Indianapolis Times, Volume 39, Number 241, Indianapolis, Marion County, 15 February 1928 — Page 2

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day afternoon by a long argument over their objections. Overnight Stephenson had a change of sentiment and Tuesday morning he refused to answer State questions, insisting he did not understand his “constitutional rights.” After long confabs with his attorneys and one with the judge, Stephenson was taken out of the courtroom for further consultation with his lawyers. Robinson Still on Stand Tuesday afternoon it was announced he had decided to testify freel/, but the State had placed Fred Robinson, former State purchasing agent on the stand, and did not finish with him until soon after court opened this morning, so Stephenson had to spend another night in Marion County Jail. Every courtroom seat was taken and a big crowd waited in the corridors. Spectators were admitted one by one as seats were vacated. The Governor sat at ease, stiffening now and then as Stephenson testified. When court opened this morning, Robinson, who Tuesday told of taking the alleged SIO,OOO bribe offer to McCray, was asked a few questions in cross-examination by Defense Attorney S. C. Kivett. Kivett asked if he had “thought of any more beans,” referring to Robinson’s statement Tuesday explaining contracts to supply State institutions with beans. Recalls Bean Deal Robinson replied that it had Slipped his memory Tuesday that ; 'Aug. 27, 1927, he had sold 1,000 pounds of beans to the State School for Feeble-Minded Youths at Ft. Wayne, of which Governor Jackson’s , brother is superintendent. When the State informed Judge ’McCabe that they might want to use Robinson again,' the judge ' ordered him from the room. Witi iiesses are being kept from the room except while testifying. Special Prosecutor Johnson and Deputy Prosecutor John L. Niblack then left the courtroom and returned from the anteroom a few ' minutes later, followed by Stephenson. Stephenson took the stand at 9:12 a. m., after one brief glance at Governor Jackson, his former close friend, and began answering the State’s preliminary questions. Nothing was said about his refusal to answer Tuesday.

PEORIAN HEAVY BUYER : AT ANNUAL TAX SALES Illinois Man Buys Half of Land Sold for Nonpayment, J. W. Parker of Peoria, 111., has purchased real estate on which approximately $50,000 in taxes was delinquent, about half of that offered at the annual sale this week in the office of County Auditor Harry Dunn Monday. Parker was anew name at the annual tax sales and his first appearance here netted him approximately half the lots offered for sale. Purchase of real estate at the delinquent tax sales yields a high interest rate and it is possible to get a title to the property at the end of two years. During this period it can be redeemed by the owner by payment of taxes, plus penalties and interest. Property sold was that on which 1926 taxes, due in 1927, had become delinquent. A few lots of the 3,500 originally on the list remained unsold. WOMAN - wiNS CONTEST Mrs. Rose Bowers Gets First Honors in League Spelling Bee. Mrs. Rose Bowers, 534 N. Sheffield Ave., won first prize of $5 at the Sherman-Emerson Civic League spelling bee, Tuesday night. The word “mademoiselle” proved the snag for Henry Taylor, State fairground, who won second prize of half a ton of coal. Edward O. Snethen, attorney, was "schoolmaster.” AIR ~MAIL NEED TOLD Cincinnati Man Speaks Before Kiwanis Club Here. Charles E. Planck, Cincinnati, representative of the Embree-Rid-dle Aviation Company, contractors for the Chicago-Cincinnati via Indianapolis air mail route, today spoke briefly at the Kiwanis Club luncheon. Planck discussed advantages of the air mail service for business men. Two thirds of the major cities of the country are touched by air mail lines now, he said, and overnight service is available as far west as Boise, Idaho, as far south as Leredo, Texas, and as far east as Boston and New ork.

