The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-13

Special Prosecutor Emsley
w. johnson made the opening
statement for the prosecution
and then, by agreement of
counsel, court was recessed un-
til 2 this afternoon, because the
State desired to use Stephen
son to open its testimony and
he then had not arrived.
Arrangements we're made to house
Stephenson at the county jail in
case he was kept here overnight.
Stephenson, in charge of Deputy
Warden Walter Craig and three
husky guards, arrived at the court
house at 1885 p. m. and, practically
unnoticed, was taken to the grand
jury room on the third floor.
While the guards sat in the ante
room, Prosecutor William H. Remy.
Johnson and Deputy Prosecutor
William H. Sheaffer conferred with
Stephenson in the inner room for
an hour.
Jackson, arm hooked ever the
back of his chair and eyes on John
on, with an unchanging expression,
heard recital of the alleged bribe
offer as IT, State promised its evil
dence would show it.
Statutes Explained
Jackson was the only prospective
fitness in the room when the court
dlA ected that witnesses be sworn.
Separation of witnesses was ordered,
but no others were in the court
room.
johnson read and explained the
statutes covering the alleged crime
and the penalty upon conviction.
Conspiracy to commit a felony car
ries a penalty of two to fourteen
years Imprisonment and a fine Of
from $25 to $4,000.
He read the statutes regarding
the period in which prosecution
must be brought for various offences.
Murder, arson. treason, and kid
naping are crimes against which
the statute of limits ons does not
operate.
He further explained how con-
cealment of an offenSe acts to toll
the statute so that prosecution may
be brought outside the usual two
year period.
mo attempt will be made to toll
the statute on the grounds that Nc
Cray was out of the State" he said.
''The State will rely on the fact that
the defendants concealed the ofense
and that the period of concealment,
therefore is not to be considered in
computing the time which elapsed
after commission Of the alleged Of
fenSe."
johnson Tells Details
johnson then read the indictment
by the grand jury Sept. 30, 1927,
charging jackson, with Robert I.
Marsh and Coffin, with conspiracy
to commit felony, offering a bribe,
Laying aside the indictment,
Johnson related in detail the story
Of the alleged bribery offer. Jackson
did not change his expression dur
ing the thirty-minute recital.
Three prison guards accompanied
Stephenson on the motor trip from
Michigan City.
This is Stephenson's fourth trip
to Indianapolis for testimony in
various phases of the Indiana polit-
ical corruption inquiry.
Named in Indictment
Stephenson is regarded as an i'm
portant witness because he is men
toned in the Jackson indictment
as one of the men who attempted to
bribe McCray.
The State charges that the al
legged conspirators used Stephen
sons boast that he, with his power
in the Ku-Klux Klan, could con-
troll courts throughout Indiana, to
convince McCray that they could
make or break him if he did not do
as they demanded.
Stephenson is said to have gone
with Robert I. Marsh, co-defendant,
to James w. Noel, attorney for Nc
Cray at the time McCray was in
financial difficulties. and attempted
to get Noel to carry the message
Of StephensOn's poWe~ 70 AcCray.