The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-03
DEFENSE RESTS ITS CASE
Attorneys Refuse to Introduce Witnesses After the
Demand for Dismissal Is 0verruIed

When Edwin d. Logsdon finished his tale
of how the hunted became the hunter.
when Councilman Shea gave his version OF
the star chamber session held by the in
vestigating committee TO ascertain what
part James w. Noel took in the hunt.
testimony in the trial of Arthur Stahl for
bribery ended with a jar.
For an hour and half. with dogged per-
sistence, Logsdon told his story, varying
hardly so much as a hairs breadth from
the statements already made by witnesses
for the prosecution. Plainly, without en-
bellishment, he told how Stahl had called
him up by phone with the complaint that
he could not get his machines placed
machines that Logsdon understood to he
road machines at the time-how, not un-
derstanding the mans purpose. he told
him to come TO see him; how Stahl spoke
then of slot machines, of 150 his company
wanted protected; how he suspected
snare and Immediately baited a trap of
his own with strong-smelling promises
how he led Stahl artfully on; how the de-
tective scented the bait and rushed head
long into the trap. and how he suddenly
pulled the string and gave the detective
to the law.
SHEA RUFUTES WYNNE.
Ruthlessly cross-examined by John S.
Duncan, Logsdon told his story once more.
Then Councilman Shea was called, and, to
the astonishment of everybody who had
listened to the testimony of Thomas A.
Wynne and Fred Expert, declared he had
not heard Attorney Noel say to the COM
mittee that he believed Logsdon an honest
man. The excitement created by Shea's
unlooked-for answer had barely subsided
when the most dramatic incident of the
trial reused it again.
Charles w. Smith, with John s. Duncan,
representing Detective Stahl, who had been
seen much but heard little during the ses-
sions, suddenly took the initiative. He
arose with great deliberation, planted him.
self squarely in front of Judge Whallon
| and moved that the defendant be dis
| charged.
II move, your honor, that the defendant
| be discharged he said. THE State has
| failed utterly to make its case and by the
| evidence of its own witnesses has estab-
| lished the innocence of the defendant. 1
make the motion, your honor, with the re-
quest that the counr for the defendant
| be heard in argument on the notion
| Henry Spaan, for the prosecution, was on
his feet before Mr.. Smith had got the last
| word out of his mouth II object" he
said. "Mr. Smith is attempting something
| entirely without precedent; something un-
known to criminal procedure. He knows
| he has no right to argue as to the merits
| of the case until the defense has rested it's
case. AS a matter Of fact, your honor,
| the defense realizes 1t has case; that it
| has no witnesses to call to its support. i
deny the right of the defense to make argu-
| ment on this motion to discharge the de-
! fendant."
DEFENSE SPRINGS SURPRISE.
IF the court please" said Smith, "our
right to be heard the motion to dis
| charge the defendant is unquestioned. 1t is
| common practice before courts of equal
| dignity with your honor. 1 have myself
argued many times on similar motions" ="
THAT is not so.' declared Spaan, fatty.
| Mr.. Smith cannot produce any authority
| which justfies his statements"
IT renew my notion" said Smith, land
the demand that we be heard In argument
on that motion. Otherwise the defense will
refuse to call any witnesses"
"And / renew my objection" replied
Spaan. 1.-The counsel for the defense is at
|
with threat to the court"
| Judge Whallon took several minutes in
considering the demand Of the defense.
| 'This is but q preliminary hearing" he
said at length. This court is not a court
of final jurisdiction. will rule that the de-
fense has the right to move the discharge
| of the defendant, but will refuse the right
to argue on the motion"
broke in Attorney Duncan. I'VE are en-
titled to be heard and the court should give
| us that right"
COURT REFUSES ARGUMENT.
Smith again renewed his demand and
was again met by the objection of Spaan
'T have answered Mr.. Smith and Mr.. Dun
can." said Judge Whallon. They may SUBJ
NIT their motion, but cannot allow them
the right to argue that motion at this time -
A running fire of repartee followed be-
tween Smith and Duncan on the one side
and Spaan on the other. The court turned
to the counsel for Stahl and said: at don't
/ know whether you fully understand my
position not. We have from two to three
hundred cases IN this court every week
many thousands a year. 1t has been the
rule OF my predecessors on this bench tc
allow argument only with the completion OF
all testimony. shall not depart from this
rule"
The attorneys for Stahl took their de-
feat with bad grace. They adhered TO their
declaration that they would introduce nc
witnesses for the defense. They were ready
to argue on the merits of the case and sug.
gested that a night session be held. Mr
Spaan objected for the reason that he die
not like to have his hours Of rest broker
into. The court set o'clock to-day for the
resumption of the trial. and final argu-
ment will begin at that time. Mr.. Spanr
will open for the prosecution. He will be-
followed by Mr.. Smith and Mr.. Duncan
for the defense. and then Mr.. Span will
close for the prosecution. 1t is hardly prob
able the case will be closed with the end
of the session this afternoon, IL the attor.
neys go into the evidence as thoroughly
as ii is thought they will. The argumen,
may possibly occupy the whole OF two aft.
ernoons.
ATTITUDE OF DEFENSE.
The unexpected attitude taken by the
defense furnished food for conjecture
Spaan declares the defense realized lis
weakness and staked all on one throw oi
/ rT~,.o