The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-04-15
THE MOORE MURDER CASE.

EXCITEMENT IN BLooNTNGT0S-TEsTIMo
| OF JOHNSON, AN EYB wITNEss-FRY, THE
| PRINCIPAL WITNESS, ARRIvEs-ACCOM-
PLICEs ARREsTED-A VERY CLEAR CASE.
| Occasional Correspondence OF the Sentinell
| BLOOMINGTON, IND, April IL, 1875 Il said
in 10Y last that the attorney for Mershon, IN
the Moore murder case Mr.. II. NJ. Gilmore,
had applied for a writ of habsas corpus, aud
that the day fixed for the hearing of the
same was on Friday, April %. Court was
called at O'Clock on the above day, ard the
court ordered the deputy sheriff. w, NJ.
Alexander, 10 bring the prisoner into court;
whereupon James Il. Rogers, one of the at
torneys Tor Wiliiains-one OF the defend
aDts-applied for writ of habeas corpus
IN his case, and both of the prisoners were
! ordered to be brought into court by Judge
Pearson. Deputy Sheriff Alexander brought
forward the prisoners, AMI made answer to
the writs that he held the said Mer-
shon and Williams by virtue of
bench warrant issued upon an indictment
found by the grand jury ofthe county, by
Judge Pearson, April 2, 1875 Cyres Me
Mutt then stated TO the court that the prose-
cution was not prepared TO say that they
were ready for an investigation, and asked
time To confer. The court granted the
prosecution time to confer. Alter the lapse
of an hour or more the attorneys for the pro-
secution appeared, aud Mr.. McNuts stated
that while they could prove the corpus
delcti by one OF the witnesses p1psent there
WAS witness absent by whom they could
prove the very blow which caused the death
OF the said John Moore. and that while
the evidence OF the said absent witness
would be cumulative, yet they eOnsid
cred the witness rnstesisl, and that
they had exhausted the power of
the state to have him present on
this occasion. notwithstanding it was the
duty OF the defense TO have all OF the wit
nt sses present upon whom the stare de-
pended ,Or conviction. Judge Pearson
decided that, while the position OF Attorney
Gilmore WAS correct in that the investigation
of writ of habess corpus should be with
out delay, yet he considered that tie prose-
cutiOD should not be urged on t. an investi-
CATION in the aosense OF a material witness,
and that the constitution did not require a
court TO decide ss to writ of habess cOrpu-
without full and fsir hearing. Thereupon
the prosecution asked a continuance until
Wednesday, April Z, In order that
the sslte might have time 10
introduce William Fry, the absent
witness, whose presence might be reasonably
the continuance. In the meantime the
community has been IN n teverIsh
STATE OF EXCITEMENT
in regard to the case. Speculation has been
rife as TO whether Sheriff Mckinney would
get back from Arkansas with the prisoners
aud missing witness, Fry, and as to what
he would It fy. Rumors and counter ru-
mors have filled he air as TO what would lie
proved against the parties charged. Every
train has been watched, with anxiety, for
bie missir witness by crowds.
Perhaps it would he well enough
to mention the feet that Wallace
Hight a quiet and unsssumiDg membe of
the Ninth Indiana battery, and detective
of celebrity was employed in The matter and
accom- psnied Sheriff Mckinney on his mis-
zion a. TAR Tuscols, H., where they found
Johnson, one of the eye witnesses Of the
murder, whom he brought back on last
Friday. Mr.. Hight deserves great credit for
he thcreuQhness and dispatch with which be
set 81 In the premises. "Wednesday, the 7th
day of April, 1873, arrived without Sheriff
Mckinney, to tho great disspp intment of
ALL Tne case was called aud "A postponmeut
hsd untIt McNutt arrived hour
aiterwsrd. The court room was crOwed t.
suffocafi0n; not by the usual ritf-rsff ound
amending courts, bug la5ias and geutlemsr
of culture, who are not actuated by spirit
Of vindictIveness or curiosity, but who take
a deep interest in the welfare OF cOmmu
nifty, and who are filed with horror IT the
crime under consideration; men and women