Indianapolis Journal, Indianapolis, Marion County, 11 June 1893 — Page 2

THE INDIANAPOLIS JOURNAL, SUNDAY, JUNE 11, 1893

We win cootinuo to do onr fall duty towards our clients." Mr. Kealin was asked if ho bad hoard the- statement alleged to have been mads by Hnttie Mitchell, in which she claimed thftt she had seen the defendants enter the drug store and heard the shot fired and then saw the defendants run from the store. Mr. Healing said he bad beard that the girl had said that, bat it was not in testimony before the jury when they gave their verdict If the case goes to the Supreme Court there will be a voluminous record that will have to be prepared. There have been about eighty witnesses examined, which will probably make a transcript of over six hundred type-written pases, and in addition to this a portion of the argument of Prosecutor Holtzman. to which exceptions were taken by the attorneys for the defense, will be included in the record to be considered by the Supreme Court. If the case in appealed it will take several weeks to prepare the transcript, but it will probably bo taken ud at once by that court. A reversal is the only hope of the defendants, and that seems tu be bat a very slight one. THE CLOSING ARGUMENT. Prosecutor Holtzman Handle th Question of an Alibi Ills Last Word. When the court convened yesterday morning there was an unusually large crowd assembled, from the fact that it was known that the court would nstrnct the Jury daring the forenoon. There was a little delay entailed by the absence of one of the jurors. J. E. Eisenbaur. of Wayne township. Kisenhauer is a raiser of strawberries, and his enforced absence from his farm on account of being on the jnry has caused him considerable loss from the fact that the berries ripened faster than they were picked when he was not present to supervise the work. There was considerable joking about his late arrival, it I cm said that he had concluded to remain at home and pick strawberries. A few minutes after 9 o'clock, however, ho walked into the court room and Mr. Holtzman took up his argument for the prosecution where it had been dropped the evening before. Counsel for defense had laid great stress upon the doctrine of reasonable doubt and the prosecutor read from authorities upon thin joint. He then took no the question of the attempt to prove an alibi. Heading from a decision of the Supreme Court, he said an alibi, when ono is attempted to be proved, should be rigorously sifted and closely scrutinized, but when proven by reliable witnesses is a good defense. Mr. Holtzman argued that the alibi in this case wouldnot stand for a moment in ttie light of reason and was not supported by reliable witnesses. He then spoke of the discrepancy iu time between the testimony of the express company clerk Seibert as to the timo McAfee-was at the express office and the testimony of McAfee's parents as to the lime be left the house upon the night of the shooting. In speaking of the measnreof the pnnjshnjent to be meted out to the defendants in case they were found to bo guilty the prosecutor said: If the cold-blooded murder of Charlej Kyeter does not call loudlr to you, gentlemen, for the uiaxlmum punlobuient allowed by law, then I know ot no case where the maximum punlahinent should bo atlixed. Go with me to the drug store ot Cbarle Eyster, on the evening of the 14th of April, the day that he and his wifo were celebrating bis twenty-eighth birthday and the third anniversary of their first meeting stay there and listen to thin loving couple talking over that first meeting, and their courtablp, and love, and marrlaze. and LUten to their dreams of joy and happiness that had blessed their home, and the hopes and tcougbt that their love would ripen into a richer and deeper affection with the gathering years, ami think that while the kiss of love which he had imprinted upon her lips was vet warm he was knot down by the ruthless hand of the. aaatln. "Then let us to to the bedside of the dying yster, where he Is in the embrace of his loving and heartbroken wife, whose scalding teara are falling thick and fast over his face, and hear him exclaim: 'Oh. Maida! how can I die and leave you and never see my baby! And tliere write your verdict." CHARGE TO THE JURY..

