CLOSING ARGUMENT Ex-Prosecutor Frank Kisder Addressing the Jury- PWI ,™ »„«*«. .»* *« •-.^tr.sTi'EES on a level with Mclntosh. i lu ' tL . - , B V Hamilton's testimony the speaker : meyer s *and^ ^ ^ ^^ bowed also that Pottmeyer. when he Mr J.^^ colicu rrence of .ventto the telephone, was ^ lth ^ Jf^. in reaching a verdict.-not arm's read, of his pistol-keptm the ; a-,. . ^ ^ ^ ^ by .^ ^ lower and higher courts. "Life and lib- ortv cannot be taken away wuhout evidence of the defendant's Mr. .Tenkiaes from the Attorney Jenkines Finished for Defense ai N«ou Today the arm » i. co-v.ii ^*- «*^ * - . loon to prevent violence, and said it was not liable that he would face a sworn enemy "empty-handed. testimony was the only one Donbtfol If the Stclutoh Case floes to the Jnry Before Tomorrow. Attendance at Trial i3UH Large and Great Interest Still Manifested, The argument of the- attorneys in the Mclntosb case is still going on. Mr. Jenkines did not complete his address until this morning and Frank M. Kistler began in the afternoon. It is still a matter of doubt us to when the case will be given to the Jury, but it is thought they would begin their delibei- ations some time tomorrow. The crowd this morning was as large as before, but its character bad again changed, inasmuch as among the ladies present there were seen ™ny who ]ia ve not attended before and f om Italian who is said to have so loudly for bis friend, Frank Pott- TnfiTGr The attorney said that the shooting at Edward, Will and Lucy Pottmeyer br Mrtntosh should not be considered in tte trial against Mclntosh for kill- inir Frank Pottmeyer. •Mr Jeakines made the assertion that he thought that from no family other tkan the Jesse James stripe could you find two brothers who would ron in pursuit of a man and try to Ml i . j-i. j._. I«T* j-i/•»*"»iiTi" m called to the fact that if Will Pott- mever shot at Mclntosh from the front vard the latter did not return the fire a, he did in every other instance. The next question in the case » -Who shot John Mclntosh?" Mr. Jenkine* then read other testimony .and eulo-ized Officer Dean for his courage in arresting Mclntosh. who was armed with the Winchester and who have killed one man just riiu J" i-'•**• him when their brother lay coolm; his own blood. They would naturally ^ l>v the deceased's side mourmng his deatk It shows them to be a bloodthirsty family. Mr. Jenkines said to the iurr "would you have your own ,on deprived of his life or liberty under such circumstances?" He brought up the subject of blood on tbe end of tbe building but it seemed to be an unanswerable question. The position of the blood on the platform, railing, etc., was too serious to speculate on. The par- nave uu, "—.-;- . tv . lud mus [- too serious to speculate OB. ^ ^ their positions m the ^ ^ h ^ s of flesh testified to by two wit- cal circles are well km * n^ tho t.cU ^ ^^ Meln . thev are not genemll? interested nc f e '__ _._„,„. wns standing at I'few minutes previously. Mr. Dean's testimony was reviewed at length and the -Fact" that Mclntosh showed Dean where he was shot'and said he had acted it)' self defense was emphasized. Mr. Jenkines showing that a. statement at the rime of an act was legally considered true. The attorney said it was wholly improbable that Mclntosb could bave made a lie and told it to the officer as he was being brought to jail- The testimony of William Myers showed positively that Mclntosh was standing facing east on Market street. cal circles «'<•• ""- — . they are not generally interested in the prosecution of criminal cases. YESTERDAY AFTERNOON The statement of Mclntosh that he was kicked by Will Pottmeyer was proved by the testimony of the physicians who examined the wounds o Mclntosh after he was incarcerated In 'the .iail; also by the sheriff who has corroborated every statement made by „.„ testimony of witness aga."- Mclutosh Mr. Jenkines said not one of them were Mclntosh s friends and they all claimed friendshl with Frank Pottmoyer. The speaker also referred to Will Pottmeyer as tbe bouncer for the "Westside Dive, in the testimony of Minnie Williams - - THE Remnant Clearance Sale WILL BE CONTINUED ALL NEXT. WEEK ===== • not attend, and to the pay day people a these GREAT BARGAINS, we will continue this great and large REMNANT SALE All next week with many new Bargains added. THE GOLDEN RULE. ._,, " STEELE STIRRED IIP Mr Kistler-s friends in their applause, i "md threatened to arrest and punish the offenders, so quiet reigned there- fl f t<H" '>Ir Kistler said he did not know that this jury had been selected to try the deceased for running a saloon, as would seem to be true from the coun- hinuuiuc, i"-.