McClamrock - Grace - murder or no - Fountain County INGenWeb Project

The case of the state vs. Dr. W. R. Stout, of Covington, was formerly dismissed Wednesday in the Parke Circuit Court by Judge Stimson, of Terre Haute, on the motion of the prosecuting attorney. Stout was indicted here several years ago for complicity with Phil Hauk in causing the death of Grace McClamrock, and after Hauk’s conviction was granted, a change of venue by Judge Harney. The case went to Rockville and was tried before Judge White, the jury disagreeing, two jurors holding out for conviction against the rest. Before the second trial Judge Stimson, of Terre Haute, was called in to preside and the trial was over except the arguments when the judge was taken ill. He was down for several weeks and the jury was discharged. It developed, however, that the jurors would not have convicted.   A third trial was never set and the prosecution simply wore itself out. The Rockville papers espoused the cause of Stout and it was clear he could never be convicted. It was agreed to drop the thing some time ago. Stout was present Wednesday in court and no doubt feels relived now that the last formality is over. Although released, he will always rest under an awful suspicion, and the majority of people will always believe that he was freed because he was not proved unquestionably guilty rather than because his innocence was shown. If Dr. Stout is really innocent, he is a terribly wronged man. However that may be, the prosecution of this case will doubtless have a wholesome effect and will ten to check, in some measure at least, the alarming prevalence of a most heinous crime.

Grace McClamrock, youngest daughter of L.B. McClarmrock, died Friday night at 8 o'clock after a short illness. The funeral occurred last Sunday from the house, 7 miles northeast of the city, conducted by Rev. F.P. Trotter. Interment at Oak Hill. The deceased was a beautiful and lovely girl

ELMDALE ITEM - A great many from here attended the funeral of Grace McClamrock last Sunday at the home of her father, Lemuel McClamrock. A large crowd attended the funeral. Mr. McClarmrock has the sympathy of all in his sad bereavement.

STRINGTOWN ITEM -- Grace, youngest daughter of L. B. McClamrock, died last Friday evening after an illness of only a few days. Grace was a kind and loving girl of sixteen summers, the pride and joy of her father and the hope of her two sisters. 'Tis sad that one so young and lovely should be called upon to lay down a life so full of hope and promise, but our loss is God's gain and while we are sorrowing the angels are rejoicing. While Grace will be greatly missed in the community her many kind acts will be long-remembered by a wide circle of friends whose heartfelt sympathy goes out to the bereaved father and sisters. She has gone to meet her mother On the bright celestial shore. Where no sorrow e'er shall bother Her sweet soul forevermore. We loved her. yes. we loved her, But. angels loved her more. A sweet and tender voice has called her To a brighter, happier shore. The pearly gates were open, A tender voice said come, And she has gone and loft us Though her life had just begun." - Kim H

Source: Crawfordsville Weekly Journal Friday, 20 March 1896

Quite a sensational scene was enacted at Liberty Chapel Tuesday while the congregation, which had gathered to attend the funeral of Mrs. George Fuller, awaited the arrival of the procession.  The church was rapidly filling up with the friends of the Fuller family when Mrs. Richard Hauk, accompanied by her son, Phil, entered and sat down just two seats in front of Mr. and Mrs. Lemuel McClamrock. Their appearance, as may well be imagined, caused quite a good deal of suppressed excitement. Mrs. McClamrock was so overcome that she was unable to restrain her emotions and wept bitterly. Mr. McClamrock leaned over to George Steele and wife, of this city, who occupied the intervening seat and remarked, “There sits the man who killed my daughter. We cannot stay here.”  So saying, he arose with his wife and left the church. The Horse Thief Detectives acted very promptly in the matter and Amos Quick marching up the aisle to the seat occupied by Hauk quietly whispered to him that it would be well for him to leave. He then left the church and Mrs. Hauk began to complain to those about her of the treatment accorded her son and herself—for the word of Mr. Quick included both of them. They kept their seats and in a few minutes, John Jackson, a trustee of the church, entered and walking quickly to the pew they occupied, quietly addressed them. When they retained their seats he stepped back and speaking loudly and clearly said: “As a trustee of this church I have been requested to order you to leave. I would advise you to do so at once.”

Mrs. Hauk and Philip still demurred, however, so Jackson spoke again saying: “I do not threaten you, but you will have to go. I would urge you to go quietly and without being forced.”

As he spoke he laid his hand on the arm of the young man, who then arose and followed by his mother, passed out. Soon after, Mr. and Mrs. McClamrock returned to the funeral service.

The affair was quite a sensational one, and had the Hauks resisted there is no telling what might have happened, so thoroughly were the friends of the McClamrock family worked up. The appearance of Phil Hauk in such a place was certainly unwise in him as he was tempting fate. Many present were surprised that things did not take a more serious turn than they did. - Kim H

Source: Crawfordsville Weekly Journal Friday, 31 January 1896

Last Friday evening Grace McClamrock, daughter of L. B. McClamrock, died at the home of her father, seven miles north of the city and the circumstances surrounding her death and the events which must of necessity follow from it are of such a character as to shock and sadden the entire community.

Grace McClamrock was merely a pretty child—barely sixteen—whose mother died when she was an infant. She was small for one of her age and was of a trusting and confiding nature, lovable and loving.

In an evil hour she met Philip Hauk, a well known school teacher of this county, a man of some considerable address and worldly experience. He won her love. She was but a child and implicitly trusted this man. It was her error but not her fault—her tender years, her innocence, her confidence were all against her.

Several days ago she was taken by Hauk to Covington, going on the afternoon train and returning on the evening train to Waynetown. On their return she was taken to her sister’s and on the following day Hauk called to take her home, but she was taken sick while he was driving her there. She was too sick to be taken all the way so Hauk stopped at his mother’s home. There the poor child suffered terribly for several days and Friday evening died.

On Saturday a warrant was issued for Hauk’s arrest, the same being sworn out in Covington. When Hauk came into town at 10:30, he was taken into custody and lodged in jail, protesting his innocence. At 1:10 o’clock he was taken to Covington to answer to the awful charge preferred against him. Dr. Stout of the same place will also be made to answer to it.

The affair is one so terrible and damnable that these two men stand black and hideous even though unconvicted as yet. A sweet child was presumably their victim and all the waters of the ocean could not wash the stain away. The family of the poor girl, who lies out there so cold, and so wronged, have the sympathy of all in their terrible affliction.

The post mortem examination was held by Coroner Barcus on Saturday and he found that the girl came to her death as a result of a criminal operation.

__

The article above appeared in Saturday’s Journal. There have been many developments in this sad case since then and they are reviewed as briefly as possible below: Hauk was taken to Covington and there placed under $1,000 bond. On Monday Coroner Barcus visited Covington and continued his investigation. Hauk made a written confession and implicated Dr. Stout as the doctor performing the operation. This statement, which is unfit for publication in a family newspaper, was sworn to by the unhappy young man. On the following day Dr. Stout was arrested and promptly gave bail, his father-in-law and the county clerk furnishing bond. He protests that he is innocent.

The preliminary trial of Philip Hauk came up yesterday at Covington. Some 200 persons from this county went to that place, most of them boarding the train at Waynetown. There was little of interest transacted then, however, as Hauk did not even appear. He waived examination and was bound over to the circuit court in the sum of $2,000, a bail he will not attempt to give.

It is with regret that The Journal publishes anything whatever regarding this awful tragedy. It is not matter which should have an entrance to any family circle. The readers of The Journal can depend upon it that this paper will not treat such matters in detail. k & k

Source: Greencastle, Putnam County, Indiana Banner & Times 31 January 1896 p 1

Covington, Ind - Jan 31 - Philip Hauk, the school teacher under arrest for causing the death of Grace McClamrock, has made a confession implicatnig Dr. Stout of this city, as the physician in the case. Three hundred farmers from Montgomery County were here yesterday to attend Hauk's preliminary trial, but trouble was feared and Hauk waived examination. His bond was increased to $2,000. Dr. Stout's friend in this city declare that they will stand by him, having confidence in his innocence. He is at liberty on $2,500 bond. - kbz

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READ BELOW for further information on this gal's death but never found the outcome :(

Source: Crawfordsville Weekly Journal 19 June 1896 p3 THE HAUK CASE. The Confessions of the Defendant are Admitted to Evidence—The Trial .. Progresses Slowly.

FRIDAY'S SESSION When court convened last Friday only a fair sized audience was in attendance, the heavy rain keeping many of the regular loafers away. However, as the hours passed on, the crowd increased and by noon the room was full. The first witness called was

FRED PITMAN. Was a member of the grand jury which indicted Hauk. The jury did not learn of the use of drugs on instruments.

WILLARD SMITH Of Covington, saw Phil Hauk on Jan. 18 going to the depot at Covington with a young lady about 4 p. m. The lady was young and small.

AUSTA T. L1VENGOOD Is a very small young man with the appearance of a fat Sunday school delegate. He resides in Covington, of which place he is Mayor. His law office is on the square and OD Jan. IS witness saw a couple on the west side of the square. The lady was the smaller. They were not together at first, but joined each other on the northwest corner of the square. They were coming from the direction of the station. They were going toward Dr. Stout's office. Couldn't say that the young man was Phil Hauk, whom he saw this morning for the first time since. Cross examination by Haywood:—His impression that the man was Hauk was partially formed by subsequent developments. Did not see them enter Stout's office. Mr. Haywood finally moved to strike out the evidence of this witness, but was overruled.

FOSTER FLETCHER, Late of New Market, resides in Madison township at present. On 18th of January lived in Coal Creek. That day saw Phil Hauk and Grace in a buggy going toward Elmdale. She was laughing. This was about 9 a. m. Witness was with Ben Swank, of Bristle Ridge.

