Democratic Sentinel, Volume 11, Number 42, Rensselaer, Jasper County, 11 November 1887 — NOT GUILTY. [ARTICLE]

NOT GUILTY.

(Continued from last week.) Mrs. Elizabeth Pre watt- - Was in corner of door yard nearest djft’s house, during part of the occurrence; saw woman comeout; heard talking;heard men laughing;heard shot; saw people od vacant lot; heard little girl say ‘Ma, don t do anything more, let’s go to Mr. Shead’s;’ didn’t hear def’t say anything. Dr Alter — Known def t since last Dec; did washing, ironing, etc., for witness’s family; had treated her for felon on finger, erysipelas on foot and for lung fever; also had heart trouble, couldn’t say if chronic; think she is deatin both ears; never knew her to use eartrump’et; think she had lung fever latter part of April; is not a rugged woman. W. B. Austin—Dolt’s ear trumf>et was bought at instance of her awyers, to facilitate consultation with client. Jerry Hess—Brother of def’t; her age, 29 years; she was born in Champaigne county, Ohio; mother dead since she was 2 years old, fath r since 6or 7; she married Andi ew Rutherford at 19; always visited def’t when in town and bro’t provisions; know Jas. Hilton, is a second cousin, is unmarried and works by tne day. M. W. Watson, lawyer—Knows defendant: house about 190 feet from fier’s; her occupation washing, &g. ; done washing fog wi|©«ss’ family. . o Mrs. J. W Powell- Deft waihed and cleaned house for witness Mrs. I. C. Kelley—Lived next door to def’t II years previeus to latter’s removal to house where shooting occurred; her occupation was washing and sewing. - - Mrs. T. P. Wright and Mrs. J. \V. McEwen, also neighbors of def’t before removal last winter testified to her occupation. .( : s C. F. Herding—Def’t did washing for him about six weeks before shooting; witness is married, don’t live with wife; took washing to def's and went after it; was at her house night before shooting, perhaps 20 minutes; getting dark when went there; went in at back door, light in house; went by way of oil well; sat in front room, saw no one in .ouse but def’t and little girl; girl soon went to bed; knocked at door on entering; doors of house all open; had no particular business, went mainly for a little visit, but

partly for a tape-line left on a former visit; def’t wore what seemed to be working clothes, light in color; talk mainly about deft’s cousin, Hilton, and a letter just received fr.mi him; Steele came to house, first saiv him in back door, one foot on step, other in door, chin in hand didn't hear noise or alarm at door before saw Steele; def’t asked witness who-Steele was, said didn’t know; def’t said ’‘who’s there?” Steele left door and def’t went out; def’t came back soon, Steele folowed; don’t know what all was said; Steele wanted to come iaaud def’t said no; *aid she had company and they could see him; Steele said he didn’t care a d—n who her company was, but if he could eome next night would g® away; def’t said he could not come back; Rhoades came to door, deft called witness to tell the men what he was there for, went to door but don’t remember what he said; def’t and Steele talked togeth-

er, he said, in effect, didnt want to bother witness and would go aw >y if permitted to come back next night; said she didn’t know him, he could not come; Steele said in profane, obscene language, he had relations with def - before; def’t cried and said to witness,. “Charley, you don’t believe it, do you?’ witness said he did not know; deft said to Steele, ‘,t’s a lie,’ and pushed him out, then went out after him, came back in short time; witness told def’t thought Steele had gone away; didn’t tell def’t who S. was, altho he knew him; in 3to 5 minutes he came back to door; said he could prove it; def tsaid he ce’d not prove it, teld him td leave, he

