The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-30

Alleged Promise Made TO Him for Tes-
timony in the Eyster Murder Trial.
Notion for New Trial for Parker and Nc.
Afee-Mark G. Daviss Bond Reduced
His Associates at Large.

Healing & hueg yesterday afternoon
fled In the Criminal Court the motion for
q new trial in the case Of Parker and Mo-
Afee convicted of the murder of Charles
Eyster. The written motion is q volumIn-
Gus one. and assigns sixty-three alleged er-
rors Of she trial court upon which the new
trial is sskedfor. All the errors assigned
VIII not ts insisted upon by counsel for the
defenat. out they will urge upon the court
their assignment of error in admitting the
evidence es to what took place at oysters
drug store apon the Wednesday night
when Parker was arrested by patrolman
Ward. and when it 10 alleged that he made
the threats. The objection raised to
the admission of this testimony 10
that the threats were not made
in the presence of Eyster and that there is
no evidence showing that they applied to
him. They also assign error in the over
ruling of the objections to the admission
OF the evidence of Carrie Spaulding and
other witnesses as to the numDe of times
they had been arrested. The defense main
tain that the fact of arrest In itself does
not affect the crediDility of the witness;
and as TO the conviction, the record Is the
erred in It's instruction to the jury and In
refusing TO give the instructions asked by
the defense. They also assign error of the
court IN admitting the testimony OF Mrs.
Ky ster to what her husband said to her
alter be was sh OF. This was admitted as a
part of the res gesta, but counsel for de-
Tense argue that It was not, as the act was
complete and the assailanrs had He'd.
The sixty first reason assigned why
new trial should be. granted Is
upon the ground of newly discovered evil
dence and Is supported by the at1idavits OF
Stanley ami kedenour. the substance of
which was given In yesterdays Journal
Attorney Healing said that he learned that
Prosecutor Hoffman had been to the jail
and talked with Stanley after he (kealingl
had talked with him after being sent for.
Healing learned that the prosecutor had
told stanley that II he made the affidavit
be wonld lay himself liable to indictments
for perjury and could DO sent to the peDi-
tentiary fora term of fourteen years. and
be tkealingl says he told Stanley that this
was @ fact. and Stanley, In the presence or
witness, thereupon declared that the atf-
davit contained the truth. and that ne had
been unable To rest since testlfying In the
case because he thought his testimony had
been Instrumental In securing the cnnvic-
lion.
Ine sixty-third reason for the application
for q new trial is also based upon newly
discovered evidence. and alleges that two
cOlored girls WI no know Parker and McAfee,
Isl BROKERS alley. and Dora Simpson, will
testify that they saw McAfee noon a Mis-
sissippi-street car going south at $40
O'Clock on the night of the shooting of
Eyster. The girls were upon the street at
the corner of Illinois and Market streets,
and say that they saw McAfee in the car,
and one of them said to the other. There
- Ed now" and the other replied. Yes, IL
Is Ed"
The motive of Munden in inducing
Stanley and trying TO induce Redenour to
swear falsely Is said to be a promise of
freedom. Munden had at this time been
tried and convicted. but II Is said that he
had been told thatne would be given new
trial aud released. There was at the time
q motion for q new trial pending in
the court. and it is reported that he had
been told to be patient, and after the other
trial was over he would be rewarded for
securing this evidence against the two
mon.
Yesterday morning Munden's sister-in-
law. Mrs Ben Mundeu, residing at No. 20
Eddy street, cent for Attorney KeaIing
and when he went To her house she told him
that Munden had told her before went on
the witness stand shat be had been prom
ised freedom if he would secure this
S1 un ssan's said ha ap before sc
trial she had been permitted TO
zee her brother-in-law when she called at
the jail. but that after the trial. when she
asked TO see him. she was refused. One
talk with him through the bars and she
then asked him Thy it was that he was not
released, now that the men had been con-
victed, and ne told her that he would be in
time Mrs. Munden said that an official at
the jail spoke up and said: That's all
right, Munden; don't you say anything
ebout that and you will be oil right"
Yesterday morning a prominent attor-
ney called at the Jail with Munden's sister
10 see him, and he was called into the jsll
office. The attorney asked Munden IL be
had been promised freedom If he would
testify az be had upon the trial. and he said
he had. Then why are you not released,
according to the promise" the attorney
asked.
Munden replied in o low voice. as If
afraid OF being overheard. Il will be yet.
1t Is all right" Munden said that they"
not naming any persons, had told him that
there was motion pending for q new trial
for him. He admitted. In his talk TO the
attorney, substantially the facts alleged in
the atfidavits made by Stanley and Red
enour. Munden's niece called at the jail.
yesterday morning. and told him that his
sister,in-law had sent for Mr.. Healing. and
he said ''She ought not to have done that"