—e. — ,,-/\nii1 cpom to 'D6 true -i.i.uui-u»«. • which would bring his left side or back ^. ld j^ f ? om . beginning to end toward the tnil building behind which , «to lernrV ^ ^^ ^ Mclntosh. In regard to the ID lil^ icaii"*"".- Mr Jenkines did not take much stock •because of the kind of woman she was said to be by the prosecutor, although he related some of the things she said showing that it did not corroborate the 'statements of "Shanty" Hamilton, William Lane or Will Pottmeyer. The Bible reading by Mr. Jenkines on the character of such women as Minnie Williams was received in the same manner as other parts of Mr. Jenkines- .address and seemed to be effective upon the jury. The next step by Mr. Jenkines was to read reports from the records of the Supreme court as to the charge of murder in the first degree in cases wherein self-defense is shown. He also read a decision of Judge Biddle while he was a member of the Supreme court of Indiana. , . Ul this justifies the attorneys for the defense in presenting the evidence to rai*e a reasonable doubt in the minds of the jury contrary to any statement bv the prosecutor. The evidence shows That the defendant was placed in a position where retreat would have only •increased bis danger, so. according to the authorities from which Mr. Jenkines read, he was justified in firing the shot which caused the life to leave the body of Frank Pottmeyer. Pottmeyev was warned by Shewmon. looked out and saw Mclntosb coming down the alley with the gun, and bav- in- telephoned to the police that some one was going to be hurt there, yet he went to the back door to meet Mc- lntosb and if he is tbe man he is said to "be he would not go unarmed. From reading the testimony of many of the witnesses it is impossible to arrive at nn idea of just what did occur iu the place because their testimony is conflicting and in fact the statements of these men. Shanty Hamilton, William Lane and Will Pottmeyer, are only Cabled bits and do not • show clearly anything above tbe actual transaction in that place and at that time. Just before 4 o'clock the court grant od n short recess after which Mr. Jen kines resumed his review of tbe testi mony of tbe witnesses against Mcln- tosh! Edward Pottmeyer's testimony was the first read, there being no controversy over the fact that the defendant had got the gun and had held a wnversntion with different people. Mr Jenkines said he took all the responsibility upon himself when he attacked witnesses of such character and at once proceeded to tear to pieces the testimony of Edward Pottmeyer. Will Pottmeyer. "Shanty" Hamilton, William Lane and Daniel Patrick. Mr. Jenkines showed that Will Pottmeyer shot only twice and also that Will was at the side of his brother tbe first one after the latter's death. It seemed clear to the speaker that Will then and there got the pistol from •which Mclntosh received his wound. The evidence that had been introduc- tKl by the State that the door step was thirteen and one-fourth inches high wag termed by the speaker to show that the condition of the wound of Pottmeyer could not have been made by one standing on a lower grade as there was no upward tendency of the •hot This was attempted to be made Ili TS"~ >f ll« »"« I-' tosh says Pottmeyer was standin the time of the shooting. He a'iked "would you be willing to take away the life or liberty of your neighbor on the testimony of such men who it is shown were the boon companions of Frank Pottmeyer?' When Mr. Jenkines spoke of the suffering already undergone by the defendant and his family he used a tone almost, to a whisper and some of the jurors leaned forward to catch his every word. He said the prosecution had stated that if this jury did not pass sentence on the defendant the people would take the law 'into their own hands "It was an unfair statement and even though the saloon element should swoop down upon the court house and take the defendant and execute Mm on the tree just beyond the north wall the prosecutor's advice for ven-ence should not be considered." Attention was called again to the statutes regarding to the quotation of Will Pottmeyer had taken cover. This fad makes it out of the question tliat Mclntosh was struck by the bullet se •He said "are not men who rent build ings for saloon purposes as bad as the persons who occupy them? Who in Lo- builds grand hotels and Kumber of Republicans Want Succeed film In Congress. to Pottmeyer to be unsound Mr. Jenkines. "~ •gansport w**~~ ?