGUMENT BEGINS, Prosecutor Kistler Opens for the State A Careful Statement of the Law Governing the Mclnt«sli Murder Case and a Summurj of the Evidence Fresenled,, Attorney Maboney Began His Argument f»r thci Defence Tbls Afternoon and is Still speiiking. The Case Will go to the Jnry Some Time Tomorrow—Great Interest Still Manifested in the Case. The recess from Saturday evening until Monday morning did not in the least detract from the interest in the Mclntosh trial. Among the ladie? much'time was put in conjecturing at to who would make the most convinc ing speech in the argument, while among the men eren bets were postec on the final result of the trial. The sen teace has 'been estimated at from five to twenty years and by the most racli cal persons at life imprisonment or even the death penalty. The opening c>f the argument by Prosecutor Geor,;e Kistler drew a large crowd, who followed his remarks very closely. A vote was taken (by the Our Club Sunday night and among the twelve persons voting ten were for the death penalty and two for life imprison ment. At Twells' cigar store: twenty votes were; polled at noon today and all predicted that a death penalty would be assessed. SATURDAY AFTERNOON. Dr. Cady agreed with other doctors •that a maw could not step up into a door after receiving a wound like Pottmeyer's. He also knew of cases, when cross examined, of persons having lived some time after being shot in the heart. The shock wf the impact of the muscles would havo an effect on the nervous system and 'thus effect power of locomotion as would also the destroying- of tihe heart and arteries. In redirect testimony he compared the wound of a small ball with 'that of a charge o£ shot, showing the latter would cause a greater flow of blood and any one beimg shot by a charge of shot, 'sudi as the cartridge** vised by 'Mclntosh would die almost instantly and would not be able to move about. Mrs. William Burgman lives near the Pottmeyer saloon and knew Frank Pottmeyer (personally atx>ut four years and know his reputation for peace and quietude to be good. James Kleckner, desk sargeant at the police 'headquarters: knew Pott- rneyer well and his reputation was good. On crass examination rhe wilness denied; 'having heard of Potrtmever ever having trouble and did not tell anybody about Potrmeyer's diameter. George Marshall was acquainted witfli Pott mover and considered his •dmraoter good, having heard nothing to the contrary. Newton Jackson was at ihe jail on the day of Mclntosh's arrest and had a conversation, about money with the •prisoner. Witness stood asSde without being further questioned. Charles Kerlin testified that he opened Potmeyor's safo 'because it could not 'be opened: by the combination. He dnlllod into tlio door amd picked the lock. He found nickles and pennies and small change, to ttlie amount of $4, Took everything out of the safe. Mrs. Mimwrnan and Policeman Miller were presKQit when the safe was open- Officer H'Oiishton said he was present ».t the time the search was made" in the saloon for money. About S-t was found on rho body amd about ?13 in the casfh reghitw. all change. Will Pottmoyer was called and the ladies wen? notified that his evidence would ibe of a character which they would proViably not like to listen to, so they retiri*:!. The witness said ho was in tie saloon when Mctotosh came in. He stayed in, refusu'n.sr to go out an-d -hold the horse. Ail three went out together. Frank stood at the door while the witness and Mclntosh were on the sidewalk. "While on the side walk the witness saw Mclntosh have a bill \in his hand and put it in his pocket On cross; examination by M. F. Mahoney he denied has testifying- before the coroner, which, was signed by Km. Dr. Stetisns was recalled 'by the defense and was cited to a certain case in which ,1. man was shot almost like Pottmeyei's wound' reported in Beck's Medical Jurisprudence. The doctor said that ':ne work was authtaotic. but that he was skeptical when he read of sroch stories. He had also read of a person who was shot through the heart l>y a larga bullet yet lived for three d&ys. Officer Nsding was called aiad stated that ha hesird Mclntosh and Win Pottmeyer cm-situs and swearing and WHI prevented Mclntosh from going tnto the saloon, Mdatosh said ha "wanted to get in and see the s— of a b " TO which Will replied ''you've caused enough trouble." On cross examination "ho «rid Will Pottmeyer followed Mclntosh to the buggy but did not liave hold of him. The witness said he 'thought Mclntosh saw him as he was only a few feet away. Dr. -Stewart's: testimony was a. eor- roboration of that of other doctors regarding The possibility of a pereon moving as Pottmeyer