The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-10-19
fOJISEf CASE is CLOSED
FATE OF THE ACCusED IN THE
HANDS OF THE
Jury
ARGUMENTS FOR zE DEFENSE
Sweeping Charges by aoounse1 ste-I
venson as to FerJured Testi-
many IntrodHeed by the
Prosecution.
ARGUMENTS FOR lE DRFEsE

GEORGETOWN, Ky, Oct 1e.--H. Gard
ner Wallace was the; first. witness today
in the Youtsey trial. Wallace said he
was in the assistant adiutant generals $
Office when The shots were fired ana
"Tailewo Dick Combs. Mason Heaker-
smith and Br. Pruitt were in..the room
with him, and others, whom he did not
Know. The deferse then closed finally.
Col. T. c. Campbell5 attorney for the
prosecution. was pus on the stand for
the commonwealth. He said:
arthur Goebel and I had a conference
with Col. Nelson and Col, Crawford in
the Capital hotel, as; slated by Cot Mel
SON
= gave Col Nelson "a copy of the state,
ment Youtsey had made to me and some
questions, that J waRted Youtsey to an
sWe1, l told him that Youtsey made a
verbal statement to me corresponding to
the written one I gave them. hut before
any recomnlendat:ors could be made, to
the commonwealth s Sattorney as to i'm
munity that we wouI1 ike to have Yout-
sey answer the questions we filed and
make signed sta aten:ent. That was the
OBJECT OF that conference The paper 1
read from yesterday was an exact copy
of the one [ gave Con Nelson, and it has
not been changed or altered one particle
since that time One witness for the
commonwealth testified this Afternoon
that he made thorough test this week
and found that mari running down some
steps to. the basement of the executive
building could be heard N the barber
shop.
The defense put on two witnesses who
said they had tried it and could not hear
a man running. down the steps. This
closed the testimony fer both sides and
about o'clock the Judge read the in
structions to the jury,& the substance of
which are as follews:
CHARGE TO THE JURY.
l. If the. Jury believes that defendant
shot Geebel, or aided or abetted Jim
Howard, Harry How:trJs Dick Combs or
any one, then he is guilty of murder.
q That the testimony of aeeomplices
alone must not be. relied on to convict.
g. The jury. must believe the defendant
guilty beyond reasopable doubt before
they ought to convict
+ T. The jury has the right to disregard
the testimony of ann witness whom they
believe wilfully ana 1raiiciously testified
falsely.
John M. Stevenson opened the argument
for the defense. Hessaid the testimony in
the case did not show eycG circupasfantial
evidence sufficient to convict, but the
most that could be said was that some
oeoPAO4ouo --clTcItnStaDc ceS eXiSted as s 10
Youtsey. He said he believed the jury
thought John Rieketts was self con-
fessed. liar and pernlfer, and that was
the only way to descFibs him; that Rick
etts improbable story had been contra,
dicted, sinapeached and set at naught He
said this same thing about Culton and
Golden. and charged them with accept
4 tns money to swear away the lives of
their fellow men.
In concluding he referred to Arthur
Goeoels testimony as being false. but
said, admitting it WAS true, then Ycut-
sey had lied, for Berry, Howard and
Combs We're proven 10 he elsewhere than
Yontsey said, and that youtsey was not
being tried for lying
A verdict is expected by tomorrow
afternoon.
There is no Improvement i'll Youtscy's
condition, though he IS not airy worse to-
Gay. Now and then the paroxysms re-
turn, and for an hour afterwards he,
is much worse, but is ls5flI able to rally,
showing remarkable vitality.