Indiana State Sentinel, Indianapolis, Marion County, 25 October 1893 — Page 6

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THE INDIANA STATE SENTINEL: WEDNESDAY MORNING, OCTOBER 25, 1893-TAVELYE PAGES.

THE BROWtf-WESNER CASE.

TUB DAXVILLK TRAGEDY RETOLD BY THE DEFENDANT, ' Proceed Inea of the Lebanon Marder Trial Thw Defendant, Colle Droirn, Teil the Starr of the Killing from Ills Own Standpoint II Mak.es m. Good Impression The . White , Cap Trial at Columbus.

LEBANOX, Oct. 18. Special. This momlng promptly, at 10 o'clock, when the sixty-first Juror had been examined In the k-'rown-Wesner case, the prosecution pawed the Jury. , John S. Duncan, Brown's attorney, looked inquiringly at his clleiit, who raid, "I am satisfied to be tried by that Jury,?,' in. a low tone. The Jurors were then sworn and . their names are as follows: David. Custer, James Profflt, James H. Benefield. W. A. - Jones, William II. Butner. Henry tobb, J. M. Dye, Ben Ilur, Samuel Wiley, James Nicely, Thomas Shaw and James II. Jones. The Jurors came from the extremities jof the county, are' all farmers and areremarkable for the fact that all except one are In the forties and about . the age of the defendant, Brown. . The State's Case. Upon the Jury being sworn, Mr. T. J. Cofer of Danville made the opening statement for the prosecution. In which he said that they would prove that the murder waa premeditated and that it was murder in the first degree and that the shooting was without provocation; that two shots were fired, that Brown called Weener a coward, that Wesner eaid, "Brown, you know I am no coward; I know you have a gun, but you iknow I am no coward;" that Brown fired; that when Wesner waa dying he asked those present to remember him to his family, to . his wife and children and especially to one of bis little grandchildren, and he said to Mr. Ralston, 'Sam, I want you to tell them that I say God bless little Ruth, as I am dying.' " The defense reserved its statement until close of state's teetimony. The First Witness. The first witness examined after the conclusion of Mr. Cofers statement was Dr. M. G. Parker of Danville: "Was called to the court house, and when I got In Mr. Wesner said, "There is Dr. Parker,' and he said, 'I am dying, doctor.' I felt his pulse and told him I was afraid he was; was there when he died; examined the body. One bullet went In about an inch to the right of the lower part of the breastbone, ranged downward and waa stopped by the skin in the. back about five inches below the point that it entered in front, having passed entirely . through the body. Another bullet had struck near the wrist of the left hand and came out' at the elbow; think he died from Internal hemorrhage." Court Room Measurement. The next witness was George C. Harvey of Danville. A photograph waa produced of the court-room at Danville and identified by the witness. The witness had measured pretty nearly everything In the court house and its distance from everything else and he gave the measurements: "When the court dismissed the Jury ! saw Mr. Wesner come down by the table. He had a handkerchief in his hand and I saw him wiping the perspiration from his face. I went to the table that Wesner had occupied in the trial and Mr. Wesner came up. I was on the east side of the table and he was on the south. Mr. Brown came up and said to Wesner: 'My reputation at Lebanon is as good as yours and you would not talk about me as you have done except in the court house, and you are a d d coward.' Wesner said: 'Coley Brown, you know I am no coward; you d d skunk. I know you have a pistol: pull it and use it." Mr. Brown Jerked the pistol out of his pocket. Mr. Wesner made a lunge at Brown and Brown fired, and Wesner, I thought, was going to fall. I reached to catch him and Wesner said: He's got me, d n him. and I will kill him and somewhere in there Mr. Wesr.er drew his knife. The scabbard fell on the floor. He raised his knife in the air and it looked as if he was trying to trike Mr. Brown with it. Mr. Brown went down right south of the clerk's table and Mr. Ralston or someone else said: 'Put up -that knife.' Mr. Ralston rushed out and got Mr. Wesner by the right hand and gave his hand a twist In such a shape that the knife fell out of his hand and went over Into the corner, a distance of eight or nine feet. I had Mr. Weener by the left arm and Ralston had him by the right, and I said: 'Sam, are you hurt?' . He said: 'I am shot through and through.' Then Wesner was put upon a chair; his head Cropped on his breast I put my hand to his forehead and it was covered with cold sweat. Then Dr. White came, and Judge Hadley came up from the side. Mr. Brown had his revolver yet in his hand and the Judge told him to give the revolver to the sheriff. Brown handed his revolver to tho sheriff, and Wesner said: Take that man out of here.' The sheriff took Brown out of tho side door tn a few minutes, aJ there was a good deal of feeling in the court house and a good many threats were being made." Wesner. Wanted 'Revenge. 'Dr. White told Wesner he was going to die. and Wesner said that the only thing that he wanted was he would like to live and get revenge, but he was not afraid to die. Right at that point he asked them to take off his boots; that he didn't want to die with his boots on. and John Towlss took off his boots. Then they placed him upon a mattress upon two tables. I was standing close by. I had a lemon, but Dr. White told me that it was too late for lemons. I went up to 6am. He had hold of Dr. Harland's hand. He took me by the hand and he said: 'George, you saw all this. He came over here and shot me down like a dog without giving me any show, and I want you to track him to hell He said that he did not draw the knife until after he was shot. He died in about forty minutes after he was shot." . On cross-examination, this witness was a9ked if Wesner did not request him to hound Brown to hell and if he had not stated that he meant to do it. The witness replied at first that he did not. but finally said that he did not remember that he had so stated. The Student's Story. The next witness was Fred Moore of Everton. He testified that he was a student at the normal school at Denvllle at the time of this occurrence: "Went Into the court houte and heard about seven minutes of Mr. Wesner's speech; saw Brown talking with a big man; he appeared to be angry. I saw Brown go toward Wesner and say something, and Mr. Wesner said, 'draw your gun;' he said that twice. I did not see Mr. Wesner draw his knife, but he rushed toward Brown when Brown fired and I saw a knife Just about the same time as he went down on Brown to the north of the Judge's box. Mr. Ralston grabbed Wesner and I saw the knife fall. I ran and 1 got out into the court yard and then I turned and came back, and Mr. Wesner was on the chair and Brown was standing In the center of the bar. .Brown's attorney sent me word to come to his o&ce at one time; that he wanted to see

