The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-23
TALKING FOR HERLIFE
Annie Wagner's Attorneys Argyll
ing in the Girls Defense.
Tried to Read an Article from the Jour-
nal but We're Sat Upon--Dr.
Eisenbeiss's Analysis.

The argument in the Wagner case has
drawn even larger crowds. if such were
possible. than have been in attendance upon
the trial each day during the past three
weeks. 1t is just three weeks ago to-day
since jury called to the box and the
t-sk of selecting twelve men suitable to
both the State and defendant begun. Since
that time interest has never Jagged in the
trial. and 1t is probably a safe assertion
that never before in the history of the
ty has there been a person on trial in the
Criminal Court in whose fate the public
generally took 80 great an interest.
At the beginning of the proceedings yes
tertiay morning William Brown, of counsel
for the defense began his argument, the
first for the defendant. After the usual
formal opening remarks he spoke in SUBJ
stance as follows:
Annie Wagner was born in East PruS-
sia twenty-five years ago. Her father was
a farmer and she was born upon a farm.
She was until she was twenty years OF age
a German peasant girl Her life as a baby
and a child was probably the same as that
OF any other child. You know something
about her from the time she was ten years
of age. Those who knew her in that far-off
land where she was born have come before
and have shown 1t to be irreproachable
When she was twenty years of age she left
her parents and the fatherland with her sis
ter to seek her fortune in a distant land
among strangers. I can imagine the scene
OF parting in that distant German home
when the two peasant girls were starting
forth to battle with the world. / can
imagine the rendings of heart-the weeping
Of the sisters as they took their leave from
their loving parents and departed for the
land where all was strange and to
Them The language was strange, the man.
ners of the people were strange, the people
were strange. 1 can imagine the blessing of
that dear father, who has since died, upon
these two poor girls as they started out
from under the protection of their parents
roof and the solicitude OF the mother for
her daughters. L cannot picture to you gen.
tiemen, however, the grief of the mother. 1t
cannot be told in words and it only be
felt by a mother. Who can fathom the
depth of a mothers love? 1t is unfathom-
able Two daughters whom she had Graded
as infants and watched over them as they
budded from childhood into girlhood and as
they were now passing from girlhood into
womanhood these daughters were departing
for distant land of which they knew moth
y
Of a goodbye that was said on that day2"
Annie Wagner wept bitterly. Continuing,
Mr.. Brown said: after they had put the
deep. broad ocean between them and their
home and loving parents what was their
conduct? What has been their conduct?
Has the great State of Indiana, assisted by
its officers and backed by the Koesters and
Ohleyers, succeeded in overthrowing this
girls character? They have striven to do
so. but failed signally. Does her character
lay before YOU a heap OF ruins? Have they
made one rent in it? Or is it spread be-
fore you in immaculate purity? We have
shown you what it was from childhood, and
where is the evidence of q single bad word
that has escaped her lips? Her character
has been shown TO be spotless. 1t is perfect.
Her life is shameless. There is not woman
within this court room that can prove a
better reputation. 1t was proven by the
States witnesses before the State had con-
cluded it's case. DO you remember that old
German woman who had known her after
she came to this city? She said Annie Wag-
ner was always blthe and happy; that she
was singing all the day and her life seemed
full Of sunshine. She was generous, kind
and loving She was generous with her
earnings to others. to herself she was
economical They say she gave presents
with a lavish hand. Aye, indeed she did.
She was generous. DO you remember her
generosity as evidenced in the presents she
made in the family of her brother-in-law?
Now ut the very threshold of the case it
may be proper to consider whether a crime
has been committed by anybody"
SCORES THE ANALYSIS.
IT Will 90 to the evidence. You will per-
CpiVR that a the evidence in this do
ponds upon one point. There is not a doctor
who has been called 10 the stand that would
testify that the deaths were due to poison
if it had not been framed in a hypothetical
question, in which it was stated that poi
son had been found in the stomach of Clara
koesters. 1t ali depends upon the testimony
of DR.. Eisenbeiss that poison had been
found i'm the stomach. IL there is a doubt
as to the credibility of his testimony then
the whole case falls 10 the ground. Gentle
men. the making of an analysis is one OF the
most delicate operations known 10 science.
You VIII remember that some months be-
fore his death the old Mr.. Koesters was
sick unto death, and Charles Baden was
called by the brothers 10 make his Will.
testified that the symptoms OF the old man
We're the same during this first illness as
at the time when he died in January. Now.
you all know that we have a statute COM
peiling a physician 10 make a correct re-
turn 10 the Board of Health as TO the cause
OF death. DR.. Reyer knew the symptoms
in the last were the same as those in the
first Illness. DR.. Reyer made the death
turn in this case, and said in that return
that the old man died Of acute dysentery.
You will remember the analysis which DR..
Edscnbess attempted to make was months
after the death and after the body had been
inferred. DR.. Reyer, who is a learned man,
said 10 the Board of Health that little
Mamie came 70 her death from toxin poi
soning, probably from eating cheese. Toxin
poison is metallic poison. Dr.. StOrch said
he suggested champagne, because he
thought she was suffering from some aka
lOidal poison. Now. these two learned men
cause OF death. And then the great State
OF Indiana comes before you and asks you
20 believe that the girl died from arsenical
poisoning. Do you remember the testimony
OF Or. hurry? Do you remember when he
said in answer 10 the hypothetical question
put 10 him that he would consider the an
alysis of Or. Eisenbeiss invalid because the
arsenic found in the STOMACH might have
come from the cloths saturated with en-
bdming fluid and pressed down upon the
face You all know or have heard of DR..
hurry. and know him TO be distinguished
chemist Have YOU ever heard Of DR.. Eisen-
beiss before? You may have read the his
tory Of the Jennie Carr case. and you all
know how that ended Is Or. Eisenbeiss
interested in this case? There is now pend
ing before the County Commissioners bill
by him for $500 for his services in making
these analyses. You. taxpayers. may
have 20 assist in paying this bill Did DR.
Esenbeiss have the appliances and appa-
ratus with which 10 make these analy SCI? ?
lie borrowed the microscope and did not
know the dancers OF the detectives in