The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-06
STATE'S EVIDENCE ALL In
ATTEMPT TO IMPEACH THE TEsTI-
MONY OF WITNESS sULLgVAz.
Ferriter's Father, an Old Soldier. Ar
rives ut MartinsviIle ANA
Soon Lands i'm Jail.



for the murder of Patrolman Ware of IN
dianapolis, was John NJ. Hensley who
stood few feet from the patrolman when
the boo gang tough fired the fatal shot,
and Hensley was the first man 70 take the
stand this morning. Prosecutor Wiltsie
drew from him a straight, Weil-connected
story of the tragedy, one from which
conclusion of murder in the first degree
might be readily drawn by the jury, had
it not been for certain admissions adroitly
wormed out of the witness ON cross-exam-
ination by Mr.. Potts. one of Ferriter's at
torneys. The impression LETT on the people
in the courtroom, after Hensley retired.
was that Patrolman Ware used uncaled-
for severity in his treatment of his prison
er, that he knocked him down with several
powerful blows, and furthermore. that Fer
ritter. when he shot, was dazed and bewil-
dered, and to use the witnesses language,
looked desperate as though he didn't know
what he had done. He looked excited 1t
was shown that Ware weighed about 1S5
pounds. Ferriter weighs, apparently, about
40 pounds. p. NJ. Sullivan, another witness
to the shooting, declared that he saw the
tragedy through an open window, and spe-
officially testified as to seeing the shot
fired In contradiction to this, the defense
exhibited MIR. Sullivan's testimony at the
coronial inquiry, where he stated he turned
to the window on hearing a shot, and saw
Ferriter returning his pistol to his pocket.
Mr.. Wiltsie showed that the examination
of this witness before the coroner was not
thorough.
Ferriter will go on the stand in his own
behalf His attorneys expressed satisfaction
with the facts developed on cross-examina-
a..
in the morning with his mother, who oc-
casionally trembled throughout the proceed
ings, as she sought to restrain her feel
ings. Ferriters father an inmate of the
soldiers home at Marion, arrived on the
morning train and, entering the courtroom.
in uniform, strobe over to where
his son was seated, and throw
ing his arms about the young man,
saluted him with a hearty smack. which
the son made feint to avoid. The prisoner
seems to find the most consolation in
quid of tobacco which bulges out one of his
cheeks.
FERRITER'S FATHER GETS DRUNK.
1t is the impression here that Ferriter will
not be condemned to death, but that his
sentence will be from two to fourteen
years. The prisoners father, who came
here to attend the trial, was arrested on
the street to-day for being drunk. He was
found guilty and sentenced to serve a SEN
tence of eleven days in jail There is much
comment on the fair way in which the trial
is being conducted, and Judge Grubbs is
complimented for his fairness and his at
tempts to expedite matters as much as pos
sible.
John M. Hensley. OF 11S Prospect street.
Indianapolis, an employe of the Cincinnati
Brewing Company, of Hamilton, o., and
the man who saw John Ferriter shoot and
kill Patrolman Ware, as stated, was the
first witness in the case. Mr.. Hensley is a
middle-aged man. Prosecutor Wiltsie
brought at once to the jury's attention the
fact that this first witness was on the inn
mediate scene at the time of the tragedy of
April o. Mr.. Hensley then proceeded to de-
scribe In detail the surroundings in the
OF the crime. The brewing
company's office, frame building sheeted
with iron, at New Jersey and Georgia
streets, was pictured, the number of win
dows and doors in it specifically set out,
and the details of description extended even
to the hitching post that was in front Of
the Office. Back of the Office building is
what is known as the COOLER" a place
for the storage of beer. Across an alley
from the cooler is an old cooper shop and
north of it is a stable, which is on the cor
ner of Georgia street. Close by is a lumber
yard. AT the corner of East and Georgia
streets, half block away is Oakey's sa-
loon. Having furnished these descriptions
Mr.. Hens!ey was shown a diagram of the
scene of the murder. This diagram was
spread out on the floor in front Of the
Jury and the witness pointed out the DIFF
ure in the case. Since the murder the brew
ing company has built fence in the rear
OF it's place and it was necessary to clearly
explain this to the jury to avoid any con-
fusion that might arise during the trial.
The killing, said Mr. Hensley, occurred in
front of the office, near the south steps
leading up from the ground hitching
post in front Of the office furnished a basis
fof. several aSurennenfs. such as distances
to neighborng alleys and streets.
Mr.. Bensley had never seen Patroman
Ware before the night of the murder. He
O'Clock the same evening The witness pro-
ceeded to relate the Incidents leading UP to
the appearance. on the scene and
told of Niand's fight from the
alley, sixty feet ahead of Ferriter, who
was pursuing him, the prisoner having first
hurled a brick. Mr.. Hensley said he noted
at that time there was blood on Ferriter'S
face. The defense viii contend that Patrol-
point brought out by Mr.. Hensley, that
blood was on the young tou3h's face before
the OlilCcT even 0bptditug WAS regarded
as a strong point for the State. inland,
armed with a coupling pin and brick bat
screwed up sufficient courage to return to
the scene Of the boo gang orgy in the
rear of the brewery office and demand his
hat which he had lost In his flight from
Ferriter The witness heard MIN demand his
hat saw Ferriter attempt 10 get at him
again and saw the four men seize Ferrter
to prevent him from assaulting inland
Mr.. Hensiey, a few minutes afterwards
heard Mr.. Sullivan, OF the brewery office,
to the police station, and few
minutes later Patrolman Ware rode up on
his bicycle.
STORY OF THE KILLING
Before the patrolman reached the scene.
Ferrter had gone east on Georgia street
with a tin bucket The rest Of the gang
needed the patrolmans order to move on
go on. now. l don't went to get orders
to come back here again" We're the patrol-
mans words. The gang dispersed without
further ado. Ferrlter returned with can
Of beer just as the officer was about 70
leave. Strange you fellows can't drink youg
beer without raising so much trouble" ro-
the policeman to Ferriter Il don't
know that there has been any trouble" re-
Piled Ferrter Ware ordered the tough TO
come 10 him and the policeman reached