The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-25


That settles it: | am done for
Colbert said: Well, to make long story
short, you are the man wanted for the
murder of this fireman.
Burton said: i suppose am, but don
care to talk about it now.
Burton asked for a private interview
with Colbert and / went out. Before going
l shook hands with Burton and he said
You're all right. Carl Harvey betrayed
me-"
F. o. Hoyt. a Greenwood hotel man. who
went to Nashville with Colbert and Peake,
related the conversation with Burton at
Nashville. He said Burton at first refused
to recognize him and denied having been
at Greenwood but afterward admitted he
was at Greenwood as stated on the night
of JAN 22 and the morning of Jan. %. When
Mr. Hoyt started to leave the room he
heard Colbert say: Burton we have come
after you for the Redmond murder and
Burton replied: Yes, know it,.
SPLANN TELLS THE STORY.
IImothy Splann, who was chief of detec-
tives during the time the Burton case was
worked up, next CAV his testimony. He
related some general conversation and then
told of things Burton had said to him at
the prison and on the way back, which
amounted to confession. Said Mr.. Splann:
Burton commenced the conversation on
the Redmond case by saying: I see Phil
lips is out on bail. 1 suppose he done me-
asked him how he got away from Indian
apolis after the shooting of Redmond. He
said he met Harvey and Phillips at the
park, as agreed, and told them he had killed
that man, and that they agreed to get him
out OF town; that he met them at some
suburb and was driven to Greenwood. [
asked MIN why he had thrown away his
gun He said he had no further use for it.
lie went on and told me about getting on
the train on the opposite side from the sta
ton at Greenwood and riding to Jefferson
vile, taxing ferry TO Louisville and go
ing from there to Bowling Green. He said
he was sick ten days at Bowling Green, and
intended going to the mountains, but in
stead went to Nashville, got drunk and
robbed a house and was sent to prison.
Finally we got the prisoner on the train
Colbert bought him Il half-pint of whisky
at Nashville. rode in the smoker with
Burton, ard Colbert rode in the parlor car
burton talked to me about killing Redmond.
He said he reached Indianapolis on the aft
ernoon OF the killing in company with
Frank Collins, an ex-convict, who had
served with Burton in the Ohio peniten-
t nad leaTneo as he thought, that
the Eldridge job would be worth
500 He said he wanted to wait
until late at night and do the job, but Col
Inns was desI and would not wait.
They went tc the store, Burton said the
first time at about dark, and some men fol-
the job. They went back again to the
Eldridge store and found the road clear. L
was lighting him like demon Burton
said to me, when l discovered that l was
alone, and l ran OFT. / was not afraid of
the old man 1 met on the way to the door,
and did not pay any attention to him, but
put the gun in the face of man who was
at the door, He then related how he
slipped and fell in the mouth of the first
alley and jumped up and ran; how he was
pursued and fired the shot. He said he had
no idea of hitting anybody. He told me all
about the case without reserve
Or cross-examination Colonel Black at
tempted to show to the court that Burton
had been induced by promises and threats
to make confession. The theory which
that Burton felt that his five years SEN
tence in the Tennessee prison would be al
most equivalent to life imprisonment and
that the officers from Indianapolis promised
him light sentence on plea of guilty
here. Another theory was that Burton made
the statement that he had committed the
ton that he would be pardoned from the
Nashville prison and could not be convicted
here.
Detective Splann said he never promised
Burton pardon, and that Burton was not
pardoned, but is out of Nashville on a pa
role. Splann denied having told Burton
that he would have to make a confession
to secure his release from the Nashville
prison. Witness said he did not think Col
bert could have heard the admission made
by Burton while en- route from Nashville
to Indianapolis, because Colbert rode all the
way in the parlor car while he and the
prisoner rode in the smoking car. Colbert
would come in and sit on the arm of the
seat at times, but would not stay long.
Splann was asked if he had promised Bur-
ton to get him off with a life sentence if
he would enter plea of guilty. This ques-
ton referred to conversation with Burton
short time before the trial.
him. replied spiann. Burton c asked a oT me if if
such thing could not be done.''
THE TESTIMONY ADMITTED.
Detective Splanns testimony concluded
that taken to settle the point contested by
the defense. The court summoned the jury
again, and before he overruled the objec-
ton of the defense to the admission of the
testimony of Messrs Peake Hoyt and
Splann, Colonel Black withdrew the objec-
ton. The witnesses We're called again and
gave their testimony again in the presence
of the jury. 1t was practically the same
regarding the admissions of Burton. Hoyt
told of Burtons visit to Greenwood Splann
also also described his trip with Harvey to the
Ohio penitentiary. In giving the informal
ton TO the police which led to Burton'S ar
rest Harvey could not remember Burton's
name. He went to Columbus and when
the names of the men who were associated
with him in the workshop were called off
he remembered the name, and it was found
that the description of the man known at
Columbus as Burton tailed with that of
the man whom Harvey knew there and in
Indianapolis.
Splann admitted that another half-pint of
liquor was bought for Burton al Louisville
he said Burton claimed he was sick and
asked for the whisky. He drank the first
vile, and part of the second bottle on the
way to Indianapolis. He said it did not in
toxicate Burton. Splann said he asked Bur-
ton IL he had got money from Phillips and
Harvey, and Burton said:
No. ! had to give Phillips 50 to drive
me to Greenwood"
The cross-eXamination of Detective Splann
did not change his statements made to the
court and then to the jury After he had
concluded Mr.. Wiltsie had him identify the
hat and SlungShot found in Job Eldridge's
store and the pistol found in the alley south
murder, and these things were introduced as
evidence Then Mr. Wiltsie said:
THE State elects to stand by the first
count of the Indictment
Colonel Black-We object to that 1t is
not proper, after the State has introduced
all it's witnesses to ask to stand trial on any
one count when there are more.
The Court-The objection is overruled.
Mr.. withstand now the State wishes to
make motion to nolle the second count in
the indictment.
This was objected to, but the motion was
State then rested it's case. The first count
which stands, charges the defendant with
Willful, premedtated murder. The second
count was in two parts and charged the
defendant with killing Redmond while in
the act of committing felony and with kill
mitted felony.
Mr.. Wiltsie said afterward that he did
this so as TO have no complications, He
found, he said, that there was no law I'M
der which it was necessarily murder in the
first degree that a man be killed by one
erward. He said he felt confident the State
had made a case under the first count and
was willing to let it go on that. Il want to
see the man given either the death penalty