Terre Haute Weekly Gazette, Terre Haute, Vigo County, 13 February 1879 — Page 6

THE WRECKERS.

(Continued From Third Page.)

Monday or Tuesday I boarded with Mr. Eldririge. I was not away from there frem Tuesday umil Saturday.

McKeen is eighteen miles from Mickleberry's house the dirt road was ioiera. bly good. I did not i-ee James Mickleberry during the week the accident occurred he did not visit McKeen duiing that lime. I did not see him the night of the accident.

I think I saw Knight the morning before I went to McKeen did not S'_« him anv more until I met him on the corner of Fourth and Main. We went to Foltz's and got a diink. At five o'clock on Saturday, the day before the accident, I went to the depo: and loafed around awhile. I think I talked with Lawrence Miller, a carpenter, while there left there at half-past nine o'clock. At about six o'clock I asked Kadel, an engineer, what time he was going out. 1 finally walked out, preferring that to riding in the pusher left the depot at nine o'clock or hall-past. Went through the biidge at halt-past nine. It was an hour before I Rot to the shaft the distance is about three miles. I sat under the screen to rest and wait for Wilson was intendine to take them liotne. I 6aw Wilson when I went through the bridge he was a few feet from me, and Kehoe was with him. Knight was with me at the time, and I think I, was in front of him. Wc walked single file, because the plank was not very wide. Wilson did not speak to me, though we were on good terms. I think it was not raining, and that it was rather dark. It was some time after I sat under the screen that Wilson came up. I)on't remember seeing O'Donnel! at the bridge don't think I stated at the former trial that I heard O'Don nell and Wilson quarreling I heard someone talking, bu I don't knowthat it was O'Donnell. We walked on after they passed so that we could see we didn't want to go with them though we were not afraid of Kehoe. I was not on good terms with Kehoe. When they stopped we did alto. We did not6uspect them particutar but intended to stay there until they passed on.

We went around Michael's house to the fence. I got over the gate close to the BOuth post. Kr.ight was on the inside of the fence. We got tiiore about eleven o'clock the wreck occurred after twelve o'clock. We did not crouch down nor try to conceal themselves. We took up cur position tlure becaiue we heard Wilson say something about tearing up the railroad we wanted to see what they did We saw them work ut the switch lock don't know how long it was after we got there. They opened the switch we •could see them working with the pin ihey went down behind the bank on the south side and I did not see them any more I suppose they unlocked the switch with a key: don't remember whither I testified to 'his fact before. Don't know how long a lime it required. The train wa6 in sight when they left it might have been at Watt's mill. 1 have no idea which way they went when they left.

I know Mr. Michaels he has charge of the station there. I did not make any attempt to mouse Mr. Michaels. It was about seventy feet from his house where we stood.

Why did you not flag the train? A. We didn't have time. Did you not sav vou saw the train at Watt's mill, near a mile and a half from there?

A. Yes. It was near there. Did you not have time to hA.il the train?

A.—Yes, but I was afraid they would hit me with a brick. Q.—Why did _\ou not arouse Mr. Michaels.

A.—I did not think of Mr. Michaels at all. Q.—You nevet called Mr. Micheals, or threw up your. hat,, or make any noise?

A.—No, I did not do anything. —Why didn't you? A'—I had nothing to hail the train with. —What happened to them?

A.—The train ran oft" and there was a wreck. Q—Did vou hear a man groan? &

A. Yes." Q. Didn't you go to help him? A. No. Q. Why didn't you? A. It was noneot my business.

Were you afraid of Kehoe? A. No not particularly. What did you do. A. 1 walked off.

How? Did you run?.

A. Just at a usual gait. CL You did this while vou heard the dvinss groans of the man, did vou?

A." Yes. Qj How long did you stand.,there, after the wreck?

A. About four minutes. i'-: a Where did you go? A. Home.

Why did you take the longest way

home? A. Because I did not want to meet Kehoe and those fellows.

So you went a half a mile out 6f

your way because you did not want to be in company with them A. Yes.

When did you get home?

v- About one o'clock. Q. Where did you get your breakfast Tuesday?

