The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-11
TRYING TO SAVE KEITH
HIS ATTORNEYS FILE A BRIEF IN
THE SUPREME COURT.
1t Is Claimed That the Lower Court
Erred in Several Particulars
State VIII Reply.

Interest in the fate OF Joseph d. Keith
was revived yesterday by the filing in the
Supreme Court of a brief for the con-
demned man by his attorneys. Charles w.
Armstrong. Francis B. Posey and De Witt
@. Chapel. The case was appealed from
Gibson county. Keith's attorneys allege
that Jurors Amber BURY, Josiah Phar
and Martin Myer took oath that they had
not expressed an opinion as TO the pris-
oner's guilt or innocence prior to their
summons to become members of the jury.
when in fact they had expressed such an
opinion.
The brief says the Gibson Circuit Court
erred in permitting the State to introduce
an alleged confession of Joseph d.. Keith
in writing. 1t is also SAID that error was
by the lower court in allowing
Estella Hoetzel to read from her tran
scribed notes the testimony of certain
witnesses before the grand jury.
Another alleged error was permitting
Fred w. Korte TO testify that certain let
tiers were in Keith's handwriting without
having the letters in his hands. Keith's
attorneys think the lower court erred in
permitting Zachariah kiefer, Caleb Hedges
and Hezekiah Greer to testify that a body
lnCS saw Ia q NA4CNSA was
Nora Kifer, the murdered girl. when the
testimony of the State was that the body
was SO mutilated as TO be unrecognlzaple
1t is said that error was committed In
permitting Theodore Beiling to testify that
Appellant Keith and Nora kifer occupied
the same room one night in December, 1898,
and that they were registered as j. smith
and wife, Princeton, Ind.
Another alleged error was permitting
Frank G. Gore to testify that he collected
sos from Keith for Louis ID. Moreiock
threatened suit tor having taken Nora
kifer to Morelock's house.
Keith's attorneys alleged the lower
court ought not 10 have allowed the In
PRODUCTION in evidence of a certain stone,
a rope with loop, two slippers, a corset
and string. a rug, punches OF hair and
sicI ,aay were sre nst wafst; 9esau Identified thsss 1t
was also said to be error TO permit Uni
Hanon to testify that on the LIST day or
May. 1900, after the disappearance of Nora
Kifer he Hanon) heard a woman's voice
near the spot where she was last seen,
begging some one not TO Kill her and that
blows on some living body-although APP
pellant Keith offered TO prove that this
was when he (Keith) was five miles away.
Keith's attorneys object also TO the ex-
clusion of the evidence of Rebecca Wool
ridge and William Clark, that between
March 81 and April 5, 1900 Qt having been
appeared April 3, 1900, Clark was in the
neighborhood where Nora klfer dlsap-
peared, looking for the girl ana making
threats against her.
The attorney general declined TO express
any opinion as to the strength of the brief
filed for Keith. Mr.. Taylor simply said
that the preparation of the States brief
would begin at once. Keith was to have
been Executed last May, but the court
granted MIN a stay of execution until some
time after the opening of the October
term of the Supreme Court. in order TO
allow sufficient time in which TO prepare
and file briefs on both sides and have an
oral argument of the case.