Logansport Pharos-Tribune from Logansport, Indiana on January 20, 1898 · Page 24
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January 20, 1898

Logansport Pharos-Tribune from Logansport, Indiana · Page 24

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Logansport, Indiana
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Thursday, January 20, 1898
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Page 24
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GOES TO THE JURY- Argument Ended in the Mc- lntosh Case. Twelve Men "Good and True" Will Fix the Feualtv For Taking Onel Man's Life by a Fellow being. Believed That Mulntosh's Fate Will be Known Before the Hiss oT Another Snn. The public bad an idea that the murder case on trial in the Circuit court would end this morning consequently the people, notwithstanding the rain, packed the court house and listened to Frank Kistler's continuation of the argument. In their idea that the instructions would be delivered' to the jury this morning- the public vras mistaken. Mr. Kistler had not concluded his argument up to the noon hour. Mclntosh was in the alley back of the saloon one particular Sunday. He said he had been put out of the place the night before and he was there watching to see it' Pottmeyer allowed any one to enter the saloon on that day and have him slated for violating the liquor law. Had Frank Pottmeyer not locked up his place early on the night of the Eenner trouble no doubt but that he would have been killed then as Mcln- tosh Is proven- to have gone back with a gun for the purpose of "killing Pottmeyer." .YESTERDAY AFTERNOON. The speaker dealt a. telling blow to the character of Mclntosh by reviewing the evidence regarding the time Pottmeyer had telephoned for Captain Foley who came and ordered Mclntosh to go hoiii'S. Mclntosh made no statement at t!mt time that Pottmeyer had robbed him. He read Frank Kienly's testimony and showed that Mclntosh did not attempt to deny it. This same testimony showed Mclntosh was not afraid of Pottmeyer and that he threatened to "<].'> him." Mr. Kistler said, "Do you suppose any saloon keeper in Logansport, would want a man like Mc- lntosh to come into his place and raise trouble?" Mclntosh must have had malice in his heart from all evidence. Mr. Kistler was very bitter in his denunciation of the counsel for not introducing tin? evidence before the coroner to impeach Will Pottmeyer instead of abusing 1':ie -witness. He went into Mclntosh's testimony to show how it conflicted with that of other witnesses and showed he varied from his usual custom oi: carrying his money while in Pottrueyer's saloon. Two witnesses saw whui happened on the outside of the saloon on the night before the killing and their testimony does not conflict. If Officer Nading did go on the stand an<!i lie he did so to swear away Mclntosli's life, which is not probable as he hnvdly knew the defendant Mr. Kistler si.Iso referred to the eulogies passed upon Officer Dean because, he said, thai; the officer had made the arrest and testified for the side of the defense. -At the lime of a short recess a little excitement was caused by Mclntosh going ovit of the court room. Sheriff Homburj; was passing water to the Jurors and his attention was called by Miss LiK-y Pottmeyer to the fact that the prisoner had gone out without a bailiff. The sheriff put down his water pitcher and started in pursuit. When he reached the door he found that Bailiff Kreider had kept an eye on the movements of McTntosh and allowed him to retire momentarily with his little son. Even before the calling the audience t:o order he came back and took his accustomed place. After reading from the authorities Mr. Kistler showed the different grades of the crime of murder and the penalties prescribed, claiming that this case demanded a verdict of murder in the first degree, because there was expressed malice and premeditation, and that penalty is laid down as life imprisonment or the death penalty. The State did its part by proving expressed malice and premeditation and had Introduced every possible witness to furnish all the evidence. He said no words could reduce the charge from murder to manslaughter and he cautioned the jury to notice the charge of the court on that point. The attorney took up the section;* read by opposition counsel and presented the same from his standpoint showing the full meaning of malice and premeditation and that the State had also done their duty In presenting all the law on the subject "The counsel states no definite grounds but at one time discussed the sentence from two to twenty-one years and the next minute asked for their client's acquittal." said the speaker. "A man guilty cannot be guilty of manslaughter and at the same time have malice In his heart" ECe attacked the Indeterminate sentence law as applied to this case, on account of the liability of a murderer being turned loose on the commtmlty after two years and claimeS It insufficient for the magnitude o). 