The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-09-28
FARM MOTHER
ON TRIAL. FOR
POISON DEATH
Mrs. Carrie Simmons Faces
Murder Charge; Child
Was Victim.
lContinued from Page onel

when she whispered few times to
her husband and defense counsel
Other members of her family sat
nearby.
Only break in Mrs. Simmons Sc
rious mien came after the morning
session Of court, when Sheriff Small
told her they were going to the jail
to get our beans"
Mrs. Simmons laughed and told
Small she was hungry.
Refuses to Make Statement
At no time since she was charged
with the poison murder has Mrs.
Simmons made any statement. 1t
appeared she will maintain this at
titude until she is called to the wit
ness stand to deny, in her own
words, the circumstantial charges
the state of Indiana has laid at her
feet.
That Mrs. Simmons will testify in
her own behalf was announced to-
day by Robert H. Tyndall, defense
counsel.
Mrs. Simmons will take the stand
to tell her story he said. I'VE want
to tell the story, but didn't get the
opportunity before the grand jury"
Question of Ben Scifres, Boone
county prosecutor, to determine
whether prospective jurors had any
scruples against the death penalty
brought opposition from the de-
tense.
Lawyers Are Rebuked
In the majority of the instances
Hornaday upheld the states attor-
ney, asserting it was his right to
quiz the jurors on the question, al
though their duty only is to find
the defendant either guilty or not
guilty. Under the Indiana law the
court fixes the punishment when
guilty verdict is returned.
After Scifres and w. H. Parr Jr.,
defense attorney, staged a verbal
wrangle when Parr challenged the
prosecutor as to whether the latter
wanted to try this case," the court
scored the lawyers.
II want it understood at the be-
ginning of the case that any objec-
lions will be made to the court and
not among yourselves" Hornaday
said. 81 will not tolerate any argu-
mentS between attorneys"
Three Are Dismissed
Seat No. 2 in the jury box ended
the career of three men as jurors in
the case. All farmers, Otis Bats,
George C. Clever and Arthur Boles,
were dismissed after brief question
ing. Bats was prejudiced against
circumstantial evidence, and the
others had scruples against the
death penalty.
Although the prosecution bore on
the death penalty questioning, it
was reported reliably that the state
probably will not demand death in
the electric chair for Mrs. Sim
mons.
Simmons spent some time in Jail
with his wife before the trial opened.
It was then that she was told her
son George had been involved in an
automobile accident near Greenfield
Sunday night, in which two persons
were killed.
George Simmons walked to the
courtroom with his face dotted with
bandages.
Ign n~Ozo-.A
Neither Mrs. Simmons nor her
husband made any effort to dodge
newspaper photographers, who
awaited her first step from the Jail
since her arrest three months ago.
One hundred fifty veniremen
were on hand in the circuit court.
in readiness to fill the vacant places
in the jury box
A body of friends of the Sim
mons family from the Nameless
Christian church near Greenfield
were in the courtroom audience.
They spent Sunday evening in pray
ing for her acquittaI.
Approximately sixty witnesses
have been summoned in the case.
Every member of the Simmons and
Pollard families who attended the
fatal picnic has been called to recite
from the stand the events leading
up to and following the poisoning.