nie, but I didn't go. He came to my boarding house once to see me, but I slipped out 6f the side door and avoided him to avoid telling what I knew about the trouble, and also avoided the state's attorney." : Jfot -with Ills Doots On. The next witness was John M. Towies. lie testified: "1 was passing along the street by the court house on the 20th of May, when I heard two f-hots very close together up In the court room; when I got up there they were Just putting Wesner in the chair and he asked me to pull his boots off, and we did so; I think he said he didn't want to die with his boots . on. He said to Harvey: 'You seen all this. Hound him to hell.' Wesner was an intimate friend of mine." The Jury Isolated. The court room is not only crowded but the stains-ays at noon today were packed, and it was impossible to even get near the door, so great is the Interest of the people in this case. .This morning in instructing the Jury. Judge Stevenson said that he had decided to keep the Jury to itself under the charge Of the sheriff during the trial. The Judge said in Instructing the Jury: "There is perhaps a good deal of interest in this community in reference to this case. It will be talked about on the streets, doubtless, a great deal and in the court room and in other places. The parties were prominent and lived here and it is natural for the people to take a great interest in the outcome of this trial and irt its progress; and it Is for this reason that It becomes of higheat Importance that you should not hear any conversation in referenoe to it. It might not influence you in any way, but then you cannot tell, and It is the policy of the law that Jurors, If they are honest and upright shall keep themselves free from hearing any conversation with reference to the issues in an Important trial like this." . . An Interested Spectator. Mrs. Brown, a handsome, tastily attired lady, together with Mr. Brown's three children, is present and at his side. The ordeal of this trial Is a trying one for the little woman and tears start to her, eyes at times but are repressed. Over with the prosecution is Mrs. Wesner, her son, the son-in-law of Wesner, Dr. Frank Van Nuys and his wife, Wesner's daughter, together with little baby Ruth, of whom Wesner spoke in his last moment, "God bless little Ruth." The prosecution will probably close Its evidence tomorrow. The defense has not announced what it will maintain, but it will be self-defense probably. One of the attorneys for the defense said to a reporter of The Sentinel today that all they asked was a suspension of Judgment until they have presented their side of the case. ' LEBANON. Oct. 19. Special. The Brown-Wesner trial commenced this morning with the court room packed. A great many ladies are in attendance and they took possession of nearly all the space inside of the railing. There is a difference of statement as to where Judge Hadley was at' the t'rae of the homicide. One- witness places him in the judge's box, another in the little room back of the Judge's desk, another Just leaving the Judge's box and others leaving the court room. The Judge will be present in the morning to testify. The first jritness this morning was Thomas McAnlnch of Hendricks county, a Juror in the case on trial on the day .of the homicide. "I passed Brown, who was talking to Ralston, and heard him say: 'He is a liar.' Brown had his hands behind him and under his coat, also that Brown looked pale. As I went to the south door I noticed Brown walking across to the south side with his right hand in his front pocket. When he got within five feet of Wesner he stopped." From this time on witness corroborated Harvey, the witness of yesterday. The next witness was E. C. Wills, coroner of Hendricks county, who came in at the front door and through the largi crowd that had assembled. Mr. -Wilis was dressed in blue and wore a grand army badge and carried a large satchel, nearly large enough to bring a load of corn to town in. The crowd parted and Mr. Wills took the witness chair, setting the satchel down in front of him. Upon examination he said that the satchel contained the clothes of the dead lawyer and the weapons which he had taken possession of in the court room. Upon being requested to do so, the witness unlocked the satchel with the key hanging to the side of it and produced a long black coat; pants, vest and underclothing, which he said were taken off of the dead lawyer. In the sleeve of the coat near the wrist was a bullet hole. The bullet that struck Wesner in the breast had not penetrated the coat, but passed through the vest. The revolver was produced and proved to be a No. 32 Smith & Wesson. The witness stated that the revolver was exactly in the same condition as it was when taken from Mr. Brown. That he had not removed the cartridges. Mr. Adams, attorney for the prosecution, suggested that it would be better to remove the cartridges. The coroner said that he didn't know how to take the cartridges out and he flourished the revolver around and some of the Jury looked like they wanted to run out of the house. The coroner handed the revolver to the prosecutor, Mr. Dutch, and Mr. Dutch got scared ind handed it over to John 8. Duncan, th well-known attorney of Indianapolis, who" said he thought he could manage It, and Mr. Duncan took it over by the window where he had plenty of light, but for some reason or other Mr. Duncan had lost the combination. Finally a hardware man of the city of Lebanon came to the rescue and the pistol was unloaded, there being in it two loaded cartridges and two shells. One chamber contained nothing. The coroner then dived down into his satchel again and produced a leather scabbard and drew from the scabbard a long dirk knife, the blade of which was seven Inches long by actual measurement and an Inch and one-eighth wide, the whole knife was eleven inches long, the handle being of bone. It was an ugly-looking knife and one farmer said tjiat he thought: the knife would be dangerous if it would fall on a man's foot. After the coroner was through testifying the . attorney said they would like for him to leave the clothing and the satchel at the court house, but the coroner objected to leaving the satchel as he paid that he had borrowed it especially for this occasion and he wanted to take it baek with him. However, upon being assured that the county of Boone would be. responsible for the preservation of the satchel, the coroner of Hendricks said that it might remain, together with the key. The coroner also produced ten No. 12 cartridges taken from the clothing of Wesner. Mr. E. Kennedy was another Juror in the case at Danville on the day of the shooting and his testimony was abont the same as that of the previous Juror. The next witness was Martin Hohl, the plaintiff in the case at Danville on the 20th of May. Mr. Hohl Is a German and said: "I be about acquainted mit Wesner twenty yar. Wesner came back to the table and Harvey vss on the table, and X vas on the table all the time during the argument, and Brown, he says to Wesner, 'Veil, my character is yused so good in Lebanon as by yours,' " and from this time the witness corroborated Harvey, and stated that the w ness had a piece of gas-pipe in his hand at the time of the difficulty. The next witness was George W. Brill, one of the attorneys for the prosecution who had1 been examlnlng witnesses all the morning. Mr. Brill took the stand and detailed at great length the scene in the court room at Danville, as has been given in these columns from the mouths of other witnesses. Mr. Duncan, In cross-examination, asked Mr. Brill if he didn't make a lengthy speech to the grand Jury of Hendricks - county in which he had call Mr. Brown a number of times 'd d a n of a b ," to which Mr. Brill replied that he didn't think that he had. The next witness was Dr. C. A. White of Danville who. In speaking of

the dying statements of Wesner, said: "He first a3ked me if he was shot in the heart, and I examined him and told him no: that he was shot too far to the right and below the heart; he said that he felt so much pain and distress in his breast: that he thought he was shot in the heart, and pretty soon he said: Doctor, I am dying;' and he said, 'God bless little Ruth;' and then Mr. Ralston approached him and said: 'Sam, how do you feel?' and he said, 'Oh, Sam. I am

dying;' then he raised up in a sitting! position ana ne saw his shoes on his feet and he made an effort to take his shoes off, but he failed, and he asked the bystanders to take them off and they did so. He said 'Oood-by a number of times. After that he called for lemon to moisten hia lips. He sat up on the mattress and we held him there and pretty soon he discovered his socks on, and he said: 'Take my socks oft; I don't want to die with my socks on,' and they were removed; and then he apparently quit breathing while he was in a sitting position and we laid him back on the mattress and he begnn to breathe regularly for a few moments growing more and moreSinconscious until he died." During the recital of Dr. White of the last words of the deceased the female members of the family of Wesner were deeply affected. The next witness was C G. Reagan o Bakers Corner. Hamilton county. Heard Wesner say: "Shoot.'you dirty cuss." Saw Mr. Wesner make a lunge at Brown and they struggled over to the north of the Judge's stand and Mr. Wesner Jumped on the top of Mr. Brown and raised his knife to stab him and seme one caught his hand. Saw the gleam of revolver handle in Brown's right hip pocket before it was drawn. Frank Branch, a boy twelve years old; with handsstained by Walnut hulls, an. who said there were lots of walnuts in Hendricks county, saw a man pick up a piece of gas pipe and saw the shooting. Did not see either the revolver or the knife. Judge Hadley was in the room back of his desk. Dr. E. Harland of Danville said: "Wesner was very pale, sweat standing on face. Wesner said to Dr. White, 'Kill me.' Dr.- White said, 'I want to help you. I want to make you better that you may live and Wesner says, 'Yes, I Want to live to avenge this. (The defense here objected to. witness detailing the remarks of Wesner, because if Weener was thinking of revenge he did not realize that he was in a dying condition), but the court ruled it In.) Wesner said, 'I knew last night that he had a pistol for me; I have got to die; I was told three days ago that he Intended to do this thing. I have got to die. He has shot me,' and I said to him, 'Is there anyone you want to see?' and he said, 'no.' And some one asked him, 'Did you draw your knife before the pistol was fired, and he said, "I didn't draw my knife until he drew his pistol,' and he said to Harvey, 'George, you seen it all, track him to hell.' " The prosecution announced this evening that it would conclude by noon tomorrow, and that it could not proceed this evening on account of the absence of some important witnesses. LEBANON, Oct. 20. Special. When court met this morning the room was crowded to overflowing; every available inch of space was utilized. Judge Hadlev was the first witness to be examined. Judge Hadley said that he didn't see any weapon in the hands of either party till they were separated; he wore glasses and his eyesight was not very good, and besides, he admitted that he was half paralyzed at the time and did not observe closely. One or two other unimportant witnesses were examined and then the state rested their case, with the exception of one witness, at 10 o'clock. , John Duncan stepped in front of the Jury and in measured tones began the statement of what the defense wouldj prove. He said that it would prove an entire absence of motive on the part of Brown to commit the deed; that Brown had no intention on the morning of the murder of staying at Danville and went to the depot to go home, but some of his attorneys suggested that some of the defendants should stay; otherwise It might look as if they had abandoned the case; that Brown was a respected citizen married to a wife he loved, had three children he adored, an old father and mother who locked to him with pride and honor, and that all these things would prompt Brown against committing a murder; that Brown had his hat on and was passing toward the south' door of the court house to go to his hotel and did not seek a meeting with Wesner, but was obliged to pass him, and when he did pass him that he remarked to Wesner In not an angry tone: "I'll put my reputation against yours In Iebanon." Wesner took offense, became enraged, called Brown a d d coward. He said: "Brown, I know you have a gun; draw your