The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-09-03


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CONCLUSION OF EVIDENCE IN CASE OF
STATE OF INDIANA vs. RoBERTs & Crow,
FOR MURDER OF HERKE AND CHILDREN
Court met pursuant to adjournmen4,
when the following testimony was heard:
Robert Farley, being sworn, says: He
is Deputy Sheriff; went to Herkes about
i o'clock Saturday; seen a little girl on
the floor dead, with her skull all Married,
another on lounge, and two on bed;
about 100 yards from the house saw the
eorns of Harke, surrounded by two other
men; was again there on Monday
morning; went down to road to right,
crossed fence to a plowed field;
found stake and followed tracks to
piece of woods; crossed to Bumps field
and found other tracks; saw Mrs. Bump,
who said she saw two men pass there
Saturday; shoes 1T tracks exactly; found
one track which seemed to show prints
of nails corresponding with those in
shoes; they were army shoes. bad
conversation with prisoners, who said
they had been at Jarvis for fruit; and
returned at dinner time.
T. T. Scribner, sworn:
Testified substantially as Wolfin and
Farley, in regard to shoes and tracks.
DIR. Bray sworn:
Called at house; seen no dead bodies;
operated on a child with confusion on
head. Thinks the deed was done that
morning.
Joseph F. adams sworn:
Is photographer; says a photograph
of Herke was taken by his father, and
he made magnifed picture from it,
showing the figure Of a man in the eye of
the victim. Here he produced the pic
ture, and explained as follows: The out
lines are dim; moLstache blacker and
heavier from effects of chemicals used in
magnifying; looks to me as much like
one man as another; you can observe
high cheek bones, moustache; think
the chin had no beard on; looks to me
--''-9-s GRAZ y5z.4fd or dr4nlen man; seems
to me no sane man in state of excite
ment could look that Eay; in nv mind.
picture should not convict anv man. it
is too indistinct; bears no resemblance
to prisoner, Roberts, except the ears and
high cheek bones
Prosecution rests the suit.
WITNESSES FOR DEFENDANTS.
Hiram Nelson sworn:
Was at Herke's house on Sunday:
was IN the room while the prisoners were
there; was out not more than ten min
utes while they were there; several per-
sons went AMI conversed with them in
German, which I could not understand;
did not hear any articulations from the
children, who seemed stupid, and not
disposed to speak.
Cross Examination Children looked
at prisoners, but did not seem scared OR
excited; one of the men-Roberts-ap
preached the bed and asked the child if
she knew him, but she gave no answer.
Noyes White sworn:
Am Ward Master and Acting Commits
sary Steward at Hospital No. l, Evans
vile; saw prisoners on Saturday; saw
Roberts on Saturday at 20or 80 minutes
after clock in the rankss rallied the
men at 20 minutes after 9 o'clock; saw
Crow as he passed through the ward after
roll call; did not see them change their
dress; cannot be mistaken, about seeing
them.
Cross Examined Roberts told
me that he had rubber blanket in the
hospital with articles of clothing in it,
but on examination could not find them;
Roberts bears good character.
Charles Wolf testifies:
Know the prisoners; saw them at hos
pital on Saturday last; saw Roberts be-
tween and s o'clock; AN nurse in
hospital; as | came from the kitchen
met Roberts and another man scufling
in the road; Roberts was dressed Just as
he is now; was with both of them every
day; Crow, Roberts and myself were in
Babytown the day before to get peaches,
aud got back about s o clock
Noyes White, recalled, says:
The blanket and overcoat spoken oil
were not diligently searched for, and are
promiscuously placed with other things
on a shelf
John Philips testi6es under oath:
Am nurse in hospital No. l: Grow
is not in his section, but Roberts is; It'll,
his duty to report who in there in the
morning and who in the evening; Rob
erts was in bed Friday evening at nine
o'clock and Saturday morning: the,
were both quiet and well-behaved boys a
the hospital
Christian Kreiger says, under oath
: He knows the prisoners; saw them a
the Hospital on Saturday last; sat besid
Mr.. Roberts at breakfast table; the
were both there Friday night; Robert
went to bed at the usual hour; | was a
braakfasf with them ahont II o. clock