The Syracuse Journal, Volume 26, Number 44, Syracuse, Kosciusko County, 22 February 1934 — Page 2

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DIE SVttU I SE JlOfßX’tl. .. I . Lit AN. Published every Thursday at Syracuse, Indiana t<’t«4vd as s<"<‘(Mid-class matter on May till. at the pastoffice at 3y i iijeuk*". Indiana, under the Act of of March 3rd. 1879 st »o.ir, in advance 12.00 Six Month# iti advance — 1.00 * y .............. • .06 i mo. dropted If not renewed it hen time Is out. -urin I. I’ lKi i n. jn. Editor ant! PwMisher Oil He Phone 1— Home Phone 904 n/cRsDAY. I F.B. 22, 1934 TIALA-HANN <Eon tinned,; Irvin page One) son Si. I ' j 1 he law says justice shall be administered freely. not holding any brief for the bik. but am here to vindicate the p. -eedims of this court, to uphold tin admiols ration of justice. 1 s’-and (a and order, the equal and imparlui aumimstration of the law agjiust anarchy. n f end tried to tell you about th a. he labed about the poor farmraero are other poor foUs. In th s depression 1 have lost more than to pay this mortgage, twice ii- h. i may loo;e all. even my hmue.'’ At; this point Bantell interrupted, “we would help you out judge." ‘ I would nut want your help,” the judge snapped back. ‘1 prefer to chboke my champion.” "Ehch -me should take his medicine ajPiD g. U ail Street hadn’t t< dp with this. 1 never saw. Wall .. i .»>* happened to get into the tide which swept things away. "V|> e should all be men enough to , ,■ . ihe <hir.. 1 could not -i: v 5 lute the law, to . ; tup can stand up for'me by preaching anarchy. 1 1 h ' it. ■ ■ ■ o. ■ d_. t- w anted ■to stop th*tl - * January 20. It was lawful for the committee to call upon Mr. lb ■wiser :<• '■ what could be; done j In, i, v. <,, told that ti eb hk would end the m« rtgage 6h days .1; 1., Gearhart g ‘ his sisters conn for a new con- ■ “when an attempt to do this was ri. ;, • tie,. .. I knew ■ the sale -■ . ii.e. Mid they went fi aas action*. Who Hitler/ thro.* The court decree had .■ Sheriff to hold the sale. ■ ha t .-topjied the f. rec!-.sit 2, I would have d to My. Lit they stopped ler oath; stopped the enacti de* ree* of this court. That w;E unlawful. jlf the sheriff'had refused to go on ■a i- the .lie. he would have been c J ed to explain why he .did (i°t "bev orb*u*. s d would have beein liabl" mo sold imprisonment. They wer bitp.H g _ih,. ,” u , > under oath and i : , a■ : e rmt hitting the ■ ; , . breaking down decteess n one instance. hv • ’her decrees be’ broket. ■ Where Would It Stop. ■\\ hen the Culver bank robbers wt- - : ■ d.reie > ;y year on the IH•: ch and were found guilty an'd the ->heiitf ordered iditaHv them to jail hjidn’t their friends the right to rescue them, hadn’t they the right tH-e pe pie had, if they didn’t like the decree of the court?' "Vi here will we go if this thing chntinues. this taking the law into . i •■■.'.!; hat d-? Air. Stiiokey on the witness #t;>nd yesterday, would not i> , He admitted they had been told at the meeting to come to Warsaw to stop the sale. tie i*’ld the truth about it, but look at the influence of those people man he is being led to viol.te laws [through the influence of that man Tiala. h was hard for Stookey to say, s«y they came to Warsayv ”■- - s p r. .e. part of the crowd pushing Bowser sway, making noise and when asked who tcld them ti 4“ that S ookev admitted it was the ijnau over lheie Tiala. | ‘ m set here s. id it was right t|o make the sheriff violate his oath, to obstruct the administration of j • Hara timaa do nqt authorise yrime.. ■ - There were no human rights involved,’ said Royse, referring to lyMvi/s aigument preceding his. ’ They say they wanted to slop the . Sale to save the farms for the farmer-.. Iha s property rights, not human. ■ Every man who has a few dollars ahead is a capitalist. We have learned the sacred respect of rights of property from English common law v -’’ h ■'•' -• “A uum’s hvuse is his Jcitetle, wi ich even a King cannot enter without his consent. "A man with a nalatial home hM as i; -yh iji'ht to his h< me as you have -to yours. This rot about taking it from a rich man and giving it to ; man is the worst doctrine in the world. If vou borrow an article from your neighbor you are expected

