Democratic Sentinel, Volume 11, Number 41, Rensselaer, Jasper County, 4 November 1887 — NOT GUILTY. [ARTICLE]

NOT GUILTY.

We were not present during the progress of thecause of the State vs. Hannah Rut herb ml for the shooting of John B. Steele on the evening of September 14th, 1887, bei g barred from the court room by an order excluding witnesses therefrom, and are therefore only able to give our readers a condensed statement from the best sources at command. On Thursday of last week, just before noon, the work of empannelling the jury began, and before adjournment of court in the evening the jury was completed, and comprised the following named gentlemen, ‘good men and true,’ honest and intelligent: John Mirtindale, Newton twp; Wm. McElfresh, Barkley; T. H. McCullough, Gillam; Jas. Sheetz, Carpenter; C. G. Austin, Carpenter; David Culp, Hanging Grove; Fleming Phillips, Hanging Grove; John Tillett, Gillam; Harvey W. Wood, Marion: Jay E. Lamson, Jordan; W. L. Rich, Carpenter; John Baker, Newton. Attorneys for prosecution—Prosecutor Marshall, Dep. Pros. ]as. W. Douthit, Col. R. P. DeHart, of Lafayette, aad M. H. Walker, of Fowler. Attorneys for the defense —Chilcote, Hammond and Thompson. TESTIMONY IN BRIEF—FOR STATE. Coronor Blue testified as to identity of pistol with which sh ooting was done. G, E.Marshall—Was shown a revolver on night of shooting said to have been got im defendant’s house; couid not say positively that Distol shown in court was same or not. E. P. Bitters, physician—Called to attend Steele soon afier shooting; found him on v icant lot near Mr. Shead’s house, short distance from defendant’s residence; body, warm, but life extinct. Found bullet hole in back of head, and swelled out place in forehead. — Death must have been almost instantaneous. Examined weund very closely, could find no singed hair nor powder marks near the wound. W. W. Hartsell, Physician^— Made post mortem examination; described course of bullet from back to front of head; examined wound closely, bat fo»nd no powder marks or burnt hair. W. B. Austin —Identified revolver as same he found in defendant’s house and turned over to coroner; went to house at request of defendant to put out light and close up house. Cross -examination by defense —Couldn’t say how gun laid when found; was in open view; light burning in front room; house has front and back door, and inside door o» line with these. House about 16 x 24; beds in house made up; small shed juts out from part of house. Witness related what defendant said to him when he saw h?r in jail soon after her arrest: Said she had shot a man, didn’t know who, was sorry, and didn’t intend to kill him. Asked witness to telgraph for Jerry Hess, her brother, andSteph=n J. Miller, her sister s husband. Defendant seemed much distressed. She said she was in her front room talking with Chas. F. Harding; saw man at back door; called out vho’s there; went to door and saw another mar, told them to go away and not stand around my house, it makes people talk and say bad things about me. Man said, “By God I’ve before and have come to do so again.” He also said, “You have another man here.” I said, “Charley ?ome and tell these men who you are and what here for.” Charley told man he oughtn’t to talk that way.” — Steele said, ‘Let her keep her (bmn gib shut’ She went outside of

