Semi-weekly Express, Terre Haute, Vigo County, 31 January 1896 — Page 2

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TRIAL OF THE TRIO.

DAK SHANKS

•r

TELL8

WOMEN EXC0UR1GE WE PESOS®

CHEW

OF TOBACCO PLAYS

IN THE CASE*

Conrt Boom Thronged Witi Spectators—

All

Wednesday was a genuine spring day, .and when Bailiff Klsnertr gavel sounded to cvrrrven-e court for tife resumption of Ch« now celebrated K£Jlar trial every avaiifable seat 5n the space allotted to spectators was occupied amfl there was a scrambling for standing room.

There w-as a steady flow of curious people toward the court house (during *i)he entire day, amd it is estimated that a thousand people were turned away •unable to gain adanHlftatnce. iDeptfty Sheriff Mitchell Btodd1 at tbe entrance emd regulated -the ingress to the ocuurt foam. Crowed is were not permitted to ccungregafte in front of the ••doors and those who coniM not g®ln axlmlttamce •were (forced to movie awiay so as not

impede tihe

WF^JM

,* J- ^Z*- ,5-v

OF HIS

ATfEBW

TO ASSASSINATE

KgLI.AB.

,/,

Another Day of the Great Trial Added to the Tragic Romance—The Cue Only Fairly Begna

aivoitd the rush" was

packed inside the court room like sardiiines to a box. Women ctflmbed an the top oif the talbies amd &, was only by comttaiued warning by BalMlf Ktenea tiha't ithey -were prevented from stampeding ifco the Judge's bench amd emSroach-

tag on itihe few feet of space not occupied by .the few lawyers aind ex-judges whom Judge Taylor had invited to sit with 'him duriing the afternooft. The

Court room from the" east aide of the oorrl'dors on 'tihe fountJh AOOT were thronged with people and flacea of ftihe ciwious oomataTitly filled the big wnindowts loaMng down Into the Circuit hall. Men about (the court room wnose expedience qualifies t'hean -tio speak say Jt was, by fair, the largest crowd ever seen 4n a Vigo county court house.

Good Order is maintained.

In spite of the vast attemi&afnce the best of order is (maintained, and at no time has the 'bailiff been forced to suppress dlsturibanoe pesrultflng from the conduct o£ amy spectators. At the begfamkig of the trial the Judge gave wajnnkr^g that unless the best of order was had he would fftefuse to a&mlt spectators and ooaduct the trtal with the doors fcarred against all sajve those •wfhom he chose to admit. The wamting has had a wholel9ome efEect, and the Visiting -attorneys say 'tiiey never witr n^esaed such good ortdter at a trial of such a sensafcionia'l nature whore there, was sudh a iairsge a*temctetfnoe. There were no sen®atiortail disclosures in the prooeedtaigs yesterday and from tt£hl» fact .miany of the epevjta'tors weve visibly dflsapipotatad. Ttoey were nrt dJscouraffed, however, aaud it is safe ba predict

ffrhiait there will bp but a alight, If any, kiacrease in the attenOaiDoe today. "Wlhata court toad ooavem^d and the p*iiBoniers, Jm-ny amd (attorneys were foi fheir ptoses, Attorniey MtCabe (began tihe proceeding by the cross qtw?stion4ng of Mrs. Shianlcs, who gave her direct teetfcnony 'before "the adjournment Tuesday evonfeng.

Mother C'ofnplote# Her Evidence. The cross exanntowt'tan of Mrs. SWanks w(b3)c!h flcflSoRved «Jhe oonvwitng of court yog&efrday, brought out no new fewtures In oaSo. She "had 'testified direct to no anaitentBa potoiDs a£ahvst the accused fiaid, thfe wfibh th» fact of her advamcefd ogia, oaraasd tira aJtstorareorB ftor the K€1faws oibcundon ithe usual severe cross (xuSBtSoulns'. Mrs. thanks was theretare ddaxntt&eJd ftmm itSie stand with her lt»riStoti! Story praotAcally undisturbed.

I8t6 oofty important 9esutura brought out J1%jr tbe defense te. *he cross examiinaittom Swa« her repudaai&an otf a statement she te efBege& *o Suave made to «he ooraner art the Ojne

"BW6 tnqu-est. She wo*

oral? («etpttdStated 4ihte statement but deoniad an fasterviow ^he As aMe&ed to have Iiaai wJtlb CJhaSL Gwyinin and whWh appettmed to the Oovfiang'ton Republican.

Mm. Sbeurtte nt»t orfly denrfed pomtkunB eft whetft puTpantPd to be 'her startwment €he ooronw, bmt repaidftuted an inftervtew vM bear whWh a/ppeaned to the Covtrrgston RepuftyWcami. Attorney MtoOal» acrtcOd 'the wAtnieps df ^h« d4dnt tell C. H. Owyroiv edUbor of the RepuJbffcajn, 1!biat Cfcrn oaSed KeBtor a damn liair on Friday wlhien he admOfcted that h*is wife's charges were true. Witness replied Sn the megaftive aard also denied that she toM AarrlBon Weaver ttiait Clara was worrying and crying about the Kettar affair.

Clara's Father on the 8tand.

