The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-05
VIII Also BE Claimed the OHlcer Was
Making an Arrest without
Legal Warrant.
AFFECTING SCENE IN COURT
MRS. WARE OVERCOME DURING
wILTsIE's ADDRESS TO THE JURY.
Four Members of the "BOo'' Gang AR.
rive in MartinsvilIe and Are
sworn as Witnesses.

Special to the Indianapolis Journal.
MARTINSVILLE. Ind, Oct 4--John Fer
ritter. the murderer of Patrolman Charles
Ware, of Indianapolis. came into
the Circuit Court room at Mar
tinsville this morning manacled to
the sheriff. Two dozen people were in
the room but they exhibited little of the
curiosity so often and so acutely manifested
on such occasions as these when a mans
life is at stake. Ferriter was a trifie rer-
vous, and throughout the morning, as he
sat with his attorneys, he shifted about un-
easily in his chair To a casual observer OF
faces supposed to reveal criminal instinct
Ferriter's countenance suggests thorough
bred criminal. His forehead is narrow
and the rear of his head conforms to tho
lines so frequently noted and commented
on by students of criminology, but it is his
hardened face that at once presages dark
deeds and vicious daring. The gray of his
eye, very wide and cruel, almost approaches
the green. His lower lip, thick and brutal,
curves out from his chin and meets an up
per lip equally as heavy, yet more closely
drawn. A fitting complement to this feat
ure of his physiognomy is the stubby nose,
slightly upturned. Frequently a face is
likened to that of a bull dog, and such
comparison is not inapposite in this in
stance, and, withal, the expression on Fer
riter's face combines with this a craftiness.
The man is short, stocky in build
During his confinement in the Martinsvills
jail Ferriter has been allowed many privi-
leges. and has won the friendship of Sheriff
U. M. Hinston by his voluntary services in
various ways. Many people have called at
the Jail to see the man. Ferriter has, to
some extent, the gift of a bright Irish
paiaver. He is exceedingly high-tempered.
easily provoked, as evinced by Gn occur
renee in the Jail a short time ago. when
only the immediate presence of the sheriff
saved an eighteen-year-old boy from a
Draining at the hands of this Indianapolis
tough. Ferriter and a youth named Brown
were playing pedro. with nothing at stake,
but before the card game was ended Fer
ritter, angered at claim for point made
by his opponent, seized a poker and at
tempted to assault the lad. The sheriff i'm
terfered.
IT was 1880 o'clock this morning when
Judge G. w. Grubbs opened proceedings
by announcing, for the information of the
Indianapolis attorneys, that the court would
hold sessions from $3.50 o'clock in the mofII-
ing till o'clock in the evening. With Fer
ritter sat his attorneys. Griffiths G. Potts, OF
indianapolis. and A. M. Bane, of Martins
ville while at the prosecutors table were
Charles S. Wiltsie prosecuting attorney OF
Marion county; Joseph Williams, of Spen-
cer prosecutor for the Martinsville circuit,
and his deputy, John Sedwick. Among the
spectators was the mother of the accused
man, a woman of respectable appearance.
VENIRE FROM THE COUNTY.
A special venire of twenty men from the
western part of the county had been or
dered summoned by Judge Grubbs Satur-
day. The prosecution expressed satisfac-
tion that none of the venire was from
Martinsville. In this place there is some
feeling against the marshal of Martinsville
on account of the readiness with which. il
is claimed, he has used his mace on prison.
ers, and the prosecution was not yearnniw
for any juror even biased to this slight ex-
tent by the conduct of a police officer.
AS the tedious routine of examining the
candidates for jury service proceeded, ths
regular panel being first considered, four
members of the famous boo" gang of In
danapolis craned their necks from back
among the spectators and listened intently
to every word spoken by the attorneys.
These men came down on the morning train
from Indianapolis. though there was littla
probability they would be called as wit
nesses during the day. Mrs. Ware, in her
widows weeds. and accompanied by her
young child, was a passenger on the same
train with the members of this gang whose
leader murdered her husband. PROSECUTORS
Wiltsie saw that she was installed in al
comfortable boarding house. She will tess
tify to a few unimportant facts
Mr.. Griffiths having made a formal notion
to quash the indictment against Ferriter,
and the court overruling it, an exception
being taken, the formal plea of not gull.
ty was again presented by Ferriter's att
torneys. The clerk of the court reported
that a subpoena sent to Evansville for Wft-
ness Callahan had not been served. This
is witness the state wants, but the mans
whereabouts are unknown.
BY noon five prospective 1urymen had
been excused. These were James r. VIII
hite, Willis Barley, James II. Hickman,
John Crank and j. II. Plummer. All these
were on peremptory challenges. three by
the state and two by the defense. The
usual questions were asked-as TO whether
the men had formed opinions, whether they
had read the accounts of the murder in the
indianapolis or the Martinsville papers, and
the like. on the special venire there were
no Quakers no Germans, no Irishmen-alI
native born Mr.. Wiltsie, being a nonresi-
dent of the county, was at some disadvan-
cal prosecutor was but little better situated
in this respect. Indeed, the attorneys on
both sides relied more on their Judgment
of human nature" than on any information
they had as to the habits and opinions OF
the men who were before them.
The afternoon session of court began with
further questioning of the twelve in
the box. the defense and the prosecution
having passed" the jury 10 and fro several
times. The men were asked IL they were
acquainted with any members of the IN
dianapolis police force. Several had known
men on the force. and Robert W. Brown
was venirenan that went down under this
volley.
While this questioning was on little stir
was created by the entrance into the COURT
room Of Mrs Ware, wife of the murdered
patrolman, and her little son. Mrs. Ferri-
ter, who had been sitting back of the rail-
ing. seeing Mrs. Ware go inside. followed
into the inclosure and took seat beside
her son.
One of the jurors who had served in the
Gregory murder case two years ago and ac-
quilted the defendant was challenged by
Mr.. Wiltsie.
THE JURY SELECTED.
IT was past o'clock after a dozen more
men had been examined. that the attorneys
finally contented themselves with these
twelve good men and true:
Amos Stafford. Edward Lankford John
A. Wilson, BENJAMIN Kirk Perry Morgan.