Rensselaer Republican, Volume 20, Number 9, Rensselaer, Jasper County, 3 November 1887 — NOT GUILTY. [ARTICLE]

NOT GUILTY.

The Slayer of John Steele Goes ClearIncidents.and Evidence in the r Greatest Trial Ever iield lu ■■ Jasper County —X— Jlle trial of Hannah Rutherford for the killing of John B. Steele, on the evening of Sept. 14, 1887, by shooting him through the brain with a revolver, is ended. Twelve good men and true have heard the case and say she is not guilty as charged in the indictment—lt was, undoubtedly, the greatest trial ever held in the county, and the one watched with the most absorbing interest by the people generally. In view of this great interest The Republican has no apologies to offer for having devoted so much attention to the. case, to the unavoidable exclusion of nearly all other matters of local news. On the contrary we believe that ohr many patrons and friends will appreciate and commend our great enterprise and labor in giving them so full an account of the trial. But while we feel that our account is remarkably full And complete, in vieVv of the limited facilities at the disposal of the average country' newspaper, we must at the same time regret that what we have been able to tell is so small a portion of the whole case. The trial was a great drama in real life, with many actors, acts and scenes, requiring four days for its performance, and to repeat it all would require a half dozen issues and more, of a paper like this. The abstracts of the evidence we

give are very full. Correct, we believe and impartial, we know. In it we have “nothing extenuated nor aught set down in malice.” We can not give the questions which drew the evidence out, the laws, decisions and instructions bearing on th© 'case, nor the eloquent and exhaustive arguments of the able counsel ranged on either side. Late on Wednesday evening of last week there arose a pretty general feeling among our | people that the formidable array of legal talent, on the side of the defense, consisting of three such eminent attorneys as Messrs. Chilcote, Haminond and Thompson, made advisable a strengthening of the counsel for the State, and as a result Col. R. P. DeHart, of Lafayette, was called by telegraph and M. H. Walker, of Fowler, was sent for by team. The former entered the case as a hired counsel, the latter was appointed by the court.

THE JURY. The work of empannelling the jurv began a little before poon, Thursday, and to the surprise of everybody, the full panel wa'stcompleted before court adjoiirned that evening, The names and residences of the twelve, gd6d men who. tried the case are: John Martindale, of tp., Win. McElfresh, Barkley, T. H. McCdllough,'Gillam, James Sheetz, Car•pentor, C. G. Austin, Carpenter, David Culp, Hanging Grove, Fleming Phillips, Hanging Grove, John Tillett, Gil'liim, Harvey AV. Wood, Marion. Jay E. Lamson, jordan, AV. L. Rich, Carpenter, John Bilker, Newton. All are fdrinef-s, ail, or nearly all, well proVsAd with this world’s goods, and all men of prominence and high Vepute in their several neighborhoods. The five first mentioned bf longed to the regular panel of th e October term, the other seven were selected from among the special venire of fifty, drawn for tl ie occasion.

The short hand reporter for this ci ise was Bert P. Davidson, of La- , fj iyette, a most skjllful man in his line. . . At the beginning of the ease I ’riday morning about all the wite esses in the case, a mighty tjhrong, were gotten before the| oourt and sWoru, in a body, l theh instructed by the court not to <j&lk about the case, or the evidence they should give and; on application of the defense, were ordered to keep outside the court room during the trial, but within call when needed. This order keeping the witnesses all outside was a great hardship to the near friends of both the defendant and the deceased, who came long distances to be present at the trial, and, in their cases, as unimportant witnesses,

