Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 19 June 1896 — Page 3
VOL. 49-KO. 25
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THE HAUK CASE.
The Confessions of the Defendant :ire Admitted to Kvlilencc—The Trial .. Progresses Slowly.
FRIDAY'S SESSION*.
When court convened last Friday only a fair sized audience was in attendance, the heavy rain keeping many of the regular loafers away. However, as the hours passed on the crowd increased and by noon the room was full. The first witness called was
FRED PITMAN.
Was a member of the grand jury which indicted Hauk. The jury did not learn of the use of drugs on instruments.
(Che (!inUufori)sl)tllc loumal.
•ft' WILI.AKI) SMITH, ft
Of Covington, saw Phil Hauk on Jan. 18 going to the depot at Covington with a young lady about 4 p. m. The lady was young and small.
AUSTA T. L1VEXGOOD
Is a very small young man with the appearance of a fat Sunday school
delegate. He resides in Covington, of which place he is Mayor. His Jaw oflice is on the square and OD Jan. IS witness saw a couple on the west side of the square. The lady was the smaller. They were not together at first, but joined each other on the northwest corner of the square. They were coming from the direction of the station. They were going toward Dr.
Stout's office. Couldn't say that the young man was Phil Hauk, whom he saw this morning for the first time
since. Cross examination by Haywood:—His impression that the man was Hauk was partially formed by subsequent developments. Did not see them enter Stout's office.
Mr. Haywood finally mo^ed to strike
out the evidence of this witness, but was overruled.
FOSTER FLETCHER,
Late of New Market, resides in Madison township at present. On 18th of January lived in Coal Creek. That day saw Phil Hauk and Grace in a buggy going toward Elmdale. She was laughing. This was about 9 a. m. Witness was wich Ben Swank, of Bristle Ridge.
•MRS. MARY M'CLAMBOCK
Is the wife of Lemuel McClamrock. Was married to him six years ago in May. Grace lived with him during her life. Saw Grace on Jan. IS in the morning. On Friday, the day before, she went to school and was perfectly well. On her return from school she helped about the work and read the
papers. On Saturday morning she did her work and then went away with Phil Hauk. Witness saw them leave and Grace was well. Next saw her on the following Thursday morning at the Hauk place. Grace was then very sick and witness waited on her until she died. Grace's father also waited on her but no one else did.
The witness was not cross examined.
LEMUEL M'CLAMROClv
Was recalled. It is four miles from witness' home to Elmdale by direct route. By the way of the Hauk house it is more than two miles further. It
would have taken only a drive of a mile and a half further to have taken Grace to her own home on Sunday, Jan. 20, than to have taken her to Hauk's. It was her desire to go home. (That part of the testimony relative to Grace's desire was stricken out.)
CHARLES E. DAVIS
Is Sheriff of Montgomery county. Phil Hauk was arrested Jan. 25. Talked to him in jail oilice.
At this point Mr. Haywood objected to further questioning along this line as defendant was in custody of witness at that time, and that the defendant
was then under duress, in fear and uuder threats.
Mr. Haywood stated that he wished to examine witness in the absence of the jury to establish the fact that Hauk was at that time under duress and threats. The jury was withdrawn under the charge of a bailiff and Mr. Davis was excused while the defense
started on a little side trial of its own before the court alone.
PHIL HAUK
The defendant was then sworn. He testified that he was arrested on Jan. 25 by Marshal Grimes, who took him to jail where Sheriff Davis, the turnkey, and J. M. Keeney, were found awaiting. Messers Davis and Keeney
told him that the people were in arms and angry. They told him to tell them a story about the alleged crime. Witness protested that he was not guilty of it, whereupon they told him that he had better acknowledge it anyhow, as if he did not that a mob
would come in and hang him. Cross examined by Whittington:— Was arrested in Crane & Anderson's office, they being his attorneys in a case. Keeney told him that he would
better say a certain doctor did this and
CRAWFORDSVILLE, INDIANA, FRIDAY, JUNE 10, 1896.-—TWELVE PAGES
that if he didn't so state that the court would send him to the pen for twenty years. Keeney cited a case of this kind as happening at Terre Haute and told him a mob was on his track. Harve and Al Taylor, he said, were out in the yard waiting to kill him.
Davis told him that he would better say just what Keeney
y
wanted him to
and between them they frightened him almost to death. They claimed to be his friends and said if he would incriminate a doctor they would see that he got off all right. There were present in the jail beside Davis and Keeney, the
defendant's father, turnkey Dickerson, and Marshal Grimes. Davis and Keeney told him that if he did not confess that they would let the people have him and tear him up. Witness told them, therefore, who he thought committed the crime. Davis said: "Phil, I know your father is my friend and that he voted for me and you know I want to help you all I can. The people are very much wrought up and
very mad and you had better say what Keeney wants you to or I can't be responsible for what happens."
R. M. HAUK,
Defendant's father, was then called. Keeney endeavored to induce witness to influence Phil to incriminate a doctor. There was a big crowd on the streets and much violent talk. Witness heard Wes Grubbs talk violently, also Jim Miller. Witness told Phil to tell the truth and that if there was anything wrong to confess it. Did not
hear Phil say anything to him except that he was innocent.
