The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-11


to see all that passed below. Not a detail
Of the scene Ia the prisoners box could
they afford to lose.
AT s:I5 o'clock attorney John S. Duncan
prepared to state the prisoners case. TO
the jury. His remarks were not pro-
with the permission of the court he
began, 1T now becomes. my duty to make
Mr.. Duncan reviewed a great many Of
the details presented in the statement or
a adtDrne iha & the n P arispger for wa sh9 %pr ssa1e, H to
be innocent of crime and must remain 50
until his guilt was proved.
man could be deprived of his liberty, the
State of Indiana must. satisfy every juror,
er's guilt. In a case like this he must be
given the benefit of a doubt. The prisoner,
aen able d haa Pls was meant moa su ahst each ss a juror aror
must himself be satisfied of guilt, and UNI
less ,s, ne is satisfied there must be no con,
the technical definition of a reasonable
doubt attorney Duncan read an opinion Of
IT is not incumbent upon the accused"
continued the attorney, ito prove his dnnS-
fsgeei his ra guilt D sssts upon S1 the sstas etner
side. That Western B. Thomas was killed
Claim the fbs def thaa ni,,, Is mot mss denied naf ID v bIs t we
of the law. We claim that the prisoner,
In doing what he did, acted in self-defense.
1t is not incumbent oh him to prove that
he did act in 'self-defense. but if there is a
reasonable doubt that he did act on the
in his favor. 1t is the duty of each juror
in determining whether or not this man
did act in self-defense to, as nearly as pos
sible. put himself in the prisoners place.
If Smith believed that Western b. Thomas
was intent upon doing him a bodily in
Any, !yy; then he had a right to do what he
The attorney read from the statutes the
case of Fields against the State. 124 Ind,
to show the laws Interpretation Of the term
'self-defense." Continuing, he said:
Gentlemen, our Supreme Court has held
that the defendant, that il in a place where
he has a right to be, and believe he is about
70 suffer bodily injury, has a right to take
said that Mr.. Thomas on the night of July
IL, instead of going to bed with his friends.
concluded. to go out and make o night of
II: that he went to this resort and was
killed by the defendant. This prisoner on
the night of July II, ate his supper at home
ride. He drove around the city for a time.
then took his little relatives home and
Grove to Indiana avenue and Mississippi
or Overture into his buggy. They drove out
to kfssell's road-house. where they listened
to the music for a time. The evidence. will
probably show that they drank some beer.
They started home about 10 o'clock, but in
passing the entrance on the way out of the
them to remain. They continued there until
about ~ O'Clock, and then some one pro-
house. They, perhaps. partook of more beer
there. 1t was proposed by Smith and Miss
Wallace that they drive over to Brighton
Beach. They started but got separated. the
others falling to follow. The evidence will
disclose that a dollars worth of beer was
furnished at the expense of Mr.. Smith.
concluded to go back to Thompson's in
search Sc rcno OF their their friends; Day was beginning
stead Of returning to the city, Mr.. Smith
concluded to drive back to the beach. The
evidence will show that Smith went into the
wine room first. He had a right to go there.
The evidence will disclose that Mr.. Suss, the
piano-piayer was not there at all all MT;
was there nor was he acquainted with
him. Smith went into the bar room. maxi
drawn at his expense. He stood near the
door, SO he could watch his horse, which
was being heId by the young woman; With
spoke up, asking why he did not pay what
he owed. Thomas insisted time and again
refused. turned upon him. After ordering
him from the bar Thomas struck Smith
E blow in the face. He not only laid his
In the mouth and followed up the assault.
He grabbed the defendant by the ear, tear
The evidence will show that he grabbed the
defendant by the throat, and was choking
him.
ut has already been shown by the sur
geon, in the case, that Mr.. Thomas was a
man of splendid physique; a man of won
time weighed less than lao pounds. He was
recovering from a spell of sickness. This
STRONGER man had his hands upon Smiths
throat. Smith had a right to believe that
he was about to be done a bodily. injury.
He took a small knife from his pocket-the
deadly w~eapon-but I'll wager there is not
a juror in the box that does not carry a
larger knife than the one in the hands of
time for elaboration. Smith struck at ram
dom with his knife. The evidence will show
from his crime, when he ran to his buggy.
He was attempting to get away from the
twenty minutes he drove back to the resort.
He was not trying to flee from any crime
he had committed. He did not know how
badly Thomas was hurt. He came back
and in less than three hours, was found in
a hotel, less than six miles from Brighton
Beach. I am not here to offer an apology
can't do that any more than the attorneys
for the State can offer an apology for Wes-
In spite of that prayer. gentlemen, lead us
not into temptation these places exist, and
young men and women are tempted to visit
them and take that which, IS not good.
This is not the question, at all. 1t is whether
or not this prisoner had a right to do what
when the defendant went to this road-house,
he did not know Mr.. Thomas was there.
1t will show that he did not see Mr.. Suss:
that Mr.. Thomas was the aggressor. and that
in doing what he did the defendant did not
violate the law and the State of Indiana"
EVIDENCE FOR DEFENSE.
The first evidence adduced by the defense
was the uepOSluOn OF Dr. w. >. Beck,
who was coroner of Marion county at the
time of the Thomas murder. The de-
position was taken a month ago by John
IS. Duncan, for the defense, and attorney
Wiltsie, of the State. Coroner Beck was
called to Brighton Beach on the morn
ing of July II. His testimony developed
that he found Suss, the piano player, in
an intoxicated condition when he arrived
at the Beach in response to a telephone
message. Suss was so drunk that the coro-
ner was unable to get his testimony until
2 o'clock in the afternoon of July II. At
this hour Suss was not entirely sober.
The coroner testified to having been given
a knife at Brighton Beach. 1t was blood
stained and the blade was broken. The
coroner arrived at the resort about day.
light. He found the body of Thomas at
the north entrance of the saloon. He saw
blood on the steps, but not on the floor
of the saloon. He said the ap2roximated
weight of Thomas was 1S5 pounds. The
witness had a conversation with Suss over
the body Of Thomas. Suss did not appear
to think quickly, his face was very red
and there was liquor on his breath. His
| appearance indicated that he was under
the influence of liquor. There were further
indications of his inebriation in the after
noon, when Suss went to the coroner's
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