The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-10
SPANS OPENING STATEMENT
HE Is ALLOWED CONSIDERABLE
LATITUDE BY THE COURT.
Objections offered by Attorneys for
the State OverruIed-Detafls
of the Trial.

fore adjournment yesterday afternoon
Henry n. Span. attorney for the defense,
announced TO special Judge Bailey that
after two or three more character witnesses
had been sworn and the defendant per-
mitted TO take the stand in his own behalf
the defense would be ready to rest its case
and prepare for argument. This testimony
will probably take until 10 o'clock or a little
later, and the testimony of the State in
rebuttal of the new facts introduced by
the defense will occupy less than an hour
in introduction to the jury
After this the argument of counsel for
the opposing sides will be commenced.
John c. Ruckelshaus, Charles Benedict'and
William II. Brown, for the State, will ar
que. and Martin Hugg and Henry n. Spaan
will speak for the defense of the accused
physician. John Spahr. attorney for Alex
ander will probably be utilized by the de-
Tense in the preparation of legal specifi-
cations corroborative of the points of law
advanced in the arguments of his asso-
ciate counsel.
Yesterday was an eventful day in the
trial The defense of Alexander was pre-
scented in the testimony of three medical
experts called to testify as to the sanity
Cantrell. and numerous business and social
associates of DIR. Alexander as to his bust
ness integrity and personal worth
SAY CANTRELL is INSANE.
The testimony of the specialists on brain
diseases was especially damaging to the
case of the State. The three physicians.
Drs. Fletcher. Reyer and White. declared
Rufus Cantrell a man of unsound mind,
and although cross-examined closely did
not help the case of the State.
The charge that the chief witness of the
State is insane is perplexing to the attor-
neys for the prosecution. An attorney
was heard to say yesterday that If the
case was submitted to the jury at the end
of yesterday afternoons session the acauit-
tai of Alexander was assured, and he looked
for future Developments TO cause no more
change in the minds of the jurors than to
furnish the probability Of the jury dis
agreeing. The testimony of the State was
said by the attorney TO have been strong
in fact and exceptionally weak in quality.
The individuals presenting the testimony
were of such evil reputation, he said, as
to be absolutely valuelesS for conviction.
Spaan made the opening statement during
| the morning session and at the beginning
of the afternoon session the testimony in
defense of Alexander was submitted to the
| jury.
The first witness called in defense OF
| Alexander was a medical expert, DIR. w
| 3. Fletcher, a specialist nervous and
brain diseases. Attorney Span, with a
| hypothetical question covering the testi-
mony as to the sanity of Rufus Cantrel
by the records of the War Department
asked IL insanity evidenced four years age
| by medical examination would not still re-
| fleet on the credibility of the witness. The
| answer was not given pending the argu.
! ment of attorneys over the objection OF
| William T. Brown. attorney for the pros.
| ecution.
| Mr. Brown contended that the sanity OF
/ a witness is for the presiding Judge at 9
| trial to determine and not for the jury
| He cited opinions of other judges in pre-
| vious cases TO show that if the testimony
/ OF Cantrell was incompetent it should have
| been objected to at the time OF delivery
Martin Hugg, for the defense, declared
that the court had admitted the certificat,
of the War Department showing that Can
| trell had been discharged from the army
for epilepsy followed by confessional anC
suicidal insanity" He said the precedent:
quoted by Mr.. Brown only bore out tn
contention of the defense that the jury il
| the judge OF the mental condition ant
character of the witness. He said tn
jury should be assisted to a conclusion b,
the information of men who know from
! their education whether the man is insane
Mr.. Spaan also argued against the objec
ton, and Mr.. Brown closed the inciden
by arguing in its defense He claimed tina
prove Cantrell insane was the introduction
OF collateral issue TO the case.
OBJECTION OvERRULED.
The judge, in ruling on the question, sai'
that the question of the sanity of the wit
ness clearly within the jurisdiction
Of the judge. He said that no objection
to the witness was made by the defense
and therefore his testimony was permitte
to go to the jury. He said it was ais
true that the defense could introduce testi
mony to bring out the mental condition
of the witness, as well as evidence calcu
lated to affect his credibility. Judge Bale
declared that the question raised was per
picking in that il questioned how far tn
defense might go with such testimony TIL
judge overruled the objection and per
mitted the State TO take an exception {
the ruling.
Henry Spaan then read complcate
hypothetical question relating to Cantrell'
history from the age of fifteen years
September. 1903. when he was confined /
jail. CantrcIis experiences as itineran
preacher and also as the leader of praye
i'm the Marion county jail were narrated
He recited the facts of Cantrelfs discharg
from the army. He said that six year
ago. when Cantrell was seventeen year
| old, he became a graverobber. and sine
that time had preached and prayed an
robbed graves alternately. He varied hi
employment by embezzling from one of hi
religious charges. the Mt. Zion Baptis
Church. Spaan said He said that Cantre
has drank intoxicants for several years
and has no sense OF shame or regret fC
his deeds. but Is rather proud of his erin
| inaiity. He said Cantrell had deserted hi
wife and child, and In open court had aC
| mitted his love for a woman not his wifi
| Cantrell's arrests and convictions were aC
mitted by him in court. Span said thu
Cantrel took pride in his immortality. III
has detailed his crimes with delight
newspaper reporters. He caused AlexanC
er's arrest. and through the public pres
denounced Alexander his accomplice,
said Mr.. Span. The attorney quoted III
letter written by Rufus Cantrell TO the In
truth of many statements accredited
would not assist the State in the prosec,
: alleged communication to DIR. Alexande
through DR.. Anderson, OF the same pu
port was gone over.
The opinions formed OF CantreII fro
his actions while I'm Jail and court WEI
gone over and the question asked: -
| this man sane or insane?
He is insane beyond doubt" replied II
doctor.
On cross-examination DR.. Fletcher r.
piled that he now held an honorary Dos
) ton i'm the Indiana Medical College an
eight years ago was connected with II
Central College of Physicians and Su
: geons.
do you regard grave robbing as a he'll
Gus crime?" asked w. T. Brown in eros
. / examination.
: II do; IL is violation of the law" r
| piled the witness.
Dr. Fletcher said he had never know
/ Rufus Canfrell. He said that person