Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 22 November 1890 — Page 7

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THE l'ETTIT TltlAL ENDS

Continued from page I.

for you—1 have mim'u red you." Tlnnk of tlao iluiuuable liynoorisv ot his brazen pitruiuour Htnuvliug thoro whiumg "Let Liim cry —it will ,1o linn iiooJ." Iu liulf mi hour after lie litis written telegrams realiiig "cougestiviB oLiill, congestive chili" nil the way through when this id not beeu montiouuil since Sunduy ev niug. "loll the boys think of it anil 1 (lou't care who it refered to, it is horrible. Why did not he sny "toll the brethren," nut hilarious oi-owd like "the boys." Ah! ho ielt God and spoke the uord oi his heart. Thif. might ho sj»y to Hiokman "its pretV tough," a line expression truly a\i worthy of the rough, tough man. He seizes the proffered withdrawal at conference eagerly. Kev. Wilson, the bosom friend of Fred Pettit implored him to stand an investigation and Pettit could not look him in the face but said,

Oh let the matter drop." Tne law says this admission by silence is a confession of guilt. (Greenleaf on evidence "ol I, section 197 was then re id to this t-ffect.) He comes home and says he wanted to save Mrs. Whitehead's character. Where is she to-day? Three of the counsel iu this case are hers and why have they not her hero. Sho is not here but lier money is here. "That is false" cried Kumler, "and we except to that remark." "That is right," said the court "and—" "will your honor hear me," said ILiywood. "No 1 will not said Judge Snyder. "I have hud patience enough already and 1 want the jury to know that auy statement not based on evidence is to be regarded as false." Havwood then proceeded and Buid the inference could ba drawn as Stuart his lawyer was here when not appointed by the court. Pettit was free for four months and knew the rumors afloat. Why did he not have an exhumation made and the body analyzed as a fair square man would have done. He was trying to get away from the idea. But here is the crushing fact. He asked for strychnine at Odell just before his wife returned. He did not get it there but he got it somewhere else. They say he would not have tried to get it within two miles of home. But who was he then? He was above suspicion, he was Wm, F. Pettit, Grand

Prelate of the Knights Templar of Indiana, Pastor of the Shawnee Mound church, a great I Am. Gentleman, you have to prove this defendant guilty beyond all reasonable doubt. This means that you must be satisfied that Hattie Pettit died of strychnine, and that Pettit had a motive for giving it to her. Haywood then read several authorities who defined the reasonable doubt, as overcome when the judgement and conscience of the jury were satisfied. He then said that it was a common opinion that no person should be convicted of a henious crime on circumstantial evidence. Circumstantial evidence when as overwhelming as it is here is stranger than the .direct evidence of two or three who might for some reason have perjured themselves. Greenleaf on evidence was then quoted to uphold the statement. You know when you see a man's foot tracks in the snow that a man hus walked there—yet this is circumstantial evidence. Circumstantial evidence is legal evidence, and until.an all wise Providence gives us power of knowledge beyond the present we must act on it. Because your wheat may be blighted will you reiuse to sow? wish to call your attention to another fact. Pettit told Yeager they were in the same boat. He said they were trying to ruin one as a phyaican and the other as a minister. Gentlemen, I have worked on this case for one year, and deserve no especial credit for it, I have been ably assisted Pettit has had the best counsel in the state to heln him and that is right. I am about to leave, the case in your hands. For Gods (•sake make no mistake. This man is guilty beyond all reasonable doubt and if you free him the results will be terrible and far reaching. It, we are right, let the prosecution prevail, if we are wrong lot the defense prevail. I leave this caso iu your hands, nnd aoove all, I beg you to be men, to be men and do your duty. I thank you very much for your kind attention.

The court then granted the jury a rtcess of ten minutes and Mr, Haywood received the congratulations of his friends. Among others Col. DeHiirt came up and said "You made a yery line effort, Mr, Haywood, a very fine effort." Gen. Law Wallace stated that ho thought the speech a very fine one, and also congratulated Mr. Haywood at considerable length upon his line effort. Mr. Haywood looked ns though he appreciated this favor much more than the peculiar Colonel's, who tendered his from a cloud of smoke with his characteristic a

COL. It. 1'. DEllAl'.T.

