The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-08

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"A saloon keeper in indianapolis does not
dare go back on the policemen in that city,
IL o'clock, and the police would not forget
man who went back on them in this case.
Mr.. Potts spoke in all two hours and a
I half and made very able exposition OF the
theory Of the defense.
MR.. WILLIAAIS'S SPEECH.
| Joseph Williams prosecuting attorney for
| the judicial district of which Morgan coun-
| ty is part, was the next speaker. The
jury, he said. should consider Ferriter's
character in connection with his credibilty
as witness. The jury could eliminate his
entire testimony if it believed he was con-
firmed liar. When a mere child the de-
| PENDANT had to De confined in a reform
| school, Brought back again after being re-
leased on good behavior, he escaped. Scarce
| ~ has he been out of jail or prison since
then more than three months at a time.
GU are now trying John Ferriter. the
burglar for murder, said Mr.. Williams.
The throwing of beer by Ferrter was an
assault, it was commended, but even beyond
| that Ferriter tried to hit the officer. Mr..
Williams devoted considerable attention to
| them severely. AS he referred in low
| voice to the death of Ware both the wife
and the mother of the dead man wept and
sobbed. The little boy tried to pull his
mammals hands away from her eyes The
testimony of Hensley where it weakened to
the detrment OF the states case was gone
much to retrieve the damage done by Hens
ley on the stand.
MR.. GRIFFITHS'S ARGUMENT.
At $3.50 o'clock Mr.. Griffiths took advan-
tage of the defenses last opportunity to
speak. He at once made a severe arraign-
ment of Mr.. Williams's speech, calling his
conduct ''ungenerous, unprofessional and
cowardly" Murder in the first degree, for
which the death penalty should be reserved,
was illustrated by such the Pearl Bryan
ana Luetgert cases. Supreme Court de-
cisions bearing on generalization, showing
that a certain time must lie allowed for the
passions to cool, were cited.
That boy has never had a fair chance
in life" remarked Mr.. Griffiths with We
hemence Every hand has been turned
against him. We knew his record, but we
put him on the stand that you might know
every fact in his career. The only time they
attempted TO prove he ever used a weapon
before was in a case where we showed he
Mr. Griffiths held that there was no SEM
blance to riot when Officer Ware was
summoned He talked with the boys in a
friendly way and they d ~ srsed. The
coroners record was exhibited show that
Witness Sullivan did not see . shot fired,
as he testified at the trial. u =. did not
notify Ferriter that he was der arrest,
and was guilty of an aggravated assault
and battery the moment he strick MIN, and
that moment the right of sel1~defense ex-
listed. Ware weighed 1S5 pounds and was
muscular, while Ferriter only weighed l20
pounds. Time and again Ware knocked the
boy down Why didn't he accept the aid of
Hensiey if he couldn't handle his prisoner?
Hensley testified that the boy was badly
hurt. The sympathy Of this principal wit
ness for the state went out to the boy. The
attorney made an effort to patch up the
vitality weak spot in DR.. keegan's expert
testimony, and Mr. Wiltsie, with smile,
offered him the typewriter copy OF 1t. Mr..
Griffiths spoke an hour, closing with very
eloquent peroration. asking for simple JUS
tice for his client. The speech was regarded
as an able one.
MIR. WILTSIE CLOSES.
Mr. Wiltsie began the closing speech in
the case with a touching account of the
manner in which Ware had responded to
the fatal telephone call. Ferriter, had he
not been a vicious boy, would have been
nodded into an honest life in the hands
of Superintendent Charlton, of the Reform
School.
1.-The man that took the life Of Charles
Wart," said Mr.. Wiltsie. did it after full
generalization and with malice in his breast.
The man who fired that shot into the po-
liceman'S brain gave him no chance to pre-
pare to meet his God, and if you fix upon
John Ferriter the penalty of death, you will
give him better treatment than he gave
poor Charles Ware"
AS Mr. w, sic went into the evidence his
manner grew dramatic, and a hush fell over
the courtroom Several women wept as he
now and the pictured the death or ware.
He ceEsured the efforts of the defense to
make the jury believe some parts of Hens
| ley's evident e. and discredit others. The
| prosecutor thought the testimony of Upton
was completely impeached. He argued on
! this line extensively. and, as far as the wit
neSs'S story was supposed to be consistent
| in details, the prosecutor riddled it, Mr.
| Wiltsie was unfortunate in having to make
his effort after darkness had set in and
the jury was tired from long confinement,
the court holding sessions from $3.50 in the
morning till $50 in the evening, with one
hour for dinner but Notwithstanding this
he hp1H hn n attention pl0CelX
His conduct of the case has been an ex-
traordinarily good one, considering the dis
denunciation of the character of the Boo
| gang leader was as scathing as his argu-
ment on the evidence was logical.
The idea of Upton being able to recognize
| the cherry color of the poHcemanS mace
| fifty or sixty feet away, and that at time
when the sun had set and night was COM
| ing on was ridculed by Mr.. Wiltsie.
| IF you give Ferriter his life it is the most
favorable thing you can do under the evil
him and you render absolute justice. Speak
| ing for myself and l think for the people
of Indianapolis, l would rather see you
| turn him scot free on the community than
give him a prison sentence shorter than
| that of one for life"
| With this Mr.. Wiltsie closed. AS one of
| the jurors was feeling i'll, the court an
nounced that he would deliver the instruc-
| tons in the morning.
THE INSTRUCTIONS.
Judge Grubbs's instructions, which will
| be delivered to the jury this morning, are
regarded as fair. They follow the usual
advice given to jury in such cases. Re-
garding feature pertinent to this particu-
lar case, he will say:
"a police officer, such a policeman in
a city, has the legal right to arrest an Of
| fender against the law either with a war
rant or without a warrant when such Of
| fender in his presence is violating some
| law or committing some breach of the
| peace. In so doing he may use so much
/ force, and no more, as may be reasonably
| necessary to effect such an arrest If the
| offender resists such arrest with force and
| violence and assaults such officer the officer
| may resist such assault, using such force
as may be reasonably necessary to defend
| himself and to enable him to effect such
| arrest. 1t is the duty of an officer seeking
| to make an arrest to notify the person to
| be ARRESTED of his purpose or intention to
| make such arrest, If there be an OppOrtun-
| ity to do so. If an officer in attempting to
| make an arrest abuses his authority and
| transcends the bounds thereof by the use
| of unnecessary force and violence, acting
| in an improper brutal and criminal man.
| ner he becomes trespaSSer and wrong
! doer from the beginning, and he may be
| lawfully resisted. The person Sc assaulted
| may resist such excess of force to the eX-
| tent that he may reasonably believe to be
| necessary to preserve his life from such
| wrongful and excessive use of force and TO
| save himself from great bodily harm. IL
| an officer legally attempting to make an
| arrest is resisted he has the right TO press
| forward and overcome such resistance and
| effect such arrest using whatever force as
| may be reasonably necessary for that pur-
| pose and no more If the offlcer IN
| attempting to make said arrest uses I'M
necessary force and violence the person so
| attacked may. without retreating repel
| force by force, and If in the reasonable ex-