Indianapolis Journal, Indianapolis, Marion County, 7 October 1897 — Page 1

ESTABLISHED 1823.

Fair weather j.■■■:i;r:x ~ tv, —THE— y —THE—WHEN’S JU WHEN’S TEN DOLLAR i . : TEN DOLLAR FALL SUITS | rp’fl A ; TOP COATS Made of attractive Cheviots * | § § ! Top all Ten Dollar Overand Cassimeres, are the * T| || g * coat Offers. MOST VALUE, s fr 1 9 n ff * , MUST 4.TVI I-’ S JL \7 5 They’re snappy Box Coats, MOST STYLE, * w 5 of the pre vailing shades of MOST WEAR, 5 j Covert Cloth. That anybody’s $lO can MMM They’re just as dressy de- . . J _ , . ''•vs x Kvd sirable and distinguished buy any w here to-day looking as the ’way-up tailor (See them in the window.) gets $25.00 for. We make the Suits—we make the Overcoats—-know what’s in tu.-m — know they’re what we say they are—not what some middleman or jobber says THE WHEN Manufacturers

BIG -Y KOUTB |ss.oo| To Chicago and Return Account of Chicago Day Celebrations. Tickets will be sold for all trains of Friday and Saturday, Oct. a and 9, good to return until Oct. 10, inclusive. i^a.oo# To Chicago and Return October 16. Tickets will be sold for trains leaving Indianapolis 11:45 am., 8:50 p. m.. Saturday, Oct. l, and 12:80 a. m., Sunday, Oct. 17, and will be good to return on trains leaving Chicago up to and including 8:00 p. m train Sunday. Oct. l“. Cincinnati Trains C., H. & D. R’y. Leave Indianapolisi Arrive Cincinnati: " 8:40 a. m. “ 7:30 a. m. “ 8:00 a.m. " 11:90 a.m. ** *10:45 a. nw •* *2:25 p. in. • 2:45 p. m, ■ :00 p. m. - 4:45 p. m. H 7:40 p. m. ** 7:05 p.m. “ 10:50 p.m. DAYTON TRAINS, C . H. & D. P.Y. Leave Indianapolis: Arive Cay ten: “ : f r ° •” • “ 7:4# a. m. “ *10:45 a. n. *2:2* p. m. “ t:45 p. m. “ *:80 p. m. * 4:45 p. a. “ T:55 p. m. ** M :OS p. m. “ 11:00 p.m. TOLEOO AND DETROIT TRAINS, C., H. & D. RV. Leave Arrive Arrive Indianapolis: Toledo: Detroit: •10:45 a. m. *8.40 p. m. eiuo p. m. 7:05 p. m. 4:09 a. m. t:i6 a. m. •Except Sunday. Ticket Offices, Union Station and Me. 8 West Washington Street, corner Meridian. Tlie l J oivur MONON ROUTE 145 HOURS FOUR DAILY TRAINS Leave Indianapolis— 7:oo a. m., 11:60 a. m.. 8:U p. m., 12:55 night. Trains Arrive Indlanapolie—B:3o a. m., 7:45 a. Ci., 2:35 t>. rn.. 4:37 p. rn. Local sleeper in lndlanapjlls ready at 8:20 p. Bi. Ler vas Chicago, returnlrg. at 2:45 a. m. Can be tak n any lime after 9:30 p. m. Ticket offices. 2 West Washington street. Union Station and Massachusetts-! venue Depot. QEO. vV. HATLER D. P. A. Invalid Cliairs Os all kinds and accessories for the sick room. Trusses made and properly adjusted. Store open every Saturday night. WM. H. ARMSTRONG A CO., <New No. 127> 77 8. Illinois St., Indianapolis, Ind. WESTERN WATERWAYS. Address 1 Hon. R. S. Taylor at the Burlington Convention. DAVENPORT, la., Oct. 6.—The feature of the closing day’s session of the convention of the Association for the Improvement of Western Waterways was the address of R. 8. Taylor, of Fort Wayne, a member of the Mississippi River Commission. A paper was read by E. W. Boynton, of the Commission of Public Works, of Davenport, on the improvement of navigation over the Rock Island rapids by means of a dam, and resolutions were adopted favoring the construction of such a dam. Other resolutions urge the early completion of the Hennepin canal; liberal appropriations for the improvement of the Mississippi and Ohio rivers; the deepening and widening of the South pass. New Orleans; the survey and improvement of the Southwest pass; the ample protection of the alluvial valley of the lower Mississippi river from floods; the early completion of the levees between Burlington. la., and Hannibal. Mo.; the deepening of the harbor at Davenport; approving the present governmental system of dredging, the work of the Mississippi River Commission; the completion or a deep harbor at Galveston, Tex.; indorsing the method lately adopted by Congress of placing government work under contract system; indorsing the improvement of waterways from Galveston to Housion, and expressing appreciation of the liberal attitude of the Fifty-fourth Congress toward rivers and harbors. Addresses were delivered by Gen. T. J. Henderson, Princeton, 111.; William Fishback. Fort Smith, Ark., and John F. Dravo, Pittsburg. B. D. Wood, of New Orleans, was re-elect-ed chairman of the executive committee, and John W. Bryant, of New Orleans, secretary of the same. The contest for the next place of meeting was between Memphis and New Orleans, and resulted in favor of Memphis.