It was a quarter of four when Col. Do Hart tooli the lloor and said in substance, that if the jury hud at this hour an unkindly looting toward himself he begged them to lay it aside and not chnrgo it to his client. Pettit has been indicted of highest crime known to law. If he is guilty no punishment is too severe. We are not hero to deny that murder is a high crime and ought to bo punished. No loss than

lJ

times did the

prosecutor refer to tho state's lirmnesj and the defense's circumlocution. Men honorable and high in their profession who testified for tho defense, were led here by the ear you are told. All our witnesses are stigmatized as false and all theirs as honorable. Now the mass of witnesses who have been here for both sides, and tliey would have you believe they swore the truth for the state and perjured themselves for us. Tho trial here is not like tho trial before the grand jury or tho conference wliero a man may go into tho inner chamber of high tribunal and denounce his fellow for three quarters of an hour. The proseoutor referred yesterday to the deceused in pathetic terms, but if they hove auy more sympathy for her lying multilated in her grave that we have or that bereaved husband there they have not shown it in this case. They have followed him here and followed lam thuro but not one unkind word havo they brought forth from Pottit to his wite. They showed that there was trouble iu South Bend some years ago, ut tuat trouble was not between Pettit vA 'fv,"

Igggggg §S#iits

and hiS wife. Tnere wis a gray haired mother there ami here the contest was. B'lt how did this hard struggle end? Why he provided a house lor his mother and stayed with his wife, and they bring this up agaiust him. That actiou is worth a panel in the gates of pearl. The State hus spoken much of secrecy. There is i«. class who say that every time a man is seen with a woman that something is wrong. Thoy sit in evory town on *storo boxes whittling and comment on every lady who passes if sho bows or smiles. Yv'e hoard much of drift wood yesterd-'Y, of a groat, sic tin somewhere which had scattered ruin far around. Mo thought 1 stood on tho hind aiid saw the drift wood ilo iting by. Petor* and II iy wood stand near a^d as a (i tloats by Haywood cries out aghast

There p.oes that oit ihit sqiiM ikotli at ittlo Ground." As a buggy top went down he cries again: "Tin-ro goes the buggy in wnioh Mrs. Whitehead rode with Pettit from West Point." Again us a iuil reaches up Irom the briny •-vavo ho said: ''There goes somo person's hand reaching up to led. somo urcod sister of tho church." A leaf goes by and Peters cries: "Thoro are the beautiful colors bluo,purple and violet," and after this by he c.iu't roc ill them to save his life. A defense was inado hero yesterday of tho people of Shawnee Mound. Tliey needed none, no man can be very bad and live in such a place. It is God's country, a garden of Eden and a serpjnt is there. It is slander, invidious and deadly but disguised as of old. Something was said bv the State about David Meharry's being too old to testify and SJ they would not put him on the st-md. This is not true, they know he would testify against their side. Why, he is better able and can do more work to-day than any dudo that walks your street. They called Mrs. Whitehead a vile wretch—a conspiracy. If there was a conspiracy between Pettit and Mrs. Whitehead it was to bring Mrs. Pettit back to health. Consider the facts. It is a beautiful Sabbath day and she is summoned from her home and visitors to a sick bed. Like a good Samaritan she goes and thoy charge her here as an adulteress. When worn out with work she prepares to leave she is entreated by Mrs. Pettit to remain as she looks upon her as a sister. For this they indict her ..nd one cold dark night they drag her 20 miles across the dark prairie through wina and snow to the Tippecanoe county jail, but when the time for trial came the prosecutor said he had no case. Yet he comes here and charges her as a murderess. We were severely critized for the manner in whinh we put our hypothetical questions. Notice one thing though. We presented both sides and they presented but one. Notice also that one distinguished doctor of this city told them when they presented their hypothetical question to him weeks ago that he would answer it on the witness stand and lo, he was not called.

The colonel then related a number of stories calculated to depreciate the value of circumstantial evidence.

S TUBDAY MORNING Col. DoHart arose to continue his &pe jch at 8:30.

We are trying a case which sounds into eternity, in which a human life is involved. I will read from a distinguished author on circumstantial evidence showing the unreliability of it. Much of the evidence of the State has been of this character. Now let us come to some of the prominent points in the case. We have no right to form a hypothetical case which is not based on the evidence. The learned gentleman of the State told you how promptly their experts answered all the questions, but is that creditable to them when such a momentous question is involved? They should remembor that man is prone to be mistaken. Mistakes are as common as blackberries. 1 once went to a veterinary surgeon in ^regard to a lioree. He looked at tho mouth, felt his skin and asked all about his symptoms before prescribing. He used great care and diligence but somo men 1 am sorry to say go off half cooked. The exports ol tho State who had "read up'" for this case should not have their evi dence considered for much. Tne more I read about toxicology and medical jurisprudence the more I feel like Newton, who said when complimented for his knowledge of the universe, "I feel like a child gathering pebbles at tho sea shore while the great ocean rolls beyond." The corner-stone of tho prosecution is the chemical analysis. But admitting that strychnine was found in tho body that does not prove anything substantial, for Prof. Haines testified that strychnmo taken on Sunday might bo found in tho body on Wodnesdey, and it has been shown that tho strychnine taken on Sunday was given innocently or otherwise. Now I n:id from

