Jasper County Democrat, Volume 14, Number 68, Rensselaer, Jasper County, 29 November 1911 — Page 2

TIE JIM 60011! 9ENO6IRT .f. t.MBCOCI.fDIIOIIIIDPOSIISftI. OFFICIAL DEMOCRATIC PAPER OF JASPER COUNTY. Entered as Second Class Matter June 8, 1908, at the post office at Rensselaer, Indiana, under the Act of March 3. 1879. Published Wednesday and Saturday. Wednesday Issue 4 Pages; Saturday Issue 8 Pages. Advertising rates made known on application. Long Distance Telephones Office 315. - Residence £ll. WEDNESDAY, NOV. 29, 1911.

THE POOLE TRIAL

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thus accounting for “the blood spots there. Sheriff Shackleton also said that Poole told him that he did not wish to plead insanity as a defense. Testifying as an witness, Dr, Clark Cook of Fowler, told the jury yesterday afternoon that the shotgun from which waS fired the shot that shattered the skull offered in evidence in the case as that of Joe Kemper, must have been held close to the head. Dr. Cook corroborated the testimony of Dr. Richard B. Wetherill, and said the course taken by the load of shot through the head was downward, this controverting Poole’s probable claim that the shot that killed Kemper was accidental and that the gun went off as he was getting over a fence in the back yard, with Kemper a few’ feet ahead of him. The defense strove in vain to , make it appear from the testimony of the experts that the shot took an upward course in the head'. “The man's head.” said Dr. Cook, “must have been lower than the muzzle of the gun*" when it was discharged.” Dr. Cook also testified that if. a large blood stain were found ; on the floor of the Poole dining' room the killing must have been done in that room. He said it would not have been "JTdssible , for the killing to have been in; the yard, the* body brought into the house and the wound to have bled such a quantity of blood on the floor. Coagulation, he said, in such a wound would be instantaneous, and the quantity of blood that would flow out would not exceed one pint. Louis Lewis, a farmer living near the Poole farm, was the 1 next witness yesterday afternoon. He said, he had known John Poole for twenty years. Shortly after Poole’s arrest, in March,' 1911, and his release when no body was found, the witness said he had a conversation with the accused man. “Poole asked me if I thought him sane,” the witness testified, “and I told him I thought he surely was sane.” Poole also asked him if he -thought him a murderer, he said. “I should hate to think that. John,” the witness testified he replied. Lewis, who is the husband of Josie Lewis, who discovered the blood stain on the floor of the] Poole dining room, said that Poole accused him of telling around that Poole was wearing Joe Kemper’s clothing. Lewis said he never told such a storv. - - _ - 1

He said Poole wrote him a let-> ter upbraiding him tor spreading false reports. On cross-exam i na-j tion the witness admitted that! he and Poole were not friendly.! William Baismore, wrap slept* in the same room with JohnPoole and his son Emory on the night of December 12. 1909. when Joe Kemper was killed, was the last witness last evening. He said Poole acted peculiarly that night. Baismore came to the house to help the Poole family butcher hogs the next day. He said he carried the hog meat into the. house and he did not see any* blood drip from it. He was certain he took none of the meat into the dining room, but said it was

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possible somebody else took part of the meat in there. When cross-examined, Baismore said he” was a close personal friend of Emory Poole.

Lafayette, Ind., Nov. 25. W hen the defense of John W. Poole.” charged with the murder begins introducing testimony Monday it will be called on to explain many discrepancies in the stories Poole has told of the death of Kemper. The stated witnesses have testified that Poole said he killed Kemper accidentally, as the two were climbing a fence, with his gun. Poole said he put the • body in a shed, intending the notify the authorities, but was afraid to do so. and later buried the body. An effort was made to show that Poole changed his story; later, in order to explain stains in the dining room of his home, saying he had taken the body! there and washed it. The defense will try to reconcile these two stories, in Order to strengthen . the accidental shooting theory.

Insanity will also be pleaded by the defense and a strong effort made to show that Poole has been in the insane hospital twice and mentally unbalanced for years. The state expects to meet this plea in rebuttal. Court was adjourned last night until Monday, when the crossexamination of one witness will end the direct evidence of the state.