is said to have dome, having faien. shot as ihe was and having been slnruck the Wow said to have been delivered by the defendant. On ci'oss examination ihe said that after the heart was destroyed a blow might be received and not cause much if any dfcicoloring. He said that the destroying of the right side of the heart and pulmonary artery would not destroy the power of locomotion until such a *ime as the blood had left the brain. He had! not read the cases referred to by the attorneys in questioning other witn<sses. but he considered such cases when reported in standard works of Medieial Jurisprudence to be authentic. On rednrflct examination the witness sa'id that there rwas a dependence of ono system of nerves upon the other. Patrolman Miller testified that he was present when Pottmeyer's safe was opened and nickles, pennies and small change to the amount of $3 or $4 were taken out. There were no bills. This -ended the taking of testimony in tha famous murder 'trial after scores of wtoBSses had told different parts of flie story regarding lie snooting of Frank Pottme;rer toy John Melmtosh, many of them 'having been on the witness stand as much as three different times. Court was adjourned until •Monday morniing during which time eleven of the men who will decide the •fate of 'Mclnitosih will 'be confined in tflie -court house, almost as much prisoners a;5 the defendant himself, while the .twelfth man has gone on the sad mission of attending the funeral of a menroer of his family. MORNING SESSION. Judge Chase announced to the regular panel of jurors who are not serving in the Mclntos-h trial, their dismissal until next Monday as it was not supposed their presence would be required until that time. The sheriff was instructed to admit as many people to hear the argument as could find standing room just so that good order was maintained suf- tTcient to allow the attorneys to be heard in delivering their speeches. The members: of the jury presented ;i refreshed appearance after their rest over Sunday and after having received very visible attention at the hands of a barber. Many people who had heretofore not attended the trial, waiting to hear the arguments of the attorneys were on land and once more the appearance of the audience was changed materially. As has ''been the case for several days, the ladies formed a large per cent, of .he audience. Another noticeable feature was the entire a:bsence of dirt from the court •oom and the halls and lobbies leading thereto. Janitor Gerrard must have joen kept very busy during the ad- oiirnment with a large force of people to have succeeded so visibly. Prosecutor George Kistler began the argument in his slow deliberate style which at once caught the atterition of the jury and entire audience. He- opened by referring to the fact that everything must be governed by some aw, and the fact that everything animate or inanimate must be made to suffer for any violation of law, whether natural, divine or civil. At the beginning of his explanation of the laws governing such cases Mr. Kistler called the attention of the jury to the seriousness of the violation of all the laws of nature and ma;n, and read from the 'bible portions of tike law- given by the Almighty to Moses and the penalties therein prescribed and drew comparisons of the case now in hand with those referred to In the bible. The prosecutor next referred to the laws o'E Indiana setting forth what constitutes murder in the first degree and giving the penalty as death or imprisonment for life. He took up the indictment returned by the grand jury, which be explained section by ;-ection in showing that the killing of Frank Pottmeyer was done feloniously, with malice and premeditation. He referred to many cases in the statutes somewhat similar showing what has been held ; by courts to be premeditated malice and decided as murder in the first ' : degree. The nest reference was to the manner of proof to be considered in deter! mining that Mclntosh killed Pottmeyer with premeditated malice. It is lair] down in the statutes that premedTHited j malice means the lying in wait to do • an act of violation or threatening to j do the same. Mr. Kistler declared that. • never in any case on record had sucli j evidence of malice and premeditation been so ponponderantly shown both by threats and lying in wait on the part of Mclntosh. Mr. Kistler referred to what might •be said and what manner would be adopted the attorneys for the defense in regard to the proving a person guilty without any reasonable doubt. He referred to the Hinshaw case and read what the judge in that case declared reasonable doubt means and applies to. He showed that it did not apply to