The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1906-10-04

dresses '5scause, in laying founda
ton for the lawyers who were tc
follow him, he had to read a grea
deal of law; but it was really one Of
| his best efforts.
He said there was not particle o.
evidence TO show that William +
Bates committed any overt act thai
would indicate the necessitv of sell
defense on the part of Fred Retting
er, therefore the jury should not take
into consideration any evidence thai
Mr.. Bates was dangerous man as
such evidence could not be consider
ed unless the theory of self defense
was proven. He summed up the evil
dence and showed that the shooting
of Bates was premeditated, unjustif-
able murder and demanded the death
penalty.
| He did not devote much time tc
the insanity plea, he indicated that
the attempt to prove the insanity oil
defendant was such signal failure
that it was hardly worthy of attention
He said Dr. Terfinger had pronounc-
ed him insane after conversing with
him two hours, but the jury had seen
and heard him on the witness stand
five hours, and he had shown him.
self during that rigid examination, to
be man of more than ordinary
shrewdness. There could be no bet
ter evidence of Rettinger's sanity
than he had given on the witness
stand. Taken all in all it was a great
argument.
When court opened Friday morn
ing Attorney Stevens began the ar
gument for the defense He was al
lowed three hours and used almost
all his time, closing his speech at 100
p. m. We cannot, of course give a
synopsis of his speech because we
have not the space in our paper. 1t
was undoubtedly the greatest legal
argument of his life and shows, as
did the examination of the witnesses
that he and Mr.. Parker have thor
oughly studied both sides of the case
His address was chiefly devoted to
the evidence that would pailiate the
killing of Mr. Bates and to the san
ity of the defendant at the time he
shot Bates
Every shred of evidence that would
tend to show that he had reason to
fear Bates, was presented to the jury
in the most impressive manner pos
sibie.
| He assumed that Rettinger's
nerves and mind had been worked up
to such a state that he was really
insane in regard to what Bates would
do to him and that he believed his
life was in danger and that almost
everything on his farm was in dang
err of destruction by the Bates family.
/, He took up the question of insanity
and referred to Dr. Terfinger OF
Longcliff as one of the best and most
honest of all our physicians employ
ed at insane hospitals. which is un-
doubleday true. He paid a high com
pliment TO the ability of Judge Hess
and Mr. Kelison opposing attorneys
declaring that Mr.. Kellison had no
superior in cross questioning an ex
pert and said that DIR. Terflinger in
answer to all questions firmly declar
ed that he believed that Fred Ret
finger was paranoic, subject to
mental decisions and Authorizations
He referred to the evidence of de-
PENDANT on the stand, said he told the
truth, that he did not deny killing
Mr. Bates, that he told the jury he
went armed all the time, never with
ont one revolver and whenever he
went to town he carried two; and
Mr.. Stevens said that was because he
feared Bates and not because he
wanted to kill Bates. He closed with
the declaration that defendant was
not mentally responsible for Whist he
did on the 18th day of May and the
Jury should acquit him.
When Mr.. Stevens closed his ad
dress to the jury Mr.. Kellison began
one of the most powerful arguments
ever made in the court room in this
city. 1t was logical, eloquent and
mastery as to all the details of the
crime
He showed that even had all Mr.
Stevens claimed for defendant been
true the crime was murder, unless de
PENDANT was insane and he pointed
to the testimony of scores of wit
nesses who had known him from
boyhood to prove that he was sane.
He showed that the testimony given
by the defendant who was on the
stand more than four hours, and
stood the direct examination, cross
examination anG redirect examina-
ton without being confused, exhibit
ing the ability of an expert in the
hands of the lawyers, was proof
that he was sane and not only sane,
but man of more than ordinary ma
tive ability and shrewdness. He talk
ed two hours.
Then Samuel Parker. one of Indi-
ana's greatest lawyers, began the
closing argument for the defense, and
will talk until six o'clock this even
ing.
Judge Hess will make the closing
speech for the state after supper,
Judge Bernetha will instruct the jury
Saturday morning and the jury will
probably begin their deliberations
about l0.30 a. m. Saturday
Notes on Trial.