The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-07
SELECTION OF
JURY DELAYS
KLINCK trial
Half of TaIeSmen Excused
After Questioning;
Nine Remain.
ORDER SECOND VENIRE
Absence of Raub May Delay
Case If Panel Is
Untitled.

Selection of a jury to try Earl
Klinck, Evansville. former lieutenant
of D. c. Stephenson, proceeded
slowly in Criminal Court today be-
cause so many talesmen had their
own ideas about the defendant
Klinck is being tried before Spe-
cial Judge Thomas Garvin on q
charge of being an accessory to the
fraudulent use of notary's seal.
The State expects to show he pro-
cured false affidavit in a plot tn
get Boyd Gurley, editor of The In
dianapolis Times, and Thomas II
Adams, editor of the Vincennes
Commercial, indicted by the Federal
grand jury.
TaIeSmen Excused
At noon adjournment, eighteen
talesmen of the special venire of
fifty men had been examined. Nine
were excused and nine were still in
the box for further questioning.
Defense Attorney Howard d.
Phillips questioned each talesman
closely as to whether the fact that
Klinck was a Klansman, a former
close friend Of Stephenson, and
might not take the witness stand in
his own behalf, would influence the
juror against Klinck.
Several talesmen indicated that
they would be influenced.
Judge Gavin explained that the
content of the truth or falsity of
the alleged fraudulent affidavit was
not material to the trial.
Trial May Be Delayed
If the special venire of fifty is
exhausted the trial may be delayed
until Jury Commissioner Joseph R.
Raub returns from business trip.
An order for a second venire OF
fifty talesmen was sent to the jury
commissioners Wednesday, but
County Clerk George o. Hutsell has
refused to open the jury box until
Raub and the other commissioner
are present. Raub was expected
back tonight.
Seven of the members Of the first
venire of fifty have not appeared
and the court directed that they be
summoned again in the hope that a
jury finally may be obtained from
this group.
The nine talesmen excused this
morning we're:
Nicholas H., Noyes, 1928 N. Della
ware ST.. treasurer of Eli Lily Com
pany; B. M. Forbes, 1928 Shelby ST.,
lumberman; Clarence D. Markell,
5033 Carrollton Ave-, auto mechan-
ic; William T. Mcdonald, 1920 N
New Jersey ST., manufacturers
agent; Walter E. Rhoder, $3.50 Car
rollton Ave-, salesman; Louis j.
Culman, r. r. A., farmer; Ora &.
Pierson, 5445 N. Delaware St., con-
tractor; William Low Rice, 5164 N.
Capitol Ave, realtor; David Utter
son. 206 E. Fifty-First ST., manu-
facturer's agent.
Charge Frameup
The nine left in the jury box at
noon we're: Robert G. Patterson,
4147 Carrollton Ave-, president of an
automobile service company; Harry
Rasmussen, 3114 College Ave; ST.
mon zeller, 3055 N. Meridian ST.;
cola dealer; William F. OFF, 1851
Washington Blvd, metal worker;
Ray E. Smith, Acton, farmer; Ira
c. Minnich, AL w. Georgia ST.,
president of the National Dry Kiln
Company; James Barber, r. r. c,
miller, and Frederick G. Buesking,
Cumberland, retire dfarmer The
last three are members Of the reg
ular panel.
Prosecutor William H.. Remy and
Special Prosecutor Eansley w.
johnson appeared for the State.
Klinck is charged with completely
in preparing a fraudulent affidavit
bearing the forged signature of Will
liam Rogers. 1918 w. Washington
St, purporting to testimony he gave
before the Reed senatorial investi-
eating committee to the effect that
Senator James E. Watson had
shown him a Ku-Klux Klan inner
council membership card.
The affidavit stated that Rogers
had been hired by Editors Gurley
and Adams to frame" Watson on
this Klan affiliation testimony.
Forgery Shown
Klinck, it is charged, caused this
affidavit to be taken to the Federal
grand jury in an effort TO get the
editors indicted. The effort failed
when it was shown the wrong mid
die initial was forged in Rogers
name.
Judge Garvin Wednesday over
ruled motion of Defense ATTORNEY
Phillips to continue the case for a
month on grounds of absence of two
important defense witnesses, SEN
ator James E. Watson and AL San
ders, former Indianapolis man, now
in Los Angeles. Cal