Terre Haute Weekly Gazette, Terre Haute, Vigo County, 31 January 1884 — Page 2

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The trial of Perry Manis, of Anderson, lad., for the murder of Mrs. Kelson, of the tame place, whose body was found concealed in a ravine in this county last October, commenced In the Circuit Court this morning. At 9:30 the prisoner was brought into court by Sheriff Cleary and Deputy Grimminger. He was calm and composed, and did not feetray the least nervousness. He has allowed his beard to grow and it improves his appearance greatly over what it was when he was Bret brought here. As soon as he oame into oourt his attorney Mr. Mack, called him into an aDte room and remained in consultation with him for fifteen minutes, at the end of which time Prosecutor Bhelton aonouacid that the state was ready to procced con ditional on the appearance, or something definitely being learned, concerning an important witness named Jesse Robinson of Madison county, who. waa reported as sick yesterday.

Mr. Mack asked it a plea had been en tered in the case, to which the court after consulting the records, replied that there had not.

Mr. Mack said he deeired to enter formal motion to quash to each of the five •ounts In the indiotment, but said he was not able to point out any flaws, and that he thought it was a pretty good indictment and did not desire to argue his motion.

The court overruled the motion and cave the defense an exception. Mr. Mack, on behalf of Manis, waived arraignment and plead not guilty

The regular panel jury filled the box and Prosecutor Bhelton began examining them as to their fitness. Toe first man questioned was A. G. Thomas, a whitehaired old gentleman, who said he lived in Sugar Creek township and bad conscientious scruples againBt inflicting the death penalty, which exeused him for cause. The vacancies in the regular panel as they occured were filled from the special venire of forty. The regular panel quickly disappeared. Quite a number were excused for having formed opinions in regard to the ease that would require more or leas evidence to remove. Most of these opinions were foimed from reading the newspapers. The examination proceeded with the minutest detail as to the competency ot the talesmen aui the peremptory challenges were not very many in number. At twenty minutes to 12 the special venire of forty, with the exception of half a dewtn who did not answer to their names, was exhausted without procuring a jury ancj selections were made from speeta tors. Only a few were called before both sides announced themselves as agreed on a jury. •£. THK ACCEPTED TW*LV*.

At five minutes to twelve a jmy seeded, as follows: Cassius Carr, of Linton township, had no opinion and what he had read had made no impression on hiB mind.

was

John Maxwell, of Pierson township, bad formed no opinion. He is of the regular panel.

Ephriam d. Kester, of Linton township, had no opinion. Enoch Anderson, (colored) of Lost Creek, said he read the papers, but had formed no opinion.

Enoch Bannister, of Linton township, no opinion as to the guilt or innocence of Manis. Mr* Bannister had some trouble in getting his name right before the court, as the attorneys lor a while kept mixing him up indiscriminately with Enocn Alexander, the colored member.

James Balding ot Otter Creek township, said what he had read had not Islt any impression on bis mind.

E. P. French he had termed an opinion on what he had read, but itcoald not deter him from rendering an impartial verdict on the evidence.

Wm. I. Ritter, of Otter Creek, had no opinion. Lutlier Loutenschlager his name causcd gome merriment when it was announced, as it sounded something like "lemon squeezer," but Mr. 8. took it good-naturedly and laughed aa he took his seat he came from Lost Creek and had no opinion.

David Cloyd, of Otter Creek bad bo opinion. James Compton, ot Otter Creek had no opinion.

Jacob Wells, of the regularpanel had, an opinion which he formed from reading the newspapers, but it would have no tendency to prevent him from judging the case by the evidence and from rendering an impartial verdict.

A11 the jurymen said they bad no scruples or opinions that would prevent them from inflicting the deatk penalty in a case of murder in the first degree. Prosecutor Bhelton was very careful on this point and after be had asked each severally he put the question to the jury generally before announcing that he accepted them.

