The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-07

I 1t was indicated that Steph-
enson's appearance in the case
that might take him out of the
prison at Michigan City de-
pended entirely on the line Of
procedure followed in the case.
Prosecutor Remy stated that re-
ports of biased action in the case,
either through the court or the jury,
we're considered "as deliberate at
tempts similar to those made in
Stephenson's trial and prior to the
trial of former Mayor John L. Du-
vail last yaer."
Defense Is Confident
Defense counsel also announced
their readiness to prove that the
Governor, when Secretary OF state,
did not offer former Governor War
rem T. NIcCray $4,000 and a promise
of immunity in Indiana courts If he
appointed James E. Mcdonald coun-
ty prosecutor in 1928.
jackson; George V. Coffin, Repub-
lican county chairman, and Robert
I. Marsh, former law partner OF
Jackson and one-time Klan legal
advisor, will appear in court for ar
raignment Wednesday.
Not Guilty to Be Plea
The first action Wednesday will
be the arraignment. The defendants
will plead not guilty. 1t will be fol-
lowed by McCahe's ruling on mo-
tionS of Coffin and Marsh for sepa-
rate trials. They we're filed two
weeks ago, but were held under ad-
visement until arraignment.
The defense is confronted with
the task of disproving the States
charge that the alleged offense was
concealed until last July. The State
contends that McCray, through fear,
did not reveal the alleged offense
while he was spending one-third of
his ten-year sentence in the Federal
penitentiary at Atlanta for using the
mails to defraud.
The case, itself, after selection of
the jury. is expected to be fought
strenuously by the defense. Defense
attorneys will throw into action
every means available to convince
the jury that the alleged bribe offer
holds no criminal content now, be-
cause the two-year statute of lin
itations has run.
Jury Selection Slow
Selection of a Jury is expected to
take more time than presentation
Of the case. Belief is that the jury
will not he selected in less than a
week.
The regular Criminal Court panel
will be examined first. One hundred
prospective jurors, Of two special
venires of fifty each, have been
summoned. One group will report
Wednesday and the other Thursday.
AS the trial date neared, it was
learned from William P. Evans, SON
in-law Of McCray, who resigned at
the time jackson is alleged to have
made the offer, that McCray is in
the best Of health since his prison
ordeal and is waiting to testify. He
is the States chief witness. McCray
has been at his old home In Kent
land, Ind, since his return from
prison.
May Not Call Jackson
The trial will bring jackson and
McCray together for the first time
in about four years.
Clyde H. Jones, defense attorney,
indicated that Jackson might not be
called to testify in his own behalf,
unless testimony introduced by the
State necesitated it.
'The defense is ready for trial"
he said. What the State offers as
its case will determine whether the
defense will call Jackson"
No plans are being made vet for
the trials Of Coffin and Marsh. If
jackson is acquitted, Marsh and
Coffin probably will not be tried, but
II he is convicted, it is known the
State plans to ask early trial Of the
other defendants.
Wiltsie Counsel for Coffin
Charles S. Wiltsie, attorney, who
was in the courtroom when quash
motions and a plea Of abatement
in the case were heard, will not ap-
pear in the present trial, it was
learend. Wiltsie will represent Cof-
fin.
Preparations for handling the
daily crowd, prospective jurors, and
neWspapermen are nearing compile
ton. Police details will be on guard
Il