Indianapolis Times, Indianapolis, Marion County, 25 February 1942 — Page 10

assassinate Barpn Franz von Pa-

' the German:

Nazi Letterheads Reported Found on: ms of

“Man Blown to Bits. ANKARA, Feb, 25 (U, P.)~Pri-

vate informants said’ today that po-|

lice had found several . German embassy letterhpads on fragments of ‘a man who was blown to bits yesterday in an alleged attempt to

pen, German ambassador. (Police expr: belief that the man who was killed was the bomber, acording a Turkish official news agency col nsocean service.) It was indicated that the Axis nations already were trying to ex-| ploit the apparent assassination at-|2 tempt and to: blame it on British secret agents. German and talian quarters drew comparisons bi

rage at Tangier, which they alleged was of British , and said that the British wer trying to kill von Papen. Ap nt Damaged It was poin out, however, that an apartment house in which lived Geoffrey Thompson, counselor of the British embassy, and a British army colonel named Staimer, as well as Takeo Konosita, first secretary of the Japanese embassy, was dam-

(In the Tangier bombing some Britons were ¢asualties and reports had indicated | that they might have been the targe ts.) The genera belief was that the bomber was man who was killed, but stories l witnesses left the possibility t| it might have been wn by another passerby or might even have been planted. Some witnesses said [they saw a woman running | away after the explosion. Von Papen and his wife were knocked out by the blast 55 feet {I

Borrow $75 1095,000 + 6 1018 months fo poy 6 weeks fo make 1st payment. 1 » $6 $100 . Cost » on ar of oo, which . only one .per cent per month an unpaid balances.

da Mattingly

unique quoted. by 2

(Continued from Page One)

is running around with his secretary?’ ” . ‘ Mrs. Payne, Mr. Conley said, ‘Te=ferred to Lurayne Oberholtzer 'Witchens, | who ‘later married Mr. land bore his child six months his death. .

Didnt Look at Women

“I- told: her,” Mr. Conley testifled, ‘that she was being ridiculous. So far as I knew, Mr. Mattingly never so much as looked at women the commission offices.”

ds and knees, gazing throligh ventilating grill in the lowof Mr. Mattingly’s office

, Was yelling in a loud oi

evubed Her Gently’

own testimony regarding . Payne's appearance at the Pa grill, . Cook testified: “I [rebuked Mrs. Payne gently, told her that such unbecoming conduct was intolerable and asked | her not to make such scenes again. She told me ‘Mr. Cook, I don’t think you understand women.’ ”’ Mr. Cook declared he clashed quite frequently with Mrs. Payne afterward, on occasions when she came to the public service commission offices insisting upon an interview with Mr. Mattingly. The- latter had instructed his office personnel to tell her he was not in, the’ witness said.

Suggests ‘Settlement’

“I finally ‘took up the matter with Charlie himself,” Mr. Cook testified. “I said: ‘Charlie, I hope this thing does not go to the ‘extreme where it will be necessary to dispense with your services. I suggest that you make a settlement with this Payne woman.” Mr, Mattingly agreed, and asked me to find out what she wanted. “I had a long conversation with Mrs. Payne. I asked her what she

{expected of Charlie. She said that j{he was responsible for hi

injuries in an automobile accident and that he should pay the expenses of her subsequent treatment. 2 “She said that she had helped him accumulate a fund of $2500 in a Bloomington bank. I asked her if she would leave Charlie alone if

tlhe would turn over this $2500 to

her. She said that such a settlement would be satisfactory.” ° Mr. Cook said he understood later

‘1that Mr. Mattingly had given Mrs. | Payne a check for $2500. However,

she continued to call at the public service comraission until he threat-

ened to have her removed by police.

Questioned by Robert McCrea, deputy prosecutor, Mr. Cook said he considered Mrs. Payne of sound mind “despite her peculiar antics.”

He insisted that Mrs. Payne had

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Yor Matfingly, Murder Trial Jury Is Told |

Payne on murder charges. The was molded from 4a footprint found

# ” #

nothing to do with Mr. Mattingly's appointment as attorney-examiner. Mr. Mattingly received that job from Paul V. McNutt, then governor, solely through recommendation of commission members in recognition of his brilliance as a lawyer, Mr. Cook declared. Today’s witnesses included Charles Swaim of the state highway: commission, and Florence Gardner and Grace Massey, publia service commission secretaries. All are of Indianapolis.

