The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-03-15

The trial Judge raped his
gavel and sternly ordered
Makley to sit down.
The buzzing courtroom spectators,
enthralled by the sensational out
break, resumed their chairs in a
hum of whispers,
Makley's guards drew closer to
him as he ended his TRADE.
The verbal charge that Pierpont
was on trial more than he, was
made by the mobster shortly before
the noon adjournment.
Court re-opened at ] D. ~. With
the prosecution announcing that
Ed Shouse, one Of the Dillinger
gang and now a convict in the In
diana state prison, would not tes-
tify against Makley.
Refuses to Testify
Shouse refused to testify against
Makley. according to advices re-
ceived from the Indiana prison.
The parents of Harry Pierpont
and five witnesses to the holdup Of
the First National bank at st.
Mary's. O., were to be witnesses at
this afternoons session.
An appeal to the Ohio supreme
court and possibly to the highest
tribunal in the nation the SUI
preme court of the United States
will be made by Miss Levy, indian
apclis attorney, in an effort to free
the three Indiana terror mobsters"
held here charged with the murder
Of Sheriff Sarber.
Comparing the trials Of Pierport,
Makley and Russell Clark to the
Scottsboro case. Miss Levy asserted
that more prejudice has been IN
cited against my clients here than
against the defendants in the cels-
DRAFTED Alabama trial.
IF the prisoners are all convict
ed here" said Miss Levy, Il shall APP
peal to the state supreme court for
writ of error and to the United
States supreme court on the charges
that the constitutional rights of
the defendants have been violated"
Time and again" the Indianap-
oils attorney asserted, Il have told
the court that the presence of fire.
arms in the courtroom, openly dis
played and the military guards
have searched all persons in sight
Of the jurors have been prejudicial
to the defense"
AIibi TO Be Presented
Makley will base his defense on
an alibi that he was in st. Mary''s,
O.. at the home of his half brother
Fred. at the time Sheriff Sarber was
killed. Yesterday Clarence Miller of
defense counsel told the jury that
Makley rode up from Cincinnati TO
St. Mary's on Oct. II and stayed
constantly at his brothers home I'M
til Oct 13.
The defense will parade perhaps a
score of witnesses. many of whom
testified in the trial of Pierpont, in
the attempt by the state to prove
that Makley is as guilty as Pierpont
Of the actual murder. E. M. Botkin,
prosecutor, will attempt to show, IT
was indicated, that the blows on the
sheriffs head alleged to have been
struck by Makley might have been
the cause of the sheriff's death, or
contributed to bis demise.
First witness was Deputy Sheriff
Wilbur Sharp, who was witness
to the Staying Of Sheriff Sarber Oct.
u
He identified Makley as the man
who struck the sheriff on the head
with the butt of a revolver, as the
sheriff raised on an elbow after
being shot by Pierpont. During the
testimony, Makley looked directly
at officer Sharp and scowled.
Mr.. Sharp said that he was play
ing with a dog in the sheriff's Office,
while Sheriff Sarber sat at his desk.
working a crossword puzzle. Mrs.
Sarber was present.
Three men, later identified as
Pierpont, Makley and Harry Cope
land, entered, the witness said, and
said they were officers from Michi-
gan City. When asked for creden-
tlalS, Mr. sharp Sald, Plerponb GREW
a weapon and said:
Here are our credentials"
After shooting the sheriff, the
mobsters obtained the Jail keys
from Mrs. Sarber and forced Mr..
Sharp to unlock the door to Dill
fingers cell, it was testified.
Garb Is Described
Sharp testified how he appealed TO
Copeland one of the Dillinger gang
not to beat up the sheriff as he lay
on the floor of the Jail
He described Makley's garb on the
day o. the delivery and how his
gun was discharged accidentally dur
ing the excitement of the jailbreak.
The sheriff's bloodstained psjamas
and overcoat we're introduced by the
prosecution over objections of Miss
Jessie Levy. Makley's attorney, and
shown TO Sharp. 4 a