PRISON_FOR LIFE Such is the Verdict of the Jury in the Mclntosh Case. DEFENDANT HEARS HIS DOOM WITH STO= ICAL INDIFFERENCE. Verdict Generally Approved by Those Who Heard the Evidence. Mclntosh Will be Taken to Prison as Soon as Motion for New Trial is Disposed Of. the State prison not more tham twenty- one years nor less than two years. In this State all crimes are defined by ijtritute. •'The statute prescribes that, 'Upon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the decree charged in the indictment or information and :guilty of any degree inferior thereto or of an attempt to commit the offense and in all other cases the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged In the indictment of information.*" "The statute further declares as follows: " 'A defendant is presumed to be innocent until the contrary is: proven. When there is a reasonable doubt whether his guilt ibe satisfactorily shown, lie must ibe acquitted. When there is a reasonable doubt in which of two or more degrees of an offense he is guilty, he must be convicted of the lowest degree only.' "The constitution of our State declares that: " 'In all criminal cases whatever the jury shall nave the right to determine the law and facts. The constitution is the Supreme law of this 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 our<^ ANNUAL MUSLIN UNDERWEAR SALE. atelv following the arrest of his slayer en on his account tha tit *as all un are still fresh in the minds of all. r f It was shortly after 1 o'clock on that afternoon when the report came from i over tbe river that a murder had been that: The jury In the Mclntosh case returned a verdict of gulltj of murder In the first degree at 8 o'clock thiB morning and fixed the penalty at life Imprisonment. At 6 o'clock this morning it was known that the jury had agreed upon a verdict. A number of people were on the streets about the court house at that hour. Judge'Chase and the attorneys in the case were summoned as soon as the bailiff was informed that a verdict had been agreed upon. At 8 o'clock court was convened, the jury was called in and through its foreman the following verdict was reported: State of Indiana, Cass county. SB: In the Circuit Court of Case County, January term, 1888. The State of Indiana vs. John McIntosh. We, the jury, find the defendant, John Molntosli, guilty of murder in the first degree as he stands charged in the indictment.and fix his punishment at imprisonment in the Indiana state prison for life. . BUKKETT, Foreman. erally behaved himself. A good deal of his money went for drink Instead of being used to support his family. THE JUDGE'S CHARGE. A deep stillness pervaded the room as Foreman Barkett announced that the jury had agreed upon a verdict. Mclntosb, who occupied a chair near his attorneys, eyed the jurors anxiously. Lasit night he spoke hopeful ot being acquitted. When the written vdrdict was turned over to the clerk the gaze of the defendant was turned to that official, and wh :n the latter read, the verdict, Mclntoah gave DO outward sign of emotions other than a slight twitching of the muscles of the lips. Judge Chase polled the jury to learn if all were satisfied with the verdict rendered. Each in turn gave an affirmative answer, and the jury was then discharged . It is stated that a verdict might have been ruaohed earlier than 6 o'clock this morning, but the jury deemed it wiso in considering a case involving a duty to society and justice to one charged with the gravest of crimes that; all the evidence submitted in the trial should be carefully considered and a verdict reached after due deliberation. The Pharos learns from one of the jurors that the only question about which there was room to quibble was in relation as to whether Pottmeyer fired a shot at Mclntosh in the alley. In this matter there was oonllotlng evidence. While some ol the jurors favored inflicting the death penalty, this sentiment among them was not strong, and it was maintained by those opposed to hanging that the death penalty should be exacted with great care. The verdict seems to meet with universal 1,'avor. The attorneys on both sides are complimented for the ability with whioh they conducted the trial. Mclntosh takes the verdict rather unconcernedly. He seems to be a man who can adjust himself to any fate. He hopes for a new trial. His wife and five children are devoted to him, and two ol! the boys were at tbe court house enrlly this morning to hear the verdict. Everybody speass well of his wife. She has endured mi,ny privations. The family Is poor, but the boys are now old enough