Indianapolis Times, Volume 39, Number 240, Indianapolis, Marion County, 14 February 1928 — Page 2

PAGE 2

nity to talk with Stephenson as he through the halls, but finally departed, unsuccessful. Meanwhile, the judge called a conference of State and defense attorneys in his office. This lasted forty-five minutes, j At 10.35 the judge and attorneys ftame back to the courtroom and (palled Stephenson down. Judge Raps Hill Hill stepped to the bench and remarked that he would like to be Satisfied on that question. | McCabe: “If you are not satisfied iff think you would better go to law school. It’s as plain as A B C and Sphere's only one question here: Will \he witness testify or will he stand 'upon his constitutional right not to?” Benadum, from the sidelines —very respectfully—said: “The court, of course, understands the law and I have advised Mr. Stephenson to that effect. I don’t know what his grand jury testimony was. He alone knows that. He will have to decide whether he will avail himself of his constitutional privilege.” “Good!” ejaculated McCabe, with apparent relief. But Stephenson remarked: “I’m Slot satisfied as to what the law is.” Put Squarely Up to Steve McCabe: “It’s not a question of your being satisfied. The question is do you choose to testify or not?” Stephenson, a bit nonpulssed, repeated “I am not satisfied.” The judge straightened in his Chair and ordered briskly: 1 “Take the witness away. If he is not going to testify, bring on an- ! other witness.” Stephenson half rose from the (chair, saying: “I didn’t mean I wouldn’t testify.” Remy arose and Stephenson sank hack. Remy asked that the question be repeated. The stongrapher read the now familiar query and Stephenson doggedly replied: “I am not fully advised as to my rights and therefore I cannot answer.” Refuses to Answer Remy put another question: “I’ll ask you if, on or about Dec. 8, 1923, you turned over SIO,OOO in an envelope to the defendant, Jackson?” Stephenson: “I am not fully advised and cannot answer.” Judge McCabe, with asperity: “You are just trifling with the court when you make that statement. You are fully advised.” Stephenson: “I think lam not.” McCabe: “You are mistaken about it. Mr. Stephenson.” Stephenson: “At least I am truthr ful.” McCabe looked long at the witness and then said: “There is nothing the court can do to make him talk. Are we going to sit here at the expense of the county and let him consult with his attorneys about one thing or another? He was brought here to testify, not to spend time talking with his attorneys. My notion is that he should be taken back where he came from at once and stay there until he is ready to testify.” Suggests Conference Special Prosecutor Johnson said the State did not know what Stephenson had in mind, but perhaps if he were permitted a long talk with his attorneys the point might be cleared up. “Os course, the court will realize,” 6aid Johnson, “that we are anxious to have him testify, or we would not have brought him here. I suggest the court permit him to go to the grand jury room until 2 p. m. and then we will see if he is ready to testify.” The court assented and Stephen-

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Robinson Tells of Visit to Jackson; Testifies Coffin Made Bribe Proposition