Second Best on evidence to show thai medical experts have been much overrated. I thought of this passage when Dr, Peters testified that tho color was infallible. 1 will road you another high authority on this medical export evidence upon which you are expected to put a shroud on this man, (pointing to Pettit) to put a rope aroun his neck, to place him on a plutform and then send him to eternity. Tnis authority says some enthusiastic chemists stato that tlio color teat is infallible, but gentlemen the enthusiast is not the man of judgment. Ho nu\y be likened to soda water. This authority, Elwell, holds however that in the absence of tho bitter taste there can be no certainty that strychnine is present in spite of the play of colors, and yet Dr. Peters says this color test is infallible, has that attribute of the creator. Another author, Bly, confirms the above. Yet this infallible witness stands within a charmed circle and dare not approch to even touch the hem of his garment. Ho is tho great I am and tho smoke of his incense will go up forever.

Wormloy and others say that premanganate of potash may produce colors perilously close to that of strychnine and bichromate of potassium they say is even more untrustworthy, yet this infallible man used these two oxidizing agents in his analysis to pro luce his infallible tests.

Now lot us oonsider this infallible man in the light of the evidence.

must tell a few truths, Dr. Peters did I not get $25C simply for taking a pleasant trip to New York, but ho must have a body to examine, lie met an obstacle in tho sister, a noble woman, who had seen the body of Mrs. Pottit and who did uot boliove sho had been poisonod.

Thou Dr. Peters had to overoome this obstacle, and argued with Mrs. Shields that tho poisoning could not have boen accidental as there were several dosos. Now this is to show that Peters went there possessed and prejudiced with a theory. Now why didn't they say to Pettit that tho Stato of Indiana was going to make analysis of tho body aud ask hi in if ho would like to have a representative piesont.J Would not that havo been tho fair thing.' And they took tho ring off off tne iitiger without tho knowledge of Mrs. Shields. Was this necessary to a chemical analysis,' But they say if Pettit had boon notified of tho post mortem ho would havo iled the country. But has Pettit over tried tollee. Thoro is not the slighest evidenco to show it. He was found at Columbus aud carno without tho least trouble, the rcquisi-, tiou was not even shown, I woudor if Mrs. Shields knew when sho consented to the exhumation that her sitter's remains would bo left in a box at a liotol while Peters and Haywood played sevou-up. (going through tho motions of dealing) I don't know whether it was a dry town or not, but doubtless thoy sang "Landlord, fill tho llowiug bowl," playing cards and just came from tho grave! What respect does this show for the dead Yet Pottit buys a handsome casket and his wife buried in doceuoy and order aud thoy say he has no respect for tho dead. Peters said he had had two or three nibbles at poison cases and it will bo strange if he don't get something out of somo of them and this just before starting to West Monroo. Such words from a man who is to deal with the life of a fellow man are damnable. This analysis was made in secret, Pettit knew,nothing of it uutil the habeas corpus proceedings. Suppose that Chicago man had not found strychnine. Prof. Haines is beyond tho jurisdiction of the State of Indiana and if he had not found poiBon the State would not have oalled him and the defense could not. Now that is the reason Peters did not Bubmit the remains to Dr. Hurfcy, of Iudianapo lis, or the chemists of Purdue University. Peters did not ask Haines to look for poisons in general but for strychnine, He went to Haines in secret BO that if strychnine was found nothing need be said about it. Do you call that fair play? Mr. Anderson you would not have done that way. You sir, I believe would have given the privilege to the defendant of having a chemist presen I believe it my boy (and Col. DeHart patted Mr, Auderson son on tho shoulder approvingly. The prosecutor replied that he would see about that later.)

Dr. Peters did not swear positively that the woman died of strychnine but added that "possibly brusia was the cause." Haywood had to apologise for Peters, tha man of big brain, because his testimony was shaken by a little cross examination. On direct examination beiore any cross he testified the succession of colors was blue, violet and purple, and later in the same day said it was blue, purple and violet. This was before any cross examination. Again on Friday morning before auy cross examination he gave both these successions and yet swore that the color test is infallible.

