Anna Siscoe - Neighborhood Kid

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Anna Siscoe - Neighborhood Kid

Postby admin » October 31st, 2010, 5:25 pm

WITNESS SWORN BY THE COURT.

ANNA SISCOE , a rebuttal witness, called on behalf of the State of Indiana,
being duly sworn by the court, testified as follows:

DIRECT EXAMINATION,
QUESTIONS BY MISS MARJORIE WESSNER,
DEPUTY PROSECUTOR

Q. Tell the court and jury your name, please.

A. Anna Siscoe.

Q. Where do you live?

A. 330 North Chester.

Q. Do you live there now?

A. R.R. 1, Manilla, Indiana.

Q. How long have you lived there?

A. Not quite a year, ma'am.

Q. Where were you living in the summer of 1965?

A. 330 North Chester, ma'am.

Q. That is in Indianapolis?

A. Yes, ma'am.

Q. How old are you?

A. Fourteen now, ma'am.

Q. Do you go to school?

A. Yes, ma'am.

Q. Where?

A. Manilla High School, 9th grade.

Q. Do you know Mrs. Gertrude Baniszewski?

A. Yes, ma'am.

Q. The summer of 1965 did you live close to her house?

A. Yes, ma'am.

Q. How far away?

A. Well, just around the corner, maybe a few houses.

Q. Did you know the Baniszewski children?

A. Yes, ma'am.

Q. Did you know Sylvia and Jenny Likens?

A. Yes, ma'am.

Q. Did you go to school with any of the children?

A. Jenny.

Q. What school was that?

A. 78.

Q. That was last fall, 1965?

A. Yes, ma'am.

Q. Did you visit in the Baniszewski home last summer?

A. Yes, ma'am.

Q. How often did you go there?

A. Occasionally.

Q. How often would you estimate?

A. I don't know for sure, ma'am.

Q. Did you ever see anyone strike Sylvia Likens?

A. Well, Gertrude Wright slapped her.

Q. When did you see that?

A. I believe the last of August, ma'am, I am not for sure the exact date.

Q. Where were you?

A. We were playing cards and Gertrude got up and walked around and slapped her in the face in a motherly way and on the rear part of her body.

Q. Had Sylvia done anything?

A. I don't ma'am.

Q. Did you hear Mrs. Baniszewski say anything at this time?

A. No, ma'am.

Q. How many times did she strike her?

A. Well, just once on the face, like a mother would.

Q. Who else was present then?

MR. BOWMAN: We object. That is not rebuttal.

THE COURT: Overruled. Read the question.

THE REPORTER READ THE LAST QUESTION.

A. Judy Duke and Darlene MacGuire.

Q. Did you ever strike Sylvia Likens?

A. Yes, ma'am.

Q. When was this?

A. Around the - September, I believe, ma'am.

Q. What part of September, do you remember?

A. The first of September of the last of August, ma'am.

Q. Where were you when this happened?

A. In Mrs. Wright's home.

Q. Who else was present, if anyone?

A. Darlene MacGuire and Judy Duke, ma'am.

Q. Anyone else?

A. Mrs. Wright and I believe the children were at school, ma'am.

Q. And did you hear Mrs. Baniszewski say anything at this time?

A. Well, she said, "I don't care what you do to Sylvia".

Q. Who did she mean by "I don't care what you do"?

A. That I don't know, ma'am.

Q. Who was she talking to?

A. Me, I believe.

Q. And had something else been said just before this?

A. Well, we was playing cards. I don't really remember the whole day.

Q. What did you do?

A. I slapped Sylvia and I kicked her.

Q. How many times?

A. I slapped her in the face and kicked her in the rear part of her body once, I believe.

Q. Did Sylvia say anything?

A. I don't believe so, ma'am.

Q. Why did you do this, Anna?

A. Because Gertrude Wright and I don't remember who else said that she said something about my mother - they said Sylvia said something about her.

Q. Did you hear Sylvia say anything about your mother?

A. Not exactly, ma'am. I heard her talking one day. I did not hear exactly what she said. I thought she said what I was told she said about my mother.

Q. Were you and Sylvia friends?

A. Yes, ma'am.

Q. Was anything else said at this time, Anna?

A. Not that day, ma' am.

Q. How would you describe Sylvia?

A. A very nice, pretty, young girl.

Q. Did you ever strike of beat or do anything to Sylvia other than this one time?

A. No, ma'am.

Q. When was the last time you were in the Baniszewski home?

A. About the second week in September, ma'am.

Q. Was this the time this happened, when you struck her?

A. It was just the week before, or the last of August, ma'am.

Q. Did you ever see Sylvia alive after this date?

A. Yes, ma'am.

Q. When?

A. I don't remember the date, ma'am, but I was burning trash for my mother and she was walking down the alley. I noticed she had a black eye.

Q. Did you - in the month of August did you have other conversation with Mrs. Baniszewski concerning Sylvia?

A. Yes, ma'am.

Q. And who was present at that conversation?

A. I don't remember that, ma'am.

Q. What did Mrs. Baniszewski say?

MR. ERBECKER: We are going to object.

THE COURT: Objection overruled as to defendant Gertrude Baniszewski.

MR. BOWMAN: We object.

THE COURT: Objection sustained as to John Stephan Baniszewski and Coy Hubbard.

