Logansport Pharos-Tribune from Logansport, Indiana on January 18, 1898 · Page 24
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Logansport Pharos-Tribune from Logansport, Indiana · Page 24

Logansport, Indiana
Issue Date:
Tuesday, January 18, 1898
Page 24
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cTirr TATinxif SllLL lALlniU. Attorneys ia the Case Mclntosh Make Telllnic Speeches-Mr. Mahonej Closed at 11 O'clock This Morning. He i§ Followed by Attorney Jenklnes Who is Still Talking. about Pottme;rer's .business or on the subject of the liquor traffic. He read form, ground, fence, railing and house been accounted for, although it was from a statement of Dr. Gunn, one of shown to be a physical impossibility the -reate«t divines, as » the result: of [ for them to have been there had Pott- thisVaffic upon the land and indivi- mover been standing in the door as duals and ma.de a rattling good tcm- Frunk M. Klstler Will Close for the State Tomorrow—Interest Unabated. Instead of the interest dyin? out in the Mclntosh murder trial as it draws near the end, it is increasing and th'i capacity of the court room is not sufficient to accommodate the hundreds of people anxious to gain entrance in order to hear the attorney's arguments. Even the halls are packed almost to suffocation, yet amid it all there pervades a silence vrhicli allows the lowest tones of the speakers to be heard even on the outside of the court room, a fact creditable to Sheriff Homburg and his deputies in carrying out the orders of the court to have good order. At the opening this morning the crowd was not so large as yesterday afternoon, but before 10 o'clock the halls and outside aisles were more than comfortably filled. MAHONETS SPEECH. The fact that M. F. Mahoney has a reputation as an orator which, since his opening statement of the defense in this murder trial has been greatly added to. doubtless had much to do with the large attendance. It had been announced that he was to follow Prosecutor Kistler. His style is just the opposite of his predecessor's calm, earnest manner of delivery, being more dramatic and forcible. He speaks, not too loud, bur clear and distinct and with sufficient force to be heard in the court yard, yet at times he brings his tones down to such a low pitch as to make it necessary for the audience to strain their ears to catch his words. It is this way of emphasizing and takes with wonderful effect In his opening remarks he said ta the jury that he did not intend to read the Bible and work upon their feelings and intimated that that was the only purpose of the prosecution. He also attacked the prosecutor and said he thought he was not dealing fairly with the jury to anticipate so much of the defense's argument on the law of self- preservation, saying that the law does demand that the defendant prove the killing to have been done in self-defense. He also said that the opposition counsel conBned his talk to the real merit of the case only one hour out of three. Mr. Mahoney took exceptions to Mr. Kistler's statement about the Hinsh'aw case, saying that every point must be considered in deciding upon premeditation and malice. He thanked the prosecutor Cor so kindly outlining his (Mahoney'sl speech and then 'began to present to the jury tbe law on self-defense. By way of opening he read from the statutes cases similar to the one on trial showing that if a person only believes he is about to receive bodily harm and i;a acting immediately he is doing only what self-preservation demands and acknowledges to be right. and that Mclntosh was not required to prove the killing of Pottmeyer to be justifiable, if he considered his life •or property In danger, which he had done. Becoming more worked up in the subject he turned to the prosecutor and said. "Why, Mr. Counsel, do you admonish *he jury to disregard the law oil the State which you have sworn to uphold?" Mr. Mahoney also stated cases wherein the wurt's charges to the jury covered the ground of determining as to the meaning of reasonable doubt. A case where a crippled man, made angry by bud language, borrowed gun with which to protect himself from the insults. After night the crip pie was struck in a street fight and drawing the revolver, he fired anr caused a wound, from which the reci pient died in a few hours, a plea of self-defense was entered wnen he was tried for murder in the first degree, aud he was convicted of manslaughter The ease was appealed to the Supreme court which reversed the decision and remanded tlv? case for a new trial. The attorney also read from "Horton's Cri mlnal Law" that a person might pro teet himself or his property from as saulr. In reviewing the case in hand Mr Mahoney claimed that the defense has furnished evidence to carry ont every item mentioned In his opening statement for the defense, nor that he need not blush tor having made that star* meat now that the evifience was a