The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-28
MIR. HOLTZMAN'S SPEECH.
He Gets Through with the States

Closing Argument I'm n Day.
Promptly at o'clock yesterday morning
Prosecutor Hoffman began the closing ar
gument for the State in the Annie Wagner
trial, which has now reached the middle OF
the fourth week since it's commencement
1t was expected that yesterday would be
the last day of argument in the case and
that 1t would be given to the jury yester-
day evening" and this caused little larger
crowd than usual to gather within the room
and swarm about the Railways. In this the
people were not disappointed and the jury
received their instructions from the court
and retired at about 5:45 o'clock yesterday
evening.
Mr.. Hoffman, in his closing argument
after the usual formal opening remarks,
passed quickly to the consideration Of the
witnesses who had given testimony in the
case and their credibility as witnesses. He
said to the jury that they were the judges
as to whether they would believe the wit
nesses not, or whether they would be-
lieve them in part and discredit them in
part The prosecutor defended Charles
Koesters from the attacks made upon him
by counsel for the defense and said that
Koesters was disinterested witness in the
case and was entitled to credit as such. On
the other hand. he argued that the defend
ant and her relatives were interested and
their evidence should be weighed as coming
from interested witnesses.
RAPS AT MR.. SPAAN.
The prosecutor then entered upon an an
swer to the references of Mr.. Spaan to the
| fact that Mr.. Duncan assisted in the prose-
cution. He said:
''Mr. Span speaks of Mr.. Duncan as IL
| he were a man unworthy of belief. He
| says with a sneer a man of magnificent
| presence and with honest-looking face
| He feels the weight Of Mr.. Duncan's argu-
| ment and by his sarcasm and slurs tries
| to break the force of it / need hardly de-
fend Mr. Duncan before this Jury as YOU
| all know him to be an honest, upright and
| God-fearing man, big-hearted and whole
| souled, and his kind and honest face only
F! indicates the kind heart and soul within
| Nature is always true TO herself. She
paints the lily, and the rose in all their
PROJECTIONS and blends the colors of the
| rainbow In the beautiful sunset, but she
| never put the kind and honest face of a
| John Duncan on the picayunish soul of a
| Span. Nature never made a misfit. Span
says Why. Duncan gets a fee and he is
| not sincere; II is Koesters's money jingling
in his pockets that brings him here and
to you what brings Spaan here. 1t is mon
| ely, money. the hard-earned money Of John
I'm that brings him hare naa All
| each tear and each pathetic intonation
| costs just so much. He has 1t to sell in
prices from IS upward, and the invectives
| against the other fellow are thrown in as
Cheeks with artificial uf tears and franz his his
| face for all occasions"
l. He then referred to personalities that had
| been INDUCED In. H. said:
| "Mr. Spans reference 70 me as pup is
| a matter that the dignity Of my position
and my self pt ,b Will mot let me pass
| utterly devoid of any refinement and so
coarse and low that cannot reply in kind.
1t was on the same low plane as his re-
mark to me when asked him what he had
| said in answer to a certain witness during
the trial and he replied Take the wax out
| straws that indicate the trend of his mind
and soul. They indicate an utter lack Of
all the finer sensbIllties Of a gentleman.
| mon amenities and courtcsies OF life"
Mr.. Hoffman then went to the consid-
the theory of the State, which had been
called a fantastic theory by the defense
was that the defendant desired to marry
| Charles Koesters. and that she believed the
lives Of these three persons, Frank. Clara
and little Mamie Koesters stood in the way
said the State did not claim that any one
| circumstance brought out during the trial
| was of itself sufficient to establish the guilt
| or the defendant IL was not necessary that
such should be the case If the evidence as
| a whole esta blished the guilt The evidence
was To be considered as connected whole.
| The fact that the defendant said TO Mrs.
| Margaret Ohleyer that she was going to
get married or go back TO Germany was
| not evidence or the intention or the defenQ-
ant to marry Charles Koesters and was not
insisted upon by the State to be such, but II
was evidence that the girl desired to get
, married. and, taken in connectian with
other things. might be taken a part OF
the proof that she desired 10 marry Koes-
tiers. The statement TO another Mrs. OIL
eyer that Mrs. Koesters had IL too good
In this life might be taken by the jury as
evidence that the defendant knew that the
wife of Charles Koesters had a good time.
After the death of Mrs. Mary KOesters,
said me- land the advent Of the old people
into the house find one Of the Mrs. OIL
eyers saying TO the defendant that If she
was good TO the children she might one
day become mistress of the house. 1t was
after this statement that this girl began 10
he kind to the children. Her manner towards
Charles koesters was also materially
altered. She arranges the bed for him at
night places his slippers where they will
be convenient for him TO get She buys pres
ents for him. She did buy shirt for him.
Mrs Hoenig says she did, and the fact OF
the purchase is uncontradlcted. True. the
defendant says she did not buy the shirt.
but her evidence stands for naught. ii Is
the evidence of the person more interested
in this trial than any other living being
Mr.. Hoffman then mentioned the valen-
tines which the defendant sent Ia herself,
and argued that this was eliminating ev-