The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-13
LAWYERS WORD-PICTURE
At BROWN TRIAL DRIVES
HIS WIFE FROM COURT
CONCLUDED FROM FIRST PACED

CONCLUDED FROM FIRST PAGE.)
was false Every oath he made was a per-
mans life and liberty shall be forfeited by
the word of this man and because the cash
items went in and out of the bank through
his beSmlrched and discriminating hands?
THE government does not bring any
other witness here to corroborate Colins's
statements. but 1T uses this man to hound
down his brother-in-laW and his own sister,
who is more vitality interested in this case
than any one else.
Gentlemen of the jury, the whole of the
testimony of the prosecution depends upon
for there isn't book in the bank whose
pages are not contaminated by the guilty
hands of Wilson l.. Collins"
At this point Mr.. Ketcham took rap at
the Elkhart Daily Truth. which is owned
by one of Browns enemies and which fig
ured in the fight of the Elkhart bank
.Oh, Truth, glorious and immortal
Truth" shouted Ketcham raising his arms,
which lies in the bottom of the well, and
Outlines don't care where il lies!'
Ketcham then got down to the points of
the case, and. taking the counts one by one,
went over them. arguing that the govern
ment had failed to prove the charges be-
yond reasonable doubt
Every fact" he said, slapping his hands
in rapid succession under the very noses
of the jurors, must be proved by the gov
eminent beyond the shadow of a doubt or
you must throw the evidence in favor of
the defendant.
BROWNS FIRMS DISCUSSED.
81 regret, he continued, that my worthy
opponent, Mr.. La Toilette, for whom l have
almost as high esteem and regard as L do
for Mr.. Healing, who as a boy studied law
in my office. and who now represents the
government district attorney-I regret
1 say, that he told you that you must con-
slider in your verdict the weight of in
dictment. Gentlemen, no man can be tried
in this court without indictment. Mr..
La Toilette stepped beyond the lines when
he said that
IL was surprised. too, when he told you
that you owed IL TO the government to find
this man guilty if he Is guilty. Gentlemen
of the jury, you don't owe anything TO the
government in this case. You owe a truth
full verdict TO your caths and your con-
sciences"
Mr. Ketcham then turned to the National
Manufacturing Company, one of Browns
concerns which was heavily indebted TO the
bank and brought out the point that had
not $40 900 of its money been tied up in the
Consolidated anG $4,000 in the White Noun
tain Paper Company the National would
have been within $4,000 of being out of
debt He then enumerated the amounts
aggreeating S37 500. which had never been
placed to the credit OF the National on the
banks books.
the Capps-B Brown, the Afford and the Tous-
lev notes, which il is alleged were Illegal
transactions. and explained them in the
light of testimony given by the defense.
VAN FLEET DWELLS ON INDICT-
MENT.
He then went into minute history of the
Consolidated Paper and Bag Company. the
plant owned by the bank and managed by
Brown. He emphasized the testimony in
troduced by the defense through the ex-
perts, Spaake and Trip, as 10 appraise-
ments as compared with the government s
witnesses, on whom he heaped unalloyed
sarcasm Nor did he spare DR.. J. n. Hurry,
who testified the false signature on the
stock certificate blank and who, in the
words of Mr. Ketcham. called himself a
sanitary chemist with his work shop in the
rear of drug store
Judge Van Fleet, In his argument during
the morning session, laid particular stress
on the points of the case embodied in
the indictment, telling the jury TO first
establish in their own minds the criminal
intentions of Brodrick TO defraud the bank
before they acted upon Browns guilt lin
aiding and abetting.
was devoted TO Assistant District Attorney
I.aFollette. who closed his argument begun
Monday afternoon.
When the jury returns its verdict, Judge
Anderson will pass sentence upon Brown,
If found guilty, and upon Brodrick and
Collins, who have already pleaded guilty.