Terre Haute Weekly Gazette, Terre Haute, Vigo County, 13 February 1879 — Page 3
'HE WRECKERS.
Continuance of the Trial of Jackman and Knight.
I 1 5
General Belief in Their Guilt Though a Determined Defense is Being Made for
Them.
One of tUe Most Important Trials, to the Public, Ever JLaiil Before a Jnry In
This County.
From Thurailay'i Dally.
This morning the trial of Knight and Jackman, accused of wrecking an I & St. L. train on the 8th of June wan continued in the criminal court. The first day's evidence was given yesterday and it will all appear a£ presented in these columns.
The action is of great interest to the public. The crime of throwing switches is a most heinous one and no extent of scrutiny Is wasted which tends to ferret out the" criminals and bring them to justice. It is thi worst sort of murder because the most wholesale, ip ifs probable consequences,
The circumstances ofthe cas? are perhaps, familiar to all our reader but will bear a brief recapitulation. Some time after the commission of the crime, Wilson, Kehoeand Chiisfnan were arrested and when tried were acquitted. Knight and Jackman were the principal prosecuting witnesses and made determined efforts to convict the men. They were suspected and arrested and are now, themselves, on trial for the same crime. The court room is constantly crowded and much interest let taken.
The case is admirably conducted on both sides. Prosecutor Kelley has associated with him, Mr. Sant. C. Davis, whose frequent salliM of wit keep the house in good humor, and Judge B. W. Hanr.flr.
Messrs. Buff & Beecher, who are defending, contest every inch of ground, and are doing their clients excellent ser vice.
The first witness examined this morning was Lawrence O'Donnell, & watchman at the bridge. He swore that Jackman and Knight did not pasfe over the bridge qri the night of the 8th ofjune.
Hon. Bayless W. Hanna testified re spectint the statements made to him by Walsh regarding the 'confessions of Knight and his accomplice and Lieutenant C. E. Vandever sworn to the same
MRS. Wt WON,
wife cf the man lately acquitted is'an important prosecuting iVitnr.ss. She swore she saw Knight and Jackman unlock the switch. Her testimony on this point is as follows:
The HUM. stood close together. I could see one oi ihem working at the key. I was standing behind him at the well saw him take hold of the lock, which was on a chain. 1 was standing near the well ju6t as I stopped I heard them make the remark. I next taw them after 6un down *s I started for a bucket of water I saw them go toward St. Mary's.
Tho conversation I heard was the next week, at the house. I didn't hear exactly what they said. I heard the words "St. Marys" and "wreck." They didn't see me when they repeated the* words. One of them told the other to keep still and Jackman said I didn't have sense enough to tell anything.
Knight came to my house one night at ten o'clock with a pistol in his hand. He threatened my daughter and told her to 6top going into the middle room. He said if I moved or said anything he would blow my brains out. (NOTE—The daughter's subsequent testimony on this point is hardly corroborative.)
This was before my husband's trial. I had not told anyone what I had seen or heard and no one knew to what I could testify 1 do not know where he got his information. I gave him no answer in any way and he then went away. He held his pistol in his hand all the time he was there.
I was so seared that 1 didn't see what size pistol it was. Qj— How do you know whether it wa a pistol or knife
A.—I guess he would not have said he intended to shoot me if he had a kn fe. —Do you know who it was that afterward shot at you
A.—No it was extremely dark. our husband was tried for this same crime, wasn't he?
A. Yes. Knight and Jackman appeared a% witnesses against your husband, didn't they?
A. Yes. Re direct examination: The jtir decided for my husband in the laie trial and he was acquitted.
DANIEL SHEA
was next put on the stand. He is a very hard witness to get answers from. He said:
Last June I lived in Fayette township. I remember the wreck that occurred at St. Marv's on the morning of the oth of June.
I know Jackman and Knight. I saw Jackman .the day before the wreck.
He was coming to Terre Haute, at midday and said h« was going fishing. I did not see Knight.
Cross examined by defense: ,"*• did not live at St. Marvs then. I had known Jackman for about three years previous to the event. -t
When I saw him he was goirig east and was carying a fishing pole I don't think he was more than a hundred yar from me he was walking from me when I saw him.
The time when I saw his face was while he was passing me. He went fiftv feet while I was looking at him when first saw him his side was toward me and I saw his face.
I saw him coming back west about a half an hour after I had seen him going
east. I told this story to Messrs. M/ck and Falsenthal I am not sure whether they are the first persons 1 talked with, but I think I told it next day.
JULIA CHRISMAN
was examined. She is a daughter of one ofthe acquitted parties. She said: I live in St. Mary's I was there when the wreck on the I. & St. L. occurred, and I remember the event.