MRS. ATKINSON'S TRIAL Receipt* Alleged to Dave Been Forged !y the- Governor’* NVife. GLENVILLB, W. Va„ Oct. 6.-All harriers being removed, the trial of Mrs. Atkinson was resumed to-day. The preliminary proceedings were brief and a jury •was soon impaneled of the representative men of the county. The trial opened with the reading of the Indictment, which charges Mrs. Atkinson and Joshua P. Owens, a prominent farmer, with being jointly engaged in a felonious uttering of certain receipts alleged to be forged. Owens and Mrs. Atkinson are being tried together. The receipts involved in the transaction, something over $1,400. were tiled by the State as evidence. The State claims that these receipts were written and signed in Judge Camden's name by Mrs. Atkinson, thm Mrs. Camden, some years after Judge Camden's death. This last allegation is denied by the defense, although the fact that tm receipts are wholly in the handwriting of Mrs. Atkinson was to-day admitted by her attorney*. Camden Sommers, on whose evidence the indictment war brought, was the first witness examined by the State. He described ids discovery of the papers, and pointed out to the jury his reason for his belief that they were forged, loiters from Owen to Judge Camden were here introduced as evidence in tlie caus< for the pur pose of showing the nonpayment of the money for whicii the receipts are supposed to have been given. The cross-examination of tho witness was very ligid hut seemed to leave the statement* unshaken. Tlie defense. however, intimates Umt contradictory evidence will in due time be produced. Other Htute witness s followed Sommers with similar testimony.

THE INDIANAPOLIS JOURNAL.

WAGON WHEAT, 910 ACHE MILLING CO., Old 352 Went \\ ashing ton St. DO NOT FEAR PIRATES ♦ REVENUE CUTTERS NOT NEEDED TO PROTECT TREASURE SHIPS. * They Are Stationed at St. Michael’s to Prevent Lnxvlo**ne**—High Price* for Necessaries and Luxuries, PORT TOWNSEND, Wash., Oct. 6.—A private letter received from St. Michael’s via tho cutter Perry, from Dutch Harbor, explains the story published, some time ago about an Alaska treasure ship requiring protection by revenue cutters against the possibility of piratical attack. It is not to guard against pirates that the vessels are needed. Ever since the movement toward the Klondike began steamers from the seas have been dumping all sorts and conditions of men at St. Michael’s. The gathering has been getting worse from month to month and as a result the Rush and Corwin are now at St. Michael's ready to ’.and men at a moment’s notice and put a stop to any trouble which might, considering the fierceness of the miners, quickly spread into a riot. The marines will remain at St. Michael’s until all possibility of trouble is past. A letter from SL Michael’s dated Sept. 16 says: “The general impression is that the boats that leave here from this time on will not be able to get over one thousand miles up the river before they will be frozen in. All independent steamers will be compelled to carry coal, as the natives have cut up all the driftwood along the rivers for over one hundred miles and have sold it to the steamships owned by the two big companies. The new finds on Minook and Hunter creeks continue to cause excitement and there are now about six hundred miners on the ground. In St. Michael’s sugar is 25 cents per pound; shot shells „are 25 cents each; bacon 33 cents a pound, blanket trousers, $8; chocolate drops, 3 for 25 cents; 5-cent calico, 35 cents a yard; cotton bandanas, $1 each; flour, $8 a hundred weight; canned goods, 35 cents a pound; small boxes of sardines, 50 cents. Six men have probably lost their lives near hero as the result of a foolhardy attempt to sail up the 1,850 miles of river which in some places duns down at the rate of eight miles an hour. The men. two of whom were named Abercromie and Tate, were last seen drifting out of the mouth of the Yukon to sea in distress. Three men in a sail boat started up the river from here last week and have not been seen by anybody since Their names are Matthews, Roberts and Schultz. llelnrn of a Mining Export. TACOMA, Wash., Oct. 6.—Henry Bratnober. the celebrated mining expert for the Rothschilds of London, has reached Tacoma direct from Dawson City. He came over the Dalton trail and made nearly the whole trip alone. When within a hundred miles of Lynn canal he found the mail carrier who was lost, and they came the rest of the distance together. Mr. Bratnober left to-day for San Francisco, and refused to talk about his own business, but said that the amount of gold on the tributaries of the Yukon w’aa not exaggerated.

