Indianapolis Times, Indianapolis, Marion County, 29 June 1952 — Page 3

omparable trim illuge

TY

by Fisher detail and

n on ride is lick-Reflex rontinuous he bumps.

SUNDAY, JUNE 29, 1952

Prisoner Ap

William Mersing, locked in Indiana state prison seven | years, has been troubling the | conscience of ex-Judge Wil- =

Mam D.

The former Jurist of Marion a

County Mersing

And Judge Bain ought to know. | He sentenced Mersing to life for 8 first degree murder.

The former Indianapolis mah

declares

charges the attorney appointed to represent him at the 1945 trial J was incompetent. » Judge Bain admits Mersing's * conviction “probably should” be |

hy he 3 dar

PRR EE a io

Fem wo -

i oo TT asin an lg SL hb WHE up gonial gol ge lon gl Ul ad

~

THE INDIANAPOLIS TIMES _

Bain, »

Criminal Court 1 sa

he is innocent. He |

overturned because there were

vital errors in the trial. 8 Yet, with all these “good

chances”

‘courts and constitution assuring the citizen full hearing and speedy justice—William J. Mers-

ing has

-

~ For seven years, Mersing's case been pending. For seven years, while Mersing paces the

cellroom

judge an not said

for a new trial. The story is strange.

Fate h

form of a court reporter who died right after the trial, and another

reporter lating h frequent

torney appointed to handle Mersing’s appeal. Figuring even more heavily is.

the fact

‘forget about people in prison. The night of Jan. 28, 1944, be-’ gan the story. Mersing, 38, a taxi driver, had

SSR 5

jor another try, with WILLIAM J. MERSING—After seven years, losing patience.

not been able to appeal. A Long Wait

and writes letters to d lawyer, the court has “yes” or “no” to his plea ;

as figured heavily in the

who had trouble transer shorthand; fate in illnesses of a pauper at-

people on the “outside”

been keeping company with Miss JUDGE WILLIAM D. BAIN—

Louise Wilson, 35, of 612 N. Del- " 1! 2 chien aware St. For several years they He didn't get full justice, lived as man and wife. Lewis should have asked dis-

That Christmas, Miss Wilson missal of the jury as prejudiced. gave Mersing a shotgun. Then The Judge said he was not

they had

Miss Wilson sent Mersing a

a rift. allowed to do this himself unless the defense attorney asked

message she wanted ‘the gun, so for it.

Be went to her home Jan. 28 with Widow Weeps 1948, when Mr. Boling requested | : i time to prepare the transcript, | Stroll Downtown Twelve women were on the|,.; Juqge Bain continued the! Earlier that evening, Miss Wil- Jury. The corporal’s childrenicase—a motion for new trial—! son strolled downtown. At a tav- were there, and the widow wept. until Mr. Boling was ready. i rs QB > ia Botaier is warts rid “the “wom ent 348 heen -contintied-indefi : PET OWE PHS Fe TE wre SRR SH ORI BUYS ERS took her home, ights in her Jurors” syfpathy for Cpl.” Arpin Mersing's letters to the attorapartment went out. and his family apparently turned ney and judge showed growing Cpl. Alfred Arpin was stil] to resentment against Mersing, :

there when Mersing arrived. Mer- Judge Bain now says. -

sing said

he knocked on he door| “I may be partly responsible

with the shotgun barrel. The door|for what happened at the trial,” opened on a dark room, and/Judge Bain said.

Mersing

testified as he handed| He now feels he should not

the gun through the door, it dis-/have allowed some of the tactics charged accidentally. the prosecutor used. Mersing drove to police head-| Jurors deliberated two hours, quarters, where he said he had called Mersing gulity and recom-

shot and

probably killed some-/Mended the life term.

one—he didn’t know if it was a, Four weeks later, Mersing filed

man or woman. {a mistrigl plea in longhand from|.