hand. Not a witness testified that Mc- lntosh hacl a ibad character, yet the opposition counsel asks this jury to take the life and liberty of a man who has built up a record of good In the county -where he had lived nearly forty yeani. Mr. Mahoney said that the opposition seemed afraid to haw nmch «ald perance speech. He said that it was the "result of the hellish fiend, liquor, that had brought Mclntosh's family into court." He said it was with shame that he brought up the subject of the fact that the State refused to put Minnie Williams on tbe stand, although this fallen -woman was In the wine room drinking with Frank Pottmeyer on the very day of his death. He said that Pottmeyer had been in the habit of so conducting himself and that he cannot doubt that the orphan children are better off without the presence of a father with such a character. In referring to Mr. Kistler's statement that ttie fact of Mr. Mclntosh's having had money on the day previous to the murder should not be taken into consideration. Mr. Mahoney said that if this evidence was not worthy of consideration in making up the verdict the court would not have allowed it to be submitted in 1he first place. He referred to the money evidence at considerable length and insisted that Mc- lntosh did have money when he went; to 'the saloon that night. He reviewed the doings of that night and denied that any proof had been furnished showing that Mclntosh had lied. Will Pottmeyer had said that another man was in the saloon at the time, but Mahoney said "not another man on >arth x could have been found to prove hat Melntosli did not display his money in the saloon or he would have been called upon to testify." He discredited Will Pottmeyer's evidence be- •?ause he bad told one story .before 'the coroner and. a.nother in this trial. He also discredited Officer lading's story •vbout having been on hand on tha.t night, because the man Is a police officer and did not do his duty by not telling it before the calling of this trial. At the same time he said that Mcln- tosh had told the same tale from the some of the State's witnesses testified. Mr, Mahoney referred to Mclntosh's reason for not giving np his gun to Officer Houghton and to his surrender to Officer Dean in whom he had confidence and knew he would be protected from further attacks from the Pott- rneyer family. The attorney was getting down into his a-gument and making a careful and tellfa: client, when, at 5:30 was adjourned until speech for his o'clock, court 9 o'clock this morning when Mr. Mahoney >/ complete his speech. It has b^en the cause of much con- ecture as to what was done with the money if Pottmeyer did take it away from Mclntosh. No such sum wa.S found on the deceased nor in the sa- oon, Mr. Mahoney said that Mcln- tosh has furnished the key which is one solution of the question, when he spoke of Pottmeyer 'eaving tbe saloon for a few minutes when Mclntosh had pressed him for the return of the money. Since that time no one has over 'been able to find out anything about that feature of the case. The speaker also remarked on the peculiar eircuri£Srtice of there being not a single bill in about 530 that was ' Mr. Mahoney resumed his argument as he had left off the night before. He referred to the fact that he had narrated the whole story-up to the killing of Pottmeyer and arrest of Mclntosh. He brought out the idea tliaf Mcln- tosh had been confined in the jail without opportunity to look up evidence while the entire Pottmeyer family had been busy ever since training themselves for the evidence each would introduce. He said it was only necessary to look upon Will and Edward Pottmeyer to judge of the character of the one goue on before. Both these witnesses told different stories at the different times they testified, 'both in this trial and be fore the coroner, Mr. Mahoney then proceeded to sho« that the State bad failed to bring ou' all the evidence in the case, as it is legally -required to.do. The State di< not furnish a line of testimony regard ing the manner of the blood gettin outside the door or as to the receiving of the wound in the abdomen toy Moln tosh. He said that had not Mclntosh gone on the stand and told the fact the complete history of the deed b> which Pottmeyer met his death wouk never have been known. The attorney read from the statutes showing that the defendant must be given the .benefit of all the doubt and went into details what constitutes reasonable doubt. He said tnat even if the preponderance of evidence made it ap pear that the defendant was guilty as long as there was anything, no .matter how small, to cause the jury to thiuk there was any chance otherwise, they could not legally declare this defendant guilty. Again Mr. Mahoney referred to some of the State's witnesses saying ''he would not give one drop o£ that blood in the back yard for a thousand Shanty Hamiltons or a hundred - - THE1 Remnant Clearance