TROUBLE AMONG MASONS. Province of Quebec Invaded by the Grand Orient of Prance. MONTREAL, Oct. 6.—Several officers of the Grand Lodge of the Province of Quebec have been interviewed in regard to the formation here of a Masonic lodge under the Jurisdiction of the Grand Orient of France. Naturally all were very reticent, but they admitted that Grand Master Chambers, of Quebec, had learned on Monday that such an invasion of the territory had taken place, and it is understood that he will visit Montreal and convene a meeting of the Grand Lodge for Friday next to consider what steps are to be taken. Montreal contains a large old country French population, many of whom come chiefly into notice because of their announcing their agnostic beliefs in and out of season, and it is thought some of these were instrumental in forming the new lodge, as the Grand Orient rejects the Bible. They are reinforced by members of the Italian PopulationMembers of the craft under the jurisdiction of the grand lodges of all British America and Teutonic countries are forbiddt n to hold any intercourse with members of lodges under the Grand Orients of France. Spain and Italy, and of course they are forbidden admittance to any British or Canadian lodge. Edicts of nonintercourse were some years ago issued by his Royal Higness, the Prince of Wales, grand master of the Grand Lodge of England, and the grand masters of the grand lodges of Ireland. Scotland and the colonies. the United States and the European grand jurisdictions, which still retain the Bible as the foundation of Masonry. Some few years ago there was a slight friction between the Quebec lodges and those operating under the Grand Lodge of England, but it is probable that these will shortly throw in their lot with the Grand Lodge of Quebec'. LYNCHED BY A MOB. Girl's Betrayer Taken from 'Squire's Office, ltaugcd and Shot. HERNANDO, Miss., Oct. 6.—This morning about 10 o’clock when Henry Crower, colored, who had confessed to betraying Dovie Ferguson, the iifteen-vear-old daughter of John Ferguson, a farmer who lives near this place, was in the ofliee of Justice of the Peace Phillips awaiting preliminary trial, a mob of about seventy armed and unmasked men rode quietly into town, quickly secured the negro and rode rapidly '.way in an easterly direction toward the home of the Fergusons. At 2 o'clock this afternoon it was learned that Grower had been lynched. He was strung up and shot. His body is --till - winging from a tree. Tin .nob was o' 'Urly but determined and wu seemingly well organized. Grower was about twenty-eight years of age and wavery intelligent. He expected to be lynched and made no outcry when he was being taken from Hernando. The details of the case out of which the lynching grew are unlit for publication.

INDIANAPOLIS, THURSDAY MORNING, OCTOBER 7, 1897.

BOODLE COT TOO HOT - ♦ AND MR. HOLT LET GO OF THAT $5,000 TUESDAY AFTERNOON. Robinson** Affidavit* Show Mayor TuKKirt in the Vicinity When the Transaction Was Made. • ♦ SILENCE WAS STIPULATED BUT O’HE CONTRACTORS WOULD NOT HAVE ANY STRINGS TO IT. Interview* with All Those Concerned in the Scandal—No Action by the Board of Works. Down at the Grand Hotel, where so many peculiar transactions have been incubated and hatched since Thomas Taggart W’as elected mayor, Sterling R. Holt refunded the $5,000 he received from Fulmer & Seibert In the white-river interceptor case, according to statements made by Leander A. Fuimer and Royal S. Robinson, the latter in an affidavit which is published elsewhere. Mayor Taggart and Controller Johnson were cognizant of the transaction. The affair was conducted by Caleb S. Denny, of Mcßride & Denny, attorneys for the contractors, Mr. Denny acting at the direction and in the interest of his clients. Mr. Denny was given Mr. Holt’s check for the amount, tho latter not having $5,00(1 in cash in his pockets Tuesday afternoon when the transaction took place. He did not care to draw the money from bank at this time. Regarding what was said to him as of a confidential character Mr. Denny refuses to confirm or deny what his client says. He says most positively, however, that no suit will be brought to recoup the money. Mr. Denny was able to say this much without betraying any confidences. This is regarded as proof positive that the money was refunded, although it is denied by Mr. Holt. Briefly told, the story of the return of the money, as given by Messrs. Fulmer and Robinson, is that at noon Tuesday Messrs. Fulmer and Robinson were in the office of their attorneys, Mcßride Denny, conversing with Mr. Denny. They were insisting that he bring the suit for the recovery of tlie $5,000 at once. While they were talking Mr. Denny received a telephone message from Controller Johnson to be at the Grand Hotel at 1 o’clock. Mr. Denny went to the hotel, where he found Sterling R. Holt, Mayor Taggart and Controller Johnson. Upon his return he told them that Sterling R. Holt would return the money if they (Messrs. Fulmer and Robinson and George W. Seibert, the other member of the firm) would keep their mouths shut forever as to the transaction. Seibert was at Bluft'ton. His partner telegraphed him to come home at once, and agreed to enter into the agreement demanded pending his arrival. At 2 o’clock Mr. Denny returned to,the Grand Hotel and was given a check for the amount, Mr. Holt assuring him that it would be taken up at 4 o'clock. At that timq Controller Johnson brought the money to Mr. Denny and took up the cllfeck. When Mr. Seibert arrived from Bluft'ton a long conference was held, and ho insisted that he would not accept the money with any strings tied to it, as Mr. Holt had had himself interviewed by the News Tuesday afternoon after the check had been given. In the interview he asserted that he had never received any money for his influence in having the interceptor raised. This conclusion was communicated to Mr. Denny yesterday morning by his clients. He was instructed to return the money or accept it only upon the understanding that no agreement not to talk about the matter was binding upon the members of the tirm. The money was not accepted from Mr. Denny. He was told to keep it and was asked “not to be too hard on Mr. Holt.” Mr. Fulmer and Mr. Robinson give the history of the transaction set out above and Mr. Robinson has made an affidavit covering the facts. It is published elsew’here.

