The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-18
THE PLAINTIFF RESTS HIS CASE
BURIAL OF THE TYLER CHILD Is
BROUGHT INTO THE CASE.
Judge Baker Gives the Attorneys for
the Plaintiff Much Latitude i'm an
Effort TO Get at the Truth.

standing that they were to have the privi
lege of introducing. out of order, the fur
Their testimony of two or three witnesses
who will appear before the court to-day.
Judge Baker still maintains his attitude
in allowing the attorneys for the plaintiff
all the latitude possible. hoping thereby that
something may be developed of such a tam
gible nature that it will furnish basis for
a criminal prosecution of some of the men,
bers of the mob that lynched Tyler. The
court often admonishes the witnesses to be
very careful in what they say and to be
sure and testify to the truth.
Those who have been watching the prog
ress of the case seem to think that the tes-
tmony thus far developed discloses the fact
that the Investigations held in Scott county
were not conducted as they should have
been, and that there was little real effort
made to discover the lynchers of Marion
Tyler. 1t looks as though all who had any
knowledge OF the affair were either afraid
of or in sympathy with the lynchers.
Charles II. Thomas. who made the state
ment Thursday that he was threatened by
Charles Cursen, the deputy auditor of Scott
county, with direful consequences, made
affidavit to the facts contained in the state
ment which he made before the court, and
it is row in the hands of Judge Baker, who
will take the matter up when the evidence
has been concluded.
THE FIRST WITNESS.
The first witness called yesterday morning
was Millburn Terrell, who had testified the
day before. He said that it was not true
that he was at the house of Art Shields on
Saturday morning, as testified to at the cor
oner's inquest, but that he was there on
Sunday morning. He said that he did not
tell Jennie Shields Tyler was hung last
night" He said that in reply to her ques-
ton of how he knew it he had replied:
'Philo was down at the crossroads and
heard it," Witness afterward said that this
was a mistake; that Phiio was in Oklahoma
at that time, and it was Jim Richie that
told him of the hanging. No amount of
cross-examination could make Terrell say
that it was Saturday night when he was at
the house of the Shieldses.
Dr. Sarver was recalled and introduced in
testimony a piece of rope, which, he said,
was part of the rope used to lynch Tyler.
He had another piece of rope that witness
said he had procured at the store of John
Garrett, in Crothersville. Said he: Under
the direction of Attorney General Taylor.
searched all the stores in Scottsburg and
could not find piece of rope like the one
with which Tyler was hanged"
Mrs. Tyler's first husband was brother
Of Garrett.
DIR. Sarver said that he had been told by
DR.. Butts that on the night of the lynching
there were number of men to be seen in
the road near Crothersville, and that after
ward some Of these men went into the viii
lage.
Walker williams, who had lived in Scots
burg for seven years, said that he heard
that Tyler was going to be lynched and he
had told Goblin about it and advised him to
put a guard around the Jail. The witness
said that he had been told that there were
two men who were riding around the coun-
try trying to raise a mob; that he did not
remember who Ii was that told him. but re-
membered that he had said that such an
act would be unjust and was entirely I'M
called for" The witness said that 1t was
common talk around the neighborhood of
Thomastown that there were two men who
were riding around the country trying to
get up mob for the purpose of lynching
Tyler.
PURCHASE OF THE ROPE.
John b. Garrett testified that he was the
owner of a general store in Crothersville.
He said that he had similar rope to that
which had been submitted by DR.. Sarver
but that he could not remember of anyone
who had purchased any rope of that kind,
at or near the time of the lynching. He said
that he was related to the Terrell family
by marriage. Before Tyler was taken to the
Jail after the shooting of his wife, witness
said that he had heard rumors that he
would be lynched, but had heard nothing
about II after Tyler's incarceration
Frank Boiling testified that it had been
stated that he was a member of the mob
He said that John Higgins asked him TO go
before the sheriff to see II he could identify
him. He did not know that Goblin accused
him of being in the mob until Thursday
night. He said that he did not know that
Tyler had been lynched until Jim Keith
came TO his house about o'clock in the
morning and told him of 1t. The next morn
ing he went TO the undertaker's place.
Tyler.
James Elliott, foreman OF the indianapolis
Street-railway, said that he knew Tyler and
very industrious. Said he: IF Tyler was
man who drank and went home and abused
his wife / never heard of it,
george NJ Dean was then put on the
stand for the purpose of contradicting the
testimony of Millburn Terrell, who said that
ne had never had any conversation with
Dean S;a on on the morning Of the lynching. He
had gone out to the woodshed about 3
O'Clock and had seen two horsemen go by
ms mouse. that when they saw him they
both turned up their overcoat collars and
turned their faces away from him. He said
That one of the horses had a blaze-faced
nead; he did not know the men, nor could
he Identify the horses.
HE DIDN'T TELL 1T.
Freeman Moon said that he did not tell
John w. House that Tyler ought to be
lynched, was going TO be lynched, and he
would help do it," He said that he was at
home the night Tyler was lynched. He was
informed of the lynching the next morning
by Edward Sutton. The witness could not
recall that he had asked Sutton any ques-
tions about the lynchIng. He said, further
that he did not have anything to do with
the lynching of Tyler, and that he did not
know any one who did. Mr. Moon was very
close-mouthed and had nothing to tell ex-
cept in answer TO the questions of counsel
Mrs. Mitchell, who lives in Indianapolis
said that Tyler had boarded with her, and
she had always thought him good sober
man. She did not know anything of Tyler
In the last two years.
Ulysses Terrell of Marshfield. testified
home in the evening before Tyler was
lynched. He said he remembered that he
was gathering brush that day in the bot
toms east of his house. but could not recall
having seen Albert Craig. Before he came
here as witness he did not know that the
mob was supposed TO have formed near his
house. The witness declared that he had
nothing 10 do with the lynching of Tyler
and that he knew no one who was In the
mob.
Terrell said that he had heard that his
uncle, Tom Terrell. was sick the next day
after the lynching. but denied that he ever
heard that the reason he had &c go TO bed