The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-02-23

Judge Michael Feinberg
and the principals in the case
awaited the verdict for six
hours, most of which time the
jury spent in celebrating
whether to give the defend
ants the death penalty.
Six OF the twelve jurors favored
death in the electric chair. The
ninety-nine-year sentence was said
to have been a compromise. The
verdict read:
I'VE, the jury, find the defendant,
Roger Touhy, guilty in the manner
and form as charged in the indict-
ment and we fix his punishment at
nlnety-nine years in the peniten-
tiary"
Similar verdicts were read for
Schaefterand Kator. Judge Fem
berg thanked the jurors and then
said with unusual emphasis.
Il trust you will have no occa-
sion to regret doing what you have
conceived as your duty"
Roger TOuhy and the other de-
PENDANTS failed to catch the YER
dict. Defense Attorney William
Scott Stewart leaned across and
repeated it for him. Touhy arose
to his feet.
Drags Guard to BulIpen
The man who rose to overIordship
OF shooting, bootlegging. hi-jacking.
and extortion activities in twenty
suburbs and the northwestern part
OF the city, sobbed and ran for the
ouIlpen dragging his guard with
him.
In the bullpen he cried for few
minutes and then was led to his
cell. Schaeffer and Kator main
tanned the composure which marked
the conduct of all three defendants
during the trial.
Except for the defendants, others
IN the courtroom expected the guilty.
nndlng. Only the punishment was
IN doubt after 1920 p. m. At HAS
p. m. the jury sent the following
communication to the judge:
Is ninety-nine years the strongest
sentence which can be imposed be-
SIDES the death penalty? What is
the possibility of parole under the
above sentence"
Judge Feinberg was not permitted
to answer this query by law.
First Jury Disagreed
The jury's rapid decision con-
trasted with the result of the first
trial Of the three gangsters in
which a jury disagreement was de-
clared after two days of pickering.
L. w. Curtis, jury foreman, revealed
that unanimous guilty verdict
was voted on the first ballot.
The conviction was seen as the
final blow to gang empire which
rose to its full power from the
ashes Of the Al Capone reign. Only
two Of the gunner, bank robbers
and outlaws with which the six
Touhy brothers surrounded them
selves. remained unaccounted. They
were Charles (Ice Wagon Connors
and Ludwig Schmidt, both fugitives
There were two sensational days
Of testimony in the second trial. In
one of them the state built up what
seemed an impregnable case with
the complete confession from the
witness stand of Isaac tennessee
Ike) Costner, minister's son, who
had dabbled in whisky selling
enough to get himself into Atlanta
penitentiary, and hence into asso-
citation with hoodlums of bigger
caliber.
Frameup, Banghart Says
In the other, Basil Banghart,
gang member, put on the stand by
Defense Attorney Stewart, threw
the courtroom into an uproar with
the statement that the whole affair
was a scheme by Factor to avoid
eXtradition to England, where he is
charged with a 100000 stock
SWindle.
Costner and Banghart we're ar
rested in Baltimore as the second
Touhy trial was about to start.
Factor, with states attorneys police
went to Maryland, and identified the
pair as among his kidnapers
Costner, he said, was the god
guard" who had befriended him
during captivity. Banghart, he said,
was the man who kicked him and
had interrupted his prayers with
what's the use Of praying; your
life belongs to me"