THOSB WHO HAS "SCEVFUM Of the talesmen, the following bad

scruples against inflicting capital punishment: A. G. Thomas, John H. Kester, Hamilton, ot Riley townabip, Mr. Coons, James Boyle, A. J. Taylor, John L. Dickerson, Thos. Stephenson, Harvey Evans, J. A. Joslin and R. H. Pierce.

Prosecutor Bhelton asked that the jury be not sworn until 2 o'clock, and it was so agreed, and the court adjourned lor the noon honr.

During the examination of the talesmen a delegation of twelve or fifteen witnesses from Anderson filed in singly and solemnly into the court room, and as the crowd was very large they all had a hard time foicing their way through. Towering among tbe delegation was "Cootie" McGriff, Mania' confidante, who was attired richly, and whose good looks attracted considerable attention. One of tLe Anderson witnesses forced her way over as near Manis as she could and drawing his attention to her with some difficulty said: "Why, Perry, you're looking much better than I expected to see you." Tbe prisoner looked around and nodded lightly to her. He seldom took his eyes off the jury bor.

"••L 3

The numbers of the jury took dinner a' the National House. 4 OPSmiS STATKMKjro TO THB JOll.

At 1:10 r. m. the jury was sworn and Prosecutor Bhelton commenced the opening statement to the jury on behalf of the state! He went over the circumstances in the oase against the prisoner, much of which is already familiar to the reader oi the papers. He said he thought the state would prove as far

j»s

human testi

mony could go that Manis was guilty of the murder tbat while it was true that they relied on circumstances it was very often the case that circumstances went a great deal farther upon determining the guilt or innocence of a person th anjany other kind of evidence. It was true, he said, that they would not be able to produce witnesses who saw the fatal blow struck, but when did a man ever commit murder for (he purpose of robbery in the presence ot witnesses^ Men wbo commit murder for revenge, for an old grudge, or in the heat of debate very often do, but men who murder for money never. If Manis had etolea a horse and the horse was found ib bis po-session it would be evidence oi his guilt, or if be burnt dowa a house aud articles that were in the house just previous to its burning were found with him it would justify his convicion for arson, and it its so also, with the present case, where articles in the possession of tbe deceased just previous to her murder were found immediately afterward on Manis, who has not made any statements of how they came in his possession that were not as false as they were contradictory. Ha said they would show by admissions that Manis, like any other man who was guilty, had made attempts to manufacture evidence, ani had concocted a plan lo escape. "Witnesses tee tifying to a certain fact might tell different stories, but circumstances, each one independent of the otber, and all pointing to Mauis as guil'.y ot the murder, were as strong as could be desired.

Mr. Mack, in presenting tbe prisoner's case, impressed the jury Wkh the fact that his client was not presumed to be guilty until every reasonable doubt of his innocence was removed, aod that it devolved upon the 6tate to make out their case for themselves. He said tbe prisoner was hounded down by a host oi detectives and that the public had been inflamed by false, discolored and extravaant lies about the prisoner in the press, 'he circumstances, he claimed, were flimsey and disconnected and he declared the state would not oome within 72 miles of proving that the crime was committed in this county. Ot the property found Manis' possession he said it devolved upon the prosecution to snow that he came by them feloniously and in a manner tbat the law didn't warrant, aud said it was his intention to make no answer until the state made out a case as to that point. He said they would be able to sbow that all tbe time Mania was away from Anderson at or about the 7th of September, when the murder is alleged to have occurred, the prisoner was at a reputable boarding house at Indianapolis kept by reputable parties and that it was a physical impossibility for him to bare committtd ihe murder He said he would not rake the. houses of ill-tame of Indianapolis and the ptnitentiaries for his witnesses.

At 3:30 P. m. tbe introduction of evi dence begun, Frank Jontn, a boy, bein placed on the stand. He tea ifird to conversations between Manis and Mrs. Kelson just before they went away

wbich

Mauis was trying to get her to leaye Aur derson and start a house somewhere else. Mcs. America Jones, his mother, who occupies the house where Mra. Nelson lived at Anderson, testified to her departure and what she haci with her at ihe time of her departure.

