The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-27

would injure the defendant? / asked them
about other things that occurred at about
the time referred to in their testimony, but
not one of them could remember anything
except such things as they wanted 10 re-
member. II is with such testimony as this
that they are trying TO rebut the testimony
OF Mrs. Bergman and her husband. which
they could not break even in minor point
by their most severe cross-eXanination Mr..
Bergman Just after she had heard the ter
rible news Of the arrest OF her only sister
on charge Of mprdsF the sister she ,l lad
she had slept with In the old country. This
awful news lad just reached he'd her and md then hen
a tornado TO ply her with questions 10 be
used in the prosecution of this poor girl.
Yet with all that awful calamity weighing
her down, she has come into court and testi-
fed concerning that conversation. and Mr..
it in the least.
NOW have gone through this case with
you trying to review the evidence before
you in a logical way, showing you how
some circums tances in evidence can be
stances. 1 want to call your attention to
the alleged motive. There are others who
had a motive for wishing old Mrs. Koes-
ters out of the way. Frank and Charles
Koesters tried TO take the property of the
old man away from their mother after the
death of the old man, and would have sue
ceeded If she had not gone to see a lawyer
and had her interests looked after. Now,
gentlemen, / place the motive of others
tue lLullNS dSSibAlCu ny CiC piOSS-
cution. 1t is in evidence that whenever
the old man or their mother got sick
Charles and Frank BOOSTERS would send
for lawyer TO draw up a Will before they
would send for a doctor. / am not accus-
ing them or any one of murder but simply
place these facts before you 10 show that
there are others who had a stronger motive
for wanting these old folks out of the way
than has been assigned as the motive Of
this poor girl.
Il will now yield to Mr. Hoffman, who
has a duty to perform here. He is the
prosecutor of the county, and is not like
Mr.. Duncan, simply prosecuting this case
for few paltry dollars. He will call your
attention to such facts as may tend to
strengthen his cause, but he does not do it
because he loves the duty Of prosecuting
helpless girls, but because he is the public
prosecutor and must perform his duty,
however disagreeable it may be. He Is
gentleman and will only do his duty.
Listen to him kindly, but don't allow him
to cause you TO make a mistake in this
case like one of the forty-five cases men
toned in this book. Think of the awful
responsibility you of determining the
guilt or innocence of this girl. Take her
in the arms of kindness. Look at the case
10 give her the freedom which she de-
serves"
This concluded Mr.. Spans argument and
court adjourned till o'clock this morning,
when Mr.. Hoffman will begin his closing
argument. The probabilities are that the
case will go to the jury this evening. Dur
ing Mr.. SPANS argument, when he re-
ferred TO the time when Mrs. Bergman
first heard of her sisters arrest there were
very few dry eyes among the ladies, and
Annie Wagner leaned on her elbow and
went.