DSsmTsStas Mrs. SJsamks, her husbooid. Fredwlck S'lKunks, the father of 4the dead gfirl, wlas called to the stand I Mr. Shamks is a taSH, brsuwny man 68 yeajrs exf age, aaud although his locks tndSoate hBs ttfe hao been one fnought wtth totl and 'hardships he is wonderfully

wieH

preiserved for cme of his years

aind has the la'rngruage.and expression of a-n uneducated burt honest back\roodsmaji. He Is vtslMy deaf and It was with some difficulty that he waf= I m!ad« to iTOdenstaod the qtiestions. Hif answer®, however, were responefre and

It was evident from the start that ho airm*3 to the truth and nothing: more In brief wt^nvw said tie first learned of the trouble between the two famlltof on Saturday. Hia .wlife told Mm about tiie trouble when Clara- left the dinner

"111

A PABT

Conceivable Standing Boom Taken —Hundreds Fall to Gain Admission*,,

progress of any who might

desire to leave the court room. As the day grew "warmer the crowd increased amd 4n the afternoon the atteradaaae was even larger "than -ft hod ever bear*. A speciafl effort was made to accommodate the women spectators amd wheal court conveaied for the afternoon session ail the space taside the raiflmg mot occupied.iby wifcnegises, was given over to the women and they crowded tato St to a way whteii tntdiW' aated they wore willing to endure i&ny reasotntable Incomvenaenca .-.to g&t glimpse ait tJh»e pxlncdpiajls ^ind lijwiiWh the progress of the taM. Wonvea otf afll sizes, ages amd staitdoms in life warfe there—temporarily on a lev^ awl scramblltng for the saime Te^Vajsd— a plaloe where 'they could see the prisonous, 'lawyers amd bear, aft least, a pant of Whart was 'betting Bald. Omnibus tactics were continued u/ntfl ii *vould hwe (been Impossible for amoflber person ifco have elbowed ioartde the doors atnd 'the xrvaasa otf husoaqfty WWkJh tod "ocxne eatrty

^'-*-4^©.

taWe so abruptly, "fie ajotioipd thart CSttna iRts umrao&tly prlet and had »o appetite wfrioh moved Wai to ask Ms "ftWe. fflf «he -traa sioit. That atfternoon wftk£le frlbneBS was alt work in the field Dan el Jar oarae up amd standing on tflite outside otf tfoe feooe asked him for a chew of tabafceo, Wtoess took a I^ece of 'Tong green" from his pocket amd W&n&ed «o Ke&eur with the remark,

give you a dhew otf tobacco

for the Ifes you feteure 4»ld." KeUar took the tobacco euod 13h«n^ jwSfcues^ bj«V

"pply&i^ ^xpec^ kq je&P-.

by ypaj-(0»|f|'',Wjfciieps K&fteiri ni'ea&jr, aajswer^i, l"Nb" a*pd a a

Saturday *lftBmuo'nJ&1. ShOTlra

fcrined,

iii the .seacch for, hte ml»rte&: daag?ter amd said ,he ,eaw CSfeuna's tracks

ttj

the

du^ty iroad in iroipt iOif his. bouse and teadtog west ttiiwraaids Kellaa**s house He admWted tfhaft toe atoo searched thf h^hwtay ieaxiing to Wolf creek bin found ,po traxjtos otf hds daoghter. He saM that every time tie came

sight

of K-ellar's 9iouse tie observed Maggie KeQlair

peering

out of t4ie kitcheor win

dow. Mr. Sh*aTik3 was sribjeoted to a severe eross-exaaHfcnai&fan but stuck to his statement "Chat be sanr Clara's tracks In fche road teadlng to Kellar's. Quastkaned ae to why ihe didfnt follow the tracks amd go to Keller's hbuse he said •he thought Olara' had gone there for waiter asid dfldntt tWfink ft necessarj' to go there for her. He admitted that at the coroner's Snquest and at the yre~ limteiary ^xamteiaKStoo 'he'ld at Amrerpo]±8 he eaftd notWrngr aAotit flndlrjr tracks. He sa/ld Ihe wasn't asked about St and he forgot to mendon it.

The Brother on the Stand.

The -next witoess called was Daniel Shanks, brother of the girl alleged to have been murdered. Dan was regarded as an important witoess by both the state and the defense. He is the man who attempted to assassinate Dan KelJar. immediately after 1ils sister's body •was found amd for this reason it Is -supposed that he knoww more about •the case than any other one person. He w®s ik»e]y questioned *oth on direct and cross-examination, -but the searching q-uesttons dtedtased no important facts either for or against the fitaite. Hhe young man, who is about 23 years odd, testified lit brief that he went ovw to Kellar*s, «Jmost ftn-med-totely 'afterward, and calling Dan out wtO' the -barnyard told him tbi3 talk a/boat ills sister would have to stop there would be trouble. He saM It wocAd stop fhat no one bad heard the oomtver«atSo4i' they had )uat fcad aibout t®te sfoatter amd that if Clara wwtld atof) j-comin^ over to Ms house that would be the end of It. Witness returned home and as iie wasn't feeling well he laid down on the bed tMl dinjfeady. Clara helped to get dinner ready that' day. This was the day of lier dlsappearamce. There sat down to dtoner that day, Ms father, m'otihar, Clara, Pearly, L/araaia amd Wm«e31f. After he arte dinner he returned to Ms room amd laid down again. It •was about 2 o'clock in the afternoon, be «hould say, when, 'his mother came In an-d told Mm that Clara had gone. He got up amd went out to look for 'her. Among other places (he went to the ravine and to Wolf creek, but could find ,no trace rf heT. Witness met several iboys of the neighborhood during his search and made inquiries and the witness was proceeding to detail the conversations. (Mr. I/aimb objected to any conversations being repeated unless the detfend ants were present. Objection sustained.

A Fruitless Search.