gun." Wesner then thrust his hand toward his pocket and started toward Brown, who retreated, and all of this before a shot. "We will prove to you by Mr. Winter," continued Mr. Duncan, "that this was the fact, and that after the first shot Wesner pursued Brown with a knife raised; and we will also prove these facts by the deputy sheriff of Hendricks county, who saw the knife before the first shot, and by others. We will prove to you that Wesner was a jTnan six feet tall and Brown was five ieet eigni incnes; mat n ir. uaision had not taken the knife from the hand of Wesner that he would have killed Brown; we will show that Brown had a revolver in his front trousers pocket and not in the hip pocket; that the hip pockets wert filled with other things; that Brown, when he carried a pistol at all, carried it in hii front trousers pocket; we will prove that Wesner didn't like Brown; that he had a kind of grudge agilnst him; that Wesner wanted to compromise the gas case before It came to trial; that Brown, as president of the company, told him they would not compromise; that Wesner said: " 'Coly Brown, I will make it cost you and your company $10.000 before you get through it," and Mr. Brown said: " 'Wesner. that Is all right,' and that then Mr. Wesner turned and came back (this being in February of last year), and Wesner said to Brown: . " 'Coly Brown. G d you. you open your mouth again and I will kill you right here.' "That during this trial Mr. Wesner seemed to be cultivating the good will of Brown; that he used tobacco from Brown's pocket during the trial, and came to Brown frequently, and that even Friday evening before this trouble Wesner had been sociably talking with Brown and a grand army man; that Mr. Wesner had made threats against Brown; we will show to you that Brown's hand was cut by Wesner's knife and that It was bleeding when the revolver was taken from him; in other words the defendant expects to prove that Wesner was drawing his knife when Brown fired the first shot, and that it was drawn when the second shot was fired." Mr. Duncan did not finish his statement until 12 o'clock. The attention was very closely given by the Jury and the audience. The question of the reputation of Brown is probably the one question that will require the most of the time, as there were a great many witnesses to be examined upon this point. The first witness put upon the stand for the defense was Ferdinand Winter, attorney of Indianapolis, who testified that he advised Brown to remain; that BnAvn was at the station ready to go home; saw Brown at one corner of the table and Wesner at the other and heard Brown say: "My reputation in Lebano is as good as yours," and Wesner said: . v "You know I'm no coward." The next thing Wesner said was: "Draw your d d revolver." "I was expostulating and telling them to stop wrangling. I aw Wesner's hand go to his side. I then heard a pistol shot. I then saw the two men huddled together about fifteen feet from where they begar; then a second shot was fired and tue two men went down together. "I bad not seen the pistol In Brown's hand until Wesner was rolled or. pulled

off him; waa nearly If not quite between these men when trouble began; that Wesner threw his hand toward his pocket, and Brown retreated before the first shot was fired a step or two, and that Werner Was adanclng on Brown before the first shot; that Brown kept backing and Wesner kept pursuing, and that the second shot was fired after Brovn had retreated some few feet, and that Wesner pursued and fell on top) of Brown." A question impeaching the witness Mo Ininch was asked Attorney Clark of Danville, to the effect that the witness Mo Ininch had told Clark a few days after the tragedy that Wesner threw his hand toward his breast when he said "Me a coward?" before the first shot was fired. The next witness was E. S. Weddell, deputy sheriff of Hendricks county. He testified that he was in the court room and saw both Brown and Wesner at the time of adjournment. Brown approached Wesner and said: "Sam, I will put my reputation against yours in Lebanon; that he saw the knife in the hands of Wesner before the first shot; Wesner raised the knife and leaned toward Brown, and pursued him after the shot." The next witness was Attorney S. Ralston,- Mr. Ralston testified in substance to the same facts as given by the deputy sheriff. He saw the second shot, and saw Wesner with-his hand raised; saw the men fall together, and grabbed Wesner's right wrist and wrenched the knife from his hand. Wesner had argued in his closing epeech that no other man in Boone county would make . such statements as Brown had made, and that any other officer of the company would have permitted his right arm to have been severed from his body before he would have made such statements as Brown had made; that Brown had stated to Wesner in a laughing mood that his reputation was as good as Wesner's. Harvey Vannnys was a Juryman on the trial; saw Wesner make an effort to get a knife before the shots; recognized the knife when shown to him. Joseph McClaine said that he had been working for a gravel road undertaker; said he saw Wesner on the streets of

Lebanon, and Wesner said to a stränget. in his hearing, "That he would win hl3 case, but Coly Brown, the d s of a b , would have to kill him before he let loose." , William A. Dale of Haughville was tbe next witness; talked with Wesner at the Union depot at Indianapolis the 17th of May; Wesner was going to Danville; Wesner said to him that he would get a $3,000 or 110,000 Judgment or ho would kill Brown. The defend expect to complete its testimony early next week. LEBANON, Oct. 21. Special. All the country- people for miles around came into Lebanon this morning to hear the trial. Hundreds of men and women stood at the entrance of the courtroom and almost blocked the entrance, so much so that when the Judge called for the sheriff to bring in the Jury the sheriff said: "I will as soon as I can." Common old-fashioned meeting-house benches served for the audience. Some filled the seats and then others stood on the back of the benches. Ladles upset one of the tenches, and they went down like a house falling ever. This created a diversion. It would also seem that such a place would be the poorest place in the world to bring a baby, but one of the good mothers of Boone county could not stay away from the court room, and as papa would not stay away either there was only one alternative, so phe brought the baby, and in spite of sheriff, bailiff or anybody