The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-25
OLDANDNEW CASESINCOURT
Trial of John Wagner for Shooting
Frakie Howe Eighteen Months Ago.
The Attorneys of the Defendant Endeavor to
Prove that He Was Insane-Items
Gathered from the Courts,

The trial Of John Wagner. indicted for shoot
ing frankie Howe on Aug. I3 1886 is in progress
in the Criminal Court. and is attracting consid-
cradle attention The accused is defended by
Cropsy & Wright. and both Prosecutor Mitchell
and his deputy. Hoffman, are conducting the
prosecution. The case was called yesterday
morning, but not great deal of evidence was
submitted before noon, as considerable trouble
was experienced in procuring a jury. The
crime created considerable Of q sensation at the
time OF its commission. There was an intimacy
between Wagner and the Howe woman,
who was the proprietress Of an Ill
fame resort on West Mary land street About
the LIST Of August there was trouble between
the two, and on the day the shooting occurred
Wagner ealled at the house for Some personal
property he had left there. Among other
things was q revolver, and "a che Howe woman
handed it to him he turnec on tho WON an and
shot her In the breast After she fell to the
floor he fired three more shots at her one of
The third grazed her abdomen and tho fourth
missed her. Wagner made attempt TO es-
cape, but surrendered himself to the police and
after being indicted was released on = So 900 bond.
de has since remained in the city. The trial was
postponed from time to time because of the in
ability to get her to appear as a witness against
she would testify to after she had been sum-
moned to appear.
She was among the first witnesses put on tho
s.ana Yesterday morning, and. to the surprise Of
many. gave some very damaging testimony. She
stated that her real name is Isabella Newberry.
as she Us the divorced wife of George Newberry
ohe hrst incurred Wagner's wrath, she said
wnsn she entertained other men. On
enc saturday previous to the shooting
Wagner found another man in the house. and
threatened 60 murder her On the day follow
Ing ne proposed to her that if she would marry
MN No would secure divorce from his wife
Sne refused the offer, and he again threatened
ner After he had fired the first shot and she
nad fallen, ho remarked to her: Lay there
and suffer as you have made suffer" and he
also remarked that he would kill himself but for
for the fact that 1t would please her. She test-
ned that abe was still suffering from her wounds,
and frequently had Co have pieces of bone
moved from her wounded leg. The other evil
dence for the State was from the police officers
who made the arrest. and from colored woman
who lived next door to Miss Howe. Nothing Of
Importance was elected from them.
The State rested at o'clock, and the defense,
based upon the ground Of insanity. was begun.
Inc position was taken that man who had
Deem In the habit of drinking constantly for
several years, and who was subject to deirium
tremens and who had at ore time, while in a
state OF frenzy. attempted to drown himself,
could not be of sound mind, and upon a hypotnet-
zeal question embraciug those points and many
additional ones, the views of quite a number of
prominent physicians were obtained. Ali the
physicians testified that, alleging the hypo-
theticai question to embrace the facts, they
would pronounce Wagner insane when he COM
mitted the deed. On cross-examination, how
ever, in answer to a hypothetca question nut by
States Attorney Mitchell alleging that the ac-
cused was able at all times to follow his
vocation us a bartender and had become iea-
Gus OF the woman. and had Threatened 10 kill
her. they vouched the opinion that he
insane. They nearly all agreed that constant
drinking for several years would put mans
mind in an unnatural condition, but maintained
that he would not necessarily be insane and
might be prompted TO commit crime through
iealously alone. Following the expert testi.
mony several witnesses testified that the
cused had always borne a good reputation pre-
vious to the shooting. Among his friends Wag-
ner has been regarded as a peaceable, good
natured fellow, whose troubles were due entirely
to excessive drinking
The evidence for the defense will be concluded
this morning, and will be followed by consider
able reouttal testimony. The case will probably
60 to the jury by noon