Daily Tribune, Terre Haute, Vigo County, 26 July 1918 — Page 2

CUUMML CASE WITNESSES FADE AWAY

Continued From Page Ont»

tery and election frauds, and Clark replied that he "aid not remember" to most of them, but dented being convicted of grand larceny. He admitted to his,part in the election frauds^ however, and laughed over it.

Clark's Police Record.

Date of arrest and charge: Sept. 29, 1394- Assault iuul battery. April 14, 1895—Drunk. July 4« 1895—Suspicion. Aug. 20, 1895—Suspicion. Sept. 14, 1895—Assault and battery. 'Nov. 28, 189.r—Drunk, u

March 15, 1896—Drunk* Dec. 22, 1896—Interfering with an officer.

Feb. !S, 189T—Drunk. Feb. 14, 1897—Assault and battery. March 2, 1897—Assault and battery. May 16, 1897—Associating. June 23. 1897—Associating* Sept. 11. 1897—Pimp. Jan. 6, 1898—Associating. April 21, 1898—Assault and battery. Aug. 15, 18&8—Associating. October 25, 1898—Grand larceny Charged with stealing a lot of copper from the old distillery and entered a plea of guilty, but was paroled pending good behavior.

June 10, 1901—Suspicion. Oct. 25, 1902—Disposing of mortgaged property.

Nov. 5, 1902—Association. Jan. 19, 1903—On -warrant. Oct. 4, 1903—Suspicion. Oct. 13, 1903—Association. Nov. 8, 1904—Assault and battery. Dec. 23, 1904—Association. Oct. 23, 1905—Assault and battery. Oct. 13. 1906—Association. Oct. 16, 1907—Violating Nicholson

law. In 1ST*, he wai convicted of election fraud and served five months for the Offense.

Aug. 1*. 151?--Rseeivlrtsr concealing stolen goods, the charge under *-hich he is now being tried.

June 3, 1918—Returned to Sullivan, Ind„ on a grand jury indictment. O'Mara plied the witness with questions about these cases and to moat of the questions Clark claimed that he did not remember the circumstances, nor the case.

At this point court adjourned until 1:30. Coon# AodltW Thoiwui Ferguson fftras called to show that the saloon license at Oak View was in the name of Morgan, and not Clark.

The defense also called Detective Fred Armstrong who said that he did not see any one about Clark's place Saturday evening who resembled Horn, the private detective.

Thursday Afternoon.

A TCbtion of the defendant l^ank ^Buster" Clark for the court to inatruct the jury to return a verdict of not guilty on the charge of receiving and concealing stolen goods, was overruled by Judge Hunt in Circuit Court Thursday afternoon. The opening statement of the defense was made by Attorney Felix 31ankenbaker, and the testimony of the defendartt "Buster" Clark was partially heard. k

Blankenbaker began with the assertion that they expected to prove that O'Mara and Piety had been paid $10,000 by private individuals to prosecute "Buster" Clark. The stale objected to such statements and trie court sustained the objection and instructed the jury not to consider them and that they were to try the case on the allegations set out in the indictment alone. Blankenbaker again stated that they expected to show that it was a malicious prosecution. Ho was again stopped by Mr. O'Mara's objection that the prosecution was the result of an official act by the Vigo county grand jury and could not be inquired into. The court reprimanded Blankenbaker who again stated that the defense expected to show that O'Mara and Piety were paid 110,000 to prosecute Clark by private individuals and that they had suborned witnesses in the case. After objection by the state Judge Hunt said he did not want the defense to mention Anything again about the employment Of special counsel or the fee thereof or Of subordination of perjury and if the attorneys did bo they did it at their peril. In spite of this Blankenbaker oudly declared that he expected to »how the jury that the witness that v&n brought here by the state from ndianapolis (Horn) and who had been imployed bv the state to shadow two

Jnlted States soldiers, to "dog" them, o intimidate and coerce two United states soldiers, (here O'Mara objected »ut could not make himself heard) who In the morning of life had left home and dear ones to throw their life tn the balance that this nation might not perish from the earth, and who had appeared here for trial and been arrested when they demanded their constitutional rights." Here O'Mara made himself hoard and the court slated that he was going to use drastic measures if this thing kept tip. Undaunted, Blankenbaker continued and vehemently declared that he expected to prove that this witness had committed perjury in the court and that he would prove by Detectives Armstrong and Fedderson and other men of good character that his testimony was a lie.