else the baby made his presence known. There have been about thirty-five witnesses examined up to this date, and not a single woman has been on the stand. It was knotvn to The Sentinel reporter last evening that Mr. Brown would take the stand in his own defense this morning. His attorneys did not let it be known last night to Mr- Brown that he would be called this morning, in order that he might rest quietly and not be disturbed by apprehension of the trying ordeal he was to pass through. Mr. Duncan called out as the first witness this morning. "James C. Brown." The audience and Jury wtre at once interested, the Wesner family looked up and gazed steadily at Mr. Brown as he calmly, with a toothpick in his mouth, walked over and sat down in the witness chair. Brown's handsome, younglooking wife appeared visibly agitated. Mr. Brown was perfectly cool and collected. He said: He was forty six years old; had wife and three children; knew We6ner twenty years; said Wfsner had threatened to kill him last February; that he knew Wesner always went armed; that Wtsner told him one time that a knife was a better weapon and a more deadly one than a revolver: that he had seen Wesner at one time throw a knife at a mark on a tree: that Wesner had come Into his store one day some time ago to whet his dirk on witness's whetstone: Wesner weighed about two hundred and ten pounds; had his revolver for several years; that the loads In It at the time of the tragedy had been in the revolver over two years: that one shot had been fired out; last April he had cleaned the revolver; always carried revolver in front trousers' pocket; Wesner had been exceptionally friendly to him at Danville the day of the tragedy and two days before: he approached the table Wesner was at as he went out to his dinner. "What, if anything, did you say to him?" "I said, Sam, I am glad that my reputation at Lebanon is as good as yours; he stepped around the table in front of me and said, , 'Coly Brown, you have got a pistol, g d you draw it,' and then Mr. Winters stepped in and saya: " 'Tut tut; no fussing.' "Mr. Wesner then says, 'O d you draw your pistol,' and he throwed his hands up that way (indicating a quick heavy blow upon his chest as though a person, trying hurriedly to draw something from the inside coat pocket) and then he grabbed' his knife and started at me. - -. "What did you do?" "I drew my pistol as quick asI could and ran back from him, and I fired as I ran, and as I ran back he followed me with his knife In his hand; he drew his knife with the scabbard on It; after I fired the first shot I retreated as fast as I could run backwards, and he followed me Just as fast as he could run with his arm drawn up and coming at me; the second shot was fired Just as we were north of the Judge's stand, and when I was running backwards and I stumbled running backwards; I fell and Wesner fell on top of me; I got, up in some way; I shot Wesner because he was trying to kill me; at the time I drew my pistol Wesner was trying to draw his knife or rather to get the scabbard off his knife. When asked in cross-examination whether Mr. Wesner merely - had his A Natural Food. Conditions o f the system arise when ordinary foods cease to build flesh there is urgent need of arrest eil ing waste assistance must come quickly, from natural food source. Scott's Emulsion is a condensation of 'the life cf all foods it is cod-liver oil reinforced, made easy of digestion, and almost as palatable, äs tzilk. ,f Prepared bf Scott Bown. Jf . Y. AH drnrl-

hands up trying to grab the revolver Mr.- Brown said: "Weener was not the kind of man that would beg not to be shot or who would grab or try to grab a revolver; he would try to kill instead: my hand was cut by Wesner's knife and my coat also; Wesner wouldn't try to catch a man or beg not to be shot." Mr. Brown toldhte story in a very straightforward way, and created a good impression. The prosecution tried to prove that Brown had carried a revolver on a certain election day, but the court ruled it out. Several members of the Hendricks

county grand Jury that indicted Brown ( were then examined as to the feeling on the part of. the prosecutor, saying in the opening statement to them that he wanted them to indict Brown for murder in the first degree, so he could not get bond, but would have to lie and rot in Jail. Louis March, druggist of Danville, testified that Wesner came into his drug store about an hour or. so before the shooting and got a drink of whisky. , 'Court adjourned at 12 o'clock until noon Monday. LEBANON. Oct 23. Special. The evidence in the Brown-Wesner case was resumed at noon today. - -. The - first witness examined, atter a short cross-examination of Attorney Ralston, was John H. George, who was one of the grand Jurors that indicted Mr. Biown. ' . . He testified that Mr. Brill, one of the attorneys in the case and who acted as assistant prosecutor before the grand Jury, had stated to the grand Jury that he wanted Brown indicted for murder in the first degree that he' might He in Jail till he rotted: that George Harvey stated that Wesner had requested him to track Brown to hell and he felt it his duty to do to. Jesse Perkins had met Mr. Mclnish, otie of the plaintiff's witnesses, at Coatsville. The witness, he said, had told him that he had made some statements before the grand Jury for which he was now sorry, as he had been too positive. Mr. Perkins was in the employ of Mr. Brown for several years, but denied that he had been talking much about the case. Samuel L. Cason testified .that Martin Hohl had told him that he did not see the trouble, that he heard a pistol go "bang, bang" and then he ran. Charles Batterton, a drayman, said he was passing in front of the First national bank when he heard Brown and Wesner talking. Just as he was past he heard Wesner say: "Coly Brown, d n yru, if you open your mouth I'll kill you right here." Then there were twenty-three witnesses introduced as to character. All testified that the reputation of Brown for peace wis good and ail but five or six said Wesner's reputation for peace was bad. Some of the witnesses had formed their opinions from their own observation, but many of them had heard the reputations discussed and knew them from what people said about it. Some of the witnesses had had trouble with Wesner and others had known of his having trouble with other men, though none had known of his ever striking anyone, though they had heard him make threats. Smith Cox said Wesner told him that he put on his