Indianapolis Times, Volume 47, Number 230, Indianapolis, Marion County, 4 December 1935 — Page 3

DEC. 4, 1935

SLAIN G-MAN’S CHIEF ENDS STORY OF AGENT’S KILLING; ‘STOOL PIGEON’ TAKES STAND Jury Told Barrett Boasted ‘Us Kentuckians Carry Guns and We Use ’Em’; Partner . of Dead Agent Completes Story. (Continued From Page One)

in a condition to furnish accurate information. McKee told Judge Baltzell he had read the statement to Barrett and insisted upon Barrett reading it before he signed it. Judge Baltzell examined the signatures and asked District Attorney Nolan to place other witnesses to the statement on the stand before he would rule on the admissibility. Denies Force, Threats During this skirmish Barrett pulled his wheel chair forward by the edge of the table and went into conference with his attorney. Robert H. Klett, a special agent who was present when the statement was obtained, identified his signature on the list of the foui pages and identified Barrett’s signature. He denied any force was used or threats made on Barrett. Klett said Barrett appeared to be competent. Barrett was told, Klett said, that any statement he made would be used against him. Klett then identified a second four-page statement which he said was signed by Barrett also while the gunman was in the hospital. One of the statements, Klett said, was relative to the killing of Klein and one to “numerous auto thefts.” Physicians Are Summoned Rice asked if the person who took it used the exact words of Barrett and Klett said that it was not a question and answer statement. Rice objected to the admission of the statements on the grounds that they were not Barrett’s own words. Baltzell said that he would admit the statement if the government could prove Barrett was in competent physical condition when he signed them and the court was recessed while Nolan called physician witnesses in Hamilton in an effort to get them here. After the intermission Nolan told the court he had summoned physicians and put on the stand David E. Sauer, University of Cincinnati Medical School student who said that, as junior interne, he was connected with the Hamilton hospital when Barrett was a patient there after the shooting. Q—Do you know the defendant? A—Yes, sir. Q —Where did you meet him? A—At the Hamilton Hospital. Q —Did you administer to him? A—Yes, sir. Sees Defendant Q—Did you see the defendant from time to time? A—Yes, sir. Q—Did you talk to the defendant when you greeted him? A—Yes, sir. Q —On the days in question, how | much time did you spend with the defendant? A—i was with him hourly for the : first couple of days. Nolan brought from Sauer that he had been present in Barrett’s room when the contested statements were signed by Barrett. Q —What was the condition of Barrett then as to being rational and in possession of his faculties at that time? Rice’s objection was overruled. A—Mr. Barrett was rational all the time he was in the hospital. Conference on Condition Sauer said that he had a conference with physicians and special agents on the condition of Barrett before the statements were taken. Rice cross-examined and brought out that Barrett’s was regarded as an emergency case. Rice asked whether the physician in charge of the case ever personally examined Barrett and the witness said he had. Q—Was Barrett a sick man, very low? A —No, sir. John Lawes, Hamilton (O.) restaurant operator and a friend of Barrett’s was called. Q—Do you know Barrett? A—Yes, sir. Q—How long? A—Two years. Recalls Occasion Q—Do you recall the occasion of the killing of Nelson B. Klein. A —Yes, sir. Q—On Aug. 6, were you at police headquarters at Hamilton. A—Yes. Q—-Did you get information about Barrett? A—Yes. Q —You were not a policeman? A—No. Q—Why were you there? A—Just loafing. Q—What did you do? Barrelt Wanted A—l asked the sergeant what Barrett, and he said George. He asked if I knew him and I said yes. He said the Federal men wanted him and told me to go find him. I went to a Mabel Barrett, relative of Barrett’s and told her Barrett was wanted. Q—Was the name Irvin Brockman mentioned? A—Yes. She said she would get in touch with Brockman in an effort to locate George. Lawes said he then returned to his restaurant and that Brockman came there and he asked him if Lawes wanted to see Barrett. ‘ “I told him ves.” \ Later, he said, Barrett called on the phone. Q —What did he say? A—He wanted to know if i wanted to see him. and I said yes. He said he'd be right out. After I got the call I called the police and told them Barrett would be at my place Bui Barrett did not come. Instead he sent Brockman in a car. Q—Did Brockman ask you to get In the car. A —He did. He took me out in the country and we met George. Q —Tell us what happened. A—George said “Do the police want me?” I said •No. but I think the Federal men want you.’’ He asked me to find out. Q —What aid you say? A—l told him I thought they wanted him about a car. Q—After you left Barrett did you see him again that day. A—No. Q—When you got back to your

