The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-10

L uClI use WOulOl ONNuo4OA Wv
lay, amounting probably to
several days. 1t was generally
believed, however, that de-
fense and State were nearing
agreement on the most of the
talesmen now in the box.
May Adjourn Until Monday
Judge McCabe indicated he might
adjourn court tonight until Mon
day morning. .,
States attorneys Johnson and
Remy asked the court to consider
such action in order that the State
might do a lot of work over the
weekend that would facilitate
matters"
Remy went into conference with
the court at the close Of the morn
ing session to further explain his
remarks.
Judge McCabe said he had some
important business to transact Sat
urday, but would forego it II II
would be too inconvenient to attor-
neys and to jurors who would be
locked up for two days.
1t was suggested that arrange
ments might be made to entertain
the Jurors at local theater.
States attorneys were hopeful
that a jury might be finally selected
this afternoon.
Hope for Jury Soon
"I don't think it will be much
longer" johnson said. "The way
things are going we might get one
today"
The State, 1t became known, is
contemplating removing one juror
on another peremptory challenge.
Defense Attorney Clyde Jones
said he also believed there was q
strong possibility for selection OF a
Jury within a few hours.
'This is a tiresome procedure,
Marsh said as he left the court
room. "It's not only tiresome, but
expensive to the man who pays the
bills"
Judge Warns Jury
Prospective jurors were warned by
Special Judge Charles McCabe not
to be misled by caustic side remarks
of attorneys.
The Judge gave this warning after
the State had protested against sar-
castle asides, uttered SO loud that all
in the courtroom could hear them,
by Jackson's attorneys. A remark OF
Attorney Jones precipitated the pro-
test. State attorneys quietly had
borne such interruptions to their
questioning of prospective jurors
through the two previous days OF the
trial.
During the questioning Of Tales
man Ralph G.. Coe, salesman, Ill E.
Sixteenth ST., Special Prosecutor
Emsley w. johnson asked Coe what
papers he read and he replied all
of them. johnson asked If this in
CluQSO 4IIC OOlll1k1C1O4cb1s
Appeals to Judge
Attorney Jones calculated, "You
can't get much scandal out of that. u
This was the remark which caused
johnson to appeal to the judge to
prevent defense attorneys from max
ing "disparaging side remarks"
McCabe promptly declared that
the court desired there be mo
lateral remarks" by counsel and
warned jurors not to give weight to
such remarks. He said he hoped
lawyers would get along without
asperity"
Prosecutor William H. Remy re-
marked that the State attorneys
had attempted all along to be cour-
teous toward the defense.
Turned over to defense, Coe was
questioned by Kivett as to the
opinion he said he had already
formed in the case and drew from
him the statement that he had taken
his newspaper information with g
grain of salt"
He professed to 'like. the Gov
ernors church" but added that that
would not enter into his considera-
ton of the case if accepted as q
juror.
Hint Instructed Verdict
When the defense turned the jury
back to the State, Boggs was ex"
cused without further questioni2e
and Ferd L. Hollweg, Att Washing
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