The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-10
TWOMOREEXPERTSHEARD
DRs. A. f. sTERNE AND RIVER SAY
COPENHAvER Is SANE.
Hearing of Evidence Concluded and
the Argument Begun-Jury Gets
the Case To-Day.

trial in the Criminal Court was concluded
yesterday afternoon at o'clock and argu-
ment by the attorneys was begun. Both
sides agreed to a time limit of three hours
and a half for argument, and the judge
will then give his instructions TO the jury.
II Is expected the case will go to the jury
by o'clock this afternoon.
All of the evidence introduced yesterday
was by the State and in rebuttal to the
insanity testimony adduced by the defense
Wednesday. The State placed on the wit
ness stand two experts, DR.. Albert Z.
Sterne and DIR. Ryer. both of whom gave
it as their opinion, after listening to the
hypothetical questions of Prosecutor Ruck-
elshaus, that Copenhaver is sane.
The questions asked of the two experts
employed by the State were precisely the
same as asked Of Drs. Tomlin and Lash
by the defense in the evidence submitted
Wednesday, in which those two physicians
gave II as their professional opinion that
the accused murderer was insane at the
time Of the commission OF the crime. In
DR.. Sterne's testimony he said that from
the actions of the accused man, from his
appearance and the manner in which he
has conducted himself since his crime and
from what he had learned Of his DISPOSE
ton and temperament prior to the murder.
he believed him sane. He admitted that
Copenhavers ancestors may have left to
him good foundation for insanity and
that insanity is probably in him, as Copen-
haven Is known as a man who often drank
to excess, but he could not see that Copen-
haver exhibited any outward signs of men
tai weakness.
All efforts Of the attorneys for the prose-
cution to get the opinions of Drs. Sterne
and Ryer as to whether 1t Is possible for
man to feign insanity so as to deceive ex-
pert brain specialists were blocked by the
attorneys for the defense, who interposed
objections whenever the States attorneys
tried TO bring these facts out In testimony.
PICKING FLAW.
One of the flaws picked in the defense
by Prosecutor Ruckelshaus and Deputy
Prosecutor Benedict was the evidence of
the defense that the prisoner is suffering
from the brain disease, paronoia, as evil
denced in his willingness to talk of his
crime and the apparent glory he takes in
its commission, as testified TO by the ex-
perts employed by the defense. The at
torneys for the State brought out that CO.
penhaver has refrained from conversation
about the murder with anyone for the
thirty days preceding his trial and that
he talked rapidly to the experts in the pres
ence of his attorneys. The prosecution
was not permitted to introduce this in tes-
timony, ii being ruled out by Judge Afford.
r. G. Field. an employe of the Paragon
Oil Company; John Furniss, proprietor of a
saloon keeper at Michigan and Davidson
streets; Verl Miller, Art Campbell, John
Grossman, of the Daniel Stewart Drug
Company; John Rail and James James. of
the Indianapolis Water Company, and sew
eral other citizens of the city and county,
who were associated with Copenhaver, all
testified, as witnesses for the State, that
they had never seen anything about CO.
penhaver to indicate insanity. Most of the
witnesses said that he was of very pc
culiar temperament, would often get in
toxicated, was unruly and Quarrelsome at
times, but never what they would call
insane. Some of the witnesses who had
been overseers of Copenhavers work said
that he was good workman and they
never hesitated to intrust him with his
work They testified that insanity was not
thought Of in connection with Copenhaver
S Sis this line of defense was planned by
testified that he has exhibited no signs of
insanity during his confinement in the Jail.
Deputy Prosecutor Charles Benedict. in
his opening argument for the State, related
the details OF the crime. When he began
his argument crowd of more than 500
persons was present. The prisoner, behind
his attorneys and looking pale and uncon-
cerned, was as great an object of interest
as the parents of the murdered woman,
who were seated with the attorneys for the
PiOocCutiOH. MIS-. reIsdSOu was IN the
courtroom wearing a black veil and fire.
quently crying and sobbing aloud.
SERIOUSNESS OF CRIME.
Benedict dwelt on the seriousness of the
crime and spoke of the cold-blooded heart
lessness in which 1t was committed. He
told Of the causes of Copenhaver's cruelty
and stated that neighbors of the family,
when they lived on Torbett street, had
testified that before he separated from his
wife, Copenhaver treated her badly and
frequently his abuse of her could be heard
all over the neighborhood. He described the
crime and how Copenhaver, with the blood
of his wife fresh on his hands, had been
the least concerned of any of the crowd
which gathered at the corner to see him
the trial. his apparent lack of interest in
the proceedings and his guarded manner
in his conduct during the trial, Mr.. Bene-
dict said rather pointed to lack of in
sanity than to insanity. Speaking of the
testimony Of the experts, he said that their
opinions were of equal value and that the
introduction of this testimony showed a
difference in professional opinions only.
Mr.. Benedict closed his argument with an
case and TO award such punishment as
may be in accord with their judgment and
advised them to be not influenced by any
theatrical attempt of the defense to i'm
press on their minds the insanity Of Copen-
haver.
Attorneys Seyfried, McGroarty and
Marshall will argue in defense of
Copenhaver to-day and the closing
argument will be made by Prose.
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