Withers after a -fruitless search returned home and on' the way met his father, two brothers and sister Ethel, also In search of her. He got up on a fence and looked through the woods. He- got back about 3 o'clock and laid down again for one hour and a half qpfl then got up and started again.

He went over to Bill ATwaird's pasture between 4 amd 5 o'clock. He called out his sister's name amd, mot finding her, returned home. This was about 6 o'clock. It twiais raining at the time. When toe got hack his two brothers were In the bam .lot and there was no one .home the folk® being milkteg. After supper tfhey concluded to not d)o amyShing till tihe next morning.

Next morning when got up It was SPrtnikflLnar,' and after breaksflast they started out again to search for her. He went, oanong ©tftier places, to the pool, taMng off Ms clothes he went to and found toer body. Then She returned bo giye tbe. aiarm, after which he got his shotgun amd, arming himself with it, went out to find IDan Kelilar. He went t' KeWar's house and- called him out.

Witness told Dam KeU&r that Olara haid. dn?owned (heatself, and he replied, "Well, I declare." Witness tJhen continued Sd the quietest way possible to it!he Jury: "I eafld yes, a red you /are responsible for it. You have driven her to amd I pu&ed up my s&otgun and fired. I was about forty or fifty feet awaiy. He was running tato the house ait the time. I heard htfm grotam after toe got in and I supposed I bad woumded Win and I went around to the other gflde otf 'the house so could get a cbaince to ftnlsih him. I called' to bian to come out, but he said mot to (fire that his wife was nervous and tt would scare 'her to death. The women folks finally oame out antt pensuiaded me to go awaiy."

Wiftness told- tSiem otf removing tbe bwdy tfirom the pool by A1 Beeson after he (witness) had pota'ted out the spot in the waiter where It wia-s. The body was laid out on Che gamdbar.

Cross-Kxamtnatlon.

The cross examination wias conducted by Mir. Mc^-abe, iw*ith suggestions from Mr, Xiamb.

TThe sftntft tbtog Mr. McCabe did waa to try to mate appear tbat witness' ef\rJdenoe dW mrt tally with whatt he had testified at the examination at Annapolis about a month after the affair. Mr. M-dCabe read ifirom tht shorthamd notes otf that examfajattan (taken by am Inti*a«na.polts lady) im which it was apparently s&owh that Shianks had said that Mrs. K^lar's tbrwut was that "she wotttd knack her down in her tracks." In his evidence today witness said it was that "she would mash her bead." Witness said fhat he could mot state the exact language, but he be&eved it was that "she would mash her head in." He Went to Ja3» Phllpot's thWt day because Nannie Kellar sa.id tbey k-oew all about it thet-e.

He denied saying at Philpot's that if Ms sister was doing wrong it was the "be knew af It He had said at Pbttpot's that he didn't believe a word of it. He denied having thrown up Dan {Cellar to Clara, amd denied being the first person to speak of the alleged intimacy between them.

He" said the only time he said anything Wke It was Vh«i he had the mumps and Clara was to give the medicine. She Went' away and when het mother came in he said to her "Clara ten't hore to give me my- medicine sho •Ibe^h't, think of anybody but Dan and N"aii." He denied teHing- Albert MoKw "Ju!y."8th. tfia^ he hod tracked Clam *rp -the road as far as Kellar's T^Krf!

tffiis^nASnt' there #a% adl^Shtment

for dinner tSH 1:30 o'clock and the three KeUaxv were led" back to Jail Afternoon Sossiou. v-fes

At the atfternoon session Attorney McCabe continued the cross-examina-tion otf young Shanks. Witness admitted that he bad said nothing at the corqper's Inquest about having searched for Ws «isrter*s tracks. H« teattfled at the coroner's inquest that he baaed hie iCp^JusKHf otf tf^.pl^y [op_.tiiey a^«eajr-{ apce pf ©lafa'f

.tibit,

«u^qi^Sf

act4cB»:otf th»e J£«Ua*s oij» 43^ 9t lf«i dis^pp^arfui^e. Hp adiiwit feed tba£ he r^-i. roa^rlfed otau day ihatJ ^^fa went, away tshai there was nq way of telling, /what «h^ might-do. •.••-. .Witness d?nled telling, r& i^elgh^or that the .•C^aniijr quafreled, atrthe diijun^r,. table Saturday amd th&t Clara got ,up without eating amytbtag and was not seen again turitll her dead body was taken out otf the pool. fMr. McCabe questioned the witness about the at-* tempted shooting otf Kellar and said he had no Intention at killing htm until after his sister's death. It was young Shanks that first discovered that his sister's body was in the pool .and he admitted that at the time he believed she bad drowned herself. He leift the bofiy In the creek, returned home, procured a repeating shot gmn and went to Keller's house. He hatformed Kellar otf his sister's death and wheii the latter expressed surprise he shot at him but missed him. They were aibout twenty feet apart and the shot from the gun lodged' hi $fce door at the side of which KeJlsur was st&nd&ng. The latter came out af the bouse barefooted and in bis shjrt sleeves. Shamks said he ahpt to. kill when he fired at Kellar. LAWK&XCB SHANKS, CLARA SHANKS'

BROTHER.

Direct Examination

A. yes, sir. Q. Do

ypu

Mr. Sl.mms*

Q. State your name. A. Liawrenoe Shanks. Q. How old are you A. Fifteen years old. Q. You are a brother of Clara Shanks4?

remember the fatal 6th day

of July, 1885? A. Yes, Sir. Q. Where were you that day?