Explicit and Unbiased Instructions Given by Judge Cox. ProsecutorHoltzman concluded the argument for the State at 11:15 o'clock, and the jnry was given a few minutes to walk about the room and stretch their weary limbs before again soatinz themselves to listen to the mstruotions of the court. Uefore the argument had begun last "Wednesday the defendants' attorneys bad submitted to the court some epacial instructions which they asked be given to the jury and tho assembled crowd was anxious to hear the instructions and learn if possible from them what the probable verdict of the jury, based upon the instructions, would be. A minute or two after Mr. Holtzman had finished J u da ft Cox summoned the jury be fore him and delivered the following charge: Gentlemen of the Jury 1. The indictment in th! ca charges that on the 1 1th day ot April, iu this county and State, the defendant. John I'arker and Ltlward McAfee, did purposely aud with premeditated malice kill and murder Charles W. Kyuter by shooting him with a deadly weapon. To wit. a revolver pistol, loaded with pun powder and leadcu ball, and thereby inflicting a mortal wound irotn which he died. To this charge, so preferred nuainst them, the defendant, upon belnc urriL'ued, entered ple.iH of not truilty, and the burden rust- upon the Mate to prove liio material allocations of the Indictment Lcjoud a reasouublo douM iu order to justify a conviction. U. The deleudant are jointly indicted and are beiuj? o tried, but you lll Lave autbority.depei:llni: upon what farts jou jhall llnd to be established uy tlit evidence to cuuviut botU or ac;uu botb, to e.ouvict one and acquit another, or to una one guilty of a rreuter and the other of a lesser decree ot homicide; in other words, the cae as It relate.- to each defendant should be considered upon it merits. 4. ibe law of this Matu provide that, "Who ever purposely amd with premeditated malice or in the perpetration of or atteir.pl to perpetrate, any rune, araon. robbery or burglary, or by adruiiiiMerlDtr poison or causing tno same to be done, kills any human bein. is guilty of murder In the first decree, and, upon eouvlctton thereof rhalt sutler death or be Imprisoned in the State prison during lite, in the discretion of the Jury. - it. The statutory provision which I have jiut ret out, dehnes the fclgaest rude ot felonious homicide, and to constitute this crime the element of purpose, malice and premeditation uul concur In the killing, Uy premeditation is meant that the slayer, before the kiliiiur, had t:uie and opportunity for deliberate thought; and If, having these, ho conscious!)' conceives the Lomiridul thought, meditates upon It, and deliberately tonus the resolve to kl.l and does kill, purjHoely and maliciously, no matter how noon thereafter the act Is committed, it Is murder in the tlrat decree. l. The law of this Btato further provides that Whoever purposely and malniously, but without premeditation, kills any human beinc. Is guilty ofm uruer in the second detrreo, and, upon conviction thereof, shall bo Imprisoned la the &tato prison during life." 7. You will eo that under tho statutory provision deiluin? murder lit the second decree this oe use is one where a purpose, deUu. or lntentiou is formed by the slayer to kill a Lunmu be ice, and the act of killing is done with malice, but w ithout premeditation. 8. Another provision of the law of this State. U, that -Whoever unlawfully kills any human being without malice, express or implied, either voluntarily, upon a sudden heat, or involuntarily, but In the commission of some unlawful act. is guilty of manslaughter, and upon conviction thereof shall be Imprisoned in the State prison not more than twenty-one years nor less than two j ears." J. Manslaughter, as thus defined by tbe statute, is either voluntary or involuntary. If the killing be done Intentionally, upon a sudden heat, without malice, without lawful exalte. and before tho passion has had time to cool, tho act is voluntary manslaugh:er, but if the killing be dene unintentionally, hut in tbe commission of an unlawful act, and without malice, it Is involuntary manslaughter. 10. Malice, within the meaning of tho law relating to felonious homicides. Includes hatred and revenge, and also denotes an action llowlng from any wicked and corrupt motive, and attended with such eircunistatu-es as plainly indicate u heart regardless of social duty, and fully bent on mischief. It may be proved by direct cvideucf. such as of prior threats, scekiug an opfioriunity to do the act. or the lUe, or 1; may bo mphed from the act f killing, it the act is done purposely, and without legal excuse or ieasouable provocation. 1 1. A -r"OU must bo held to Intend the natural and probable consequence of his acts. Mud If a homicide 1 perjet rated iiy the intentional use of a deadly wcuboij, miacha manner as U likely to and actually does produce death, the presutntlou is that the klillii wan maliciously done, and the offense Is murder, unless the act was committed in telf-defense. In which case it would not be unlawful, or unless It was committed In sudden heat, in which case it would not bo more than manslaughter. 1. AH persons who participate In a felonious LoulcMe, either as actual perpetrators or, being present at the time and pUcs of tho homicide, in