MRS. MARY M'CLAMBOCK Is the wife of Lemuel McClamrock. Was married to him six years ago in May. Grace lived with him during her life. Saw Grace on Jan. IS in the morning. On Friday, the day before, she went to school and was perfectly well. On her return from school she helped about the work and read the papers. On Saturday morning she did her work and then went away with Phil Hauk. Witness saw them leave and Grace was well. Next saw her on the following Thursday morning at the Hauk place. Grace was then very sick and witness waited on her until she died. Grace's father also waited on her but no one else did. The witness was not cross examined.

LEMUEL M'CLAMROC Was recalled. It is four miles from witness' home to Elmdale by direct route. By the way of the Hauk house it is more than two miles further. It would have taken only a drive of a mile and a half further to have taken Grace to her own home on Sunday, Jan. 20, than to have taken her to Hauk's. It was her desire to go home. (That part of the testimony relative to Grace's desire was stricken out.)

CHARLES E. DAVIS Is Sheriff of Montgomery county. Phil Hauk was arrested Jan. 25. Talked to him in jail office. At this point Mr. Haywood objected to further questioning along this line as defendant was in custody of witness at that time, and that the defendant was then under duress, in fear and under threats. Mr. Haywood stated that he wished to examine witness in the absence of the jury to establish the fact that Hauk was at that time under duress and threats. The jury was withdrawn under the charge of a bailiff and Mr. Davis was excused while the defense started on a little side trial of its own before the court alone.

PHIL HAUK The defendant was then sworn. He testified that he was arrested on Jan. 25 by Marshal Grimes, who took him to jail where Sheriff Davis, the turnkey, and J. M. Keeney, were found awaiting. Messers Davis and Keeney told him that the people were in arms and angry. They told him to tell them a story about the alleged crime. Witness protested that he was not guilty of it, whereupon they told him that he had better acknowledge it anyhow, as if he did not that a mob would come in and hang him. Cross examined by Whittington:— Was arrested in Crane & Anderson's office, they being his attorneys in a case. Keeney told him that he would better say a certain doctor did this and that if he didn't so state that the court would send him to the pen for twenty years. Keeney cited a case of this kind as happening at Terre Haute and told him a mob was on his track. Harve and Al Taylor, he said, were out in the yard waiting to kill him. Davis told him that he would better say just what Keeney wanted him to and between them they frightened him almost to death. They claimed to be his friends and said if he would incriminate a doctor they would see that he got off all right. There were present in the jail beside Davis and Keeney, the defendant's father, Turnkey Dickerson, and Marshal Grimes. Davis and Keeney told him that if he did not confess that they would let the people have him and tear him up. Witness told them, therefore, who he thought committed the crime. Davis said: "Phil, I know your father is my friend and that he voted for me and you know I want to help you all I can. The people are very much wrought up and very mad and you had better say what Keeney wants you to or I can't be responsible for what happens."

R. M. HAUK, Defendant's father, was then called. Keeney endeavored to induce witness to influence Phil to incriminate a doctor. There was a big crowd on the streets and much violent talk. Witness heard Wes Grubbs talk violently, also Jim Miller. Witness told Phil to tell the truth and that if there was anything wrong to confess it. Did not hear Phil say anything to him except that he was innocent. In rebuttal the State called

SHERIFF DAVIS. Last saw Phil at the jail about 11 a. m. on Jan. 25. Howard Dickerson was also present. Witness at once pulled down the curtain at the north door, shutting out all view from the street. The defendant's father was not there during the chief talk with Hauk. The only ones present were the defendant, the witness, J. M. Keeney and Dickerson. Witness talked to Hauk about the case and told him in reply to a question, that the thing to do was to tell the truth. Nothing was said to him to effect that a mob would get him if he didn't incriminate some doc¬ tor. Did not hear Keeney speak of his getting twenty years in the pen Witness did not tell him that witness would not be responsible if he didn't confess. There were 110 evidences of a mob about the jail or. any unusual excitement. Hauk was perfectly cool and collectcd and weighed his answers. Did not advise him to state what Keeney asked him to. Witness made no threats. All Hauk told ."witness was voluntary. Cross examination by Haywood:— Always pull down the curtain at the north entrance after an arrest. Hauk cried when he met his father.

•J. M. KEENEY. Knows Phil Hauk and father. Was at the jail Jan. 25 to see Hauk. Hauk asked to see him. Shook hands with him and Hauk seemed cool and collected. Talked with him in the presence of Sheriff Davis. Did not cite a case at Terre Haute and did not advise him to tell that a doctor did it. Did not tell him that a mob was loose. Hauk's father was not there during conversation and did not come until noon. Phil talked of the case but no threats were made and no talk of a mob was indulged in. Hauk did not seem to be in fear. All Hauk said was voluntary. Cross examined:—Was with llauk an hour and stayed at Phil's request. Told Hauk's father that Phil ought to tell the truth. Did not tell Phil that he was in danger. Witness asked Hauk to tell all he knew and if any one assisted him to tell it. Hauk asked witness to ride to station with him/ HOWARD DICKERSON Turnkey at the jail. Hauk's father came about half an hour after the boy's arrest. Heard Keeney and Davis talk to Phil but did not hear any threats. Keeney and Davis told him that if he would tell who did it that it would save him trouble. Cross examination:—They told him that if he told the truth he would get off. Did not tell Clodfelter in Indianapolis that Keeney had told Hauk of the fictitious Terre Haute case. Phil cried about half the time at the jail. In response to some hard questions from both sides suggestive of sharp practice the witness suddenly cried out: "There hasn't been anybody trying to plug me up on this case. I'm telling the truth, I tell you!" The witness was then excused, the jury brought in and excused until afternoon and the arguments on the point of Hauk's intimidation were be¬gun. Soon after Mr. Haywood opened, however, the court adjourned for the noon session.

FRIDAY AFTERNOON. Attorney Haywood continued argument in relation to the admission of Hauk's confession in the Crawfordsville jail. Mr. llaywood read several authorities regarding the law as to threats and inducements. He then made a brief speech supporting his theory of the matter. He was followed by Judge Thomas who said there were no threats made. The statements made by those present during the time were simply inducements. The statute of Indiana now allows remarks in the nature of inducement. Attorney Clodfelter then made a statement of the same line that had been pursued by his co-counsel. Judge Snyder then ruled upon the objection. He said "I feel pretty clear in my own mind about the proposition and I shall not take time to refer to the authorities. Mr. Clodfelter's own statements are directly in conflict. The judge then reviewed the evidence and overruled the objection and admitted the evidence.

SHERIFF DAVIS When he first went into the jail he asked Hauk what the charge was. He said he was charged with having procured a criminal operation upon a young lady, Grace McClamrock. Hauk then told Davis that he had started to Danville on the Saturday before on the 18th of January but that Grace became sick at Covington and they did not go He confessed that he had been criminally intimate with Grace McClamrock. Afterward when Hauk was returned to the jail here, after the grand jury of Fountain county had refused to indict him, he, Davis, had several conversations with Hauk. Hauk said the confession made to coroner Barcus and Jere Keeney was true in the main that the confession was wrong in one word and that was where it said "I went to Covington on the Saturday before the I8th of January to "contract" with Dr. Stout. I did not "contract" I "arranged" with him.. Mr. Davis testified that Hauk told him that when they reached Covington he, Hauk, went first followed by Grace to Dr. Stout's office and that when they reached Dr. Stout's oflice, the doctor and Grace went into another room and when they came out both of them said to him that the operation had been performed. Witness did not think that the defendant was greatly excited while making his confession. On cross examination by Mr. Haywood, Hauk at one time told him that the confession at Covington was not true. At other times he admitted the truth of the statement. The cross examination was very rigid but Mr. Davis' testimony was not shaken. Sheriff Davis said be made no threats, nor did Keeney try to intimidate the defendant. At this time Mr. Haywood asked for the coroner's report. None had ever been filed with the clerk. Mr. Haywood then wished to know if the cor¬oner was present. He was, whereupon Mr. Haywood, by permission of the court, examined the coroner and found that the report was in the possession of Mr. Whittington. The court asked Mr. Whittington to produce the report. Mr. Whittington said he would gladly do so and that he had never before been asked for the report.

JERE KEENEY. Witness asked Hauk what he was arrested for when he saw him at the jail. Hauk replied that he was arrested for causing the death of Grace McClamrock. After a long time he said: "I will tell you this much. Grace and I were at Covington, but I'll not tell you who did it." On the way to the station Hauk told witness he would tell him all about it when he got to Covington. All the time Hauk insisted that he was not guilty, Saw him next at the Covington jail on Jan 27. At this point the jury was again taken from the room at the request of Attorney Haywood. The witness had been asked to detail the confession made there to Dr. Barcus and witness in the Covington jail. The jury having retired the defense begun its inquiry into the Incidents in connection with the Covington confession.

PHILLIP HAUK. Had a conversation with Jere Keeney in the Covington jail. Had the conversation in the corridor of the jail in the presence of his father. "Keeney said there was much excitement in Montgomery county and that I would better tell that Dr. Stout did it. Then he went over the story about the young man in Terre Haute again. That there was likely to be a mob down on me at any time, if I did not tell on Dr. Stout that the boys in Crawfordsville were howling for a free ride to Covington that John Ames was going to kill me if I didn't tell on Stout that there was a mob of 300 citizens lying near the house of my the father on Friday night before I was arrested in Montgomery county, and that if I had tried to get away I would have been killed." Witness said he thought Keeney was a liar and had been warned to disbelieve him. Said he was much frightened at what Keeney told him, so much so that he took two morphine tablets. Was very much frightened when he made the confession. Cross examined by Mr. Whittington, who asked him when he was told not to believe anything Mr. Keeney said. Witness said it was while he was being taken to Covington that after that he knew Keeney was no friend of his that he knew him to be a liar. Mr. Whittington: "Yet you were greatly frightened at what he told you about mobs and the Terre Haute story?" Hauk said that he was greatly frightened. Mr. Whittington followed up the advantage he had gained, plying the witness with hard questions until Hauk almost broke down. His eyes filled with tears and he nearly blubbered over. Witness said that after Keeney left the jail he took morphine and wasn't just sure what he did at the time he may (sic- made?) his confession

ANNA OCHELTREE Said she was in jail in Covington on the 27th of January. Saw Keeney leave the jail. Gave Hauk two morphine tablets bigger than the head of a pin and saw him take them. Said Hauk was crying for two weeks after he was arrested. Anna was incarcerated in the Covington jail for bigamy at that time. Cross examination by Whittington. Anna said she took two morphine tablets without injuring her mind any. Said there was but one door between the men's and women's cells at the Covington jail.

