The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-09-14

schuyler A. haas, corpora
tion counsel, close friend of
Duvall and his bondsman, also
was present.
After the meeting, which lasted
half an hour, the attorneys de-
parted, all refusing comment.
Judge Shirley said: Nothing COM
petent has happened that we can
say anything about. Actions outside
the courtroom are, of course, con-
fidential. have been in conf
Dental conference with attorneys
for beth sides"
Doubts Message
The person who received the tele-
phone message said he relayed the
message to Deputy Prosecutor VIII
liam Sheaffer Immediately after re-
ceiving 1t, as a matter of good citi-
zenship.
He was inclined to doubt the
truth of the message, because of
refusal of the person on the other
end Of the wire to disclose his iden-
tity or interest in the case, If any.
Meanwhile an agreement which
means that Duvall would not
necessarily be sentenced to Indiana
State Prison in event he were con-
victed, between Remy and Judge
Shirley, was announced.
Remy said it was agreed that the
offense Duvall is charged with is a
misdemeanor and rot a felony.
The penalty is prescribed as not
more than one year imprisonment
and not more than $1,000 fine. AS a
nisdemeanor, the offense is punish
able by Imprisonment in Jail or In
diana State farm rather than the
prison. Upon felony the defendant
must be sent to prison.
Little Progress With Jury
Little progress was made in
selecting a jury, over which at
torneys have been struggling since
Monday morning.
At noon adjournment only six
men had been agreed upon definite
ly by State and defense, leaving
seven more TO be obtained. Men
from the second special venire of
fifty talesmen, were being ques-
toned.
Those In Box
In the jury box when court
opened at 2 p. m. were: George w.
Prange, farmer, R. r. J-2; Otto
Buescher, gardener, r. r. 1, Box 46;
Alfred c. Piel, farmer, Warren
Township; Carl Sonnenschmutt,
florist, Cumberland; George B. Gan
non, factory inspector, 5319 N. New
Jersey ST.; H. w. Sumeier, gardener,
r. r. D.; Alba L. Walton, farmer,
New Augusta; Herman Weghoeft,
gardener, 407 E. Southern Ave;
Charles F. Ostermeyer, farmer,
Cumberland; Lee Vanzelgerhois,
farmer, 1880 Bethel Ave; Fred Bin
ninger. farmer, Perry Township;
and Dan w. Flickenger, Insurance,
5126 N. Pennsylvania st.
Those agreed upon by both sides
were Prange. Buescher, Cannon.
Vanzelgerhois, Binninger and Oster-
meyer.
When court opened the State ex-
ercised its second peremptory chal-
lenge, excusing Fred j. Preston,
carpenter, 4507 4. Seventeenth ST.,
one of seven men whom the defense
definitely had accepted.
Judge Shirley eliminated another
Of the defense's earlier accepted
talesmen when he upheld the
States challenge of William C.
Price, dairy farmer, Bridge
port, for cause. This left only five
men whom the defense had passed.
The State definitely had accepted
none. M
Price is the talesnlan who Tues
day disclosed that he is an uncle
of Fire Chief Jesse Hutsell and that
he first had learned from Hutsell
that he was called for jury service.
Shirley held him disqualified, be-
cause of his statement that he might
be very much embarrassed to Judge
evidence upon the mayor, since he
has a relative in the city admins
tration and that he was not clear
in his mind as to whether he could
be open minded.
Following the conference Of the
prosecutors with the Judge the de-