any way assist, aid, abet, counsel, encourage or contribute in Its perpetration, are guilty us principals in the crime. Mere presence, however, without In some way assisting or participating In the commission of the unlawful deed, docs not render one guilty of its perpetration. 13. If, upon considering tbe evidence in this case, you should llnd that tho defendants, in pursuance of a common design and purpose to unlawfully kill Oyster, went into the latter's store on the night of April 14, ltjJ3, and there one of them. In carrying out said common design, shot said Kyster and killed him as charged iu tho indictment, then both tho defendants aro principals. If the one . who did not actually do the shooting was present aiding, abetting and assisting in said act. or counseling and advising Us commission; and if you should llnd that the killing was done without provocation and with premeditated malice, both defendants aro guilty of murder in the tirst degree. 14. If you should dud from the evidence that the defendants, on the night of April 14. 1813. together went into tho store of Charles W. Kyster, and that one of them, without tho knowledge of the other, intended to unlawfully kill JJjster, and did unlawfully shoot him mortally, without the aid, consent or connivance of the other, the latter is not responsible for the homicide. 15. Or if you should dud that the defendants together went into the store of the deceased, Charles W. Kyster, without any prior common purpose or previous understanding to slay him, but while there, without any provocation or excuse, and in a spirit of wanton wickedness, one of tbmn purposely, premedltatedly and maliciously shot and killed Kyster with the knowledgo, consent, encouragement and connivance of the other, then both are guilty of murder. 10. Kvidence of conversations tending to prove admissions by the defendants has been introduced In this case by the btate, but such admissions, if you dud that any are shown, are only to be considered against the party making them. You should consider evidence of this character carefully, for the reason that the language may not have been correctly understood, or the meaning correctly given, and also because the whoie of such conversation tending to modify or explain the same may not be given by the witnesses; but admissions freely made and precisely related iu evidence may bo found by tho jury, m the exerciso of their judgment, to be deserving of the full weight which the circumstances Justify. 17. Tureats made against the deceased by one defendant, if any, upon his own volition, aud because of some real or fancied grievance personal to himself, should not be considered by you as evidence against the other defendant; nor should you consider, as against either defendant, evidence of threats against persons other than Kyster, if any there be. But if you should dud from the evidence that threats were made by tho defendants, or one of them, against Kyster individually, or against ail persons concerned in a prior arrest of the defendant who was alleged to have made the threats, and that ho intended such threats to include the deceased, Charles W. Kyster, then you may consider such threats to the extent above Indicated in this instruction. IS. A mere running away by n person from the scene of a homicido Is not of itself, ot course, sutlicieut to convict such person of the crime, but it must be further shown that such person was present at the commission of the crime and in some guilty mannor participated therein; but the running away by an accused from the scene where a crime has just been committed, if such be shown by the evidence, is a circumstance which you are entitled to consider in connection with tho other evidence and you will have a right to determine that the weight of such circumstance depends upon what other incriminating facts are shown. If any. ID. Kvidence bus been introduced in behalf of the defendants tending to prove an niibl, and if you should find upon considering this evidence that it is sutlicient to raise a reasonable doubt in your minds as to whether the accused or either of them were at tho place where the alleged crime was committed, then the accused, or the one as to whom such doubt arises, if it arises as to any, is entitled to acquittal; and the failure of either dereudaut to accouut for his whereabouts during all tho time within which the o lien so might have been committed is not of iteelf a circumstance tending to prove his guilt, but a failure of this character may be properly considered by you in connection with any other evidence in the case tending to prove guilt, if you llnd that there is such. JV. In determing what weight you shall give to the evidence relating to the identification of the defendants as the persons who are alleged to have committed the crime charged in tho Indictment, you may properly consider tbe elements of the weather, the time of day or night, the distances, the obstructions If any, the witnesses powers and opportunities of observation, their previous acquaintance or the lack of it with the persons claimed to be identified, and any other matter which the evidence discloses bearing upon that question. 