He said he would prove by United States marshals and government agents that "Buster" Clark was not in front of his saloon on last Saturday Kiipht at the time mentioned by Horn, neither was "some mysterious Bill." It it -has been a crime to run a saloon then Buster is guilty of the crime he »atd. He said he expected to show by J-ionorable witnesses, and not by thieves and crooks, that Horn's testimony was false. He claimed that he would show that the prosecution of the case was Unjust and that Clark was "influential," and that Clark and Tom O'Mara Were Of different political faiths and that O'Mara wanted to put Buster in the penitentiary so he could have unrivaled power in Terre Hauto financed by the ''steel profiteer." Walter !£. Ely. O'Mara then asked that Blankenbaker be removed by the court saying that was the only way he could handle such men who openly defied him and his rules. However, nothing was done, and Blankenbaker continued saying he intended to show the source of the power beiiiad the prosecution. He went on

HERMAN FREMONT.

Word has been received from Laporte, Ind., of the death of Herman Fremont, formerly of Terre Haute. He is survived by the widow, his parents, Mr. atid Mrs. William Fremont of South Tenth street four brothers, William of Chicago, .Tohn of St. Louis, Harry of Louisville Barracks, and Walter of Terre Haute three sisters, Mrs. M. Z. Lioyd of Compton, Cal., Mrs. M. McClure and Mrs. A. Novotney of Chicago.

WILLIAM S. KELLAMS.

William S. Kellams, 55 years old, died early Friday morning at the residence, 1828 North Third street, following a lingering illness. He is survived by the wife, Mrs. Dora E. Kellams. and other relatives. The decedent was a member of the Modern Americans. The funeral, which will be private, will be held at 3:30 o'clock Saturday afternoon from the residence. Friends may call Saturday between 10 and A o'clock.

MRS. KATHKRIJiE JACKM*. By Special Correspondent. COKY, Ind., July 26.—Mrs. Katherine Jackson, 80 years old, wife of Thornton Jackson, died at the home, two miles south of Cory, Wednesday night. She is survived by the widower and five children: Mrs. Ida Michels of Cincinnati, O., Mrs. Rosetta Moor of Brazil, Ind., Mrs. Jennie Foulke of Oklahoma, Carl Jackson of Coal Bluff, Ind., and Lewis Jackson of Farmersburg, Ind. Funeral will be conducted by the Rev. Fred Reynolds at 11 o'clock Friday morning. Burial will be in Oak HilL

to say the defense expected to show that "one-eyed" John Smock was paid by O'Mara and Piety to go to Pennsylvania to get the men in whose possession the auto tires were when they were found, and that Smock had had Bome of the witnesses confess to certain crimes they had committed and coerced and intimidated them into making statements incriminating Frank Clark, and that he submitted a typewritten confession for them to sign with the promise of immunity If they did and prison if they did pot sign it, saying "open field on one side, penitentiary on the other, will you sign." He said as a result of their testimony they were no»w free to enter and burglarize any house they pleased, free.

Blankenbaker went on to state that clever manipulation on the part of the state had "made them as free as you or I, and the price of immunity had been the signing of the confession that would implicate Clark, an old resident of Terre Haute, "a man of honesty and integrity and whose word had never been questioned He concluded with tears in his eyes and demanded. A verdict of not guilty.

O'Mara asked if that was all and he replied, "no," he had a lot more later, but, like O'Mara, he had just made a "modest statement."

The defense then called fW Horn and Leo Alanso, and when they could rot be found, stated that they understood the state was trying to get them out of town. After some debate, Fred S. Waldron was called for, but was not present. When Fedderson and Armstrong failed to appear, Whltlock arose and demanded the court to issue detachments for Alanso, Horn and Waldron. After more argument, in which Blankenbaker asked for Ely. the court refused to grant the attachments and "Buster" Clark the defendant was placed on the stand.

He stated that he lived upstairs over his former saloon at Second and Cherry streets, and said he was in the saloon business, or had been. He denied having a saloon at Thirteenth street and Hawthorne avenue last summer. He said he had no interest in a roadhouse at Oakview and that Charles Morgan was not working for him at that time. He said he owned a half interest in three lots there, however, and he had nothing to do with the renting of the house on it and had never been in it. He said he knew nothing of slot machines being stored in the house and had never owned or driven a Ford auto and never had one stored in Scott's barn in North Fourth street. He said he never remembered of an auto driving up In front of his saloon at Second and Cherry streets last summer. He said that stolen tires had never been pla,ced in the house at Oakview to his knowledge. He went on to deny all the other evidence introduced by the state in the case and allegations in the indictment, and stated that Harry Barker and never been in his employ. He said he had never been engaged in the slot machine business and had never had anyone steal machines for him.

He said there was a big dope raid Saturday night in' the red light district about 7:30 o'clock and he was watching a crowd gather down the street, when his wife called him upstairs. He said that after a while Detectives Fedderson and Armstrong came upstairs and asked him if he had seen Harry Rogers. He said he had not and they left. He said after a while "Cap" Allen came along and stopped and he took him through the place. Later he said Earl Houck came along and Allen returned with "Footboard Pete" Lockwood and Harry Rogers, "two dopers," and took them to headquarters. He said that Attorney Blankenbaker drove up and that he and Houck and Blankenbaker talked a while and finally left, and immediately afterward Fedderson and Armstrong returned, still in search of the two dopers, and he told them that Allen had them. After he had talked a while he said he went upstairs. He said there had never been any crowd of thirteen men outside the saloon Saturday night, there had been no one named "Bill" talking to and no woman w«at by with a "beautiful outline."