Fred Robinson, former State purchasing agent and lifelong friend of former Governor Warren T. McCray, was the second State witness today in the trial of Governor Ed Jackson in Criminal Court on a charge of conspiracy to bribe McCray. Robinson's testimony proceeded without interruption until he was called upon to relate what took place in Jackson’s office the morning the alleged bribery offer was planned and carried to McCray. “Detail what was said in the presence of Jackson?” was the question from Prosecutor William H. Remy that brought Defense Attorney Silas Kivett to his feet with an objection. The gist of his objections centered on the contention that Robinson’s knowledge of the alleged conspiracy voided the State’s claim of concealment, without which they could have been no prosecution because of the statute of limitations. No Concealment, Says Kivett “If there was any offense, it was not concealed,” Kivett asserted. “The defendant is called upon to answer only those acts of concealment by means of which the alleged concealment was effected, as stated in the indictment. “Whereas a number of persons are shown to have had knowledge of the alleged offense, the only defi_ nite acts of concealment alleged in the indicement were dirctd at Warrn T. McCray. There is no charge that Robinson, Noel or Lyons were placed under any restraint.” “If this case had been outlined in the indictment as it was in Mr. Johnson’s opening statement yesterday, there would have been no case.” “There was not a concealed, but a revealed offense, if any at all.” Special Prosecutor Emsley W. Johnson replied by insisting that the fact that other persons knew of the son, Hill, Benadum, and Newman were put in the grand jury room, with guards inside and out. The doors were kept open so the quartet could be seen inside, in earnest conversation. Meanwhile, the State put Robinson on the stand and the trial was resumed. Stephenson was on the witness stand for almost an hour and a half Monday, but answered only a few questions, because defense attorneys began a battle, similar to the one argued before, in the motions to quash the indictment, to prevent Stephenson's testimony from getting in the records. Defense Blocks Answers Defense objection blocked an answer. Louis B. Ewbank, chief of the defense counsel, contended the State was able to bring prosecution only on the contention that concealment had tolled the statute of limitation. Therefore, he contended, concealment must be shown before evidence would be admissible as to existence of the conspiracy. Ewbank argued that because of the number of persons alleged to have knowledge of the alleged conspiracy, there could have been no concealment. The State contended the logical and usual course would be to prove that a conspiracy existed and then to follow with evidence of concealment. Judge McCabe agreed it was within the discretion of the court to govern what should be the order of proof in the trial, but withheld formal judgment until this morning. Asks for Briefs After hearing the arguments for an hour and a half, McCabe asked attorneys to submit. briefs on the question. These he looked over during the night for guidance in his ruling this morning. Stephenson’s few words followed the defense opening statement by Attorney Clyde Jones. The jury was selected early in the forenoon. Johnson made the State’s opening statement.

ASQUITH IS SUING Famous British Liberal Cannot Survive Long. Ha I nilttl i’rcs* SUTTON COURTNEY, England, | Pcb. 14—Relatives at the bedside of the Earl of Oxford and Asquith i today abandoned hope for his re- ! covery. “It is only a question of time,” ' Sir Maurice Bonham-Carter, Lord | Oxford’s son-in-law, said. “Al- | though there is no change, we have j given up hope.” Lord Oxford remained uncon- | scious today and members of his ; family were gathered at his bedside, j The former prime minister of I Great Britain was noticeably weaker than yesterday. He became ill several days ago at his country home at Sutton Courtney, on the Upper Thames, suffering from an attack of pharyngitis, with signs of bronchitis. JEWETT AND RUCKER SPEAK AT LOGANSPORT Republican Governor Candidates Talk on Lincoln and Utilities. Hi! Times Special LOGAN SPORT, Ind„ Feb. 14. Two Republican gupbernatorial cani didates spoke here last night. Charles W. Jewett addressed the Lincoln Club on “Abraham Lincoln,” and Alvah J. Rucker spoke before a large number of Republicans on “Utilities in Government.” Confining himself to the career of Lincoln, Jewett sketched the early days Indiana, Lincoln’s exploits in the Black Hawk war, and devoted the remainder of his talk to the great emancipator as a stateseman, “The honors accorded Lincoln are not those accorded to mere man. Hero worship never takes of the I form of granite, marble and bronze, j unless the object of that worship j first has been enshrined in the j hearts of his people. Great souls alone survived the test,” Jewett declared. \.

