The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-08-13
Philip Smith viii Plead
eIf-DefenSe in Death
of Terrence King.
BALKS AT STATEMENT
Prisoner Has Been in City
Since Search Started,
Says Lawyer.

Admission that he fired the
shot which killed Terrence
King, 81, rum runner, at the
Green Mill barbecue early last
Thursday, was drawn from
Philip H. Smith, alleged boot
logger, who gave himself up to
police this morning, detectives
announced this afternoon.
Smith, however, stolidly contend
ed that he fired in defense, be-
lieving that King was about to
shoot him. This indicated that
Smith would base his defense on
the first degree murder charge on
self-defense.
The surrender was arrangeS
through his attorney, James E.
Deery.
Smith gave his age as 20 and his
address as 1914 w. New York ST.,
when he was slated on a murder
charge.
According to Attorney Deery,
Smith will plead not guilty to the
charge of police that he shot King
in a quarrel over Kings attentions
to Smiths girl at a drinking party
at the Green Mill early Thursday.
Won't Talk to Reporters
Smith refused to talk to reporters.
He handed police this signed state
ment when he surrendered:
II have been informed that there
is a warrant for my arrest. I there
fore voluntarily am submitting to
arrest. I desire to state that do
not want to make any statement or
answer any questions of any kind
whatsoever.
Il stand on my constitutional
rights under such circumstances.
James E. Deery is my attorney. If
at any time any questions are asked
me, before answering them insist
that he be present to advise me"
Smith has been, in town all the
while police have been seeking him,
his attorney said.
Asked Legal Advice
Police Chief Claude M. Worley
declared that information he had
received which would have resulted
in Smiths capture in a short time
led to the surrender.
Deery declared that Smith had
intended to give himself up all the
time, but didn't know how to go
about it and wanted legal advice
first.
Smith first got in touch with him
Sunday night and he advised him to
surrender, Deery said.
Deery refused to indicate what
Smiths defense would be.
Deery phoned the detective de-
partment this morning and told
them Smith was ready to surrender.
He and Smith met Detectives John
White and Dennis Houlihan at a
downtown corner and went with
them to headquarters.
Houlihan and White began queS-
tioning Smith as soon as he had
been photographed and Bertillon
record taken.
Will Be Arraigned Today
He was to be arraigned in Mu~
nicipal Court this afternoon and
waive preliminary hearing. Then
he will be taken to county Jail to
be held until brought to trial.
Deery declared the defense will
be ready for trial as soon as Grim
inal Court sessions open in Septem-
ber. Deputy Prosecutor Vinson H.
Manifold declared the State also
will make efforts for an early trial.
Manifold will represent the State
at hearing Wednesday before Su-
perior Judge Joseph Minor on a
petition for an order padlocking the
Green Mill for year as public
nuisance.
1t was at the Green Mill two
years ago that Wilkinson Haag,
Haag Drug Company official, was
killed.
Mrs. Bessie Gipprich, proprietor
of the place, also has been arrested
on orders of Sheriff Omer Hawkins
on a criminal charge of maintaining
a nuisance.