Eighteen witnesses came from Audeison this morniDg. Jasper Nelson arrived on the afternoon train. The prosecution is in the hands of Prosecutor Shelton, hia deputy, D. N. Tavlor: Mr. Eittenger, of Anderson, and A. J. Kelley. Mr. Mack is being assisted by Harry Dunham aud H. J. Huston

From Friday's Daily.

In the Manis murder case yeeterdsy the testimony the witnesses ai

Croer-exatnined—He knew it was the 8th before his lather told him soj several others told him it was the tb. He was within a tew feet of Mrs. Nelson and Manis when they were talking about going to Kansas Ci y. The witness stated that his father moved into Mrs. Nelson house Btveml day8 betore she left, he could not tell how many.

Mrr. /liderica Jonts (mother of Frank Jonep) W8S called. She lived in Anderson, in Mrs. Nelson's old bouse moved there the 4th of September Mrs. Nelson letton tbe6:h of September Baw her when she packed her trunk it was a large trunk covered with ainc it was filled with clothes, and bedding things— laces, table cloths, napkins, etc. these were new, and never had been used Mrs. Kelson peddled them around town there was a ehawl in the trunk, it bad been used, and was red and brown, with some white there were clotheg-brusbes in the trunk Mrs. Nelson said she was going to Nebraska, The witness did not know Perry Mania, but knew Mrs. Kelson two years previous to her death. When sbe left Anderson she bad on blue calico dress sbe saw tbe grand jury, and was satisfied that it-the same dress,

Jaaper Nelson was then called and all ey were bent on a clean shaven man neatly drets^d, aa he came forward to ttke'tbe sttnd. He testified: lam tie snof the deceased never saw Mams betore hts arrest to my knowledge tbink iny mother was close to 70 years I have foC

l)0en

eD8B8e(*Jn

*5. the country fur the last four or five years lows: Frank Jones testified that Le the la*.t time I saw htr was at her .gate knew Manis jot acquainted with him at Anderson, when I bid her goodbye on

the first of September knew Mrs. Net, eon hia fattier (me witness') lives in Mrs. Nel-.-nV homo, the oue tbe occupied before she left Anderson waa in Mrs. Nelson's house a tew days before sbe left Anderson Manis visited the house the witness had attempted to sell potato-peelers for Mrs. Nelson, but failed, and then Perry Manis came: he beard Mrs. Nelson and Manis talking about going to Kansas City to stsrt a boarding house they mentioned no other place besides ansas City Manis said it would take $73 for the first moD^b, and that three months' rent would have to be paid in advance he heard no conversation regarding the disposal of property Manis wrote letters regarding the renting of the boarding bouse Mrs. Nelson left Anderson on the 6th. Hire the witness got eenfused, and couM not tell what month it was he knew it was in lair time.

old lsdy when she lrft. The witnesa had the castody of it Jaapcr Nelson waa Baw Mrs. Nelson kin a large roll of prcaant at the opening of it he described paper mooej. which sha (Mm Kelson) placed in her besom she also had silver money tied in a handkerchief. Mrs. Nelson aenl Mr. Jooes after an insurance policy, which the old lady pnt in a pocket in her skirt. When Mra. Kelson left she took a basket filled with provisions.

Cross-examined—There waa something peculiar about the dress the skirt and overskirt had large flowers the trimming on the anderskiit was also peculiar.

James Jones (husband of America Jones)*was called, and testified in substance the same as his wife. He went after the insurance policy lor Mrs. Nelson saw Mra. Nelson have a roll of paper money as large as his arm did not know how much there was. Crossexamination—Baw Mrs. Nelson's trunk it was not the one Perry Manis brought to Anderson when he returned.

The prosecution stated that several of their witness were not present, but would arrive this morning and desired the court to adjourn and the court adjourned until this morning. raooKBDises this hokkino.

