The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-09-30
Attorney .. T. Miller Made Final Ar
sument This Afternoon and
Case Has Gone to the
Twelve Men.
JUDGES INSTRUCTIONS
Impossible to Tell How Long They
VIII be out-Arsuments Of
Today by Prosecution
and Defense.

At 2:30 this afternoon D. F. Mile,
closed his argument in behalf OF thu
prosecution and Judge Withrow reat
his instructions to the jury. At "a!
the jury retired in charge of baliffs
Timothy Crimmins and G. A. Wright,
Attorney e. L. McCoid opened the
arguments of counsel to the jury II
behalf of the defendant this morning
In the district court when the French
seduction case was resumed. Wher
he took his stand before the jury II
was supposed that he would consume
the greater part of the day as Prose
cutting Attorney Craig had the foo.
for many hours yesterday. His de,
Tense of Benjamin French was q
strong one and he vigorously attacked
the chastity Of the girl, whom he said
had committed the act of the evening
OF November Is because she was
burning with passion and yielding to
DESIRE" In his opening words regard.
ing the law he said that If the defend
ant was to be sent to the penitentiary
1t must be done on the evidence Of one
witness, that is the plaintiff against
the defendant and that they alone can
know what happened when they went
together between the months Of No
vember and March and what passed
between them as to the alleged seduc'
ton was only known to the two.
Mr.. McCoid then reviewed the testi-
mony of the prosecuting witness and
stated that 1t had never occurred, to
her that she had yielded her honor e.
cause of the engagement until the
first day on the witness stand. after a
probably consultation with the prose
cutting attorney, and she must have
honestly thought that 1t did not make
any difference.
The attorney then drew a word pic
ture OF the events which had trans
pired on the night OF November % In
the girls home and recalled words
which had passed between the two
which was evidence of the unchastity
OF the girl and he compared her to
Benjamin French as a girl wise to the
worlds ways and green" farmer
boy, hut twenty-one years OF age
Also re recalled the settled fact that
not one word had she ever said that
she loved him.
Closing Arguments.
Attorney D. r. Miller began the clos.
ing argument for the prosecution
shortly before 1870 this morning, af-
ter Mr.. McCoid had completed his
opening argument to the jury. In his
opening words he pictured the life OF
the girl during last winter when she
remained in the house with young
baby in her arm and the cold winds
whistling around the house, and also
the girls life which was to follow be
cause of the defendants refusal to
marry her. She has come into court
game to the core" and only asks thai
the wrong be punished. Mr.. Miller
ridicnled the efforts of the prosecu
ton to show that French was an in
nocent farmer boy. recalling the word.
which passed between them al
brought out in the testimony. "Cour
will tell you to take into consideration
the department of the witnesses OF
the stand. You find no disputed
grounds on the engagement and oil
the date of the wedding, but you d.
on the date of their first intimacy
Through the cunning and articles h
accomplished his purpose, his actor
being preceded by attentions an,
presents" Mr.. Miller also attacks
the attempts of the defense to shoy
that the girl was unchaste, and state
that outside the testimony of the dc
fednant there was no evidence tina
the girl was unchaste. The jury wa
held to the closest attention durin
Mr.. Miller's argument. At 11:4
court adjourned until 1880 after tn
usual instructions from Judge with
row to the jury.
Shortly after $3.50 this mornin
Benjamin French took handkerchie
from his pocket and placing it to hi
eyes, bowed his head until 1t almos
touched the table and remained /
that position until adjournment wa
taken at noon. At times it was a,
parent that sobs were escaping hin
Robert r. Grimes was appointe
administrator with the will annexe
Of the estate of William Colvin, d,
ceassd.
The will Of Anna Lupton, decease,
was opened and read.
George Applebaum was appointe
at temporary guardian of Fred Stel