The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-28

the room OF detention The witness (Crlm)
was present at this examination. but could
not say whether any inducement had been
held out or any threat had been made 10
the defendant before he came into the room
OF detention. The defense argued that
Crim's testimony concerning admissions or
statements at this inqulsltion was not COM
petent until it was shown that no threats
or inducements had been emp.oyed before
Jackson was brought into the room. The
Grim then told the story OF the EFFORT TO
overhear Jackson and Wa'ling talking to-
gether In a sensitive ceil-on the day tney
were brought from the Hamilton county jail
20 Newport Ii was the iirst time they had
been together alone since their arrest; they
could talk easily.
when Grim was asked TO toll what the men
said. Describe that cell" he said.
1T is about seven feet long and three feet
wide was not In the cell: ell IN, There ,sb Was ia
struments upstairs, where four people could
listen. l don't know anything about the ar
new
"was Il tried on anybody before Jackson
and Walling?'
II never did"
ITO your knowlcdgeT
"Not 10 my knowledge"
'The men were at the jail. Colonel Deitsch
told me TO bring the men from there to the
took the men 10 the cell. We didn't tell
them anything about the secret apparatus"
'The purpose OF putting them there was
knew about the casey'
THAT was my purpose
NOT IN THE CELL.
After Grim gave the above description Of
the fly cell. attorney Crawford asked him.
You were not in the cell at the time, were
you?"
mo, sir"
'Then Will you describe what sort OF ar
rangement enabled you to hear?"
81 will" answered Grim.
"well, go ahead" said Crawford.
"well." said Grim. 'lt is what they call a
sensitive CELL"
"What is that?"
"1t is n cell that Is so constructed that 1t
Is like a huge telephone transmitter" an
swercd Grim. and he then went on to tell
how their words were listened 10 by himself
sitting at a telephone In the House of Deten-
ton In the City Hall. The sensitive cell Is
in the basement of the Central Station.
81 did not hear all that was said," Grim
went on. II could only catch what was said
in loud tone. When the. conversation was
in a low tone the words could not be
caught" ayJt:,, ,so ,,.n uors mt ,n t,s os,, was
II after the court in Hamilton county turned
the prisoners over to SHERIFF Plummer and
the Kentucky authorities?" attorney Craw-
ford went on.
II submit to the court that this evidence
cannot be admitted There is nothing volun-
tery about it," said the attorney.
He was overruled on the ground that the
mechanism did not compel the witness in
any degree to admit anything. Ii was SIM
ply Tor the purpose pf enalpiing the officers
But the court then drew out the witness
as to whether he had heard all of the con-
versation in the fly cell, He answered that
he had not. The court then began to con-
slider the exclusion of all the testimony from
Grim on this subject. In order to be per-
eet Y fer he an sre wns on
delay until the book was brought by court
messenger.
''In the case of Terrell against the Com
monwealth, witness did not hear all the
conversation discriminating prisoner" the
court read in substance. and whether the
witnesses evidence is admissible depends
upon the purpose for which IL is offered"
Il cannot tell in the present case whether
What what the e witness ,e, VIII say a. is competent.
Crawford said that in the Terrell case
the broken talk was heard before the muir
der, and only showed malice. Confessions,
he thought should be much more carefully
treated.
IF / find the evidence is not competent
/ shall exclude It," Judge Helm said.
Crawford discussed zfs question, go on
ard tell what the men. said ~, -
That has been discussed three times"
Colonel Nelson said.
Yes, and il has been decided against
you," Colonel Crawford said.
THE CONVERSATION
The detective went on: jackson first
talked. He said to Walling, Did you tell
those newspaper reporters in the county
jail that somebody was furnishing me whis-
ky?' Walling said: No. Walling asked
him IL he thought they would take them
over the river. Jackson said: oh, car
riage III do. II they'd turn us loose and
we got to Fifth and Broadway 1 think we
could find our way from there, don't your
Jackson told walling that he was all right.
Stand pat' he said. You have played
sonversation. which we could not hear.
Jackson told Walling to stand pat when
they got across the river. That was ali
II ask to exclude that" said Attorney
Crawford
mo. let it go to the jury said Judge
Then / want all that walling said ex-
cluded,' said Crawford
NO, I'll admit that" said the judge
81 except said Crawford.
Grim said further that Jackson asked
Walling TO stand pat when they got over
the river. That was all ne heard.
tion Detective Grim about Woods arrest
and what he did afterward. Attorney
GrswfoEa objected but was Syerr1ed Then
commemorative inquiry about the letter
that Wood tore up on the train after the
The defense took the witness. Attorney
Crawford began by questions about Crim's
testimony at Coroner Tingley's inquest. In
the coronial testimony Grim said II was
about p. m. when he got to. the Locke
farm, and 1t rained. The defense asked
Grim to identify certain handkerchiefS
found In Jackson's trunk.
John w. Legner, the saloon keeper, who,
up TO a few weeks ago, conducted a saloon
on Ninth street, near Plum, Cincinnati
was then called. He said be knew both
Jackson and Walling. He identified the
prisoners.
when did you see Jackson?''
Saturday. the day after the murder:
jackson brought satchel to my place and
asked to leave Ii there. Sunday night he
came and got II. Monday he brought it in
The witness identified the bloody va1ise az
the one Jackson left at his saloon.
How far is Mrs. McNevin'S boarding.
house from your placer
Just across the street"
ssDid Jackson and Walling ever come to
your house togetncr?
"Yes. about five or six nights before Jack
son left the satchel."
"Was Jackson in your place since the
Monday night he came and got the valise?"
'Yes. the night OF his arrest he came in
and got pitcher of beer.
Witness was then excused and court ad-
journed to p. m.
DETECTIVE MDERMOTT.
What He Saw at the Scene of the
Crime-The Prisoners Searched.