In rebuttal the State called SHERIFF DAVIS. Last saw Phil at the jail about 11 a. m. on Jan. 25. Howard Dickerson was also present. Witness at once pulled
down the curtain at the north door, shutting out all view from the street. The defendant's father was not there during the chief talk with Hauk. The only ones present were the defendant, the witness, J. M. Keeney and Dickerson. Witness talked to Hauk about the case and told him in reply to a
question, that the thing to do was to tell the truth. Nothing was said to him to effect that a mob would get him if he didn't incriminate some doc
tor. Did not hear Keeney speak of his getting twenty years in the pen Witness did not tell him that witness would not be responsible if he didn't confess. There were no evidences of a mob about the jail or any unusual excitement. Hauk was perfectly cool and collected and weighed his an-
swers. Did not advise him to state what Keeney asked him to. Witness made no threats. All Hauk told witness was voluntary.
Cross examination by Haywood:— Always pull down the curtain at the north entrance after an arrest. Hauk cried when he met his father.
J. M. KEENEY.
Knows Phil Hauk and father. Was at the jail Jan. 25 to see Hauk. Hauk asked to see him. Shook hands with him and Hauk seemed cool and collected. Talked with him in the presence of Sheriff Davis. Did not cite a
case at Terre Haute and did not advise him to tell that a doctor did it. Did not tell him that a mob was loose.
Hauk's father was not there during conversation and did not come unlil noon. Phil talked of the case but no threats were made and no talk of a mob was indulged in. Hauk did not seem to be in fear. All Bauk said was voluntary.
Cross examined:—Was with Hauk an hour and stayed at Phil's request. Told Hauk's father that Phil ought to tell the truth. Did not tell Phil that he was in danger. Witness asked Hauk to tell all he knew and if any one assisted him to tell it. Hauk asked
witness to ride to station with him. HOWARD DICKERSON, Turnkey at the jail. Hauk's father came about half an hour after the boy's arrest. Heard Keeney and Davis talk to Phil but did not hear any threats. Keeney and Davis told him
that if he would tell who did it that it would save him trouble.
Cross examination:—They told him that if he told the truth he would get off. Did not tell Clodfelter in Indianapolis that Keeney had told Hauk of the fictitious Terre Haute case.
Phil cried about half the time at the jail. In response to some hard questions from both sides suggestive of sharp practice the witness suddenly cried out: "There hasn't been anybody trying to plug me up on this
case. I'm telling the truth, I tell you!" The witness was then excused, the jury brought in and excused until afternoon and the arguments on the point of Hauk's intimidation were be-
gun. Soon after Mr. Haywood opened, however, the court adjourned for the noon session.
FRIDAY AFTERNOON.
Attorney Haywood continued
argument in relation to the admission of Hauk's confession in the Crawfordsville jail. Mr. Haywood read several authorities regarding the law as to threats and inducements. He then made a brief speech supporting his theory of the matter.
He was followed by Judge Thomas who said there were no threats made. The statements made by those present during the time were simply inducements. The statute of Indiana now allows remarks in the nature of inducement.
Attorney Clodfelter then made a
vstatement of the same line that had been pursued by his co-counsel. Judge Snyder then ruled upon the objection. He said "I feel pretty clear in my own mind about the proposition and I shall not take time to refer to the authorities. Mr. Clodfelter's own statements are directly in conflict. The judge then reviewed the evidence and overruled the objection and admitted the evidence.
SHERIFF DAVIS
When he first went into the jail he asked Hauk what the charge was. He said he was charged with having procured a criminal operation upon a young lady, Grace McClamrock. Hauk then told Davis that he had started to Danville on the Saturday before on the 18th of January but that Grace became sick at Covington and they did not go.
He confessed that he had been criminally intimate with Grace McClamrock. Afterward when Hauk was returned to the jail here, after the grand jury of Fountain county had refused to indict him, he, Davis, had several conversations with Hauk. Hauk said the confession made to coroner Barcus and Jere Keeney was true in the main that the confession was wrong in one word and that was where it said "I went to
Covington on the Saturday before the 18th of January to "contract" with Dr. Stout. I did not "contract" I "arranged" with him.
Mr. Davis testified that Hauk told him that when they reached Covington he, Hauk, went first followed by Grace to Dr. Stout's office and that when they reached Dr. Stout's office,
the doctor and Grace went into another room and when they came out both of them said to him that the operation had been performed. Witness did not think that the defendant was greatly excited while making his confession. On cross examination by Mr. Haywood, Hauk at one time told him
that the confession at Covington was not true. At other times he admitted the truth of the statement.
The cross examination was very rigid but Mr. Davis' testimony was not shaken. Sheriff Davis said be made no threats, nor did Keeney try to intimidate the defendant.
At this time Mr. Haywood asked for the coroner's report. None had ever been filed with the clerk. Mr. Haywood then wished to know if the cor-
oner was present. He was, whereupon Mr. Haywood, by permission of the court, examined the coroner and found that the report was in the possession of Mr. Whittington. The court asked Mr. Whittington to produce the report. Mr. Whittington said he would gladly do so and that he had never before been asked for the report.
