Indianapolis Journal, Indianapolis, Marion County, 13 January 1895 — Page 3

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THE INDIANAPOLIS JOURNAL, SUNDAY, JANUARY 13, 1895.

THE ARGUMENT BEGUN

irini Thomas mi imuu iti:vit:vr.n nv iiuji:ciToit witrsni. Kpenlii fpWcl. Cmcflnit Two Jlottra nnil NUlit MliiHtV, Followed hy buries W. Kim It It for l)ef nc. The Smith murder cn bus resolved Itpelf Into a battle nt fliMjiK'iit word t ril toiistiuetlou of t ho criminal law. The iraument In the case was opened yesterday morning by Proswutor Charles Wlltsle He Mkn for two hour and eight minutes. 'harlcs W, Hnilth, for the defense, followed and spoks until noon, Aftr dinner ho resumed mvl till -not'. conclude, until 4:'.i0 o'clock. Attorney Hpuan will open the argument Monday morning for the prisoner. Congressman Charles L, Henry will follow hi m and John H. Duncan will then tako the vase for the prisoner. John II. Hlam will make the cIohb for the State Tuesday morning. Judge McCray announced yesterday that the counsel for both sides roust get through by Tuesday noon. The Intense told weuther of yesterday morning kept a great many pvople at home and aa a consequence the court room was not half filled at the opening session. Yesterday afternoon, although the weather had moderated but little, the crowd came again and scrambled and pushed each other about for an entrance. Prosecutor WiltBle began promptly at 9 o'rlock. At times during his speech hl.i arraignment of tho prisoner was scathing. Ho began with the announcement that he was suffering with a severe cold. "Gentlemen of the Jury," he continued, "you will have to-bear with me while I discharge my final duties In connectloa with this case. I have a Just sense of the responsibility resting- upon me. The duty I have to perform lu not a pleasunt one, for the prosecution of a fellow being charged with murder Is never a pleasing duty, but my feelings do not matter I have a duty to perform. Your verdict , la this case, may bring ialn to wme people closely related to the defendant. It Is also a fact that there are some absent from us today whose hearts have dvunk dregs of the bitter cup of despair; whose hearts have bled because of tho untimely death of V. II. Thomas. None of these things should Influence you. You must do your duty true to yourselves, true to your oath and true to your God. The Interest of society ure at stake. Tho State of Indiana only asks that you be firm and resolute for the right and the law. I believe that you are In favor of tho enforcement of It and I shall do the best I can o guide you In drawing Aip a true and Just verdict In this cose-. , "The defendant, W. 10. Smith, Is charged with having killed V. II. Thomas, on July 12, ISM. In thU charge . Is Included the lenser degree of homicide, known as manslaughter." Mr. WJItsle then called the attention of the Jury to the law governing the cuse. After rending" from the statement covering homicide he said again: "You will. observe, gentlemen, that under the Indictment In tho case, If you should be satisfied beyond any reasonable doubt that Winnie Smith did, In this county and State, purposely and with premeditated malice, kill W. H. Thomas, you must find for murder In the first degree. If you llnd that he killed him purposely and maliciously, but ( without premedltlon, you must llnd him ' guilty of murder In the second degree. On the other hand, If you llnd that malice be wanting, but the killing was done unlawfully, you must find this defendant guilty f manslaughter. '., Mr. aialllff, will you pleamft grt me some water? "The defendant enters a plea of not guilty. The State Is prepared to meet all the Issues of the case fairly. The State assumes the burden of proving every allegation In lier Indictment. The prosecution in this case recognises the humane rule of luw that this defendant Is presumed to be Innocent until you are satisfied of his guilt beyond any reasonable doubt. If you could not reach that stage In this trial, we say to you that this defeudunt must go acquitted. Hut we also say to you that when you have thrown around him the presumption of Innocence,'-and when by the evidence that presumption Is removed, you must find him guilty and mete out to him the punishment he deserves. . TUB PROSECUTOR CONTINUES. , Tho prosecutor reviewed the crime from the evidence and derailed briefly the history of the murdered) man. He followed the movement of Thomas and his friends to Brighton Beach where there were other "actors in i'h tragedy, the-defendant and his friendathe woman whom he had kept Uu Nsroman for whom he had furnished rooms, the woman who is without character and without virtue, the woman lost to all .shame to the world and society, but who Is not lost to the interest of this case and who committed perjury on the witness stand as false as hell Itself." The attorney made no attempt to excuse the presence ot W. U. Thomas at Brighton Heach, but at the Mitifl time held up to ridicule the story of Smith that he went to the resort simply to get a glass of seltzer. The attorney took up Hi map or me saioon ana pointed out each door and window and the general Vocation of the rooms to give weight to bis assertion that Smith did not go there Innocent of the presence of the other men. He referred with sarcasm to the testimony of the prisoner in which he placed all of the "witnesses of the tragedy, careful that their arrangement would be such that the girl In the buggy could see them. Smith was not . corroboiated by any other witness than Myrtle Overturf. Suss had told his story which contained the charge that Smith had told him he was going to "have it out with tome one." The attorney admitted that the laet statement of the piano player had taken them by surprise. All of this latest evidence had been In favor of the defendant but If his statements were changed, it was not at the Instance of the State. Some one els had Induced him to change them. When Smith came into the bar-room he was in the presence of his friend. Whitman and Lynch were his friends, Put Thomas had no friends there. There was nothing in the tone of Thomas's voice when he spoke to Smith that was Insulting. The words, "why don't you pay the man?" were not contrary to the ethics of; the bar-room. There was nothing in them that would Justify Kniith in cutting his throat. Then was Thomas to be murdered because he asked the man to take a. drink? The last words that Thomas paid were those that Indicated his friendly heart. This "moral man, Smith," got insulted becauso Thomas Invited him not onlv to tnke a drink but to Invite his lady friend. Thomas's last notion waa to lay Ids hand upon tho shoulder of the man and ask him to drink with him. It simply meant a friendly act and a friendly greeting. With that language the defendant suys that Thomas struck him In the mouth. Hunt, the bartender, onlv saw Thomas with hands upon Smith's shoulders. There waa not a mark upon tho iwrson of Width that could not have been Inflicted by himself. Continuing the uttorney said: 'There aro circumstances In this case that speak more, eloquently than witnesses. There aro tho clothes of th poor victim ami you saw the gashes In the garments. Xr. Marsee says that a knife cuts deepest w hero It tlrst enters. That wound near the eighth U was made from behind, forward. When Thomas put his hands on fsnillh's shoulder, the murderer struck the blow, and when Hunt saw the men going out of tho door It was tho etruggle of a man defending himself from tho attack of an assassin. Here Is tho knife. Mr, Duncan tolls you there is not a Juror that does not carry a larger one. Perhaps that is true, but you are men of character, and it would not bo- a deadly wcupou In your tiockeU MAuKS ON SMITH. The best argument that It wits a deadly weapon was tho wound In tho body of Thomas. I sny that the marks on Smith's throat were made by a man already In the throes t death. If not, when was his throat rut? Dr. Minnie nays that a man. with a Jugular vein cut could not live more than a minute. These marks on Smith were so superficial that they iml to get a physician to' find theith Could nut Hnilth havo done into himself? A slngiu blow with h.1 own hand would have made the marks described by tho able doctor. Won't vou know that If Mr. Thomns bad hit the dfen Want as 'has been described, tin would have knocked Mm throuah the door. Ir Thomas. I say tttst the 'marks m Smith's would baVB been no trial for murder today. It was a defenseless man plains n twardly usshssIii. A blow In the side; a tab in the throat and all was over." Attorney Wlltslw dwelt at some length upon the statement of Smith, calling alteiitioa to the pica, thut tha pihcwuer U14 awt

