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The Indianapolis Star from Indianapolis, Indiana • Page 1
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The Indianapolis Star from Indianapolis, Indiana • Page 1

Indianapolis, Indiana
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THE INDIANAPOLIS STAR Today Rest Now, or Never. South Carolina For Him. Peace and Good Will. Happy Conference. By Arthur Brisbane Deportments and Features.

Sport 14, 15, 18 Classified. .19, 30, 21 Financial 17, 18 Comlci 11 Editorials Radio 10 Woman' 4, Serial Story 11 Telephone MAin 4000. INDIANA'S MOST METROPOLITAN DAILY. Cloudy and Moderate VOL. 25.

NO. 257. Entered as Second class Matter at Post Office, Indianapolis, Ind. Issued Daily and Sunday. FRIDAY MORNING, FEBRUARY 17, 1928.

Dally by Carrier, 13 Cents Per Week: Sunday. 10 Cents Per Copy; Mail by Zones. 75c to $1.00. THREE CENTS. ft LOS ANG-ELES, Feb.

16. II j) HI III 1 1 47. S.BacksPlan toEndWar JUDGE DIRECTS VERDICT, DECLARING STATE FAILED TO PROVE CONCEALMENT AFTER THE VERDICT. Stall Photographer.) TF YOU mean to retire with a little rest and leisure before the end, DO IT. Don't wait.

Death does not wait, especially If you work beyond the natural time. Eddie Foy, popular 71 years old, was on his way to California "to rest and end' the balance of my life." He thought he would work "just a little longer." He is dead now in Kansas City, where he worked literally until he died. Heart disease struck him yesterday morning just after he had left the stage. An athlete, breaker of records, with big lungs and chest expansion, was amazed when the life Insurance doctor told him, "You are a bad risk. We can't take Next to no exercise the dangerous thing is overexerclse.

You can develop muscles almost with out limit, but you have only one heart and It will stand only so much. It Is pleasant for to admire and tor to see, for to travel this world so wide. It is a good thing also to remember your birthplace and your own people, convinced that both are the best in the world. W. H.

Genoble has a good permanent job with the railroad at Barstow, here in beautiful California, and likes it. "But," says he, as he takes your baggage checks, "The best state in the Union is South Carolina. I have 132 acres, twelve miles from Spartanburg-in the foothills of the Blue Ridge mountains and that is where I am going soon to start a dairy farm. Would you have a water pressure tank underground or on a platform up in the air? South Carolina has more water power than any state. It is finer in every way than every other state.

If the people knew about it as I do, it would be so crowded you couldn't move around." Such citizens, enthusiasm and loyalty build this nation. Christianity came to establish peace on earth and good will to men but the establishment Is slow. Roman Catholics and "Orthorox" members of the Greek church, meeting in the Holy' Nativity chapel in Jerusalem, engage in violent fist fights. Great Britain with the Palestine mandate is criticized for not policing the place more thoroughly. The British say they do not want "to complicate their mandate." No wonder.

Insert in your prayers a few words of thanks that Uncle Sam was not saddled with any war mandate in the war excitement. He lent 000 which he won't get back and got prohibition which is about all he can manage. Some preachers tell President Coolidge it is not "Christlike" to demand a big navy and preparation for war. The President 'can reply that other nations did 'not show any particular tendencies in the big war; I also, that when that war came I many clergymen were enthusias-, tic about the duty to buy bonds I and kill Germans. I If another war came and found Us unprepared as It would just now, since we have no flying machine fleet the clergy would 'join with J20.000, 000 others in 'asking President Coolidge, "Why didn't you get ready?" The conference at Havana is about over, and, as Mr.

Rogers says. Uncle Sam Is to be congratulated on going into a conference without losing anything; no battleships scrapped to oblige nations that couldn't afford to compete, no silly promise not to fortify Guam or do anything with-! out the consent of Britain, France or Japan. The Argentine republic wanted to rewrite the United States tariff, to compete with American farmers, but the Argentine didn't have Balfour as representative, so this country said no. We can handle little republics. Britain is too much for us.

i i Last year this country spent 1600,000,000 for radio products, machines and parts. Nineteen hundred and twenty-eight will see the first radio presidential campaign. The world changes swiftly, adapting itself readily to new methods. Radio employs 300,000 people and broadcasting reaches people. (Copyright.

