Indianapolis Times, Volume 45, Number 264, Indianapolis, Marion County, 15 March 1934 — Page 1

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LINDBERGH TO 1 TESTIFY IN AIR MAIL INQUIRY Colonel Refuses Aviation Study Post: Accepts Postal Offer. DERN •REGRETS' MOVE •Misconception of Purposes’ Blamed by War Chief for Action. fiU r piled Per** WASHINGTON. March 15. j Colonel Charles A. Lindbergh today | accepted the invitation of the sen-j ate postoffice committee to testify in hs hearings on permanent air mail legislation. He will appear before the committee tomorrow. j Colonel Lindberg telegraphed his j acceptance to committee chairman ; Kenneth McKellar Dem.. Tenn*., | shortly after he had declined an j invitation to serve on a war depart- ' mt nt aviation board of inquiry and lv<d again criticised the administration s cancellation of air mail contracts. Lindbergh's telegram to McKellar merely stated: Will be glad to appear Friday." The committee also will hear other famous fliers, including Clarence Chamberlin, trans-Atlantic aviator, Eddie Rickenbacker. and Bncadicr-BGeneral William Mitchell. one-time army air corps chief. Wright Also Declines War Secretary George Dem, ; meantime, prepared to appoint other civilians to replace Lindbergh and Orville Wright on the army horad which is to survey all air corps operations phases in connection with administration plans for unification of edcral aviation. Mr. Wright declined to serve because o ill health. Colonel Lindbergh rpfused the post last night in a telegram in which he again criticised cancellation of air mail contracts as a blow to aviation. Secretary Dorn's consideration of other names indicated he had no hope that Colonel Lindbergh would reverse his decision. Jimmy Doolittle, former army ace. was among those discussed for the air board. Telegraphs His Refusal Colonel Lindbergh telegraphed Gforge H Dern. secretary of war, j his refusal to serve on a committee of inquiry on aviation matters. The i committee's findings are expected 1o be part of the ground work of ’’resident Roosevelt's endeavor to unify American land aviation under a single directing agency. Lindbergh said: • 1 do not feel that I ran serve on a committee who c e function is to assist following out an executive order to the army to take over the commercial air mail sys’em of the United States." Regret at the flier’s attitude was expressed by Mr. Dern. who elamed it on a misconception of the purposes of the committee on which I asked you to serve. H p said ihe army's air mail experience was only incidental to a broad . tudy if army rt forces and their relation to national defense. It was Lindbergh's second biush with the administration over the hotly disputed air mail situation. Given to Press First Previously lie criticised the cancellation of private mail contracts in a telegram to President Roosevelt. The action drew criticism in turn from the White House secretariat which pointed out the telegram were released for publication before it had been delivered to the President. In the case of the telegram addressed to Mr. Dern last night the secretary of war received his first word of it from the United Press j after the message was released to the press in New York by Colonel Henry Breckinridge. Colonel Lindbergh's legal advisor. The administration plans for rent ganization of the land air systems proceeded rapidly. A <10.000.000 fund with which it was believed that the President would finance the reorganization and unification of the air services was voted by the senate late yesterday in approving the war department supply bill. The fund was inserted in the measure at the last moment at th p special request of President Roosevelt. who told Senator Royal S. Copeland <Dem.. N. YA in a letter that the sum was needed for improvement. development and augmentation of military air personnel. REPORT PROGRESSION STOCK MARKET BILL Morganthau Says Roosevelt Wants Passable Measure. /?'/ I H’tfd Pres* WASHINGTON. March 15.—The administration us making “real progress" in redrafting a stock market regulation bill. Treasury Secretary Henry Morganthau Jr., said today. President Roosevelt, he said, had requested framing a bill that could be passed at the present session. Another meeting of congressional committees with treasury and federal reserve board officials was scheduled for this afternoon. HOUSE GROUP ORDERS ILLINOIS VOTE CHECK Committee Directs Recount of Brit-ten-Andrews Contest. Bu t nit'd Pr> at WASHINGTON, March 15. House elections committee No. 1 today ordered a recount in the Brit- j ten-Me Andrews contest for the i Ninth Illinois congressional seal. ■

The Indianapolis " tines W! 60 OU MIT Probably unsettled and slightly warmer tonight, with lowest temperature about 34 ; tomorrow fair and somewhat colder.

