The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-11-19


acquittal. Subsequent TO the trial, he con-
tinued, they had obtained Information OF
s Nno N6 had n'e. whe1 s
person. Blanche A. Hannigan. had made
affidavit in substance as follows: In Au-
gust, 1884, she kept 2 cigar store at No;
talked with Pftezel, then known as Perry,
On Aug. 70, in her store, she told him she
would have to leave the store and visit q
dying friend, whereupon Pitezel spoke OF
the uncertainties of life, saying he had
more trouble than any one would suppose.
and that he would not care If 1T was ne
He spoke of his many troubles. and added
that 'the end would come, as he
could not stand it much longer" All his
of suicide
In presenting this affidavit Mr.. Shoe
maker said that Mrs. Hannigan would have
come forward with this testimony before.
but she disliked notoriety, and had been
out OF the city for some time. AS soon,
however. as she found that there was
sides this new testimony. Shoemaker went
on TO say that there were many clews to
be run down, some of which had come TO
their knowledge as late as last Saturday.
District Attorney Graham asked that be-
fore this application be passed on Mrs; Han
nigan. be called to the stand. Mr.. Rotan;
who is associated with Shoemaker, replied
that they had been unable to find her; that
the affidavit had been procured by John
Sehwechler, a detective. and that counsel
had an opportunity to examine her private
ly and sift the truth OF her statement In
response to questions from the court Mr.:
Shoemaker then said that the affidavit had
been written by himself at the dictation of
Mrs. Hannigan.
HOW SHOEMAKER WAS TRAPPED.
Mr.. Graham said it became his duty to
make painful declaration. During the
early part of the recent trial he had re-
ceived information that efforts had been
made to procure false testimony by bribery.
Subsequently he learned that these efforts
were being prosecuted to the end. There
upon he sent for the person thus employed
to furnish evidence, and she was in court at
the present time Il will produce her and
show that she was employed by Mr. Shoe
maker" said the district attorney: that
she was taken to his Office and questioned;
that she said she knew nothing about the
case. and the attorney told her that was
all right and that she was INDUCED on the l;e
which had been already preparedv
In support of this statement by Mr.. Gra-
that during the trial he was called upon by
John Schwecher, who said that Mr.. Shoe
maker asked him to procure a woman who
lived around Thirteenth and Callowhill or
Vine streets, who would swear to certain
facts. The next day Schwechler again called
and showed him the typewriter affidavit;
for. Mr.. Geyer submitted the matter to the
district attorney, and on his advice, after
the trial Geyer procured the woman HE he
took her TO Shoemaker. After several inter-
views with him she signed the afndavit and
she had marked with her initials for the
purpose of identincation.
The supposed Mrs. Hannigan. who said
her name was Margaret Reah, then took
the stand and corroborated this story in de-
tail, producing the money. She declared
that Shoemaker had neither read nor told
signed it in absolute ignorance The state
ment made in court by Shoemaker that she
had dictated It to him was false.
Mr.. Shoemaker here arose and excitedly
cried: Il did not say so. 1 explicitly, ="
one after another Of the three judges In
terrupted him with: There is no doubt
The district attorney then said that he had
copy OF the affidavit made and in his
on1ce before the woman had been found.
Mr.. Shoemaker pleaded for time to rebut
these charges against his character and
Judge Thayer significantly retorted: You
are certainly in position requiring
SCHwECHLER'S TESTIMONY.
John Schwechler was next called and he,
too. corroborated the preceding witnesses,
saying that he was first employed by Shoe
maker to get the woman on Nov. 4, the Sec
ond day of the trial. Four or five days after
wards Mr.. Shoemaker dictated the affidavit
to a stenographer. This was before the
woman had been produced. After
Schwechler had been given the affidavit he
turned it over to detective Geyer, who said
he would produce the woman.
Mr.. Graham was pursuing the inquiry
about the making Of the affidavit when
Shoemaker excitedly jumped to his feet and
said: Il will acknowledge that I dictated
the affidavit to the stenographer.'
'Sit down; don't say word" muttered
Rotan to Shoemaker.
all lie unI cat II, no
dock, his cold, blue eyes leveled at Shoe
maker, a .sneer on his lips;
Shoemaker, his face livid with excitement,
finally broke from his colleague and ex-
claimed: II ask If l will have an oppor-
tunity to refute these charges T.
AT the proper time, sir, and In the proper
place." interrupted Judge Thayer, severely.
But the attorney. almost in frenzy, his
voice hoarse and broken. cried: Il am sure
l can show my innocence OF ANYTHING re-
fecting on me as member of this bar This
is a trap-a damnable, trap set by the ois-
trict attorney to destroy the,humblest mem
ber Of this bar. / appeal to the court to
judge Thayer again cautioned the attor-
ney. "Under the present condition CT al
fairs, sir, l think you Will find safety IN
silence" he said. impressively., The young
| lawyer sank exhausted into his chair.
Mr.. Graham and the court united In ac-
quitting Mr.. Rotan of any part in me al
and then the district attorney said that as
| this affidavit, with its so-called new EVIL
,dence had been made the basis or the ap-
/ plication for the continuance, and IL had
| been proved a fabrication, the application
| should fall. The court sustained him and or
| dered the argument for new trial to pro-
| ceed .
district Attorney Graham, in reply to Mr.
| Rotan reviewed the testimony against
| Holmes in detail, and urged that the case
| had been proved beyond the possibility of a
| reasonable doubt. and the granting OF new
| trial would entail great expense and trouble
and possibly result in perversion OF JUS
Mr.. Rotan made the closing address to
the court. but developed nc new contention,
| simply reiterating and emphasizing his Tor.
| mer declarations. and maintaining that
| Pitezel had committed suicide and that the
| Commonwealth had produced no evidence tc
| controvert that assertion. =
At the conclusion of the argument Judge
| Thayer speaking for the court. said they
would give the case their grayest considera-
| tion. Then, turning to Mr.. Shoemaker. the
| Judge said: ''I regret that 1 now have =
| very disagreeable duty to perform towards
| YOU a member of this bar and an attorney
Of this court. In view Of the Developments
of this morning and the testimony of the
the use you attempted to make of the affi-
| davit you procured, the court feels ii TO be
its duty, no other path being left open, Ia
| hold you in 81, 800 hail to answer the charge
| of subornation of perjury. and, In default OF
| bail to stand committed"
1.-The bail is here, your Honor.f said the
Court was then adjourned and bail was
| entered at the side bar, Milton Jackson
| Shoemaker's father-in-law, becoming bonds
man.
Judge Arnold stated privately that the
court was contemplating disbarment pro.
| ceedings, but nothing would be done In tnai
rd until after the dispositiOn OF the