1928. bv the Star Company CONVICTED BROKERS CITED FOR PAROLES COLUMBUS. Feb. sentences of William H. Chatfieid Jr.

and George Beazell. Cincinnati (O.) brokers, who were convicted in 1923 of embezzling more than $1,000,000. were commuted today by Governor Vic Don-i ahey. The action was taken so that the men may be considered for parole when the state board of clem-eacy meets March 6. a L.

7 I 7 7 7 BODY BELIEVED FLIER'S FOUND Thought to Be Dole Race Victim, Lieut. Knope of the Miss Dor an. VENTURA, Feb, 16. (A The body of a man believed to be one of the missing trans-Pacific Dole fliers was washed ashore near here today. The only identification possi- ble was bits of as that of the navy, clinging to the body, which gave evidence of having been in the water some time.

The only naval aviator unaccounted for in the Dole flight was Lieut. Vilas R. Knope of San Diego. He was the navigator of the ill-fated Miss Dor-an, which carried John A. Pedlar as pilot and Miss Mil Lieut.

Knope. dred Doran as a passenger. Ped Iar and Miss Doran were from Flint, Mich. The body was found in shallow water along the coast line near Hu-eneme, Cal. Investigators said the body was that of a man about thirty years old and an athletic type.

Flesh from the arms and legs had been eaten away by deep sea fish. About the neck remained a band which is thought to be that of a naval aviator. An inquest will be held tomorrow at Oxnard, where the body was taken. In the Dole flight five planes started from San Francisco for Honolulu, where the first to arrive was to be paid a $25,000 prize. Only two reached their goal.

GARRETT SPEAKS ATLOVE FEAST Warns Democratic Party Against Being "Victim of Its Own Folly." Finis Garrett, minority floor leader of the national House, as the princi pal speaker at the annual love feast of the Indiana Democratic Editorial Association in the Riley room of the Claypool hotel last night, warned his party against becoming a "victim of its own folly" this year as it did in 1924 by blithering over "imaginary goblins." The speaker did not mention the Smith-McAdoo deadlock in Madison Square Garden four years ago or explain his fears about tho results at Houston in June. "In 1924," Mr. Garrett said, "although they (the Republicans) had no heavy artillery with which to bombard us, we, nevertheless, broke ranks before we had gotten close enough for them to see the whites of oureyes. "Heaven Forbid." "Is it possible, I wonder, that a great party, grounded in traditions of glory, a great party which has written nearly every permanent chapter of American law, is again to fall a victim of its own folly and blither -about non-essentials, fight with passionate abandon over imaginary goblins and academic abstractions, and forget the substance which challenges our bravest and our best? Heaven forbid." Prior to the speech of the minority floor leader a resolution of the editorial association indorsing Evans Woollen as the Hoosier choice for the Democratic nomination for President was adopted with enthusiastic cheers and applause. Frederick Van Nuys, former United States district attorney, made the address moving the adoption of the Woollen resolution.

During the day's activities of the Democrats the state committee set Wednesday and Thursday, June 6 and 7, as the date for the Democratic state convention in Tomlinson hall, and the platform advisory committee, composed of a man and woman from each district, held its first session to discuss tentative planks. Beadle Introduces Speakers. K. Parke Beadle of Delphi, president of the association, presented Dale Crittenberger of the Anderson Bulletin, as toastmaster. The invocation was by the Rev.

Lewis Brown, and Mayor L. Ert Slack made the address of welcome. Other speakers were Louis Ludlow, veteran Washington correspondent and prospective candidate for the Democratic nomination for representative in Congress from the Seventh district (Marion county) John Day DePrez of the Shelbwille Democrat, who is to CONTINUED ON PAGE SEVEN. MOUNTED WESTERN BANDIT ROBS BANK TUCUMCARI. Feb.

Swinging from his saddle at the door of the First National bank at Nari Visa. N. a bandit on horseback today knocked Mrs. Blanche Watts, cashier, unconscious when she resisted and fled to the hills with several thousand dollars. HUGHES OUTLINES PEACE PROPOSAL IM CUBAN SPEECH American Chairman Tells Pan-American Conference Country Opposes All Acts of Aggression.

