The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-03-20
MAKLEY SEEKS
NEW TRIAL AS
CLARK'S OPENS
Jury Selection Under Way
in Hearing for Third
Terror MobSter.
BY BASIL GALLAGHER,
Times staff Writer

LIMA, O., March 20.-DeciSion t.
file a motion for a new trial fol
Charles Makley was announced to-
day by Miss Jessie Levy, Indian
apolis, defense attorney, as selec-
ton of a jury to try Russell Clark
terror mob member, neared.
Clark'S trial was recessed at moor
for one hour, with the defense, but
not the state, having concluded its
questioning. Peremptory chal-
lenges were to be made this after
noon and it was expected the jury
would be seated late in the after
noon.
Miss Levy said she had abon.
doned the plan of calling Brigadier
General Harold M. Bush as a de.
Tense witness to show prejudice, ex'
planning she had found it was toC
late to do this after filing a mo-
ton for a change of venue.
This motion and a plea in abate-
ment were overruled today BY
Judge Emmit E. Everett.
DliInger HlQeOuJ hunted
Undercover men working under
General Bush today made a con-
certed effort 10 discover the hiding
place of john Dillinger in and
around Lima, the general clinging
to his theory the desperate is hid
ing somewhere near the jail.
Ar LO Di1i,1anav tx,
tenSely was carried along on the
180-mile front, from Lima to the
Canadian border, defense attorneys
for Clark, third member of the
Dillinger gang to stand trial for
the murder of Sheriff Jess Sarber
laid their plans. Clark's trial be-
gan yesterday with the unique an
nouncement by his attorneys thai
the prisoner docs not believe in
capital punishment and therefore
contends that the jury selected by
the prosecution, believing in cap
ital punishment, is not technically
a jury of his peers"
Harry Pierpont, trigger man" of
the gang, and Charles Makley Dill
linger gangster. have been convict
ed of the murder of the sheriff.
y Mother Greets Clark
Clark was greeted in the court
room by his mother. two sisters and
two brothers. in-law.
One of the brothers-in-law Jess
Norton, Detroit, carried Clark S
14-months-old niece, Barbara Lee
Norton, who presented quite con-
trast to the otherwise grim atmos-
phere of the murder trial, with its
armed guardsmen.
The child tugged at Clark's col
lar and played with a small mir
ror Clark gave her
Photographers for newspapers
took pictures of the child, and when
a flash ouib cracked and made a
noise Barbara said: Bad boy"
During the questioning of tales
men, Clark's mother shuddered ev-
cry time the word murder" was
mentioned.
PierpOnts Mother Attends
In the rear of the courtroom was
the mother of Harry Pierpont, who
is to be called as a state witness.
1t was learned today that Pier
pont and Makley, both facing death
in the electric chair, received two
pamphlets by mail yesterday, one
entitled: Life Adds to Death" and
the other. "Reincarnation.
They displayed little interest in
reading the pamphlets.
After receiving reports of threats
to attack headquarters of the guards,
in the Norval hotel, General Bush,
at midnight last night, ordered ele-
vators in the hotel halted at the
third floor, and stationed armed
guards on the stairway leading from
the first floor.