DENNIS MURPHY Said Hauk was crying more or less for several days. Dennis was a resident of the county jail by request of the State at the time of the confession. Dennis has a history of his own. He must surely be crazy for at one time he wanted to marry a man in Covington. Dennis said there was a door between the cells and the room where Hauk was taken and that, he heard no conversation. The cross examination disclosed the fact that witness was not certain that he remembered the day upon which the confession was made. In fact he did not seem certain of anything.

WILLIAM VANLEER Said he thought the officer requested him to come and stay with him at the jail a short time after Hauk was incarcerated. Said Hauk was rattled at all times. Did not know about the morphine. Was not cross examined. At this point some difficulty arose over the appearance of Lon Brown, a witness for the defense. When Mr. Clodfelter called his name he did not appear and it was learned to the great amusement of the spectators, that he was in the "body" of the Crawfordsville jail. Judge Snyder sent a deputy to bring him. While the sheriff was procuring Brown, the defense called Hauk's father to the stand.

MARION IIAUK Father of Philip Hauk. Was at the Covington jail when Keeney came. Communicated the threats to his son before Keeney arrived. Keeney told his son that there was talk of mobs, that he had been up to see the prosecutor and if he would tell the truth he, Philip, would get off more easily. Cross examined oy Whittington. Witness seemed much broken up on cross examination. Witness said he had Sheriff Davis telephone Keeney to come to the jail and go with him to Covington. Keeney saw him on the train going to Covington. Witness told his son to tell the truth. Said the reason he did so he had been told that Philip would get off easily if he would make a statement and tell all.

AI.ONZO BROWN. At this point Mr. Brown having been brought up from the "body" of the jail, he was placed on the stand. Lives at Attica when at home. Was temporarily staying in the Covington jail at the time by request of the Sheriff of Fountain county. Heard Keeney tell Philip "if he did not tell all he knew about Dr. Stout he would get twenty years." Witness said they were all in the same apartment at the jail and that he heard Keeney make the state¬ment. All the other witnesses, even Hauk himself testified that the conversation took place in an adjoining room and the door was closed. His evidence did not occupy with that of others. Court then adjourned to meet at 9 o'clock. 8ATURDAY. When court convened in the morning the court room was well filled as usual, although there was an appreciable and grateful diminution in the number of women, who have nothing to do with the case, present. The jury was continued in exclusion and the evidence regarding the admission of Hauk's Covington confession continued before the court. The defense having concluded its evidence in the collateral matter, the State began the presentation of its side by calling

J. M. KEENEY. Was in the Covigton jail with Dr. Barcus, John Ames and F. M. IIauk to see Phil on Jan. 27. Witness talked to him about the case and Phil was much affected. Witness advised him to tell the truth and Dr. Barcus did the same. Phil said that he didn't do it and that Grace didn't do it, and that he didn't believe it would be right to tell who did. Finally, however, after talking with Ames, Phil suddenly slapped Ames on the knee and stated that he would tell it all. It didn't seem right to give the doctor away but since the folks at home were being dragged into it he thought he ought to. Phil then told the story and afterwards when Dr. Barcus wrote it out he signed it. Cross examination:—Phil was then in great distress. He would moan, cry and declare his innocence. He seemed extremely distressed on account of the connecting of his mother and sisters with the affair. Phil took the written statement in his own hands when he read it. Said he hadn't slept any but said nothing of a headache. There was great excitement in Covington that day. Phil seemed to be afraid of Ames. Re-direct—After he had signed the confession he was bright and cheery and said he never felt better in his life

JOHN AMES Is a brother-in-law of Grace McClamrock and visited Hauk at his request in the Covington jail on Jan. 27. When witness met Phil in the corridor of the jail Phil broke down and asked regarding the feeling of the people. Phil asked witness if he had stayed out all one night to get a chance to shoot him. Phil protested that he had loved the girl. Witness did not tell him to charge the crime to Dr. Stout, and made him no promise of release, but did tell him that a confession would probably lighten his sentence. Phil finally declared that he would confess, whereupon his father shook his hand and stated that he was very glad. Cross examination—Did not indicate to his father what he would confess. Defendant had no attorney present. Phil's father left before the confession. Witness was not under the influence of liquor that day and does not ever become so.

DK BARCUS. Talked to Phil in the Covington jail on Jan. 27 in the presence of Phil's father, and the witness stated that if Phil would tell the truth that witness would do all in his power to have his sentence lightened. Phil's father repeatedly urged Phil to tell the whole truth. All present stood around and urged him to tell the truth and give the Doctor away. Heard nothing said to him regarding the liability of mob law. When Phil declared his intention of confessing all parties present shook hands with the lad and rejoiced greatly. Phil first told the story and was then sworn by witness who wrote the story out and read it to the defendant, who offered corrections and signed it. Witness did not regard the defendant as under the influence of morphine at that time. Witness made no threats or offers to Phil to extort a confession. Witness was more excited during the recital of confession than was the defendant.

Cross examined:—Witness was excited during confession. Witness was intent on getting a confession. Thought of little else but wanted a true statement. Knew Hauk was distressed. Thought it fair to accept a statement from Hauk while he was in such a' condition. Witness told Hauk that Dr. Olin had made a statement and to told him to induce him to confess Did not tell Hauk that Dr. Olin's statement would convict him. Very little morphine would affect a person not used to taking it.

NATE M'CLURE Is Deputy Sheriff of Fountain county and had charge of the jail last January. He explained the geography of his den, the purport of his evidence being to show that the jail bird who testified yesterday could not have heard the confession. On the afternoon Phil confessed he told the witness that he had told the story and that he felt better- This concluded the State's evidence on the collateral question so the defense recalled

PHIL HAUK. Witness did not read the confession and when he made the statement Keeney and Barcus prompted his answers. After it was written witness objected to signing the document, but finally did so upon Dr. Barcus' promise to change it somewhat, especially as relating to his previous arrangements with Dr. Stout, he denying having done so. This concluded the evidence and Mr. Haywood made the legal argument on the point at issue. During Mr. Haywood's address, the defendant and Goldie Bowers, wept copiously. Attorney Whelan who sat behind them also dropped a few briny tears. The State offered no argument and Judge Snyder promptly stated that he failed to find that the witness was influenced by fear or threats and that therefore the evidence of the confession would be admitted to the jury. The defense then filed objections to the testimony of J. M. Keeney on the ground that he would testify to statements which Hauk had made when influenced by threats and fear and was under the influence of morphia. The objections were overruled and at 11:10 a. m. the jury was brought in.

J. M. KEENEY Was recalled and the protested question was again asked. Mr. Keeney now being allowed to answer it. He then testified to the same facts narrated in his evidence before the court which is published above. Witness in addition detailed Hauk's account of the arrangements made with Dr. Stout on Jan. 11, the commission of the crime on Jan. 18 in the doctor's office and the trip of defendant and Grace to the home of Everett Morrow immediately after. The cross examination covered Friday and Saturday's testimony of witness and is materially detailed else where in the account of the examination before the court.

SATURDAY AFTERNOON. The session began at half past 1 and the crowd was much smaller than upon the previous afternoon. The first thing after court convened was the reading of Hauk's alleged confession which appeared some time ago in a local paper.

CORONER BARCUS, Coroner of the county, held an inquest and examined witnesses. That was several months ago and the report has never-been filed with the clerk. Here Mr. Haywood again asked for the Coroner's report. Judge Snyder ordered Dr. Barcus to bring his report into court.

JERRE KEENEY Was recalled and asked in regard to a newspaper article which had appeared in his paper. On cross examination Judge Thomas asked Keeney if there were not some literary embellishments, and Keeney said there were.

NATHANIEL M'CLURE Has known Hauk several years. First time he saw him was at the jail on the Saturday he was brought to Covington. Had several talks with Hauk. Had a talk with him regarding the alleged confession at the jail. Witness came in and Phillip said he had a great load off his mind. This was on Monday evening. Had a talk with Hauk next day at the jail. Asked Hauk if he could describe the man who was in Dr. Stout's office while he was there This man had been introduced to him as being from Hillsboro. He asked Hauk if he was certain he could describe the man from Hillsboro. Hauk said he was sure he could remember the man and said: "Do you think 1 could forget a man under such circumstances?" Went to McClamrock's and got Grace and left the impression that they were going to Wingate but that they went to Elmdale and stopped at a Mr. Hauk's and remained there until they had just time to get to Waynetown, where they ate their dinner and took the afternoon train for Covington, where he and Grace went direct to the office of Dr. Stout, where they remained until about fifteen minutes before the train came east on the Big Four at 4 o'clock, when they went direct to the depot and came to Waynetown and from there he and Grace went to Ernest Morrow's near Wingate, where Grace remained all night. Hauk told witness of the agony Grace felt when on the road from Waynetown to Morrow's house and the terrible agony she had the Sunday she was taken from Morrow's to the home of Hauk's mother. Witness was also told the confession substantially as it had been made to Dr. Barcus. Phillip said when they were in Dr. Stout's office a man came in from Hillsboro, and Dr. Stout said he was busy and that Grace and Dr. Stout went into another room and he, Hauk, locked the door. He heard water being poured and some noise and in a few minutes they came out and Dr. Stout said it was all done and was perfectly harmless, but gave her some morphine tablets. Dr. Stout said he had performed such operations before.

JOHN AMES Son-in-law of Lem McClamrock, was in Covington on the Monday after Hauk had been arrested. Saw Hauk's father in Covington, who asked him to go down and see Phillip at the jail. Went to the jail and Hauk asked Ames if he had threatened to kill him. Ames said no. Hauk said he did not believe it when he heard it. Mr. Ames' testimony corrobored that of Deputy Sheriff McClure in regard to the confession.

