The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-12-09

NAAOOAAN~A . ~ ~ 80 NNN@~fO - .
charged with murder.
Declaring that their failure to
reach a verdict in the case of
Mason charged with the machine
gun killing of indianapolis police
Sergeant Lester Jones tended to
breed contempt for the law, Judge
Rines reviewed recent lynchings in
California, Texas and Missouri, be-
fore discharging the talesmen at
$3.50 p. m.
In thirty-minute TRADE, Judge
Hines scored the jury relentlesSly
for their failure to bring in ver-
dict after a little less than thirty
hours elaboration.
Displaying great emotion as he
began his lecture to the jury, Judge
Hines voice choked several times
during the course of his address to
the jurors.
Breeds Contempt of Law
"There have been lynchings in
California, Missouri and Texas dur
ing the last few days." he declared.
"Only yesterday a mob in Texas,
with bare hands, tore out the heart
of a prisoner and paraded the
streets with it.
1.-THE people say they are afraid
the criminals will be acquitted, ana
they are justified in that fear. The
guilt or innocence of this man
was laid before you like an open
book, but you failed IA read it. {fhe.
ronefiforcemert of TIE law breeds
contempt of the law and we are not
enforcing the law today.
Mob violence is running riot IN
this country. There isn't going to
be any mob violence in Hamilton
county, though, even if we have to
triple our law enforcement forces,
Judge Hines cried.
From the taking of the first bal
lot at 2 p. m. yesterday, jurors in
the Mason trial voted nine for con-
viction while the other three tales
men wrote on their ballots recon-
mendations that Mason be given a
life sentence, although they con-
sidered him guilty of participating
in the holdup of the Peoples Mo-
tor Coach Company, Feb. Z, in which
Sergeant Jones was killed.
Death Penalty Mandatory
Mason in the trial yesterday was
charged with murder in the COM
mission of a robbery with the death
penalty mandatory upon conviction.
Recalling, in the course of his adj
dress to the jurors. that all of the
talesmen had taken an oath to fol-
low the law and under its provisions
in the Mason case, could only vote
the defendant guilty as charged or
acquit him, Judge Hines said.
eff two or three of you jurors set
your opinions against your fellow
jurors, you were not fit to sit on
this jury"
Following nearly thirty hours of
elaboration Judge Hines called for
the jury at $3.50 p. m. and asked
Emery Phillips, foreman, if the jury
had reached a verdict. mo-" re-
piled Phillips, but I suppose they
can reach a verdict later
Ratio Same All Day
Asking permission to speak
Charles Hamer, a juror said, "the
ratio has remained the same on all
ballots cast by us today"
Judge Hines turned to Herbert E.
Wilson, prosecutor of Marion county
and asked if it was agreeable to him
that the jury be discharged. Mr.
Wilson replied in the affirmative
and turning to the jury box Judge
Hines said.
Il am surprised that you have not
arrived at verdict. If the Job of
picking jury had been given to
me, could not have selected more
representative citizens of Hamilton
county. You all came here qualified
to sit as jurors and I expected you
to make a verdict. am not 60
ing to take any blame for you not
reaching verdict"
In the course of his remarks,
Judge Hines referred to the hun
dreds Of dollars" that were wasted
because the jury failed to reach a
verdict. "All this money has been
thrown away" he declared.