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JACKSON IS BRANDED BRIBE PLOTTER BY STEVE

Detailed testimony in Yhe trial of Governor Ed Jackson in Criminal Court follows: Cross-examination by Defense Attorney Kivett sought to impeach State Witness Fred B. Robinson, former State purchasing agent, Tuesday afternoon and to indicate that because Robinson was not given an appointment to the board of trustees of the Indiana State Reformatory at Pendleton he was disgrountled and in a mood to \seek revenge against the Governor. Kivett’s opening questions were intended to show that Robinson had fared well through his political endeavors, being the owner of an eight-room house at 4236 Broadway and a warehouse and filling station at 601 Kentucky Ave. Jackson Not in Conversation The only point the defense was able to bring out relative to Robinson’s going to McCray’s office with the alleged offer was that Jackson took no part in the conversation that resulted in Robinson’s carrying the message. Earlier in the day he testified that Jackson was in the room and he had been sent by Jackson, Coffin and Lyons to see McCray. However, he stuck to his original story that Jackson told him, after McCray rejected the offer that he had “not put it in a strong enough light.” “Do you remember going to Jackson’s office with a Dr. Carter, seeking an appropriation for equipment at the tuberculosis sanatorium at Rockville, Ind.?” Kivett asked. “Yes; in September or October, 1927,” Robinson replied; “after Sept. 30, I think,’because that’s the end of the State’s fiscal yejir and the Governor said he would give us enough out of the contingent fund.” Denies Such Conversation Q—Was it not on or about July 1. A—l don’t think it was that early. Q—Didn’t you step back to the Governor before you went out and tell him you wanted to arrange to get some State contracts and the Governor said “You can’t do that, you’re now a State officer?” A— No (Robinson laughed), there was no such conversation. Robinson then was questioned about hi* acquaintance with McCray, which he said dated back to the time they were "small lads in knee breeches.” He told of having been McCray's Ninth district campaign manager in McCray’s 1920 primary campaign and of having been one of three men in charge of McCray’s primary campaign in 1920. He himself directed McCray’s campaign for election after the primaries in 1920 and tvhen the inference was drawn that McCray became indebted to him he admitted he was paid for such of his managerial duties as were directed from McCray headquarters at the Sever in. When inquiry turned to the Newburgh Coal Company, Robinson said he understood Julian was interested in it, but tha: he didn’t know Stephenson was Julian’s partner. Quizzed on Lyons Acquaintance Q —Ycu knew, did you not, that when a certain State institution terminated its contract with the Newburgh Coal Company that $1,250 of the State’s money was turned over to the company on Feb. 12, 1923? Not on my recommendation. Questioned as to his first acquaintance with Robert Lyons, Robinson first said it was in 1924, and a few moments later corrected his story to make their acquaintance begin in 1922. “I always remember dates through associating them with something else,” he said. “I was wrong about 1924. It should have been 1922.” j He said he believed he first met ! Lyons in a room at the Lincoln, where he went to see Walter Bossert. Q —Was this man Bossert what 1 they called Grand Dragon of the Indiana Ku-Klux Klan? A—l never was much on those titles—he was head of the Indiana Klan as I understood it. Q—Have you met Mr. Gurley, editor of the Times. A—Yes. Q —When was that? A—He came to my house the night before I went to testify before the grand jury. Q—Did you converse with him about this case? A—We talked generally'about it. He came in connection with this matter. Q —Did he have with him what purported to be a statement or affidavit? A—Yes. Q—Did you ever see something of this kind supposed to have been

iflPSiafw m

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signed by Robert W. Lyons? A— No. Q —Ever hear of it. A—No, sit. Q —On what day did you go before the grand jury? A—Along about the end of August—the 30th or 31st. Robinson then said that it was the day or the day following that when the story appeared in The Indianapolis Times relative to his connection with the case. Asked to Face Jury He said that he was not subpoenaed before the grand jury, but bad heard he was to be called and so called Johnson on the phone, telling him he rather would come voluntarily. Q —What time of day did you go before the grand jury? A—After 9 a. m. Q —You went without a subpoena after talking to Gurley of the Times? A—That’s right. Q —What time did Gurley leave your home? A—About 9 p. m. Q—He was there in the night time? A—That’s right, about 7:30. Q —And after that you presented yourself for admission to the grand jury room. A—Yes, that’s right. Robinson said that he learned of McCrays financial difficulties in 1923, but denied soliciting funds or borrowing money for him. He admitted borrowing money from Eph Dailey, of Ft. Wayne, member of the State industrial board, which he admitted he probably would have turned over to McCray.

