Terre Haute Weekly Gazette, Terre Haute, Vigo County, 5 March 1885 — Page 3

r? t»

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TSME:

TABLE.

This table is reckoned OD t.LI« new standard ninetieth meridian time which is ten minutes slower than Terre Haute time.

The I^oikniport OIvinlon.—Trains leave for the north at 6:00 a in and 8:35 m, Trains arrive from, trie north at 1'2:40 a in ana 8.-00 m.

The S Ac T. II.—Trains leave for the south at 3:20 urn: 10:49 am 3*00 m. Train* arrive from the south at 10*60 am: 11:59 2:17 pm

The XUSnoia .*Hdiiimt—-Train leaves for the Northwest at 6:20 am arrives from the Northwest at 5 05 u.

Terre Haute A Worthjngton— Trains Arrive at 6:45 a. m. and 3:03 p. m. depart 10:f0 o. m. and 9:0!» p.

Chicago dc Kavtera illlnoL»—1Trains leave for the North at. 8:15 am 2.20 and 12:06 am arrive from north at 10:05 a m. 5:15 «nd 4.10 & m.

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I. M. li.—Trains

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IN HER FAYOR.

I€i

Judge Mack's Decision in the Nettie Trump Case.

fs,

He Believes (lie Confession was Made Through Fear,

"£'J t» tt*£$

And He Recommends That the Prosecutor Dismiss the Case—The Find- ,, ing in Full. 5^ a "i 4

From Thursday's Daily.

Tbe habeas corpus proceedings in the case against Nettie Trump, who is charged with the murder of her husband, began this morning before Judge Wm. Mack, who used the Superior Court room for that purpose. At 9 o'clock, the hour set for the trial to commence, the court room began to fill and when the defendant was led in about twenty minutes later and court opened there was no room to be had. Mrs. Trump was dressed in black and wore a veil over her face. Her little child sat in her lap. Interested spectators were Mis. Septer and her girl Fanny Johnson, old man Trump, father of the deceased, and his son John. In habeas co pus proceedings the defense has tbe calling of the wit nesses and the opening and closing statements. The duty devolves upon the defense 10 make out a case. The court said he would hear testimony on the vital poiut —whether the confession was obtained through threats. .....

THE DEFENSE'S CASH.

T. W. Harper addressed tbe court and stated what the defense expected to prove. He said he understood there was no claim of any other testimony against his client except her confession and that she would be dismissed if the court decided not to admit the confession as evidence against her. The first thin} they wanted to get at was the manner in which the confession was obtained. They maintained that it was iorced out of her and that the officers bad worked on her fears. He went into a statement about conversations he had had with Superintendent Vandever and Officer Dviyer in regard to the confession and written statements he had procured from them, with their signatures attached. He said the three officers had worked on Mrs. Trump for lour hours to get the confession from her. The evidence would show that Vandever had used all his ingenuity to procure the confession and that he had told the defendant falsehoods in order to more easily accomplish what be was after. He would show that the officers had told Mrs. Trump when they went down after her that the Coroner wanted her, when it was a lie. He would show that Vandever had told Mrs. Trump tbat Moudy had been arrested at Indianapolis and had confessed, which was another lie. He would be able to prove that Mrs. Trump strenuously denied her guilt and it was not until Officer Dwyer started to put on his overcoat and take Her to jail that she told the story.

OTHER CLAIMS.

He would show by Trump's father that that part of her confession about Trump and herself having had hard wordg at home tbat evening was untrue. In short, Mr Harper was prer ared to deny anything and everything. He said he would show that the physical condition of Mrs Trump at the time of her arrest was such as to gender it easy tor a shrewd officer to work upon her fears ana excite her ieelings. He would also prove by a witness that Dick Trump said nine months ago that be was going to commit suicide and that on one occasion he had gone into a lawyer's effice and sat there three hours in a dejected manner without saying a word. He would also show thai while Dick Trump was lying on the floor on the fatal night Nettie had gone up to him like a dutiful wife, lifted his head up, and asked him if he ought not go to bed, Mr. Harper said Mrs Trump's statement would be that she heard the shot fired when she was out in the coal shed.