Associated With Victim

With the exception of Mr. Swaim, these witnesses were associated with Mr. Mattingly during all or: part of the period he served as attorneyexaminer for the public service commission, a job he held at the time of his death. Mr. Swaim, Mr. Tackitt said, was in a position to observe many of

‘Mrs. Payne’s “tantrums” when she

found herself unable to contact him. The stafe will charge the tall, high-cheeked - defendant with actually attacking and kicking Mrs. Mattingly on one occasion when she accosted the Mattinglys walking north on Pennsylvania st. in Indianapols, near their apartment. It is this particular incident which Mrs. Mattingly is expected to describe from the witness stand, a bare six feet from defense counsel table where Mrs. Payne has sat each day with a fixed and rarely changing expression.

300 Seek 150 Seats

How well Mrs. Payne's stoicism will bear up in this close proximity to her younger love rival is a matter of speculation that will keep spectators on the. eédge of their seats. These seats, incidentally, are at a premium, there being only 150 in a courtroom into which more than 300 Bloomington residents fought for admission yesterday. Mrs. Payne has maintained a remarkable calm throughout many hours of testimony of a material nature by which the prosecution has sought to connect her directly with the murder,

Hear 20 Thus Far

So far, the state has introduced 20 witnesses and submitted 13.exhibits, two of which were ruled out by Special Judge Charles B. Staff. The accepted exhibits in the order of submission include Mattingly’s bloody. trousers and shirt; the

‘plaster cast of a footprint found

under the window through which

S$ HUM APACE BAL 0 2c WAR

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is to do their job—do it right— : and et the results speak for them-

. That would be a good or " of us to follow in a time

a time of war, when the need is for rt n first and discussion later.

{In keeping with that tho wo! |

ut such things as the movement of armed es and war materials, which of course

However, i itis no longer any secret ‘that

e first seven weeks after

atest feat of military transportation in

th history of our country.

ers have been cautioned not to talk

tion

rule

ught, railroad

soldiers, sailors and marines on holiday furloughs. At the same time also they were meeting the vast needs of war production by transporting great quantities of materials for planes and tanks and ships and other vital instruments of war, All this was done so smoothly and efficiently that few outside had any idea of . the magnitude of what was going on. And nobody had to go without necessary transportation. There were occasional delays

when civilian traffic took the siding, but all trains went through with a minimum of

Pear! Harbor

inconvenience. Such results do speak not only for them-

selves but for those who did the job. They

are a magnificent tribute to the men and women who run our railroads. These men and.

" While this record-breaking troop move. t was going. on, the railroads also

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of individual

d: a

women are working to win the war.

Monroe County Prosecutor Sylvan Tackitt stands by ‘the witness box as Bloomington Police Chief John Rawlins places a much publicized shoe in a plaster cast before the jury trying Mrs. Caroline G.'

five bullets were fired into the back of Charles O. Mattingly.

shoe is. Mrs. Payne’s. The cast beneath the window through which

2 ” n the fatal bullets were fired; a 32 caliber Colt automatic; a '.380 caliber Colt automatic; a shoe worn by Caroline Payne on the night of the shooting; her pocketbook in which were found 100 love letters from Mr. Mattingly; three bullets which pierced his body; a photograph of one -of ‘these bullets designated as the - “death bullet”; - a hardware merchant’s bill of sale for a .32 Colt automatic and a hardware merchant’s bill of sale for 'a .380 Colt automatic. Most of yesterday's testimony was taken up by expert witnesses analyzing the states material evidence.

Tells of Plaster Cast

First among these was Police Chief John Rawlins of Bloomington.

He described the method of making the plaster cast of the footprint found under the window at the Gus Nickas home where Mr. Mattingly was shot. He explained also how he had later compared one of Mrs. Payne's shoes with the cast. With Prosecutor Tackitt standing by and the shoe and cast on the witness box ledge, Chief Rawlins began an explanation to the jury as’to how the shoe and cast compared. He was interrupted by a defense objection and Judge Staff instructed the bailiff to pass the shoe and cast among the jurors so that they might make the comparison. Chief Rawlins testified also that

But the Japanese did not fire salvoes. Their fire came from individual guns and there was a continuous stream of projectiles in

the air, straddling our destroyer

positions. “Then in the thick of the attack the leading destroyer (apparently the Japanese destroyer) was hit. It slowed down and the next in

sides. ceased fire and the action was ‘broken off. ‘| “The U. S. ps reformed and continued . on a ‘ northeasterly course. At-2:10 a. m. searchlights again were seen on the port quarter, illuminating a Dutch flotilla leader.engaged in a grim duel with a large. Japanese destroyer. EJ

