The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-02-13
DY A BIG FOUR FLAGMAN.
Serious Charges Against Superinten-
dent Riley and Coroner Beck.

Special to the indianapolis Journal.
LEBANON, Ind, Feb 12.-The evidence
behalf of the defense in the Oaks mur-
der case was resumed this morning Will
liam j. Drake, one of the witnesses of the
prosecution, has been ill and unable to ap-
pear. By mutual consent he took the stand
first, testifying that he was flagman at the
Big Four crossing near the scene of the
murder at Indanola. He said the car
stopped west of the street-raiway cross
ing, when a man opened the car door and
turned around, almost facing him, and fired
two shots towards the alley where Pitts
was standing. Pitts Immediately threw up
his hands, exclaiming, II am shot" After
the engine had passed the alley some dis
tance there was some shots fired by the
crowd in the alley.
"I was about four feet from the man who
shot," he said. 81 saw the man on the car
as it went west. He was standing on the
rear end OF the carr
The witness here pointed directly to Oaks
saying, There is the man who did the
shooting" He further stated he was ac-
quanted with Superintendent ]. w. Riley,
and that after the shooting Riley called on
him and brought up the shooting in con-
versation. Said he: He asked me if / knew
the shot that killed Pitts came from q man
standing behind the fiagmans shanty To
this / replied that didn't know any such
thing. Riley told me that if L remained in
their employ that / would have to work
to their interest. 1 answered that if 1 was
called as a witness in the case 1 would not
swear to a lie for the sake of any one-dol-
lar-a-day job"
This fagman was dismissed from the serv-
ice of the railway company soon afterwards.
The evidence given by Drake before Cor
given here this morning. He claims to have
signed the blank, and the Coroner had not
yet written the evidence out at the time
and that afterwards 1T appeared over his
signature different from what he gave.
John e. Kerr of Indianapolis, testified
that he owned farm near the Insane Hos
pital; that he had been out to his farm
on the day OF the killing, and was return
ing to Indianapolis when he noticed the en-
several men were standing in a ditch south
of the Big Four tracks, near Washington
street crossing, and that they fired several
shots. He saw the man who was shot throw
his hands to his side, and he thought he
had been hit BY stone. William Howells,
a colored cook the car, said he was
struck by a piece of glass on the arm: thai
Oaks was directly behind him in the kitch-
en-, and was the first person TO spaek to
him after he had been hit. He thought ali
who were in the kitchen were standing and
he kept his eye on the door with a view of
escaping from the car, as Ii began 10 look
dangerous. John Kelly assistant cook. tes
titled that he was aboard the car at the
time of the trouble. He was In the kitchen
and saw Oaks there He could not be mis-,
taken. j. Z. Harrod, photographer VINO
made the photographs used in the trial by
the defense. was called and identified them.
called He said from where the shot is said
TO have been fired 10 where Pitts was shot
was seventy-two feet; that the car plat
form which Oaks is alleged to have been
standing was five and one-half feet higher
than the ground where Pitts was.
John w. Riley, superintendent of the Pc
oria * Eastern division OF the Big Four
railway. was on the car at the time He
Continued ON Second Pagel