Borrows Other Sums He said he borrowed in this manner SSOO each from Harry B. Smith, former State adjutant general, and Oscar Ratts, former public service commissioner, but that he had paid Smith the money back. Altogether, he borrowed $2,500. he said, and to date lias repaid $2,000 of it. He said: “I suppose Dailey was interested in Mr. McCray, too?” Kivett then turned ths questioning in the direction of Robison’s solicitation of an appointment on the board of trustees of the Indiana State Reformatory. The advances first were made through McCoy, Robinson said, but later he discussed the matter with Jackson on several occasions, he asserted. Robinson related that after the 1927 legislative session he talked to Jackson about it and was told that the Governor was going to appoint a man named Harrison at Attica to the board because of his especial fitness. Expected Appointment Robinson said he understood he was to be appointed to the board, however, when the term of Joe Henning expired “this spring or next.” Kivett brought replies from the witness to show that he had not conferred with the Governor since Aug. 31. 1927. when the bribery story was related in The Times. Q —You knew this story in The Times had been printed? A—Yes. Q —You kn<;w it was a misrepresentation? A—Well, there were some statements there 1 didn’t approve of. Robinson was asked questions that took him back to his conversation with Dailey regarding the McCray situation. Q—Did you not tell Dailey that Stephenson would have given $lO,000 if McDonald had been appointed? A —l don’t remember. Robinson had a. tiring experience under Kivett’s questioning which continually sought to confuse him on details. The witness was asked where Evans stood when he (Robinson) carried the alleged bribe offer tc McCray, did McCray say “Howdy” or “Good morning.” what tone of voice he used, and was called upon to relate, as near as he could, the exact phraseology of his message from the alleged conspirators. Sought As he went slowly over the conversation again, Kivett scanned a transcript of the morning’s testimony for discrepancies. Robinson said he and McCray had discussed the case when they went to Bloomington together last fall to a football game. Cross-examination closed at 4:30 p. m., Kivett asking the privilege for another question or two later if he desired. On re-direct questioning by Remy, Robinson was able to explain several points on which defense insistence upon “yes” and “no” answers had curbed his explanations. He described further Gurley’s visit to his home and said: “I finally -told Gurley he could ask me one question and if I chose to answer it, I would, and if I didn’t I wouldn’t, and that the conversation would end right there. “So he asked: ‘Did you go to McCray’s office before or after Governor Jackson.’ “I said, ‘before,’ and the conversation ended.” D. C. Stephenson today took the stand shortly after Robinson had answered a few minor questions and temporarily was excused. When Stephenson came in whispers of “there’s D. C.” filled the courtroom. He testified that he had known George V. Coffin, Governor Ed Jackson and Robert I. Marsh since "early in the spring of 1922. He said he had social and political relations with them and that Jackson called at his home and he called at Jackson’s house several times, also that he and Marsh exchanged visits. Special Prosecutor Emsley W. Johnson questioned him.

Q —Did you have any conversation with Ed Jackson in respect to the appointment of a prosecutor for Marion County to fill the vacancy caused by the resignation of Evans? A—Yes. Q —How many? A—l don’t recall. Q —More than one? A —Yes, four or five. He said some of these conferences were in Marsh’s office. Q —Did you have any conversation with Coffin? A—Yes. Q —Where? A—At his garage oh Market St., and at the Washington Hotel. Q —Where was the garage? A— About a square east of here and was operated, I understood, by Coffin and Dodson. I had another conversation with him in the Washington Hotel, where I lived for some time. Q —When was your first conversation with Jackson? A—l don’t recall, but I know it was prior to the time the appointment was made and then there were some conversations afterward. Q—How long before? A—When

