RUARK, Thomas Otway - murdered - Putnam

Source: Greencastle Star Press, 3 Sept 1892 p 3

The funeral of Thomas Otway Ruark took place from the Putnam House on Saturday afternoon. The house, grounds and street were filled with people – most of them relatives and friends of the family. The services were appropriate and most impressive, at the close of which hundreds went forward to take a last look at the deceased. The funeral procession was one of the longest ever seen in this city.  

STARR S PRELIMINARY. The Evidence Submitted. Large Attendance Great Interest Manifested. Bail Fixed at $20,000. The preliminary examination of W. E. Starr, charged with the murder of Thomas Otway Ruark, began before ’Squire Ashton, on last Monday morning, in the Circuit Court Room. The prisoner’s son and daughter sat with him during the hearing and watched the progress of the case with great interest. Attorneys Matson, James, and Moore Bros, conducted the case for the State, while Mathias & Mays, Colliver and Alice represented the defendant. There was a large attendance of citizens anxious to hear the testimony in the case, and as the evidence was given the drop of a pin could have been heard in the room. Below will be found a summary of the testimony.

Dr. Leatherman: First knew Ruark July 17, ’92; called to treat him, suffering from several wounds—gun shot wound entering back near spine; ball passed up, forwards to right of the heart: three scalp wounds on back part of the head; slight cut in the skin between shoulders, bruises on right hip. His death was due to the gun shot wound; witnessed the post mortem; found that the ball passed through muscles of the back, into the abdominal cavity, esophagus, liver, lower lobe of right lung. Gun shot wound was necessarily fatal. Albert Wise: Was at Greencastle on night July 16. saw shooting, between 11 and 12 o’clock, was at gate of court house yard at time of shooting; before I started for gate I saw Dora and Ot Ruark and Harvey Clark near buggy; just as I got there Starr came up behind and with revolver in his hand said, “Come up here every G — d— one of you;’’ while standing at the corner I heard Starr tell them to go home. After this Dora and Ot Ruark and Homer Clark came to their buggies; when Starr came up with revolver Ot Ruark started to run southwesterly toward the court house: Starr ran after him and commenced shooting; Ruark was between 10 and 20 ft. away; he fired 4 shots; Ruark was stooping as he ran.

Dr. Bence: Never knew Otway Ruark; after death held post mortem on his remains; Drs. Smythe, Leatherman, Hanna, Coroner Eb Smythe, Jerome Coleman were present, Homer Jones assisted me; found wound on left side between 11th and 12th ribs; the bullet had cut through the spleen; found that the colon had adhered to the abdominal cavity; bullet passed through the right lobe of the liver, passed through the diaphragm passed through the pleural cavity and out between the 4th and 5th ribs. The wound was necessarily fatal. Person must have been stooping when bullet was fired.

Dora Ruark, brother of deceased: Was with Ot Ruark on night of shooting; was at the gate with Ot Ruak and Homer Clark just before shooting, we came on the side walk opposite our buggies; crossed over to them at Mathew’s store; first saw Starr that eve at Maloney’s saloon about 10:30 o’clock: did not see him again until he came up to the gate. We were 4 or 5 ft. from the gate: Ot Ruark began to run and Starr began to shoot; Starr followed in a run; said nothing that I heard; saw him pass through the gate; heard him fire 4 or 5 shots: they were fired from different positions; Ot was running straight up when I saw him. Next saw him in jail; they were dragging him in; noticed that he was wounded; his head was bleeding, not able to stand up or talk. When Otway ran from the gate I stepped around to the buggy; Stone and Ashley then arrested and took me to jail. Did not see anybody but Starr bring my brother to jail. Did not see anybody throw a rock; did not see a rock in anybody’s hand; did not see my brother throw a rock.

John E. Wise: Acquainted with Otway Ruark. In Greencastle and saw Otway Ruark night of July 16; saw no difficulty previous to shooting. Was at buggy when Starr came up; Starr threw up his revolver and said “Every G— d— one of you come here.” Ot Ruark started to run, ran through the gate to the southwest, stooping as he ran; did not see him fall; Starr followed and shot at him. Heard 3 or I shots. Saw Starr near Stack’s saloon before shooting and saw him pick up his hat. Was near the horse rack at the time: I heard Starr say “Every G— d—one of you get home or I’ll arrest you.” Saw Homer Clark, Ot Ruark and Dora Ruark come south. When I saw Starr pick up his hat these boys were about 50 ft. south at their buggy. Saw Starr go towards Stacks saloon, did not see him again until he came up to the buggy. Saw Ot Ruark and Starr at the jail after the shooting. Starr said that Ruark was not hurt any worse than he was and that he ought to have two or three more bullets in him. I was not drinking any intoxicating liquors that night. I was arrested by Ed Kelly; was in several saloons that night. I did not hear the blow that knocked Starr’s hat off. Homer Clark: Am acquainted with Otway Ruark, in town on July 16; saw the shooting; had been with Ot Ruark previous to shooting; came from Stack's corner over to east gate of Court House yard: Saw Starr near Stack’s saloon; he said “Every G— d— one of you go home.” The crowd scattered. There were two or three that had on military clothes I went south as the crowd dispersed; crossed the street at Mathew’s store and went to the buggy. Dora Ruark came to the buggy just after Ot Ruark and I got there. Dili not see any rocks thrown that night. Starr came walking up to us and said “Every G— d— one of you come here.” Ot started to run through the gate to the southwest; was bent over; did not see him stop; Starr started after him firing; I could see the flashes of the shots, thee shot on a level four times. Saw Ot going to jail—Starr and Foster were taking him. Did not see anybody strike him. I was not drunk Saw Ot in jail—he was suffering. Don't remember seeing Starr in jail that night. I was arrested near First National Bank, Starr took me to jail.

