The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-21
TAINTED IN COURT
Annie Wagner Succumbs During
the Progress Of Her Trial.
Evidence in RebUttal Will BE Concluded
IO-Day-Defendant Will Pass
Christmas in Jail.

-
yesterday morning. the first witness called
to the stand was Charles Baden. He testi-
Hed that he had known Charles Koesters
Tor about twelve years. He said that, in a
conversation with Koesters, after the de-
PENDANTS arrest the second time. Koesters
had said to him: Charley. we have been
oid friends and 1 hope you viii not do any
thing against Us in this trial"
Mir. Duncan offered in evidence some writ
ing Of the defendant she was then recalled
ana placed upon the stand and her cross
examination continued. She said she did
not know the name of the book from which
she copied the writing introduced in evil
dence. 1t had been given her by the con-
vent sisters. She said when DR.. Reyer was
at the house during the illness OF Mamie he
did not say anything about rat poison. He
asked her lthe DEFENDANT what the child
had eaten and she told him cheese. The
Doctor said she had poison in her stomach.
She said she thought she told Dr. Reyer
that she did not think there was poison in
the house, but could not remember Just
what she did say TO him.
At this point MIR. Hoffman showed the
witness a German-English text book and
she identified it as the one from which she
from that book. When her sister gave her
the poison, she 0he sister told her to be
careful and put it whore the children
would not spill IL. The sister did not say it
was dangerous. The defendant said she for
got whether she told old Mr.. Koesters about
having the poison or not. She came home
from her sisters house about 10 o'clock
She did not put out the poison that night
Oh
family. The mice were up stairs in the
room next to her room. When she came
home she took the paper from the box and
put the box on the shelf of the cupboard
where the bottles were. She did not testify
before the coroner that she had put the
poison where no children could possibly get
at IL. No such question was asked her She
said she did not know the stuff was poison
for human beings. She thought she testi-
fled before the coroner that Mamie came
home from school complaining of a head
ache. The defendant said that on the night
the old lady died she 0he defendanD got
the cloths for Mrs. Schmidt from the cup
board In the dining room. Mrs. Ohleyer
said they were too small Mrs. Ohleyer
started towards the cupboard and the de-
PENDANT stepped In front Of her and got
she knew where the cloths were. When
she was in the buggy with Captain Splann
ne asked her great many questions about
herself and she answered them in as good
English as she could. She tried to make
him understand the rest by signs Mr.
Hoitzman then went into minute details as
20 the contents or the cupboard In which
the poison was found and asked the de-
PENDANT as to its contents, shelf by shelf.
On redirect examination by Mr.. Span,
and In answer TO the questions Of her coun-
LOT n Hal nod hn~ OF
study IN English under Sister Diogenesia.
She left her books in a sideboard at Koes-
ters's when she was arrested. Afterwards
the books were sent 10 her sister but the
written exercises which were introduced in
evidence were kept out by KOesters or some
body else. When Mamie died Mrs. Maggie
Ohleyer wanted 10 buy the cloak which the
defendant had given the girl. The defendant
said Mamie had not been dead long enough
10 talk OF disposing of her clothing. She also
said that IL she were at the kOeSterS house
the next winter she would make Goa. out
OF the cloak. When they were washing the
body of Mamie Koesters. Mrs. Ohleyer
asked If the ring should be reTroved. rnea 4
ing the ring given the girl by the defendant.
The defendant said that as far as she was
concerned TIE ring might be buried with the
the earth. ! took off Mary's ling and kept
II When he said Mary ne meant his wife.
The defendant said she did not sign the
evidence taken before the coroner.
MRS. wETKOSKE RECALLED.
was cross-examined by Mr.. HoItzman She
said she had separated from her husband in
Germany. and when she came 10 this coun-
try she said she claimed TO he single only
when looking for work She did this be-
cause a woman told her she would find it
much easier to secure work if she sal she
was not married. She said she barely knew
AIRS. Engelke. She said she did not meet
her the morning after the arrest OF the de-
PENDANT a
read from a paper an account of the poison
ING. She did not talk To Mrs. Engelke or
Mrs. Priller or that morning and did not
say that she did not see how any person
could purchase rat poison with a clear con-
science. AS the questions were repeated 10
her the witness became a little indignant
and said: Il did not talk TO these women at
all; that is all made up; there is no truth in
it." She said she did not have converse
ton at the starch works with 4 man named
August Andrick, in which she said she had
bought poison at Borsts. but 1t was the
week before Annie Wagner purchased the
poison. she did not talk 10 him about these
things at all. She said she did not speak K
to Mrs. Schmidt in the Police Court or the
first morning of the preliminary hea ring.
In answer To questions by Mr. SDaan the
witness said she did not know Mrs. Schmidt
and never saw her that she was aware Of
She said she was now living with her hus-
| band, from whom she separated in Ger
many and they had been recOncilcd foI
| about seven years. st this point in the tes-
| tlmOny, Mr.. Span announced taat this was
| the Defendants case and they were through
Sir Bergman was then recalled by tht
State for cross-exsT nnation. IN answer Il
| questions propoundcd by Mr. Duncan, n,
said he remembered coming out OF the de
| PENDANTS cell at the police station the morn
/ ing after her arrest Detective Kaenn wa.
| there. The witness went TO the police sta
! ton TO notify the officers that his wife haC
| given the defendant some poison.
! THE STATES REBUTTAI.
Then began the evidence Of the State il
| rebuttal. Deputy Prosecutor Charles Coz
was the first witness called. He said Mrs
/ Anna Wetkoske had testified before tn,
grand jury. She answered questions in En-
| glish and the answers were responsive. Tn
! defense objected TO the latter part of thi
| statement. and moved to strike il out bu
/ il was held to be admissible by the court
| lie understood Mrs. WCtkOske when sh
| testified before the grand jury. lie did no
| make notes of all that was said there, bu
| did make notes OF part Of the testimony
! AIR. Spaau then asked that the notes takel
/ be produced. and the witness replied tina
! they were in the hands of the prosecutor.
Prosecutor Hoffman refused TO turn tn
( notes over TO the counsel for the defense
| tie said no one but himself or the official
| % the court were entitled 10 the note
/ taken before the grand jury. y spirited dis
| and Mr.. Hoffman rs To the right of tn
| States counsel to introduce the record O
| proceedings before the grand jury for tn
| purpose of SnGirChing witness. Judge Co
was undecided upon the point and took
| under advisenent
| Continuing. the witness said that he pai
| particular attention ID what Mrs. Wetkosk
said before the grand jury. because sh
was there as witness for The defense, an
| IL was all unusual thing Tor witness for IN