The court room was fairly packed James W. Jones (recalled) testified that the Anderson tuir last season began on •September 8rd and ended on the 7tb Clara Dean and her mother were both at Mrs. Nelson's when he called

Clara Dean, a gill of aboat SO, testified that she lived at Anderson with mother knew Mr*. Kelson and Manie: she worked a good deal for Mrs. Nelson at her house saw Mania there was at Mrt. Nelson's house the day she left saw Manis time tbe day before saw him there two cr three timea that week they were talking about going away and starting a boarding house, and wanted her to go with them she said she couldn't Mrs. Nelson wanted %6 know whether if she would send for her when they got there she would go* sbe said she couldn't she helped Mrs Nelson to pack her trunk the d*y before she left remembered what was put in and could identity tbe articles it sue saw Oiem now these bracelets are ners those are the ones she put in the trunk this chain is the one she put in her trunk she put in lots oi tdbleclotbs and other articles similar to what I see here saw pencils put in libe these saw handkerchief!', like these she had made np dresses. like this piece ot goods saW Manis the day the truck was packed he was sitting in the house and was singiag pait of the time

Cross exami'ed—I have talked to Messrs. Vandever and Eittenger about this case: the jewelty was taken out ot a box in Mrs. Nelson's room I was stand ing beside the trunk when it was packed I did the housework for Mrs. Nelson and my mother did her washing,

The prosecution asked lor an attachment lor iiilena Winton, of Madison county, which waa granted. Mr. Bbel ton said she would teetify that Manis had givea her (his sister) a piece of the goods identified as being in Mr*. Nelson's trunk at the time of the packing OP

Mrs. America Jones, who testified yeeterday.came to the «tand with Mr. Mack. 6be said she bad told all she knew about tbe *.a8e yesterday and as she had a sick child she wanted to go home to Ander sjn this afternoon. Mr. Mack objected to bev leavings«nd said be wanted ber to remain until the termination.of the case. She said sbe was willing then and tbere to answer any questions that he might propound to ber, but she was going homt at three o'clock to-day. She took the stand. Mr. Mack said he waa not ready to examine her. Mr. Bhelton said he bad summoned the witness here and that if Mr. Mack didn't want to ask her any questions she was discharged and could go. The court was appealed to by Mr. Mack and said it had nothing to do with the witness. "Too don't ask to hare.her put in jail, do you said the court amid laughter. The court refaired the witnets to remain an* said she was now in the hands of Mr. Mack, who could allow her to go home it he wanted to.

selling linen goods over

the 20th of last August this buff table ci this exactly like one I gave my mother so is this handkerchief this rair of chain bracelets are hers, I think I took this pair, or one exactly like it, to Mr. Church's jewelry store in Anderson last June to have them fixed pretty positive these are the ones this silver watch chain looks like the one she got from me this neckchain is hers I got it at Wincheater, Ind., last March and presented it to my mother she gave me this ring that I wear at that time I waa at Cape Girardeau when I heard of my mother's murder my mother had gray goods like this this clothes brash was hers I gave it to ber last August it has lead pencil marks around the bottom of it that I made myself (the witness took tbe brush up to the jury tox and showed the marks to the jciy the next time I saw this brush was in the back room of 'SquireTraeblood'soffice at Anderson it was in a trunk said to beiong to Manis I described tbe marks on the brush, if it waa mine, to the partiea assembled in the room before the trunk was opened, Constable Don iny, of Anderson, had charge of the trunk havn't seen the brush since mn il now mother was very feeble and her vision was no bad tbat she could hardly recognise a person except by voice that's tbe way she told me she got $900 from Mr. Bronnenberg on tbe 18th of August I saw the ehecka.

The craM-exam' nation was long and laborious, hut resulted in nothing new. Witness denied having ever tried to kill his mother he said he waa thirty-eeven years old.

Wm. Shirk testified:—1 am a jeweler of Anderson know Jssper and Mrs. Nelson Jasper brought a pair of bracelets exactly lice this tome to be repaired the wire thai held a link had broken off it was with me two or three weeks Mrs. Kelson came and got it then I did not repair it, as I did not have the suitable material.