CORONER BARCUS Saw him first on Saturday night. The turnkey let Dr. Barcus in the jail, where he found the prisoner alone and asleep. He aroused Hauk and asked him if he had anything to say. He said no and referred witness to his at¬torney. Mr. Anderson, Reminded Hauk that he had confessed to Dr. Olin and to others at the Crawfordsville jail, but the prisoner again referred the witness to his attorney, and Dr. Barcus soon left. The Coroner saw him again on Monday, first in the morning and afterward about noon, at which time Hauk made the confession which had been heretofore related by other witnesses. The coroner's testimony corroborated that of many other witnesses. Dr. Barcus was of opinion that Grace McClamrock's death was caused by septic poisoning and said it may have been introduced into the girl's body by unclean instruments, that such introduction caused her death. The doctor said when asked regarding it that it was not rust on the instrument but a microbe which might be infinitesimal in size but would soon multiply and increase multifoldlv. The witness then went into a detailed medical narrative of the probable cause of the girl's death. He was then handed Hauk's corrected written confession which he made at the Covington jail. He detailed how it was taken. Dr. Barcus wrote the statement. Hauk dictated it after having been sworn to tell the truth. After it was all written it was again read to the defendant who made what corrections he wished and he, (Hauk) then signed it of his own free will and remarked after it was all done that he had never felt better in his life. Hauk said after signing his name that "he wrote a pretty good hand under the circumstances." Cross examined by Mr. Haywood— The cross examination was very rigid but the testimony was unshaken. The doctor said that death might ensue in a few hours after an operation had been performed but it might not occur for two weeks. The witness was then cross examined regarding his medical opinions very closely, after which Mr. Haywood asked the witness if he thought it fair to obtain the confession of the defendant under the circumstances, and he said yes, he did.

JERE KEENEY Was again recalled by the defense and gave some unimportant testimony. The court then adjourned till 9 o'clock Monday morning. The testimony of Dr. Barcus was much of necessity unfit to publish, yet during the giving of it, a large number of ladies sat, seemingly without a scruple gobbling up every morsel of it. Indeed they acted as if they were afraid some of it might escape before they heard it. How they could sit and listen or why they wished to, is certainly a mystery.

MONDAY MORNING.

The second week of the Hauk "trial began Monday at about 10 o'clock, the delay being occasioned by Roe Miller, of Darlington, who was obliged to feed his blood hounds before leaving home. The crowd was not large at the opening of court but before proceedings had progressed very far the veteran loafers began to drop in.

MISS ANNA ARMENTROUT of the post office force was the first witness called. Was delivery clerk on January 25 on which day a young man resembling Phil Hauk called at the office and asked for Grace McClamrock's mail. Witness refused to give him any. The young man was pale and excited and left the office hurriedly. This was about 9 o'clock. Cross examination—Hauk closely resembles the man who called. The defense at this point called for Hugh Patton but he came not, and the witness was temporarily excused.

LEMUEL MCCLAMROCK was recalled. Hauk called at witness' home to see Grace on Sunday, January 12. They went to church together in the evening at Thompson's Chapel. Hauk had been there on the Sunday previous also.

THE WRITTEN CONFESSION

was then offered in evidence. The defense objecting on grounds previously stated and also on the ground that this court has no jurisdiction, the matter written relating to occurrences taking place in Fountain county. Mr. Whittington then read the confession, an impressive silence prevailing. During the reading the defendant, his mother, sisters and Mr. Cross listened very intently, while F. M. Hauk, his father, hid his face in his arms, which he rested on the table in front of him. The confession is unfit for publication, narrating with a considerable degree of circumstantiality the details of the crime. In the confession the defendant sets forth that the crime was performed against his will, he wishing to marry the girl.

MISS SARAH HAUK was recalled. On Monday morning, June 20, Phil called at witness' home and requested that she go to Phil's home and be there when Lemuel McClamrock should call, and tell him that she had been there all night. Dr. O. H. Jones was called, but came not. The state stated that it would be ready to close when he had testified and asked the permission of the defense to introduce his testimony when he should come. Mr. Clodfelter, for the defense, refused, stating that he (Continued from sixth page.) wished the prosecution to entirely close before the defense began. Accordingly the court called on the clerk to issue an attachment for the doctor, who was out in the country on professional business. The attachment was accordingly issued and the jury took a recess until a minion of the law should come into court with the body of the doctor. It was nearly 11 o'clock when the doctor appeared and the jury was brought in. The judge called on the doctor for his excuse and he stated that he lhad been called to the country on an urgent case, that he supposed other witnesses could take his place for the time and that be knew that court would be late in convening. Judge Snyder stated that the witness should have left word and that an example should be made of a dilatory witness. He finally said that he would take the excuse under consideration.

DR. O. H. JONES was present at the autopsy and assisted. The doctor's testimony corroborated that of Drs. Olin and Barcus. On cross examination the doctor and Mr. Haywood had an exciting tilt on "the germ theory," and the merry microbe was dragged about the court room in a malicious manner calculated to do it harm. The State here rested its case and the court adjourned until 2:15 o'clock

MONDAY AFTERNOON.

DR. JONES Was recalled by the defense. The State asked the witness no questions The defense made a motion asking the court to require the State to elect upon which count they will rest their case. Motion was overruled by the court very promptly. Clodfelter again made the same motion in another way, which motion was overruled by the court. Mr. Clodfelter then read a certified copy of the indictment, as the original one had been lost. The judge ordered the clerk to make an order that the trial proceed upon the certified copy of indictment. Mr. Clodfelter then delivered to the jury the opening statement of the defense. It was half past 3 o'clock before the defense called the first witness.

DANIEL MURPHY lives near Elmdale and knows Hauk. "Had saw" Grace McClamrock several times and knew her slightly. Had seen them together often. Saw them at Liberty church in the McClamrock neighborhood two or three times. Witness was asked if he knew whether Grace and Hauk were engaged to be married. [Objected to by State, objection sustained.] Witness excused.

HUGH PATTON Was a witness for the State. Lives in thee McClamrock neighborhood and was acquainted with Grace McClamrock family. Saw Grace and Hauk together. Witness took Grace McClamrock to Center School House on Washington's birthday two years ago. Hauk was then teaching school at that place, and saw them going together afterward. Was at Hauk’s the afternoon before Grace's death. Spent the night with Hauk before he was arrested. Hauk was much troubled all night. Came with him to town upon the day Hauk was arrested. Went to Covington the next day with John Ames, went into but did not mind whether Ames went into the jail. Saw a ring on Grace's finger but was not sure it was an engagement ring. Witness had received letters from Grace. Knew her handwriting and identified a number of letters written in 1895, one to himself and a number of letters that she had written to others, one bearing date of Jan. 11, 1896. Witness was somewhat uncertain about handwriting, but finally said in his best .opinion the letters were written by Grace. Cross questioned by Mr. Whittingtou Never saw Grace write but once, The judge had much trouble in getting the witness to speak out. Gave his letters to Phillip Hauk. Gave them to hi, he said, he thought, in a good cause. Witness was quite chummy with Hauk

LAURA QUlGGLlE lives in Crawfordsville and knew Grace and defendant. They were at the residence of the Quiggles on December 1. Grace said that Mr. and Mrs. McClamrock were coming to town .to live, and witness said, 1 suppose you and Phillip will marry." Grace replied that she did not want to come to town and that she would live in the •country, but that she did not expect to live alone. Hauk said Grace was not treating him right

NINA HAUK Lives near Elmdale and is a cousin of Hauk There were a number at the Quiggles watching the old year out. The whole crowd was scuttling and falling around. Grace was scuttling with Jim Foley when she fell over. Saw Grace at her (witnesses') home, where Grace and she and others were running up and down stairs, and that Grace jumped from a porch some two feet high. Grace and Nina had a scuffle, during which she and Grace fell, Grace falling upon the witness. Mr. Whittington—"Did any of these 'falls hurt you?" Witness said, No -Sir."

SARAH HAUK Was with the crowd that Nina described. She said she remembered no failing down. Said afterward that -Jim Esley and Grace fell over a chair. Said Philip and Nina and Grace were scuffing. Witness heard this from the kitchen. Went hickory nutting from Lern McClamrock's last Fall. Witness and Lem McClamrock, Hauk, Grace and others went nutting. Cross examined by Mr. Whittington: —Witness knew of no one being hurt but Nina Hauk. At this point the defense had much 'trouble in getting a witness as a number of those called were absent. Judge Snyder declared he would fine every absent witness, stating that the witness had as much reason for being present as the jury.

HATTIE DIXON. Knew Hauk's family. Was at Hauk's home last winter. Did not know 'Grace McClamrock. Was asked by Hauk to be present at the infare. Witness was a hair dresser. Was aother talk of there being a marriage about Christmas time. Cross examination:—Said Hauk had some wigs rented. Said Hauk asked her in September, 1895, for the wedding which was to occur in March following. Afterward Hauk came and talked about getting married about Christmas.

HOWARD DICKERSON. Judge Snyder fined the witness $1.00 for being absent when called. Witness is turnkey at jail. Jim Grimes brought Hauk to the jail and the two remained in the office. Charley Davis and Jere Keeney came in later. Were few people near the jail. Witness said he did not know Hauk was arrested until somebody told him. Heard no noise on the outside. There was a gang on the outside. Did not hear any noise. Cross examination by Mr. Whittington:—There was no more of a crowd than upon any other occasion when a man was arrested for intoxication.

AI. TAYLOR. Did not see Hauk arrested. Saw the turnkey, Keeney and Sheriff Davis at the jail when Hauk was taken to the jail. Blind was not down but could not see the prisoner. Some crowd around there. There were several around there. Once and a while a man would go up to the door and then away. Paid no attention to any remarks. People were generally pretty hot and excited. Allen Moore did not come to him that day and ask him to join a mob. Some time afterward Allen Moore said, "If he got out and the law didn't handle him the people ought to." On cross examination by Mr. Whittington witness said he did not go to the jail to mob Hauk that some of Hauk's friends were in the crowd near the jail that Allen Moore said nothing to him of any mob until after Hauk had been returned to the jail here after the Fountain county grand jury failed to indict him.