tci help make a living. Mclntosh his been tn industrious man, and whtm not drinking has gen- In&tructlons Giren to the Jury by Jndge '!"" Chase—Final Scenes in the Trial. . It -was just 3 o'clock when Mr. Kistler concluded his speech and at five minutes after 3 Judge Chase began reading his instructions to the jury, which occupied! an hour. During this time the court room was packed to almost suffocation, tout dispite tbe enormous crowd the best of order was maintained throughout, each one eagerly endeavoring to catch every word as it fell from the Judge's lips. The jurors leaned forward in their seats paying the strictest attention, and the defendant during the entire time never tout once removed his gaze from tho Judge. Once Mclntosh's little boy attracted his attention, 'but only for an instant. But there was one in the court room who, while listening to the words of the Judge, gave his attention elsewhere. That was the small son of the murdered man. Pottmeyer's boy, who has been a constant attendant upon the trial, has frequently been noticed gazing intently on the face of his father's slayer, -but when Judge Chase began his instructions the boy's gaze became riveted ou Mclntosh's face and never once was that intense look removed. Judge Chase said: "Gentlemen of the jury: The defendant stands charged in the indictment in this cause with murder in the first degree. Our statute defines murder in the first degree as follows: "Whoever purposely and with premeditated malice 'Or in the perpetration of or attempt to .perpetrate any rape, arson, robbery or iburglary. or by administering poison or causing the same to be done, kills any human being is guilfy of murder in the first degree and upon conviction thereof shall suffer death or toe imprisoned in the State prison during life in the discretion of the jury. "Murder in the second degree is defined as follows: " "Whoever purposely and maliciously but without premeditation kills any human 'being is guilty of murder in the second degree and upon conviction thereof shall 'be imprisoned in the State prison during life. "Manslaughter is defined as follows: " 'Whoever unlawfully kills any human being without malice, express or implied, either voluntarily upon sudden heat or involuntarily but in the commission of some unlawful act is guilty of manslaughter and upon conviction thereof shall be imprisoned in ; supreme law 01 mis ouiw. •»,— •The statutes of the State prescribe i committed on the Westside and ,o,n 1 hundreds of persons were hurrying to -The court must then charge -the ! the scene of the tragedy. Before^ the jurv. which charge upon the request of j crowd arrived the police had taken be" prosecuting attorney, the defend-1 charge of the salo°* and adm* on ,o ant or his counsel made at any toe;the place was denied the P^-J™J before the commencement of the argu- through the half curtained window ment shall be in writing, and the In-', looking out on the alley at the rear o structions therein contained numbered, the building the curious gazed on tne and signed by the court. In charging prostrate form of the dead maasms the jurv he must state to them all mat- body lay cooling m its ou n,bloo* The ters of law which are necessary for scene in the saloon wa, a ^kenm their information in giving their ver- one aud one not to be soon foigotten diet If he presents the facts of the ; by those who looked upon it case he must inform the jury that j In the meantime John Mclnto.h. the Sev have a right also to determine the slayer of Frank Pottmeyer. and v,l.o law; and now? gentlemen of the jury.' in a running fight on the street ha,l the court instructs you that in this case shot and painfully wounded M.S. on trial before you, you as jurors are Pottineye, a sister and^ , , fact involved therein and have the man. had been taken in charge by the the law of the' police and was hustled to the county that tbe statutes requires the court, however, to instruct the jury. "The court submits for your use five forms of verdict, one for murder in the first degree, making the penalty death: one for murder in the first degree making the penalty imprisonment during life; one for murder in the second degree making the penalty imprisonment for life; one for manslaughter under the statute now in force in respect to an indeterminate sentence and one for acquittal of the defendant Yon are at liberty to use these forms or not as you deem best and are at liberty to prepare and use such forms as you may prepare yourselves in making your verdict. The indictment in the case you may take with you." • Judge Chase