THE INDIANAPOLIS TIMES

we first learned that Evans was going to resign. Defense Carries Point Q —Give the conversation, what you and Jackson said on the occasion when you talked to him before appointment of the prosecutor? The defense objected and Johnson withdrew the question. , Q —How long was it before the actual resignation of Evans? A—l don’t know definitely. A few days before. Johnson directed his attention to the conversation Stephenson had with Jackson and asked: “Detail to the jury what was said by you and Jackson in respect to that appointment. Juror Everett McClain asked the court to have the witness move farther out on the stand, because he “couldn’t even see him from l^ere.” Stephenson laughed and moved his chair out. Then he attempted to repeat the question, with Johnson instructing him to let the court reporter read it. His answer was that it was impossible to give the exact language, but he thought he could relate the substance of the conversation. A—As I recall it, Jackson had been informed that Evans was going to resign and if the successor was a man who used the office and its political influence against us, it might harm his candidacy. Jackson said he believed the situation was important enough for us to interest ourselves in the appointment of Evans’ successor. That was about the substance of it. Q —When did you next talk this over? A—We discussed it at different conferences. We talked about exerting all possible efforts to obtain appointment of a successor. In substance, that’s it. It was said several times that the appointment was important and if it got into the hands of a man unfriendly to our politics it might be used against us, while if a man friendly to us was in the place it would be the reverse. I talked to Coffin, and Coffin said he had heard Evans was going to resign rather than prosecute his father-in-law.

Met Just Before Resignation Johnson recalled to Stephenson that the date of Evans’ resignation vas Dec. 8. 1923, and asked him how long before this he had his conversations with Coffin. A—Just a few days before.” Both Jackson and Coffin were present. I am not positive of the date of the conference, but I knew it was before the resignation. The sense of the conference and conversation was this: That it was an important post to be filled and some persons were attempting to get their candidate in, and it was up to us to play the game in Marion County. Coffin said if one hostile to us got the office, it would be against the organization, but if someone friendly went it, it would not hurt us, but might aid. On one occasion Jaxkson, Marsh, Coffin and I were in an elevator in the Indiana Trust Bldg, and I remarked I had been asked to get to Noel and make him a proposition to offer McCray SIO,OOO for his counsel if he would appoint as prosecutor someone designated by our group. Dangerous, Said Coffin Q —What did any of the three say on that occasion? A—Coffin said, I remember well, ‘lt’s dangerous business buying a Governor. I’ve got an appointment with my wife.’ He went right home. Q —Did you have any other discussion with the three relative to this matter before Evans resigned? A—Yes, I met them practically every day. I don’t recall the definite times. Q—Before Evans’ appointment, was anything said about presenting the proposition to McCray? A—Yes, there was some discussion of it. Q—Where? A—At all the meetings. Q —What was said? A—From what they said, efforts had been made to control the appointment of Evans' successor and the effort would grow more intense after the resignation, when a successor had to be named immediately. Gives Substance of Talk Q —Was anything said about a promise to McCray? A—That was five years ago. I don’t recall definite statements. Qi_Give the substance of what was said. A—Well, I was to see Noel and tell him we would donate SIO,OOO for McCray’s counsel in the event Noel persuaded McCray to name the prosecutor we designated. It was agreed Marsh would introduce me to Noel. Stephenson said they discussed the possibility of a reaction by Noel to the proposition, but that Marsh assured him Noel was a “high type man.” He related that Marsh took him to Noel and that he explained the proposition to him. being directed to return to Noel's office at 2 p. m. for answer. Q —When you came back, what did Noel say? A—He said McCray resented the offer. I felt that I was in the position of having attempted to trade on McCray’s misfortune. Q —After your conversation with Noel, did you have any further conversation with Jackson or Coffin? A—Yes, we had a sob party because we had lost the appointment. Talked of Resubmitting Bid Q —ln conferences with Jackson, Coffin and Marsh, or any one of them, after you heard from Noel, what was said? A—lt was suggested the proposition should be resubmitted direct to McCray. Whether it was, I don’t know. Q—Did Jackson say whether he did tnat? A—l don’t remember that he told me specifically. When Stephenson added, “I believe he did,” and again, “it Was said he did at the meetings a number of times,” the repli< s were stricken out on defense objections. “The substance of our conversations was,” Stephenson managed to get in, “that Jackson had presented the offer to McCray and that McCray had turned it down.” Q —Was anything said about what McCray said? A—Yes, he emphatically declined it. Q —Was anything said about any one’s havig sympathy ‘for the old man?’ Jones interrupted with “That’s

