The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-11-22
Defendant Was Put on the stand and
Made Vain Attempt to
Keep Cool.
ATTORNEY ELAM's QUESTIONS
CAUSED HIM TO LOSE HIS COMPO-
SURE SEVERAL TIMES.
Case Went to the Jury at 9;O6
O'Clock Last Night-The Days
Proceedings.

gins, the councilman charged with attempt
ing to bribe David NJ. Parry, filed out of
the Criminal Court room in charge of a
bailiff to their room, where they will bal
lot on verdict. At the night session John
Il. Elan made the closing statement for
the prosecution. and Judge Afford read his.
instructions to the jury. Immediately fol-
lowing Judge Affords instructions the jury
was taken 10 it's room. AS the jury passed
the defendant, Higgins, he surveyed each
man cautiously. and seemed TO realize that
his fate would soon be known.
During the closing hours of the trial of
the Democratic councilman the courtroom
was crowded. The defense opened its case
in the morning, Attorney Duncan making
the opening statement. The chief witness
for the defense and the only one, with the
exception of Deputy City Clerk Tsmm. who
was Intercepted on minor points, was the
defendant. He tried hard to remain COM
posed, but the severe cross-examination
TO which he was subjected by Attorney
Elan caused him to become excited. and
he grew melancholy before he could be
Quieted by his counsel.
at the conclusion of the rebuttal evidence
side three hours for argument. Attorney
Pugh opened for the State, speaking about
one hour and forty-five minutes. He was
followed by Attorney Span, who made
the only argument for the defense. occu-
plying about three hours In the evening
the case was closed and given to the jury.
ATTORNEY DUNCAN'S OPENING
STATEMENT.
Attorney Duncan said that the defense
would not prove that the defendant was
a rich man. but would prove that for more
than eighteen years he has been a dray-
man in the employ of big Indianapolis
wholesale houses, where he was trusted
with thousands of dollars. He said the
evidence would show that he knew Mr..
David M. Parry for several years, and that
the conversation, as Mr.. Parry detailed it,
was not true. Instead, the defense would
prove that Mr. Parry accosted Mr.. Hig-
gins. Mr.. Duncan went into a lengthy
statement of what the defense would prove.
AUGUST TAMM CALLED.
Immediately following Attorney Dun
cans opening statement Attorney Spanu
requested that August Tamm be called to
the witness stand. Mr.. Tamm is deputy
city clerk and is present at the meetings
of the City Council. He detailed the cir
cumstances at the meeting of the Council
on June when the ordinance granting the
right to lay the Parry switch came up for
passage. Higgins applied to Mr.. Tamm to
have the latter write a motion to recon
slider this vote. Higgins then went to his
desk and wrote something. After the re-
suit of the vote was announced the wit
ness said Higgins sent his motion to re-
dor 70 he
Attorney Elan took charge OF the cross
examination of Mr. Tamm. The witness
replied to questions that he did not see
either Mr.. Schaf or Mr.. Parry in the
Council chamber the night the Parry
switch ordinance came up before the Coun-
Gil for passage. Mr.. Tamm said the mo-
ton he wrote for Higgins was about six
or eight lines. Some of the members of
the Council prepare the motions them
selves, said Mr.. Tamm.
stir was caused after the dismissal of
Mr.. Tamm by Attorney Duncan calling
Higgins, the defendant, to the stand. He
walked to the chair and took his seat
slowly and deliberately. He crossed his
right leg over his left knee and folded his
hands When Attorney Duncan began his
examination the latter turned his eyes
toward the floor and answered the ques-
tions distinctly. Whenever he took his
eyes from the floor he seldom faced the
Jury, but watched Attorney Duncan.
Higgins said he had resided in Indianapolis
about thirty years and at present lived ct
years he said he had been a drayman con-
nected with Murphy, Hibben & Co. Part
of his duties was TO pay freight checks and
in this manner he handled between $4,000
and $4,000 year for that company. In
addition he made large G. o. ID. collections
for the same company. The defendant
then said he had been member OF the
Council for three years, having been
elected from the Fifteenth ward Higgins
said he had known ID. Nj. Parry about a
year and a half, having met him at pic
mic where the city officials gathered after
inspecting park lands. Following these
preliminaries Attorney Duncan then began
his pointed questions to the witness con-
corning the details of the alleged bribery.
AT this time Higgins'S composure faded
away and his hands trembled and his
answers showed an inward nervousness.
HIGGINS'S DETAILED STORY.
Then Attorney Duncan asked the defend
ant to tell his story OF the meeting with
Mr.. Parry last May.
II met Mr.. Parry about May" the wit
ness went on. II was going north on Hi
nois street, right at Garden street; that
street is sometimes called Henry, but it is
the same street. l was about in the center
of Garden street and Mr.. Parry stopped
me and spoke 10 me. He said: Hello, Mr..
Higgins He shook hands with me and
held my hand until L got very near to the
door. He took me into the office and said,
sir down He said, Il suppose you know
what L want in Council? L said, Yes
He said, L want you To help me on that
switch 1 asked him about the way it
was coming he told me. Well. he
said 10 me after he said TO me that he
wanted me 10 help MIN, there are couple
of men (councilmen) that are going TO come
around TO see you. They have got enough
money TO take care of all the Council. /
said. You would not tell me who those
councilmen are, would your We'll, no;
| would not want to- i said, Just wait
a minute, Mr.. Parry. l pulled out my lit
lie book and checked off two names OF the
Committee and / said, What do you think
about those two names Mr.. Parry% He
looked at il and said. Who is that bottom
man there?' / said, Mr.. Negley. He said.
You are good guesser The check was
Ieys and he could not tell the difference.
He said, Il want you men 10 give me that
switch / employ 500 men. and IL 20 over
there L will employ that many more He
said, II you don't l will move this entire
plant to Connersville or Rushville.' l don't
Just remember which IL was, but think he
said Connefsville, l thought IL was all
bluff. / believe that was pretty near all
of the conversation We had"
He said that was the last conversation
he had with Mr.. Parry.
Higgins said he knew Negley. but they
..feii OUT soon after Negley entered the
Council Higgins then entered a fiat denial
the latter testified while on the stand Tues
day Higgins admitted he was a witness
tefore the grand Jury. Afte. the indict-
rnent had been returned he said he started
10 give himself up.
Al this point the defense submitted the
witness 10 the prosecution for cross-ex-
Animation. Attorney Elan asked the wit
fill nd hnF how lnn he.