Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-12-08

one of the defendants. Barry testified
that after he had returned to Muncie
after appearing before the Federal grand
jury here last winter he was called to
appear before the Delaware County grand
jury. He went to william A. Thomp-
son, Judge Of the Circuit Court He said
Judge Thompson told him that it was
not necessary to testify before the
county grand jury.
REPEATS COMMENT ON
FEDERAL GRAND JURY.
When he went into the grand jury
room and told Benedum that he would
not testify he said Benedum shouted at
him:
ITO hell with the Federal grand jury,
it isn't running things up here"
The same remark was made by the
foreman Of the grand jury, the witness
added
Judge Anderson showed great interest
in the activities Of the Delaware County
grand jury at this particular time, his
questions seeming to indicate that he
thought that body was called together
for the purpose of finding out from
witness who had appeared before the
Federal grand jury as to what their
testimony had been before the Federal
body.
Mr.. Van Nuys said that he was sure
this had been the case and said that
Judge Thompson of the Delaware circuit
court had telephoned him in regard to
the matter.
Barry also testified that he had been
told that If he would tell the Delaware
County grand jury something on Gene
williams and Thomas V. Miller he would
be taken care of. He said he was asked
to testify that he had sold bonds in Gin
cinnati for Williams and Miller.
About this time Miller and Williams
were under investigation for alleged con-
nection with the robbery of banks at
Spiceland and Bryant. Nothing came of
the matter 1t is said that Prosecutor
Benedum is bitter enemy Of both Will
liams and Miller.
BLIND TIGER
EVERY THIRD DOOR.
L. Scott, negro policeman, was the hrst
witness to take the stand for the defense.
Like Owens he entered a general denial
Of the charges made against him. On
cross examination he admitted that IN
the Muncie red light district there was
a sporting house or Dllnd Tiger aoouV
every third door"
George Fox, captain of night police
took the stand for the Government after
he had changed his plea TO guilty He
looked tired and worn and had the ap-
pearance of q man who had been under
a great strain.
He corroborated testimony given by
Walter Barlow, manager OF the Club
Cigar Store. to the effect that Captain
Fox TIMED Barlow of to a liquid raid
to be made on his place.
FOX TELLS OF ONE
TIPPING INCIDENT.
CAPTAIN Fox added some Interesting
details about w. A. Mcclellan, judge Of
the city court.
1.-The search warrant was made out
against May Neiswander, Barlow's
sweetheart" he said, "and all day l had
been trying to find Mcclellan to get him
to sign It. ! met him about o; rs o'clock
that night. 1t was May q, 1920, and
told him I wanted him to sign It. He
told me he didn't have time and told me
to sign it myself. when | told him I
didn't like to do that he told rue that it
would be all right as long as he gave me
authority"
BE sure 10 take care Of Pete he then
told me. BY Pete he meant Barlow. So
went over and tipped Barlow on
Captain Fox said that after he went
to work that It was arranged by Mayor
Bunch. Chief Of Police McIlvaine and
himself that no raids were TO be made
by patrolmen without orders from Cap
tain Fox. The witness admitted that he
would have lost his Job II he had made
raids not authorized by the higher ups"
In view of the testimony brought out
at the present trial II is believed that
the next Federal grand jury probably
will investigate any connection Prose
cutor Benedum. Judge W. A. Mcclellan
and Thomas Hiatt, sheriff Of Delaware
County, may have had with the alleged
conspiracy.
Valuable assistance was given the Gov
eminent by the voluntary questioning Of
witnesses " Thomas V. Miller, attorney,
and himself a defendant who has pleaded
not guilty. Time after time he would
bring out from a witness evidence OF the
most damaging character against other
defendants and one witness, James Black.
under Miller's questioning, testified that
within the last two months he had been
approached by Sheriff Hiatt and Horace
Murphy. former prosecutor OF Delaware
County, and asked not to tell all he
knew in tho present trial. Murphy is
now out on parole from the Federal
prison at Atlanta, Ga, to which he
was sentenced by Judge Anderson
last year after having been found guilty
of connection with the famous Muncie
fake prize fight and swindle cases
FORMER CONSTABLE
EXPLAINS SYSTEM
Black, who was constable in the
court of Justice Owens, and has entered
a plea Of guilty in the present case, had
told. under tire questioning Of Floyd
J. Mattice, assistant United States dis
trct attorney, story Of Just how the
graft game was worked by Muncie Of
1cials. At the conclusion Of the testi-
mony Miller took him in hand and shot
a few questions at the witness regarding
Murphy. Black told a frank, straight
forward story.
Murphy told me he wanted to see me
and l went down to his house. He took
me out in the garage and said to me-
You don't have to tell all you know
when you are down In Indianapolis
81 told him I would tell the truth, and
then he said;
"'Suppose you went down there and
didn't testify to anything and when you
came back you got $500, would that
suit your