Evening Republican, Volume 15, Number 289, Rensselaer, Jasper County, 8 December 1911 — MANY WITNESSES TESTIFIED IN POOLE CASE THURSDAY. [ARTICLE]

MANY WITNESSES TESTIFIED IN POOLE CASE THURSDAY.

Among Them Was John Quigley, Son or Man. Poole Shot Yean Ago, Who Told of That Incident.

Dy. George F. Edenharter, superintendent of the Central hospital for the insane at Indianapolis, was the principal witness in the John W. Poole murder yesterday. Although he was placed on the witness stand by the state, bis testimony proved to be more favorable to the defense than the prosehution. His evidence showed that the authorities of the insane hospital considered Poole to be insane, for the records of his first commitment showed that from the hospital physician’s diagnosis of his case, Poole was suffering with “acute mania” and that on the second commitment, his case was diagnosed as “recurrent mania.” Dr. Ederharter was on the stand but a short time and although his appearance was a Surprise to the defense, the testimony he gave is probably the strongest evidence the defense has had in the insanity plea. ' Another witness who told an interesting story was John Quigley, the son of John M. Quigley, who was shot by Poole about fifteen years ago and who died about five years ago. The son described in detail how his father was shot by Poole in his presence and how Poole then made him get some money out of the pockets of the wouqded Anan and give it to him. The large number of spectators sat breathless as the witness told his story. A large number of other witneses for the state’s rebuttal were examined, but their evidence was of little Importance except to aid the state in its contenitanthatPoole is-- pt ’ smmdmind.

The trial now - gives Indications of lasting for ten days or more. Adam Ness, who lives near the Poole farm, was next called. He said that he had known Poole, for about twentythree, years and told of a conversation he had: with him in . 1908 about buying some hogs and straw. He stated that Poole then talked coherently and intelligently. “There isn’t as sound-minded a man in Benton county as John Poole,” the witness declared. “That is a reflection on Mr. Hall and myself,” Mr. Barce remarked. In cross examining the witness Mr. Barce asked him -if he didn’t have some, ill-feeling toward the defendant Mr. Ness said that he didn’t have any more than anyone else had and when pressed by the court for a definite reply, said that he was not bitter toward Poole. He admitted that he did not think much of the defendant and that once he remarked to Francis Moyer about seeing Poole with a gun, denying, however, that he ever said he feared Boole would shoot him. John Quigley, of Oxford, the son of John M. Quigley, whom Poole shot about fifteen years ago, was called to the witness stand and gave a clear account of the'Shooting affair. He sail that he had known Poole for about twenty-five years, and in 1886 or 1888 he had worked for him buying and picking chickens. At that time Quigley was a minor and Poole refused to pay him the; wages due fqr his work. “Some years later my father brought suit for the money,” the witness said, “and got judgment for $48.96. That was on January 23, 1897. On that day my father and I went to Fowler and cashed the check that Poole gave him in payment of the judgment rendered. We stopped at a relative’s house for lunch and saw Poole pass.

“After lunch we started on. When we reached a point in the road where it* crossed a bridge, Poole suddenly sprang out at us and ran toward the buggy with a revolver in his hand. “Nov/I’ve got you. Give me that money.’ Poole shouted. ’Don’t shoot,’ I said, ‘and you can have the money.* T want you anyhow, you old —,’ Poole cried. With that he-fired and shot my father through the cheek and he fell over against me. As Poole covered me with his gun, he said. *Now get me that money.* 1 got the money from my father and gave it toPoole, and he ran away. I took my father to a relative’s house, called a doctor and notified the sheriff.” The witness said that he bad seen Poole several times since the shoottng occurred. Quigley said that he regarded Poole as a person of sound mind and that be thought he was sane when he shot his father.. Mr. Barce when he shot his father. Mr. Barce cross-examined the witness briefly. Bert Everman, at one time superintendent of the Benton county poor farm, was the next witness to testify. He said that he worked with Poole several times and that the latter directed his farm. Mr. Everman said that he and Poole ware always friendly

andtiurt they. had a number of busithe witness said that Pooile rented and kept bis cattle on some of his pasture land and that he saw him nearly every day. He said that Poole was coherent in his speech and believed him to be of sound mind. On cross-examination Mr. Barce said: “Haven’t you tyken a great deal of Interest in this ease?’’ “No more than I had to,” Everman answered. The defense then offered as evidence a photograph taken in the corn field where Kemper’s body was found, the view showing Everman standing beside Emory Poole and the jury examined the picture. At this point, noon, adjournment was made. William Harkrider, of Swanington, was the first witness at the afternoon session. He had known Poole for the past 23 years, during which time he frequently saw him. He said that a number of times he bought hogs of the defendant paying him by checks. In November, 1909, the witness bought 21 hogs from Poole, giving him a check for 931&.50. The witness had the check and gave it to Mr, Hall, after identifying Poole’s endorsement. * Poole told Mr. Hardrlder"that he didn’t” like to put money in the bank as the Fowler bank had failed sometime before. In May, 1910, the witness said that he gave Poole another check for some hogs. He said that he also sold Poole some steers about five years ago, Poole giving him a check for the amount.

Poole once came to his home, the witness said, and told him of a good piece of land in Jasper county. The defendant told ;Mr. Harkrider, when land in Benton county was selling for $l6O an acre and over, that It would S2OO anacs6„-S<J®ae of he sold for $l5O to $175 per acre since. Poole told him that better care would have to be taken of Benton county land, that it should be planted with clover and the clover turned over to enrich the soil. On cross-examination Mr. Harkrider said that about four years ago he was in a store when Poole had an altercation with a man and “invited the man outside,” but the man refused to go. The witness said that Poole never told him that his neighbors were against him. He said that he had pur chased stock of Mrs. Poole about three weeks ago, giving her a check for the amount. The fitness was excused Judgp Charles W. Hanley, of the Jasper county circuit court, was placed on the witness stand. He said that John W. Poole had been brought before him twice, once for assault and battery, and again for assault aid battery with intention to commit a criminal assault. Judge Hanley said that Poole testified coherently injthe assault and battery case and said that he was undoubtedly of sound mind at that time. Mr. Barce asked him if he had changed his mind since that tine about Poole’s sanity, the state objected and was sustained. Judge Hanley said that one time he and Mr. Barce had talked but he would rather not say what he had remarked. Mr. Barce laughingly said that he would like to get the judge’s opinion now and Mr. Hall told him he could take him outside and find out Mr. Barce said he guessed he knew what Judge Hanley thought and excused him Mr. Hall then called H. G. Daniels, of Rensselaer, saying that he was breaking into the line of evidence, but that the witness' brother was very sick. Mr. Daniels said that he was a member of the jury that tried Poole 15f assault and’ battery in 1909 Tn the Jasper court, but didn’t remember whether or not Poole testified in the case, and was excused George Pfleeger, a neighbor of Poole’s, who owns a farm adjoining his, was next on the stand. He said that he had lived'near the defendant for ten years. He told of several conversations he had had with Poole on various subjects, mostly concerning farms and farm work. Poole once told the witness that a new high school at Swanlngton would enhance the value of land near It The witness saw Poole at his home on. the day he shot John Quigley. Poole waved to him as he passed, he said, but he did not stop. He said he did not like to stop. Mr. Pfleeger said that he considered Poole of sound mind.' Mr. Barce asked the witness if the prisoner appeared now as he always had and the witness said that be did. There was a red streak on Poole’s forehead which the witness said he had not noticed before. At 4 o’clock the court adjourned until 10 o’clock Friday morning. Have your piano tuned by Otto Brann. Leave your order with any of the band boys. ♦