seemingly unnecessary. Large printed placards, bearing the words: "No Witnesses Allowed to Enter” were posted at both the lower and upper doors of the court room. This order was strictly enforced in most cases but was relaxed in the case of two or thj.ee witnesses after they had given, their testimony, includi»g"“*Mr. Hess, brother of the defendant and father of the deceased. M rs. Rhetta Steele, widow of the deceased,- was present during the whole-trial and accompanied by her sister-in-law, Miss Steele. The defendant, Mrs. Rutherford, had no female companion except her little girl, Minnie, a remarkably pretty child, of seven years. The opening statement for the prosecution was made a little before noon, Friday, by Prosecutor Marshall, who briefly outlined what the State expected to prove. It may be properly stated here that at the beginning of the case the Court made a rule, on application ot the defense, that not more than five witnesses should testify on a side, on any one point. * The first witness called was Corbner Philip Blue. He testified as to the identity of a revolver which had been in his possession since the inquest. The weapon was handed him by W< B. Austin, of Counsel for the defense, on the second day after the shooting; with the statement that it was the one found by him (Austin) on the night of the shooting, in Mrs. Rutherford’s house, on a cupboard or bureau. G. E. Marshall—Testified as to having been shown a revolver late on the night of the shooting, by W; ’B- Austin, who said he had just got it in the defendant’s house. Examined revolver at time and found one barrel had evidently been fired, very recently, showing fresh powder marks and dent in end of cartridge. It was a cylinder revolver, 5 or 6 shooter, and seemed about a 32 calibre size. Could not say positively whether pistol shown in court was same weapon or not.

F. P. Bitters—A physician of Rensselaer, called to attend Steele, short time after shooting. Found him on vacant lot, near Mr. Shead’s house, a short distance from defendant’s residence. Body was warm, but life extinct. Examined body and found bullet hole in back of head,, and swelled out place in front of forehead, where skull was bulged outward. AVitness supposed bullett passed directly through brain, from hole in in back of the head, to swelled place in forehead. Death must have been almost instantaneous. I Witness thought hole might have been made by 42 calibre ball, but upon reflection, said it might have been not larger than a 32. Examined wound very closely and could find no singed hair nor powder marks near the wound.

AV. AV. Hartsell—Physician, of Bensselaer, made post mortem examination of body of John B. Steele, on night of killing, Testified as to course of bullett, through head, from back to front. Also examined wound very closely, but found no powder marks or burnt hairs.

FRIbAY AFTERNOON. AV. B. Austin.—ldentified revolver as same he had given coroner. Found on top of Cupboard or safe, in defendant’s house; About 8:30 on night of shooting. AVent there alone. No one directed him where to find gun. Described house : 4 rooms, 2 had beds in. Did not fintl any other gun. Went to house to shut doors and put out light. AV as sent by defendant, Airs. Rutherford. She told him nothing about the gun. .

Cross Examination, by defense, —Couldn’t say how gun laid when found. It was in open view. Light was burning iu front room. House has front door and back door, and an inside door nearly on a line with those. House about 16 by 24 feet in size. Beds in house Were made up. A small shed juts out from back part of house.

Witness here related what de-; iendant said to him when he saw , her, in jail, a few minutes after I her arrest: Said she had shot a man, didn’t know who, was sorry and didn’t intend to kill him. Asked witness to telegraph for Jerry Hess, her brother, and Stephen J. Miller, her sister’s husband. Defendant seemed much distressed. Witness gave, in effect, the defendant's account of the origin of the shooting: She said she was in her front room .talking with

Chas. F. Harding, saw man at hei back door, said, Who’s .there Went to door and saw another man, told tWm to go Away and not stand around my house, it makes people talk and say Lwl things about mA. Man. jflod Pre —-—■ before and bate Jjavecofne to do so again.” He also said, “You have another man here.” I said, “Charley come and tell these men who you are and what here for.” Charley told man he oughtn’t to talk that way. Steele said, “Let her keep her damn gib shut.” She went out side of house, near window wet Steele. He cauget hold of her and she saw knife in his hand. He said, "By G~d you’ve got the( ) I’ve something in my hand I can fix you up with.” She also said Steele struck her on the shoulder. She then went into house, Steelefollowed'. She stood inside, in door. Steel partly in door, to her right, M. D. Rhoades close by, outside leaning against water barrel. Steele said he had &c., before, and could prove it. She said he couldn’t prove it,took hold him, shoved him out and shot.. Said she shot to protect herself, and didn’t intend to shoot him. Mr. Austin further testified that he had been at house in day time, since shooting. There was onestep at back door, below, and in front of this, a flat rock. Back of house is near river and ground descends towards it. Witness added that in the conversation above narrated, defendant said she knew Steele meant to do her harm. he direct examination. Was in jail talking about 15 minutes. Had several interviews since. Didn’t remember seeing defendant on steps of Hammond & Austin’s office, 7 or 8 days before shooting, and hearing her say to witness "I’ve got a reyoh er new and will fix the next one.”

