The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-18


the child before it was dead except over
his dead body?' He replied, mo, SIR
When Terrell left the stand the court told
him not to leave the city until the trial had
been concluded. 1t is the intention of the
court TO question Terrell further. as he
proposes to find out how much more he
knows than was related by him on the wit
ness stand.
At the conclusion of the testimony of Ter
rell court was adjourned until p. m.
IN THE AFTERNOON.
The first witness in the afternoon was
Joseph Cochran, street car motorman, of
Indianapolis, who said that he had known
Tyler for quite long time; that he had
roomed in his house while here in Indian
apolis; that Tyler was. as far as he knew,
sober man. While employed by the street
car company he had TO work at night, and
was, consequently, unable to reach his
home before late in the morning. He had
never known of Tyler taking a drink.
Ulysses Terrell, being recalled, said he did
not remember of any conversation that he
had ever had with John Rutherford at his
mouse the night Tyler was lynched- Said
Inc witness; DO not remember oil ever
having any conversation with Rutherford
about what Albert Craig had said to him
about some one riding up behind my barn"
The plaintiffs attorney closely pressed the
witness but Terrell maintained that he
knew nothing further than he had stated.
Albert Craig was then called and said that
and that on the night Tyler was lynched he
was down at Ulysses Terrell's house, where
Rutherford had stopped, saying that Ter
going to see if he could not get it, Said he:
Before We reached the house We saw some
one one ride into Terrelis yard on horse back pack
He was a medium-siZed man, and L could
not say just who he was"
In answer to question as to whether or
ness replied that he could not say for sure.
The court here Interposed question, Don't
you know that the man was Bill Terrell?
The witness, after considera BILE hesitation,
answered, Il could not say just who he
was" Said the witness: Il had a CONVERSE
ton with Jim Rutherford after he came cut
Ulysses Terrell who the man was who had
ridden into his yard, and he replied that he
didn't know of any man. Bill then told me
that there was something up, and he
thought they were going to lynch Tyler"
The witness said that he was we'll &C
quainted with Goblin, but that he had never
told him anything about his suspicious. He
said that he didn't think enough about 1t.
AN UNDERTAKEN TESTIMONY.
William /. Fisher, an undertaken in Scots
burg, related that he knew Tyler and his
wife, and that he was well acquainted with
the Terrells, Mrs. Tyler's brotherS-in-law.
When asked by counsel what, if anything,
he knew of the burial of an infant child of
Mrs. Tyler, he said: 1.-THE day the child died
l was at supper and had just returned to
the office. My brother came in to me and
told me to fix up the job and take it down
to Terrells. 1 took it down to the house,
and when got there the child was still liv
ing. 1 set the coffin down on the bed, be-
cause some one in there told me that the
child was not quite dead yet, and wanted
me TO come and look at it.
The court here asked the question. Was
the child dressed, Mr.. Witness?" to which
he replied, mo, sir, there was something
thrown over it" Upon being asked if he
had ever had conversation with Tyler,
he said: 1.-The next morning he came up
TO the office and told me that he wanted
a nice robe for re child, and he paid me
for 1t on the spot. He seemed very much
affected by the death Of the child and aft
erward, when we were riding out to the
cemetery with it, he told me that it would
I meyer have happened if Mrs Tyler had not
burg" The witness said that he meant
the premature birth of the child. He said
that Tom Terrell, the brother of Mrs. Tyler,
had ordered the casket of his brother.
Lincoln Fisher, brother of the preced-
ing witness, testified substantially to the
same state of facts, and said that he had
heard that the child was Of seven or eight
months CESSATION.
Thomas Terrell said that he went after the
casket for the child because the folks had
told him to. He said he could not say how
long the child lived after he ordered the
casket, because he was not In the house.
The witness said that the night Tyler
was hanged he was at home and did
not know anything about it until the next
morning He further said that he had never
heard of his brothers talking about IL, and
he was quite sure that his family had
never mentioned it. He also said that so
far as he knew none of the Terrells had
ever gone to see Tyler while he was in
jail or after he was lynched. He admitted
that his brother, Newton Terrell, had been
in town the day before the Ilynching, but
said that he had not seen him. He also
said that all of his brothers, when talking
about Tyler, had said the law ought to be
hrc Tyla
Scottsburg about week before Tyler was
lynched.
PLAINTIFF RESTS THE CASE.
At the conclusion of Terrell's testimony
the plaintiff rested the case. The first wit
ness introduced by the defense was A. r.
Miller marshal of Scottsburg. The witness
introduced in testimony the revolver with
which Tyler shot his wife, He said he had
found it on the dining-room table.
The revolver was self-acting 81
caliber make and was covered with
rust stains, said by the witness to
be- blood. The night that Tyler shot
his wife the witness went down to Mrs.
Terrell's house and found Tyler in the care
of DR.. Sarver. Just across the street was
Mrs. Tyler, in charge Of three other ply
sicians. He said neither of them were in
condition to leave the house. The witness
said, as marshal, he was about the town
about every hour in the day, and some
times late at night. He had never heard
any talk about lynching Tyler. He said that
he was not in the mob and that he was not
the man who asked the sheriff for the keys
on the night of the lynching He also said
that the jail was used city prison and
that he often took prisoners there, and he
would be compelled to knock on the door
and get the keys from the sheriff. He also
said that Sheriff Goblin had never asked him
to cooperate with him in hunting down
the 1ynchers, and had never mentioned the
fact that he had received warning. He fur
Their said that Goblin had never accused
him of being a member of the mob, but In
a conversation had with Goblin, two or three
days after the lynching, the witness said
that Goblin had told him that he thought
it was him (the marshaD who had come
after the keys.
The defense then introduced a number Of
witnesses by whom Ii sought to prove that
the character of Charles Thomas for truth
and veracity was Dad. Each witness called
truth and veracity of Thomas, and each of
them invariably said that il was bad. On
cross-examination they showed some hest
fancy in saying who had ever questioned
the reputa ton of Thomas.
Charles p. Deal, a contractor, who had
and veracity was bad, on cross-examina ton
admitted that the people who talked against
him had done since the lynching. Thorn
as Murphy, the partner of Contractor Deal.
testified in substance TO about the same as
Deal. On cross-exa mination he said that
mob. Richard w. Montgomery, president OF
the Scott County Bank, after testifying
to the reputation of Thomas, which he said
was bad said that he was well acquainted
W it'll the County Board Of Commissioners
but that he had never signed any petition
Of Co.