21. Letters have been introduced in evidence claimed to have been written by the defendants, or one of them. The language of these letters should be given its ordinary signification, aud if there Is any doubt or obscurity as to the meaning of any part of such letters it was the right of the defendants to explain the same, and you should consider their explanation in the same way that you consider tho testimony of other witnesses: and you may tako the explanation given as true, if yon soe fit, or. If you see Ut, you may disbelieve such explanation, and give to such letters such meaning as you shall tlnd that the language used and all the facts and circumstances in evidence bearing upon the matter and explanatory thereof, if any, justify you in giving to it. 2'J. Where circumstantial evidence Is depended upon to secure the conviction of a person accused of crime, it must bo of a character so conclusive and convincing as to exclude every reasonable hypothesis but that of guilt. If you determine that this is such a ease, you should give full aud careful consideration to this rule of the law In making up your verdict. '2'J. The law presumes that the defendants are innocent of the crime charged against them, and tills presumption goes with them throughout the trial. The evidence should be considered In the light of It, and the defendants are entitled to be acquitted unless their guilt is established to your satisfaction, beyond a reasonable doubt, by proof by the State of every material fact and circumstance necessary tu constitute guilt. Jl. Each juror Is entitled, of course, to his honest opinion, and, so. if an Individual Juror entertains a reasonable- doubt as to the guilt of the delendauts, or either of them, he is not bound to agreo to a verdict of guilty against the dedefendants or atrainst the one as to whom such reasonable doubt arises. 23. What is a reasonable doubt as to any fact or circumstance necessary to be proved mut ultimately be determined by tno jury, and it may arise upon tho evidence or from the want of evidence; but It has been defined to be where the evidence fails to produce In the minds of prudent men such certainty that they would act upon the conviction produced, voluntarily and without hesitation in their own most important affairs and In matters affecting their dearest interests. The rule as to a reasonable doubt is meant to be a rule for the guidance of reasonable and prudent men. The phrase "reasonable doubt' as 1 think you will have the rl'-ht to determine does not mean a mere imaginative or speculative doubt as to the mere possibility of innocence, nor does it require that you should be satisfied of the guilt of the defendants beyond a mere possibility of error or mistake, but It does require- that you should be satisfied to that extent at least that is abovo indicated in this instruction. 'Jti. You are the judges of the weight of the evidence aud of tbe credibility of the witnesses, and you should consider the whole evidence and reconcile conflicting testimony if you cn, but it is within your power to believe or disbelieve a witness or to believe a part ot the testimony of a witness and disbelieve auother part of It. according as you shall find the truth to bo, aud In determining these matters it is your province to take Into account tbe conduct and demeanor of the witnesses while testifying, their opportunity to kuow ot tho matters about which they testify, their bias, feeling or indirtereuoe iu relation to thecase if any, their prejudice or iutercst. If any, and any other matters in evidence which mixht adect their testimony, if any; aud even though impeaching evidence has been introduced against a w itness, you may still, if you find that it is proper to do so, bellevo the testimony of such witness. Tho defendant, in all criminal cases, is a competent witness in his own behalf, and in this esse the testimony of the defendants Is to be received and weighed by you in the same manner that the testimony of other witnesses is received and weighed. 27. You arc tue exclusive judges of the law and of the evidence. It Is made the duty of tho