alleged conspiracy did not impair the State’s charge of concealment. Robinson Testifies Under Remy's questioning, Robinson said he lives at 1436 Broadway, is in the storage business. He said he had known McCray practically all of his life. He related that he was secretary of the State purchasing committee under McCray and formerly was on the State board of accounts. “Do you recall the occasion of the resignation of William P. Evans?” Remy asked. “I do,” he replied. Q—Did you see Governor McCray on that day? A—l did. Q —Prior to the time that you swa Governor McCray did you see Ed Jackson? A —l did. Q —Where? A—ln his office as Secretary of State. Q —What time? Between 10 and 10:15 in the morning. Q —What was the occasion for your going to Ed Jackson’s office that morning? Tells of Jackson Visit On defense objection, Remy withdrew the question. Q—Prior to the time you went down to Jackson’s office, did you receive any word from him? A—Yes. Q—What word did you receive from him prior to your visit? A —A telephone call. Robinson then related that his office was on the second floor while Jackson's office was on the first floor. * Q—After you received word, what did you do? A—l called at Jackson s office and was told to come in, that was at the private door. Q —Why did you call at the private door? A—l had been so directed. Q —Who were in there? A— Jackson, Coffin, and a gentleman named Robert Lyons. Q—When in the office did you have any conversation with those present? A —l did. g— With whom? A—Mr. Coffin j Q —ln the presence of Jackson? A—lt was. Q—Detail what was said in the presence of Jackson. It was here that the defense objection and the State’s replies interrupted questioning for three quarters of an hour. The objection was overruled at 11:31. Remy directed the stenographer to re-read the question. Coffin Makes Proposition Referring to Coffin’s conversation, Robinson said: “He said, ’You understand Mr. McCray is in trouble?’ I said, ‘Yes, he seems to be in financial distress. I think he will recover soon.’ He said. ‘I believe he’s in more distress than you think.’ I said, ‘Perhaps so.’ He asked me if I knew there was a vacancy in the prosecutor’s office of Marion County. I replied, I didn’t know. He informed me Evans was to resign. He tcld me he would like to suggest a name to me for successor and that he would like for me to go to Governor McCray in this man’s behalf and offer the Governor a sum of money toward paying attorneys’ in cases pending and with the assurance that the men in office would ever subject him to matters of— Here Robinson faltered and then continued:—having him cleared of any action by juries in Marion County. There was some proposal of $10,900 and that he would be immune. Went to McCray’s Office Robinson said he told to Coffin, Jackson and Lyons he did not believe McCray would consider the offer. “I told them It wouldn’t be necessary to take this message to the Governor, because I was satisfied he would turn it down and I was sure the offer would kill the preposition,” Robinson stated. “Coffin said I should stress the fact that he might need the SIO,OOO in carrying on his in the courts and wanted to know that if I failed to make the proposition how I would feel about my best friend going to jail. I told them then that I would make the offer.” Q —When you left the office where did you go? A—To McCray’s office. Q —Did you see him and did you have a conversation with him? A— Yes. Ed Jackson Telephones When Remy asked him to state what McCray said and what he said to McCray, the defense objected because the statement was not made in the presence of the defendants. The cour tupheld th objection, remarking to Remy that it would be necessary to show the alleged conspiracy.

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THE INDIANAPOLIS TIMES

Remy then opened another line of questioning. Q —Who was it, if you know, from whom you got the call when you first went to the Secretary of State’s office? This was not answered because of defense objections. Q—You are acquainted with the voice of Ed Jackson? A—Yes. Q—Did you hear his voice over the phone that morning? A—Yes. Q —What was said? A—He said this is Ed Jackson and he wanted to know if I could come down. Q —When you got there did anyone else but Coffin say anything to you? A—Nobody else said anything to me. Q—Did you return to that office after you had been to the Governor's office? A—Yes. Q—Was there any conversation after that? A—Yes. Q —Who was present? A—Jacksen, Coffins and Lyons. Q—Wliat conversation did you have when you returned? A—l told them that it had been rejected, just as I anticipated before I left, and the Governor said under no circumstances would he entertain such a proposition as this and to tell those from whom I came that he had already decided on the appointment of Remy. Q —What did they say to you? A—Jackson said he didn't think I had put the matter up in a way that he could and that he would call on the Governor himself. The defense objected to Remy’s request that Robinson give as near as possible the exact words used by McCray on the grounds that the witness had answered the query. It was sustained. Conversation Is Barred Q—What did Jackson do when you told them about the conversation with McCray and his refusal? A—He didn’t say anything in particular while we were in the room. Robinson then said Jackson was standing when he returned from the Governor's office. Q—After Jackson said he didn’t believe you had put it in as strong a light as he could, did any one else say anything? A—l don't believe so. Q—What did Jackson do after he made the statement? A—We left the office. When we walked doivn the corridor I went to the left and he headed to the right toward the Governor's office. Q —Detail the conversation you had with McCray when yev went into his office after first goi. j to the Secretary of State's office? The defense objected but was overruled. A—McCray was seated at his desk ni the center of the room. I walked up and sat down in a chair at the side of the desk. Will Evans was in the room at the time. I told McCray I'd been requested to come to him by three of his friends and asked by them to suggest a name for the vacancy in the prosecutor’s office of Marion County. Lyons Not Mentioned I told him those who were asking for it were Jackson and Coffin, I don't think I mentioned Lyons because I didn't believe he knew him. I knew he knew Coffin. I told him they proposed to furnish him SIO,OOO for attorneys fees and a trial and see that he'd be immune from conviction in Marion County in his difficulties if he'd approved of an Indianapolis attorney by the name of James E. McDonald becoming county prosecutor. “He turned on his swivel chair and faced me, replying that under no circumstances would he enter into such a proposition and he would not appoint anyone in such a situation as this. He said he had already decided. He said he was going to appoint Remy. I told him I concurred in this appointment. I then returned to the secretary of State's office.” Court adjourned until this afternoon.

