The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-07

such action. The officer knocked the man
down, hitting him IN the face. Then no
helped the boy up. As he moved off the
pull him. / was standing at my back gate.
/ heard a voice say, Ny God. don't kill
that man. | saw no ticks struck by Fer
ritter When the two reached the brewery
steps the officer ordered him 10 sit down.
The young man was backwards in doing
this and the policeman hit him across the
nose with his mace. Blood spurted out all
over the boys face. The blow Knocked him
down. Then the policeman helped him up,
and, holding MN by the coat lapels. sat
him down very hard on the steps. Now,
you keep quiet or l j give YOU another one,'
or something like that was what the po-
nceman said AS the policeman turned
around to get his wheel the other man
reached around, got his revolver and fired
at the policeman. The prisoners face was
scary-like. Then the young man turned
and ran. holding his pistol pointing to-
few feet away. Hensley, who was stand
ing near the officers wheel. stepped inside
the brewery office before the shot was
fired"
The witness afforded some amusement on
croSs-examination when he stated that he
was appointed postmaster by the Gov
the name of this official but thought he
might remember it if 1t were mentioned to
him. He held the office about eighteen
years ago; he didn't remember the dates.
nor whether his appointment was made
verbally or in writing. The Governor in
Washington" paid him 2 cents for every
stamp he Cancelled, and settled every quar-
ter. His first quarters salary ne recalled,
was SIT. He didn't remember the date he
was married, but recalled readily that his
wifes name was MARY Ann" The prose-
cutor dragged him through great deal Of
family history.
UPTON WAS CONFUSED.
Over and over again Mr. Upton described
in minute details the actual occurrences
leading up to the tragedy. all for the bene-
fit of the states attorney, who sought
every opportunity for an opening wedge to
shatter this important witnesses testimony.
Upton reversed his former statement now
saying the officer did not force his prisoner
down to the brewery office steps. He was
quite positive the officer brought his mace
down on Ferriter's nose. He didn't raise
the mace very high; the blow fell flat
across the bridge of the prisoners nose.
The man crumpled back 20 the ground"
as the witness put 1t up his unique vernacu-
lar Contradicting his former statement,
he said the officer did not help up Ferriter
from the ground; Ferriter rose without as
you saw Ferrlter's eyes. didn't you?"
"Oh, couldn't ketch EN-" came the re-
Upton had not seen Habeny or wilkins
near the place.
But you saw the color of Ferriter's eyes
after he arose from the ground. didn't
Wiltsie.
Mostly white" innocently enough re-
Mr.. Wiltsie took tack calculated to
break down that portion of the testimony
relating to HenSley's disappearance just
before the shooting, but it was without
avail. In fact, Upton saw no one near the
two principals in the tragedy;
Upton had not been before the coroner or
grand jury. He claimed he knew nothing
of the investigation, the indianapolis News
being the only paper ne takes;
I've never told a soul about this till
now, the witness. SAID.
Who is paying your bills at the High
land?" demanded Mr.. Wiltsie.
Il don't know. l guess my attorney will
look after that?
''Who are your attorneys?"
There" pointing over to Messrs. Crit
Mr.. Wltsie questioned the witness sharp
ly about his conduct since his arrival in
of beer.
here? Were you not drunk
your Honor" said Mr.. Potts Springing
up, II object to this improper conduct on
the part of the states attorney. Heshas no
reason whatever to believe this man was
ordered off any premises.
Mr.. Wiltsie challenged the defense to
withdraw it's objection to the last question
he asked. if it didn't think he was basing
his line of questioning on actual belief The
court smoothed over the troubled waters.
ITO whom did yoyu, first tell anything
about what you saW?" asked Mr.. Potts, on
redirect examination.
'To you gentlemen last Friday evening.
You called on me that night when was in
Messrs. Griffiths and Potts say they dis
covered Upton by chance, while making in
quiries from house TO house in the neigh
borhood of the tragedy last Friday.
After Upton was excused an agreed state
ment of facts as to Police Surgeon Court
ney's testimony was introduced. He swore
that Ferriter's right nasal bone was broken
when the young man was brought into the
station This paved the way for the intro
duction of DIR. A. S. Tilford, of Martins
vile, as an expert witness The defense
expected to prove by him the probable con-
dition mentally of q man injured on the
nose, as described in Ferriter's case. There
was an argument over the admissibility
of expert testimony on such a hypothetical
question as Mr.. Potts put to the witness.
The court saw no reason why the question
should not be put.
DR.. Tilford thought such an injury as de-
scribed might produce a conclusion of the
brain, might temporarily bring about un-
consciousness or might cause bewtldered
state Of mind. A man wouldn't have
much ability to act' under such circum-
stances was the opinion of the doctor He
might arise, in q daZe, and yet be able TO
walk off, still in a somewhat added condi-
ton. DR.. Keegan, another local physician,
testified on the same line. On cross-exam-
ination DR.. Keegan made a better witness
for the state. Mr.. Whistles hypothetical
question covering Ferriter's actions led the
doctor to believe the man was conscious
and knew what he was doing.