Lima News, The (Newspaper) - March 6, 1934, Lima, Ohio WEATHER AND TEMPERATURES or Snow Wednesday M 1 p m 31 fct t m THE LIMA NEWS OHIO'S DAllAr HOME EDITION 12 VOL 47 FULL WIRK OP THIS PRUSS LIMA OHIO TUESDAY MARCH 6 1934 PRICE THREE CENTS TRI COUNCIL ASKS C W LONG TO RESIGN POST Collins Leads Fight In Body Against City Solicitor SCENES AT OPENING OF PIERPONT MURDER TRIAL VOTE ON RESOLUTION Attorney's Connection With Gangster Case Basis Of Unusual Move a vote of 5 to 2 the council night requested C W Long to resign as city for the good of the The resolution introduced by E D Collins councilman from the Fourth ward was based on the fact the city solicitor also accepted and engaged m the defense of barged with the crime or murder More than a month ago the city solicitor became one of the defense attorneys for the bandit who dai went on in com- mon picas court for the of Jess L Sarber m a raid on the county jail Oct 32 to liberate John The resolution adopted bv the council describes Long's position as a of public trust It further terms the solicitor's dual as inconsistent with good judgment and in violation of his duty The roll call on adoption of the resolution which was seconded ny W S Murphy councilman from the ward showed the ing- Against adoption Carl Manus First ward and W L guson Third ward For F Ogle ond ward Collins Fourth ward Roy Marshall fifth ward phy Sixth ward and Frank E McClain president of the council LONG NOT PRESENT At the thf council took this j action City Solicitor Long was at a hearing in common pleas court conducted by Carl V chief justice of the Ohio supreme court to determine whether Judge E E Everett should be permitted to preside at Pierpont's resolution adopted bj the council reads as C W Long is the elected city solicitor of the city of Lima Ohio and Whereas the police department and this council are and should be m the prosecution of criminals and crimes committed in the city of Lima Ohio and said C W Long as such city is the legal ad- of said police department and also has accepted employment and has engaged in the defense of Harry Pierpont charged with the crime of murder committed in said city and Whereas this council is of the opinion that such dual ment is inconsistent with good judgment m violation of his duty and constitutes a betrayal of the trust placed in said official by the public and has a bad moral effect upon confidence the citizens of said city should place in its public of- now therefore Be it resolved by the city cil of the city of Lima Ohio Section 1 That it is the re- quest of said council that said C W Long resign as city solicitor of the city of Lima Ohio for the good of the city Section 2 This resolution shall be in full force and effect from and after the earliest period lowed by law and its approval by the mayor FIGHT BRINGS CONFUSION Adoption of the resolution was are scenes taken in common pleas courtroom Tuesday as the 1 trial of Harry Pierpont accused slajer of Sheriff Jess Sarber got under left is shown Judge E E Everett who Is presiding In the upper center Pierpont Is shown as he entered the court room and at the upper right he is shown hiding his face from photographers Standing In front of the henth are Don barber and Deputy Hugh Moorman Lower left Is blumn Joseph Flick assistant prosecutor Ernest M Botkin prosecuting attorney and Benjamin S blotter assistant prosecutor At the right center Pierpont Is shown conferring with one of his Miss Jessie of Indianapolis A profile of Pierpont is shown lower center and at the lower right are Mr and Mrs J G Pierpont parents of the accused killer hiding their faces behind chiefs in an attempt to dodge the cameras RAPID PROGRESS IN OPENING SESSION OF PIERPONT HEARING Woman Attorney Starts Questioning Of Veniremen For Defense Colorful Scene In Court Continued on Pago Nine WEATHER 10 m n a m 7 12 noon H n 1 p m 0 a 34 SM 30 WEYGANDT DECLINES TO UNBENCH EVERETT ON CHARGE OF Judge E E Everett was on the bench morning in co common pleas court as the first degree murder trial of Harry Pierpont opened following an un- successful attempt of defense at- to unbench him as the presiding judge In a three-hour hearing j day night held before Chief j Carl B Weygandt of the Ohio J supreme court Judge Everett was j cleared of bias and in the case Justice Weygandt ruled there was insufficient evidence for the removal of the jurist after he had analyzed testimony of four witnesses including that of Judge Everett and C Long counsel for Pierpont Pierpont accused slayer of Sheriff Jess L Sarber had filed an affidavit of dice charging that Judge Everett had a bias and against the defendant