Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-08-24

that was? There was nothing to show
that the man had been killed and ther
put in the bed. There was blood ne
place about the house, but on an6
under the bed where Mr.. Harris was
lying.
But these arc merely circumstances"
We have positive evidence that this
woman did not kill this man, that she
could not because she was some place
else at the time his death occurred"
Reply of Attorney Cornell.
Captain Jaques was followed by At
torney Seneca Cornell, who said in
part:
First as to the question of an alibi
me state Is not bound by the testi-
mony of William Harris. This Is not
a trial, but merely an examination. II
we were bound by the testimony OF
William Harris then the court would
nave to take his testimony even
though his statements may have beer
contraa1cted by other witnesses. The
evidence shows that the county attor-
ney had no opportunity to talk VIII
Willie Harris, but that he did talk
with the attorneys for the defense. He
undoubtedly knows something about
this case and he was put on the stand
but the prosecution is not bound by
his testimony.
This court must find two things.
First, was there a crime committed,
and second is there sufficient reason
FOR believing that the defendant COM
m1ttedN 1t. To my mind the evidence
shows that it was physically impos-
slble for Jim Harris to have commit
ted suicide. 1t would have been i'm
possible for man to have shot him
self IN the head In that manner and
IA Sn1q
Inc body of Jim Harris was fixed for
inspection after death. do not know
who did it, but who would have been
interested In doing 1t. No evidence of
violence was found any place else but
the same care that placed the hands
across the body in such a neat position
and had put pieces of Oil cloths under
the bed to protect the carpet, would
have cleaned up the bed stains.
James Harris was not killed be-
tween o'clock and 10 o'clock Satur-
body could not have occurred in less
tran six to twenty-four hours, accord
ing to evidence Of DR.. Keplar. If he
had committed suicide, the revolver
would have been thrown to one side or
grasped in death grip. If he did not
commit suicide then some one killed
him. In my opinion he was struck on
the head with bludgeon of some sort.
l do not think the bullet ever passed
through the scalp. There was no bull
let hole in the scalp, but a three COR
nered wound the edges Of which fitted
closely together when sewed up by
the undertaken
Is Defendant Guilty?
is there reasonable grounds for
supposing the defendant guilty? Who
else would have been interested in lis
death. Willie says they went black
berrying about o'clock and got back
about 10 o'clock. Constable McDon-
ough testified that he called at the
Harris home about $50 o'clock. and
that Mrs. Harris testified before the
coroner that Mr.. Harris saw him COM
Ing on Saturday morning. If there
was crime it could not have been
committed without Mary Harris or
her son knowing it. Who arranged
the Oil cloth SO carefully under the
b>d, with the edges at the head of the
bed? They were not thrown carelessly
under the bed
Finding of the Note.
THE finding of the note is a strong
point, tending to show that a crime
had been committed and that the de-
PENDANT knew of 1t. There is no evil
dence that she had made any search
for the note. She asked John Jordan
and George Ross If they would search
3im's clothes for the note.
She asked the undertaken if there
was any objection to her looking
through the clothes for a note and he
said no. He had already made
search himself. Her actions testify
very strongly and conclusively that
she knew where the note was and
knew what there was in it. /. seems
to me that there is ample evidence to
hold the woman to the grand jury.
AS to Mr.. Myers, who the attorney
for the defense accused of prosecuting
this woman and that he was the self
appointed guardian Of Mr.. and Mrs.
Daniel Lewis, there is nothing to show
that he was the self appointed guard.
Ian OF that aged couple and if they
we're it would be to his credit that he
was interested eonugh to do what he
could for the protection of an aged
couple, infirm and in i'll health
Attorney Cornell was followed by
County Attorney w. w. Epps. who re-
viewed the evidence in a brief and
concise manner.
Attorney Steck Speaks.
This afternoon Attorney A. C. Steck
gave an eloquent argument, favoring
The release Of his client. He said that
there was nothing to show that the
who had lived with her hus-
band nearly twenty years and worked
to help him, even in the harvest field
lad committed any crime. He said
that 1t was plain that James Harris
suicide. and went over the
testimony explaining where there was
suspicious in her actions, but
that they We're entirely natural and in
accordance with her condition, being
bowed with grief and sorrow ever
since her husbands death. He said
that the condition of the body was not
that of rigor mortis, but cadavaric
which in cases of sudden and
violent death may come on at any
time.
He cited authority to show that if
rigor mortis had set in as the
state claimed the mouth would have
been open unless Mrs. Harris had
bound the jaws together Immediately
after she had killed him and removed
The bandages after rigor morts had
set in.
He said that the case must rest
On the evidence introduced and govern
ed by the rules of law and that he
and his associate counsel would be sat
of lodi j,,1e