Crawfordsville Daily Journal, Crawfordsville, Montgomery County, 26 March 1891 — Page 3

••V-l/.'Y

ba%

Wlfa'g

I am laden

5/^5^

You Will Be Pleased

It you call at 124 East Main Street and we will be pleased to show you as fine a line of Boots and Sho~sin ladies' and eents' as can be found in the State

124 East Main Street.

Grand Cut Sale on Glassware

At ttie 99 Cent Store.

For this Week Onlv.

Don't forget to call on

Tomlinson & Scaggs",

113 East Market Street.

The Jeweler, Jewelei, Jewelei, Jeweler, Jeweler, Jeweler

The Jeweler

rTine

Sortie

W\f

n§v§r

lar8«

8A.P0U0.

9"Croeeni nOca nmims Proni. w-tires.-

vit)?

Jeweler

The Jeweler, Jeweler, Jeweler, Jeweler, Jeweler, Jewcwr.

freight

Front Hie goldeij gate. Tol&nos across Ihe |Sill Sea.

I carry sweet hope WITKARTTA (LAUS

SOAP,

As & cargo

XX.]^iRBm&_Go. Chicago. ASK YOUR GROCER FOR IT

dear as can be.

V-

Glassware of all kinds at less than cost.

Neiv Patteiis-. Ei.ki ant Dksiiixs Rose Bowls, Cracker .lars, .lolly Cup9, Sirup Cruets,

Hread Plates, Olive Dishes, Water Pitche-s, Coliets, Tumblers, l'icklo Dishes, iJlass Costors, Fruit Howls.

Aus Tomlinson. George Scaggs

When You Want

G- x*o cer es

Water Sets, Berry Sets.

Plain and Colored Glassware at less than cost. See our glassware bargain counter. Remember, this week only.

Ross Bros 99-Cent Store

re like*

the more e.brighter^ Busy .wives who Use 5A F? L-l

jhoes

seem to grow old,Try a, c&ke

A complot* wreck of domestic happiness bu often resulted from

washed dishes, from an unclean kitchen, or from trifles which »«emed light aa air. Sut by tho— things man often judges of his

find, canleaa In

devotion to her fomily, and chargw her with general neglect

particulars. Kany a home owes

part of iu thrifty imtnif and its consequent happiness to

|04

li for BAPOUO, to maks a kaviBS Just w*al

DAILY JOURNAL.

THURSDAY, MARCH 2(1, 181*1.

FOR MANSLAUGHTER.

OOOMBS SENT UP TOR TWENTY ONE YEAES.

Proceedings of Yesterday Afternoon and This Morning -The Verdict Reached at 8:30 This Morning.

WKDNESDAY AFTEKNl )X. It w»h shortly after one o'clock when Prosecutor MoflVtt iiroso mid said lie did not intend to take much time in the ojlening argument. The chk, while not a long one, in most ini]Kirtant for human life is a lno.st sacred and precious thing to be taken onlv in the most extreme oases. That life lias been taken here is undeniable and that it was taken needlessly is likewise true. The defense stated at the opening that they would prove that these three young men were drunk and riotous to a great degree, alarming the whole end of town. They said that while at Uirchlield's WnlU-r ]}. McGinns did maltreat an inmate there. Gentlemen, I submit to you that Walter MeCluro was sober on all occasions of that night. Every witness but one swore to this, and tliis man, night clerk at the Nutt House, tliis fellow did not know what lie was talking about. Their statements of MeOlure's bail conduct fell Hatly to the ground. They made these statements to prejudice your minds in advance against the decedent. We do not deny that the boys had lieen where they should not, but that Walter MeCluro demeaned himself so as to deserve the slightest blow, we do deny, he boys were all sober, this smart night clerk of the Nmtt House notwithstanding. Even his testimony is impeached by Starling Carver who was there and biiw the boys orderly. Mrs. 'Sailor, who saw the boys just before the murder swore that thev were soler. They have laid much stress upon the fact that Coombs did not know whom he was shooting. The law does not repiire this if the evidence shows that he lid it pur]Ksly, and with premeditation tlio law implies malice, and all- the essentials of murder in the first degree are present. The prosecutor then defined murder in the first and second degrees and manslaughter. The defense have introduced several theories. They tell us first that he committed this crime in defense of his property. then that he did it in a sudden heat and finally that ho did it accidentally. Jf he did it accidentally he did not do it in defense of his property. But if he was defending his property the murder was premeditated and unlawful as his property was in no danger. No other persons than defendant and wife testified to but one blow being struck and no one could say that that one struck the house, l'retty Cynthia Poster heard no noise at all but the rattling of her gate. The evidence in the case shows that the bovs did not stone and club the house as the next morning no missies were found on the ground at daylight. Moreover the house would have been bruised and battered if they had. VanCampliell who lives across the street says he heard three blows, but no shot, although he was up. What he did hear was the one blow and and the two shots. The evidence sIiowb that Coombs was begged by his wife not to shoot, but he got his gun, stepped out outside the door which ojieued with difficulty arid deliberately shot his victim down. The supreme court has held that premeditation may exist if it is formed and the deed executed as rapidly as successive thoughts. Coombs himself said he was not very angry, and this takes away tho defense of nianinanslnughter. Mrs. Coombs says she saw her husband shoot and that he held tho gun at an angle of 45 degrees. If ho held the gun in this jiosition by the timo it reached the sugar tree. 90 feet away, it.would have been 90 feet in the air. Cooiubs says he did not. sec the bovs but ho saw the dark treo 90 foot away but could not see McClure, who wore light clothes. The circumstances show that Cooml6 held the gun in horizontal position .and lired it directly at his •victim. Tho oourae of the ball shows this together with its force. 1 think you can easily find that Coombs conimitteed his crime recklessly and wilfully. It is a case which merits the severest punishment.