I court to instruct you as to the law, uud it en deavors to do ho fairly, impart!. illy and accurately, but Its Instructions are advisory, merely. L'S. Under an Indictment charging murder in the drst degree, as in this case, you may, if the evidence warrants it. hnd the defendants or either of them guilty of n lesser degree of homicide, such as of murder in the second degree, or of manslaughter; aud If there Is a reasonable doubt as to which of two or more degress of offense the accused or either one of them are cullt.v. If guilty of any, then the conviction must be ot the lowest degree. ; -9. If you should find the defendants or either ot them not guilty, your verdict will be a general verdict of nut guilty. If you llnd the defendants or either of them guilty, it will be your duty to fix the penalty which they or he chiill stiller. If you should it ml guilt ot murder in th Krt decree, the penalty is either dath or imprisonment iu the Mate prison for life. If you should tied yuilt of murder in the second degree the penalty Is imprisonment in the State prlion for Hie. If you should rind guilt of manslaughter, the penalty Is imprisonment in tie Male prison for not less than two ears nor more than twenty-one years. Hi). v hen you retire to consider the case it will be necessary for you to select one of your nuiutter a forvuiau. and it will be hi duty to sign your verdict, if you agree upou one. 31. Forms of verdict have beeti prepared and will be submitted to 3011. At ll:i0 o'clock UailifiT Shcehati wn sworn by Deputy Clerk Callahan and the jury in Lis charge, retired to their room to deliberate over the mass of evidence introduced and weigh the testimony of about ewhty witnesses who had testified in the case. Upon their deliberations depended tbe Uvea of the prisoners, aud the jury seemed to appreciate the burden that rested upon them. As soon as the jnry had retired tho crowd began to slowly relirn from trie room, rome of tho spectators congregated in little knots in tho room and tho corridor ootido and expressed prophecies upon the verdict of tbe jury. The general impression was that it would be guilty, but there was a variance of opinion as to the penalty, which was about equally divided between the death penalty and life imprisonment. A few expressed tho opinion that tho verdict would

be for the death penalty as to Parker and life imprisonment as to McAfee. A TALK WITH TLIE PllISONEUS.