Sale WILL BE CONTINUED ALL NEXT WEEK Kor 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 co»- tinue this great and large REMNANT SALE All next week with many new Bargains added. THE GOLDEN RULE. by one of the vermin who had been fed j buying and selling liquor and drinking on the damnable stuff Pottmeyer sold, j tbe same together, and the family had seen that not even At this juncture Mr. Jenkins desired one bill was left among the money to pause and court adjourned for the found after the death of Frank Pott- noon hour. AFTERNOON SESSION. The opening of the afternoon session | was characterized by the largest stand showed'that it was all a matter of j tcndance sinee t he beginning of the conjecture as to how a person might j tl . jal _ Two extra ro t\-j; O f chairs were inever. Next he took up the testimony of the doctors who were put on in rebuttal Helen blazes! In continuing Mr. Mahoney referred } The attorney very dramatically said that no attempt had been made to ex-. plain the appearance of blood on the side of the house. He appealed -to the to the character of' some of the wit- j jury's common sense to think for them- nesses for the State. He said anything j selves in deciding where Pottmeyer could be proved by some of them and j was standing at the time he received that others were too full of alcohol at the time to give any definite idea' of what really did occur at. the time of and just preceding the murder. Out of all those examined Mclntosh was the only witness who could tell a connected story of the affair. Mclntosh's reputation was assailed on account of being drunk on the day of Mrs. Smith's funeral. Mr. Mahoney again stated that Mclntosh had a weakness for drink and that Pott- mever had allowed him in the saloon, ! the fatal shot. He said "Does the counsel think Pottmeyer was a. moral coward who did not take a gun to protect himself when he went to meet a fliau who had threatened to do him injury ?" He repeated that he thought the children of the deceased would be better off without his presence, giving his reason that the young brother of Pottmeyer had been allowed to Income a saloon loafer and reasoning in the same line asked what might be expected from the children under such ex- got him drunk and ordered him out. at ample, the same time telephoning for the police for assistance. The attorney stated that so long as Mclntosh was on the public highway he could do as he pleased, so that up> to the time of the killing Mclntosh liad violated no law. If he then acted in self-defense he should be given proper credit- Mclntosh was the only living witness and his statement should be given credence. About the statements made to people as he came toward the saloon with the gun Mr. Mahoney said that Mclntosh's testimony was w&rth as much as the others. The State did not tell about the shooting, but only furnished bits of it, while, on the other hand. Mclntosh had told a straight forward, well connected story from beginning to end. Three reputable witnesses heard two pistol shots before they heard the gun shot and no competent evidence had been introduced to prove that Pottmeyer did not shoot Mclntosh according to the 'tatter's story. Neither has the fact of the blood stains on the plat- move after being shot through the heart. Mr. Mahoney showed that a prosecutor always makes out his charge in murder cases as-murder in the first degree, but the fact that the counsel announced he would call attention to the indeterminate law as passed last year. This fixes the guilt of manslaughter and the penalty at a sentence from two to twenty-one years, which means that after being confined for two years Mc- lntosh would be eligible to parole at the discretion of the prison board. Mr. Mahoney's speech was even stronger this morning than the night before and when he closed just before 11 o'clock it was evident that he had left no stone unturned to show the mitigating circumstances surrounding the killing of Frank Pottmeyer by .Tohn Mclntosh. Much speculation has been indulged in, as to wjiat line of argument would be adopted 'by Mr. Tenkines, who closes for the defense, ns well as 1o his manner. He can be forcible or moderate in his remarks as he may deem ro the toest interests of his client. He began by congratulating the jury on the fact that the end of this important case is near at hand. He also said that the case was not an ordinary one from the fact that -both attorneys on either side were comparatively young men. After talking on tbe right of every citizen to have a fair and impartial hearing he read from the statutes the oath required of all attorneys when they are admitted to the bar. He did this to show the jury tbe sacred position of himself in presenting his client's case. He also called attention to the constitution of the. United States in which it is provided that no punishment in excess of the crime shall be imposed upon any person; and to