I know Jackman and Knight. I saw them below Watt's mill ilter three o'clock on the day before the wreck. Jimmy Wilson was with them.
Cross-examination by defense I am fifteen years old. I saw them on Saturday as I was going to get veast. We were going to bake that'day.
I came down from our house from the railroad and took the track and went up towards Mrs. Wilson's.
My brother wis not there with them I think he was up by the mill. They were fishing at the south side ®f the track, down the hill a little distance.
I 6taid just a little while at Mrs. Wilson's, but did not get the yeast. She didn't have any.
They were fishing a short distance from the culver:. I did not stop to look at them, but passed right by.
MRS. GEO. AXFORD
.. 'j i'
was put on the stand. ,,
t.
I hve near the Sixth street depot. I remember the wreck at St. Mary's. I keep a restaurant, and my house was not open on the 8th of June." Jackman was not at my house. ,A, ... ,v *-t
l(
Cross examination: My brother attends to much of the business.
The reason the place was closed that day was on account of the,death of my us an
My husband died On th6 3rd of June, and did not open the place till Jhe .9th. WILLIAM KADEL .T: examined:
I am an engineer was running engine 56 on the I. & St. L. road last June. 1 remember the wreck which took place at St. Marys I did not take out my engine that night.
I remember saving that it was a mighty lucky thing I wasn't out on the road that night because the accident would have happened to me.
B. F.QLARIv jl.ij?'
testified as follows:-- I I knew John Walsh was present at B. W. Hanna'* house when Walsh came there to see him on private business, arid made an appointment to see him on the following Sunday there was a policeman with him.
MARY WILSON-
a little girl,daughter of the acquitted man Mr. Buffabkeapermission to put a few questions to her|t« see if she was a competent witness. She told him in answer to quiries that she was fourteen years old and could neither read nor write. He continued:
Q.—What did you swear to do just now? *v. A.—To te.ll the truth.
1
Q.—Do you know what will be done with you if you don't tell the truth. A.—(As quick as a flash) I will go to the devil.
Mr. Buff joined in the hearty laugh which ensued over the entire room at his expense.
The little girl's further testimony was as toUows: I was at heme the afternoon of the day the wreck occurred.
I saw Knight once at our house. It was the time of the shooting. Cross examination:
I do not remember which day it was I saw Jackman and Knight fishing my brother and Julia Chrisman's brother were with them.
They were on the oorth side of the track. Vliss Chrism an came to our house that day to get some yeast, And staid all day she was not in a hurry. [Note.—It will be seen that the testimony on this point differs materially. Julia Chri6man said she got no yeast that she was in a great hurry, and went back home right off. This witness also testified that there were two boys fishing with Knight and Jackman, whereas Julia Chrisman declared positively there was only one.]
When we came up to-day my mother told me to tell the truth and nothing else.
The next day after the wreck I talked over the matter with Julia Chrisman it rained, and she came "to play yrith me.
EMMA WATSON.
I live on Eleventh street I came here on the aoth of last August I am acquainted with Jackman and Knight first knew Jackman about three months ago two or three weeks after that he brought the picture of his wife, who had died.
I remember the arrest of Kehoe and Wilson I had a conversation with Jackman on the matter he came in about eii'ht o'clock he said "we have got the men now who threw the switch."
I told him I thought he was one of the guilty parties he said, "vou are damned right 1 am."
Cress examination: lackman came three days after the arrest of Wilson and the others I don't remember what day of the week it was he was there most of Ihe time until he ent away with the detective.
He went away some days after the coniession he made to me. Jpvjr* I have known him about three! months.
The witness was asked particularly whether-she knew that Jackman was in Chicago three days after the arrest of Wilson, and she positively declared that she did not, and that he was at her house.
The reason I told Smith about the confession was that he was "a particular friend," and he asked me if I knew anything about it I did not consider that I ought to tell a lie.
Jackman came to our place, which is a house of ill-fame, and had his wife's picture. He hung around there much of the time, and "was married on the European plan" to Miss Johnson.
At this point the court took an adjournment until two o'clock. The prisoners seemed to be much pleased with their case and the audiencf almost equally pleased at what they think the prospect of a conviction. /&• AFTERNOON SESSION.
Officer Hausmen testified as to the
ISSW
?3?„
terre haute
versation he and Walsh overheard in the shed substantially the same as given bv Officer Walsh. The cross examination was very rigid. The witness said:
I saw Jackman and Knight first they were dressed as usual—Jackman in dark* clothen, and Knight in brown. When we saw it was Jackman and Knight w«5 both lay down together Knight seemed to be ahead of Jackman they w«re talking as they came in Jackman spoke first after he had been laughing he said, "Now, we have got them fellows in jail. We are the parties that turned the switch."
