The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-12
READY FOR ARGUMENT
EVIDENCE IN sMITH-THOMAs MUIR
DER CASE ALL IN.
Myrtle Overturf wfthstands a Severe
Examination-smith's Testimony
mistaken.

the court. The case is, practically, at an
end and all that now remains is the argu-
ment before the jury. This will begin at 9
cclock this morning. Prosecutor Wiltsie
will open the argument for the State and
viii be followed by Charles W.. Smith, Of
the defense. Attorneys Duncan and Spaan
VIII assist in the rgume for the prisoner.
and Messrs. ELAN and Henry will speak on
the States side. 1t is probable Mr.. Elan
VIII close the arguments. Judge McCray
VIII not limit the argument and the attor-
neys will probably occupy the attention of
the jury until Tuesday morning.
The defense concluded the examination of
their witnesses by Il o'clock yesterday
morning. At 10 o'clock the prisoner was
put ON the stand and told the story of the
tragedy. He was cool throughout the recital
and as his attorneys expressed it, made
a fine witness Smiths demeanor during
ms cross-examinaticn was characterized by
rlucn OF the calm assurance noticeable dur
ing his direct testimony. At times he dis
Played a slight nervousness under the cross
fire or Mr.. Henry, but he maintained his
self-possession throughout. Prior to Smiths
testimony the girl, Myrtle Overture, occu-
pied the witness box for an hour. She was
faultlessly attired and created a decided
sensation in court. Her story, on direct ex-
animation, was told without hesitation. but
she displayed some confusion when put
INTO the hands of the State. There was a
marked variance between her evidence in
court and that adduced by the coroner a
few hours after the murder. 1t was to es-
tabiish this discrepancy that the State
called a great many witnesses in rebuttal.
Inc other witnesses were to testify to the
character of the prisoner. There was a
preponderance of testimony to the effect
that both Smith and the woman lacked
many of the essential points that go to
make up good moral character. Consider
able surprise was manifested when it was
learned that Dan Lynch, the ex-ballplay-
ef, would not be called to testify. Lynch,
1t had been understood, was one of the wit
nesses to the tragedy. The testimony of
h hls 5ne w piano 70 Player play a1s and th Of the prisoner mar
LII the saloon when the brawl began, and
attempted to make peace between the men.
On the contrary, the ballplayer, when de-
failing an account of the murder to super
intendent Powell, asserted that he was not
present during the trouble. He commended
which had brought Thomas and himself to
tile resort. superintendent Powell was on
the stand yesterday but this was not
brought out.
The appearance of winnie Smith on the
stand, yesterday morning, was the signal
for a deathlike quiet in the court room.
The prisoner wore a suit of black. stylishly
cut. His hair Yves parted squarely in the
center and he looked as If he had just been
IA ny a DlSl-IidSS a Del. u SPOh6
In a low voice, but his tones were distinctly
audible. His evidence was chiefly on the
line Of the opening statement of his attor-
ney. The early part of the evening of July
Ii. he spent in the society of his two little
nieces, whom he took out driving. After
first drove out to KisselTs garden. remain
ing. there until a few minutes after mid
night. Then they went over to Thompson's
Beach: They arrived at the resort about
80 O'Clock. Smith put the horse in the
shed and took the girl into a wine room,
where he spent a dollar for beer. They re-
manned at the resort for q short time and
returned to Thompson's. After remaining
city. but Smith changed his mind and
turned the horse toward Brighton Beach
again. His mission to the resort a second
the canal at Ninth street he drew UP to
the side door OF the saloon and alighted.
His companion held the horse while Smith
asking if she would nave something to
drink and then walked into the room con-
tanning the piano. Suss was there. but the
through the wine. room into the saloon,
standing for a moment near the door to
the bar but did not know all of them. He
knew Whitman, the hackman, and Dan
Lynch til the ,in allplayer; The first word that
tender. Then Thomas followed with the
remark:
IF you owe the man a dollar, why don't
you pay him?' That was the first time the
| prisoner heard Thomas speak. He did NOT
know him and had never seen him before.
spoke:
That's all right; take a drink with me-
II don't drink with strangers. besides
that / have a lady outside" AT this Thomas
put his hand on the witnesses shoulder and
exclaimed:
'If you don't want to drink, you had bet
ter take your woman and go off," Lynch
Gfnnnn6 fnryC u m and niH
Hold on. Winnie Smith is a friend of
mine" Thomas pushed Lynch away and
the blow he caught the witness by the
ears. The latter attempted to get away
but Thomas caught him by the throat, al
himself helpless in the grasp of a powerful
man. He was in door health at the time
and weighed but 1919 pounds. He got out
his pocket knife and began to strike blindly.
Did not know that his ehrusts were taking
effect. In the struggle both men got out
ground and the witness dropped his knife.
As he arose he struck Thomas with his
fist, Witness then ran to his buggy. Thomas
FOLLOWING him UP. AS he got into the buggy
he struck Thomas with the whip and then
drove rapidly away. He did not look back
and did not know that he had killed Thorn
face and bathed his ears and forehead,
which were painfully bruised Some time
stterward he drove back to the beach. Dan
,synch came to the door and said Thomas
had been killed.
me crOSS-exan11nattOn OF Smith, con-
Quoted by attorney Elan in the morning.
and attorney Henry in the afternoon. failed
to shake the statements of the prisoner,
except in minor details. These were chiefly
as to the manner in which Thomas and
himself got out Of the house. He was TWEEN
ty-six years old, he said. and had been
married and divorced, his wife applying
for the decree. He had known the Overturf
girl for two years and furnished the rooms
where she is now living. Since his incarce-
ration she had visited him twice a week.
He did not know at what stage of the
struggle he cut Thomas.
Smiths companion of the fatal night.
corroborated much of his testimony regard
ing their movements prior to the tragedy.
She said that her name was Overturf. al
| though she was sometimes called Myrtle
! Wallace. Wallace was the name of her
| step.father. On cross-examinatior the wit
| ness admitted that she had lived in vari-
Gus unsavorv resorts of this city. The Sec
oud time she met Smith was ct one of
these places. Smith furnished the rooms
where she now lives. On leaving the beach
after the tragedy they drove to the home
Of Harry Sells. on North Pennsylvania
| street. Sells came ont and talked a few
minutes with Smith. From there they drove
TO Broad Ripple. where they We're arrested.
The witness admitted that Smith had told
her TO keep her mouth shut. that she
would have to talk enough after a while
her testimony before the coroner. which
varied widely witt her examination in
court. She admitted having sworn to the
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