At '2:30 M. W. Bruner arose and said that he would go on the presumption that the jury remembered the evidence. He would merely draw conclusions from the evidence for them. The defense did not attack his character with malice but only as connected with the case. The State must show that Coombs had no provocation in order to convict him of murder in the first degree. These boys took eight or nine beers at the Clip|er, then Kandall takes a quart bottle of wine and they start out. It has been proven that Kandall was drunk when the party was at the Sherman House and from there on ho has no recollection until they got to Birchfield's. Ensminger is a nice young man and he goes there to road tho evening pa|M'rs. He is a seeker aftor knowledge and if don't make any difference to him where he gets it. Kandall, the black sheep, is disorderly here and toys with the young maiden who drives him off with the tho poker. From there they go to Bailey's, still on the round of pleasure. Thoy'leave them aftor drinking some beer and when they got to Coonibs's they were ripe for any riot. Coombs did not mind the noise until they stoned his house. It is in evidence of many witnesses that tho house was shaken by the blows. Coombs, it is true, was in a disreputable part of town, but he is a poor man and could not help that. His wife was sick and ho had been hard at work tho day before. When the boys cntno along with their loud noise he naturally resented it. You are the judges of tho law and the evidence and if you believo Charley Coombs ought to li»re gone out tind made a demon-tril-lion you should clear him. I maintain that' Coombs did not shoot anyone down purposely. They had a light in tho house and when he stopped out into the dark ho was blinded and in that condition fired away. Ho did not want to shoot anyone but ho wanted to let them know'that Charley Coombs lived there. I beliovo that all three of tho boys wore together in front of Coonibs's and tho reason that tho others were ahoad is that tboy ran away faster after making the noiso. It was a hard shooting gun and tho fact that the ball

didn't go through, clear through his body, proves that lie was a considerable distance away. Tho evidence does not show that the ball entered in a horizontal line and this being true it is reasonable to suppose that tho ball was a glancing one from the limb of the tree. It is your duty to presume this defendant's innocence if you can. The law so commands.

Mr. Bruner spoke just an hour and was succeeded at 3:1)0 o'clock by Col. Seller who made the closing argument for tho defense.

Col. Seller spoke two hours and said substantially, that the question seemed to be, not was McClure murdered, but were the three boys drunk. Their sobriety had nothing'to do with the wise, but the evidence shows that they were intoxicated. The boys swore they were sober but they were iiot. Vornoii Randall was so drunk that he could not remember his own actions. Either this or else ho came upon this witness stand and perjured his soul. Well-bred, good natured, gentlen:anlv Hal Ensminger could not remember that they wero at Blue's until it was forced u']x»n them. The Birchfield women lied upon the witness stand about the conduct of theso young men there. They drank wine at Birchfield's on top of eight beers and one of Scott Steele's lunches, either of which would make a man dizzy. They drank beer at Bailey's too and the only wonder is that they could walk when they left.