Knight said: "Jackman, hush up." This was on the 23d of November, the first day after the arrest.
Jackman said: "Now, we must send up the son-of a-bitch, Kehoe old man Mickleberry will furnish all the money to send them up
Knight made no responce. Jackman also said: "After we get Kehoe sent up we will be free men and can walk the streets of Terre Haute and the railroad wont proscute u»."
Walsh and I have not compared our recollections since the trial commenced. After we overheard the conversation in the shed Walsh and I talked the matter over and concluded not to arrest them th^n as we could get them any time.' 1'
The* reason I allowe3 the trial ot Wil son and Kehoe to go on was because I thought they could not be convicted since they were not guilty. If they had been convicted I would have arrested these men and had them indicted. (Note—Officer Houseman's evidence is clear and entirely corroborative of Walsh given yesterdav.)
T. W. SMITH
JENNIE JCHNSON,
an east end prostitute, was examined. She says she knows Jackman don't know when he went to Chicago, but thinks it was three days after the arrest of Wilson and party. He wrote two or three letters to her while there. The last week she got no letters. 13
JAS. FINNUCAN
testified that he had seen the letter. PETER STAFF said that through him there was contract mads between Mickelberry and Jackman, whereby Mickelberry was to pay Jackman to prosecute these men. Jackman wanted one thousand dollars. After some negotiations M. agreed to give them five hundred dollars. This was before Wilson and Kehoe were indicted. The contract was completed, and M. paid them five dollars on account. He produced a receipt showing that he had paid Knight five dollars.
Cross examined by defense. The receipt was to apply on the contract. Jackman first mentioned the negotiation to him, he thinks. Jackman's reason for this was that he feared he would implicate himself if he made any overtures with Mickelberry himself. The contract was made in his (Staffs) saloon, and Jackman and Knight were in the back of the saloon.
Witness gave as reason for this that he was working for the railroad officials that some one had given witness a letter of recommendation to Mr. McClure and McC. had 6ent for him.
Witness further stated that Jackman had employed him because he (witness) was a responsible man.
This closed the evidence for the state. Mr. N. G. Buff, one of the attorneys for the defense made the following opening statement. SYNOPSIS OF OPENING STATEMENT J^OR
DEFENSE BY MR. BUFF.
We have purposely deferred making any statement in behalf of the defense until the state should have presented her whole case. You now have fresh in your minds the evidence upon which the case rests. And now we will disclose to you briefly our defense.
You will see that the state presents two distinct classes of evidence. First, an array of circumstantial facts, pointing to a guilty knowledge at least on the part ofthe defendants of the crime charged. We expect to be able to explain those circumstances, and to show that they are in the main the creation of the prosecution, made and used by them in the prosecution of other and different parties for this same crime. The evidence which these men gave on that former trial they will repeat here, and adhere to the defense of their innocence.
If that evidence was exaggerated or too highly colored it was the result of the hands ot* this present prosecution, who were moulding and shaping it.
Second, The defense relies upon the direct and positive evidence of sundry witnesses, who pretend to have heard
Weekly
"Vffcd
was examined: ..if},* i,»w I know Emma Wat«on| but did not hear her testimony. I went to Emma Watson at the instance of Mr. Kelley. She made statements to me about the throwing of the switch.
The records of the court and the inindictments against Kehoe, Wilson and Chrisman were introduced in evidence to show that these men had been acquitted of the crime.
^jt
The case is being continued. From Friday's Daily. '^YESTERDAY AFTERNOON.* After the GAZETTE'S report of the trial of Knight and Jalrkman, charged with throwing the I. & St. L. switch at St. Mary's, closed yesterday, the following evidence was introduced by the proson O tftft)fikxxrtxfl'•i
3
-HI '*4
was examined. He helped to arrest Wilson, Kehoe and Chrisman but does not remember the date.
A letter purporting to hayebeen written oy Knight to Jackman while the latter was in Chicago, was introduced. The letter was written by Peter Staff for Knight. He tells Jackman to stay where he is because his life is threatened that they are looking for him every day and night and swear if they get fyolc^ fC him they will hang him. r,
He also tells him not to write (o Jennie Johnson any more as she will give him away and that they have the case "solid" against Wilson. He expreses the hope that they will come out all right yet.
The letter was sent to Jackman, in Chicago, in an envelope addressed to Detective James Finnucan. It was delivered to Jackman, and handed back to F., who sent it to the railroad company
gazette.
these defendants confess their guilt out of their own mouths. We expect to be able to show that these pretended confessions are unmixed fabrications.
