The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-05

ARGUMENT BY DUNCAN.
CONCLUDED FROM FIRST PAGE)
only in the most general way; the authori-
ties he left to his partner, Mr.. Smith; for
himself he reserved the apparently pleas
ing task of scoring Logsdon and some 9TH
ers who figured appeared but slightly
yelled.
SMITH ON THE LAW.
When the court convened at o'clock
Mr.. Smith had not finished his argument
begun the day before, when Mr.. Spaan
ended his effort. The conclusion of Mr..
Smiths argument dealt entirely with
statutory construction. In effect his points
were that Mr.. Logsdon could not possibly
have been held guilty of committing
crime against the laws of the State, since
the act he was asked to perform was
tirely out of his Jurisdiction as a member
of the Board of Public Works; and that
therefore, Detective Stahl having melted
to no crime, could not be held guilty of
one; that the high and honorable motives
of the men that employed Stahl suffi-
cient defense under numerous decisions of
the high courts. The point constantly en-
phasized by Mr.. Smith is that where there
is criminal intent there cannot posi-
bly, be crime. Making the application di-
rect, he sought to show by the statements
of the prosecution that there was and is
no question of criminal intent in the acts
of the defendant and those connected with
him. therefore. neither the defendant nor
those connected with him can possibly be
adjudged as having violated statute.
81 quite agree with my friend Mr.. Noel
that five minutes are hardly necessary TO
construe the statute bearing on this case"
he said.
You have been at it for two hours now
put in Span.
mot at ALL" answered Smith, II have
been reading and commenting on the de-
ciSiOnS
Nettled at the interruption of Spaan
who never neglects an opportunity TO gibe,
teries directly across the room. There are
some lawyers In this city who have not
become eminent through defending gam
blers, cut-throats and saloon keepers for
fifteen years, but who yet have a good
knowledge Of statutory construction.
QUESTION OF JURISDICTION.
Proceeding with his argument. Mr.. Smith
declared that courts have recognized the
principle that to be guilty of accepting a
bride a man must have 1t in his power to
accomplish the act for which money or ar
ticle of value is accepted. In other words.
the act contemplated must lie within the
range of his duties as an officer. Logsdon
could not have been found guilty of accept
ing a bride, Of accepting money for pro-
tecting crime, because he Is not member
of the Board of Public Safety, but of the
Board of Works. Such matters as the pro-
lection of gambling could not possibly
come before him. On the same theory one
offering money TO an official already I'M
able to carry out his part Of the contract
is guitless under the law Of Offering a
bribe. There is such thing bribing
an officer to do thing not coming within
the jurisdiction of his duties. he said.
II call the attention of your Honor to the
significant fact that the same class of peo-
pie who are crying out against Noel are
crying out against Mr.. Folk in ST. Louis.
We all know what class of people these are.
But have yet to find any court that has
condemned good men for organized effort
against vice. This court will not be the first
to do 50, 1 am sure"
Mr. Duncan began at once. 1.-THE ques-
ton at issue here is, did these men con-
spre to bride Logsdon? If they did not,
Stahl should be discharged. We contend
they are justified in trying to find out
| what city officials concerned in fur
nishing protection to gamblers"
| With great impressiveness Mr.. Duncan
read a transcript of a colloquy between
I Span and Stahl over the question Of mo-
| tives. In this Mr.. Span agreed. according
| to the report, that courts should acquis
| when honest motives are shown by the de-
| Tense. Mr.. Duncan Immediately followed
| up this shot by explaining in detail the
| motives of DR.. Hunt, Hilton L. Brown
| James W. Noel and the others concerned,
| from the standpoint of the defense.
MOTIVES OF REFORMERS.
Their motives were most excellent" he
said, "as all honest men will agree. That