The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-25
WITNESSES IDENTIFY BURTON.
Several Saw Him on the Night of the
Murder.
to the indianapolis Journal.

Murder.
Especial to the indianapolis Journal.
GREENFIELD. Ind, Nov. 24.-The first
person to enter the courtroom this morning
of those officially interested in the Burton
trial was the prisoner himself. He was al
lowed to walk the two blocks from jail to
courtroom with but single pair of hand
cuffs on his wrists and with but two men
to guard him. The air was crisp and Bur-
ton shook with the cold as he entered the
room which is growing less and less cheer
ful TO him as the States case is being made
out. About two dozen men and boys had
preceded the prisoner to the room. They
stood about the stove and stared at the man
charged with murder he came in The
manacles were not removed from Burton's
wrists, and ne was given his customary
seat, where he Intellectually tried TO warm
his fingers by blowing upon them When
Judge Offut and the jury and attorneys
came in, sharply at $50 o'clock, the irons
were removed and Burton rubbed his hands
together and smiled good-naturedly at the
various persons who saluted him. No one
has yet been noticed shaking the prisoners
hand in greeting him.
Members of the jury and lawyers stamped
their feet to get them warm frequently dur
ing the proceedings to-day. Greenfield is
indianapolis too often-a shortage of gas.
The courtroom was chilly during the entire
day. Business was not delayed in starting
Judge Offut ordered the next witness to be
called as soon as he had reached his seat
and notified the attorneys that they must
not waste moment of time. The State
took up the thread of the story where il
left off yesterday and continued its recital
through various witnesses
SAW THEM AT GREENWOOD.
7. e. Sanders, of Greenwood merchant
policeman, was the first witness called. He
was engaged at night duty at Greenwood
Oh the night of Jan. % and testified to hav-
ing seen three men drive into town at about
midnight. He first saw them coming, into
town from the direction of INDIANAPOLIS
They drove past the place where witness
was standing in the dark and then came
back from the south 6he direction of
Franklin), and, meeting witness asked to be
directed to a hotel. saying they had just
driven from Franklin. 1t was bitter cold
night and the three strangers explained
that one OF them was a travelling man and
was anxious to make Indianapolis and also
solicit trade at Greenwood The alleged
travelling man went to Hoyt's Hotel and
the other two drove away. Witness said he
had never seen the man who staid over
night since that night He thought how
ever. he could identify the man.
well, look about the room and see if
you can pick him out said Mr. Wiltsie
The witness replied: Yes, sir; that's him
there"
He pointed in the direction of the table
occupied by Burton and his attorneys.
Attorney Downing asked: do you mean
the man with the glasses?" Attorney Hough
3at almost between the witness and Burton.
No replied the witness. II mean the
gentleman beyond, the one with the brown
mustache.''
This dialogue brought a broad smile to
Burton's face and he showed keen salts
faction in the little diversion, though the
result of the witnesses Identification must
have been damaging to him.
William B. Peake, foreman of F. o. Hoyt's
livery stable at Greenwood, took the witness
stand and told of the coming to Greenwood
OF the three men whom he afterward recog-
nized as James Burton, Ed Phillips and
Carl Harvey. He said the three men stated
that they had started to drive from Frank
lin to indianapolis 1t was u O'Clock mid
night when the men were in the stable
Witness knew of fast train from Franklin
to indianapolis that the supposed travelling
man could have taken out of Franklin for
Indianapolis at 11:45 o'clock. Witness said
that Phillips and Harvey claimed they were
simply engaged to drive the supposed trav-
cling man through from Franklin to In
dianapolis; that as the travelling man had
decided to stop they would drive back to
Franklin. Witness watched the two men
drive away and saw them turh north and
drive away in the direction of Indianapolis
Mr. Wiltsie led the witness up TO his trip
&c Marshall with Mr.. Hoyt and Superintend-
mt of Police Colbert. when it is alleged
burton confessed to the killing of Redmond
When Mr.. Niltsie asked Mr.. Peake to relate
any, conversation had with Burton I'm the
Nashville penitentiary Colonel Black inter-
posed an objection. "If it is intended by
tliis question: he said ITO elicit an alleged
confession Of the commission of this crime
the defense objects TO the Introduction of
the testimony because we are informed that
II any such. confession was made there il
:, was the result of fear induced by threats
ana we ask that the question of the admis-
sibility Of this testimony be first deter
mined"
Mr. Wiltsie said that while IL was not
intended to bring out the confession from
this witness the confession would follow
from other witnesses, and he was willing to
settle the point at once.
The jury was withdrawn and the attor-
neys We're aboI$ 10 begin argument on the
point when several witnesses who had come
over from indianapolis on the morning train