The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-23

stand for two days and told the story Of
her lie Do you remember, gentlemen, that
Mr.. Duncan, in his argument yesterday,
actually complained to you because Mr.
Hoffman, in his rigid cross examination
could not phase her?''
At this point Mr.. Brown announced to
the jury that he wished 10 read to them
a description Of the defendant, and began
reading an article from the Indianapolis
journal Objections were made TO the read
Ing of the article TO the jury, and the court
sustained. the objection.
DISCUSSED THE ALLEGED MOTIVE.
Mr.. Brown then turned his attention to
the evidence Of the State as to the motive
which they claim prompted the wholesale
murder He called the attention of the
jury to the fact that if marriage was the
motive il was no motive, for the reason
that the only life that could possibly stand
In the way of such a union that OF
Mary Koesters, and she died a natural
death. The counsel then went to the time
or the death Of Mrs. Koesters and called
attention 10 the fact that a sister of the
Sacred Heart Church, while the body Of
Mrs. BOOSTERS was still in the house, told
the deIendant to remain and take care Of
the testimony OF the defendant that Charles
Koesters himself had told her TO do just
as his wife had done. He also called at
tention 10 the fact that koesters was not
put on the stand TO refute this evidence
by ,, the defendant He then went into de-
ents given the family by the defendant He
also called attention TO the fact that she
gave presents TO the family OF her brother
m-laW at the same time she was making
the presents to the Koesters children. He
referred to the refusal OF Charles KoeSters
10 buy his daughter the cloak which her
mother had promised her. and described
the pathetic pleadings of the child to the
defendant for The cloak. He became very
caustlc when he came to speaking of the
effort of the State TO distort these little acts
Of kindness into evidences of a heinous
crime and diabolical disposition never
equaled in fiction. Then Mr. Brown went
into consideration of the idea of marriage
He said:
Did Annie Wagner want to marry
Charles koesters? Why did she want to
marry this stingy, grasping miser, who
thought 10 cents was enough to buy meat
for family of eight? Where did the sug-
gestlon or marriage first come? 1t was
from Mrs. Kate Ohleyer, a relative Of
koesters. The mother of Mrs. Mary Koes-
tiers, Mrs. Margaret Ohleyer, in less than
one month after her daughter had been
laid in the grave, said TO her son-in-law
,, Chariey ley; you will have to get wife soon
house TO care for them
II leave it to you gentlemen to say
whether it was Annie Wagner trying to
rope IN Charles koeSters or whether IL was
the relatives of Charles Koesters trying to
rope Annie Wagner into a match with such
a generous man as this fellow, who thought
for a family of eight Now, let us consider
for just a moment the testimony OF Dr.
Beck; moment is sufficient. You remem-
Der ne told you how carefully he examined
the box when he found it; how carefully
he wrapped in the paper and laid il away
IN the secret drawer of his safe. You re
scrtption upon it. Dr. Beck is familiar
with the German and knows the characters
II them ms GERMAN language "heh he sees
Mr.. Brown here turned and picked up
the box of poison which had been found at
the Koesters house and extended it to the
jury. There was not q German character
upon II. The evidence of George Borst
was then taken up and treated considerate-
~ by Mr.. Brown. He said he believed Mr.
Borst wanted to tell the truth but like a
great many other of the States Witnesses
he was mistaken. He referred to the pc
culiar memory of Mr. BOrst which enabled
him to remember particularly the kind of
dress Annie Wagner wore when he says
she was in his store and yet he cannot re-
also remembered that Mrs. Anna Wetkoske
had not purchased poison in his store on
the day that Annie Wagner is said to have
bought the poison.
Throughout his argument Mr.. Brown held
the undivided attention of the jury, and the
crowds also remained perfectly quiet, ap-
parently wrapped in the comparison of wit
nesses and testimony that was being so
ably made on the behalf Of the defendant
AFTERNOON ARGUMENT
In the afternoon Mr.. Brown continued
and argued forcibly and at great length
upon the doctrine Of reasonable doubt. He
read from authorities that the degree of
certainty required in criminal cases was Of
such degree that each juror should not
hesitate to act upon it in matters of the
highest and dearest import to the Juror
where there was compulsion whatever to
the act. This degree of gertrude must be
present in the mind OF each individual Juror
The authorities also held that the hypothe-
Sis must not only coincide with the presump-
Ci cr ant xrritb
every presumption of innocence. If there
is a single fact that is not proven the en-
tire chain or evidence Is gone. In speaking
of the credibility of witnesses Mr.. Brown
handled Frank and Charles BOOSTERS with
ungloved hands. He said he would show
that others had a higher motive to kill
these old people, if they were killed than
Annie Wagner. He referred TO the disgrace
full scene at the residence Of the old man
over the distribution of the old mans prop
erty when they thought the old man was
dying. In the same connection he referred
to the statement of Charles Baden that
Koesters had asked him (Baden) not to
do anything against him IN this case.
ton to the Jury of the legal effect of the
wills made by the old people lie explained
10 them that the property was held by the
man was invalid. After his death the prop
erty went to the old woman, and upon
her death, fntestate, would go TO the sons,
Frank and Charles koeSterS, jointly He
explained to the jury that Charles Koesters
had received his portion of the estate during
the lifetime of his mother and il was TO
his interest 10 let the old woman die in
testate. He then took up the evidence of
the conduct of the two sons Just prior to
the death of old Mrs. Koesters. He COM
mented upon the fact that the first thing
Frank BOOSTERS did when he was told that
his mother was deathly i'll was to hasten
for q lawyer TO draw up the will disposing
of the property. Mr. Brown spoke very
sarcastically Of the two flowing sons the
woman had. Continuing, he said: IF YOU
must have victim. l can suggest to
you. Charles or Frank koesters had a
greater motive TO kill these people than An
ME Wagner" Counsel argued that there
was evidence i'm the case that any but
the two old people had been poisoned. There
was no cumulative analysis IN the case of
Mamie koesters, and no proof that the
arsenic found in her stomach did not come
from the ernb9lming fluid.
The manner OF the witness upon the stand
was then referred to. She was upon the
stand two days. and subjected to a most
rigid cross-examination by the prosecution,
and never finched
lDDECTEn