The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-01
THE KENNEDY TRIAL.
The Testimony All In-An Expectation that
the Charge VIII Be Given this Morning.

Special to the indianapolis Journal.
SHELBYvILLE. Ind. Dec. 3L-When court adj
jomned on Saturday, it was agreed that the
State should be allowed to present seven ad-
ditional witnesses this morning. one of the coun-
sci for the State agreeing TO furnish the court
list of the witnesses. This morning the State
presented a number of new witnesses, but as
counsel failed to furnish the promised list the
judge refused 10 allow the witnesses to testify.
The rebuttal evidence was then continued.
DIR. McFadden was recalled to make an eXplana-
ton as follows: Gin my former testimony l
stated that at the time | called to see McCorl<le
| could not say that the wound was necessarily
mortal. now desire to state that this state
ment of the wound not necessarily being fatal
was applied to the first time ! saw him. My OBJ
servations in the army were that lung wounds
are not always necessarily fatal Could not say
the wound was necessarily fatal the first time L
saw MeCorkle.H
Simon B. Wofland was called, and the defense
objected to his testtying, as he had sat in court
after he was sworn, and when he knew that the
court had instructed all the witnesses that they
should not remain in the courtroom during the
examination of the witnesses. The witness
said he heard three Witnesses for the defense tes
tify.
The rule of of the court was that such wit
ness should be excluded. The witness was per
mi led to testify
Hiram Corners, Memory Phillips, John Cham
d
NAL of all the important facts given by witnesses
for defense.
The rebuttal evidence of the defense was con
fined to the testimony of George c. Thatcher,
who testified, on Saturday, that Marshal Barger
passed by his store some ten minutes before the
shooting; also that he stood in his store and saw
the crowd come out of Hardebecks saloon and
cross the street
Oliver Grecn-A moment before the shooting,
jeff Barger was up in the Volunteer Office,
standing, looking out the window; l saw him
there.
George S. Jones-Heard the shots near Hamil-
tons Bank | went at once to the scene and tried
to find out how bad McCorklo was shot the
crowd was so dense | went at once to the Volun-
teer Office and found Marshal Barger there;
Barger said something to me about the shooting
when went in. The witness was asked to state
what was said, but objection was made
and sustained by the court. Counsel
FOR defense stated they expected to prove by Mr..
Jones that Mr.. Barger said to him that he had
been up there all the time and had seen the
whole shooting ARRAY; that this was the first time
he had flinched from his duty as city marshal,
but that he had been informed in the morning by
a friend that conspiracy had been formed to
get up riot that day, and that if he took any
part in suppressing it he would be killed
Walter Scott-Some ten minutes before the
shooting l met Jeff. Barger going north
(Thacher's store is north of the shooting); met
him between the Presbyterian Church and 4. j.
ThurStons
shooting Barger came into the Flaitz saloon on
the corner. Barger said he believed there would
be a racket across at Hardebecks saloon; passed
at once up stairs into the Volunteer Office.
jeff Barger-Some ten minutes before the
shooting did not pass TEACHERS grocery store,
nor go into Nannoys saloon on the square; met
Mr. Scott between the Presbyterian Church and
Thurstons warerooms. | went straight into the
Flaitz saloon, saw Gus. Baker and passed up
into the Volunteer Office. A person standing in
George Thachers door could not see a crowd
three feet east from Hardebecks saloon. [ went
to Thacher's door and tested it, nor could per
son standing in Thacher's door see a crowd in
the street from the saloon. William Teals brick
corner, on the corner, obstructs the view.
At noon the court declared the testimony in
the case ended, and adjourned until 1:3O, when
the argument was to commence.
Mr.. Wray to open the argument for the
State. Thomas 3. Adams arose and objected,
and excepted to the ruling of the court in per-
hitting Messrs. Wilson and Glessner to make
speeches against the defendant. When the de-
PENDANT returned Judge Hord, on his own mo-
ton, appointed Messrs. Wilson and Glessner to
prosecute the defendant, when the prosecuting
attorney and his deputy were ready to prosecute.
Afterwards the defendant was brought into
court. and moved to set aside the appointment of
the court, which motion was oveIruled and ex-
cepted to by the attorneys for the defense.
Counsel for the defense then demanded of the
court that it reduce to writing and deliver to
the counsel for the defense before the
argument before the jury began, the charge
which he expected to give to the jury so that the
attorneys for the defense might use the charges
in their argument before the jury. The attor-
neys for the defense insisted that the law gave
them them this right, but the court took differ
ent view and ordered Mr.. Wray to go on with
his argument
E. h Adams excepted to the ruling of the
court and also to Mr.. Wray proceeding until the
charge was handed over In the midst of the
contention Judge Hord ordered court adjourned.