A. I was -at home. Q. tawrence, tell the Jury when you first Jearned, -if you ever did, about any trouble Wtweeni yo«r family and Mr. Kellaf's family.

A.On Saturday morning.' Q. What day of the month was that? A. 1)he fitb of Jirly. Q. Wtiat time lm the morning w*s it that you learned about it? -. a.,''

A. About 10 o'clock. Q. How did you learn .that fact? A. I was out to the barn and I came to the house and seen the folks out there talking.

Q. Who was out there talking? A. Dantel Kellar and Mrs. Kellar and Emma Cox.

Q. Where were they? A. They were across the road over on Da,Mei Khar's land, the KeUars was, amd my mother and Dan were on the inside otf the fence.

Q. 6ta.te to the jury whether or not you were close enough to* fiear. A. 1 was not.

Q. How long did they continue to talk there? A. I oould not-tell how lohg.

Q. State whether you saw Daniel Kellar there or not. A. Yes,. sir. '{,

Do you 'fcnww Whiat'^ in^pdria^^ut that quarrel? a:NO, sir.

Q. Do-yout know wh:ererr^g3^.w A. They went ht»me.\ Q. Who werDt home?-. A- Emma 'Cox and Nannie Kellar amd Dan Kellanr.

Q.They crossed over to their house? A. Yes, sir. Q. What did your 'folks do? A. Oame back to the house. Q. How long was it till dinner? A. An- hour and a'lhaltf, mayfbe" more, a little longer.

Q. Do you remember that noon-day meal? .v A. Ye3, siT.

i,:"

Seven Sat down to Dinner.

Q. How majiy sat down to dinner? JA. Seven. Q.Teffl the jury what occurred after you all ©at down and began to eat.

A. Clara got up and left the table. Q. How long had you been eating? A. I oould not tell how long. Q. "VV'hen ^he got up and leltt the fable where Kd she go?

A. Out the' front door. Q. When Was the last time you saw •her on th®t day?

A. Noon. Q. That was the last time that you saw her?

A.Ooing out at the door. Q. Which door? A. The front door. Q. Whet was done by the 4am By after she went out at the tfront door?

A. We Me our dinners. Q. Then wbat did they do? A. (EJtihel wenlt out fn the orchard to burnt for her.

Q. Where did you go? A. Northwest otf fhe 'house. Q. What did you "do after you hunted west of the house?

A. I stayed at tbe house awhile and while I was standing in the tfront room and my little sister was in the front yard and Dami Kellar came up and asked «it were Olarai they was bunting.

Q. Did you hear what Dan said? A. Yes, sir. Q. What did he say to Ethel when he first camie?

A. He asked flf it was Clara she was hunting for. Q.What did she say?

A. She saM it was. Q. Then what did he say? A. He said the girls saw her going up the road an hour ago.

Q. If he Indicated what direction, tell the. jury how he did ft. A. I believe he raised his hard.

Q. WljAt direction' did be point A.-Ea»t. The Search for Clara Shanks. Q. Then what did he do? A. Me and my sister wept up east and then dona the creek to the ifalls.

Q, How did you get to the creek? A. Aloy the highway till we came to the ere*!

Q. Wkat examination, If any, did you make you went along? A. None at all.

Q. Wlkat did you do when you got to the ci—k? .''-'"V A. Came back to our place.

Q. Whert ydu first struck the creek on the road, mean? A. I went down the road.

Q. "Where to? A. The Falls. Q. What did you do wiheH yob got down'-there.

A. I went to the pool.» Q. Wiiat did you do? A. I looked but could not see ttielot-' 'om.

Q. Tellf the Jury whether the watefc vas -disturbed. .v^' A. Jft

w(m

a llHle mudiy.^"

Q. Therr What d4d you do? A. I started back home/ Q. Wblch way tttd you "go Some?

A. I .came tsouflhwest.

TKkKF. HA tTTE EXPRESS, FRIDAY MORNING, JANUARY 3L 1896

Q. DM you see amybody on that trip? A. No, I didn't. Q. What time did^you

get

back bome?

A'. About 2 o'cfcock, I suppose. Q. Then what did you do? A. Then 1 aad my father and Pearley went up east again.

Q. Through Ch-o fields or on Kibe hlgbway? y.. A. AJkmg tbe highway for about half a mHe.

Failed to Find Tracks.

Q.^What twterelyou doing along the MgbWay? i-f' zhps r.J A. 1 Wfei

t&t

iQ^Bs.

i&yfoo

-5vy?" sm- -r^f

%a# lwflfea

A. -24y faflh^r feftd' my^brbther and niy-

Q. 'flow Xair did yiou continue t® exainine? A. As far a$ the samd goesijr

Q. Then what did you do? A. We oame back to the road. 'Q. What 'did you do tfhen? tr A. We wenit south about a qiianrer of mile amd th'en crossed the. creek and went to the Falls.

Q. Whose 'land was -that A. A1 ward's Q. Where did you go then? A. To the road. We struck the iroad just above itihe bridge. The same road we bad gone down.

Q. Who did you see, If,anyone, on tout trip. A. George Thomas and bis "girl just below tihe bridge. They were.coming up in a buggy.

Q. What were you doing? A. We were going down the road looking for tracks.

Q. D5d yo-u have

-a-ny

with Mr. Thomas?

conversatton

rt'

A. No, sir.

Q. What time diid you get back to the "louse? "vi^J A. I c-ould not tell you.

Q. What was done by any .of. you when you got baok? 0 A. I amd my brother went M'water the "horses. We went to Wolf creek 'to water them

horseback and then we

fed them. j. ,, :. f**1 Lgnrtnce Sluinkg

Cosntta HI* Testimony

Q. What was tlfe ntext thing? •A. We wemt to, C5ie 'ihjouse and I stayed at tihe house umitii wfoper. I don't remember just wbait 3iiri,e we had supper.