1 the crime of this defendant In reference to the attack on the evidence of Minnie Williams -by Attorney Jen-, kines in his speech Mr. Kistler quoted. "Let him who is without sin cast the first stone." He also said ''if it was wrong for Pottmeyor. a man who had no wife, no be In a wine room' with a woman like Minnie Williams, how could they excuse Mclntosh with his five children that have been paraded in court since the beginning of the case. Even if it was true that Mclntosh had been robbed the money could have Ix-en recovered by process of law, so it was not sufficient reason for killing a fellow being. The speaker reviewed the evidence regarding getting the money from different; persons. From this evidence it was shown that Mclntosh had only gotten this money just as he had use for it and it was the object of Mr. Kistler to show, as be declared tfiat Mclntosh lied or he would not nave run off when an officer appeared on the seem; the night before the tragedy. He pointed out some of the fallacies of Mclntosh's story and said he could imagine how the defendant's attorneys had visited the jail and coached him in his story. When Mclntosh saw'Pott- meyer was not reading the Journal, but watching him, it is funny that the defendant did not act sanely if he left, ! as he said he did, without first demanding the money alleged to have been stolen. "If any one at the Baker saloon had seen Mclntosh's money why did they not testify in this trial? If they did not why did Mclntosh want to take Ed Pottmeyer there to have him in the presence of persons who knew Mclntosh had the money on the night before." The attorney said the names of the big men of the town were read off as witnesses for the simple purpose of prejudicing the jury. Xone of them were called to testify. The evidence of the character witnesses against: Pottmeyer was turned by the cross examination as to make out that Pottmeyer was a man of good character for peace and quietude. No witness heard Mclntosh ask Pottmeyer for his money at any time. The State does not havo to prove there was no robbery, but they had done so. The defense should have called' the adminis tratrix to tell if any such -bills were found on the premises. The watch story was also absurd as witnesses saw the transaction when Pottmeyer ! brought the watch to the bar tender to I keep the watch until Mclntosh paid a dollar and Mclntosh consented to the nwttf-r and later got another drink on the watch. The speaker said counsel perpetrated a great wrong in assailing the testimony of Will Pottmeyer and William G. Lane, who is a steady hard working man. He said that to none of the witnesses had Melntosh said that he had been robbed until he was called to account by Officer Dean. If th'e jury did believe Mc- lntosh's story they must discredit that of nil these other witnesses. THIS MORNING. Before Mr. Kistler resumed his argument at the opening of court Mr. Mahoney introduced Dr. Gunn's works from which he had read in his argument and which was challenged by Mr, Kistler in opening his argument. It was passed to the prosecutor for examination. After the prosecutor looked' over the work Mr. Frank Kistler took it up and said that instead of being a great doctor of divinity. Dr. Gunn was a doctor of medicine, bin: Dr. Gunn is known to have been a writer of articles and books on the Christian faith as well as being author of domestic works on medicine. He also had some reputation as a preacher. The article referred to is a separate chapter in Dr. Gnnn's book and there can be no doubt about it being the work of his pen and not the words of Ingersoll as was charged. Monroe Surface's testimony was taken up and his statement that Pottmeyer had threatened to kill Mclntosh was shown that Mclntosb was of! such a bad character that no one, even the keepers of saloons which he frequented, wanted his presence. Mr. Kistler took up the character of Pottmeyer and by the evidence denied from the different witnesses showed that for peace and quietude PotTmey- er's reputation was good. There was no evidencs showing otherwise, while the limit of witnesses—including a Christian woman who lives very near the saloon, was used to show Pottmeyer's character was good. There had never been any trouble there before i.Mclntosh came upon the scene. The ' only ones who have blackened Pottmeyer's character has been his slayer and "the long man and the short man who tried so hard to save a guilty ' loan's neck. . ; •Mr. Kistler read the report of the care of the cripple referred to by the ' defense in argument and showed that I tae defendant in that case stated when • lie borrowed the pistol that he wanted 1 to protect himself in case he was at- j tacked, which lie was later and which attack he was repulsing when he tired upon his adversary. The question with reasonable doubt was taken up and the law governing the same, as well as that on self-de! fense and reports of