Indiana, R-S, 1838-1996

su 2 eakhat toner.
og - Judith Menadue’s request. to videotape. the».

- scheduled execution :of an Indiana prisoner
this week was, d i d Monday. by a Lake

. Menadue, whe presents another Death
‘Row inmate, wanted .the electrocution ‘ of
_ Gregory Resnover filmed by.a law school li- .
brarian and also witnessed by a biomedical
engineer for use in a’ challenge to the elec- .
tric chair as the state’ s method of execution. .

Since Resnover is scheduled to die in the
electric chair early. ‘Thursday,’ she planned .
~ immediately , to file’ a“petition seeking an’

; emergency order from the Indiana Supreme

Baud &.°

-.Robert M. Squier Jr, a deputy attorney

general, also argued that those who carry%

out ‘the .sentence would be subsequently
“identified in a videotape and hasty arrange-#
‘ments for a camera could jeopardize ‘the:
timely administration of the sentence. ; ‘#4

Menadue’s challenge to the electric chairs
is being done on behalf of Reynaldo Rondon ®
_and five other men who have received death "
- Sentences out of Lake County. 7

She obtained an affidavit from Resnover ; -
_Biving his consent to the filming of his death= 4

Resnover stated, “This includes videotap- x
ing the removal of my body from the electric 3 é
.Chair after the execution ... and videotaping *
- close- -up shots of my body both clothed and .
unclothed at the prison, at the’ mortuary or’
at the. funeral home.” -:-~ .

It.was signed both “Gregory Resnove

nd “Ajamu_ M. Nassor, ” the: name he goe

Resnover, slowsd to invite 10 witnesses al
amed four invitees Saturday: Gov. ‘Evan

: : Bayh, Marion County Prosecutor Jeff Mod-.

you. apply .
‘telephone «
interview: sis =butssh ad, affida Avits

from mediéal experts sa
ie and Tiakes you. fee

: producing.

and : -Bruesom

nit hs Seen the, eX :. ae

: In‘ addition,**Conr e Ww
" prevented him from. i
“be vad not tele at:

sat
everal points" Of 0 Opposil
* the" “unusual 4

sn :
~ preme ‘Court’ epeated 1 conclusion that.
“electrocution: does not involve ® unneces ry":

“and infliction of pat ty

isett, Mayor ‘Stephen Goldsmith and A
‘torney General Pamela Carter. As for the

, other six, he refused-to release their names.’

In her motion, .Menadue requested
Yesnover’s execution, if it goes as scheduled,
e-filmed by Warren Rees, the education

“Services and research librarian at the Valpa- Za cy

aiso University « School of -Law,:. and’
‘biomedical engineer John R. Webster.’ sa

‘Maryland that allowed the videotaping of ex
ecutions for the purpose of legally challeng g
g the use of lethal gas*: =
However, Squier pointed out the California 3
tape was sealed until the courts there’ could 4
‘decide’ on ‘its possible: ‘use and, to this date, =

ts very nature.be | grliesome in
al damage,” and that the’ justic

“it to be a matter of public palicy'to | be settled %

e state Legislature. -


Thursday, December 8, 1994

Showdown: Most
came to protest

@ Continued from A-1

Most of the early arrivals were
people opposed to the death penal-
ty. They carried signs and plac-
ards proclaiming that Resnover's
execution was stale-sanctioned
murder. Many of them referred to
Resnover's Islamic name of Ajamu
Nassor.

Katherine Hatcher was one of
the placard-carriers.

A Chicago-area member of sev-
eral anti-death penalty groups,
she carried a sign that featured a
picture of a noose and the words: .

GIVE ME

YOUR POOR

YOUR RETARDED

YOUR BLACK.

She said politicians and the me-
dia were gutity of a crime in letting
Resnover be put to death. ;

“You all are just as much a part
of this murder as anyone else,”
she told reporters.

A few feet away, Michigan City
Carpenter Tom Kleckner dis-
agreed. He had come out to dem-
onstrate because, he said, “I live
right across the street and I'm for
the death penalty.”

Kleckner said he had no qualms
about Resnover's impending
death.

‘I'd like to see him pay the
consequences, . . . He took a life,
so his life should be taken.”

Moments later, the Resnover
family came out to meet with the
media.

As television and newspaper re-
porters swarmed around the fam-
ily members, Mike Norman — a
Carpenter from Portage — shout-

@datthem z-- 85 2 Se of
4 ~_ A couple of times, men in the
4: . Resnover family shouted at Nor-
*. Man to be quiet. One even made a
move to confront him before an-
other family member stopped him.
" “Did you see?” Norman asked
Kleckner. “I was the one who got
him angry.” iF Sg Phe 8
it __ Norman said he shouted at the
i Resnovers because. “I'm. for the
i death penalty. Fry the son of a

“og “s

bitch.” bat
“Me and you, we're supporting
this guy.” Norman said. “We're
giving him three hot meals'a day.
That just burns me up.” .- ~
Almost as soon as Norman fin-
ished talking, the anti-death pen-
alty groups starteda rally. ...~
- - Speaker after speaker accused
. the state's courts and government
; Officials of being racist and of be-
- Ing brutal. They focused much of
.. their attention.-on ‘Gov.’ Evan
- Bayh, who had refused ‘to block
* Resnover's execution? -:.2" ~~

~~’ “Evan Bayh should resign —

take away clemency.. He doesn't
use {UL He doesn't know what It's

for,” said Virginia Burns of South

Bend. who would be one of. the
_ witnesses at the electrocution:

hope

. Installed to ensure there would be
‘no decrease in power when the
| Switch was thrown. Pattison said.
’ “If the levels of current are not
proper. we won't start the pro-
cess.” she said. - .

Ten minutes after Resnover
was declared dead by an unidenti-
fied physician from the Depart-
ment of Correction, Renover's at-
(oemess ammarctad fram the prison.

Gregory
Resnover
fought
unsuccessfully
to have a cloth
mask removed
from his face
during the
execution.

Burns also tried to persuade the
guards and officers inside the
Zates not to help with Resnover's
execution. ‘

“Not a person who works in
this prison . . . has to participate
in this murder.” said Burns, a
member of the Human Rights Co-
alition.

The atmosphere grew more
tense an hour before Resnover
was scheduled to be killed.

That's when a group of off-duty
Indianapolis Police Department of-
ficers showed up carrying home-
made cardboard signs.

One of them read:

JUSTICE IS

5,000 VOLTS

QUIVERING THROUGH

COP-KILLING FLESH :

Patrolman Edward Brickley Jr.
Carried that sign. He said he and
his fellow officers traveled to
Michigan City “to show our sup-
port for the Ohrberg family.”

Brickley said he understood the
family’s pain.

“I was shot on May 25, 1994. If
1 hadn't been wearing a (bullet-
proof} vest, my family would be
going through what they did,” he
said.

He said Resnover deserved to be
scnpen ngs seni eR EE a ee

“It's not right to kill somebody
— a cop or anyone else. If you kill
somebody, you should have to pay
the consequences.”

If anything. Brickley argued.
those consequences should have
come a lot sooner.

“Fourteen years is too long for
this family to have to anguish.”

Brickley was joined by fellow
patrolmen John Correll and
Chuck Brenner, who got into a
heated argument with death pen-
alty opponents,

As TV camera crews jammed
around them, Correll and Brenner
shouted back and forth with Bill
Pelke of Portage. Pelke, a death
penalty opponent, fs the grandson
of the woman murdered by Paula
Cooper, at one time the youngest

. person on Indiana‘s death row.

Crowds gathered and grew ani-
mated. rane
' The death penalty. opponents
chanted: “Hey, hey, ho, ho. The
death penalty has got to go.”

Supporters of Correll and Bren-
ner shouted: “Zap him! Fry him!”

. Then midnight came and went.
and Resnover was executed.

Pattison made her announce-
ment. Resnover’s attorney, Robert
Hammerle, described the execu-

* tion as “barbaric,” then departed

hurriedly.

“This is not over,” Pelke said to
a few assembled opponents of cap-
ital punishment. “We're gonna
fight this battle until we don't
have to meet Iike this again.” .

As he spoke, cars drove by on
the road outside the prison, their
drivers honking horns tn celebra-
tion.

a! Pe oneOh aocgniny,

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Fami
amily members and supporters of Gregory Resnover embraced and held a prayer vigil last night

ichigan City a few hours before his scheduled execution.

outside the Indiana State Prison in M

12 -6-%% Courier ~ Jour nay

Bayh rules out clemency;
execution is on schedule

~The Indianapolis Bureau

72%

‘ INDIANAPOLIS — Gov. Evan
Bayh denied clemency to Gregory
Resnover yesterday, paving the way

_ for his execution early Thursday.

Asked if there was a chance of.

. stopping the electrocution, one of

- ‘Resnover’s lawyers, Michael Suther-

‘lin, said: “Realistically, I’d say no. I
think it’s gone.”