place of business what did you do? A—l called police again and told them I had seen Barrett and I gave them the auto license number. Irvir Brockman was the next witness, if ter short cross-examination of Lawes, and he said he had known the defendant for 20 years. Q—Where were you living in September, 1930? A—l was living in Big Hill, Ky. Q—On Oct. 9. did you voluntarily call at the Federal office in Cincinnati? A—Yes. Interview With Agent Q-—Before that date, had you been interviewed by a Federal agent? A—No. Q—Did you give some information to a representative there? A—Yes. Brockman said he was at his home on the morning of the killing. Q—Did you see Mabel Barrett that day? A—Yes. Q—What did she say? A—She said John Lawes wanted to see Barrett. Q—Did you go to see Lawes? A—Yes. I asked him what he wanted and told him I’d try to get him. on the way home I met him. I told him Lawes wanted to see him. He said he didn’t care much about seeing him. Q—What happened? Barrett Called Lawes A—We went down the highway and Barrett called Lawes. Q —After the phone conversation what did Barrett say to you? A—He told me to go bring Lawes to him. The witness said he went to get Lawes and took him to Barrett and then remained about 30 feet away while the two talked. He testified Barrett, after Lawes was gone, gave him some money and told him to go to the Hamilton Hotel| pay his bill and get his baggage. Q —State when it was Barrett told you, “I’m going to change license plates because the Federal men are after me. That was what John Lawes told me.” A—He said John Lawes was mistaken about Federal men, that it was a gang from Kentucky after him. License Plates Changed Q—Who changed license plates? A—Barrett did. Q—Did you sign a statement when you made this voluntary visit to Federal agents Oct. 9. A—Yes. Nolan brought out of the witness that he had been hiding out since the killing and decided on Oct. 9, to surrender and tell agents what he knew. The witness was evasive about the Kentucky gang angle, admitting he had not told Federal agents of that. Immediately before the 4:35 adjournment yesterday, Barrett and the jury had heard from the first three persons to the scene of the shooting the statement of Barrett that he had known government agents were after him.. “Beat Him to Draw” In his opening statement, Edward Everett Rice. Hamilton. 0.. Barrett’s attorney, said the evidence would prove that Barrett had thought at the time he shot Klein that he was being pursued, not by government agents to arrest him for transporting stolen autos, but by Kentucky feudists. Paul McDonough, in whose back yard the shooting of Klein and Barrett occurred, testified that he heard the reports of the shots and, upon learning what had happened, rushed to Barrett’s side to ask: “What happened?” “I Beat Him to the Draw.” “It was a government man,” he said Barrett replied, "It was either him or me, and I beat him to the draw.” Mrs. Lethonia Forbes. Oxford, 0., 60 miles from West College Corner, who was visiting Mrs. McDonough the night of the shooting, testified she and Mrs. McDonough heard reports of the shots while they were standing in front of the McDonough home. She said they ran into the house until the shots had subsided and then peered out of the side door. They went out into the yard when they had satisfied themselves that the shooting was over, she said, and found a man she later knew as Barrett. Hurt in Legs He was lying on the ground, she said, and she approached him and asked: “Are you hurt?” “Yes, in the legs,” she testified he replied. "Who are you?” she said she asked. “George Barrett,” he replied, she testified. "Who is that over there?” she said