Q. Do you remefljbeS the ^reather t|iat evening? ,-T'r'*ii A. Yes it was !]rafoiW a little. Began /raSntoig betw^Mi^p and 6 or 6 and 7. It commenced W« had watered and fed the hors-e-s-TT^bout five or ten mi-nutes atfterwEurds.

Q. Did you see body.jelse on that trip? •a.

A. I was m1sta3&®r I .WThen

that first trip.

seen some on

WT^n I was at the

FbMa I saw a ocalpfftj'of girls. I didn't kwow 'tbem. Th'eyjwerfe coming up along the Fails, aibout te!ri or fifteen step3 from tbe pool.

Q. What itAme did you have supper and what ttane you did you go to bed? A. It must have been between and 6 we bad supper. About 8 or 9 we went to bed.

Q. Whait time did you get up next manning? A. It may Wave been between 9 a*nd 6

Q. What arrangements were made, if amy, when you went to bed, about continuing the search for your sister?

A. I was to go to my brother-«in-fla.w'3 the -next morning. I was going to ga when. Dam oamrie back from 'tbe Falls

Q. Did you go, Anflwhen? A. Yes, I went, ,T First atfter he came baok I went over to Jim Rice's aad as I came back I saw Dan ait Dan Kellair's and asked him to go home, and we went on home.

Finding Traces of Clara Shanks.

Q. After you looked west of the house I understood you 'to say you and your brother went to the pool the first place?

A. No. Me and my sister that was the second trip. Q. What did you do?

A. Looked for tracks aind saw tracks there. ... Q. Where were you?

A. I was standing there in the road, right south of the tfront gate. Q. What, df aaiy, tracks did you see there?

A. I saw her track'1 as I went right ouit to the road. Thej^went west Q. Where did tthey Wad from?

A. They lead flr6m Our gate into ihe mad.

Q. Are you able'r*t ^tate to this Jury whose 'tracks the^Were? A. Yes. sir. Th^ Vere my sister's.

Q. Did you follow, tliem up? A. No, sir. :t:' Q. Why? A. -I told my father :thait she went cA'er there after a, bucket of water and he came bstck 'whe^ I told him that

Cross Examlnatlqn By Mr. I4»mb

Q, You testified in this case before? A. Yes, sir. In Annapolis. Q. Did you tell .the count there about •huwting for your silster's tracks?

A. I don't know whether I did or not Q. You have rehearsed this examination with Mr. Simms several times, haven't you?

A. No, sir, not several times. Q. How oflben? A. Once is all. Q. Hawe you talked Wflth Mr. Pu*tt about it.

A. No, sir. Q. Mr. Maxwell? A. I don't know as I have. Q. How often have you talked to George Thomas about it?

A. I haw not taiked msury a time with George Thomas. Q. You dont remember telling the court on that preJEmlisary examination •that you found your sister's tracks on the road leading west?

A. I don't know. Q. The faict Is that you didn't. A. I cain't say for certain whether I did or not.

Q. You would not forget this soon? A. I might. Q* You have got a very good memory? A. I dont know as ft is better than some other's memory.

Q. You looked for your sister's track., and saw them, but you didn't say anything about art on the preliminary examination?

A. I don't, know as -I did. I may and I may not.

ri-"»

Q. Was jnolif-dowifa* the preliminary examthation A. I d»nH know.- J:

Qf. Did you eee a l^dy reporting it a* you see that lady moW? A. I don't thinkjf dl'8. I don't tbtfnk saw a lady.

Q. You sat r4gbt beSside her? A. If I AM I didnt -e^e her. Q. If there was" ^ady there you didm^t know it?

A. No, sir I di^t kfttow ft.- f* ,fir what the Coroner's #iry Revealed^ Q. You testified beitor^ the coroner?

A. Yes, s4r. It wna Sunday. Before the pretahtowtfy-. q. Did you teit the corawer ttiait you Wfid the tracks of your siytee going w'A.

e^?

v.v

O. WiVi was w^th you? A. ifctfiieS:•'**'*-'-

Vj5^

A., It mtght aad It Jttlgrht Q. It migiht be amd ttoam nigh* not be—who told you to awwer a question that way?

A. N«o4wdy.'

Q. That te your answer. Do you think there is anything fuoiny about ttois ca^e?

A. No, sir. Q. What are you laughing about? A. I was not laughing. Q. You met it wo young Iadlos? (A- Yes, «tr.

jQ. -I»d you

ia^c

jthen whether .they

had.seew yoq« irtrter.?4 At sBKR

t''

XI. Btf fretf tfhd 2 1 ^-v A. Nd, ytf bbiy wi^re HaS^'m^ 'flteter hiid'beehP

&.<•WSm 4«4n't you? v^ 'in. a fsaowt why^ iQ. You weed looking for •A. -Yes 6ir.

Your

OTOthei*

had sent you to look

for her? A. Yes, sir. k'||

Diid your mother tell you not to ask juniybody about her? A. No, sir.

Q. How far did you walk? A. 'I walked nine miles. Q. You were looking for your sister amd you met two young tadles: amd you didn't tell fh'em what you were ctoing, ind you didn't ask-anybody else?

