The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-12-13

CRoss-Ex ANIMATION.
The cross-examination was but repeti-
ton; that the doctor had the case;
that the girl died; that the persons
buried her as explained, and ne had
nothing to do with it, Then the question
! came up as to.what he had told Mr.. W. T.
Wagner, that his sister was at Dunkirk, Jay
county The witness replied that he might
have said that 10 Wagners father; he could
not recollect that he told the grand jury
he did not know that his sister VAS dead or
was pregnant: but did know that she was.
Did not the jury ask about the inter
view with his brothers and Drs. McIlwain
and Brandt. and did he not tell the grand
Jury that DR.. McIWain and Name were sus-
pected on account OF being met with an OBJ
Jet between them at night but the detec-
tive had satisfied himself that il vas pat
ent fight. Said he was before the jury at the
February term of court 10Th Of January,
and said to the boys that they knew as much
Of the true statement as he did. That DR..
Mcllwain had said 70 the boys that they
could prosecute them, but that il would be
hard on his mother and himself, a.
they were as deeply interested as
himself (the DOCTOR Witness said the
doctor told him he had not Given his sister
any medicine. Did not think ne had sug
gested 10 the doctor TO take the body up TO
the mill pond, but was not positive; might
have said so. Did not not help search for
his sisters body, because he could not leave
the post office Was out in the woods the
day she was found, which was some time in
Nav. Had a conversation with Or. Manner
after the indictment, but not with Brandt.
Never had asked anyone 10 join with him
against DR.. MCllwain. Had testified before
the coroner's jury at Hartford City. Might
have said that DIR. Manner tasted some OF
tie contents of the goblet and it was bitter;
that was all he knew about the medicine;
thought it likely that he had.
He had said before the coroner's jury some
thing about who or what was the cause OF
his sisters death. but had said nothing about
Il post morton examination or coroner's in
quest. and the Others in the room had said
nothing 10 his knowledge.
EE-DIREcT BY JUDGE BUCKLES
Did not know positively who caused her
death. Had not consulted with any atior-
ncys before he was before the grand jury.
Was afraid that DIR. McIlwain would kill
him was the reason that he did not tell the
sane story the first time he was before the
grand Jury as at the second. Persons who
had conveyed such information had not re-
ceived il from the doctor. Another reason
was that the doctor had said that his mother
was Is deeply implicated as himself. Didn't
know Of any arrangement for his sister to 90
to Dunkirk Never had any conversation
with his mother in the presence of DIR. Nell
vain. The body was covered, and II was
was bruised and sweued. the nose
mashed to one side. do not know which.
Did not search for his sister except the
day she was found Detective put in an
appearance the last of November or De
cember ].
THE MOTHERS TESTIMONY.
Examination OF Mrs Sarah FOornau
mother of the girl. by the prosecution: knew
her daughter was in a family way six weeks
before she went away Dr. McIlwain and
his wife were al her house for
onions His wife was with Mary
upstairs The doctor asked il she was viii
ing for Mary to 60 away from home, to
which she said no. The doctor said she
had any money No. lie asked if Nathan
Smith had any property. She did not know
Dr. McIlwain told Mary 70 get money from
smith, which she did. She got 500. He
saw the money the evening before she went
away, November g, 1875; did not
know what became OF that money; did
not know that her daughter was
saw her daughters body at j. A. Yount's
Office. After she was gone two weeks went
to Mcllwain and asked him about the girl
but he would not tell her where she was
gone. Did not give her consent to the abor-
tiOn did not think it right. and that it was
dangerous ina not consent lOT utF 10 20
away; knew the dead body vas her girl by
scar on her foot
CROSS ENANINATIOS
Knew she was pregnant her daughter
told her that DIR. McIlwain had said she
was that way; knew also by appearance.
Did not know anything about the money
from Smith. Prosecution moved to have
direct testimony on same question: Did
not know whether the girl took the money
away, only ii was gone from where
ii was put when the girl Left supposed the
money was for DR.. McIlwain 70 help her
daughter out of her troubles; did not see
her take il, but knew she took it, for her
pocket book was gone; knew her daughter
was going away, and supposed she went TO
get rid of her troubles; she had told her
that she went to DuDkirk because McIlwain
had told her daughter TO go; was very sick
two weeks after the girl LETT; then il leaked
out by finding her clothing up in her room;
then her brothers knew she was not at Dun
kirk; did not tell because DR.. McIlwain told
her not TO; John had never told her any
thing before the girl left; did not tell the
grand jury the same as TO this jury;
Told the grand jury at the February term
she did not know where the girl was gone or
what for, because Adam (her som told her
not to- for she was in danger. Did not know
the girl was dead when before the jury at
that time. Did not doctor her daughter be-
fore she went away, but had given her teas,
such as penn yroyal, some six weeks before
she went away, because she was sick;
thought she was in a family way, and wanted
her not to go away; but McIlwain had told
her different, and she couldn't do anything
with her DAUGHTER after that. The reason she
did not tell the grand jury was the doctor
told her not TO, but did the second time she
was before the grand jury, because Brother
Nellett came to her and talked about it.
THE sEDUcER's EVIDENCE.
Nathan Smiths examination by the pros
ecutiOn: Was acquainted with Mary a.
Foorman before her death about three years.