Mr. Sellar then came to define tho law iu the case and «]ent some time in showing that if Coombs were guilty, he is only guilty of manslaughter. Premeditation which is an essential element of murder means deliberation. There must be a deliberate determination to do the deed before murder can be possible. Coombs did not have time for delilierution as is premeditation. It Is unprovoked malignity or spite. There are two kinds of manslaughter voluntary and unvoluntary. If Coombs angered suddenly fired directly at McClure ho is guilty of the former, if ho did not shoot directly al him ho is guilty of tho latter. If lie was protecting his life or property he is not guilty of any crime whatever. Charley Coombs is an honest man until you have considered ©very lino of evidence and return a verdict of guilty. You may believo ho is guilty but unless you know it you cannot find him so. You must not hunt for evidence of guilt but for evidence of innocence.

I want to warn you against the State's ittorney who is to follow. I know his power and his ability. I have met him before. Tho State's attorney will bo in avenger of blood and nothing in keeping with tho teachings of tho Savior on the Mount. He will ask an evo for an eye. With a heart as cold as a stone ho will stand before you and ask a bloody vindictive verdict. There will bo no thought of forgiveness alwut him. Randall and Ensminger tried to put on poor Walter McClure all the devilment that was done that night. Both vindicated themselves as best they could. I know and you know that they were I'onnected with it too

The sheriff hero called t^e speaker lown. He closed with a few remarks pleading for his client.

WEDNESDAY EVENING. Tho fact that A. B. Anderson would speak last night was sufficient to pack the court room until standing room was at a premium. At 7 o'clock the jury filed in and a moment later Mr. Anderson arose and spoke in part as follows: Gentlemen of tho jury, Mr. Sellar undertook to tell you what I would say. Ho said I was possessed of a heart of steel and would demand blood. But, gentlemen, I have never yet asked for vindictive justice I have never yet said to a jury what punishment they should intlict. nor will I to you. The matter of punishment I will leave entirely to you. The object of Mr. Seller's insinuations are perfectly plain. He simply wants to prejudice you in advance against anything I inny say. Mr. Bruner laid great stress on tho point that those bovs were drunk that night. But it makes no difference whether Walter McClure was drunk that, night or not and they know it.

Because a man is drunk it does not give anybody aright to shoot him dead. But the evidence does not show that EnsWlingor or MeCluro were intoxicated, whatever it may have shown about Randall. Unless there was sufficient provocation you cannot bring in a verdict of manslaughter. Now there is no reliable evidence to show that McClure did anything more than to strike on tho fence once. C'vnthia Foster, Buck Howard and Ota Jordan all heard but one stroke and Van Campbell, who heard three shots, must, have confounded tho two shots for strokes for Hal Ensminger said they sounded so much aliko that ho was at first mistaken about them. Coombs and his wife said they heard missiles thrown against the house but that the fact Unit they were interested witnesses and the fact' that no missiles were found is enough to refute that. Tho defendant and his wife also told at what angle the gun was pointed and disagreed !,v the way but taking it at either angle the bullet could never have hit that sugar treo. It is not known at just what point McClure was when the fatal shot was fired but it was evidently when lie was turning off the sidewalk and while north of the sugar tree because when Ensminger and Randall turned they saw him coming from tho gutter north of the treo. And how in the name of common sense can a bullet glancing from a troo in front of a man strike him in the back when he is facing it. To make this theory possibly he would have had to turn around and run toward his assailant, a conclusion which is absurd oil the face of it. There is every reason to believo from the. evidence that Coombs dolilteratoly took aim at tho man and shot to kill for he is a reckless man. and never until ho realized that the law would punish him did he show the first sign of sorrow.

Mr. Seller made the most startling and scandalous allegations against theso three voting men and thus sought to prejudice vou against them. Now I am not here to apologize for them. They were where thev should not ha\e bin• but that Walter'.McClure was drunk, or riotous or that he misbehaved in any way bevond being where he should not have been, there is not a particle of evidence to prove. On the contrary every witness has sworn that he was sober and acted in a gentlemanly manner wherever ho was. It has been said that Coombs had no malieo toward McClure, but the laws definition of malice gives it a wider meaning. A man has mulico, according

Next door to Elston's Bank.

psC" to

PAID 31 DOLLARS DOCTORS* BILL.

paid 31 dollars doctor's bill for my wifo in ono year, and one bottle of Bradfield's Famalo Regulator did her more good than all the medicine she had taken before.

