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and taking the chair 011 which he had been fitting, undertook to strike Alex, hut the chair fell to pieces and it is a matter of gueta work whether he wag struck by the chair or not. At thla juncture the senior Keyes struck Stewart and made an effort to repeat it when the lutter turned in defense*, and as he turned, the younger Keyes tired the fatal shot, the ball striking Stewart near the heart, penetrating that organ and causing death almost instantly. Ah Stewart fell, Ed. I lowers caught him, laid him out upon the porch in front of the restaurant and he expired immediately without uttering a word further thau the exclamation : “ I am shot!”The tragedy took place between three and four o’clock on Sunday afternoon and in the presence of perhaps a dozen men none of whom expected or were able to prevent the terrible calamity.immediately after shooting, both theiveyes ware taken into custody byConstable 1‘erguson and a posse of indignant citizens aud brought to this city where they were incarcerated in jail. The recent exploits of the different members of the Keyes family were well known to the people of this city and the news of the murder and the arrest of the notorious Alex attracted wide-spread attention and caused a great deal of excitement. Knots of men accumulated on every baud, and the terrible ending of a long series of social outrages was the only theme of conversation.THE TRIAL. \'~*a - d’djjlDeputy Prosecuting Attorney Smith prepared the documents on Monday morning and the preliminary trial was set for two o’clock p. m. In the absence of Prosecuting Attorney Gregory, Frank P. 1 touch assisted Mr. Smith in behalf of the Stale, while L. 11. Sims and O. K. Eldridge were retained by the defens*. Subjoined is the affidavit upon which the charges against the defendants rest:STATE OF INI)JANA, J 8y.piny at.Here the witness was shown the revolver with which Keyes had commit-ed the murder and indentifled it as hisown. V v 'THOMAS J. DRAPERwas ll»e next witness called aud testilied that he was standing on the porch at Reppeto’s old store when the quarrel began and corroborated the evidence of Mr. Wood in every particular even to the statement that the elder Keyes first made violent manifestations by ruuning his fist in Stewart’s face.JOHN FERGUSON, the Constable who arrested the parties, was put on the stand ami indentilied the revolver shown as the one which he received] from Mrs. Keyes, the elder Keyes having taken the weapon to his house and placed it in a bureau drawer.CO HO N ER 811U LTZ iwas then called and testified as follows:I Htn Coronet of Carroll county ami a physieUu;I kuaw Samuel Stewart; lreUi au tuqucst over lit* remains last evening, n.«wi..te«l by Dr. J. R. Cromer, of Flora. (Hero Dr. Shultz described the wouqil* fouml upon Mr. Slewart'a body, a farther deacrip-Uon of which will lie found in the Coroner’* verdict elsfwliero printed.—Bar.) f.He was shown the bullet, supposed to have been taken from Mr. Stewart’s body aud identified it aud continued:The wound must of necessity have proven fatal, aud did result tu immediate death; the postmortem examination began ten minutes before une o’clock Monday morning and lusted until shortly before three; there waaalao a light swelling ou the left side of the face.EDWARD BOWERS, who caught Stewart as be fell, testified as follows:I wus present and taw the shooting; I wun almut twenty feet nway from Stewart; when shot Stewartand his wife and two children in the yard, but that she did not see Mr. or Mrs. Lape. j’* , JJOHN E. EIKKNUEBHYwas then called, and placed upou the stand. His evidence was contradictory anti unsatisfactory. Hultantially «, was as.follows:Saw Stewart rniae the chair to strike Alex aud saw him strike at him; while the chair wan ruined Cleon ran in and ttruck Stewart; hoard no con vernation between Alex and Stewart; heard Alex call him a liar; Alex told Stewart that be aakd ho (Stewart) would kill him (Alex); Stewart Mid he did not suy It; Alex exiled upon Hie to prove It; I ►uid that I heard that Stewart said that Alex wouldhave to live with hit wife aud tupport the child or he miricd.The next witness wasA I.EX KEYESCleon Keyes la my father; my father told me not It lug u ho ut putting Stewart where hi* wifewouldn't know him; hud a conversation with myfather aud told him of Stewart's threatening mylife, and he tald ho Would go pacify him; ho toldmo to My nothing; I had a revolver with me; fatherdid not know I hut one; father never told me to doanything to Stewart.Alex Keyes then continued in a total contradiction of the statements of John IT. Eikenberry, denying the conversation which Kikeubcrry said he hud board. He continued as follows: *When I first approached Stewart, he tnlil uie thatmy wife wax lu the house and wanted to ace me; 1 I told hhu to tell her that she had hotter come out where 1 wo if she wanted to see me; ho then threatened tu strike meUpon cross-examluatiou he said :Previous to half-past two o'clock Stewart had never threatened mo; I w.