Indianapolis Times, Volume 39, Number 242, Indianapolis, Marion County, 16 February 1928 — Page 2

PAGE 2

Klux Klan, and could procure the acquittal or conviction of McCray and that McCray was in a serious condition and could not afford to antagonize them. He read further in the indictment where it alleged that McCray believed the statement, but contended that his silence was not concealment. Called No Concealment “The evidence shows that they said: ‘Keep this quiet,’ but their agreement, if any, that they wouldn’t tell is not an act of concealment,’’ Ewbank said. Ewbank also commented on the fact that Evans’ resignation as prosecutor preceded the offer by less than one hour, but that Evans had knowledge of the alleged offer for two years, Commenting on Governor Jackson's letter of denial to Boyd Gurley, editor of The Indianapolis Times, he said, “It constituted merely a denial, and denials do not amount to concealment.” No Evidence of Letter, He Says “Further,” he added, “there was no evidence here that the letter was written. Neither is there any evidence that McCray was kept from telling by threats and intimidation, excepting when Stephenson testified that he ‘threw a scare into him and put the fear of God in his heart.’ ” The judge observed that Stephson's statement was a mere conclusion. “We insist that this trial should not be continued and should not be dragged out any longer,” Ewbank said. Called Folly to Continue Attorney Clyde E. Jones then argued for the defense. “It would be the height of folly to continue this case, since the State has rested without proving the concealment,” Jones said. “I believe it has been conceded that the concealment is one of the two most important elements. State attorneys, during the argument on the motion to quash, laid great stress on the fear of God that was placed in McCray’s heart. There was nothing to show that Jackson had anything to do with this alleged fear or that Jackson stressed the power of the Ku-Klux Klan as stated in the indictment. "There is no evidence that shows anyone but Jackson and Robinson talked to McCray. In these things the State’s case falls far short of proving the specific acts charged hi the indictment. “The record will be as silent as a tomb when it comes to a showing that McCray was threatened with conviction in Criminal Court if he failed to comply.” Jones said the indictment alleged that McCray was in a serious situation. “He knew that,” Jones shouted. “I don’t recall that Jackson said anything like that. “The indictment says that they represented that McCray could not refuse this offer, but Evans’ testimony showed that he did refuse it. Challenges State “Who testified that McCray was in fear? The State never asked him that question. The State alleged McCray was silenced by fear for three and a half years, but they didn't dare ask him that question, although they told the jury in their opening statement that they would prove it. “Regarding the allegation that he couldn’t afford to reject the offer, the indictment; alleged that they could by the use of their power in the State to secure McCray's conviction. “There was no testimony they could secure anyone’s conviction.” Jones placed great importance on the fact that the State did not question McCray as to the effect on his mind occasioned by the alleged conspirators’ representations. "Tire State contends that from McCray’s silence'may be drawn the inference of fear, but that is not sufficient,” he said. Only McCray Can Tell “Jackson only said the conversation was between himself and McCray, That’s not putting the 'fear of God into McCray’s heart.’ And McCray was the only witness who could testify whether he was placed in fear by the defendants. “Why should this trial be continued as an effort to jeopardize this defendant’s rights when there is no case against him? “To what purpose should this case be continued? Why take a week of the court’s time, our time, and the jury’s time? What have we to answer? They are through. They absolutely have failed to prove the allegation in the indictment. “We were called into court to fight a charge supposed to have been concealed by artifice and trickery that, talked about by some of the State’s witnesses, was known

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DETAILED TESTIMONY GIVEN IN JACKSON TRIAL

Detailed testimony in the trial of Governor Ed Jackson in Criminal Court follows:

Noel’s Testimony

Noel said he had been practicing law for thirty-two years, was a member of the Legislature in 1899, has been a trustee of Purdue Uni-

to citizens of Indiana two years before the indictment was returned. Steve Is Rapped “Stephenson came here. That convict trifled with the court for half a day and told a story about what happened in Marsh's office, but didn’t offer any testimony to prove concealment. “There is nothing more preposterous than the charge that the defendant further concealed the alleged crime by writing letters to newspapers in September, denying the charge. “We think the motion to take the case from the jury is well taken. We do not think the State has made its case on the alleged conspiracy.” Judge McCabe then said: “If it were not for the question of concealment, I probably would overrule the motion.” Remy opened the State's argument opposing the motion for a directed verdict. Power Is Pictured Remy pictured the power claimed to be held by the alleged conspirators, and referred to Jackson's description of Coffin as “the greatest political genius in the Middlewest,” a man who could “do things no one else could do.” “There is no question of concealment. of course,” Remy asserted, “between and among Noel, Evans Jackson, Marsh. Coffin and McCray That is not needed. “But it is significant that McCray, in prison, wired his son-in-law. Evans, ‘there must be no publicity about this’ and there was no publicity about it until he was released from prison. Isn’t that evidence that the fear of injury to his parole caused concealment?” ' , The prosecutor contended “the threat doesn’t have to be, ‘you do this or we ll do that.’ ” “The threat,” he said, “need be no more than a simple request, if the request is backed with evidence of power ,and this power is known to the person approached.” Shows Klan’s Might Evidence in the case, he asserted, showed the tremendous power of the Ku-Klux Klan back of the representations made to McCray by the conspirators. He read from court decisions interpreting the statutes regarding concealment, defense attorneys and the court jotting down the references. “This must be considered in the light of McCray's condition and situation at the time,” Remy said. “Also the intent of the parties who wanted to keep this thing concealed must be considered. “They told McCray he couldn’t afford not to accept the offer, testimony showed. “They—Evans and McCray—were perturbed. A terrible calamity was impending against the highest State office. They came to the Governor and, in the guise of friendship, told him of the power the organization they represented had to control the courts.” Decision Anticipated “As I remember, Robinson told them McCray wouldn't accept and Jim Noel said McCray wouldn't,” the court remarked. “My point is that instead of fear being placed, these two men anticipated what McCray would do before the offer was made.” At this point the court was interrupted when Kivett fell back to the courtroom floor in the swivel chair m which he was sitting. He had been gazing at the ceiling in an indifferent attitude when the chair tilted just a bit too far back. He got up and took a different chair, amid lough laughter from spectators and attorneys. “There is, as I see it,” said Judge McCabe, “a total failure of the State to show the state of mind of Governor McCray. He might have revealed the alleged offense to innumerable people while at prison, so far as the evidence shows. \ Wants to Do Duty “Frankly, I have a conscientious duty to perform. I want to reflect credit upon this court and do my duty fearlessly.” Special Prosecutor Johnson replied it was for the jury to judge McCray’s state of mind and the causes contributing to it. “It would have made no difference,” he said, “if McCray and Evans had said on the stand they had no fear of anybody. It still would have remained for the jury to decide.” Johnson commented that he knew the court had high respect for Judge Oscar Montgomery, who overruled the defense motion to quash. He read from Montgomery’s opinion and declared the State had proved all allegation contained in the indictment which Montgomery upheld. Judge McCabe again professed doubt that there could have been any fear if McCray had told of the matter and that there was no evidence that he didn’t. “But I’m open to conviction,” he added, and Johnson continued his arguments. Again the court interrupted to say: “It’s my impression that McCray made a clean breast of the whole thing. “I think it is regrettable that the defense made this motion and will not now be heard, for I think the honor of the State is at stake in this matter. “If I do my duty, as I now see it Mr. Johnson, the defense will not be heard.” “The defense can withdraw the motion,” Johnson replied. “Yes, they could,” the court answered, and continued, when defense attorneys’ smiles indicated they had no such intentions and would abide by their motion. “I haven’t any doubt in my mind that it would be my duty to put aside the jury, but I am willing to go farther and see if this point can be cleared up.” Possibility of the case coming to

versity e-leven years, and assisted in the prosecution of the McNamara bomb conspiracy in California and Indiana courts. He said he had known McCray for ten years and represented him as counsel from August, 1923. until he went to prison at Atlanta. He said he had known Robert I. Marsh seven or eight years. Q—Do you know D. C. Stephenson? A—l met him twice only and never saw him any other time.