JOHNSON AND TAGGART. Controller Johnson was asked if it were true that he had taken up the check and had paid over the money to Mr. Denny. “I do not care to answer until I have seen the affidavit,” said he to a Journal reporter. Later in the afternoon the reporter returned to Mr. Johnson with a copy of the affidavit. After reading it Mr. Johnson would not deny that he took up the check, neither would he confirm the statement made by Messrs. Fulmer and Robinson. He said the affidavit was inaccurate in some respects, but did not specify in what respect. “My connection with the matter,” said he, “was of a confidential character. I was acting as a friend. 1 do not care to say anything about it.” But one inference can be drawn from this. If it w’eVe not true that he had taken up the check and had paid tlie money to Mr. Denny, it is claimed, he would have very promptly said so. Mr. Holt was his friend and if he could have denied the charge he would have been only too glad of the opportunity. Mayor Taggart says that he knew nothing about the money being returned. He w’as feund at his hotel yesterday afternoon. “It is said that you were at the hotel when Mr. Denny called.” said the reporter. “I am very frequently here.” “But it is said you w’ere present in the room when the check was given.” “That is not the case. I was with Mr. Holt w’hen Mr. Denny came. We shook hands and I retired. What took place at the interview I do not know.” Mr. Johnson is quoted as saying that he telephoned Mr. Holt and Mr. Denny to meet at the Grand Hotel, as he thought they “ought to get together.” When Mr. Denny arrived Mr. Johnson says he remained a moment or so and then retired. ALL THAT DENNY WOULD SAY. Mr. Denny was seen at his residence on North Pennsylvania street last night by a Journal reporter, who asked him if it were true, as his client says, that Mr. Johnson took up the check. Mr. Denny had courteously warned the reporter in advance that he reserved the privilege of refusing to answer questions. He declined to say that Mr. Johnson had or had not taken up the check. “1 have acted as an attorney in this matter,” said he, “and not otherwise. All that I said to the interested parties and those called into counsel by them was said in a confidential way, and all that I heard said was received in the same way. I must ask you, therefore, to excuse me from saying anything whatever about the matter.” There does not appear to be any reason why Mr. Denny could not have denied that Mr. Johnson took up the check and gave aim the money if Tie had not done so. HOLT DECLINES TO SAY MORE. Sterling It. Holt was quoted in the afternoon Taggart organ yesterday us flatly denying the transaction, as declaring Umt Robinson's affidavit was not true, did not agree to pay the Fuimer-Seibert

Company $5,300 if they would preserve silence, that he did not give any check, and that he did not exchange money for the check at 4 o’clock. He admitted that he saw Mr. Denny at the Grand at noon ,on Tuesday and that Messrs. Taggart and Johnson were present when Denny came, but declared that they retired when he came. He said his conference with Denny w’as .upon another affair. Mr. Holt was seen by a Journal reporter at the Grand shortly before C o'clock last evening and was asked what he had to say concerning the charges. ‘‘l do not care to say anything more about them,” he replied. “But you haven’t said anything about them to us, ’ was suggested. “What are those flowers, honey?” asked Mr. Holt, referring to a bouttoniere. “Apple blossoms.” “Why, where did you find apple blossoms at this time of year?” After some moments devoted to the discussion of apple blossoms Mr. Holt was brought back to the point by the suggestion that he still had not said anything of the charges. “I’ve said all I care to,” he replied. “Were you correctly quoted in the afternoon News?” was asked. “I have not seen w hat it Bays.” It was expiained that the denials there were largely in answer to questions as to whether he had done certain things at certain hours of the day and that several loopholes seemed apparent in the denials. He did not seem interested. "Well, are you good nowadays?” he asked. It was suggested that they look at the afternoon papers and say whether or not he was correctly quoted. “I haven’t time now r ,” he said. “I am having some brick work done and promised to be up there at half past 6. But I'll be back here right along after 8 and you can call me by telephone then.” “Sure I can get you then?” “Yes, unless something comes up that I don’t know about now.” Repeated efforts to get (Mr. Holt at the Grand during the rest of- the evening resulted in failure THE SMILE HAS DISAPPEARED. Mayor Taggart feels veA’ deeply the disgraceful situation into wliieh he has been plunged by the reprehensible conduct of his "wicked partner.” He would like it to appear that he hdd no cognizance of what was going on at his hotel, but the fact remains that he was there when Mr. Denny arrived. It hardly seems reasonable that it w’as an accident. Controller Johnson would hardly have taken the step he did toward getting Mr. Holt and Mr. Denny together without the knowledge of the mayor. There must have been a mutual understanding as *o the reason for the meeting. Os all the disagreeable scandals that have come to the front during the administration none has troubled the mayor like the present. He showed this by his demeanor yesterday afternoon. His smile was lacking, although he greeted every one courteously and his eyes looked as though they had been strangers to sleep. Men were saying yesterday that he would like to require Mr. Holt to resign from the Board of Park Commissioners but was afraid to take that step. If Holt were to call off Reach and other gold henchmen at this point the result would be most disastrous just now.