Police

found Miss Wilson on Nis prison cell. Judge Bain said

the davenport, weeping. Cpl. Ar-it wasn’t properly drawn, so he nin lay in the doorway, dead. |a'Tanged to have a pauper atMersing testified he didn’t |torney appointed to handle the threaten anyone, “was not mad” 2Ppeal. : at anyone, and had never seen They agreed on attorney Owen

Cpl. Arpin. |S. Boling, who took the case. Year in Jail | Notes a Mystery

Mersing, who had a good record| Mrs. Ruth Fowler, court reand reputation, was charged with POTter, took the testimony in

murder.

Under $10,000 bond, he Shorthand. She took sick and

spent more than a year in jail died. |

before trial in April, 1945. He TO prepare an appeal to Su-, pleaded not guilty. preme Court, Mersing and Mr.| Because Mersing had no funds, Boling needed Mrs. Fowler’s Judge Bain appointed John oO. Shorthand translated into a Lewis and William T. Zilson, pub- transcript.

| {

{ Hc defenders. Mr. Zilson took no/ But Mrs. Fowler's shorthand)

active part.

Mersing charged in a later ap- her own style, with gaps to be

peal Mr.

Lewis was “incompetent filled in from memory.

and unprepared,” and this robbed! Judge Bain appointed Miss Nel- | him of his Constitutional rights lie Shepherd to translate the lJ, S. Population to a fair trial. ? ° notes. Already holding a fulltime i Judge Bain admitted last week Courthouse job, Miss Shepherd that Mersing “has some strong had to do it in spare hours. . | points” in arguing for a mistrial.| There's disagreement on when First, the Judge said, the jury Miss Shepherd completed her had become edi in BY roy version of the testimony. Judge 1975 it 1s estimated there will be

zealous” pressing of the case by|Bain said it was “a matter of|3¢ million more people in the:

peals His 7

Miss Shepherd at the time was

Sherwood Blue. Attorney Checks “I did (court) reporting many

| years ago,” Mr. Boling wrote the

prisoner, “and I used the shorthand system employed by Mrs. Fowler.” He said he wanted to check the shorthand.

the attorney wrote. “Some considerable time” proved an understatement. Last week, Mr. Boling said he is still poring over the papers, had finished going through shorthand on the state's case, but hadn't reached the defense side. “I can’t put in all my time on it,” Mr. Boling told The Times. “I was only employed to take the appeal, not to do the transceript. And I'm still not satisfied with that.” As the years dragged, Mersing kept writing to Mr. Boling. The attorney several times apologized for not answering his latest letter — or letters — promptly, and kept assuring him the appeal action would come soon.

Mersing Despalrs

The last letter from Mr. Boling came 3% years ago, Mersing rharged. “He has abandoned me . .. and for morg than three years has ignored my requests for services.” Meanwhile, Mr. Boling accepted

{ i

Year-Old C

LL

cue Sherwani. War Is Declared

On Another Killer

By DONNA MIKELS But over each hangs the same IF AN unknown killer shadow—as ominous as the A-

That was in February, 1946—prowled Indianapolis streets Pomb's mushroom.

more than six years ago. ‘and took the life of even one * “This is tedious work and will!

require some considerable time,” helpless child, the city would] yyupy ARE marked for death

It is the shadow of sure death. - - -

arouse itself in a fevered hunt for yy the unknown killer. Not one the slayer. will escape the slayer—the disAnd yet an unknown killer does ease for which there is no known prowl Indianapolis, the state and{cause—no treatment—no cure. the nation slaying not one, but] Over the nation there are 100,

unfamiliar name” mus- Bill and Terry. orange eniamils They're children who in infancy

g/don’t walk or run as fast as a A EE om erry their playmates, who in childhood McClain who likes to listen to bail develop 2 SUFlous, ghistealy gn games and keep box scores with| Sometimes a family doctor calls the dream of becoming a sports writer.

rheumatism, palsy, rickets or

maybe even “baby clumsiness.” Not too far away is 16-year-old May as it progresses some doc-

