The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-01-21
S|FT BISHOPS
Statement IN
JACKSON CASE
Defense Attorneys Want to
Use Fout'S Testimony
as Deposition.
GIVEN TO PROSECUTORS
Urged Mcdonald Appoint
ment Because of Defeat
Says Churchman.

hdALO1I NOuIlIy PIOScCuLOCb GOQdy
were Scrutinizing a statement Of
Bishop H. H. Fout of the United
Brethren Church in connection with
the bribe conspiracy trial Of Gov
ernor Ed jackson.
Fout, in the statement, said that
in December, 1923, he asked Gov
ernor Ed jackson, then secretary
Of State, to urge former Governor
Warren T. McCray to appoint James
e. Mcdonald Marion County prose-
cutor because he had recently been
defeated for nomination Of judge"
The statement, it was learned, was
handed to the prosecutors by de-
tense attorneys in the case in which
Jackson, Republican County Chair
man George v. Coffin and Attor-
ney Robert I. Marsh are charged
with conspiracy to attempt to bribe
McCray with $4,000. It is claimed
McCray was promised he would not
be convicted in an Indiana court in
his financial troubles If he would
name Mcdonald prosecutor to Sue
ceed William P. Evans, Son-in-law
of McCray, in December, 1928.
Bishop Plans Europe Tour
State charges that the alleged
conSpiratorS wanted Mcdonald ap-
pointed as part of the plan to per-
petuate their political power in
Marion County.
The Fout statement was taken, it
is understood, in the hope that II
could be used as deposition in the
conspiracy trail set for Feb. T. Bishop
Fout leaves for Europe Monday and
unless a deposition can be gotten
into the record Jackson will lose
what benefit there might be in Fout's
statement. Prosecutors must con-
sent to use of the Fout statement
as a deposition. They have not
signed such approval.
Instead the prosecutors wee
greatly interested, it is understood,
in the statement of Fout that he
went to see Jackson for Mcdonald
because Mcdonald recently had
been defeated for nomination for
Judge"
Defeated for JudgeShip
Investigation disclosed that Nc
Donald was not attempting to be-
come judge of any court between the
spring of 1922 and late in 1925.
Bishop Fout said he went to see
jackson in December, 1923.
In May, 1922, Mcdonald was de-
feated for Republican nomination
for judge of Superior Court Four.
This was nineteen months before
the time the bishop says he went to
see Jackson.
Two years after the bishop says
he went to see jackson, McDonalds
friends sought unsuccessfully to
have him appointed to one of the
municipal judgeships created by the
1925 Legislature.
Paid Visit to Jackson
The Fout statement deposition, It
is known, states Fout learned 'in
some manner" that William p.
Evans son-in-law OF McRay, was
going to resign and that he went to
see jackson, then secretary of
State, sometime in December,
1928"
"-at his office in the State
house / asked Mr.. Jackson to call
on Governor Warren r. McCray in
the interest of having Mr.. Nc
Donald appointed as successor Of
Mr.. Evans" the deposition is known
to state. "T said to Mr.. jackson
that I had known Mr.. Mcdonald
for 8 number Of years as an official
of the First United Brethren
Church and had the utmost con-
ndence in his integrity as a man
and his capability to fill the ONCE
with credit.
"I told him Mr.. Mcdonald had
recently been defeated for the nom
ination as judge and that he had
a helpless wife an dthat I should
consider it a personal favor If Mr..
Jackson would see the Governor In
the interest of Mr.. McDonald's ap-
pointment.
Glad to Do IT
W4IC11 l. 1ldQ ooACQ IMAs OdSAHOI
to see If Governor McCray would
appoint Mr.. Mcdonald as prose-
cutor, he replied Bishop, I'll be very
glad to do it,"
It was understood a copy Of the
deposition and stipulation that
this be approved by the prosecutor
is in the hands of Special Prose-
cutor EmSley w. johnson and Remy.
Word was awaited today from
Special Judge Charles M. McCabe
of Charlottesville, who is in Mil
waukee, Wis, whether he will be
able to be present Monday or
Tuesday in answer to a request Of
Clyde H. Jones of the defense coun-
sci ITO receive some motions"
The motions will ask for separate
trials Of the defendants, 1t is be-
lieved.