A. At Mr. Eldridge's. The witness stated further that there were two or three boarders at the house that he got his dinner there and worked at loading cars which were shipped to east St. Louis. He worked a little while after dinner. (NOTE—The further cross examination of Jackraan was postponed until after dinner.)

He is an extremely bad witness against himself. His standing there and allowing the train to be wrecked, 'admitting his story to be true, is damnable and his sneaking off home by a route a half a mile out of his way, without offering any assistance to the train men, almost equally bad. The lesst effort on his part would have saved the train and the life of the brakeman, and yet he did not make that effort, ackinan didn't want to be put on the

Vi"1'*/

.-..r

stand this morning, and it would have bene well if he hadn't been. His attorney# are making a brave, persistent, and never-say-die defense for him, but the general impression i«, by tbo*e who have heard the evidence, that Jackman has'-cooked his own goose."

AFTERNOON* SESSION".

The cross examination of Jackman was continued. Mr. Sant. C. Davis conducted it with great vigor, and left not the slightest circumstance escape his attention. Jackman is not an easy man to entangle. He is sharp and keeps up a semblance of a straight story. He was questioned particularly respecting Saturday afternoon, previous to the night the accident occurred, and of his trip from Mckeen to this city. Witness was not able to say whether he had been at Mrs. Axford's on that evening a half an hour or more. Knight had oeen with him all the time he was in town.

He had come in frcm McKeen in the caboose. He don't remember how often he was in Chris. Dressler's on the evening he went away to St Mary'?, ncr exactly how long he was iu the Henderson house on the night he left for Chicago. He did not remember saying anything to Finr.ucan about the money which was to be paid to him and Knight. He denied positively conversations with Finnucan on the subject of the wreck while at Chicago.

He told the whole storv of 'he butcher 9hop. He started with fifteen dollars paid him by Knight and which lasted two days:

MRR. OLIVER WILSON

re-called: ,» —Did you have any conversation with Mr. Mack about steing Jackman and Knight at the switch

Answer—I saw him once. She denied the conversation with Mr. William Mack, In which she said she saw Knight and Jackpian from behind bushes. She had told him just what she had testified to.

DAN'L SHEA

re-called: Did you tell Mr. Mack that you saw Jackman going down the track with a fishing pole on his shoulder on the day of the wreck?

A. Yes. Did you tell Mr. Mar.k you saw him once at ten o'clock and once at three o'clock?

A. I guess I diJ. How was it you said yesterday ou saw him at midday, and that he came back in a lyiU an hour, so quick as to attract your'attention?

A. I said became b?ck in a half an hour or so. HON. WM. MACK was re-called.

He had assisted as counsel in the trial of" WiUon, Kehoe and Chrisman and had been promised a small fee b_\JMr. Buff to consult in the present trial.

Mr-. Wilson told that on the afternoun of the day the accident occurred. *he saw, from behind bushts, Knight and Jackman working at the switch target.

Knight will be examined this afternoon. From Saturday's Daily.

YE.STKRDAY AFTEHNOON.

The GAZETTE'S report of the trial of Knight and Jackman closed yesterday at half past three. After that time Mr. James Micklcberry of the St. Mary's neighborhood was examined. He is an important witness for the defense and swore positively that Mrs. Wilson could not have seen Knight and Jackman at the switch target from her well on account of a hill and a cow pen which obstructed the view. He also swore that he never made any contract with Knight and Jackman through Mr. Peter Staff, whereby he was to pay those men $500 to prosecute Wilson and Kehoe, nor did he ever pay Staff $5 to give to Knight to apply on that account. He gave Staff $3, he says, to give to Knight, because he owed Knight for hauling, &c.

Mr. MickWberry has lived forty-nine years in this county. He is well to do. and of good standing. He is also one of the funniest witnesses ever put in the box The GAZETTE believes Mr. M. to be good-natured, and that he will take it all light, and, therefore, will give a few of the many reasons which make him so very funny in the stand.

The case had been progressing with a good deal of solemnity and gravity until Mr. M. carr.e in and" his eccentricities burst like a bomb on the hitherto unainused court.