similar cases on each were read. The Supreme court's report on the Hinshaw case was brought up again to make stronger the speaker's point on reasonable doubt. Some-;witnesses may be discredited, but the highest court says that if the evidence generally considered points to the guilt of the defendant, it is tne jury's duTy to so find in their verdict. Mr. Kistler said that if a man was cold blooded enough to commit murder he would not hesitate to commit perjury in order, to save his life and liberty. Minnie Williams' story was brought up again and the speaker claims that a witness cannot legally 'be impeached by the side which called upon the witness to testify. He said the woman denies that Mclntosh asked Pottmeyer to come out and talk business. He discredits Mclntosh's story as to having been asked by Pottmeyer to "blow himself." Frank warmed up considerably when he referred to the statement of opposition counsel that Mcln- tosh had done a good thing for society in taking the life of Pottmeyer. whose reputation was beyond question among his neighbors. He said he could imagine that when no bills were found on the person or prejnises the counsel had assisted the defendant to fix up the story about Pottmeyer going out for a few minutes, supposedly to hide the money. The speaker.•discredited this because the witnesses had testified that Pottmeyer did not leave the place. Official facsimile of Mieda! Awarded DR. PRICE'S CREAM BAKING'TOWDER S FA»K, CHICAGO, 1893 It was also claimed .that Mclntosh did pawn his watch for drinks as was shown by the testimony of three witnesses. Mr. Kistler said that in face of ihe defense having: objected to the court's rule of allowing- them only twelve witnesses to prove Mclntosh's good char- at-ter, not one witness wits ask'ed upon that point and the State could not le! .gully 'briug up the question other than ' in cross examination. About the re- j volvers. there was nothing remarkable about there -being a revolver in 1'ott- meyer's saloon, as there could be found in many iHisiucsshouses. which cannot lie said to ihe against the law. The story of a few licks having been passed -between Will Pottmeyer and Melntosh is not denied, neither is the request of Mclntosh for Will Pottmeyer to go and put on the gloves with him, which Will refused to do, so Mclntosh said he had a 14-year-old boy who could whip him. Mr. Kistler discredited the story of Will Pottmeyer hitting Mclntosh on the right side o): the head because as the latter 'backed down the alley, according to his own story, his left side would have 'been next to, the short alley | yet the bruise was on the right side. Even though Mclntosh did get the worst of the fight in the alley it was his own fault for he-invited the Pott- meyers to come out to fight and that was no reasonable ground for going away for his gun and coming back to clean out the family. As to the marks on the defendant's back, said to have •been made fry kicks from Will Pottmeyer, Mr. Kistler said there was evidence that Mclntosh fell out of a tree a day of two "before and the marks were more like what might have l>een made toy such a fall. And as to the I Wow on the head it would have raised a bump had it been sufficient to knock the defendant down, instead of making- only a red place. A short rece<;s was allowed for the benefit of the jury, after which Mr. Kistler called attention to a discrep- ' ancy between Mclntosh testimony and . that of Minnie Williams regarding the ' number of time Mclntosh was clown on the ground during: the fight: ali?o as i to Mclutosh going back to the silicon I afterward two or more witness-e;; denied it. but said Mclntosh went at once down the alley in the opposite riirec- 1 tion." ! The story of the trip after the- gun ! and the conversation with different witnesses was reviewed. It was shown that while talking -with Mrs. Shewman Mclntosh was cool headed and talked abont -different matters, never once mentioning that he wanted it to kill Pottmeyer until after he had secured the deadly weapon and was; told how to load it Then it was that he said he intend.ed to kill Frank Pottmeyer. after which he took the shortest rotite to the saloon. On the way he met Al Rtehart to whom he said that he "was going to clean out the Pottmeyer family and Fve got her loaded too." H.'e conld not be persuaded to abandon his purpose bnt kept on his way toward bis victim, saying "So long, you'll hear from me!" but he said nothing- about money or having been robbed Tuy the Pottmeyers. About Mrs. Marshall's testimony Mr. EZistler Friday and Saturday, The last two days that you will have an opportunity to get those fine REMNANTS, ODDS and ENDS At half price as we will positively close this greatest of great Bargain Giving Sales Saturday night, Bargains are plentiful. We have marked all our remaining Remnants at a still further reduction as every Remnant must be sold Friday and Saturday.—Come tomorrow to THE GOLDEN RULE'S Great Remnant Clearing Sale.