The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-02-09
RUDNER'S REPUTATION
HAS NOT BEEN GOOD

Canton, O., Feb. 9.-CP)-Ben Rud-
ner, young Massillon hardware mer-
chant, the second man to be tried on
a charge of numbering Don r. Mel
lett, Canton publisher, on July 16
1926. long ago acquired reputation
of being the community's bad boy.
From time TO time, Rudner
through recent years, has 'got in
bad" For that reason, he was among
the first persons questioned by IN
vcstigators after the young editor
was shot from ambush in the dead
of night at his garage door. II was
ON party all that evening and until
3 o'clock in the morning" he said
in that early questioning and proof
of the claim for Il while eliminated
him from suspicion.
Then Steve kascholk, the state
chief informer in it's case against
Rudner and his two alleged ac-
completes. Louis Mazer. and Pa
trick Eugene MeDermott, pointed to
Rudner as 1.-The master mind of
the crime. kascholk's story imme-
diately became the basis for the fu-
ture inquiry and has been closely
adhered to by investigators ever
since. 1t was the basis of the case
ed and sentenced to the Ohio peni-
tertiary for life.
States Theory
The states theory is that McDer-
mott and Mazer fired the shots
which killed Mellett, and that Rud-
ner deliberately established an alibi
for himself by attending party
with several people. McDermOtt, the
theory continues, was the ''hireling''
of the others whose motive was re-
venge for Mellett's editorial attacks
on the Canton underworld and it's
illicit liquor traffic. Mazer and Rud-
ner allcgedly were members of the
underworld and bootleggers.
Rudner and Mazer. who were de-
Tense witnesses for McDermott. de-
MED knowing him and he return de-
MED knowing either of them.
The trio was indicted by Stark
county grand jury on September 3,
after state. county, federal and spe-
cial investigators had spent weeks
in running down clues. Mazer at
the time was held in Cleveland on
federal liquor conspiracy charge;
McDermott was being sought the
country over; Rudner war forthwith
arrested in his Massillon store.
McDermott in his trial claimed
that he was framed" by Prosecutor
G. b. McClintock, because he would
not "spuear' on Mazcr and Rudner.
Framing" is also Rudner's claim.
mott trial included testimony re-
legedly by McDermott to Rudner
oft bn nd
and one from Cleveland. Rudner
says he believed these phone calls
were planted" by a detective to
bolster up Kascholk's story.
Has Fight with Detective
One Of the outstanding incidents
in which Rudner figures during the
early stages Of the investigation was
his encounter with H. G. Burton, de-
tective for Mellett's paper, the Can
ton Daily News, in front of Canton
police headquarters eight days after
the murder.
Rudner accused Burton of trying
to frame him." An argument en-
sued in which the two men grappled
and fell to the pavement. When
a gun dropped from Burton's' pocket,
the men jumped up and stopped
fighting, though Nudner WITHIN the
hearing of a dozen men repeatedly
Knocked the detective with: go on
and shoot me, you coward"
Rudner's alleged freedom Of action
around police headquarters was one
Of the reasons cited for the dismiss
sal soon after the murder, Of Chief
Of Police S. A. Lengei by Mayor S.
NJ. Swarts, who later was upheld by
the civil service mission. It was
alleged that Lengel was too in
innate. with known law violators'
and Rudner's name was included in
the list. Mazer's was another.
Ben Nadel, Cleveland, alleged boot
logger, was convicted of harb0ring
McDermott when he was q fugitive
from justice. His trial followed Nc
Dermott's copviction. It 10 the
states theory that Nadel and Rud-
ner were in communication over the
protection given McDermott. Rud-
ner. Nadel, and McDermott were
prisenesu. .ins xAtj9msr pepiSentiary
several years ago ct the same time.
\, s