* _Resnover, 43, was convicted in
- 1981 of murder and conspiracy to
. commit murder for the December
, 1980 death of Indianapolis Detective
| Sgt. Jack Ohrberg. Resnover would
' |’ be the first person in 33 years to be
; + @xecuted against his will in Indiana.
' >. The most significant factors in his

decision, Bayh said, were that Res-

_« Mover was convicted of murdering a
“police officer who was trying_to
serve a warrant on Resnover in con-
nection with the robbery and mur-

camera ee ee

der of Brink’s guard William Sieg
four months earlier.

“Gregory Resnover has been con-
victed of murder not once, but
twice,” Bayh said at a news confer-
ence. And in a written statement, he
said that clemency may be warrant-
ed when a criminal exhibits extraor-
dinary courage or kindness but, “‘on
the contrary, (Resnover) had a
lengthy record: of criminal miscon-
duct before he murdered both Wil-
liam Sieg and Officer Ohrberg, and
he has had numerous infractions
while incarcerated.”

Bayh rejected the contention by
some that Resnover is on death row
because he is black. That claim, he
said, ignores the fact that Attorney
General .Pam Carter, who _ repre-
sents the prosecution in criminal
appeals, and Indiana Clemency
Board Chairman Joseph Smith also
are African Americans.

Burra |
/2.~—€-

q

ASSOCIATED PRESS

vis vi ffm

Z Coucre-
O


Iindiana’s
Death Row
imates

COUNTY WHERE SENTENCED AND
YEAR SENTENCED:

Michael Daniels, Marion County, 1979.

Richard D. Moore, Marion County, 1980.

*Gregory Resnover, Marion County,
1981.

Tommy Smith, Marion County, 1981.

*Thomas Schiro, Vanderburgh County,
1981.

@ Rufus Averhart, Lake County, 1982.

Donald Ray Wallace, Jr., Vanderburgh
County , 1982.

James Lowery, Tippecanoe County,
1983.

Marvin Bieghler, Howard County, 1983.

Gregory VanCleave, Marion County,
1983.

Mark Wisehart, Madison County, 1983.

William Spranger, Noble County, 1983.
H. Fleenor, Jefferson County, 1984.

Frank Davis, LaPorte County, 1984.

James R. Games, Marion County, 1984.

Greagreecq C. Davis, Marion County,
1984.

@ Johnny Townsend, Jr., Lake
County, 1985.

@ Phillip McCollum, Lake County,
1985.

David Leon Woods, DeKalb County,
1985.

@ Renaldo Rondon, Lake County,
1985.

Herbert A. Underwood, Marion County,
1985.

William Minnick, Putnam County, 1985.

Terry Lee Spencer, Allen County, 1985.

INDIANA

@ Alton Coleman, Lake County, 1986.

Gregory Johnson, Madison County,
1986.

Keith B. Canaan, Vanderburgh County,
1986.

Arthur James Baird, Montegomery
County, 1987.

@ Darnell Williams, Lake County,
1987.

@ Gregory Rouster, Lake County,
1987.

Kevin Lee Hough, Allen County, 1987.

Marvin Dale Castor, Hancock County,
1988,

Howard Allen, Marion County, 1988.

@ William Benirschke, Lake County,
1988.

@ Larry Potts, Lake County, 1988.
William Benefiel, Vigo County, 1988.
Kevin Conner, Marion County, 1988.

@ Michael Lee Lockhart, Lake County,
1989.

Joseph L. Trueblood, Tippecanoe
County, 1990.

@ Charles Edward Roche, Lake
County, 1990.

@ Perry Steven Miller, Porter County,
1991.

Gary Burris, Marion County, 1991.

James Patrick Harrison County, Posey,
1991.

Michael Allen Lambert, Delaware
County , 1992.

@ Christopher D. Peterson, Porter
and Lake counties, 1992.

Gerald W. Bivins, Boone County, 1992.
@ Dennis Roark, Lake County, 1992.

@ Edward Williams, Lake County,
1993.

Eric D. Holmes, Marion County, 1993.
Benny L. Saylor, Madison County, 1994.

*Exhausting last appeals; could be executed later
this year.

Source: State public defender’s office

ST -TRiIGGH. Saw.

@veR)

Mf fo 4


CAS SUNDAY
U DECEMBER11,1994

POST-TRIBUNE

che Z Fe sree

“There’s such a mean spirit growing that looks for simplistic solutions.”

Death penalty opponent Lotte Meyerson standing outside the Indiana State Prison before Gregory Resnover was executed Thursday.

77

&.

TINA YEE/Post-Tribune

Officer John Correll from the Indianapolis Police Department satnds in front of Seth Donnelly of Chicago, who is against the death penalty, with a sign
that reads ‘Justice is 5000 volts of quivering thru cop killin flesh.’


~

ar © a ue

Conunued trom Page 1

Wednesday — his last das —*
watts 12 fainily members. includ-

ing hus tather.« beverly. and son,

Gregory barnett. who only Jearned

ee¥eer afo that Resnover was his

tathe

Later. Gregory Barnett joined
avout 20 members of Resnover’s
family and supporters at 4 rally of
5U death penalty opponents out-
side the prison gate.

“because of the state of Ind:-
ana. | don't have a father.” Bar
nett said. “As far as I'm con-
cerned. Evan Bayh can po to hell.~

Family members maintained
Resnover ts innocent but sa‘+ they
would continue the fight alter his
Geath.

Dwight Resnover quoted his
brother as saying: “I'm sorry for
Ue Ohrberg family, but 1 didn't do
11. What about me?”

As the execution hour drew
near, Resnover was led from his

~ celi on Death Row to a holding cell

in another building that houses
the electric chair.

He was ofiered a last meal of
fried chicken, whipped potatoes,
Brussels sprouts. cranberry sauce,
lettuce salad and ice cream with
chilled peaches. Resnover had not
lo.ened the food as of 10:3C p.m.,
@ prison spokesman said.

Unul 10:30 p.m. EST. he visited
with his three atlorneys and spiri-
tual adviser, Wanda Callahan.

Then prison staff prepared him
lor execution, starting with shav-
ing his hair so electrodes could be
attached to the scalp.

Seven witnesses tnvited by Res-
nover were expected at the execu-
uon. but prison officials did not
release their names. Resnover's
attorney Robert W. Hammerle was
lo be one witness.

A diack cloth hood was placed
over the condemnec man’s head
so lic wouldn't see the chair. Res-
nover was then led to the death

. chamber by prison staf. where he

was secured to the chair by five
guards.

The executioner In an adjacent
control room threw a switch send-
ing an electric current of 2.200
volts to the chair for 10 seconds,

followed by 500 volts for 20 sec-

onds. The process can be repeat-
ed. if necessary.

Along with the prisoner's cho-
sen witnesses, those who observe
the execution are two doctors, a
prison chaplain and the prisoner's
spiritual adviser, plus the neces-
sary prison staff.

. Resnover invited the governor
and three other public officials
who handled his case to the exe-
cution, saying that way they
would understand the conse-

‘quences of their actions. The four

Geclined.

Bayh refused Monday to grant
clemency and stop the execution.
On Wednesday, Bayh said he
hadn't changed his mind and
would be waiting for a call from -
the prison about the execution.

“I got up this morning and
thought — well, ] had a thousand
thoughts.” Bavh said. “I don't
know what you do in a situation
like this. I've never dealt with
something like this before.”

14 years of appeals -

Bayh's rejection“ of clemency
came late in Resnover's 14 years
of futile appeais — and after a
month of unsuccessful court peti-
tions and protests.

In his trial and appeals, forensic
evidence was weak.

Prosecutors never claimed he
fired the fatal snot that killed Ohr-
berg. Tommie J. Smith, also now
on Death Row, did that.

But Resnover talked.

He testified at a hearing he fired
shots. He told the same thing to a
reporter for The Indianapolts Star,
although Resnover said he didn't
know it was police officers at the
door. A fellow jail cellmate testi-
fied Resnover told him, too.

Time and time again. while Res-
nover’s attorneys attacked the
confusing and erroneous appeals
records. that’s what was thrown
cack in their faces. They argued
-a vain he made those statements
“take the fall” fur his younger
brother, Earl. who was arrested in
the shooting but rat prosecuted.

eet og PSE. PERRIER OS

oboe

3

FAMILY SUPPORT: Relatives end si
Outside the State Prison. Inside the walls, R

The record wrongly shows that
Resnover's fingerprints were
foussd on a gun and an ammuni-
tion clip. Another mistake showed
bullets linked to the gun he car-
ried.

But in the end. that didn't mat-
ter.

To the amazement of Ham- |

merle. one of Resnover's attor-
neys, it also didn’t matter the two
trial prosecutors. J. Gregory Garri-
son and David E. Cook, said the
execution should be stayed until a
court hears the right set of facts.

To the shock of some public
defenders. who claimed Res-
nover’s trial was a “sham” be-
cause of inept representation, that
issue was discounted. Courts con-
sidered that repeatedly and nuled
otherwise, the attorney general's
office argued.

Not the triggerman

To the ire of Resnover’s sup-
porters and death penalty foes. it
didn’t matter that Resnover
wasn't the triggerman who felled
Ohrberg.

He was there. he resisted, he
shot at police trying to arrest him.
And, as Bayh stressed, he was the
triggerman who killed Brink‘s
guard William Sieg Sr.