remember when be lost his knife. The attorney Insisted that Hmtth must have known when he used his knife, and that the effect had been deadly. Without any semblance of the courage of manhood he had struck his prostrato victim a blow in the face. "i'rostrate, sweltering In his blood. In the throes of his death," continued the attorney, "he was struck In the face. Turn him loose, if you will. Open the Jail door, it you will, but take rare to provide yourselves with weapons and prepare to defend yourselves. They say that Thomas followed Smith lo the buggy. He was dvlng then, and staggered tu- the buggy blindly. And et they will tell you that a few seconds before his death he w4 trying to hurt Winnie Smith. Another thing; so lost to nil moral right whs the murderer that he strikes his bloody victim with th whip. Smith was eon and deliberate, as many a cowardly Msxituslti bus been before. Where did he go? lie drive away In his btutay with no inui'liM upon him, sv a few superllclal scratches, lie go- to Fall creek, and the woman sits In the buggy and holds the horse while the murderer washes the blood iff his hands, There was not enough water In l-'all creek to clt It. The brand of Cain Is upon him and he can never wash It out,'' Mr, Wlltsle continued, following up the action of smith until he was srrested at Uroad Ripple. Had Smith been Innocent of murder, he contended, he would not have begun so early to try to suppress the facts, From the day of the murder the prisoner and tho woman had been accorded the opportunity of seeing each other many limes a week. The attorney concluded by reading from the statutes the cases of MeOermott against the State, In which the court had held that a man in drawing a knife from his pocket could make up bis mind to kill a person and commit murder In the .first degree. During the argument, Mrs. Wanda,' the mother of the prisoner, evinced considerable emotion, but kept her face covered most of the time with the somber fan she has carried In court since the trial began. ARGl'MKXT FOR DEFEXSK.

Charles XV. Smith Open with n Cienrrnl Flea of Self Defense. Attorny Charles W. Smith commenced his argument with a few words to the Jury upon, the duty they owed themselves in trying a man for a crime so serious as the present one. The accused stood charged with murder In the first degree and they would have to determine whether or not he was guilty of murder In the first or second degree, or -manslaughter. Continuing he eald: "I will now proceed to offer as best I can what constitutes the crime of manslaughter. That Is the third crime that can be included, (lie read the section pertaining to manslaughter from the statutes). There comes times when a man kills another and when the law will not nly excuse him but will Justify the act. The law clearly recognizes that there aro times when our passions are engendered. The law takes into account our infirmities and says that, when in the heat of passion one man kills another, It la not murder, but manslaughter. Hut a blow, an assault and battery may be sufficient provocation, and the law recognizes It as such. When a man kills another under such circumstances the law doe not find him guilty." Attorney, Smith read from the case of Miller against the Stato, 37 Ind., page 478, where the court said it ' was clear that when a homicide was committed In the heat of passion, without malice, It must be called manslaughter. Then he continued: "Sometimes It Is said that a deadly weapon Itself Implies mnllce, but this must delimit entirely upon the circumstances of the cafe. In case of mutual combat, when the blood Is heated, a man may Intend to kill another, but because of his heated blood the law will not Imply malice to the deadly weapon used. The accused has pleaded not guilty to this charge, and the evidence must satisfy you that every element of some one of tho crimes or ithere can be no conviction. The defendant haa Insisted that he Is guilty of no crime, and the evidence has surely shown that. There are cases where the law saya a man does tight 1n killing his assailant. The doctrine of self-defense Is that when a man la where he has a right to be, and Is sat upon by another, ho may stand his ground tn the defense of his lire, ami If It is in self-defense that he kills his assailant, ho Is not guilty of crime. The law then Justifies the act and says the killing Is no crime. The law does not say that a man snail stand and be battered and choked to death. It says that If he is set upon and believes that he will be injured,' the right of self-defense arises, and if In that defense he kills the assailant the blood Is upon the dead man's head. Whether or not thla defendant was In danger, of. harm is to be Judged by the circumstances under which he was placed. When