The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-25
William Pruitt COrrOBOrntes kile's
Testimony, Declaring that He Saw
Him Fire the Shot.
IDENTIFICATION IS POSITIVE
ATTORNEYS FOR THE DEFENSE
ABOUT READY TO GIVE UP.
Colbert Got No Confession from Bur~
ton at NashvilIe-Detective
Splann's Testimony.
Special to the Indianapolis Journal.

Special to the Indianapolis Journal.
GREENFIELD, Ind, Nov. Alt is pos-
sible that the Burton trial may come to an
end to-day, notwithstanding the case had
gone no further than to the close of the
states side of it when court adjourned to-
night at 5:45 o'clock. At that time Mr..
Wiltsie, who is taking the lead in the pros-
ecution. announced that the state wished TO
stand upon the first count of the indict-
ment, and moved that the second count be
nollied. Both propositions were objected to
by the defense, but were allowed BY the
court. The state then rested and left the
defense a much harder problem to solve
than had been counted upon. 1t is likely
that the attorneys for the defense will
throw up the sponge when court opens in
the morning, enter ~ plea of guilty and ask
for the mercy of the jury This can be
done, and the general feeling tonight is
that 1t will come nearer saving Burton from
the gallows than any course that could be
pursued. The four attorneys for Burton are
in consultation tonight and they intimated
that this was the subject of the consulta-
ton. They as good as admit that they
have no chance whatever of overthrowing
the strong case which has been made
against their client.
Readers of the Indianapolis papers who
have kept close account Of the Redmond
case doubtless believed that a good circurn-
stantial case could be made out by the
prosecution against Burton, and few be-
lieved that there could be anything else but
circumstantial evidence. From the nature
of the indictment and the evidence intro
duced early in the trial it would appear
that the attorneys for the prosecution had
little expectation of getting before the jury
any convincing testimony. But to-day's
proceedings took the case out of the cate-
CORY of circumstantial evidence. The stats
no longer depends upon circumstances to
convict Burton and get for him sentence
of not more severe than life imprisonments
but it has now before the jury the testimony
of two unimpeached and unimpeachable wit
nesses who swear positively that they saw
James Burton, the prisoner at the bar
shoot and kin Frank Redmond.
The testimony of Philip Kile was taken
Tuesday but he did not make the best Inn
preston on the jury, and uncorroborated he
might not have had much weight. But to-
day when William Pruitt related practi-
cally the same facts, Kile was completely
vindicated, If he needed it, and the jury was
left with little reason to doubt that Burton
actually did the shooting. Pruitt stated
that he saw the man who ran out of Eide
ridges store plainly in the light and never
lost sight of him until he fired the fatal
shot. He positively identified Burton as the
man. The defense tried hard to shake his
testimony. but failed signally. The cross
questioning only emphasized the statements
in the minds of the jurors.
There was a nice little legal battle over
the admission of the testimony of Capt.
Timothy Splann, f. o. Hoyt and w. B.
Peake, who had talked with Burton at the
Nashville prison and heard him make adj
missions regarding the killing of Redmond.
The state won the battle, and their testi~
mony went to the jury and served to clinch
an already. settled conclusion.
COLBERT worked" THE PUBLIC.
Incidentally, the testimony of Splann
brought out the fact that Thomas r. Col
bert, who was superintendent of police at
the time of the murder of Redmond and
during the time the case was being worked
up against Burton, was an extremely fortu-
nate man in being sent away to California
on the eve of this trial. If he had come here
as a witness it must have been embarrass-
Ing to him. The fact came out that Burton
had never made any confession to him.
verbally, or in writing. and when the ex-
gave II Oub " bliS P1DA0
press that he had such a confession he
was, to put it mildly, "stringing' the news
paper reporters. 1t was shown that Colbert
had no interview with Burton on the trip
to Nashville on which he claimed he se-
cured the confession, that was not heard
by one or more of the witnesses in court
here to-day, and all the witnesses declared
that Burton had made no absolute confess
ell, IL dpnfcG a that time
which practically amounted to acknowledge
ing that he had killed Redmond, but there
was nothing in writing
1t looks now very much as though Mr.
Burton will receive the death penalty, IL q,
Hancock county jury will impose such a
penalty. The history of murder
trials in the county is against
such a belief, however, for, in the
recollection of the Oldest attorneys, there
never has been a judicial hanging in the
county and never has been so much as life
sentence passed. The nearest approach to
an execution was some twenty years ago.
when a colored man was taken from the
jaiI by a mob and lynched. He had not
committed murder. His crime was an as
sault on Mrs. William Vaughn. then resi-
dent of Blue River township. The mob was
presumed to be made up of citizens of this
township and Rush county. 1t took the
prisoner to the old fair grounds and hanged
him.
Twenty-eight years ago William Dunn, a
school teacher, killed young man who
was his pupil. He was acquitted. About
twenty-five years ago Harrison Kingen and
his wife were tried for the murder of Sam
uel Derry, a brother of Mrs. Kingen, and
also a brother to the present janitor OF the
courtroom. Mrs. Kingen received a sentence
of two years in the women's prison and her
husband was acquitted. A few years later
Jerry Reedy was tried for as brutal a mur-
der as was ever committed in the commun-
ity. He went home drunk and quarreled
with his son, attacking him with buggy
whip. Failing TO kill him with this. he
seized an AK and beat him to death He re-
ceived the moderate term of ten years. He
served seven years and was paroled to die.
About year or two afterward John McGee {
was tried and acquitted for the killing of
a negro.
In 1880 widow named Wilson and a sIx-
year-old child, who lived together on !
lonely farm. were found dead in the honsa
They had been choked to death during tha
night. For this crime Stephen Bales VS.