The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-16

/ never saw him any other time.
an abrupt end became apparent late
Wednesday, when Judge McCabe,
ruling on an objection to question
asked McCray, expressed the opin-
ion that there had as yet been no
evidence of definite positive acts Of
concealment.
UNLESS these are shown" he said,
after the jury was excused, there
can be no conviction. because con-
cealment alone will serve to bring
the alleged offenSe within the posi-
bility OF prosecution, under the
statue of limitations"
did you ever tell any one?" was
the question Special Prosecutor
Emsley johnson had asked McCray,
referring to the alleged repeated
offers Of bribery mace him.
Defense objection resulted in
Johnson's outlining his reasons for
believing the question admissible
He contended that McCray's con-
cealment of the alleged offer was
effected by the threat of power of
the Ku-KluX Klan, held by the
alleged conspirators.
This threat" he argued, twas
more effective than if revolver had
been held over McCray's heart" He
commended further that the fear in
stillled in McCray kept him silent
during his Imprisonment, when his
effort for parole might have been
jeopardized by any revelations of the
offer.
The court interrupted johnson TO
say that silence does not constitute
concealment."
johnson asserted it was matter
for the jury to decide. after con-
Sidering the evidence, and taking
into consideration McCray's circum-
stances and his nature.
Evidence in this case" he said,
has shown that one person said he
had thrown the fear of God into
McCray's heart and another that
he had told McCray, You keep this
quiet
Contends Jury Can Decide
This was a man in great menta,
distress. He was silenced by definite,
affirmative, positive acts. Why was
he told of the power held by the al
legged conspirators if not to silence
him? The jury has the right to draw
the inference there was conceal
ment."
Judge McCabe reminded johnson
that it was for the court to de-
termine what sort Of evidence was to
be admissible.
Suppose" said McCabe. that for
the sake Of argument, we grant there
has been evidence to prove the Of
Tense was committed. You not only
are required to prove facts which
go to make up the crime charged,
but must show positive acts Of con-
cealment."
Allows the Question
After Johnson further resisted the
objection, the court told him:
II will allow the question, if you
wish, but do not want you to re-
gard it in the light of admissibility
as evidence of concealment."
But johnson Withdrew the ques-
ton. The jury was recalled and
examination proceeded along other
lines. The prosecution was faced,
in view of the courts remarks. with
the problem of producing evidence
an11nao 1r,1oYat
1t was regarded probable that,
upon completion of the States case,
probably today, unless new evidence
tending to prove concealment was
introduced, the defense would move
for dismissal, on the grounds that
there has been no evidence Of con-
cealment
The courts expression encouraged
the belief that such a motion would
have hope Of success. If such mo-
ton we're made and granted, the
trial would be at an abrupt end. On
the other hand, it was pointed out,
the court might conclude the permit
the jury to judge whether the
evidence supported concealment.
Would Require Week
With the defense having prom
ised to clay open" the Governors
whole career, a week or more proba-
bly, would be required to hear de-
Tense witnesses.
McCray. under heavy emotional
strain, Wednesday afternoon told
how both Fred B. Robinson, former
State purchasing agent, and Jack
son came to his Office with the bride
offer. His testimony came as the
second climax Of a sensational day
in court.
D. c. Stephenson provided the
excitement throughout the morn
ing, with frequent brushes with de-
Tense attorneys.
William P. Evans, McCray's SON
in-law, and James w. Noel, attor-
ney for McCray. substantiated tes-
tiraony of McCray and Stephenson
about conferences upon the bride
offer.
The State completed the bulk of
it's testimony against Jackson in the
one day.