The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-07

work. in the latter part of 1891. was IN
the Marion county jail and from there W Wehs
to the Prison North. where | served oyer 9so.
three years, being released in October, 1870.
i came back to Indianapolis and worked III
Eldridges lumber yard for two months. |
was thrown out of employment by lack s oa
business in the yard In the spring OF 1880
/ worked in a bicycle plant. In FEBRUARY
of that year l was in the workhouse IN
June and July | was also there, having peeh
out but a short time. l was sent back IN
September. but / don't think 1t was for re-
sisting officer. 1t might have been; 1
was there till the latter part OF November.
| was returned for another mnety-9ay lSaa1i 1Saa
on Dec. "a. / believe | was indicted IN leSo.
There may be an Indictment In Marion couii-
ty for sodomy against me. but was never
tried on it.
In September, 1880, l was in jail for pel1ls
larceny"
Mr. Wiltsie asked the witness If he had
not hit Kingsbury with rock Wnen that
officer tried to arrest him, and had he not
hit a policeman with a keg in leD 10
both questions he replied in the nesauHe.
He claimed he had not resisted Ofncer Ascile
in 1892 when that officer was compelled 70
knock him down, nor had he attempted 10
use knife on Patrolman Slate in 1876. "a
trolman Wheeler arrested the de1ehuant -
September of the same year. He denied re-
sisting in this case, as we'll as anOtner case
when Patrolman Shafer caught nlrn. ne
denied that he had tried to use revolver on
Shafer In the same year he was cIlai Seu
with drawing a revolver on bartender IN
Mann,s "barrel house" He insisted he had
not resisted officers on this occasion
did YOU not see Patrolman W are tne
time colored boy was killed on irish nil!
NO sir; ] was in jail then.
Taking the witness UP to the time OF the
murder Mr.. Wiltsie questioned nm MN fiooet aooel
the incidents. Ferriter had not seen liens
ley nor Sullivan. He was sure ne ulun
throw a brick at INLAND. nor dld ne see Dat
of any kind thrown. He was not angry;
With Ferriter still under cross-eXamlha-
ton, the court adjourned for the msht. a
few minutes before adjournment Juror STAIR
walt was taken slightly i'll.
Mr. Upton formerly of UptonVllle, hy's
a Kentuckian with the rich, rare naVor OF
his native soil about him, was the star VII
ness for the defense this afternoon Al
though an Indianapolitan but Two years
with a Kentuckian's prediction Tor holuc
ing office, he soon became an empioyo oi
the city having served sixteen months and
is now an attache of Street Foreman Her.
picks great auxiliary to the IasGarI @ cam
paign. Mr. Upton, years ago, was heal.
lucky postmaster, but he evidently ala not
reach his exalted station through the me-
dunn of the civil service since, as ne con-
fessed, his appointment was mace py Tue d,
Governor in Washington however
though somewhat defective as to educatloh,
linton was ali right in his recollection of
what he saw the night of the Ware muir
der. He saw Policeman Ware brutally peat
Ferriter and break the young mans nose
witness for the defense. According to his
story there was no provocation Tor the
beating administered by the officer, no
blows being struck by Ferriter. The spill
ing of the beer was an accident, to the
best of his observation, and this accident
was caused by the effort of the officer to
reach after the beer bucket. The beating
with the mace, which broke Ferriter 5
nose was given while the policeman had
the young tough at the brewery once
steps The severe s-examination by Mr..
Wiftsie did not break down the witness,
who, from the looks on the jurymen' $
faces, seemed to have their sympathy. He
draWled out his story in quaint way,
till after awhile when the states attorney
grew fierce, the witnesses hands began to
culver and flush came to his face His
story was little shaken by the severe strain
to which it was put.