an abrupt end became apparent late Wednesday, when Judge McCabe, ruling on an objection to a question asked McCray, expressed the opinion that there had as yet been no evidence of definite positive acts of concealment. “Unless these are shown.” he said, after the jury was excused, “there can be no conviction, because concealment alone will serve to bring the alleged offense within the possibility of prosecution, under the statue of limitations.” “Did you ever tell any one?” was the question Special Prosecutor Emsley Johnson had asked McCray, referring to the alleged repeated offers of bribery made him. Defense objection resulted in Johnson's outlining his reasons for believing the question admissible. He contended that McCray's concealment of the alleged offer was effected by the three t of power of the Ku-K!ux Klan, held by the alleged conspirators. “This threat,” he argued, “was more effective than if a revolver had been held over McCray’s heart.” Ho contended further that the fear instillled in McCray kept him silent during his imprisonment, when his effort for parole might have been jeopardized by any revelations of the offer. The court interrupted Johnson to say that “silence does not constitute concealment.” Johnson asserted it was a matter for the jury to decide, after considering the evidence, and taking into consideration McCray’s circumstances and his nature. “Evidence in this case,” he said, “has shown that one person said he had ‘thrown the fear of God into McCray’s heart,’ and another that he had told McCray, ‘You keep this quiet.’ Contends Jury Can Decide “This was a niWi in great mental distress. He was silenced by definite, affirmative, positive acts. Why was he told of the power held by the alleged conspirators if not to silence him? The jury has the right to draw the inference there was concealment.” Judge McCabe reminded Johnson that it was for the court to determine what sort of evidence was to be admissible. “Suppose,” said McCabe, “that for the sake of argument, we grant there has been evidence to prove the offense was committed. You not only are required to prove facts which go to make up the crime charged, but must show positive acts of concealment.” Allows the Question After Johnson further resisted the objection, the court told him: “I will allow the question, if you wish, but I do not want you to regard it in the light of admissibility as evidence of concealment.” But Johnson withdrew the question. The jury was recalled and examination proceeded along other lines. The prosecution was faced, in view of the court’s remarks, with the problem of producing evidence supporting concealment. It was regarded probable that, upon completion of the State’s case, probably today, unless new evidence tending to prove concealment was introduced, the defense would move for dismissal, on the grounds that there has been no evidence of concealment. ' The court’s expression encouraged the belief that such a motion would have hope of success. If such motion were made and granted, the trial would be at an abrupt .end. On the other hand, it was pointed out, the court might conclude the permit the jury to judge whether the evidence supported concealment. Would Require Week With the defense having- promised to “lay open” the Governor's whole career, a week or more probably would be required to hear defense witnesses. McCray, under a heavy emotipnal strain, Wednesday afternoon told how both Fred B. Robinson, former State purchasing agent, and Jackson came to his office with the bribe offer. His testimony came as the second climax of a sensational day in court. D. C. Stephenson provided the excitement throughout the morning, with frequent brushes with defense attorneys. William P. Evans, McCray’s son-in-law, and James W. Noel, attorney for McCray, substantiated testimony of McCray and Stephenson about conferences upon the bribe offer. The State completed the bulk of its testimony against Jackson in the one day. APPROVE BOND ISSUE Athletic Club Members Plan Extensive Improvements. Plans for two additional bandball courts, a squash court, remodelling the Inn and the locker rooms and putting in anew shower room were made at the annual membership meeting of the Hoosier Athletic Club Wednesday night. Approval was voted on a proposed bond Issue for these improvements and also a proposal to reduce the membership from 1,500 to 1,000 and change the dues to $5 a month. SUE IN JANITOR DEATH Suit for SIO,OOO damages for the death of William Stevens, janitor at Day’s Casino, Emerson and Southeastern Aves., was filed in Superior Court Two, Wednesday, against the General Accident Fire and Life Insurance Company and Joseph B. and Lucille O. Day, proprietors of the casino. The suit, filed by E. Louis Moore, administrator of the estate of Stevens, alleges Stevens was f/itft fatally on Nov. 14, 1926, at the casino.

