The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-08-26
JUDGE AGAIN
FREES DRIVER
IN DRUNK CASE
Identification Not Positive,
So CIaffey Once More
Goes Clear
FAMILY OF FIVE HURT
Only One of Six Cops Is
Called and His Memory
Is Foqqy.

So far as charges under criminal
law are concerned, Rudolph Claffey
and his associates apparently have
nothing to fear, records revealed to-
day.
Twice within a month Claffey has
escaped punishment on charges
which included blind tiger, driving
while drunk, drunkenness, carrying
a concealed weapon, and reckless
driving.
In both instances he was released
in the court of Municipal Judge
William H. SheafTer.
Claffey's latest victory over the
law took place Thursday, when he
and three other men were arraigned
before Sheaffer on charges which
resulted from an automobile COLI
sion Sunday. July "A. causing in
jury of family OF five-the par
ents and three children. One of the
latter is still a patient in city hos
pital.
Family Hurt in Crash
After being at liberty under bond
provided by Al Farb, professional
bondsman, Claffey. 1907 East
Thirty eighth street, and the other
men were arraigned Thursday.
Others accused we're Don Carson,
SOB West Thirtieth street; Phil Wag-
Schal, Colonial hotel, and Paul Rust
704 North Capitol avenue.
Claffey was charged with reck-
less driving, drunken driving, drunk
enness and carrying a concealed
weapon. The other three faced the
latter two charges.
The four were in an automobile
which struck the car of Leo Hemel-
gran, 335 North Bancroft avenue.
He was accompanied by his wife.
Mrs. Mary Hemelgran; their chill
dren, Mary Catherine, g; Thomas,
6, and Annie, 2.
The crash occurred at Twenty
first street and Sherman drive, All
the family and Carson were sent
to city hospital by police. Mrs
Hemelgran was the only one of the
family conscious.
Identification Not Positive"
Despite testimony that the speed
OF the car Claffey is said to have been
driving was fifty to sixty miles an
hour, he was not convicted of any
charge. Sheaffer ruled that there
was lack of positive Identification as
to who was driving, although police
reports said Claffey was at the
wheel and the same reports said
AL drunk" in reference to him and
his companions.
With exception of the drunken
ness charges, all we're dismissed on
motion of S. c. Bodner, defense at
torney. Judgment was withheld on
drunkenness charges against Wag-
schal and Rust.
Although six policemen visited the
scene of the accident, only one. Will
liam Fischer, patrolman, was on the
witness stand. He failed correctly
to identify any one of the four de-
PENDANTS.
Other officers at the scene were
Lieutenant John Sheehan. Sergeants
Kent Yoh and Martin Fahey, and
patrolmen William Marks and John
Wilson.
Pistol in Car, Say Police
The car in which Claffey and the
other men were riding contained
loaded 30calber pistol, the police
reported. None of the accused would
admit ownership in court, and the
weapon charge was dismissed.
A fifth man is said to have fled
from the scene of the crash. carry
ing firearms described as several"
and three"
Bessie Sullivan, 1909 East Thirty
eighth street, was the owner of the
automobile. She and Claffey were
arrested July % on blind tiger
charges, following raid by Serg-
cant Wayne Bear and squad. in
which it was reported 176 quarts of
bottle beer and twenty-eight gallons
brewing were seized.
Sheaffer on July q sustained
defense motion to suppress evil
dence and the two were discharged.
Mary Catherine Hemelgran, suf-
fering from head and spine injuries.
has been in the hospital more than
a month and relatives said today
that physicians have given them no
assurance as to when she will be
able to leave.
None OF the occupants of the
other car, according to the Hemel-
gran family, have offered any finan-
cial aid or otherwise evinced anv
interest in the matter.