Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-03-25

here by the Shelby County prosecutor;
in such a case the copy Of the indictment
would have been absolutely necessary,
said Mr. Evans
During the argument on the motion the
jury was again withdrawn from the
courtroom, and upon being recalled the
evidence for the defense proceeded The
State closed its side of the case during
the afternoon and the defense waived tLe
making Of an opening statement, first
placing Jacob jacquard on the stand.
MI jacquard was the foreman Of the
grand jury which returned the Indictment
against Bernacur. County Clerk Gordon
Thurston also took the stand to identify
the copy Of the indictment and the tran
script received here at the time the case
was entered here on a change of venue
from Marion County.
In overriding the motion of the defense
Judge Blair stated that the papers In the
case had been here for weeks previous
and also during the trial and no obJec-
lions had then been raised by the de-
Tense and the present time. when tn trial
was almost at an end. was no occasion
for the motion to he fled or the attempt
made to prevent the procedure.
Mrs Fanny OMalley. wife Of Edwin
OMalley Of West Ohio street. lndianapO-
lis. was placed on the stand for the de-
Tense and testified that Charles Jones
came 20 her home on the night Of Oct.
%. 1920: that he seemed excited, and that
she saw he had two rcvolv,-s one n As
caliber OF bIue steel while the other was
a nickel plated smaller gun. She said
she heard him tell her husband that
man had been shot with n rs and that
he wanted TO get rid OF his and advised
her husband to get rid Of the one he
owned. She testified that be wore a
brown suit and light brown cap. She
said his wife Mrs. Iva Jones. came to the
house and Mr.. and Mrs. Jones left to-
gether. On questioning. Mrs O'Mal-
ley said she is "A years old had been
married three times and did not know
the whereabouts Of her husband, who is
wanted by the Federal officers on
charge Of stealing autos. She admitted
having been arrested on statutory
charge while she was living with her hus-
band at the boarding house operated by
Lee Eusley, n horse trader OF Indian
apolis. al 10 West ohio street
TEsTITIEs BERNAUER
- DRUG ADDICT.
Ensley, formerly a resident Of Shelby
Vile, testified for the defense that he
had frequently seen Bernauer taking
drugs which he described rs small,
white pills, although he did not know
the kind. Ensley said he personally had
never sold any dope" He stated he had
, operated an designation house at the
Ohio street address until last Jan 10,
when he had sold the place to Lon
Pierceheld, but that he still resides there.
When asked how many times he had been
arrested Eusley answered that counting
al the times 81 would probably be about
fifty or sixty times.
The third witness for the defense was
Leslie Scott Of Chicago. who was re-
leased from the Marion County jail last
saturday. where be had been held on
charge Of obtaining money under false
pretenseS Scott said he was placed in
the jail under the name Of II r Har-
ris" and that he was cell boss OF the
''bum row." while Carl Bernauer was
confined there. He said that he saw Ber-
nauer using drugs-two and three times a
day and that the defendant obtained the
article from Herman Shapiro and two
other prisoners who were under Federal
indictments. Mr. Scott said the drugs
had been brought into the Jail by the
prisoners and stated that Shapiro had
given Bernauer the drug during the
month Of December; on cross-examina-
ton the State contended that Shapiro
s. 1921
BERNAUER'S FATHER
Is WITNESS.
Charles 4. Bernauer, father OF the de
PENDANT, who has been permitted to re
main at the side Cf his son. during the
procedure Of the trial. was the closing
witness Of the day. He told of the visit
made by him with Lieutenants Manning
and Reynolds, to the Jail on Jan. 81, 1921
at which time he said his son told Of
his actions on the night Of Oct D. 1921.
where he was and what he had done. and
said the defendant ended with telling
him that he was giving the absolute
truth. Mr.. Bernauer stated he had
known his son was user of drugs for
over a year and that during the time
Carl was confined In the Marion County
Jail he had appealed to Judge James A
Collins. to prevent any Of the drug being
given his son. Judge Collins referred
him to Prosecutor Evans and ne said
Evans sent him 10 Sheriff Snyder who.
with Deputy Sheriff George Miller, prom
Used him that the defendant would not
be given drugs. On the morning of Jan.
81, 1921, he said that Carl was not under
the influence of drugs, but that he had
visited him at the jail when he knew
he had been using the drug Mr.. Der
nauer has been a member of the Indian
apolis police force for over twenty three
years. He testified that he did not spend
much time at home and therefore could
not say where his son was staying most
Of the time.
REPEATS DYING
WORDS OF VICTIM.
Following the action of the court in
overruling the motion of the defense to
prevent the submission as evidence Of a
dying statement said to have been given
by Samuel Eaids to Motor Policeman
Fred II. Drinkut, shortly before his
death, Mr.. Drinkut told of the words
spoken by Eaids. He said he acc0mpa-
MED Sergt. Louis johnson on the emer-
gency squad which answered the call,
following the shooting of Eaids. That
when he entered the store he found
Eaids lying in the center of the floor and
realized be mortally wounded. He
called for the ambulance and while wait
ing for Its arrival said Eaids told him
that a heavy set man. about > feet 6
inches tall, had entered the store and or
dered him to hold up his hands. Eaids.
he said. told him that he stopped behind
the counter to pick up pop bottle from
case, and as he did so the intruder
fred and Eaids fell. The man then ran
to the cash register and removed all the
paper money, amounting to about $50.