Surface Wm - horse stolen - Montgomery InGenWeb Project

The trial of C. W. Kennedy, of New Market, for being implicated in the stealing of a horse and buggy from Wm L. Surface, was called in the circuit court this morning. Kennedy is represented by Crane & Anderson, and the State Prosecutor is assisted by Judge Snyder. The courtroom was fairly packed with people, many of whom are witnesses. Kennedy puts on a brave appearance and his wife, little girl, mother and mother-in-law sit close to him, taking great interest in the proceedings. Richardson, the other man in the case, was also present as a witness. His father and mother were present to hear the proceedings. Of the regular panel jury, Stilwell, Harris and Byers were excused, and J. F. Marsh, Clifton Hill, and ___ Graves substituted.

The horse stolen is now the property of J. T. Laymon in this city. The trial is the outcome of the stealing of a horse and buggy from Wm L. Surface, of New Market, on the night of the 15th of last May. The rig was traced to a livery stable at Haughville, where the actions of the man who accompanied the rig, caused suspicion and finally his arrest. This man was Wm Richardson, who up to this time bore a good reputation at New Market. He said that C. W. Kennedy, of New Market, mentioned the stealing to him and promised to meet him at Indianapolis, where they would sell the stolen property and divide the money. Richardson entered a plea of guilty at the preliminary and Kennedy after his arrest gave bond.

Wm L. Surface was the first witness and the owner of the stolen horse and buggy. He told about his barn and the manner in which the thieves had obtained entrance to the barn. He had gone out to feed and found the horse and buggy gone. He in company with others traced the stolen property as far as the Greencastle Road.

Wm Childers testified to accompanying Wm Surface and Mr. Brown in tracing the wagon tracks. It was noticed that the horse had been driven fast, except when passing houses, and at one point where some person had passed the team. The road did not show that there had been any other vehicle along there that morning.

Frank P. Brown also testified to the same as Messrs. Surface and Childers. The turn out of the road had been made to the right 150 feet beyond the Rush gate. He had known the defendant, and had had a conversation with him about two weeks ago. Kennedy told him that he expected to prove by witness and Mr. Childers that he did not gt out of the buggy at the Rush gate.

On cross examination he held to this story. He had talked with Joe Wright Vancleave on the day the horse was missed, but don’t remember having said to him that the horse had gone at a rapid until the Greencastle Road was reached.

Wm Richardson, the man first arrested, was then called. Lived here on May 15. Went to see his parents at New Market often. Folks lived there two years and previous to this 2 miles north of Ladoga. I am a farmer and have known Kennedy over a year; met him frequently at New Market. Me him Tuesday evening of the week before horse was stolen at Sanson’s store in New Market. Went from this store to Glover & Wray’s store and also in other stores. Started to his father’s home with Kennedy; did not stop until Kennedy’s gate was reached. Kennedy mentioned taking the Surface horse, but he did not want to do it. He finally agreed to do it, and Kennedy told him not to come down on train, as when the horse was missed he might be suspected. Left for Crawfordsville Thursday morning, returned Monday night of next week. Left Crawfordsville near 9 o’clock. Walked to New Market on Vandalia Railwa. Met two trains on the way, one a mile this side of New Market. Went first to Childer’s Mill, then to Surface barn. Mr. Surface was there then, it being near 11 o’clock. Her he met Kennedy, who said: “Hello, you got here, did you?” he got the horse and witness the buggy and harness and they both hitched up. Both then got into the buggy and Kennedy rode past the Rush gate, where the buggy was turned out, in order to let Kennedy get out. Kennedy when he got out instructed him to go to Haughville, and after selling the property, to meet him at the court house in Indianapolis, where they would divide the money. Threatened to kill him if he informed on him. Reached Haughville at 10 next morning and was arrested at 10 o’clock that night. Witness then told about putting the horse up and that he and Mr. Kennedy had always been friends.

On cross examination he said that he had borrowed $1 of Kennedy and on the night he proposed to do the stealing he had paid him 75 cents. Saw Kennedy the Wednesday after the Tuesday night, going along the road. Not a word had passed between them from the time he proposed to do the stealing until they met to steal the horse and buggy. Never had walked to New Market since his arrest, “because he had been in jail ever since. Left Crawfordsville after it had struck nine; started from in front of Galey’s saloon; was in there hunting Ab Jones; found him on the street; talked with him and then started for New Market. Kennedy was standing on the south side of the Surface barn. Kennedy told him to get the buggy and harness, and we would hitch up. Witness got in first, went east, thence south, thence east, thence north to the road, and then east. Stopped east of Til Rush’s house. Here he drove out of the road, so Kennedy should get out, and Kennedy told him how to get to Indianapolis, and what to do there. If he got pinched and told on him, would get killed. Did not make any attempt to sell the horse and buggy at Haughville, where he remained until arrested. Kennedy had arranged to meet him ‘next day’ at the Indianapolis court house. Understood this as meaning Wednesday.

At 3 o’clock Richardson was still on the stand.