The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-09

315 S. Taft ST.; John M. Menden-
hall, Merchants National Bank en-
ploye, 3746 Ruckle ST.; Samuel H.
Colbert, Negro truck farmer, r. r.
F, Box 1856; Ira A. Minnick, presl-
dent National Dry Kiln Company,
1923 Carrollton Ave.
Six Others in Box
The SIX others in the box at noon
adjournment, subject to challenge
either for cause or peremptorily:
David P. Porterf1eld, salesman,
1916 Salem ST.; E. S. Penn. sales
man, S0l Drexell Ave; H. B. Hos
letter, official of the Presbyterian
church State organization, 344 Les
lie Ave; Hubert Adams. truck farm
er, r. R. B.. Box 204; Ivan Fowler,
farmer, r. r. D.. Box 233, and Ace
Berry, Indiana Theater manager, 40
w. Twenty First st.
During the morning the State
challenged G. w. Field. 315 N. Ala
bama ST., on the ground he ad-
mitted he could not change his
opinion that the defendant is in
nocent, and he was thrown off.
The State peremptorily challenged
Walter l.. Shirley, funeral director,
and succeeded in removing w. H.
Abraham on the ground of fixed
opinion.
The defense dismissed one tales
man during the morning, peremp-
torily. He was Walter G. Boetcher.
Each side had used three of its ten
peremptory challenges.
Told Not to State Law
AS the defense neared completion
of the morning questioning, Kivett
was directed by the court not to
state the law to the jurors, but to
frame his questions so they might
learn the law on their own investi-
CATION. f. Upheld the objection of
Special Prosecutor Emsley w. john
son to the procedure.
johnson asserted Kivett was tell
ing the jurors what the law was and
then asking them questions.
Kivett changed his questions to
ask IF the law" was this and that
would they follow it?
When the court session closed
Wednesday afternoon, the defense
turned the jury over to the State,
that five jurors might be examined.
This was the first time the defense
passed the jury.
Seven men in the jury box had
been accepted for the second time
by the State. Originally, the State
passed nine, but two we're removed
after further questioning by defense
counsel.
Will Speed Trial
"We aren't going to waste any
time at ALL Remy stated.
During the course Of jury ex-
animation by the State, two jurors
were asked whether they knew w.
Lee Smith, former Indiana Klan
dragon. Answers were negative.
Only in this way was the Klan
referred to. 1t is expected to be
brought up several times during the
trial. However, prospective jurors
names were being checked against
Klan records by the State, it was
understood. States attorneys re-
fused to comment on this.
Governor jackson and Marsh sat
in the courtroom throughout the
days tedious proceedings. Marsh
seemed i'll at east at times. when
the questioning became tiresome.
The jurors in the box had lunch
con in custody of Bailiff Clarence
Clegg. They were directed not to
talk of the case at adjournment by
Judge McCabe, and were permitted
to go to their homes for the night.
AS soon as the jury finally is select
ed the jurors will be kept at night
In downtown hotel.
McCabe announced change in
his previous order for holding court
sessions. He said he altered his
plans and will not go to his home at
Charlottesville each night. He is
staying at a local club,
This will throw court sessions in
the regular hours from until IL in
the morning and from 1880 to in
the afternoon.
Special Prosecutor Ensley w.
johnson will make the opening
statement for the State imnediate-
ly after the jury is obtained. The
statement, it was announced, will
be brief, dealing only with the facts
alleged in the indictment and the
J law touching upon them, and will
be devoid Of oratory.