The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-04-12
One of Other Indictments to
Be Selected for Trial in
Criminal Court, Says C. w,
Nichols Special Prosecutor
Larceny Jury DiSagreeS,
FEDERAL CHARGES TO
BE HEARD APRIL 81
Thirty-FVe Ballots Taken in
Without Verdict Resulting
Final Vote Stands 9 tO'3
for Conviction - Defense
Indicates Disappointment.

Out of court temporarily as
result of a jury disagreement,
Governor Warren 7. McCray to-
day faces two more trials on
criminal changes.
The Governor will go on trial in
Federal Court April 81 on charge
of using the mails in a scheme to
defraud.
Clarence W. Nichols, special prose
cutor in Criminal Court, declared that
as soon as the Federal Court case is
over the Governor will be tried on
other charges pending in Criminal
Court. Other indictments charge him
with forgery, issuing fraudulent
checks and making false financial
statements.
The last formal ballot taken by the
jury in criminal court. which spent
nearly a month hearing the trial of
the Governor OF charges of embezzle-
ment and grand laEceny. growing out
OF his use of s155 900 of Indiana board
Of agriculture funds, stood to 3 for
conviction. jurors reported.
) Thirty-FTve Ballots Taken
About thirty-f1ve ballots were taken.
The first ballot stood to 5. Some
members of the jury said the majority
on this ballot was in favor of ac-
quittal and others said the majority
favored conviction.
After the first ballot was taken 1t
was said, an informal vote was taken
on one count of the Indictment. It
was reported this vote stood II to 1
for conviction. With only a few ex-
ceptions. the ballOting was 9 to 3 for
conviction, members of the jury
agreed.
At p. m. Friday Special Judge
Harry o. Chamberlin returned from
the ball game at Washington Park,
where he had spent the afternoon.
and sent for the jury At that
time the jury had been out near
" twenty seven hours without ask
ing for further instructions or max
ing a report of any kind.
Each Juror Questioned
Gentleman of the jury. have you
reached verdict" the court asked.
Jurymen replied in a chorus that
they had not. The court asked each
one individually if he thought an
agreement could be reached.
Each was emphatic in his opinion
that there was no possibility. They
replied: There is not a chance" "em-
phatically not" and with similar ex-
pressions.
Gentlemen, under those circum-
= stances, 1 accept your individual
9views," the judge replied. Il think
, it is useless TO hold you any longer,
and VIII now discharge you. thank
You for your services"
Disappointment Indicated
Governor McCray indicated his dis
appointment with the result, but
would make no statement for publi-
cation.
Nichols said:
IN view OF the fact that the Fed
eral Court trial is near at hand, we
will take no steps at this time to-
ward setting the next trial of the
Governor. lust as soon as that trial
is over we viii determine upon which
indictment Governor McCray will be
tried and will have the trial date set"
The defense has been unsuccessful
in it's effort to obtain continuance
OF the Federal Court case. James w
Noel, one of the Governors attorneys,
is in the Methodist Hospital, where
he underwent an operation. The de-
fense had hoped to obtain contin-
uance until he leaves the hosnifal Ii