a /so jfiHCeSI ROUNB TRIP TO 1 Ghicago Every Week-end Travel in comfortable coaches. You will have ample time in Chicago for sightsee* ing and visiting. » Asl about othtr Bargain Farej Every Weet-endl fto B&Opoints. ' For drtaOa con—h TMbnt Aa—t Baltimore & Ohio

to pay it back, aren’t you? If you borrow the article and keen it, and your neighbor brings suit to recover it, are you to bring mass action to prevent his recovering it? “Gearhart inherited that farm. And SIO,OOO borrowed on it from the bank had been put into the hands of his mother. Now they advocate Gearhart has a right to keep it and not pay it back to the bank. He said he demanded that because he was losing money the bank should lose. “How much credit will anyone have who does not pay his debts? Lack of, credit is another reason for the de- ( pression. We will never get prosper-] ity if we repudiate debt. Tnat w-iM, Lnd us into anarchy,'where we are! all outlaws, not trusting each other, i “Its not banks and Wall street we are discussing here today- we ‘aie here to know if we are to have law and order in Kosciusko county, or if we are going to have mob rule, directed by a man from Minnesota. Can’t we raise our own mobs? “We can sleep in our own homes because of law. Public sentiment ..upholds peace and quiet in a community. The laws of Indiana and the constitution of the United States protect those homes. “By your decision you will let the w'orld know in Kosciusko county, no outlawry shall prevail,” the ex-judge concluded. Following his speech c- me the udge’s charge to the jury diiecting) -eparate ballot as to the guilt of each i of the three, and stating they could lie found either guilty or not guilty.' the fine be from SIOO to slo,Ot>o, c; with a year’s imprisonment. * Preliminary Statement A buney Waiter Biubuktr. 6h .-en ! to make preliminary statement to the; jury for the state said in summing up. the case he would c 11 attention to I the fact that in 1926 Mrs. W. Gearhart owned a farm in Prairie town-J shty. hr January, 1926, she bor <>w-j -ed of the Federal Land §ank of] Kentucky, $9,900 at 5 per cent interest, : nd agreed to pax- the interest each year, and a percen.age of the principal. In 1930 Mrs. Gerrhart, owner of the land, died, Bruboker said, and it was inherited by her son Ch rence Gearhart and his two sisters. In Jan. 1933, more than a year ago, there was a delinquency in interest and principal payments. On Ji n. 26, 1933, action for foreclosure of the ■ mortgage was filed in the circuit * court by the Federal L nd Bank; at ■ the time the delinquency amounted t to more than SBOO, having extended j over three years, and there were' S3OO accrued taxes. j Bowser rnd Bowser, he said were attorneys for the Federal Land Bank Suninmns were issued, Brub; ker I said, and notices were given of the ’ complaint but there was no appearance by the defendant. > Eleven months later, Dec., 1933,; he said, the decree- <f foreclosure' was entered in court in favor of the land bank, ordering the land be sold to satisfy the debt. The order of sale was m ide by the] clerk of court and deliveied to the sheriff as the proper officer rder; thb laws of Indiana to levy a’ order i of sale on land. Brubaker said the sheriff advertis-' ed the land for sale three w eeks in ■ nt -spapers, and notices were posted in the township in which the land was located, and at the courthouse. ' The time of the sale was fixed at Jan. 20, 1934, between the hours of 10 a. m. and 4 p. m. The day of the sale Brubaker went on, and a crowd gathered at the courthouse. He said the state would attempt to prove that a ! group of men went to the office of] George Bowser, attorney for the Federal Land Bank. They were ad-; milted. Among these men were Clarence Gearhart, part owner of the 1 farm, Alfred Tiala and Jesse Hann, i He said that Tiala was spokesman and demanded that Bowser postpone i he sale for a year. Brubaker said the state would attempt to show that I Tiala told Bowser it iy<<uld be for hisj best interest to postpone it, other- ] wise his business would be ruined, ! his office would be boycotted. Bowser told him he was only a re ] presentative of the bank and could do nothing without the bank’s consent. Tiala asked if Bowser intended