VOLUME 45—NUMBER 264* *

MAGNATE VANISHES

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Samuel Insull INSULL EVADES GREEK POLICE Fugitive Magnate Reported Aboard Ship After Disappearance. By I nitrd Pres* ATHENS, Greece. March 15. .Samuel Insull disappeared under the noses of the Greek police today when they sought to arrest him for deportation. The director of police said Insull either had escaped or gone into hiding to avoid being deported. It was reported in police circles that Insult was aboard a sailing ship, outside Greek waters. Thp disappearance was a startling turn in TnsuH's desperate fight to escape deportation to the United Sta’cs. where he faces charges in connection with collapse of his vast utility interests. The insull drama, rapidly approaching a climax w-here Insull cither had to take the Orient Express across Europe voluntarily or be ejected forcibly, was heightened when police surrounded his hotel apartments. Twenty officers, headed by the director, invaded his quarters and found their quarry gone. The hall porter and three other servants were arrested for questioning. A wide search was started for Insull. He had defied the orders of the Greek government to leave by tonight's train at 7 o'clock. He stubbornly insisted that he was too ill to move from the bf'd where two women, his wife and a woman friend, hovered over him. The newspaper Acropolis said Insull had completed arrangements with an underworld gang dealing in Clandestine travelers, which would transfer him from Athens into the Greek countryside where he could not be found for arrest and deportation. 15 OFFER BLOOD TO SAVE WOMAN'S LIFE Statehouse Workers Aid Telephone Operator. Fifteen engineers on the statehouse staff of the public service commission volunteered their blood last night to save the life of Miss Margaret Swift, telephone operator in the department. Miss Swift, who with her black hair and large brown eyes is ranked as one of the statehouse beauties, was stricken with an acute diabetic attack at her work yesterday afternoon. When it was learned that a transfusion was necessary volunteers were called for and from the fifteen engineers Edward M. Denbo was selected. Having given a pint of blood last night, he was back at the office this morning and Miss Swift reported improved. WOMAN SURRENDERS ON KIDNAPING CHARGE Mn. Nellie Mueneh Accused of Abducting gt. Louis Doctor. Bu I nitrd Pro* CLAYTON. Mo.. March 15.—Mrs. Neliie Mueneh. wife of a physician and widely known in high school circles here, today surrendered to St. Louis county authorities on an indictment charging her with the kidnaping of Dr. Isaac Dec Kelley, socially prominent nose and throat specialist. The hearing on her bond application lasted only a few minutes and Mrs. Mueneh was ordered released on $50,000 bond.

All Is Calm A round Lima’s Jail—Until Emboldened Reporter Starts Across the Street—The Only Conclusion Is That Those Soldiers Really Mean Business

BY BASIL GALLAGHER Times Staff Writer T IMA. 0., March 15.—The hush of early morning de- j scends on this nervous community , today without a single purported 1 threat from John Dillinger that ' he was 6n his way to kill authorities and release his henchman. Emboldened by this halcyon atmosphere. the reporter decided to take a walk early this morning to inspect the jail, where Harry j Pierpont. Charles Maklev and Russell Clark, late of the "terror mob.” are held, or rather barricaded. behind defenses unrivaled even in war times. All was still as death around tha rococo pile which is the court- ,

