The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-07-28
Overflow Crowd Enabled TO Hear
the Opening Arguments over
the Telephone.
SPEECHES ON BOTH SIDES.
Judge Delivered Instructions "n
CircumStantial Eyidcncc-Dc-
frnse Brooks No Middle
CourSe-.iskS Acquittal.

aFpuHIac - EyIAL.
Nv ordnn. Mo. Julv 1.-Two hours pre-
yious 10 the argument iii the Jester case the
courtroom was packed by Z crowd Of law
~e.s and citizens eager TO witness the great
leEs; battle
The instructors To the jury define ci'cCnl-
siartiai evidence and are quite conpEeher-
sve in their scope. They make :: verdict IN
the second degree, possible. with punish
s,lent of a term in the penitentiary or not
less than ten years
A telephone has been placed just lack Of
ihe jury so that many people Of The town
end county may hear the arguments WITH
out suffering the heat and discomfort OF the
crowded Courthouse. The most intense in
,erest ever exhibited In the great trial IS
now shown.
states Opening Argument.
Joseph Il. Rodes OF Sedalia, No. opened
the argument for the State. He said, IN
part:
The history of this case is most remark
able You are sitting jury on one OF
the most peculiar cases ever known in the
snnals OF criminal jurisprudence. Inc eN-
treme age OF the defendant. the years that
have elapsed since the crime was committed
as well as other peculiar features. render
this case unique.
at stands absolutely alone and IS there
fore OF exceeding interest to the lawyer and
the public in general
testers Statement Attacked.
The attorney then read and dissected the
statement Jester made at Wichita in lsil
and recently published by The Republic. He
attacked the probability Of testers state
Inent that the boy had no money. The lad
had plenty of money, buffalo meat, feed
and everything TO make him comfortable
The evidence shows that Gates ooGsHt
three deer en- route and later suid them
The watch. a sacred heirloom, taken from
the dead body OF Gilbert's brother. siam III
honorable battle. and once owned By MS
grandfather was found on Jester when ar
rested. Jester claimed that Gates. IN imam
oial straits. sold him the watch for 40
Blood Cries Out From the snow.
lester cunnlngiy selected the time ami
the SPOT.
He could see for mile IN every ''irec-
tion. Il was showing. He saw no one and
reasoned that there was no eye TO see him,
10 ear to hear. How he killed the hand
some boy, no man ON earth knows. but the
defendant That he killed him the blood
cries out from the snow and speaks all
down the road. Why did this trained
traveller and frontiersman turn south OF
lis course. but to get hid OF the body
CONSCIOUS OF guilt ne A.sFtl " ~ NM I'll
innocent man. Why does he give SO many
conflicting accounts about the boy who
drove the team and how he obtained posses
sicn of the extra outnt?
All different and all alike false. His old
neishbors in Indiana viewed the fine bay
team the new wagon. the two watches, tn.
ruisfit clothes which aroused suspicion. b'it
when Gates came following the murderer
trail they said: Il told sou so"' We admit
that the murdered boys brother has fur
,lished the money TO follow testers tran and
uncover his record. That he has not been
tried long ago for this crime + no fault Of
the State of Missouri. Why did Jester be
tray no surprise when arrested and tod OF
the death OF Gates? An innocent 'nan would
have said: My, God, Is Gilbert Gates
Gead?"
The murderer knew Il already. why does
the yirtuous preacher break jail. desert his
wife and eish: children. fee in the night.
Cnange his name. commit bigamy. deny his
former identity and never return to his obi
home? All his acts and all the -ircumstan-
ces declare his guilt.
Argument for Defense.
]. s. Mcintyre of Mexico, Mo. wss first
TO speak In behalf OF Jester. Ills address
was carefully prepared aboInding In classi-
cal illusions and well rounded periods. For
four hours he spoke in support OF the ac-
uuittaI OF his client. He paid his RESPECTS
TO John W. Gates and the five eminent al
torneys employed &c prosecute Jester. He
emphasized the danger Of conviction on
circuHstantial evidence and recited cele-
brated instance OF man convicted on this
kind of evidence and hung for the murder
of his father.
Bear in mind he said. that the boys
wagon bed had sideboards and was deep.
remember the canvas cover, tightly drawn.
and the spring seat in front. and consider
the possibility OF seeing a body therein.
even IL one was there. Why did not the
defendant. If be IS 50 cunning. take the pre-
caution to see that W. W. Riley and W. g.
Kelly and The Brown girls were not In
sight?
Consider the testimony Of the States
witness. W. r Dawson. who talked with
Jester and saw no evidence OF crime not
even blood in the lane. What weight is
The testimony Of the Brown girls entitled
100 Why has the prosecution dropped viii
Maxey, the negro. and Joe Livesay OF CO.
lumbia. Mo- but because they are dishon-
est witnesses and inture the case? Does II
follow that this blood il human blood The
State asks you to draw at least four in
terences from that blood befor. the gull;
of the defendant is established. Since the
last trial the Brown girls have changed
their testimony on a most material point
They now locate the body in the rear
wagon. They create the hole through
which W. g. Maxey saw the body. MaXey
left his toll and searched with A. A. Gates
for the body of the boy. but did not fit
10 reveal to him a most important piece Of
evidence. nor did he disclose for fifteen
years the vital facts he knew.
Shrewsbury Assaulted.
Il think [ am almost insulting the INTEL
IiSence of this jury when 1 even refer To 7
the testimony of William W. Shrewsbury.
Thirteen witnesses from Jasper came to
impeach Shrewsbury. while the proSecu- 3
ton. with all its money. was able to secure .
only three men who will say his reputation
is good. Why did they not support Shrevs-
bury's reputation with Witnesses from Car
thage or Jasper City? Jester went West
in 1866 via Iowa. Is that significant of
guilt?
Ills property, owned then. justifies the
claim made that he had $3.50 four years
later There is no evidence of concealed
identity from Hulen's lane to Rich
mond Ind, and back TO Wichita. There
no effort TO get rid Of the
worthless trifies found in his posses.
sion. though they might have been !
easily destroyed. The most important per
son IN this case il not the old rheumatic
defendant. bearing the weight of 81
years. sitting beside his loving children,
but The important part played in this
msrkabls drama is played by j. g. Hauf-
man, the Pinkerton detective. The Shiny
touch of detectives is all through the gil
gantiC preparation of This case. There is
no compromise in this case. 1t is murder
or innocence. death OF acquittal Give him
the privilege of dying outside of prison
cell. Tell him iy yOur accuittal go and