The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-09
HE ARGUED THE WHOLE DAY
Attorney Healing Makes an Exhaustive
Plea for McAfee and Parker.
Effort 10 Show that an Alibi Has Been Proven
for Them-Appeal Against Prejudice
Hoffman to Close.


The argument of the attorneys in the
Eyster murder case is listened to atten-
lively. Yesterday morning Mr.. j. b. Kesl-
ing began the closing argument for the de-
Tense, and occupied rhe entire day. He
had exhaustive notes of all the evidence
introduced, and q verbatim report of all
the testimony given by Venable and Col
vim of the State witnesses, whose evidence.
he claimed. was imDeaohed by others Of
the States witnesses. He also had ver-
batim report of the testimony
given by the clerk, Lay ton. which he
claimed impeaohed Colvin's testimony.
He attacked the veracity of Colvin and
Venable, and under the ire of logical ar
Rument upon comparison OF time and dis
tanoes. their testimony was greatly shak-
en-, If not completely overthrown. DIR.
Healing said. In part: suspicion Is not
conviction, and because a man is arrested.
accused of crime. 1t does not follow that he
muss be guilty. / also wish to canton you
against the testimony introduced by the
State as 10 the former bad character of the
defendants. and Imp press upon your minds
the repeated instructions or the court that
this can be considered by you only as, af-
1hs sshs Is hs IN
idonce is not only circumstantial, but 1t is
disconnected and strained"
Mr.. Healing then read extracts from text.
books on the law of evidence and especial
~ the weight to be attracted to the testi-
mOny of officers OF the law, whose only eff
forts for the most part are to secure convic
tlon. The doctrine OF reasonable doubt
received the attention OF the counsel next
and 1t was clearly defined and argued to
the jury in its scope and the extent of it's
application. 1t was defined to be such q
doubt as would deter them from
acting upon questions of the
highest and dearest import to
them and TO be q personal consideration
for each juror, independent OF the others.
This doctrine Is usually the bulwark be-
hind which criminals are wont TO seek
refuge and it has been expected through.
out the trial that the defendants counsel
in this case would lay great stress upon this
old and honored principle of law held ont
for the protection of the innocent against
unjust accusations OF crime. The defense
had endeavored and succeeded If their
witnesses were TO be credited, IN proving
an alibi, and Mr.. Healing devoted consid-
era BILE time to the attack of the State upon
the defendants witnesses and spoke at
length upon the testimony of Mr..
and Mrs. McAfee and Tom McAfee. which
was attacked on account of their relation
ship TO the defendant McAfee.
"The police officers who testified for the
State,o said Mr. Healing. have q
essea Of shs' far 1wn thew s s5mins
cerned at least. supersedes the we'll
established principles of law. Their creed
is that every man Is guilty Till he has
proven himseltlnnOcent. which Is the exact
converse of the law. These officers have
shown o remarkable anxiety to testify to
anything that might work to the injury of
the defendants and a similar remarkable
reluctance to admit any facts that would
tend TO establish their innocence"
The testimony OF detective Thornton
was taken ND and commented upon by Mr..
Healing. He referred TO Thorton's former
record as an able and efficient officer dur
ing a Period of seventeen years and his
testifying in this case in behalf of the de-
PENDANTS. because after working upon the
case for three days he became convinced
that the defendants were innocent of
the crime with which they were charged.
He went on the stand" said Mr.. Healing.
land gave his testimony clearly, distinctly
and intelligently. and the prosecuting at
torney, who had subjected every other
witness for the defense to q most thorough
aud rigid cross-examin alton, allowed Ben
Thornton TO leave the stand without
asking him a question. Why was thisi
Because the prosecuting attorney was
afraid the answers might be favorable TO
the defendants"
The testimony of John Venable. for the
State, was then taken up, and. reading
from verbatim report OF It. Dir. Healing
pointed out several discrepancies between
the testimony gwen in examination In
chief and that given upon cross-eXamlna-
ton and also the evidence before the cor
oner The evidence given by John CoIvin,
likewise read from verbatim report Was
subjected to q comparison OF time and dis
tances, which showed it TO be. at least,
highly improbable. The evidence of Hattie
Mitchell VAS referred TO by Mr.. Healing as
classifying that of Colvin. The defendants
counsel said he believed Hattie Mitchell
was an honest girl and had told the truth.
and if she had seen Ed McAfee at the corner
OF Mississippi and Second streets at $50
O'Clock, then Colvin lied when he said he
saw him standing upon the railroad talk
ing TO Parker at 9:20. and that they re-
| NAMED there about twenty minutes
| One by one the witnesses were named by
MIR. Healing ana their testimony subjected
TO q critical analysis. and all the possibili-
| ties and probabilities Of their statements