The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-06
HOPES FOR ACQUITTAL
WINNIE SMITH LOOKS AT THE
BRIGHT SIDE OF HIS CASE.
hest of Legal Talent VIII Contest
the Case on Both Sides-Trial
Begins To-Morrow.

The trial of Winnie Smith, charged with
the murder of Weston b. Thomas, on
the morning of July II, last, will begin
before Judge McCray in the Criminal Court
tomorrow morning. Special preparations
have been made for what promises to be
one Of the greatest legal battles ever
fought over a criminal case in this State
Smith win be defended by John S. Duncan,
Charles w. Smith, Henry N Spaan and
Van Vorhis and Spencer. For the prose-
cution there will be Charles L. Henry.
John B. Elanl, Charles S. Wiltsie and
Fremont Afford. The latter last night said
that he understood w. III. H. Miller, ex-
Attorney general of the United States has
also been retained for the defense. Mr.. Elan
will be the leading attorney for the pros
ecution and will conduct all the cross-ex-
aminations and have in charge the testi-
mony for the State. Judge McCray said
last night that there would be no post
ponment of the trial, as both sides have
had ample time in which to prepare for
the case
1t is understood that the defense will
enter a Plea of self-defense for Smith
Three of the witnesses who appeared before
the coroner testified that Thomas was killed
in fight, and that Smith was not the
aagressor. The other. two witnesses stated
that smith was the attaching man, and
from their evidence it was made to seem
that the murder was unjustified. man
connected with the prosecution binted to a
Journal reporter last evening that there is
a surprise in store for the deferse. He
said there would be some evidence intro
duced of which the public knows nothing
lie Would give no intimation of the nature
of this surprise. 1t is recalled that shortly
AFTER Smith had been indicted for murder
by the the rsf c degree four We're found
scene of the killing and they saw Smith
stao THOMAS. These women We're never
examined by the coroner, and it may be
that if they are put on the stand they
may be able to throw some light upon the
case. The prosecution will attempt to show
that Smith followed Thomas and showed
disposition to fight; that the two men
fTqha nmas nef and that Smith attacked
Beach. the scene of the murder. 1t is also
said that well-known young woman of
by the State in order to establish a motive
Ior the crime. This young woman was an
she finally refused to have anything to do
with him. 1t will probably be shown that
Smith blamed Thomas for the estrange-
the Thomas family.
The defense will endeavor to prove that
Thomas was quarrelsome and vicious when
drunk and had been in many brawls before
the enc in which he lost his life. Witnesses
from n anderson where he lived, will be here
10 teStlIy as TO his character. The defense
Will claim that when Smith and Thomas met
on the morning of the murder, both were
after insulting the woman of the town
whom Smith was with, began the fight The
the murder We're George Suss piano player;
at Brighton Beach; Frank Hunt the bar
lender; .; G. Lynch. Harry Whitman and
Larry Mckeon. Myrtle Overturf the wcn-
an who accompanied Smith, was In a
buggy without and only saw the latter part
CT the trouble.
Weston b. Thomas the murdered man
was secretary and treasurer of the Ameri-
can Wire Nail Company. of Anderson, and
70 nn 4, Dfnn
came to the city July IL and that night
started out on a spree. He engaged a hack
and went to Brighton Beach where he met
smith. An alteration arose because Smith
refused to take drink with him and a
night resulted. 1t awaits to be seen who
was the aggressor. On the porch outside
the main entrance of the bar ROOM Smith
drew his pocket knife and stabbed Thomas
in the neck, severing the carotid artery
Not understanding what he had done. the
murderer struck the dying man with his
whip, uttered an oath and jumping into the
buggy where sat Myrtle Overturf drove
away He and the girl were arrested later
in the morning together, in a hotel at Broad
known in their respective homes and the
tragedy caused a wonderful sensation
Thomas was one of the best known men of
Anderson. A year previous he had married
Miss Suzanne Little, the only daughter of
Mr. and Mrs. W. l.. Little.
Winnie Smith is stepson of DR.. William
Wands, of this city. His father left him a
handsome legacy, which he spent with a
lavish hand Smith has borne his imprison-
seen yesterday and asked regarding the
coming trial.
II am glad it is to begin Monday" he
said. Il have felt all the time that the pub
lie would think differently of this matter
when they heard all the facts. have little
doubt of the result. but even if I should be
acquitted this whole business is a terrible
affair. | have felt that ] was justified in
doing what / did, under the circumstances
but even that does not remove the horror
While in Jail have been afforded an ex-
cellent opportunity for thinking and L see
n i1.r xx,I,.x
before I had this trouble. Speaking of the
safoon-closing policy, Smith said:
1T is a good thing to have the laws en-
forced. / have noticed, since the saloons
have been made to obey the law. that
crime has decreased. If the laws had been
enforced last July. / would not be here
now and there would have been no trouble
at Brighton Beach,
During the trial Judge AIcCray will not
allow persons to stand in the court room
Only those for whom there seats will
be admitted. s