SOL TRUITT, Cousin of Grace McClamrock. Saw her shortly before her death. Saw her at his store. Asked her to go home with him for dinner. Said she did not care to go as it was too far. Grace said nothing about feeling badly or being sick. Did not tell Stanley that Grace had said she was sick. The witness was not cross examined. The names of several witnesses were called and they were not present, whereupon court adjourned until 9 o'clock Tuesday morning.

TUESDAY MORNING'S SESSION. The first witness called was

JAMES GRIMES, City Marshal, who was at once called down by the court, who asked him where he was when wanted yesterday. He said he was in the country on business, but the court very promptly fined him $2 and the testimony then proceeded. Witness arrested Hauk in Crane & Anderson's office on Jan. 25, on an affidavit sent from Fountain county. Did not remember having heard Hauk assert his innocence on way to jail or having heard him say that Grace did it. Witness took Hauk to Covington that afternoon. Witness also brought Hauk back when Covington grand jury failed to indict. .

1 F. DAVIDSON, Who testified for the State, was called. Did not remember a conversation with township trustee Hatfield, of Covington, relating to Hauk's presence in Covington on Jan. 11.

WILL H. MAHAN Lives near Vail school house. Knew Grace McClamrock and saw her about Jan. 10 or 17, coming out of Will McClamrock's yard within 300 yards of school. Witness was accompanied by his brother at the time.

JOHN R. PUGH, Of Covington, was Dr. Stout's driver on Jan. 11. Remembered the convention at the court house that day. After dinner that day Stout went to the convention and witness to Dr. Stout's office. Witness remained in that office all afternoon, except once when he at the instance of George Kerr, of Hillsboro, went to the court house to call the Doctor to the office. The Doctor did not come until 5 p.m Before that time, however, Kerr had personally cone to the court house in search of him. Hauk did not call at Stout's office that day. Witness was working for Stout on Jan. 18. In the afternoon the witness drove the Doctor to make four calls. Started immediately after dinner and did not return until 3:30. The Doctor went into the office and witness took team to the barn, not returning to office until 6 p. rn. Hauk did not see the Doctor that day while witness was with him. Cross examination—Left employment of Dr. Stout on April 22. Testified before both grand juries. Witness did not remember drives except on the days in question

JAMES FOLEY, A brother of the "free silver tongue" Mike, was called and was yanked up by the court for not being present Monday. Mr. Foley told the court that Clodfelter had excused him until Tuesday, so the court fined Mr. Clodfelter $1 00. "I'll pay it," said Mr. Clodfelter. "You can pay it in silver," responded the court and the crowd gave a great big horse laugh. The witness was at Miss Sarah Hauk's on New Year's eve with a big crowd of young folks cracking nuts, eating candy and chewing gum Did not remember scuttling with Grace that evening.

JOHN AMES Lives near Lem McClamrock's and is his son-in-law. Did not see Grace going to school on Jan. 17. On a question as to whether Grace was of a positive character the witness replied, "She was merely a nice every day girl."

GEORGE KERR, of Hillsboro, knows Dr. Stout and called at his office on Jan. 11 about 2:30 o'clock. The driver told him that the doctor was at the court house and went after him. The doctor didn't come so about 4 o'clock the witness went to court house. Met the doctor there, talked to him and then went to the home bound train.

WM. ALONZO BROWN was called and stated that he was in the body of the Covington jail during the incarceration of Hauk. Saw Keeney with Hauk there one day. Keeney took Phil into a cell and told him that if he didn't confess he wouldn't get less than twenty years in the pen. Phil was crying and excited a great deal of the time. Cross examination:—Keeney looked to be 6 feet 2 inches high. The next witness to mount the stand was gentle

ANNIE OCIIELTREE resplendent in a gorgeous bonnet (the fanciful creation of some Paris milliner), a palm leaf fan, a pink shirt waist with about forty rods of ribbon and puff sleeves. For the last few days Annie and Dennis Murphy have been "joshing about" together and it is not improbable that Dennis may yet relinquish his desire to marry a man and may lead Annie to the rose strewn altar of hymen. Annie knows Phil Hauk, meeting him in the Covington jail where she was an involuntary boarder. She saw Keeney and another man visit Phil. At this time was crying, moaning and calling for Grace. Witness saw them through a hole in the door. Witness had given Phil two powders of morphia that morning and saw him take them. Cross examination:—Witness was confined in December and was liberated in May. Witness took morphia herself.

CHARLES E STUART Is Auditor of Fountain county and at convention on Jan. 11. Convention was called to order a little after. 2 o'clock. Dr. Stout was present and made a speech. The convention was probably an hour and a half long. Dr. Stout was present all the time and made some sizzling, red hot remarks.

SYLVESTER ELWELL Is ex-Audiior of Fountain county and is Riley McKeen's candidate for Representative from Fountain county. Has known Stout 14 years and saw him at the convention on Jan. 11. The convention was called to order about 2:30 and Stout was there before that time. There was a row in the convention and the Doctor scrapped in a lively manner. Witness went down the stairs with Stout about 4 o'clock, at the time of the adjournment.

OLIVER PERRY LEWIS Is a Covington lawyer and knows Dr. Stout. Saw him at the convention on Jan. 11. Witness was chairman and spoke. Thinks the Doctor was present all the time, as he took a very active part. Convention was more than an hour long.

DENNIS MURPHY. Met Hauk in the Covington jail. Was with Lon Brown on the occasion of Keeney's visit Phil was in a greatly distressed state of mind during his incarceration there. Witness saw Hauk take that morphia.

ROY E SMITH Is a Fountain county school teacher and saw Stout at the convention Jan 11. Stout sat by him during the entire session. The convention was probably an hour and a half long.

FRED BOORD, The fat ex-Senator of Fountain county, saw Stout at the convention. Went from Recorder's office to convention with him at 2:15. Had found him in Recorder's office with Kiefer. Did not see Stout leave convention. Convention adjourned after 3:30.

JOHN G. K1EFER Lives in Covington and saw Dr. Stout at the convention. Stout was in the court room before the convention began at 2:20, witness calling it to order. Witness did not see Stout leave the room.

OLIVER BOORD Is Fred's pa and lives in Covington, where he runs the Cottage Hotel. Sow Stout at convention, which adjourned just about 4 o'clock. Witness remembers because he had to make two trains in search of the unwary traveler. Witness was positive that Stout did not leave the convention that afternoon.

TUESDAY AFTERNOON. The customary crowd was present and when court convened at 2:30.

ALEXANDER HETFIELD, Township Trustee of Troy township. Knew John F. Davidson. Testified to a conversation with Dr. Davidson. On cross examination witness stated he was one of Dr. Stout's bondsmen. Most of the afternoon was taken up in presenting to the jury the hypothetical element of the defense's case. A large number of medical questions were asked, which, like their answers, are unfit for publication.

D.F. WASHBURN Physician at New Richmond for the past 23 years. Witness was asked a long hypothetical question in regard to septic poison, the purport of the question being to prove that a death resulting from similar conditions of the human body as those under which Grace McClamrock died might have been caused by some other cause. Witness was asked a great many technical questions. He believed in the germ theory. More than a majority of the cases of septic poisoning are brought about by the introduction of gems by the patient Cross examined by Mr. Whittington: —Witness said he was not a graduate of any college.

D. N. BLACK, Physician. Has practiced 31 years. Witness corroborated the testimony of Dr. Washburn very closely.

DR. JOHN N. TAYLOR Dr. Taylor's evidence was on the same line as that of the two preceding physicians.

KIRK S. VICKEKY Has seen Hauk. Saw Phillip Hauk on Jan. 11 in his pool room situated on the street running to the depot, two blocks from the depot. Hauk came into his place about a quarter before 3 o'clock and remained there until train time, with the exception of a few minutes about half past 3 o'clock. Cross examined by Mr. Whittington —Witness was asked if he did not tell Lemuel B. McClamrock and himself that Hauk only played three or four games of pool and that he (Hauk) was there but about thirty minutes. This the witness denied

ALLEN SCHAFF Saw Stout at the Republican convention. Believed Stout remained in the convention during all the session.

WILLARD SMITH Saw Stout at the Republican convention. Saw Dr. Stout at half past 2 when the convention was called to order. The convention closed at half past 3 o'clock.

W. BOYD. Ex-county surveyor. Convention organized at fifteen minutes past 2 o'clock, Saw Stout in the court room after the convention closed. Said he saw people going to the train when he left the convention hall. Said he and Stout were close political workers.[Attorney Haywood here interposed an objection stating for grounds thereof that attorney Whittington had no right to inquire into the political work of Fountain county. Judge Snyder sustained the objection stating that if the Republicans were being helped by such friendship that no one was harmed.]

MRS DR, MARTHA GRIFFITH. Been a physician for twenty-seven years. Mrs. Griffith makes a specialty of that particular division of medicine about which the questions of the defense were directed. The questions were many and technical and are like those asked other physicians unfit for publication. During the time that Mrs. Griffith was on the stand Judge Snyder interrupted Mr. Clodfelter and asked him if the defense was done with those witnesses who had to be kept here at this county's expense. Mr. Clodfelter said yes. So Deputy Brothers was instructed by the court to go with this precious lot of jail birds to the depot where he was to buy them tickets and send the whole crowd of them back to dark and bloody Covington. The examination of Dr. Griffith occupied the attention of the court until time for adjournment came. The court then adjourned to meet at 9 o'clock Wednesday morning.

WEDNESDAY MORNING. Court convened at 9 o'clock in the morning with probably the lightest crowd in attendance that has been yet during the progress of the trial. Only a few of the loafers were on hands but they fell in gradually and in fair order until by 10 o'clock a fair sized crowd of spectators were present. Sherman Vanscoyoc, a witness, being absent an attachment was issued for him by the court.