Cornelius Dohery testified: 1 am a constable at Anderson have known Manis sinoe 1879, when I arrested him for stealing a horse at Indianapolis I went to his lather's home with a search warrant for hia trunk Jasper was at that time in jail at Terre Haate I took the

also tbe skirt she pinned them on the'trunk to *Bqiire Traeblood's office I

the pencil marke on the brush before he saw it. and when it was shown to him he identified it I have had the custody of it since Jasper also identified the watch chain these pencils are the same that were taken from the trunk I had a conversation with Mania when he was in jail at Anderson before he was brought here he said he bad bought a horse costing $12S and a buggy costing $130, and borrowed $326 from his mother he first said he had got tbe trnnk up on Washington street and then he said he bought it at the depot of a traveling man he said there was nothing in it except a shitt and some table cloths.

Isaac Commons testified: I live at Anderson I know Manis and Mrs. Nelson I saw Mrs. Nelson get on tbe train foe, Anderson on the evening of September 0th I saw Manis board the same train, but do not know whether he went into the same car she got on at one end and be at another.

Cross-examined'—I was 20 or 40 feet away from him I can't say whethei he a beard or not, or how he was dressed.

Samuel Cook testified. I live at Anderson: I know Mrs. Nelson and Manis I

was at the depot at or about the 6ih of September I saw Mrs. Nelson and Manis get on the train for Indianapolis.

Cross-examined—I was at tbe Anderson fair tbat day I think he wore a dark suit and had beard on his face.

Frederick Bronnenberg testified: I live in Madison county Mrs. Nelson was my sister I will be 72 years old next June: she waa about two years and a month younger than 1 I didn't know Manis until he wes arrested then I had a conversation with him abuUt the money aod the murder I told him the fact that oe went away from Anderson without any money and came back with the large si in theysaid he had, was a very suspicious circumstance and I asked him to explain it to me he said hia mother gave him $900 and that he got $25 from a female friend, a woman named Mrs. Moore.

Court here adjourned till 1:30 r. THIS AFTERNOOK. Court met promptly. The crowd was the largest probably that the court house has seen tor along time.

Frank Robinson testified: 1 will be 31 years old next June I am a first cousin of Manis I was at fis father's, my uncle's, near Frankton, Ind., in September last. Perry brought a trunfc there and opened it these tablecloths are the same that he showed us out of his trunk then Perry said be had been to Indianapolis buying and selling goods, and that was how he got them he had a red shawl and offered it to his mother, who didn't take it, and Perry said: "I guess you don't want it. It will make a good lap-robe" saw bim have thiee $100 bills and a number of fires and tens he counted out the money while

Bitting

on the poich of his father's

Louse in the presence of Johnnie Manis, his brother, and myself he gave his brother Mat and his father each a $30 gold piece had a watch wbich he said he paid $108 for about week afterward I was with him when ne bought a buggy for $130 and some harness he bought a horse the same day it was on Tuesday afternoon that be brought the trunk to his fathers.

Dr. T. W. Moorehead testified that he examined the skull ot the deceased the next day after it was found and has had it in his possession ever since the skull was fraetured, which was produced by a blow ol some kind the doctor described the fracture to the jury the blow which etiused the fracture would have been sufficient to produce death it extended down to the mouth and the back tooth was knocked out think there must have been more than one blow cannot say as to whether the fracture, judging simply by an examination of the skull, was made before or after death.

Mrs. Dilts testified: 1 live in Anderson know Mrs. Nelson and Manis on the afternoon of the 6th of September between

and

The proceedings were enlived occasionally by tilts between tbe attorneys, which served to keep the spectators in amusement.

"From Saturday's Daily.

The following additional testimony was adduced in the Manis murder trial yesterday after the GAZBTTK report closed:

Marshal Coburn, of Anderson, identified the bracelets. Mrs. Nelson was security for the fine of two girls who had been arrested in Anderson, and she came and offered them for the fines.

FrankieHowe, of Indianapolis, who conducts a •'resort* on Illinoia street, testified that she saw Perry Manis in Indianapolis the week of the Saengerfest. He called to see Linda (Cootie) McGriff and he had no money then. He went away and came back in three or four days. Tbe second time he visited tbe house he had plenty of money and a watch and chain. He ^wanted to trade chains with her. Manis said he was married bnthad parted from his wife. She said tbat perhaps he did not keep her right. He said he did, and pulled out his pocket book and showed her a roll of bills.