subsidiary facts, but the direct offense itself taking into consideration riialice | and premeditation. Mr. Kistler says there is no middle ground in this case. If Mclntosh acted in self-defense he should not be convicted. But if you disbelieve the de- I fendant's story, which contradicts the I testimony of nearly every witness, you j will .have to find him guilty. If the •killing of Frank Pottmeyer was done 'by Mclntosh in defense of his own life, contrary to the testimony of many witnesses he cannot be convicted; He made a comparison,of defense reciting that "self defense begins where necessity does and ends where necessity ends," and showed that' where there was no necessity there could be no defense. In showing the lack of necessity, consequently no defense, Mr. Kistler brought up the fact that Mcln- tosh had known he could not get his money from the Pottmeyers ancl the very fact of his going armed showed it could not be maintained that the act to be premeditated malice and could not be shown self defense. The prosecutor reviewed the evidence showing that it was not disputed that Mclntosh killed Pottmeyer and from the fact that Melntosb claimed to have done the shooting in self-defense necessitates the conclusion that tlie act was done purposely, leaving only the facts of malice and premeditation to be proven by the evidence. It was not until in calling the jury's attention to the statement of Mclntosb himself that the prosecutor seemed to • - THE1 GREAT - Remnant Clearance Sale WILL BE CONTINUED ALL NEXT WEEK 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 coa- tinue this great and large REMNANT SALE All next week with many new Bargains added. THE GOLDEN RULE. all the audience because they had | for any murderer to do would be to j heard the evidence when it was intro- j come before a Cass county jury and j duced and had read it all in the papers, claim self-defense to be acquitted. He On this account some few persons re- i also said something about such a ver- tired from the room while Mr. Kistler I diet being sufficient to make the pub- was talking. ' lic more determined to enforce the law At the time for the noon adjourn- without the aid of the courts. ment Mr. Kistler had not concluded He ended his very forcible address his argument'and suspended until the at 3:20 and it is generally thought that afternoon session and the judge re- i he made a favorable impression ,n the called the jury's attention to his former charges. At the opening of the afternoon ses- minds of the jurors. M. F. Mahoney opened for the defense just as the Pharos was going to Helenblazes! sion over half of the great audience P re ss. j was composed of women and at no ; . former session has there been such a ! The Pharos contained an unintended crowd present. All this goes to show error in the testimony of Fred Seybold the interest in the attorneys in charge of the case. Each of the four who are to speak in this argument is comparatively a young- man and has many friends who want to hear them in this, the most important trial in the history oC the Cass Curcuit court, aside from the curious interest they may have in the case itself. Before the opening of ciiiirf. it 'became necessary for the sheriff and his deputies to clear the That's what the man said when his laundry came home yellow, orm and faded. Then he concluded t* try MARSHALL'S LAUNDRY, and his linen was returned 10 white as snow and without being torn in the least. Call up phone . 110 and have OBIT wagon stop for ' your work. vindows in order to allow necessary ventilation. Mr. George Kisrler resumed his argument where he left off before adjournment, continuing his review of the trip when it made him say that, at one time he had gone on Pottmeyer's bond. It was Mclntosh's instead of Pottmeyer's bond he signed, RAILROAD BREVITIES. Short Items of Interest Gathered From Many Sources. The Big- Four will construct extensive yards at Anderson. The Pennsylvania is equipping its lines liberally with long distance telephones. Tbe Pennsylvania has just put In r.