The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-13
THE ARGUMENT BEGUN
n THOMAS MURDER REVIEWED
ny PROSECUTOR wiLTsIE.
0prnina speech. Covering two Hours
and Eisht Minutes. Followed by
Cbarics. w. smith for Defense.

self Into ~ battle OF eloquent words and
construction of tho criminal law. The arr
Eumeit In the ease was opened yesterday
morning by Prosecutor Charles Wiitsle lie
spoke for two hours ana eight minutes.
Charles w. Smith. for the defense. fol-
lowed ana spoke until noon, After dinner
no resumed and did not. conclude until
$40 o'clock. Attorney Spaan Will open the
argument Monday morning for the prison-
or. congrcssman Charles /. Henry will
follow him and John =. Duncan viii then
take up the case for tho prisoner. John u.
ELAN will make the close for the State
Tuesday morning. Judge Mecray announced
yesterday that the counsel for both sides
must get through by Tuesday noon. The
intense cold weather OF yesterday morn
Ing Kept a great many people at home and as
a consequence the court room was not half
filled at the opening session. Yesterday
afternoon. although the weather had mod
Grated but little. the crowd came again
and scrambled and pushed each other about
for an entrance.
Prosecutor Wiltsie began promptly at 0
O'Clock. At times during his speech his
arraignment of the prisoner was scathing.
He began with the announcement that he
was suffering with a severe cold. ''Gentle-
men or the jury he continued, "you Will
have to bear with me while I discharge my
ahu NdbicS III CpfnecQpn with THIS case.
j have a just sense OF the responsibility
resting upon me. The duty I have to per-
form is not a pleasant one, for the prose-
cution OF a fellow being charged with
murder Is never n pleasing duty, but my
feelings do not matter, 1 have "a duty to
perform. Your verdict In this case may
bring pain to spme people closely related
to the defendant. 1t is also a fact that
there are some absent from us to-
tIaX yyhaua hnax -. 1....~ .-..t. -. "
bitter cup OF despair; whose hearts have bled
because OF tho untimely death OF w. b.
Thomas. None OF these things should In
nnence you. You must do your duty-true to
yourselves, true to your oath and true to
your God. The interests OF society are
at stake. The State of Indiana only asks
that YOU be firm and resolute for the
right and the law. j believe that you are
IN favor OF tho enforcement of II and I shall
do the best I can TO guide you In drawing
up u true and Just verdict In this case.
THE defendant. w. Il. Smith, Is charged
with having killed w. u. Thomas. on July
~. 1884. In this charge ~ included the
Lesser degree or homicide. known as man
slaughter" Mr.. Wiitsie then called the at
tontion OF tho jury to tho law governing
the case. After reading from the state
mcnt covering homicide he said again:
You VIII observe. gentlemen. that under
~~fR - nv R0Htt ~ VI Fii1ulA It
satisfied beyond any reasonable doubt that
Winnie smith did, In this county and state,
purposely and with premeditated malice.
XII w. IL. Thomas, you must find for muir
der In the first degree. IL you find that he
killed him purposely and maliciously, but
without premcdition, you must find him
guilty OF murder In the second degree. On
the other hand. X you find that malice be
wanting. but the killing was done unlaw-
fully. Won must find thia Aafpn1a nj atttltu
OF manslaughter. MIR. Baililf, will you
please get me some water?
me defendant enters u plea OF not gull
issues Of the case fnairiy' The state assumes
h fse snTdsn OF pro S,nsg every aIIsgatIon IA
case recognizes, the humane rule OF law
that this defendant Is presumed to be In
nocent until you are satisfied of his guilt
beyond any reasonable doubt. II you could
not reach that stage in this trial, we say
quilted. But we also say to you that when
you have thrown around him the presump-
ton OF innocence, and when by the evil
dence that presumption Is removed, you
must md him guilty and mete out to him
the punishment he deserves.
THE PROSECUTOR CONTINUES.
The prosecutor reviewed the crime from
the evidence and detailed briefly the history
or the murdered man. He followed the
movements of Thomas and his friends to
Brighton Beach where there were other
actors In the tragedy, the defendant and
his friends-the woman whom he had kept
tn. woman for whom he had furnished
rooms. the woman who is without character
and without virtue. the woman lost to all
shame to the world and society, but who
Is not lost to the interest of this case and
who committed perjury on the witness stand
as false as hell itself" The attorney made
No z attempt to excuse the presence of W. =.
same time held up. to ridicule the story of
s sna = s rlasx ne e. went saltz to the Tnr resort sttor simply od to
up a map of the saloon and pointed out
each door and window and the general 10
assertion that smith did not go wei there IL limos 10
cent OF the presence of the other men. He
witnesses OF the tragedy, careful that their
In the buggy could see them: smith was not
which contained the charge that Smith had
sola n one. he T Tss s sNloE to admitted aanHs y g 3Sa, With tbe
them ~ surprise: Al Of ptthils latest evi.
but If his statements. were changed, it was
not at the instance of the State. Some one
the presence Of his friends: Whitman and
tone OF Thomas's voice when he spoke to
70 the ethics Of the bar-room. ny Th sGe'r was
n nHtniins his throat. Then VAS sas' TSh omaan y
be murdered because he asked the man to
take = drink? The last words that Thomas
said were those that Indicated his friendly
suited because Thomas Invited him not only
10 take a drink but 10 invite his lady
friend. ,rhomas,.s last action was to lay
his hand upon the shoulder OF the man and
ask him TO drink with him; II simply meant
q friendly act and a friendly greeting. With
that language the defendant says that
Thomas struck him I'm the mouth. Hunt. the
bartender. only saw Thomas with hands
upon smiths shoulders. There was not a
mark upon the person OF smith that could
not have been inflicted by himself. Contin-
uing the attorney said: M
There are circumstances IN this case
that speak more eloquently than witnesses.
There arc the clothes of tho poor victim
and you saw the gashes In the garments.
Dr. Marsee says that u knife cuts deepest
where II first enters. That wound near tho
eighth rib was made from behind. for
ward. When Thomns put his hands on
Smiths shoulder, the murderer struck the
blow. and when Hunt saw the men going
out OF tho door Il was the struggle OF Il
man defending himself from the attack OF
an assassin. Here Is tho knife. Mr.. Dun
can tells YOU there is not a juror that does
not carry a larger one. Perhaps that IL
true, but you Are men OF character, and it
would not DO n ueauly weapon In YOUR