outside the case and carrying a joke too far?” Johnson retorted hotly and Judge McCabe stopped the wrangle. Q —Did you at any time give Jackson , the sum of SIO,OOO in connection with this transaction? Jones objected again, but the Governor tapped him on the shoulder and whispered in his ear. Jones skid: The Governor has asked us to withdraw all objections and to let the witness tell all he wants to.” Queried on SIO,OOO Q —Did you give SIO,OOO to Jackson at any time? A—That is not a definite question, Mr. Johnson. I wish you’d clear it for me. Q —Did you give Jackson any sum of money or SIO,OOO for the purpose of paying it to McCray? A—As that question is propounded, my answer is no. Q —Did you give McCray SIO,OOO for any purpose? A—l offered it to him through Noel. Johnson said he had made a mistake in the question. Q —Did you give Jackson SIO,OOO for any purpose that he saw fit to use it? A—Yes. Q —Tell all details of the situation. A—lt isn’t identified in my nfind that way. Says He Gave SIO,OOO Q—Did you give hint $10,000? A— Yes. Q—When? A—At different times. Q —Did you do this about the time Evans was resigning or had resigned? A—l don’t know. Johnson then got him to admit that he put SIO,OOO in an envelope in a strong box at the Washington Hotel a few days prior to the appointment. Q —To whom did you give the money? A—Marsh, first. Q —Who paid it back to you? A—lt came back to me in an envelope, I think, and was given to me by Marsh. Q —When? A—A few days after the appointment was made. Stephenson said he did not remember where this letter transaction took place. He repeated that he Kept the money in a strong box at the hotel and added "or at my home.” Deosn’t Recall Companions He said he did not recall whether any one was present when he gave the money or when he received it in return. , Q —Did you have any conversation with Jackson in regard to giving the money to Marsh? A—Yes, I told him I was willing to contribute to McCray’s defense fund if he -Appointed the candidate of our group to the office of prosecuting attorney. He said I was generous in making this offer, but didn’t know how McCray would feel about it. He said he would try to get in touch with some of McCray’s friends. Stephenson said he had some conversation with Jackson after the appointment was made. He said it was a day or two after and probably while he was in the secretary of State's office or at lunch with the defendant. Stephenson said he did not know what State attorneys referred to when they asked him If he talked to Jackson about the situation a few days after McCray refused to appoint McDonald.

McCray Gets Scare Stephenson said they had “thrown a scare into McCray,” but that he had told them, “I was able to explain my part of it.” At a conference after they had failed to control the appointment, someone said: “We have thrown a scare into the heart of McCray and put the fear of God into him, and he will never talk about it.” Stephenson added that he had said: “I’m not going to worry; I’m able to explain my part of it.” Q —Was that in the presence of Jackson? A—l don’t recall whether it was or not. A—Was it said at any conference where Jackson was present? A—l suppose it was. ty—Who said that? A—l don’t remember exactly, but I believe Jackson was present. Surprised to Get Money Asked what became of the SIO,OOO, Stephenson said: “I was surprised to get it back.” When Johnson sought to have Stephenson tell what contributions he had made to Jackson’s campaign expenses “up until Jan. 1, 1925,” the defense objected and the court held the opinion that the questioning was needless, although he would not order it barred. Q —Did you give Jackson any other sum of money before Jan. 1, 1924? A—Yes. Q —How much? A—l’m not going to get into anything not germane to the matter here unless the court orders it. Q—Did you have anything to do with Jackson s primary campaign for Governor? A—Yes, I did everything I could. Some of the things I don’t care to brag about just now. Defense Gets Witness Johnson turned the witness over to the defense. Clyde Jones took up the questioning, Stephenson turning slightly in his chair and moving, for the time being, his left hand from his chin and mouth, which had made some of his answers to direct examination difficult to understand. Q —Do you have in mind the date of Evans’ resignation. A—No. Q —What date have you in mind by which you identify the times and dates mentioned in this testimony? A—l identify them by an incident well fixed in my mind. Q—Do you have Dec. Bin mind as the date near which these various transactions occurred? A—l don’t recall, exactly. Doesn’t Recall Clearly Q —Do you recall it as just previous to Evans’ resignation? A—To say that I recall clearly is not correct. I do not recall clearly. Q—Are you hazy on these matters? A —As to date, I may be hazy. Q—The SIO,OOO you had in strong box in the Washington Hotel—how long was it there before you removed it? A—l don’t know. After several questions as to how many times the money was removed and replaced before the actual visit, the defense attorney started a word