All Batteries Fire

“ENEMY SHELLS filled the sky. The Dutch ship 'plewed ahead. The Japanese ‘vessel apparently was using eight-inch guns, but the allied destroyers kept on their “Ships were sighted on the starboard beam and in a few minutes both sides had again opened fire. “The action “became intense. The destroyers literally hurled themselves at the enemy—all batteries blazing. In the heat of battle, one destroyer’s steering gear jammed. The helmsman had just reported to the bridge that a Japanese searchlight beam revealed large rocks rising from the sea only 1000 yards distant. The commander reached for the engine room telegraph ‘and rang full astern. : “The engine responded quickly and the ship just avoided being grounded. She continued steaming under fire which she returned with all 11 of her batteries. Then, inexplicably, the enemy ceased fire; The American ship reached safety. » 2 ” » “NIGHT conditions precluded any completely accurate estimate of enemy losses.” After hearing Admiral Glassford’s story of the battle I talked to various American officers. Official reports do not mention any

bow,

As ‘Wounds. Bled |

injuries among the U. S. destroycrews except a wrenched knee Sustained In the rush to battle ‘There

were, however,

After the action off southeast Bali, the Dutch and American units proceeded through Lombok strait, east of Bali, where Japa~-

nese. cruiser and three transports

had been reported. One captain said: - “Shortly after midnight I saw two Japanese ships. They were hard to make out against the dark background of the island. I figured we might easily be sighted and changed course.” Then the Japanese searchlights swept out dcross the water and the leading allied destroyer opened fire with guns. On the starboard two Japanese destroyers Joined in the action.

” » ” Gun Trainer Killed “I SAW one enemy cruiser-open fire,” the captain continued. “An eight-inch salvo landed well ahead of us. We continued firing, scoring hits on a Japanese ship. “Fragments of the ehemy’s eight-inchers sprayed the destroyer bridge. “The executive officer was wounded in the leg and the gun trainer was killed instantly. “An eight-inch salvo straddled our ship. Water spouted over the forecastle and bridge. The executive officer was then discovered to be bleeding badly and I had him taken below. “I changed course. I then received a report that the steering engine had been hit and heavy steam leaks had forced men at

a three-inch gun to leave their

stations. 8 8

Shells Come Close

“AT 2:12 a. m. another salvo fell near us and ahead. Then three enemy ships including two cruisers turned searchlights on us at. about 5000 to 6000 yards. “The second cruiser fired a sal-

vo of 10 to 12 shots which missed.

Then I changed course again and fired my torpedoes as well as guns. “The enemy salvoes were falling closer and closer and there was some wild pompom shooting on our starboard quarter. An enemy patrol vessel passed near us shooting machine guns. He vanished .before we could reply. “We were under such heavy fire that I ceased to fire after six

‘salvoes and then zigzagged' out of

range. The Japanese fire then concentrated on the Dutch flotilla leader. I believe two Japanese ships were silenced by hits from

some ‘wounded, including the executive : officer.

| “AT 2:51 a. m1 changed course and began collecting the division which had kept.together well. 1 commended ‘my executive officer. “The chief petty officer who:

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one of his officers, Patrolipan. Ray Branam, had confiscated two guns, a 32 and. a .380 Colt automatic, } from Mrs, Payne's home shortly after the shooting.

Identifies Bullets We

Robert Borkenstein, chief laboratory technician for the . Indiana state police, supplied the state’s expert testimony regarding the guns. He told the jury that his tests proved conclusively that the bullets which had caused Mr. Mattingly’s death had been fired from the .380 Colt seized at Mrs. Payne’s home. Roy Schmalz, Bloomington store owner, later testified that he had sold Mrs. Payne the 32 Colt on December 15, 1939.

Roomed at Accused’s Home

Mrs. George Heitzer, widow of a Bedford firearms dealer, testified

that the .380 Colt had been sold on Nov. 20, 1940, to a young man who was identified in testimony, as a former roomer at Mrs. Payne's home. The severest courtroom break between opposing counsel occurred shortly after the state had ealled to the stand Mrs. Ivy Jones, & former maid in Mrs. Payne's home. After questioning Mrs. Jones about the identity of certain roomers at Mrs. Payne’s home during September, October and November, 1840, Deputy Prosecutor McCrea asked her: “Mrs. Jones, did you ever hear of a young man by the name of—?” There was instant commotion at the defense table.

Charges Name Blackening Defense Attorney J. Frank Regester, on his feet immediately, thundered: “We insist that the prosecution is making an. effort to unnecessarily blacken the name of this defendant with irrelevant testimony.” - Mr. McCrea answered: “Caroline Payne, by her plea of unsoundness of mind, has made her life an open book. We are privileged to reveal any part of it in bearing out our contention that she is a sane, rather than an se, woman.”

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