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BORNS DENIES HE SLEUTHED IN CONTEMPT CASE Detective Testifies*" He Did Not Shadow Fall-Sin-clair Jurors. By United Press WASHINGTON. Feb. 14.—William J. Burns, veteran detective, denied on the witness stand in the Sinclair-Burns contempt trial today that he had any connection with the shadowing of Fall-Sinclair jurors, which resulted in contempt charges against him, Harry F. Sinclair, and four others. Burns testified after five United States Senators and two others had testified, unqualifiedly that his reputation for integrity was good. These witnesses were Senators Watson (Indiana), Sliortridge, Moses, Copeland and Wagner: Joseph P. Tumulty, secretary to the late President Wilson; and Tames M. Beck, solicitor general at the time Burns headed the Justice Department investigation bureau. Burns testified he was not consulted by his agency concerning Sinclair’s employment of detectives to shadow jurors in the Fall-Sin-clair oil conspiracy case. He said he knew nothing about it until Nov. 1, the day after Government agents raided hotel headquarters of the detectives here. He said he did not know that certain reports of William J. McMullin, Burns detective who informed the Government of the jury shadowing, were false until several days after Burns testified before the grand jury. He had backed such reports, telling of an alleged contact between Juror Glascock and a Department of Justice official, in belief they were true, he said.

FIGHTS LATEST DRYUW MOVE Terre Haute Man Appeals From City Court. Bn Times Special TERRE HAUTE, Ind„ Feb. 14. Mike Zabo intends to put anew method of enforcing the Wright bone dry act to a test here. He has appealed to Vigo Circuit Count from the city court where he was fined SIOO and costs and sentenced to thirty days in jail on a liquKr case. Sam Beecher, city court judge, sentenced Zabo after proceedings the judge mapped out a few months ago in an effort to evade the slightly damp Wallace decision on the dry law by the Indiana Supreme Court. • The high tribunal ruled that liquor search wai-rants must be issued on actual knowledge instead of information and belief. Judge Beecher holds secret, one-sided hearings, followed by search warrants, as a method of getting around the decision. Victim of Shooting Buried By Times Special VINCENNES. Ind.. Feb. 14. Funeral services and burial of Leland Brian, victim of a shooting episode in Chicago Saturday, were held here Monday. The dead man was a son if Dr. J. R. Brian.

