The Birmingham age-herald., 1923-12-01
GOVERNOR M'CRAy
 INDICTED BY JURY
Indiana Chief Must Answer To EmbezzIement And
 Fraud Charges
TNDTANAPOTIS Ind.

INDIANAPOLIS, Ind, Nov. S0.- Warren T. McCray, governor of Indi- ana, is under indictment on 191 counts charging criminal action in his financial manipulations involving state money and funds of the Dis count and Deposit bank at Kentland, Ind, of which he was president until his financial crash last August.
 Eight indictments charging the governor with forgery, embezzlement, issuing fraudulent checks, false pre- lenses by the use of forged notes, grand larceny and issuing false fi- nancial statements, were returned by the Marion county grand jury Fri day after two months investigation of every angle of the governors cha otic finances.
 The indictments contained the larg- est number of counts ever returned at one time by an Indiana court against one individual. It is the first time governor of the state has been indicted for criminal acts during his term of office.
 The governor is charged with:
 Embezzlement of S10,000 of state money from the Discount and Deposit bank.
 Embezzlement and grand larceny in connection with the use of s155.000 of the funds of the state board of agri- culture.
 Issuance of fraudulent financial statements to 24 banks in Indiana in order to obtain loans.
 Issuance of 97 forged notes. Intends To Fight.
 McCray assumed defiant atti- tude when informed of the indict- ments. The fight Is only starting" he said.
 The governor charges he was not given square deal because he was not permitted to appear before the grand jury and tell his side of the story.
 Such action, according to Judge James A. Collins of the Marion >coun- ty criminal court, would have been in direct violation of state law and would have converted the grand jury probe into secret trial.
 McCray refused to discuss the pos- sibility of his resignation in view of the indictments.
 T have nothing to add, except that I'll contest the case to the end" he said.
 There is no provision under Indiana law by which a governor can be re- moved from office unless he is con victed. In that event, he will be dis franchised and disqualified from holding public office.
 It will be impossible to impeach the governor unless he should volun- tarily call a special session of the legislature. This is highly improba- ble.
 legislature will not convene until January, 1925, after McCray's terms has expired.
 To Serve Writ Monday.
 A writ will be served on McCray
 
 after a preliminary hearing. In all probability. McCray will ask for a change of venue from Marion coun- ty. His attorneys already are mak- ing preparations to carry the case through to the state supreme court if he should be convicted.
 McCray's financial difficulties first became known when he resigned as president of the Kentland bank last August and called a meeting of his creditors-nearly 200 in numbers-to inform them he could not meet his obligations
 He declared his reverses were due to the general agricultural depression and asked for time to liquidate his holdings under more favorable con ditions. His liabilities total nearly s3.000.0 900. His creditors claim that his equity in a large part of his ag- ricultural holdings in Indiana, Iowa, Michigan, South Dakota and Canada is practically negligible.
 Request for the grand jury probe which led to McCray's indictment was made by bank at Marion. Ind, which charged irregularity in the notes he had given the bank. After the grand jury probe got under way, three of his creditors filed a petition in federal court to have him declared bankrupt. Hearing on the petition has not been completed. McCray was on the stand five days testifying at the hearing. He ad mitted he had used one of the GUS todians at the state house, an inn | pecunious and doddering Civil war veteran, as "go- between" to get loan of $30,00 and had signed the | names of his farm managers" to notes without their consent.