TUB STATE EXPLAINS.

Prosecuting Attorney Henry slated the cause of the state. He paid if what Mr. Harper had said about Mrs. Trump was true she was a muchly-persecuted woman. But it wasn't. He wanted it understood tbat there was more evidence than the confession. If the confession WBS obtained as Harper said it was it was of no account, but what was the truth of the matter The officers had cone down after Mrs. Trump and had taken her to police headquarters. He would admit that deception had been practiced. Tbat was the way officers always dealt with criminals. In addi tion to that the law justified it and a confession obtained tven by deception was admissible. On the way up to town Nettie Trump had betrayed her guilt by saying, before the officers had told her she was under arrest at all, tbat: -'Qod knows I'm innocent. I loved Dick Trump." He said tho evidence would prove that no threats cf any character were made to induce Mrs. Trump to make a confession, but that it was all done by her own tree will and wi'-boui any compulsion whatever. Mr. Henry said it was a notorious fact that the chastity of Mrs. Trump was not of the best quality. The defendant's lawyers objected to anything being said on this point, claiming that she was not on trial tor her chaBtity. Mr. Henry continued to say that it was no wonder that Trump would droop his head in a lawyer's office for three hours without saying a word when his wife was running around with strange men and paying rent for rooms she had occupied with them.

THB FIRST WITNESS.

Office* W. E. Dwyer was the first witness. He testified: I am a police officer of this city. I went down" with Offi. cer Early at the instance of Supt. Van. dever to get Mrs. Trump. We told her, by hie order, that the Coroner wanted to see her. I took her up to police headquarters. She said she was sick and had a cold. It was very slippery and I assisted her up the steps. Vandever wasn't in his office, and I. went out to hunt him. She was sitting in a chair. Vandever spoke to her. He said: 'I suppose you know what you are here for." She Said

£ARKE, n. D., Now KH ?H!E IT* "The officer told me the Coroner wanted iWCfUlfJiTl' UHI9| —tn ami mo TTA

«.*

si.

t(fFh*t'a

nnt what

•to see me." He said: "That's not what

4'I

TTTS xEKSE HADTB WffiERttl' ^AZETTE.

you're here for. Tou ar3 here for killing1 your husband." She said she wasn't guilty. Vandever told her Moudy hed been arrested at Indianapolis And had confessed all," and that he (Vandever knew all about it. She said she wasn't) guily and she didn't know how Moudy could make such a statement. Vandever talked to her for ten or fifteen minutes. Then he went out into the other room. He nodded his head lor me to come. He said: "You try to do tbe best thing you can witu her," or words to that effect. I went in. I took tny overcoat down off of the peg and started to put il oc. Sheseys: "Where are you going?' IreplittU: "Vandevfr told mo to take you to jail She said: "Don't be in a hurry, bit down here." I went over wbere she was aod hat to tbe left of her. She asked me vbat was thu tx'bt thing she ought to do. I taid she had better tell the truth about it. She said the stain would be upon her clii'd. Then ehc said:

Examination by Mr. Henry—Mrs. Tiump said she didn't want Trump's brother let in the room. She was afraid of him. On the way to jcil she said: "Harper will give me fits for this," meaning the confession. Later in tbe afternoon she told me she wanted one statement in her confession corrected. That was the statement that she had cocked the pistol when she fired. She said it was already cocked. She wanted me to tell Vandever to have the correction made, and I did so. Mrs. Trump was not agitated at the time she confessed to the killing. She put her handkerchief up to her eyes a few times, but I didn't notide her crying.

SUPERINTENDENT VANDEVER. Examined by Harper—I sent Dwyer and Early after Mrs. Trump. I told rhem to tell her the Coroner wanted her. That wasn't true to my knowledge. I got to the office about 1:30 p. M. I spoke to her and asked her if she knew what she was there for. She said the Coroner wanted her. 1 told her that wasn't it. I said she was wanted for the murder of her husband. She said she wasn't guilty I told her I knew all about it that Moudy had been arrested and had confessed to the whole thing. That wasn't true, to my knowledge. My object in telling her tbat was to get the facts not to work on her fears, but on her feelings. At that, time I was of tli'1 opinion that Moudy was guilty of ttm murder and Mrs. Trump was an accessory. My intention was not to frighten her. That was the way I had of coaxing her. She went over the story she had told at the Coroner's inqaest. I went out: of tbe room and motioned to Dwyer to follow. He came in, and I told him to do the beat he could with her. He weiit in the room again. About two minutes afterward I entered again. Dwyer said "She'll tell all now." 1 sat down. She said she did it.