knife and revolver as regularly as he did his watch. The examination of witnesses will likely be completed by tomorrow evening. One of the attorneys for the prosecution told The Sentinel reporter that there would be three speeches on each side. The speeches will not be limited, so it is likely that the attorneys will prepare lengthy speeches. Among the many amusing incidents of the day was the story that Mr. Brown while hunting in the Northwest a few years ago had shot at a deer at night but when he examined his game found it to be a farmer's steer and skipped out to escape the wrath ot the farmer. TriB AVHITB CAP TRIAL. How Mrs. Mary .Schräder Was Bratally Whipped. COLUMBUS. Oct. 20. Special. The trial of the Jackson township white caps was called up this morning. Mrs. Mary Schräder, the lady who was whipped, was the first witness put on the stand. She said in substance that she resided two miles from Waymansvllle. I lived there on the 21st day of August, when I was whipped. Mrs. Schräder Is of medium size, with' a pleasant appearance, and gave her testimony In a clear and terse style. "My husband came home on the n'.ght of the whipping and soon afterward I heard the dog bark. I got up to see what was out; heard a grunting noise at the door. Was dressed, as I was tired, and laid down dressed. I lit a lamp and my husband got up and opened the door. He was In his night clothes. My husband helloed 'Murder! murder, when ho saw tne people in the yard. He came into the dining room with three men around him, with revolvers in their hands, as if there was going to be murder done. I could not say how they were dressed, but their faces and hands were blackened. Ham Leaseman, William Otte and Chris Schnlder were the men. They took meout into the yard. Mary Schnlder and Christ Schnlder took me out. They looked to me to be black 'ened. When I got out in the yard I saw Anne Venstrohe, John Agel, Grandpa Schräder. Henry Venstrohe. They threw my clothing over my head and stopped my mouth. Mary Schnlder and Christ Schnlder whipped me. I helloed: " 'My God, have mercy on me.' "I could not tell how many blows were struck. Mary Schnlder broke four switches on me and Christ whipped me also. They did not have my dress over my head all the tlm?, as I fought it off. Anna Venstrohe held me. They whipped me all over; cut me until the blogd came. Those marks remained on me a long time. Some of them show yet. Mary Schnlder said, 'Be still,' and others said a few words. I recognized the voice as that of Mary Schnlder. Heard people' helloing outside of the house. I heard John Eigel, one of the defendants, say:- 'Who is the cause of all this trouble?' "I recognized the voice of Leaseman say, 'Stop, Andy; we want to. settle your wife and the old man.' 1 also heard Andy Venstrohe say, 'We want peace and the neighbors want peace.' ' "The third person who whipped me was a man, but I did not recognize him. He bended me over and whlpred me like a child. John Schneider pullel at his mother when she was whipping me. It was about midnight when the men came. I saw the old man SchTader there, but he did not intercede for me. He lived with us on his land and he wanted us to leave the farm. I stayed at home after the whipping. He said directly after the men were gone that was what I got for being so ugly to him. "My husband and children heard him say it. The old man said they were negroes, as they took hold of me. No one had hold of the old man when they were choking my husband. Two men led grand pap out afterward. He made no resistance. "I went to Dr. Banks's office the next day. lie examined my wounds; said they were awful." Witness named all of the whltecappers present when she was whipped. Witness said Henry Venstrohe and wife came to see her after the whipping and asked her (the witness) not to accuse Mrs. Venstrohe. Chils Schneider came also to deny that he was at the whipping and Lold her that if she did he would prosecute her for slander. Don't know who it was that threw my dress over my head. Saw switches in the house on the morning after the whipping. Switches were used on me. Henry Venstrohe had club, others had switches. The Schneiders are relatives of mine, s is old man Schräder. Andy Schräder, husband of the woman who was whipped, was called next.' The men who took him out of the house tore his clothing off and scratched his back. They had revolvers in their hands. Haw Leason. Will Otte and another who wit ness did not know, had hold of him. The i men were blacked in the face.- His testimony was Blmilar to that given by Mrs.

Schräder. He also recognized Mrs. Schneider and Mrs. Venstroke, as they had hold of his wife. They had their bonnets pinned close over their faces. He could see his wife bejng whipped and recognized the most of the defendants by their shape and size. Witness said his wife's body was covered with bruises from kicks, and there were stripes on her back that were bleeding that night after the whipping. -The trial will probably last two or three days as this Is considered as a test of the cases to follow. COLUMBUS, Oct. 21. Special. Intense interest is still shown in the trial of Mary K. Schräder, one of the alleged white capers, which was resumed this morning. Her 6on Robert, whose case was dismissed yesterday denied every statement made in a deposition taken the day after, the arrest, claiming that he had forgotten all about the transaction; said he had no recollection of the whipping. It was plain that the boy had changed his mind from some cause. Mrs. Mary Schräder, the prosecutingwitness, was recalled for the defense. She did not 'recognize Henry Otte, but did recognize Ham Leaseman. "Know it was these men for my husband told me so. -1 recognized Mary Snider - by her form, size, face,, and eyes; had her bonnet tied or. pinned over her face; it was optn about four Inches: face . was partially blackened: she took, me out with the aid of her husband." , . The only persons recognized were Mary, ' Robert and Miss Schnlder. "I recognized; Elgel by his size and form; did not say before the grand Jury that I thought.lt was another person." John Kinsey sworn: "Live in Brown county, two and one-half miles of home of Mary Schräder; heard a conversation between the Schräders and Mary Vanstrohe. - 1 - "Mrs. Vanstrohe said to Mrs. Schräder, 'I heard you was whipped last night and that you accuse me.' Mrs. Schräder said, 'Mary don't talk to me, you are no friend of mine. "This took place the next day after the whipping; saw wounds on Mrs. Schräder; she raised