The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-04
SMITH PRAISES MOTIVES
REFORMERS SHOULD BE COMMEND.
ED, NOT CRITICISED, HE SAYS.
Case of the State and the Defense
Presented in DetaiI-Argu.
ment To-Day.

tectfNe, WHO sought 10 enSndre EuWln -.
Logsdon and was himself laid by the heel.
is rapidly drawing to its close in the Police
Court before Judge Whallon. The wit
nesses-the small players-in this modern
municipal melodrama have spoken their
parts, received their need Of applause or
Kisses. and have bowed themselves away
from the glare of the footights. The audi
ence Is all eyes and ears for the last scene
OF the play-the stirring. splendid duel be-
tween the champion of the hero and the
defender of the VILLAIN"
With buttons off and rapiers ground to
razor edge, Henry N. Spaan and Charles w.
Smith. the one for Logsdon. the other for
the detective. are fighting a mental battle
In which every cut, slash. parry. guard.
lunge and recovery is counted an irremedi-
able loss II allowed to pass unmarked by
the spectators. Both legal gladiators of
herculean stature, both finely trained In all
the subtle arts OF the duello OF argument
both animated by the same intensity of
struggle that pales the brow and fushes
the cheek Of the men whose honor depends
on the outcome neither asking quarter nor
giving any. their breathiess struggle is i.-s
deed the remarkable climax Of a remark
able contest.
With Henry N. Spaan fercely maintain
Ing the guilt of the detective, his violation
Of that statute which puts a penalty on
the bribery or attempted bribery Of a pub
lie officer; with Charles w. Smith thunder
Ing the innocence of the reformers' unlucky
agent and denying that his acts can be con-
strued as a violation of law in any sense,
the afternoon was spent yesterday In argu-
ment.
A CROWDED COURTROOM.
A crowded courtroom hung with delight
on Spans eloquence as his vitriolic tongue
curled itself around words Of bitter de-
nunciation. scathing satire and grim hu-
NOR. and followed with painful intensity
Smiths powerful. logical. clear-headed pre-
sentation Of the high-minded motives Of the
reformers, the guiltlessness under the law
Of the detective and the completely OF Logs
don. Spaan struck and cared not where his
blows fell. With equal relentlessness Smith
preached a sermon on things as they are.
Covering. as 1t necessarily had to do, so
much ground, the argument is long drawn
out Mr.. Spaan began to talk at o'clock.
1t was $3.50 before he completed his prelim-
mary statement of the position of the State.
Mr.. Smith commenced his argument about
3:35 and spoke without cessation until 5.
presentation Of the case OF the defense The
argument will be resumed this afternoon at
O'Clock. when Mr.. Smith will complete
his argument. Mr.. Duncan, also for the de-
fense, may follow him, and then Mr. Spaan
will close the final argument. Judge whal-
Ion will take the case under consideration
and 1t may be several days before StahPs
fate is known-whether he will be bound
over to the grand jury or set at liberty.
Briefly stated. the argument OF Mr.. Spaan
yesterday was that the State has fully made
its case against the defendant, and that
Detective stahl is guilty of attempting to
bribe a public official under Section aOo9 Of
the Revised Statutes. 1t does not matter
how this statute be construed. there is no
getting away from the fact that Stahrs act
falls within the meaning OF the law Mr.
Spaan held. The motives of the men that
instigated Stahl to incite Logsdon to crime
are no defense either for the detective or
for those that stood behind him, ne de-
clared. Since no evidence OF any kind had
been obtained-and Mr. Spaan emphasized
the word "evidence"-the course followed
by Stahl and by the three men who, accord
ing TO testimony. employed him cannot,
he maintained be justified by any construc-
uon o. the Statute Dy any court.
Mr.. SMITHS CONTENTION.
Concisely summarized. the argument of
Mr.. Smith was that the State has wholly
failed TO make a case against Stahl. The
defendant. in proceeding against Logsdon,
violated no statute or no moral law. since
the courts have spoken with no uncertain
voice on the former, and since the motives
OF the detective and those who acted with
him determine the latter. declared Mr..
Smith. II is justifiable for a single citizen
or for a number of citizens who have re-
ceived or have reason to suppose that crime
has been committed. or that corrupt prac-
tices by public officials are being carried
on. that the administration is not what
IL ought to be. 10 rightfully institute an in
vestigation TO find out the truth and locate
the responsible persons. he maintained II
they believe they have grounds for suspi-
cion IL Is perfectly open TO them to employ
Detectives and To do everything which was
done In this case. he affirmed 10 the court.
On the doctrine OF the Banks case and on
the grounds OF numerous decisions bv the
United States courts tn postal cases the
acts OF the defendants are not punishable.
he argued.
Mr. spaan opened his argument charac-
teristscally. Master OF invective, a genius az
sarcasm. keen student OF human nature.
he held the men charged with conspiracy
under thumb and finger while ne held vivi-
sectional clinic. Relentless In his illusions