to bid on the property, Brubaker told the jury, and Bowser told Tiala he had been so instructed. Then Tiala ui*.ed Bowser to telephone the land to*see if they would postpone the sale. Bowser accompanied the men to the courthouse where a crowd had gathered on the steps and in the corridors. A phone call was put in by Bowser at Tiala's Brubaker said while they were waiting for the call, the state would show, that Tiala had said they expected to resist the sale, that they would urge the crowd to prevent the sale. The message from Kentucky to Bowser was received on the phone in the presence of Tiala, Gaernart and Hann. Brubaker said Bowser told them the Federal Land Bank would be glad to extend the time for 10 years if necessary, that all they asked wi-s that Gearhart as part owner would get his sisters to sign the agreement for the extension. Brubker said the stale would show that Gearhart, refused to do this in the presence of the defendants. Brubaker Mid that Tiala attempted to interrupt the deputy sheriff when he attempted to hold the first sale set for that day, on the court house sups. He said Tiala failed to get a response from the crowd, so Kovenstme continued and the property was sold. He said Tiala made a speech from the steps of the court house, to the crowd, saying he represented the United Farmers League, the purpose of which was to oppose, resist, abstract and prevent sheriff sales of property, foreclosures, and he urged the crowd to do everything in its power to assist. Brubaker said the state would attempt to show that at all times. Hann was circling among the crowd as was Mrs. Tiala. He said that after the recess at] lunch time, the crowd became larger, i That when Rovenstine announced he was going to hold the Gearhart sale Mr. and Mrs. Tiala and Hann said! they would resist him. He Mid when Rovenstine went to the steps on the south side of the ; court house, people were in front of j him and in the corridors. He an-; nounced only “Hear Ye”, when Tia-i la yelled “Fellow Farmers, are we going to let this sale go through?” Brubaker said the state would show Mrs. Tiala and Hann yelled No, and then soma of the crowd joined in, yelling No. He said the state would show how the crowd forced Bowser down the steps and away while Mr. and Mrs. ; Tiala and Hann were on the steps

i urging the obstruction of the legal i sale. ‘ Brubaker said Bowser was held i prisoner for two hours by the crowd; i that the sheriff and deputy tried to offer the land for sale out were ob- , structed by noise, threats, people - crowding about, and because the bid- . der had been captured and taken away. He said Rovenstine, with the pa--1 pers in his hands attempted to get on j the railing so he could be heard and (that Tiala tried to knock him off, that Hann urged the crowd to take the p ners out of Rwenstine’s hands iso he could not hold the sale. He 'said they used physical force to pre- ‘ vent the sale. ! Brubaker said someone in the crowd ' yelled to “Get a rope and drag him ’(Bowser) down the street.” That about 3;30 the three defendants were arrested, and Mr. Bowser freed by the crowd because he promised not to bid. He said at 10 minutes of four other officers having arrived, took their pl ccs on the steps of the courthouse and held back the crowd assisting the sheriff and deputy Rovenstine execute, the legal process. Defense Tells Jury. When the defense Attorney Bantell iddrested the jury he said that Tiala had been born and raised on a farm m Minnesota, th;.t he ow-ns a farm here now. That he is the national i g nizer of the United Farmers Lea- < gue and connected with a number of ji’.imeis’ publications. He said Tiala was in Minnesota in ■ nu ry and was called by the oriiiz. tion to direct a senes of meet-, nga in Indiana. < Bantell said Tialv had addressed | rie or two meetings prior to the sale. • hat the question of the Gearhart • .ale came up at the meeting in Lees- | burg. he s id the policy of the governi nent is to discourage foreclosures | iow ; nd to s ve the farms and homes I for farmers. Bantell called attention to the i d o speech of President Roosevelt, rging the governors end judges and Polders oi mortgages to postpone sales of real est te under foreclosure *nd thereby help