-nt to Frank Mows and glt;»l Ida revolver ; Motn didn't know I got it; John K. Kikeubcrry went to Moss’ with me; after I started hack I told him I had Mom' revolver; about twenty minutes later I weut to my father and told him of Stewart's threats; »kclt;| father to go nud pacify him ; 1 wanted uo trouble with Stewart and wanted father to get him in a good humor.said I'm shot,” and walked about thirty feet; I When father aud I came up Stewart was sittingCAKitof.L COl'NTY,Before David Leonard, it Justice of the l*eacc, In and for Deer Creek Township;The State of Indianavs.Alexander Keyes and Cleon Keyes.'Jolt# ( nllrtno, being duly sworn upon his «tiUi, itepoHOth and any* that the .defendant* Alexander Keyes and Cleon Keyes, on the •day lt;f July, A. 1., 1SH3, at the county of Car-jrotl »ml stale of Indiana, did then and there unlawfully, feloniously, wilfully, purposely ud with premeditated malice, ahootiug at and against ami thereby mortally wounding tho *ahj Samuel Stewart with a certain deadly weapon, comiooniy called a revolver, then and there loaded with gun powder and leaden ball, which oaid revolver they, tho said defendants, Alexander Keyee and ( loon Keyes, then and there had and hold iu their hands, of which said mortal wound he, the said Samuel Stewart 'then aud there Instantly died, coutrary ito the statute* in such canes made aud provided, and against the peace and dignity of the State of Indiana. /.- .. J* JOHN CALLANK.Subscribed and sworn to before me this JMrd day of July, 1883. 1). LEONARD, J. P.As tlu* prisoners were conducted from the jail to the court room, where the preliminary trial was held, a vast con-sustained him before he. went to the ground; 1 caught him and eased him dowu on the platform; he reeled considerably; when ho was about to fall I ended him down on his left side and put aomo paper under his head, lie lay on Ids aide about two minutes and woa turned over on hi* book; I WHS not present when he was taken to the house.Here tho attorneys rested their ease. After a moment’s consideration, Justice Leonard announced his decision andrecognized Alexander Keyes to the next term of the Circuit Court without bond. Tho court then proceeded with theexamination of Cleon Keyes, and it was agreed by the attorneys that so much of the previously given evidence as might relate to the charge against Mr. Keyes, be admitted without further examination. The first evidence tukenu a ■ 11 »=‘t olJOHN II. EIKENBERRY:1 iww Cluon Keyes at hi* new house about half-piua thru* o'clock, saw Clcou Key oh, id* wife au«l children, walking on tho street going toward the church; thought thoy wore going to Sabbath school; do not know positively whore they went; this wa* about two o'clock I tldnk; do not know exactly what time it wn*; think it waa about two o’clock In tho afternoon; 1 wn* walking past there when I heard loud talking and hoard Stewart’* name mentioned; I stopped and listened; heard Cleon Keyes say to Alex, “Come* I will go along and see you through with it;” heard Alex say to hi* father, suppose he strikes iue;” his father replied, If ho strike* you, put hiiu where his wlfo wont know him, or wordsou h chair; father said, Mr. Stewart, what I* thotrouble but ween you aud Alex?” I don't knowwbat Stewart said, but he pull.il off his vest andjumped up. After I got tho revolver, I told JohnK. Kikeubcrry that 1 would go and get the oldman to itand by mo. When the shoi w»» madefather and Stewart were stauding clone together;Stewart had no weapou ; they were not striking at each other.Here the case against Cleon Keyes was left In the hands of the Justice,who felt himself warranted in binding him over to await tho action of the Circuit Court, requiring a bond in tlie sum of one thousand dollurs, which was given by the defeudant, his brother, brother-in-law anti senior counsel, and the prisoner was released from custody. We append a copy of• the