THE INDIANAPOLIS TIMES

Q—When first? A—Dec. 8, 1923, the date Evans resigned as prosecutor. On that day, Noel said. Stephenson and Marsh called on him at his jaw office between 1 and 2:30 p. m. He did not recall whether the meeting was prearranged or not. Q—When Marsh and Stephenson came in what was said? A—Marsh introduced me to Stephenson, whom I had known was called the “Old Man.” He said that he and Ste-

CHURCH PARLEY ENOS Seek to Place Education on Higher Piane. Plans to keep the church educational program on an intellectual plane equal to the students’ work in their school classes were outlined at the closing sessions cf the educational conference of Indiana Synod of the Presbyterian Church. Wednesday afternoon at Memorial Prebyterian Church. “The church’s Christian education program is designed to parallel the pi'ogram of the schools.” Frank D. Getty cf Philadelphia, Pa., director of young peoples’ work in America, told the conference. “The program is endless, because it provides material even for college students and also after they have graduated.” Other speakers at the closing session were Professor Norman E. Richardson, -Northwestern University: the Rev. Paul V. Landis, Philadelphia. Pa.: Miss Katherine Gladfelter, Newark. N. J.: Miss Mary Murphy, Ft. Wayne, Ind., and Miss Laura Bach, Elkhart, Ind. FOIL PRINCE CAROL Second Effort to Get Manifesto to Homeland Fails. By VnUcd Prem VIENNA, Feb. 16.—A second attempt of Prince Carol, whose young son is king of Rumania, to send a manifesto to his homeland has been stopped, according to advices from Bucharest, through the arrest at the border of former General Rakowica. The arrest was considered a sequel to the arrest several months ago of M. Manoilescu, former un-der-secretary of finance for Rumania, at the border. He was carrying a message from Prince Carol, who had renounced right to the throne while his father, King Ferdinand, still was alive. Manoilescu was charged with treason in conspiring \gith Prince Carol to carry letters to the prince's "mother. Queen Marie, and Bucharest newspapers. It was charged that Carol was attempting to gain the Rumanian throne or at least become a member of the regency. The former finance secretary was tried at a court-martial and said that Carol had no thought of seizing the throne. He was acquitted, SMALL PIGS SQUEAL’, CAUSE ARRESTS OF 3 Intoxication Charges Follow Auto Crash Into Parked Car. Squeals of several sitfall pigs resulted in the arrests of three men on intoxication charges Wednesday night. Fred Young. 544 S. West St., told police that he lost control of his automobile when he heard the squeals and crashed into a parked car. owned by Elmer Rhoads.. 318 N. Colorado St., in the 1000 block on W. Washington St. Young was charged with drunken driving. Everett Harvey, 212 Bright St., and Milton Scott. R. R. 43, Box 172, riding with Young, were charged with intoxication. Scott also was held on a blind tiger charge when police found liquor in his pocket. Police were undecided as what to do with seven small pigs and a sack of chickens found in the car. The youths denied they belonged to them. SUNNYSIDE CRISIS PAST AS PATIENTS RETURN Two Wells Relieve Recent Water Shortage at Sanatorium. Sunnyside Tuberculosis Sanatorium is operating again at full capacity, after ten days of service interrupted by an acute water shortage. With virtually all the 151 patients, removed to their homes Feb. 5, back at the institution, and two wells in operation, the situation is believed past its most tense stage. Meanwhile, County Engineer Henry Campbell is preparing plans for the sedimentation basin and storage tanks the county commissioners plan to construct as a measure toward permanent relief. Work probably will started by next week. Commissionei C. O. Sutton predicted. SEES BUSINESS AS GOOD Secretary of State Says “All You Have to Do Is Go After It.” Optimistic business predictions for the year were voiced by Frederick E. Schortemeier, secretary of State, at the dinner of the Old Trails Automobile Insurance Association at the Hotel Sevcrin Wednesday. The meeting celebrated the fifth birthday of the organization. ... “Business in Indiana is good; all you have to do is go after it,” Schortemeier declared. The opening address was made by Dwight S. Ritter, secretary of the company. Frank N. Daniel, vice president, was toastmaster. “Cooperation” was the subject of Charles W. Jewett, attorney for the association. Chinook Leaves Hospital By Vnitcd PrexH BOSTON, Feb. 16.—Chinook, famous sled dog, has been discharged from the Angell Memorial Hospital, where he has been receiving treatment for abscesses behind ths ear.