overcome the economic crisis of the country. ' He said Tiala was a member of he United Farmers Leigue, that Mrs. Tiala was not and that he beieved Hann was not. He said the j purpose of the league was to unite > farmers, to organize them into one ! group to be effective in control of ! farms. • Bantell said at the meeting in ’ Leesburg it was decided they should I bring pressure to Rear on the Fed- ! eral Land Bank -the Wall Street Bankers Bank. At this statement the ■crowd of spectators laughed and the I judge called for order or said he would clear the court room. , At the meeting he said a committee of three was epnointed to confer ■ with the attorney for this bank conducting the foreclosure of Gearhart’s farm. He said the committee, evidence would show, told Bowser the ! wish of the meeting in Leesburg, and asked him to get the sale post■poned. Bantell said that Bowser and the j sheriff were willing to have the sale I postponed, hut told the jury that the bank said it was’willing, but put such conditions in the way that it was impossible to meet them, so the ! bank could get the farm aw ay from the poor farmer. j He said that the evidence would show that the prosecution w; s insti--1 gated and conducted by the bank in ' Kentucky and not by authorities ■ here. Bantell said at the meeting in Leesburg it wss agreed no violence would be used to secure better con- • dition for farmers. He said some ini dividu; Is who did not understand the ! correct policy of farmers may have ! made threats, but that evidence would show that Tiala cautioned | them against violence, so the authorities and the bank would have no exIcuse to resent their actions. Tiala told Bowser that the policy of the government was to exert every influence to save farms for the I farmers, Bantell said evidence would ’show, and that Bowser agreed. Bantell said there was no violence at any time at the courthouse, that all the farmers of the community were orderly and only persisted to have tfie sale postponed according to the policy of the president" of the country. Bantell said Tiala was away from home so much of the time that when he came to Indiana, Mrs. Tiala came too, so they could be together. That she went to the'meetings .with him, but at no time did she ht re a ten the sheriff, attorney or anyone else. He said “She is not an organizer or politician.” Since that time, though, Bantell sad, she has been held in jail, and no one permitted to see her. Bantell said that Hann was a farmer living with his parents. That he was on the committee, and was in the crowd with ail those other farmers. That, he didn’t say as much as probably every one of hundreds of farmers there did. That he is in jail hough, and does not know why he is being held there, not allowed to communicate with anyone. The defendants did not use tear gas, guns, weapons, Bantell told the jury. The farmers came to show their united strength, and the other side used tear gas and guns against them. He Mid “we can’t overcome the present crisis and get prosperity back until we have united effort, until we beat our guns into plowshares. ” Ist Witness Called. Court recessed for the noon hour, Thursday, and immediately afternoon, Royce Hildenbrand, county clerk was called as first witness by the state. He testified and produced county clerk records to show that after a year, with no response to its summons, the Federal Land Bank of Kentucky as plaintiff claimed $lO,005.80 was due plus S6OO attorney’s fee, and hte court ordered mortgage : foreclosed. He said hte sheriff’s ’ return was made and that the prop- | erty was advertised for sale ’Pan. 20 with $6,600 hid Ry the land bank as the highest bid made. ! George Bowser was called. Brui baker asked him to tell the story of what happened to him, Jan. 20, ; which he did with slight questioning jfrom the prosecution and no croaa- • examination by the defense. Bowser told that Tiala, Hann, Dormeyer and Gearhart came to his office the morning <4 the 20th about 20 minutes before 10 o’clock. That Tiala introduced himself as a farmer from Minnesota who had no mortgage on h» farm, bat whose taxes were delinquent two years. Tiala said the farmers had met to see about the Gearhart sele and had appointed them to see him.