bond : V ,.! (St at k ov Indiana, Cahkoli. Coimv, S«:We, Alexander Keyes and Benson Sulovau and Cleon Keyes and Lewis It. Sims owe tho State of ludiaua one thouMud dollars toJbe|levled of our property : The condition of theabovo 1* that the said Cleon Kcycashall personally b© before the Carroll Circuit Court on tho ilrst day of tho next term thereof, then and there to auswor to tho charge of manslaughter, to abide the order of the Court aud uot to depart lienee without leave; then this recognizance shall Ik* void, else to remain In fullforce. ' /r ’ ’•# C. Kmric#. ' ' M'TTBkvsos Hulovaw, Ai.kxasdeh Kkyk*. Lkwia B. Sims,Taken and approved this 28d day of July, 1883.D. Lkonaud, J, P.and afterwards at carpentering. \Vhne engaged In the latter pursuit he was arrested upou a charge of bastardy preferred by Miss Stewart, who had gone to the residence of her sister in Cass county, and he was taken up there, but compromised the case by consenting lo a marriage with bis victim. After the oeremouy, which took place n tiny or two a»\er their child was born, Keyes returned to Flora. In a day or two he made a proposition to call aud spend au evening with Mias Allle Eikenberry, which was indignantly refused. He persisted, however, anti went to theEikenberry residence. Miss K. declinedto allow him to inter, whereupon ho declined his intention to commit suicide If she iusistetl upou her refusal. She remained obstinate aud he swallowed a powder which was afterward ascertained to be Hour. A few duys later, Alex aud his cousin, Fremont, with Misses Emma Key an aud Clara Flora, created a social commotion by runulug away. The uext day they were found near Frankfort anti brought home. Shortly afterward, Miss Stewart—Mrs. Keyes— returned to the residence of her father, who made every effort to have them live together. The girl still professed an undying affection for her husband and did everything to affect a reconciliation, but ull efforts were iu vain, as Keyes even declined to speak to her. Mr. Stewart had several conversations with both Alex aud his father, but his proffers were treated with contempt andindifference. Further conversations led to the fatal meeting on Sunday afternoon* Vs V a-.*;v THE MURDERER. J Alex Keyes Is a dark-complexioned boy, below medium height, rather heavy-set, with large, glaring grey eyes, wearing burns id e whiskers, heavy and tinged with brown. He was rather slovenly attired, in common but substantial clothes. He wore heavy, double-soled shoes. His mein was one of indifference and dcffauce aud a careless air of manifest unconcern was noticed by all. When his two uncles entered the court room they gave their brotheror imerest ii:When a T Monday, he very quiet practically were prepar the friendst preparing fo all parts of early hour Iand knots lt;rectlous andtheme of lt;\jof the two wild with g puthy for tli The wildest lug Keyes they wisely appearance crowds. T1condemnedpositive lui John wore pea red to I* for the mali Lie gang, their malic tended thoIs at the so principal st Frank Trie pled by 8t the north e his place of facing eas further sou street. Fn the revolvethe east s’ul whoso evii no}'s for i Keyes’ rosisame sidement was i slotted by which occone-half j deep hold iFremonl was a tiea fraternal anti aitectiouuto greeting, i bastardy hwhile it was with apparent reluctauce that they accepted their nephew's proffered baud. This contrast was noticed and keenly felt by Alex, and a tear or two stole into his glitteriug oycH. At auother time, wheu his mother was brought into court and placed upou tho stand, he seemed about lo give way to emotion caused by her affectionate glance, hut iu a few moments the stoic, stony expression overspread his countenance and he resumed his appearance ofcontumely and disdain.THE FATHER.Cleon Keyes, the unfortunate fatherof the murderer, Is a tall, spare man,probably fifty years of age, slightlystoop-shouldered, dark hair, well streaked with grey. He has been engaged inseveral solt; his cousin iu bad ref Thomas hhis reside! teutious t to send he order to g after the I vidual rejUndo Cl there. Htirade of i tion, curscabulary ceeding o and shoupropriato evening !
Newspaper Details
Delphi Weekly Times
Delphi, Indiana, US
Fri, Jul 27, 1883
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Full Page
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Anonymous
IN, USA 03 May 2019
Other Publications Near Delphi, Indiana
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