Marshall D. Rhoades. —Knew John B. Steele a year or so. Saw him last alive, evening of Sept 14, 1887, at back door of defendant’s house. Saw him same day at C. R. Benjamin’s funeral. Also, about? or 8 o’clock, in Carew’s saloon. Did’not go in with him, he was already in. Played three games pool with Steele, then drank some beer. Left saloon with Steele, then walked to ‘Li bent! Corner.’ [The building on corner Washington and Front streets oecopied by J. M. Hopkins’ furniture store.] Steele said “Lets go to the Coal Oil Well.” [The flowing artesian well, near bank of river, in southwest part of town.( Went to well, Steele said, “Lets cross and go down on other side.” They crossed on rocks,, little below well, about in rear of W. C. Shead’s house. Steele now proposed to go into defendant’s house [which is on the bank of river, just opposite the well.] Witness said no use to go, but they went. Steele did not say what he wanted to go to the house for. Went through or under wire fence, and approached house from the rear. Steele w r ent up to back door, it was open, could see no light in house.

A little shed is at back of house. Steele went to door, heard talking, said “some one in there.” We went around the corner. Defendant came running after us and told Steele to go away and stay away. She said “I know who you are and want you to go and stay away.” Don’t think she called Steele by name. They started towards back door, Steele walking beside defendant and talking to her. Couldn’t tell ~how she was

dressed nor if she talked angry. She spoke sharply/ 1 Steele and defendant went to-back door together. Witness stood back. She called Harding to the door. Think for a second time. Harding camto door. Witness walked up and talked with him, at left ,of door. Harding came to door. Steele and def. were talking, she inside house, j he inside or one foot in and the other on the step. Witness don’t know what he talked with Harding

about. Steele and defendantseemed angry, he said he had had relations with her brnm man next night to prpvf ft- Next time noticed Steele he was 2 steps from door, then revolver was bred and I looked, at the woman. Harding ran out, lifted up head of deceased in his lap and said God, you’ve shot him.” She said, “If I have I am sorry for it and will give myself up.” / Witness then went into house after light, took it back, and he ' and Harding carried deceased towards town 150 feet or so. He

The giriti space* devoted to the Kutherfonl trial in this issue of I .11. ItEPVDLICAN is re.eoi; sillfici- ■ -.; why ve need not indulge in Mended comment upon that subject at this time. This much we will say: Having heard all the •vidcnee in thecasethat was per■ibtted to go before the jury, the latt applicable to the ease, the nrgunv'’jt< of counsel nnd the iiistrnctioiis of the court, we dill not and could not expect, a vereict other than acquittal. We will add nirthy. and say it jiphaticaik, any sl;i*eni-. which have Wen made in the papers of' neighboring towns to the effect that the general foi ling in this town is of satisfaction w?th; ihe -vei’dici, is- wholly false. Senti-iiit-ni is divided, and there nre it great many goodpeople on either rdde of the-iiuestion who believe.j strongly, but as to the side on which the great preponderance of opinion lies, we say unhesitatingly that it on the side of great dissatisfaction with the verdict. A word as the character of this woman: It is undoubtedly bad,! and those good people who have ! been so ready to stake their lives, almost, on the question of her virtue have been shamefully deceived: by the arts of a cunning harlot. The Democratic Sentinel, in reproducing Senator Thurman’s, speech m regard to the .President,! makes the senator say, “L belie re he is an honest, well meaning ma.” We never know before that liis sorene fatness' over figured in the capacity of a “ma” but he has some reputation as a “pa” and it is not at all to his credit The following from the editorial columns of the Indianapolis Jour, nal contains considerable truth with the bark bn IL The indications are that the people, in locating the responsbility for the Green lynching, do ir >t forget to accord a due share to his attorneys. The finding inGreeu’s „ pocket of a written contract by which his lawyers were to be paid £I,OOO each for defending him. whom every man in the county knew to be an unmitigated scoundrel, was not calculated to put the. lawyers in good favor, pud. when one of them appeared at the scene of the lynching and began to bluster he was bluntly informed that there was rope enough left to hang a himyer-if necessary. A c rres.pendenf cf the Journal.' writingfrom Delphi, gays:.' “The attorneys, in the opinion of a great -many people, were the. immediate cause for the tragic 1 the affair. They picked flaws in the indictment and had itset Then pending a new indictment they asked for a change of venue,” ’ 5 eet This is the old story—law 1 ; yers hired to defeat the ends of justice and assist a notorious criminal in escaping punishment The common sense of the peci.de i.-: right in holding thegfcdo a share of the responsibility. It is gettingso it is hard to tell whiih ; re ths !"I..worstenemiesof society,ciiminG., or criminal lawyers. -

