The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-12-16

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the two defendants are charged. /
These men, he says, are charged with
the crime of breaking and entering.
Property mus. be protected, else So
siety will crumble to pieces. These
two defendants were accused of this
offence, taking over to an examining
body and bound over to the grand jury.
|, The court will instruct that there are
two kinds of evidence the state can
introduce. One is direct and the
other is circumstanttial evidence 1t
is not the states purpose to put into
evidence anything that is not here,
but to go over with the jury the evil
dence given on the stand Possibly
by going over the evidence we can
! bring to you material points the
jury may have overlooked. The men
are either guilty or not guilty. If
these men are not guilty, McManus
declared, the case presents such cir
cumsiances that are certainly remark
able. Attorney McManus then be-
gan review of the testimony given
on the stand, beginning with Albert
q. Keppel. On the stand Keppel
says that ON the evening of August
4 80 he was coming down Main street
and saw the defendants sitting in the
Horn building looking over at the
i Golden Rule store. That did not par
q .ticularly excite his suspicion, but al
most Immediately he saw them go
over TO the store and make observa-
lions. McManus told of Keppel's no.
LITIGATION to the police and of subse-
quent testimony, much of which has
been reported in The Gate City.
When court reconvened this after.
noon Attorney Ed. McManus resum-
. ed the opening arguments for the
!, state. Following him Attorney Dan
H.. Miller will open for the defense
and Attorney John F. Craig will fol-
low in. the closing arguments for the
state. Prosecuting Attorney Craig
will then close for the state and it
is possible that the cac-, will go to
the jury late this afternoon. A great
difference OF opinion prevailed il
the court room this afternoon as to
the probable finding of the jury.
In his arguments this afternoon AT
torney McManus assailed the testi
! mony of VIM. Hartford and George
: Erman. whom he designated as life
long friends of Gale Hewitt.
: :. The state has made no claim in this
case that anything was taken from
the store on August 80, but simpl
: that thew entered the store. The at
torneys for the defendants will pre-
:, sent many probabilities, said tn
y :. speaker. but this case is not one made
= UP of possibility; it is the cold PROF
osition of finding these two men nea
the very door of the store which ha
been broken open. There has nc
I. been a witness on the stand. he sait
who is not particular friend OF Ia
. defendants and has an interest in tn
case.
{ At 2:2o O'Clock Attorney Miller b'
= gan the opening arguments for IN
- defense. 1t is easy, declared Alto
Q rey Miller. for man to be accused
~ the commission of crime, becaus
~ Of certain circumstances In
e. which he may be throw
y. and 1t is often hard to d.
sr fend against it. Our law breaker
u have been particular that ma
lie shall not be thrown into jail becaus
ID 90 coincidence. and the guilt
N these defendants must be shown D.
vond reasonable doubt. He declare
that there was not truth in I'll
~ statement by Tom Freeman that
- fcers we're watching the Golden Rul
!. store that night. The jury was aske
~ why Tom Dunn. who testified that tt
-. two men we're drunk in the restaura
- 81 1t.15 was not called to testify g
= cept in rebuttal.
The testimony of Louis feager' WI
. said he got the two men pint
whiskey early in the morning, go
n chow that they were drunk, az
this evidence is stronger than the te
t,mony of twenty-five policemen VI
would saw that they were not urun
For a man who has been drunk ai~a.
wants drink early in the mornif
He then referred to the character
Gale Hewitt and reviewed. the e
dence in the case.
Estate of Harry d. Reeves Lucy
paares administrative, authorized
certain real estate IN the town
Montrose.