*--places ibars on tbe first floor, and who in mind." rents rooms on Market street for sa- intend to Unlooses?" He objected to the reasonable doubt. THIS MORNING. to the effect of family should he them. He referred take away the life or liberty of a low citizen upon the testimony of a sillv witness?" The speaker called tbe ' , i _ I.T.-. n n.^Prtrt'f- ni 1 jury's attention the defendant's be taken from again to tbe character of the several witnesses, tragically showing the responsibility of the individual members of the jury and they all seemed to be impressed by the hearing. Auomer question that was given attention by Mr. Jenkines was that of Frank Pottmeyer's position at the time of receiving his fatal wound.' Evidence with-reference to the blood-being in different places was read. Mr. Jenkines further read from court records in the statute:; concerning rea niimtK?!* in ^ u*-." — — upon the State's witnesses, and he referred to the law to show that their testimony was competent. He next took up the evidence of the ens* and from the very fact that prior to last November 'both the deceased nnd the defendant lived in or near Lo-, -ansport, and showed tbe occupation of both. He entered into the evidence regarding the evidence and showed some fallacy in the story as arranged and told by witness for tbe defense. He took up the testimony of Mcln- to«lrs cousin. Moore, and attempted to show its inconsistency. After beino: nt the home of bis cousin-if he was there fit all—Mclntosh came a long distance out of his way in order to come The Fight Will be a Hot One and a Cass County Man May Get tne Place. Congressman Steele is stirred up. He is now serving bis second term In confess and the general impression is that it is long enough for a man ol) the major's measure to stay In congress. Besides he has had so much trouble in the distribution oJ offices and has so many disappointed people to satisfy that it is considered risky to put him on the Republican race track again. James Statesman, the fair haired statesman of Miami county, wants to eo to congress, and It was with the ^ . . , _ . t_i™ t> wiHI f.inn ect . atioa . by calling attention to the testimony of tbe ibartender Geisrer and tbe jani- vecords in tbe statutes concerning -- — ^' „,, , aloon for morc liquor, sonable doubt showing that it was not ^ottmerj^ ^ ^ BeMer ^^ for every doubt in tho-minds of'the jurors, but 011 the other hand the State must, make out a. case free from any . Qe that his gratified ambition that the Is the mark of tbe gentleniMi. We keep your linen as it should be. We do the work quickly m»d as well as modern machinery, pure soap and good workmen out tic it. A postal brings our wagon. Both 'phones 110. Marshall's Laundry, 608 Broadway. Hi GLIDSTOSE F1ILIS6. Grare Anxiety Felt in England Orer ,i His Condition. Special to the Pharos. London, Jan. 18.— The Pall Mall WOeUll uc j-i. ««•«.*»—, Eleventh congressional district was so formed as to make It overwhelmingly Republican. He contested with Major Steele for the nomination two years ago and obtained a respectable support. He Is now making a closis canvas and expects to win. There are already two other candidates in the field-Carey Cowglll of Wsbash and Rev. Nicholson of Kokorno. Both these gentlemen THIS MOKNIIsU. VVi Vfpnc; to <*how reason At the time of the Benner LL U U»« Bota tQese gentiea™ Mr. Jenkines resumed his argument ^^^^^^.^^:^ two years n go there was no evidence *™ 8erved ;[Q , he legislature and .^—4.;^ +„ +1,0 tosttmnnv for every doubt in tho minn*. 01 ,'__.„„„„ o+tnrrmtwi to nick aj uavc . , ,___ ,„,,„,„,.„<, honors. It Patrick's countenance, but that his testimony was remarkable. It will be remembered that Patrick said the curtains cut off the view of the rear door -also that he heard two shots. Mr. Jenkines said he could not urge that this man's testimony but he left it to tbe jurors to consider evidence of all these persons who dwelled in his den of iniquity. He said "Which one of these wit- mony of the physicians which was to the effect that no fixed rule was laid down as to how far a. man could move after receiving his death wound and then read what is said by law writers about the weight of physicians' testimony. Mr. Jenkines continued until the noon adjournment reviewing every phrase of the testimony throughout fairly and fully and emphasizing the impress of truth on the story .as told . . ! LtaVC DGl " ^w '»— " ^ .«Thar Pottmeyer attempted to P icli a j crave a |p- Qe r legislative honors, it fight with Mclntosh. The evidence,^ al etlier prop able that Stutes- shows that Mflntosh was a man who | ^^ Cowg ui and Nicholson will se- eoulcl be talked out of his intention to ^^ support of their respective do bodily injury to any one. Will Suffl ' j countles 8 nd leave Major Sceele with- man knew this—probably Frank . „„,.