The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-06-07

Times investigation Of the ad
in Marion County discloses to
WeintrOut was convicted
and now is in prison, although
afidavits on file in Marion
County Prosecutors office
claim Schmidt, while A pris-
oner in the county jail and
before he was drawn and
selected as a juror, had
asserted he would convict
WeintrOut.
According to George r. Tolen'
EhpIbvvilIs attorney who repre-
sented Weintrout. Clyde H KarreI
.rtsd as associate counsel IN Nein-
trout's trial. Mr.. Tolen has tolo Inc
-rimes ne does not know who en-
gagged Mr.. Ksrret 10 assist m the
trial If the case. Weintrout was
convicted on charges OF emoezzle-
nent and grand larceny.
CeIImates for Two Weeks
The Shelbyville attorney told The
Tunes that Weintrout had identifed
schmidt as his former cell mate
when Schmidt took his place IN the
jury box.
Records show Schmidt vas sd-
f1itted to the county jail on Jan IL
1894. and remained until March II,
when he vas released TO City Hos
pital. .
IN March q he re-entered TO
serve a an-dav sentence imposed oy
Federal Judge Robert c. Baltzen on
. charge Of sending obscene liter
AZURE through the mails. He was
released. after serving the sentence,
on June Is. according 10 records.
The same books show Weintrout
was admitted 10 county jal under
the alias John 3. WO-land on Feb
Is. 1884. and released Oh bond on
March n of that year. The jury
man and defendant we're cellmatss
for two weeks.
Investigation by the prosecutor 5
cfice revealed that Schmidt and
Weintrout had been cellma.es.
The Weintrout case is the one m
which Judge Prank P. Baker earlier
had engaged IN a verbal tilt with
DEPUTY Prosecutor John Kelly.
Verbal Clash Recorded
The incident. as reported in The
Times OF June 6. 1884. started when
NJ. Kelly and Mr.. Karrer had q YER
hal clash in court over delay on a
motion 10 ouaSh one count in the
Weintrout Indictment
Mr.. Kelly charged that Mr.. Ksrrer
was having one Of those Karrer
DELAY DAYS"
A few DAYS later Mr.. Kelly was
Informed the Weintrout trial date
had been changed from June IL TO
June 10.
Kelly Seeks Data
Can I depend on that date" Mr.
Kelly then asked
I don't want to hear any more
words like those YOU have used or
occasions in the past in my court, .
JUDGE Baker was quoted as saying "a
Mr.. Kelly.
L don't want 10 hear another
word out Of YOU" Judge Baker con-
Guided.
Records disclose that Schmidt was
released from iail on June Is ano
was summoned for jury duty on 3
kpecial venire Of so names that
Special Judge Ringer had ordered
drawn on June 10.
Opinion Expressed. Charge
Schmidt was accepted ss a juror
on June 81: the trial began on tie
following 6sy. and on June Is Weln-
trout was found guilty of enbezzle-
ment. Sentence Of 5 10 so years IN
the Indiana state Prison was pro-
nounced BY Special Judge Ringer
on June IS.
On July "a Mr.. Karrer filed e
motion for new trial. Afhdavits fileo
with the motion and notsrized by
Mr.. Karrer stated that Schmidt on
June rs had expressed an opinion
that Weintrout should be convicted
Schmidt also is alleged TO have said
that II he we're selected as q juror
regardless Of what the facts were
ne would see that he (Weintrout
vas convicted"
The afidsvits were signed by Ed
ward Seibert. c. T. Dyer and Harry
s. Peters. three Federal prisoners
who were in Jail with Schmidt.
In the states counter motion
Schmidt supplied an sfidsvit de-
nving the statements and asserted
his belief his name was legally
drawn for the jury.