Richard Clark, who sits in hisi, . Lo oonizes it. wheelchair at 3022 8. Rural St.| and. tor she first time the

dnd bullds model planes or plays parents hear the words “muscular checkers. . __|dystrophy,” words which becdme Little Billy O'Maley, 10-year-old synonymous with tragedy. They son of Mr. and Mrs. James O'Ma-|jearn their children will live a few ley, 1443 N, Colorado St., and 12- years perhaps to early adoles-year-old Terry Tryon, son of Mr. cence. Then—death. and Mrs. Bryan Tryon, 3340 E.| Until recent years there was no

Sug Payments totaling $500 from public funds as his fee. Judge

Bain OK'd them. Ke Mr. Boling, who is about 70,'R

explained he “was sick all year)

ers and sisters run and play. { victims, Little boys who are unacquaint- yu = ed—who never heard of each BUT SEVERAL years ago other. three desperate women went to

1047-48 and incapaciated on and |

off for a couple years after that.” | “I knew he (Mersing) was im-| patient, but I didn't think he was dissatisfied,” Mr. Boling said. In a crack at Mr. Boling, Judge Bain now says: “There has been an unreasonable delay. But I'm not respon-| sible for it.” : The last court appearance on Mersing's behalf was in October, |

|

impatience. He decided to act on his own.

Files Own Plea

Last month he filed in the. State Supreme Court a plea to order Judge Bain. to say “yes” | or “no” on his plea for new trial. Without Judge Bain's decision, Mersing has been unable to ap-, pleal his conviction to the higher court. Two weeks ago, Judge Bain took his first definite action since 1948. He ordered Mr. Boling and Mersing into his court to, present oral arguments. It was] two weeks ago The Times began! checking into Mersing’s 7-year delay. i Things have been “popping” | since. Tuesday Judge Bain or-|

transcript prepared by Miss Shephard. Wednesday, at Judge Bain’s order, Mersing was taken from prison and brought to Marion] County jail for the July 14 hear- | ing.

And Mr. Boling has conferred |

‘was a combination of Gregg and| "ith Judge Bain and Mersing. | &8

Mersing sat back in his cell. He sighed: “At last.”

Growth Forecast

, By Science Service

LINCOLN, Neb., June 28—By

Deputy Prosecutor John Miller.| weeks” after she started, but Mr. United States who want to be as

Despite “hints” made to

objections, jurors got Boling said it was a year. of alleged statements] When Mr. Boling got the 320grand jury and police, page transcript, he wasn’t satis-

: (well fed and clothed as we are

today.

some of which were denied by|fied it was correct and complete.| “There will be about 7000 more| witnesses and some not allowed Mr. Lewis agreed it wasn't all persons for breakfast tomorrow as evidence. there, as he remembered it. morning in the United States Second, Judge Bain said, Mr. Mr. Lewis pointed out that/than we had this morning” Dr.

COMICS

“. - . PLaza 5551

If you like . ..

you'll find more IN THE TIMES

Two comic pages every day . . . 21 regular daily comic features . . . The largest daily display of comic features in the entire state of Indiana. Comic features for all age groups . .. Fun . . . Adventure . . . Fantasy . . . Romance . . . Enterprise.

More Sundays, too!

In the Sunday Times, you'll find 12 pages of comics . . . 34 color comic features + . . Every Sunday . . . by far the largest section of Sunday comic features in our Hoosier State.

Just starting . . . Another New Headline Comic Feature of Science Fiction, “Twin Earth.” :

THE TIMES

Order The Times Delivered to Your Home

A. H. Moseman, chief of the Bu-, reau of Plant Industry, Soils and, Agricultural Engineering, U. 8. Department of Agriculture, said at the dedication of the new Agronomy Building at the University of Nebraska.

To meet the demands of our increasing population, it is neces-| sary to explore every phase of soil-plant-fertilizer-moisture relationships and to develop new varieties of crops to meet the demands of increased mechanization on the farm and the decreasing numbers of agricultural workers,

|

Sometimes you'll agree, sometimes not, but you'll always enjoy Robert C. Ruark. Five times weekly in The Times.