house, near window met Steele, j He caught hold of her and she saw knife in his hand. He said, “By God you’ve got the ( ); I’ve something in mv hand I can fix you up with.” She also said Steele struck her on the shoulder. She went into the house; Steele followed; she stood inside, in door; Steele partly in door, to her right; M V. R oades outside close by, leaning against water barrel. Steele said he had before, and could prove it; she said he couldn’t, took hold of him, shoved Irm out and shot. Said she shot to protect herself, and didn’t intend to shoot him. Austin said he had been at house in day time since shooting; was a step at back door, below, and front of this a flat rock; back of house is near river and ground descends toward it. Def ndant said she knew Steele meant to do her harm. Re-direct —Talked with her in jail about 15 minutes; had several interviews since; didn’t r«-member seeing def’t on steps of Hsmmond & Austin’s office 7 or 8 days prior to shooting, and hearing her say “I’ve got a revolver now and will fix the next one.’ M D Rhoades —Knew Steele a year or so; , aw him last alive, evening of Sept 14,1887, at back door of def’ts house; saw him same day at C R Benjamin’s funeral; also about 7 or 8 o’clock in Carew’s saloon ; did not go in with him, he was already in; play 3 games pool with him, then drank some beer; left saloon with him, and walked to Liberal Corner; Steele said ‘Let’s go to Coal Oil Wei!’; went to well; he said let’s cross and go down on other side’; crossed ®n rocks below well in rear of Shead’s house; Steele proposed to go into def’ts house, witness said no use to go, but they went; Steele did not say what he wanted to go to house for; went through or udd r wire fence, approached house from rear; 8. wen* to back door, it was open, - o’d see no light in house; a little shed is back of house; Steele went to door, heard talking, said ‘some one in there’; we went around corner; defendant came running after us, told Steele to go away and stay away; she said ‘I know who you are and want you to go and stay away’; don’t think she called S by name; they started towards back door, S talking to her; she spoke sharply; def’t called Harding to die door; witness talked up and talked with him, at left of door; don’t Know what h? talk’d with Harding about; S and def’t were talking, she in the house, he inside, he inside or one foot in and other on step; S and def’t seemed angry he said he had had relations with her and could bling man next night to prove it; next time noticed S be was 2 steps from doou, then revolver was fired and I looked at the woman; Harding ran out, lifted up bend of deceased in his lap and said ‘My God, you’ve shot him’; she said ‘lf I have I am sorry for it and will give myself up.’ Witness went into house after light, took it back, he and Hardfog carried dec’d towards town 150 ft or so; he then ran to G M Robinson’s house, called for him, Town Marshal Wood came, and the two went back to Steele; Wood smarted for physician; witnes went to Shead’s house and got a light; def’t was in Shead’s house, also de '■uty sheriff Yeoman; got back to Steele people were there with light and stretcher; was near when Steele and def’t were talking; thinks he heard all was said; did no seehi*>; have "weapon, saw knife after he was shot; Harding called attention to it; didn’t hear def’t say anything about S showing knif-; was 3or 4 feet away, def’t stood in door or a Kot or so back; witness stood by door jamb; Steele 3 or 4 feet from d 'f’t going away when sho,. was fired; fell not more + han 3 steps from door; did not speak nor groan after tho shot; thinks this was about 8 o’clock; about dark but could see pretty well; first knew Harding was in house when < es t called him out; Steele was about medium size; after h? said he had had relations with the woman it was only a few seconds before he was shot. Cross-examination—Eicited little more than that Steele didn’t start away when ordered; witness nor Jtiardiug did not protest against language used by Steele; didn’t remember all was said, was badly scared; knife was open; witness shut it; thought knife shown in c urt was sanm: Harding said “Xhwe’n mib kmxe.”

The testimony of father, brother and widow of deceased, and Sheriff Y»oman was unimportant Frosecution rested. DEFENSE. Dr. W. A. Sarber. Physician, Indianapolis—Known def’t since 1883; called to see her, when sick, in Indianapolis; she left there about two years ago; knew he*' husband, Andrew Rutherford; she has always been deaf; her health always de’icate; catarrh, nervousness and heart trouble; occupation washing; considered her industrious; general reputation for peace and quietness good; did not think her strong enough to do washing, ntc.; understood she left husband on account of failure to support; came to his house for food; witness’ wi e knew def’t, latter often called at his house. Benton Lefever, c .rpenter, Indianapolis, knew def’t from ’B3 to ’BS; sewed for witness’ children; families acquainted; occupation, sewing and washing; reputation for peace and quie ness good. A. M. Pierson, carpenter,lndianapolis, knew def’t years; reputation for peace and quietness good. Cross examined —Husband abused her. Neighbors said she was peaceable: is deaf; never heard of her having a quarrel Mrs. Pierson, wiff of last named witness, gave corroborative testimony. Mrs. W C Sheaf, Rensselaer— Live 275 feet from • ef’ts house; no obstruction between houses; def’t borrowed her tub that day; did big washing and saw her carrying water from river,a longtime,towards suauown; saw def’t about 5 minutes after hea -ing shot; tho’t shot was from oil well; def’t arrested in witness’ house; present when arrest was made; little girl came with def’t; did not try to conceal herself; walked from room to room throwing up hands. W. C. Shead, husband of last witness—Know of the shooting; saw def’t borrow fob and carry water; dog barked and went to see what at; saw 2 men go across vacant lot, crawl’d through wire fence and went to side window of def’ts house and looked in; men went around corner to back door; came back soou and a third person was with them: thought it was a woman; heard a woman’s voice say, “I tell you to go away from my house; don’t seem more than | minute after shot before defendant came; heard little girl say “let my ma alone.” Willis Prewett—Live 30 or 35 steps from def’ts house; was in corner of front yard when occurrence of Sept. 14 took pl ice; def’t came round back she 1, heard her say: “Wlv»t was you doing at my back door?”; spoke angry; a man walked down the river; whistled twice; heard one say, ‘let’s have some fun any how,”; after man said “L-t’s . ave fun” it was not more than 2 or 3 minutes till shot; witness described dresses worn by def’t; heard Harding’s voice, etc. The late hour at which we could secure any of the proceedings in the case, not being permitted to be present, we must of necessity continue in next week’s issue the remaining portions of the testimony.