a man la suddenly set upon, if he were required to Ftop and thmtc and deliberate, the law of self-defense would bo gone entirely. It 1s the assailant's own fault if he brings on. the difllculty. He Is responsible for his own wounds. I want to read to you, gentlemen, from the law of the statute, so that you may know that It la the law speaking to you and notl myBelf out of my zeal for my client." THE LAW OF SELF-DEFENSE. Reading from the 134th Ind., Mr. Smith went on: "This quotation I have just read Is on the law of self-defense and the law of a case similar to this one. To deny a man the right to act promptly la to take away the law of self-defense. Was tho prisoner guilty-of murder In the first degree? Was he guilty of murder in the second degree? Was he guilty of manslaughter or. waa he Justified In the eyes of the law In killing Mr. Thomas? Was he In a place where he had right to be, and was set upon and viciously assaulted? If he defended himself and the assailant came to grief, we can only flay that the assailant brought the misfortune on himself, and we are sorry for the result. There are certain principles of law that have come down through the centuries. The first -proposition, is that' the law presumes the accused' to be Innocent of the commission or any crime. The fact that there is an indictment against him raises no presumption whatever fhat he has been guilty of the crime. He Is entitled to the benefit of that presumption in your minds, through this case from the beginning to the end, and there can be no .conviction until this presumption his been removed' and the evidence in the case has convinced vou beyond a reasonable doubt that he is guilty. " e are entitled to start in. with the presumption of Innocence. That stands by the accused throughout the case. I say to you and each one of you. that the doctrine of a reasonable doubt must be considered Ind vldually and as a panel. If one of vou feel that there Is a reasonable, doubt, that juror violates his oath if ho yields that reasonable doubt to tho other eleven men. In this case, if the Jury entertains any reasonable doubt of the defendant' guilt. lLrh.KUldacquiL.!l,m- Each Juror should feel the responsibility resting on him as a member of the body. What Is meant by reasonable doubt?" Doubtless many of you have served on criminal .Juries, and some of you in civil cases, but the rule is dllTerJ' Wrtll hls court. In a criminal case It Is not sufficient that the preponderance of testimony should be In the favor v.thr "fT- 11 w further than that. o must have no reasonable doubt. You are not compelled' to come to a. -verdict, ou must be convinced to a degree of CrarLiTrth 1 .yvery ',,ht removed-untll tu feel that you are acting In a matter of vital Importance to yourselves. You must !b0rW; "a'; ,I',havo no loubt th(l this nnhlXfmn .of.t!"' 1 h"v tried to offer these principles of law beforo coming to the evidence. All the accused shall ask at any t mo will be a right conclusion nocord I rig to the evidence. It seems to me there can be no doubt ns to the conclusion In this ense. Knowing the measure of proof that must be required before this defendant can he convicted of any crime, let ua see If the evidence csn show that . crime beyond a reasonable doubt. The State "yi that he has been guilty of murder.' The law. says he Is presumed lo be innocent. Then, have not wo the right to sav that we will, try this case by tho evidence and that this boy Is not to be found gulttv on any hint or Insinuation on the. part of the counsel for the State, because, fursooth. they have found this case weak when they expect! to find it strong?" DlSCrsSES THE EVIDENCE. At this point attorney Smith took up the evidence, carefully dissecting th testimony of -each wltneaa for the State. Continuing he said: "I take it thnt the deceased when In his normal an t natural condition, was a gentleman. He comes from a good family, he mar. led into, a good family. He was a man of urge means and able business qtialUUatlons. I shall not willingly aay anything harsh against him. In point of fact, 1 think I shall not ssy one word that his friends present will not. after this matter Is over. Justify me In saying. Unfortunately, on thin falsi night. W. D. Thomas waa not in his normal condition. He was not, 1 regret to say, Western II. Thomas, the gentleman. We do not know where ho spent that night until 2 o'clock In the morning. We know he was with bis friends In the Imperial saloon at that hour and that they were drinking beer. At " o'clock he und his friends started to Hrlghton Iteaeh: for what purpose we can onlv conjecture, on the other hand this defendant had spent that night In dissipation . as well as. Mr. Thomas, and we offer no excu.e for him. CtrUiu'i; U' thji Thou:a and bu ft leads