i cculd not come back, pushed him out with one hand and shot with i tb.o other; ihinks S. stood one foot I on step, other uiside house, fired aS S 1 tarted from door; witness ran out, raised his head and said, ‘My God, you’ve shot him! what made you do it'?’ def t said, ‘I didn’t mean to do it and will give myself up; don’t know when def’t left house; when ho reached deceased he lay face up, feet towards door; def’t said to dec’d, ‘you drew a knife on me’; to witness, ‘you caused those men to come here and I want you to leave’; jitness denied this, as did Rhoades and Steele, they saying that witness had nothing to do with their coming; def’t asked witness to state on honor as a man; if he had ever known anything wrong in her conduct, witness said had not; def’t asked Rhoades sime question and received same ar swer; asked dee d same question, and he said had had rel tions with her in her former house, and could prove it; def’t said he couldn’t prove it, told him to leave, that he could not come back, then pushed him out with one hand and shot with the other; knife was picked up, very close to dec’d, think Rhoades picked it uo, it was open; Rhoades took the knife; vitnessand Rhoads made no effort to get dec’d to go away before shooting, did not aik him to go. Cross-examined—Had not'seen de t very often; didn’t hear men laughing outside, nor talking, etc. James T. Hilton, second cousin of deft.—Mother lives in Keener township; she generally stops with defendant when in tow >; witness stops sometimes;’all night sometimes; saw Harding there once at. 6 p. m., 2 or 3 months ago. Hannah Rutherford, defendant Mentioned neighbors at place of shooting, occupation, famuy, On day of shooimg did big waeb* ing, sawed box of wood, carried barrel of water from river, houses wot , ®c., suppnraso q ctoCKjCtoors all open in evening or neighbor’e house* caxFi be- see* £KaMP back door; evening Harding came; don’t remember if he knocked at door; little girl was in bed: had washed for Harding 6 or 8 weeks: a light was burning: 15 minutes after Harding came, heard man at back door. (Witness related about asking who was there, going out &c. A man [Steele] came up to me, showed knife and said, ‘I can fix you up with this in a minute, you have a man in the house.’ He tried to come in, said ‘By G—d I» Te you before and am f;oing to do it again.’ I said you ie. I went out, man took hold of me, said, ‘l’m going to tonight or come back aid split your d—d door down.’ Went in house, got revolver :<he came in, I pushed him back: I + ook his arm he held knife with, pushed him out and shot, not to kill but to defend myself. Left the house right after shooting: showed bruise on my arm where he struck me to Austin, O. A. Yeoman, Steve Miller. It s+ill hurts me. Side of house house where he took hold of and

struck me was up the river. It was after deceased had been to the door twice. Did not know the man I shot, never saw him before as I know. Kept gun on safe, had it 3 months, bought of Mose Tuteur for $1.50. I shot' to defend myself from outrage and life; had no hope of assistance; the other men ap- ? eared not to care what Steele did; didn’t want to kill the m.m. Cross-examined— Am 29 years old; could hear whatdec’d said, he talked loud; noise first heard was blow on house, 10 feet from me. Harding was a frequent visitor; do not remember that he ever called to spend »he evening, came with washing and sat and talked, known him 6 or 8 weeks; knew Bhoads by sight, he said nothing to offend; did not say to d*c’d ‘I don’t know you’; am used to pistol, shot at min during fair time; got gun after 1 was struck, didn t complain of being struck; don’t remember asking Harding if behev ec j Steele’s statement, hot that I s a jd

You ean’t prove it’ nor whether I charged him with drawing a knife; went out door twice; he took knife from right pants pocket; wasn’t afraid of knife but of outrage I asked Harding to take man away, they talked and paid >o attention; did not ask again because I was afraid of the knife in plain sight, he said he would strike; was afraid of outrag when outside; made no outcry; shot to ’'revent rape and using the knife; didn’t shoot at any body; didn’t think of effect, but shot expecting to hit but not to kill, pulled trigger purposely, cocked pistol just before’shooting, laid it back on safe; T shot to def nd myself.’

W. B. Austin—Examined black and blue spots on deft’s after shooting; thinks they corresponded with a man’s knuckles, etc. A. O. Yeoman, deputy sheriff — Thinks she told of bruises that night or next morning; can’t say how made unless by a person’s knucxle’s.