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WOUNDED BANDIT ON TRIAL FOR LIFE

George W. Barrett, 50-year-old defendant in a first-degree murder trial in connection with the shooting Aug. 16 of Federal Agent Nelson B. Klein at West College Corner, Ind., is an invalid now' with Federal bullet wounds in his knees and sits at his trial in a wheel chair.

she asked as she pointed to Klein’s body about 20 feet away. "A government man. I shot him,” she quoted Barrett as replying. “Why?” she said she asked. “I w r as in a little trouble and they were after me,” she said he answ'ered. Also Questioned Him Mrs. Agatha McDonough, wife of Paul, told the jury that she, also, w'as in the yard shortly after the shooting and asked Barrett if he W'as hurt. He replied he was. To a question as to the identity of the man lying, apparently dead, 20 feet away, she said he replied: “I shot him, but he shot me first. I think he’s a government man.” The government also was successful, through an eye witness, in establishing that Barrett, who w'as described in his attorney’s opening statement as a man who shot after he had fallen with government bullets in him, actually shot his revolver when he was standing up. Stood by Tree to Shoot Miss Emma Fra Murphy, neighbor of the McDonoughs, said she saw a man, in his shirt sleeves, standing by a tree and shooting. She said he shot the last shot after he had fallen to the ground. Previous to that, by an adroit finesse of the rules of evidence, United States District Attorney Val Nolan W'edged into the record a reference to Barrett’s slaying, on Sept. 2, 1930, in McKee. Ky., his heme town, of his 73-year-old mother. Federal Agent Samuel B. McKee of the Cincinnati office said he had guarded Barrett in Fort Hamilton Hospital, Hamilton, 0., shortly after the killing when Barrett was under arrest. Says Gun Was Identified To Attorney Nolan’s’ questions, Agent McKee said that Barrett had identified the gun he used to kill Klein and the tow'el with which it had been w'rapped. Attorney Nolan then turned Mr. McKee over for cross-examination. Attorney Rice questioned: Q —On the night after the killing at College Corner do you recall saying to Barrett that you had a tip his Clay County friends w'ere intending to spring him from the hospital? A—No. Q—Do you r-call that Barrett said, in reply, that he wouldn’t be surprised, but that if any one came it w'ould be his enemies, not his friends? A—No. Window Already Open Q —Do you recall offering to open the window of the hospital if Barrett wanted to commit suicide? A—There w'as something said to that effect. Q —Did you tell him in word or substance that you would do that? A—No. Q —Was suicide mentioned in connection w'ith opening the window'? A —As a matter of fact the window' already was open. At this point, Attorney Rice turned the witness over to Attorney Nolan, who told Agent McKee to tell all conversation relative to suicide he had had with Barrett that night. Rice’s Objection Overruled Attorney Rice objected and w'as overruled by Judge Baltzell, w'ho remarked that by the rules of evidence he couldn’t start something and not let it be finished. Agent McKee said: "He (Barretti said that he wanted to die. He said he wanted to jump and meet his dear little mother in heaven and explain to her why he had killed her. “He asked me if I would help him to the window and I said T would, but that I didn't think he had nerve enough to jump.” All this testimony came after a Federal witness, who was on the scene of the shooting e? iy, testified