The defense passed the witness. He told in answer to O'Mara's questioning how he happened to get the name Buster while working in the stave factor twenty years ago, when for 85 cents a day he took the place of a man who had given out on account of his heart. He said he had run the place at Second and Cherry streets for five years, but that lately he had only half interest with Harry Covis and the license was in his name because "he had had it in his name nine years and he thought some one else- ought to have it."

O'Mara had him admit that he had taken out a federal liquor license July 9, since the state liquor law had been declared constitutional.

O'Mara had him name what property he owned. He said that he and Gosnell each owned a half interest in the three lots in Oakview, but he could not remember whether the two buildings were on the lots when they bought

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them or not. He said in April, 1916, he had received the half interest from Gosnell. He said he had nothing to do with the saloon business there and got no profits or rent from it: that Gosnell attended to all of il When asked why he was so "kind hearied," he said Gosnell was a. close friend and in hard luck and also in his debt so he helped htm. He did not know in whose license the saloon license was, or whether there was any insurance on the places, he said.

O'Mara then took up the question of the slot machines and Clark stated that a man named Halsey, who was a good customer at his bar at Second and Cherry, asked him for room to mpair the machines, and that he partitioned him off some room and gave it to. him free gratis. He told of the board behind the bar with the slot machine keys, but said he did not know what they were and never asked. He said Harry Barker, did not work for him. but he was around there and sometimes used the keys. He said he was never interested in the slot machines, and he never saw George Sovern about the place or heard him talk to Barker. He told about the slot machines being taken in a raid after he was back from a trip to West Baden.

He said he had never seen Taylor, Brannin, Kennedy, Johnson or Jeffers about the saloon. He told about Brannin introducing him to Johnson the day before they left for the army.

i Court

was

adjourned at

day mornlnj.

5:40, before

the cross examination was finished and it was to be re med at 10 o'clock Fri

CUBA SENDS REGIMENT

HAVANA, July 26.—Cuba will send at least one regiment of regulars to France as well as all the volunteers who offer themselves fof service in Europe, according to the military service bill adopted by the house of representatives last riight. The bill will come up in the senate today. Formation of a Cuban aviation corps which will be trained ih the United States, is provided for.

Y. M. C. A. MEN WOUNDED.

PARIS, Thursday, July 25.—Three V. M. C. A. workers', acting as stretcher bearers in the Chateau Thierry sector,, have been wounded. They are A. T. Best, of Newark, N. J., shot in the leg Murray Bartlett, of Rochester, N. Y„ ear shot off, and Edward W. Gross, of Grinnell, la., wounded in the body, but not severely.

AVIATOR IS KILLED.

BUFFALO, N. Y., July 26.—J. Lawrence Dunham, of Brockville, Ont., an aviator, was killed by the fall of an airplane at the Curtlss field here today. James Doolittle, of San Francisco, was falally injured, dying an hour after the accident.

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V1- ..AT .. 1 .. vv I y r' WAPrm^iSTON. July 28. Locaf draft boards have been instructed by Provost Marshal-General Crowder to refuse the release of registrants in class one for enlistment in the navy marine corps, or the emergency fleet, until it has been demonstrated that there will be a sufficient number of such registrants physically qualified for general military service to fill promptly all August calls. State adjutantGenerals have been notified that the August requisitions will be equal to those of July, when 367,961 registrants were called to the colors.

Medical advisory boards also have been urged to speed up the physical examination of registrants In order tq have all men of class on® ready for call in August.

JAPAN WILL ACI

LONDON, TnTr ftr ttfmmmeed officially here that Japan has decided to accept the American proposal to assist the sec ho-Slovak armies im Siberia.

MB. SLADENS RETIRES.

President Wilson End# Political Career of Sulker. GALVESTON, Tex., July f«.—Congressman James L. Sladen today announced that he had withdrawn from the race for renomination in the Fourteenth district. A few days ago representative citizens wrote President Wilson asking what service Sladen had been in congress. The president replied that judging from Sladen's record, "No man could even pretend that he is loyal to his country." Sladen was a candidate for the place of postmaster general when A. C. Bui'.eaoa was appointed.

AtJSTRIANS WANS PEACE.

AMSTERDAM, July 26.—Austrian social demderats have Introduced an interpellation in. the Austrian lower house asking that the government negotiate inrymediately with Germany with a view to jointly fixing war aims and peace terms, and repeating Austria's readiness for peace without annexations and indemnities, according to a Vienna dispatch to the Nieuwe Rotte £amsche Courant.

