Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-07-03

Witness said be did not know whether they were
or not Immediately the accused fired. Saw a
policemen accompanying the accused pull him
back. and heard him tell him that he must not
fire. Witness was not of Sergeant Cowan's
party, but had been down town and was returning
to camp, and happened to arrive o. the ground
Just at the time of the fracas Witness was not
at all intoxicated He had only taken dram.
de arrived opposite the window of Mrs. Harris
house just Sergeant Cowan was making the
noise. Witness said to him, Don't do that 20
Witness admitted that he himself had taken a
"fence furlough" that night. and was making the
best of his way back to camp. When Sergeant
Cowan gave the order to "charge bayonets" the
point of Maloy's bayonet some six feet from
the accused. Witness did not know whether
Sergeant Cowan was detailed for any particular
duty or not. Sergeant Cowan was drunk, but
Maloy was not so drunk as to be unfit for duty.
William Fitch, policeman in the Fourth Ward,
testified that he had asked the accused to serve
with him on the night in question. Had been
down in the Fifth Ward, and arrived on the
ground about the time of the fracas. Accused
was already engaged in it. Heard accused say
the soldiers that they had no right to break
nto peoples houses if they Dere soldiers. With
that the Sergeant, who appeared to have COM
mand of the men, struck the accused and ordered
his men to charge bayonets The deceased
obeyed the order and made lunge at the ac-
cused, when the accused fired. Another of the
soldiers said that his gun was loaded with buck
shot and he would shoot the accused. The men,
when they obeyed the Sergeants order, were
within shooting and bayoneting distance. They
obeyed him as if they were determined to execute
the order Mrs Harris house is regarded as
house of ill fame. Had seen the accused go out
and in there frequently. Accused boarded at
NJ. Benders Immediately opposite, and had lived
here about six weeks. Took hold of the accused
after he had fired first, and had hold of him when
away, saying don't you see they are trying to
shoat me? But two shots were fired.
George Douglas was the ground of the af-
fray. Saw Policeman Fitch running toward the
parties Heard the man who appeared to have
command of the soldiers, give the order to form
in line and charge bayonets. Saw one OF the
soldiers point his gun at accused. Heard accused
say he is going to shoot me. Heard the click of
the cooking of musket. Saw the accused i'm
mediately fire. There were some ten or dozen
soldiers in the squad. Fitch interfered before
either shot was fred, aid told the soldiers that
the accused was his partner, and whoever had
command Of the squad had better take them
away. Heard one of the squad say he had load
in his gun and would shoot the accused.
Frank Glasier, engineer at No. l Engine
House, happened to be on the ground. Saw the
soldiers drawn up in line under the command of
an officer of some Sort Saw them present their
bayonets and heard the cooking of musket-
Saw soldier make thrust at the accused with
his bayonet, and defendant turned his gun aside.
Saw ore of the soldiers strike accused and knock
him, witness thought, upon his head. Witness
seized accused, who called out. 'let me go, let
me go, or they'll kill me-" The man shot was
the identical man. in witnesses opinion, that
was advancing upon the accused with his musket
and bayonet.
Here the testimony closed, and the case was
submitted without argument. Justice Sullivan,
who presided throughout the tedious and trying in
vestigation with marked patience and impartialty,
said that he desired time for review, and that.
meanwhile remanding the prisoner to Jail, he
would render his decision to-day.