The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-03-16
BY BASIL GALLAGHER
Times Stan Writer

BY BASIL GALLAGHER
Times STAFF Writer
LIMA. o.. March 16.-Branded
b. the widow Of Sheriff Jess Sar-
Der as. one of the sheriff's slsyers,
Charles Makley today began des-
perate fight for life
The state rested at 9:35 a. m,
following testimony of Mrs. Lucy
Sarber. buxom, middle-aged widow
Of the slain sheriff, last state wit
ness. and Makley's brother. Fred
Makley. st. Marys. o.. who took the
stand as the first defense witness,
TO estab lish an alibi.
After the brothers testimony
court was recessed until afternoon.
at the request of defense attorneys.
who expected to decide during the
interval whether or not Makley and
Harry Pierpont would take the
stand.
When the state rested. Miss Jessie
Levy, defense lawyer. made the
usual motion for q directed verdict
citing numerous legal technicalities
which was Over-ruled.
Fred Makley Testifies
Fred Makley testified that Charles
Makley came to his home in ST.
Marys at midnight Oct. IL and
stayed in the house until about mid
night Oct. 13. Sheriff Sarber was
shot, In the Diilinger jail release,
Oct. II.
The brother said he had not seen
the terror mobster for about seven
years. except one night about the
time .ot the st. Msry's bank robbery
Prosecution sought to bring out
an admission that Charles Maklev
had stolen Fred Makley's wife and
taken her to Hammond. Ind, about
eight years ago. but this the witness
denied. although he did admit he
gave authorities certain information
which enabled them to trace Charles
to Hammond before his arrest for
bank robbery several years ago.
Admits Harboring Brother
He admitted. freely. that he har-
bored his brother. asking Prosecutor
E. NJ. Botkin. Wouldn't you?"
During his testimony. the brother
refused to face the jury because of
the row of newspaper cameramen
between him and the jury.
AS Mrs. Sarber pointed out Max
ley as the terror mobster who struck
Sheriff Sarber on the head re-
peatedly after Harry. Pierpont had
shot him twice. her voice shook and
she appeared on the verge of tears.
but controlled herself.
Defense attorneys. including Miss
Jessie Levy and William Fogarty.
Indianapolis. we're apprehenSive Of
the effect of the widows testimony
He hit poor dad on the head
several times. awful blows the
widow testified. pointing to Makley.
PierpOnt Shot Twice
I couldn't stand it any more.
Just then Pierpont who had fired
the two shots which killed dad.
rushed up and took the keys Then.
he went toward the Jail door. push
ing me ahead of him. Suddenly. he
rushed back and got dads gun out
of the desk drawer They told me
to stand back and as they went
into the Jail, I heard shot and
saw Dillinger loose.
Il walked over to dad. who was
sprawled out on the floor and he
whispered, hosrsely: Oh. men. why
did you kill me?' Turning to me-
he said: Mother. I believe I am
going 10 have 70 go. He was lying
in 2 terrible pool of blood"
Mrs. Sarber said she pleaded with
the gsngsters to let her stay in the
same room with the dying sheriff.
but that one of them grabbed her
arm roughly and pushed her into
the jail. She said she had black
and blue marks on her arm several
weeks.
just previously. she had told how
the three mobsters had entered the
Jail Office, pretended to be Michigan.
City officers. and then shot and beat
Sheriff Sarber when he asked for
their credentials.
Shot While Seated
She said the sheriff was shot
when. seated at his desk working a
crossword puzzle. he reached into
his drawer for his revolver. saying:
You can't do that. men"
At this point. Pierpont. who was
aiming q weapon at the sheriff,
fired twice, she testified.
Defense attorneys frankly were
elated yesterday when testimony of
Wilbur Sharp. deputy sheriff, and
Don Sarber, son of the slain sher-
III. and his successor in ONCE, had
been heard
Don Sarber testified that his
father told him just before he died
that the three gangsters who raided
the Jail on the night when the
sheriff was shot, all were big men,"
Miss Levy fastened TO point cut to
reporters that Makley Is not a big
man." being only slightly over
feet. 7 inches.
Sharp told the court that ne had
been unable 10 identify Makley's
picture as the man who admin
istered the heavy blows on the
sherifis head. The defense is ex-
pected 10 make much of these two
pointa
Mrs. Lena Peirpont. mother of
the convict. was seen early today in
Lima after a mysterious visit to
some unknown part OF Indiana. She
may ~ rallied tn testify in the