tilt with the witness that finally was ended by the judge. Q —Did you show the money to Mr. Noel? A—l had it in an envelope. I know he knew it was there. Q —You told him you had it there? A—Yes. Q —You expected him to take the money? A—l had no expectation. Q —You said Mr. Marsh had said he would take the money, that he was a high-class gentleman. A— I didn't say that. Didn't Think of Offense Q—You did think it would not offend Mr. Noel to ask him to help you bribe the Governor? A —l did not think that. Q—Did it occur to you he might resent it? A—l had no thought about it. The questioning turned to intimations by Jones that Stephenson thought his personality and influence would force acceptance of the proposition. "I can’t answer,” Stephenson said. Q—You deny you are an egotist? A—(turning to the court) Do I have to submit to this sort of insult from attorneys? Q—Did you patronize banks extensively during this time? A—Yes, at times. Q—How much was in the Washington Hotel strong box? A—About $65,000. Had Currency and Bonds Q —ln currency? A—Yes, and in bonds. Q —Did you separate the SIO,OOO, out of the box or to an envelope? A—Yes. Here Jones turned to a discussion of the visit to Noel’s office. * Q —How many days before the visit to Noel’s office did you remove the money? A—l couldn’t recall. Q —No recollectioh? A—No. Q —What time did you visit Noel’s office? A—Shortly before noon. Q —What hour before noon? A—l couldnt’ say, exactly, shortly before noon. Q —He told you to come back at 2 p. m., you recall that? A—That is my memory. Q—This money, was it in any one else’s hands before the visit? A—l took it out of the box just before going to his office. Question Is Barred Johnson rose as if to object, Jones at the same time talking to the court, who had leaned across his bench to catch each word. After words from both counsel tables, the court held the question was not proper cross-examination, and Jones resumed. Q —ln your estimation, you are meek and humble? Johnson rose again to speak, but the witness interupted. A—ls you think I am an egotist, no. Jones asked a long, involved question which drew a retort from Stephenson, who asked that the reporter reread the question. “It is ambiguous,” he said. The question asked how long Stephenson had considered this matter before he took the money from the strong box—the matter of Evans’ resignation. A—l don’t recall. Can’t Remember Time Q —About how many days? A—l don’t recall. J Q —No notion at all? A—ls you want a notion —no, I don’t recall. Q —Your best judgment? A— About a week. Stevenson added, “If it is to satisfy your curiosity, I recall on one occasion you said you didn’t give a damn what the people think.” After statements from both counsel tables regarding the turn the cross-examination had taken, Jones changed his tactics. O—How did you learn Evans was to resign? A—From Mr. Marsh, I believe. Defense counsel asked him if he testified to the meeting in Marsh's office before Evans’ resignation with Jackson and Coffin, and Stephenson replied that he did.

Before Evans Quit Q—When was that in respect to the time Evans resigned? A—A few days before. He said the conference was during the time “we had it in our minds” that Evans was going to resign. Q —About that time you got you** little envelope with the SIO,OOO handy, ready for action? Stephenson did not answer, but asked the reporter to read the question to him and then Jones withdrew the question. Q —You got the envelope ready, waiting for Evans to resign, didn’t you? A—l think that’s silly the way you outlined it to me, Mr. Jones. “Oh, you think that’s silly, do you?” Jones asked. “I do,” Stephenson replied and again faced the jury. Q —How long after you went to Noel’s office was it before you gave Marsh the $10,000? A—l can’t answer that because it asks for something I do not definitely know iri my own mind. Not Interested in Press Stephenson said he did not recall whether it was before or after he went to Noel’s office that he gave the money to Marsh. He said, though, that it was prior to the appointment. Q —lt was the time you went to Noel’s office and the News was carrying the story of Remy’s appointment? A—l am not interested in what the News carried and don’t know what they carried. Q —Did you go to Noel’s office and say you were interested in having McCray reconsider the appointment of Remy? A—l don’t recall.

