The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-14

jackson is being tried on a
charge that he conspired with
George ". Coffin, Republican
county chairman, and Robert L.
Marsh, attorney, to bribe for
mer Governor Warren T. Nc
Cray to name a prosecuting at
torney favorable to the politi-
clans in December, 1928.
Robinson is said by the State to
have been the first man to carry
the bribe offer to McCray from
jackson. He mad no more than de-
scribed his lifelong friendship with
McCray than ,he defense pounced
upon State questions designed to
bring out descriptions of the con-
ference in Jackson's Office. jackson
then was secretary of State, at
which Robson was directed to go
to McCray with the alleged bribe
offer.
Argue Over Limitation
A long argument over whether
the statute of limitations ruled out
this testimony and whether it
ouched upon the vital point Of al
legged concealmeent of the offense
ensued. he court finally ruled in
favor of the State and Robinson
related in detail what happened.
The wiggling of Stephenson and
his attorneys to keep from testify
ing and yet not avowedly refuse to
testify furnished spectators with a
courtroom drama seldom seen here.
Here was a witness practically de-
flying a judge to make him talk
and the judge powerlesS to handle
him, because Stephenson already is
serving a life term and the court
could impose no greater punish
ment.
Steve Seeks Counsel
When court opened, Judge Nc
Cabe overruled the defense obIec-
ton to Stephenson answering State
qustionS, which had precipitated a
long argument Monday and neces-
STATED the prisoner remaining in
indianapolis all night.
Stephenson took the stand and
Immediately turned to the bench
and said:
Before I testify I'd like to con-
suit with my attorney, if I may. I
saw him in the hall"
Clarence Benadum of Muncie, one
OF Stephenson's numerous lawyers,
had tried to see Stephenson while
he was held in the grand jury room
upstairs and had nodded to the
prisoner as he was brought to the
courtroom.
Talks With Benadum
you are apprised Of your con-
stitutional privileges, aren't you?"
Judge McCabe asked.
do you mean, do I know what
they are or have I been advised?"
Stephenson asked.
The court then directed that the
prison guards be called and Steph-
enson be allowed to consult Ben
adum.
The guards took Stephenson,
Benadum, Deputy Prosecutor Will
liwa H. Sheaffer and Grand Juror
E. j. Gausepohl to room back of
the judges bench.
While they we're gone, Juror
Everett McClain asked the judge to
have the witness chair moved back
so the court reporter did not OBJ
scure the jury's view and to require
Stephenson to face the jury when
talking so the jurors could "look
him in the eye" The court promised
to do this.
Again Wants Advice
Five minutes passed and the
Judge directed Bailif Clarence
Clegg to notify Stephenson he had
long enough time and return him
to the witness chair.
When Stephenson returned, he
desired to confer with Hill, who was
not present.
The judge told him again the
thing for him to do was to testify
or refuse to on constitutional
grounds.
Stephenson courteously said he
was aware of his alternative, but
desired to consult with the other
attorney before comn7ittir himself.
The court permitted Stephenson