Evening journal., 1891-02-11
THE JURY oeLlBeRATINe.
spOerl Trial Ends-A Continuance of the
ColtOn Case Asked For.

Cotton Case Asked For.
At the afternoon session Of the court
yesterday afternoon the case Of the state
vs. Harry Spoerl was proceeded with
John Mccullough time keeper for the
Remington Machine Company was called
but could not tell whether Loues was At
work on tine day in question or not
John Woodward was positive that Loues
was at work all that day and eat dinner
at the place
Mifiin Carey testified that he was, that
Loues came to work at the Remington
Machine shops on January g. On Jan
nary 2 he ate his dinner there. He
might have gone cut after 10 o'clock
Charles Armstrong testified that on the
day in gues ion Loues was employed at
the Remington works on January 7. he
ate his dinner with him in the shops
George Mccoy testified that he remem-
bered Loues coming to work on January
o. He was positive that Loues was at
work on that DAY.
Z Broomal Dyott corroborated the other
witnesses.
James T. EBgle testified that on his
recollection there never was a chair in
the shop
A number Of other witnesses gave
similar testimony.
Mr.. Turner was about to call witnesses
to prove the character of Spoerl, but as
they did not live in the neighborhood ia
which the defendant lived, their testi-
mony wo1ld not be accepted. After Judge
Comegys had made his ruling Frank D.
Carpenter persisted in saying that they
had q right TO call the witness
at length the chief Justice said sternly
''Sit down. Mr. Carpenter. Mr.. Car
penter collapsed Nathaniel w. Davis
then submitted the case for the state.
The court then adjourned until 10 o'clock
this morning.
At this mornings session, after Law
yers N w. Davis and f. d. Carpenter
had spoken on their respective sides in
the Spoerl case. Henry Clay Turner ESQ.
began his address for the defence. 1t
was both eloquent and argumentative, q
strong contrast to those that preceded it,
With simple elequence he told the story
ef J. Han Dubois, to whom he compared
that Of Harry a Spoerl. He pointed
out the various discrepancies in the
testimony given by the children
and referred to the strong contradic-
tory evidence produced by the state. Be
tore the testimony Of Emil Jones into
shreds, and called him q wife beater aud
Liar. He did not wish to say anything
harsh about the children, but there was
q conspiracy behind them that he would
like to reach.
During the delivery Of Mr. Turner =
address the whole court was stilled and
the attention of everyone ri veted on his
words The wife of Spoerl, a young
beautiful woman, wept as he referred TO
the stigma that would attach to her
unborn babe did the jury find her hus.
band guilty.
Judge CulIen charged the jury. He
said that if they believed that the chill
dren told the truth they were bound to
convict the defendant, as time was imma
terial, particularly when children were
concerned The Jury retired at 12 35.
The attorney general then said that he
was ready TO proceed with the case Of
Franklin B Cotton. Benjamin Nields
asked that the case be continued until
the May term on the grounds that
James Mclaughlin, a material witness
was still i'll, and DIR. Bullock would be
produced to testify to this. 1t was also
material that the tally list be produced,
and according to the Statue, the boxes
containing them could not e.opened
until the end of this month
Attorney General Biggs opposed the
motion The tally lists could be easily
got at by an order from the court if It
was material to have them produced. He
believed that the illness of Mclaughlin
was only subterfuge to prevent the
ease going 60 trial
This declaration brought Mr.. Nields
again to his feet. He said that this Ian
guage Of the attorney general before the
jury was one reason why the case should
60 over He had no hesitation in furnish
ing to the court what he wished to prove
by Mclaughlin. Further argument was
postponed until after the recess.