HAVANA, Feb. 16 Charles Evans Hughes, chairman of the American delegation at the sixth Pan-American conference, amid the applause of the representatives of all the republics of the Western world, today threw the whole weight of the United States behind the proposal to outlaw all aggressive warfare in this hemisphere. At the same time Mr. Hughes outlined to the conference a plan for the maintenance of American peace. He was a rain enthusiastically-applauded rwhem he declared his coMntry to be "opposed to any acts of aggression, desirous of seeing force abolished from this- hemisphere and seeks nothing but the prosperity, independence and friendship of all the Amer ican states." Convention Text Approved.

The committee on Pan-American Union affairs first met and approved the final text of the convention relating to that body, as well as a resolution to provide a modus Vivendi for its organization until the convention is ratified by the governments. Then the committee on public international law met and selected ror discussion the report on pacific settlement of international disputes, originally prepared by Ricardo Alfaro of Panama and elaborated by the subcommittee. Early in the discussion Fernando Gonzalez Roa of Mexico introduced resolution in wnicn an aggressive war was declared illegal and providing that international disputes should be settled by pacific means. This proposition had the fullest support of Mr. Hughes, when he spoke soon afterwards.

"The United States joins most neartny ne saiu, "in the declaration that there shall be no more war of aggression in America. We must show that tnis CONTINUED OX PAGE TWO. MOTION HITS HOLMES' SUIT Motion to strike out the paragraph of the quo warranto complaint of Ira M. Holmes, in which Mayor Ert Slack is charged with conspiracy to deprive John L. Duvall of his legal rights, was filed in Marion Circuit court yesterday by attorneys for Mayor Slack on the grounds that the charge has nothing to do with Holmes's claim to the office.

The position is taken in the motion that the charge that Slack conspired with Claude M. Worley and John W. Holtzmann to have the mayor's office declared vacant does nothing to etroncthen Holmes's claim, but is designed to weaken Mayor Slack's position. The motion further asked that the second paragraph of Holmes's quo warranto complaint be sticken out because it is a repetition of the first, making allegations that are "irrelevant and confusing." Claims Irrelevancy. The motion cites the following section of Holmes's complaint as being irrelevant: "Your relator (Holmes) further says that the resolution above referred to as 27, 1927, introduced in the city Council of the city of Indianapolis, as a result of a conspiracy to deprive the said John Duvall of his legal rights to the office of mayor and to deprive the citizens of their rights to elect a mayor of the city of Indianapolis.

The second section cited is: "Your relator further says that in furtherance of said conspiracy to de- CONTINCED ON PAGE SEVEN. WEATHER FORECAST. Jim Crow says: A nose on the grindstone is worth two up in the air. Forecast for Indiana for Friday and Saturday Snow Friday, colder by night; Saturday partly cloudy and moderately cold. Forecast for Indianapolis and vicinity for Friday and Saturday Snow Friday, colder by night: Saturday partly cloudy and moderately cold.

L'nlted Statrs Weather Bureau Social Report for The Indianapolis Star. ALMANAC OF THE DAY. Sun rises at. I Sun sets at. 5:53 WEATHER CONDITIONS YESTERDAY.

Relative Humidity. a.m. 84 54 pet. 17 p. m.

57 pot. Precipitation. Amount during twenty-four hours ending st 7 n. "I Total amount since Jaw. 1.

1928... 4.62 Accumulated departure from normal since Jan. 1 (excess I IS Temperatures. a. 31 Wet 30 37 Noon rv 36 Wet 31 p.

33 Wet 19 31 For the Sams Dats lst Tear. a. 5 1 Maximum p. ii I Minimum 47 (Photo by Star NORMAN B. BEATTY AND Smiles wreathed the face of Governor Jackson yesterday afternoon after Judge Charles M.

McCabe directed that he be acquitted on the grounds that concealment of the al Factory Representatives Assert Indianapolis Display Outshines Rest. BT DAN V. GOODMAN. Automobile Editor of The Star. Favored by cold but fair weather, the seventeenth annual automobile show came Into its own last night from the standpoint of attendance as any one of the several thousand who packed and jammed the aisles and crowded around the exhibits can testify.

