South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-10-08
Defense Contends That Man
Who is Connected With
Murder of EnoCh HighSChew
Should be Kept Off Stand.
IS GIVEN IMMUNITY
FOR HIS EVIDENCE
Witness is Now Serving Two to
Fourteen Years Sentence
and Probably will Have to
Complete Term.

Fighting desperately 70 prevent the
testimony Of William Booker. alleged
accomplice OF willard Arney in the
murder OF Enoch Highshew. attOr-
neys defending Arney were overruled
twice Tuesday by Judge Funk in the
circuit court The decision on the
third of the defense's contentious viii
be made Wednesday morning.
Booker. a convict at the jefferson
vile reformatory. who had earlier in
the day been assured immunity for
his part in the killing. took the wit
ness stand TO tell his story shortly
after o'clock Tuesday He had been
asked but few preliminary ques-
tions, however. when Atty. II. A Steis.
for Arney. raised an objection which
stopped the evidence The jury was
excused until morning during the ar
gument which followed
Benjamin Jarrett. former chief OF
police of Mishawaka. John Jarrett
his brother. also an officer, Cornelius
HighsheW and Mrs Highshew. have
testified before Booker. Attorneys for
the defense in cross examination,
sought to bring out the fact that the
tracks OF but one person were found
near the scene Of the crime
In presenting the objection 10
Booker's testimony Mr.. Steis said:
I'VE think the court should exer-
else it's discretion cautiously in allow
ing a main offender OF principal actor
in "A crime to come in and be white
washed and then testify against an
alleged accOmplice. As mem Ders OF
the community we are just AS much
interested 10 see a man who actually
committed murder punished as one
who is charged al a cO-COnspiratOT.
Prosecutor Montgomery pointed out
that although the evidence viii
show that Booker fired the fatal shot.
Arnev was the man who suggested
the robbery which resulted in the
shooting, according TO the states
theory.
Prosecutor Montgomery presented
a motion Tuesday 10 discharge Book
er who is under Indictment for the
murder. and whose bullet. according
TO Rockers own opinion. was the one
which killed Highshew. After hear
ing written and oral objections by
Arney's attorney. Judge Funk sus-
tanned the motion, ordering Booker
freed
Booker's statement. which. accord
ing 10 the states attorney, IS com
plete confession. is understood 20 have
been given under the offer Of immun-
ity. which was fulfilled with the dis
missal Tuesday. After lrney's arrest
last spring the immediate steps to-
ward a confession from Booker we're
taken IL was practically admitted
that the case against Arney could not
be made strong enough without more
evidence than had been obtained IN
the mystery. bet, re Booker peach
ed"
- o.-r-~~s-.. -t,+1,,,ors fr -uos
learned that il was his bullet which
probably killed Highshew. Booker
was behind the buggy and ATney IN
front according 90 the 'confesslOn
and Highshew's wound Was IN the
back Of the head.
Remain in Prison.
Although Booker is freed from the
murder charge he must remain IN the
Jeffersonyille refOrmatory whore ne IS
serving a sentence of two 10 IA years
on "a forgery charge The time fcr
BOoker's parole is near bDt his con-
fessiOn 20 completely murder in
the opinion Of local officials. will pre-
clude the possibility Of his release,
probably. until the entire u years OF
the sentence are served tie has been
In the reformatOry nearly two years
Judge FUNK also ONerTuied mo-
tiou for % continuance filed by the de-
fense based on the plea thai Boxers
discharge presented a new angle On
which they were not prepared and the
trial proceeded. The jury nsd Deea
accepted before adjournment Monday
evening and was sworn Tuesday.
Widow ON stand
Mrs. Highshew widow " the muir
dered man. was the first witness cali
ed by the state following the opening
statement. she told OF her husband
leaving the house "a short tEtanCe
southwest OF Mishawaka. in buggy
on the night OF the murder. Alarmed
al his failure 20 return during the
night an Investigation was made ear
IS next morning
HighsheW's dead body Has tound in
the buggy which the horse had drawn
into the carriage shed After the mur-
der the horse had kept on the road
toward home without guidance, draw
ing into the shed without attracting
the notice Cf the family.