The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-05-26


having Mrs. Whelchel's watch
The State rested its case this
morning shortly after opening of
the sixth day of the trial. the second
Shaw has had on the charges. A
death sentence given him in Marion
County Criminal Court was reversed
on appeal because change Of venue
was denied.
Mrs. Whelchel's bruised body was
found early Nov. 2S. 1923, on Big
Four Railroad tracks west of In
dianapolis. She had been robbed and
beaten to death, and her body
thrown from an overhead bridge.
Case Near Jury
The defense expects to conclude
its testimony. this evening or
Wednesday morning, after which
the case will go to the jury.
John Shaw, did you kill Helen
Hager Whelchel?" asked Shaw's at.
torney. Silas c. Kivett, of Martins
vile.
mo, sir" Shaw answered. II
never saw her or heard OF such a
person until after / was arrested.
never touched her, dead or alive"
Shaw's testimony was mainly In
the form Of a routine catechism Of
questions by his attorney, covering
each point OF the States evidence,
and the reply mo, sir" by the de-
fendant.
Remy Objects
The form Of the examination led
to a clash between Kivett and Will
liam II. Remy, Marion County
prosecutor
II object to this form Of
testimony" said Remy IT think
the witness should testify. and not
Mr.. Kivett. All the defendant has
done is answer Yes or No."
IT'S moi truew shouted Klvett,
leaping to his feet.
Judge Joseph II. Williams re-
stored order with his gavel, and in
structed Kivett not to ask leading
questions.
Shaw was nervous. His legs quiv-
cred, and he spoke in low, mum.
bling voice. rarely looking at the
jury. He was subjected to a severe
cross-examination.
Explains Ring
rrho aofo~Aon. 4os4.aaa 49,. r1,
John, 403 w Maryland ST., Indian
apolis, an Albanian. gave him Mrs.
Whelchels watch and ring the day
of the murder. He took 1t, not
knowing its history, Shaw said.
He said blood on his car got there
when Joe Harris, colored man. cut
his finger while working on the
lights
Shaw said he wore the same
clothes the night OF the murder and
the next night that he wears in the
courtroom. Testimony in the first
trial showed there was no blood on
his suit, Kivett brought out.
Kivett attempted to show Shaw
had been subjected to the third de-
gree" by detectives in an attempt
to wiring a confession from him.
In Dungeon
81 was kept in a cold dungeon
one and one-half days at Michigan
City prison" Shaw said. "All / had
to eat was a piece OF bread and
glass of water. l got sick from cold
and they took me out and attempted
to make me confess"
On cross-examination. Shaw ad-
mitted he had been drinking the
evening of Nov. %. He said he
went to Hunky Johns house for
more whisky. and he got a half
pint,
He lay down and slept an hour or
so while Hunky John used his auto
Shaw testified.
"I could not swear he used my
but Hunky said he had
been riding. and the radiator of my
car was warm" Shaw said.
Women Gaze at Him
n ldFEe CIOWu, the HidJotltN OL
whom was women, craned their
necks to see the defendant on the
stand.
Shaw said that he was born in
that he worked at Kin
gan e. Co, earning $50 week; that
he sent half his wages home to his
parents and paid $5 a week for board
and room. Prosecutor Remy asked |
Shaw whether he had not bought |
a car, operated 1t. gone around"
and bought white mule occasionally. |
Shaw said Yes"
IL never had no trouble with white
people" said Shaw MY parents
always taught me to associate with
our own people and stay In my