JERE KEENEY.
Witness asked Hauk what he was arrested for when he saw him at the jail. Hauk replied that he was arrested for causing the death of Grace McClamrock. After a long time he said: "I will tell you this much. Grace
and I were at Covington, but I'll not tell you who did it." On the way to the station Hauk told witness he would tell him all about it when he got to Covington. All the time Hauk insisted that he was not guilty, Saw him next at the Covington jail on Jan 27.
At this point the jury was again taken from the room at the request of Attorney Haywood. The witness had
been asked to detail the confession made there to Dr. Barcus and witness in the Covington jail.
The jury having retired the defense begun its inquiry into the incidents in connection with the Covington confession.
PHILLIP HAUK.
Had a conversation with Jere Keeney in the Covington jail. Had the conversation in the corridor of the jail in the presence of his father. "Keeney
said there was much excitement in Montgomery county and that I would better tell that Dr. Stout did it. Then he went over the story about the young man in Terre Haute again. That there was likely to be a mob
down on me at any time, if I did not tell on Dr. Stout; that the boys in Crawfordsville were howling for a free ride to Covington; that John Ames
was going to kill me if I didn't tell on Stout; that there was a mob of 300 citizens lying near the house of my the father on Friday night before I was
PART FIRST
arrested in Montgomery county, and that if I had tried to get away I would have been killed." Witness said he thought Keeney was a liar and had been warned to disbelieve him. Said he was much frightened at what Keeney told him, so much so that he took two morphine tablets. Was very much frightened when he made the confession.
Cross examined by Mr. Whittington, who asked him when he was told not to believe anything Mr. Keeney said.
Witness said it was while he was being taken to Covington that after that he knew Keeney was no friend of his; that he knew him to be a liar. Mr. Whittington: "Yet you were greatly frightened at what he told you about mobs and the Terre Haute story?"
Hauk said that he was greatly frightened. Mr. Whittington followed up the advantage he had gained, plying the witness with hard questions until Hauk almost broke down. His eyes filled with tears and he nearly blubbered over. Witness said that after Keeney left the jail he took morphine and wasn't just sure what he did at the time he may his confession.
ANNA OCHELTREE
Said she was in jail in Covington on the 27th of January. Saw Keeney leave the jail. Gave Hauk two morphine tablets bigger than the head of a pin and saw him take them. Said
Hauk was crying for two weeks after he was arrested. Anna was incarcerated in the Covington jail for bigamy at that time.
Cross examination by Whittington. Anna said she took two morphine tablets without injuring her mind any. Said there was but one door between
the men's and women's cells at the Covington jail.
DENNIS MURPHY
Said Hauk was crying more or less for several days. Dennis was a resident of the county jail by request of the
State at the time of the confession. Dennis has a history of his own. He
must surely be crazy for at one time he wanted to marry a man in Covington. Dennis said there was a door between the cells and the room where Hauk was taken and that, he heard no conversation.
The cross examination disclosed the fact that witness was not certain that he remembered the day upon which the confession was made. In fact he did not seem certain of anything.
WILLIAM VANLEER
Said he thought the officer requested him to come and stay with him at the jail a short time after Hauk was incarcerated. Said Hauk was rattled at all times. Did not know about the morphine.
Was not cross examined.
At this point some difficulty arose over the appearance of Lon Brown, a witness for the defense. When Mr. Clodfelter called his name he did not appear and it was learned to the great amusement of the spectators, that he was in the "body" of the Crawfordsville jail. Judge Snyder sent a deputy to bring him. While the sheriff was
procuring Brown, the defense called Hauk's father to the stand.
MARION HAUK
Father of Philip Hauk. Was at the Covington jail when Keeney came. Communicated the threats to his son before Keeney arrived. Keeney told his son that there was talk of mobs,
that he had been up to see the proscutor and if he would tell the truth he, Philip, would get off more easily.
Cross examined by Whittington. Witness seemed much broken up on cross examination. Witness said he had Sheriff Davis telephone Keeney to come to the jail and go with him to Covington. Keeney saw him on the
train going to Covington. Witness told his son to tell the truth. Said the reason he did so he had been told that Philip would get off easily if he would make a statement and tell all.
ALONZO BROWN.
At this point Mr. Brown having been brought up from the "body" of the
jail, he was placed on the stand. Lives at Attica when at home. Was temporarily staying in the Covington jail at the time by request of the Sheriff of Fountain county. Heard Keeney tell Philip "if he did not tell all he knew
about Dr. Stout he would get twenty years." Witness said they were all in the same apartment at the jail and that he heard Keeney make the state-
ment. All the other witnesses, even Hauk himself testified that the conversation took place in an adjoining room and the door was closed. His evidence did not occupy with that of others.
Court then adjourned to meet at 9 o'clock.
SATURDAY.
When court convened in the morning the court room was well filled as usual, although there was an appreciable and
(Continued on sixth page.)