phenson wanted to talk to me on an important matter extremely confidential. I took them into my corner room and they sat and a conversation ensued. Marsh said little. Stephenson said he had come to talk to me as McCray's attorney and was particularly desirous that McDonald be appointed to succeed Evans. I told Stephenson I had just read in the noon edition of The ■News of Remy’s appoointment. I said. “I suppose that settled the matter.” Stephenson said no commission has been issued and although the announcement is' in the paper, it was still open. He said. “We want McDonald appointed. We've just got to have him in the interest of Jackson for we can’t elect him without Marion Ccunty.” I said I knew that McCray, after making the announcement, wouldn’t think of recalling it. I .thought it was useless to suggest anyone else. Control cf Underworld Stephenson said. “We don’t care if Remy is nominated at the primary, but we want the office during primary and election.” He said it would mean 10,000 votes for Jackson if he could control the underworld. Stephenson said, “We have SIO,OOO to turn over to McCray for attorney’s fees, if McCray will appoint McDona’d and further we will guarantee McCray will not be convicted on any charge in any court in Indiana.” I said, “That’s a large undertaking.” Stephenson said, “I know what I'm talking about. I’ve an organization in Indiana that I can call upon any time for anything. If you want to find out what any man- in Indiana is doing tonight, I can find out ior you by tomorrow morning.” Want IMcC’ray Decision He wanted me to take it up with McCray, but I said I knew exactly what McCray would say; that in the first place, Remy’s appointment was settled and in the second the Governor would enter into no bargain. That was about the gist of the conversation as I recall it now. Stephenson said, “I want McCray's decision. He's got to decide it. Mr. Remy is a good friend of the Governor's and will be willing to step aside. Remy certainly would give u prather than see his benefactor. McCray, in the penitentary for twenty years. Explained Proposition Q- Did he say anything else? A— He asked me to convey the proposition of SIO,OOO to Governor McCray and to let me know the Governor’s answer. Q —Did he call at a future date? A—He did. Monday about 9 a. m. 1 said I had told the Governor of the proposition and that he refused to entertain or to discuss it. I told him I had the answer I had prophesied I would have. Q —On the first occasion, was Marsh in the same room during the conversation? A—He was. Q —Was he with Stephenson the second time? A—l can’t remember, someone was with him. The interview was short. Q—What else was said at this Interview? A—He said Remy is a young upstart, that he was willing to se McCray go to the penitentiary, rather than give up the appointment until elected. Asked No Questions Clyde Jones took up cross-exami-nation for the defense. Q—ls it true Stephenson was at your office before noon and back at 2p. m., that same day? A—No, only once that day. Q —You fixed the time in your mind by the fact that the noon edition of the newspapers was out and you had seen Mr. Remy’s picture? A—Yes. Q—Did he show you the money? A—He did not. He used the expression, “We have the $10,000.” I asked no questions. He said in cash. Noel then testified that McCray was out of his office that afternoon and since Stephenson had asked for a conference with him i Noel) the following Monday he told McCray about it on Sunday, the next day. Q —You told McCray about this? A—Yes, but he said he did not want to discuss it at all. because Remy was to be appointed. Q —Did McCray say anything to you about Jackson making him an offer? A—No. Close Political Friends Noel testified that he did not hear of this alleged offer until three or four days before The Times printed the story. He said Gurley and Prince had called on him and related the situation. That he told them he didn’t know anything about it. Jones then brought out that McCray and Noel were close friends politically and socially prior to the McCray trial and that during the trial they were more intimate than they had been previously, Noel stated that Marsh had talked to him after the alleged bribe offer story was printed and that he told Marsh that he had not revealed it. Noel testified that Marsh had asked him to keep “that matter strictly confidential” when they had talked about it at the time the offer was first made.