—Next week's attraction will be ANNUAL MUSLIN UNDERWEAR SALE. said ''Do you suppose that that kind, looking lady—a mother of children— j would swear falsely to condemn a fel- j low being?'' To Mrs. Marshall 3IcIn- tosh said "You'll have one saloon-keeper less." going to show th^t the defendant had malice in his heart and makes true the charge of murder in the first' degree. . j Mr. Kistler called the attention of! the jury to the fact of Mclntosh sweating under the fire of cross examination on the witness stand. The speaker took up the gun and showed to the jury just how Mclntosh said he stood when he fired at Frank Pottmeyer. Mclntosh .said he did not pull the trigger purposely, but afterward denied having said he did not shoot purposely, yet the notes by the short hand reporter show that he repeated that he did not so shoot and still later, in his testimony, after having avoided the question, Melntosh said he most certainly did shoot Frank Pottmeyer intentionally. The attorney said that evidently Pottmeyer went to the back door to talk Mclntosh out of shooting anybody but that Mclntosh was standing inside the fence and when Pottmeyer opened he was shot down before he could get the door wide open. Mr. Kistler occupied some ten minutes or more in a talk on the velocity of a pistol ball and its power of penetration, as was brought up by expert testimony, showing the clothing worn by Mclntosh. which must have been disarranged by the manner Mclntosh was holding his gun. It was attempted to show that it was an impossibility for the shot that struck Mclntosh to •he fired by Frank Pottmeyer, Mr. Kistler snid it was an impossible story of Mclutosh that lie had struck Pottmeyer in the face when no evidence of such a blow was found at the post mortem. As to the blood story Mr. Kistler} said that "Mclntosh was responsible either 'directly or indirectly for the blood for he had drawn it from his vie-. tims." Many people had trampled in and out and they probably have tracked the blood on the platform and railing. "If the blood could squirt out as it was shown- by evidence why would it not also squirt on the high board fence if Pottmeyer had been, standing facing it according tb Mcln- tosh's story?" "The stories of Mclntosh about bow Pottmeyer acted after being shot are not consistent. Once he said Pottmeyer raised both hands with his fi(;ts clinched, and at another time Mclntosh saw him staggering back into the room holding his arms up and in one hand he heltl a gun." Mrs. Marshal s.nd her son were close and they heard only one shot at the rear of the saloon. No one except the men at work on the bridge had heard the pistol shots prior to the heavy gun shots, and they were a long distance away from the scene. Mr. Kistler said never had a case agai nst a murderer been more clearly j made out from beginning to end. The witnesses were very positive in their testimony and their evidence is competent. Mr. Kistler substantiated the statement of Dr. Nye by reference to a number of standard works on anatomy and physiology. "The doctors all testified about the same in regard to the connection of nerves with the brain.' 1 said Mr. Kistler. I Just before the noon adjournment [ ns Mr. Kistler was vividly picturing the shooting of Miss Lucy Pottmeyer by Mclntosh and calling attention to the fact that Pottmeyer was not giv- I en a moment in which to prepare for 1 death, if he was a bad man, the audience could be seen watching the jury evidently to see what effect of the- effort; of Mr. Kistler was having. From the faces of the jurors it could not be decided, as to their opinion, but they were closely following every word of the speaker and they had the appearance of being in deep thought AFTERNOON SESSION. The same eager crowd greeted Mr. Kistler when he resumed his argument after tbe noon adjournment, but in, spite of the close attention given him it was visible that most of them, came ia order to hear the court's charge to the jury. ' He opened by showing that the evil- deuce was very plain and convincing in regard to the number of shots fired and the the first shot was a heavy one, supposedly a shot gun report. All after testimony was to the effect that it showed confusion reigned from the very first shot. The names of eleven people were read whose testimony was that the ;first shot was from a gun and not from a pistol. Witnesses were in the saloon and call for the police as Mclntosb was .coming. Pottmeyer did not go behind the bar again, but went to the back door where he was met and vanquished by his avowed enemy. "If Frank Pottmeyer intended to shoot Mclntosh would he .go to the enemy and bear his breast to the deadly weapon with which he knew Melntosh to be armed ?" "Mrs. Marshall' must have seen the gun in the hands of Will Pottmeyer or she would not have said sol" He went on to show the impossibility of Frank Pottmeyer having a gun at all when he was shot. That premeditation has been clearly proven was