The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-11-01


defense
Mr.. Hogate spoke in an earnest. forci-
BILE manner for two hours. He directed
his speech to the evidence and to the
arguments made by Judge Adams yester-
day afternoon. In reply to the argument
that the coat had no pocket in which
a knife could be carried, the speaker
said the defense fully agreed with that
idea and that they contended that no
witness for the defense had stated that
the knife was taken from the coat
pocket; that Winter had illustrated by
throwing his hand toward his belt.
Said Hogate. IF such is correct, and we
agree that it is. what becomes of Har-
vey's testimony? 1t viii be remembered
that Harvey swore when he was on the
stand that when Wesner was pursuing
Brown across the room, after he was
shot that Wesner was making an effort
TO get his knife out Of his right inside
coat pocket and by these efforts finally
extricated his knife. What becomes of
such testimony that. gentlemen of
the jury? 1t falls by its own weight"
In speaking of the testimony given by
George W. Brill the speaker said he had
counted thirty-four such expressions as
II am not positive. but think. etc"
1T is my memory" ITO the best of my
recollection" IT am not certain" etc.
etc. He then argued that according to
Mr.. BriITs testimony he was not GER
tain about anything to which he had
testified.
At the close of Hogate's argument T.
J. Cofer spoke two hours for state.
Cofer's speech was entirely argumenta-
tive. but logical throughout, and it
would be impossible to give a synopsis of
it in a limited space and do justice to
IL, or the following arguments of Keefe
for the defendant and George w. Brill
for the state.
In the morning Judge Terhune speaks
for the defendant, 10 be followed by
John s. Duncan of indianapolis, and
Patrick Dutch, prosecuting attorney, win
close for the state
The case viii probably be submitted
TO the jury not later than Saturday noon.
LEBANON. Oct 27.-Special.-Th
ease of the state vs.. Brown was remark
able in the fact that out Of the 1872 wit
nesses in the case there was not one
woman on the stand. There is scarcely
any talk on the streets or in public
places about the case. and
stranger coming into the town Of
Lebanon would scarcely know that
great murder trial is in progress There
Is a depth Of feeling though and
general sentiment to abide by the de-
cision Of the jury.
Today has been a great day for
speeches Probably Boone county never
had such eloquent and mastery speeches
made in any trial This morning Judge
Terhune Of indianapolis stepped before
the jury. He is an orator and he was
listened to with the closest attention
by everybody The court room, though
crowded to its utmost capacity and
though the halls were all filled with
people, vet the audience was still as
even death il seemed. In speaking of
the testimony Of Mr.. Winter Of Indian
apolis, and whom the state attacked,
Judge Terhune said:
Almost five years ago, gentlemen Of
the jury, and prior TO that time there
was a law firm in the state of Indiana
and in the city Of indianapolis which
stood at the head Of the profession in
this state, if not in this western country.
THE members composing that firm were
Benjamin Harrison, Mr.. Miller, after
ward encouragement Of the United
States. and Mr.. Elan When Gen. Har-
risOn was elected president Of the United
States and retired from the practice
of law and assumed the responsible
duties Of the high Office to which he had
been called by the people. in his place
In that firm was placed Ferdinand
Winter. the only lawyer in the state Of
Indiana capable Of filing Benjamin
Harrison's place as a lawyer, and out
side of Gen. Harrison q say il in the
hearing and presence Of his honor on
the bench, outside Of Gen. Harrison,
the greatest lawyer in Indiana today is
Ferdinand Winter Of indianapolis, and
he took the place of Gen. Harrison i'm
that firm. He is the brightest and
shrewdest OF the lawyers of this great
state and his intellectual capacities, his
learning and profundity in his profess
sion. though great they may be, are not
surpassed by his integrity and his
honor. Gentlemen of the jury, how can
you have patience with men that viii
come before jury and insist apparently
in good faith, that you shall brush aside
the evidence Of such a man as
Ferdinand Winter"
This afternoon John S. Duncan of Indi-
annapolis spoke four hours to the jury.
His speech was Of an argumentative
nature entirely and he went over all
the evidence in the case.
Mr.. Duncan closed his speech with
these words: Gentlemen Of the jury
my friend. Mr.. Brill in his zeal for
conviction in this case, asked You to for
get that you are human beings, asked
you to forget that there was such a word
as sympathy in the English language.
He asked you, gentlemen Of the jury
TO Danish all thoughts Of kindness and
merciful treatment TO this man; that
you should not consider his family, that
you should not consider his past life.
And gentlemen. how cold that speech is.
No sympathy in this life. No mercy for
a fellow being in distressl Why, gentle
men, ] have heard or read a story which
tells US that when Almighty God de-
signed TO create man with his various
attributes that the angels came in their
order before Him and spoke Of His pur-
pose.
Truth said Create him not, Father.
he VIII deny his obligations 10 Thee;
create him not, Father
Justice said, Create him not Father.
he will fill the world with injustice and
wrong; he Will disturb that holy temple
with deeds OF violence. and in the very
first generation will wantonly Stay his
brother. therefore create him not
But gentle Mercy knelt at the throne
and whispered. Create him, Father; I
viii be with him I'm his wanderings
win follow his wayward footsteps and
with lessons he shall learn from the ex-
peTience Of his own works / shall bring
him back TO Thee
NO sympathy, gentlemen. In human
beings re merciful TO this man. give