He had dressed for the occasion wear inga "stunninu" tie and an im.nense ulster. The latter he proceeded to peel off revealing a navy blue swallow tail coat of antique cut atid corduroy pantaloons. He took his seat with the air of a man who had ^,5 the weight of empires resting bn his shoulders,but who was not at all dismayed at the load lie was extremely talkative, and before he got through, the court and jury knew all about him, his wile's relations, the cattle he had killed, his mill business, the switch put in for him, a cow-pen out there, Wilson's house, his opinion of h). B.. McClure, the kind of a man Jim Watts is, the ground witness had given to his son, the style of a man he is himself, the corn he had tu husk, the steers he sold, the sort of apples he liked to eat, where he bought his clothes, where he disposed of his lumber, how he took a ride with I116 daughter 011 hoi seback, and a million or more other points, but scarcely anything about the case in hand.

All was delivered in a manner truly comical and rdfre*hing, and kept the couit in a roar. Atone time lie said when WiUon moved away "the house stood there stationary." When the attorneys laughed at the idea of a house which stood at all doing anything else than standing STATIONERY, Mr. M. rekerated his statement amid applause, and added, if it wasn't so he was a liar.

He was better than Raymond's Colonel Sellers, in the great trial scene, a hundred per cent, but much resembled him. Every little while as the attorneys were consulting, he commenced haranguing the jtary and telling them the case was a serious and an important one.

In some respects he was Solon Shingle all over and the court will long remember him with pleasure.

J. B. ELDRED

lives at McKeen runs a grocery and fills cars with saw dust was doing this nearly all the time the week before the accident Jackman worked for him thinks he left for Terre Haute on Satur

'""•it -i &

day paid Jackman by the car gave him six dollars an.l thought he wanted to go home. Witness has a memorada showing how long Jackman worked for him he worked most of the time until the 15th when he quit.

HUBERT ELDRED

examined Lives at Greetiup, Ills. last June he worked for hia father at McKeen knows that Jackman worked there at the same time wa6 not ab!e to testify to the exact date without first referring to his fathers books remembers that the first day Jickmaa worked his father told him to charge Jackman with $2 and give a doctor credit. Recollects that Jackman came to Terre Haute the next Saturday, which was June Sth, the day preceding the wreck. Knows this because he went with Jaakman to Dennison from McKeen and saw him get on the train in the caboose. Thinks they worked a little after dinner and that they were a little late. Jackman had to run to get to the train. Didn't know until yesterday that he was to be a witness and had not talked over the matter. Is sure that this was the day before the wreck because he came back the following Wednesday and tcld us about the accident.

ROBT. MICKLEBERRY

knows all about the switch at Watts'mill. The Wiltonhouse is one hundred and fifty yards from the switch, and that the target cannot be possibly be eeen from the house. The mill is at least forty step6 from the switch target, and the view is plain. The pond where the fishing was said lobe done is twenty-five feet down, and could not be seen.

Adjourned till this morning. MORNING SESSION. *The interest is unabated The public has taken sides and seems now to be equally divided on the question of gui.t or innocence. *y

JAMES KNIGHT

was put on the stand. He denied in detail all the charges made against him' and all the conversations imported to him.

He is well acquainted with the situation of the stable in the rear of Peter Staff's saloon and does not believe that on a moonless night any one on one side of the partition could distinguish the form or features of a man on the other side. He was not there at ttie time in question. He bid Jackman good bye at six o'clock on the night he (Jackman) went to Chicago at Staff's saloon. He was at St. Marys the night the accident took place.

The cross examination by the state was rxtremely rigid. The answers were substantially as follows:

I was at St. Marys watching the men turning the switch. It took them between two and four minutes to do it. The rest of the time he observed the maneuvers of Wilson and Kehoe did this because he heard Wilson say he vou Id "tear the road to hell" when they passed in the bridge. "Witness was in town the day before the accident. Met Jackman here, and was at Foltz's awhile. Does not remember whom he and Jackman saw while they were waiting for the train. Waited here for about three hours before he met Jackman as he was doing this he met several parties but don't recollect the names. Witness was going up Main street and Jackman was coming down Fourth street and they met on the corner. There was no ftp ^ointment between them. "Passed a few jokes at Foltz's thinks he and [ackman about equally good at "cracking" joke*. Don't remember how loi$ the jokes were which he "passed" with Foltz he didn't "measure" them.