As to the evidence of the two policemen who pretend to have heard this most remarkable confession under most remarkable circumstances, we expert io show, in the first place, that at the time fixed l»y them, the twenty-third day of November, that Jackman was in the city of Chicago under the keeping, if not the training, of this railroad company and remained there until brought here to testify. The same fact will also answer the pretended confession made to the woman Emma Watson. Jackman was not here but in Chicago at the time pretended.
We shall also rely much upon the inherent weakness of the evidence itself, its utter improbability, but which w£ will not discuss till the proper time.
We shall show that the whole prosecution is remorseless and cruel to these men. That they are innocent of this crime charged we expect to be able to establish clearly by the evidence which we will now, on their behalf, lay before you, and until that is done I have perhaps said enough.
THIS MORNING.
The court was again crowded. After the transaction of preliminary business the defense, introduced evidence as follows:
GEO. JACKMAN,
one of the defendants, was put on the stand: Remembers wnen the wrecking took place was part of the time at McKeen, 111., and part at Terre Haute the day be fore the wrecking was working for Mr. Eldredge and his son at McKeen leading saw dust had been working for him for a week. Left Dennison at half past two o'clock in the afternoon came to Terre Haute about three o'clock was here until about half past nine o'clock. Was not at St. Marys fishing nor near there on that day met Knight in Terre Haute that day.
Did not pass Daniel Shea's house that day going fishing went back to McKeen to work either the following Tuesday or Wednesday. Did not have anything at all to do with the wreck and had no occasion to do so. I remember the time when Kehoe, Wilson and Chrisman were nrrested. It was on Wednesday the 20th of November. I was in Terre Haute on the next day (Thursday) most of the time. I was ttlth Mr. Finnucan who was work ing for the company as detective. I remained in Terre Haute till Thursday night. Went first to Mattoon on that night. I have a pass from Mr. Brown which I got through Mr. Finnucan. We left on the train that night. I went at the request of Finnucan and stopped at his house at 6 o'clock on Friday. On Saturday after I arrived there, I was in Chicago stayed there about three weeks. On Saturday November 2 jrd I was around with Mr. Finnucan in Chicago and that night went to the.theatre with Finnucan's son.
I heard the evidence of Walsh and Houseman I never made use of any such statements as they report. I was not at Peter Staff's on the 23 rd of Novem ber. The last time I was there was at 6 o'clock on Tuesday evening. I think that was as late as I was there. I spent the evening before taking the train at the Henderson House. I aid not go on that evening, nor at any other time, with Knight to the stable near Staff's, and hold a conversation with him about the wrecking.
The witness denied in detail all the statements imputed to him by Officers Walsh and Housman. 0^
Witness had heard the evidence of Mrs. Wilson. Was not at the mill switch on Saturday, the day before the wreck nor did he attempt to work the lock at the switch. Never said to Knights "This will do for our work for to-night" nor ever had a conversation with Knight at his house about the wrcck.
I know Emma Watson, the woman who testified I did not have any talk with her three days after the arrest of Wilson, and never admitted to her that threw the switch.
I 6aw the letter addressed to Mr. Finnican, while in Chicago it was not broken. I read the l*tter, and then gave it to Mr, F. The woman alluded to is "Miss" Jennie Johnson. I never had any conversation with her bi fore I left about my complicity in the wreck. Our letters were merely those of "friendship."
The railroad comoany paid my expenses in Chicago. 1 had conversations with Mr. Hanna and Mr. Finnucan !about the wreck.
Cross examined by the state. The message to Mr. McClure was presented to witness.
Do yoii„ call, that an order for a pass? isWlt* A. No, it is a message, and Contained a pass.
It was sent by Mr. McClure to Mr. Brown, and I got it from Mr. Funnican at the depot. The message and the pass were sealed up together.
It was handed to me by Finnucan at about nine or ten o'clock I saw the telegraph operator hand it to FiDnucan. The
Swas
to Mattoon and said "pass Geo. tnan on number six." The train out after one o'clock. I do not know when the pass was sent for, but I got it before the train came in.
Did you not say you left Terre Haute on the night ot the 2ist? Was it not on the morning of the 2J.id? '.
q! What time? A, About half past one o'clock. What shape was the pass in? Ans. It was soft and long and was signed by E. B. McClure.
W id to Ans. About ten o'clock. I made up my mind to go to"Chicago »n the afternoon of the 21st about two or three o'clock. I went at Funnican's request he said some one might kill me. I heard threats through other parties. In the trial of Wilson, Kehoe and Chrisman I testified that I went to Chicago to visit Funnican but I had two reasons.
I heard that Bill Burns threatened to injure me. I worked for M*, Eldridge at McKeen worked for him a wisek loading sawdust I was there until Saturday until two o'clock. Don't remember how many cars of saw dust I loaded tvhile there I am not sure whether I wedk (hoc on
(Continued on Sixth
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