The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-24
BROUGHT THE TEARS
Mr.. SPANS Pathetic Argument
for Annie Wagner'S Life.
An Intimation as to Motive on the Part
of Others-COmpared to Early
Christian Martyrs.


the most eloquent attorney at the bar. and
would speak TO them with such pathos that
the tears could not be restrained. Mr.. Dun
can could hardly have known how fully this
prophecy as TO the effect of Mr. SPANS
speech would be fulfilled. While Mr.. Spaan
was talking not only did the tears flow CO.
piuosly in the jury box. but all the
room handkerchiefs We're thrust to the eyes
or the auditors to receive the tears that
would come. AS the attorney spoke in his
clear, ringing voice in defense OF the girl
whose life is hanging in the balance. he
seemed TO be carried away. His words
howed freely as the mountain stream, and
II seemed nothing short OF inspiration could
prompt such eloquence. No mother ever
did or could plead for child with more
feeling than the attorney pleading for the
client whom he believed unjustly charged
with heinous crime. While he depicted
before the jury the spotless character of
the girl accused of triple murder and the,
suffering she had been called upon to en-
dure through persecution rather than pros
ecution, there was not a dry eve in the
court room. The stonIest heart could not
Withstand the vigorous assault of sympa-
my. Stout-hearted men turned their heads
aside 10 brush away tear. Women, less
ashamed OF being sympathetic, cried with
out attempting to conceal the fact that
tneir hearts bled for the poor girl on trial.
Mr.. Spaan spoke substantially as follows:
This Is probably the last duty 1 shall
nave 10 perform in this case. The defend
ant anu Is LOOKING forward with agonized
heart and with keen attention to what the
result VIII be. Her future hope and hap
lou are the supreme arbiters of her fate
showing this, will you not give that kind
In dealing with the facts in the case The
nrst question that presents itself Is, VINO
and what Is Annie Wagner? She has been
called before the jury nothing but hired
girl ! will admit that; but all the years of
ner lire nave been spotless; she has been
loving sister, loving daughter and a
Friend who was never tired OF doing for
those she loved all that was within her
stranger, and now she sits among US, al
most stranger In strange land 1t is
poor girl, unknown though she may be.
nlred girl though she may be, Is entitled
f g fair and impartial trial by a jury. and
4 peneve, gentlemen, she will get il. have
nigh duty TO perform here. L propose to
perform It without fear or favor, and in
right name Mr.. Duncan came before this
Jury and told you that his duty was an
g gr s5y one 5pe that he this
not true. gentlemen: Mr.. Duncan has put
into this case all of his ability. all of his
nouncing this girl murderess. he has
sneered at her in this the hour of her
a
because he has Charles Koesters's money
IN ms pocket as a fee. and the only. duty
ne mas 10 perform Is TO earn that fee
will show you that this is a most unhoIy
persecution of this girl.
PICTURING HER WOE.
For months this girl has lain in the
Marion county jail, with no companions
than such as are placed there by the law
and midst the cockroaches and lice which
"a In oil fhof H.
up steadily. unwaveringly, placing her trust
IN the God to whom she appealed when, on
the day of her arrest, she told Charles Koes-
ters that she innocent, and that God
would help her. While she was lying in the
Jail during all those weary months the
prosecution had been busy looking up wit
nesses against her and they have been run
ming to Mr.. Duncan's office and out of all
the mass of stuff that was brought to him
by all the old gossips in the neighborhood
against an accused he built up a structure
here that he has called a scheme. or a
plan. on the part Of this poor girl to be-
structure he built before you is a magnifi-
rent one. beautiful in outline and proper
tions; cornice. column and the DOME there
IL stood. and across its magnificent front
there was banner upon which was written
John ;. Duncan, architect; Charles Koes-
Sers, proprietor; price estimated But. gen.
ttemen OF the jury, magnificent though the
bnnding was; 1t was made of paper and
built on sand. The cornerstone OF his edi-
fee was the statement on the part of Mrs
Kate Ohieyer that shortly after the death
OF the wife she had conversation with the
Defendant. III which she told her that is
right, Annie; be good to the children and
some day you may become their mother
tlemen. from Mrs. Ohleyer and not the de-
fend dan and Mrs Qhleyer was the sister
but few short months. And now we find
the same Mrs. Ohleyer joining hands with
Charles Koesters in the prosecution of this
wanted to marry Charles Koesters and
che she er upon one her ne Owl ,fonfessen was
Mrs. Margaret Ohleyer. the mother-in- w
OF Charles Koesters, talking of marriage
10 the defendant with Charles Koesters,
the death of her daughter and now we
find this woman a witness against the de-
PENDANT upon the very proposition that she
that aetuates these women? They suggest
ed marriage themselves, and now we find
them as witnesses upon the stand full OF
venom and animosity against the defend
ant. Never, at any time, has the defendant
said a word about marriage to anybody
Charles koesters himself was forced 10
testify. upon cross-examination, that i'm all
the months she lived with him after the
death OF his wife, he never saw an indis-
Greet action nor a suggestive posture OF
the BODY; nor anything that displayed the
scheme that the gentlemen now 50 learned
~ tdik ABOUT. she has always been true
TO her characteristic same kind patient
loving girl. Woodworking and instant in the
performance OF her duty We have traced
her character back to the old fatherland
and from the day she slept infant in
= her mothers arms We know her mornings
and her outgoings. and she has always
walked a patient. Misunderstanding devoted
woman. This character will stand between
her and her aceusers as the flaming sword
OF Gideon stood between Israel and his en-
emieS.'' "
Mr.. Span then took up the evidence. and
dwelt upon the many little incidents
brought out during the trial which the
State had endeavored TO distort into evil
dences OF guilt He placed these incidents
before the jury in their natural light
THE RING INCIDENT
Continuing. he said: They tell you that
this woman was unfeeling woman be-
cause. when little Mamie lay dead, she
took the ring that she had presented to
the little girl from her finger: but we
proved. gentlemen. that she did 1t because
Charles koesters told her TO do it, at the
same time telling her. L did the same
thing Annie; 1 took the gold ring off Of
my wife's finger when she lay in her cof-
I'm; gold is too good for the earth This
Is the same man, gentlemen OF the jury,
who afterwards said, when this girl had
bought 10 cents worth of sausage to feed
the watchers when the coTpses lay In the
house: You are too eXtraVagant; never
got anything when 1 sat up with the dead.
and / don't propose 20 furnish anything
for others He told you in his evidence