The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-24
THE TESTIMONY IN DETAIL.
First Chapter Ends with Barber
KIefn's story

KIein's story.
Special to the Indianapolis Journal.
GREENFIELD, Ind Nov. 23.-Prosecutor
Wiltsie began his opening statement to the
jury in the Burton case this morning by
taking up the indictment and making a
complete exposition of the law touching
such a case. The least the jury could do,
he said, if the prisoner was found guilty
as charged in the indictment, was to fix
the punishment at Imprisonment for life.
Under the first count, which charged DELHI
crate and premeditated murder, the penalty
might be either life Imprisonment or the
death penalty. Under the second count, if
the jury believed that Burton shot Red
n1ond either in the act of committing a
felony or while attempting to escape after
the commission of a felony, it would be the
duty of the jury under the law to fix the
punishment at life Imprisonment.
The second part of Mr.. Whistles state
ment told the story of the attempted rob-
berry of Job Eldridge and the killing of
Frank Redmond In a logical and concise
manner the points which the prosecution
expected TO bring out by the evidence were
related. About $3.50 o'clock on the evening
of Jan. % the cries of Job Eldridge startled
the neighborhood of his little store, at 275
Redmond Phillip Kile and James Cassidy
came running out from the engine house.
and pursued one of the men who came out
of Eldridge's store The man fell and got
some dirt on the knee of his trousers. He
had on a muffler. He was the only one of
the two or three robbers who crossed the
street, the others turning into the alley
Immediately south of Eldridge's store.
Redmond and the other fremen pursued the
man who crossed the avenue-the man
with the muf1er about his face. the man
who was hatless. the man who fell and
soiled his trousers knee.
Graphically did Mr.. Wiltsie describe the
shooting: Just the fleeing man was
about to be caught, a flash was seen, the
report of a pistol was heard, and Frank
Redmond, Keeling and falling against the
west side of the fence at the mouth OF the
alley, with the red torrent yelling from
a bullet hole in his forehead, responded to
his last call-died, shot, as the evidence
will show, in the very shadow of the build
ing which had been his official home for
two years. He was taken to the engine
house and passed away in his clothes. His
winding shroud was the uniform in which
he had served the city for two years. But
we will leave him in peace. We are done
with him for the present. Listen to me and
to the evidence and we will weave about
James Burton a chain of evidence which
will say that he it was who fired the shot
which took Frank Redmond from the living
and claimed him for the dead. However
the witnesses may differ in detail, the state
promises to show you that the man who
ran out of Job Eldridge's store and crossed
the street was the man who fired the fatal
shot, and that that man was James Bur-
ton. Follow him and see."
Mr.. Wiltse then followed the man as
nearly as his course is known He showed
how a man had hurried into Buschman's
store, on Fort Wayne avenue, distance of
six or seven blocks from the scene OF the
murder, and asked for a cap; how he ex-
planned that a man had snatched his hat off
his head. and how he was not particular
about the kind of a cap, so that he got IL
in a hurry. He went with the man through
the alley south Of st: Joe street, where
the noIice found a revolver with one empty
chamber-a revolver from when mlgnt
have been fired the shot which killed. hsu-
mond The man reached klein's barDer
shop, on Massachusetts avenue: ABOUT eSn
minutes to O'clock and had MS muslacne
shaved off, Mr. Wiltsie said that the , pal
Der fixed the time on account OF the t S4ts
of the fire bAls for Redmond uealn.
There the spot on the mans knee was no
ticed, and the porter maae an Mr. WiItsie
~ o1ni would show that ne remarked
the fact that the man had propapiy pS zen
shaved once that same day, or the udy DC
fore and also that the man asked, aiter ne
had been shaved clean, IL Klein thousht
any one could recognize MIN. %
Mr. Wiltsie went on with the theory VI
.ba state that Phillips and Harvey met TINS
man some time between and 10 o CLOCK
AT the Park Theater, and arranged 10 urlVe
him to Greenwood, Phillips being merely an
emnlove of the other two, to be PAID % TOT
the trip. The three made the drive lhousI
fhe weather was bitter cold. AT GREENWOOD
the murderer made the pretense that ne
ASuas q Louisville travelling man. ana mao
come from Franklin. He stayed all night
at MIR Hoyts hotel and had his breakfast
there but went across the IaiIroau anu anu for
another breakfast. This last move was Ior
!, purpose Mr.. Wiltsie said the testimony
would show The station was on the same
side of the track with Mr.. Hoyts hotei and ana
the man wanted to board the tram from
the .sof'' side and this he did, and without
purchasing ticket
HIS FLIGHT TO LOUISVILLE.
From Greenwood Mr. Wiitsie followed the
route of the man to Jeffersonville, where
no left the train and crossed the river by
ferry to Louisville, going from there to
Rowling Green and to Nashville, which city
ne did not leave until the State of Indiana
sent for him with requisition papers and
warrant charging him with murder In
Nashville. says Mr.. Wiltsie, Burton adj
mitted to Hoyt that he was at Greenwood,
and on the train coming to indianapolis
went into details of the crime and told how
and why he killed Redmond.
And now, gentlemen OF the jury, con-
cluded Mr. Wiltsie, 'let me say in brief
we will endeavor to show that the man
who did all this is James Burton, and upon
this evidence the state will ask you to
render verdict of guilty of murder IN the
first degree.
The defense depends chiefly upon proving
the prisoners innocence from the evidence
furnished by the states witnesses.
It was 1895 o'clock when Mr.. Wiltsie con-
cluded and at 1912 o'clock. after a short
consultation of the opposing counsel, the
first witness was called. He was Job Ed
ridge, leading witness for the state. His
direct testimony follows:
Il lived in indianapolis Jan. % at 275
Massachusetts avenue. l am sixty-three
years old. Lived i'm Indianapolis about eight
years, having come from the Dayton Sol
diers Home. Jan. % 1 was engaged In sell
ing secondhand furniture and tools. Next
door north of my place Vas Mrs. Ran
rant was a feed store kept by Edward
Phillips. who had Carl Harvey working for
him." Mr.. Eldridge here went into de-
tailed description of the store and surround
ings. and took up the story of the at
tempted robbery. He told il as he has sew
eral times told 1t in the daily papers. lie
told OF the presence of a man by the name
Of Smith in the store Smith, he said, has
since gone to Kansas Jack OFT was also
IN the store at two different times while the
TWO strangers were there looking for
scribed Mr.. Eldridge said he followed the
men out when they ran into the street and