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HOLLYWOOD. Cal., Feb. 14. Evelyn Brent, star of the films, has been gi-aduated. If ever there was a reward of industry hers is just that. She never has tossed temperament around, though she could have as wife of a Paramount

CRAWFORD WILL SEEK GOVERNOR NOMINATION Connersville Man to Enter Democratic Race Wednesday. The long-anticipated announcement of Earl Crawford, former member of the State highway commission, for the Democratic nomination for Governor will be made,Wednesday, his friends say. Crawford, who lives at Connersville, was one of the coinmissioners subjected to the fire of the State board of accounts early in Jackson’s administration. He was among these indicted by the Marion County grand jury in 1925 when an effort was made in the Legislature to enact a bill which would have enabled the Governor to oust all highway commissioner's then (in office. The indictments were dismissed. Crawford, the fifth to seek the Democratic nomination, promises io open headquarters in Indianapohs and to make a strenuous State-wide campaign. He has been connected with the Indiana Farm Bux-eau Federation for some time. * Local Damage Case on Trial Bn Times Special SHELBYVILLE. Ind.. Feb. 14. Trial of the $15,000 damage suit of Benice J. Henley, Indianapolis, against Herbert S. King, is under way in Shelby Circuit Court here. ' The case was originally filed in | Marion Circuit Court, but brought here on a change of venue. It is [ based on injuries suffei'ed in an ! automobile accident.

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BIGGEST AUTO YEAR PREDICTED Oakland Sales Executive Is Speaker to Dealers. This year will be the greatest in automobile history, said W. R. Tracy, vice president in charge of sales of Oakland Motor Company, who addi'essed a meeting of 400 Oak-land-Pontiac dealers, who met at the Claypool. Executives entertained the dealers at a banquet following the afternoon business session. Other visiting executives were: W. E. Fellows, advertising manager, and W. B. Sawyer, eastern sales manager. “Last year we sold 191,000 automobiles, advancing from ninth place in point of national sales volume duiing 1926 to that of fifth in 1927. Our 1927 business was more than 40 per cent greater than the 19:16 sales. This year we plan to exceed 1927 by another increase of 40 per cent. Willys-Overland dealers, served in Indianapolis by the Capitol Motors Company, were holding a Statewide meeting today. Representatives from the Willys-Overland factory at Toledo, who were to address the meeting, are: L. G. Peed, general sales manager: George Graham, assistant sales manager. Joseph B. Graham, president of the Graham-Paige Motors Corporation, will meet Indiana GrahamPaige dealers at luncheon of dealers and executives at the Claypool Tuesday.

.FEB. 14, 1928

INDIANA PEACH CROP WILL BE MUCHREDUCED Reports Show Buds Killed by Cold Throughout State. By United Press *“ LAFAYETTE, Ind., Feb. 14.—The peach crop in many sections of Indiana has been almost totally blighted, while the yield will be materially reduced over the entire area, Doyle Zaring, seci-etary of the Indiana Horticultural Society, and Prof. C. L. Burkholder, of the horticultural department at Purdue University announced today after completing a careful examination of peach buds from a large number of orchards. January Cold Fatal The cold wave dui'ing the first few days of January was responsible for the loss. Coming as it does on the heelsof two successive bad years, the poor yield will be felt keenly by peach growejg of the State. Prof. Burkholder’s reports show that practically all of the Hale and Alberta peach buds in the vicinity of Indianapolis have been killed. Although live buds can be found on Champion, Belle of Georgia and Carman varieties. Reports on Destruction The destruction has been widespread. Reports from Aurora show 50 to 80 per cent killing: Petersburg, 90; Vincennes, 50 to 80; Lafayette, less than 1 alive; Mitchell, 90 to 98 killed; De’cker, 50 to 75 per cent. In spite of the widespread killing, the Purdue authorities advises that by careful management, growers who still have live buds may be able to supply at least some of the many consumers who demand peaches of the high Indiana quality. Local Student Honored Bn Times Special BLOOMINGTON, Ind., Feb. 14.-~ Joseph O. Carson, Jr., Indianapolis, Indiana University student, has been named as the cadet officer whose work was most outstanding in advanced military work during the semester just closed. Each semester the Cadet Club, organization of student officers of the university R. O. T. C., honors the officers who proves himself superior in command, efficiency, interest and scholastic standing. His name will be engraved on a silver loving cup which remains permanently in the office of the military department.

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