The herald., 1897-04-07
VALE, SPOOKS!
Concluding Argument for
Plaintiff
fHE ANGEL THEORY
Sustained by Quotations From
the Holy Scriptures
A CHILD'S DUTY LIMITED
TIE CASE rs FINALLY GIVEN TO
THE JURY
Up to 10 O'clock Last Evening They
n.d Daan Tn h1a fO Agree
A cHILD'S DUTY LIMITED
TIE CASE rs FINALLY GIVEN TO
THE JURY
On to 10 O'clock Last Evening They
Had Been Unable to Agree
and Were Locked Up
For the Night

Quite a good deal was said during the
trial of the Times libel suit about hyp-
notism and hypnotic influence, and TO
some extent the trial itself was an IL
lustration of the power of one mind over
another In the arguments to ole jury
Henry T. Gage, esq, and Senator Whlte'
who closed for the defense in mastery
style. appealed to the heads of the Jur-
ors. so to speak, and yesterday w. L.
Kendrick appealed to their hearts While
lacking in all the graces of diction ana
charm of delivery that distinguished
Senator Whites effort, and minus all
oratorical effect, Mr.. Kendrick never
theless succeeded in making much bet
fer presentation of his case in argument
than he had in the line of testimony. 80
far indeed, did he succeed in impress
ing the minds of those present with the
ideas he desired that at one time there
was considerable sniveling In court, and
pocket handerchefs were in demand. At
torneys are not supposed to be partic-
ularIv snscentihle. hut al least two might
have been noticed in surreptitious way
mopping their eyes and trying to look
unconcerned. That was hypnotic con-
dition produced by suggestion.
The plaintiff and the Belmont hall
contingent were in attendance, and
pretty flaxen- haired girl sat on the lap
of Miss Holmes most of the day. 1t was
rather pitiful to watch the little ones
actions at times. She realized that there
was some connection between the man
standing up on the floor of the court,
and Miss Holmes: and when the plain
tiff began to gently cry as counsel anim-
adverted to the phases of the testimony
bearing upon her character the little
tot would watch the tears falling and
then turn toward counsel, while the
childish face would gather in fPown.
Neither of counsel for the defense were
present in court during the day, but as
usual there was a goodly gathering in
the court room.
THE ONUS OF PROOF
Mr.. Kendrick began his argument by
challenging the inference to be drawn
from a statementmade by Mr.. Gage that
an allen was outside the pale and pro-
lection of the law. In the days of the
great men named by him-the days of
Washington, of Jefferson and of Frank
lin-an invitation to come to this coun-
try had been extended to all foreigners,
II
min Franklin, whose name had been
invoked by counsel on the other side,
was also a vegetarian, one of the pecul-
iarities distinguishing the people at Bel
mont hall, and used by the defense as d
reproach against them
With all the opportunities afforded by
money the prestige attaching to great
counsel and detectives running around
like bloodhounds the result, counsel
contended was rdiculously small Mrs
Van Auken, who had been president OF
the Spiritualist society, had every OPP
portunity to hear anything that might
be detrimental to the plaintiffs charac-
ter, If anything had existed, but there
had been a failure there. Counsel on the
other side had alluded to those who hao
"snobly broken away" from Belmont
hall, but Mr.. Kendrick wanted to know
where they were and why had they not
been brought to testify as to the horri-
BILE things they had seen.
Senator White was much disturbed
said Mr.. Kendrick, when he discovered
that Watson and Nevada were not tC
be called. Well, part of his case was
left out, and that was why. Miss lrwir
had said that 'one of the elect-Watsor
had told her at one Of the meetings the
devil appeared in propria personae, anc
after being addressed as Mickey by Miss
Holmes, was expelled by her, and he
gathered his tail under his arm, shool
the dust from off his hoofs and left. We
had fifty witnesses ready-no, / dom
want to follow the example of counse
upon the other side and exaggerate-Il
say we had twenty-five or thirty wit
nesses ready, if necessary, to deny tina
ard kindred stories but we were undel
no obligation to deny anything; it wa
for the defense to prove the allegation!
of the libelous article having pleaded
justification. inasmuch as they were
true Senator White said Nevada wa!
crazy-such fact was not in evidence
but he said it-ard then professed TO b'
much exercised because we didn't pu
upon the witness stand crazy man. w
didn't need to; the presumption tha
the article complained of was libelou
is with us, and for the defense to prov
the reverse 10 be the case"
Counsel proce eded to read from tn
Times article several of the phrases de
scriptlve of Miss Holmes appearance
1.-The lines and wrinkles that tell of dis
eipation:" the "mouth both sensual ant
cruel" the "evi. rowing eyes" clothed il
"a loose red wrapper and young man.
arms thrown around her while his heat
rested upon her shoulder. Then. too. /
was alleged she took the young man
arm and departed for her room, and ais
that she kept him with her day an
night" ard in connection with thes
rhras5s the article stated that her doc
trine REGARDING marriage was too luri'
fer publica ton" in the Times Mr.. x n
crick said is was for the jury to under
stand the come ction. and understan
fully the veilcd destinations of the ar
ticla In the attack upon plaintiff
chastity she had been held up to sham
and ohlQquy. and the only way out of tn
difficulty waS for the defense to prov
its truth, and in the attempt to do s
every means had been exhausted.
THE DETECTIVES ENDORSEMENT
MRS. Van Auken," continued counse
had once said to her brother-inla
George, I'll get even" She had state
on the stand she had no feeling agains
Miss Holmes but it was she who cir
culated the story about her sitting il
Georges lap. She said that while sh
refused to be bull-dozed by the Wheele
party into signing anything. she did
when mildly requested, give a write
certifica ton as to the chastity of Mis-
Holmes. Dodd, the detective, too, VIII
u~t into the house bv false pretenses