The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1923-12-24

tanned by SHAW sister, Mrs. TO
THE hands that handled the bloody
pocketbook and the body would have
left blood on the steering wheel of
the car" said Pike. "Shaw's hands
and clothes were not bloody 1t would
have been impossible that blood should
not have appeared on the person and
clothing of the one who handled the
body
I'VE are not denying that a terrible
crime was committed. Prosecutor
Remy probably will appeal to you for
sympathy for the father and relatives
of the murdered woman. I extend my
sympathy with his. They are a fine
family and they lost fine girl.
Sympathy Not Issue
But sympathy is not the issue. Has
the State of Indiana proved this de-
fendant guilty beyond all reasonable
doubt?
You said. gentlemen, that you be-
ieved. under the law of circumstan-
| tial evidence, that it should be so
| strong as to remove every hypothesis
OF the defendants innocence before
you would vote for his conviction.
/ You took an oath to be governed by
/ the evidence alone.
Someone else got off that street
| car, dressed as an old woman, when
Mrs. Whelchel aighted-a stranger.
That was a crowded street car. The
testimony conclusively proved the de-
fendant never knew or saw the de-
ceased.
After Mrs. Whelchel alighted. it
was five minutes before any outcry
was heard Do you think this fine
woman would have stood on the side
walk talking to a negro? She would
not have stopped a second"
Questions the Mark
Pike then called attention to testi-
mony that the mark of the tire on
the sidewalk from which Mrs WHEEL
chel was abducted at Iowa and East
SITS, corresponded to the pattern Of
the left rear tire on Shaw's Ford auto
mobile.
Every one knows the front wheel
would go farther up on the walk in
making a sharp curve" said Pike.
Pike made much of the fact that
witnesses for the State had testified
Mrs. Wheschel had been dead for
some time before the body was thrown
over the bridge He declared the body
must have been disposed of by the
murderer late in the morning and that
Shaw was at home at that time.
He also called attention to the fact
lthat the railing on the bridge would
come to Shaw's shoulder and declared
1t would have been almost a physical
| impossibility for him to have lifted
the body over it. He called attention
to the fact that Mrs. Whelchels coat
was bloodstained, but that Shaw had
no blood on his person.
Speaks OF Savior
He concluded his argument by call
ng attention to the fact tomorrow is
Christmas He told OF the teaching of
Christ and Of his persecution, and
concluded with the beatitude:
BLESSED are the merciful, for they
shall obtain mercy"
| In opening his arguments Remy
read the indictment, charging Shaw
with murder in the first degree and
with robbery. and the law defining
| first degree murder. He described in
detail the States theory Of the move
ments of Mrs Whelchel and of Shaw
on the night of Nov. 27.
Against that testimony we have
the testimony OF John Shaw, uncor-
roborated in any way" Remy said.
after reviewing the evidence pre-
sented by States witnesses.
John Shaw presented an alibi. We
know the defense did not start out to
use an alibi, because they knew it
would not hold water"
Shaw Story Attacked
Remy attacked the story of Shaw
that he went to the home OF Jim
| (Hunky) John, Albanian, on the night
OF Nov. 27 to obtain liquor and that
John borrowed Shaw's car.
why did Shaw go to Hunky 9ohn's
place when he could get all the booze
he wanted on Indiana Ave.?" Remy
| demanded.
Remy pointed out that, after defense
had tried to shake the testimony OF
witnesses who identified a ring and
watch stolen from Mrs Whelchel, the
defense had later admitted Shaw had
had them.
Failing to shape this story of the
possession or these articles, the de
fense sought some other theory,
Remy said.
'They seized upon the theor essSt
| Mrs. Whelchel had been hit by sS.fs i