ROBIN’SON’S AFFIDAVIT. Charges Sworn to Before Notaries Public Yesterday. The affidavit made by Royal Robinson, vice president of the contracting company, yesterday, includes his affidavit made several days ago. It reads as follows: State of Indiana, Marion County, ss.: Royal Robinson, being sworn, deposes and says that he is the person of that name referred to in the Indianapolis News and in the Sun of Oct. 5, 1897, and the Indianapolis Journal and the Sentinel of Oct. ® 1897, as having made an affidavit that the r ulmer-Seibert Company had paid to Sterling R. Holt the sum of $5,000 for his services in procuring a change in the grade of the W hite river interceptor. The affiant further says he did make such nn affidavit, and a true copy of the same is as follows: State of Indian.i, MaiKou County, ss.: Royal Robinson, being first duly sworn, says that he is a resident of the city of Indianapolis, and has been for twenty-six years; that he is a director in the Ful-mer-Seibert Company, a corporation doing business as contractors in the city of Indianapolis; that he is the vice president and bookkeeper of said company. He says that said company received the contract for building the sewer in the city of Indianapolis known as the White river interceptor. He further says that said company proceeded to build said sewer according to the plans and specifications furnished them by the city civil engineer; that when they reached the intersection of the Michigan road and the canal it became almost impossible to proceed with the building of the sew-er according to the plans and specifications on account of the water collecting and standing in the sewer; that he is informed and believes that George W. Seibert, a member of the said company, called on the city engineer to get him to raise the bottom of the sewer tw’o feet, and said City Engineer Jeup informed him that it was a physical impossibility to do so and make a good sewer; that he is further informed and believes that George W. Seibert, a member of the company, as aforesaid, called on Sterling R. Holt to see if he could not help them out in the matter. HOLT, TAGGART AND SEIBERT. Affiant further says that he is informed by Mr. Seibert that Mr. Holt took Mr. Seibert to see Mr. Thomas Taggart, mayor of the city of Indianapolis, and had some conversation wich them about it; that Mr. Seibert told this affiant that both Mr. Taggart and Mr. Holt said to him that they w’ould see what they could do about it, and that Mr. Seibert would lose nothing. Affiant is further informed that Mr. Holt proposed to Mr. Seibert that if he would pay him (Holt) five thousand dollars ($5,000) that he could have the matter fixed for him in such a way that they would not lose so much money; that hereupon Mr. Seibert told this affiant and Mr. L. A. Fulmer, a member of said company, the conversation he had had with Mr. Holt and Mr. Taggart, and a consultation was hold over the matter. Affiant further says that said company, realizing that unless something was done they would be financially embarrassed, concluded that it was necessary for this company to pay said sum of money to Mr. Holt. It was agreed between this affiant, Mr. Seibert and Mr. Fulmer that Mr. Seibert should pay Mr. Holt said sum of five thousand dollars ($5,000), as aforesaid. Affiant further says that on the 30th day of September, 1896, he drew a check on the State Bank of Indiana, where the said company was doing Its banking business, and that this affiant gave said check to George W. Seibert, who. in company with this affiant, went to the State Bank of Indiana and said George W. Seibert drew’ out of said bank on said date the sum of five thousand dollar! ($5,000) in cash; that together this affiant and Mr. Seibert proceeded to the Union Trust building, in which building is the office of Sterling R. Holt, and that Mr. Seibert went up stairs to Mr. Holt’s office and this affiant returned to the company's office in the Baldwin block. HANDED OVER THE MONEY. Affiant further says that within a short time said George W. Seibert returned to the company’s offices and informed this affiant that he had paid over to said Holt the said sum of $5,000. Affiant further says that he is informed and believes that within a few days thereafter Mr. Holt, Mr. Seibert, City Engineer Jeup and City Attorney Curtis went to the Board of Public Works of said city, and that said Holt. Jeup and Curtis advised that the sewer be raised two feet f:*om the bottom and to be finished in that manner, as had been requested by City Engineer Jeup long before the mutter set forth in this affidavit took place. Affiant further says that within a few days after Sept. 30 the sewer was raised two feet from the bottom at a point close to where •he Michigan road and the canal intercept and was continued in that manner to the end of the sewer, under the direction of the city engineer and by the order of the Board of Public Works. Affiant further says that this sewer has been completed, according to the plans and specifications furnished by tlie city engineer in accordance with Hu m as far as can be, and the change made by the Board of Public Works, as above stated. That said sewer lias been completed for a period of three months, and that the city engineer has failed to accept said sewer, although often requested so to do, and keep i utting the matter off from time to time, without any ji.st cause whatever. Affiant further says that on the night of (Continued on Third Page.)