and in favor of Prosecutor Ernest M Botkin and two assistants and the state of Ohio COMMENTS OA EVIDENCE In handing iown his decision at the end of the long session which was held in the same room where the murder opened Justice gandt said it would not be fiable for a chief justice to un- bench a judge when the evidence does not substantially show that he could not serve fairly and im- partially in the case A proceeding such as this tice Weygandt said requires sub- stantial evidence to unbench a judge The evidence does not show Jn any substantial form that this judge has any In this case Justice Weygandt said the question narrowed to a claim of whether Judge Everett has any against Solicitor Long the feeling actually lies Mr Long apparently does feel hostile toward Judge Justice Weygandt said but cver strong the feeling of Long against Judge Everett it cannot be used to unbench the judge The opening of was delayed for about 30 minutes at 7 p m because of the failure of Long to appear William M of Indianapolis who for Pierpont toid the court Long was not present be- cause of the illness of Mrs Long AFFIDAVIT OFFERED Fogarty submitted an affidavit Continued on Page Three THEY WOULD BE WOOD WHITTLERS DENVER March 6 Prisoners at the county jail presented a petition to James today Said tho Whereas we the guests south lower ward believe that our carving ability is equal to that of one John late lamented of Indiana and Whereas the art of carving has been neglected We hereby petition the den of this Institution for knives and wood Mocks so that we may practice the ture of toy pistols The warden wasn't Inter- ested 1 II i in i I n in jui j WALL STREET PLUNGER FILES BANKRUPTCY PLEA NEW YOKK L LIvermore known in Wall Street as the boy has filed a voluntary petition In bankruptcy listing liabilities at and as seta at including Insurance policies at their face value of Schedule filed with the tion yesterday in United States district court revealed a claim of Naida L Krasnova an actress for alleging breach of promise to marry LONG DECLARES HE IS NOT AN ATTORNEY FOR ACCUSED JAIL RAIDER am not In the case This was the statement day forenoon of C W Long city solicitor in reply to a question as to whether he still was a member of the defense counsel for Harry The city council at its meeting Monday evening had adopted resolution calling upon Long to resign as city solicitor because he had engaged In the defense of Pierpont Jn reply to a specific question Long also authorized the furtner statement that he is not an at- torney for Harry Pierpont Tins however seemed to be somewhat at variance with the attitude reflected in the common pleas courtroom where the first session of trial got under way Tuesday The point was brought out that Long had not withdrawn ins appearance as for the gangster and the court that fin city solicitor would continue to be regarded as an at- torney for the defense until his appearance had been withdrawn When the city solicitor was asked whether he regarded it as necessary for him formally lo withdraw in court his appearance as attorney for Pierpont Lons said he did not understand that action was necessary city solicitor invited tion to the fact that he was not in the courtroom tor the first session Continued on Page Seven WOMAN LAWYER HELPS DEFEND ACCUSED KILLER March 6 AP Weather outlook for the beginning at 8 oclock last night Mild temperatures still prevail over the southern part tho try where the sky Is ekar this Tho atmospheric drift ol tho 36 hours will he to i ilr without n In thin vicinity Increasing i hi on PIERPONT TRIAL HOLDS U S INTEREST Penetrating rays of the na crime news spotlight sud denly was turned on Lima Tues day with the opening of the first degree murder trial of Harry Pierpont one of the dan and accused trigger man In tbe slaying of Sheriff L Sarber Thf flump of hootH national guardsmen n tho courthouse vicinity attracted the attention of tho downtown district early They marched to their re posts about the jail and In the courthouse under the pre else direction of Brig Gen old M Push who has repeatedly declared ho is ready for any emergency and intends taking no chance with Pierpont Clark and the placed under his guns soon they brought here from Michigan City prison Gen Bush of course was aided in the sharp vigilance Tues day deputies under Sheriff Don Sarber and police under Chief Ward Taylor The entire guard numbering it Is said more than presented a of the first day of tho trial Another branch of the constituted what has described ac i ot Jail tna are kept The guard iaa been strengthened since escape Saturday of John from the Crown