continued with 'the instructions asked by the State and by the defendant. They covered the questions of premeditation, malice, self-de- > fense. reasonable doubt, and the character and occupation of the deceased, the accused and the witnesses. The Intense excitement necessary, for he could take care of j himself if they would give him a gun and a good club. Although the excitement over the affair was as intense the next day fears- of violence died away for the time being. Public interest however, began to center in the condition of Miss Pottmeyer, who was the most seriously injured of tbe three victims of Mcln- tosb's gun after he had killed the man whom he accused of robbing him. Until it was authoratively announced that, her injuries were not dangerous Mcln-J tosh had no .reason to rest easy in his cell, for had her injuries proven fatal, adding a second and an innocent victim to his fury, it is impossible to predict what the outcome would have been. Possibly Mclntosh would never have had a trial. When first taken to the jail Mclntosh talked incessantly and incoherently of the shooting. A great crowd followed him and struggled about the door in an effort to hear what he had to say. As soon as he was in the jail the county physician was summoned to dress the revolver wound which he said had been inflicted on him t>y Frank Pottmeyer. but which general report at tho time accredited to a shot from the revolver in the hands of Will Pottmeyer in the running fight on the street between the t\vo. Mclntosh also requested that Judge Lairy be summoned, and upon that gentleman's arrival, and at his suggestion. Mi'Iutosh closed his mouth and his story of the affair was never told to hprs than his attr'w-s until he told it last week on the witness stand. During the months passed in jail by Mclntosh he received no visitors other than members of his immediate family and his attorneys, but the fact that within the shaky walls of the Cass county sieve was confined a man who would soon be placed on trial for his life caused that institution to become an object of greater curiosity than for some years past. Many visitors called on the sheriff hoping to be permitted to see and talk to the prisoner, but they went away disappointed, aud had to content themselves with an occasional glimpse of the man as he gazed from his window, and those whom he chanced to recognize and saluted by word or sign considered themselves especially favored. Mclntosh stood his confinement in Is .the mark of the gentleman. We keep your linen as it should be. We do the work quickly ud as well as modern machinery, pure soap and good workmen can. do it. A postal brings our wagom. Both 'phones 110. Marshall's Lanndry, 608 Broadway. the affair and rumors of plots for sum- the Cass county jail well and is rated Kistler, for the State, and M. F. Mahoney and A. G. Jenkines, for tke defense, have each and every one conducted their portions of the case in a manner which will give them standing among leaders of tbe profession at a»y bar. Another department that should n»t be overlooked is that of Sheriff Homburg and his deputies. From the arrest of Mclntosh until the present their conduct has been unquestionable and "the way in which they have enforced the order of the court regarding quiet and order in the court room has only added to their good reputation. The evidence of tbe State and defense. Mclntosh's story and the rebuttal testimony, have all been given in these columns in detail, together with a.n outlined report of the argument of each attorney and the court'* charge to the jury so that all are familiar with the entire History of the most important criminal case in the history of the Cass Circuit court, and the verdict herein announced completes the story. •![ It has been evident to those In regular attendance that the men composing the jury have stood their confinement remarkably well. While they showed some weariness < ach evening they would come up the next morning refreshed and ready for further enlightenment in the case upon which they had been chosen to pass judgment But one thing occurred to mar the pleasure of their enforced companionship in their quarters and that was the death of William Allspaugh's daughter the grief of which I» shared to all possible extent "by every, . member of the jury. lu his fellow; jurors has Mr. Allspaugh found sympathy of deep sincerity. mary vengence became current street talk as the day wore on. The coming of night, in view of the many rumors, only tended to increase the uneasiness felt in official circles, and while full credence