JOHN SIMPSON, 1 FAMOUS FARM LEADER, DIES Long-Time Chief of Agriculture Is Stricken While in Washington. NOTED AS ORGANIZER Fought Side by Side With Milo Reno for New Agrarian Setup. | By T nitfd Prr** WASHINGTON, March 15.—President John A. Simpson of the National Farmers’ Union died early today, a few hours after suffering a critical heart attack. Mr. Simpson, long one of the nation's foremost agricultural leaders, was 60. He died at Emergency hospital, not long after he had appeared before the senate finance committee in connection with legislation which would tax imported vegetable oils. Mr. Simpson's home is at Oklahoma City. His wife and daughter, who were here with him, were at his bedside when he died. John A. Simpson w’as one of the most vigorous of the present day leaders of farm factions. As president of the National Farmers’ Union', he was an untiring j organizer and champion of legislative programs which he believed would aid agriculture sorely beset by the general business depression. His real goal, he once explained. ! was to rearrange the nation’s eco- j nomic structure to insure an equita-j ble distribution of national income j at the close of each year. A per- i sistent critic of national farm administrations, Mr. Simpson traveled j from coast to coast preaching the doctrine of organization to farmers. | Organizing farmers’ union chap- ' ters, he said, was only a hobby. He i was pre-eminently successful in this | pursuit. His appeals to disorganized agriculture were sensational in tone, j With Milo Reno, head of national j farm holiday groups, Simpson j preached a doctrine of revolt against the established economic j order. His ancestors fought in the ! American revolution and he seldom] made a speech without referring to ] the declaration of independence' which he considered the most revolutionary of documents. SEEK WOMAN IN POISON DEATH OF PHYSICIAN j Young New Orleans Physician Found Dead in Hotel. 1 ; B<J t nitfd Prr** NEW ORLEANS. March 15.—A woman was hunted by police today in connection with the poison death of Dr. Edward McCormac. socially prominent young New Orleans phy- ! sirian. Police revealed that an unidentified woman telephoned from Dr. , ! McCormac’s room in the Bienville i i hotel to a neighborhood drug store 5 for some sleeping powders two days i j before he was found dead in his 1 ] room. NEBRASKA WARNED TO DROP HYDRO DISPUTE Aid Will Be Denied if Controversy Continues, Says lokes. I By United Pretnt WASHINGTON. March 15.—Immediate settlement of differences i which threaten to block two big 1 hydroelectric power projects in Nebraska, was demanded today by j public works adminisirator Harold , L.Mckes from Governor Charles W. \ Bryan. Not only did Mr. Ickes threaten j to rescind allotments to the Loup j river and Sutherland projects, but I to “stop study of all other Nebraska j power or irrigation projects," if the Governor refuses to alter his stand. Times Index rage ; Berg Cartoon 16 : Bridge , 23 i Broun 15 ; Classified 20. 21 I Comics 23 ; Crossword Puzzle 23 j Curious World 23 j Editorial 16 Financial 22 Hickman. Theaters 15 Life of Our Lord 15 Pegler 15 Radio 12 School News 20 | Sports 18. State News 5 j Woman's Pages 8.9 .

house. The huge illuminated clock in the tower shortly before had struck midnight. High in the heavens a few stars strove feebly to pierce the blackness. But the sheriff's house, n m! hrtflr bwilding with a mansard roof, was well lighted and appeared almcet hospitable in still darkness. The reporter started across the street. As he stood gazing at the building, which adjoins the courthouse and the jail, the shrill blast of a whistle pierced the air. It sounded so close and loud that the reporter at first thought it a shrill scream. He stopped dead in his tracks. • Hey. fella, where the hell d've think you're going?” Avery military young national

