The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-10-08
Beer and Cards I'm n Sidetrackcd Box
Car Responsible for the
Deed.
sWAILS ARRESTED BY SHERIFF
The People of Acton Were Much Ex-
cited over the AHray-Al-
kern's Condition.

A shooting ARRAY about o'clock yester-
day morning at Acton caused great excite
ment in that village all of yesterday. and
resulted in the arrest of jerks Swails,
twenty-three years of age, on charge of
shooting Fleming Alkern with intent to
kill
Alkern, the father of four children, lay
at his home in Acton all day, and his ply
sicians said there was no hope for his re-
covery. He was shot in the left side, just
below the heart, and the bullet, 1t was
thought. penetrated the intestines.
The shooting was the result of an argu-
ment over a game OF cards in progress dur
ing the night in a box car on the Big Four
sidetrack.. Swails. Alkern, Liva Toon,
William Stewart and Lee Weaver procured
kes of beer, which was taken to the box
car
Sheriff Clark was advised Of the shooting,
and yesterday afternoon, in company with
Prosecutor Pugh. drove to Acton TO inves-
tigate. While Mr.. Clark was looking after
Swails. Pugh and others called at Alkern
home. Alkern made the following state
ment: 81, Fleming Alkern, realizing that
1 have been mortally wounded and believ-
ing that l am in imminent peril OF ap-
preaching death, do make this, true
statement of the facts and circumstances
leading up to and attending the trouble
between me and jerks Swails. left my
work at the Foundry woods about 1890 or
1 o'clock p. m. on Saturday, Oct 6. on ac-
count of the rain, and drove home about 3
or o'clock After supper 1 met jerks
swails, Yancy Stacks, Liva Toon, William
Stewart and Lee Weaver. We all pur-
chased small keg of beer and carried it
over to a box car near by, where we en-
gagged in game of seven-up. jerks
Swails and L were playing each other
jerks and I got into an argument about
the game. He had been fussing and ours
ing all evening. We had a dispute over the
play that was made. / told him what card
/ had played, and he jumped up off the
floor, where We were playing, and called
me a liar. 1 Immediately
jumped up and made motion as though
L was going TO strike him with my fist
when he pulled out his revolver and fired
at me, striking me in the breast. did not
have anything in my hand at the time. 1
did not have any weapon of any kind with
me except small penknife, and 1 made
no effort TO get 1t from my pocket or use
1t in any way.
The statement of Swails, corroborated
by Toon and Stewart, was that Alkern was
known about the village as a braggart and
bully, and that when the argument arose
Alkern jumped from the floor of the box
car and forced Swails into corner. threat
ening to cut him with a knife. Swails said
he shot at Alkern in self-defense.
After the shooting Swails left the box
car and summoned a physician, who ex-
amined Alkern on the ground near the box
| car, and then sent him home.
| Swails is the son OF George S. Swails, a
grocer at Acton. He made no attempt to
| leave the village, and was sitting in front
| OF the store talking of the shooting when
| Sheriff Clark approached him. He was ar
| rested in this city several months ago for
| the alleged theft Of a pocketbook from a
young woman with whom he frequented a
| beer garden on East Washington street
| AT that time he was considered by the po-
| lice mot bright
The shooting caused great excitement in
| the village, and but few who lived there
| stayed at home during the day. most of
| them crowding about in front of the Al
| kern home and in front of the Swails store.