He and Jackman got to the depot at about five or six o'clock went there *0 see when engineer Kadel was "going out with his push engine. Saw seyeral persons there he knew, but don't' remember names. Can't say how long they staid at Mrs. Axford's. Saw Kadel last about eight or nine o'clock in the evening. Kadel said he wasn't going out—that he had no crders.

Witness was not sure whether or not he had been in Chris. Dressler's saloon that evenirg.

When witness went through the bridge he saw Oliver Wilson it was then tolerably dark. Then walked 0.1 to the MtQuiikin coal bank and waited under the screen for Wilson to come up. Did this to lake him home did not get him at the bridge because Wilson had another man with him who atterward proved to be Bill Kehoe. Don't think he stated in previous trial that the man who was with Wilson in the bridge wiis talking loud.

When Wilson and Kehoe passed witness ar.d Jackman they followed them to see what they were going to do. When he got to St. Mary's witness and partner saw the forms of two men at the target at the west end of the platform, and, in order to wat?h them, he and Jackman went around Michael's house and took up a position within thirty or fdrty feet of the target. WiUon and Kehoe went away first and were gone some time they then came back and unlocked the switch and pulled the target. Witness had slipped up closer and saw the key he is a little near sighted. He did not call out to them when they did it was at raid they might whip him. He had had a dispute with Kehoe but none with Wilson 0/ Chrisman. He was told by Watt's to watch the mill saw Wilson carry off a sack of corn some twelve or fourteen times had told Watt's and Wilson was discharged.

Don't remember where tile train was when the 6witch was turned saw the head light all the time but can give no idea how long it was before the train came up except that it was less than an hour and more than a second. After the accident witness only staid there three ot four minutes can give no statement as to the whole length of time he stood at the post.

Mr. Davis had not concluded the cross questioning when an adjourdment was taken for dinner. The case will occupy the rest of the day in evidence and perhops a while on Monday and not be submitted to the jury until Monday night if so early as that. Jt is an exceedingly memorable trial.

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MISCELLANEOUS ADVERTISEMENTS

HOMES FOR $2

The Adjourned Award of the following

Grand Property

WILL BE MADK A1

Evansville, Ind., April 10, 1879, The net proceeds of these sates are set apart and apt lied to the benefit of the Kvaasrille Orphan Aaylum and Indianapolis Orphan Asyluj". See 'These Great Offers.

Rose-hill Farm, divided iato six farms: No. 1, Premium Farm, 40 Aores.

Homestead improvements 15,000 No. 2, Premium Farm, 80 Acres 7,000 No. 8, 160 Acres 15,000 No 4, 160 Aores 18,000 No. 8, ISO Acres 15,000 No. 6,

This is t3 certify that this property is all valnable, and coBt its owners, in cash, largely marc han they have sol I it for to this benefit trust. Titles to be perfected before delivery of deed*. (Sizncdl THOMAS E. GARVIN, Evanfville.

WM. H*DLKY. City Assessor. Indiana -oils. 1 hereby certify that the deeds for all the property in this list have en placed in ray hands, to be held in trust and delivered to the persons severally entitled thereto, under the Orphan's Benellt Drawing.

Citizen*' Nat. Bank, Evansville. Ind. Ausrust 27,1878. [Signed 8. P. GILLETT, Cashier.

CITIZENS' COMMITTEE.

We have accepted the position of Citizens' Commttfee, to sve that the property is safely uei.i, the distribution properly made,and the funds fuitlifully applied. J:

I Signed I

Jos. J. KLKINER, Mayor of the City of Evansvilie. GEO. II. STOCKWELK, of Vlcle, stockwell A

Co, Kvansvl le, Ind. PKTER SKMONIN, of bemonln & Dickson, Evansville. AraTiN H. BROWS. Clerk Marlon Co., IAdiannp'oli*. I.C. WALKKR. M. D., Pres. pro tfm. City

Council, Indianapolis, Ind. W. o. FOLEY. Deputy State Treasurer, Indianapolis.

