The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-05-11

apply to that truth the law as il is given
TO them by the presiding Judge. IL this
case has been extraordinary IL has been
the length of il. If il has been extraordinary
IL has been in the manner of il. and in
both these respects II stands alone. l
long as this In Indiana, and. gentlemen,
there has never been a case, / think,
characterized by such scenes of excitement
and passion as this has been. We seem TO
have come into calm sea here at the
end. but the case was begun and proceed
ed with that accompaniment of turbulence
and excitement that shocked you and every
coined those of who have not the good
fortune to reside in Wayne county. but
II IN woed aRe fh in
the opening statement; it comes little too
near TO the goodbye. When this case
question whether indianapolis lawyers
would be tolerated in Wayne county. and
his Honor might with decorum and pro-
priety and sef-respect discharge the duties
that were devolved upon him. Gentlemen.
Wayne. l can we'll understand that those
of you that live here, these farmers who
are the happy owners of some OF these
fields, are proud of old Wayne. AS citi-
pride but | had thought of old Wayne
as hospitable county: L had thought OF
tellgent,. independent, self-respecting, lib
eral-minded men. mad not supposed that
in the very beginning of this case
intrusive in coming here, or that
my clients were intruders because
they came back. whether for time or per-
here in Richmond. And yet they were
charged, at the very beginning II the case
with having frauduently made their DOM
icile in Richmond. with having come here
to influence public sentiment. Why. gentle
men, / have been sorry a hundred times
after the length OF this case unrolled itself
hafnrn i h0tlSPkpRnlng
in Richmond. OaughterD | hope the audi
ence will observe this address is TO the
jury.
Come back here to the place where Rob-
ert Morrison. father of these children.
born and spent his early years. To come
back here to the place where his body was
brought for internent when he died. Come
here TO present TO the court in an orderly
way and without any undue assault upon
in a court OF justice. They were taunted
with being society people. and 1T was sup
Posed that that was quite oton out of ar ng
Wayne. 1t was said, and they were seri-
ously asked and pressed while upon the
witness stand to say whether they had not
been giving entertainments in order to ere
ate public sentiment, and IL developed that
little musicale of twenty persons had
come to hear Jamie and his sister and to
contribute their own resources to the even
ing, entertainment at an expense OF seven
dollars. Gentlemen. there was a further
suggestion-and how high an appeal ii
to the citizens of old. Wayne-that if they
succeeded in this case. and we had 1t re-
peated in one of the speeches of the de-
fense. they would take this money and go
trooping around the world with it. Gen
tlemen; when | speak to jury | like to
talk like a man who respects himself to
men whom he respects. and l am sorry
that was said. Think of it-that you are
some money might go out of Wayne coun-
tyi | don't know that / finished the cata-
logue of this welcome that was extended
when opened this case. The plaintiffs
themselves were subjected TO a cross-eXam-
ination that in length and in character was
enough to bring to their heir help the & &sympatny a,,
TO make any unkind remarks or stir any
unkind passions in this closing address. but
/ do want to call your attention TO the con-
trast of the methods pursued when this
young woman was upon the witness stand.
also her young brother. and when Lestra
Hibberd was upon the stand and was cross
examined by Mr.. Jackson.
"Gentlemen. there absolutely in tho
opening statement. in the manner OF coun-
sci and the things that were said which
were intended to terrorize people who knew
anything about this case. Tell me. il your
daughter had known an important fact in
the case. after you had seen all this. wheth-
er you would not have advised her to keep
il TO herself and not subject herself TO such
cross-examination: and then, on the other
hand il Lestra Hibberd had been your
daughter would you not have thanked Mr..
Jackson when he concluded his cross-ex-
animation for the courteous and kindly way
in which he conducted it? Mr.. Johnson
spoke yesterday of having forced witnesses
ordinarily. these would have been appro
pirate terms but under the conditions, l
am not inclined to accept them
Now. gentlemen, closing address is
necessarily in the nature OF repetition. L
must summarize and gather together what
has been said by others. and / must here
and there touch upon some matter that has
been presented i'm argument by the defense.
The argument cannot be entertaining: l
yours ears until they must almost ne dis
tasteful to you, and yet | must deal with
them. Now. want to talk about the case
us a great deal about themselves, and when
their evidence failed TO bring out the point
Mr. Robbins gave you some of his observa-
tions and Mr.. Johnson. in conclusion, gave
you a great many of his practical expert
ences. / have no such contribution to make
TO this case; not that | have not had eX-
periences. some of which might be peril
are pet swern io try this Case you upon the
law and upon the evidence. and that attor-
ney who puts into the case for your consid-
the lips Of sworn witnesses, or from some
document presented. and asks you to take
into consideration that which Your oath
innate the conscience of the men 10 whom
such appeals are made | want to talk. not
this day warns me 10 be as quiet as / may
be- and in what I shall say l hope to be
able to secure your attention without laying
my hands on you ana without talking into
your ears"
UNMASKING THE DEFENSE.
Mr. Harrison then spoke OF the confer
ences between the Foulkes and the plaint-
ifs. He said: why, Dudley Foulke, Mrs.
Foulke and the whole family have been
bounded as if they criminals all
through this case. We have been charged
with being lacking in affection because we
dared to talk of insanity. II is no reproach.
This curse that falls upon a man is no
reproach. We have not said that James L..
Morrison was intoXicated; that has come
from these people who cherish this so
dearly. that they cannot bear to part with
any of the unequal gifts he gave them.
1Dtoxication is vice; we have not charged
him with that. Not only that Mrs. Hib-
berd has come TO tell US that Mrs. Morrison
was of unsound mind. Can IL be possible
when 1T comes at such a price? Mrs. Rob-
ert MORRISON and her children have testi-
fed here, but there is another witness here,
a man who knew James l.. MORRISON bet
ter than any one else in the world.
They have brought you many witnesses
from the outside. one alien from Indianapo-
lis an alien from Chicago and many others
sound mind. All that time, all the time
that they were hunting these witnesses,
there remained in the city of Richmond a
/ physician of reputation, a man who treated
James l.. Morrison. who felt his pulse, who
saw him daily. and yet they did not call
him. They spent days in putting hypotheti-
cal questions, six hours long. to professed
experts. and did not call the man who knew
Mr.. Morrison better than anyone else,
the man whom Mr.. Morrison trusted a
reputable physician. DIR. Jacob II. Weist.
They refused to put this man on the wit