Some two months before this a farmer by the name of Zach Deputy, living near North Vernon, Ind., had been victimized by three confidence men to the tune of $3,000, and it was this offense which was laid at our door.
Upon our arrival at headquarters, an effort was made to extort money from us under the guise of “a compromise.” Had we been actually guilty, this would, of course, have been an attempt to compound a felony, but for that, these zealous officials, who had been sworn to enforce the law whose majesty they so flagrantly violated, cared little.[little.] The proposition was declined, and we were searched, when it was disclosed that our entire cash assets aggregated $8.65.
After we had been placed in jail, we were visited by an alleged lawyer calling himself Thomas Harper, who was permitted to interview us by the grace of the police authorities. He wanted $100 for services which he offered to render in the capacity of attorney. We declined his proposal and he indignantly spurned our suggestion that $10 were probably all that his services were worth. On the following Sunday Vandeveer called on us, but we refused to recognize him, and on Monday morning the authorities telegraphed to Webb Benton, a North Vernon detective that they were holding the men who had fleeced Deputy. On receiving the telegram Benton took with him a livery stable keeper named Burge and started to convey the tidings to the old farmer. He had previously offered a reward of $200 for the arrest of the guilty parties, and was easily persuaded to enter into a written contract to pay the sum of $300 if Benton and Burge would point out to him the men who had robbed him. This having been done, the trio went to Terre Haute, and the three prisoners were brought before Deputy for identification. After he had looked us thoroughly over, Benton asked him if he recognized us. The old man shook his head, but pointing to Kerns said: “That man looks some like one of them, but he is too small.” Thereupon Chief Lawler and Vandeveer sent for Kerns and advised him to settle the matter by paying $1,500. “Doc” replied that he had nothing to settle. Then the officers suggested $1,000, but Kerns still proved obdurate. In order to secure the $200 reward it was absolutely necessary that Deputy should identify us as the men who had swindled him. To induce him to do this, Lawler and Vandeveer told him that we had just robbed a country bank of $6,000, and that if he would swear that we were the right parties, we would gladly settle with him. This line of argument overcame his scruples and he at once swore out warrants for us. It is, perhaps, unnecessary to add that the $200 reward was promptly demanded and eventually paid.
The next day (Tuesday) we were arraigned for the preliminary examination, Tom Harper, the alleged lawyer aforementioned, who had indignantly shaken the dust of our cells off of his feet a few days before, now appeared in the role of our attorney and asked for a continuance. We promptly repudiated him, and Forbes told the court that we would waive examination. Accordingly we were remanded to jail, and the next day were taken to Brownstown, the county seat of the county in which the crime had been committed. It was a slight mitigation of our condition to be placed in the custody of Sheriff Wicks, whose kindness was in delightful contrast to the blackmailing tactics of the police officials of Terre Haute. Thomas Harper, Esq., who had so magnanimously volunteered to ask for a continuance which we did not wish, easily obtained possession of the watches taken from Kerns and Forbes by the police, and retained them, alleging that he had a lien of $200 upon them for his professional (?) services. They were subsequently redeemed by Al. Burkey, of St. Louis, who paid that amount to the over-zealous practitioner, when the watches were sent C. O. D.
At Brownstown we retained Lon Brenneman, a lawyer of some local reputation. The next morning we telegraphed to Lieut. Governor Smith, of North Vernon, who came to us at once, and agreed to appear in our behalf. The Friday following, we had a preliminary hearing before a justice of the peace. At that examination Deputy, under oath, identified Kerns, because he was “bald-headed,” although he admitted that he was smaller in stature and lighter in build than at the time when he alleged that he committed the crime. He explained this discrepancy by swearing that he believed the prisoner’s clothes were stuffed when he first saw him, and added that on that occasion Kerns wore false whiskers. On cross-examination the witness admitted having been instructed by Lawler and Vandeveer to identify us as the men who had robbed him, because he would thus recover his money and also admitted the making of the contract with Burton and Burge. On this evidence we were held for trial on September 12, in bonds of $3,000 each.
Gov. Smith, our counsel, strongly urged us to retain Jason B. Brown, Esq., to which suggestion we assented. He himself went to Kansas City and St. Joseph, Mo., to obtain depositions in our behalf. These were secured from reputable citizens of those cities, and established the fact that we were not in the state of Indiana at the time Deputy swore that we had defrauded him.
The trial came off on the day appointed. Our consciousness of innocence made us confident, and we asked for no delay. Deputy repeated his story as told at the preliminary hearing, adding this time that when he first saw us we all wore false whiskers and wigs and all had our clothes stuffed out until we must have resembled a group of veritable Daniel Lamberts. He not only made the same damaging admissions as before on cross-examination, but also acknowledged that he had agreed to pay the prosecuting attorney $500 in the event of our conviction, or 25 per cent. of any money that we might pay by way of compromise.
Burge, the North Vernon liveryman, from whom the three swindlers had hired rigs, swore that we looked like the precious trio. He also testified to the fact that a gray horse was attached to one of the buggies. In this latter statement he was corroborated by all the witnesses but one, who, however, was positive in his identification of us. Others swore to having seen us in the neighborhood about the time of the robbery. This constituted the case for the state.
For the defence, were read the depositions taken in Missouri, which have been already referred to as establishing an alibi on the part of Kerns, and in addition witnesses were introduced in behalf of Forbes and myself, who swore positively that we were both at St. Joseph, Missouri, on the day when the complaining witness was defrauded. Among these were Harry Trimble, now the clerk of Judge Baker’s court in Chicago, and James Whitten, a responsible real estate owner of St. Joseph, both of whom were well acquainted with me. It is worthy of remark that Mr. Trimble was immediately arrested on the charge of perjury after giving his testimony, but it is needless to add that he was never tried.
In addition, a number of prominent citizens of North Vernon who had seen and remembered the men who had swindled Deputy were positive that we were not the parties. Among these was a Mr. Curtis, a wealthy stock man and the marshal of the town; another was a responsible merchant, and yet another Mr. Douglas Snodgrass, proprietor of the Snodgrass House at North Vernon, where the swindlers had stopped on the day of the perpetration of the crime, and where one of them had stayed for a week previously. The latter was corroborated[corroborated] by his wife, mother and three sisters.