were In that barroom before Mr. Smith fame. I want to say to you that there Is no evidence worthy of your credence from which you can draw the impression that up to the time the defendant went Into that barroom he knew that anybody was there or that he had a grudge against any man In that room. He was surprised to find those men there. It Is truo the wit nes Sum say that when Smith came bnck the second time he avowed his intention of having It ut with somebody. Mr. Smith says not, and between the two men I leave It to you which one Is the best entitled to your credence, t think that Mr. Suss ought to go out of this case entirely. I think that you should not glvo his testimony any weight whatever. I only wish his evidence could ba taken because he says In his txamlmukm that Smith was acting in self-defense. The prosecutor representing tho Stare sail that somehow or other this witness had come tinder tho Influence of the deftmge. Ucmk-men, tho rocoMs In this cane show that from the day Suss was put in jail ho has been In the custody of the State where we could not touch him; where we could not reach him. They are making insinuations that they have no right to make, and they ask you to convict the defendant on the suggestion that we have tampered with this wltnetfii. Hut even if we concede what Suss says to be true, that Smith declared he would have U out with some one. it is certain that he did not reier to the man at the bar. Smith came in and asked Suss if there waa anybody in the saloon, and Suss ald there was not. Did Smith know of the presence of persons in the ether room? Did he have a grudge against Western 13. Thomas? He says that he did not know him, and Mr. Suss, in the same sentence, told htm there was no one there. NV e have had no indications of 111 temper on the part of Smith that night, but wo have on the part of Mr. Thomas. Smith says he stepped to the door to watch his horse. Is that true? Myrtlo Overturf says so. and hackman Whitman, one of the State's own witnesses, says Smith stood near the door when he asked the bartender for his bill. THE CRIME DESCRIBED. "Now., gentlemen, that is the situation. Smith comes in good-humor edly and; stands near the door. Thomas breaks into the conversation without any cause whatever. I do not want to speak harshly, because they are strangers. Mr. Thomas waa talking of a matter with which he had nothing to do. It was certainly a piece of Impudence and impertinence on the part of Thomas, to put It mildly. The significance la this: It BhowB that he was not himself. If he had been sober he wa too much of a gentleman to have said anything of the kind. It shows that he was not Thomas among, men, but Thomas after a night ot drinking. It shows that he was aggressive that, as the boys say, he had a disposition to put his nose Into some one else's business. Up to this point there la no contradiction that Mr. Thomas was the aggressor. I think he was stepping outside of what bis conduct should have been when he said to Smith. Til pay It for you. Here, again, was a piece of impertinence on his part. Smith was a stranger to him. He suggests that Smith cannot pay his own, bills, as though he was a pauper. Then he Invited Smith to drink again. Srrdlh saya he had a lady outside; that he haa drank enough. Then Thomas says, 'Hrlng your woman In, or. If you won t drink, take her and be off.' Mr. Thonma had now gotten to a point where he 'thought he was the owner of that saloon, and was ready to take possession of it. It had now gotten beyond Impudence: it had. come to aggressive Impertinence. We all know that It was a misfortune that either of those men were there, but Smith had as much right there as Thorns. Thomas had been the aggressor all the while. Smith said, 'I don't know that I have to go away,' and then Thomas, according to the testimony, laid his pipe on the bar and turned around. (All tne witnesses to the tragedy testified that Lynch attempted to Interfere, and Thomas struck Smith a blow in the face. Smtth says It Is true, Suss says so, and Dr. Morgan testU fled to the condition In which he found Smith the morning after the murder. Hy that we know Winnie Smith's story 1h true, even If we bad no further corroboration. From tho testimony of the State's own witnesses we can show that the right hand went out and that It was placed on Smith's breast, it Is shown that as the hand went out there was something about the movement that caused the bartender to cry, 'Hold on, I don't want any fuss here thl morning.' "If the testimony of Ma Suss can be taken for anything In . this case he positively and emphatically swore that Thomas brushed Lynch out of tho way and struck Smith In the face, calling him a vile name. Nobody contradicts the statement that Thomas struck Smith on the nose and it waa bleeding. It has been shown that there were a few drop of blood In the house. How did It get there If It was not Smith's nose? It was not from the knife. Then the testimony says Thomas got his hand on Smith's ear and shoulders and held him. Thomas was pursuing him in the assault and who says to the contrary? Dr. Morgan says the next morning Smith's ears were torn loose. You mast know there was great force used In doing that. Mlsa Overturf says she saw the deceased grab Smith about the head and 1 submit that from the condition of Smith's coat next morning, her story must be true. What must Winnie Smith have thought at tho time? Oentlemen, what would any of you thought under the circumstances? The accused was Blck. He weighed but 139Va pounds. He found a man stronger and mightier than he was. He found himself in a graso he could not throw off. Caught by the throat and struggling for breath, did not he have a Tight to do what he did? He had a right to take out his knife. They call it a deadly weapon, but I will guarantee that there is no smaller knife carried In this city. Those men fell out of the door Smith says he fell on the side or rather on top. He says that he got up first, but did not then know that he had cut the man. He was trying to cut him. He had a right to cut him and he did cut him. Smith started toward the bugey and ran to it, but Thomas got' up from the floor and was at the buggy almost as quick as Smith. A witness "says Thomas's hands were up as if he was nbout to lay them upon the wheels. Smith says he struck behind with the ' whip and struck Thomas. Gentlemen, this- is one of the significant points of the tragedy. There wa a man who had received hla fatal wound: dying. And yet so fierce. was his anger, so determined was his spirit, that he arose and followed this man. That In my mind is one of the strongest circumstances in this case, as tending to show he was the aggressor. I tell you the more you think of that the more It comes to ua with what fierceness of rag did that man pursue the defendant In this CaSe WAS IT SELF-DEFENSE? "Of course, this Is a sad transaction. We are sorry for It, but that is not the question you have to determine. You 'have to determine whether or not this defendant has been guilty of crime. Whether It .was murder in the first or second degrees; whether It was manslaughter, or whether the '.deed was done In self-defense. Smith wasn't fleelnff from arrest. He drove away to the creek, washed his hands, and drove to a hotel, where he waa found within three hours after the tragedy. This l the case as made by the evidence. But these gentlemen make some criticism on some points of the testimony. They say the testimony of Smith and Myrtle Overturf cannot be believed. Oentlemen. if there was any serious conflict between their testimony and that of the State, then It would be material for us to consider with some particularity whether or not this testimony should be entitled to credence. Myrtle Ovtrturf admitted that she told the police, she had not seen this quarrel. .Hut take the situation. She was frightened and nervous. Smith had told her to 'keep still;' that this was not the time to talk. Now. some crllclsm has been made on Smith for tl statement, but I am sure that if any of the Slate's attorneys had been defending Winnie Smith at that time, those very words would have been the advice to the girl. Tho fact is, that on that day, within five minutes after she had talked with police Ccptaln Quigley. she was taken before the coroner. She had no opportunity of talking to Smith, on that day she told tho coroner nearly every detail that fhe has since told the court. She told the story that to-day goes to show that Winnie Smith was acting In self-defense. Under such circumstances a witness Is not reoulred to speak at all, unless they desire to do o. Hut after the police. In their eBl, press beyond and go further than they should In the Inquisition of a witness. I say that the fact that the denied knowledge, until taken before an odlcer authorled by law. Is not a thing to be weighed by you. You have seen her before you, you have' seen Mr. Smith and the bearing of botli. U was under trying circumstances, and 1 leave It to you that t.cy came upon the witness .stand and frankly and freely told vou the truth. They made known to you the things that they would like to conceal or forget. "It la claimed that both of these witnesses were impeached. Hut what were the questions aked of the dozen police who testified as to that? 'Are you acquainted with ihe moral character of these people?' Why did they need to bring a witness to prove that a woman and man. who have occopied the relations admitted by these two, were of bad moral character. They are of bail moral character. Hut that Is not the question.. It la whether they have a bad moral character for truth and veracity. That was open to the State, and If thev could. In all this city, have found a man or woman who would testify to that, thev

