The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-19
Testimony of Witnesses Who Were in
the Court Room When the Tragedy
Occurred, or Soon After.
NOT GUILTY OF PERJURY
Sensational Case Ended by the
Elkhart County Grand Jury.
Land That Is Alleged to Cause Death
Row Over a Stock of Goods at Num-
cie-0ther Indiana News.
special to the indianapolis Journal.

Special TO the indianapolis Journal.
LEBANON, Ind, Oct. 1S.-The special
venire of twenty additional jurors in the
Brown-Wesner case were present in the
court room this morning, and after excus-
ing nine Of them the jury was secured. T.
]. Cofer. attorney, of Danville, made the
opening statement for the prosecution, in
which he said that they would prove mur-
der in the first degree. The defendants at
torneys announced that they would defer
making their statement until after the
State has introduced it's evidence
George Charvey. of Danville. was sworn
as the first witness. He said: 'Mr. Yves.
ner had just closed his argument and was
talking to me- when Brown came down
and said to Wesner:
"'My reputation is as good as yours In
Lebanon
Brown was angry. and his voice was
tremulous. Wesner said: That is all
right, Brown. We will go over and try it,
Then Brown called Wesner a coward. and
Wesner said to Brown: "'You know / am
no coward. Pull your gun; L know you
have one, you damned skunk
Brown jerked his pistol out OF his
pocket Wesner started for Brown and
Brown fired. Wesner staggered back. then
They fell, Wesner on top. with knife in his
hands. When Wesner drew the knife he
let the scabbard fall on the floor. The
knife is in the coroner's possession. wes-
ner was on top Of Brown, and had his knife
drawn Attorney Ralston grabbed wes-
ner's arm. Brown arose with the revolver
in his hand. The sheriff was ordered by
Judge HadIey to take the revolver. He did
so and arrested Brown. Wesner was as
sisted to a chair and a doctor sent for.
Then he was laid on the floor Finally a
mattress procured and put upon two
tables, and Wesner placed upon that Wes-
ner said to me: am shot through and
through Wesner called Ralston TO him
and said, goodbye and Ralston asked
him if he had any word to send home, and
he said. Tell little Ruth. God bless her.
ruth is his sons child.) Wesner said TO
me: George, you saw all Of this. He shot
me down like Dog; track him to hell
think he lived forty minutes after he was
shot"
Fred Moore, who lives at Everton. Fay
cite county, was the next witness. He
was at the Normal School at Danvile on
the 10th of May, when the shooting oc-
CURED. He said; Il was in the court
house. Brown approached Wesner and
said something angriy TO him. / could not
hear what ii was. Wesner said twice to
Brown, Draw your gum Mr.. Brown drew
MS revolver ana nreu. L saw a knlle IN
Wesner's hand. but did not see it drawn.
Wesner rushed toward Brown and they
both fell, Wesner on top. l saw the knife
in WesnerS hand then"
John NJ. Towles, who lives at Danville.
heard the shot when on the northeast cor
on DIN uBI :9IBnbS 9snoqlInoo 9ql 10 leu
the court room. He said: "Wesner
asked me to pull his boots of, and
/ and two other men did so.
He said he didn't want to die with his
boots on. Then he said to George Harvey:
You know he murdered me; hound him 10
hell Wesner said he drew the knife after
he was shot
Judge Stephenson, this morning. notified
the jurors that they would be kept in
body and not allowed to separate until the
close of the case. The prosecution Will
probably not take more than another day
In introducing its evidence.