Rensselaer Republican, Volume 20, Number 9, Rensselaer, Jasper County, 3 November 1887 — Page 5

(THE TRIAL CONTINUED)

house, do not know him, last time saw him was about two weeks before shooting. Don’t know if he? enter stayed all night in defendant's house Have heard the man was James Hilton, defendant’s cousin. Willis Prewitt—Live 30 or 35 steps from defendant’s hpusp. Was in corner of front yard when the occurrence of Sept. 14 took place, * don’t remember seeing defendant that day. She sometimes wore light clothes. • Def. came around her back shed, and heard her say: “What was you doing at my back door?” Spoke angry. Men laugh- ' rd. Couldn't tell what they said. . They went out of sight, > suppose around slic’d. Heard talking in house, could not understate! words. A man came from back of defeudant’s house and walked down the river, whistled twice. Heard one say, “let’s have some fun. ’ After heard voices in yard, it was not more than 8 or 10 minutes before the shot After man said “let’s have fun” it was not more than 2or 3 minutes till the shot. About a minute after shot, def. came out of front door and moved very fast to Mr. Shead’s house. Heard little girl talking. Think knew,of Harding being in l house, saw him there often. Buggy in river back of def. house first called attention in that direction. '■■Jfc'xT' heat’d talking in house, thought front room, heard woman’s voice, very earnest. Heard Harding’s voice once or twice. Talking continued right along, couldn’t distinguish any voices except woman’s and Harding’s. After Jiearing man say “let’s have some fun,” heard talking in house, and then the shot. Have seen def. in light dress, calico dress and black silk or satin dress. When woman came out where men were and asked what they were doing at her door, she talked as though she did not want them there. Talking did not continue more than a minute. Heard shot, 15 or 29 minutes after the talking, side of house. A\ itiiess not allowed to testify as to knowledge of defendant having pistol. RE .EXAMINED. - - AA itness’ wire in yard part of the time, out when def. was out talking with the men, also just before the shot. Witness’ eyes not good after dark, but ears extra good. Stayed out all time, light in defendant’s house shown out of west window. Front door wis shut, when opened the light shone ■out. Think light was in front room.. Front door was not opened until after shooting. Mrs. Elizabeth Prewett’ —Was an corner of door-yard nearest deendaut’s house, during part of he occurence. Saw woman come out. . Heard talking. Heard men laughing; Heard the shot, next saw people, on vacant lot, between defendant’s house and Shead’s. ’ Heard little girl say “Ma don’t do any thing more, lets go to Mr. Shead’s.” Didn’t hear the def. say Dr. M. B. Alter. —Known def ’ since last Dec. did washing ironing &c. for witness’ family. Had treated her for felon on linger, erysipelas on foot and for lung fever. She also had heart trouble, couldn’t say if chronic, thinks she is deaf in both ears. Never knew her to use an ear trumpet. Think she had lung fever latter part of April. She is not a rugged woman. AV. B. Austin.—Testified that defendant’s ear trumpet was bought lately at instance of her lawyers, t > facilitate consultation with their client. Jerry Hess—Full brother of defendant, lived last 8 months dear Alt. Ayr, in Newton county, previously* lived in Jasper county 1 years,isvkryears old, defendant’s age, 2!) years. She was born in Champaign. Co,, Ohio, mother dead since she was 2 years old, father tim e6or 7 years old. She maplied Andrew Rutherford at 19 years.of age. witness lived in Pulaski Co. at the time. Def. came to this county 2 years last March, lived with tho witness one month, he is a renter. Always‘visited def. wfien’in town and always brought her provisions. Knows James Hilton, is a second cousin. He is unmarried and works l.y the day. W. AV. AVatson.—Lawyer, knows . defendant, house about 190 feet frppi Lor’s. Her.occupation waslii;;g Ac.. Done washing f r witness family. Mrs. J. AV. Powell- —Defendant washed and cleaned house for ’witness. Mrs. I. C. Kelley—Lived next , door to defendant Iff years previous to tire latter’s removal to Louse, where shooting oecured, her occupation was v. ashing mid egwKg ; Mrs. T. P. A\ right and Mrs. J. AV McEwen, also neighbors of