Ed. Callander: Saw Marshal Starr night of the shooting; he was at the saloon. He borrowed a revolver from me. He was bleeding from the head when I saw him.  It was a Smith & Wesson revolver with 5 chambers, did not tell me what he wanted to do with it. The revolver was pawned to me by a man named Runyan.  

Harvey Clark, Jr.: Was in Greencastle on night of July 16, saw Ot Ruark about 11 o’clock at Court House gate. Saw Marshall Starr just before, going toward Stack’s corner; saw him pick his hat up; did not hear any lick or blow did not see any rock thrown. I did not throw any rock. Dora Ruark, Homer Clark and Ot Ruark were at the buggy when I got there; Starr came up with a revolver in his hand; j Ot started to run and Starr started after him, firing; I heard 4 shots. Ot was bending over as he ran; 1 saw him at the jail. I was ur-1 rested by Bill Baur. I was not drunk that night. Starr brought Ot into the jail. He was suffering very much. Starr came in later and some one told him Ot would die. Starr said “he didn’t give a d— if he did die.’’

John W. Moore: Heard the shooting; saw a man running through the Court House yard; I heard Starr say: “Throw up your hands all of you;’’ couldn't see Starr at the time; heard 3 or 4 shots; afterward saw a man run out of the north door of the Court House; he ran around on the west side of the Court House; saw Starr in my store previous to the shooting; saw him afterwards, when he told the boys to go home; saw three or five boys go up the street when Starr told them to go home; Mr. Cramer and Mr. Hoffman called my attention to Starr when his hat was knocked off; saw a crowd near the rack when his hat was knocked off.

Charles Broadstreet: Was acquainted with Ot Ruark; saw the shooting of young Ruark; was standing on Klienbub's corner; Albert Ruark and Frank Shoptaugh were with me; saw several boys near east gate of Court House; heard Starr tell them to halt and throw up their hands; saw one of the boys run towards the Court House: saw Starr fire at him; heard Starr say “halt” just before he fired; heard 3 or 4 shots; saw the man fall near the south Court House door; he jumped up quickly and ran on; I think the first two shots were fired in the air and the others at the boy; saw Starr dragging man from “round house;’’ heard noise in house just before they came out; sounded like some one kicking or jerking or pulling some one out of the round house.

Carl Hanneman: Heard the shooting; heard Starr say “halt” and then fire: did not see any body run at that time; saw boy running near Court House and saw him fall, get up quickly and run again: saw Starr on west side of Court House about 10 minutes after shooting: Starr called me to him; he told me he was after some one; found boy in the “round house; “Starr jerked him out; did not hear Starr or the boy say any thing: did not see any blows struck but heard something that sounded like a lick: sWu r had a revolver in his hand; Starr took the boy to jail; he pushed him along. Albert Ruark: Was at John Merry weather’s restaurant at time of shooting: heard some one say at east side of Court House yard, “Throw up your hands every d--  one of you;” saw man run: saw Starr run after him and shoot: he shot at the man: man was in the Court House when Starr fired the last shot: I was in the crowd at Stack's corner when Starr told the crowd to go home. Did not throw any stone that nignt: was with Frank Shoptaugh all evening; did not see him throw any stone

Joshua Marksbury: Saw four shots fired; was on north side of square: saw the man fire and some one running in front of him; saw the man run through the Court House hall: saw some one fire at him.

James T. Denny Esq. Acquainted with Thos. O. Ruark during life. I took his dying declaration on the 19th day of August. Dan’l Darnall, Jerome Coleman, Harvey Clark and others were present; I found that he was entirely rational: his intellect was bright; said he had given up all hopes of life; Mr. Denny read statement in substance as follows, Emory Starr shot me; I was running: I did not throw or strike Starr with rock or stone that night; I was not stooping to pick up stone or rock to throw at Starr when I was shot; I did not know any thing after Starr shot me.

The state here rested its case, and the defense declined submitting any evidence

The case was then argued by the attorneys in the following order: M. A. Moore for the State. John P. Alice and P. O. Colliver for the defense, and C. C. Matson for the State.

The court announced that a decision would be rendered in “about an hour,” and in due time the decision was given that the prisoner should be held for trial in Putnam Circuit Court and his bail was fixed at $20,000. The necessary bail bond was made out and signed by the following persons: W. E. Starr. G. W. Starr, R. M. Black. G. W. Black. Albert Lockridge. Richard Lloyd. J. T. Wilson, J. C. Browning. James Bridges. Henry Meltzer, G. H. Williamson, A. A. Lockridge, Joseph Lloyd and James Fisk.

Dying declaration of Thomas O. Ruark, taken at Greencastle, Putnam county, Indiana, on this 19th day of August, A. D. 1892.

Q. What is your name?

A. Thos. O. Ruark.

Q Have you given up all hope of life?

A. Yes, sir.

Q. What is the name of the man who shot you?

A. Emory Starr.

Q. What were you doing when he shot you?

A. I was running when he shot me.

Q. State if you threw any rock or stone at William E. Starr, the Marshal of the city of Greencastle, or struck him with a stone on the evening or night just before he shot you. A. Not that I know of.

Q. State if you threw any rock or stone at said Starr when you were running from him at the time you were shot.

A. No, sir.

Q. State if you were stooping or bending over to pick up a stone or any substance to throw at said Starr when you received the gun shot wound inflicted on your person.

A. No. sir.

Q. If the said Starr came up to you after you were shot, state what if any thing he did when he came up or caught you.

A. I do not know what Mr. Starr did after was shot.

Q. State if you threw or attempted to throw a stone or other substance at William E. Starr, the Marshal of Greencastle, the evening or night you were shot by him at any time.

A. No, sir.

Source: Greencastle Star Press 3 Sept 1892 p8