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Stephenson took a dislike to Jones' manner and dared to banter with him, when questioning sought to show how many times Stephenson saw the Goernor to discuss Evans’ successor. - Q —You say you saw Jackson and Coffin several times to discuss this appointment? A—No. Saw Them Several Times Q—Well, then, you say you saw them several times previous to the time the appointment was made? A—Yes. Q—What do you mean previous? A—Why, I mean before. Q—How long before? A —Prior to. Q—l’ll ask you what you mean, “prior to?” A—l understand that to mean “before.” Finally Stephenson said they discussed it the day he first met Noetl, and that the discussion opened up, he thought, just before McCray’s indictment. Jones then introduced a sheaf of telegrams purporting to “refresh Stephenson’s memory” about a trip he made to Savannah, Ga., and Jacksonville, Fla., in 1923. Questioned if he and Robert W. Lyonsw ere not “bitter enemies” in September, 1923, Stephenson replied. smiling, “Yes, that's a, mild assertion.” Tells of Good Time Stephenson admitted he might have sent the telegrams which related, in general, to the good time he and a party of friends were having on his yaefit Constitution, which they boarded just east of Savanah. The yacht, originally called Reomar 11, later burned at Toledo. The messages served to remind Stephenson of his heyday, when his wealth and power were at their high tide. He showed a keen interest in the telegrams to his erstwhile friends here and read them to the jury with a trace of a smile on hb? face. They told of wild duck dinners, of enjoying their radios on deck and carried wishes “you were all here” and regards to “all the boys.” The jury was not informed of the recipients of all the messages. One, it was indicated, went to Marsh another to George Cowan, who Was understood to have been representing Stephenson in a legal action at Columbus. Quiz on Yacht Trouble

The defense went into the affairs of Stephenson on the yacht and asked him if he remembered having difficulties with The captain; discharging him and hiring another. He said he did not recall any difficulties, but remembered discharging the first. He also said he didn’t i remember sending to Indianapolis j for duplicate boat papers, after the first set was taken by the captain. Q —Did/ you leave Jacksonville on the night of Dec. 6, 1923, at 9:05 p. m. on the Royal Palm? A—l don't :ecall. He said he remembered sending a wire to Marsh telling him $5,000 was accessible for him to continue in repairing the Irvington residence. He said Earl Gentry made the return trip with him. Q—You had a pretty good time down in Florida? A—We were at least occupied in the occupation of attending to our own business. J Q —While you were on the boat, you had all you wanted to drink? A —ls any one suffered from drouth, it was his own fault. Q—Did you send a telegram back to Marsh saying “The fish were ferocious and licking their lips for a hook”? A—No, I don’t recall that. Someone in the party may have sent it. On Boat About 10 Days Q —Well, did anyone else have the command of the English language that you did? A—l don’t know. He said he eoldun’t remember how long he spent on the yacht but he thought it was about ten days. Q —Did you leave here Nov. 24 at noon? A—l can’t remember. Q —Do you remember leaving a grip with George Cowan with $6,000 worth of Liberty bonds in it? A— Yes, but there was more than $6,000. We agreed that he should place them in a safety deposit box at the Indiana Trust Company that cost SSO. It was quite a large box. Q —lsn’t it true that you arrived here Dec. 8, 1923. after you left Florida the night of Dec. 6? A—l don’t recall. Q —Don’t you remember that Cowan met you at the station and made a report about some Klan matters over in Ohio? A—l don’t recall.