THE INDIANAPOLIS TIMES

OFFICIAL WEATHER __United States Weather Bureau _

Sunrise 6:51 ! Sunset ...4:20 TEMPERATURE —Dec. 4. 1934 7 a. m 28 1 p. m 30 —Today—6a. m 10 10 a. m 18 < a. m 10 11 a. m 21 Ba. ra 11 12 a. m 22 0 a. n> 14 1 p. m 24 BAROMETER ~ a. m 30.62 1 p. m 30.56 Precipitation 24 hrs. ending 7 a. m... .02 Total precipitation since Jan. 1 35 91 Deficiency since Jar. 1 1.32 OTHER CITIES AT 7 A. M. Station. Weather. Bar. Temp. Amarillo, Tex Cloudy 30.48 26 Bismark, N. D Cloudy 30.26 20 Boston Cloudy 29.90 28 Chicago Clear 30.60 20 Cincinnati Cloudy 30.60 18 Denver Clear 30.26 26 Dodge City. Kas Rain 30.56 26 Helena. Mont Clear 30.34 16 Jacksonville. Fla Clear 30.36 36 Kansas City. Mo Clear 30.64 22 Little Rock, Ark Clear 30.58 32 Los Angeles Cloudy 29.92 52 Miami. Fla PtCldy 30.26 54 Minneapolis Snow 30.44 18 Mobile. Ala PtCldv 30.46 38 New Orleans Cloudy 30.46 50 New York .. Cloudy 30.06 24 Okla. City. Okla Cloudv 30.54 32 Omaha. Neb Cloudv 30.60 24 Pittsburgh Cloudv 30.42 14 Portland. Ore Clear' 30.08 36 San Antonio. Tex Rain 30.30 52 San Francisco Clear 29.90 50 St. Louis Clear 30.62 22 Tampa, Fla Clear 30.36 44 Washington. D. C Clear 30.24 39 that w'hen he asked Barrett why he had shot Agent Klein, he got this reply: “Carry Guns to Shoot” “Us Kentuckians carry guns and we carry them to shoot.” This wdtness w’as Charles B. Walke, Hamilton, 0., Butler County deputy sheriff, w'ho had been asked for assistance by Agent Klein and his companion, Agent Donald McGovern, before the shooting occurred when they W'ere contemplating the arrest. During the trial yesterday, Judge Baltzell ruled as admissable pictures taken of the dead body of Agent Klein and the scene of the shooting over strenuous defense objection. After adjournment, Mrs. Catharine I. Klein, the slain officer’s widow, examined the pictures, placed them back on the government table, and left with her three children. Chuckles Over Search At noon the 50-year-old defendant, lying on a cot in the United States marshal's office and guarded by the usual three smartly turned out Federal agents, chuckled over an episode of Monday as the trial opened. “It w'as a joke on Rice (his attorney) to get searched for a gun,” he said. Courtroom officials had seen a suspicious bulge in Rice's hip pocket and had called him into the corridor to search him to see if it was a gun.

MTLROY ELECTED TO HEAD UNIVERSAL CLUB Other Officers Named at Meeting Held Last Night. Dr. Harry K. Mcllroy is the new president of the Universal Club. Other officers elected last night at the Columbia Club are Dr. Watson E. Dea Kyne, vice president; Cecil R. Dillon, secretary-treasurer; Paul P. Baker, sergeant-at-arms, and Dr. Blan F. Deer, William F. Roepke, George J. Mess, Horace R. Riggs and Ike Riley, directors. *

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BAN HINT FOR ‘TOBACCO ROAD 1 STIRSWtOTESTS Majority of Civic Heads Take Stand Against Censorship. (Continued From Page One) ful and true to life. I don’t believe it will hurt anybody.” Rabbi Charry: "If the police chief is serious in his statement on ‘Tobacco Road,’ I am afraid he is under a complete misapprehension concerning the nature of the play. “Any minister who sees any vulgarity or obscenity in ‘Tobacco Road’ really should go out and see life as it really is. The play concerns the basic social problems confronting the United States and w'e must face the realities of our existence. “If this city closes the doors on Mr. Caldw'ell’s story. I fear that Indianapolis may become the laughing stock of the country from a cultural viewpoint. Our heritage of culture and artistic liberality is so high I can not conceive any such step. “Why, the next thing w'e’ll be doing is ordering Erskin Caldwell’s books taken out of the library.” “Indianapolis Needs It”