defendant before her removal last winter, testified to her occupation. 6. F. Harding.- Def. did washing for him about six weeks before shooting. Witness is a married man but don't live with wife. Took washing to defendant’s house and went after it. AV as at hey house night before shooting, don’t knowhow long, perhaps 20 minutes. Getting (lark when went there, went in at back door, light in house, went by way of on well. Sat iu front i;oom, saw no one in houseybut defendant and little girl. Girl soon went to bed. Knocked at door, on entering. Doors of house all open. Had no particular business there, went mainly for a little visit, but partly to get a tape-line left on a former visit. Def. wore what seemed to be working clothes, they were light in color. Talk .was mainly about defendant’s cousin, Hilton, and a letter just received from him. John B. Steele came to house, first saw him in back door, stood one foot on step, other in door, chin in hand, didn’t hear any noise .or alarm at door before saw Steele. She asked witness who Steele was, he said didn’t know. She said “who’s there.” Steele left door and she went out.. She came back soon, Steele followed. Don’t know what all was said. Steele wanted to come in and defendant said no. She said she had company and they could see him and know who he was. Steele Said he didn’t care a d - n who her company was, but if he could conle next night he would go away, def, said he could not come back, Rhoades came up to door, and def. called witness to come and tell the men what he was there for, went to door but don’t remember what he srid. Defendant and Steele talked together, lie said, in effect, that he didn’t want to bother Harding (witness) and would go away if permitted to come back next night, she said she didn’t know him and that he could not come. Steele said, in profane and obscene language, that he had relations with defendant before; she cried and said to witness, “Charley, you don’t believe it, do you?” AVitness said he did not know, she,, said, to Steele, ‘ ‘its a lie,” ami pushed him out, then went out after him, came back in short time and witness told her he thought Steele had gone away. He did not tell def. who Steele was, although Tie knew him. In 3 to 5 minutes he came back to the" door. Accused said could prove it. .Witness don’t think Steele used the vulgar language this time. The woman said he couldn’t prove the statement, told him to leave,(hat in- could not come back, tlum pushed liim out with one hand and shot with the other. Thinks Steele stood one foot on i step, other ifiside house, she fired ■ as Steele started from door. AVitness ran out, raised his head and .said, “My God.- you’ve shot him! what made you do it?” Accused said, “I didn’t mean to do it and will give myself up.” AVitness don’t know when accused left the house; when he reached deceased he lay face up, feet towards, door. In regard to knife: Accused said to deceased, “you drew a knife on me;” to witness, “you baused those men to come here and I want you to leave,” witness denied this, also Rhoades and Steele, both saying that witness had nothing to do with their coming. Accused asked witness to state on honor as a, man, if lie had ever known anything wrong in her conduct, witness said had not; she asked Rhoades same question and received same answer; asked Steele same question,‘and lie said he, had had relations with her in her former house, | near Dr. Kelley's place ] and could prove it. AVitness doiTf think Steele , used the vulgar language this time. The woman said he couldn't prove the statement, told'him to leave, that lie could not : come back, then pushed him out with one hand, and shot with tie other. Thinks Steele stood one foot on step, other inside house, she fired as Steele started from door. AVitness ran out, raised his head and said, “my God, you’ve shot him, what made, you do it?” Accused said, “I didn’t m-'iin to do it and will give myself up.” Witness don't 'iknow when accused left-lhe house; when h& reaehrd deceased he hyr face up, feet towards,door. In regard to knife: Accused said to deceased, “You drew a knife on me;” dedid not, only had it out whittling. After .shoaling, knife was picked up, very close to deceased, think RlioadeS picked it up. it was open. Rhoades took the knife, AVitness and Rhoades -madcuiuvcilorl-beget deceased to •go away before the shooting, did nut ask liim to go. cmoss .examined. Had not seen accused very often and don’t know how found she did washing. Did first washing for me six weeks before shooting..... T>mk washing Vo house hnd "Avent after

