South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-04-14
CLOSE ARGUMENTS
FOR PRELIMINARY
TRIAL OF HONDURAS
Decision Held Over by Special
Judge Metzger Until Mon
day Morning.

Eras. accused or Staying JOnn koi-
axis. wealthy Greak merchant. last
January. was brought 10 a close by
the defense and the state at three
O'Clock yesterday and the decision
was held over by Special Judge Met
oyer until Monday morning.
The final witness for the state
vas examined shortly before noon
end arguments were begun upon the
opening OF the court at 1 o'clock.
Isaac Kane Parks. local attorney
and assistant TO the state in the
prosecution OF the defendant. was
the first 10 review the evidence pro-
duced in the trial which lasted al
most two days.
With this review and summary
Of the evidence p, Parks said ct end
q task and attempt 20 pay back a
debt which I owed 10 John KOlakis.
O. client and friend OF mine whose
life was taken by brutal assailants
who believed that they must pay
back the revenge and hatred that
was buried in their hearts. Let us
review the evidence that has been
presented 10 us A threat was made
in the Office OF Atty. JerneEan. But
fhen when the thought came to the
defendant that a lawyer had heard
Glis remark. he quickly turned Il In
10 a Joke and casual remark by at
tempting 10 laugh 10 away. on two
orr instances threats were made
los Gus Hondras.
Testimony Conflicting.
This brings us 10 the theory OF
private revenge. The testimony OF
the defendant has been conflicting
1n many details Yet at all times
has has tried 10 make US believe that
NE first learned Of the disappear
ance of his cousin. John Kolakis
1n the Palace Of Eats restaurant at
1890 o'clock when ready 20 go TO
his room 20 bed When he was ask
cd about a boathouse at Eagle Point
ne replied that he had never heard
OF or seen il. Mrs. Cruu today tes-
titled that he had rented the cot
tagc from her about Dec l. He
paid the rent for one month When
she won't 10 look for him in Misha-
waka later 10 collect an additional
sum that was owed her she searched
high and low for Gus-Gus Stevens"
Atty. John NJ Raab took up the
argument for the defense and at
temrted 20 offset the evidence set
forward by Parks. 1.-THE attorney
Tor the state has dealt for some time
on the threats made by Gus Hon
dras against the life OF John Ko-
lakis the former client Of Mr.
Parks" he said The defense does
not wish 10 take up a great deal OF
court time by attempting 70 show
the wrong that is being done here.
Rather we will make a few observa-
tions that are paramount i'm the in
terests OF this case"
Witnesses Lost"
TT has been testified that a
threat was made in the office OF
Atty. Jernegan in the presence OF
three of four persons. Where are
those persons They have not been
here as witnesses to the statement.
80, but Ralph Jernegan. attorney
for the state was here and told Of
f. They speak of the variations in
the stories told by Gus Hondras.
saving that he did not remember
certain things that would have been
helpful 90 the state i'm its prosecu-
tion of this case Yes. he can not
remember any more than Mr.. Parks
can remember about the other topics
discussed .by Hondras at the time
the first threat was made"
Cherries Bingham. also an attorney
for the defense. next took up the
argument in behalf of Hondras. He
read the warrant which charged that
an atrocious crime had been pre-
meditated and committed by the de
PENDANT signed by George Poras
Where IS the man that signed this
warrant If ne knew Gus was guilty
of this crime why has he not testified
g it I'm behalf of the state2 With
The posltiveness OF the supreme court
itself. the state has said that the
reason for the lack Of evidence on
its part has been caused by the fact
that a Greek viii not tell on fellow
Greek. However. I can not see where
any effort has been made to make
those Greeks come here and be given
an opportunity TO testify as 10 what
they know. II they viii not tell aft
or being called here then the court
has ample means TO bring about a
remedy.
Both Are FOrgetful
The friends OF Kolakis have not
appeared. The prosecution has beer
wholly i'm the hands Of the two mer
interested in the financial affair Of
the dead man. Because Gus HOnd-
ras can not remember where he wa,
for DAYS preceding the disappearance
or kolakis he IS a murderer yet
the attorney aiding the state. can
be excused because though aided by
many notes. he forgets large parts
OF conversations and testimony"
In closing the afternoons argu-
ment. Prosecutor Bowers summed
I'D the most tangible evidence and
presented the object Of the state in
the case. we have tried 10 show
that a crime has reen committed r
he said and that there is strong
probability Of the guilt ow the de.
PENDANT. The penalty for this charg,
is the most severe OF all as II is
case OF murder in the first degree
We are simply here 90 show tina
there are circumstances sufficient q
warrant the holS-S Of Gus Hondra.
until the grand jury is called n
May"
Murder Case Proven
- venture 10 say that no counse
here has ever before dealt with a
case in which the situation has beer
As unique and strange as in thi.
one. II has been intinated that nc
murder evidence has been produced
By the state Right here 7 want "a
say that when bullet is found In
the brani OF the man whose body
was discovered upon the banks OF
THE river following strange and