1 v.-Quld haw been ou the at i ! , j;ut they

scoured the town and found,. nc one that would say "this man and Woman are untruthful' Kverv human creature has a

point of weakness. The-dead man had his point In weakness. He could not control his appetlto for drink. Many people, would have satil ne had a r.ml moral i nrni;irr uecause of that. Hut It does not follow that a man and woman who occupied the relations of this man and woman, can't be believed. I call your attention to the fact, that no perm outside of the police department of this city, undertook to give evidence on that subject. Not n out of this broad city of more than one hundred thousand top!. From a long hit bit of detecting crime the iollen seem lo feel that If a man escapes their clutches It has been a reflection upon their ability." m Cost of ! Trial. The timlth trial will cost Marlon county about $0. More than half of this amount will go. to the regular and special bitlllfs. -Tho Jurors will b plt i a day. A. It. Jtoyster, the regular bailiff, Is allowed tM for the week and II...V) entra for five night's attendance on the Jury. The entire bailiff expense will be HC.7u. "Wild Humor of tftilclde. In soma mysterious manner a report was spread abroad last night that Winnie Smith had committed suicide by shooting himself. For several hours tho county Jail and police utatlon were kept busy answering telephone Inquiries concerning the matter. How such a wild rumor should have gained currency Is a mystery, as there was absolutely no foundation for It. Winnie Smith is even more confident of acquittal now than he Jiaa ever been before and nothing is more foreign to his thoughts than the Idea of suicide. The first Inquiries came from the northeast portion of the city, but before long they were coming in from every' direction. THE INCOME TAX. Deputy Collector Ilyan Visits Mercantile Agencies for Information. Deputy Revenue Collector- Ryan yesterday received Instructions from Washington that he must prepare a llsj; of the taxpayers who are within the reach of the income tax law and should' use every meana that he can devise to accomplish the collection of this tax.' He visited the commercial agencies with a, 'view to ascertaining those whose rating shows they are taxable in thla form. He will send these men a blank requesting them to fill It out and return to him. The law, he says, makes It the duty, of any man knowing that his income is over $3,fno to report the fact and pay the tax. There has been no appropriation by Congress for this work and the deputy's regular force will have to do all the work. ; - Metcnlf (ioc to Moby. Secretary Metcalf, of the State Hoard of Health, left last night "for Roby, where it was reported that seven cases of smallpox had been found a.ud, removed to the Cook county hospital. ; J He says he has received no direct information, from the local (health officer, as the rules require, and he ' intends to sift the matter to the bottom. It. was Incumbent, he says, for the secretary of the Illinois Hoard of Health to Bond him word In such cases. It la reported about the Statehouse that every means has been taken by the Roby management to suppress news of this outbreak, and that when the first case occurred, several weeks since, everybody was vaccinated that couJd be reached. Would Hell Ilia Uniform. "It takes lots of money to be fitted out In the manner the regulations require," said Quartermaster-general Compton, referring to his unlforrn(.;',1','pM'y outfit cost J 400, ,and If the Republicans, elect the Governor two year from nowv J want a man about my slxe to be appointed to succeed me. I will let him succeed to. my clothes tit. a reasonable price. The outfit , consists of two dress suits, a sword that cont 175, a belt that cost $10, a chnpeau, boots, fatigue uniform, etc. The only menitar of the Governor's staff who escapes la his private secretary, who la permitted, by courtesy, and not by regulation, to wear an evening dress suit at receptions." , TMeetlnu' of College . Press Editors. The officers of the' Indiana -College Tressi Association held a "meeting In tho Denlson yesterday afternoon. The session was devoted to a discussion of the field of college journalism. A complete porgramme waa arranged for tho, meeting to Tie held here oratorical day,", next March. The Journals were represented as follows: The Karlhamlte, Mlsa Ida E. Mendenhall and Mr. J. Edwin Jay; Dutler Collegian, Mr. Oeorge Hoke; the Wabash, Mr. Charles M. Oregg; the Hose Technic, Mr. H. H. Meadows, and the DePauw Weekly, Mr. James Cooper. .... I.a Grippe Is CoiuIuk. There are several well-developed cases of the old-time "grip" ml the city, and it Is feared that an epidemic Is coming. Dr. J. T.( Iioyd says la grippe la prevalent in the East and will, in afl probability, reach here. He says there Is a great difference between la grippe and influenza, the former affecting the nervous system and the latter attacking the air passages only. La grippe is the more dangerous of the two. The cold weather reduces tho .liability of an epidemic, but the disease raged In Russia in the severest. wreather, (laarfet Chamber ' Music. .Arrangements have been, made by which music students who wish . to hear the chamber music concert to "be given next Tuesday night by the Schllewen String Quartet, assisted by Mr. Fierce, the pianist, will be admitted' for 25 cents, on the presentation of certificatea from their teachers. The programme for Tuesday night is one of Interest. It includes the first movement of the iaint-Saens quintet, a, solo "by Mr. Schliewen, the Grieg sonata in F, by Mr. Pierce und Mr. Schllewen, -and other numbers equally beautiful. , - No More Fiiwt Hrlvlug-. There will be no more winter racing on the North ' Delaware-street course. This was determined yesterday ' when the police officers of that and other districts where the ordinance regarding fast driving has been so frequently violated were Instructed to arrest all violators. There was, however, only one arrest made; and the offender was dismissed after he had been given a lecture on the subject. Insured 'Without Iler; Knowledge. A representative of the Covenant Insurance Company, of St. Louis, called upon frs. L. Davidson, of .Haty;hyille, to cancel a policy of tJ,5W, : which, the ', claimed she carried in his . company. Mrs. Davidson, however, denies any knowledge of It, but her two married daughters, 1m whose favor the policy is made, claim that their mother, who is sixty years old, has forgotten the affair. ; : Insane Man's lneer!Frenk. Yesterday evening,;., about t o'clock, patrolman Ulchardscn was called to 43 Minerva street to quiet a' supposed drunk man. who was Htnuslnjr himself by jumping through the wlndowsi Officer Klchardson, however, discovered the man was not drunk, but Insane. His name Is Jerry Connor, and ho lives "with his wife at tho houw where he was arrested. He was locked up for safe keeping.' Will Oppose Ilrond Itlpplc- Company. It Is understood that the Citizens' Htreetrailroad Company will strenuously oppose the granting of a franchise allowing tho Hroad Hippie company to er.ter tho city by streets not occupied by the Citizens' company. H. McKee. of the latter company, Is now In the city, and others Interested are expected to-morrow. South-Side Club Ttrceptlon. The Routh-sldo Republican Club will give a reception Wednesday night at the club rooms, aoo Virginia avenue, to tho Republican officers-elect, their deputies and to representatives of the pres. The hours ro from 9 to 11 p. m. W. 11. Leedy is president of the club. , . t.rujr C lub Oflloers. J. W. McDonald has been ' elected president of the Gray Club, Robert F. Hmtnett vice president and Patrick Gorman treasurer. The vote for secretary was a t!e between Charles Meyers and Charles Kuhn, and will be settled at the next meeting. I'hnrKed with Menllntf Two Pin-. Governor Matthews yesterday made requisition upon Governor MeKlnley, of Ohio, for the arrest and extradition of Henry Edlngs, of Clinton county, who la wanted on a charge of stealing two pigs.

