The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-06

When he returned Ferr1ter was sitting on
the brewery office steps, in a semi -crouch-
ing attitude. with his hands behind him
and resting on his hips. Suddenly Ferriter
sprang up, whipped out revolver and
placing il within six or eight inches of the
pohcemans left temple. fired The patrol
man at the moment holding his BIZ
cycle. Ware fell over against the witness
and then dropped to the ground. The re-
hearsal of the events following the death
OF Mr.. Ware did not differ from that pub
iished in the Journal the day following the
Mr. Potts for the defense, took witness
Heusiey through the cross examination. The
witness had known of no disturbance in the
rear of the brewery plant till after he re-
turned to the office from supper. The
Boo gang was not there when he left at
o'clock. He had not seen anything in
Eerrters hand as that young man chased
INLAND out of the alley. AS soon as MessrS
Hensley and Sullivan saw INLAND return to
confront his prosecutor, they followed him.
Hensey heard Ferriter say TO inland: y on
hit me in the mouth. Then the men
patched up their differences.
How much blood did you see on Ferri-
ters mouth?" asked the attorney.
Just little" frankly replied the wit
Il object, because -" but it was too
late for the prosecutor to object
admitted there was nra ctinaIiv mo me distirb.
ance on 1t was over. The policeman, good
humoredy, ordered the crowd to dispense
Three of the men went one way and two
in another. 1t was in the scuffie between
Ferriter and the policeman that the beer
was spilled on Ware.
Didn't the officer get very. angry at once
and knock Ferriter DOWN." asked Mr..
Potts
well, yes" said the witness.
he?"
mo, SIR
He tried to get away before the police
man struck him the second timer"
Yes, sir
What kind of blow was it the police
man struck? 2"
"A hard one"
How big a man was the policeman
About 1S5 pounds"
Mr.. Wiltsie objected to questions as to
q comparison between the sizes of police
man and prisoner. The court did not sus-
tain the objection.
Mr.. Potts had Ferriter step forward be-
fore the jury.
This defendant was about the same size
he is now?" asked Mr.. Potts.
Mr.. Wiltsie: you introduce the defendant
q witness?'
Mr. Potts and Mr. Griffitbs both protested
follow. They merely wanted the witness to
confirm his impression of the defendants
size.
A RELUCTANT ADMISSION.
''Your sympathy was with that boy when
you offered your assistance?" asked Mr..
Potts. You thought the policeman was
using unnecessary force?'
The witness. reluctantly enough, admitted
that such was the case. Ferriter was
bleeding very freely and hard. Blood was
flowing from his face as he sat on the
steps, a minute before the killing.
What was the appearance of the pris-
oner's face as he fired the shot?'
He looked desperate, and as though he
didn't know what he had DONE
Mr.. Wiltsie wanted this answer expur-
gated. The court ruled out the latter part
a conclusion. The defense took excep-
ton.
Did not the defendant stand there dazed
and bewildered?''
The witness admitted as much Mr. Wilt
sic strenuously opposed this line of cross
examination, holding that it was improper.
The court held that the general scope of
the cross-examination was not improper.
Mr.. Hensley testified that he had served
several months merchant policeman,
taking the place of Merchant Policeman
Watterson, who was killed by burglars. He
had also been in the saloon business.
On redirect examination the witness said
Ferriter first struck the officer. AS the
policeman reached to the hip pocket Of his
prisoner Ferriter said: - you, you
can't arrest me or search me-"
Mr.. Wiltsie wanted the witness to repeat
this in a louder tone of voice, but the de-
Tense objected to any such emphasis. and
the court would not permit it. The witness
modified former statement, qualifying 1t
to the effect that he offered his assistance
for the benefit of both policeman and pris-
oner After Mr.. Hensley was excused from
the stand a brief recess was taken and
then 4 batch of nine witnesses for the
state, who had come down from Indianap
oils on the morning train was sworn.
p. NJ Sullivan, of 139 South East street.
another employee of the brewery company.
and. with Hensley, witness of the killing
of Ware. was the second witness He be-
gan his story with his meeting the patrol
man, who had been sent to Georgia and
New Jersey streets in response to a mes
sage sent the police station by sullivan.
1rerriter, and had observed blood on Fer
riters upper lip. Mr.. Sullivan was chopped
off several times as he undertook to repeat
en0eaXOrlng
show that he had telephoned the police
station, after two women had approached
him. but what the women said TO him. did
not get before the jury
Mr. Sullivan saw the tragedy through
window. He was engaged on the heb, books hIs. OF
lew seconds after he was shot. The wit
ness identified a photograph of the build
ing On cross-examination Mr.. Grifhths
sprung the coroner's records the wit
ress Sullivan admitted that he had made
complete statement before the coroner.
ners record for the purpose OF lmpeach-
ment and did so, over Mr.. Wiltsles pro-
test This record showed that Mr.. Sullivan
merely had seen Ferriter put his revolver
in his hip pocket, and the record indicated
that he had not seen the actual shoounS,
as he testified at the inquest. lie mad NOT
thought he would be called as q witness in
the case Recently he and Mr. Hensley
had talked about the blood on Ferrlters
MIR Wiltise brought out the fact that the
coroner was not present when the witness
made
the statement was made before the young
iadv In the coroner's office. No one asked
him questions No was in the room
but the young woman, who took down the
statement in long hand. 1t required but
a few minutes to write 1T out. me
witness had noticed that Patrolman ware
clothes were wet as the dead officer lay
on the ground.
WARE WAS UNFORTUNATE.
William ]. Eifert telephone operator at
the police station. testified to receiv-
ing the message from Sullivan asking
for a patroIman This message was re-
ceived at 6.25 o'clock lie sent Ware in
response to the call. Ware would have gone
off duty at $50 o'clock. Ferriter was
brought i'm shortly before O'Clock. AT
this stage in the proceedings the attorneys
agreed to the fact that Ferriter was TWEEN
tv~four years old at the time of the murder.
Mr. Eifert was not cross examined and the
court ordered noon adjournment.
Frederick wilkins. of new GOA North
Liberty street. bartender for Charles
McCarty at (old) 179 Virginia avenue. was
introduced at the afternoon session. ana ne
announced that he. too, had seen the muir
der OF Ware He was near the corner or
New Jersey and Georgia streets. when he
witnessed 1t. fifty feet away. His attention
was first attracted to FerriterS position on
the office steps He saw Ferriter reach
back draw his revolver. place II at the
patrolman's temple and fire. After Ware
fell Ferriter stood for a few moments and
then turned about and ran TO the railroad
tracks wilkins saw Ferriter fire second
shot after ne had gone about ninety or
100 feet This second shot did not seem
directed to any particular object or person.
4fnrsv a