-f Mclntosh from where he was shown operation at its shops in Altoona by Walter Shewman how to load the: Bome electric cranes which will lift to the scene of the murder and Tlie statements of Mclntosh to per- get warmed up to his argument As he ; eons he spoke to en route, referred to the cool and deliberate; sixty tons. earnings of the Wabasb, the first week in January were *30,753 in ADDIHONAL ITEMS. Official facsimile of AJ DR. PRICE'S CREAM POWDER WORLD'S FAitR,C!flG\GO.I893 manner in which the defendant told j his story and tried to show sufficient j cause for the act by which he removed j from earth a fellow being and left three orphan children, many of the ladies in the audience as well as members of the deceased's family were moved to tears and others were visibly effected by the narrative. He recalled that the evidence showed that during Trie two years previous to the murder j Mclntosh had declared that he only frequented Pottmeyer's place for the purpose of giving the Pottmeyer family a chance to attack him that he might show that they conld not whip him. All this evidence and more wa.s presented to show Mclntosh to ibe of a quarrelsome disposition and on account of this disposition Pottmeyer had often requested Mclntosh to stay- away and as often refused to sell him liquor. According to the evidence, said Mr, Kistler. Mclntosb had not been substantiated in his story in a single incident and his own story was not as he stated it at the time of his arrest. And the fact of his worrying about Pottmeyer having the money taken the night before the murder was not consistent in as much as Mclntosh said he thought the money was taken as an act of friendship on the part of Pottmeyer because of Mclntosh's intoxicated condition. No evidence was shown to account for the expending of any sura of-money lay Pottmeyer nor was any snch sum of money fonnd on the person or premises of the deceased. The prosecutor forstalled the defense by referring to Minnie Williams as a woman of no moral character, but: as she was called as a witness for tlie'de- fense they cannot impeach her testimony. He then went on to call up the fact that the woman claimed Mclntosh remained with her in the wine room after Pottmeyer went out He also referred to the story of the stealing of the watch and showed McTntosh's story to have been positively denied by four or five witnesses who claimed Mc- lntosh pawned the watch to Pottmeyer. In regard to tfoe fight in the alley Mr. Kistler showed that the evidence of Minnie Williams proved clearly that Frank Pottmeyer was not in the alley but. stood in the door vrith her. Also that Mclntoi?h did not come back into the saloon sifter the fight In the alley with Will Pottmeyer bnt contrary to Macintosh's statement he went Immediately down the alley and after the gun. The going over all the evidence by the prosecntor showing Mclntosh's actions while at different places getting a znn and the remarks to many persons regarding the Mlling of some one was not sufficiently Interesting; to hold There were many in the audience excess or those ot tile corresponding who did not hear Mr. Kistler's morn-; W3e k of 1897. ing speech and for a short, time they j Q a Wednesday 3SI loaded cars were did not seem to get run of bis remarks, i flan( ji e( i on the Terre Haute and Lo- bnr ns be continued the interest grew g an8 p 0r t, division of tbe Vandalia and by the time the point of tbe evi- ( jj Qe?i 15 being a record-breaking day. dence regarding Mclntosh's remarks to It is said that the syndicate which owns the Wabasb will be one of the bidders for the Kansas Paclfio. Secur Ing it would give the Wabash a direct line for Denver. Tne new station and office building of the Wabash at Montepelier, Ind., the junction of the Chicago and Detroit, divisions, will be completed this month. It is a handsome depot,con structed of pressed brick and cost 17,500. an unseen person in the saloon door. "I'll give you a dose too", the prosecutor was .IK closely followed as he had been in the morning session. The remark was construed by the prosecutor so as to show the character of the person making them. The goodly portion of Mr. Kistler's address was confined to the testimony for the State, setting out premeditated malice on the part of Mclntosh. He especially referred to the evidence of Miss Lucy Pottmeyer. whose story was substantiated in every other particular, with that of Mclntosh whose statement was backed up by other evidence. His interest in the case seemed to increase as he referred to the shooting of Miss Lucy Pottmeyer and her brother Edward, without any provocation, and after having killed another member of their family. Mr. Kistler called, attention to the fact that it was after Will Pottmeyer had shot at Mclntosh that the latter exclaimed that he had been shot and displayed the wound he had received. He referred to the expert testimony that had been introduced, by the defense, saying that while it was shown by tbe experts that a wound like Mc- lntosh's might have been inflicted at short range by being deflected by coming in contact with the dothing. the same was inore likely to l>e made from a longer distance. The prosecutor also brought out the defendant's statements to parties that "I said I would ! ling at Hagerstown. It- was believed kill Frank Pottmeyer and I have done ! »t