the State constitution showing that the laws shall placed inside the railing, and one just outside, beside the clerk's desk being packed full. The seats reserved for the f whole audi- That's what the man said his laundry came home yell and faded. Then he concluded t* try MARSHALL'S LAUNDRY, and his linen was returned as white as snow and without being torn in the least. Call up phone ] 110 aud have our wagon stop frr] ladies took up nearly the whole auditorium and the men were compelled to stand and hundreds of them were turned away because the room was entirely filled up. Judge Nelson occupied a seat near Judge Chase on the platform. Mr. Jenkins resumed his argument by referring to his closing: remarks just before the noon adjournment. He said it seemed as if there had been a called meeting of the saloon element held at the time of the beginning of this trial to see the character the witnesses called to testify against Mclntosh. He spoke of the defendant's visits to saloons saying it was to his discredit and to the ruin or detriment of the family. The fact of Mclntosh's fre- IDDIHOML ITEMS. The common council will meet tomorrow night la regular session. Two car loads of new wall paper ready tor your inspection at Wiler , Go's. Mrs. Laura Hughel, of Andersom, is In the city visiting her sister,Mrs, A. F. Stukey. Tomorrow only, umbrella drawers, 19c; embroidered trioimed drawers, I9c —Trade Palace. The Mclntosh case will go the jury tomorrow. There is a wide divergence of opinion as to what the ver- ] queuting the saloon of Pottmeyer is diet will be. A verdict Of murder la sufficient to prove that he did not intend to take the life of Pottmeyer. He called Pottmeyer an outlaw because the latter conducted a saloon day and night time, week day and Sunday in a Christian community. Mi-. Jenkins talked in a most convincingly quiet manner about the statement of rlie prosecutor that Pottmeyer had never invited Mclntosh to come into his place of business. He showed the photograph of the front of the saloon 'bearing the signs of the business, which Mr. Jenkins said, reminded him of a few words which he would recite. In that same soft-toned language he repeated that well-known 'poem "A Rum-Seller's Sign." The speaker reviewed Mclntosh's testimony in order to show that although he had taken the life of a fellow being he was innocent of the charge of murder in the first degree. If the defendant's testimony has caused doubt in any of the juror's minds there can be he first degree will require the deatb penalty or imprisonment for life. A young man, nicely dressed and with money in his pockets, wa« ound lying helplessly drunk about 12 o'clock last night on the Bide-1 walk In front of Frank Blasslng- hara's residence in the Eastend. After telephoning the police Mr. Blassiogham and a neighbor raise* he fellow to his feet and walked j him around the block to warm htm up, as he was nearly frozen. Official facsimile of Medal Awarded DR. PRICE'S CREAM BAKING POWDER WORLD'S FAiK,CHICAGO,1893 Reference was made at length to the action of each juror in making up a verdict. Each juror must be perfectly satisfied personally and not bo lead by Other minds greater than ttmir own. Mr. Mahoney again referred to the testimony of Will Pottmeyer showing that the witness had certainly lied in some part of his evidence because he had told the conflicting stories. He knew not what had made' Will simple, 'but that the eminent divine, Dr. Guim. from whom he quoted, siaid that the place such as that wherein Will had been reared was sufficient cause to make a person simple. Again the speaker spoke of the failure of the State to fully make out its case and said that not one witness had testified against the defendant's character, notwithstanding the fact that the bars had been let down by showing that Mclntosh had lived; in Cass county nearly forty years. Mr. Mahoney referred to the character witnesses regarding Frank Pottmeyer bringing the proof up and ridiculing it bit by bit, yet he was fair in saying that he did not want the jury to take into consideration the fact of Pottmeyer's business further than it showed the character of the msai. Mr. Mahoney brought up the. testimony regarding the threats thai: he intended to kill the Pottmeyer family. When he first saw Lncy Pottmeyer he told her a r bont the occurrence but did not attempt to do any violence to her. Had he wanted to kill the Pottmeyers he would have shot her down when he first met her and he would liave gone inside and shot Ed Pottmeyer after finishing Frank. He then took tip the evidence regarding the position of Mcln- tosh -when Will shot at him. Mclntosh had his back or left side to Will Pottmeyer at the time of -the shooting, yet Mclntosh was shot In the riglit side of the abdomen. He claimed that the gun was taken from Frank Pottmeyer not be changed or altered to fit any no verdict. Before going into the testi- particular case. In