The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-11
H DEFENSE BEGINS
sUss PROVED A WEAK WITNESS FOR
THE SMITH PROSECUTION.
Opening Statement of John s. Duncan
for the Defendant-Thrce Wit
nesscs Examined.

"a ACL(A49C ALL Ian y
torneys intend to introduce in e~xtenuation
of the crime of Winnie Smith was clearly
established yesterday. In his opening
statement to the jury, yesterday after
noon, attorney John S. Duncan thoroughly
set out the line Of action which the pris-
oner's counsel would follow in their fight
Tor his liberty. Smiths act is condoned
by his attorneys on the theory that he
killed Western B. Thomas while in the de-
Tense OF his own life. According to the
theory of the defense he was violently at
tackled by a man much larger and stronger
than himself, and In the frenzy of his fear
that he would suffer bodily harm he drew
his knife and sought to protect himself
from his assailant In taking the life of
Thomas he violated no law, because it was
either his own life or the life Of the other.
Upon this theory. and no other. Smiths at
torneys hope to stay the punishment of
their client. The case opened yesterday
morning with a perceptihle falling off in
the attendance. Especially was the absence
OF the women spectators noticeable yester-
day morning, but in the afternoon they
came in large numbers. They occupied ev-
cry available seat downstairs and fairly
climbed over each other in their efforts to
get convenient places in the gallery. AS
usual they divided their attention between
the prisoner and their spectator sisters.
n school girl. with her rosy cheeks and
carrying her satchel, came yesterday after
noon. but found it difficult to secure a point
of vantage.
The State closed its case shortly after
noon yesterday. The admission of certain
testimony taken by the coroner was the
last offered by the prosecution. John S.
Duncan opened the case for the prisoner
at 3 O'Clock. But two witnesses were ex-
amined after that, both being called by the
defense. This morning the girl, Myrtle
Overturf, or Wallace, will be put on the
stand to testify as to the whereabouts of
herself and the prisoner on the night OF
July Ii. This woman has not yet appeared
IN court. Smiths attorneys say that she
Is at the bedside of her mother, who is
very sick. The other witnesses for the de-
Iense VIII be two or three persons who
were at Brighton Beach and witnessed the
tragedy. AS yet there has been no evil
dence that would lead to the suppos;tion
that Thomas and Smith had ever known
each other. Sensational stories to the eff
1ect that a prominent young lady would be
called TO the witness stand are declared
by the prisoners attorneys as fake gos-
sip. Both sides agree that there is to be
no attempt to establish the fact of a pre-
vious enmity between the prisoner and the
i inuTuered man. The prosecution will doubt
ieSS cali a number of witnesses in rebuff
TAI. 1t Is doubtful if Winnie Smith win
De put on the stand. His attorneys, when
determined. and leave the inference that it
is very doubtful.
me case yesterday practically resolved
itself into an inquisition as to the sobriefv
OF Suss; the piano player. on the fatal
night. His testimony of Wednesday after
deposition taken by the coroner that the
stare attorneys We're at a loss to under
that his testimony would be Of vital i'm
port IN securing the conviction of Smith.
fell into the hands of attorney Duncan.
Wednesday afternoon, for c-ross-examina-
Suss was brought over from the iail ves-
again by the State. lie was su lne sdaq 70
BY attorney Elam. He boidiy ad snamsda hon
ne DID not know what he said when he tes-
f bts before the coroner July Z. He put
WHAT ne was signing. Part of the coroner's
evidence was read to him, but he did not
rememoer 1t. He did remember, however.
that Smith applied an unsavory epithet to
IIhomas while they were quarreling. Mr..
nag an open knife in his hand?'
IL don't recall It; ] don't remember that
around the waist and cut his coat, then
drew him outside and cut his throat?s
w., | don,t remember that, either"
was cut and his shirt was covered with
blood. Smith struck Thomas over the head
with a buggy whip"
Der it." W ieiie"
Did you say that Thomas at no time
omereo 70 strike smith and wanted to
mo, l do not remember that"
une STATE began TO wind up its testimony
with the statement Of Sergeant Fred Kurt,
VINO. With Sergeant Rar1nw uaS datoila ~
from police headquarters to go to Brighton
Beach. He corroborated the testimony of
Both men remembered having seen a great
deal OF blood around the body as it lay
on the steps, They saw small quantities
Kinney, who, with chief detective Splann,
arrested Smith at Broad Ripple, was called.
The detective told how he had found Smith
room at the Kaufman House. He pro-
cured a step ladder after knocking on the
the couple inside. The woman opened the
door and admitted the detectives. Both
We're arrested and taken to police head
quarters. Detective Splann corroborated
the statements of his subordinate. Landon
A. Thomas, brother of the murdered man.
was on the stand for a few minutes. He
was asked about the family connections
of his brother.
A short recess was granted at IL o'clock.
ELAN arose and said the State desired to
offer, as evidence, the record taken by the
coroner, embracing the testimony of the
witness Suss. He admitted that the EVIL
dence adduced from this witness had been
a surprise to himself and colleagues. They
had understood that Suss was a witness
to the whole trouble at the Beach and he
had covered the ground in his
ton before the coroner. On that occasion
he said Thomas was not the aggressor.
In court he told an entirely different story
and swore that Thon as struck the first
blow. The State desired to offer the cor
oner's record as a waole, agreeing, how
ever, that if there was anything in it
separate from the contradictory evidence,
to permit it's exclusion. Attorney Smith.
for the defense, objected to the introduce
ton of the coroner's evidence and par
ticulariy as a whole.
Mr.. Elan. for the State, offered to intro
duce detached parts of SuSs's testimony
before the coroner. each of which he read.
Without argument the court held that all
those portions of the testimony before the
coroner, in conflict Will the testimony OF
the witness in court, in which the contra
diction would not be prejudicial to the
State case, would be admitted. To this
broad ruling counsel for the defense was
given an exception. The chief contradict
tory testimony admitted was 10 the effect
that Smith pulled Thomas outside and cut
him in the side. then drew him around to
the north side and cut him again. Thomas
at no time offered to strike Smith. He at
tempted to shake hands with him and
wanted to pass the matter off as a joke.
Suss in his direct testimony before the
court said that Thomas ran outside the
bar and Smith followed him.; not that the