Evening star., 1928-02-17
JACKSON CLEARED
OVER OWN PROTEST
Judge Orders AcquittaI With
out Hearing Defense Wit
neSSeS-Denounces KIan.


INDIANAPOLIS. February l7-Ed
jackson. unincumbered, today resumed
his duties as governor.
He was acquitted yesterday Of the
charge that he concealed an attempt to
brioe former Gov. Warren T. McCray
In 1928 to name James E. Mcdonald as
Marion County prosecutor. A jury re.
turned directed verdict of not guilty
Special Judge Charles NJ. McCabc
ordered the acouittal when he sustained
a defense motion which contended the
State failed to prove that Jackson,
Robert I. Marsh. local attorney. and
George v. Coffin. Marion County Re-
publican chairman. had concealed the
alleged bribery by keeping McCray, thcr.
governor, in fear. The statute Of limi-
tations of two years. therefore. applied
In the case. The indictment was re-
turned last Fall
State Affairs Neglected.
For a week and a day the governor
UsS on trial and during that time was
able to give State business little of his
attention. Occasionally in the morning
before court opened and after adjourn
yaent at night he would so to the State
house 10 attend TO pressing matters.
II was over Gov. JackSonS protest
that his attorneys filed the motion for
acquittal. The governor said he wanted
10 put his witnesses on the stand to
refute statements OF prosecution Wit
reSses. including former Gov McCray,
that he personally had put the alleged
erlbe before McCray. In a statement
the attorneys Sai6 Jackson was pre-
vailed upon 10 do their bidding because
Of Coffin and Marsh. who are scheduled
70 be tried later.
The governor. however. will make
public his evidence as soon as the
Marsh and Coffin cases have been dis
posed Of. the statement said. Defense
attorneys believed the Jackson evidence
will convince tair-minde6 persons
that the charge Of any wronedoine or
criminal act on. his part is wholly
without foundation in fact
Prosecutor William H. Renv said
he vas not prepared to say whether
the State would appeal from the
judges decision or what would be done
with the cases Of Marsh and Coffin.
The closing minutes of the trial were
strain on the governor. For the
first time he was affected vlsibly when
Judge McCabe took most of the after
noon TO study over his decision. When
the verdict finally was returned he
gave the crowded courtroom his first
smile since the trial began.
Judge McCabe. in his final decision
vigorously condemned the Ku Klux
Klan. fear of whose power. the State
charged. kept McCray from revealing
the alleged offer Of $4,000 and i'm
nunIty from embeZzlement charges
then pending against him Il he would
appoint Mcdonald prosecutor.
Judge McCabe said he could not sec
how any Governor Of Indiana could
have believed the Khan could have
controlled vereic;s in the courts.
slime and Disgrace"
I am perfectly aware OF the slime
and disgrace Of that organization. he
said. There Is no more regrettable
bit o. history in Indiana than the
organization and participation in poll
tics Of the Ku Klux Khan. II has
resulted IN dtshonor TO the State OF
Indiana"
The trial started February s. The
State used only seven witnesses
Former Gov. McCray and his attorney
James z Noel. both testified that Jack
son. then secretary Of state. offered
McCray the $4,000 bribe. D. C
Stephenson. former Khan grand dragon
snd now serving a life term for nur-
Ger. testified he was the donor Of the
$1,000. Former State Purchasing
sgen, Pred Robinson testified that he
first carried the alleged offer 10
McCray. who refused It.