A. No, sir. Q. pjid your terttaer tell you ncrt to? A. No, sir. Positive as to

Seeing His Sister'* Tracks.

Q. And you have no reason to give a the Jury why you didn't ask them whether tlrey had seen your sister or not? «t *t -s

A. No, sir. Q. Tell the Jury Jf it was your sister's tracks you saw?

A. Yes, sir. +i**i

Q. Are you positive of that? A. Yeis,

J',

Sikr. ''j

Q. There couJd be no mistake about it? Another girl walking along there with the saane size foot would not make tbe same sitae track?

A. She, would not make the same kind of a track". Q. Yon oould identify your sister's track?

A. Whesi' tfhe W^aa bai^footed: She had a. flat foot, made a fiat track. Q. Would not "ail -tracks made by barefooted girls be flat tracks?

A. iSome hfcve higher rrwteps than others. Q. Amd you could tell the different tracks by Use height of the instep?

A. When ft was real dusty. Q. What slae foot dM your sister have?.

A. No. sir, Q, WJJiat tkne in the morning was it when your sisters went over to Kellars alfter Water?

A. I don't know whet time it was. I was not to the house at the time. I did not. know what time it was.

Q. Di(J you see her go? A. Y?s. ,. Q..Hs kve yop any judgment about the ttaije yf '^•ag?. ,,.. sir." flf am not a: very gooti hand to guess at the time of day.

Q. Was it before or after, breakfast? A. After breakfast. Q. What time did you have breakfast?

A. I dem't knoW. About 6 o'clock I reckon. Between 6 and 7. Q. How T^nig- after breakfast was it that your p'ster w^nt to Kellar's?

A. I could not say. An hour or an hour and a half I reckon. Cs Q. Between 8 and 9 o'clock.

Q. Did you hear your mother tell hep 10t tO gO? .... .... ... A. No I don't know as I did. I was at the barm

Q..You didn't hear her tell her mother she was going whether she wanted her to go or not? g.

A. No, sir. Q. Did you bear her talking to your sister? ,:^v^

A. I know they met at the steps. Q. When she went which way» did she go?

A. She went around the road to the turn and them walked down the roaid to KeMar's gate.

Q. Do you know which way she came back? .. A. No, sir. .......... j.

Q. Do you know whether Mr. Kellar was at home? A. Nf, sir.

Q. What time -was it fn the aftemoom when you started out to search for your sister?

A. About 1 o'dock. Q. What time was it when she left the table and started away?

A. About 12 o'clock. Q. You met Mr, Thomas end his daughter?

A. Yes, sir. Q. Did you see amybody else on the road? How many buggies did you see on the road that afternoon? The one running west?

A. I believe that is the only one I saw. Q. About how many did you see on the road running north?

A. Two or three. Q. Did you see any men riding horseback? Did you see Mr. Derrman?

A. I don't believe I did. Q. Did you know Where the baseball match was to be?

A. Yes, sir. Q. Where was it to be? A. On James Rice's land. Q. How far south was it from Dan Kellar'8 to the baseball park?

A. It araft bave been a quarter of a -mile. Q. Ami

amybody

110

fiel*T

r. hk, m# *.

I d*i't know that I dw.. Q. Your memory was fresher wien than it is now?

A. I suppose would be. -4 Q. And you knew better then What hamw»d- tTham mwj 4 ilbex ""•f-

W:\.,

I®: 111

going to the basefoaU

park from ttc north, east or west would 'have to go by Dan Kellar's house—there was

other road?

A. Yes, «ir. Q» How far Is it acrosfc the fields from Dan KelMr** bouse to the falls of Wolf creekt

A. A half a mile or little over. Q. Isn't It a mile? A. No, sir. Q. How far is it around tfhe road? A. It might be a MttJe over a mile. Q. How far te it from your houveacross the

A. About fnAf mile.*' 4'Witoess excused. Pearley shanks' Testimony. Pearley Shanks, age 13, brother of Clara Shsunka, corroboratted the testankmy given by tbe last witness, Lawrehce Shamtea

Bertha Ktbel Sbaafcs.

Bertba Btbel Shanks, age 10, sttter Clara Sfomke, oorrobonKted the tesMmosny gtven by her brother, iAnraiw Staa&ks. StaitSng, also, thai she made tbe first search for the mMag gtrt. g&ing to the ordhaird. She also (testified to basing seem Maggie KeUar at tbe smn iner kltobm wtodow durtog tbe after-

flocm erf «be ath of July ^pokUiff toiiwrdk tbe Shamks homa. awrenoe 8haw« (Boca***-)

Teabttted 60 bating seen Maggie Kellar sbt the sumoner kiWtoen window four or five times a dwy during the afternoon of the tth matching the S banks people. &t»v

Pearley Shanks (Recalled)

Testified to hawing *seer» Maggie Kellar ait the summer kitchen window during tbe afternoon of tbe Wh watching fhe S harries people. si UMIWil»ti. I I *»,*

DliMt BxtnlmtMd ByBlr. Simms. Q. State your name. A. JameA J. Wilder. Q. Where do you live? A. Waveband. Q. Do you remember the 6th day of JtUy, 1895?

Q. Where dM you Uve on the 6th day otf J*uiy? A. West otf JiucJkBonvlltei.

Q. Tell the oount where you lived with reference to the Shanks amd Kellar tauses.

A. I Bve north amd a tittle btt west Probably two amd one-half miles. Q. When you went over to Grange Corner what time did you leave hotne?