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Bowser said that Tiala said Big | Business and banks were getting; hard-boiled, selling land out from ■ under farmers. Bowser said he asked i Mr. Gearhart why he didn’t ask for an extension. He said he did and ] they wouldn’t do anything about it. Bowser said he told them he couldn’t understand that. He said he asked the committee what it wanted the bank to do. Tiala said they wanted a vear’s postpomnentl and Bowser told him this was a poor case to object on as ; summons had been filed a year ago last ’f. 11 and Gearhart Red not appered. Judgment w;as ho? taken until Dec. 1933, he Bowser said when he said the ad.ministration was doing all it could, Tiala said “Big Business has Roosevelt all tied up.” Bowser said he offered to telephone the b?nk. He s id , Tiala’s watch was lying on the t ble and he (Bowser) reached out for it to see what time it was and Tiala shouted, “here that’s mine. ” When Tiala esked him to c; 11 the b&nk in Louisviile, Bowser said he wished they had told him about it sooner than the d y of the s le. Ti; - la tcld him he didn't know about it, that he hadn’t seen it advertised in the papers. Bowser said early in the conversation Tiala said: ‘We think you wouldn’t have anything to do with this, the’feeling there is among the tarmers of this community.” On the w. y from Bowser’s office to the courthouse, Looser said Ti - 11 said, ti e farmers will boycott you *nd ruin your busme-S. Bowser -said he told Tibia that th’e t, and Tiala said “We'll clem you out.” From the sh riff’s office l ooser put in a call to the Federal Land bank ixe Said airs. Tiala v. as in the office at the time and Hann w.s with Tiala til the time. After talking with the bank. Bowser said the bank said' they'd call back and give their decision on the extension, bowser said he went but to the steps to hear the other sale, and heard Tiala interrupt, i sking if Samuel Simmons was in the crowd ml it the f inters were organized. As he received no response, the o.her two proper ies besides Gearh rts, advertise’d for s. le were sold. Bow’ser said when he went b ck to the sheriff’s office, rccompenied by the Tialas and Hann, he tdd them he didn’t like the wawthey were gt'ii.i, about it, th t their jest urce was the court if they didn’t like the law, to go to the legislature to have it changed. Tiala told him. Bowser,s id, that that wouldn’t do any good as the legislators were a bunch of grafters. Bowser received mother c. 11 from Ken ucky before noon. Ti la, Gearhart, Dorneger and Hann were there. He told the four after his talk with Kentucky that the bank would be tickled to death to postpone the sale, if Gearhart would is. ure them he would make some effort to get his two sisters to m ke application of extension. He s id the bank lumped interest and delinquency together and gave 10 years to p. y it. But Tiala insisted that instead they wanted the sale postponed. Bowser did not tell them the bank asked any sum of money or payment of any taxes, he said. He asked Gearhart if he h d talked to his sisters. He said no. Bowser said he went out to eat and returned to the court house after noon. A larger crowd h d gathered. Bowser ci lied/ the for.r men together again in the clerk’s office and asked Tiala what he intended to do. He said he would certainly resist eviction of Gearhart. Bowser went out on the steps. Rovenstine and the sheriff were there. He was accompanied by Earl Beebe, who had been made deputized to accompany Bowser all that day. bowser said Rovenstine only rend off: “Hear Ye”, and Tiala shouted, “Farmer friends, are we going to let this sale go through.” There was a loud yell of No. Bowser said the crow’d seemed to take Tiala’s side. The bunch from inside of the courthouse pushed its way down and out Rim away from Rovenstine, pushed and jerked him down the steps and into the yard. He said ‘ he heard shouts of “Hang him.” He said they held him from after I? o’clock to about 3:15. He tried to explain things so he could obtain his releise to bid, and that Gearhart, said it wasn’t he doing that but the bunch. Someone jelled, “Cancel the mortgage,” and then someone suggested letting him go, as they were under the impression that he* would not bid on the farm. Short Recess. After a short recess Bowser returned to the stand and recalled s me of the conversation which had taken place in the office and he h d forgotten to mention. He said in his conversation there, Tiala h d referred to farmers otganizirg to prevent foreclosures and tax sales. Bowser said he told him a tax sale had no connection with . Gearhar ’s