THE SPEAKER'S PHIZES

Mil. ALLEY OP IIAVIESS HEADS COMMITTEE OX WAX AMi ME AS 3. IVe and Vnliiry Committee t nder Mr. Van Amdelllwrse Menl Industry ut llninniontl, About half of the legislators had left the city for their homes last night, ami the other U) prr cent, was either ut lbs theaters or In the hotel lobbies, wondering how Speaker Adams would divide his committees wNch h will probably announce before the House convene to-morrow wftermon. Sevrial of the chairmanship have been determined, although Speaker Adam declines to give out his list of committees, Mr, Van Arsdil, of this county, will lo at tho head of tho committee on fees and salary, Several of tha members at the Denlson last night were willing to ba perfectly satisfied If left off thla committee. One of them expressed it thus; "I feel under obligations to one or two county officers, and yet I would dislike very much to take a prominent part In legislation that might bring my constituents down on me." This committee will have much of the struggle with the representatlven of the county officers' association. Mr. Allen, of Daviess county. wdl be appointed chairman of the ways and means, the most Important of the House committees. It was expected by a number that Mr. Merrltt, who was the Speaker's strongest competitor, would receive thla place. Mr. Robinson, of Gibson, is to be chairman of another of the important committees, that on Judiciary. Fred Hollowayi the bright Representative from Vanderburg, will preside over the deliberations of that committee which will look after the welfare of cities and towns. Mr. Reniy; of Bartholomew, draws a prize also. He will be at the head of the committee on benevolent institutions, w hich will undoubtedly hat e much work before it during the session. 1 When the, House meets to-morrow afternoon the matter of printing the Governor's message will probably be taken up, as there la considerable confusion as to the House's action on the matter Friday. Several o the prominent Republican Representatives, who were under the impression that the House merely reduced the number of copies o the message to be printed, called on the Governor, yesterday afternoon and expressed their regret at the announcement that tho message was not to be printed at all. Rep resentatlve Harrison, Democrat, of Shelby county, Introduced the resolution calling for the printing of eight thousand copies, and this was amended to make the number live thousand. In the , confusion a motion to lay on the tablo was made.' Some members thought they were voting on the amendment. The Speaker announced the motion which was before the House as carried, and the matter dropped. It la said tho matter will be reconsidered Monday. Representative Tcrhune Is one of tho Republican Representatives who believe five thousand copies of tho message tdvotild bo' publtshc.1, Clerk Brown, of tho House, went home to spend Sunday, Ho has not given out a list of his employes. HAMMOND'S HOUSE Pl.HNII IMM'STRY Leulslnture Will Probably Investigate tho "Dried Ileef Concerns. The little patch of Indiana up by the end of the big lake has engrossed a great deal of the State's attention In the last few years, with Us prize lights, its gambling houses, Its Roby track, and now, last of all Its establish nents for converting decrepit horses into prime steaks and high grade dried beef, . Hammond has the honor of fostering the' equine 'beef Industry, and the people In the neighborhood who ore cognizant of the output of the two or more establishments within the confines of Lake county excuse the Industry on the ground that the pickled steaka and dried beef are shipped to Belgium. There la a strong suspicion that all of tho h.vse meat does not go to Belgium, but that a great deal of It la sold even in Indiana under the guise of beef. A bill will probably be Introduced in the Legislature soon calling for an Investigation of these e.-itabllHhments, with a view of compelling them to properly label their products. It Is said the proposed bill requiring impure and deceptive food products, uch as oleomargarine and the like, to be labeled will also cover the horse meat Industry in Lake county. Several gentlemen from that county were discussing the establishments at the Denison last night. They live near one of these establishments, and say that a large number of fat horses are slaughtered for food products and thai It is only occasionally a broken-down horse is used. A fat horse with a broken leg or sore hoofs, rendered useless for service, can be bought cheap and converted profitably into various products. The "dried beef" made from a horse la distinguished In part from the genuine article by the absence of any streaks of fat. The appearance of the horse meat, when served as dried beef. Is very red, and is of a more uniform color and fibre than the real beef. The steaks mad ere pickled ami shipped, so it is claimed by the proprietors, to Belgium, where the people are not averse to eating horse flesh. '.. ' ' ,, . In Hammond, just across the Indiana . line,, are others of these rendering establishments. each of them having a capacity for slaughtering about thirty or forty animals a day. Almost every part of the horse is utllized-hlde, flesh, bones and hoofs. P1FTY-KIG11TH OB FIFTV-MXTII? t Old Question of the Correct Xumber of Assembly liaised. The question which Invariably arises with the convening of the General Assembly of Indiana is again before the public. It is, what la the correct number of this session of the Legislature? Following the numerical order of the sessions, the present assembly is the fifty-ninth; but by William H. English and others it ia asserted that, this is only the Fifty-eighth General Assembly of Indiara. ., i In 18ST. when the Legislature convened and A. Green Smith, the President of the Senate, opened the session as the fifty-fifth, William H. English, as president of the Indiana Historical Society, sent a communication to that body, stating that, in his estimation, the number of the assembly waa the fifty-fourth and not the fifty-fifth. He Bald it was the fifty-fifth, according to' the Senate Journals since 186;?, but he considered that a mistake was made In tho numbering In that year. He asked that the matter be Investigated, so that all doubt might bo removed and the Journals conecled. His communication was referred to the committee on public libraries and was never again reported. m . An investigation of the journals reveals the grounds upon which Mr. English buses his statement. In 1"1 the Forty-first General Assembly met In January and adjourned In March. About thut time., or shortly af terward. came the call from President Lincoln for men and supplies for the army.- Consequently. Governor Morton, In April. Issued a call for a special session of the State Legislature, which convened April The journal for this session was entitled. "A special session of the Fortyfirst General Assembly," which was the number of the remular adjourned session, and which, It is contended by Mr. English, was entirely proper, us It was a part of the Forty-first Assembly. Hut when the next Legislature convened In January. 1M11. for some unknown reason. It was called the Forty-third General Assembly, instead of the 'Forty-second. There Is. consequently, no Henate journal which bears tha title of Forty-second Assembly.: From these facts it appears that the present session Is not the fifty-ninth, but ruther the fifty-eighth; notwithstanding it will, in all probability, go down In history as the Fifty-ninth Genersl Assembly, for the number could not bo changed unless those of all the sessions since 1WI should be changed also, and it is nor. in the least likely that the present Legislature will care to take that trouble. It is argued, by those who contend that this l-t the Fifty-eighth General Assembly, that it not a meeting which makes an assembly, but the members, and that a doaen meetings might tie held, if by the same members, ana between tne regular tl

for election of Representative and Senators, and not have a new assembly. The precedent set by Congress Us cited as an example. The number of sessions does not regulate the title of the session, but when a newly-elected Congresi comes Into ofilc the number Is changed, thus Indicating that the body of men selected by the people H the assembly and not the regular stated meeting. One of the new members who will be Prominent In the lower house Is S. Edgar Nicholson, of Kokomo. He Is a graduate of Earlhnm College and m member of th Society of Friends and holds a minute of ministry. He serves every year as recording clerk of the Western Yearly Merllntf. It was ho who managed the ,iuv of Assistant Secretary Wright, whose acquaintance was limited, outside of his county, before his candidacy' was announced, litis matter was handled with miccrssfid tact and landed his man In tho place that was sought for htm. Apportionment Coninilllees Divided. The House committee ou rules held a meeting, yesterday afternoon, and decided to divide tho apportionment committee, making a committee on congressional apportionment and a committee on legislative apportionment. Each of these committees will consist of thirteen members, ontt. from each congressional district. The committee also concluded to enlarge tho House committee on fees and salaries to thirteen members, so as to give one from each congressional district. THE TURKISH DOCTOR

