Marshall County independent. (Plymouth, Marshall County, Ind.) 1897-1902, 1898-01-28

far has been one sided but II Is queS-
ton as TO whether the state has estab-
lished its case as charged in the indict-
ment.
The prosecution is hopfull but it is
evident that the defendant and his at
torneys are in excellent spirits. They
are more than ever satisfied that the
evidence of the star witnesses for the
state Will be discredi;ed by the jury.
They will show that Reesman and H0rn
nave been coached and that Horn is
especially interested in the prosecution.
They will enGeavor to SHOW that Horns
testimony cannot be relied upon judg
ing by the cross examination today.
The state has produced some of its
star witnesses since the last report.
Chief Cassidy gave testimony as to his
connection in the recovery Of silks
claiming that his interest III the case
was only that OF duty as an officer.
Mrs. McAlpin of South Bend, Owner of
the dye house, and her sister Mrs. Nc
Cleary OF Texas who is visiting her tes-
tilted that Mr.. Talbot brought silks to
the dye house and wanted them cOlOred
any color just to change them.
Geo. Reesman of LaPlatte, Mo, a
young boy who ran away from home
AMI went about the country with a
gang of toughs testifi ID that he was at
Walkerton at the time crooks, who are
supposed to have robbed the cars, met
and divided the money. This was done
at pile of ties along the railroad near
Walkerton He examined the picture
of Scott alias Newman as a per-
feet likeness. He said that Scott was
5ft Sin tall and that he weighed about
o0pounds Upon crOss-examinatlon
the defense tested his judgement as to
height by asking himhowt ali re thought
Attorney Lauer to be- The boy SAID
about Aft. This created considerable
merriment at Mr. Lauer's expense.
Mrs. Talbot. mother of defendant,
testified that he was IS years old and
that his father died when he was only
l0years of age.
Albert j. Horn was Gu the witness
stand most all the forenoon and for
time in the afternoon. lie claimed to
be South Bend lawyer but upon cross
examination acknowledged that he
never tried single case. This may,
however be no unusual concession for
South Bend attorneys when under OATH
lie knew Talbot since % and had had
an office with him. He recognized
photo of Scott, alias Newman. He
stated that Talbot had told him that
SCOTS business was rObbing railroads
and that he was a slick one. Talbot
had told him that there was a cOmbina-
ton for robbing cars, including many
Of the employees of the road; that
goods would be shipped about the
country and re-shi2ped until all trace
of them would necessarily be lost. He
said that Talbot asked him to testify
before the grand jury that he knew
about the affair. The defense
upon crosS-eXaminatioh brought out the
tact that witness was uDfriendly to de
fendant, and that he was interested in
the prosecution. Defense sought TO
snow that witnesses testimony was in
splred by malice, and that this malice
was inspired by other suits conducted
by Talbot against witness. Defense
intended to bring into the testimony
the exact charge of indictment institu-
ted by defendant against witness which
by the way was charge of seduction
brought by South Bend woman. The
Judge Overruled thif testimony and the
court escaped what might have been an
exciting scandal airing. Defense asked
if witness had not been arrested for
licking his wife at one time. Witness
denied being arrested but said that he
and his wife had had trouble and were
separated for time
After the examination of a couple
other witnesses whose testimony was of
minor Importance the state rested its
;ase. The jury then retired and Atty
Parker moved to quash the indictment
and discharge the defendant on the
ground that state had not proven as
charged in the indictment that goods
were stolen in st. Joseph county. He
stated that it devolved upon the state do
his but there was no evidence to this
effect. The evidence is that the goods
we're in the car at Carrot Indiana but not
when train reached Chicago No one saw
the goods stolen. No one saw the thief.