The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-09
TWO WITNESSES HEARD.
me Cabman Who Drove Thomas to
the bench ON the Stand

~ MO OEOVe InOmaS TO
the Beach ON the Stand.
AT O'Clock the jury had not yet been
CHOSEN. After a short recess William New
py the anxious juror, whose dairy stock
Gao been unattended since Monday morning,
was made very happy by dismissal After
Ihuuiglng IN a warm hand-grasp with every
lawyer In the room the belated dairyman
hed from the court. William z. Privett. a
washington township schoolmaster was
called by the prosecution and passed. He
mad known the prisoner when child. Mr..
Prlvitt remained unchallenged by the de-
tense. A few minutes after o'clock At
torney Henry Spann asked the court to in
uuige the counsel for the defense few
moments time. The request was granted
and the attorneys with the prisoner and
DR.. Wand retired to the courts private
chamber. The audience attached consider
able Significance to this move and instant
ly worked itself into a fever of expectancy.
After short deliberation the attorneys re-
turned to the court room.
The defense is content with the Jury
said John S. Duncan and the court glanced
at the prosecution
Il think we also satisfied" said At
torney ELAN rising to his feet and for an
instant allowing his gaze to rest on the
stepped from his place at the table and
said: ''N
-, IF any membes,, of this Jury is related to
lily physician, let him say So" The prosecu-
to- tor waited for an instant but one spoke
charge of the future destiny of Winnie
y; smith stood up and took the oath ad-
mlnistered by the bailiff. Some little time
was consumed in separating witnesses. Each
was instructed by the court and enjoined to
d disc silence All of the witnesses were
Criminal Court. Attorney Elan said that
Mrs, Thomas, widow Of W. B. Thomas.
ence would not probably be required.
THE OPENING STATEMENT.
AT S:15 O'Clock Charles l.. Henry, leading
counsel for the State arose to state the
case to the jury He first read the indict-
ment, during which reading the prisoner
leaned anxiously forward from his seat at
the table. There was a look of interest in
his face and he scarcely lifted his eyes from
the jury during the statement of the case
He evinced unusual interest in the at
torney's explanations OF the various stat
the first and second degrees. Mr.. Henry in
his statement to. the jury went over the
details of the crime of July II. The evil
dence. he said. would show that the muir
dered man was on his way home from
s sro1t' where oo he had been on business
Mr.. Thomas met Dan Lynch and Larry Me-
Keen. ex-ball player They drank several
go out to Brighton Beach. Thomas and
Lynch arrived at the beach about the same
time or perhaps few moments before
doing the different resorts. Attorney Henry
said there would doubtless be some con-
troversy as to the time of the arrival of
the principals Of the tragedy. From dia-
gram he fanilarized the jury with the
locality of the beach, pointing out the min
ute arrangements of the rooms of the re-
sort He told the story of the tragedy as
it has been before detailed.
'"Ihe evidence Will show he said chat
Smith announced his intention of having
TO the bar 1t will show that Thomas APP
peared to have been stabbed from the
ton that presumably ens ine ep between
Thomas and Smith. and the words that led
TO the struggle between the men. During
the recountlng of the story the prisoner
gazed steadfastly at the attorney. His face
was calm and placid and at no time did
his features betray that the details SO
1.-The evidence will show" continued Mr.
Henry. that the killing of Thomas was
without PROPAGATION and that Thomas was
simply good naturedly drunk At no time
did he show a disposition to quarrel with
smith, Mr.. Henry thought the evidence
would also show that Smith and Thomas
had met before, that Smith had said that
he did not like Thomas any way" and that
he went into the bar with murder in his
I'VE charge Mr.. Smith with murder In the
first degree" concluded the attorney ''and
expect conviction at your hands. We viii
show that Smith drove TO the home of
Harry Sells after the trouble and made ar
rangements 10 secure Information as to the
result of his deed.
THE FIRST WITNESS
1t was nearly o'clock before the first
witness was called by the prosecution.
Thomas NJ. Winterrowde an architect,
living at No. Is Morrison street, was called
~ testify az to the dimensions OF Brighton