DEMAND THAT HIS FEE 1E ASStltED OR PAID 'iN ADVANCE. . Only Two Medical Schools In the Turkish Empire Tn Ik with nn Armenian Student. ' According . to: Scontad Hovosapian, the ybung Armenian attending the Central Medical College of this city, the practice of medicine is quite a new study In Turkey. The young man waa educated at a mission echool in Constantinople, and after completing the course he decided upon the practice of medicine as a profession, but as no means were offered him at home for preparation and as he thought the advantages were of an inferior grade he set hla face westward and finally arrived In Indianapolis last March, after a hard trip. He arrived here penniless, hut good fortune smiled upon him, and a course at the Central College was offered him. "In my country,"., he said a few days ago to a Journal reporter, "the study of medicine' still remains in- its ancestral etate, despite 1 tne . progress of the medical . world. There are but two schools In the country where medicine can be studied, and they are both at Constantinople. One la for military doctors and the other for private doctors. They both are under the charge of the government. The former school Is free of all expense, , but in exchange for this free tuition the graduated doctors must serve five years In the army. It Is very seldom that he quits at the end of this time, because no matter whether he does any good or not he receives a walury from the government, has all of his expenses paid, and he has reason to cherish a hope that by and by his degree can bo ralsad to that of a pasha. For this reason the military collego Is always crowded, while the private school has few scholars. The course of study la seven years, Including two years'of preliminary preparation In French and Turkish. The two colleges are copied after the schools of France, with French text-books and French professors. The result Is not all that could be desired. The medical student in Turkey seems quite unaware of the responsibility which rests on a doctor. Tho medical students are the most reckless and Jovial element of the population. Their ideas do not pass beyond fine dress,' luxuries and gallantries," "But how do they manage to pass their examinations." asked the reporter. Mr. Hovosapian gave a significant shrug ot hla shoulders and replied: , , , "The general mode- of conducting aff alra In Turkey prevails in the medical schools. The bakshish Is the power greater than brains or hard study. The students have two holidays a week, and every night they can ba found around the theaters or the cafes. How much they lose from their studies 1 cannot say. but the bakshish, which must be slipped into the hands of the examiner, as the Americans say does the business." , , "Do the graduated physicians practice this system of bribery?" "To some extent they do. Many of the doctors will not go to visit a sick person unless the fee is paid beforehand or assured. Ortentimes they will stop to wrangle about the size of the fee before starting out. The best doctors have one or two hours a week set aside when they receive patients at their offices who are doubtful about the fee. No business can be conducted in Turkey without the blessed bribe. You have to pay bakshish to have a letter received at a postofflce. The fire department of Constantinople ran to a fire, and then refused to do ny work until the amount of tljelr reward had been fixed by the owner of the burning, building. How can doctors or anybody else do anything under these conditions to advance the countrv ' 1 "In the two colleges I mentioned Christian subjects are nominally allowed to enter, but practically they are prohibited from graduating. There are so many difficulties and so many bakshishes in the way of the Christian student that he has a poor chance Very few Christians have succeeded in graduating from the schools, ds they are distinctly Turkish In both religion and customs As a result, the Christians who desire to study medicine go to Paris, Vienna or America.' I came here toeoause the American college stands very high in Turkey The Paris schools are the most popular, but the American doctors are regarded more favorably than the English doctors." ... .. "Are there many aoctors in Auraey: 1 "Not enough, and all of them are in Constantinople. Thousands of people die annually throughout the empire for want of medical attention. The women are the doctors for the poor people. Every good woman must know the use of the so-called remedies for diseases, and every house has a stock of dried herbs and roots. These are collected from the mountains and hills during the summertime and carefully kept for use in case of sickness in the family. The women believo a great deal In severity, and think there can be no cure without pain. 1 . remember how my grandmother .treated me, and I can still feel the pain In my bones. She used to give me terrible medi.cipe, and many a time when I was sick I have pretended' to be quite well to escape her treatment." "Are there any magicians In Turkey who pretend to effect cures?" was a question "Yes, and they form a third class of doctors. A stranger can see them frequently about tho streets of Constantinople and everywhere else in Turkey. They are Turkish priests, and the more successful ones have long white beards. They generally choose far the'r office a place before a mosque door or a fountain. They sit. with crossed legs, on a small piece of matting, with a small square table before them, on which are displayed all kinds of knives, a few heads of garlic, small pieces of glass, copper coins and evervthing of an extraordinary nuture one can Imagine. Their fee for treating a case is about loo paras, or equivalent to 10 cents in American money. The treatment for every disease nnd pain is the same. The patient Is msde to sit before the priest on his knees. The so-called doctor then puts his hands on the patient's head anl mutters, some meaningless words, now and then turning his eves, toward heaven. The things on the table are next passed successively over the patient's he-id und over his body, and all the time the murmuring and muttering ?oes on. At lust the patient Is pronounced cured. If by chance he tloes recover the news sprca is until It Is In everybody's mouth, and the successful migl-" practitioner does a big business for e. time. A doctor can spend years and years in study, yet never in his practice make half what one of these lazy Turks make in u. quiet and lazy wsy," "Who attends to the dntal work of the people?" "The barbers are the dentists. They do not attempt to treat the teeth, but they pu.l them when tiiey ai he. They have no modern tools to work with, and th put'ent suffers great pain. When I get through my studies I am going back home and do what I can to relieve the sufferings of my people. There Is n excellent chance to do a great deal of good throughout Turkey." Goea In Ontct Aext Thursday. Secretary of State-elect Owen will assume the duties of his office next Thursday. Ills deputy will be W. S. Wright, editor of the Iogansport Journal. v . The Dose Proved Pntal. Julius Schatt, said, to live In this city, who. took arsenic in the Palace Hotel, of