MRS. DR GRIFFITH Was recalled. Was examined and cross examined relative to possibilities in the medical science in regards to the condition of Grace McClamrock. The cross examination was very rigid and some expert questioning was done

MRS. JANE WATTS Lives in Coal Creek township. Knows Dr. Olin and was attended by him January 18th, during her sickness.

AMBROSE MOORE Resides-in Covington Sheriff of Fountain county. Knows Phillip Hauk since his arrest and incarceration in Covington. Had a conversation with Hauk. Did not see Keeney or Ames there. Took him up to his sleeping apartments and talked with him. Hauk was calm and detailed the story of the case denying the truth of all but a part of the newspaper accounts. Cross examination:—His wife is a first cousin to Phillip Hauk's mother.

FRANK MAHON Is a brother of Wm. Mahon. Lives near Vail's school house. Saw Grace McClamrock on Jan. 17. She was going toward the school house.

W. B. PATTERSON Resides in this city and is agent for C. C. C. & St. L. railway. Was agent here both on January 11 and 18. Train time was the same on both of these dates. Train in afternoons left at 1:10. Takes 55 minutes to run to Covington. Train from the west was due here at 4:49 and to leave Covington at 4:08, 7 minutes late usually going east.

MRS. M. HAUK Is the wife of R. M. or "Dick" Hauk and is defendant's mother. Has five children Resides 8 miles northwest of Crawfordsville and 3 miles from Lemuel McClamrock. All relations have been friendly. McClamrock's family have often visited her house. Have attended churches and societies together. Grace McClamrock came to her home about 6 p. m., January 19 in company with Philip Hauk. Grace was sick and sat down by the stove and afterward was put to bed. Philip said "Ma, Grace is sick, put her to bed and I will get a doctor." The doctor came one hour and a half later. Grace seemed chilly, had cold feet. Witness got warm water and bathed her feet and then put her to bed. Doctor said: "Grace, I understand your case and will have to make an examination." He remained until 4 o'clock a. m. Grace had high fever in the afternoon on Monday. Her fever was lower Tuesday. Grace was growing seriously worse on Wednesday morning. Witness waited on her ail the time personally. Had a conversation with Grace on Wednesday morning. The jury here withdrew by order of the court and Grace's dying statements were repeated. Grace called witness to her bedside and said: "I know 1 am going to die." Witness said: "No, Grace, you are not." Grace answered: "Yes, I know I am. You have been so good to me I want to tell you the truth about this matter." The witness cried while reciting the touching scenes. Grace died Friday evening at 5:20 o'clock. Cross examination—Had the conversation with Grace between 6 and 7 a. m., after breakfast. Phillip was not present. Her husband was present a part of the time. Witness was cleaning up the dining room when Grace called her. Phil had started to school early. Told no one of the conversation between herself and Grace. Lemuel McClamrock arrived after 8 o'clock. This testimony was admitted for the jury after objections had been raised and a warm legal argument and the jury was recalled to hear it. Witness further stated that Mrs. McClamrock came Thursday morning at 9 o'clock. Was waiting on Grace at the time. She took a chair by Grace's bedside. Dr. Gott arrived about 10 o'clock Wednesday morning The Doctors (Olin and Gott) placed Grace under chloroform before operating with instruments. Grace grew worse afterwards. Relations between the Hauks and McClamrochs were friendly up to the time Grace died. When she died Mr. McClamrock bade witness goodbye and thanked her for what she had done for Grace, and for her (Mrs. Hauk) kind treatment of their family. Before Phillip started to school Monday morning he requested that Mr. McClamrock be sent for. The witness was again subjected to a rigid cross examination lasting one hour, when court was adjourned until 1:30 o'clock.

WEDNESDAY AFTERNOON. During the session in the afternoon there was a large number of ladies present. About half the audience were women.

MRS. "DICK" HAUK. Mrs. Hauk was recalled and asked impeaching questions regarding some conversations she had with neighbors during the time of Grace's last sickness. Witness was asked if she did not tell someone "if Grace was a daughter of her's she would not be frightened about her," and denied having had such a conversation. Said none of the neighbors visited Grace the time of her illness that were admitted to the SICK chamber. Some called but they did not see Grace, with the exception of Mrs. James Ames and Amos Ames, who were there and saw Grace during the afternoon of her death.

"DICK HAUK," Father of the defendant. Have always been very friendly with the McClamrocks. When Grace came on the Sunday evening she went to a room and lay down upon a bed. Was absent when Dr. Olin came on his first visit. Was at home on Wednesday morning. Hauk was there on Tuesday night. Taught school and boarded at home. Witness heard conversation between Grace and his wife. Grace said: "Mrs. Hauk, you have b^en good to me I am going to die nobody is to blame but me." This talk happened early Tuesday morning after Hauk had gone to his school. The McClamrocks were' there during the time after Wednesday. Witness was at Covington when the famous confession was made. Phillip was in a "bad" shape, and witness was much troubled himself. All the alleged threats which have heretofore been published in the JOURNAL were gone over by the witness—the Terre Haute story and the threat regarding mobs, etc. Witness said Hauk had slept none the week before being incarcerated in the body of the Covington jail, as he never took off his clothes. Cross examined by Mr. Whittington: —Found out Monday noon, through his wife and the doctor what was the matter with Grace When asked on cross examination regarding the conversation between his wife and Grace McClamrock, "Dick" Hauk said he had never told any person of the knowledge he had imparted to him by the above conversation until after the confession had been made at the Covington jail, and from then till now he has told none but the members of his own family. Witness was then asked regarding a conversation held with Lem McClamrock wherein he stated to Lem that "he felt as badly as he (Lem) could feel about the matter and that knew nothing about the cause which led to Grace's death." This the witness denied. Said he had had no such conversation with Mr. McClamrock

MRS. ELLA M'CLAMROCK. Her husband is a half brother of Lemuel McClamrock. Knew that Grace went to school at the Vale school house where Mr. Vanscoyoc taught. Grace was at her house on Thursday, the 10th, and remained there until about half past one. Quite a heated discussion here arose over a question put by the defense in regard to the visit and especially as to the length of it and what she did while there -that Grace made to witness' house on the Thursday before the 18th of January. The attorney's remarks became so sharp that the court brought them to a close. On cross examination witness said it was not uncommon for Grace to come to her home, in fact it was a daily custom, and very emphatically denied ever telling the Goolys Grace was in an out building for an hour. MRS. BOES Mother of Mrs. Ella McClamrock Witness corroborated the testimony of her daughter. Said she was "acquainted" with the Gooly girls but was not certain she "knew" them. She. like her daughter, Mrs. McClamrock, was asked impeaching questions regarding the visit of Grace referred to before. She denied most vigorously telling the Goolys what they claim in regard to the time. Said if she had told them it would have been a falsehood.

JOSIE GOOLY Witness said she lived a cat-a-corner across the road from the McClamrocks. Neighbors. This is one of the sisters to whom Mrs. Ella McClamrock said "Grace came to her house on Thursday or Friday and while Grace was there she went to an outbuilding and stayed for an hour." Witness said Mrs. McClamrock and Mrs. Boes both told her so. As will be observed the evidence of Mrs. McClamrock and Mrs. Boes and that of the Goolys varies very materially. When asked on the cross examination if she could be mistaken, the tall nodding flowers on her hat fairly doddled off with emphasis when she said she could not be mistaken. A number of times the witness said she could not be mistaken.

CLARA GOOLY. The deposition of Clara Gooly was read as she was sick and was unable to come to the court house. Her testimony closely corroborated that of her sister Josie. Was sure the time was an hour.

CHARLES RUSSELL, A maker of cigars, lives at Covington and is a single man. Has a room on Washington street in the same building with that of Dr. Stout and on the same floor. Stout has three rooms in the front of the building witness has the rear room. Gave a description of Stout's rooms. Offices have two doors opening into hall. Glass panes in both doors. Reception room has a double door leading into the corner or second room. There is an opening without any door. On the 18th of January the witness went to his own room at 3 o'clock in the afternoon and shortly after heard Dr. Stout come to his office. Witness was changing his apparel and making his toilet. In about 8 minutes witness went into the office and saw a young man and a young lady in the front room of Dr. Stout's office. Witness passed on through to the back room where he saw Dr Stout fixing up some white powders. Witness went in to pay his room rent but found that it was not due until the next day. He (the witness) and Stout came from the medicine room together, in concert as it were. The Doctor, of course, carried the white powers. Witness saw everything in the room and all the details, except he did not think of, or at any rate did not notice the young lady and gentlemen. Witness did not stop to look at the couple as be came back from the medicine room," but passed out at once, first observing that the couple had their backs to him. From the Doctor's office the roller of tobacco leaves went to the street and sat upon the curbstone. After sitting there about five minutes 6omeone asked him who that couple was that was passing, and he did not know as he saw only their backs. He "observed" them but did not "see" them. He thought it was the same couple he had seen in the Doctor's office, as their backs were, it seems from his statements, always toward him. The cross examination of this witness by Mr. Whittington developed no new facts. Witness said he had never talked to Dr. Stout about the case from that day to this. When asked if he had ever told anyone of the arrangement of the room and the furniture therein he said no, but that he recalled it from memory. When asked if he had talked to Dr. Stout about what he would swear he said he had never talked to him, though he had been with Dr. Stout a number of times since. No word had ever escaped his lips as to what his testimony would be. The witness had a wonderful memory and could relate most readily what position every chair, couch or other piece of furniture occupied in all three of the rooms upon that evening at 4 o'clock and the arrangement of the 6ame. One of the most wonderful things about this witness was his memory for details. Not a word had ever been said to him by anyone regarding the capsules or the color of them, from that day to this vet with that clearness akin to perfection the witness detailed how the capsules were being filled and the color of the powder. Russell said no one mentioned the capsules and it had not been talked of since yet he recollected all about it with perfect accuracy. Witness related the position of the young people in Stout's office, but both of them had their backs to him and he did not see their faces. He remembered with absolute certainty where they sat, and that the young man arose just as he left the room he recalled distinctly. After his call at the Stout office he went upon the street and sat upon the curbstone in front of a store. When asked if that was his custom he said yes, and then failed to recall another time when he sat there. It was the 18th day of January. Upon that date the sun would not be very high or very warm at half past three.) Witness said he paid his own fare and his hotel bills that he slept at the Hotel Ramsey one night, und another night he slept at a private house in the north end of town. When ask.d whose house, the witness could not remember.