KILLED BY LIGHTNING. FORT WAYNE. InL» July 26.— While working on a binder in a tield on his farm east of Butler Center, last evening, Harry Hippenheimer, 38 years old, was struck by lightning and instantly killed. Five hundred telephones are out of commission at Garrett.

GORKY IS DYING.

STOCKHOLM, July 2$.—British admiralty per wireless press.—Maxim Gorky, the Russian novelist and revolutionary propagandist, is dying, s^ys a message from Helsingfors today.

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ALLIED FORCES SLOWLY

Continued From Pag* One.

evident on the western side of the salient, but to the southwest of Rheims toward the Marne, nothing has been reported as to an enemy withdrawal. i

German attacks near Meteren, in the Lys salient, and near Hebt^terne, north ot Albert, in both of which localities the British have recently advanced their lines, are reported from London. Both enemy onslaughts were repulsed.

It is announced officially from London that Japan has agreed to the American proposal to assist the CzechSlovak armies in Siberia.

WITH THE AMERICAN ARMY ON THE AISNE-MARNE FRONT, July 26.—(By the Associated Press —The Franco-American push northeast of Chateau Thierry has reso1\ed itself into a battle for the woods, which abounds in this region. The Germans are fighting a rear guard action with their artillery and machine guns, retiring gradually before the allied forces. The German infantry is not in evidence.

The indications early today were that the enemy was making prepara-, tions for a further withdrawal. He has been struggling to hold the northern half of the forest of Fere and of the forest of Riz, but the allies are mak ing progress In the work of ousting him from the remainder of these woods.

VILLAGE DEMOLISHED.

American Troops Meet and Conquer Enemy at Epieds. LONDON, July 26.—American troops met and conquered the enemy in a furious combat in the region of Epieds. and Trugny, says Reuter's correspond ent with the American troops in Francf. German infantry, which had been pushed back from the Marne w hurried forward to check the FrancoAmerican thrust toward Fre-En-Iar-denois from the southeast.

The Germans fought well and checker?. the advance for some 36 hours anl three times wrested the village of Epieds from their determined American opponents. In the meantime, the village grew constantly sm/.Her under tne ceaseless loml-.ifi'mwit from ooth sides and i.jially disappeared not even a large pile o£ bricKS being left behind.

When the village disappeared the Germans were in possession. The Americans, tired of the ceaseless ebb and flow of the fighting there had taken the slopes on either flank and forced the Germans to make their final massed attack into the ruins of the village.

Meanwhile the allied guns have ueen brought up beyond the crest of the hill and as soon as the Germans took possession of the village, they concentrated a. terrific fire upon it until the place smoked with its own red dusk as though a-fire. When the guns ceased firing, there were no Germans left to capture or even to bury.

At the edge of the woods beyond Trugny, the German machine guns stationed ten yeards apart held up the advance a little longer. Making a feint frontal attack, however, the Americans crept, Indian fashion around the flanks and captured all the guns. Afterward the place of the advance quickened. AP

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the high ground north of Epieds, was taken and the line carried beyond Courpolt

REPULSE LOCAL ATTACK.

British Drive Germans From Positions In Flanders. LONDON, July 2®.—The Germans this morning launched a local attack against the positions recently taken by the British in the Meteren sector of the Flandera' front. The war office announces that the attack was repulsed after sharp fighting./

Last night the Germans delivered an attack upon the new British positions in the Hebutcrne sector on the front between Albert and Arras. The enemy was driven off with severe losses leaving prisoners In the hands of the British.

General Ludendorff apparently has forty divisions of shock troops still in hand. They are destined, or at least part of them, for an operation calculated to change the present situation to the advantage of the German crown prince, but it is hardly likely that Gen. Foch and Gen. Petain will let the initiative be taken from them now.

Between July 15 and yesterday, 48 German divisions were identified in the Marne pocket, and completely exhausted divisions are bein® replaced by half rested ones.

EXPECT NEW ATTACK.

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successes by the allies, and believe that the moment when the pocket dug by the Germans will become so reduced that the position will be intolerable is approaching nearer and nearer,

A majority of the jnilitary Critics think the German crown prince wiil not reconcile himself with falling back to the line of the Vesle without giving a further defensive battle on the plateau of Tardenois in conjunction with an offensive battle In the neighboring regions. It is believed probable that the Germans may al*o strike simultaneously In Flanders. The critics are convinced, however, that Gen. Foch will not let tha initiaUvs be taken from bim.

NANA BOY MISSING

WASHINGTON, July 28.—The navy department today announced the d»ath by drowning of Henry Valpey, Everett. Mass., at sea, July 21, and the disappearance at sea July 1ft, of Frfd L. Holder, of Switz City, Ind. Holder was attached to the U. S. S. Von Steuben.

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