The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-07
REPORTER AS ATTORNEY
HIS APPEAL FOR A POSTPONEMENT
NOT TAKEN SERIOUSLY.
Eli ID. Earring, of the News, the Only
Witness Against Captain Gerber
The Missing Witness.

Detective Captain Gerber, who was ac-
cused by Eli d. Earring, sporting editor of
the indianapolis News. of taking a drink
In Monninger's saloon Sunday. Dec. IA.
received partial hearing before the Board
of Public Safety yesterday. The hearing
was accompanied by much preliminary dis
tress on the part of two News reporters
who appealed for postponement of the
case. The only witness the prosecution had
was Mr.. Earring himself. The other re-
porter. who made a valiant and partially
successful effort to serve all the purposes
of an attorney, told the board that another
witness had been discovered who might be
a key to more.
Chairman Kellar said the prosecution had
had ample time to prepare for the trial and
that 1t had not asked the police department
to serve any subpoena on the absent wit
ness. He suggested that the name be given
and subpoena would be issued forthwith.
The reporter-lawyer stood by his guns and
strenuously insisted that it was just as fair
to postpone the hearing as to postpone that
of Patrolman Montgomery. accused of as
saulting man. He did not seem affected
when Mr. Kellar explained that the SUBJ
poenas for the witnesses for the prosecution
in Montgomery's case had not been found
by the police, although the subpoenas had
been issued four days ago.
The board decided to go ahead with the
trial Captain Gerber and his witnesses
were present. he was represented by Merle
Walker. who made a vigorous protest
ness of the prosecutions promises.
Mr.. Earring then stated that he had visited
Monningers saloon the Sunday named
in his charge. He was not, he said, Spe
cially assigned by the News to that saloon
In particular nor to any saloon on that day,
to- look fey mad
liquor law violations. He said he left club
house at 5:25 O'Clock and went directly to
the saloon. He must have reached there
about $50. he said. Four or five minutes
They drank beer. They were in the place
only couple Of minutes, he said.
KNEW THE DIFFERENCE
Mr.. Walker. in cross-examining Earring,
intimated that cider might appear like beer
but Mr. Earring said he knew the difference
He said the time when the men came In was
nearer $50 o'clock than it was o'clock; In
other words that it was before 5:45.
Superintendent Taffe was the first witness
for Gerber. He said he saw Gerber at the
police station at $50 o'clock and that he was
not dressed for the street. c. T. MacIntyre
telegraph operator at the station. said he
saw Gerber at $50 o'clock and for some
minutes thereafter He did not think Ger
Der left before 5:35 and perhaps not until
$40.
Emil Fertig testified that Gerber boarded
a North Senate avenue at 5:45 o'clock
at Washington and Illinois streets and he
and Gerber rode together as far as Senate
| avenue and North street, where Gerber got
off to go home.
James Ross testified that he had not been
with Gerber or at Monninger's on the date
fixed. Mr.. Earring asked him if he did not
say to him (Zaring) Monday night that he
was drinking heavily that day and did not
remember what he did. Ross said he had
made no such statement. Anselm Schmidt
| bartender at Monningers, said he had not
seen either Ross or Gerber that day
Mr. Walker told the board he would not
put Gerber on the stand until after the
| other witnesses that were promised by the
prosecution had testified. If there was to be
continuance he would reserve Gerber s
| testimony until the last The board then
| permitted the hearing TO go over until this
afternoon and offered the services of the
police to serve subpoenas for the prosecu-
| ton.
The representatives of the News made
protest because longer continuance was
| not granted Ii was first represented that
| the absent witness was in Chicago, but Mr..
/ Earring said he I'm the city and that il
/ was hoped through him to get other wit
| nesses He would not give his name In
his testimony Earring said when he visited
| the saloon he was accompanied by another
man, whom he did not want to bring into
/ the affair"