INDIANAPOLIS, THURSDAY, MARCH 15, 1934,

READY TO QUIT

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James A. Farley FARLEY READY TO QUIT POST Seeking New National Head for Democratic Party, He Admits. By United Pic** WASHINGTON. March 15.—Post-master-General James A. Farley will remain New’ York state Democratic committee chairman until September, but he is ready to resign the national committee chairmanship as soon as a successor can be found, it w’as learned today. Mr. Farley believes the present uncertain position of the Democratic party in New York requires that he remain in charge of the state organization until September v/hen his chairmanship automatically expires. He does not intend to seek re-election. The national committee chairmanship has been open to the first suitable successor since tw’o months ago when President Roosevelt, moved to separate party officials from federal office. BROKER INDICTED IN WOMAN'S SLAYING Rich New Yorker Is Accused in Divorcee’s Death. By i nitfd Pre** NEW YORK. March 15.—After hearing half a dozen witnesses, the county grand jury today returned an indictment, charging Arthur W. Morse, investment broker, w’ith the first degree murder of Mrs. Edna Field Leavett. 26. a divorcee, found fatally beaten in his Greenwich Village apartment. Morse, w’ho is held in Tombs prison without bail, woll be arraigned to plead to the indictment of General Sessions court tomorrow. HOUSE WAR PROBERS ARE READY TO REPORT Chairman Rogers Seeks Conference W’ith Roosevelt. By United Prr** WASHINGTON. March 15. Chairman William N. Rogers, (Dem., N. H.), of the house subcommittee investigating w’ar department profcurement methods decided to seek a conference with President Roosevelt today on disclosures of the inquiry. Ke refused to reveal w’hat specific disclosures he would call to the President's attention. CANADA POLICE JOIN SEARCH FOR DILLINGER U. S. Circular Requests Gangster Be Arrested on Sight. But nited Pre** HAMILTON. Ontario. March 15. Hamilton police were on the lookout today for John Dillinger. fugitive outlaw, following receipt of a bulletin from the United States department of justice at Washington, asking that, he be arrested on sight.' It w’as understood here that police departments in other Canadian cities, especially these along the international boundary had also been asked to keep a sharp lookout for the gangster. Hourly Temperatures 6 a. m 28 10 a. m 36 7a. m 28 11 a. m 38 Ba. m 30 12 (noon).. 41 9 a. m 33 1 p. m 45

guardsman was talking. Suddenly, soldiers appeared from all directions. Two popped out from behind an archway in the front of the jail; another walked menacingly from a doorway across the street from the courthouse. m a a WITH fingers that were all thumbs, the newspaperman showed his credentials. Each paper, even the one which stated “we have been very patient with you in this matter." was scrutinized carefully. A police badge was ineffective. “Aw, shucks, anybody can get one of them made,” offered a very young national guardsman. It seemed hopeless, but suddenly the soldier who reading

IRATE FATHER LEADS RAID IN CIGARET SALES Parent Calls Police After Son Makes Purchase at Drug Store. PHARMACY CLERK HELD Selling of Tobacco to Shortridge Students Charged; Probe Started. A father, who objected to his son smoking cigarets. turned sleuth toj day and beat the police raiding ] .squad in making a probe of phar- | macies near Shortridge high school I and their alleged sale of cigarets to i minors. I Charles Lyons, 26. of 3943 Scutn- ■ eastern avenue, is out on a SIOO bond in connection with the charge of selling cigarets to minors. The arrest occurred in the Chap- : lin pharmacy at 39 East Thirt.v----1 fourth street, where Lyons is a clerk. It w’as made upon information supplied by J. H. McDuffee. vicepresident of the Prest-O-Lite Storage Battery Corporation and an affidavit signed by his son. Dick McDuffee. 17. a Shortridge student. The MoDuffees live at 720 East Maple road. Mr. McDuffee told Sergeant Edwin Kruse, w’ho made the arrest, that he had warned pharmacy employes not to sell cigarets to his bov. “They just laughed at me.” Sergeant Kruse said Mr. McDuffee told him. Today Mr. McDuffee turned "Sherlock Holmes" and watched as his son purchased a package of cigarets. He called police and the arrest of Lyons followed. Sergeant Kruse said that, for the last four days his raiding squad had been assembling information on shops and stores surrounding the high school regarding the sale of cigarets to minors. School authorities 'requested the probe, police said.

