The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-11
BIZ Times Special


BIZ Times Special
LEBANON, Ind, Jan. 11.-Selec-
ton of jury to try Charles YER
non Witt and Louis E. Hamilton for
the murder of Lafayette A. Jackson,
Indianapolis chain store chief, May
81, 1881, was delayed here today
while attorneys wrangled over pro-
cedure.
Prepared to try the suspects to-
gether on the first degree murder
count, the state was opposed by de-
Tense attorneys, who said they
understood Witt was to be tried
first. Defense counsel said they
were not prepared to try Hamilton,
and said motion to separate the
cases will have to be filed.
The court had not ruled on the
matter shortly before noon.
The court was jammed with
spectators and fifty of 100 pros
pective jurors, drawn for examina-
ton by state and defense attorneys.
Prosecutor Herbert E. Wilson and
Floyd Mattice, chief deputy prose-
cutor of Marion county, and Ben
Scifres, Boone county prosecutor,
began examination of the taleSmen.
Ira Holmes, Indianapolis and Eliza
o. Rogers, local attorney, are coun-
sci for the alleged killers.
The statute under which Witt and
Hamilton are being tried, murder
during preparation of a robbery.
makes the death sentence manda-
tory, should the duo be convicted.
jury Choice May Be Slow
Selection of jury of Boone coun-
ty residents is expected to take at
least three days, while trial of the
case probably will last two weeks.
The state will charge that Ham
ilton and Witt attempted to rob
the Standard Grocery Company
headquarters, 419 East Washington
street, last May 81.
1t will be alleged that Jackson,
owner of the grocery chain, fired
at the pair as they entered the
IIOub QOOI VI lIle oIOIGs
For years Jackson had threatened
to fight it out" with bandits and,
on this occasion, he carried out his
pledge. He fired several times with
a rifle and was caught in the
bandits croS-fre.
Died Next Day
Mr.. Jackson died the day after he
was wounded.
The states case will rest heavily
on purported confessions of Witt
and Hamilton, which detectives said
the murder suspects signed after
their arrest.
Witt was captured by police in
Indianapolis as he approached a
rooming house two weeks after the
shooting.
Hamilton, branded the trigger
man." was nabbed in lola, Kan,
his home, in June. His parents came
to indianapolis for his arraignment
and today were in the Lebanon
courtroom.
Defense counsel will allege brutal
police methods we're used to obtain
purported confessions from Witt
and Hamilton and that witnesses
have erred in their identification
of the suspects as the alleged STAY
ers.
Fails to Recall Shooting
Hamilton, in his alleged state
ment to officers, declared he did Not
recall firing the shots said to have
struck Jackson, because he was
stunned by bullet from the gro
GERS gun which struck him in the
head.
One of the states chief witnesses
will be Detective Charles Bauer. He
was wounded by the bandits gun
fire when he ran into the store dur
ing the shooting. He and employees
of the store, who already are said
to have identified the defendants,
will testify.
With reputation of their alleged
confessions, it was indicated by de-
tense attorneys that Witt and Ham
ilton may take the witness stand in
heir own defense.
Delayed Several Times
Pre-trial action in the case in
cluded several poStponements and a
fight between Holmes and Sheriff
Charles (Buck) Sumner at the
Marion county Jail. Holmes alleged
he was refused admission to the
cells of the suspects and the battle
ensued.
Witt and Hamilton were brought
here Saturday from indianapolis.
Before being held in the Marion
county Jail, they had been in the
Indiana reformatory.
Opening of the trial is the second
important court battle to be waged
here in seven months. Mrs. Carrie
w. Simmons, of Wilkinson, was
tried for more than five weeks last
fall on a charge Of the poison MUIR
ders of her daughters in June, 1881.
The jury failed to reach verdict.