Parker and McAfee Insist They Did Not Get Justice Appearance of the Men. Parker and McAfee were taken to the jail immediately after the reading of the verdict in the court room. They were handcutTed, hand and hand, and walked in front of tbe depnty sheriffs, talking to each other in low tones. When inside the outer room of the jail they waited impatientely to he relieved of the irons on their wrists, and when that was done, asked to be pat in their cells. They did not net like men who realized the full import of the eentence pronounced upon them. Parker save no sign that it had affected him in any way, and all that McAfee showed was the hunted look about his eyes and a suspicion of nervousness in his actions. They were asked what they thought of the sentence and Parker said: "We did not get justice. If we bad we would have been released and would be as free as you are now. There is four pictures of justice round that court room, but they ain't a bit of jnstice in the whole courthouse. I am just as innocent of that charge as you are or the judge ot the court, or any one of those jurors." "So am I," spoke tip MoAfee. "If they bad done what was right by me 1 would have been turned loose the same day that 1 was arrested. They didn't xnako a case against me." Parker then said, without being questioned further: "That's all right about that woman identifying us; she didn't know us. be was told that we had been arrested, and when she was brought to the jail she was told that we would be brought out. Of course, she would identify as. 1 don't blame her much. She wanted to get even for the death of her husband, and she was ready to identify any poor d nigger. She didn't know ns. They all knew where we were that night, and wo don't know nothing about tho murder." After having talked for awhile, both Parker and MoAfee insisted on being nut back in their cells, and would say no inore. Sheriff Emmettsaid to them that he would do so as soon as the gentlemen got through with them. At that Parker looked up suddenly and demanded to know: Js any of them reporters!" Hut there was no reply made, and he and his associate were hustled baek of the bars. When asked a second time if be had anything to say, Parker hesitated for a moment and replied. "Yes. 1 would liko for you to say that I did not receive justice. I am as innocent of the crime as a new-born babo. Tho jury had their minds made np before they went out. I know that there is lots of people against me. aud that break in the court room showed the jury that they wanted as convioted, and the jury did it because people were against us." MoAfee said: "That verdict was brought in too soon. The jury made up their minds before they went out. We didn't get a fair trial." As the reporter was leaving he was called back by McAfee, who said: "Now, 1 don't want a column about what we have said in the paper in the morning. -last give what we have told you, will you!" SHACKLES ON TUE MEN. It Was Feared that They Would Iojure Two of the Prisoner Witnesses. Two prisoners, Joseph Mnndon and Wm. Stanley, ono day previous to the trial, were lolling in their' cell at the county jail when Parker came np and paid them avisit. In the coarse of the conversation Mnndon asked: "What's the name of the man you killed!" "Easter," was tbe reply, as Parkor always pronounced the name that vny. "Don't it take a good deal of nerve to kill a man with a gun?" was the next question. So," returned Parker, "it don't take much nerve to put out of tho way a man that bothers yon." These prisoners were threatened with death if they repeated the testimony, but did so on the witness stand just the same. When the men were condemned and returned to the jail, Sheriff Emmett and turnkeys talked to both men,v ask. ing them if they intended to' put their threat into action, and they said they would not, bat a rumor soon reached the sheriff that such was their intention, and shackles were at once 'placed upon them. A COINCIDENCE IN THE CASE. Negroes Condemned on the Second Aunlversaty of the Kjsters Weddtng. Mrs. Eyster was seen at her residence last evening, and was found attending to somo of the smaller duties of the store. She spoke freely of the trial, but in a quiot way. She said that, of course, she was glad that the men had been convicted, and, believing them to be guilty, thought that they onght to suffer for tho crime. There was one point which sho seemed anxious to make clear, and that was that while she was earnest in her desire for tbe conviction of Parker and McAfee, she dm not bear any ill will toward any of tbe rest of their race. She said that both she and her husband had often befriended the colored people and had never given them any offense. She said that she was trying as well as sho could to bear up under the severe strain to which she has heen subjected, and felt that at times it waa almost impossible. Last niRht was ft particularly pad one for her. It was the second anniversary of her marriage with Charles Eyster. and it was a remarkable coincidence that it should be the day that tbe men shonld be sentenced for his murder. When tho drug store in which the shooting occurred was approached by the reporter there was a grouD of colored people standing in front of it discussing the trial audits resnlt. and it was tho general topio of conversation In that neighborhood during the evening. There is a general feeling of indignation among the colored population at the sentence indicted on Parker and McAfee, though the better element of the race have and still sympathize with Mrs. Eyster. Those who are in charge of the riruif store say that there has been no fallina off in the trade, which is largely among the colored people, since tbe tragedy, and judging from that they do not believe that there is much feeling toward the Eysters. THE LAW ON HANGING. . Changed Since the Lst Execution In Marlon County Execnted at Penitentiary. The verdict of the jury yesterday afternoon is the only one in this county in which the death penalty has been aSixed since the trial of Ed As man. lie was given a new trial and escaped with a life eentence. Jesse Phillips, for the murder of his wife was, before that time, sentenced and hanged. Phillips was insanely jealons of his wife, who was employed as a domestic in a family residing on North Pennsylvania street. One ovemug, just about dusk, after ft quarrel brought on by his jealousy, Phillips cut his wife's throat with a sawedged casekuife and then attempted to commit suicide by outting his own threat. He inflicted a terrible wound upon htmsolf, which was not entirely healed at tbe time ut his execution, about ten years ago. during the term of olllco of fcheriff Carter. Tnis was the last execution in this county. Under the new law. passed by the (.General Assembly of lb9. all executions are to be in the Mate prison, north or south, according to the location of the county in which the conviction is had. This law provides that the death penalty shall be by hanging, before the hour of sunrise, and not less than one hnndred days from tho date of conviction. Tho prison warden, or in case of his absence or disability, his deputy is made executioner, and is entitled to n fee ot 50 for each execution. Within two weeks after tho sentence of death is PHssed. the condemned person is tu be removed to tho prison by the sheriff', who is to take from the warden a receipt for him and the death warrant issued by tho clerk. lJuritig his conhhrtnent in the prison before the execution no one is permitted 10 see him but bis legal advisers, medical attendant and relatives. The execution must be inside the prison walls and within an inclosure higher than tbe gallows, and so constructed as toprorent tho execution be