Resnover never once recanted
his statements that he fircd the
semiautomatic rifle. Deputy Attor-
ney General Matthew Gutwein
told the Indiana Parole Boarc.

For the past four weeks, a Nur-
ry of court appeals and tactics and
pressure from Resnover's family
and many religious, black and
anti-death penalty groups falled ta
stop the execution.

Racial prejudice was frequently
alleged as playing a major role in
executing Resnover. who ts black.
His attorneys and supporters
couldn't understand why Res-
nover, who didn’t fire the fatal
shot. is dying, while Fred Sandcrs.
« white Indianapolis man, got a
seven-year sentence for killing an
officer.

When he turr-3 down clemen-
ev Monday, Bavi. said the differ-
cuce was Resnover's long criminal
record and the fact police had a
murder warrant to arrest Res-
nove; and they did not when en-
tering Sanders’ house.

This week in court. the clemen-
cy process was chalienged as a
political sham, and the electric
chair was challenged as uncensti-
tutional. Both efforts failed.

Death penalty protesters. ied by
the Indiana Civil Liberties Union
in a court chalienge this week. say
the electric chair ts inhumane. Of
37 state: with the death penalty.

Nira ites

“ot DEEP:

Indiana is among only six that
choose that method.

The ICLU argued fn court that
the chair does not render the con-
demned prisoner unconscious
right away. but he can remain
alert and feel excruciating pain for
up to 20 minutes after the initial
jolts are administered. :

Before a condemned prisoner
dies, the ICLU said. these are
some of the effects: second- and
third-degree burns: violent muscle

a Ga en eee SENET ERE EE HER ERE

tae
TP sate

cap

DEATH: For
his part in the
1980 slaying of
Indianapolis
police
Detective Jack
Onrberg
(above),
Gregory
Resnover was
executed in
the siate’s
electric chair
early today.

File Photos

contractions; body tissues swell
until they nearly burst: the person
vomits, drools and defecates: and
the skin can catch fire.

Amid all the legal challenges,
Resnover was portrayed the past
few wecks so differently by friends
and foes that it sounds like there
are two Gregory Resnovers.

In recommending against clem-
ency. the Parole Board said he ts
“a cancer to other human be-
ings.”

SESE SEP CSTR EARRE TCE SI TS STN SEES A CHD CRS 4:

Associated Press

‘pporters of Gregory Resnover bolstered each other Wednesday night at a prayer vigil
esnover awaited his execution.

-

At the parole hearing. Indian-

apolis Police Sgi. Wayne Voda. a
close friend of the Ohrbergs. called
Resnover a “vicious career crimi-
nal” and a “murderous bastard”
who deserves to die.

The Ohrberg family has just

asked that the execution be car-

ried out, so Jack Ohrbens's death:

wouldn't be in vain. “Piease, just

let the system work once for the
victim and not for the criminal.”

begged Mike Ohrberg. his son.

But Hammerle and Resnover
family members spoke of a differ-
ent person.

Resnover's gone through a reli-
gious conversion and provides
freat comfort to other Death Row
inmates, Hammerle said.

Family members haven't con-
doned Resnover'’s criminal acts.
but they and his attorneys insist
he shouldn't have to die for them.

But to Lt. Mike Bosley. presi-
dent of the Fraternal Order of Fc-
lice Lodge 86. the death penalty
has to be imposed so the public
knows there are consequences for
shooting at police officers.

Peopic need to know they can't
circumvent the system by saying.
“I've changed or | didn’t mean It.”
said Bosley.

Resnover's death, while a great
injustice to him, may not be totally
meaningless. say his attorneys.

“The implications far transcend
what happens to him. Even
though we lost. we finally called
the Parole Board and the governor
to account for the mockery that
has been made of the ciemency
process.” Hammerle said.

As the death penalty debate re-
newed in Indiana, Resnover would
be the 75th prisoner executed by
the state.


esa ver (Tw

The death penalty returns

Gregory Resnover's execution on Thursday
and proponents of capital punishment. But both sides agree there

By Carole Carison and Rick A. Richards
Staff Writers

MICHIGAN CITY - As time ebbed away for
Gregory Resnover just after midnight
Thursday, the conflicting voices outside the
Indiana State Prison here brought the debate
over capital punishment to a crescendo.

At 11 p.m., a group of 40 anti-death penalty
advocates chanted, “Not in our name! Not in
our name!” It was a reference to the state
carrying out the death penalty in the name of
the people of Indiana. Television cameras
turned on their bright lights to catch the
action.

John Correll, an Indianapolis policeman,
couldn’t stay silent any longer. Carrying a
brown cardboard sign that read “Resnover +
chair = justice,” he raised it high and entered
the television limelight shouting: “Fry him!
Fry him!” Another voice erupted behind the
group yelling “Zap him! Zap him!”

Correll pushed closer, entering a spirited
exchange with William Pelke, a Portage
steelworker whose grandmother was brutally
murdered in 1985. Pelke, founder of Murder
Victims Families for Reconciliation, now
travels the country as part of a movement to
abolish the death penalty.

As the two traded words, cameras flashed
and reporters jousted for position to hear the
din. Police stood on the edge of the small
crowd but never separated the factions.

The ugly scene in front of the prison gate
could likely be repeatedly with more frequency
in the next few years.

Hoosiers haven’t had much use for the
electric chair that sits on death row at the
state prison - it’s only been used three times
in 33 years.

The state’s caution in using the electric
chair is because of the lengthy appeals
procedure for death row inmates. Each of the
30 people on death row have nine steps they
can use before the state carries out an
execution order.

And. said Barry Nothstine. a spokesman for

the Indiana State Prison, three of the steps
can be repeated. Nothstine refused to say
which inmate is next up for the electric chair,
but said Tommie Smith, 40, of Indianapolis, a
co-defendant with Resnover, and Thomas N.
Schiro of Evansville, ... -.: «<-
are furthest along in
the nine-step process.
Resnover, 43,
convicted of killing an

These are the nine steps
taken by offenders who are

Arizona, Delaware and Georgia. California,
Louisiana and Washington executed one
prisoner

Given national polls that show 80 percent
of Americans favor capital punishment and
given their recent
aversion to politicians
perceived as soft on
crime, most observers
agree the execution

Indianapolis “yp ° pace in Indiana will
policeman, was the - under the death sentence: probably escalate.

first person to die in it : An unscientific
involuntarily since -. 1.Sentenced at trial court. Post-Tribune call-in
Richard Kiefer in - -2. Direct appeal to the Indiana survey on the death
1961. In 1985, William Supreme Court ame the day before
E. Vandiver died inthe __. 3, passible appeal to the United States cares = gaara rg
electric chair for the show similar results.
stabbing and... Supreme Court Of the 762 calls

dismemberment death

example, executed #/. © Note: Steps 4, 5 and 6 can be repeated.

__ 4, Post Conviction Relief at the trial

logged, 80.7 percent,

said they favored the

-§ his father-in-law in. -- court level. pesetgontnt
ammond. But cies é :

Veamclr wae wa 3° 5. Appeal of post conviction relief Those figures made
right to the appeal ruling to state supreme court. Lotte Meyerson of
-process. In 1981, -6. Appeal to the United States Gary cringe as she
Stephen Judy was ~ Supreme Court. — ase death
executed after waiving - (7, Writ of Habeas Corpus to the United ie th advocates
his appeal rights too. - States District Court. Pre Laciar we

But there’s been a 8.: : t horrifies me,

steady pace of _ 8. Appeal to the 7th Circut Court of she said of public
executions in other Appeals in Chicago. sentiment favoring
states, especially in . 9, Appeal to the United States executions. “There's
the south. Texas, for Supreme Court. such a mean spirit

growing that looks for
simplistic solutions.

man Monday. ,
Turchaeven death- - ‘: oh eal We know it’s not a
row inmates were entence is carried ou — .
ide om a

executed in 10 states .
last year, the largest number since states were
allowed to resume using capital punishment
in 1976. Spero oe
The previous record was the 31 prisoners
put to death in 1992. Thus far this year, 30
people have been executed. .
Sixteen of last year’s executions were in
Texas. There were five in Virginia, four in
Missouri, three in Florida and two each in

contingent of about 16 Resnover family

members and about 65‘capital punishment.

opponents, no large protest movements
materialized on either side of the issue. Some
death penalty foes, slated to appear at a
planned press conference, never showed up.
The only pro capital punishment contingent
was about two dozen Indianapolis police
officers. They were there for their colleague.

divided sympathy along the usual lines between opponents
will be more use of the electric chair.

Detective Sgt. Jack Ohrberg, who was shot to
death while trying to arrest Resnover for the
killing of a Brink’s: guard at an eastside
Indianapolis Kmart in 1980.

One of the men, Patrolman Edward
Brickley, 25, said he was shot twice last May
during a routine stop. :

“I got shot once in the arm and once in the
chest. If I didn’t have my vest on, we'd be here
in 14 years for (another) execution. There's no
sense in it,” Brickley said.

Although he was not at the vigil in front of
the prison Wednesday night, State Rep. .
Vernon G. Smith, D-Gary, i a statement _
at 5 p.m. denouncing the death penalty.

