The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-15
FOR H STATE.
Charles l.. Henry Appeals to the Jury
to Tindicate the Inv.


Charles T.. Henry, ON behalf of the
State, began his reply to the argument of
Attorney Spaan. at 2 o'clock yesterday aft
ernoon, occupying the time of the court
until 4 o'clock. Substantially he said:
up to this time the State has not been
heard concerning any of the theories set
out by the defense. You have heard, gen.
tlemen of the jury, two able arguments for
the defendant. Now, it shall be my purpose
to confine myself as nearly as possible to
the discussion of the question before us. I
will not take up your time with the law
questions; the court will instruct you as to
that. 1t is no light thing for a jury to be
called upon like this. There is a grave re-
sponsibility resting upon you. 1t is not a
pleasant task for any of us; but there is
duty resting upon us, a duty that we must
perform in order that the community may
be protected. The State is not responsible
for the class of witnesses we have had. 1t
has done the best it could with the wit
nesses it has been compelled to use. 1 want
to say the defense can go no further than
the State in asking you to try this case on
the evidence alone. We don't want any
other influence to move you.
This Indictment covers not only murder
in the first and second degrees but it covers
manslaughter. The law showing the diff
ferences in conditions. that constitute the
various degrees of crime. has been read to
you. l do not need to call your attention to
that for 1 take it that you are intelligent
enough to form your ideas without my as
sistance. If there were no prejudice on the
part of Winefred E. Smith in the killing of
Western B. Thomas there can be no convic-
ton of murder in the first degree. I think
1 can show you that this defendant cannot
lo;~, cole Iofooco h,t +hnf ho uyac ortiJfxr
of murder in the second degree. if not the
first degree. Before 1 take up the evidence
in detail 1 must talk of the surroundings
of this case; of some things that so to
tell us how much credence can be placed in
certain witnesses. If Mr.. Smith is not found
guilty in this case it is because his testi-
mcny is true and that given by the other
witnesses false. l take it that We should
see how he stands, not only as a defendant,
but as a witness. His testimony, is to be
weighed as well as that of other witnesses.
Then what weight shall go 10 determine his
credibility. That his moral character is bad
was proved ny ms own snaneLess aumlsi
moral character was bad. If Mr.. Spaan had
desired he could have asked our character
witnesses in what respect the character of
the prisoner was bad; but he remained ST.
lent on this subject.
"When all that was done and we had
closed our case, they had a chance to show
the spotless character of the defendant in
rebuttal of the evidence of the members
u ihoididPois poiiee department.. why
did they not bring some one of the one
hundred and twenty-five thousand people of
this city to say his character was good?
l take it that when we have shown by the
testimony OF these men that the general
moral character of the defendant is bad and
his attorneys do not attempt to show that
he has been an uprigh citizen. the testi-
mony remains uncontradicted. 1 expect to
hear some pitiful and touching appeals for
this defendant on account of his aged
mcther-that kind hearted woman-but |
want to say that the true character of this
man as a cold-blooded murderer was shown
up When. instead of going to his mother,
after that crime. and remaining there until
he was arrested he spent the time in the
society of a shameless harlot-a woman
who has been kept by him for four long
years The woman whom he has visited