The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-10

Kivett as associate counsel in an
action now pending in Morgan Cir
cult Court, but added this would
not prejudice him for or against
the defense.
Passed to the defense, Hollweg
was asked by Kivett if he would
vote for acquittal If there was a
reasonable doubt in his mind. He
said he would.
"If the court instructed you,"
Kivett next asked, "along this line,
you would have no hesitation in
following the instructions?"
EYES," replied Hollweg.
The question was taken as an in
dication the defense will ask for a
directed verdict of acquittal when
the evidence is in.
Hollweg, replying to further ques-
tions, said Stephelson'S alleged con-
nection wits the case would not
prejudice him.
Objection Is Sustained
"Would the fact that the Gov
evnor has not permitted anyone to
use blackmail or threats to get out
Of prison, prejudice you?" asked
Kivett.
JoElnson's objection was sustained
by the court.
would the fact that jackson
once knew Stephenson prejudice
you," Kivett asked. The reply was
mo"
Jackson shook hands with Judge
McCabe when brief recess was
taken.
The defense challenge for cause
against Coe met objection from
Johnson, who said the fact Coe pro-
fessed an opinion which would take
strong evidence to remove was not
the basis for a cause for challenge.
Judge McCabe answered "a man
ought not have an opinion that
would take strong evidence to re-
move" and Coe was excused.
Coe was succeeded by Dwight s..
Ritter, president Of Grassyforks
Fisheries, AIS Broadway.
jackson and attorneys chuckled
when Ritter gave raising goldfish"
as his occupation.
Close Friend of McCray
Ritter remained in the jury chair
long enough to relate his friend
ship with former Governor McCray
and his Son-in-law, William P.
Evans, both State witnesses. He
said he was a close friend of NC
Cray before he was convicted, and
wrote him letters while he was in
the Federal penitentiary at Atlanta.
Il have not talked to McCray
since he was convicted" he said.
my letters to him were friendly
I would do the same thing for any
one knew who was in trouble"
He said he has known Evans for
fifteen years since they attended
college together.
He admitted to defense counsel
that he was socially" acquainted
with Remy and Johnson. He said
johnson also was attorney for the
citizens school committee when he
was chairman.
Ritter said he knew Fred Rob-
inson, another State witness, when
he was State purchasing agent. Rit-
ter was removed by the defense's
fifth peremptory.
OiIar Is Questioned
George H. Oilar, 1121 E. Thirty
Fifth ST., who followed Ritter, said
Marsh had acted as his attorney
and he had heard jackson address
public meetings. Tho defense over
looked one point when they passed
the jury back to the State for
examination.
Through questioning of Oilar by
Remy it was revealed that James
w. Noel, attorney for McCray when
he was convicted in Federal Court
and States witness, was attorney
for Oilar's furniture firm.
He also said his company has bid
on furnishings for State institu-
tions.
After much questioning he said
that in fulfilling his duties as a
juror he might find some mental
work to do to put out Of my con-
sciousness some friendships"
Finally he decided he could act
impartially, despite acquaintance
with Marsh and Noel and his busi-
ness relations with State institu-
tions.
When Judge McCabe attempted to
interrogate the talesman when he
doubted Remys question had been