Linda (Cootie)M,Griff was next called. She testified that she went to camp meeting with Manis. Saw bim have

[Centlnaedon Thiid Page.)

NEVER FAILS.

l« E VIV

o'clock I saw Manis

at my pump getting a diink of water that was betore the afternoon train left for Indianapolia I know of Mrs. Nelson having some bracelets she wanted to sell them.to me these bracelets are, I am satisfied, the ones.

Miss Angie Conncrs, a prepossessing and exceedingly ladylike witness, testified: I live four miles northwest of Anderson have known Manis since the 17th of last February he preached at a school house near where we lived he has been at our house I saw him on the llth of September he said he had a pair of bracelets for me on the 17th of September he saw mo at Mr. Huntsinger's and gave me a pair of bracelets he told me first he bought them at Indianapolis for $40 and again, at another time, that be had been selling bracelets and that was the last one he had of the lot he told me not to tell who gave them to me I wore tbem only once, as they did not fit me I saw him have a roll of money be Baid it was $600.

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GLR&Lfil

TREATMENTS

Da E. C. West's Nerve and Bbain Tb8£$# Kent,a guaranteed specific for Hysteria, Diasi ness. Convulsions, Fits, Nervous Neuralgia, Headache, Nervous Prostration caused by the use of alcohol or tobacco. Wakefulness, Mental Do-., pression, Softening of the Brain resulting in ia sanity and leading to misery, decay and deatk* Premature Old Ago. Barrenness, Lose of power in either sex, Involuntary Losses and aijermat* orrhcea caused byovor-exertion of the brain, settabuse or over-indulsenoe. Each box containsone month'8 treatment. $1.00 a box, or six boxes foF $5.00, sent bv mail prepaid on receipt of priea*

WE GUARANTEE SIX BOXES To cure any case. With each order received bjiw for six boxes, accompanied with $5.00, we wim send the purchaser our written guarantee to rofund the money if the treatment does not offestj t»curo. tiiiarantecs issued only by

CHAS. F. ZIMMERMAN,

Druggm, 1241, Main street, Sola Agent.

BLOOD CUBE

A 8PEOIFIO CURE FOR ALL DI8EA8E8 O* THE BLOOD. LIVER, 8TOMAOH, BOWELS AND KIDNEY8. FOR ALL DI8EA8E8 ORIQINATINO IN IMPAIRMENT OF THE BLOOD, A8 ANJC. MIA, 8ICK HEADAOHE, NERVOU8NE88, FEMALE WEAKNE88E8, LIVER COMPLAINT DY8PEP8IA, JAUNDIOE, BILIOU8NE88. ANO KIDNEY DI8EA8E8, THIS MEDICINE 18 A POSITIVE CURE. THI8 MEDICINE 18 ABSOLUTELY VEGETABLE. IT RESTORES THE BLOOD TO A HEALTHY OONDITION. REGULATING EX0E88E8 AND SUPPLYING DEFIOIENOfCS, AND PREVENTS DI8EA8E. DIREGTION8 IN TEN LANGUAGES ACCOMPANY EVERY BOTTLE.

PAPIU.OM MFC. CO., CHICAOO. For sale by

BUNTIN & ARMSTRONG

-AND-

GULICK & CO.

Terre Haute, ln€.

GOLD KKDJ.T. TABJS, 1W BASRA'S

MM Cow

Warranted mbtolutelff pur* Cocoa, from which the esoe® at Oil has been removed. Ithatfru" timef the ttrengih of Cocoa wi W •with Starch, Arrowroot o» SO| pi and in therefore £ir more 00004 eaL It fc delicious, irerlaftto strengthening, easily digested, tm admirably adapted far invito well aa for persons to beahlT

Ml fcy GroeerseTWfwfcwt

mm ico, ADVERTISING AMXiaios

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