The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-15

0~N1As NCdPCts "A ~ soa via q Oil
gerous weapon means. It means the bowie
knife or the revolver. No man was ever
the charge Of carrying concealed weapons.
II that were true every man in this court
ropIa aa cp perhaps some me q wi the Ladies says t too;
are to judge this weapon by the work it
did; That Is not true. 1t is not the law
and not even common sense. A thing that
every man carries is not a deadly weapon.
Now, gentlemen. what is the evidence in
this case as applied to the law of self-de-
ment. said the evidence in the case would
now tina a grn % had a existed exist between TIVE
failure to show anything like that On the
contrary, the gentlemen. in opening the ar
dence that the men had met before. That
takes out of the case an important element.
theory Of self-defense. No grudge: no
threats whatever. Now. did Mr.. Smith
know kniHstd that eea western s1 /. B BIT Thomas y 4 th was 1sor at
ing of the 18th of july? Nobody has ever
pretended that he knew Thomas was there.
81 want to call your attention to some of
Wiltsie represents the State of Indiana. and
what he has said ought to bind the State.
have answered the State of Indiana. 1t is
unfair, and that is all I will say about it.
The prisoner in this case has told you
frankly that he went to the resort to get a
glass of ~seltzer; that he did not know
and the woman, Myrtle Overturf, has testi-
fed to the same story. The evidence shows
tDdL lnOmdS came from BfaZl on lndI Gay
with his friends, Smith had no opportunity
of knowing he was in the city. There was
no chance for the men to have met that
night TIL defendant has told you that he
had been drinking and that he went there
to get something to clear up his head. 1t
has been shown that they had not met, and
all this simply shows that. in the wisdom
of an overshadowing, providence: our lines
that fatal morning western B.. Thomas and
Winifred f.. Smith would have met at that
resort? There have been lines started cen
fIrri0G on tho hnfnrn WA la do0d in n
arms of our beloved, may meet and cross
our lives; Mr.; Hunt. the bartender: I be-
State. was so under the influence of whis-
ky that morning that his evidence should
not be taken in his case: We have proved
proved that Hunt was drunk. A detective
had both men in his charge. and why
Keeping Of an Officer if they We're sober?
Hunt did not hear all that passed between
those men. He said he had gone to draw
what does he saw? L saw this man put his
hands on smith SIS shoulder, and MI the y-, both
said the witnesses for the State fell below
the mark. Well, YOU can't send a man to
chances to meet with a disappointment.
You have to decide the case under the law
oath aiken by a jury to decide upon the
law and evidence. what is to become of our
american institutions? What sacredness is
life?" Referring to the chief witness of the
defense, attorney Spaan said in conclusion:
PITY FOR THE
1.-THE State says this woman, Myrtle
Overturf, is not entitled to any credit as a
witness, because she is not a woral woman.
Many sneers are INDUCED in at her ex-
pense, because of her relations with the de-
PENDANT, Winifred Smith. She is, gentle
men of the jury, not a virtuous woman.
She belongs to that unfortunate class whose
only refuge seems to be the walks of life
that finally lead to destruction. They say
that she has e. bad moral character. Grant
ed; but the inquiry here is, is she entitled
to credit? Has she told the truth? Il is
easy to decry a woman like this. 1t is easy
for people who believe themselves possessed
Of superior holiness to faunt and jeer at
this woman. 1t reminds me of a. scene that
took place over eighteen hundred years ago.
teaching the people the lesson of truth and
morality. Certain Scribes and Pharisees,
with their ample garments about them.
came into the presence of the Master with
a woman in their midst. and they said,
seeking to tempt him: This woman was
cording to the law of Moses, she ought to
be stoned to death. What sayest Thou
face, mingled with infinite pity, turned to
the hypocrites about him and said: Let him
who IL without sin cast the first stone
When He looked up there was not a Phari;
see in His presence: They stood condemned
by their own conscience. That voice of the
verbsrating through the ages like the sound
of a deep-toned bell. full of pity and mercy
for such women as Myrtle Overturf. When
the ~hoary-headed sinners had left His pres
ence; when the self-righteous accusers had
taken refuge in flight, He turned to the
woman. Oh, with what infinite pity he
said: Where are all thine accusers" She
answered: They have gone. not one of
them condemn me- The answer came
quietly, gently, but with all the love of the
ages in His voice: Neither do ! condemn
thee; go thou and sin no more Let us APP
ply this spirit to the lost woman, Myrtle
Overturf
.srhe right of self-defense is a paramount
one; it is d right that exists in favor OF all
creatures, from the smallest molusk that
lies slumbering in the slime of the sea, to
man. who, in the scale of creation. touches
the hem of the garments of the angels