CLINT THOMAS (hard to read) Lives near Darlington. The witness had to be attached. The court enquired into the matter and found that witness had absented himself because he wanted to work. The court fined Thomas $1 and the cost of the attachment and ordered the Sheriff to take charge of him until it was paid or replevied. Witness said that Grace was somewhat headstrong, but on cross examination he said she was no more so than other girls. This was the substance of his testimony. It seems a shame that Mr. Thomas should have to pay a fine when he knew nothing of the case that would help either side. He was called by the defense and remained all last week. His father was sick, the witness said. At this point the defense offered the letters written by Grace in evidence. There was a number of them and the Judge said he would take them home and decide which were competent. Court then adjourned to meet at 9 o'clock.

THURSDAY MORNING The court was called to order at 9:15 and the lagging, dragging cause proceeded. The defendant was dressed in a bran new suit with creased pantaloons, high collar and a white tie. He looked as though he were dressed for a huckleberry picnic. Judge Snyder stated at once upon convening that one of the letters of Grace McClamrock appeared to him to be competent to go in evidence and it was turned over to the State for examination. After reading the letter Judge Thomas objected to its introduction, citing authorities. Judge Snyder then stated that he would admit the letter, giving as his authority a case in his own experience—that of the famous Pettit case, where he had excluded a letter written by Mrs. Pettit and had been adjudged in error thereof by the Supreme Court. Judge Snyder then demanded of the defense the envelope in which the letter had been enclosed when sent through the mails. Mr. Haywood stated that this envelope had, unfortunately, been lost. Judge Thomas then asked to introduce evidence to prove the letter a forgery, but the court held that such evidence would have to come in rebuttal. The letter was dated "Crawfordsville, Friday evening, Jan. 10, '90," and began "Dearest Phil." It was in substance to the effect that the decedent had used means to relieve herself of her embarrassment. It entreated the defendant not to be angry and stated that some day she would tell the defendant what she used and where she heard of it. It further stated that she could never bear the taunts of her relatives if they ever came to learn of her error. It was signed, "From one who loves you. Grace E. McClamrock." The defense then took exceptions the barring of the other letters from admission to evidence.

SAM D SYMMES, Township, trustee, was called to the stand. Employed Sherman Vanscoyoc as a teacher at No. 4, Vail school house and furnished him with a record book Witness then turned to the record question which Vanscoyoc had returned to him at the close of the school with his report. The record showed that Grace had not attended school Friday, January 17, nor any time thereafter.

SHERMAN VANSCOYOC, The teacher of Grace McClamrock, was called and acknowledged to vacillating residence between Yountsville and Crawfordsville. He identified the cord but stated that he believed there had been a mistake made. He thought she was absent Tuesday and Wednesday of the last week of her attendance on the first day at a "big dinner and on Wednesday at a butchering." Cross examination—Witness believe that Grace was present three days the last week of her attendance, Monday, January 13, Thursday January 14 and Friday, January 15. Witness acknowledged his final report to be correct in that it reports Grace to have left school January 10 when she

(Continued on fourth page.)

THE HAUK CASE. (Continued from eighth page was in reality present on Friday, January 17 for the last time. Redirect—Witness made errors because he felt badly over his pupil's death. Mr. Haywood then hopped onto the witness to know why he had not responded to summons made on him at the State Normal on June 12. Mr. Vanscoyoc stated that he had not been able to catch a train that day and on the advise of Judge Mack did not come up until attached last night. He understood that the State had subpoened him and wrote to Mr. McClamrock on June 12 asking if they needed him and had a letter from him in reply. Recross—Mr. McClamrock had told witness he wanted him for a witness and supposed that it was the State wanted him

D. STUART Was called and took the stand amid the craning of necks and a general flutter. The doctor is a heavy set man rather elegantly dressed, and with a French mustuchios of a color rivalling the raven's wing. Dr. Stout's testimony was listened to with the closest attention and the word having gone abroad that he was on the stand, the court room was quickly filled. Dr. Stout having been sworn testified that he lived in Covington. Has practiced medicine since 1SS1, moving to Covington fifteen months ego. Knows Phil Hauk slightly. Did not see him on Jan. 11 or know that he was in Covington that day. Had received no communication from him before that day and did not hear from him or see him until Jan. 18. Did not know Grace McClamrock. Witness attended the Republican convention on Jan. 11 and went to the court house before it was called to order. Did not leave the convention until it adjourned. Leaving the hall witness stopped on the stairway to talk with Mr. Kerr, of Hillsboro, and then went to the drug store, thence to the office. On the afternoon of Jan. 18 witness visited patients until about 3:30 o'clock when he went to his office. Did not see Phil Hauk before this hour. When witness entered office that day he saw Hauk sitting there, but did not see the young lady at first. Witness shook hands with Hauk and stated his name, witness then noticing the young lady for the first time. Hauk said, "This is Miss Grace Smith." Hauk told witness that the young lady was in trouble and had used means to rid herself of her trouble. Witnessed noticed that the girl looked very pale. She told witness she had made use of a lead pencil and wire on Jan. 16. She said she was suffering and asked witness to relieve her. He told her he would give her some morphine and advised her to go home and tell her parents and the family physician. The girl then cried and said her mother was dead and that she did not agree with her step-mother. Witness gave her some morphine to ease her and then dismissed the couple. Witness used no instrument and made no digital examination. No one of the three left the consultation room during the interview. During this interview Charles Russell entered the office and spoke to witness regarding the rents. Was there only two or three minutes. James Laird, of Hillsboro, also came in for some medicine. He was there four or five minutes. When witness gave the couple the capsules, Grace took one and she and Hauk then left. They were there twenty minutes or longer. Witness uses surgical instruments and after using them uses antiseptics to cleanse then. Witness gave Grace no medicine except a little morphine to ease her pain. Cross examination:—Witness made no examination, because he did not wish to get mixed up in the trouble. Witness did not know where the parties live save that they lived in Montgomery county. His only thought was to wash his hands of the matter. "You didn't succeed in washing your hands, entirely, however, did you? excitedly asked Mr. Whittington. "I think I did," WBS the slow and emphatic response. Witness did not know where he first met Phil Hauk, but thought it was four years ago. Met him in Hillsboro Knows his sister, Goldie Bowers, and has known her four years. The noon hour having arrived court adjourned.

AFTERNOON SESSION. The cross examination of Dr. Stout was continued. Thought Grace McClamrock was going to die when he saw her in his office at Covington. Made no examination of the patient, did not take temperature but said he was not afraid to go near her. Gave the patient some capsules and told her to go home and call her family physician. He thought the patient would die, but never said a word to Philip of her condition. At the time Grace was in his office he did not know her nor did he make inquiry as to who she was. Learned of Grace's death through Mayor Livengood, of whom he rents his room, on the Saturday following Grace's death on Thursday. Said Livengood told him that the girl had died and that there was a suspicion resting on some physician in Covington. Dr Stout was then asked an impeaching question about having told the immortal Whahy Miller he had examined the girl in his office but did nothing for her and that he gave Charley Berry, of the Veedersburg News, S100 to help him out in the case. Stout said told him nothing of the kind. Afterwards be was asked about a conversation with Dr. Leech, of this city, the substance of which was that he had examined the girl and found her temperature very high and that he thought Hauk was guilty and should be sent to the pen, that Stout tried for a conference with Lemuel McClamrock and himself (Stout) through Dr. Leech. Stout denied the conversation. At this point Mrs. Hauk was recalled by the prosecution and asked if she did not say to her husband on Thursday in the presence of Dr. Olin as he (her husband) was passing through the room where witness and the doctor were: -'Poor Dick, he knows nothing of this." Witness said: "No, sir." The defense then announced the close of their evidence.

The prosecution here put on the stand the first witness in rebuttal in the person of MRS. ELLA M'CLAMROCK. This witness was asked an impeaching question which the court would not allow her to answer.

Mrs. ELLA PATTON Witness had a conversation with Mrs. Hauk on Friday morning in which Mrs. Hauk said "that if she was a daughter of mine I would not be uneasy about her." Witness said that she then asked Mrs. Hauk what was the matter with Grace. "Oh, nothing but cold, I guess, you had better ask the doctor." MRS. JAMES -WILSON Was at Hauk's the day Grace died. Mrs. Hauk told the witness the same things that she told Mrs. Ella Patton, as the two ladies were visiting at the Hauk's upon the same day and both of them heard the same conversations. Mrs. Wilson entirely corroborated Mrs. Ella McClamrock. At this point Dick Hauk came into the court room and was put on the stand. Witness was asked if he did not reply in the affirmative in the presence of John T. Utterback, Allen and Carlton Moore when asked if Grace had not been sick at his house all week and died the night before. Then the question was put to Hauk by one of these gentlemen as to what was the matter with Grace, and witness was asked if he did not reply that it was a complication of diseases that Grace and the doctor had said it was cold and pleurisy. This Mr. Hauk denied.

JOHN T. UTTERBACK Was at Hauk's house on Saturday morning after Grace's death. Witness was asked about the conversation which occurred there between Hauk and the three gentlemen referred to above, and was asked if the conversation detailed under the evidence of Dick Hauk was true and Mr. Utterback said yes.

CARLTON MOORE Was asked about the conversation referred to above and said that such a conversation occurred and that is what was said.