Evans on Stand

William P. Evans, former county prosecutor and son-in-law of McCray, took the witness stand at 2:31 p. m., and related his version of Robinson’s and Jackson’s visit to McCray’s office in December, 1923, when they are alleged to have made the bribe offer. Evans testified he filed his notice of resignation in the Marion Criminal Court at 9 a. m., Dec. 8, 1923. He said he then went immeditely to McCray’s office at which time McCray accepted his resignation. He said he left McCray’s office, but returned later. Q— Any one come in while you were there? A—Yes. Q—Who? Fred B. Robinson. Q—What did he say to McCray? A —l can give you the substance of it. He said he had been called into a conference In the Secretary of State’s office and asked to deliver a message to McCray. He said there were representatives of a powerful organization in that office who

Wanted him to present a proposition to the Governor. He said that if the Governor would appoint McDonald to the prosecutor’s office, they would contribute SIO,OOO for attorneys’ fees and would guarantee McCray would not be convicted in Marion County or any place else. - Q —Did he say who these men were? . A—No. Q—What did McCray say? A—McCray said he could not do that. And said that he had made up his mind and furthermore he wouldn’t entertain such a thing. Promise of No Conviction Q—Who came in next. A—Ed Jackson. Q—How long after Robinson had left. A—A few minutes. Q—Did he talk to McCray. A— Yes. Q —Detail that conversation. A— Jackson said he wanted to help McCray and the proposition they were presenting would be of great help to McCray. Jackson said he came from a meeting where Coffin and a representative of an organization that had State-wide membership were present. He said it was important to them that McDonald be appointed and they would raise SIO,OOO and insure him he would not be convicted. That is the substance of the conversation. Q—What did the Governor say. A—He said he had made up his mind to appoint Remy and had let it be known. He said he would not make the appointment and Jackson said it would be a great opportunity for McCray and they wanted to help him. Jackson said it would be alright with them to support Remy in the following primary, but they needed McDonald during the campaign. McCray said he didn’t see how he could do it and maintain his self-respect. Resigned After Indictment Q —Had McCray issued the commission. A—l had no personal knowledge of it. Evans said he did not remember the exact time that Robinson and Jackson visited McCray This closed the direct examination of Evans at 2:50 p. m. Kivett cross-examined: Q —Your resignation grew out of the indictment of your father-in-law. You felt you should resign, due to this? A—l did. The majoriyt of the questions; asked by Kivett were agreed with j by the witness. It was brought out | that the McCray family learned on; Thanksgiving Day that he was to j be indicted and that then Evans decided he should resign. Q —You had been interested in a successor and had talked with Remy about the successor. A—l had. Evans explained that he-returned to McCray’s office the second time the day he resigned because he “felt the Governor was disturbed at the resignation and that I should be with him.” Didn’t See Remy Kivett questioned Evans on Robinson’s entry into the Governor’s room and Evans repeated that he heard all the conversation between Robinson and McCray. He said he did not recall having seen Remy until the following Monday when he asked Remy if he had received his commission and when Remy replied no, he said, “You'd better get it.” Questioned as to whether he had talked to Noel, Evans said not until a year after McCray’s conviction. He related that his first conversation with anyone from the prosecutor's office was with Special Prosecutor Johnson after the st6ry was published in The Times. He talked to McCray when he returned with him from the prison at Atlanta about Aug. 21, 1927. Q —Did you get in touch with McCray about this before you went to meet him? A—Yes. by telegram on the Friday before The Times published the story on Monday. Q —You knew It was about to be published? A—Gurley and Prince had told me on Friday. Q—Did you tell them anything about it? A—No .details, but in a general way, yes. Tried to Stop Story Evans said he wired McCray, “There must be no publicity on this matter.” Q—Did Prince and Gurley show you what was purported to be written statements? A—They said they had them, but didn’t tell whose they werei Prince and Gurley had told him, he said, that nothing would stop them from publishing the story. His only reason for discussing it with them was the hope he might persuade them not to publish it, he said. Q —Were you under obligation to them? A—ln a way I was. Mr. McCray was due to be released and I didn’t want the story published. Telling of his deep regard for McCray, Evans said, “I didn’t want him to die in prison.”