Smith called for a halt to Resnover’s
execution, saying it was a “clear issue of
unequal justice.” :

“This is not justice,” read Smith’s statement. ©
“This is cruel and unusual punishment that
flies in the face of the facts. I am as disturbed
as anyone else that a police officer was killed
in the line of duty, but we're not talking about
legal theories here: We're talking about a
human life.”

Smith said Resnover’s execution was a
political decision by state officials: a sentiment
echoed by protesters outside the prison.

Eric McCauley of South Bend, a member of
the Humans Rights Coalition of Indiana.
described himself as a friend of Resnover.

“For a while, I’had an inkling that Gov.
Bayh might stand up and be a man and do the
right thing. He didn’t. It was a political
decision,” said McCauley.

Virginia Burns of South Bend, the director
of the Human Rights Coalition, witneseed the
execution. She said it was difficult to put into -
words. Beas :

“The smell was terrible,” she said. “It was so
bizarre. It was animalistic to sit and watch a
man get jolted.” . ”

John Correll, the policeman, was less
sympathetic.

“He won't kill again.” he said after the
execution. :

ep AN

== SIE K YOUKNAL- ie "1 ie

conspiring to kill him, rather than

S€rve a warrant, on the day of Ohr-

berg’s death. They also shouted

Gregory heatedly art reporters who, Cousin

Resnover Kevin Resnover Said, “are just as

Was executeg Much a Part of this murder as any-

iN slaying one else.”

of detective Dwight Resnover’s eyes glistened

in the television camera lights as he

described his last moments with his

Orother. “He looked Sort of calm

three anti-death-penaity Organiza- and worried. I would be worTied,
tions chanted ditties. “Hey, hey: ho, 00,” he said.

ho; the death penaity’s got to go" Did Gregory express remorse?

“No. We didn’t st on that subject.

_,head and Resnover, finally shedding
his resistance, was led the 25 steps
“fovthe chair, which is Made of wood

: Over became the 75th man to and “two, four, six, eight: no more é
be & ed by the state since 1897, killing by the state.” -.+ He's told me numerous times
ee : NES SOrry this ever happened to
~ ” the: 62nd to be electrocuted. Resnover’s family, their distress Ohrberg ... but he said, ‘What

"* Qutside the prison, members of turned to anger, accused police of about me?’ *
0."

Ee

1wust UWlie COlielay v\ Yrmrmaw grees


(

~

&

f

TN laa aa? Naguner abilidiosonnchamsiotanet a

“y
ce seergen ray yeh Pine ite ae

camemnemnuens aral-cneemeeeeee

a ed

Pry

molten od ate -

”
PREETI We cee -~

a ene = a

ce ars

carerid-o—F fot prtvmts ives Cin
ny other County ta the State obtain- an
qual length of. Railroads upon such-easy.
srmst No, not one. We confidently
ope the people of Macon-will review this]
ubject candidly and deliberately, and act

Moon gio n-Mersenger.
~~This-is-tre tite of avery’ neat and}
sprightly paper, published at-Hloomington, | -
Macon,County, taking the place of the thee
Pet Pe ies Paaetn Pome ie . nolled (execution Kice;-Driskilt
Central Register,” which was compelle anid Stocking.» ‘The Courier-(Inds)nava:

Barecution of the Lafayette
Murderers,

din“the Lafayette “Courier of
Friday evgning; a brief mention of the

a

“ith an entightenedtiberality equal to the
rst demands of the occasion...
Nortn Missourt- RR. Company, |

_ JaANvARY 19rn, 1856,

‘o the Honorable the County Court of. Wf
County, in the State of Missouri: —
Gextieuex: The undersigned begs

cave respectfully to represent to you the

aid Company is-endenvoring” to build =a

Aailroad from the city of St. Louis to the

oundary lineof this State*on the north,

ind which road will pass through the coun-

-y of Macon. All the Counties along the

ine of said road through which it) passes,

rave granted the said company liberal nid,
ind zome.of them that have already ex-
tended iT assistance, have given aseurances.

that they will further. nid sad Company, y-ENR Loe sng pun:
tar Robi” dairies dhoepinatiad ballmigbatre Abdan which the interests of
"

ing Macon uy bas as. yet done noth-

J) ing, the company entertain no doubt but

that it will act with as much liberality as
~ the other counties in behalf of an enter.

prise from which allmdet derive inealcu-
~ lable advantages.

“\. IT would further Tepresent to your honor-

x

“from the counties through which 3t passes
S
pa
~
»
2
SS
» ™

ed
~

able body that the Company cannot build
the road without large additional aid, both

and the State. Ithas now subscribed to
its Capital Stock, say $2,000,000. © This
will give the Company $2,000,000 of State
credit, making $1,000,000.
passed at the last session of the Legislature, |
the State granted to this company §1,-;
000,000, of additional State aid, to pur.’
chase iron and rolling stock for the road,
vetween St. Charlesand the Hannibal and |,
S'. Joseph rajlroad, ‘This $1,000,000 was |
given unconditionally. Tt requires no pri- |
vate subscription to obtain it ;
act the Legislature gave $1,000,000 addi- |
sonal to be expended North of the Han- |

nibal and St. Joseph road, upon condition!
‘hat the compapy should raise $1 for every |

32-10 llamada itil bet

seen the company has, on certain condi-
tions, $6,000,00. - The road it is estima-
ted will cost something over: $4,000,000.
The company believe thatthe State will
not hesitate to give 1'$!,000,000 more on
the principle of $2 of State aid for’ $1 of
private means tv be expended North of the

Hannibal, and St. - Joseph rox, This,

would give the company &7,000,C20. But
how-is the Company To obtain the $1 ,000,-
000 to enable it to avail itself of the &2,-

000,000 granted to be expended North of @5—always in advance.
the Hanaital and St. Joseph “road ?— |
Where wust the company look for these]
subscriptions ? Certainly from the counties |

through which the rond passes; and from
none_do I think the-company-“ought to look

with more confidence than -froit Macon?
If the €1,000,000 can be rais- |

County. (
ed to obtain. the State nid of $2,000,000 it
will be seen that the company still lack

over $1,000,000 to~complete the road to|

to the’ Town State line. - Novy IL think
if the counties raise
to obtain the. State aid, that then the
State will) give the company $1,000,-
000 more unconditionally, to.complere the
road, and purchase iron and rolling stock

for the road-North of the Hannibal and St.4

Joseph road, and then the company rhay
ve able tu build the road. From this sute-
ment you must see that your aid is essen-
tially vic ed
ofthe road, You are wealthy and ableto
vid in its consttuction, and I feel very cer-
ain that the people of the county you have
he honor to preside over, will be unwil-

By on acts

Inthe saqe!;

to suspend, temporarily, forwat” of pat: |" Alten srinutes pats Simalecey ees Ps?
ronage. -The. Messenger embarks upon sel | Rice, -and_ Driskill were dul
the ‘sea of newspaperdém undermore_au-lexecuted by the. Cacilaol_ike Sharif
Fpici circunstances,—and—we—hope— it }Thos. Jefferson Chissom, the first’ named
may Meow that liberal support frou for the murder of Jolin Rose, and the two
‘lie le of M Lith ihe sertt latter for the murder of Cephas Fahren-
frood people of Maroon, which the worth baugh. ‘
of the shot, and the Jabor and talentex-| ° We have only time this evening to state
pended upon the enterprive, so richly mers |that we witireesed thelr execution, whieh
it. The Messenger vow compares very | WAS Jone in due forin -and | wore:
favorably with its aurrounding contempo- Neither of the miserable culprits ha
, d te’@haeeWhe'waid of Mr, (88Y coufersion to make, Caton. the cour.
yaries, an 8 under 6 gic ance <e . trary, each protested hia, ipnocence
Rurvs C. Wire Editor aud proprietor. °
Ty will stuar -alyof from’ politics, ‘which

last even v the scalfold: >

Such stoicisin—such utter indifference
Will give iC gTeater influence na an advo-
ente of home interests, and of those other

to the fate that awaited them, was perhaps
| great measures of public nod private utili-

never witnessed before. Each washed)
ty, at present so. deeply engrotsing pub: |

: . . ‘ '
himself, combed his hair, and dressed him: }
self with as much composure as though |

\ i “a } U ’ . . \
‘the people of Macon county, both present te news items of the New York Hvening |
| | Post, after his arias ond lo,s were pin-

[nnd prospective, are so intimately and |ioned for the scatlold, aw though he were |
'thoroughly interwoven. Weare pleased

waiting the arrival of an omnibus to convey |
jto observe the Editor, in his Introductory jhim to some pleasure party, After the,
ldeclare his intention to “advocate a judi. |drop of the fatal scaffold, scarce a Muscle |
cious system of Internal Iinprovements, jof esther of the victuns moved, to indicate |

: iMthe dying struggle,
and otherwise advocats a policy caleula- | ying 6S

Rae ere |
Pade } Stocking, Rice and Driskill are dead; jus. |
ted to advance the best interest of Macon

to labor shoulder to shoulder with. the |rupt its progress,

“Messenger” in pushing forward those town, but only atout forty witnessed the

ee ae t [horrible tragedy, As soon asthe execu:
great works of internal amprovement at ‘tion was over the crowd dispersed,

presen @nder way in pur State, and ie Thus ended the first’ execution ever

larly the North Missouri Raijroad, and mu- fwitnessed in Lafayette, God grant thar it

tually to use our best efforts to secure its jay be the last. of

W! . .,,) The Journal gives the following account
mt say you, neigh’ |

early completion.
bor?