it, generally stayed quite a while, accused was pleasant to talk with.. AVent to her house two or three times during a week, someti inesf, sometimes went in day time, never saw other mAn there and don’t know how late he stayed. AVitness sat on sofa night of shooting. The witness thinks accused got gun that night before 'going out the second time, don’t'know where she got it from; first saw it as she went out; carried it in her hand. Accused did not call witness when she was outside with the other nten, don’t think she was out more than 3 minutes, didn’t hear men laugh outside , nor the talking. AVhen deceased came back to door he said he would go'away if he could come back the next night. He talked in common tone, or a little lower, he made no threats and no threatning demonstrations. Didn't see knife before shooting. Steele did not seem angry. When de--ceased said he had had relations with accused before, he said he could bring the man who was with ' him. Deceased was shot in back of head. SfiW him distinctly before the shooting, he stood up. straight, with his hands at his side. The witness was surprised at the shooting; did not know of any purpose to shoot and nothing that had occured h’ad led him to believe she would shoot.

KE EXAMINED The witness talked with Rhoades just before shooting, did not observe deceased closely all the time. He oame to door 3 times; is not quite positive that accused had gun when she went out second time. Never saw knife before that night. There was some blood wheie deceased fell. Defendant’s little girl, Minnie, was offered as witness, but objected to by state on account of youth, and objection sustained by the court. James T. Hilton. cousin of accused. Mother lives in Ke'ener tp., she generally stops with defendant when in town. AVitness stops with her sometimes, all night sometimes. Saw Harding there once at 8 p. m., 2 or 3 months ago. Hannah Rnthcrford. = Defendant in the case. Mentioned neighbors, at the- place of, Shooting, occupation, family &c. On day of shooting did big washing, sawed box of wood, carried barrel water from river, housework &c. Sup•per at G o’clock. Doors all open in evening. Street hbr heighlibrs houses can’t be seen from back door. Evening Harding came. Don’t remember if he knocked at door, little girl was in bed; had washed for Hardimr 6or 8 weeks:

a light was burning; 1-5. minutes after Harding came, heard noise at back door. (AVitness 1 related about ' asking who was there, going out Ac.) A man [Steele] came up to me, showed knife and said, “I can fix you u]> with this in a minute, you have a man in the house.” He tried to come in, said “By G—d I’ve you before and am going to do it again.” I said you lie. I went out, man took hold of me, said, “I am going to to-night or come back and split your d d door down.” AVent in house, got revolver; he came in, 1 pushed him back, I took and held his firm he held knife with, pushed him out and shot, not to ki l ! but to defend myseliL Left, the house right after shooting; showed bruise.on arm where he struck me to. Justin, O. A. Yeoman, Steve Miller. It still hurts me. Side of house where he tolik hold of and struck me was up the river. It was after deceased had been to the door thrice.' Did not know the man I shot, never saw him before aS I know. Kept gun on safe, had _it..threejmonths, bought of Most* Tutuer for 81.50. I shot to defend iny:-<'H' from euirage and my Iffii had no hopes for assistance. Tiie other men aiipeared hot to cai’e what Steele did. I didrfit want to kill the man. . CROSS EXAMINED Is 29 years old. Could hear what deceased said, he talked loud. Noise first heard was bio won house. 10 feet from me. Harding was a frequent visitor, don’t remember if he ever called to spend the evening, came with washing tthd sat and talked, known him 6 oi 8 weeks; knew Rhoades by sightr he said nothing to offend; Did not say to Steele “I .don’t know you.” Am used to pistol, shot at man during fair time. Got gun aitei I wi.s struck, dii'n’t complain !of being struck. Don’tTemember i asking Harding if he be ieyed Steele’s statement, nor if. I said “You can’t prove it” nor whether L charged him with drawing a knife. AVent out door twice, lie took knife from right pants p?c,Let, stood right np against me. Wasn’t afraid of knife but of outrage. I asked Harding to take man away,' they talked and paid no attention, did not ask again bccan_se__l wa» afraTJ of fhe’t'uifi' in plain sight,

