The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-10-19
AFTER BLOOD MONEY.
INCLUDED FROM FIRST PAGE)


terday was an exact copy of the one gave
Colonel Nelson, and IL has not been
changed or altered one particle since that
| time.
Several witnesses for the prosecution be-
ing absent. court recessed until afternoon.
only one appeared. He testified that he
made a thorough test this week, and found
that man running down the stone steps
10 the basement of the executive building
could be heard in the barber shop. The
defense put on two witnesses who said
they had tried ii and could not hear a man
running down the steps This closed the
testimony for both sides, and about
o'clock the judge read the instructions TO
follows:
IF the jury believes that defendant shot
Goebel or aided or abetted Jim Howard,
Berry Howard, Dick Combs or any one of
them In the shooting, then he is guilty of
murder.
THAT the testimony of acconplices alone
must not be relied upon to convict.
The jury must believe the defendant
| guilty beyond a reasonable doubt before
they ought to convict.
The jury has the right TO disregard the
| testimony of any witness who they believe
willtully or maliciously testified falsely
John NJ, Stevenson opened the argument
Tor the defense. He said the testimony in
the case did not show even circumstantial
| evidence sufficient TO convict, but the most
that could be said was that some suspicious
| circumstances existed as TO Youtsey He
said he believed the jury thought John
| Ricketts, was self-confessed liar and per-
Jurer, and that was the only way TO de-
scribe. him; that Ricketts's improbable
story had been contradicted, impeached and
set at naught. He said the same thing
about Culton and Golden, and charged them
with accepting money to swear away the
| lives OF their fellow-men. In concluding
| he referred to Arthur Goebefs testimony
| as being false, but said, admitting ii was
| true. then Youtsey had lied. for Berry
Howard and Combs were proved to be else
| where than Youtsey said, and that Youtsey
| was not being tried for lying.
THE NIGHT SESSION.
The first speech tonight was by Victor
| j. Bradley for the prosecution. He said
if the defense had been deprived of Yout-
sey's advice and actual presence in this
| case 1t was nobody's fault but his own, as
he could not stand the strain when the
| evidence of his guilt began TO pile up
| Referring to Attorney Stevenson's state
ments that Ricketts, was a perjurer Brad
| ley said: 1T is an awful thing to call a
nan perjurer when not a scintilla of evil
Gence was produced to back up the state
| ment Stevenson said Wharton Golden
and Culton were bought and bribed. Who
bought them? The fact is the only argu-
ment the defense has is TO denounce the
witnesses for the commonwealth as liars
| and bribe-takers. Do you think Arthur
Goebei wants TO convict an innocent man?'
| He closed by asking why the defense had
| not brought witnesses to impeach these
men.
| Judge James Askew next spoke for the
defense. He said Ricketts, was brought into
| the case to testify in support of the noun
4 tain view of the crime; that is to unload
| the whole thing on poor Youtsey to save
the guilty mountaineers. YOutsey was to
| be the innocent scapegoat of the real
| assassins. He said the commonwealth had
| presented no testimony at all that Youtsey
| fred the shot himself or that either Jim
| Howard, Perry Howard. Dick Combs or
| Harland Whitaker fired the shot, therefore
| the defendant could not be found guilty
| either of firing the shot or aiding or abet-
| ting the men named. and that ii would not
| be fair to let six jurymen who believed
| he fired the shot vote for guilty and the
| ether six who believe he aided somebody
| else to fire the shot vote for guilty and
| then bring in a verdict of guilty. He
| said that but for the conditions in Ken
| lucky now Youtsey would be acquitted in
a moment on the testimony produced.
| Colonel Campbell, who succeeded Judge
| Askew, after the close of the exciting in
/ cident detailed above, devoted much time
| corroborated by the very manner in which
| the shooting was done, for Fulton and
| Houtsey told him of the plan to fire from
| Powers's office; cOrroborated by Youtsey
| running through the basement right after
| the shooting; corroborated by Frank John
| son, who said Youtsey declined to tell him
| where he was when the shot was fired;
| corroborated by Mckenzie Todd, who saw
| Youtsey looking out of the window of
| Powers's Office Jan. q, with the curtain
| pulled down and window raised. as it was
| Jan. so, when the shots were fired.
He concluded at 11:l5 and court ad-
| journed.