Point Tnd Jail H was second break He was liberated from his local call thn night o laat Oct 12 when Sheriff ruthlessly shot down is taken against the possible on Page Miss Jessie Levy of lis who sat Tuesday forenoon at the defense counsel table of Harry Pierpont on trial for his life is the first woman attorney ever to appear here in a case of tance We are proud of her as one of the Indiana few en declared liam M Bogarty also of apolis who is serving as sel for Pierpont Miss Levy said she would serve the rest of the trial as one of the attorneys for City Solicitor Charles W Long who originally had been announced as a member of the Pierpont staff of counsel was not present in the courtroom In his place was ence C Miller Lima attorney and counsel for Russell Clark Miller told Judge E E Everett that Long was not present because of the serious illness of Mrs Long j Other than to say Long's wife was ill Miller and Fogarty declined to discuss the matter Fogarty was announced recently as attorney for Charles Makeley the third of the men in the co jail and Fogarty declined to trial for his life Miss Levy served as attorney for Kinder Pierpont's heart who was released last week from jail at Indianapolis Mary had been charged with aid ing the delivery of 10 convicts last Sept 26 from Michigan City but was freed the state an- was insufficient dence to her Rapid progress in selection of a jury marked the opening session of the murder trial of Harry Pierpont Tuesday in common pleas court At p m cuting Attorney Ernest M Botkin who is conducting the state's case passed the jury for cause and the defense counsel ed by Miss Jessie Levy immediately started questioning the candidates Passing of the jury by Prosecutor Botkin indicated that the state had found twelve veniremen that were acceptable at least temporarily Three women and nine men were seated in the box when the state passed the jury In the early questioning Miss Levy did not indicate Pierpont's line of defense It has been recorded in court that he will attempt to establish an alibi Prosecutor Botkin in his questioning ol prospective jurors indicated clearly the state's intent to demand the death penalty Veniremen who voiced aversion to the death penalty were promptly challenged for cause and dismissed by the court An interesting angle of the day's ings was that a larger percentage of men than women are opposed to the death penalty Pierpont sat stolidly the day's sion showing little emotion but keenly in- in the proceedings Sitting at his counsel table were his father and mother They likewise watched the proceedings with intense interest Amid a spectacular setting marked by evident hension of officials that an attempt might be made to erate the prisoner the procedure got under way in earnest with the calling of the prospective jurors at a m They had been closeted in common pleas courtroom No 2 during the hearing on the various defense pleadings PIERPONT APPEARS Pierpont was brought into the courtroom at a m by Deputy Sheriff Herbert E Laing The defendant tall and slender and wearing a dark gray double-breasted suit and dark tie was wearing leg chains and The silence that fell over the small crowd of spectators small crowd because of the drastic rulings on was broken when the battery of cameras went into action with Pierpont's appearance Pierpont ducked and raised his cuffed hands to his face Mr and Mrs Pierpont both drew handkerchiefs and raised them in front of their faces The group whose presence to Lima has turned the eyes of the nation momentarily on the local district filed to its seats in front and to the right of Judge Everett At Prosecutor Botkin's table were his two assistants eph H and Benjamin S Matter The defense table was occupied by Attorney Miller of Lima and Attorneys Jessie Levy who Tuesday entered the Pierpont case for the first time and William M Fogarty both of apolis ARMED GUARDS PRESENT Sheriff Don Sarber who had served at the en- trance to the courthouse as spectators were being admitted and Deputy Sheriff Hugh Moorman were the only guards in the courtroom The corridors upper and lower were filled with national guardsmen all carrying rifles or heavy All persons seeking admission to the court room were obliged to show credentials and submit to a thoro search for weapons Tlie setting remained thus until Judge Everett took the bench at a m Almost immediately the defense sel concurred in the insistence that Judge Everett force the state to elect one indictment upon which to try Pierpont The swashbuckling gangster who was brought here recently from Michigan City prison with Russell Clark and i on gage
