The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-16

Sergeant Ciawson testified to the identity
Oh tne Key round by her in the almost dry
WASH tuD IN the rear Of the latticed porch
| at the back of the house. In the tub she
salG, was about a half a basin full of water
ana it had evidently been freshly emptied
and shining when found The key was at
once tried in the back door, which until then
had not been opened since the murder She
told of her father-in- laws propping the lat
uce door shut at night with a broom and
nndlng 1T aJar in the morning which the
Key was found Passing to the question of
the safe, which is situated in closet be-
tween the sitting room and library she said
her father-in-law called to her Thursday
morning and asked her where the safe was
ard she pointed out the closet door. To-
gether they went into the room and exam
ined it and found that the heavy layer OF
dust on top of it of several months ac-
emulation had in it the print of mans
right arm and beside it the print of left
THAT MYSTERIOUS KEY.
Albert Schffing, a locksmith on Virginia
avenue, took the stand and testified to maxi
ing key for De Ruiter one day last week
rather early in the week, he judged. When
shown the key found by Mr.. Clawson, in
evidence, he said that it was not just like
that one, but as he made so many keys he
could not be positive In the wrangle that
ensued between the counsel over the admis-
sion of the key testimony the witness I'M
guardedly spoke out that De Ruiter had in
SURE III conversation with a reporter,
said something about the key he made for
MN hitting the kitchen door at his house
This knocked all the attorneys speechiess
LOT a minute but Mr. Harding, making the
records that the key would open the kitchen
door of the Meridian-street house.
AS matter of fact, as explained out of
court, what De Ruiter actually meant was
that the key would fit the back door of his
present residence on Twenty-seventh street
but the construction given the testimony in
court created a sensation that is not now
even removed from the minds of the prose-
cution.
Harry Moore, the son of the accused.
though summoned by the state proved a
valuable witness for the defense. In his
quiet, gentlemanly manner he detailed his
knowledge of the branding iron being about
the house for some time before the murder,
and of his discovery of it last Saturday ly-
ing on the kitchen table. His parents were
very pleasant in their relations toward each
other on the Thursday night that all stayed
at the De Ruiter house. and, in fact, the
last trouble that he knew about between
them was three or four years ago. For the
past year he had known of no words being
passed between them of an unpleasant ma
ture. 1t was their invariable custom of late
to KISS each other at parting. He further
testified to his mother stating to him Fri
day noon that she would not probably go
she didn't feel well, so that when his father
asked If they should keep tea waiting for
her, when they prepared supper that even
ing he told him what she had said, and
they both thought no more about it.
A. j. Gardner, who lives next door north
or the DE Ruiter house, testified to a visit
on Thursday night last from Mr.. and Mrs
Moore and the cordial relations that APP
peared to exist between them.
Miss Hattie Avery, who works for Dr.
Coughlin another neighbor. testified to see
ing Mr.. Post leave the house, but that she
saw no one else depart at any time during
the afternoon. Her testimony was unim-
portant.
Sergeant CIawson was then recalled and
admitted expressing an opinion of Moore S
innocence on Sunday morning. He denied
any knowledge of a will made by Mrs. De
Ruiter previous to the time he arrived in
the city. His second visit to the superin-
tendent was on Wednesday, to ask that an
officer be detailed to watch the house to
prevent De Ruter from removing the
household effects there. on advice from
Moore's attorney.
Patrolman w. J. Sangston, was then
brought in and stated that he rode on
a street car with De Ruiter since the muir
der Mr.. Harding asked him if De Ruiter
had told him of his intention last Friday of
going TO his house to get some abstracts,
and that it was A good thing that he had
net gone A storm of objections from Mr..
Wiltsie resulted. and the court ruled that,
as he had hitherto allowed evidence not
strictly legitimate to figure in the hearing,
he would allow Mr.. Harding to ask the
was done. Sangston then said that De
Ruiter had said that he had sold two lots
for which he had abstracts in the safe in
the Meridian-street house, and that had he
gone up there to get them, as he expected
to do. he would have been there about 3
evcr, not TO go to the house, for fear of get
ting into difficulties with the Moores, SO he
had new abstracts made With the conclu-
sion of this testimony both sides rested
their cases,
JUDGE COX'S DECISION.
Without even a momentary pause Judge
Cox stated that if she defendant is held for
the grand jury the most serious construc-
ton of the evidence would demand that he
be admitted TO bail The case to his mind
however, showed that the proof presented
was not evidence nor was even the pre-
sumption strong. Unless evidence could be
got TO show that the defendant was proba-
bly, guilty the court must be bound by duty
and justice TO discharge him, Had there
been shown to have been a well-founded
suspicion of the guilt of the accused, al
though not amounting to probable guilt the
court would feel justified in holding him
for the grand jury. There was none, how
ever. and the testimony presented by the
only of no benefit to the accused directly
but had added TO the mystery now sur
rounding the case. He. therefore. discharged
the prisoner from custody.
Moore received the welcome news with his
usual impressive air, which neither mis-
fortune nor joy could break down. The de-
cision evidently popular one for he
was kept busy shaking hands for some
minutes with friends.
In the midst of the congratulations his
about his neck and both wept freely. Ser
geant Clawson, with tears in his eyes and
choking with emotion, drew near and. TAX
ing Moore's hand. said "John. IL l evea
find out you did IL i will never forgive my
SELF And before an siiswer could be given