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\WEDNESDAY MOS3 AST.xnoaastnd vicinity^ * * AY.at ?:lt;S1STSRDAY,nou r* 0 3M6normal ■•••■» 1.38 s......... 57........ 73Year.—• •lt;• i ■. i • 32 18BALL IN CELL ONMURDER CHARGE:ROND IS REFUSEDELOIUIRYCharter to Con-Militia Sergeant, Who Shot Flee ing Subordinate, Faoes First Degree indictment.JURY, IN EFFECT, DECIDES AUTHORITY WAS EXCEEDEDReturns Count in Half Hour-De-tense May Test Jurisdiction by Habeas Corpus Suit.An.rtULATED, Indictment was returned by the Marlon County Grand Jury yesterday* charging- Sergt. Edwin Ball of the In-dlana National Guard with murder in the first degree. Ball is accused In the indictment of having shot and fatally wounded Walter Dowell, a private in the guard, maliciously and with premeditation. Ball was arrested at Fort Benjamin Harrison and taken to the Marlon County Jail, wjiere he le held without bond. The tragedy occurred Wednesday night, when Dowell attempted to escape after having been caught trying to smuggle whisky through the lines. Dowell’s body was taken to Madison, Ind., yesterday for burial, being escorted by a squad from the guard.KLegaln.' ASK* GOVERNOR'® AID.Ball was arrested by Deputy Sheriff Hindel to whom he was turned over by Lihe authorities at camp. Hindel and Ball,tO BegW Ma^* Gk*eon W. Blain,judge advocate, stopped at the Governor's home on the way to the Jail, as Bail had made a request that he be givetun opportunity to ask the Governor’s assistance. After the conference, the Governor bJid Maj. Blain, according to the deputy sheriff, that he will recommend this morning that Bome bail be flXBd for Bail and that he be released In case he provides It. Ball was taken to hie cell at the jail as soon as he arrived there and asked the sheriff that he be not disturbed by newspaper men.The grand jury report U, in effect, a finding-that ln_lha opinion of the jurorsimittee yes-r Attorney many typers that the through a Inquire into situation, with L. C, Indianapolis tter written se Commls-he Council’^ Ion. Walker an not only the two gas It, but can oks for offi-s’s reticence lnx«fltigatlcrahen It was were to be on had been * of the pro-ttee formu-er nine dff-vork of the these were ® was asked s's right to 3 the ques-FORGERJODI LG ED.chairman of to make the tls time and likewise Is imittee said disclose the he proposed though Mr. ves that the iduct an in-that It has, devoted to mitigations the Council, 9 Council as littee has a Airs of any . contract or city.HI BED.ithe city at-lows;' every city ipervise andofficers or of such city, *ge preferred m, and into Ion, firm or ay be inter-\y have en-ay be about Council Biia.ll 5 all records itigatlon and ance of wit-f books, pa-any meeting Ittee thereof, i Council or nae and at-of Inquiry, it and cause executed tu re aueh city shall refuseSergt. Ball exceeded his authority when he Bhot Dowell. The indictment was returned after a qjilck investigation. As soon as Attorney General Honan had given an opinion that Ball’s guilt was a question for the criminal or civil courts of the state to decide steps fpr a grand jury Investigation were taken. The grand jury began hearing witnesses at 2 o’clock aqd had heard fifteen at 4; 30 o'clock. L*ea*tbwv half an JaM* the indictment was returned.JUROIf^SUDOSNLY ,IUL.For a time it appeared that the investigation might have to be prolonged. Sohiski Butler, a member of the grand jury, became ill on his way to the Court House from hie home in Pike Township and had to obtain medicine during the afternoon.His illness for a time threatened to be eo serious that the investigation would have to be conttnued, but after obtaining some medicine from Coroner Durham he was able to hear the remainder of the testimony. yWhat the grand Jury learned was not disclosed last evening. It la believed, that questions were asked concerning reports that Dowell had 6een given an order by a noncommissioned officer to get the bottle of liquor he was carrying when arrested by Sergt. Ball, and as to what, if any, orders had been issued concerning shooting at fleeing prisoners.Another phase of the case believed to have been before the grand jury was where Sergt, Bali obtained the ammunition for hia'^qyolver. f It has been said that no ball ammunition was to be issued to the militiamen. #Those who heard the evidence yesterday were silent as to wh^t had been learned. It was intimated, however, that others than Ball had ball ammunition