her clothes to hfcr waist; there were stripes and bruises so thick that you could not put- a pinhead down; blood was still oozing tfrom some of the gashes." Dr. William H. Banks: "Reside at Waymansvllle; been practicing medicine twenty-five years; know Mary Schräder; saw her the day after the whipping; I saw but one of her limbs; it was badly bruised and cut; one of them four to six inches long; the entire limb was cut and bruised; wounds looked as If done with sticks or rods; the skin was lacerated in a number of places." J. F. Matson, local editor Republican, sworn: "Know about the time the parties were brought in for preliminary trial: saw Robert Schnlder on that day; two or more of the other defendants were present: they wanted Robert to say how the parties were arrested. The boy did not do so, when asked about the whipping that he told J. S. Brown coming In. He was stopped by his father and Öut little was gained from the Interview as the boy was slow to talk. One of defendants said the boy had been scared Into making a statement. All the boy admitted was that Mrs. Schräder needed a whipping anyhow." Martin Snlvely: "Know part of .the defendants i I went with the officers when they were arrested for whipping Mary Schräder." Witness stated particulars of the arrests that were made and of the resistance made by old man Schräder, and his escape in the darkness. (The old gentleman created an intense sensation in the court room by threatening action and mutterings whilst the witness was testifying.) , When the boy, Robert Schnlder, was taken by the officers his mother told him to tell the truth. George Lewellin: "Assisted in arresting the defendants. Old man Schräder struck witness on the arm with a hatchet as he was raising tne window. He also threw a handful of salt in his face, some went into his eyes blinding him for a time. Two shots were fired. He fired one. Both shots were fired upward in the air. The old man ran upstairs and escaped by getting on the roof of a porch and Jumping to the ground." Edward Schnlder, aged eight years, son of the defendant, was called and the defense objected to the boy on account of his age, but the court ruled that he was a competent witness. He did not remember about his aunt, Mary Schräder, being whipped. Heard his mother talking about it to his brother Lew. He said Aunt Mary got Just what she deserved; did not hear pa say. anything about it; ma did not tell me what to say to the grand Jury. Ma told me about the whipping the next day. Amanda Fitch Hve3 near Schräder and saw Mrs. Schräder a few days after her whipping. She was bruised badly on her limbs. The wounds were black and deep. There were scabs on some of them. They were on both legs. The toe nails on one of the feet were coming off and the toes were black. Mrs. Henry Johns saw Mrs. Schräder hext day after she was whlpiel. Her legs were bruised; could not tell how many; blood was oozing from the cuts. They looked as if made with a whip; her toe nails were mashed; saw signs of bruises three weeks after the whipping. Mrs. David Ogilvle saw Mrs. Schräder the next momlng after the whipping. Her legs were cut to knees; she was whipped pretty bad close to the feet. The state rested at 2 o'clock and the defense commenced the examination of witnesses. A general denial was made of every material allegation made by the state. The case will propably go to the Jury on Monday afternoon. COLUMBUS. Oct. 23. Special. David Ogelvle was the first witness called by the defense. "Am acquainted with Louis Schneider; heard of the whipping of Mary Schräder the morning after it happened. She came to my house Just after daylight. Lewis Schneider staid at my house that night with other men who came to 'thresh my wheat. I last saw Lewis Schneider about 10 o'clock; we went up stairs to bed. Saw them next morning a little after Mrs. Sehmder came. I did not hear Mrs. Schneider say to Lewis Schneider that "If you was not at the whipping it was a man that looked like you." Schneider denied being there and said he was at Oglevle's asleep. (The witness " plead to tell his story, in his own way and the Jury would get the truth. His manner of testifying created considerable amusement.) 1 told Mrs. Schneider, he : was thre and she simmered down. There were others about the house except the threshers. Catherine Ogelvle: "Have known Lewis Schneider since he was a small child. Mary Schräder came over and told me ehe said to Lewis Schneider that if it was not him that was at the whipping it was a man who looked like him. Lewis stayed at our house all night; did not hear anyone come down during the night." Charles Klrkoff heard of the whipping the next morning. Mrs. Schräder came to Da,vid Ogelvie's, where I was threshing. I think Mrs. Schräder said she thought Lewis Schneider was at the whipping. She came over to see If Lewis Schneider had been there all night. - Chris Schneider, husband of the Mary Schneider, and one of the defendants, was put on the 6tand. "Knew that Mary Schräder had been Whipped the next morning; was at home on the night of the whipping; came home at dark and did not leave until the next morning; went to bed after 9 o'clock: neither myself nor wife left the house during the night; no member of my family took part in the whipping of Mary Schräder; never had trouble with the Schräders in any way; was at Schradens about a week after the whipping. Mary said she did not Just accuse us. I told her if she had said so I would prosecute her for slander. She said she did not know any of them. She did not say how badly she was hurt. She said she could get a divorce from her husband at any time for causing her to miscarry by whipping her. Witness told of the arrest of his family for whipping the defendant. The officers did not tell witness that they had a warrant for himself Or wife. Witness was put in Jail as soon as 'he was brought in with other defendants.'! . . . Mary Schneider, the defendant, was the next witness. ' "Heard of the whipping the next night afterward. The family was all at home

on the night of the whipping." Witness denied making arrangements to whip Mary Schräder; did not say to anyone, "Did you hear the pood news?" meaning the whipping of Ma ry Schräder. "X have not beta to Mary's in two or three years. She has been mad at me; 4 fell out about dividing up the things the old man left." A number of the other defendants testified this afternoon. They denied emphatically the accusations against them. The case will probably go to the Jury tomorrow morning.