ing seen by any person outside of the inclosure. The law provides that tho following persons and no others may be present at the execution: "The warden and such persons as may be necessary to assist him in conducting tbe execution, the directors of tbe prison, two physicians, including the prison physician, the spiritual adviser of the condemned, the obaplain of the prison and any relatives or friends of the condemned person, not to exceed ten in number, whom he may request shall be admitted." STORY OF TUE CRIME.

A Brief Resume ot the Circumstances -Witnesses Ilegln to Unbridle Their Tongues. The crime for which Parker and McAfee are to pay the severest penalty known to the law was one of the most atrocious and cold-blooded murders ever committed inthis county. It was without provocation, deliberate and premeditated. The facts were related in these columns at thetiiueof the murder. On the night of April 14 Charles Eyster was in his drag store at the corner of Mississippi and Third streets. A few minutes before 10 o'clock Parker 'and McAfee, entered' the store and aafced to look at some playing cards. Mr. Eyster stepped to the showcase containing tbe cards and showed them to the men. While her husband was exhibiting the cards, Mrs. Eyster said to him, "I will go upstairs and prepare the bed.'1 Her husband replied, "All right. I will be up in a lew minutes.'' Mrs. Eyster went ud stairs and had been there but a moment when she heard a shot fired in the drug store. She started lor the store, but met ber husband in the hallway, just at the head of the stairs. lie fell into ber arms exclaiming, "My God! Maida, 1 am shot. Those two colored men who were in the store when you were there came back and asked for oigarettes and snot me." Eyster lived until tbe next morning, when he died, before he died, however, he related the circumstances attending the shooting, lie Baid the two colored men, after looking at.the cards for awhile, said they did not want cards, but would take some dice. They bought a pair of dice and started to leave the store, but when they reached the door turned and came back. They asked for cigarettes, and after getting them asked for matches. As Eyster turned to get the matches one of them said. "Vou are an angel, or soon will be," and with that remark fired the fatal shot Eyster turned and ran up stairs, and was met in the hallway by his wife, as stated. She carried him to the bed, and, after placing him upon it, raised a window and screamed for help. Patrolmen Ward and Carter were soon upon the scene, the evidenoe showing them to have been among the very first there. The men were described to them, and upon this description they at onco ooncluded that it was Parker and McAfee who had been in the store, and upon theirrecommendation to the superintendent the two were arrested. From tho time of the arrest until after the verdict of the jury was returned yesterday afternoon, the evidence against the two men gathered thicker and stronger every day. After the verdict of tbe jnry became Known tbe tongues of several witnesses were loosened, and it was then demonstrated beyond all doubt that the fuilty persons were to hang for their crime, n addition to the statements made by Uattie Mitobell as to seeing the two murderers enter the drug store, William Banks, who had testified to seeing two men run by his house on Middle street on the night of the murder amplified this by saying that he was very olose to the men when they passed, and that ho recognized them as Parker and McAfee. Both these witnesses were afraid to testify upon the trial the whole truth in the case for fear of bodily harm at the hands of tbe defendants or their friends. When they learned that tbe defendants were to hang, however, and there was no probability of their ever having an opportnuity to wreak a venaeance, they told all they knew. WAS BITTERLY CONTESTED. Gallant bat Unavailing: Fight Blade to Save the Two Murderers. The case has attracted large crowds every day for tbe past two weeks during tbe trial, and the feeling of the crowds has been strongly against the defendants. It has been' an exceedingly interesting case from a purely legal standpoint, and there probably has never been a cause tried in this county where the defendants' attorneys were compelled to work against so strong a prejudice against their clients as in this. The former bad charactor of both the defendants was against them, and the damaging evidence introduced for the State, very materially aided by a deep-seated prejudioe. required more and stronger evidence to overcome it than was produced by the defense, and the mass of the people at tho conclusion of the trial were firmly convinced of the defendants' guilt of the atrocious murder with which they were charged. Very few persons who heard the testimony of the defendants believed one word they testilied to, and there were circumstances connected with the case that caused several other witnesses for the defense to be discredited. There were weak points in the State's case and some of the witnesses introduced by the proseoution were discredited by their own statements, yet, considered as a whole, the impression is general that tho State has succeeded in making oat its ease. The prosecution was vigorous and searching, and a considerable portion of the evidence was drawn from reluotant witnesses. It is thought that fear of bodily harm deterred witnesses for the State from telling all they knew of the murder. The defendants wero known to be vicious characters, and witnesses feared if they told the truth, and their evidence was material in securing a conviction, that friends of the defendants might do them bodily harm for the part they had taken. The defense of the prisoners was an able and Well conducted one. Never for a moment did the counsel for the defense relax their viuilance from the time the first juror was examined as to his competency to try the case, until the last juror filed out of the court room to deliberate upon the evidence. Not a single bit of damaging evidence against the defendants was admitted except over tbe objection and exceptions by their counsel. Every fact and circumstance that could ty any possible stretoh of the mental powers he constructed in favor of the defendants was brought out, and every person that knew anything in the least favorable to the defendants was put upon the stand. The cross-examination of the State's witnesses was sharp, searching and exhaustive. In the argument of the case the counsel for the defense were likewise active in the interest of their clients: The evidence was construed in as favorable a light as possible for tho defense, and tbe argument of tho prosecutor watched, as had been the evidence, and all statements upon which there was a doubt were objected to, and permitted to go to the jury only over the objection of the defense. Ora Durst's Condition. Ora Dnrr. the young man who was shot down on North Mississippi street a few weoks ago,while protecting a lady from the insult of a young negro, has happily recovered from his dangerocs injuries and will leave the hospital the first of the week. Tho pbysiciaus state that he will be able to appear against his assailant in the Police Court on Thursday. The bullet which cauie near proving fatal is yet imbedded in the young man's luntr. but it is thought he will suiter no ill eilects from it. Knoch,l Down by it ISrttwery Wagon. Mrs. Smith, who lives at 143 North Illinois street, was knocked to the street at the corner of Illinois and Ohio streets, last night, about 5:00 o'clock, by one of M ana's single-horse delivery wagons, nnd herankm ran over by two wheels. She at once got up, aud was helped to Weber's drug store, where she was found not to be greatly injured, although her ankle was in a bad condition. m m Citizens to Dlcu Rapid Transit. A meeting of the residents of Clifford avenue and Hamilton avenue will be held at the drug store at the corner of Clifford and Hamilton nvennes next Wednesday night, at H o'clock, to discuss the question of rapid transit for that part of the city. The street-car service has been very bad on those lines for some time, and the citizens feel that something ought to bo done.

