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

4 for the prosecution took exception
! To Mr.. Parker and reviewed the
evidence to show his claims to be
true. Mr.. Parker followed with eta
tons from the statutes. lie argued that
the state should rot have particulariZed
the pace of the theft, If their charges
in the indictment were to stand.
Mr.. Parker was still arguing his
points at hour of going TO press.
FRIDAY.
1t seemed last evening that the Tai
bot case would come TO a sudden end
ing. Attorneys Parker and Meyers
cited citation after citation bearing out
their position and the judge sustained
them in SD far as TO their claim that
the state had not shown the goods to
have been stolen in st. Joseph county.
On this part the judge was clear and
| frankly stated that should the jury re-
turn verdict against the defendant he
would set aside the verdict and order a
new trial. But he doubted whether it
was his province to instruct the Jury to
render verdict for the defendant in
view of the questions of law involved.
| The judge adjourned the court until
80 In the evening at which time he an
/ nOunced that ne had decided TO over
rule the motion of the defense. He
gave the defense sixty days TO lie a
| bill of exceptions The Judge stated
that he was convinced at the time the
state rested its case that it was far
| short of satisfactory proof He thought
! that the evidence left an impression
| that goods were more likely plnndered
! between Chicago junction and Chicago
10 adj fnh hot ND+h ant - oh, ~
that the crooks in question stole the
goods except the admissions of Talbot
TO Horn as testified by Horn. The
state did not have prepOnderance of
evidence. 1t was more than likely,
thought the Judge, that these goods.
were the result of some other stealing
if the statements of Horn are to be re-
| lied upon. The Judge did not feel
authorized 20 take the case from the
hands of the jury and In consequence
Overruled the motion of the defense to
quaeh the indictment.
This morning the defense outlined
its purposes and the following witness
es were examined:
Prosecutor Slick was put on tie stand
by the defense and stated that he drew
indictments against Ryan and Black
charging them with stealing same silks
| that Newman is charged with having
stolen by the prosecution in the trial.
Jas. Ebberheart sheriff OF st. Joseph
county said that Talbot came to him
voluntarily and told him that some of
the silks were at the dye house. Tai
bot said that goods were taken by Mrs.
Mccullough on chattel mortgage and
showed the mortgage. This witness
was used by the defense to impeach
vital testimony given by Cassidy.
Edger Stohl of the South Bend Times
said that Horn had told him after Tai
| bots arrest that he considered Talbot
| innocent and was sorry to learn of the
unfortunate affair. This testimony was
! taken to impeach Horn who proved to
be one of the states main witnesses. 1t
will be shown that Horn has interested
himself lately in the prosecution be-
cause Talbot as attorney for an unfor-
tunate woman has instituted case
against Horn for seduction.
The Hedram brothers both testified
that Horn and Talbot never drove to
their Half Way House at any time
| This is evidence calculated to impach
| Horn. The defense then rested Its case
and court adjourned until o'clock.
This afternoon has been occupied by
the attorneys for both the state and de-
| tense in summarizing the law and the
evidence. Attorney Lauer spoke first
presenting the states case in a mastery
| way. He was followed by the attorneys
for the defense and MIR. Baker closing
for the state.
SATURDAY.
John Talbot "Not Guilty" That
was the unanimous verdict of twelve
CONSCIENTIOUS men OF Marshall county
who had faithfully examined the
evidence produced by the state.
1t was evident that the state failed to
prove single charge III the indictment.
The attorneys for the state, however,
are to be congratulated tor their efforts
They certainly made aS good tight as
was possible with the evidence at hand
The speech of Mr.. Lauer for the
prosecution was followed by one of the
dDlest addresses ever presented by an
attorney In Marshall county. This was
the opening speech for the defense by
Hon. Samuel Parker. He reviewed in
scathlng terms the anlmus back of
the prosecution and presented the law
III such clear state mentsi that every
possibility of doubt regarding the limo
cence Of the defendant was removed
ATTY Myers, of South Bend, also spoke
for the defense, followed by prosecutor
Slick.
Mr.. Brick then closed for the defense.
His appeal to the jury was argumenta
tive as well as remarkable for its pathoS.
He described the horrors of life in the
q niientiary, and aptly incorporated in
remarks beautiful quotation from
Whitcomb Riley. This brought tears
TO the eyes of the jurymen as well as to
most of those in the audience.
Atty Baker reviewed for the prose-
cution In speech an hour and
quarter in length. He tried to show the
connecting links as charged in the in
dIctment to have been established. He
is a scholarly lawyer but even ability
can not make q case where there Is
none.
The Judge then instructed the court.
The Instructions required more than an
hour. Summed up, they were to the
effect that the jury should consider the