The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-11

argument of two hours duration During
his discussion of the case, MT. Seyfried
made some uncomplimentary remarks
about DR.. Albert E. Sterne, one of the ex-
perts employed by the State In addition
TO his criticism of Sterne. Seyfried had
few remarks to make about Jacob Kurtz,
taller. whom he called big burly BULL
and criticised him for his testimony during
the trial.
Seyfried said in his argument that the
events leading up to the murder and the
causes of Copenhaver's insanity were
enough to make a sane man desperate. not
alone a man weak mentally and in fact in
sane. Seyfred said that most any man
would abuse woman who had treated him
as Copenhaver's wife was known to do
That he cursed her on more than one oc-
casion might be true, and he (Seyfried)
thought that he may have been provoked
into doing it often. Seyfried said that he
might act that way toward his wife If she
would act toward him Copenhaver's wife
did with her husband, who. he said was
good provider for her and always attentive
to family necessities.
Prosecutor Ruckeshaus in closing the
case for the state told of the atrocious
crime and of its effect on the morals of
the community. He said that murder. and
more especially wife murder. is becoming
so common in this community that IL some
thing is not done TO stop IL the condition
will be so deplorabe that the law will be
ignored and the frequency of the crimes ap-
palling. He advised the jury to return
verdict based on their conscientious belief
in the sanity of the prisoner, and that IL he
was sane in their opinion, to inflict the
death penalty and stop the wife murders
society
He said that the crime with which
than ordinary brutality. He not only
killed woman but wife, and wife
who had been true to him. She had suf-
fered the pains OF childbirth for him and
showed her affection during their married
life previous to the separation, he said.
That he mistreated her and ofteptimes
cruelty deceived her was a matter of testi-
mony and should be considered as an evil
dence of his utter depravity. In speaking
of the insanity plea, Prosecutor Ruckels-
haus carefully reviewed the expert testi-
disinterested persons the State had brought
witnesses in the case, and said that
feisning of isanity was common in Grimm
al procedure. He cited the cases of the
Mayor Harrison of Chicago, and brought
local murderers into the argument by
illusions to the Azman and Guetig cases.
Prosecutor Ruckelshaus's final appeal to
the jury TO render a verdict in conformity
with their honest opinion as to the sanity
of Copenhaver preceded lengthy instruc-
tions from Judge Afford.
The Instructions consisted of the law in
the case and in explaining to the jury the
manner of awarding punishment In the
event of conviction. He told them they
should award sentence of death or life i'm
prisonfnent in of finding Copenhaver
guilty Of murder in the first degree, life
Imprisonment in case of murder in the sec
ond degree and from two to twenty-one
years for manslaughter. He cautioned the
jury to consider the case on their best
Judgment and to make such finding as
agreed with their conscientious opinion of
the sanity Of the defendant
OPINIONS OF THE VERDICT
Prosecutor Ruckelshaus said of the ver-
dict: THE awarding of death sentence
in this case as the result of the efforts of
Charles Benedict, my assistant. and myself
is gratifying to us. We think that this SEN
tence. the first of the kind in number of
years, will be beneficial to the community
and may in measure prevent the commits
sion Of any more wife murders. We de-
voted much time to this case and our ef-
forts to convince the jury of Copenhaver's
sanity were based our honest convic-
tions OF il.
Chief Counsel Henry Seyfried, of Copen-
haver's defense said after the verdict had
been received that he would file motion
for new trial and would make use of the
numerous exceptions taken during the
progress of the trial He said that he and
his assistants had worked hard for Copen-
haver and he believed the jury should have
acquitted him. If the motion for new
trial Is overruled the case will be appealed
to the Supreme Court. and Mr.. Seyfried is
confident that the decision of the jury will
be thrown aside and new trial ordered.
The crime for which Copenhaver was
convicted and the sentence of death passed
on him was that of killing his wife, Ellen,
Davidson street. at 1880 o'clock on the
morning OF Sept. 8. Because Of his insane
jealousy of one David Devine. a fellow
boarder at the Davidson.street home and
other domestic troubles. Copennaver
called her to the front Of the house OH
the day of the murder and without warn
ing or even exhibiting, any signs of his
murderous intention, drew a "A caliber
bulldog" revolver from his pocket and
shot at her four times, three of the bullets
taking effect in her breast and abdomen
and causing her death at the City Hos
pital, where she taken in the am
bulance half hour later.
COpenhaver, after the commission of the
crime. walked to the corner of Michigan
and Davidson streets and caused the po-
lice to be notified of the shooting and after
the arrival of Bicycle Patrolmen Trimpe
and Lowe surrendered himself to them.
Since the murder Copenhaver has re-
Trained from discussing the crime with any
persons other than his counsel Henry
Seyfried, Charles McGroarty and Henry
permitted him to hold conversation with.
With the medical experts employed to ex-
anime him as to his sanity. he freely dis
cusSed the murder and said he was glad
that he had killed his wife and that he
would do it again. Apparently he gloried
In it's commission.
When arraigned in the Criminal Court
room last Monday he pleaded guilty to the
charge. but his attorneys entered a special
plea for insanity. and the trial has been
almost entirely on this contention. The
fact of the murder was proved to the jury
and the rest of the evidence, both in ex-
animation in chief and cross-examinati ton,
was relative to the insanity of the accused
man. Experts were employed by the op-
posing sides and the prosecution exerted
every effort to prove that Copenhaver was
feigning insanity and that the display of
stupidity In the courtroom was done to
work the jury.