land, * hat this was a foreclosure. That ! these were going on all over the ] country, and was the same principal ; as the government doing it. Keller Testifies. Art Keller, state policeman testified that he had happened to stop at the sheriff’s office th morning of Jan. 20, to obtain his assistance in another matter, and the sheriff had asked his help at hte courthouse first, and that he heard Tiala say he’d stopped s les elsewhere; that if the sheriff attempted to read out the decree the bystanders should veil. Keller said Tiala told the crowd this. Keller said he heard Mrs. Tiala say “We’ve stepped farm sales in Minnesota and other states.” To this the defense objected as irrevelaftt, because the defendants were charged w'ith only obstructing legul jus:ice in this county. Keller said some other wom*n told Mrs. Tiila that they were sorry they hadn’t gotten in touch with them sooner. When asked “Did you hear Tiala mention the ..New Deal or-Hooverism" the defense objected but the objection was overruled. Tiala told the crowd not to think this wrs a political scheme, that it w;s not Howerism nor the New Deal, Keller answered, that Tit la said if necessary we’ll make our own New Deal. Rovenstine Called. Joe Rovenstine was called. He said when he attempted to hold the first sale, Tiala had shouted to the crowd to see if the man was there, that afterwards Tiala talked to the crowd so Ibng that he had to go out on the steps and say, “pardon me, but I want to hold another sale. Rovenstine said as Bowser had that Bowser and the four had argued and talked in the office after noon time. That when he went out on the steps for the Gearhart sale he only got as far as one “Hear Ye" when Tiala

asked if they were going to let this sale go on, and Mrs. Tic la end Hann j yelled No, and some in the crowd I yelled-No,* and that he tried two I more Hear Ye’s but there was so | much noise he cot Id not make him self heard. He said they took Bowser into the courtyard. Rovenstine said he tried to keep up with them, to hold a sale in Bowser’s hearing, but when couldn’t do this returned to steps. He said he was interferred with while attempting to execute the process of law-. When questioned if he had been pushed off the banister when he climbed there, Rovenstine s id TiaL tried to, but he grabbed Tiala’s shoulder and landed on the steps He said he w-aited on the banister until about 3:30, with Bowser on the lawn, surrounded. He said Mr. and Mrs. Tiala end Hann were at the foot of the s.eps p. rt of the time an? ihe rest of the time in the crowd. He said Tiala said.to the crowd: “We’ 1 only have a.few minutes till 4 o’clock Don’t go awry. After 4 o’clock they can’t bald the sale. ” Roven- ire s id the thrse defend ! ants weie aries ed betw-een 3:30 and 3:45 and he came back to the steps and held the sale. He s. id four or five officers stood on the steps below, and others on e ch sid?, some with tear gas bombs and some with guns.. A ter they look bowser awaj j iioni the s le. the sheriff shot a sm-11 tear g s gun in o the crowd, i ; nd one was shot at 'he couit house ' door by Don D vis, sped 1 denuty. Davis Called. D a is s id h* h (1 served from 9:4' a. m. until 5 p.m. as deputy. He described the s-e. eon the Stet s exad ly • s o he s h d desc ibed it b--ioie him.' He sid he shot off the ear ga< bomb end Tiala yelled, ge’ hat fell >vv, he has a gun. Davis said he ran b ck into the courthouse ant ai er.ih t. the door w; s i cktd anc only opened bv the ani'or. Beebe Testifiis. ! ; ri Beebe, v.ht> guarded- Bowses ■th. t dav was ‘he I st one criled to i.testify 1 te Thursd y ts e. noon. He <•< sc ibed how he, with Bo ser, was ] pushed down the steps when an at- ! tempt to hold the sale was made bv j Rovenstme, : n.’ stood, sr. curded by the crowd, away from he Sale at the steps till 3:30, and. Mr. one Mrs. Ti la and H- nn w ere going among the crowd talking. He s id they were- let go because i the sale w:s advertised to be held oi ' the courthouse steps. They went t< a restaurant for cofiee and then t< Bowser’s office. 10 minutes la’er they returned to the courthouse a d the s le was held. . « Testimony Friday. r he first witness called by the state Fiiuay morning was -Walter Pitten ger, who had t; ken a picture of the ■crowd s mounding George, Bowser ! and the print was submitted- as evi- ’ dence. . 