The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-15
JOHN s. DUNCAN FOR DEFENSE.
He Reviews the i'm the Case
Brings Out It's bright Side.

JOHN s. DUNCAN FOR DEFENSE.
He Reviews the Evidence i'm the Case
Brings Out Its Bright Side.
Attorney John S. Duncan arose to begin
the closing argument for the prisoner at 4
| o'clock. He spoke until 5 O'Clock, and re-
sumed again at 7:30. Mr.. Duncan, in his
appeal, followed much the same line adopt
ed by those who had preceded him.
He diligently prosecuted the theory of self
defense throughout.
Gentlemen" Mr. Duncan began, after
quoting a ruling of the Supreme Court as
to the law of self-defense, the law has
said it is the duty of a jury in the trial OF
an accused to reconcile the testimony as
nearly as it can, so as to decide in favor of
the accused. The court says that it is a
principle of law that the defendant enters
the case clothed with the of
innocence, and this must remain with him
throughout the trial. The question L de-
sire to discuss. and the real question III
| acted in self-defense. Are you, as twelve
free and impartial men. determined to try
this ease on the law? Are you prepapea 10
doubt that the defendant did not act. in
self-defense? Was the defendant acquaint-
that such a person lived? Did he expect on
that night to meet this man at Brighton
and his friends remained at the Bates
House all evening. before he started out on
life. A pto that Ii tim pe th h ' defendant ndant'W Was 8 out
riding with his little nieces. Do you tell
me that a man an,v with the an,, wicked seo,l min ID tn ns;y
riding with his little nieces at one hour,
and the next hour take the life of a human
being in cold blood. But for the invitation
house, Western B. Thomas would be alive
| urai course of our lives! Both sides of this
case have been studious in refusing TO make
inquiry as to who those friends were. The
here to contradict the statements of Winnie
smith is evidence that ne toid the ruth.
ssMr Harry asks wEV did NOT the de-
PENDANT get a glass of settler at Thomp-
sons. For aught Mr.. Henry knows he did,
out drinking all night can stand more than
one glass of ~seltzer. Is there any evidence
Thomas would be at the Beach that night?
They say. that Thomas made the statement
answer. We'll. l don't know you Suss'
claimed that Smith wanted to have 1t out
in this case, With the State OF Indiana. and
the money of a wealthy family back OF
the prosecution. Who IS this man Sussg
the best way in the world to determine
who a man is is to look at his face and
as he sat there. He has been playing a
piano in houses of prostitution and at
| see that as much beer was consumed as
possible. l have "a right to believe the poor
long that he has become besotted; Is there
a man on this jury that would decide
against an , esg-s suck aog sm on su aran 1es no
| liquor at the Beach. but Hunt says they
drank a dollars worth. Here are state
nesses. The State itself. for the purpose
Of contradicting Witnesses. was allowed by
coroner's record. What interest has DIR.
Beck in this case? He says suss was
! he was sober, but if he was in that condi-
/, ton why was it that Coroner Beck put
him asd in fhs snae0ay T 81 aa 0a thinks he was
sober. Why, then, did not they take his
| deposition earlier? All the witnesses they
have had to prove he was sober We're q de-
tective and a policeman. We have had his
conduct on the witness stand, we have him
| appearing here as a driveling sot. Now.
gentlemen, would you want testimony COM
ing from such a source as that put into the
balance against YOU? They don't stop at
that; they seek by insinuations and hints to
show that this man was corrupted. they
ask you to believe that the counsel for the
defense has corrupted this witness. ! de-
nounce that charge as false for myself, my
| co-counsel and the prisoner. They said
at the jail, and / say that isn't SO. Let
them go to the county Jail and see where
these prisoners have been kept, and they
| charged anything like that. Gentlemen of
| the jury, wasn't that meeting at Brighton
Beach accidental? Who was the aggressor
| What effect Was the whisky having on
Thomas when he ordered the hickman to
| drive off and leave Larry Mckeon? Thomas
had been in a saloon that night. He had
not been asSociating with women. and
| women, tnOugn they may UOL DC d. pure Is
the driven snow, can have a-rei1nIng infiu-
ence over a man. Winnie Smith took this
woman out to Kissel's garden. His pur-
pose in going there was to sit beneath the
| trees and listen to the music.
"Who began the struggle that ended with
the death of Mr.. Thomas? Where is there
| any evidence showing a desire or DISPOSE
ton on the part of Winnie Smith to do any
body harm? This young fellow, just recov-
| ering from a spell of illness, found him
self in the grasp of an athlete. He
defended himself with a knife, the
Y lfnrr f10 . ~ = n ~ n6tor nof n f6J1.f
with the name of weapon. Look at it, gem
tlemen. I have always found the Jealous
| the State by election, but the one who
represents some one else by employment.
| When Smith walked into that bar did he
| speak to Thomas? Did he do anything to
attract the attention of the man? Who
was it that spoke? That conduct on the
part of Thomas was another evidence of
the effect that liquor was having upon his
disposition. If anybody intended trouble
| there that night who does the evidence
| disclosed indicate as the aggressor? Take
| the evidence of the State. Smith told Thorn
as he had a lady outside, when asked to take
a drink. Now was that evidence that he was
there looking for a quarrel? What had
Smith said or done that would convince
anybody of his disposition to commit a
crime? According to the testimony of this
bartender, Smith, as he arose from the
| ground after the struggle, ran to his buggy
and drove away without a hat on his head.
The only witness who has said that Thorn
as fell from the door first was Mr., Suss.
Every other witness has said the defend
ant backed out of the door with Thomas
| following him up. Both Hunt and Wilson
said Thomas followed Smith to his buggy.
| The State says he was defending himself
| from assault. Why did he follow Smith to
the buggy? Why was it necessary for
! Smith to drive away from that locality?
| Who was the aggressor, I ask you? What
| motive did Winnie Smith have to
take that mans life? Take that to your
selves when you go to the jury ROOM
Take his conduct from beginning to
| end. and / ask you. as you hope some day
to be judged, where was the motive? Is it
not incumbent on us to furnish a motive
for Tlomas's conduct. We see that liquor
has affected. him badly: and some men,
when in their cups, can't bear opposition.
They become irritable and ugly at times
when they come under the influence of
liquor. Why was it that this man ordered
Winnie Smith from this saloon, when he
had been told that the defendant had had
enough to drink? But the question I ask
| is, what motive. under Gods heaven. could
Smith have had to take the life of that
| man that morning?
"Wha is the story that Smith tells? He
has told you how he happened to be at
that place on that night. He has told you
where he entered the bar, and he has told
you he was struck a blow on the mouth.
He told you Thomas followed him up by
striking him a blow on the nose. He
grabbed his head. and in attempting to
get away from the grasp one of his ears
was torn from its position. They say