SHE MABE IT FREELY

She asked me if I would let her go home to her child if she told all. This was after she had admitted the killing but before the written confession wa made. I told her I woola see about it. She asked me again and I told her would. She then told ace how she bad killed her husband. I told Dwyer to Prosecutor Henry. He said Henry wain Indianapolis. I then called in Over holtz and told him to write down what, she said. I questioned her. Overholtz stopped at each sentence lor her assent. When the statement was all written down I,told Overholtz to read it over carefully, which he did. I asked her: ''Is that right?" She said

she took the pen in her band and signed it. She acted first as if she v»ts tired, but she was very cool in her manner and conversations. At one time, I believe, she did cry a little.

By the court—I was at headquarters about twelve minutes before sbe confessed. Isentiierto jail five minutes after the confession was made. Altogether, she was at headquarters about an hour and a half. I was only out of the room about two minutes before I went in and found tbat she had admitted the killing. "It didn't take long to induce her," remarked Prosecuting Attorney Henry. '•If you had a rope around your neck it wouldn't take you long to make a confession," said Mr. Harper. "I would have a rope around my neck a dozen mes," declared the Prosecutor, before 1 would confess that I had killed a man when I didn't do it."

Mr. Harper wan^l to ask Vandever if it wasn't true that several years ago a hired girl in this city didn't confess to stealing a diamond ring and get a sentence of three years, and that afterwards her employer lound the ring in her work basket,

Mr. Henry said if the defense wanted to introduce such testimony by way of amusement there was no barm in it, but the girl might have pleaded guilty on geneial principles.

Some one suggested tbat the court had a better one than that. Officer Overholtz testified that5"' he wrote down tbe statements made by Mrs. Trump. Vandever told her that if anything was put down that wasn't correct he wanted her to say so and it would be corrected. Each statement was read over to her separately. She said it was right and she signed it without any hesitation. While he was hunting lor paper he heard Mrs. Trump ask Vandever if she could go home to Ler child it she told the whole story. Mrs. Trump was very cool and collected, and she didn't appear to be scared a bit.

The court said he wanted to hear some evidence as to the condition of the deceased at the time he was found.

OLDMAHTBUMP

Then tlie worst witness against Mrs. Trump was introduced in the person of old man Trump, father of the deceased. He is 73 years old and speaks with a strong German accent. He laid down on the floor and showed the position the

k'he

did it.' Jnst then

Vandever came in. I said: "Sit dowu. She will tell all now." Then she related the story or the killing. Vandever Galled Overholtz in and he wrote down her answers. Vandever questioned her. She didn't ask us to send out lor Harper or any other lawyer. Vandever was never talking with her unless one or the other of us was present.

A TILT WITH HARPER.

During a tilt between tbe witness and Harper, the witness said to the attorney: "Tou called me up to your office and tried to get me to say Vandever had forced the oonfession out of her." The witness wanted it understood that he bad gone up into Harper's office at Harpef's request.

tban

,4Tes."

anything

Then

tlse."

Mr.

deceased was found Sn. The pistol was Mr. Henry took up the confession and ying at the right arm near the elbow, read it piecemeal, commenting on it as

aims were crossed. One leg was'he went along. He showed how the deraised up. Thi deceased was lying full jfendant herself corroborated on the stand

upon his back. It was the same position be wa? in when ihe witness went to bed abitit fifteen minutes beiore. The witness continued: "I didit'c hear any hard words that evening between Nettie and Dick. Dick sat down to supper, but he didn't eat anything. I tried to get him to get up off of the floor and go to bed, but he said be was all right. He was lying with his feet toward the fire. Nettie told me to go to bed. It was the first time she ever told me that. Il was about fifteen minutes afterward (at tbat time I was in bed in my room) that I heard the shot.

