The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-05

steimalt. George T. Gilmore and Jacob Ell
liott. Seven challenges had been made on
each side.
After the Jury was impaneled the Judge
appointed r. c. Elsmore bailiff of the jury,
and gave the usual Instructions caution
ing the jury not 10 read papers nor discuss
the during the trial.
Prosecutor Wiltsie stated in reply to a
question from Mr.. Grifltks that several or
the witnesses would be put on the stand Dy
the state tomorrow. At 4:3G O'Clock Mr..
Wiltsie began his opening sta tenent. rms
was a very impressive rehearsal of the kill
ing OF Patrolman Ware. While Mr.. Wiltsie
was speaking Mrs. Ware and her little boy
came into the courtroom. They We're at
once the center OF interest. The little boy
is an interesting child, with large, thought
ful blue eyes. In one hand he carried ms
doh. He pressed close to his mothers side
and looked up at Mr.. Wlitsie with solemn,
thoughtful face While the story of his faith
err s murder vas beng recoUnted. MIS- Nace
was moved to tears, and after time could
not restrain her emotions and sobbed SOFTLY
After telling the story OF the Killing MI
Wiltsie read the indictment. Their he took
up the law. defining the different degrees or
murder and fixing the punishment Tor muir
Ter in the first and second degrees and for
nanslaughteF. Mr.. Wiitsie touched on the
nanslaughter clause but hghtly MT. FotIs,
Tor the defense, entered an objection TO Mr..
Whistles manner of cxpOundlng the law as
being argumentative instead of a statement
Of facts The court overruled the objection,
and an exception was taken by the defense.
Then Mr.. Wiltsie recounted the events
iGdulQk Up 10 Tie tldScuyt ICillA6 bhS JOA
that Policeman Ware had been married
seven years. Oct. 81, 1885, he entered the
police force and up to the time OF his death
was regarded as a brave and efficlent OH
Ger. He was only thirty-four years or age
when he was shot down. The prosecutor
described the scene of the crime in the vi
cinity of the Cincinnati Brewing Company
plant, in the southeast part or town.
Mr.. Sullivan, employed at the office OF the
brewing company, went to the office at about
s;l5 o'clock in the evening. When ne
passed the alley he saw Neland run out
of it and a brickbat hurled at him a
moment after Ferriter appeared with blood
running from his face. This was the first
seen of Ferriter. The fact that ne had
blood running from wounds at that time Is
regarded as strong point, as
it is understood that the de-
Tense will undertake to show that
Ferriter was beaten by the policeman until
he was half dazed and that the blood
streaming from his wounds when he was
arrested was the result of the patrolman
clubbing. Mr.. Sullivan telephoned Tor the
police. Within five minutes Patrolman
Ware arrived on his bicycle. AS he APP
peared Neiland. Callahan and others OF the
Ware alighted from his bicycle and little
after Ferriter who had gone for beer ap-
peared in the alley. Ware called 10 feTrlter'
telling him that he wanted to talk TO him.
THE MURDER OF WARE.
Cant you fellows drink beer without
fghting?" he asked Ferriter declared that
there had been no trouble and as Ware
advanced toward him he dumped the can
of beer to the ground and seemed about
to draw a revolver. Ware was compelled
to strike him as he offered resistance when
the officer placed his hands on his arm.
What have you got there?" asked Ware,
dragging him to his feet.
You can't arrest me nor search me"
said Ferrter with an oath.
After time, finding that resistance was
useless, Ferriter said that he would accom-
no
that's all l want of you" The officer then
walked with the prisoner towards the brew
cry. Again the lighting began. witness
came up and asked the officer if he needed
assistance. That was about seventy feet
away from where the shooting occurred
a moment or two after. Ware was COM
PEELED to strike Ferriter again, and knocked
him to the ground. By this time Fer
ritter was cowed into submission. Wiltsie
said that it might be true that the blows
struck by the officer were followed by bleed
Ing;
by further objections by the other side. Aft
er considerable argument the statement of
the case to the jury was resumed. Mr..
Wiltsie described the scene Immediately
preceding the shooting A witness who will
testify was leading the officers bicycle.
Ware. left Ferriter sitting on doorstep.
intending to telephone for the patrol wagon.
He had walked a step or two when John
Hensley saw Ferriter stand up. draw
VolVer from his pocket and shoot.
At this point in the story Mrs. Ware was
unable to control herself, and wept. Mr..
Wiltsie told how the murderer fled, and
described the thoughts that were in his
mind as he ran in wild fear. Mr.. Potts OBJ
jected to Mr.. Wiltsie trying to state what
was III Ferriters thoughts, and Mr.. Wilt
sic withdrew part of his statement bear
ing on this subject He went to say that
the state would be able to show that Fer
ritter fired several shots as he ran Then
he told how Patrolman Rockford and 9TH
ers gave chase. AS Rockford overlook him
Ferriter reached for his revolver.
Try that again" cried Rockford. land
/ will kill YOU"
After arresting the man Rockford asked
him why he had killed Ware.
L did not know that had killed him.
answered Ferriter. II shot him, but did
not know that 1 had killed him."
When Ware was tenderly picked up by
other patrolmen his revolver was found In
his left hip pocket and his mace in his
right. By this circumstance the state will
try to show that Ware did not beat the
prisoner very severely, and simply used
Mr.. Wiltsie closed his opening statement
at 500 o'clock and the court adjourned
Before the adjournment four members of
the boo gang were sworn in as witnesses
in the case.
In regard to the line of defense it is I'M
derstood that the point will be made that
Ware had no warrant for Ferriter's arrest
that the latter had done nothing that would
warrant arrest, and that the patrolman
was not killed in the discharge of his duty
Mr.. Wiltsie is fortified with a recent de-
cision by the Supreme Court on this ques-
ton. which will probably go hard with the
defense. The prosecutor has brother
living ar Carthage who is peace officer.
He went to arrest a tough character
who had committed some offense which the
officer had not witnessed Afterward pro-
ceedngs were brought against him on this
ground. The case went to the Supreme
Court. where it was held that If an officer
has knowledge of constructive Offense
either by information or otherwise, he is
justified in making an arrest
NO INSANITY PLEA.