shown by the evidence of threats by Mclntosh made to different witnesses as well as the exclamations of the defendant that "he had shot the s of n, b and here's the brains on my pants'" and "I told you I'd do it and I did!" immediately after having taken the life of his fellow being. Chris. Eckert's Vstimony was read to show that even after being brought to town Mclntosh had asked "how many arc dead?" and later he said he had "done what he wanted to!" Mr. Kistler said already too much had been said of the character of the deceased by the counsel. They had defamed Pottmeyer from the beginning to end of the trial. The trial is for one .Tolm Mclntosh for committing murdej- with malice and premeditation and should not be spared. Mr. Kistler's closing remarks were confined to the justice of the law. made for the protection of the seventy million people. He said that if you did intend to convict criminals there would be no use for courts or jails. He told the jury that they had been impaneled to try the case; they had heard all the evulerice of malice and premeditation: they had taken an oath to faithfully perform the duty of passing judgment and the case rests in their hands, which they must soon do. Frank Kistler's talk from beginning to end was convincing and upheld bis reputation as a member of the Logansport bar. as one of the best and favorably known in the State. Imtnac ul ate Is the mark of tbe gentleman. We keep your linen as it should be. We do the work quickly a»d as well as modern machinery, pure soap and .good workmen eaii Jo it. A postal brings our wago*. Both 'phones 110. Marshall's Laundry, 608 Broadway. CHICAGO MARKETS Receded Daily by W. W. MHoer, at G. A. B. BuHdinic. Chicago, Jan. 20. 1898. Wheat— May opened at 9U@91Je; high, 92Jc; low, 9lHe; closed, at Wheat— July opened, 83*@83cf; closed, 83Jc Corn— Mav, opened, 29(2l29ic;; high, 29Jc; low, 2SJc; closed at 29c Pork— May opened, »9.52; high. $9. 70; low, $9.52; clOieS, $9.70. Hogs — Opened slow; closed steady; receipts of hogs 28,000; estimated receipts for tomorrow, 25,000 head. For mixed, «3.55@3."7: for heavy, •3.55@I3.70; rough, »3.45@3.55: light, I3.50@13 62. Curb, 91H; P u t g i 91Hc- Calls, 91*3. Father Campion Entertains. Very Rev. M. E. Campion, pastor of St.Vlocent de Paul church, entertained the following clergymen yesterday, tbe occasion being the thirtieth anniversary of tbe celebration of his first mass: Very Rev. Bramtner, vicar general o' ihe diocese, Revs. J- S. Delaacy, Durham and Crowley, Fort Wayne; Very Rev. Dinnen and Rev. P. F, Roche, Lafayette: Sev. William Quinlan, Marion; Rev. John QaJnlam, Hantington: Rev. P. J. Crosson, Crawfordsville; Bev. Barrett, Hammond; Bev. M. Barns, Whiting; Rev. D. J Maicahy, Anderson; Rev. H. Hell- be'cke, Lebanon, and RKY. H. Koefane, this city. RAILROAD BREVITIES. Short Items of Interest Gathered FTMM Many Sources. The Pennsylvania has ordered 100,000 tons of 100-pound steel rails. The Wabash has invited bids on ten coaches and three dining cars, The Wabasb last Saturday placed an order for additional locomotives. Freight business Is very heavy ott tbe Michigan division of the Var.- dslla. Trainmaster Burke left today for a short visit at Terre Haute and other points in southern Indiana. For the month of December eighty- five roads report gross earnings at 840,878,217, an increase of 14.403,824. The funeral of the mother of Chief Train Dispatcher Smith, or the Michigan division of tbe Vandalla, was held yesterday at Darlington. The Elwood city council has ordered the Lake Erie & Western railway to remove Its stock yards from the business portion of the city. The voters of Center township, Hancock county, on the proposition to appropriate 147,500 toward building the Graenneld and Maxwell railway, defeated ID by 302 majority. The directors elected at the annual meeting oMhe Michigan division of the Yandalia lines give evidence that it ia looked upon as a part of tbe Vandalla system and a divisljn the Pennsylvania company will retain. The Wabash Railroad company now has a controlling lease of the Mississippi bridge at Hannibal,which the Missouri, Kansas^ & Texas formerly had partial control of. It will very likely mean tbe sending of more business by the way of Hannibal. The December statement of the voluntary relief department of the Pennsylvania lines west of PltUburj has just been issued. It shows that in December "24,949.20 was dls. bursed to 1,141 members, or in ease of death to their legal representative Since organized, there has been disbursed $1,983,166.07 In aid of 90,SW persons. Now is the Time to Buy Shoes Cheap. -, Men's $5.00 Leather Lined Shoes for I3.it Men's $4.00 Leather Lined Shoes for s.ae Men's S3 50 Shoes for 3.7* Men's 13.00 Shoes for 3 «» Ladies' 14.00 Shoes for 3 M Ladies' »3.50 Shoes for 2.75 Ladles'83.00 Shoes for 2.6« All others shoes a* low in proportion. For Cash Only. STEVENSON 403 Broadway.

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