Then I hcaid feet going out. in the diction of tbe cosl shi d. I never said the cod was brought in before I heard tbe sbot. It was after the shooting that I beard rbe steps. The coal house from my room is norib. My room is up over the room wnere Dick was shot. There is a plain walk to tha coal house. I didu't hear anyone shoveling coal out in tee coal house.

At this point court adjourned for dinner. I THIS AFTERNOON court reassembled at 1 o'clock.

Mr. Harper offered to submit tbe evidence of John Trump given before the coroner. Mr. Henry objected to this. It was admitted, Mr. Henry taking excep ti6ns. Mr. Harper than submitted an affidavit made by John Trump, signed by Dick T. Morgan, and attested by John Patterson. It was dated February. 9tb, and attested to the circumstances of the death of Richard Trump.

Dr. Steveuson testified that he had known the Trumps for about four years. He had noticed something strange iu Dick Trump's deportment and appearance for about three weeks previous to the killing. He said Mrs. Trump was of a nervous, excitable disposition, verging on the hysterical. He examined her the day after she came to tows, and febe was very feeble and excited. The witness said that when in tbat condition fhe was more liable to be influenced by others.

Mr. Al. Buckingham testified to being present at tbe time John Trump made bis affidavit.

Mrs. Norris, mother of Mrs. Trump, was sworn. She said Trump was drunk and wouldn't talk that evening. He sat down to the table but didn't eat. He l&ii down on the floor and stopped ther Witness heard him tell Nettie to go after p. bucket of coal. Heard Dick go after a drink the same time Nettie went after the coal. Soon after sbe hoard the pistol report, and at the same time heard Nettie shoveling coal. Heard Nettie come in and so down tbe coal, then go alter the lamp. When Nettie came b*ck she screamed, and witness came in atd found Trump lying on the floor shot,

Cross-examined, witness denied etating to O. A Cassady or to Mrs. Young that Dick didn't get up when Nettie went after the coal.

Dr. J. R. Crapo testified tbat he foun Mrs. Trump suffering from hysteria. Dr. Swafford testified as to the consequences

hysteria and what might fol

low. Monroe Moudy was called. He said he had met Mrs. Trump at Mrs. Sepler's on the day of tbe tragedy. He denied having told her to kill Dick. His name wasn't mentioned. He had been at Mrs. Septer's with her-three or four times.

By Henry—"Didn't Rhe visit your work place frequently?' Objected to.

Henry—"I'll admit tbat her mind wasn't right that it was mere

[Laughter]

StUQ&ard

suggested that

might

be a symptom of hysteria. [Laughter] Dr. Moorhcad testified to making a post mortem on Trump. He gave the direction of the ball and an interesting statement of his experience with gun shot wounds aod powder burns.

Dr. Swafford was recalled and examined with reference to gun shot wounds. Dr. Stevenson v.'as examined on the same subject.

From Friday's L'ttily.

Mrs. Nettie Trump took, stand herself at 4 P. M. yesterday in the habeas corpus proceedings begun in her behalf. She was very cool and undielurbad ail through the day. She removed tbe cark veil that concealed her features and testified in a clear voice. She told her story very much as it was written in the confession, except, of course, that she denied having had anything to do with, killing her husband. She said the ofiiccr forced her to make the confession. She denied that she had ever had any improper re [aliens with Moudy, although sbe ad mitted that she bad been to Mrs. Septer's with him.

Judge Mack said he did not want the case prolonged nor did he wish to draw out testimony that would figure in the case when tried. He wanted evidence bearing directly on the confession. Botk sides rested their case yesterday evening.

This morning there was anotber large crowd iu the court room. Mr. I. N Pierce opened the argument for the defense He dwelt upon the circumstances under which tbe confession was obtained and insisted that it was inadmissible. In support of his position he read several legal authorities.