A. About 12 CdZbidk. Q. Im going to 4b« ba£I game at Gnamge Comer would you pass the Kellar house? ..

A. Yes sir. Q- Tell tbe Jury what .time- of day you got there.

A. About 32 or 1 i)'c!ock. Q. Give the jury your best Impression of the time you passed the Kellar house.

A. I would say 'twenty-five -mtmitea of 1 as near as I c#tn remember. Q. I will qpk you if you observed the Kellar house when you passed it as to whether tbe

Jootb were

A-1

A. She ."wore a 5 fihoe." Q. What size do you wear? A. I wear a .7Q. Your foot, was bigger tham your lister's?

A. Yes, sir. ,S£ Q. You. didrtft Tha/ke -the same size track when you "jr^re barefooted?

A. No, sirQ. How far did you walk up the rdad —I mean west?

A. I didn't go down the road west at all. Q. You didn't ewn go to the corner where tbe road1 runs south?

A. He was dalving. Q. Wbat were you dicing? A'. Sitting itfctere in the boggy talking. Q. Which side were you- on? A. I was on the left, on the same side the bouse was on.

Q. State to the court whether or not you saw Damiel Kellar that atfternoon? A. Not at that time.

Q. In passing by that house in a buggy as you went alcxng, state whether you could or oould not have a full view of all of the front yard?

Mr. Beosley, we object-Jr" Question witfhdraJwn-.

wsas^^m

I i-

closed or open?

A. They went? open. Q. Wha/t door? A. The fvomt dbor of itihe log part.

will arik you if you daw amybody

as you went past /those premises?

iHS

A. Yes, sir. Q. Tell the Jury ^nhom you saw. A. I only saw Maggie Kellar thait I recognized. ».

Q. who ^Ise did you see? -1

v-.

A. I saw two other •women'. Q. Tell the Jury 'Where these wtmien were.

A. Thety were in front of the tfeW, back im the house. rti- v-* Q. Where was Mtagigle Kellaif #ith •reference to the door? 'A. At .the south side. -V%V w^'""

Q. Where Were the orti-er women? IAL One was back fn front of «he Joor and the other was 4t the side on the norifc.

Q. Teffl the Jury What they were dotog. 'A'. Ttoey seenwS to be ^lttimg there.

Q. How were you traveling? A. In a bugOT. ,' Q. AHooe or w4t!h someone? A. Mr. Phflpot was aJong. Q. Were you dniviing or was he driv•fng?

Crogs-Examf nation by Mr. Lamb, Q. Where do you live?/ A. Wavetfamd. Q. How long baive you lived there? A. Two and one-balf months. r.4 Q. What are you doing there? A. I aim working by the day's work at the plastering trade.

Q. Are you working at fhe £laitertng trade now? A. I haive been until last we€k., I' finished up my Job.

1 1

Q. You are not working' any place sow? A. Ns* Mir.

Q. Ho»w long have you been working at that Job? -fr: -^r A. I could -not tell just hjbw1

ii0o

days

at that jab. Q. Well, about bow many, a week or ten days?

A. It was longer than that that I worked at,thait Job. Q. TeH the jury how long you have been working at that jcb.

A. Probably commenced about nfgh a month ago. Q. What did you do before that?

A. I didn't do much 'otf anything. I moved over there. Q. Wbere did you move from?

A-J-ackviUe. West of there. Q. How fax west of Jaokville did you Ove?

A.- T^wo «rtd three-quarters miles. Q. How Jong had you 'lived there? 'A. I believe It was since April. 1895. Q. You lived there from April tfll July before tbte incident occurred that you mention?

A. Yes, sir. Q. What were you doing there? A. I stayed with my father. Q. Where d4d you live before that? A. (Mr. Joseph Pbilpot's place. Q. How long did you live there? IA. I don't know just how long we did live there.

Q. Are you a marrted mam or single? A. I am manned. Q. Were you aad your wife living at your father's? I

A. YeSs sir. you bartre a distinct recollection about tbe July

A. iTes, sir. Q. Where were you on the 5th? A. I oou-ld not tell just where I was on the 6th, unless I was at work for Mr. IPMipot.

Q. Where were you working then? A. Mr. PbUpot's. .Q. Were you working for him on the 6«h?

A'. I don't remember Whether I Was working that day or not. Q. What is your best recoHection?

A. Pt seems as though I was not. I would not be positive. q. Wbat wero you d«lng onr the 6th?

A. I don't know that I was doing anything in the forenoon. I went to the ball game in tbe afternoon.

Q. You have testified in this case before? T' "U" i'A. Yes, sir. 'l

Q. Did yon tett the Jury* you didw't know wharf: you were doing on the forenoon otf the 6th of July

A. I tbtok I waa at town, Jackvllle. Q. You are tioi certain about? A. No, I could not say positively. Q. When you testified before upon •tbe praflinrinary exsrotaaittoii, you testified tbait you dfctoiH- know wbere you wepe on the momteg of the 6th?

A. I don't remember. Q. Cam you (remember What you todd tbe oount aa to wbe» you were to the fopembon of tbe 6th? iv---- -1'

A. 190, r' Q.mda't joo Ml «h$ larvfitlv?,

A. I reckon I did. Q. If you texki «he truth What did yoated them?

A. I don't know without I told then* I was at JackvJMe. I said I don't ie-». member.

Q. You dont remember? A. I say It seems as though I .did. Q. Your evidence was taken down? A. I reckon It was.

Thinks His Byesiffht Was Good. Q. Did you see a lady eatttag thtere? A. Mo, sir. Q. Tou.arevnwt blind? ,^,V I A.* No: iir. rH I Bf I Q. Your eyesight to exceptkxnallly good?