he said he would strike, was afraid of butrage when outside; made no outcry. Shot to prevent rape and using the knife, didn’t shoot at anybodj; didn’t think of effect, but shot expecting to hit but mot to kill, pulled trigger purposely, cocked pistol just before shooting, laid it back on safe. (To many questions of counsel the only answer was “I don’t remember” or “I shot to defend myself.”) AV. B. Austin recalled. - Testified as to examining black and blue spots on defendent’s arm, on day after shotting. Thinks they corresponddd with a man’s knuckles, and thinks a woman not of “Amazonian”, powers could not have made the bruises. 0. A. Yeoman, deputy sheriff, testified as tb arresting defendant at AV. C. Shead’s house, a short time after the shooting. She made no attempt at escape or concealment. Think's she told of bruises that night or next morning; didn’t see them until Thursday or Friday. Can’t say how made, unless ; by a person’s knuckles. Jerry Hess and’Stephen J. Miller also testified to seeing bruises. AV. C. Shead testified as to defendant making statement as to. why she did the shooting. Mrs. Shead. Knows Rhoades, he came to her house little time after shooting, thought, be was drunk, there was a smile all over his face and he acted like a man drunk and trying to appear sober. Smelled his breath, think it was poor whiskey.. Thought he took it cool; he came after a light. 1 Bertie Morris a young girl living on Front street. —Met Rhoades and Steele that evening ‘ going towards the Oil AVeIL They did not make any insulting remarks or demonstrations. They walked very close together looked in each others faces, laughing, and -when met witness and other young ladies with her, hung their heads and passed without speaking. They did not stagger in walking. Thinks they were intoxicated. “Uncle Billy” Pierce.-—Saw Rhoades and deceased in Carew’s saloon, evening of the shooting. Thinks Rhoades was pretty drunk, 'coulclnT'play’well and acted silly; thought Steele was in about the same condition. The time was about sundown. AV. AV. Watson.—Saw Rhoades .10 minutes after shooting, thought he was under influence of liquor. Witness lives 225 or 230 feet from def. house. Had not been assisting defendant all he could. The defense rested their case. REBUTTING TESTIMONY. Mrs. Steele. —Husband "vtos right handed man. Never knew him to own a knife. ( This answer was struck out by ruling of the court and the state not allowed to offer evidence showing that knife was not Steele’s.) Deceased’s father also testified that he was a right handed man. E. E. Quivey.—Rensselaer, dentist. Shw body of deceased 10 minutes after shooting, before Dr. Bitters arrived. (-Court sustained objection to question if witness did anything to ascertain if Steele was alive. The state here offered to .-prove by this witness that deceaseds right hand was in his pant’s pocket when examined by witness, but the evidence was ruled out by the court. The 'question as to reputation of deceased for peace and quiet, also ruled, out. )

EVENING SESSION. Col. DeHart, on part ofproseou-. tion asked leave, of the court to prove position of deceased hands, as origiiihl evidence; which the court had full discretionary right to do; but the application vras denied. EarTßeyimkls- Knctes reputation of defendant i ; >. neighfrorhood where slie livesTor“"morality. It is bad. Cross examination sliowed, -witness to be 18 years old and sort of an ex-salooif-keejior. Allen Catt. Carpenter and contractor, not mapiainted with gen reputatipn-of def. J. AV. Duvall, resident of Rensselaer for 31 years; J. R. Ahanafta, harness maker, Rensselaer, 7 years; C. B. Sr?ward, ins. rtgent, all testiiied that they knew defendant’s reputation for morality was bad Cross exainiiripion developed the fact th?.t these witnesses had all heard ami believed the f;dse story that'def. had once kept note? of id-i‘:im? in Monoh; <■(]>■■> that they •:!! (IM biisim-s in ;!"• saute b uildLi’ng, They said the belief in 1 d ■ repute was based on what people' about town said (ff lien x ■ John Halliday, Fair Oaks, see- | tion foreman night watch in R°nsi selaer 18 months. Defendant s ■ reputation for pcr.eqaudquiet was i bad. LQuetelan.aU.iq.lLiiQwm^tet ! i' ' men tit defendant -s (house ruled out. t AVitness :■ ! j drank glass of beer an hour 'mffoi< : j tesfifying, noth'i 'ig (!- ■.• ; ;