Despite the rain of Monday and Tuesday, John Orman, show manager, announced at closing time last night, that the attendance so far this week is up to par, as compared with previous attendance totals. It is only natural for Hoosier folks to be ultra-complimentary about the beauty of the show building and the individual displays. But when factory executive after factory executive says in all sincerity that the local show offers more in the way of attractiveness than shows so far this year in such metropolitan centers as New York, Chicago, Cleveland, O. Detroit, Buffalo, N. and St.

Louis, it is in order for the show committee to "poosh out de chest" just a little farther. Visitors from Other Cities. One interesting feature in connection with the show is to walk or drive past the rows of automobiles parked in the fairgrounds and see the large number of cars bearing tire covers that indicate the owners are from out of town. Yesterday we saw cars from Bloomington, Mt. Vernon, Newcastle, Muncie, Noblesville, Lafayette, Terre Haute, Richmond, Con-nersville, Greensburg, Crawfordsville and Lebanon, and it is our guess that this list of towns comprises only about one-fiftieth of the various cities of the state that have been represented in the show crowd this week.

Thursday was designated Civic Clubs' day, and today or rather tonight will be Society night. It is expected that the majority of salesmen will strut their stuff in formal attire this evening which will add a bit of the "hotsy-totsy" to the occasion. Whether or not a salesman can become more prolific in the praise of his product in a tuxedo is debatable, but it seems that most expositions just have to find some kind of excuse for formal attire. It would be too bad if any show visitor gained the impression that he, to, must come all dolled up. As the show nears the end of Us engagement, surveys are being made CONTINUE'.) ON PAGE THREE.

COOLIDGE RECEIVES ALONE FOR 1ST TIME WASHINGTON, Feb. 16. -President Coolidge received alone tonight at one of the formal receptions of the winter social season for the first time since he entered the White House. He stood in the Blue room without Mrs. Coolidge at his side, forced to do so because illness has confined her to her room for a week, while officers of the army and navy and several hundred other guests filed by.

HOOSIER IS VICTIM OF PLANE WRECK BEDFORD, Feb. 16-U S)-The crash into Biscayne bay of a seaplane carrying nineteen passengers enroute late yesterday from Cuba to Miami. cost the life of Ray Jackson, pilot, today, according to a telegram from the widow received by Rex Jackson, his bi-other. Jackson, who wa 38 years old, is to bt buried her. LOCAL CAR SHOW GIVEN IS M'CABE DECIDES Holds No Positive Act Invalidating Statute Shown Attacks Klan Jury Returns at 5:05.

The transcript of Judge Charles M. McCabe's ruling yesterday afternoon, In which he Instructed the jury to return a verdict of "not guilty" in the rial of Governor Jackson, follows: I regret, gentlemen, that I have had to take so much time in the consideration of this matter. I do not know when I have had as puzzling a proposition come to me for determination as I have here. I have gone as carefully Into the matter as I could, in the time that I have taken. I had in mind, while counsel were arguing on this motion, particularly twj decisions, in which there were parties named Jackson, on one side or the other in one there was a Jackson on both sides, and In the other there was a Jackson on one side only.

I want to refer to those cases so that counsel on both' sides of this case may know just what I had in mind. Refprs to Two Cases. First, I shall refer to the case of Jackson against Hammond, 59 Indiana, 390. That was the crim con case that I spoke of before the noon adjournment. It is a rather short case, an action for criminal conversation alleged to have been indulged in by the defendant Jackson against the appellee.

(Reading case.) I realize that the authority is an attempt to set forth the character DEFENSE MOTION. Now at the conclusion of the evidence offered by and on behalf of the state of Indiana, the Ed Jackson, moves the court to instruct the jury to return a verdict finding the defendant not guilty. And, in support of his motion, said defendant assigns each of the following reasons: 1. That there is not sufficient evidence to prove the commission of any offense charged in the indictment. 2.

