Evening Republican, Volume 22, Number 71, Rensselaer, Jasper County, 26 March 1919 — HARTNETT IS SET FREE [ARTICLE]

HARTNETT IS SET FREE

ATTEMPT TO HOLD DEFENDANT ON MURDER CHARGE ,r ___ FAILS* The trial of Dan Hartnett, who had been charged with the murder of Earl Hughes, a Monon brakeman, and which was heard by Schuyler C. Irwin, Justice of the Peace, of this city, Tuesday, consumed the entire day and resulted in Hartnett being set free. We gave the evidence presented by the State until noon Tuesday in our Tuesday issue. The afternoon, was taken by the defense in pre- ! senting their evidence. One witness for the State was, placed upon the re-convening of court in the afternoon. This was R. E. Nelson, who conducts an automobile repair and auto accessory shop. Nelson swore that he and John Weinhardt had gone to the caboose of train No. 45 the day of Hughes’ accident and that they had found an iron bar covered with blood. The bar was placed in evidence. The purpose of the state was to show that in the pits of the bar there was sand and blood. For the defense, Mell Abbott, James Ennis and W. H. Beam, Monon agent here, testified that Hughes wps under the influence of liquor while in Rensselaer. On cross examination Attorney Sills for the State tried, unsuccessfully to get Mr. Beam to testify that he had orders from railroad officials to keep the Hughes matter as quiet as possible. Fred Ball was then called to the stand. Mr. Ball was the conductor in charge of the local frieght train No. 45 on October 24, 1919, the date of the disappearance of Hughes. Mr. Ball stated that he was 46 years of age; that he had worked for the Monon for more than twenty-one years, serving as freight and extra passenger conductor; that he had served on train No. 45 fort eight years, and that he had known Hughes for twelve years. Mr. Ball gave his story of the affair as follows: “On the night of October 24, 1918, while my train was in the siding at Roselawn, Hartnett came to me with a Switchmen’s Union card and asked that I permit him to ride as far as Monon with me. I gave my consent, and he immediately went to the caboose and fell to sleep and slept until we reached the siding at Pleasant Ridge permitting the Milk train to pass us there. While waiting for the Milk train, the rear end of our train was cut off and some of the crew went to McCoysburg to pick up some extra cars which we were to take to Monon. This was done at this time in order that when the Milk train passed we could go directly to Monon without being forced to stop.

I remained with the rear end of the train along with Harnett and Hughes. When the train returned from McCoysburg, I went to the head end to get the numbers of the cars we had just picked up. Upon returning I found Hughes and Hartnett quarreling. I learned from Hartnett that Hughes had awakened him and told ham that he was in Monon. Hartnett had gotten off of the train and upon finding out that he had not yet reached Monon started to get back on the train again when he was ordered by Hughes to stay off. Hughes had locked the door of the caboose in order to keep Hartnett out. The men were members of different railroad organizations and it was for this reason that Hughes did not want Hartnett on the train. The three of us then went to the caboose s and I unlocked the door and we all went inside. Hughes and Hartnett continued their quarreling while I was making out my report and checking my waybills. Hughes attempted to strike Hartnett with a chair and in so doing broke my lap-board and scattered nljp*papers all’ over the caboose. I then interfered and gave Hughes a slap, after which he went to the rear platform and got a tail light and threw it at me. That was the last seen of him, and I supposed he had gone over the top -to the head end of the train to take up his duties as head brakeman, for he said upon leaving: “I’m through with you.’ We arrived at Monon at 7:45 where I signed for my crew, saw the yardmaster and asked to be relieved from my run on the following day as I was not feeling well. However, I Was called to make my run the following morning, and that evening, October 25, I made a leaving: “I’m through with you.” statement in Hammond to Train-

master Lewis that I had not been angry with Hughes and had simply chastised him for his conduct—toward Hartnett.” !0n cross examination, Ball admitted that he had made a false statement when he signed an at Monon saying that his crew was present; also at Hammond when first interviewed by Officer Hayes and that he had not been carrying anyone the night of October 24 and that there had not been any trouble in the caboose. Ball charged his statement in these matters after being advised by Officer Hayes that Hartnett had made a statement saying he had ridden with Ball from Shelby to Roselawn on the night of October 24 and that at Pleasant Ridge Ball had had trouble with Hughes and had thrown him off the train/ Dan Hartnett, the principal witness in the case, was the next to be placed on the stand, and the Irishman proved to be an excellent witness and strengthened his own cause materially. . Hartnett stated that he was thir-ty-seven years of age; that he had worked as a call-boy; that he had been employed by the Monon as a switchman on three different occasions, and that his home was in Lafayette. He told of getting on the train at Shelby and of going to sleep before reaching Roselawn and sleeping" until awakened by Hughes at Pleasant Ridge. His story of the trouble that he and Ball had with Hughes from the train was untrue, conducter Ball. He further stated that he never made any attempt to strike Hughes and that . Detective Weinhardt’s statement saying that he 'had told him that Ball had thrown Huges from the train was untrue. According to Hartnett, the last seen of Hughes was when he left the caboose and went to the rear platform where he got a tail light and either threw or kicked it at Conducter Ball. He stated that Ball was not angry with Hughes, but tried in a fatherly way to get him to behave himself. He told of arriving in Monon and of meeting Weinhardt and of remaining in Monon until a midnight train when he left for Frankfort, and that for over a week followng the accident he visited his sister in Frankfort and his brother at Lafayette, before leaving for St. Louis to seek employment. On the cross examination Attorney Sills and Hartnett engaged in repartee that delighted the spectators, the Irishman holding his own against the verbal thrusts of the attorney. Attorney Sills failed in his attempts to make the defendant deviate from his former stories, and there was no one that believed Hartnett guilty of the crime with which he was charged. When asked how many times he had been arrested, Hartnett stated that he did not know, but that he had spent numerous Sunday in jail sobering up from Saturday night drunks. At this point he was dismissed from the stand. John Hayes, special agent for the Monon, was the last witness called and told of having called Ball out into the hallway during the Hammond hearing and of advising him to correct his false statements, cautioning him that Hartnett had already made a statement saying that he had ridden with him on the night of October 24. The case then went to the hands of Judge Irwin and Hartnett was speedily acquitted by him. ■ln rendering his decision, Judge Irwin stated that the evidence produced could not convince him that there had been foul play, and bhat th® was much less evidence introOTced showing that Hartnett had anything to do with it if there was foul play. The decision met with the approval of practically all disinterested parties. Whether or not this ends the investigation remains to be seen, but there are many who assert that the plaintiffs will continue in their efforts to show that Hughes was murdered. ‘ The attorneys for the plaintff were Kitt Sills, of Monticello, and J. A. Dunlap, of Rensselaer. W. H. Parkison was council for the plaintiff.