Remit by mall, moatey or4er. ragistered le ter. bank draft,or express. For fmthi pat tiFulai'3 and orders for tickets xddreaft

M. 9. LYON, Secretary.

fo. 810 First Street, Evansvi'ie. in.J. or GEN. DAV ACAULEY, Sec'y. Room Journal Building, Indianapolis.

Mntchlem Grnln-Snvinjr, Tima. fearing, mii lon«y-8*vlii« Tlireflii-ri 01 t: and veneration. Btrnml all Bl»#lry tor n*pil tnf Ibet OlMUilns, and

tor

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80 Acres 10,000

1 lx»t, W'dr'ff Place, Tndpls, $7/00, is 7,000 5 Lots, Highland Home, 1,500.1B 7,600 5 Uts, State Avenue, 1,S00, is 7,500 5 Uts, Irvington, (nd., 1,00), is 5,000 80 Lots, Ulemiale, Evansville, 150,1s 4.500 40 Lots, WoodlaArn, 150,1s 6100 J1 Lots, Wi»odl*wn, 200, is 4,200 10 Premiums. Cash:7:'£ 100, is 1.000 20 Premiums, Cash...4 50,is 1,000 !i0 Premiums, Cash......... 25.1s 500 100 Premiums, Cash 2, is 800

The Indianapolis Lots are all most desirable property to buy as an investment. The Evansville Uta are all first- J"class of their locality la that beautiful city, and are to-day iiui worth their schedule fiRures lot homes. To this grand li*t Are added the following C%SH Premiums, payable in gold: 1 Promin in Gold Coin 1,000 S Premiums in Gold Coin 500, is 1,50) 5 Premiums ib Gold Coin .201). is 1,01.0 5 Premiums in Gold Coin 1(0, is 500 15 Premiums in G'Jld tjoin 50, Is 750 10 Premiums In Gold Coin 23, is 250

Total Premiums |I80,000

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iu.*i:tu*trnt«UCircni^rf

t/j uaU

No, 10,930. STATE OF INDIANA, VIGO COUNTY, IN THE VIGO CIRCU IT COTRT, HANNAN As .TON VS.JoHN

KEY AND HATTIE ANNE KEY in closure. S of Be it known that on the 27tly(CaffiJanuary, 1S79. plaintiff $Vrfa!d John davit in due form, 8howiiy*re non resi J. Key and Hattie Ann^18- Said nondents of the state of ^nereby notified 0/ resident defendar*1 ®ct,on against them the pendency

W.'J

stand for trial at

and that J:o"rrtT'J?

the Ap^ JNO-

tate is probably solvent!

lnu«p

$100

the

year

K-

DURKAN, Clerk

DMIKLSTBATOB'S NOTICET

ec®88ed*

The es-

FOR

TRADET

^acr^Atobe^P^P^ Stv nKhty is a S 5 cated. Address for ftirthor particulaT!

SlSttlS

MISCELLANEOUS ADVERTISEMENTS.

=TtliS

6RAN0 DISTRIBUTION!

Cmnumiltli Hrctin Qngia?

By authority of Commonwealth of Kentucky By authority of Commonwealth of Kentucky, Drawing and details tinder supervision of prominent oitlzensof Kentucky, in the city of Louisville, ou Thursday, January 30th, 1879*

No Soallng! No Postponement!^

Prize? Paid In Full

$115,400 in Cash Distributed. TICKETS ONLY $2. Unparalled Success of the Popular

Orawings.

Read the following attractive list*(ofj prizes for thn JANUARY DRAWING:

I Prize 130.000 1 Prize IP.OOC 1 Priae 5,000 10 Prizes *1 OX) each ie,000 20 Prizes 1500 each..^.„„ 10 000 100 Prizes $ 03 each 10.C0C 3"0 Prizes 5C each 15,900 500 Prizes 90each. 10,f00 iOW Prizes 10 each...... 10,COO 0 Prizes 300 each, Approximation

Prizts 700 9 Ptizcs 2C0 each, Approximation Prizes 1,800 9 Prize* 100 each, Approximation

Prizes 900

1,960 Prires, .» $115,400 Whole Tickets, 19. Half Tickets, »1. 27 Tickets, $50. 55 Tickets, $100.

