The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-07
THAT BROKEN NOSE.
(ConcIuded from Firat Pnge.l

the night before ii was not necessary for
Mr.. Wiltsie to exhibit them. An exception
was taken. the court overruling the OBJ
lection to Mr.. Whistles question. When the
fact that Keefe had informed the grand
jury he had known Ferriter only about a
year was brought out, the witness pleaded
that "he didn't recollect" testifying to that
effect before the grand jury. Keefe gave
an account of his movements, as well as
those of the gang, previous to going over
to the alley in the rear of the Cincinnati
Brewery Companys office. He didn't know
where Ferriter got his bucket. keefe
rushed the can the first time with dime
which Ferriter gave him. This was five or
ten minutes after the gang assembled He
had heard no swearing or vile language.
about railroading:" Ferriter and inland
engaged in a sparring bout
when did you learn they were spar
ring?" asked Mr.. Whsle.
The day it happened"
did you see any brick throwing, any
one having coupling pin in his hand?"
mo, sir. -
Did you see anybody hit at all?"
mo, sir"
Didn't you tell this jury awhile ago that
you saw man struck!
Mr. Wiltsie sprung the grand jury notes
to further clnch the witnesses contradic-
tions. Keefe gave the grand jury diff
You knew Charles Ware personality"
Eyes, sir
ibid he speak in a pOhf~ friendly way
when he came up?"
THE GANG "SCAI ED"
Eyes. sir. He said we aid have to
scatter. that we were making a bad show
ing and people were complaining"
You knew that man named Brooks had
shot a man while a crowd was collected in
the same neighborhood short time before,
didn't your"
The court would not permit the witness
to answer this question. Keefe's descrip-
ton of the spilling of the beer was a little
vague on cross-examination.
"As matter of fact, you don't know
whether or not Ferriter struck at the Of
ficer. before the officer knocked him DOWN."
The witness turned his eyes to the floor,
and after moment made the admission:
mo, sir.
Dan kinney, 379 East Georgia, also a
Big Four brakeman, was one of the Boo
gang with Ferriter on April q. and he
followed keefe in the witness chair. His
acquaintance with the prisoner runs back
ten years. On examination-in-chief his
testimony was largely corroborative of that
given by the preceding witnesses. After
INLAND struck Ferriter the latter chased
inland around the brewery .oSfiice. The
thing at his antagonist. The two men re-
turned to the alley in a minute or two
and renewed amicable relations. The words
Policeman Ware spoke when he arrived
were those repeated heretofore.
Ware put his hand on Ferriters right
stage in the story land Ferriter jerked
away, splitting the beer. Then Ware
knocked Ferriter down. 1 turned around
and left l saw nothing further of the
trouble
Kinney said, on cross-examination, that
inland, during the sparring bout, had hit
Ferriter in the mouth He did not see a
brick or a coupling pin in the hand of Nj
land when that worthy returned to the
You didn't hear what the policeman said
to Ferriter?'
Il didn't catch what he said," said the
witness.
How many times, if at all, have you
been arrested?"
Mr.. Potts at once objected to this ques-
ton. holding that the State had no right to
show that the witness merely had been ar
rested; that it had no right to impeach him
in such fashion under the circumstances
unless there was reason to believe that wit
ness had been convicted of an Infamous
crime.
These are men," said Mr.. Potts, with
some warmth living in the poorer section
of the city, who always are arrested when
they are found drunk. They send their
bucket for beer because they can get it SO
much cheaper than when they buy 1t by
Hotel and the Denison for their liquor are
never arrested, and / say"
Il insist that the gentleman refrain from
making such an argument before this
jury" shouted Mr.. Wiltsie, and in a few
seconds the attorneys were in a lively
legal struggle The court finally permitted
the witness to answer the query, the de-
Tense taking a formal exception.
FREQUENTLY ARRESTED.
20 I have been arrested a half dozen
times" replied the witness, nonchalantly.
II don't recollect the first time 1t might
have been in $780, I was arrested with
John McPeake and others. 1 remember
the circumstances. An officer was struck
with a key. 1 don't remember the last
time 1 was arrested
On redirect examination Mr.. Griffiths
showed that in the first case where
Kinney was arrested the charge was as
sault and battery and he had been con-
victed. He was sentenced to twenty days
in the workhouse. Mr.. Wiltsie asked how
many other times he had ben sent to the
workhouse, but the court held that it was
too late to ask the question.
Frank C'Boney'O Keefe, who has been a
railroader,. but is now out Of employment.
was the third member of Ferriter's gang
to testify in behalf of the gangs leader.
He too. has known the defendant a long
time. The gang had first assembled, April
q, on the East-street bridge over Pogue's
run. The incidents that followed have been
set out already, and "Boney's' account of
them did not differ materially from that OF
his brother. From the appearance of the
witness, the name by which the gang
knew him is not far fetched. He twisted a
stringy mustache as he testified "Boney"
said Patrolman Ware knocked down Fer
ritter. and stod Over him as if he We're
ABOUT 10 Strlke MINI again. Inc ldIISr part
of this information was ordered struck out
of the record by Judge Grubbs Continu-
ing, "Boney'' said he did not see Ferriter
strike or attempt to strike the policeman.
The boys were just monkeying" before
the policeman arrived, Mr. Keefe told
Prosecutor Wiltsie, when that gentleman
took the witness in tow. Me and Kinney
was talkin' about railroad business he
volunteered. "Boney" said the patrolman
placed his hand on Ferriter's right shoulder
and was quite positive as to this The
states contention is that the officer, in
holding the prisoner by the shoulder did
weapon, and not for the purpose of Selling
the beer. as the defense will insist. "Boney"
admitted that he had been convicted for
drunkenness and had served fifteen days
II don't like this laundering in the in
dex," remarked Mr. Potts, as Mr.. Wiltsie
to his record Mr. Wiltsie's face expresses
huge volumes, as If something terrible were
held in reserve.
THE court has no control over Mr.. Wilt
sizes face interjected the judge.
Nor am responsible for my face" added
the attorney to whom the face belonged.
A few trite personalities were INDUCED in.
and then, ii being the noon hour, a dinner
recess was taken.
THE KENTUCKY WITNESS.
The witness to the shooting whose name
has not appeared before in the case was
P. H. Upton, of new 2O3 South New Jer-
sey street. a laborer in the employ of the
city, and the defense began the afternoon
with him. He has lived in Indianapolis two
years, coming there from Edinburg. Be
fore that time he was a postmaster and a
road overseer in Kentucky His home is al
the corner Of Georgia and New Jersey
streets, a half block from the scene of the
murder.
~ cav PatroInan Ware go nm IN the