'lhaddeus C. McClure, farmer from ; Silver Lake was called. He had h; p i pened to be in the co iiou eon ] business, Jan. 20, according to hi. | testimony; he s w Rovenstine on the steps trying to sell the Gearhart property, saw the crowd tale Bowser awry, and McClure said he heaid Tiala shout “Grab him”. He .Iso said he heard Tiala ask Hann if the deputy had the papers for the sale and when Hann told him yes, McClure said Tiala told Hann to take the papers away from him. Rasor Called. Everett R: sor testified he was present that day and heard Ti la address 'he crowd, saying “we must'stop sheriff’s sales and t; x sales. We may not succeed tod~y, but we must resist eviction. What we are doing may be unlawful, but if f rms are sold and persons are evicted, we will make these farms scab f.«rms.” He said he saw’ Mrs. Tiala as cheer leader, and saw her respond to remarks Tula was making to the er >wd. Heacock Called. When Ed Heacock was called he said he h: d seen Bowser taken from the jsteps into the yard. He said Hann worked on the north side of the crowd “coaching the boys". He said he heard Hann tell them to sticl to it till after 4 o’clock and then they could have no s le. He saw Tiala arrested and then described Mrs. Ti; la projecting her hands and pulling them back tow: rds her. William Munson of Warsaw testified he couldn’t understand what Rovenstine was tpving to read about the sale-because of the hollering. He said the three defend nts didn’t have hold of Bowser but they were “aggregating” it. He said he heard Mrs. Tiala say they were not going to let(jthe farm sell; and heard Tiala say if they could hold off until 4 o’clock it couldn’t sell. When cross examined he said he didn’t hear the f rmers agitate, that he knew* nearly all the f. mere ih re and only saw the three defendants agitating. State Rests. After his testimony the state rested. The defense immediately made a motion for a directed verdict to the jury. The jury was excused while arguments between state and defense progressed. Following these. Judge Vanderveer ruled that any obstruction which interferes with the orderly process of law is illegal. So the motion was de- i nied. Stookey Called. Carl Stookey was the first witness for the defense. He said he heard Tiala’s talk described by other witnesses, that Mrs. Tiala was there but did no more than any one el e there, that she just talked with the ladies in the crowd. He said he was there and did not see Tiala Rush Rovenstine from the Safe Pleasant Way To Lose Fat How would you like to lose 15 pounds of fat in a month end at the same time increase your energy and improve your health? How would you like to lose your e double chin and your too prominent abdomen and at the sami time make your skin so clean and clear that it will compel! admiration? Get on the scales today and see how much you weigh—then get an 85 cent bottle of Kruschen Salts which will last you four weeks. 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banister; that he heard Tiala caution fanners not to use violence. He said the organization did not plan violence but action in a mass body. When cross-examined by Royse, the youth said he just came to Warsaw that day as a dirt farmer. Then it was that Royse pinned him down, to tell why he had come to Warsaw. Stookey finally admitted he came with the crowd to attend the sale, not to bid. Thon when Royse insisted, “What for then,” Stookey said we didn’t come to start anything, we came to prevent the sale alontf with the rest of the farmers by mass action He said the farmers were to surround the bidders so thev couldn’t bid, but that no violence was to be used. The mass was too keep a bid from being made, to stop the si. ! Stookey admitted knowing he; sheriff was bound to male the sale i nd had to make it, < no s id he was doing this “mass lotion’ to stop tie sale. “Did Tiala give those instructions to stop the sale.’ snipped Royse. ; . sir,” answeied Stookey. Stookey said he yelled No with ti e est of (he crowd When Tiala asked if they were going to let this sale ;o through, th t ht; vva- am'ng these .ho took Bowser from the steps at d hen questioned admitted that inerrupting the sale vas obstructing, he sneiitV from doing bi d tv. Neal Fit kerton wrs c; lied. He w s it the Leesburg m-?e ing and at the •>u an>u e on J 2v. He s?.i<|. he nine t Wats w on business ;’,d aw the crowd so went over to the oi rthouse. He s id he didn’t see nvone knock • b.ovens.it.e off the banister. Ihe state .v • i el cross examineI ion. The court recessed for the n onhour. Alter Recess. First witness cf: the. afternoon was .Veldon M'cClea y<, a farmer south- - est of Leesburg, i e said he he rd inlays s> eech at she courtho.se and hat farmers should protest bv mass <ction, but that this did n* t c li so: . iolence. He said he eit n’t see Tiala' y b.a.