The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-17

ice given "at a sacrifice Of your
liberty" Addressing defense and
State counsel he thanked them for
their courtesy and consideration.
At nod from the judge, Bailif
Clegg raped once on the bench and
proclaimed: "Court stands adj
journed."
Sheriff Omer Hawkins. desiring to
be first to congratulate Jackson, was
just back Of his chair.
He extended his hand and wheeled
the executive around to face an
aisle full Of his friends.
Governor Thanks Jury
Smiling and thanking them Jack
son turned around to find ten Of
the twelve jurymen already had left
the box. To Samuel H. Colbert, the
Negro on the jury, the Governor ac-
corded a warm handshake and then
bestowed another upon Juryman
Ivan Fowler.
In company with his brother,
James Jackson, superintendent Of
the Indiana School for Feeble Mind
ed Youths, at Ft. Wayne, and his
son-in-law, DR.. Norman Beatty, the
Governor was led by Deputy Sheriff
Ollie Mays toward the ,ante-room
door back of the courtroom.
In the ante-room, twelve excused
jurors were putting on their over
coats, joking in evident relief and
with the anticipation of dinner at
home. The Governor preferred his
hand all around but eXclamations
we're guarded and there was no sign
of congratulations or back-Slapping.
Courtroom Is Crowded
From 2 p. m, when court was to
have reconvened, until 4 p. m,
when Judge McCabe made his ap-
pearance, a crowded courtroom
buzzed with anticipation.
= McCabe was in the law Office of
Bingham & Bingham, 1901 New
City Trust Bldg. examining court
findings which had been cited to
him in the morning arguments on
the motion.
Jackson and Jones strolled up and
down the corridor, the Governor
putting the black cigar that has
been his diversion at virtually every
recess during the trial.
He was in an openly optimistic
mood, but settled down with an att
tentive expression as Judge McCabe
discussed technicalities Of court
findings in five law volumes placed
on the bench.
Judge Sums Up Findings
He summed up his findings by
saying:
IT have decided in all sincerity 10
fulfill my obligations to the consti-
tuition and the laws OF the State. e.
"As ] see it, there is nothing
amounting TO scintilla of evidence
in this case in support OF the
charge Of concealment.
"When I re-examined the evi-
dence and the law did so with an
open mind, not wishing TO follow
my previous opinions.
"It is my judgment that the mo-
ton must be sustained"
Near the close of his ruling the
court opened FIRE on the Ku-Klux
Klan.
'It isn't necessary TO refer TO the
fact that the representations alleged
in the indictment shouldn't have
been especially considered by man
in the position Of McCray," he said.
"McCray was influential and was
holding the highest offlce in the
State.
Khan Is ASSailed
"The allegations contained in the
indictment are an indictment
against all the people Of the State
of Indiana in that the indictment
charges an intelligent man could
believe the Ku-Klux could influence
court verdicts.
IT am fully aware Of the slime
and disgrace that has been brought
on the State by that organization.
I have talked of it and thought OF
it in this way ever since that orr
ganization first started and still
say it. There is nothing more re-
grettable in the history Of the State
and 1t has resulted in the disgrace
Of the State of Indiana"
Jackson's attorney, Immediately
after theptrial, said jackson had 81