I quote from Horton's medical jurisprudence by Reece to show that the course of the State iu conducing tho analysis is unfair and contrary to all precedent. And yet a jury of Montgomery county's noble men is asked to kill poor Pettit after such proceedings. May God in his inevcy never put you at the mercy of such methods. Seorosy is called by tha prosecution a badge of crime.

SARTKDAY AFTERNOON At promptly 2 o'clock Col. Dollart resumed, saying he had a few moro au tlioritios to quote on expert testimony. Tho authorities read, all roasted ia a way which must have delighted W. Fred's heart. Among others, Dr. Doremus, the great expert of Bollvuo hospital. The Bible was also road, Duet. 18-19,to the effect that by ono witness, a man should not bo put to death. (An derson here interrupted, asking tlio Col. some question on this authority and was rciorrod to Gay lord as the chaplain of tho defense and a seer highly versed iu tho Holy Writ.) Tho Colonel finish iug his quotations said ho had don with the experts who were frauds and shams He thou turned to Haywood and personally addressed him bitterly at length for not showing fair play to Pottit in not allowing him to navo a roprosenta ^ivo at tho analysis. Tho Colrmturned to tho jury and abused Haywood after winch ho turned to tho audience nud said "If your heart should speak you would leap to your feet aud denounce the whole prosecution, and you must do so when on your bonded knee before your God." Tho crystalize test of Peters was then attacked by quoting authorities who stitod that but little credence could be given to it. Tho physiological test cinnot bo trusted either say tho authorities. Peters in his testimony coniouuded tho positions emposthotinus and oposthotiuus calling tho latter tho former. This shows what ho knows, Tho bitter test was also relied upon by tho Stato, but romombor that Mrs. Pottit had also taken quinine, digitalis aDd morphine—all bitter, and tho quinine would bo taken up by tho same reagents, the chemists used in extracting what they called strychnine.

Authorities say that on no account should tho examination of tho bladder be omitod in the analysis for by its examination can it bo determined whether strychnine has passed through the cir culation or not, yet the Stato does not examine this. Dr. Haines told us by examining other organs it could not bo determined whether it had been placed in the body before or after death. All the doctors agreed thoro should have been congestion in tho brain and spinal chord. Woodman and Tidy stato that it is tho ono morbid post mortem appearance after death by strychnine I do lJonol says it is the most common post

not waut to say anythiug unkind but II mortem appoarauce. lieeao says it is

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tho most commonly looked for, and Taylor says the same only making it moro strong. Dr. Hillis tho most rising young physician I kuow, says, that if congestion is common in ordinary ises it must bo absolutely oortaiu after repeated as Mrs. Pettit is said to havo hid and Dr. Hillis encases tho wholo matter in a nut. shell. It is a rule, and just as sure as water runs, if Mrs. Pottit had died of stryohuiuo in repeated doses there would have been oougostiou of tho brain. Peters would not take tho brains to Haines. He took from tho grave and used J, whut became of tho other. Dr. Cowan said tho absence of congestion would raise doubt in his mind—even Dr. Cowan. Dr. Yount, another of their experts, says it is well nigh an invariable rule. If tho commonest characteristic is absent, it must raise a doubt 111 your mind. It is a groat principle of law that society is as such protected by freeing tho innocent as convicting the guilty and you niu&t boar this iu mind, it is tho theory of this Stato of Indiana that \theu poison «s given eritniually it is given in doses to kill at onoo and not to rack and torture. If the statements of tho State's attorney are true that man sitling thoro is worse than any savago that over roamed tho forest. This is morally impossible iu this laud of books and churches. To think that a man like Pottit could bo so hellish, so tomblo to tho wifotuat ho had always loved before. (By the permission of tho court Stuart thou road Mrs. Shield's letter to Pottit, sympathizing with him in his alUictiou aud udmouishing him to boar up bravely uuder the terrible charges. During its reading Pettit bowed his lioad on the table aud used his handkerchief while Mrs. Shields looked at him with her eyes full of tears.) Col. DeHirt thou continued, saying that Mrs. Shields then kuow Pottit's high cliaraotor, not having then boon tampered with by tho base prosecutor aud Peters. If sho had thought otherwise or if they had not known that Pottit had been allbotionato to his wife, they would havo investigated at ouoe. The prosecutor's theory is that Pettit was kind to his wife in public and cruel to her in private, but Mrs. Shields was in the family and knew that "you and Hattie lived and loved each other." The prosecutor's theory is a damnable, terrible, ambition asserting itself over justice and tho lowest instincts of humanity. Poisoners do not give poison and then emetics. Pettit did give mustard water however, before any one oame except Mrs. Whitehead. They say Pettit lied to Dr,