That the evidence wholly fails to establish the guilt of the defendant of any offense charged in the indictment. 3. That no evidence in the case shows proof of all the elements necessary to constitute an offense under the law. 4. That there is no evidence of the alleged acts of concealment alleged in the indictment, nor of any of such acts, and, therefore, no evidence of the offense charged.

and standing at the sort of concealment that is required in a pleading, in order to avoid the statute of limitations. The pleading would not only have to cover the substantive facts proved by such evidence, but, in a given case, might be required, and probably would be required where it is necessary to draw an inference to make allegations of fact to include such inferences as the jury might draw from the proven facts. Difference in Questions. I speak of that for this reason-that there is a difference between a question on the sufficiency of the averments of an indictment, measured by the rules of law. and the insufficiency of the evidence with reference to either a demurrer to the evidence or a request for a peremptory instruction.

The other Jackson case to which I referred, is found in 149 Indiana, at pages 243 and 247. (Reading decision.) That, of course was a civil case. Now, there is a case in 69 Indiana, 144. I shall refer to that later. The case in 1 Indiana Appellate, 553 a criminal case (reading deel-' sion).

Cites Other Cases. In the case in 69 Indiana, 144, the court said (reading from decision) The evidence in that case is not set out in the opinion and in reviewing the decision of the court below, the Supreme court dismissed the appeal on the ground that the verdict would require the court, first, to express an opinion upon the facts of the case, and then to draw a conclusion of law from those facts. Then.there is the case in 84 Indiana, 15 (reading from decision of case). I tried to fin out, gentlemen in determining this question, whether or not a mere scintilla of evidence would be sufficient to require the court to overrule the motion made in this case. My impression is that a mere scintilla of evidence which, I understand, generally means the least particle of evidence does not obtain in this case.

Mr. Johnson: A scintilla is not enough on appeal. The Court: Is it on a motion for CONTINUED ON FAGT: EIGHT. IMITATIONS BAR NO HURDLED CLOSES TRIAL ON Governor's Counsel Makes Plea as Prosecution Ends Evidence of Alleged Offer to McCray. Governor Ed Jackson was found not guilty yesterday of a charge of conspiring to commit a felony in an attempt to bribe In a directed verdict of the jury in Marion County Criminal court, where he has been on trial since Feb.

8. The verdict-was given at the order of Special Judge Charles M. McCabe of Crawfordsville, after he had sustained a motion of attorneys for the Governor asking a directed verdict of not guilty. The acquittal was on the ground that the state had failed to prove there had been any positive act of concealment of the alleged offer to bribe that would cause a cessation of operation of the statute of limitations. The jury's verdict was given at 5:05 o'clock.

The only appeal is on the right of the court to direct a verdict, according to Judge McCabe. The state can not take an appeal to the Supreme court on the evidence, he stated. A reindictment will not be possible because of former jeopardy. William H. Rcmy, prosecutor, and Emsley W.

Johnson, special assistant, said they had not given thought to the right of appeal and would study the matter later. The opinion was expressed by Clyde H. Jones, defense attorney, that no appeal could be taken because the prosecutor did not enter an exception "at the time of the decision." Mr. Rcmy said he understood "the length of time in which an exception may be filed is optional with the court." Judge McCabe said, "I will not be technical in the matter of an exception, but I do not believe it would do any good to make an appeal." Concealment Was Allegation. Judge McCabe, In commenting on failure of the state to show concealment of the alleged offense, held that even though it should be assumed that the state had proved a conspiracy existed and that Jackson had offered a bribe to ex-Governor Warren T.

McCray to bring about appointment of a prosecutor of Marion county in 1923, he would still have to direct a verdict of not guilty because of the fact that concealment had not been shown. Concealment was a material alle gation in the indictment against Governor Jackson, and its proof by the state was necessary in order to avoid the Btatute of limitations, which outlaws prosecution of an offense after two years. Judge McCabe, in ruling on the motion of Governor Jackson's attorneys, held that such concealment had not been shown. In his ruling he took occasion to make a scathing denunciation of the Ku Klux Klan and its operations in Indiana, characterizing it as an organization that has foisted "slime and disgrace" on the state. Governor Jackson received the action of Judge McCabe and the verdict of the jury with a smile.

