The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-22
ARGUMENT Is BEGUN
Taking of Testimony Completed
in the Wagner Trial.
Witnesses in Rebuttal on the Stand-Mr.
Duncan Begins the Opening Argu-
ment for the Prosecution.

| from the rear of the room and the spec
| tators were compelled to stand. The win
| dows were lowered and the air that was
| breathed had a freshness about 1t that
| has not been noticed before. One row of
chairs had been removed from inside the
| railing. which left the space around the
| defendant not so crowded as it has been
heretofore during the trial.
When the defendant was brought into
| the court room shortly before o'clock she
said she was feeling well and none the
worse for her fainting spell the evening
before. She attributed her fainting TO the
crowded condition of the room and the
| close atmosphere. The defense called for
| Mrs. Schmidt but she was not in the room,
and Mrs. John Ohleyer was called to the
stand by Mr.. Duncan. She said she had
| had a conversation with Mr.. Bergman. in
which the latter had said that Borst told
him (Bergman) Annie had bought poison,
| and he did not think Borst would tell a
| lie. In this conversation he also said the
| box given his sister-in-law was an old box.
Mrs. Roger was then called by the State.
| She asked to be permitted to testify
| through the interpreter, but this was OBJ
| jected TO by counsel for the defense, and
| the witness gave her answers in English.
| She said she did not hear Bergman say
| his wife gave Annie poison; he said he gave
| 1t to her early in the fall. He said 1t
only a little bit. He did not say he gave
| 1t to her in box, nor did he say how much
| the box contained.
Mrs. Deider was then called, and tes-
titled that she had heard MIR. Bergman
| say he had given Annie a little rat poison.
Captain Splann was then recalled by the
State, and testified that he had talked with
-. Ill IL Nx.I1
| the witness he gave the defendant a little
| rat poison, and that 1t was wrapped In
piece of paper. He said it might have been
in box He said the box found by DIR.
| Beck was shown to him and looked like q
new box; there was only a little taken from
it, He was asked if he thought box Of
poison would get dirtier lying upon a shelf
in the closet than ii would lying on the
shelves In the drug store, and answered
that he supposed not. The witness said Mr..
Bergman came TO the police station 10 tell
him that Annie had got rat poison from
his wife.
DR.. Carey was then recalled. and Mr.. Dun
can announced that they would ask the in
diligence Of the court that they be per-
united to ask DR.. Carey the same original
questions they had asked Captain Splann.
This was objected to by Mr.. Spaan. who
said the State had had whole week in
which to introduce their testimony, and
should have done at that time. The
objection was overruled by the court and
the witness permitted to testify. He said
the box Of poison found by Dr. Beck looked
like new box. and it looked if little
of the contents had been taken out with a
knife
In answer to questions by counsel for the
Hafa ha caid ba no
would not easily shake up in the box. He
had tried it in drug store just before
| coming the stand. 1t was clean. and
| the paper in which it was wrapped was
| clean He did not know how clean it would
remain in a closed closet. In answer to
| a question by Mr.. Duncan, the Wi ness said
he did not think box of the poison
wrapped up with dozen others would lose
its freshness.
MR.. NIEHAUS TESTIFIES.
Mr. Niehaus was then called by the State,
and testified that he knew Mrs. Bergman
He said she told him they mad used nearly
all of their poison, and she gave the bal
ance to Annie.
In answer to questions propounded by
counsel for the defense, he said he had
the first conversation with Mrs. Bergman
on Friday, and that his daughterw was pres
ent at the time.
"You knew what questions Mr.. Duncan
was going to ask you, didn't your
YES"
Continuing. the witness said he talk
ing to Mrs. Bergman while she was moving;
he had talked to her before. She told him
she had much trouble now. She said there
was a mistake in the newspapers and that
she had only given Annie about a tea
Il Of Nxsftn he
had another talk with her in her house
He asked her about the size of the box,
because he knew If 1t was but a small box
a teaspoonfuI or little more would nil it,
He said Mrs Bergman had told him she
had only taken a little out. He said it might
have been set up on Annie / told her il
the box was wrapped ii would stay new.
Mrs. Bergman did not show him how she
took the poison out Of the box. The witness
said he had talked with Mr.. Duncan and
that Mr.. KOesters was present at the time
and kept him (witness) from making any
mistakes The witness then excused,
but Immediately recalled by Mr.. Span, and
said he had purchased nothing from Mr.
Koesters since he talked with Mrs. Berg
man. Annie and Rose Niehaus were then
called to the stand, and corroborated the
testimony of their father.
GEORGE BORST RECALLED.
George F. Borst was then recalled and
testified. He said he remembered Mrs.
Wetkoske coming to his store and having
a conversation about the purchase Of rat
poison. She introduced herself by telling
him that she was the woman spoken of in
the newspapers as having purchased rat
poison at his store on the day the defend
ant was said TO have purchased it. She
said she did not know where she bought
ii, or when.
ACKNOWLEDGEMENTS witness said he
did not know Mrs. Wetkoske, and did not
testify that he had sold her rat poison. The
most OF the poison was sold 10 men and in
the summer time. He said Mrs. Wetkosl1e
came 10 his store about the time of the
preliminary hearing in the Police Court
ard introduced herself to him. She did not
buy bOraX at that time. He was sure she
did not say, "Mr. Borst, there has been a
mistake" He did not remember having
sold her rat poison, but would not say that
he had not
Harry Borst was then sent for and tes-
WetkoSke came into the store lie sold
her some borax, ard then called his brother
He did not know what was said between
his brother and Mrs. Wetkoske.
In answer TO questions by Mr.. Span he
said he was behind the desk when Mrs
know where he was an hour before she
came in, and he could not tell the name of
ANYBODY else to whom he had sold bOrax
As the witress left the stand Mr. Duncan
rose from his seat and, addressing the
court said. your Honor. we rest