THAT BROKEN NOSE THE STRONG POINT BROUGHT OUT IN DEFENSE OF FERRITER. Slayer of Patrolman Ware Take* the Stuml at Martinsville and. Tells Hi* Story. A LIGHT SENTENCE EXPECTED JUDGE GRUBBS SAYS THE CASE WILL GO TO THE JURY TO-NIGHT. Member* of the “Boo" Gang: Testify, anil Another Witness Says Ware Used His Club on Ferriter. ♦ Special to the Indianapolis Journal. MARTINSVILLE, Ind., Oct. 6—John Ferriter, the “Boo” gang leader and slayer of Patrolman Ware, told his story late this afternoon and Prosecutor Wiltsie had taken him on cross-examination down the list of his numerous arrests before 6 o’clock stopped proceedings for tlie day. Reform School, workhouse, jail and prison was the pace this youth, not yet twenty-five, had followed. To-morrow morning the state will further put the screws to him. Judge Grubbs announced that the case must go to the jury by to-morrow night, and he will limit the argument accordingly. The testimony of to-day further confirms the impression in the courtroom that Ferriter will escape with nothing more severe than a prison sentence. It was late in the afternoon w’hen Ferriter w’as sent to the witness stand. His entrance in the drama had been well timed by Attorneys Griffiths and Potts. All the members of the “Boo” gang had told their stories earlier in the day and several new witnesses to show the alleged brutality of Officer Ware in making the arrest on that fatal evening, had been examined. It had been shown that Ferriter was knocked dow’n with a crack across the nose from Patrolman Ware’s club, rendering the y’oung tough dazed and desperate. Two Martinsville doctors had just testified that the blow w’hich broke Ferriter’s nose might have made him unaccountable for his actions for the time being. All this had been pumped into the jury to help create sympathy for Ferriter and that was I’erriter's cue. His examination was rapid and he went over most of his life. All his life he has made his home in Ind -napolis. It was shown that the last time he tried the scales he weighed 125 pounds. His height is five feet and three inches. He left his home at No. 56 Cook street about 3 o’clock the afternoon of the tragedy. At Liberty and Washington streets he met Niland and Callahan walking down the Union tracks. They met the Keefe boys and all of them went to the rear of the brewery office. One had gone to Champion’s saloon for the first pail of beer. “Niland and I scuffled for awhile, knocking off each other’s hats.” said he. “Niland hit me a slight blow with the back of his hand I chased him a short distance and when he returned there w r as no difficulty and he began talking and nothing more was said of the blow. I took the can and went up to Oakey’s saloon, then returned to where I left the boys. FERRITERS OWN STORY. “I started to go up the cross alley to find the boys and saw Mr. Ware and he said: ’lt's funny you fellows can’t drink your beer without raising so much trouble.’ “I said, ‘There's been no trouble.’ “ ‘What have you got there?’ said he, nodd' >5 his head toward the bucket. “I said ’beer.’ “ ‘Give me that beer,’ said he, making a reach for it. “1 turned it away, saying: ‘I just paid for it.’ “He tried to get the beer, and I held it further away. He pulled me towards him with a jerk and I and the beer went around together. It spilled on both of us. He said nothing about searching me. He was very angry and knocked me down with his fist. He lifted me by the coat lapels and then dragged me along. A little piece away he knocked me down again. After pulling and shoving me along he knocked me down a third time. I wasn't doing a thing to him and I never struck him at all, nor did I try to. I was pulling away from him at the brewery office steps. He told me to sit down. I didn’t quite understand him and he hit me across the nose with his club. That knocked me down and stunned me and the blood was rushing from my nose. I have a confused recollection that as he struck me the last time he said, ‘I will give it to you again.’ He made a threatening motion and I thought he was going to strike me again. Then the shot was fired. “I found myself running after the shot was fired and I have no recollection of firing a second shot. I ran towards Benton street and I saw’ no one. When I was arrested a pair of nippers was put on my hands. I was leaning up against a fence when 1, heard a voice: ‘Throw’ up your hands or I’ll shoot.’ “I said: ‘I am not going to shoot; I am not able to.’ “Tlie officer did not strike me and I made no threat, nor drew a weapon on him. I was taken to a livery stable and from there to the police station, w’here my injuries were attended to. My nose* was broken, my right eye swollen and I was suffering great pain.” The examination in chief was brief. In twenty minutes the witness was turned over to the state. Ferriter told Prosecutor Wiltsie that he was sent to the Reform School when he was seven years old. He was returned to the institute because he did not write. He escaped after that and was recaptured, but didn’t remember that it was Thomas Kingsbury who caught him. “Didn't you resist him on that occasion?” asked Mr. Wiltsie. An objection was entered to this, and after a few minutes the court permitted the question, the defense taking an exception.

CHILD OF THIS JAGO. Mr. Wiltsie argued that under rulings the state would have a right to show that this defendant had resisted when a child the very first officer who arrested him and had resisted every time since then when an arrest was attempted. •‘I did not resist him,” replied Ferriter. "Altogether I was in the Reform School five years. The first time I was released on good behavior and finally released in 1887. I went to work at the Atlas tngine works for two months at core-making and then in the riveting room for nearly two years. I quit to take a better job at Armstrong Brothers’ boiler shop, where I worked a year, returning to the Atlas engine works and remained there a year. I went to Lima, 0., and worked several months. I came back to Indianapolis in 1891. Part of P.o or 1891 I was in the workhouse at Indianapolis. Kinney and Me Peak were there then. In 1891 1 was again employed by AnnStrong Brothers. 1 worked on the viaduct, heating rivets, and after that I was out of