McCray’s Story

Former Governor Warren T. McCray took the stand shortly after 3:30 p. m. Wednesday. After answering a few minor questions, in which he gave his home as Kentland, Ind.; his age as 63; and his period of Governorship from Jan. 10, 1921, to April 30. 1924, he said he had known Jackson for about fifteen years. Q—On Dec. 8, 1923, did Evans visit your office? A—Yes. Q —What time of day was that? A—During the morning, i nortly after 9 a. m., I would say. \ Q —Did he say or do anything? A—He handed me his resignation as Marion County prosecutor. Q—Was there further conversation? A—l at first remonstrated

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C. B. OVER, Jeweler

234 Massachusetts Ave.

with him and told him not to do it. He assured me, though, that he had given the matter a lot of thought and that he should resign. He was so positive that I acquiesced. Q— Anything said about a successor? A—Yes. I asked him who should be appointed and he said Remy was the man to appoint. Evans then left my office, after I had assured him I would appoint Remy. Q—What happened then? A— Evans came back in about an hour or so. Q —Did you see Fred Robinson that morning. A —Yes, in my office. Q—Did you have a conversation with Robinson? A—Yes. Q —What was said? A—Fred came in and Evans was there. He said something about my health and I replied. He came over to my desk and said he had a proposition he wanted to lay before me. He said he came from a group of men meeting in the .Secretary of State's office and they sent him to'my office with this proposition— Q—Did he tell you who was there? A—No. Q—What else did he say? A—He said the preposition was that the group he represented was very eager to have control of the prosecutor’s office and was willing to give me SIO,OOO to pay attorneys’ fees and I wouldn't be convicted by any jury Refuses to Consider Bid Q—Anything further said by him or you? A—l made answer to it. I said “Fred, I can't think of anything like that, that's out of the question. Carry that word back to those who sent you here.” Q—After Robinson went out, did anyone else come in? A—Yes, Ed Jackson came in. Q —What did ho say? A—He repeated the OfferDefense objection was upheld and the answer stricken. Q —What did he say? A—He said he knew Fred Robinson had been in to see me. and continued: “I came to talk that proposition over with you. I feel it should be given considerable consideration. The men who made the offer are anxious that this be done and I feel you ought to do this.” Q—Did he tell you who he came from? A—l don't think he did. Q—What did you say? A—l said I couldn't do a thing like that; that I never had bartered with appointments since I became Governor. Q —Did Jackson say anything about “Cap” Coffin? A—As I recall it, he said he regarded Coffin as one of the greatest political geniuses of the Middle West and that he (Coffin) could get it done where no one else could. He said I was making a great mistake by not acceding to their request. Q —What else did Jackson say? Defense objected, but was overruled. A—After he had talked about the matter for a few moments, he asked me to see a man about the appointment. I told him I was not in the habit of going out of my office regarding any appointments, much less one that already was made. He urged me to go and said we would get a taxi. I said positively I would not go. Lived East of Statehouse Q —Did he say who this man was? A—l think he said he lived about five or six miles east. Q—Did you know where Stephenson lived? A—Yes. I had heard. Stephenson at the time was occupying a palatial residence in Irvington, five or six miles east of the Statehouse. Q —Did Jackson then leave the office? A—Yes. Q —Did you see him again that day? A—Yes. Q—How much later was that? A—l don’t know exactly, about an hour and a half or two hours, Q—That took place at the second meeting? A —He urged me to reconsider—(Defense objected to this, and McCray was asked to state what happened.) He asked me to reconsider, saying it would mean a great deal to me, that they were ready to help me, that I was making a great, mistake in refusing to listen to this deal. I told him it was out of the question, that I could do nothing of that sort. Knew His Condition McCray said Jackson told him he knew his condition and they “might as well get down to brass tacks.” Q —What did Jackson say then? A—He said, “Go into your private secretary’s office and when you return there will be SIO,OOO in one of the drawers of your desk. You’ll know where it came from and then you call Remy over and tell him you’ve changed your mind.” Jackson said he didn't like it when I had refused. I resented the whole situation. “I said ‘Ed, I am astounded that you’d make such an offer, of this kind to me. I thought you knew me better than that’.” Q —What else did you say? A—l said it looked like I was going to lose my fortune that I had worked for thirty-five years; my office is threatened and it looks like I’m going to lose my liberty, but I won’t surrender my self-respect. Would Make Powerful Friends Q —Did he say anything about the interests he represented? A—He said I’d be making powerful friends and helping myself. Q —Did he say anything about you ever mentioning this? A—l don’t recall that he did, except when he came in he told me that we were going to talk about something that was between us. Q—Did you ever tell anyone? Here defense attorneys objected, because there was nothing in the evidence to show Jackson had anything to do with the alleged concealment. The jury was dismissed and attorneys argued for more than half an