all cases the juryjmony of Mclntosh Mr. Jenkins - read shall have the privilege of considering. from authority setting out a precedent the law and tbe evidence complete. that where a witness swears to a cer- Mr. Jenkins called attention to the tain fact it cannot 'be proven false if law governing the crime charged in \ other equally competent witnesses this case. He did this, he said, "be- testify to the contrary. On the question of the money evidence Mr. Jenkins said it was compe- cause the prosecutor had talked at length as to what I might do in my speech." He took up the different' : tent inasmuch as grades of the charge of murder and mitted it. There could the penalties prescribed therefor, read- ', doubt about Mclntosh the court not had ad. be.any having- the ing all the law bearing on the case, but money when he went to Pottmeyer's did not discuss at length any of the ! sa!6on on the night before the tragedy, sections. He took up what is known, The evidence shows conclusively that as the indeterminate sentence law! Will Pottmeyer was on the sidewalk passed last year and showed it to mean when Mclntosh drove up. Mr. Jenkins that a prisoner under such a sentence carefully reviewed every step of the might be released on parole, but the evidence and showed Mclntosh to have sentence would not expire until the told a clear and straight story of what maximum timc-twenty-one years had transpired and was a thoroughly com- elapsed. being under tbe charge of petent witness. As to the story of Mc- lntosh about what occurred the morning of the tragedy has not been disputed by any one. During Mr. Jenkines' recital of the evidence the State's counsel objected but the objection was overruled as Mc- lntosh had testifies that he knew of these various robberies in the Pottmeyer saloon. Every item of Mclntosh's testimony applied by Mr. Jenkins in such a prison authorities all the time. Mr. Jenkins took up the subject of threats by Mclntosh on tbe life of Frank Pottmeyer some two years ago as testified to by several witnesses. He referred to the statement of the Supreme court on the character of witnesses and read extracts from the "Federal Reporter" showing that evi-. dence must come from persons com-, petent in mind and character to know what they are doine. He then attempt- manner as to almost make the large ed to show the incompetency of sev- audience see what transpired and dur- eral witnesses who had appeared ing all the recital tbe silence was such against Mclntosh showing them to be as to have made it possible for the without character, consequently their dropping of a pin to be heard. The Ian- evidence amounted to naught. He even ffuajre used by Mr. Jenkins was similar went into detail and pointed out indi-. to ordinary conversational tones, yet It was heard in every part of the room and necks were craned to catch every gesture of the speaker. Such was the condition in the courl room at 3 o'clock. Mr. -Jenkins will doubtless occupy all the afternoon in ridual persons showing their particu-, lar unfitness according to the law- showing only two ont of all the witnesses who testified on t!iat point to • be competent and one ol those, Mon-, roe Surface had told of threats by. Pottmeyer against Mclntosh. his argument Tomorrow Frank M. The attorney then showed fcy the evi- Kistler wfll close for the Stale, and the dence of one Gus Geiger that although case., win go to the jury after they re- each :had sometime previous had ceive the charges of the court. threatened the other Pottmeyer and : Mclatosb. had called off their hatred , Harry Wise, of the Westside, ba« and were friends even to the extent of' returned from a visit at Indianapolii RELIGIOUS. Berlral Serrlces at tbe English L»-] tberan Chord). Last night a large audience was out to hear Rev. H. E. Wleand, of Three Rivers, Mich. He is pastor «f j the largest congregation In tbe synod of northern Indiana. He spoke la a masterly manner on tbe suojeot, Judgment, or Four in One." H« j took up the idea that each man really represents four persons. First, tha man the world sees; second, tbe ma» j our beat friends see; third, the ma» I we take ourselves to be, and fourth, the man God sees. He discussed tbe ] Jrst two last nfght and tonight will conclude the discourse. Rev. Welan* is a good singer and «lll render tome solos during tbe week. Atl are welcome. Come and bring your frlen4t | with you. John Gray's corner on muslins in \ from opening until closing time.yei neighbor, chili, cousin, aunt, uncle I or yourself may buy. Now is the Time toj Buy Shoes Cheap. Men's 15.00 Leather Lined Shoes for.... M.Mj Men's 14.00 Leather Lined j—,Sboesfor 3.( Men's $3 50 Shoes for J.I Men's 13 00 Shoes for t.l Ladies'$4.00 Shoe* for 3 M] Ladies'$3.50 Shoes lor ) Ladies' S3.0Q Shoes for a.Ml AH others portion. shoes ia low in For Cash Only. STEVENSON & KLINSICK—. 403 Broadway.

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