Jerry Hess and Steph. J. Miller also testified to seeing bruises. Mrs. Shead —Knows Rhoades, he came to her house a little after shoot ng; thought he acted like a man drunk trying to appear sote.r; smelled his breath, think it was Doot whiskey; thought he took it cool; he came after a light. Bertie Morris —In company with other young ladies met Rhoades and Steele going to oil w r ell; they did not stagger in walking; think .hey were intoxicated. Wm. Pierce —Saw Rhoades and dec’d in Carew’s saloon; thinks Rhoades was pretty drunk; tho’t Steele wa in about same condition. W. W. AVatson—Sa v Rhoades 10 minutes atter shooting; thought h j was under influence of liquor. Rebutting-Mrs. Steele: Husband was right handed man, etc. Father of dec’d also testified he was right handed. E. E Quivey, den ist — On objection evidence ruled out. Earl Reynolds—General reputation of deft in neighborhood where she lives for morality, is bad. Crjss-exarrination showed witness to be 18 years old and son of an ex-saloon-keeper. Allen Catt, carpenter and contractor -Not acquainted with general reputation of def’t.

J. W. A-uvall, resident of Rensselaer for 31 yrs; J, R. Vanatta, harness maker, Rensselaer, 7 yrs; G. B. Steward, ins. ag’t, all testified that they knew deft’s reputation for morality was bad. Cross examination developed the fact that thes Q witnesses had all heard and believed the false tory that d?f’t had on e kept house of ill-fame in Monon; that they all didbusiness in same building; that their belief in bad repute was based on what people about town said of her. John Halliday, Fair Oaks, section foreman, night-watch in Rensselaer 18 months; deft’s reputation for peace and quiet bad. (Question as to knowing of men congregating at deft’s house ruled out.) Witness had drank glass of beer an hour before testifying. Defense, sub-rebuttal—Geo. J. Dexter: Lives now on Judge Hammond s farm, near Rensselaer Jived across street from def’t for a year, her general reputation for morality is good; never saw men about her house. Mrs. Dexter also said general reputation was good. Had heard that def’t shot at a man at Fair time. Mrs. Jas. W. McEwen—Lived next door to def’t nearly 2 years; general reputation good; never saw men go there at night; based her opinion as to general reputation by w at she knew of def’t, not what people said Had heard rumors but always tooK deit’s part. Knew that def’t had shot at a man when riving near witness’ house; def’t told that a man came at night and wanted in and that she shot through the window; def’t had been advised to slxot by a lawyer. Mrs. W. C. Shead —Lived near def’t since last winter; general reputation was good ;b ad never talKed with any one about def’is moral character, and Knowledge of def’ts general reputation was based on what witness Knew herself. Was not governed what people say. James W. McEwen, editor anc publisher—For 1| yrs near neighbor of deft. Her general reputation Witness had . heard' rumors, an : ?/:vea observa-

Hod todeft’ngeneral condwctrwit-’ nose thought he could judge as to a house of ill-rupute; took no stock in rumors. Def’t was recalled and testified that she had nev»r lived in Monon. John Ball, of Monon —Said he had resided here for thirty years; defendant was not the woman that had kept the house of ill repute. Prosecution eonceded|(he point. After arguwedt by counsel, and instructions from the Court, the jary retired, and in a very few minute > returned a verdict of ‘not guilty.’ At the suggestion of one of her counsel, Mrs. Ruthfurd, as a free woman, accompanied by deputy sheriff Yeoman and wife, and three or four ladies, old neighbors who sympathised with her in her misfortune, she returned to the jail intending to remain till next day, bat the anxiety of her brother-in-law to start for his home in Ohio, and the objection of Mrs. Sheriff Yeoman to her remaining as a guest, she consented to depart the sa«ae eveningT* There was no necessity, we think, for proceeding to Pleasant Ridge. Our neighbor refe Ting to her departure, says: “Whatever be her guilt or innocence and whatever be her character as a woman, it certainly is better for tnis community to have her out of it for all time.” — This is certainly a most unjust and unmanly expression. Steele was lhe aggressor and suffere'’ the penalty; and a Jasper county jury has said to our women: “You are not requir d to tamely submit to the violence and indignities heaped upon this woman; you may resist it, to the death if necessary and go free.” Our neighbor liad better reversed his sentiment, and applied it to the man in the case. Since the trial Steele’s hat was found in the water barrel close to the door, which goes to show that he had not started to go away wlun shot.

Many of the whisky bottles referred to by the Republican had belong’d to parties who had thrown them away about the oil well, after draining them of their contents, and collected by the little girl, who expressed to the neighbors her intention of disposing of ,hem and investing the pjoceeds in a pair of shoes.