Will Tie Ip the Road. NOBLES VI LLE, Oct. 18. Speclal.The employes of the Chicago & Southeastern railroad company decided tonight to give the officiali one more day tn which to settle their question of wages and if they failed to do it by tomorrow night the road would be tied up fror end to end. me omciais cr. the Chicago & Sout w rf i f I ii iiun run T:t n v n .1 BfiT t a A. 4 n. SI .J ... 1 1 . . 1 1 v j cts vi i t" - lid i l ui 1 1 ltr U i iiiriii. tut ii I ii ii ir a nrnav m as a consequence but one train was ru w j v" j was sioppea at lei-anon. The men are out on a second strike, and It is highly probable that no more trains will be run except - mail cars until a permanent and satisfactory settlement is made. The officials say they are expecting to receive money from New York to pay the men at any moment. . - Samuel Cutnlnuer Dead. EDIXBURG, Oct. 20. Special. Samuel CutsLnger passed away this morning. He was one of the oldtt, most influential and progressive citizens. He waa the owner of considerable property and business interests to which he gave his personal attention. Owing to his stronjr constitution and in spite of his seventyfour years, he was able to do this until about ten days ago. At that time he was called to Gas City conr-erning his property there, and contracted a severe cold which devclopod into pneumonia. Owing to his connection with the S. Cutsinger & Co. branch of the Nationil starch company and his reputation as a stock dealer, he was widely known not only here in his own state but all over the country. He leave? a wife and twelve children. His interment will take place Sunday. Shell ville's Light. SHELBY VI LLE. Oct. IS. Special. Shelbyvllle's present electric llht contract expires in July, 1S94. The city council for months has been trying to secure bids from ekK-tric lighting companies, but in vain. The citizens became fearful that the council would contract with the present company, and held a mass meeting at the court house, at which resolutions weie adopted advising the council to advertise for bids to put in a-plant of her own. Much interest in the question is manifested, and the taxpayers seem to be divided on. the advisability of the city owning a plant, but all aeree that the present price $5 per 2.UO0 candle jwwer aro light Is excessive. At lachiuentit Ianaed. MUNCIE, Oct. 1. Special. Some excitement was caused here this afternoon by representatives of four New York wholesale clothing merchants, who got out an attachment and attempted to enter the Leon & Metzger clothing store, which was closed with the wholesale house in Cincinnati two weeks ago and Is now In charge of Receiver Jacob Sehroder of Cincinnati. O. The men want their goods but will likely have to take their part with other creditors. Tonight another attachment was issued by Attorney Forkner of New Castle, where the defunct firm has another store. The store here invoiced $11,000. Fire In Amlrrton. ANDERSON', Oct. IS. Special. Fire, supposed to be of incendiary origin, destroyed E. E. Kiphart's live-y stable at 1 o'clock this morning. Two buses and several carriages Were burned and a man named Joseph Miller was severely burned about the head and hands. The flames communicated to Morgan's feed store and partially destroyed it. The loss on the stable and contents will amount to about Jl.OuO. On the feed store about $300. Hilled by a Fall. NOBLES VILLE, Oct. IS. Special. George Stlth, a carpenter of Cicero, while working in this city today, fell from the top of a twelve-foot step-ladder, alighting on his head. His skull was fractured at the base of the brain and he died In four hours Rfterward without having regained consciousness. A wife and four children survive him. He was an old soldier, widely known and a member of the A. O. W. and G. A. R. Cruahed to Death. WABASH. Oct. 1?. Special. Harry Miller's tile mill, five miles north of this city, was today the scene of a horrible accident. Mr. Miller's little son, aged seven, was playing around the engine room and was caught by the large drive wbeel and his head terribly crushed between the belt and the wheel, stopping the engine. Death was Instantaneous and scarcely any of the skull remained when the little victim was taken out. Killed by the Cnrt. LA FORTE. Oct. 18. Spec ial. William Rhode, a groceryman of this city, was fatally injured here this afternoon by the cars. He had boarded a special excursion train at some point east of this city to ride home, but as the train did not stop here he attempted to alight while it was passing through the city at a high rate of speed. He was about thirty years old and loaves a widow and two children. , He Fell Thlrty-FIve Feet. GREENFIELD. Oct. 22. Special. Jacob Swartsman, a flattener at Wells's window-glass works, while out nutting yesterday evening accidentally fell a distance of thirty-five feet from a tree, greaking both arms. One of them was buried in the ground from the force of the fall. His Jawbone was broken in three places. He was internally injured also. His recovery is not ptobable. Dentil of Mrs. llrnokhank.. JEFFERSONVILLE. Oct. 20. Special. Mrs. America A. Brookbank, ex-grand worthy vice-ternplar of the Juvenile templars of the world, subsequently elected grand secretary of the same order, died in this city tonight of cancer after a lingering Illness, aged fifty-five years. She was the wife of Marcus A. Brookbank, a prominent citizen. Ilnrltnaton Route. The Burlington Route Is the best railroad from Chicago and St. Louis to St. Paul. Minneapolis, Kansas City, St. Joseph, Omaha, Deadwood and Denver. The scenic line via Denver, Colorado Springs, Pueblo, Leadville, Glenwood Springs, Salt Lake City and Ogden to all California points. All its trains are vestlbuled and equipped with Pullman sleeping cars, standard chair cars (seats free) and Burlington route dining cars. If you are going West, take the best line. FOR SAI.K MISCEI.LAXEOl S. FOR SALE-POWERFUL. FRENCH Field Glass, cost $X for C. O. D.; privilege examination. Address postoffice box Söi Cincinnati. - . U. S. PATENT FOR VALUABLE PIKCH of machinery, or will trade for good farm land tn Indiana or adjoinmg sittes. !. J. Thickstun, Belmont. Ind. AXOlCEMETS. SOMETHING Pit ACTIC XL THE IM proved Daisv Fence Machine and tha New Daisy Vir Beel. Address Zlegler &. ilarmon, Anderson, Ind. U t