AR NBETRIN

mak,

nee . 3 ALUMINUM COVERINGS

Immediate EZ Installation The finest, low - priced porch that: you can buy.

IN BEAUTIFUL COLORS Phone CY. 0481 |

Or Have It Mailed While on Vocation

3929 W. Washington

dered Mr. Boling to return the

MOAR

STALKED BY UNKNOWN "KILLER—Jerry Lee McClain and his dog, Ginger.

STEPHEN AND BILL O'MALEY—Steve was spared, Bill was not.

PHONE i c Yui © time, Y 9ive Urrigp will P L-3507 Vice on ® ong Sn 2 freg Ing, to "8paps » Cerg i for Our Bonded Coat “- Make rest). e Nt Your ol Messenger Pe. jackey lovely ror FOR YOUR CONVENIENCE " Coat

our furrier will call at your home after 6:00 p. m. to give you a free estimate.

Call Plaza 3507 Tomorrow

&

SEVENTH FLOOR

many children—a killer with the 000 others like Jerry, Richard, §

{the ailment asthma, polio, i

: ty Board of ganized as branch of the Muscu-jof Indianapolis victims and get20th: 8t., too, sit imprisoned in concerted research, no organiza-|the New York Ct | wheelchairs while healthy broth- tion working in behalf of the Health. Their children were 15r Dystrophy Association. |ting names of persons out in the

: iready has spread to 14 other Das for several years worked on|puts it, “besides just sitting and

mr

EON Mavic cA SS RSE HE pe het ES a She

THREE MUSKETEERS—Little sisters Dottie and Sharon can agilely run and climb on Terry Tryon's bed. But Terry is imprisoned, a victim of muscular dystrophy.

dying. Who would help? took! The bureau referred them. to. But this week somebody took state to start an Indiana branch,

the United Cerebral Palsy Asso- the first step. |made up of victim's families and ciation and from this grew the It was Joe Farrell, membership! interested citizens. : Muscular Dystrophy Association secretary of Indianapolis Cham-| The goal—to learn more abou of America. "3 of Commerce. the mysterious killer, to finance

» » ” THE YOUTHFUL organization Joe, an oldtime radio performer, research—to do something, as he

{his own in behalf of crippled watching little children die.” states and started a national children, putting on shows for Joe says he'll get the organiza$750,000 research fund campaign polio victims and others in Riley tion started, then leave it in the

in 1951-52. For the first time Hospital hands of a group of parents

fn n united in their zeal to corner the

“muscular dystrophy” is becom-| ing known to others than those’ SOMEWHERE he heard of unknown hiller. Initial meeting

jmuscular dystrophy. Then helis at 8 p. m. Wednesday in Parlor connected closely with its heart- found most people, like him, didn’t p of YMCA.

break. know about the disease until it| “The answer may come too In Indianapolis there are about strikes close. - [late to help our boy,” said one a dozen victims. In the state the] With characteristic zeal, Joe mother. “But there is an answer. number may run into hundreds. [set out on a new project. The question, will it be in time The state never has been or-| He started contacting famiilies| for somebody else's son?” -

~

AIR-CONDITIONED MARKET STREET ANNEX

SPECIAL PURCHASE AND SALE!

1800 PAIRS OF

TROP CAL 32

Pr.

HB Irregulars From a Well Known Maker

What a "buy"! Cool rayon tropical slacks to breeze through hot weather . +» priced a low 3.22 a pair! The slight imperfections are hardly detectable . . . if it were not for the slight imperfections, these fine slacks would be priced many dollars. more! Wear them for all sports, for relaxation at home, for vacation trips and keep an extra pair in the locker! Blue, brown, tan and grey . . . sizes 29 to 42. : 5 ’,

» AEA Hy ix

ee ag i

io 4

BLOCK'S MARKET STALET SPORTSWEAR, DOWNSTAIRS.

an