Indianapolis

_FEB. 16, 1928

hour. Finally the question was withdrawn by Johnson. He proceeded, the jury back in the box. Q—Did you ever disclose the matter to the prosecutor .of Marion County? A—No. Defense objection was overruled. State turned the witness over to the defense for crossexamination. Jones took up the questioning. Q—Do you remember the date of your conviction in Federal Court?. A—April 28, 1924. Q —That was several months after your son-in-law’s resignation? A— Yes. Q—You were in considerable financial difficulty? A—Yes. Q —Bankruptcy proceedings had been instituted against you in Federal Court? A—Yes. Q—You had been adjudged a bankrupt? A—Yes. Q—Do you recall the date? A—No. Q —Meanwhile, seven or eight indictments had been returned against you in this criminal court? A—Yes. Recalls Resignation Demand Q —Several counts were named in each? A—l don't recall. Q—During the time these indictments were returned, there was demand for your resignation as Governor. you recall that? A—Yes. Q—Do you recall a meeting in the Severin Hotel Dec. 7, 1923, where alt district committeemen of your party ’ were represented? A—Yes. Q —Did you attend. A—No. Q —Do you recall a resolution asking you to resign was voted down? A—Yes. Q—Do you recall that Clyde Walb demanded your resignation in the Star the following morning, Dec. 8. A—l don't know the date. I recall the circumstance. Not Surprised at Walb Q—Was it a surprise to you? A— I don't know that I would be surprised at anything he did. Q—Do you recall calling a conference that day. Dec. 8? McCray answered he didn't recall all who were present, after Jones named several. McCray told of having gone to the funeral of Dr. George Edenharter, superintendent of the Central Hospital for the Insane, on the afternoon of Dec. 8. 1923, the day on which he had rejected the alleged bribe offers. “Everything happened that day,” he said. He said he did not issue Remy’s commission as prosecutor that • morning, but believed Miss Bush, his secretary, might have prepared it.. He said ho was unable to tell what, persons other than Robinson, Jackson and Evans were in his office that day. He was questioned closely by Jones as to what time Robinson came in, how long he stayed, and who was there. He related Robinson's visit was about 10 a. m., that Evans was there walking the floor and that Robinson stayed only a short time. Jackson Then Came in Jackson, he said, came in within a few minutes after Robinson left and stayed probably fifteen or twenty minutes. Evans was there when Jackson came in the first time, lie said, but left before Jackson did. Q —Was there any further conversation between you and Jackson ? A—Yes, he wanted me to go with him to see a man about five or six miles out. Q—He didn’t mention Lyons? A—-I don't know Lyons. He said the next time he saw Jackson was about an hour later. He was asked if he knew the exact hour when Remy’s commission was issued and he said he did not and (hat he had not looked Into the office record to see, but “left that up to some of the trusted employes in my office.” McCray said he had a stroke in the Federal penitentiary in Dec. 1925. Describes Prison Illness Q—How did It affect yon? A—l was unconscious for about five minutes, persons who were there said. McCray said he was confined to bed for three months and later was under care of physicians'for twenty months, until discharged from the prison. He said he had high blood pressure and was forced to be under medical care. He said he saw a copy of The Times a few days after the publication came out which followed Frank J. Prince’s visit to the penitentiary. He said he refused to discuss the case with Prince. Cross-examination of McCray was completed at 4:58 p. m.

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