The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-11-27
MASON OPENS
COURT BATTLE
FOR HIS LIFE
State Urges Death in Chair
for Alleged Slayer of
Sergeant Jones.
FEAR DELIVERY EFFORT
Guards Patrol Trial Scene
and County Jail at
N0bIeSVhIe.
BY JAMES A. CARVIN
Times STAFF Writer

NOBLESVILLE, Nov. 27-With
the last mile" and the electric chair
awaiting him if his guilt is proved,
William H. Mason went on trial
today for the alleged murder of
indianapolis police Sergeant Lester
Jones.
Opening statement of the state,
by Floyd Mattice, chief deputy
prosecutor OF Marion county, pic
tured events in the case from the
time Sergeant Jones and a squad Of
two patrolmen answered the fatal
radio call until the time the alleged
slayers we're captured in Coving-
ton. Ky.
Sergeant Jones and his squad, ex-
pecting to investigate a fight at the
Peoples Motor Coach Company ga
rage at indianapolis, walked into
a whitening blast of machine gun
and pistol fire from the surprised
bandits holding up the garage en-
ployes
Later, alleged members of the
gang we're captured by Kentucky
police and returned to Indianapolis.
Two of the gang, Fred Adams and
George Schwartz, last week pleaded
guilty to the murder charge and
were sentenced to life impriSon-
ment.
Names Five as Slayers
Speaking in low and we'll modu-
lated tones, Mr. Mattice related the
entire story of the Staying and the
events which led to the capture oI
the alleged gang. There was not a
sound in the courtroom as the spec
tators hung on every word of the
story, which resembled well
planned detective novel.
The audience was taken in Mr..
Mattices word picture to the Peo-
pies Motor Coach Company garage
at Twenty second and Yandes
streets, in Indianapolis, where the
Staying occurred Feb. 7.
The opening statement outlined
the invasion of the garage by the
five men under indictment. They
were named as William Mason, the
defendant here; Edward CFoggy)
Dean. awaiting trial in Marion
county; Harold Thompson Red
Gibberson). in Jail here awaiting
trial, and Fred Adams and George
Swartz, both of whom are now in
Michigan City state prison serving
life sentences after pleading guilty.
Rival Attorneys Clash
Mr.. Mattice and Floyd Christian.
defense lawyer, clashed during the
opening statement when the latter
objected to wording of the deputy
prosecutors remarks.
The jury will be satisfied regard
ing the truth of this evidence" Mr..
Mattice asserted, when Mr.. Chris
tan objected to use of the word
satisfied"
Mr.. Christian, member of the
firm of Christian & Waltz, ap-
pointed by Circuit Judge Fred Hines
to defend Mason, will make the de-
lenses opening statement.
He has indicated that the defense
will show Mason a victim of gang
reprisal, and who. during torture and
abuse. suffered injuries which later
caused amputation of his left leg
below the knee.
While the attorneys are outlining
their cases to the jury, heavily
armed guards will patrol the court
room and corridors to prevent pos
sible release of the prisoner.
Delivery Attempt RumOred
Finding of an unexploded dyna-
mite cap on the courthouse lawn re-
awakened run"~s that an attempt
would be .uaue to deliver Mason
and Harold Thompson, another al
legged gang member. Sheriff Frank
Hattery also reported he had
learned from an unrevealed source
that delivery would be attempted.
Armed guards also patrol the
corridors in the Jail near the cells
where Mason and Thompson are
confined at night. and will remain
on duty for the duration Of the
trial, Sheriff Hattery said.
First witnesses of the state today
are expected to be Michael McAllen,
a member of Sergeant Jones squad;
Wayne FrittS, night foreman at the
coach company garage, and DR..
John Salb. Marion county coroner.
Murder in preparation of rob-
berry. the crime with which Mason
is charged, carries a mandatory
death penalty on conviction. Each
Juror was required by the state to
avow willingness to favor the death
penalty if guilt is proved beyond
reasonable doubt