could not be placed in the j by Sheriff Homburg as a model prisoner. THE TRIAL. The trial of John Mclntosh on the street talk and- reports coming from charge of murder in the first degree various quarters, it was deemed advis- was set for Jan. 10, and on that morn- able by those in authority to be on the safe side. Accordingly Mclntosh was ing the interest of the public was ^_ shown to be centered in Pottmeyer's placed in a cell in the woman's depart- j slayer by the fact that the court room ment of the jail, on the second floor,' was crowded with spectators, and which cell has been his home since th-> from the very first, to the last session day of his arrest. During the after- of the trial that interest has held and noon and early evening extra guards even increased until hundreds had to and deputies were sworn in. the jail be turned from the court house unable was filled with implements of war. and to gain admittance. -Sheriff Homburg, acting under instruc- j The most remarkable feature of the tions from Judge Chase, was prepared trial is the despatch with which it has ro protect his prisoner at all hazards. ! These preparations on the part of the officials, and the additional rumor that Governor Mount had been re- been conducted. No extended legal bickerings have been allowed the attorneys by the court and the filing of cx- ceptions was done quickly and with- Official facsimile of Medal Awarded DR. PACE'S CREftH BaKMG POWDER t no ™ or tne one and that no excuse lor the crime ------- , . ... the acts of the 'accused as <*arged m itia should an outbreak occur, only astonishing. Eighty-one veniremen had added to and intensified the excitement to be examined and cross examined on the streets. . -U'ain and again, yet tbe twelve men ' in the vicinity of the jail were crowd- law governing the ease against a man ! ed with persons all anxious to hear the for putting to an end the life of a fel- were chosen before 11 FOUND A REVOLVER. It was rumored last night that Sheriff Homtourg had allowed John Mclntoch to have a revolver and a razor in hte cell. The sheriff was interviewed and he said that in making their daily search the revolver was found secrete* in the cell. Tbe prisoner had been allowed to shave himself, which accounts for the presence of the razor. Contrary to the current report which says the revolver was a large one, 44 calibre, it -was a small 22. Now is the Time to Buy Shoes Cheap. Men's $5.00 Leather Lined Shoes for 13.5« Men's $4.00 Leather Lined Shoes for 3-0« Men's $3 50 Shoes for 2.75 Men's $3.00 Shoes for. 2.50 see fit to explain those acts that was his privilege. The instructions were ****** '• through the night on different corners o'clock on the second day. This same •could" be found little groups of men speed was the order throughout tbe en- easrerly discussing the tragic event of tire trial of the case, but at the same •The police -were time every item of testimony relative the and covered every point m the dence. When Judge Chase concluded court room was cleared, the jury placed dav just past ^.—_ *. — , >v - , alert, all approaches to the city were was considered by both sides. The se' watched, and the night force "checked lection of a jury and the examination up" to headquarters Very fifteen min- of the scores of witnesses-all done in one short week—would have required in charge of the bailiff and more remained of the great trial save to hear the verdict = THE CRIME The tragic death of Frank Pottmeyer in his saloon on Front street on the afternoon of Nov. 4, last and the exciting scenes and Incidents immedi- at least double the time in many other , quickly assembled at any desipsd point courts. But no outbreak occurred, no lynchers j Another extraordinary feature con- came, and the night passed without in- ( nected with this case is the compara- cident i tive J" out * °* ' tae attorneys in charge. Through it all Mclntosh, in his cell in Not an old man on either side; the ages j_ jiiUU^n I.L in* ' »<A^J.ii«-'J*3i-ir "-* i«"j %.~— - •— - , — the jail, was calm, cool and "nervy", range from 30 to 37 years. Yet In n* j remarking to Sheriff Homhurg when case has intellect, talent and tenacity] be heard of the extra precautions tak- toeea more evident George and Frank i Ladies' 13.50 Shoes for 2.75 Ladles' 83.00 Shoes for 3.5« All others shoes as low in proportion. For Cash Only. STEVENSON & fflNSGL-^ 403 Broadway.
What members have found on this page
Get access to Newspapers.com
- The largest online newspaper archive
- 8,800+ newspapers from the 1700s–2000s
- Millions of additional pages added every month