-ds on anv&ue no: tell a y ne o grab Bowser.J \v hen he was ems -ex mi. ed by ’.oyse he said hq h d come to the ouithouse because f rme s h d been 1 ti'.e.i to come t<> pr test the shertl’s s; !e, that he cc- >e to heln the urners pr-.iect the r h n:es. He seid ■ re did not come to try to stop the J. P. Dormeyer of Lee bi rg, a rner was .called. He s id he had olunteered io serve on the comm tte which called on B vvser. He s’id Ti la had said farmers individually vould do nothing but collectively ould protect themselves. Jje said he saw none of the defendants do anyh:ng but talk to the er wd. In cross-examin tion, when Rowa: gR asked him, Dormeyer sad e was related to Ge rh rt’ whose :arm was sold. He. at mi:ted coming -o act collectively with the group to •top the sale but not to use violence C. Grissom o: Leesburg testified uuth the ,s?rne < s others had and hen Vv ill Hann, who rents a farm tear Syracuse, f ther of one of the defendants was called. He described he scene at the courthouse as one in »hich none of the defendants took oart in any. violence or t;ikingtaßovver off the steps. W hen cross-examined he sid he saw TL la when the group from A’a hington was put up at the Mock school, more than a year ago. He said they’d been to Washington to ee the president to see what they .■ould” get out of him for farm relief. He said on Thursday night before .he si le on Saturday, Tiala and his xife had come to the Hann home, ■ -ad had’supper and had gone] on to; 'dearhart’s house where they 'stayed. ' They attended the meeting iiji Lees—>utg as he did as well as his son : Jesse. Haim admitted Rovenstine couldn’t; hold the s le because he was pushed; ;>y the crowd and -because iof the] noise. He said Bowser vyrsl pushed! away. Mrs. Tiala “Didn’t Know. ” Mrs. Tiala was called to stand. She s. id she had lived in M nnesota all her life, biit had come to Indiana, with her husband on Jan. 20 because he invited her. She didn’t know why' he had come. She said she only sold

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literature and talked to farmers’ wives in the crowd the day of the „ sale. That she did not belong to the * United Farmers League nor any organization. That she made no public reniarks on the 20th, was not aware of having said No, when her husband asked if they were to permit the sale to be held; had never told anyone to stoj> the sale. When cross examined she sf.id her husband and she came to Elkhart and then to Kosciusko county in the mtlo belonging to a man named Milo Long. She said she did not know her husband came to qbstruct the sale. W hen asked what he came for, she saip she could not speak for her husband. She said her purpose in being there was to be with her hus- ; band. She s ad she never urged resi- : stance and was not al the courthouse :to prevent the Gearhart sale. She saiid she was not aware she made any demonstration to the crowd when her husband and she Kere arrested (such as projection of ariys). ’! Gi-arhcrt Called. Cl rence Gearhart s id when Bowseij told him hte bank would give hiijn two nion'hs to make arrangements '.vkh his sisters to pay on his f :■ . be k:.ea lie couldn’t do it with faitn prices down the way they are. He said, he he rd Ti la tell the crow’d nqt to use violence. When cross-examined by Royse he said his mother h d made the loan arid mortgage on. the farm in 1926; ■tiijoi she d!< in that he and tvjo sisters] had inherited it; that the interest v.as not p id up, taxes not pit id nor the princip 1 p id on. That t e knew suit vvas begun to foreclose . the mortg ge in 1933, that he had come to the judge’s office when he the si ijmrons and the judge <Hd him to see a law j er. That he had seen one, Het d iot set an ape- t ; nee ,or him. That he knew the f -reclosure wes se. for the 20th of Jm. but did rpt come to see about t ur :l he csmfe with the cotnmi tee .' i ihe uh io Howser’s office. j So»httfii:tg This Deal. Gearhart thev went to see if the president would stop foreil sures. He said addressing the couit. “1 he es aj new deal on* you undent nd th A lout You? Ive as much right for something out of it as the land company.” i He srid he qouldn’t pay up all due -flom aire rs and pay on ahe d. nd siaia if t;e batik \iOvll do something he would, that it w s up to the bank to delav and ipake it less if the NewDeal was wortih anvihing. |He sld be couldn’t do anv hing with a mortgage so high in the time of a depression. He s id he thought i:’ farmers would protest the t; king of their home, they’d get some ac-l t cm. . ’ g President Not on Trial. When u e.-tn nrd why he s.ayedi jContinued on page 3) ......

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