MR. NEDEFF: Richard Hobbs make the same objection.

THE COURT: Sustained as to Richard Hobbs.

A. She was telling me Sylvia was eating out of garbage can, eating spoiled fish and stuff.

THE COURT: The jury will ignore that answer in arriving at a verdict as to John Stephan Baniszewski - against all the defendants other than defendant Gertrude Baniszewski.

Q. During the month of August, did you have any other conversation with Mrs. Baniszewski concerning Sylvia?

A. Yes, ma'am.

Q. When was this?

A. I don't remember, ma'am.

Q. Was it in August?

A. Yes, ma'am.

Q. Who was present then?

A. I believe the children were all there and everything. It was just Gertrude and I talking.

Q. What did she say and what did you say?

MR. BOWMAN: We object.

THE COURT: Objection sustained as to all defendants excepting Gertrude Baniszewski. You may answer the question.

A. Well, she was telling me Sylvia was pregnant at that time. I did not say anything. I was stunned to think Sylvia would be in this condition but she did not look like it at all. She was still slim just as usual.

THE COURT: The jury will ignore the answer and the question in arriving at a verdict as to all the defendants in this case other than Gertrude Baniszewski.

Q. Were you in the Baniszewski home during the month of October 1965?

A. No, ma'am.

Q. Did you see Sylvia Likens during the month of October 1965?

A. No, ma'am.

Q. And have you told the court and jury all you know pertaining to this case?

A. Yes, ma'am.

Q. Is there anything you have omitted that you can remember at this time?

A. Yes, ma'am.

Q. What is this?

MR. BOWMAN: We object.

THE COURT: Sustained.

Q. Did you see anyone other than Mrs. Baniszewski ever do anything to Sylvia?

A. No, ma'am.

Q. Did you do anything to Sylvia other than you have just testified?

A. No, ma'am.

Q. Did you see Sylvia do anything to any of the Baniszewskis'?

A. No, ma'am.

MISS WESSNER: You may cross examine.

THE COURT: Defendant Gertrude Baniszewski may cross examine.

CROSS EXAMINATION,
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. Miss Siscoe, how old are you?

A. Fourteen.

Q. You go to School 78?

A. I did at the time, sir.

Q. 8th grade?

A. Yes, sir.

Q. Were you taken to Juvenile Court on October 28, 1965?

A. Yes, sir.

Q. For what reason, do you know?

A. On the Sylvia Marie Likens beating case.

Q. On October 28, 1965 did you sign a statement in the presence of Officer Leo Gentry and Police Officer Harriet Warner?

A. Yes, sir.

Q. Now, at the time, did you sign a statement wherein this was written on it? "I slapped Sylvia Likens in the face and kicked her on the rear end because she was talking about my mother". Did you sign that?

A. Yes.

Q. When you said a while ago you were not sure who said it, it was not true?

A. Pardon?

Q. When you testified on direct examination hearing Sylvia Likens saying something, you were mistaken?

A. No, sir.

Q. When did you hear her talk about your mother?

A. No, sir, I did not hear Sylvia. Gertrude Wright told me Sylvia had said it.

Q. Further, did you say this on October 28, 1965, "She said my mother went out with all sorts of men and got $5.00 for going to bed with the men"?

A. Yes, sir.

Q. Sylvia said that?

A. That is what she was supposed to have said, sir.

Q. At the time you made this statement, October 28, 1965, were you telling the truth?

A. Yes, sir.

Q. Did Sylvia talk about your mother - do you know?

A. I am not for sure, sir.

Q. When was the last time you were in the Baniszewski house?

A. About the second week of September, sir.

Q. When in September?

A. 1965, sir.

Q. What part of September, first, middle or last?

A. Around the middle part, the first couple of weeks, sir.

Q. Did you make the statement October 28, 1965, "Yes, sir, I have seen Gertrude Wright slap her on the face and also the rear end with her hand. This was about a month ago". Did you say that?

A. Yes.

Q. You were in the house the latter part of September?

A. Yes, sir.

Q. Where did you see Gertrude slap or beat Sylvia, where in the house?

A. In the living room, sir.

Q. What time of day or night was that?

A. I don't remember, sir.

MR. ERBECKER: Nothing further.

THE COURT: Paula Marie Baniszewski?

MR. RICE: No questions.

THE COURT: John Stephan Baniszewski or Coy Hubbard?

MR. BOWMAN: No questions.

THE COURT: Defendant Richard Hobbs.

MR. NEDEFF: No questions, Your Honor.

THE COURT: Any re-direct?

MISS WESSNER: No, sir.

WITNESS EXCUSED.

THE COURT: Next witness, please.

MR. NEW: Darlene MacGuire. She is not here.

THE COURT: Someone else?

MR. NEW: I don't believe we have.

THE COURT: Ladies and Gentlemen, retire to the jury room. Don't talk among yourselves and don't let anyone talk to you about this case or any subject connected therewith. Don't form or express an opinion thereon till the case is finally submitted to you.

JURY EXCUSED.

RECESS.

THE COURT: Is your witness here now, Mr. Nedeff?

MR. NEDEFF: Yes, sir.

THE COURT: May we proceed without Miss Wessner?

MR. NEW: We may, Your Honor.

THE COURT: Bring in the jury, please.
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