Yeager when he aud Mrs. Pottit had visited in a malarious oouutry. Now I don't blame George Ford for saying South Bond is healthy, but gentlemen just go there. It is in the Ivankakeo swamps where the bull frogo oroak and owls hoot, whore the air is thiok and slimy, where the inhabitants, yellow as pumpkins, crawl as sulky ghosts. Yet the pros ^cutor eulogizes this hell and goes back on tho grand old Wabash, stigmatiziug it as an unhealthy hole. Mrs. Pettit comes home from the Kankakee swamps broken down and poisoned. The prosecutor has complained that they stopped at David Meharry's with Pottit's paramour. Oh, think of the treachery of singing tho songs of God there at the piano with his wife and Mrs. Whitehead. When his wife becomes sick later in the evening why don't he send her home by herself telling her he will stay and sing with Mrs. Whitehead? It is only a little way. That's what a murder or an adulterer would have done, but Pettit goes homo with his wife. It has be9n tho polioy of the State to magnify tho shortcomings of Pettit because he was a minister, every act is magnified and stigmatized. I do not believe in perfection in man. We all wrong somewhere, and when over 1 see a man looking for wrong deeds of others I think of the green flies that look for tho sores on a horsh aud thou light upon them to sting. Now

LC'ont inucd of page S.)

Oatarrhv^an't Bo Cured

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(1OM«

Xlioy aro strictly vcgotablo and do not gripo or purjfo, but by thoir gontlo action pleasoall who

thorn. In yialsftt 25conts live for

$1. SOLA

"Y druRgieta everywliexo, or Bout by mail.

.^CARTER MEDICINE CO., New vo»h

SMALL PILL SMALL DOSE. SMALL PRICE

TO WEAK MEN

Buffering from the effocta of youthful orrors, early doc/iy, wanting weaUucaH, lost mauhooil, etc., I will (tend a valuable troaUeo (Bcaled) containing fulj particulars for lioruo cure, FREE of charge. A splendid medical work should oc road by every man who is norrous and debilttCM. Add rets. Prof. F. C. FOWIiliii. Moodus. Copjj,1

DR. SANDEN'S

ELECTS?5G BELT

orltKfrUM)

Jlur*

WITH SUSPEHHQI1Y

FdR/M^V^nHJLY.

AHO

WH Ct'AU-

IMPROVED ^.

^WEMMEN

UKItlMTA'I ID (iiriMiith IS* IJJSi'llkTIONS or K\("KSHK9

AN'TFP to CUKlfl hy thliNtw

J3*CEUCTR1C

BELT AND $U$PEN$QR¥

TTii-** SIONKY, Miule for thin iporllio pur.

'osv, Curo of OcficrntUn Ri\ Ing Krrfl) SIMil, Nonlh' t'oiitiiiiimiN um-nU rf l\li'Hrlcltv through nil WKAK IM UTS, n-BtoriiiK them X» 111:A N nml VMJOIUM HTHKNUTJU fclt'Clrlf rtirrciit. Iii*lunllj-, or uu forfeit in ca«b« UKI/1 nnd Miifcpi'tiMiry riimplrii' nml ui. Wor#l esses Per" lt«. fci-nU'f) D&Qiuhlot Free,

ml int.

PIHIICIIIIT nr«'«i IN tlirro I!iwith«. SI -nU-f) N&MPHLOT Free. &A"ND£N ELE0TRT0C0., iGULasall.tju. CHICAGO,I

iu.

Diseases of Women

AND iSUKUKItV.

Consu.latlon rootnt over Sm'Mi's (Jruf store, South Washington Street, Craw* (ordsvllle, Indiana,

This means the number of Turnbull Wagons we sold. The only wagon with one year's guarantee from the maker. If you don't believe this ask any other agent besides Cohoon & Fisher to show you printed guarantee signed by their Company. '-'-..s

Lots of Stoves and plenty of Hardware '/atthe Lowest Possible Prices

COHOON & FISHER

T. R. ETTER, M. D.

MSI

.•T f, i, i1-