and It was learned where it was obtained. The report of the grand jury was received by Judge Collier of Superior Court, Room 2, sitting as special judge of Criminal Court In the absence of Judge Mar-key.He ordered that no bond be accepted for Sergt. Ball.Penman Adn __Beadng-Rc ShadowCQNTRQLLEI“Harry R. ft w’a -Best of ICOLUMN 6.cleJdelingTHREE DEFENSES P088IBLH,Lawyers said last night that there are at least twi ways of defending Ball and possibly three. One is by a habeas corpus suit In the Marion Circuit Court, where the Jurisdiction of the courts over the affair might bo tested. Another is by Interposing the plea that Ball was acting within the scope of his duty as a member of the state guard when he shot Dowell. Some suggest that the queettnn might be raised preliminary to a trial in Criminal Court by a plea in abatement, which would set forth that the Criminal Court had no jurisdiction of tile case.The names of the witnesses heard bythe grand jury were placed on the b^ckof the Indictment. They were William Verson. Newport, Ky.; Thomas R, White* Burlington, lnd , Henry H. Cope, Madison, Ind.; C. E. TevIh, 843 Edison street; Aithur E. Carr, 904 North Delaware street; Horace O. Woodford, Madison,y treasurer** an was Miss lives on East Iged all over er and finally H. N. Spoar. Church, who Immediately uple returned m his motor-trolley car, evening that tly an clope-had not yet id he and his for about two id for several trip to Shel-on two daysInd., George Hill, Bryantburg, Ind.; Walter Burford, Bedford, lnd ; Heze Clark, 21 Vera Flats; Arthur J. Perry, 351 Lesley avende; William Klufger, 348 Ohmer avenue, and Clyde Cox, 16 West Sheldon street.Capt. Arthur J. Perry and Sergt. Heze W, Clark of the National Guard, witnesses of the shooting, testified before Coroner Durham yesterday afternoon. Capt. Perry was with Ball when Dowell escaped, and he Joined in the chase, although he did not fire ball cartridges.BODY REACHES MADISON.Judge John , Court, Harry R, M, L. Jefferson Charles Maguir were a,tnong tho Frain, 51 years Noble street, t dozen checks, yesterday to th Roche and Cron.None of the amount, the la all apparently question by dow others. The stj known apparent an easy life. H of his deals a others he refuseJudge Rochfoi parently favor it no attempt to however, merely reputation of th through. They banks.OTHER NANIt Is said tha Davis, presiden safety* and that didate for judgi been signed to traced to Frain say, were mode by the forgery lt;Frain wrote a been signed by Roller, a saloon and Washlngto other bearing I M. L. Jefferao John M. Jone Washburn, man erif. Judge Ro. to a check for M. Williams. Kahl, a saloon Market streets.A check madi shall and bea cashed by L. A Infcton street gr signature of Me $12 from W. E 1X7 North Illlnc WORKSS. W. Mess loon operated b North Detawar signed J. J. I just across the the check and T. H. Thoraai apparently sign well known In t not known. It M. Williams o supposed to he Rocnford. It ' cashed by N. E Georgia and 111The operation to the election the men whose the pubjlc eyeMilitary Funeral Is Arranged for WalterDowell.MXDISON. Ind , July 2» — Many friendsmet the train today bearing the body ofWalter Dowell, who was shot and fatallywounded by Sergt Edward Bali. The | eye of an expe body was accompanied by the following 1 tne signaturesthat he got th bearing the no detectives ftssei haVB been reac regular Inteivai tures were of Frain was an! which he is a I dirt so readily?htor of M. S. Although she oils, she-gave ihelby County enttf*esoort from Company F in charge of Sergt. JesSB Hail: Corporal CharlesCopeland, Privates Jesse Walker. Edward Beeeht, John Graham, Calvin Brown, Charles Alexander, Claude Shlagleton and Richard Humphiey. The bodylwas taken to the homo of Mrs Dowell's father, Robert Claflln, and this evening many friends gathered to express their sympathy Company F will arrive from Indianapolis at noop tomorrow to participate in the funeral service in the afternoon. The religious service will bo con-those made by Frain is held He© Court todflIn IndlRoof garde Maennerehor,! lasebaU—*iiv(American jducted by Chaplain Whjto, First Rogl-1 Park. 3 p. m ment, Indiana National Guard, Burial Display of si will bo in Springdale Cemetery. | building.
Newspaper Details
Indianapolis Star
Indianapolis, Indiana, US
Wed, Jul 30, 1913
Page 1
Full Page
Clipped by
Jane G.
USA 09 Oct 2022
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