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w’ork. in the latter part of 1891. I was in the Marion county Jail and from there went to the Prison North, where I served over three years, being released in October, 1890. I came back to Indianapolis and worked in Eldridge's lumber yard for two months. I was thrown out of employment by lack of business in the yard, in the spring of 1896 I worked in a bicycle plant. In February of that year 1 was in the workhouse. In June and July I was also there, having been out but a short time. 1 was sent back in September, but I don't think it was for resisting an officer. It might have been. 1 was there till the latter part of November. 1 was returned for another ninety-day term on Dec. 24. I believe l was indicted in 1890. There may be an indictmt nt in Marion county for sodomy against me, but I was never tried on it. “In 1891 1 was in jail on a burglary charge In September, 1890, 1 was in jail for pettlt larceny.” . Mr. Wiltsie asked the witness if he had not hit Kingsbury with a rock when that officer tried to arrest him, and had he not hit a policeman with a keg in IS9O. to both questions he replied in the negative. He claimed he had not resisted Officer Asche in 1892 when that officer was compelled to knock him down, nor had he attempted to use a knife on Patrolman Slate in 1896. latrolman Wheeler arrested the defendant .n September of the same year. He denied resisting in this case, as well as another case, when Patrolman Shafer caught him. He denied that he had tried to use a revolver on Shafer. In the same year he was charged with drawing a revolver on a bartender in Mann’s “barrel house.” He insisted he naa not resisted officers on this occasion. “Did you not see Patrolman \V are the time a colored boy was killed on Irish hill. “No, sir; 1 was in jail then.” Taking the witness up to the time of tne murder, Mr. Wiltsie questioned him about the incidents. Ferriter had not seen ley nor Sullivan, lie was sure he didn t throw a brick at Niland, nor did he see a bat of any kind thrown. He was not angry. With Ferriter still under cross-examina-tion, the court adjourned for the night. A few minutes before adjournment Juror Siuirwalt was taken slightly ill. Mr. Upton, formerly of Lptonville, Ky., a Kentuckian with the rich, rare flavor of his native soil about him. was the star witness for the defense this afternoon. Although an lndianapolitan but two years, with a Kentuckian’s predilection for holding office, he soon became an empioye or the city, having served sixteen months and is now’ an attache of Street Foreman Herpick's great auxiliary to the Taggart campaign. Mr. Upton, years ago, was a Kentucky postmaster, but he evidently did not reach his exalted station through the medium of the civil service since, as he confessed, his appointment was made by the “Governor in Washington.” However, though somewhat defective as to education, as well as memory of past events, Mr. Upton was all right in his recollection of what he saw the night of the Ware nuirder. He saw Policeman Ware brutally beat Ferriter and break the young man's nose with his mace. He was a most valuable witness for the defense. According to his story there was no provocation for the beating administered by the officer, no blows being struck by Ferriter. The spilling of the beer was an accident, to the best of his observation, and this accident was caused by the effort of the officer to reach after the beer bucket. The beating with the mace, which broke Ferriter’s nose, was given while the policeman had the voung rough at the brewery office steps. The severe cross-examination by Mr. Wiltsie did not break down the witness, who, from the looks on the jurymen’s faces, seemed to have their sympathy. He drawled out his story in a quaint way, till after awhile, when the state’s attorney grew fierce, tho witness's hands began to quiver and a flush came to his face. His story was little shaken by the severe strain to which it was put.

“BOO” GANG WITNESSES. No One’s Blood Ran Cold When the Terrors Appeared. Special to the Indianapolis Journal. MARTINSVILLE, Ind., Oct. 6.—The chief Interest of the morning session of the trial centered in the appearance as witnesses of members of the notorious "Boo” gang. No involuntary shudder passed through the audience nor did mothers clasp their innocent little children to their breasts in terror as these men In succession followed each other on the stand. In open court they appeared as harmless as lambs, although their faces might not be taken for the type found at North Side pink teas. It was shown that several of them are now or have been railroad brakemen. Joseph Keefe is a wiry young man with much of the new brakeman's swagger about him, while his features wear an amiable expression. He is not credited with being an unpleasant character, has no police record and is spoken of as a capable man by his employers. His brother “Boney” is not so prepossessing, though there are few earmarks of the vicious man about him. Dan Kinney looks the type of brakeman. Ferriter, however, cannot have as much said for him. He would be looked on with suspicion anywhere. It is the belief among- some of the people attending the trial that the police have credited to the "Boo” gang many of the honors w hich Ferriter alone should bear. A. M. Bain's statement for the defense at the opening session of the trial in the morning followed the outline presented in the Journal. His exposition of the law as it pertains to the theories of premeditation, malice and self-defense was checked by the court on one occasion, the young attorney devoting too much attention to argument instead of contining himself to a mere statement of facts. He insisted that, in the first place, Ware had no right to arrest Ferriter. His version of the conversation between the policeman and Ferriter just prior to the scrimmage between the two differed materially from that offered by the prosecution. He said the state would prove that when Ferriter approached with the can of beer the policeman asked, “What have you got there?” and not, "What have you got on you?” The defense lays stress on this point that the patrolman's inquiry was directed to the contents of the can and not to any weapon the young man might have concealed. Ferriter replied, according to the defense, “It’s my beer; 1 paid tor it.” According to the same source the beer was spilled on the policeman accidentally as Ferriter was drawing it back from the policeman, who was making an effort to seize the can. Mr. Bain also promised to show to the jury the brutal treatment the prisoner had received at the hands of tire officer. The other points made have bee* detailed in the Journal. The statement was not a very strong one. first of the gang. One of Ferriter’s companions the night of the murder, Joseph Keefe, was the iirst witness for the defense. Mr. Keefe approached the stand with some diffidence. He is a Big Four brakeman living at No. 43 Harrison street. At one time he was employed for three or four months at ship building in Newport News, Va., and at another time was engaged in tobacco stripping at Muncie. Ferriter he has known nearly all his life. In the alley, where the orgy was on before the murder of Ware, were the two Keefe boys, Ferriter, Callahan, Kinney and Joseph Niland. The boys had emptied one can of beer before the Ferriter-Niland “scrap.” While Ferriter and Niland were sparring, the iatter accidentally struck the former a sharp blow' on the mouth. Ferriter chased Niland a short distance. A minute or two utter Niiand’s return, Ferriter went atter more beer. When Ware came up, he asked the members of the gang what they were doing. He announced that they would have to disperse. Keefe asked Ware if he had been sent for, ano he replied in the affirmative. The witness, his brother and Kinney went south and Callahan and Niland turned Into Georgia street. The witness saw Ware jerk Ferriter, when that young man returned with the beer. The beer was spilled on both the officer and Ferriter, as the officer pulled the man towa him. The officer immediately struck Ferriter, although Ferriter was making no demonstration against the policeman, according to the witness. Ferriter fell to the ground. The witness and his brother started away, going south to Bates alley, and from thence east to Noble street. On cross examination the witness said his brother Frank's nickname was “lioney." He told Mr. Wiltsle that he had known Ferriter "ever since I’ve been old enough to run around.” The prosecutoi drew from him the admission that there were lapses of several years in Which he had not seen the defendant. Mr. Wilsie had no opportunity. under the rules, to show by the witness that Ferriter had been in the penitentiary. Th< prosecutor wished to show the discrepancy between Keefe’s testimony before the grand jury and that on the stand and Mr. Griffiths objected to the introduction of the grand Jury notes, as Mr. Wiltsle (Continued on Fourth Puge.)