The State having questioned f witnesses as to knowledge of def. reputation, was. debarred by the court from, producing further testimony (in that point. The State thought that ias one witneaa questioned had not had such knowledge they shoteld be allowed to present another, but this .. .was denied by the court v sub-rebuttal. Geo. J. Dexter.—-Lives now near Rensselaer, on Judge Hammond’s farm, lived across street from fief, for a year, her general rep. for morality is good; never' saw men about her house. Mrs. Dexter also said -gen. rep. was good. Had heard that def. shoth-t a man at Fair time. < Mrs. J. AAL McEwen.—lived lived next door to def. nearly 2 years, geit rep. good.- Don’t know whether men went there nights or not never -saw any. Based her opinion as to gen. rep by what knew of def. not .what people said. Had heard rumors but always took def. part. Knew that def. had shot at a man when living near witness house, def. told that a man came at night and wanted in and that she shot through the window, def. had beem advised to shoot by her lawyers. Mrs. AV. C. Shead.- -Lived near def. since last winter, gen. rep. was good. Had never talked with anyone about def. moral character and knowledge of defendant’s general reputation was based on what witness knew herself. AVas not governed by what people say. J. AV. McEwen. —Editor and publisher, for 1| years near neighbor of def. Her general reputation is good. AVitness had given some general observation to def., had heard sbfne rumors of one kind and another. AVitness thought he would be good judge of house of ill-fame. Never talks much about “such things.” The defi -was re-called to prove she had never lived in Monon, and other evidence was offered to prove same fact; but the state admitted the faqt.without further proof. This closed the evidence in the case. Arguments of counsel began Monday forenoon. Col. De Hart opened for the state. He spoke for about three quarters of an hour. His speech was eloquent and elegant,' as his speeches always are, but as to its convincing qualities with the jury there might be some question. Capt. Chilcote followed for the defense, speaking about an hour. It was a clear, able, straight-forward speech, reasonably free from abuse and invectives, but a powerful help to the side of the defense. M. H. AValker, the eloquent exprosecutor spoke Monday afternoon., His speech was eloquent, powerful, and full of brilliant wit and rhetoric but it also contained a few ihdiscreet and extravagant remarks which possibly greatly marred its effect with the jury. S. P. Thompson followed in an unusually able argument for the defense. He spoke for two hours. His speech was not wholly free from extravagances, and especially in the way of invective, and it is doubtful if the unmeasured abuse he showered upon Mr. AValker was any benefit to his case. Judge Hammond’s speech/Tuesday fore-noon-was surely one of the ablest ever made in defense of a prisoner in that'teburto rooiii:ltteftecupied nearly the whole forenoon in its delivery and was deep and sniffle in argument, passionate and and earnest in inveclictive and pathetic in its appeals. It could not fail to have -a powerful influence with the jury. Prosecutor Marshall closed for the state Tuesday afternoon. Following two such able orators as Thompson and Hammond, men whose great reputation as lawyers extends almost over the entire state, was a Herculean ti.sk, but no one who listened to the whole speech, with impartial attention will say that it was not equal,to,the,greatness of the occasion. Its delivery was superb, its arguments clear and applicable and its summary of law, evidence and illustration bearing on. the case was deserving of ulie highest comraendi'tion. • Tiie instructions of the Judge to the jury regarding-4h<? law applicable to the case wore very long .• •eiqiyia;: iirobably halt .an bote in their delivery. AVithput q : .r r tioniag th? corroetpess' c u ‘ th" indtrretion ■, in point of k '•••_ maj ffiitl'i'aily say that the universal feeling of ail who he?.•. I'.vm war if th ■ jury felt Louml I >y the in ’r ’-vio:-!-; they yov.ld m-t < Chiclet th? pri-amor. . - Th ‘ 'vs" w j giv?qrto tl • i" i about, 15 nili;.tec.; a: ter 4 o ■•'iocl. Tn" l-;y ,i_ff I ite ’..‘uGa ..was gjvt n ■*! reffteif. ? Ifi ■ nmte.tc; ami th a taken tn the ji'.rv Tpor by -yp- cte!tetelif, H ChurmilL iu whose* charge th?} hllvo be ' • whom iriat