SHERIFF HOLLEY TO TELL HER STORY OF DILLINGER'S ESCAPE

By l n ited Press CROWN POINT, Ind.. March 15. —Sheriff Lillian Holley, from whose, jail John Dillinger. public enemy No. 1, walked to freedom, was expected today to describe for a grand jury of neighbors the precautions she took to prevent the escape. The grand jury visited the Lake county jail yesterday and retraced the course Dillinger took from his cell to the jail corridors and warden's office, where he obtaintd two machine guns. Lew Baker, warden at the jail, described the jail walkout. In addition to Sheriff Holley, tnirty others were on the jury’s list of witnesses. They were expected to reveal how Dillinger forced jail guards into the cells and locked them in so securely that they could not be released for more than an hour. 3 ENTER RACES FOR CONGRESSIONAL POSTS Robert F. Murray, Muncie. today filed as a candidate for the Republican nomination for Tenth district congressman. Floyd I. Young, Vincennes, filed to oppose Congressman Arthur Greenwood, Washington, as the Democratic nominee from the Seventh district. Richard D. Stewart. 1105 North Shannon street, filed for the Democrat nomination for state representative from Marion county, FIFTY KNOWN DEAD IN AUSTRALIAN STORM 500-Mile Area of Continent Hit by Terrific Cyclone. By United Prr** BRISBANE. Australia. March 15. A storm described as of appalling character swept the northeastern Australian coast today. Fifty men. crews of three coastal ships, were known dead. Ten persons were known to be missing. Many small eraft along the coast were unreported. The storm, said in dispatches to be of cyclonic nature, was asserted to be the worst in the history of northern Queensland. It struck over a 500-mne area between Cape York, at the northern tip of the east, coast, and Cairns, 850 miles north of Brisbane.

the reporter's mail appeared satis- j fied. Grudgingly he said, “Aw, I j guess he's okay.” As the reporter nervously ! lighted a cigaret with a poor attempt at nonchalance, one of the soldiers explained the military precautions that have been taken i to guard the “terror mobsters." He pointed to four beacons placed on the roofs of buildings surrounding the jail, capable of ; lighting an area for several blocks around the courthouse. Near each beacon, it was hinted, is a machine gunner stationed on the spot, night and day. East of the jail, an eight-foot board fence has been erected to block an alley j leading past the prison. At the west and south, breastworks in the | form of metal barrels, piled four <

DEFIES NRA BOARD

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W. S. Knudsen LABOR BOARD IS CHALLENGED General Motors Refuses to Accept ‘Order* to Bargain With Unions. By I nitrd Press WASHINGTON, March 15.—The General Motors Corporation today challenged the national labor board's authority to compel it to bargain with unions w?hich have threatened serious strikes in the automobile industry. W. s. Knudsen. executive vicepresident, presented the corporation’s view’s in hearings called in an effort to avert labor troubles. President, William Green of the American Federation of Labor at, the same time said the dispute threatened to become “one of the greatest strikes in American history.” Mr. Knudsen charged the unions had made no attempt to negotiate and hence had no standing before the* labor board. He declared General Motors could not “make any commitment or accept any obligation" to hold new elections of its workers. Labor leaders earlier had accused the Buick. Hudson and Fisher Body Companies with establishing and dominating company unions in violation of the automobile code. Mr. Knudsen answ’ered demands of A. F. of L. unions for increased w’ages by stating that hourly wage rates are as high as in 1929 and average weekly earnings only slightly less. He said wages can not be raised without increasing prices. Nevertheless, he said. General Motors has decided to join with the National Automobile Chamber of Commerce plan to reduce hours in all plants from 40 to 36 a week by March 31 and to raise hourly w’ages correspondingly. FIRST LADY IN HAITI ON RETURN FLIGHT Arrives Safely After Storm Causes Delay. By United Prrss PORT AU PRINCE. Haiti. March 15.—Mrs. Franklin D. Roosevelt, en route home from her tour of Puerto Rico, arrived here in the plane Caribbean Clipper at 12:55 p. m. She w’ill spend the night in Port au Prince,, The Roosevelt party w r as delayed for a short time in Santo Domingo when a storm over Haiti forced the plane to turn back after taking off from San Pedro de Macoris. DESPONDENT SCHOOL BOY, 10, KILLS SELF Failure to Gain Role in Play Blamed for Hoosier Tragedy. By l nitfd Prr** VINCENNES. Ind.. March 15. Grief-.stricken over failure to obtain a coveted role in a school class play, John (Jackie* McCausland. 10-year-old son of Frank McCausland, local contractor, committed suicide at his home here today. Jackie shot himself through the head while in his bedroom preparing for school. He had been told by his teacher yesterday that, his deportment in school w’as such that he could not take part in the plav. Spalding Sued for Divorce By t nitfd Prr** RENO, Nev.. March 15.—Divorce from H. Boardman Spalmng. son of J. Walter Spalding, board chairman of A. G. Spalding Bros., sporting goods manufacturers, w’as asked today by Mrs. Geraldine W. Spalding of New York City. She charged desertion.