Lafayette, Ind., Nov. 27.—Elmore Barce, attorney for the defense. in an eloquent address to the jury today, outlined w’hat line of evidence will be introduced to support John W. Poole’s plea that the killing of His farm hand. Joseph Kemper. w*as accidental and that Poole was insane. The state concluded its case this morning. Thomas Fleming of Fowler was the last witness for the state. He testified that he was a member of the grand jury which indicted Poole. The court refused to permit the witness to detail the circumstances connected with the returning of the counts in the indictment, which alleged that Kemper came to his death by means of a weapon unknown to the grand jury. Attorney Barce began his opening statement to the jury in these words: 1 "The Master of all men and all ages some nineteen hundred years ago said to the troubled waters. “Peace, be still.” and ' the tossing waves subsided. I say to you. gentlemen, that in all the ages that has been the injunction laid upon men in the , administration of justice prior to the righteous trial of an accused man. We are now called to consider what measure of justice we shall mete to this unfortunate man. and while I have but little ability* to plead such a cause. I say the best.efi fort of which I am capable will be expended in his defefise.” The attorney for the defense detailed the arrest of Poole, his incarceration in the Fowler jail at the midnight hour and the confusion and excitement which prevailed in Fowler when it was known that Poole was lodged in

jail. He told the jury how Poole was besieged by> officers of the law. by curiosity seekers and by newspaper men. all to secure from his own lips some statement concerning the death of Joseph Kemper. He related how Poole, frightened r and harassed, finally confided to H. Robertson, a Fowler newspaper man. the full details of the . killing of Kemper, and how the evidence would verify Poole's , story in every detail. Barce went over the story of the events which- transpired at the Poole farm Sunday, Dec 12, 1909. When he reached the Doint of the story where Emory Poole returned from a hunting trip, he detailed how the de-

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fendant went to meet his son,; and it became evident that the defense will at least advance the theory that John Poole had it in! his heart to tell his son the story ’ of the tragedy which had been enacted during the absence of the family. ' It was apparent from Attorney Barce's remarks that he will put physicians on the stand to substantiate his theory that the charge, of shot struck low on the skull and ranged upward. As the details of the defense were outlined it became evident that Attorney Barce considers much of the evidence introduced by the state as corroborating the story told bv Poole.

Barce said that the evidence would disclose the fact that Poole had been insane for many years, and that he was twice an inmate of the state institution for the insane. The jury was informed that the evidence would show that Poole has been insane from his, nativity. It was. stated the evidence would show that. Poole entertained suspicions of his wife and told neighbors of the hordes of men who. visited his home.

For years it is alleged that Poole has been suffering from auditory hallucinations and thought he heard bells tolling and said they were the knell of some one who had He was haunted by specters. It was stated that he had been seen to rush madly at the animals on his farm and sink his own teeth into their flesh. Speaking of the son, Emory Poole, Barce said that one of the first indications of insanity is the perversion of human affections, and that his conduct brands ham as one w4jo might naturally have sprung from the loins of an insane man. The son’s conduct in asking people to come into court to hear him testify against his father is sufficient indication as to his mental condition.

Grace Poole. the only member of the family who is assisting her father, win tell of the surroundings of her home and some

We’re glad to sell them; and we’re thankful for them ourselves. You might be thankful to us, too, {pr having such a good stock as this for you to draw on. It’s a bountiful feast of good things we’ve spread here for you; suits and overcoats; shirts and heckwear; hosiery and gloves; sweaters and fancy waistcoats; all the large and small things to wear that you want. Suits $lB and up Overcoats $16.50 and up The G. E. Hurray Co. Rensselaer, Indiana - This store is the home of Hart Schaffner & flarx clothes

of the hallucinations of her father.

George Infield was the first witness introduced by the defense. He owns land in Jasper county- adjoining the Poole farm. He first met Poole in 1908 and boarded with the tenant on Poole’s farm. In September, 1908, he met Poole, who had been out through Gifford country. where, he said, he had been hunting a dog which had followed him some months before. The object was to show that Poole pursued no system in his work and no continuity of action. Infield testified that on one occasion Poole began to sow grass seed and worked a short time, then he dropped that work and went tcfcfit a sewer tile and later to haul manure. Infield gave his opinion that Poole was of unsound mind on the 12th day of December. 1909. Under cross-examination Infield was more or less vague on certain points.

An Example of Virginia Justice. Henry- Clay Beattie, the Virginia wife murderer, who was executed Friday, made a brief confession of his guilt at the last moment, admitting that he was guilty of the crime charged. By the way. the swift justice meted out to Beattie should not be lost sight of. The murder was committed July 18. and the murderer was of one of the oldest, wealthiest and most prominent families of the old Dominion. He was arrested July 21 and promptly placed on trial August 21; found guilty Sept. 8, and sentenced to be executed Nov. 24; motions for new trial, writ of error and executive interference or stay of execution denied, and paid the penalty for his crime Nov. 24, four months after the crime was committed.