„„ ».„ mill hin Pottmeyer knew as much. Mclntosh told Charles Buhl that he was laying for meyers but Mclntosh Gazette this afternoon makes the following announcement In big type: '•With deep regret we learn on most excellent authority that Mr. Gladstone's health causes tbe gravest anxiety to those about him. H.U aa- journ at Cannes has not had the effect of fortifying his strength as anticipated." Placards of the Pall Mall Gazette, announcing t,he critical condition of Mr. Gladstone, are oau»- itg much excitement control the bringing of a verdict and ledding the grade of the crime, if any lad 'been committed •tot It ™,77hc .ItcrnW. actl.B to the H«™rd Circuit court ,n a ca»= ,,,r«;: ™ M ^. ?i ». : . = -ir«,™r s r ,r»«:r^ ™!+ rpf P o°t that of'all the indeterminate sentence law showing OS! 1" te n" S2 in any that the defendant would practical* rSuii. and "must necessarily be toe sent up for twenty-one years by It. untrue". He showed up toe fallacy of the idea of Frank Pottmeyer, who was known to have arms about his place, going to meet Mclntosh known to be armed with a Winchester. He road from authority that the fact of Mclntosb's being intoxicated should the Pott- said in his testimony that he was going to meet his wife who was away on a visit. He 'did not go but displayed bis "guus and fired one at the fence. The testimony of Charles Ruhl was read and main the fact was made evident that Mclntosh could be talked out of "laying for some one." As the afternoon wore on the crowd through. As yet one from announced. ! ana leave oioju-i wv»««~ necessary votes to pull him the candidacy of no Cass county has been It is understood that J a miner who. with his wife anfi family were begging of them his life and liberty. The dramatic style and voice of Mr. Jenkines compelled tbe attention of the court, jury and entire audience. FRANK 'M. KISTLER. A few years ago Mr. Frank Kistler distinguished himself as an orator in the Howard Circuit court in a case anno. W T. Wilson would not object to the use of hiis name a^ a candidate. William would make a careful congressmen ami he knows a great deal more about business affairs than the men who are generally tent to congress The name of Qulncy A. Myers is also men Cloned, and he too would give more attention he -xo CI.HL, «tJ.i.»-• —-•— -— woiim Ki • ^ u-iwfc \f *• w-— — —— multiplied until before 3 o'clock doz -' duMeg ot a Congressman than ens of ladies were standing in the , . * ,.„ ,. nrtar p to the those kept in the saloon by Frank Pottmeyer by reading the testimony of different witnesses and he show that the pistol to Tje the property \\ J.1H.I11 >> tio > v-i-i I-*'-'-* *-*• •-•— — - - , was the Augusta Schmitt case, so well remembered 'by many, if not all. tl > \JL Vil,l-i-^.i v." *• . ^ . . _ attempted to K ansport people. It is said that this jistol claimed : young attorney almost earned away >roperty of Will i the Kokomo people with his eloquence rr-^^t^v^iscs^^^^ Pottmeyer in his saloon. He referred j otten *™* s £ e ^*" t ° he the friends Official facsimile cf Medal Awarded DR. PRICE'S CREAM BUKIHG POWDER .hot This was attempted to be made ^..^ io show that Pottmeyer was on the J c__ O,~^, nel.es testified that Will said that the .The fact that it was known 3 niS\Son4d in the saloon. Mr. Jen- ler would Derfn his argument immedi- «ld "there can be no doubt that | ately after the opening of tbe atter- tbe S ide of his ] noon session, is said to have materially dticipated the increased the attendance, he evidence of ' Never has the capacity of the court Sv^iri.^^"^™ ?»«.-:»»<»»»««i»/ ™.*»'°5 £e^ae . S u. ,s >e ,— ™*'^^^°^^ court permitted the argument to proceed. Frank M. Kistler mounted the platform and immediately a bush fell upon the audience so that his steady, low. bnt impressive tones were carried into every ear. He began 'by referring to the long talk by the opposition counsel and said any reference that was made about the State's asking for a verdict of manslaughter was false for had he done so he would not be fulfilling bis oath taken when admitted. He proceeded to challenge the counsel for the defense to produce an original of the statement read, by "the long man" as he called Mr. Jenkines purporting to be from the "Federal Reporter" and denounced the great 3>r. Gunn, as a myth. He said those words were from the month of the sreatest of all infidels Robert G. IngersolL r UI? W4, Aivvi»v-J •• aisles and around the clerk's desk. Mr. Kistler said li My