Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-01-08
BABE PAYNE'S
OUT AND BACK
IN OLD HAUNTS
Murder Indictment Against
G. o. P. Henchman of
Underworld Dismissed.
MAKES ADAMS STRONG

uAh Ed HOAIAO ~ w.
Sohn. alias Babe, Payne, negro
henchman of the republican machine
that controls the neighborhood of the
old .'red light" district in East
Court street and still handles the
whisky, poker and bawdy house
gnrivileges of that vicinity, is a free
man today.
Until Prosecutor Claris Adams
slipped into the Hancock circuit
court and quietly dismissed the in
dictment against Payne for lack of
Evidence" this negro was charged
with murder in the first degree.
when Adams decided that he would not.
or could not, prosecute the case further.
APayne was released from Jail and headed
Shack to his Court street haunts firm
convert to the good government theo-
ries SO ably expounded by Adams IN
hts last election. Babe Payne isn't ex-
pressing any desire to see Adams de-
feated for denomination this coming
spring
al SHOT AND KILLED
ANOTHER NEGRO.
All Babe Payne did was to shoot and
- fatally wound Oscar S1mms, another ne
gro. in q poolroorn at Washington ana
Liberty streets Simms died in the city
hospital as a result of the revolver shot
The story of the crime was duly
chronicled in The Times Of July Is, 1919,
as follows:
oscar Simns, negro, IS North LIB
y erty street, died at the City hos
pital today as the result of a bullet
wound. Simms was SHOT by John
Payne, negro, 553 East Court street,
N it is said, following a quarrel in a
poolroom Sunday at Washington and
liberty streets. Payne, who was
Serested by Patrolman Marren, will
be charged with murder He told
this police that Simms knocked MS
wife down. Sergt. Winkler of the
morals squad, said the cause of the
shooting was that Payne believed
Simms turned him up TO the po-
d lice and caused a raid to be made
on the East Court street house.
where lot of whisky was found Sat
urday afternoon.
@On the charge of operating
blind tiger Payne was fined S1OO and
costs and sentenced to serve forty
DAYS in Jail Monday by Judge Prttch-
ard. The shooting with intent to XIII
charge was continued. until 1t was
~ learned whether Simms wound would
prove fatal. Blind tiger charges
~ against QdAo- a WSAC N4+HA-A-SA0-
In the course of events Prosecutor
Adams bestirred himself sufficiently to
obtain the indictment of Payne on
charge of murder. This exhibition Of
ability to "see criminal intent in the
shooting Of an unarmed man, was fol-
Moved by a motion for u change or
Aaue filed by Ira Holmes, we'll known
Atfcal figure in the criminal court, who
red as counsel for Payne Judge
is sent the case to Hancock county,
e It was duly entered on the calen-
and set for trial in a period of time
contrasts favorably with the gen.
course Of such cases in Marion
PITY. ca.,a
prosecuted the case against Payne
Ypersonally. According to those who
y heard the trial he made ga vigorous fight,
especially in his argument" to convict
Payne.
But. to quote one man who heard the
rial "he didn't have the evidence and the
u=T stood six to six"
.vestigation OF the list Of witnesses
named on the indictment discloses that
hhe police officers who were active in
NJ case when it first came to police at
tfOn were not called to Greenfield as
8nesses 1t also discloses that only two
b a long list Of witnesses were actually
rved with subpoenaes to appear in the
sneock circuit court. Copies Of the
ummonses were left for the others at
their last known places Of residence, all
aof which appear to have been in the
Court street neighborhood.
~sERGT. WINKLER
NOT ON INDICTMENT.
sergt winkler,- who is quoted in the
report OF the case above. was not named
Indictment Others.
- have since related that the quarrel
In which Simms lost his life was q dis
nute over a nickel change involved in
navment for contraband liquor, were not
among those who were present at Green
field.
Rut Adams made a great "closing argu-
inent." according to those who were IN
court. and the only thing that prevented
the state Of Indiana from convicting
PAYNE appears to have been the absence
~ the necessary and available evidence
Of the offense charged.
This deplorable absence is now ex-
nlained as due to the alleged fact that
certain witnesses for the state changed
their testimony in the months between
the period when Simms was shot and
PAYNE was tried. What steps, If any,
we're taken by the state to ascertain
whether any one was perJuring hlmset
are not disclosed by the records.
However having determined that the
best interests of the state would De
served by dlsmissing the case against
Payne, Mr. Adams found no difficulty In
freeing the machine henchman. His mo-
= tion for the dismissal Of the case was
+ not challenged by the court, for the rea-
son thst the court realized it would be
a useless to attempt to try Payne again
without more evidence than Adams pre-
sented before and there was. no indica-
of any more evidence being brought
into a second trial than had failed to con-
vict In the first trial.
In the adjoining counties are now a
number Of criminal cases which have been
Continued on Page Thirteen.)