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

however, the court would not permit to go
before the jury.
vieted and sentenced to the workhouse?''
asked Mr. Griffiths
Six times"
arya'' '''''e- ~
Once
Judge Grubbs refused to allow the de-
PENDANT to go into the cases. where he was
convicted. to show his innocence, holding
that these masters We're wholly collateral
The state had the right. however, TO bring
them up to attack the defendants CREDIBLE
ity as a witness. Exceptions were taken
al along the line As Ferriter left the
stand Mr.. Griffiths stated that the defense
rested.
EVIDENCE IN REBUTTAL.
In rebuttal Mrs Anna Morris, of No. 293
East Georgia street, was brought in to i'm
peach the testimony Of Upton, who. despite
his nervousness, was the most damaging
witness against the states case. She lives
across the street from the Cincinnati Brew
ing Companys office, saw the trouble be-
tween Ware and Ferriter, and while at her
window saw the fatal shot fired She was
in plain view of the two men.
Did Officer Ware strike John Ferriter
with anything while they were at the brew
cry steps?' asked Mr.. Wiltsie.
He did not"
On cross-examination the witness said
she keeps lodging house and also washes
lot a tlNiNE.
How often do you wash for living?"
asked Mr.. Griffiths, with a Slight sheer.
Mrs Norris hesitated for while and adj
mttted she hadn't done any washing for q
few weeks. She did not testify before the
grand jury. The night of the tragedy she
raised the window opening out on the alley.
Mr.. Grihiths asked if she did not know 1t
was SO cold that night that policemen wore
their OVercOatS. She admitted that she
didn't see Hensey at the time the shot was
fired, but Prosecutor Wiltsie drew from
her the statement that she was only CIV
ing attention to the movements of Ware
and Ferriter. She also added that she first
told her story to Grffiths & Potts.
When we We're down to you didn't
you say positively that Hensley was not
present when the shot was fired, and that
you did not want to testify because you did
not want to make Hensley mad?" asked
Mr. Cfriffiths.
II said something of the kind. / didn't
see the affair Mr. Hensley did.
Mrs. Morris had seen a, man approaching
with the pOliceman's wheel
Patrolman Adolph Aschs said he had
known Ferriter twelve years and was we'll
acquainted with the moral character of the
defendant, which was bad. His reputation
for truth and veracity was no better. Asche
recalled arresting him on one occasion,
and. before the defense could object, he
added that Ferriter had resisted arrest.
oh | expect he could get all the police
men 10 testify" blurted out young Mr..
Balm in a pout, and the court told the at
torney that this remark was wholly I'M
called for.
Wares reputation for peace and quiet
T. M. Kingsbury merchant policeman,
averred that he had an acquaintance with
Ferriter of thirteen or fourteen years
standing. The defendants reputation was
very bad. Over objection Kingsbury
said he arrested Ferriter in 1855. At this
point, to expedite matters, the attorneys
agreed to submit to the jury without call
ing the witnesses to the stand the fact that
the following policemen would testify as to
the bad character of Ferriter and the good
reputation of Ware for peace and quiet:
Henry Slate, w. H. Conklin, b. r. Stevens,
Samuel Irish and George Shaffer. Under
the rules the state could not show by these
men that Ferriter had resisted every time
he was arrested:
Henry f. Habeney, on being recalled by
the state, said he saw no one near the gate
of Uptons house at the time of the trag-
edy. He was used to prove that Upton, the
ex-Kentuckian, was nowhere near the
scene. Mr.. Habeney knew Wares reputa-
ton to be that of quiet man. He was one
OF the signers of Wares application for APP
pointment on the police force. With the
conclusion of Mr. Habeney's testimony the
state rested and the case was ready for ar
gument.