then ran to G. M.. Robinson’S house, called for him, when Town Marshal Henry Wood came, and the two went back to Steele. Wood then started for a physician. Wiiness went to W. C. Shead’s house and got a Mrs. Rutherford was in Shed’s house, also Dept Sheriff Yeoman. When got back to Steele people were there with light and stretcher. , v Was near when Steele and defendant were talking. Thinks he heard all was said. Steele did * nothing. Did not see him have : any weapon, saw knife after be i was shot. Harding called attention to it Didn’t hear defendant say anything about S. showing knife. Was 3or 4 feet away, she stood in door or a foot or so back. Witness stood right by the door jamb. Steele was 3or 4 feet from defendant and was on the ground, going away when revolver was fired. Fall not more than three steps from door. Did not speak nor groan after the shot. : Thinks this was about 8 o’clock. About dark but could see pretty well. First knew Harding was in house when def. Called him out. Steele was of medium sze. After lie said lie had had relations with the woman it was only a few seconds before ho was shot. Defendant had not acted angry until after Steele said he had Ac , then abted angry. CROSS EXAMINATION. Saw Steele at saloon between 7 and 8 o’clock. Played pool, Steele won 2 games, witness 1. Hadn’t spoken to him before * that day. Don’t know whether drank before that day or not. Steele said nothing about supper and nothing about going home. Had no purpose in going to Liberal corner. Don't know what talked about in going to Oil Well. Drank at well. When across river did not go direct to defendant’s house. Steele didn’t say what he wanted to go to her house for. Witness went just to go with Steele, stopped at shed., Steele at door. Defendant ordered us away, don't rememember what Steele said. He didn't a tai t away when oi dered. I don’t remember what he said Did not expect she would shoot. Sure he saw Steele start to leave. Witness! noir Harding did not protest against the language Steele used. Did not hear him use the word—-more than once. Steele either had one foot in house when talking with def. or was all in. Don’t remember all was said, was badly seared. ' Defendant gave us to understand that she did not want us there, she left with little girl a few seconds after shooting. Didn’t see whether Steele fell cn face or back. Saw him start away from door. He was in sight all the time. It was some dark. Didn’t hear a buggy drive through the river. Knife was open. Witness shut it. Thought knike shown in court was the same. Harding said “There’s his knife.” A. M. STEELE. Live at Otterbein, father of deceased, whose full name was John Beniger Steele. He was 2d years old. Came to Rensselaer in May 18jsG. Been married five or six months. . Jubn stooped, carried head forward when lie walked. CtIOSS EXAMINATION. Don’t know how tall John was. He wasp't hump-back but round shouldered naturally, walked bent. JAS. W. STEELE. Oxford, brother of 6 deceased. John learned tinnei’s trade with another brother, E. C. Steele, of' ! Oxford. Never knew any bad habits in deceased and never saw him drunk. He stooped in walking. Never knew Jbhh to quart ack out by ruling of eouH.i} Mrs. Henrietta Steele—Widow of deceased, married Apr. 2, Txs7. Saw him last alive at noon, Sept. 14, last. Next saw him lying dead on street. He was 26 years old, witness is 21, her parents dead.' CROSS EXAMINED. Deceased was home for dinner last time saw him, left right away io go to band room. Didn’t come to supper, left in good' humor. Married life happy. Waited supper until 7 o’clock, then went to look ior him. Looked up and down street, sent man into Carew’s saloon. Then looked into doorsa--1 -i. Some one inside said ‘-come takes Ilriuk. Don’t know who, supposed saloon-keeper. Deceased sent no message why he did not come to supper. Never stayed away before. ‘SUesiff Yeoman.—Knows de; ' fendanfr, her age:2B or‘ib years. Tye. Prosecution here rekted-their THE DEFENSE. J Opening statement waived. Dr. W. A. Sarber.—Physician o' Indianapolis. Knows deferd- ‘ ant smee 1883. Called to see her, V !.en sick K in Indianapolis. She tin'.re about two years ago. Was, married,, knew husii.iml, An ! drew Rutherford. He always Spoke

