The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-16

has been a trustee of Purdue Uni
to citizens of Indiana two years be-
fore the indictment was returned.
Steve Is Raped
Stephenson came here. That
convict trif1ed with the court for
half a day and told a story about
what happened in Marshs office,
but didn't offer any testimony to
prove concealment.
There is nothing more prepos-
ferrous than the charge that the
defendant further concealed the
alleged crime by writing letters to
newspapers in September, denying
the charge.
1--WE think the motion to take the
case from the jury is we'll taken. We
do not think the State has made
its case on the alleged conspiracy.
Judge McCabe then said: IF it
were not for the question Of conceal
ment, probably would overrule the
motion"
Remy opened the States argument
opposing the motion for a directed
verdict.
Power Is Pictured
Remy pictured the power claimed
to be held by the alleged conspir-
ators. and referred to Jackson's
description of Coffin as "the greatest
political genius in the Middlewest,"
man who could "do things no one
else could do" \
There is no question of conceal
ment, of course" Remy asserted,
between and among Noel. Evans,
| Jackson, Marsh, Coffin and McCray
That is not needed.
But it is significant that McCray,
in prison, wired his son-in-law.
Evans, there must be no publicity
about this and there was no pub
licity about it until he was re-
leased from prison. Isn't that evil
dence that the fear of injury to his
parole caused concealment?"
The prosecutor contended "the
threat doesn't have to be, you do
this or we'll do that"
1.-THE threat" he said, need be no
more than simple request. if the
request is backed with evidence Of
power and this power is known to
the person approached"
Shows KIan's Might
Evidence in the case, he asserted,
showed the tremendous power of the
Ku-KluX Khan back Of the rep
reservations made to McCray by the
conspirators.
He read from court decisions in
terpreting the statutes regarding
concealment, defense attorneys and
the court jotting down the references.
This must be considered in the
light of McCray'S condition and sit
uation at the time" Remy said.
also the intent of the parties who
wanted to keep this thing concealed
must DE considered.
''They told McCray he couldn't
afford not to accept the offer,
testimony showed.
"They-Evans and McCray-were
perturbed A terrible calamity was
impending against the highest State
office They came to the Governor
and, in the grlise of friendship, told
him of the power the organization
they represented had to control the
courts"
Decision Anticipated
GAS I remember, Robinson told
them McCray wouldn't accept and
Jim Noel said McCray wouldn't"
the court remarked. my point is
that instead of fear being placed,
these two men anticipated what
McCray would do before the offer
was made"
At this point the court was in
terrupted when Kivett fell back to
the courtroom floor in the swivel
chair in which he was sitting. He
had been gazing at the ceiling in
an Indifferent attitude when the
chair tilted just a bit too far back
He got up and took a different
chair, amid Tough laughter from
spectators and attorneys.
There is, as see it" said Judge
McCabe, "a total failure of the
State to show the state of mind of
Governor McCray. He might have
revealed the alleged offense to in
Vulnerable people while at prison, so
far as the evidence shows.
Wants to Do Duty
Frankly, I have a conscientious
duty to perform. I want to reflect
credit upon this court and do my
duty fearleSSly."
Special Prosecutor johnson replied
it was for the jury to judge McCray's
state of mind and the causes con-
tributing to it.
"It would have made no differ
ence," he said, eff McCray and
Evans had said on the stand they
had no fear of anybody. 1t still
would have remained for the jury
to decide"
johnson commented that he knew
the court had high respect for Judge
Oscar Montgomery, who overruled
the defense motion to quash. He
read from Montgomery's opinion
and declared the State had proved
all allegation contained in the in
| dictlnent which Montgomery upheld