HUM'S CHALLENGE

The FoHowiiiCoiTespoiKleiico Explain Itself. Tho IttdlumipollH Sentinel ltt vltetf to InvcNtlKatc. Of Interest to 'Everybody. jo.ooo Trial Hollies of Mmioa'S (Ittiirnuteetl lllieuuinllsni Cure Villi m mw m a m m mw am mT m mm mw m bv mm mm ami m I. a u...n.,i a ft a ir. u ..a V ... m. day Mornlntfi Jnii. 11. To the Editor of the Indianapolis rlntlnell Having discovered a positive and speedy cure for rheumatism, I address you In the hope that you will give publicity to my claim. I am well awa-e that in making the bpld assertion that I have discovered a positive cure for rheumatism, there will . arise a strong doubt In the minds of th public aa to the truth of the statement, and that a large majority of the people will class thla new discovery with the Koch lymph faMure and the Hrown-Sequard elixir of life delusion. , It is to overcome this prejudice that I invoke the aid of the Sentinel. I court th fullest investigation under your direct ami personal supervision. I would suggest that the fairest and surest way to test the efficacy of this remedy would be for thla company to send ten thousand trial bottles to the Sentinel office, there to be given out absolutely free, to all persons afflicted with, rheumatism, that the name and address of each person who accepts the remedy be en- . tered In a book, and at the end of one week a reporter be detailed to Interview the parties who have taken the medicine, and that the results of each case be published In the Sentinel. Hy this means there can be nt deception or fraud, and the value of thla remedy will stand or fall upon the testimony of those who have tried it. ' Improbable as this statement may, aeemj to you or to thoso who have doctored for1 years with the most skilled physicians without benefit, yet I affirm and am prepared to prove by over forty thousand pro-, pie whom we have cured, that thts remedy will cure acute or muscular rheumatism in from one to live days. It never falls to cute sharp, shooting pains in tho arms, legs, sides, back or breast,' or soreness la any part of the body. It Is guaranteed to promptly cure lameness, sciatica, lumbago, stiff and swollen joints, stiff buck and all pains In the hips and loins. It aeldom falls to give relief after one or two doses, and almost Invariably, cures before on bottle ha been used. We do not claim that this remedy will euro rheumatism where the limbs ar twisted out of shape, or where' the disease Is complicated by a scrofulous diathesis, but by careful record we find that thl.t remedy fulls to cure onlj in about 6 per cent, of the case In which It has been tried. . . . One of the strongest recommendations for this remedy Is that it is absolutely harmless, and that a person can take the whole contents of a bottle without the slightest 111 effects. Unlike the medicines used in ordinary practice for the cure of rheumatism, such as Iodide of potash, and salllcyllo acid, which Irrltata the stomach and kidneys and disorganise the general uystemj without effecting a cure, this remedy acta as a strong tonic, and is Invaluable in building up weak and debilitated people. Uellevlng that there Is no cause so jtvoly and Inspiring, no vocation so lofty ami ennobling, nothing so sure of man's gratitude and Ood'a blessing as an honest effort to relieve suffering ' humanity, I bear to remain yours, truly, ' . JAMES M. MUN1TON. Jan. 1. 1895. Mr. James M. Munyon, President. Munyon'g Homeopathic Remedy Company, Metropol- , ltan Hotel: Dear Sir The Sentinel accepts your abova proposition, and glvea you the privilege of using its office for the ' distribution of the 10,000 vials of your remedy, in the interest of humanity, as suggested in your favor of Nov. 8. ",..' The Sentinel will from time to time investigate any facts brought to Us notica regarding your discovery. Very respect fully SENTINEL. FINE WALL-PAPERS my AT THE PRICE OP TBASHY GOODS. ' ROLL'S SONS ' New Goods are stunners. You will say so if you see them. , 103 E. Washington St. Chicago, Friday night, died lit St- Luke's Hospital yesterday. DAILY. VITAL STATISTICS JAN. 12. Births. George and Lottie Miller, 90 Steven street, boy. George F. and Effle Kerr, 70 Division street, boy. Fred and Annie Koeder, 112 Wisconsin) street, boy. Koscoe and Maggie Huttege, 73 Minerva street, boy. Ernst and Mrs. Grechlelr, 313 Shelby st rftt boy. Mr. 'and Mrs. Sllcox, Minnesota street, girl. Mr. and Mrs. Kelle, 42 Arizona Btrcet, boy. Andrew and Maggie Hordenkecher, MalotB Park. girl. - I'etcr and Joan Laws, 430 Superior street, girl. Total number of births during the wcclc, forty-six. t - Deal lis. James Zanders, thirty-four years, ' SC2 North California street, phthisis. William lienlhan. thirty-eight years. West Indians polls, heart trouble. 1'atrlck Kelley. sixty-nvo years, GS Raymond street, general debility. Patrick Danahey, twenty-four ycurs, 3 Spann avenue, typhoid fever. Chris Schoershusen, twenty-one years, 101, Sunders street, pneumonia. .Mrs. Stanton, seventy years, S3 lhichansn Street, senile debility. Mary L. Laneface, twenty-one years, 310 South Meridian street, consumption. Infant Hlnshaw, three years, 2i Miekl street, peiii-ardltls. Fred Campbell, three months, if2 Pouth Mississippi street, marasmus. liernlce Sebum, six weeks, .1111 Fnlon street, meningitis. Karl Oronert. five years, 35 West .Morris, street, glycosuria. Total number of deaths during the week, fifty-one. Mnrrliiffc Licenses. John H. Hlssler and Sarah Publish, James W. Wlmberly and Fannie McFarland John A. Edwards and Ignore 1 taker. city ymvs no Iks. : Mr. Reginald Hood Giles has returned from an extended visit to his home In Hamptnead, England. A little maid on the North Side, who goes to Sund.iy school In the morning, remained t service later. It was communion nervioe. When she went home her mother asked her what had kept her. The child toll her h wnt lo church and that it wan Just lovelv. Then In a reassuring manner she remarked. "They had refreshments, too. The prettiest re I wine and some bread. They parsed it around and I inigtt bave hail some, ton, only I didn't want to drink out of the same cup with everybody." She was uuita U

, llntcd with her experience