!of defendant as his wife. She has always been deaf, but did not tt&e ear trumpet Her health always, delicate. Had catarrh, nervous weakness and lieart trouble. Occupation washing, considered her industrious. (Coart sastainedob--jections to questions as to husband’s habits, wife’s affection and husband’s support.) Def. left Indianapolis 2 years ago, went to Ohio, six months - after came to Rensselaer. Her general rbputai tibn for peace and quietness was good; Did not think her strong ! enough to do washing &c. Under- ; stood she was compelled to leave' ; husband on account of his failure ! to support. She came to his House I for food. Witness’ wife knew def. i latter, often called at his house; Benton Lefever.—lndianapolis, carpenter, knew def. from 1883 to ’BS. • Families acquainted. She seiVed for witness’ children. Occupation, washing, sewing &c. She and husband lived together. She was always deaf. Reputation for. peace and quietness good. CROSS EXAMINED. Never heard question of her peace and quietness discussed. RE DIRECT, Never heard of her quarreling nor injuring anyone. A. 31. Pierson. —Indianapolis, carpenter, knew defendant l-£ yrs; testified as- to her good Teputation for peace and quietness. CROSS EXAMINED. Husband abused her. Neighbors said she was peaceable. Is deaf. Never heard of her having quarrel. Airs. Pierson. —Wife of previous witness. Testimony essentially the same.

Mrs. W. C. Shead.—Rpnsselaer. Live 275 feet from defendant’s house. Latter has window r towards witness’ house. No obstructions between houses. Def. lived in that house since last winter. Husband was home evening of Sept. 14. .Witness just laid down with little boy, heard a shot. Did nothing. Def. been tq her house that day to borrow- a tub. Did big washing and saw her carrying water from river a longtime,towards sundown. Saw d.'f; about 5 minutes after heard shot. Def. knocked at -witness’ door. I'hought shot was at Oil Well. Did not get up until def. came to house. Heard talking and disturbance outside, as though something dreadful had happened. Def. was arrested in witness’ house, latter present when arrest was made. Little girl came with defendant. Did not try to conceal herself. Walked from room to room, throwing up hands. W. C. Shead. of previous witness. Residence near south end of River street. Knew of the shooting. Saw def. borrow tub carry water that day. Was sitting on bis back? steps a little after sundown. About 20 minutes to seven heard steps on rocks itr i iver, about 125 feet from where sitting. Dog barked and went down to see what at. Saw 2 men, -They struck across vacant lot, crawled through wire fence and went to side window of defendant’s house and looked in. A buggy drove into the river on Work street and stood in river while men were at window. Men went around corner towards back door. Came back soon and a third person was with them. Thought it was a wotean. Heard a woman’s voice say “1 tell you to go away from my house.” Went up stairs and perhaps 5 minutes after heard gun. Don’t seem more than minute after shot before defendant came. Heard little girl say “let my ma alone.”

CROSS EXAMINATION. Heard talking at def’s. Muse. Did not heaf mens’ voices. Distance to defendant’s house about 200 feet. Did not know a man was in her house. Was home all afternoon. Know Harding. Did not hear any men there that day. Heard no call for help. House is in calling distance. Stephen J. Aliller.—Champaign Co., Ohio. Wife and defendant are sisters, known def. 14 years, married 10 years ago. Defendant resided at witness’ home Gunonths before coming to Rensselaer, she has always been deaf. Witness’ wife not here, being sick; def. Las a brother Jerry Hess. SATURDAY MORNING. . C. Shead, recalled-Probably 5 or 10 minutes after hearing woman’s .voice that I went up stairs. Clock struck, soyen, as Went up stairs. CROSS EXAMINED. ; Saw two men coming across the river. Saw, 3 persons in defendant’s yard and one .was a woman. She was about 20 feet 'from her door. The three persons stood in m) groups Think 1.3 or 2‘l minutes elapsed after hearing the talk before beard the shot. Did not woman go back into house. RE I EXAMINATION. - A num --lived-dr"defendauTs (IOXIINIKD </X jTH TAUEJ