The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-04-03
Brothers. Jury Has
Not Reached Verdict

L1lgle, termed the "unOlIIClal pOACe
Chief" was believed assassinated for
one of two prime reasons, viz:
That he had double crcssed Ca
pone; or the north side Moran-Zuta
combine decreed the killing because
Lingle had presumably ordered the
closing of the Sheridan Wave, q
gambling house operated by "Pota-
toes" kaufman.
Theories Not Mentioned
No mention OF either theory was
made during the trial.
These theories caused addition OF
the question "why?" to the newspaper
headlines of who killed Jake
Lingle?"'
So when Leo Brothers, a st. Louis
taxicab driver. was arrested last De-
cember and the "Lingle board OF
strategy announced positively that
he was the killer. the public leaned
forward. listening for the answer
why was Lingle killed."
But the Brothers trial furnished no
answer.
Not one word as to why Brothers
or any other person should desire
Lingle's death was mentioned. There
was no evidence that Brothers ever
had see or known Lingle and none
to show who ordered the assassira-
ton or why Brothers should plan 1t.
OF the reporters life, little was re-
| vealed at the trial-only that he wore
q diamond studded belt buckle, q gift
| from AL Capone; and that he was q
| Gaily attendant at the races. The
life and character of Brothers was
not brought out and his movements
before and after the Lingle death
were not traced.
The trial was almost entirely a
matter of Identification. Fifteen per-
sons took the stand to testify they
were near the murder scene and that
! trey saw a person whom they believ-
| ed to be the killer. Eight state wit
| nesses identified Brothers as that
man; seven for the defense said ne
| was not.
The state witness who said he was
nearest to the actual murder was
| Clark Apologize, a Kentucky turfman
and friend of Lingle. He testified
that Brothers tossed a pistol near
Lingle's body and then ran out OF the
tunnel.
Did Not See Firing
Apologize did not see the firing OF
tie shot or the pistol in Brothers
hand, the testimony disclosed.
Otto Swoboda, a stocky Bohemian
chef, said he ssxv Brothers both be-
fore and after the murder. The Rev.
Father John Reynolds, of Notre Dame
university, testified Brothers "fits the
description" he had fixed in his MIND
of the man who ran from the SUBJ
way.
Two of the defense witnesses. Mrs.
Howard Wilson, an elderly housewife,
and Lawrence O'Malley, q switch
man, said they saw the actual shoot
ing. were within 10 feet of the MUIR
derer and that Brothers was no the
man. O'Malley was the only witness
who said he saw the pistol IN the
siayer's hand.
Paul Thorne, detective story writ
er, gave a detailed description OF the
man who fled from the tunnel and
he. too, said Brothers was not the
one. All the defense witnesses said
the slayer was only about five feet,
eight inches tall with blond hair,
whereas Brothers Is more than six
feet in height and has light chestnut
hair.
TO impeach witnesses. 1t was
brought out in rebuttal testimony and
attorneys arguments that Swoboda
and other state witnesses were on the
states attorneys payroll, that Apple
gate was a close friend Of Lingle,
that O'Malley was q friend Of a de-
Tense lawyer, that Mrs Wilson was
a sympathetic mother" and that
Thorne tried to sell his version OF
the story to q magazine.
The strongest feature OF the trial
vas the testimony Of Police Officer
Anthony Ruthy, stationed at the
Michigan avenue entrance to the tun-
nel in which Lingle was slain that he
had fruitlessly chased the supposed
slayer several blocks. He later 1den-
titled Frank Foster, gangster now UNI
Ger indictment in connection with
the murder, as the man he chased.
That was at the bail hearing after
Foster was returned from Los An.
geles, where he was arrested.
indictment II Mentioned
The defense made frequent refer
ence to the Foster indictment and
threatened to bring Ruthy In Is .
witness. Suddenly the officer was
brought on by the prosecution. M
nounced as mentally unbalanced and
placed ON the stand - . court Wit
ness. vouched for by neither side. This
was over the defense counsel's objec-
ton.
Ruthy told q fantastic story q
having visions ever since his skull
was fractured In 1924. He was having
enc OF those visions, he testified, when
l.s chased the Idngle murderer and
his mind was . total blank" when
he Identified Foster.
s'The state never thought Ruthy
was crazy until he failed 70 identify