The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-10

rules. He declined to define his opinion OF
an opening statement and what II should
be when Prosecutor Ruckleshaus asked Tor
a definition.
Attorneys who were in the court said that
never before had they known such latitude
allowed an attorney in opening his case Tor
his client Mr. Span not only talked OF
what might be proved, but tore the prose-
cution to pieces in Analysing the testimony
of the witnesses. He harangued with the
jury and asked them to believe an honest
witness, who would be brought TO testify
in his own behalf when DR.. Joseph G. Alex
ander, the defendant, would explain TO
them what, If any, dealings he had with
Cantrell. He advised the jurors to compare
the testimony of the defendant and his
statements to those made by the witnesses
for the prosecution, and to believe the men
on their established regulations for Verac-
ity.
Span denounced the witnesses for the
State. He declared Rufus Cantrell to be
man of low character, whose word under
oath should not be accepted as convincing
against Alexander. The other ghouls were
hardly mentioned by Mr.. Spaan, except In
general way, when he declared that their
testimony was valueless when the truth
was sought.
According to the opening statement the
defense will try TO prove that when Can
trell and Sam Martin, another ghoul, went
to Alexander's office they went there to
secure employment in the Central College
OF physicians and Surgeons in cleaning up
the place preparatory to the removal of
the school from the building at South
and Pennsylvania streets TO the new quar-
tiers on North Senate avenue Alexander
told them at that meeting, according TO
Span, that there was nothing he could do
for them as II was out OF his power 10
employ custodians for the college. After
his selection as demonstration of anatomy
of the college, or director of. the anatom-
ical laboratory, as he is officially termed by
the school, he consulted with his predeces-
sors and learned that Cantrell had sup
piled dissecting material for the clinics and,
subsequently,, when he found difficulty in
securing the material necessary, which
/ was one of his duties, he entered into a con-
tract with Cantrell to furnish material.
According to Spann Cantrell told him that
he had been furnishing bodies to the school
ment He told Alexander that he got the
subjects at the City Hospital, Insane hos
pital. Julietta Asylum and other places
| law, become subjects for the study of ply
| sicians and students of medicine and sur
gerry.
ALEXANDER'S AGREEMENT.
Alexander agreed to pay $50 for each SUBJ
ject and the expenses. if there were any
connected with securing the body. were to
be borne by Cantrell. Spaan insinuated to
the jury that from what Alexander was led
to believe by Cantrell it would be necessary
| for Cantrell to pay someone at the insti-
buttons for the information that bodies
were awaiting the claim of the college.
With respect to the testimony of Doug
lass Case, the liveryman and the employees
of his stable, that Alexander and Cantrell
| had driven from the barn together Mr.
| Span said the defense would prove where
| they had gone on each trip. The state
| ment of Mckee, the clerk at Habich'S gun
store, that Alexander called at the gun
| store to vouch for Cantrell when he wished
to rent shotguns was denied by the de-
| Tense The man who called at the gun store
wore evening dress, according to the wit
N r.
| Alexander never wore evening dress but
| once during last summer and that was two
months before the alleged visit TO the gun
store. Mr.. Span did not attempt to say
that the card of Alexander was not given
to the gunsmith's clerk as a guarantee of
the truth of Cantrells statements. Spaan
said that Cantrell had access to the desks
at the college and from one of them it was
more than probable he had taken some OF
| DIR. Alexander's cards.
Span declared that during the progress
of the grand jury investigation Cantrell
while a witness before the grand jury,
called DIR. Anderson at the Newton Clay
pool building and asked him to tell DR.
Alexander, whose Office was opposite that
of DR.. Anderson, that he (Alexander) need
have no fear, as Cantrell was only making
the damaging statements against him be-
cause he being paid to do so. ''To
substantiate this the defense expects &c
prove that during Cantrelrs Imprisonment
in the Jail he has received at various times
$50 from an unknown source and that the
money always came TO him i'm white en-.
velopes and unsigned" said Mr. Spaan.
Cantrelfs alleged insanity was reviewed
by the attorney. He said expert testimony
would be adduced to show evidence to the
Jury tending 10 prove that Cantrells state.
ments might be overlooked by considering
that an insane man had made them.
Mr.. Spaan cautioned the jury on the ex.
| istence of a reasonable doubt and promised
them that before the case was submitted &c
their consideration they would be fully in
| sfructed on what reasonable doubt is ac.
cording to law. This argument prompted
William r. Brown to apply to Judge Bailey
for a restriction of SPANS argument to the
jury. Mr.. Brown insisted that Span wa:
| not making an opening statement but al
argument and was appealing to the jury
to acquit his client before the proper time
Judge Bailey ruled against Brown and per
| mitted Spaan to continue. Before he die
so he made several remarks calculated t.
increase the chagrin of Brown and in tina
manner provoked tilt which was onl,
stopped by the interference of Judg,