Prosecutor Henry replied and made a strong argument. He said Mrs. Trump betrayed her guilty mind coxing up town on tbe day other arrest, when she had declared, before she had been told that she was under arrest, that she was innocent and that sbe loved Dick. What occasioned that remark She had only been told the Coroner wanted to see her. Mr. Harper wanted to show that his client was not in good health at the time of tbe confession. Dr. Johu li. Crapo had testified that he did not make a careful* examination of Ler, but what he said was purely from obseivation, Sbe has been iu jail now for several weeks. If sbe was sick, why aid n't she have some doctor come and attend to ber? Mr. Henry declared that from the time the confession was made the defense has been hounding down the witnesses for the state and in some cases thpy had. obtained written statements from them before the witnesses were even before the grand jury. Mrs. Trump said her confession was true when she signed her name to it in clear, bold letters. She said it was true when she wanted one statement she made in it changed. What was it that occasioned th:schange? Tom Harper is the man that did it. is the man who closed her mouth. As soon as he appeared upon the scene the curtain tell, and tbe confession wasn't a confession any longer.

yesterday nearly every statement it contained, except as to the killing. Why wasn't it as reasonable to suppose tha sbe was telling the truth about the ki 11 ing as the was about everything else? Could the officers themselves have gotten up such a marreloualy accurate statemeat? As to the claim that Trump was drunk on the night of the tragedy, Mr. Henry said they had proved by two witnesses that he was sober. If he was drunk how could he have unharnessed tbe horses? According to Mrs. Trump's testimony and her mother's Dick and Nettie lived together happily. If tbe state had been allowed to prove it they could have shown that such was not the case that Nettie Trump had on one occasion drawn a revolver on her father-in-law and that she was, in fact, just the vicii us kind of woman that it would take to kill her husband.

Mr. Harper excitedly objected to such a statement on the part of tbe Prosecutor. He said there was no evidence to substantiate it, and he denounced its use as an outrage.

The court said the gentlemen must confine thomseives to the evidence. Henry—"If Mr. Harper will only keep still

Harper—' I won't keep still while such

vhingas this is going on." Mr. Ht enry resumed his argument. He cited several Supreme Court authorities. He said the officers were honorable men. Mr. Vandever was a man who had made a reputation as a faithful and efficient officer. Hie sumo could be said ot Dwyer and Overholtz. Neither the police nor bo (Henry) had any interest in persecuting this little woman. Hr. Henry argued that there was nothing either in the manner or in tbe conversations ot the officers toward Mrs. Trump tbat could be tor tured into a threat. An admonition to tell the ttuth, as Dwyer had used to Mrs. Trump, was not an inducement or a threat, and the law had so decided. The language: "Take care we know more :hau you think" had been held not to be a threat, as was alio: fhere i9 no use ot denying it I can prove it. You had better own up to it." In conclusion, Mr. Henry said iijthe confession was not admitted the case against the defendant was practically at an end.

Mr. Harper addressed the court on behalf of the defense, closing tbe case. He said the evidence showed that Vandever had used all his ingenuity on Mis. Trump without avail. Then he turned her over to Dwyer, who entered the room, started to put on bis coat, and said: "Come on to the jail." Then it was that Mrs. Tramp wilted and was willing to confess. He said il plainly came within the meaning of the statute. What wouldn't intimidate one person might another. The sex and tbe condition of tbe defendant should be taken into con tidar&lion. Mr. Harper said there was nothing in the case. The newspapers had simply worked it up until they got everybody to believing there was. He said hib client would never be convicted by a jury. He abused the officers, and said he uever knew a de.ective yet who wouldn't lie. Mr. Henry had offic-.re had no interest in the case. They had their reputations r.t stake. Mr. Harper opened out the vials of his wrath on tue head of Superintendent of Police Vandever, and many of his statements were so profoundly "ridiculous that they excited general laughter. He said the more be knew about detectives the more respect he had for sheep-killing dogs. Iu conclusion he declared that the confession was made inadmissible under the 10th and 12th Ina *ua. "I will decide this question at o'clock," said Judge Mack, and theretipuu court adjourned.

ne never Knew a ae.ecuve yet wno y6ats

THF CONFESSION EXCLUDED.