-Terms of thu. Messenger, -One dollar
invariably in advance, .

om Ss ®
jof the hurrible indifference and levity of

'se men. One of them, it will be Tee
metnbered, when sentence was passed on
. him made the imost awfully profans re-

Ti: Hour Jounyan ron 1856 —The /mark that ever escaped the lips wf hyman
first number of a new and brilliant series depravity. Ife said “he wanted to be

Sey Beet ieia Home.Journal. in jury carly, so as lo be imhell in tine for

“of

*

The unfortunate eriminals still inanifest
a reckless spirit of bravado, and to use
their own language, are determined to
the face of God ond

‘Anew and beautiful typogrophical drese, |

‘has justissued from the press. This, is!
‘one of the standard Jiterary papers of the | i It
tday, and numbers among its Editors and |'“die game in

of the ablest writers of | 72 ;
: : ; We stow! in the guard room yesterday
Those who wish to begin at

niet . which by a grated door commands a view
the begining can do so_by sending their {of the hall of the jail, and listened to their
names to the Editors, New-York. The

‘terms’ are—for one copy, €2; for three
‘copies, $5—or one copy for three years,

,contributors some

;our country.
|

cells to undergo the operation of shaving.

approaching execution in’ a manner too
sickening fg recital, onl indulged io
the inost horrid profanity.

Stocking, strange cs ‘it may seem, al-
though quite as-jovial, wae. lens profane
au Rive-or Driekiil, ;

Tre Rattroan Law—An Acarrn
Casr.—A dispatch from Jefferson City,
of yesterday's date says:

“Agréed case has Leen made and signed
bythe Governor,” Which. fairly presents
the question. . Application wtll be made

Living ‘in Washington.

before tie Votiee Court, where their cased.

To the

|her sons knew no isu but patriotism.”

they.were prepering-ty attembanmecfestire +4 ode -conenlerest -one-of the richest-cothees {7
occasions Stocking even composedly :@ d jHons of books and manuscripts in all Eusd to form ae

Ac, ke, at
them to you

jticeuaa Leend@§ndicated, and the world goes! 7 “ pa ste no are to
and surrounding country.” Ye hope long !on as though noumng-Lad occurred to inter: Le fl, on the first Monday in’ February.

A large crowd was in;

the first table at dinner.” {

conversation as they were taken from their |

They joked with the barber upon their |

+s

EURNVITURE -S TORE

this “81,000,000

to. secure the completion +

{to the Supreme Court in the morning, to
; seta day Tor the hearing. of the.case—
| perlinpa Satdrday.” +

So far, this is very well,

The Gover-

senuog to the eettlement—os—this case by

in Me Siate.—-Republican, 19th.

| Tue Rartnoan Law.—A dispatch from

, Jefferson ee Vises us that the argu-
tailtaad Law case will be

ning. We suppose

perhaps - others,

jinent of the
commenced this hi
ithat Mr. Gardenhire,
will appear in support ofathe un

tionality of the law. Mr, Gantt an
MePherson have charge of the case.
the railroads, und Judge HI. R. Gamble

will also Le present to sustain the Jaw,—
i Denntiean 1h aa

nor bas manifested alproper -spirit- in cone’

a decision of the highest judicial tribunak

There isa rush for winter's residence |
itr Washington, ahd the consequence fs an |
increase in the tariff for living. The ew |
House of Representatives is composed!
mostly of new men, and these new men
hdve get ambitious wives and pretty daugh-
:terr, which they inust needs show al the
Nation's Capital.-* AN very natural and
all very well, provided each member takes
‘with him the wherewith to pay for it, for
his eight dollars a day won't begin to do

. ss - ,

it, : .
AM. Coup otlier day,"m looking tor,
uarters, stepped into Willard'’s anu accos-

tad the landlord: thus: apie
“Sir, TF want board and lodgings for my-

Nelf, wife, child and sereant. My pay,

‘pes Four negroes, on Chrismas” morn-
ing, Went Into a coftve tiousa” on “Syracuse
atreel, sh the post-office, and: called
for sonrething to drink, They~ were told
that they ‘they didn't. sell_liquor.to..dar-
kies,” Whereupon they attacked the pro-
priector and beat him until they left’ him
for-dend,

a

Ratlr
~ A callof
lional stock
made and 7
All perapns
sourt Rails
forward an

ae | ee

They were subsequently arres-
ted, suul-jruerdey mortitty Ware braigil| Ky Fay

was continued fora further hearing®and} HAPI
they were -held to bail for their appt race 1 wets
in he sutn of three hundced-dollars:—Cin- Ot oe I
cinn_Conynercial, 27h, trospective
te ee te Se anes re away, from
Bia The New England Society. of un ori

Charleston, S. C., celebrated the landing
of the Pilgrims by a dinner the other day,
At Isast one good tonst was given, names

“Massachusetts as she was in 76, when

unpaid that

ow, frien

Hfe “in-

and can me!
do your dat
indebtednes.
lroubled wa

etiam) Se poth smd

Raw The Bodleian Library for Oxford}
Unirersty contains near 400,000 volumes,

rope— whole shelves londed with wisdom
to clothe aud feed the toner man.

Ed -

SatcorSwamr Lanos—The Swamp
Land of Linn county 1a to be sold,. on the
Sth of February next, ‘The Swamp Land
of Chariton county, is estimated at 30,000
acres, ‘The mininum price je fixed at $1
25 per acre.

\V I otter to the Westerm Tra lea very large
ant welleassorted stock of goods in our

line, COUP TEST me

Drugs, Chemicats, Paints,
I Varnishes, . '
(FILS & DYE-STUFFS ;
to McKEE'S SUPERIOR
‘WINDOW GLA3S AND GLASSWARE.
; Our terms are CASH, or short time ne-

y Twenty-five per cent. than those of
Any heuge giving long credst,—Bast—er
| West. Qn ull goods ‘sold Ly the” original
‘package, we-charge only a commission or
;coat and transpogation. Orders solicited
and perfect satisfaction. in every respect
guaranteed, Catalogues forwarded by
maR when requested, ‘
BACON, HYDE & CO,

“73 Maw Street, Sr. Louis, Mo.

January 24, 1856 3 tps ,

'JNO. MAKER,
| as

ROUT. THOANAURGH,

ge I URNITURE-
‘ THE UNDERSIGNED

have opened a new

IN TITE TEN BUILDINGS,
No. 99, Fourth Street, two doors ‘abore
- ~ Locust, east side,

Sta! calling the attention.of the citizens of St.
A. Louis, and the public, to our establishment,
to induce your patronage, we jomise you

THREE THINGS,

Which we will endeavor, at all times, faithfully

owe us, any

paying «

accor ingly.

nd Done

; fen, 10...’

this edverti

TNEKO, BAR

BARTE

(Succe
Forwca

a

Minimum pri 1625, om.unt. of land |
15,000 acres. runswicker, /PRODU

oo < t EES Ned ONE reretytanrertloon ne WAT!
| TO DRUG DEALERS. f gobi

Nanson &
our faciliti
increased,
allention t
patronage,
every ilesc
house bein
with anex
and fer aa
celled by a

We are:
every dere

igotiable paper, and our prices are lower} *¢cennt-of

of sales.
Glasgow

OE en

ALU

rg +
‘fA ab
~ Ce

travellers,
shall recet

Pw wolicited

Huntsyi

th es

RP. MAN

|__ aa,
WHO
COMM

Mii

XO. 93
Car Ps

Tobacco,
Dee, 4,

ATATE

lo performs—

~

aor o- sne ws

“rst, 2
We will use our best endeavors to keep co
stantly on hand, a good ‘assortinent, one that
shall not be excelled by any Furniture House

.

in the Weet. wating “Aa
Re st Vecond, i. *
Our wark shall be made of the DEST MATE:
RIAL. THIS WE WARKAN Tyee

ee

Third,. 3

We will sell at PRICES AS LOW, if not
LESS, than any similar: eSlablishment in St.

TOUNTY 0

In the C

Thomas
Plaintitfe,
Bartlett 1,
MHS ¢

ney,
taving bes
{he 3 ruth:
owned p
two notes
ant, one fc

you know, is about 8240 a month,

_[Lonis.  Allof whieh we agree to perform at:'.

navable to


ci tha aniiaas

1464

instruction could have been understood by
the jury as creating a presumption that
Resnover should receive the same punish-
ment as Tommie Smith.

[20] We disagree. Resnover received
the individualized consideration at the pen-

. alty phase of the trial to which he was

entitled. The facts of this case demon-
strate that the trial court properly instruct-
ed the jury on accessory liability and the
death penalty. The cases upon which Res-
nover relies for support are inapposite. In
Enmund v. Florida, 458 U.S. 782, 102
S.Ct. 3368, 73 L.Ed.2d 1140 (1982), for in-
stance, the Supreme Court considered
whether death is a valid penalty under the
Eighth and Fourteenth Amendments for
“one who neither took life, attempted to
take life, nor intended to take life.” Jd. at

787, 102 S.Ct. at 8871. The Court conclud-.

ed that the driver of the getaway car could
not be given the death penalty because
none of these individual factors was proven
in the record.