•k: »i

A. Yes, sir. 1 /t. Q. to you tooo# tf'ere" on that day? *t

A. know where I w&s on the afternoon. 'I was ait (Strange Corner at the baHl gaime.

A. Yes, sir. Q. So good ttbst you csould eee.tlsrea women where there were'oMy two?

A. I saw three wbere there wens 1 ,•

Q. You were rtdtng along the puhfeo highway fn a buggy, tbe mam B^tttog beside you was drfvtag, amd you were going south, amd you were iead&ng .& horse weren't you? DM you tea the Jury that?

A. Yes, sir. I told fthetm I was leading a horse behind. Q. You say that you told tMs jury, that you were leading a horse?

A. I donU kmow as I fold them this tfitne. Didn't you just swear that you told! tbe jury that you were Heading a htwse?

A. That is wbat I saM there. Q. What do you Say now—that you told the Jury here you were leadihg at horse uratH I made you do it? Now, What do you say as to Whether you told them &n amswer to Mr. Simms thait you were leading a borse? I

A. Probably I didn't. Q. Probably you didb^L Now, Is your memory so twd that you camt remarry ber from the time thiat you amswerw Mr. Simms until you said What yell just now said?

A. I itbtnk my iwelmory Is all right. Q. Aindy ert you tel this jury that you bad told this jury that you were leading a horse—dixJn't you tell itbem that in answer to my question?

A. Yes,sir. Q." You are mistaken aibout that then. Didn't you tell ithe Jury that you were riding along with Philpot, and toe was driving, amd you were talking?

A. Yes, sir. Which Hand Did He Use. Q. In addition to tbat you was leading a horse with your right hand?

A. Yes, sir. -'j Q. And that'you Kdnt tell them? A. Mr. Simms didnt ask me. Q. Dido't he ask what you were doimg? '-u

A. Yes, ^r. sju^r Q. And yifi^. dfdp-'t tell him you were leading a hor&e?

A. He-rdBdtt^ a®k '3fi^^ Q. Yott s«ey mr. SiiA-mi didn't ask yon wbat yoaf wefe d*}tag?a

AySfc*-#** *r Q.:Abd'you answered"tjrat. you were talk^Jfig'to Lee Phfloot^and be was sttJtin'g west of you 7^

A. Yes, sir. *rs Q. Amd yoa,w«pe.'$Qitii(. faoing that way, amd you were leading a horse behind you?

A. No, sdr. Q.What hand Wdre yoni holdlbg with?

A. I was not holding ft. I bald the rein between us and jttsrt "thrown over my knee, with my left'bamd on St.

Q. Which haired was it—why do you tefll the jury it wai mot your rfgb* band?

A. I didn't lead it -tfSth tbe rEght hand® Q. Didn't you say "When I asked fcra if you were leading it with your right hamd

A. I said no. Q. I said with your right hand, and! you said no?

A. Yes, sir. Q. You are just as certain about that as anything you testified to?

A. About which? Q. To my asking if you were taacffttg that horse with- your right hand?

A. WitJh my le-ft band. I said wlthi my left hand. Q. You did?

A. I understood that you asked 4tf I were 'leading the horse with my Jeft hamd.

Q. You had your right hand on tba rein? ., A. Ye». sir. ,, ".

Q. And you were facing Mr. Philpot and talking to him? A. No, sir: I was mot facing hfm.

Q. You were not lookSng at blm? A. No, sir. q. were you' looking at youi* horse? A. No, sir. Q. Was the horse in the buggy trotting or walking as you went by KeUaarfa hou90

A. I couM not tell whether it was trotting or walking at that time. Q. What was the horse doing thai was behind tbe buggy you were leading? Do you know whether be was walking, or trotting?

A. No, sir. Q. Do you know whether be was walking, trotting or galloping?

A. No, sir. Q. Do you know whether he was galloping or not?

A. iNo, sir they were not galloping. A. Which do you meomi, that you don't know whether they were galloping or mot?

A. Tbey were not galloping, or I would have noticed them. Q.

But they might be trotting or wal)?Ing amd you wouldn't notice it? No answer.

Q. Lee Philpot was sitting on youl right side and the Kellar house was here to your left. .'

A. Yes, sir. Q. And the door was open? A. Yes, sir. Q. About twenty-five minutes of 17 A. Yes, sir.

Declares He Saw Three Women. Q. And you glanced around and. reo agnized three ladies there?

A. I saw three ladies. Q. Amd you can't ten the jury who' but one otf them was?

A. That is all. Q. Yon recognized M-aggrte vou could tell where each of the three sat?

A. Yes, sir. Q. And you looked at them aJ17 A. Yes, sir. Q. Tefl the jury what sort of clothe* they had on?

A. They were dark clothes. -'V *. Q. Are you certain of that? A. Yes, sir. 'T Q. Which room were they In? A. They were in the middle room. Q. Were they young or old ladies? •A. I oould not tell exactly. I didn't know Who they were only Maggie.

Q. Did you know Clara Shanks? A. No, sir. Q.

Did

you know Mrs. NamMe Kellar?

A. No, sir I was not

acquainted with

Q. But you knew Maggie and recognized her? ,t A. Yes. sin

Q. How wide open was door? A. I suppose it was clear open. Q. It was wide open so you could see. clear into the house?

A. Yes, sfcr. Q. And these three ladles stttrag, there?

Tetf, sir, (Continued on Sixt}

6 •».'