Evening star., 1927-06-12
B|RGER IS INDICTED
IN SECOND MURDER
Ex-Aid Testifies Gangster
Shot State Policeman
Three Times.
By the Associated Press.

By the Associated Press.
NASHVILLE, ILL.,, June IL
Charles Birger. southern Illinois gans
leader, already under indictment fol
the murder of Mayor Joe Adams o.
West City, was indicted late today fol
the murder of Lory l.. Price, State
highway patrolman, who, with his
wife, was abducted from their home
at Marion the night of last January
IT.
Birger and four of his former fol
lowers were indicted on the testimony
of Art Newman, former lieutenant
who was recently arrested in Cali
fornia on a charge of completely in
the Adams killing, last, December -
Describes Alleged Killings.
Newman declared Birger himself
shot Price three times at the barbe
cue stand near the charred ruins OF
SHADY Rest" Birger's road house in
Williamson County, but Price was
still alive and talking when he was
thrown into a field near Dubois, this
county, 90 miles north of the road
house, and was machine gunned to
death by other members of the gang
at dawn, January IS. The body was
found in the field, February 5.
Mrs. Price, Newman declared, was
taken in a separate automobile by four
henchmen, who shot her to death
with four bullets in the back and
threw her body down an abandoned
coal mine shaft, four miles north of
Marion, and covered it with timbers
and large pieces of corrugated iron.
Search was started for the body. but
slow progress was made because of
recent cave-ins.
Those indicted with Birger were
Connie Ritter, Ernest Blue, Leslie
Simpson and Riley Simmons. Neither
Newman nor Fred Wooten, now in
Atlanta prison, whom he also impli-
Gated, was indicted. Ritter is under
indictment and is being sought in the
Adams case. Blue and Simpson also
are at large. Simmons is serving a
term in Leavenworth prison for
counterfeiting.
Birger, who has been in the Frank
Hin County Jail at Benton, was denied
a change of venue there today by
Circuit Judge C. H. Miller.
Counsel contended that feeling
against Birger was so antagonistic
in the county that he could not be
given a fair trial in the Adams case,
Judge Miller ruled, however, that the
motion could not be granted because
it was not filed at the term of court
in which the indictments were re-
turned. Counsel agreed to go trial
within two weeks.
Because of vague reports that a
mob was forming in Williamson
County, Franklin County officers late
today moved Birger for safe keeping
to Jail in another county, the loca-
ton of which was not announced.
Confession on Train.
Newman's confession, which was OBJ
tanned by John T. Rogers, staff cor
respondent of the st. Louis Post-Dis-
patch, on a train from California last
investigation by Chief John Stack of
the State highway police and county
officers.
. Newman declared Birger accused
Price of Switching" to Williamson
County authorities about the gangs S
activities and decided to question
Price. He said they drove to Prices
house in Marion in two automobiles,
with Birger, Wooten and Newman in
Newman's coach and Ritter, Blue,
Simpson and Simmons in Birger's
sedan.
Price got in the back seat with
.Birger, Newman said, and Mrs Price
was put in the other car, and Birger
directed that his henchmen do away
with her.
'On the way to Shady Rest" New.
man asserted, "Birger abused Price
and accused him of talking too much,
TO which Price replied, Charley, you
KNOW / e..
would not double-cross YOU Then
Birger would call him foul names and
.threaten to kill him. Birger as usual
had his machine gun across his Ian
swlth his finger on the trigger. We ar.
: rived at the barbecue stand about
2 am.
Price Sat Facing Birger.
. Price walked in and sat on a table.
ms pack TO the door and facing Birger.
I ne was not alarmed. Birger was in a
rage. :"
With a terrible oath he accused
Price Of tipping off some one tn brIr,
the cabin January 81. Just before
reaching the place, he had asked
yFrlce 70 blame the dynamiting on the
rival Shelton gangsters, so he could
ton post office inspectors to make II
TOOK black for the Shelton brothers
Wnen th"y came to trial on the Col.
nnsvllle mail robbery charge at
quincy. Price refused to do this
Prlce neld up his right hand and
SAID, 1 swear, Charley. I am innocent =;
Birger again cursed and fired
tnree shots. The bullets nassed
through Price. p''e
AT that moment the other car with
summons and the three others came
up. one of the men in the car said
Don't worry about the woman We
hIled her and put her in a mine shaft
near Marion '''''0 'i'''i
An right said Birger, wen nut
him with htr.' ''
We can t. said one of the men
we MED up the place with tin and
timbers' anu
know another old mine near
Dubois said Birger. Throw this man man
In Newman's car
Wrapped i'm Piece Of Canvas.
Two men helped Birger wrap Price
IN piece of canvas they found in the
barbecue stand. They put Price.
doubled up, in the back seat of nv
car his head in the tonneau, his feet
and legs on the seat. Birger got in
and sat on him."
DAi 6SI, Newman declared, sat on
Prlce' who kept mumbling he was IAN
innocent man, but as they neared
Carbondale, Birger became violently
Ill with nausea.
That's too much for me- he said
choklng. L can kill a man, but /
can't sit on him."
When they neared the mine "
newman continued, they found a
Waterman and continued to the field
near Dubois, where four of the men
carried Price back about 10e feet from
the road and fred about eight shots.
Inc men who rode lack with us
to'n tsey took Mrs. Price from home
Immediately after we left and drove
direct to the old mine and ordered her
out" Newman said. He said she
did not say word or at any time ask
where they were going. AS she step.
ped on the running board, one of the