In Tison v. Arizona, 481 U.S. 187, 107
S.Ct. 1676, 95 L.Ed.2d 127 (1987), however,
the Supreme Court reconsidered the appro-
priate penalty for the non-triggerman. The
Court held that “major participation in the
felony committed, combined with reckless
indifference to human life, is sufficient to
satisfy the Enmund culpability require-
ment.” Jd. at 158, 107 S.Ct. at 1688. The
rule of Tison essentially captures the facts
of the instant case. As we have discussed,
the facts demonstrate Resnover’s full par-
ticipation in Sergeant Ohrberg’s murder.
Though we may not know for sure which
defendant, Resnover or Smith, fired the
fatal shot that killed Ohrberg, we are sure
that Resnover shot at Ohrberg as he en-
tered the house and fired at other police
officers, several of whom were in uniform,
as they moved away from the house for
cover.

Resnover was not a minor participant,
nor was he under the substantial domina-
tion of another. Indiana Code 35-50-2-9,
which sets forth the death penalty and
those to whom it may apply, makes allow-
ance for these situations. In Instruction
Number 25, the trial court informed the

965 FEDERAL REPORTER, 2d SERIES

jury of this possible interpretation of
events, which, by their verdict, they reject-
ed. Moreover, when passing sentence on
Resnover, the trial court specifically con-
sidered Resnover’s participation in the
crimes and the possibility of domination by
Smith. See Trial Trans. at 2563-64. Like
the jury, the court rejected those possibili-
ties. Jd. Thus, we have no doubt that
Resnover was afforded individualized con-
sideration during both the guilt/innocence
and the penalty phases of the trial.

Finally, we find no constitutional error in
the state’s closing argument to the jury.
Resnover claims that several of the prose-
cutor’s comments unfairly called attention
to a personal friendship between the prose-
cutor and Sergeant Ohrberg. Other re-
marks, Resnover contends, further violated
constitutional guarantees by commenting
on his refusal to testify. Resnover chal-
lenges the following comments of the pros-
ecutor:

It’s been a long time since these guys

killed my detective.

This gun, in his hands took my detec-

tive’s life.

There’s another rule that says we [law-

yers] can’t testify, we can’t give facts.

Well, I was Jack Ohrberg’s associate in

law enforcement for a long time. And as

he was Homicide Supervisor and, I was
his lawyer, the same as I’m Bob Hoke’s
lawyer, and Lt. Strode’s lawyer, and

Frank Wilson’s and Louis Christs’s (sic).

_So that would be easy to do so, but I’m
not gonna do it....

Now I don’t want these guys convicted

of anything because my friend died. I

want them convicted because they did it.

This is a very serious part of this trial,

regardless of whether the defendants

chose to be here or not.

We have before you today figuratively if
not actually two defendants who are

guilty of murder and conspiracy to com-

mit murder.

Let’s set the stage just a little bit.

Here’s the death penalty. It’s these

right here. I won’t put out all one hun-

dred bullets. We’ll take the bullet-proof
vest, and put in back here. This is Jack

Ohrberg, and that i
Now we've got the st:
we’re missing one thir
Let’s put the defend
courtroom, don’t puni:
actions, but don’t rews
ing their backs on just
tize them.

Let’s put Greg Resn
Smith back in the cour
don’t forget who the,

Trial Trans. at 2248, 225:
2442, 2480-81, 2484.

[21] The comments a
between Ohrberg and +
not deprive Resnover of
we might agree that th
the district court rema
been better left unsaid, \ |
no constitutional error. —
F.Supp. at 1889 (citing
Dominguez, 835 F.2d
The prosecutor convey:
personal information. to
these comments. Inde
prosecutor’s presentatic
clear that the prosecutor
attention on the admitte
-was no reversible error

[22] Similarly,’ the —
ments regarding Resno
present in the courtroor
ty phase of the trial
error. Indeed, the exc
ments on Resnover’s re?
stead, they refer to the
and Smith boycotted tl
the trial. There was n:
ation. The prosecutor’
ly pointed out that th
‘absent from the courtr
comment on either’ defi
his, privilege . against
See Cunningham v. f
(6th Cir.1981) (holding
Statements which refer
meanor at the cou:
amount to a comment
defendant to testify), ce
924, 102 S.Ct. 1286, 71
us, while the Indian:
‘hard blows” at Resno


on of
reject-
‘nee on
y con-
nthe
tion by
Like
ossibili-
ot that
ed con-
ocence
l.
error in
ie jury.
2 prose-
ttention
-e prose-
ther re-

convicted
d died. I
hey did it.

this trial,
\efendants

ratively if
who are
cy to com-

little. bit.
It’ ese
ll « un-
ullet-proof
his is Jack

U.S. v. CHRISMON 1465

Cite as 965 F.2d 1465 (7th Cir. 1992)

Ohrberg, and that is Jack Ohrberg.
Now we've got the stage, right? Wait,
we're missing one thing. De-sanitize it.
Let’s put the defendants back in the
courtroom, don’t punish them for their
actions, but don’t reward them for turn-
ing their backs on justice. Let’s de-sani-
tize them.

Let’s put Greg Resnover and Tommie
Smith back in the courtroom. Just so we
don’t forget who they are.

Trial Trans. at 2248, 2254, 2259, 2265, 2441,
9442, 2480-81, 2484.

[21] The comments about a relationship
between Ohrberg and the prosecutor did
not deprive Resnover of any right. While
we might agree that these statements, as
the district court remarked, would have
been better left unsaid, we nonetheless find
no constitutional error. See Resnover, 754
F Supp. at 1889 (citing United States v.
Dominguez, 835 F.2d 694 (7th Cir.1987)).
The prosecutor conveyed no substantive,
personal information to the jury through
these comments. Indeed, looking at the
prosecutor’s presentation as whole, it is
clear that the prosecutor focused the jury’s
attention on the admitted evidence. There
was no reversible error.

[22] Similarly, the prosecutor's com-
ments regarding Resnover’s refusal to be
present in the courtroom during the penal-
ty phase of the trial do not amount to
error. Indeed, the excerpts are not com-
ments on Resnover’s refusal to testify. In-
stead, they refer to the fact that Resnover
and Smith boycotted the penalty phase of
the trial. There was no constitutional vio-
lation. The prosecutor's statements mere-
ly pointed out that the defendants were
absent from the courtroom, they did not
comment on either defendant’s exercise of
his privilege against self-incrimination.
See Cunningham v. Perini, 655 F.2d 98
(6th Cir.1981) (holding that prosecutor's
statements which referred to defendant’s
demeanor at the counsel table did not
amount to a comment on failure of the
defendant to testify), cert. denied, 455 U.S.
924, 102 S.Ct. 1286, 71 L.Ed.2d 467 (1982).
Thus, while the Indiana prosecutor struck
“hard blows” at Resnover, we do not find

that he struck “foul blows.” See Berger v.
United States, 295 U.S. 78, 88, 55 S.Ct.
629, 633, 79 L.Ed. 1314 (1935). The prose-
cutor’s comments do not amount to reversi-
ble error. Resnover’s remaining argu-
ments are without merit.

III.

For the foregoing reasons, we AFFIRM
the district court’s denial of Gregory Res-
nover’s petition for habeas corpus.

W
° E Key NUMBER SYSTEM
T

UNITED STATES of America,
Plaintiff-Appellee,

v

Eric CHRISMON, Andrew Poe, and
Baron Jackson, Defendants—-
Appellants.

Nos. 90-1824, 90-1863 and 90-1915.

United States Court of Appeals,
Seventh Circuit.

' Argued Jan. 8, 1992.
Decided June 29, 1992.

Defendants were convicted in the Unit-
ed States District Court for the Southern
District of Mlinois, William D. Stiehl, J., of
possession with intent to distribute mari-
juana, and they appealed.» The Court of
Appeals, Ripple, Cireuit Judge, held that:
(1) defendant’s in-custody statement was
voluntary; (2) admission of codefendant’s
inculpatory statement did not violate defen-
dant’s confrontation rights; and (8) defen-
dants were not entitled to instruction on

lesser included offense.

Affirmed.

1. Criminal Law 662.9
Evidence that codefendant had: incul-
pated drug defendant did not violate drug


URGENT ACTION APPEAL

e Urgent Action Program Office e P.O.Box 1270 Nederland CO 80466-1270 e ph. 303 440 0913 e fax: 303 258 7881 © e-mail: Sharnso@igc.apc.org *

9 December 1994
Further information on EXTRA 68/94 (23 November 1994) - Death Penalty
USA: (Indiana) Gregory RESNOVER

Amnesty International has learned with deep regret that Gregory Resnover was executed in Indiana as scheduled on 8
December 1994.

Gregory Resnover's execution was the first to take place in Indiana since 1985,

Letters expressing regret at his execution may be sent to the authorities indicated in the original EXTRA.