Remit by Pest Office Money Order, registered letter, bankdraft, or express. Full l'st of drawing published in Louisville CnurierJournal ana New York Herald, and mailed to all ticket-holders. For tickets and information address COMMON WE VLTH DISTRIBUTION CO., or T. J. COMMERFORD, Sec'y, Courier-Journal Building, uisville, Ky.

MUD. SNOW.

A v»t 1,

0Jt

W A E R.

Wo want every Man, Woman snil Child, who wishes to have dry feot this Winter, to discard Rubbers and use

E Which with its Recent Improvements is Guaranteed Odorless, It is absolutely Waterproof,

And retains its Mtina in all kinds of Weather.

Will NOT Injure Leather, and the onlp SELF-^MI^II^O polish that is a perfee success. When yOtir boots get soiled, WAIH them, and the polish will remain. It is the lazy man's friend. Use 01 cf 11 week.

'Ask your Dealer for it"

H. M. Dickey & Co., 19 and 21 tfabash Avenue, CHICAGO.

The New Frenoh Combination

Microscope and Florosco

For examining Animal Lltb in* water Flowers, Minerals. Seeds, Ac. Is also a perfect linen glass, and counterfeit detector. Agents wanted everywhere, exclusive territory free. $10 to |1C a day can be made by good agents.

Sample and instructions sent by mall on receipt of tl 00, or by Kxpress, C. 0.1. This is the simplest microscope ever 1 tiro ted, and will accomplish uny'hlng obtained by a $23 Microscope, and Is free from inclined lenses or glasses. Address,

C. V, I'MOCTOB 4c CO., 679 Broadway, New York.

The Beat Paper for Farmers

THE MICHIGAN FARMER

The largest and best Agricultural paper in the West. Splendid corp of contributors. Market reports a specialty Price, *2-00 per year Hample copy 'ic. stamp, casn premiums for canvassers, besides large cash commissions. Send for outfit and particu* lars to

JOHKHTOK&fillHOKS. Detroit. Mich

Do yon want anew Lease of Life Use Allen's

CUFT1VES

Luna balsam.

310? THAT COM

that old

edy Allen's Lung Balsain.

OSES TS&T COLS Kill

that popular remedy—

Al en's ung Balsam. Wft ©PlfffflV Uan show more evidence •IU ttiilAma r-nl me it than Mien's Lung balsain. 'old Everywhere.

NOTICE OF INSOLVENCY. At the February term of the Vigo Circuit Court, the estate of Isaac Kogers, deceased, was declared probably insolvent*

Creditors are therefore notified the same will be settled accor'*,1|?b'« Dated the 6th vayof February *°79*

ASAX^ACK^A^msnistrtior.

PLICATION.

\nTU vi^/' «*venthatl will apply la^ Couuly Commissioners, a to the Bo^erm, 1879, for license to ge thelrMmng liauors'J in a quantity of less at »time, witn the prmiejreof ng the same to be dritns on my prem'i ote year. My place of busineSiAnri he |ii*(.-iuse« whereon said liquors are tn ii« drank, ur, located at

214

Test:

W. GRAY

P. O. Box 9i9 City

x"'"OOU*®.

Contract

•a. C. A uatix

south ^-ourlh .treee

in Harrison township, Vigo County iS^

Jia"a-

FRANCI*M.BUB%

Jobn Burton, deceased, has fifii i?®

to sell the leal estate of the'dj^e^t "hu

S S S 5

"jjS

Atte,"- °"k-

Circuit Court.'

IQHM K. DCHKAN clerY.

Tlie MuncieKouta"

f.rr.H«rt.to|Fjrt|Wwe,

JackM

And all points North and &ut LJMre Terre Hauls.... ..1:37"