N HT . We have a few FINE LEATHER -L CHAIRS, NOT our own manufacU ture, that we wish to close out. See T A T7 them in our show window. Special 1VJL l JlSs. jLL bargains. Some at cost, others below cost. We make our own furniture, and don't want to carry

this stock. So it must go. We hava it. The Kankakee twenty-four stvles as low in price as other dealers sell soft wood. Soft wood absorbs moisture, and gets musty, npt so the Kankakee. GAS AND GASOLINE STOVES

FRANK'S

115, 117 and 119 EAST WASHINGTON STREET Open Saturday Night.

A CARD. The only Undertaking house in the city that any of the Kregelos are connected with. David kpcqcld JOHN APPRAISER COOPER RESIGNS. He Charges the Democratic Administration with Subjecting Him to Iisult. New York, June 10. Appraiser of the Fort ManTill W. Cooper, has sent to President Cleveland a letter resigning his office and nsking that his resignation take effect immediately. In his letter Mr. Cooper says tnat "instead of relieving ma when my term of office expired under President Harrison's appointment, the Secretary of the Treasury has sent an official commistiion, composed entirely of Democrats, who. without power to compel the attendance of witnesses or to administer oaths, and refusing to permit cross-examinations have entered npou the collection and publication of suoh scandalous matter regarding the Administration of the customs here as they conld gather from unfaithful and time-serving subordinates and others with the manifest purpose of finding nonpolitlcal pretexts for replacing Republican customs officers by Democrats. I know of no roason why I should continue in a position which obliges me to submit to annoyances and insult, or why I should for that purpose remain in an office, tbe term of which has expired, and in which I am about to be superseded as a matter of course by the appointment of a successor." EDITOR H0R8S TALKS. lie Tells What He Thinks De Knowi About Harrison and Indiana Polities. New York, June ia The Times says: Mr. Samuel E. Moras to-day sailed on the TJmbria for Europe. After remaining a few days in London, he will go to P.aris, and on July 1, tbe beginning of the next fiscal year, ho will begin his duties as con-snl-seneral there. Mrs. Moras and tbeir little daughter are with him. "There is no doubt in my mind." said Mr. Moras, before hid departure, "that General Harrison is preparing to be a candidate for tho presidency in llftG. His friends are workiDK for that end. and 1 have little doubt they are preparing even now to send a Harmon delegation to the next Republican national convention. Mr. Harrison has been keeping very quiet since bis return to Indianapolis, and it is, of course, too early for anything like general talk of his or any other man's candidacy, but there are signs' of what is going on. His friends have control ' of the Republican State orgamzatiou in Indiana and they are mnnifeting adenire to maintain this control with a Tiew to advantage in the next ante-convention campaign. Some of the old-time intimate lriends of the ex-l'renident have told me they believe General Harrison will again bo a candidate and will be elected. The pipe-lay iug is going on in a quiet but eysmatic manner." What will become of the Gresham Republicans of the State!" "That is a question. I was at a dinner in Fort Wayne a short time ago. at which two or three of the speakers were old Gresham Republicans. They defined their position an ouo of home uncertainty. If the President follows ont certain lines of policy tbey will be with the Democratic party. I expect the no-called faction will be found, to a large extent, in the Democratic party hereafter. With these additions it is pretty safe to take Indiana out of the donbtfal column and put it into tbe list of permanently reliable Democratic States. The nw ballot law there will help the Democratic party. I believe we havo tbe best law in the country. It provides for 'blanket ballots and party exnblcints. If it had ben in force lor tho lant twenty years tho State would have been Democratic all the time." AlrKin!ey Ppfeeh Wm a Keynote Cleveland. June 10. Looking hale and hearty And in the best of spirits. Governor McKinley reached this city from bis hom in Cuiiton last evening. When asked, 'What will be tbe policy of the Republican party in tbe coming campaign!" be saia: 'it's a little early to answer that, but I think I expressed my views in the speech I made at Columbus lust Thursday." The llaet. Going to the races! Of court

THE ONLY

SOLID 0-A.Kl REFEIGERATOIi We have the Quick Meal, which has the best reputation of any stove of this kind in the market Come and see it 0 0 0 0 Don't Throw Stones At Major Taylor's now glas3 front with silver pillars. GO INSIDE and see what he offers in Elegant Neckwear, Handsome Negligee Shirts, Summer Wash Vests, Lightweight Underwear and , Hosiery, Summer Coats, Etc. In Negligee tho array is exquisite. All tho popular fancies. MAJOR TAYLOR 38 E. WASHINGTON, ST. Excelsior Laundry, ANOTHER TRAIN ROBBERY. Kansas Bandits Wound an Express T&sence and Steal Abont $2,000. CiMAimoy, Kan.. June 10. The Califon nia express, No. 2, west-bound, on the Atchison, Topeka & Sauta Fe. was held np near this place and the express car robbed of about 2,000 at 1:80 o'clock this morning. There were five bandits in the party. They flagged the train just west of Cimarron and forced the fireman and engineer at tho muzzles of revolvers to accompany them to the express car. There they ordered ey press messenger Whitlessey to open tho door. Whl tleseey refused, and then the robbers began firing into the car. Tbo messenger was woanded in tbe left side, but ho plncklly refused to open the door. Then the robbers resorted to dynamite, and with that exploeiT blew the door in. They rilled th carof everything of val'ie which they could find. The express messenger's strong box was ODeufed nnd its conteuti stolen. It con tamed 1.000 silver dollars and other valuables to an amount not ascertained, but presumably email, because the box contained matter lor way stations only. Tho through safe could not be opened. Having secured every thing valuable in eiabt tho robbers mnde their escape on horses, ridinj south towards the Indian Territory. Express messenger Whitlessey was not badly injured and completed his run to Santa Fo. He is the messenger who stood oft the laU ton gang at Ked Hook, I. T., over a year auo, and who narrowly escaped death at tho time by shooting. a Ss" m Old Scale Kearioptrd. PiTTsm:r.G. June 10. The Amalgamated Association has completed the wage scalo for the ensuing year, and it is now ready for presentation to the manufacturer. The seal as adopted provides for th same ratrs in ull departments of all iron and steM mills in which tbo association is recogrUed a prevailed during the past twelve months. .. . A l'entloner in the Cabinet. New York Preas. Mr. Cleveland onn point with pride to the fact thathe has one Union pensioner in his Cabinet Secretary (Jreshsra. lint ha had, to go into tho Republican psrty to get him,

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