The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-16
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KluX Khan, and could procure the
acquittal or conviction of McCray
and that McCray was in a serious
condition and could not afford to
antagonize them.
He read further in the indictment
where it alleged that McCray be-
lieved the statement, but commended
that his silence was not conceal
ment.
Called No COncealment
"The evidence shows that they
said: Keep this quiet but their
agreement, If any, that they
wouldn't tell is not an act of con-
cealment," Ewbank said.
Ewbank also commented on the
fact that Evans resignation as pros
ecutor preceded the offer by less
than one hour, but that Evans had
knowledge OF the alleged offer for
two years,
Commenting on Governor Jack
sons letter of denial to Boyd Gurley,
editor of The Indianapolis Times,
he said, 1T constituted merely de-
NAL, and denials do not amount to
concealment.
No Evidence of Letter, He Says
Further" he added, there was
no evidence here that the letter was
written. Neither is there any evil
dence that McCray was kept from
telling by threats and intimidation,
excepting when Stephenson testified
that he threw a scare into him and
put the fear of God in his heart %
The judge observed that Steph-
sons statement was a mere con-
clusion.
I'VE insist that this trial should
not be continued and should not be
dragged out any longer" Ewbank
said.
Called, Folly to Continue
Attorney Clyde E. Jones then ar
gued for the defense.
TT would be the height of folly
TO continue this case, since the
State has rested without proving the
COIICSdlHlSIlG, jules odIu.
IT believe it has been conceded
that the concealment is one of the
two most important elements. State
attorneys, during the argument on
the motion to Quash, laid great
stress on the fear of God that was
placed in McCray's heart. There
was nothing to show that Jackson
had anything to do with this al
legged fear or that Jackson stressed
the power of the Ku-Klux Khan as
stated in the indictment.
"There is no evidence that shows
anyone but jackson and Robinson
talked to McCray. In these things
the States case falls far short Of
proving the specific acts charged III
the indictment.
1.-THE record will be as silent as
tomb when it comes to a showing
that McCray was threatened with
conviction in Criminal Court if ne
failed to comply"
Jones said the indictment alleged
that McCray was in a serious stu
alton.
"He knew that" Jones shouted. II
don't recall that jackson said any
thing like that.
1.-THE indictment says that they
represented that MeCray could not
Z refuse this offer, but Evans testi-
mony showed that he did refuse it.
Challenges State
"Who testified that McCray was
in fear? The State never asked him
that question. The State alleged
McCray was silenced by fear for
three and half years, but they
didn't dare ask him that question,
: although they told the jury in their
opening statement that they would
prove it.
Regarding the allegation that he
couldn't afford to reject the offer,
the indictment alleged that they
could by the Use Of their power in
the State to secure McCray's con-
viction.
There was no testimony they
could secure anyone's conviction"
Jones placed great importance on
the fact that the State did not
question McCray as to the effect on
his mind occastoned by the alleged
conspirators' representations.
THE State contends that from
McCray's silence may be drawn the
inference of fear, but that is not
sufficient he said.
Only McCray Can Tell
jackson only said the converse.
ton was between himself and
McCray. That's not putting the
fear of God into McCray's heart
And McCray was the only witness
who could testify whether he was
placed in fear by the defendants.
why should this trial be con-
tinued as an effort to jeopardize
this defendants rights when there
is no case against him?
ITO what purpose should this case
be continued? Why take a week Of
the courts time. our time, and the
jury's time? What have we to an
swer? They are through. They alb
solutely have failed to prove the
allegation in the indictment.
I'VE we're called into court to
fight a charge supposed to have
been concealed by artif1ce and trick
cry that. talked about by some Of
the States witnesses, was known