Immediately after adjournment of court ho was surrounded by friends who congratulated him on his acquittal. He left soon afterward with his attorneys and his son-in-law. Dr. Norman Beatty, who has been with him during the greater part of the trial. Makes No Statement.

Governor Jackson would make no statement, reserving his comment on the outcome of the trial until disposal of indictments against his co-defendants, George V. Coffin, Republican city and county chairman, and Robert I. Marsh, his former law partner and former attorney for the Ku Klux Klan. Coffin and Marsh were Indicted jointly with the Gover nor on a charge of having conspired to bribe ex-Governor McCray with $10,000 and a promise of immunity from conviction in any court in his legal difficulties, if he would appoint James E. McDonald as prosecutor of Marion county to succeed William P.

Evans, his son-in-law. In a statement issued last night by his attorneys, Mr. Jones, Louis B. Ewbank and Silas C. Kivett, it was revealed the motion for a directed verdict was filed over the protest of Governor Jackson.

The statement, which revealed that Governor Jackson desired to proceed with his defense and waive the statute of limitations, declared that the Governor will make a public statement after disposal of the indictments against Coffin and Marsh, when he will reveal his evidence, which they say will prove him innocent of any wrongdoing or criminal act. Two Others Indicted. Prosecutor Hemy said he had not yet decided what disposition he will make of the Indictments against Coffin and Marsh, as to whether he will proceed with their trials or whether the indictments will be nolled. The motion for a directed verdict of the jury, acquitting the Governor on the ground that concealment had not been proved, was filed yesterday morning shortly after the opening of court. After placing Harry McGlenn, an investigator for the prosecutor's office, on the stand to testify that a subpena had been served on Robert DEFENSE MO RIB HY CHARGE ATTORNEYS' STATEMENTS Statements issued by prosecution and defense attorneys, after Judge McCabe late yesterday afternoon instructed the jury to acquit Governor Jackson, follow: I have no alibi to offer.

We have fought the case the brst we knew how. We have lost and that's all there is to it. I have been beaten before and probably will be again. We have not discussed the possibility of appealing from the judge's decision, and 1 am not prepared to say at this time whether we will pray an appeal or not. We have not discussed the pending cases of George V.

Coffin and Robert I. Marsh, and I am not prepared now to say whether wo will try them or not. WILLIAM H. REMY, Prosecutor. I have always felt, andstill do, that there was legal concealment.

One able judge, Oscar H. Montgomery, held so. Judge McCabe is an able lawyer and a conscientious one, and his opinion is different. I do not know what further steps will be taken, if any at all; that is up to the prosecutor and we have not talked the matter oyer. EMSLEY W.

JOHNSON, Special Prosecutor. As attorneys for Governor Jackson we filed and presented a motion for an instructed verdict over the insistent protest of Governor Jackson. It was his earnest desire to proceed with his defense that the public might have the opportunity to know the facts as they would be divulged by the testimony of himself and many reputablo witnesses. As attorneys representing not only the Governor but also his co-defendants who are yet under indictment, we insisted to Governor Jackson that he owed it to these codefendants to terminate the case at the earliest possible moment. When the indictment against his codefendants is disposed of Governor Jackson will reveal to the pub-lio his evidence and as his attorneys we have confidence that it will be such as to convince fair minded persons that the charge of any wrong doing or criminal act on his part is wholly without foundation and fact.

Persons desiring to know the general scope of his defense are respectfully referred to the opening statement for counsel for Governor Jackson at the beginning of this trial. As attorneys we are prepared to say that we have competent evidence of reputable witnesses to support each and all the facts and circumstances recited in that statement. CLYDE H. JONES, LOUIS B. EWBANK, SILAS C.

KIVETT. W. Lyons of Richmond, a state witness, who recently underwent an op eration in a Dayton (O.) hospital, the state rested its case. The motion then followed, precipitating an argument that continued until noon, when Judge McCabe adjourned court in order to read citations. Court reconvened at 2 o'clock, but Judge McCabe, busy studying the ci- tations, did not return to the court- I room until after 4 o'clock, when he began tho oral deV.ision on the motion that brought the acquittal of the I Governor.

