The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-12-05
JUDGE ORDERS
COP Be Freed
IN RUM TRIAL
BaItzelI 0verruIes Motions
for ACquittal of Six
Other Officers.
FINDS TYNER NOT GUILTY
Government Stepped Close
to Entrapment' in Booze
Case, Is Belief.

Case, Is Belief.
Directing the jury to return an
acquittal verdict freeing patrolman
Otis Tyner, Federal Judge Robert
C. Baltzell today at the same time
overruled defense motions for direct
ed verdict for the six other police
men on trial, charged with con-
spiracy to violate the national pro-
hibition law.
Before directing the verdict free
ing Tyner, Baltzen declared he be-
lieved the government had stepped
close to entrapment" to gather
evidence against the officers when
two dry agents opened a decoy
speakeasy at 1918 East Twenty
second street.
Il believe the government might
have stepped into a place actually
in operation to obtain the evidence
in this case" Baltzell declared. "The
evidence reveals the government
was close to entrapment in this
case"
No Evidence Against Tyner
"There is no evidence against
Tyner in the conspiracy case. He
may have known about it, but do
not believe the evidence upholds the
governments charge"
Dry Agents Herman P. Kroencke
and Hugh McGrath, who had re-
lated how they opened the Twenty
second street speakeasy, testified
Thursday that Tyner and patrol
man Claude Ridenbaugh had
climbed in the agents car one night
with the threat, Were going to
bump you off if we find you're fed
eral agents.
Baltzell said his action relative to
Tyner did not have any bearing on
whether he believed "the others are
guilty or not guilty"
Call Character witnesses
Defense attorneys opened their
battle against the government by
calling character witnesses in behalf
Of the accused policemen.
Taking the stand in their own
defense, patrolnan Ridenbaugh and
Martin O'Brien denied the accept
ance of drinks or money. Riden-
baugh also. denied any part in the
death ride" on which dry agents
had testified they were taken by
Ridenbaugh and Tyner.
Prior to the close of the federal
case, dry agents frightened their
chain of evidence against the Of
ficers. A Negro enforcement officer
and two other Negroes corroborated
previous testimony of alleged drink
ing and money exchange by the po-
licemen.
Smith D. Wilson, Chicago, was the
Negro dry sleuth who took the
stand at the opening of court to-
day to reaffirm the testimony of
Kroencke and McGrath, federal
agents, that city police frequently
accepted drinks and money in the
decoy speakeasy Kroencke and Nc
Grath opened at 1913 East Twenty
second street.
Tell of Officers Drinking
Wilson testified he saw Sergeant
David j. Curran ard patrolmen
Ralph Lambert and Martin O'Brien
drink liquor in the speakeasy and
that he witnessed patrolmen
Thomas Gray and Ridenbaugh &C
cept money there.
Wilson also corroborated testi-
mony of Kroencke and McGrath
that they bought whisky and alco-
hol at 812 North Superior street,
$50 West Sixteenth street and 314
North Douglass street.
Georgia Lee Miles, Negro, who
said he had been employed by Hor-
ace Lyle, Negro undercover man,
who, in turn, had been loaned to
the agents by General
James NJ. Ogden, testified he saw
patrolmen Ridenbaugh and OBrien
accept drinks.
Alonzo Jones, another Negro, also
testified he saw Ridenbaugh drink
in the Twenty-Second street speak
easy.
Sergeant John O'Neill, police rec
ord clerk. was the fourth witness
of the morning. detailing assign
mentS of the implicated officers.
Death Threat Charged
Thursday. Kroencke and Nc
Grath, sent here by Colonel j. F.
J. Hebert. Chicago federal prohibit
toner administrator. to probe al
legged police corruption, asserted pa
trolmen Ridenbaugh and Otis Tyner
climbed in their car one night with
the threat, We're going to bump
you of if we find you're federal
agents"
Kroencke and McGrath, mistaken
by cross examination of Fred Bon
field and Wilbur Royse, defense at
torneys. spent three hours on the
stand Thursday detailing to q fed
eral jury alleged gifts of whisky and
money to policemen in return for
protection.
Policemen on trial include
Sergeant Joseph E. EverSon. patrol
men Ridenbaugh, Tyner. Gray,
Lambert, David J. Curran and
O'Brien. Other defendants are
Spinks, who has pleaded guilty, Cecil
(Pete) McDaniels. bootlegger, and
Price. A. J. Beasley, James Taylor