Dr. Johnson: “From all the press reports of ‘Tobacco Road’ that I have seen, it is the kind of a play that Indianapolis needs. Censorship, considered from a moral standpoint, certainly could not be applied in this instance because immoral pictures have been shown in Indianapolis for years, with no protests being raised.” “It is not the immorality of social relationships that matters so much as the immorality of our w’hole social structure. If this show can throw light on this social sore then Indianapolis needs the light.” Dr. Evans: “The police censorship is the only fair method of treating a play that comes to Indianapolis with the reputation of ‘Tobacco Road.’ ” Mrs. Jameson: “Although I have not seen the play, anything that is not of the finest quality should be barred from Indianapolis.” Mr. Garrison: “If a policeman sees something indecent, he ought to do his duty. I believe a policeman is a competent judge of obscenity in art.” Mrs. Daggett: “I saw the play in New York, with the original cast. While it was wonderfully acted, I just don’t see the reason for putting it on the stage. I don’t blush v ery easily, but I will have to admit that I felt very uncomfortable during the play. I wouldn’t be surprised if the police feel the same way. “They will see the w'orst of it, as the average person will who goes to sde it, and there is plenty to be seen. I do not believe the police are capable of judging it, for it takes a person very highly sensitized to technique to see anything but the obscenity, which is prominent.” Suggests Theater Critics Mrs. Hirschmann: “I shouldn’t think police would be capable of criticizing such a play. I would suggest, rather, newspaper dramatic critics and clubw'omen. I have not seen the play, but have read discussions of it. I have a friend who has read the book, and sees nothing wrong in it. The police might be competent to judge a burlesque show, but they probably would enjoy that.” Mrs. Robinson: “I do not approve of obscenity being paraded across the stage. There are too many beautiful things about which to write. I hate to think of a group of children filling up the balconies for something which they are too young to see. I feel that “Tobacco Road” is better in a book than in a play because intelligent people can pick up a book and put it down if it offends them. “However, I do not feel that the police should be the judges, but experienced representatives of the theater, and civic leaders, should be approached. People Need the Facts Mrs. C. W. Foltz: “Why send only men to pass upon the play? Why not women, too? Police matrons, perhaps, when I read of the closing of the show in Detroit I wondered about it. Don’t they want people to know the facts? Is there a class that doesn’t w r ant the other class to know what is going on? The sooner such conditions are exposed, the faster we will progress.” Nadia Deem: “The outspoken expression of the characters probably is natural to them and any one acquainted with their mode of living. To the average theatergoer their language might be offensive and obscene, i think that in most cities the police are delegated to judge on a play's morality, but it would be better to have a cultured group pass on it, which would be able to judge what is a true picture of conditions and what is obscene or profane.”

RAY INSPECTS BONES FOUND IN GRAVEL PIT

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Sheriff Ray (above) looks over human bones found southwest of Indianapolis, which have been turned over to the Children’s Museum. Dr. Arthur Carr, Children’s Museum curator, today took custody of the bones, believed to be those of an Indian, thus solving

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the problem of disposition for Sheriff Ray. The collection, consisting of human bones, a skull, an old clay pipe and several ancient heads, were uncovered yesterday by county employes while digging in a gravel pit near Shannon's Lake,

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FARMERS HEAR NEW TAX PLAN Lewis Taylor Addresses 150 at Shelbyville on Bureau Platform. Time * Special SHELBYVILLE. Ind., Dec. 4 Addressing 150 farmers in a meeting here. Lewis Taylor. Indiana Farm Bureau president, last night advocated radical changes in Indiana s tax strumire if the General Assembly should be called into special session. The Farm Bureau platform, as outlined by Mr. Taylor, calls for complete support of the public school systems of the state by the state itself with no local property taxes for this purpose. Other made by Mr. Taylor are: Elimination of the “emergency” clause from the SI and $1.50 tax limit law. Doubling of the intangibles tax. Increasing of taxes on intoxicants as high as possible without encouraging bootlegging. Enactment of a net or graduated scale income tax. An increase of the present gross income tax. Allen Heads Finance Group P. E. Allen. Terre Haute, was reelected president of the Hoosier Association of Finance Companies at the closing session of the annual convention in the Lincoln Hotel.