JAMES T. GOTT, Carnil, IU.

Have suffered periodically for years—boon treated by the best physicians without relief—Bradfield's Female Regulator did mo more good than all tho other rom^dies.

Mra. ELIZA DAVIS, Charlotte, N. C.

Have used Bradfield's Female Regulator and can recommend it to all my friends. Miss C. S. W1BMEYER, Denver, Col.

Bhadfieli) RroulatokCo., Atlanta. Ga. Sold by all Druggists. Price, Ji.oo per bottle.

Sold by Nye & Co.

to law, when ho has a heart lost to social duty and fatally bent on mischief. This fitly describes Coonibs's character. Tho first theory of the defense is that tho shooting was done accidentally, based on the supposition that tho bullet glanced from the tree. I have already shown this to lie impossible but Coombs himself has forever shut the door to the accidental theory by his statement after lio knew Walter McClure was dying that ho would serve his time, come back and do the same thing again. No man would ever repeat au accident. Tinsecond theory is that of self defense. This idea is monsthius. Did anv man ever defend himself by shooting his assailant in the back while Hoeing'/ Then there is the theory that it was done in the heat of passion, thereby reducing the crime to manslaughter. Both the defendant and his wifo said that he was not very angry. She testified that she begged him not to take his gun but- he did and after having some difficulty in opening tho door, stepped clear outside, took deliberate aim and fired, it must have been right at his victim for he said could see tho trunk of tin- tree ninety feet away. Thus was connected one of the most causeless murders in the history of crime, a young man cut oil' in the flower of manhood for no purpose whatever, a young life's possibilities elided without an excuse. Walter McClure might have lived a long, honorable ami useful life but for this man lost to social duty and fatally bent 011 mischief. Gentlemen, tho law has a corrective purpose as well as one of punishment. Other men with guns must be taught not to be too free with them.

The speech was strictly argumentative and there was no impassioned eloquence even at the end. Judge Snyder then instructed the jury and they retired at nine clock. Tho court and the crowd

ICONTINCKU ON LAST I'AUK.l

A State Bankers Association. The bankers of Indiana have formed a State Association. Yesterday al Indianapolis the Association elected officers and A. F. Ramsey, President of the Citizens National Bank of this city, was named as one of the members or the executive committee. The meeting closed last night with a banquet, at the Grand Hotel.

Meats are advancing rapidly. 1 have 1,000 pounds of Kingan's reliable hams at the old price 10 cents. Take them while you have the chance.

Ensminoeii, 103 E. Main St.

i: \TtlOOIt.

Lewis Bannon is working for Albert Luse. Frank Thomas has taken a lease 011 Albert .Luse's farm.

Tho literary at this place closed last Friday night. The question debated was. Resolved, that the American pi-o-plo owe more honor to Andrew Jackson for service done than U. S. Grant. The debators on the affirmative were P. S. Hawk and Ed Cowan: negative. C. .1. Widner and H. F. Vancleave. It was decided in favor of the negative.

Baking

A Pure Cream of Tartar Powder. Superior to every other known. Used in Millions of Homes— 40 Years the Standard.

Delirious Cake and Pastry, Light Flaky Biscuit, Griddle Cakes, Palatable and Wholesome. Jfo other baking powder d-

4 Big Bargains for this Week Only. Kid Gloves 49c per Pair.

All Chenile Portiers Fringed-Topand Button $4,99 per Pair! Our $1.35 Black Silk Finished Henrietta, 98c per Yard! 25 Pairs $3,50 Lace Curtains only $1,79!

See Our Big Stock of Window Shades. The Above Are Big Bargains and Are Positively for this Week Only.

Has bought the entire stock of

material from the «Vater and

Light Company, and has re

moved it to his shop under the

Elston Bank.

RAILWAY HMECARDS.

MOSOMOUIE.

I3:£rm.tn Nitfht- Mall (dally) 1:."Hii.ui 1 Jlay Mull (dully) 1:3Up.m Anove truing ouly stop uteo jnty seats.l 5:27p.m...Hertford and Luf. Ac!om...lO:4£u.iiJ U:0r»u.in Wuy Krultflit 1:20p.uj

BIG 4 Peoria Division.'

