Marshall County independent. (Plymouth, Marshall County, Ind.) 1897-1902, 1898-02-04
EVIDENCE ALL IN.
SUTHCRLiN WILL SOON KNOW
HIS FATE. COURT ROOM
CROWDED.
The Defense Closed Their Side Of the
Case Ihi- M"rning and the Lawyers
ar. Arguing the Cave.

John Schulteiss, plymouth, Indiana.
He testified that be lived In i'lymouth
- years and that he was tanner. Tie
was acquainted with defendant about
six years and thai he purchased mule
hide about Nov Is, 1896. The skin he
purchas-d was dirty yellow color. lie
would not say whether the mule was
skinned above or below.
jacob \eff, Warsaw, Indiana. lie
test tied that he lived In Warsaw about
seven or eight years. He was acqualnt-
ed with both Sutherlin and Fetters. He
and Fetters were In the blli board busl-
ness at the plymouth fair In the latter
part of August 1896. Fetters had no
money at this time, to his knowledge;
but had considerable money before that,
made no money at the Plymouth fair.
Did not pay for permit. They quit
business immediately afterwards and
has never seen Fetter's since.
Mrs. Edith Sutherlln, wife 0f William
Sutherin says that she was acquainted
with Fptters. Fetters shaved about one
week before he left. Shaved of his
mustache at tina, time. Sutherlin and
Fett. rs left on sunday about O'Clock
and Suthrrlin C .me back Monday night
and left next morning about 43O.
buggy In which they left was buck
board, aud black horse and s0rrell
pohy.
At this point the defense admits that
the buggy the defendant had was
spring wagon the box of which was
> feet, ii inches outside, 2 feet, inches
on inside.
The defense offers in evidence the
testimony of Johnny Vandalan taken
before the cOroners Jury at knox
which was read in evidence as follows:
That he picked up cap where there was
a pool OF blood ana hung it on post at
the school house, and man came along
driving sorrell brown pony and a
black horse, and took the Cap and put
1t on.
Also he testimony of TaZ Mitchell
taken before the coroner and the testl-
mony OF Mary Roher all of which was
excluded
Geo. a. Williams, Plymouth, Indiana.
Occupation blacksmith. Testilies that
heshod some horses for Ed. Fetters
Sept, 1896, and he had no money to pay
him, and that he was getting some wood
from Twin Lakes that he would give
him for his pay.
The defense rested their case and
the state was through with the excep-
ton of one witness which would be here
in the morning at o'clock.
Atty Lauer opened the argument for
the state in an able speech. lie first
explained u the jury the law that
governs IN such cases.
Following this he explained what is
meant by circumstantial evidence. ex-
planning 10y using the illustration of
Solomon when the two women came
before him both claiming the mother.
hood of the same child. Solomon was
perplexed but taking his knife stated
that he would cut the child in twain
and give each half. The true mother
fell to her knees and begged the king
to give the child to the other woman
The m0therly instinct was the best
possible evidence. That was circum
stantial evidence. MIR. Lauer then In
troduced authorities strengthening his
understanding as to what Is meant by
reasonable doubt"
He explained the Importance OF
motive IN criminal case, and showed
what is meant by premeditated malice
after which he carefully reviewed ths
evidence showing the strong case of cir
cumstantial evidence, fixing the Grim,
upon the defendant.
Atty stevens addressed the jury thi.
afternoon for the defense producing ar
guments in rebuttal to those of Atty
Lauer during the morning. He dwell
long while OIL the idea that the jur]
is Judge of the law and the evldenc,
and endeavored to prepare the jury fol
the Instructions of the court which hs
well knows will be adverse TO the d,
fendant. He contrasfed our system D
laws with those of older countries a
an earlier period.
If thee ourt is to be both judge ant
jury then one man has arbitrary power
which is not the spirit of the cOnstitu
tion.
He went at the theory IF circumstan
tial evidence as presented by Mr.. Lsue
In mastery way, producing instance