The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-16
He Alleges that Connaway and Two
Detectives { Got the COlored
Ghouls Intoxicated.
OPENING STATEMENT OF TRIAL
THEY ARE MADE AFTER THE Sc
LECTION OF JURY.
Court Stenographer Tells Of Martins
Grand Jury TestimOny-Other
Local Court News.


ored man charged with grave robbing, |
jury was secured in the Criminal Court |
yesterday afternoon. and the States at
torneys examined several witnesses. Coun- |
ty Prosecutor Ruckelshaus made his state |
ment 10 the jury early In the afternoon. and |
later former Judge McCray, one of the at
torneys for Martin, stated the prisoners |
case.
Considerable time was taken up in the |
argument as to the admissibilty of a GER
tain class of evidence. Mr.. Ruckleshaus. in
outlining the States position in the case,
told the jury that the State would produce ,
Martins own testimony before the grand
jury. which was practically a confession
of his guilt. In support of this statement
the State sought to put A. c. Metcalf. one
of the official court stenographers, on the
witness stand, to show what Martin had
said before the grand jury. To this the de-
Tense objected. and Attorney McCray gave
their reason. He asked the courts permits
sion to offer testimony to the effect that
what Martin had said in the grand jury
room was got out of him through fear
caused by threats.
McCray went on to say they could show
that after the arrest of the ghouls they
were locked up in room at the police
station with Attorney Cass Connaway, who
sought to extort promise from them to
go before the grand jury and confess. Nc
Cray said these man had before that prom
ised him McCray), who was their attor-
ney. that they would give no evidence
against themselves. He had advised them
to put paddock on their tongue and throw
the key in the well. When taken before
the grand jury the first time they did re-
fuse to testify. McCray said that on one
occasion they were taken into Police Judge
Stubbs's Office and given whisky, but still
refused to talk. He said that finally Con-
naway told Martin that it was his duty to
90 before the grand jury and testify, and
further told him that McCray had no
standing with Judge Afford; that McCray
was not in the ring and could do the pris-
oner no good; that he (Connaway) was the
only one that could take care of his case.
CONNOWAY'S ALLEGED ASSERTIONS.
According to McCray. Connaway told
Martin to send for James Collins and ne
would tell the prisoner that Connaway was
all right. Cornaway is further alleged to
have said, in his talk with the prisoner
that he stumped the State for John L.
Grifiths; that he also stumped Marion
county for John G. Ruckelshaus and made
Ruckelshaus what he was. Connaway is
further alleged to have said to the prisoner
that If he refused 10 go before the grand
jury and tell his story they would "have to
rap him hard" and would railroad him to
the penitentiary. McCray said they would
further show that Connaway said he had
been to see the Governor and his private
secretary, and they said If the accused had
q WOnl6
there more than five months. Connaway,
it is charged, said he would get a Jail
sentence for Cantrell and arrange to have
the time he was then spending in Jail
counted off his sentence. Cantrell, it was
stated, asked former Prosecutor Wiltsie If
this could he done in Connaway's presence,
and Wiltsie replied that there was no pro-
vision of that kind In the law. Another al
legation was that Connaway said McCray
was a good lawyer: but had no standing in
judge of the court did not like McCray
and the prosecuting attorney did not like
him. McCray said he would show that Con-
naway was in touch with Detectives Asch
and Manning in regard to the cases and
that they had on one occasion got the pris-
oners drunk. McCray said his client finally
yielded TO the opportunities, solicitations
and threats.
The State objected to the offer to show
all of these things, and Judge Thornton
read authorities to back up his contention.
Prosecutor Ruckelshaus held that no mat
ter If all these things were true the State
could not be bound by what Connaway or
any one else without authority had said to
Attorney McCray then made his opening
statement to the jury. declaring they would
be able to show that the prisoner had talked
to the jury as the results of the threats
and declarations These threats were a
reflection on Judge Afford" said McCray.
land they were unwarranted, contemplate
and cowardly." McCray desired to read the
whole of the law of 1903 under which the
indictment was found. but the State OBJ
jected and the court sustained the objec-
ton.
The case went to trial before the follow
ing jurors: Samuel r. CRUDE, Thomas F.
c. Thompson, Zimri C. Lewis, John d.
Hayworth, Thomas Messing. Frank Fesler.
William Thorne, Lewis Meyers and J. T.
Millhouse.
METCALF TESTIFIES.
Reporter Metcalf was recalled to the
stand and testified to the story told by
Martin to the grand jury. This was brought
out in detail during the Alexander trial.
1t related to Martins completely in rob-
blng the graves of Wallace Johnson, Glen
dora Gates, Catherine Doehring. John Sar-
gent. Mrs. Perry Shaw and Johanna Stilz.
1t was for robbery of Mrs. Stilz's grave
that Martin was indicted. but the States
attorneys held that they had a right to
show that Martin helped rob the other
graves in order to establish the fact that
this was the character of business he was
engaged in. Metcalf testified that when
Martin entered the grand jury room he
was asked If he had anything to say and
replied, II am here TO answer questions"
Prosecutor Ruckelshaus read Martins
testimony from typewriter manuscript.
Metcalf following his shorthand notes as
the examination proceeded. Martin was
alleged to have told the grand jury that he
started in the grave-robbing business about
ander's Office a good many times and in all
had received from the doctor $50 or $50 for
subjects or material.
Following Metcalf's testimony the State
called George II. Stilz of 6o9 East Pratt
street, grandson of Johanna Stilz He
testified that his grandmother died July To-
1902, and was buried in Ebenezer Lutheran
Cemetery southeast of Hammond Park.
She was buried July Is. Witness said she
was about eighty-two or eighty-three years
old Witness said they afterward opened
her grave and found the body missing The
different medical colleges were searched
but the body could not be found. Mr. Stilz
said the next time he saw his grandmoth-
er's body was on Oct. IA at the city morgue
The next witness was Manson Niedlinger
of New Augusta. whose wife Rose died
Pleasant Hill Cemetery, near Traders
Point The witness said he and his friends
found his wife's body missing from the
grave and located IL in the Central Col
lege of Physicians and Surgeons.
Frank Doehring testified TO the death of
his mother, Catherine Doehring. Aug. e.
1902. and of her subsequent burial In the
was found open and the body gone. Wit
ness said the next time he "a w his mofhar's