!:1K.i in Kxmt'ss Mail 1:

:sV:i.iu

FOR SALE,

F)U

SALE—An open faced silver watcb KIrIii movement,cheap. Inqulro at the Journal ollico.

FOH

SALK:—Anyone desiring to purchase Ptjjr dotfeun do so lv euilliitf ul li02 West Market street.

FOR REN1.

FOlt

KENT—A dwelling house within three squares of court house. Inquire o! S. E Oulibs.

LOST.

LOhP-A

small white An#oru umir,between Musle Hall and rosldenee of J. R. Hon* neil. Leave at |Hst ofllee aud reeleve reward.

DR. O. B. RANKIN,

Ofllee over tho Corner Book 8 to re. Itesldono* 500 South Washlnirtcu Street Olliee hours—S) to 12, to and 7 to8 p.m

Music

Monday, March 30.

oo^cinsrcs-, NEWTON BEERS'

imported by

MAM WLLLESBY

And a competent company the English meio-d raiua,

With Scenic KTe.ts.

The Cheap Dry Goods Man.

Prompt Delivery.

THE AMERICAN STEAM LAUNDRY

W. 3R.. Grosnel]

W. H. LaFleur

Practical Plumber,

1 Hu.iti

Mull (dully) 12:55a.in

in Mull—Kxprotvs. 1 tUop.tu liliOji.m Mull-K.vpross 0:4~p.ui

VANDALIA. noiitii ... Kxprcs* H:12pin. Mini H-.lflu.m

SOUTH f:lKp.m...

Accommodation l'Jnoon

WANTED.

WANTED.—A

limited numlerof pupils in

whorl hand by pnictfcal writer, N.

Wood, 11'l West College st reet.

»S.

Orders left at the olHce of the

Water a.id Light Company

will be promptly attended :o

tuE,d:.vno.

HALL

75, so, 35

CRAWFORDS VILLE

TRANSFER

LINE,

R. C. WALKUP, Prop.

P&sseniters and UaKgaicu to Depots, Hotels, 01 any partof tlio Cltv. Also proprietor of the Bayless Ten-Cent Hack Line

The Cheap Prices wilt be maintained And Satlsfactoiy service rendered. Le^vecalls at Rtjvbtos on Market street, bluto ut £nodtf rua» & uri'iiy ~ii.

Telephone No. 47.

°2i«E|

ENGLISH'S

SPECIAL ENGAGEMENT OF THE WORLD'S -''GREATEST ACTRESS,

BERNHARDT!

IN YICTOREAN SARDOU'S TWO GREATEST PLAYS,

APRIL 14, "FEDORA"

wmiNiNo.

APRIL 15, "LA TOSCA"

Prtttntai with the um« Great Compiny and the same Elaborate Scenery, Cottumei and Propmtie* •a were employed In New York.

PRICE* or RESERVED SEATS: All Lowtr Floor, S3. All 2d Floor, $2. All 3d Floor, SI.

Sill of Silts Begins MONDAY, APRIL

6th.

Seat* can be lecured by writing or telegraphing Olckton

Talbott, Indianapolis, Ind.

SPECIAL

NOTICE.—Parties

of ten or moro can secuto

•educed rate*. Apply to Local Agent

THE (JRA WFORDSVILLE

Y. MX. A

O. M. Gkeoo, President. W. S. MorrKTT, Vleo President. O. P. Diiiuiam, Hccordlng SeuroUtry.

H.T. King.Treasurer. N. C. McCay,General Secretary. Baths, Tub and Shower Gymnasium, bowling Alleys, Piano, Games and Reading room. Meetings Sunday at 4:30, p. ni. Visitors always welcome.

Secretary McCay'p ofllee hours are f*omBO to 1 0 .in., and 3:30 to 5:10 p.in, undevorv evo?* ingfrom 7to0 3O, exeeptimr Saturday.

SILAS WRAY, Designer and Engrar er

Manufacturer of all kinds of Electrotypes and Wood Cutn, Crawfordsville, Indiana.

Tin JouKNALeboerfully reoomiiieixlfi SIHyi Wray aa a flrst-oUM artist. He designed die utoftiie Y.M.C A. bulldtnir.