feet high, block entrance to the jail proper. a a t \ WIRE stretches along the A. front of the jail. No one is admitted to the courthouse without a military pass. In fact, as one local jokester put it, “if Dillinger can get ’em out of this stir, he can do a Houdini in vaudeville.” But the situation is not without its amusing aspects. With gusto, it is related that the police in their vigilance to stop Mary Kinder and other alleged "gun molls” from entering town, arrested two women, said to be from Ft. Wayne, on vagrancy charges. The girls told a hard luck story and the cops down and gave

Ent*>r p <l a Second-Class Manor *t Postoffice. Indianapolis, Ind.

SHOUT BY MAKLEY DISRUPTS TRIAL IN LIMA COURTROOM ‘lt Looks Like Harry Pierpont Is on Trial Instead of Me,’ He Cries During Testimony of Tucson Officer. GUARDS DRAW AROUND PRISONER Shouse Refuses to Testify Against Pal, Word From Indiana State Prison Indicates; Evidence Goes On. BY BASIL GALLAGHER Times Staff Writer LIMA, ().. March 15. —Bedlam broke out in the trial i o f Charles Makley, Indiana terror mobster, today when he shouted at the jury in indignant tones, ‘‘lt looks like Harry Pierpont is on trial instead of me.” Making an unconventional plea to the jury, Makley ! hurled his accusation as Police Captain Jay Smith of Tucson testified how the gun which killed Sheriff Jess Sarber was Oaken from Pierpont in Arizona. Red-faced, the mobster leaped to his feet as necks of the audience craned and some in the crowded courtroom got to their feet.

4 HURT IN BYRD PLANE CRACKUP One of Expedition’s Ships Falls 500 Yards South of Camp, Bu T nitfd Pro* LITTLE AMERICA. Antarctica. March 14 (Delayed) (Via Mackay Radio).—The Blue Blade, one. of the four planes of the Byrd Antarctic ; expedition, crashed today 500 yards south of the Little. America camp. None of the crew was killed. ! but Lieutenant-Commander Isaac i Schlossback, United States navy, retired, and three passengers were shaken up and suffered slight cuts. The plane was completely wrecked. In the cabin when the singleengined Fokker hit the ground were Arthur A. Zuhn of Mt, Pleasant., la.: Fred T . Dustin of Revere. Mass., and Harry M. Young of New Zealand. STATE MAN TO AID G. 0. P. TREASURER Burrell Wright Named Assistant to National Offieial. Burrell Wright, treasurer of 'be Republican state committee, has been named assistant, to George F. Getz. Chicago, treasurer of the national Republican committee, it was announced today. He will continue his state office, | also, it was said. Announcement of Mr. Wright’s appointment came from Miss Dorothy Cunningham. Martinsville, national committeewoman. and George A. Ball, Muncie. national committeeman from Indiana. YALE’S NOTED MASCOT REPORTED KIDNAPED Handsome Dan II Disappears From University Field house. | By t nitrd Prr** NEW HAVEN, Conn.. March 15. Handsome Dan 11. Yale's famous j bulldog mascot, has been "kid- | naped,” it was announced today at | the university athletic office He disappeared from Ray Tompkins Memorial fieldhouse shortly after 11 p. m. yesterday, police were | told. $165 IS COLLECTEO FOR BEREAVED FATHER i Statehouse Democrats Give Sum to Victim of Fire. Statehouse Democrats today collected more than $165 to present, to Ernest Finch, whose wife and three children died when his home at 1005 i South Roena street burned Tuesday i while he was at work in a foundry. R. R. Williamson of the automobile license department headed the collection committee. Others were Louis Koerner. G. K. Hewitt, E. C. 1 Early and Vestal Davis.

[ them each a dollar. An hour later, . the same pair were arrested for ! shoplifting. Local gossips also relate that Sheriff Don Sarber, who menacingly swung a machine gun in court while Pierpont was on the stand, almost blew a finger off while toying with a much smaller firearm in his home. Charles Makley, Dillinger gafcg- • ster. also complained of the pre- ] cautions. “Gee.” he ruminated, “it's getI iin' so a guy can't even shave. ( Yesterday I told the jailer I warned to shave. Just as I was about to scrape mv face. I looked up and saw a big machine gun leveled at me. Now how can you kepp from cutting your ear off under these circumstance?’’