Remembers Columbus Jaunt Q —Do you recall going to Columbus, Ohio, with Cowan and another man and staying at the Deshler Hotel? A—l don’t remember that, but I can tell you what I think you want to bring out. “I went to the Deshler Hotel on the way in from Washington to St. Louis and went to bed, because I had been up playing poker on the train all the night before. In about three hours two representatives of Evans, now head of the Klan, came to my room and we had a very thorough free-for-all fight. We broke up the furniture and two of the men were unconscious. We were all arrested and hauled down to police headquarters, but no charges were placed against us. “The papers said the next day there was a woman in the affair.” Q —Did you have a woman in there? A —No, she wouldn't get off the train. Jones took this remark seriously and questioned tSephenson closely on it^

.FEB, 15, 1928

“Now, Mr. Jones, that statement about the woman was just a sarcastic remark and is not to be taken seriously,” Stephenson laughed. Jones took a copy of Stephenson’s petition for a temporary parole to the witness stand and read portions in which the prisoner had asserted attempts had been made on his life in State Prison. Charges Murder Reward It contained the allegation that prison attaches had been informed that the man who would shove Stephenson down stairs at the prison so as to cost him his life would be rewarded. The petition asserted he was shoed down stairs and seriously injured, but the statement was corrected in a later place in the petition, Stephenson saying it had been an accident and his own fault. He was asked if it was not true that he had held up his right hand and sworn to statements he made before the State Board of Charities when the board investigated charges made in his petition. “I was submitted to a series of questions,” Stephenson related. “I refrained from telling a great many things. I said, ‘Anything I tell will be the truth.’ I made mp reply to the oath that way because 1 there were some things I was not? going to tell the board.” „ Petition Altered, He Says He declared the petition he submitted had been altered after he) had read it and that he signed it without reading it, unaware of additional charges it contained, which, he said, must have been inserted by the person who “made up the completed report.” “Then it wasn’t true they tried i to tyke your life at the prison,” Jones asked. “Absolutely true,” Stephenson answered heatedly. “You think all those at the prison who restrain your liberty are out against you, don't you?” “That’s the opinion in the minds of the people, but it’s not true.” “The warden,” Stephenson replied, “presented me from conferring with attorneys of my own selection and continues to do so to this date.” "ou claim,” Jones continued, “they won’t allow? you to send and receive mail freely?” "Not about my business, they won’t. That’s absolutely true. Frequently envelopes come to me open and empty.” Never Asked Favors Stephenson said he had not been permitted to avail himself of the due process of law in his trial on the charge of the murder of Madge Oberholtzer. “I've never asked a favor since I’ve been in the prison,” he said. “They have no rules at the State prison. They make rules for their own expediency.” Q —You feel pretty sore about it, don’t you? A—l’m aggrieved, certainly, I’ve not been permitted to avail myself of the due processes of the law. When Jones said he had an opportunity .o take the witness stand' (in his murder trial at Noblesville) and rlin’t do it, Stephenson said: “I was under duress and the threat that I would be killed if I did.” “Who made that threat,” Jones asked. “The man who put you on the public service commission, Hiram W. Evans, Imperial Wizard of the Ku - Klux Klan,” Stephenson hurled at the attorney. Question on Death Plot Q—lsn’t it true that you plotted with guai’ds and prisoners about to be paroled and paid Chicago gunmen $1,500 to have Governor Jackson assassinated? A—No (Stephenson shouted). Q—Weren’t those guards discharged? A—Yes, two guards were discharged, but one of them right now holds a position of responsibility at the prison because of his false story about the conspiracy. I agree with Hawes of Missouri that the warden of the Indiana State prison would commit any crime known to nature. Hawes recently testified on prison conditions before a congressional committee at Washington, relative to the insterstate shipment of prison-made products. BELIEVE BURGLAR QU?f OKLAHOMA CITY. Feb. 15.—Police here have come to the conclusion that a member of the burglars’ fraternity has gone South on a vacation. Ellick W. Ford aroused official interest when he found a strange auto, parked in his garage, which contained a revolver and burglar supplies. Presence of the tools, police believe, indicates the owner has-gone out of business—• temporarily at least. MAN IS BURNED IN BLAST Kerosene with which he was starting a fire in a stove at his home exploded and seriously burned Homer Snoke. 38, of 1216 Beecher St„ early today. His condition was reported critical at city hospital. The home was not seriously damaged, police said.

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