Soon after Judge McCabe announced his decision, D. C. Stephenson, who as a witness for the prosecution testified he provided the which figured In the alleged bribe offer, was on his way back to the state prison at Michigan City. The life prisoner, who is serving a sentence for the murder of Miss Madge Oberholtzer, left the Marion county jail in an automobile with his guards at 5:30 o'clock. During the morning argument, Mr.

Remy had been placed on the witness stand to testify that in the period intervening between the time of the alleged offense and the return of the Indictment against the trio by the Marion county grand jury, Governor McCray had never informed him of the alleged transaction. "I still hold to the opinion I did have, as expressed before the testimony of Mr. Remy," Judge McCabe said, after Remya testimony. "That testimony fills one gap and supplies one missing item of evidence on the question of concealment." Falls to Convine Court. "It was our theory," Mr.

Remy interrupted, "on which we were proceeding, that an official would do his duty." "No one can say that you and Mr. Johnson did not do your duty and haven't done your full duty," Judge McCabe said. "Argument of the state has failed to convince the court, but I don't want to act precipitately and although I have indicated my state of mind, I will take time to examine the authorities." Returning in the afternoon and assuming the bench. Judge McCabe read two decisions which he said applied directly to the case at bar, and other decisions which he said were applicable. He then stated his conclusions, which he summed up with the assertion, "The evidence falls very far short of supporting the indictment, on the face of it, on the question of concealment" Comment Indicates Decision.

During the argument on the motion for a directcc verdict Judge McCabe made some important comments that gave indications of the way he would rule. At one point, Mr. Johnson remarked that "the court's com- CONTINl'ED ON PAGE EIGHT. GOVERNOR ED JACKSON. leged attempted bribery of Warren T.

McCray. when McCray was Governor in 1923, had not been shown by the state. Dr. Bcatty, son-in-law of Governor Jackson, was one of the first to congratulate him. WIFE SLAYS HUSBAND AT MOOSE CLUB Mrs.

Joseph Carson, about twenty-five years old, was charged with murder after police found her bend ing over the body of her slain husband, early this morning in the barroom of the Mooss Club, 135 North Delaware street. Four men were held for questioning. Carson was night bartender at the club. They lived at 1538 South Meridian street. The body was found by Motor Policemen Bushong and Oakley, who responded to a telephone call, which, it developed, was made by Ed Waugh 139 North Delaware street, who saw the struggle through a window.

Carson had been stabbed with an eight-inch butcher knife. Wife Is Hysterical. The men arrested were Arlie Con-diff, Will Edgemeier and J. H. Collins, all of the Moose Club, and John McCarty, 49 North Walcott street.

Mrs. Carson said McCarty was in the room at the time of the stabbing. Bodies Discovered in Brush Pile Near Covington Bullets Cause Death. Special to The Indianapolis Star. LAFAYETTE, Feb.

16. The lifeless bodies of Deputy Sheriffs John P. Grove, 55 years old, and William McClure, 57, who mysteri ously disappeared on the morning Feb. 7, while en route to the Indian reformatory at Pendleton with two prisoners, John Burns, 20 years old, and Samuel Baxter, 19, were found at 10:45 o'clock this morning on the farm of Charles Abdill, near Foster, Warren county. The bodies were lying side by side in a brushpile, about one hundred feet from the road, where the prisoners had evidently put them after slaying them in an attack at Maple Point, two and one-half miles southeast of Lafayette.

Bullet Wounds in Back. An autopsy late this afternoon at Williamsport revealed that Grove had been killed with two bullets in his back under the left shoulder. His face and head had not been injured, giving evidence that he had died with little resistance. He was driving the car at the time of the attack. McClure had been shot once through the back on the left side of his body, and there were four bullet holes in his right arm, probably made by two shots which went through his arm while he held it in a bent position, i McClure's head was crushed in 'he back, indicating he had been hit by some heavy Instrument.

The autopsy was delayed this afternoon until the arrival of Prosecuting Attorney Laurence, Davison of Lafayette. Bodies Lie on Robe. The bodies had been carefully placed on the horsehide robe, which was found missing from Grove's car when it was found at Decatur, 111., several days ago, and a few dead branches thrown over them. Grove's left arm had been placed half way around McClure's body and his right arm was at his side. One corner of the robe had been thrown over his head, covering his face.


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