Judge Mack Holds That the Confession was Obtained Throuqh Fear. Court reassembled at 1:30 this afternoon, a lsrge crowd being present to hear the decision. Judge Mack read from his manuscript, and although the result was not unexpected, the defendant listened with earnest attention. On her knee sat ber little girl, and by ber side, her aged mother. When the Judge announced his decision to exclude the confession, Mrs. Trump put her handkerchief to her eyes and wept. She appeared very much affected.

The decision in full is as lollows: JUDGE MACK'S DECISION. "The question presented in this case is whether the defendant, who has been indicted for murder and imprisoned in the county jail, is entitled to be let to bail. In questions of this kind it will not be the practice of this court to go over all the evidence upon which the slate depends lor conviction, but only evidence as to those points which will enable the court to determine whether the proof is evident or the presumption strong. In th's case, knowing the state depended largely for conviction upon the confession made by defendant before the indictment was found, I determined to contine the evidence to that branch of tbe case.

If the confession is admisable it is a case where bail ought not to be allowed. It will be my object while I kave charge of tbe enforcement of the criminal laws in this county to bring to trial all offenders at an early day, alter indictment. 1 have, however,in this case heard evidence with regard lo the position ot deceased when first seen after the shooting aud some of the circumstances connected with his condition and surrounding during the ev ning after be returned home from tbe city.

The whole question, however, turns upon the admission of tbe confession as evidence, which is a question for the judge to decide even on final trial. And I thought btst to go into this on habeas corpus, as in case it was held not to be evidence it might have a long, expensive aBd fruitless trial. In all civilized countries the laws are so jealous ot the rights of me aocused that confessions under fear caused by threats are not admitted in evidence. Some states go so far as tu exclude all confessions made to officers. Our statute admits all confessions brought about by inducements of any kind except those made under fear caused by threats. The question then iB, was this confession made when defendant was in fear caused by threat*? Threats may be either by words or actions or by both. The age, experience, sex, physical and ip"«»tal condition of the party making the contebaion, and all the surrounding circumstances are to be conJ24 sidered.

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I base my conclusions mainly upon the testimony of the

fficers themselves,

as to what was said f.ud done to bring about the confessi r, nd from this source I am satisfi tbe defendant WA led to fear that the V.u}d be sent to j" if she did not 111*lie a confession and if she did tell tha ho!" truth she would be permitted to reti.ru li me. The supreme court in 12 Ind. pigy 101 says: "What shall be considered such athrea as excludes contest ions has been illustrated, thus saying to a prisoner "it would that it would be worse for him if he did not eonies" is sufficient to exclude the confession. So a confession induced by saying "unless you give me a more satibfactory account, I will take you

before a magistrate" or by saying "that unfortunate watch bas been found, and you don't tell me who your partner was will commit you to prison" cannot be given in evidence."

This author iry I am compelled by law to obey, and under it 1 think this confession is not admissible. Much was said in argument in relation to acts of police officers in obtainiug confessions trom persons charged with crime.

They may sometimes in their zeal in behall of the public go too far in attempting to obtain confessions from persons in their custody. Nearly all confessions thus obtained had to have such

an array of corroborating circumstances as to have no question about the admission ot the contession in evidence 1 have no recollection ot a case before this in

my practice during the last twenty-five

where

a confession was offered and

excluded because of its having been produced by threats caused by fear. The community looks largely to our police for protection against criminals, and they are generally very efficient. Had Mr. Dwyer understood the orders given to him by Mr. Vandever in a whisper and carried them out, it is probable this confession it made would have been admissible. 1 am not deciding whether the confession is true or not. It matters not if it is true as tbe gcspel. If obtained by fear produced by threats, in words or actions the law excludes it. From what 1 can ?, learn of the facts in the confession being incompetent there is no probability of a case being made against the defendant and I suggest to the prosecutor that the public interest does not require a further prost£ttU?B ?nh§ cause,

I wish, to bear ItfeiiMohy to the able and efficient manner the case has been) prepared and prosecuted by Mr. Henry. I ike has given it bis undivided attention* since tbe arrest of defendant and whether a crime has been committed or not, the public have good reason to be satisfied Mr. Henry and the officers of tbe law have done all in their power to enforce the law. Tbe defendant will be required to enter into bail in the sum of $500 for the appearance beiore the court from day today."

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