RAC oak ee
Pepe vaiphitonann! au fF
Pd

are strangers, they probably will stay
close to the railroad, watching for a
freight,”

! went to my office to call Chief Wesley
Kibby and members of the day force.

As I telephoned, 1 thought 6f the little.
things Glafeke did that made the other
officers admire him, how carefully he
searched his prisoners, for example, to
climinate any possible danger to squad
men bringing them in. | remembered his
great, booming laugh and his rare good
nature. Now he lay dying on a hospital

OO)

To cover his trail, the

iller dipped from rail-
road to creek and back
as shown by dotted
course above, Police.
‘man Bob Newman,
left, participated in the
nocturnal chase for
the desperate gunman,

cot. Somewhere a black
shadow was flitting
through the night with
blood on his ha nds,
Glafeke’s blood,

Then Steve phoned in, saying: “Those
tracks led to Slim Varnum’s house. The
place is all lit up and we could see Slim
walking nervously back and forth inside,
His brother, Vic, is with him.”

After instructing the officers to await
my arrival, T picked up a Thompson sub-
machine gun and ran to a squad car with
Rosco Stephenson, one of the day
officers,

Near the Varnum house Konieczny
stepped out of the shadows and flagged
ls,

“Slim must have something on his
mind,” he said. “Fe keeps walking and

ee emer TT eer rren

wringing his hands, He and Vie have
been arguing, too,”

“You and Barney watch the back
door,” T said. “We're going in.”

Gripping the machine gun T walked to
the door. Both the Varnum boys > had
petty police records. | wondered if
Glafeke had surprised the two in one of
the grocery stores near box 13,

The door was unlocked, so I pushed in,
leveling the gun,

“Up with your hands.
snapped,

Vic froze where he sat, but Slim, stand-
ing near a day hed, dove for it and his
hand sneaked under the blanket.

I swung the gun around fast, finger
tightening on the trigger. I didn’t want
to kill Slim, but if his hand came out with
agun Twas ready. | knew | could puta
dozen slugs in “him before he could
straighten and fire.

It was a tense second, Slim's hand
came out, clutching a half-filled bottle of

whisky. Quickly he smashed it on the
floor.

Quick!" J

For a moment. | stood transfixed, the
machine gun drooping in my hands. His
wild dive for the bottle while facing: a
machine gun didn't make sense. 1 was
puzzled, Apparently he believed Wwe were
raiding for liquor and he wanted to de-
stroy the evidence. Or was he bluffing
and attempting to evade suspicion about
the shooting ?

STARTLING

Stephenson pt
and shot out a st

“Why did you

“What!” Slim
killed ?”

“What were \
and Harrison a \
demanded. "Yo
only a few feet tf

Slim looked at

“T told you th

“What do you

There was a
voice as he spok

“Vie and T we
tonight and we
o'clock we start

Harrison, Whe
saw Glafcke cor
had someone wt!
want him to se
the call box, cro
short cut throu

We were alin

I heard a shot.
said I was hear
about it. We g
something else
broke in [figs
smashed the ho

I studied S
story straightto
was telling the

“Glafcke’s p
“what did he |

“T only got

by

f

Sree |

SRG As


ic have
back

Iked to
vs had
red af

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shed in,

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nger

t want
it with

| puta
could

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ttle of
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1 was
e were
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uffing
about

LING

Stephenson grabbed him by the arm
and shot out a sudden question.

“Why did you kill Glafcke ?”
“What!” Slim shouted. “Has he been
killed ?”

“What were you doing near Franklin
and Harrison a while ago?” Stephenson
demanded. “Your tracks were found
only a few feet from Glafcke’s body.”
Slim looked at his brother Vic.

“1 told you that was a shot,” he said.
“What do you mean >” T asked.

There was a strange tone in Slim’s
voice as he spoke.

“Vie and | were at a South Side place
tonight and we got drunk, About 3
o'clock we started home, coming down
Harrison. When we got to Franklin I
saw Glafcke coming from the depot. He
had someone with him. Vic and I didn’t
want him to see us, so We hurried past
the call box, crossed the street and took a
short cut through the vacant lot there.
We were alinost home when I thought
1 heard a shot. T asked Vic about it. He
said I was hearing things so I forgot all
about it. We got into an argument about
something else then so when you guys
broke in I figgered it was a raid and
smashed the bottle.”

I studied Slim carefully. Was his
story straightforward and sincere? Tf he
was telling the truth, we had a witness.
“Glafcke’s prisoner,” I demanded,
‘what did he look like ?”
“toonty gota flash of lin,” Varna

answered. “He was about a head shorter
than Glafcke, T think, and wore a jacket
but no hat. | remember his bushy hair.
We were quite a ways off and | couldn't
see his face.”

1 turned to the brother.

“Did you see him?”

“Yes, but I can't tell you any more
than Slim did.”

If the information was true it was
valuable. Since Glafcke was bringing a
man from the depot, it was reasonable to
assume he was 4 tramp. That meant
Glafcke’s assailant would probably stay
close to the railroad.

Still, as we Saw it, a common trian
did not quite fit the picture. hy, for
instance, would a tramp be carrying a
gun? And even if he did have a weapon.
why would he suddenly open fire on a
policeman ?

“Take the Varnum boys to the station,”
I told Stephenson, “and check their story
at the South Side place. I’m going back
to the box with Steve and Barney. There
should be another set of footprints neat:
by if the Varnums are telling the truth.”

There were more footprints.

Steve found the tracks a score of feet
north of the grocery on the west side of
Franklin, opposite the box. They were
wide-spaced and headed toward the rail-
road.

Using my flashlight, I found a print
clearer and sharper than the others.
studied it carefully. Easily readable in

the heel mark were the words: “U. S.
Spring Step.” 4

“This looks like the right one,” | said
to Steve and Barney.

“Tt better be,” Steve said gloomily. He
looked at the cloudy sky. “If it starts to
snow again we're sunk. Besides, he’s 45
minutes ahead of us now.’

A car was stopping at box 13. Chief
Kibby jumped out and hurried toward
us. (Quickly 1 reported what we had
found. The chief said:

“We've got to get more men placed
along the railroad. Steve and Barney
and | will follow the trail. George, you
return to headquarters and pet the men
placed.”

| nodded and ran to the chief’s car as
the trio started west along the railroad
tracking the gunman.

It was a few minutes before 4 o'clock,
less than an hour since Glafcke’s call,
when | returned to. the station. Allen
was still on the telephone.

“Warrick, Newman and Wilson are
still on their beats,” he told me.
couldn't find them and they aren’t due to
call in until 4.”

The switchboard buzzed. It was James
Warrick. Quickly IT explained what had
happened. He said he could get a friend
to take him ina car.

“Co to the Hitchcock street Pere Mar-

[Continued on page 77 |

‘ ° Te ecuneinnen

The killer used this uprooted
tree trunk as 4 barricade when
three men, under direction of
Chief Wesley Kibby, closed in,


South Side,
there imme-
hem Ben had
s before for
! as former
she gave them
tance in Co-

Ohio office of
larch 11 they
ey found him
iend, The tall
illis,

shook their
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‘ket he found

me Louise in

said grimly,
ou’re going
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rt,” ‘
in New York
e. At the re-
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kerton office
oms, Neither
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Willis first.
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had been in
ag. For some
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p pect,

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e know
tell you

wt anything

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astonished -
t room, The
ire at cach

. The unex-
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tout of him,
- story, how
v for weeks
ed the re-
chloroforna,’
ny, Tlawley

confirmed
said, except
ctual shoot-

ite in May,
Thayer and
r court in
itors in the
use. After-
see her son

id. “He will
‘en is found
elf to cheat

lat once to
was barred
ie trial, She

as insanity,
his confes-
secret, was
1. Ile was
irst degree,
short time

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man's rope

nal careers,

apie

Ne ate

Murder at the Call Box

[Continued from page 61]

quette crossing,” I told him and I de-
scribed the footprints, the sharp mark-
ings of the heel. “If you find the trail
follow it. If not wait there. Keep out 0
sight and grab anyone who comes along.
Pick up Newman at box 7 on the way.”

Officer Wilson arrived at the station a
few minutes later and I explained what
had happened. He interrupted.

“You know Ed Brophy, don’t you?
About three-thirty he rushed into a filling
station on Chicago street. He was hatless,
coatless and out of breath. His shoes
were wet and his pants covered with
snow. He borrowed a phone and called a
taxi. The attendant saw him leave in the
cab, heading west on highway 12. Ina
few minutes the taxi returned. Brophy
was still in it, The attendant was puzzled
and told me about it when I stopped there
fifteen minutes ago.” .

Brophy’s wet shoes, snow-covered
pants, breathless excitement, his known
addiction to drugs all pointed to one thing.
Hopped up, he might do anything. To
say the least, he was a much more logical
suspect than the common tramp we had
preneny visualized.

“And Slim Varnum had said Glafcke’s
prisoner wore no hat. Brophy had been
hatless. - :

I located the taxi driver by telephone.
He said Brophy had ordered him to drive
to Gary, 25 cade west of Michigan City.
A mile outside town he changed his mind
and decided to go east.

