The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-23
CAUSE oELEHRE AT LAFAYETTE.

After Three Days Jury Is Finally Selected
to Try bartholomew Murphy.
epecis TO the indianapolis Journal
LAI AYETTE. Ind. March %. Another day
and the Circuit Court room was crowded TO
heas the riot case. wherein bartholomew
Murphy is indicted for assault with intent
The point of interest this morning was the
ruling the judge would make in regard to
the witness Retterath, who said he was
member of the A. p. A.. and who had re-
fused to divulge or repeat the oath he bad
taken on becoming q member of that or
ganizatIon. The court held he could not
be forced TO divulge the oath. The witness
finally stated that he had not taken any
such oath rs the one read TO him, and that
such oath was false one. The
defendants attorneys then inquired
AZ In the oath he did take.
.. member of the A. p. A., he was in any
manner called upon to discriminate against
Roman Catholics. either politically or In
business way. The witness replied: "Yes.
sir; partly in political matters but not in
business He was asked if. in taking the
oath, mem bers were sworn to distinguish
in business transactions or otherwise,
against members of the Catholic Church.
He replied Not against members" The
witness further stated. IN response to ques-
tions from the court that the order to
which he belonged did not discriminate
against Catholics IN q business, social or
legal sense. but referred entirely TO politi-
Cal reasons. They were required. by oath.
to oppose Catholics only In matters relat-
ing TO politics.
h. 1afA Mt nhnll ed
Retterath for cause and called for Frank
5. Crapp. of this city. president OF one OF
the local A. L. a. organizations intending
To show by him that the real animus of the
order was directed against the Catholics IN
other ways than politics. After stating
that he was member OF the order and
held an Office therein. Mr.. Crapp was asked
20 repeat the oath of the members on JOIN
ing. he refused TO do so. An appeal was
made TO Judge Langdon to require the
witness TO answer this question. that ls. re-
peat the oath. The Judge responded that
the witness was st liberty to repeat the oath
II he desired TO do so. Crapp said he had
no wish TO repeat the obligation or oath.
lie stated that members were not required
TO take an oath on becoming members. lie
was asked If persons joining were not re-
CURED TO make u promise or declaration
when they became members, ana replied
that they did. Asked if this was not IN
der oath. he said part of it was. He was
again requested TO repeat the oath. and
again refused. Again the Judge was ap-
peaIed to TO compel CrapD to dIvuige the
oath, but further than 10 repeat that the
witness was az liberty to do so if be was so
inclined. the court took no steps.
At the same time the jud &c remarked that
he would allow to counsel the utmost free
dom In asking the witness questions as TO
the nature of the oath taken-tbat Is,
whether It did or did not discriminate
against any class or particular sect, or any
individual, but he would not now require
h. A.. h.. Ia hnr
nothing to show that the oath was at all
material to this case. Crapp was asked IL
the declaration, promise or oath con-
tanned nytbing antagonIstic to the Roman
Catholic Church OF the members OF that
church. He said it did. He declined TO
state wherein this was. He was asked if
the promise or oath affected members OF
the Catholic Church, and he said 1t did. DO
hticslly.
He refused to tell in what particular the
oath or obligation did this. He was then
asked If there in the Organi-
cation. oath or declaration taken by
each member of the American Protective
Association anything requiring or oblignt-
Ing them to deal with A. +. A. Nom bers in
preference to Roman Catholics. He SAID
there was. The defense then renewed its
challenge of Retterath for cause, and the
State making no further objection. the
Judge excused him. The alleged oath about
which so much discussion and wrsngle Oc-
CURED was recently printed IN one OF the
papers Retterath declared in his testi-
mony that it was not the oath taken by
members of the A. z. A.-that it was
bogus oath. There are over one thousand
members of this society In this vicinity.
Up TO noon to-day. of all the men called
to sit In the jury box but two
had been found who admitted TO
holding membership in the order.
At $50 o'clock this afternoon jury was
accepted. Three days were consumed IN
getIing the needed twelve men. Three
only passed through the cross-questioning
of the special venire of one hundred.
Eishty eight were called before the jury
was accepted. Seven OF the jurors do not
belong TO any church. three are MethOdists.
one Lutheran and one Presby terian. There
is not on the jury member of the American
Protective Association nor a member of the
Catholic Church. Evidence taking begins
Thursday morning.