God, what treatment has been tendered to the witnesses who have even tried to keep the defendant out of trouble!" He also stated that Mclntosh had no friends who even went into the saloon for a drink with him except the colored man. Madison Carter. The defendant did not deny the threats made during and after the Benner trouble nor that he was refused drinks in Pottmeyer's saloon although posistive evidence was presented to prove such to bave been done. "Had he been half the man the counsel claimed him to be be would have stayed away from Pottmeyer's saloon after being refused drink and told that his very presence was objectionable." At 3 o'clock Mr. Kistler was engaged in comparing the evidence and proving its competence. He would occasion ally warm up and raise his voice suf ficiently to be heard on the outside. He is making a forcible argument will probably not finish before this evening or tomorrow. allows who are sent to congress o have a good time. It looks like it might be a good iime for a Cass county man to slide n Steele carried the district In 1896 by 4,269 votes over Joseph H Larimer. Unless there is a landslide towards Democracy, the Be publican candidate will have a walk over. ECKEI CAHILL CAD6HT ADDITIONAL HEftS. \ Pbaros subscriptions are due. Big drives in can goods at Foley'». Your bargains In dress goods; cone n today, at the Trade Palace. James W. Hess was yesterday ap- jointed postmaster for Indianapolis ,o succeed Albert Sahm. Will sell my elegant new, upright grand pianos at a bargain if sold goon on easy payments. Address F. S. Smith, Gen. delivery. Samuel Gray, of Deer Greek towa- ship, who was so severely injured in a railway accident at Galveston, some months ago, was in the city today. He is etill compelled to use crutches in getting around. x D. W. Young, formerly employe* as a messenger for the Adams Express company, has been appointed a clerk in the railway mall service and will run oa the W»bash from Logansport to Toledo an* from Logansport to Danville. About sixty of the friends of MM. Will A. Graffis of 610 Linden avenme, gave her a pleasant surprise last evening. The guests wore mwk«, and late Pocahontas Program. The Daughters of Pocahontas will give an entertainment at the Red Men's liall tomorrow evening. Following is the program: Piano duet—Mr. John and Max And Owen Got Away-Stole Canned Salmon From 6rocer Trant. Just before closing up time last night a man answering the description of Eckey Cahill, an old offender, was seen by a policeman to Ufa several cans of salmon from the display In front of Traut's grocery, corner of Pearl and Market street*. The officer gave chase, Out the thief dodged into the alley next to Snider So Alber'ii quaensware house, aod ocoeeded m escaping arrest. The cans ot fish were re- overed, however, for the thief had dropped them In the alley. Eckey iablll was found later in the night, -.!, '<M 5 C*ClilLLgii J.*Xf £UUDUH TW W»W «&KHW»W) and kept Mrs. 0. guessing until tn«f disclosed their Identity. The time was passed at cards and danclnf. Luncheon was served. Ella Van Steen- Vocal solo—Miss Beeves. Piano solo—Miss Babe Stanley. Vocul duet-Mr. Hill, Mrs. Cora Alford-Thomas. Recitation—Miss Amy Smith. Piano duet—Miss Stanley, Charles Morehart. Quartette-Mrs. Graffis, Thorns &nd Messrii. Hill and Howell. Vloilln solo—Mr. Cope. _ Recitation—MlssM. Nethercat. Piano solo—Max Mattes. Frank Bauman, of Washingto: :obert G. IngersolL » n - nfi hiD is sick with lung fever. The court was compelled to suppress townsttlp, » *»* Now is the Time to Buy Shoes Cheap. [en's »5.00 Leather Lined Uaulll wa.:i i-uuu" i^-w. — - and when looted up declared that he was innocent o£ the crime charged He gave such a somplete and straightforward account of his movements that the officers are of the opinion that It was his brother, Owen Cahill, who attempted to get away with the canned goods. Owen has disappeared he will return, and when he does he will be arrested and properly pan- nVjpfl Later—Eckey CahtU was released from jail this afternoon. Street Car Accident. Motor car No. 5 broke an axle a the corner of Wilkinson and Prat streets at 11:30 a. m. today, greatly hindering the service around the loop- It will *»*• several hours to get the disabled car back to tha power house. Shoes for Jen's $4.00 Leather Lined Shoesfor 3.M tfen's $3 50 Shoes for 2.71 Hen's $3.00 Shoes for 2.M Ladies' »4.00 Shoes for 3 00 Ladies' »3.50 Shoes for 2.7* Ladies' .83.00 Shoes for < t. 80 AH others portion. shoes a* low in pro- For Cash Only. STEVENSON & KLLNSICIL—.. 403 Broadway.
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