BIG FIRE AT DETROIT OPER A HOUSE AND OTHER STUICTIRES BURNED THIS MORNING. * Part of Chicago Stock Yards Dbt’lcl Swept by Fire. One Life Lost and Several People I!ur(. ♦ ■ ■■ - DISASTFR IN SOUTH DAKOTA ♦ GIRLS’ DORMITORY AND A WOMAN AND SIX GIRLS BURNED. (llinol* Town Partly Destroyed nnd Three Canadian Villages \\ I port Out —‘Fire In Indianu—The Drought. DETROIT, Mich.. Oct. 7, 2 o’clock a. m.— A destructive fire is raging in the business district of the city. It started in the rear of the Detroit Opera House or in C. 11. Michael’s warehouse, which closely adjoins it on the rear. The flames burst out at 12:40 a. m., enveloping all the rear part of the big building. At the same moment there were several loud explosions, BUpposably from Inflammable goods stored In the ware, house. Within fifteen minutes the entire interior of the opera house was a roaring furnace of flame and the building at 1:15 o’clock was practically destroyed. While the fire apparatus was preparing to throw water the flames spread to the upper stories of a ten-story building facing on Gratoit avenue, occupied by the H. Leonard furniture establishment and Marvin’s music house. In less than a half hour the ten-story building was enveloped in flames and It will be a totai loss. The opera house faced a small •triangular park opposite the City Hall. Flames have communicated in places to the row of buildings along the east side of Woodward avenue between the theater and Gratiot avenue. The firemen are endeavoring to save ail these, and the wind, fortunately, Is In the opposite direction. By 1:45 great flames were belching from the roof and front of the four-story building occupied by the C. H. Mlehell Table Supply Company, which adjoined the opera house on the east, at the corner of Monroe avenue and the Campus Martlus. While some firemen were ascending a ladder at the front of the Miehell building, two of them fell and were seriously injured. At 2 o’clock nothing remained of the Leonard building, on Gratoit avenue, but the steel framework and portions of the walls. The \Vright, Kay & Company establishment, which contains the most valuable stock of Jewelry in the State, seems likely to be saved. A building uceupied by the C. W. Marvin Music Company, at Gratoit avenue and Farmer street, east of the Leonard building, is in imminent danger, and the fate of a dozen other buildings was problematical at 2 o’clock. It was learned later that the blaze originated on the stage of the opera house. Simultaneously with the breaking out of the fire there were several loud explosions, presumably the bursting of stage lighting apparatus. The flames quickly enveloped the rear of the theater and made a furnace of the interior. The opera house, with all its contents, including the handsome scenery, costumes and equipments of the Julia Arthur Company, were destroyed in short order. The rear of the ten-story building occupied by the H. Leonard Furniture Company caught lire and nothing of the structure or contents remain but the steel frame. The four-story building of the Michael Table Supply Company, east of the theater, was gutted and partially destroyed and several other buildings were slightly damaged. At 2:30 the fire had been confined practically to the above buildings. The losses have not yet been approximated, but it is believed they will reach the vicinity of $250,000. All the new scenery and costumes of the Julia Arthur company, which was playing the first week’s production of “A Lady of Quality,” was destroyed. Manager of the company, says its loss is $20.0u0. insured for half that amount, and that the stage settings will be difficult to reproduce. Several buildings in the vicinity and some several blocks distant caught fire repeatedly, but without serious results In most cases.

BLAZE AT STOCK YARDS. Many Building* Damaged and Two Live* Po**tlly Lost. CHICAGO, Oct. 6.—Fanned by a strong wind from the west, a tire which broke out in the Dexter Park pavilion at the Uniftn Stock Yards this afternoon, spread to the district between Halsted street and Union avenue and Forty-third and Forty-fifth streets, destroying business houses and residences. The worst sufferers among the residents were those living along Halsted street between Forty-third and Forty-fourth streets. Business houses and residences alike, all of them frame structures, furnished read! material for the flames, which raged from H o'clock until 5 and then yielded to the vigorous work of the fire department. The total damage to the Dexter Park pavilion Is estimated at more than SSO,OiW, but It may exceed that sum, as the exact number of horses burned in the fire is not known and a calculation of the amount of feed stored in the pavilion is also yet to be made. A number of persons were injured during the fight with the flames and one man. according to an employe of the stock yards, was burned to death. The injured are: PATRICK CASEY, employe of stock yards; not serious. MAURICE MALONEY, fireman, overcome by smoke and heat; will recover. P. F. SHEARN, broken leg. HENRY WALSH, employe of stock yards, slightly burned. WILLIAM DONAHUE, fireman, injured by •falling timber; will recover. The Dexter Park pavilion stands only a few yards southwest of the main horse market. which is an imranse frame affair cov-. ered by a huge dome. For the latter building to have caught tiro would have meant the destruction of the greater portion of th# stock yards. The pavilion contained about five hundred horses, and it was with tha