the time that 16 would be found ir. He anticipated the argument of the defense by referring to what they might say about Will Pottmeyer taking the revolver from Frank's dead hand and fired at Mclntosh from tbe corner of the Uhl building. Mr. Kistler again spoke of there being only two points upon which £he jury could decide—that the defendant shot Pottmeyer in self-defense and should be acquitted or that he was guilty of murder in the first degree and should be given the extreme penalty. He said there could be no middle ground and produced the statntes to prove such an act as Mclntosh's conld not be made manslaughter or mnfder in the second degree, calling attention to tnere being no absence of malice or premeditation, but on the contrary it was piremiditated and according to the preponderance of evidence Mclntosh was guilty of one of the most fiendish crimes; in the calendar. He forcibly dwelt on the snbject of mercy, bnt he said il this man, be acquitted for snch a crime it wonld be said that all that would be necessary The names of the directors elected at the annual meeting of the Michigan division of the Vandalia lines give evidence that it is looked upon as a part of the Vandalia system and a division the Pennsylvania company will retain. John Mooreland, the well known foreman at the Vandalia round house at Terre Haute, has been promoted to the foremanshlp of the round house at Indianapolis. Thomas Gilmore succeeds him at Terre Haute. In the year 1897 there arrived and departed at tbe union station at Indianapolis, a total of 46,077 trains, handling 282,785 cars, against 45,321 trains, hauling 262,352 cars in 1896. Tne increase in numoer of trains in 1897 was 756: in number of cars handled, 433. J. H, Stewarb, a freight brakeman on the Klcbmood division of tbe Panhandle, had his left arm mashed Saturday morning, while making a coup- necessary to amputate the Injured memoer. Stewart resides at Btcb- mond. FIEST ASXOiL EXHIBIT Of the North Central Indiana Poultry Aggwiation. The first annual exhibit of the North Central Indiana Poultry association, to be held In this city from Wednesday until Tuesday next, promises to be a success. There wlll b« over 1,000 birds on exhibition, and the entries In the bench department has already a total or twenty-eight, including two from St. Louis and three from Cincinnati. The poultry department will contain fowls from Onto. Illinois, Michigan and Kentucky. Cass county farmers will have 500 birds on exhibition. Will Dewenter, of Lafayette, epont Sunday here with his brothers, John C. and Herman Dewent*ri Salmon lOc can.—Traut. Mrs. Louis J. Bleg, of the Easteni, is seriously ill. New china, new patterns, still fret at the New Otto. Mrs. W. M. PIckard, of 2«1T George street, is sick. Miss Gertie Carroll, a clerk at the Trade Palace, is sick. Over two car loads of new wall paper is now on display at H. Wller & Go's. Mrs. Henry Shanks, residing somth of the city, is under the care of a physician. See for yourself the low prices OB fine shoes at WHley's cash shoe store, 3d and Market street. Letter Carrier Dennis McCarthy is taking a short vacation. Extra Carrier John Mader is filling bis place. A letter received by /. A. Seybold from Missouri, stated, that the wile of Dr. Ira Seybold had suffered a relapse and was in a dangerous condition. Mrs. I. N. Cash ancl Mrs. E. If, Walden will entertain the Penny- club of the W. E. C. tomorrow afternoon at the home of Mrs. Cash, 1130 Market street. All invited. This week will be a hummer in the Trade Palace if low prices count for anything. Ali short ends go throughout the store. Our linens are wonderful bargains. No lady should miM this chance. Muslin and sheeting sale Wednesday. Don't get left o« this sale—the big sale. Come and get in the crowd that attend then sales. All the sportsmen in Huntlngto« county will meet on January 19, for the purpose of talking over the feasibility and advisability of importing Mongolian or Chinese pheasant! and stocking several farms with thew birds. There will likely be a larga attendance at this meeting, as It wlft be a good opportunity to talk oter the many other little points of considerable interest to the sportsmen and perhaps lead to an organizatlOB that will protect game birds from tha ravages of pot hunters and Uw breakers. Now is the Time to Boy Shoes Cheap. Men's 15.00 Leather Lined Shoes for 13.M Men's $4.00 Leather Lined Shoes for , M Men's 83 50 Shoes for »* Men's $3.00 Shoes f or M Ladies' «4.00 Shoes for Of Ladles'13.50 Shoes for 7» Ladies' 93.00 Shoes for , . w Alt others shoes u low la pic- portion. For Cash Only. STEVENSON & EINSICJL—^ 403 Broadway.
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