i In about, 40 minutes after having received the case, they brought ifi ! their verdict The audience had dispersed, and but very few persons besides the officers of court were present when the verdict was read. ‘ It was as follows: “AVe the j ary find the defendant not • guilty as charged in the indictment. (signed.) Thomas McCullough, foreman. The defendant took the Verdict very calmly. The wife and other friends of the deceased Steele 'were not present The few spectators present received the verdict in absolute silence. 7 The people of the towh Vitid surrounding country have taken an absb'rbing interest in the case and the ’court room has been packed •with attentive people during the whole trial. r There is a rumor which seems to have some foundation in fact that a movement was in progress among the ladies of the town to organize and run Mrs. Rutherford out of tc.wn, Tuesday night. Be that as. it may her friends lost no time in getting her out, on their own motion. She was taken early in the night to Pleasant Ridge and there took the train, in company with Mr. Miller, her brother-in-law, for Ohio, and shook the dust of Jasper county from her feet, we hope forever; for whatever be her guilt or i nnocence and whatever be her character as a woman, it certainly is better for this community to have her out of it for all time. The bitterness of feelings that this most unfortunate affair has caused will be only too long in sula siding, in any case. A circumstance of great interest has developed since the trial. In moving Mrs. 'Rutherford’s effects from the-ptemises occupied by her at the time of the shooting, there was found yesterday morning, in the water barrel which has figured in this case, what was doubtless the hat Steele wore "when he was shot. It has a bullet hole in tho back part. In fact the bullet passed through the fabric of the hat twice. First passing through the rim of the hat, then the crown. The barrel stood very close to, the door and the attorneys for the defense hold that the finding of the ’ hat in jt, is conclusive proof that Steele was very close to the woman** when he was shot. Another find made in removing the defendant’s goods, and .which, counsel may also think throws some ' light on the case was a tin ’'wash boiler full of . whiskey bottles, some of them still containing a few remaining drops of the precious fluid. It is perhaps, not reasonable to suppose, that this hard working and virtuous lady used the whiskey as a detersive fluid, in her washing and housecleaning operations. There is no question about the finding of these bottles nor of the fact of their ownership. The bottles are there yet, or were late last evening, and on the first visit made by this beloved cousin to Mrs. Rutherford in the jail, the deputy sheriff overheard her remark to the cousin, in a very significent tone, that he must “look after those bottles and get them out of there” and the deputy sheriff went over to the house, before Hilfon could get there, inspected the bottles and locked up the room, where they were.

W e have a written memorandum made by the deputy sheriff, giving ’ the exact number and description of the bottles, as he first inspected them. The memorandum shows that there were 5 pint bottles andfihalf pint bottles thatstill contained a little liquor. 10 pint bottles and 3 half pint bottles that were empty and one broken bottle besides. Two of these trophies from this home of innocence, virtue and honest toil are now in The .Republican office and occupy a place beside the horns from McCoy’s big bull. The most sensational in ideLi oi the trial was that where 51. H. Walker called »S. P. a liar, in a loud lone and tbriptned to shoot him, in an undertone. He was removed from ’fie +ooin by order of the-couTi. The provocation was the assertion by Thompson that Walker hadadmr tedjmving been a pimp for a house of ill fame, for four months. -Walker was not in the co.Urt room when-Thompson made 'he atseitiem . Hundreds Of [kt on’whp f ave, used Ayer.s value, as d stiraniion and to;. tor i re ven ring aud curing baldness* claanAirg ih.? >calp. and resioiing the ;.ouikiul cobr to' fxdid and gray hr.ir. - Yon can-' get r»-»..eqr>jpl.eto set,, lea! heie bound., of Cjaidjitr’s Entry elopedia, <*t the office for SIS. ■ . ' • • . . _ Box /lyiper th > nice, flower, di, for lo <l*. to >O. '• Albums nt’Uic post-officp, ,plu?l----nr .; leV.-' cr, .fixtro M-to