The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-12-05

police officer.
1t was expected that closing
arguments Of state and de-
Tense would require the re-
mainder of the afternoon
when court reopened at 1:3O.
Circuit Judge Fred Hines an
nounced that instructions would be
given tomorrow morning and the
iIIrv sent to begin its deliberations,
The result of which vii determine
whether Mason will die in the cleo
trio chair.
The states final shot at the allbl
defense prepared by Floyd Christian,
defense attorney. yesterday was in
cased in an official United States
weather bureau report, which was
introduced in evidence and read to
the Jury by Floyd Mattice, Marion
county chief deputy prosecutor.
Heavy Snowfall Reported
According to the report, there was
total snow fall of more than four
and One-tenth inches in Clifton, KY,
between Feb. 4 and Feb. Il. despite
insistent denials by defense wit
nesses that any snow had fallen in
that period
The matter of snowfall first was
introduced into the case by the state
when Kentucky police officers testi-
fed to watching Mason's house in
Clifton from Feb. for a week. They
said Mason was not at home, be
cause no tracks of any one leav-
ing or entering the house" were
visible in the snow.
The. defense made an important
issue of the snowfall and Mrs. Ma
RE Wolfe. Mason's sister; her hus-
band. Roman Wolff, and MaSonS
common-law wife. Miss Betty Clark
all of whom aided in preparing Ma
sons alibi. stated positively there
was no snowfall.
These same defense witnesses. to-
gether with Willard owens, a Gov
ington ky druggist, testified to
seeing Mason at a time which would
have made it impossible for him to
be in indianapolis on Feb. at 3
a. M. the time % the Staying.
Defense Pulls Surprise
Prosecutor Herbert F. Wilson,
Marion county, announced that first
of the state closing statements to
the jury will be made by Harold
Beelar. Hamilton county prosecutor,
who will address the jury for about
an hour.
Mr.. Christian will follow with a
three hour argument for the de-
tense and Mr.. Mattice will close for
the state.
Another surprise of the days
events included the sudden resting
of the defense case ten minutes af-
ter court opened at 10 this morn
ing. Expected to place Mason on
y the stand. Mr. Christian closed his
case with the introduction of further
alibi testimony from Emil Rivard
a Covington, ky, attorney.
Unable to be in court personally.
Mr.. Rivard'S testimony was written
into the record under a stipulation
agreement.
The states rebuttal consisted Of
testimony of two Indianapolis de-
tectiveS. Lawrence Mccarthy and
Robin Taylor. who stated Mrs Wolff
and Miss Clark told them they had
not seen Willie Mason for several
months" when the two girls were
questioned in April.
Gun Accident Explained
After Mattice fired the bombshell
of the weather report at the de-
Tense. there was no attempt at sur
rebuttal, and court was adjourned
for this morning.
An account of the manner in
which Mason suffered injury TO his
left foot. which later resulted in its
amputation. was given by Detective
Mccarthy, who related a story told
by Harold Thompson. a member Of
the gang now awaiting trial here.
Thompson told me they were
driving from Louisville to Clinton
to steal dynamite from the mines
in order TO make nitroglycerin,"
Mccarthy testified. The roads
were under water. which was Seep-
ing into the floor Of the car. In
an attempt to seize a shotgun from
the floor. Mason accidentally dis
charged the gun. with the charge
striking him and Eddie Miller"