South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-10-09

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close friend OF the woman's. Her
| husband was killed several years age.
Il think I know who did it." MS.
| Rosinsk replied.
The next day Mrs. Rosinski said
she told the same thing to Mrs. Owen
Wamsley and Mrs. John EmmeGeker.
both neighbOrs OF Mrs. Jenkinson, on
| Sarah ST The curiosity of the women
was aroused and finally Mrs. Rosfn-
| ski told them she thought IL was
Willard Arney and William Booker
who killed Highshew.
The gossip which followed this con-
versatiOn became general throughout
! the neiShbOrhOOd and over a large
! part of the city 1t came to the
J prosecutors Office and resulted in the
investigation which ended in the ar
rest Of Arney.
The story Of the murder Of Enoch
Highshew on a lonely country road
outside Mishawaka in November.
| 1903, told to the jury in the circuit
court Wednesday morning, by William
Booker, a convict is the foundation on
which the prosecution is relying to
secure the conviction Of Willard Ar
ney.
Booker's testimony occupied the en-
tire morning Wednesday. He resum-
ed the witness stand shortly after
court opened when Judge Funk an
nounced his ruling admitting the evil
dence. The objections raised by at
| torneys for Arney when Booker was
placed on the stand Tuesday after
noon were overruled.
Judge Funk declared the question
was Identical with one presented in
the motion of the prosecutor TO dis
charge Arney and that the necessity
for the action must be left to the dis
cretiOn of the states attorney.
When Booker entered the crowded
court room Wednesday morning, his
face bore characteristic smirk. AS
his eye swept the gallery. filled almost
entirely with Mishawakans. his glance
indicated recognition OF several among
whom he lived for more than l years
before going to the reformatory.
Kissed His Son.
In the witness stand Booker kept
his eve from Arney. while he made his
confession. Arney, a little more
pallOr in his cheeks than before, kept
steady gaze fixed on his accuser.
| There was no sign of nervousness.
Once he turned away TO kiss his five
j year-old boy who clambered up on his
! knee and to smile at his wife, who sits
( at his side.
Under examination by Prosecutor
/ Montgomery. Booker gave the follow
/ ing version of the crime:
| 81 was Arney' IS brother -in-law. 7
married his sister. We were good
I friends, what you would call 'chums'.
i During the early part of November.
! 1909, / was .rOOming at ArneyS home
| on Water st. on the noon of the
| fifth. shortly after dinner we got to
/ talking about money and Arney said
he didn't have any. / told him l
I didn't have any either and he said:
Wen get some then.
81 told him all right Then he went
into the bed room and brought out
two 32 calibre revOlvers and some
black cloth. He gave me gun. We
were going to use the cloth for masks.
I'VE left the house about three
o'clock and spent the afternoon in
Forstbauer's saloon. drinking and
playing cards. About nine o'clock in
the evening we went down TO the rail-
road bridge to wait for somebody to
come along. Nobody came and we
went back 10 the saloon and had
few more drinks.
when we came out again we saw
a man riding in a buggy south on
Main St 1t was Highshew but I
didn't know it then. That was about
1880. Arney suggested that we fol-
low him on our wheels and l agreed.
We rode out behind the buggy on
Union st. keeping about a block and
a half behind. When we got to the
crossing with the east and west road
we jumped off our wheels and ran
up behind the buggy"
Tells OF Shooting.
Booker then detailed the actual
shooting. AS soon as the shot was
fired the two men ran back 10 the
bicycles. he said, and rode back TO
town At West and Second SITS. they
parted. according TO Booker. When
they parted, according TO the evidence
Booker said to Arney:
Il don't think he was hit"
Eyes. l saw him fall back in the
buggy" was Arneys reply according
TO Booker.
For Gods sake, don't say anything
about this to anybody" pleaded Arney
as they separated.
IF you don't say anything l won't.
replied Booker.
Arney then went 20 his home on
Water st. and Booker to his fathers
home. northeast of Mishawaka.
During the crOss-examinatiOn Atty.
Steis brought out BOOker's criminal
record which landed him in the re-
formatory and then went minutely
into the details Of the shooting as
Booker had given them. Booker was
asked if ne had not outlined several
facts differently during a conversation
with Isaac Kane Parks. counsel for
Arney. at the reformatory this sum-
mer Each variation he denied. The
examination was believed 10 be the
foundation Of an attempt 10 be made
later In the trial 10 impeach the cred
ibility of Booker
BoOker's answers 10 the cross eX-
animation were short rarely more
than a monosyllable, incisively deliv-
cred. He twirled his hat in his hand
but displayed no other signs of ner-
vousness. During the intermission he
smoked while he laughed and talked
with acquaintanceS from Mishawaka-
rIDcT ODE cuIppEn 0N