-ALLEN MOORE Said the conversation referred to above was the one held at Hauk's on Saturday morning after Grace's death. At this point Hauk tore off a large piece of paper and handed it to Mr. Haywood. By Mr. Haywood after reading the paper: "Did you not go to Waynetown after Hauk's bond had been fixed by the justice at Covington and send a telegram asking that his bond be increased? Witness said he did, but had not taken any active part in the case DR. OLIN. Was at Hauk's on Thursday before Grace's death. Was in the dining room in company with Mrs. Hauk and when her husband went through the room she said: "Poor Dick, lie knows nothing of this." Witness attended Mrs. Watts in her sickness on the 18th of January, 1896. Before leaving Mrs. Watt's he washed his hands with soap and water. Witness said on cross examination that Grace had made him promise he would not tell her father what was the matter with her. .

JOHN AMES. Went to Covington on Monday after Grace's death. Witness said Dick Hauk told him that day that he didn't know what was the matter with Grace until after her death.

WILIIAM M'CLAMROCK, Husband of Ella McClamrock, lives near the Vale school house. At the noon hour on Thursday, January 16, witness saw Grace at her house. Saw Grace on the porch as he went to feed some pigs. Grace went in front of him. He remained out about 10 minutes. When he came in Grace was in the house. Witness said Grace was there but a few minutes on Friday following this particular Thursday.

LEM M'CLAMROCK Was recalled and asked about a declaration which Grace made to him upon the Thursday before she died. Evidence was excluded as not being rebuttal.

NATHANIEL McCLURE Said the Covington convention adjourned about half-past three o'clock on the 11th. The mental condition of Hauk at the time he was in the Covington jail on the Sunday he had the talk with Sheriff Moore was that of a cool and collected man.

CLARENCE VANCLEAVE Lives at Hillsboro, and has been for seven years. Is a justice of the peace. Is acquainted with Dr. Stout's general moral character in and about Hillsboro. Witness said it is bad. At this point Attorney Haywood called for Dr. Stout, who came and sat near him. Mr. Haywood then asked him what he meant by bad reputation and witness said what everybody said about him and he did not think Stout was a fit man to "run loose." Witness said Stout had come to him when he (VanCleave) was to try a case for him and Stout told him if he would give him judgment ho would not take a change of venue from his court. Witness told him he would decide the way he thought right and did so by finding for the other man.

DANIEL PICKERING Is acquainted with Dr. Stout. Stout used to live there. Is acquainted with his general moral character and says it is bad. Has had no trouble with Stout. Witness was asked if he wasn't arrested once for stealing, whereupon Mr. Pickering replied, "What! ME? Not much." Wasn't your arrest threatened? said Mr. Haywood. "Not that I ever heard of, not much."

CHARI.ES SHORT Lives in Hillsboro. Is acquainted with Dr. Stout and has been for twenty years. His moral character is not good. Has always termed him a friend. Does 'not envy the Doctor. Don't know whether the Doctor envied him or not. Witness said half the people in Hillsboro say that Stout has a bad character.

ALLEN CLARK Lives within a short distance of Hillsboro. Has known Dr. Stout anyhow for twenty years. Witness said he thought Stout's character was bad. Had based his opinion on what people said about him. Thought people had said something of him and had helped him make his reputation, but that he had something to do with it himself. How have you had something to do with it?" asked Mr. Haywood. "By reading this," said the witness, fishing from his pocket a much worn red backed Bible and placing it in his hand, patted it with the other and said, "with this Bible sir, it has helped me many times, it has." Said he read Bible most of the time, but hardly ever read newspapers, 'cause he didnt think it was right. Said he did not dig up trees from the farm he sold last spring and take them to another farm. The ones he took were "heeled" in. Said he had had some trouble himself. They followed Austin Cooper, Wallace Rice, James McAllister, Dennis Wilson and Albert Campbell, all farmers living near Hillsboro, and testified that Stout's general moral character was bad. They were cross questioned regarding their troubles with Stout, but all claimed to have had none. Charles Williams, the fellow at Hillsboro who was in a shooting scrape with Stout over some trouble growing out of the action of Williams' wife, said he had reason to believe Stout's reputation was bad, and his wife said she also thought his moral character was not good. The case is now about at an end. The evidence will in all probability close to-day and arguments will begin this evening or tomorrow. The case will probably get to the jury Saturday night. Hauk did not go on the stand in his own defense, a fact which does not materially strengthen his case in public opinion. Source: Greencastle (Putnam County IN) Banner & Times, 31 Jan 1896 p 1 Covington, Ind – Jan 31 – Philip Hauk, the school teacher under arrest for causing the death of Grace McClamrock, has made a confession implicating Dr. Stout of this city, as the physician in the case. Three hundred farmers from Montgomery County were here yesterday to attend Hauk’s preliminary trial, but trouble was feared and Hauk waived examination. His bond was increased to $2,000. Dr. Stout’s friend in this city declare that they will stand by him, having confidence in his innocence. He is at liberty on $2,500 bond. - kbz

Source: Crawfordsville Weekly Journal Friday 3 July 1896

Rockville Journal: The trial of Phillip Hauk for causing the death of Grace McClamrock was concluded at Crawfordsville last Saturday, the jury, after being out three hours, finding him guilty, and fixing his punishment at five years in the penitentiary. If guilty he should have been given fifty years. -s

Source: Crawfordsville Weekly Journal Friday, 12 June 1896

J. F. Davidson, of Hillsboro, the first witness, was called. He saw Hauk on Jan. 11 on the Big Four train west bound. Hauk got off at Covington with witness. Later in day saw Hauk at court house and rode on the evening train east with him as far as Hillsboro. At this point Haywood objected and moved to strike out the evidence on the ground that the crime had not yet been proved. Judge Snyder stated that the witness could not be examined until it has been proved that a crime had been committed, so Mr. Davidson was excused for the time.

After some delay Dr. Paul Barcus, County Coroner, took the stand. He held inquest on body of Grace McClamrock on Saturday, Jan. 25. The examination showed that a miscarriage had occurred within a week before the death, probably within five days. The post mortem gave no token of the means used to affect the crime. The examination showed the deceased to be 15 or 16 years old. The miscarriage did not result from any natural physical defect. The witness was cross examined by Mr. Clodfelter.

The next witness was Dr. L. W. Olin of Elmdale. On Jan. 19, he was called to attend Grace McClamrock, the daughter of Lemuel McClamrock. He went at the call of Phil Hauk and found her at the home of the defendant’s father, Richard Hauk. At this point the defense objected to the testimony on the ground that the doctor was about to reveal a professional secret. Haywood made a long argument along this line, but Judge Snyder promptly overruled the objection. Dr. Olin found the girl in great pain and she objected to an examination until after taking chloroform. This was finally administered and the examination occurred. It showed the girl pregnant and at 2 a.m. the miscarriage occurred. He was there until daylight.

The doctor was attendant physician until Tuesday evening, Jan. 24, when the patient died and was present at the autopsy with Drs. Barcus, Jones, and Black. To the witness the autopsy did not reveal the cause of the miscarriage. Witness was not at home when Phil Hauk called for him June 19, but met him thirty yards from the Hauk place, awaiting him. Dr. Olin was about to detail Hauk’s confession to him when the defense objected on the ground that it had not yet been proved that the death was caused unlawfully. This objection was sustained.

The witness then stated in his opinion some substance had been introduced into his patient’s body on the point of some instrument for the purpose of procuring miscarriage. The defense insisted on cross examination before the doctor was again questioned as to Hauk’s confession and the demand was granted. Mr. Haywood conducted this. The witness testified the girl died of blood poisoning caused by the operation before mentioned. It was the endeavor of this cross examination, to establish that death might have resulted from some other cause than that stated by the doctor in his opinion given in direct examination. The questions of Mr. Haywood were bitter and severe, but the court held that the point had been established by the state, and that the confession of Hauk to the doctor would be admitted. Dr. Olin stated that when he met Hauk in the road on the occasion of his first visit, that Hauk climbed into the carriage and told him that he was in great trouble. He said that he had taken Grace to a doctor and that an operation had been performed. He said a blunt instrument had been used by Dr. Stout, of Covington, in the commission of this crime. During the girl’s sickness, Hauk manifested great interest. At this point the court adjourned to take the deposition of Ambrose Moore who wished to go to St. Louis on the evening train.

On Thursday Dr. Olin again took the stand. After Grace’s death, witness saw Hauk in Covington jail. Hauk broke into tears and declared, “This is awful.” The doctor told him that it was indeed, but that he was glad he had confessed to others, as it would have been unprofessional for witness to have revealed this story if others had not known it. Hauk stated that he had desired to marry the girl but that she had refused him. Hauk told witness that she had been weak with him alone. On May 31 witness saw Hauk again at Dick Hauk’s place where witness was called to attend a child of H. H. Cross, of Chicago. Phil followed witness to gate and told him that he had loved Grace and had suffered more than anyone else. He had lost his friends and was in deep trouble. He requested witness to be as fair and easy as possible in his testimony. He declared then that he had not told witness in the beginning of the case that Dr. Stout was guilty. Phil said he had witnesses to prove that Grace might have done it herself. Once before this the witness passed a field where Phil was plowing corn and Phil then said to witness that one of the grand jurors had told him that the testimony of the witness was the cause of his being indicted. On the occasion of the witness’s first visit to Grace, witness said to her that he was sorry to see her sick in this way and that he knew all about it because Phil had told him. Phil’s mother, during Grace’s sickness, in Phil’s presence told witness that it would be too bad if Grace died, because it would kill Phil’s slander case against Foster Fletcher. This statement of Mrs. Hauk’s was struck out on the motion of Mr. Haywood, it being wholly irrelevant to the case at hand.. (*rest of testimony included in this issue) -s

Source: Crawfordsville Weekly Journal Friday 3 July 1896

Rockville Journal: The trial of Phillip Hauk for causing the death of Grace McClamrock was concluded at Crawfordsville last Saturday, the jury, after being out three hours, finding him guilty, and fixing his punishment at five years in the penitentiary. If guilty he should have been given fifty years.