Big Public Sale Having decided to quit farming

on account of health and age and move to town, the undersigned will sell at Public Auction at his residence 2% miles east of Fair Oaks, 3 miles north of Parr and 10 miles north of Rensselaer, commencing at 10 a. m., on TUESDAY, DEC. 5, 1911, 6 Head of Horses— Consisting of 1 Sorrel Mare 10 years old, in foal, wt. 1250; 1 Brown Mare 9 years old, in foal, wt. 1350; 1 Black Mare 6 years old, wt. 1250; 1 Iron Gray Mare 6 years old, wt. 1250; 1 Road Horse 10 years old; 1 Grey Mare 14 years old. 57 Head of Cattle— Consisting of 1 3-year-old Bull; 6 Spring Steer Calves; 6 2-year-old Steers; 20 1-year-old Steers; 19 l-year-old Heifers; 5 Milch Cows. 52 Head of Hogs— Consisting of 40 Shoats, wt. 125 lbs. each; 5 Sows with pigs; 7 Shoats, wt. 50 lbs. each. Wagons, Implements, Etc.—Consisting of 1- Gang Plow; 1 Riding Cultivator; 1 Disc; 1 18-foot Harrow; 1 low-down Seeder; 1 Binder, 8-foot*cut; 2 Wagons; 1 Single Shovel Plow; 1 Double Shovel Plow; 1 14-inch Walking Plow; 1 Black Hawk Corn-Planter, 80 rods wire; 1 Hay Rake, 12 foot; 1 Mower; 3 sets Work Harness; 1 Cream Separator; 10 bushels Winter Apples; 5 dozen Chickens; Household Goods, and numerous other articles. A credit of 12 months will be given on sums over $lO, with usual conditions; 6 per cent off for cash. D. E. & F. M. LAKIN. John Culp, Auctioneer. C. G. Spitler, Clerk. Hot lunch on grounds.

Big Public Sale Having rented my farm and ex pecting to move to Mt. Ayr, I will offer at Public Sale at my residence 4 miles west of Surrey, 3 miles north and 1 mile east of Mt. Ayr, commencing at 10 a. m., on WEDNESDAY, DEC. 6, 1911, 3 Head of Horses— Consisting of 1 team of Brown Mares, one 7 years old, one 10 years, wt. 3,000; 1 Black Gelding coming 3 years old, wt. 1200. 18 Head of Cattle— —Consisting of £ head of Milch Cows, ages from

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4 to 8 years; 1 Holstein Bull, 2 years old; 1 year-old Durham bull; 7 calves. 17 Head of Hogs—Cpjsistipg of 12 Shoats, wt. 125 lbs. - , 1 Sow and 4 Pigs. Wagons, Implements, Etc.—Consisting of 1 Studebaker Wagon, wide tire, triple box and spring seat; 1 Iron Wheel Wagon, good as new; 1 narrow tire Wagon, and double box; 1 Carriage; 1 set solid bottom Hay Ladders; 1 6-foot Plano Binder; 1 McCormick 5-foot cut Mower; 1 Deering self-dump Hay Rake; 1 low-down Seeder; 1 new Deere Corn Planter and 80 rods of wire; 1 John Deere Sulky Piow; 2 16-inch Walking Plows; 1 Budlong Disc; 1 Case Lever Harrow, good as new; 1 new Deere Riding Cultivator; 1 Walking Cultivator; 1 Sleigh; 3 sets Work Harness; Set Carriage Harness; 1 Hand Corn Sheller; 1 Heating Stove; 15 tons of Hay, and many other articles too numerous to mention. A credit of 12 months will be given on sums over $lO, with usual conditions; 6 per cent off for cash. DAVID W. MAUCK. Fred Phillips, Auctioneer. C. G. Spitler, Clerk. Hot lunch on grounds.

NOTICE OF ADMINISTRATION. Notice is hereby given that the undersigned has been appointed by the Judge of the Circuit Court of Jasper County, State of Indiana, administrator de bonis non, with the will annexed of the estate of James E. Hogan, late of Jasper County, deceased. " Said estate is supposed to be solvent. WILLIAM HOGAN, Nov. -18, 1911. Administrator. E. Grant Hall, Atty, for Adm’r. * “ I ■ ... I. ■ Glasses flitted by DR. A. G. CAT! Optometrist Rensselaer, Indiana. Office over Long’s Drug Store. Phone No. 232. .