HOME EDITION PRICE TWO CENTS Outside Marion County, 3 Cents

I The (rial judge rapped his travel and sternly ordered j Makley to sit down. r The buzzing courtroom spectator*, | enthralled by the sensational outbreak. resumed their chairs in a | hum of w hispers. Makley's guards drew closer to I him as he ended his tirade. The verbal charge that Pierpont was on trial more than he, was made by the mobster shortly before the noon adjournment. Court re-opened at 1 p. m. with i the prosecution announcing that Ed Shouse. one of the Dillinger i gang and now' a convict in the Indiana state, prison, would not tesj tify against Makley. Refuses to Testify Shouse refused to testify against. Makley. according to advices received from the Indiana prison. The parents of Harry Pierpont and five witnesses to yie holdup ol | the First National bank at St. Mary's. 0., were to be witnesses at i this afternoon’s session. An appeal t.o the Ohio supreme court and possibly to the highest ; tribunal in the nation— the supreme court of the United States—• will be made by Miss Levy, Indianj apclis attorney, in an effort, to free I the three Indiana -terror mobsters” j held here charged wdth the murder ; of Sheriff Sarber. Comparing the trials of Pierpont, | Makley and Russell Clark to the Scoi.fsboro case. Miss Levy asserted ; that -more prejudice has been in- , cited against my clients here than against the defendants in the celebrated Alabama trial. S "If the prisoners are all convict--1 cd here,” said Miss Levy, “I shall appeal to the state supreme court for writ, of error and to the United States supreme, court on the charges ; that the constitutional rights of the defendants have been violated.” “Time and again,” the Indianapj olis attorney asserted. “I have told i the court, that the presence of firearms in the courtroom, openly displayed and the military guard* have searched all persons in sight. : of the jurors have been prejudicial ! to the defense.” Alibi to Be Presented Makley will base his defense on an alibi that he was in St. Mary>, O , at the home of his half-brother Fred, at the time Sheriff Sarber was killed. Yesterday Clarence Miller of defense counsel told the jury that Makley rode up from Cincinnati to St. Mary's on Oct. 11 and stayed I constantly at his brother’s home until Oct. 13. The defense will parade perhaps a score of witnesses, many of whom testified in the trial of Pierpont,, in the attempt by the state to prove that Makley is as guilty as Pierpont of the actual murder. E. M. Botkin, prosecutor, will attempt, to show, it was indicated, that, the blows on the sheriff's head alleged to have been struck by Makley might have been the cause of the sheriff's death, or contributed to his demise. First witness was Deputy Sheriff Wilbur Sharp, who was a witness to the slaying of Sheriff Sarber Oct. 12. He identified Makley as the man who struck the sheriff on the head with the butt of a revolver, as the sheriff raised on an elbow' after being shot by pierpont. During the testimony, Makley looked directly at, officer Sharp and scowled. Mr. Sharp said that he was playing with a dog in the sheriff's office, while Sheriff Sarber sat at his desk, working a crossword puzzle. Mrs. Sarber was present. Three men, later identified as Pierpont, Makley and Harry Copeland, entered, the witness said, and said they were officers from Michigan City. When asked for credentials. .Mr. Sharp said. Pierpont drew a weapon and said: “H* -e are our credentials.” After shooting the sheriff, the mobsters obtained the jail keys from Mrs. Sarber and forced Mr. Sharp to unlock the door to Dil- ! lingers cell, it was testified. Garb Is Described Sharp testified how he appealed to Copeland, one of the Dillinger gang, not to beat up the sheriff as he lay on the floor of the jail. He described Makley’s garb on the day of the delivery and how f his gun was discharged accidentally during the excitement of the jailbreak. The sheriff’s bloodstained pajamas and overcoat were introduced by the i proscution over objections of Miss i Jessie Levy. Makley's attorney, and ' shown to Sharp, j j