“I dropped him at the bus station,” the
cabby said.

Wilson and I hurried there. A lunch-
room waitress told us what happened.

Out of breath, Brophy had rushed up
to a bus driver.

“You going east?” he asked. The
driver shook his head and Brophy dashed
to another. His bus, too, was going west,
the driver explained.

“Well,” Brophy then said. “I guess

I'll have to go west. I’ve got to get out .

of town.”

GG WAS now 4:10 in the morning. The
bus Brophy took was due in Gary at
4:30. Back at headquarters. I called the
Gary police department and gave them
the fugitive’s description, and explained
the case.

Gary officers were waiting for Brophy
when the bus stopped.

“Well,” he muttered resignedly, “I
didn’t expect to get away with it.”

They hustled him to headquarters for
questioning. Two detectives took him
into an office.

“Why did you kill that Michigan City
officer?” they asked.

Brophy looked from one to another in
amazement. He shouted:

“Wait a minute. You got me all wrong.
I didn’t killa cop. I...”

“You what? ‘Back at the bus station
you said you didn’t think you could get
away with it. What did you mean?”

“T didn’t kill a cop,” Brophy repeated.
“You're all wrong.”

A crafty gleam came into Brophy’s
eyes. His excitement faded and he be-
came suddenly silent. He refused to talk
further.

At 4:45 a Gary detective called me and
told about Brophy.

I was puzzled. “Look at his shoes,”
IT said, “What markings are on his heels?”

‘

There was a pause. Then the officer
told me Brophy’s shoes had leather heels.

In his desperate flight, Brophy hardly
had time to change footwear. Was it a
false lead? I told them to hold him, But
it began to look as if our tramp theory
had been the right angle.

_We had one more chance, a chance that
hinged utterly on the tracking ability of
three officers who were at the scene of
the shooting.

Three blocks from box 13 on the rail-
road right-of-way, flashlights cast a faint,
flickering light on the snow as Kibby,
Barney and Konieczny walked slowly
along, eyes constantly searching the
ground ahead. They dared not hurry lest
they obliterate the slim trail.

At times it was lost on ground swept
clean of snow. Then they deployed care-
fully, rediscovered the prints and pushed
on. So far the trail had not been too
dificult. The fugitive had closely fol-
lowed the railroad. Tramps always do—
They’d be lost without the high iron.

A mile west the Pere Marquette and
Monon railroads cross. A dozen yards
east of the intersection the footprints
crossed a ditch and headed south across
a field.

Pausing to rest their aching eyes and
muscles, the officers straightened up and
looked about. They were in the lonely
southwestern outskirts of Michigan City.
Beyond the track intersection to the south
loomed the dark outlines of the gloomy
Monon roundhouse, surrounded by a
sprawling marsh that extended across the
Pere Marquette to the north. In the dis-
tance, lights of Indiana’s state prison
glowed against the ominous sky.

The trio scrambled down the railroad
bank, across a ditch and into the adjacent
field. The footprints angled southwest
to the small creek skirting the Monon and
disappeared into the water.

“He must know he’s being trailed,”
Konieczny muttered. He flashed his light
on the opposite bank. It was barren, the
snow unbroken by footprints. “He’s
waded the stream to throw us off,”
Konieczny continued. “He'd be careful
to come out where we wouldn’t notice it.”

The others nodded. For a full minute
they stood in silence.

“T’ve a hunch,” Kibby said, “the man
we're following is a stranger. Glafcke
found him at the depot and he has been
following the railroad since. He may try
to throw off any pursuit by wading the
creek, but it’s my guess he'll go back to
the railroad. He'll follow it until he finds
an unlocked box car to crawl into.”

“Which railroad?” Konieczny asked.

“That’s what we don’t know. You go
back and follow the Marquette. If you
pick up the trail, whistle. Barney and
I will take the Monon.” They separated.

Fifteen minutes later Konieczny dis-
covered footprints 200 yards west of the
railroad intersection. He whistled sharply
and waited, Kibby and Barney joined him.

“Look,” Steve pointed. The trail
emerged from among the cat-tails on the
south, crossed the railroad and disap-
peared into the marsh on the north.

“This isn’t much help,” Chief Kibby
muttered. “If we have to follow through
that marsh we'll lose valuable time. He
may get too far ahead of us. Besides,

the weather is against us. It’s going to-

snow. Fifteen minutes of that and the
trail will completely disappear.”

“Steve,” the chief. continued, “you
follow the railroad. I’m sure he'll come
back to it again. Barney and I will chase
the footprints.”

Even short cutting along the railroad
was slow work. Konieczny dared not
miss the trail.

Kibby and Barney twisted snail-like
through the marsh, praying as their feet
sank into the mud and slime that
Konieczny would soon regain the killer’s
trail. They had gone a hundred yards
into the cat-tails when Steve’s whistle
reached their ears. Hurriedly they
splashed to his side.

This time the footprints held close to
the railroad for some distance. The
officers jogged along until Kibby waved
them to a sudden stop.

A EGASHLIGHT was flickering over
the tracks ahead, beyond the Hitch-
cock street crossing. They watched si-
lently. Then Kibby said: “That’s one of
our men.”

Quickly they joined Officer Bob
Newman.

“Warrick picked me up,” Newman ex-
plained. “Captain Stark described the
tracks to him and when we found the trail
Warrick told me to follow it while he
drove ahead to the county line road. He’s
waiting there.”

“I'd better call and get more men out
there,” the chief said. “You boys follow
the trail. I’ll join you as soon as I can
telephone headquarters.”

Konieczny, Newman and Barney con-
tinued their stalking. It was weary,
nerve-wracking work. Their flashlights
penetrated only a few feet into the dark-
ness, There were dozens of places the
killer could hide and ambush all three,
Carefully they plodded on.

Officer Warrick had alighted at the
county line crossing. ,

“Better return to town and get more
men,” he told his volunteer chauffeur.
“Tf that tramp leaves the railroad we ma
have to shake down a lot of countryside.”

The friend drove off and Warrick
searched carefully for signs of the telltale
footprints. There were none. He slipped
into a sheltering clump of trees to wait.

As the minutes crawled by, Warrick
was increasingly aware of the black
night’s soft sounds, the sporadic whisper-
ing moan of the wind, the far-off whistle
of a train, a distant dog’s barking. His
ears were acutely attuned to pick up the
faintest unusual sound as his eyes pierced
the darkness.

A faint, scratchy squeak was heard. He

held his breath and bent forward, as if.

to help his straining ear drums.

The sound came again. Warrick rec-
ognized it as the protesting shriek of a
fence wire drawn taut under clambering
legs. He tried to locate the sound, placed
it finally a hundred yards away along the
railroad.

With flashlight in his left hand, his gun
ready in his right, he went cautiously for-
ward.

Not daring to use a light, he had to
bend until his face almost touched’ the
fresh snow as he hunted the footprints.
A hundred yards from the crossing he
found them. Risking a quick flash of
light he looked at the heel print.

“uy, S. Spring Step.” The words leaped
out at him.

77


Automobile lights bounced over the
county line road toward the crossing as
Warrick paused, deliberating whether to
plunge recklessly after the killer alone or
wait for help. Another fence squeak
drifted back out of the darkness. ‘The
killer was still moving.

The car stopped at the crossing and
Warrick heard voices. Snapping on his
flashlight he waved it slowly back and
forth. Officer Karl Nichols and Charles
Thomason, a former policeman, hurried
to his side.

“He's up ahead a hundre ards or
so,” Warrick said. “He was*moving a
minute ago but if he sees our lights he
may lay for us. I’ll stay on the trail. You
fellows keep at least 10 feet on either side
of me. He can’t get all of us then.”

They scrambled over the first fence,
then the second. Warrick had to use his
light constantly to follow the tracks.

They crossed another field, stopping
occasionally to listen. Not a sound broke
the deadly stillness. Every step was an
effort.

Death lay silent and unseen in the
blackness. Even now the killer might be
crouched under a bush or hiding behind
a tree waiting until the range became
small enough and sure enough to kill a
pursuer.

Guns poised in tight, clammy fingers
the three ghostly figures moved through
the night, expecting at any moment the
flash and roar of an ambush,

Presently they reached the gaunt road-
bed of a. new super-highway engineers
were carving across the country. Ahead,
a blacker shadow in the darkness,
sprawled Tuthill’s woods. The trail led
to its edge. ;

The new road drove partly through the
woods. Huge trees had been jerked
down with tractors and they lay with
earth-clogged roots high in the air, form-

ing countless natural fortresses behind

which a gunman could hide.

“This is bad,” Warrick said as the three
stopped for a moment. Then he stiffened
and held up his hand. Ahead in the woods
a twig cracked, then another. Deadly
silence followed.

_. “He’s there,” Nichols muttered huskily
through. dry lips. “We’re getting closer.”
_ “Let’s go,” Warrick said quietly. “But
be careful. Shoot quick and often if things
start popping. We can’t take chances with
a man like this. He’s dangerous and he
must be caught. Keep your eyes open—
and.watch for tricks!”

Woe kept the light several feet
ahead as they moved into the woods.
After a hundred feet he flopped suddenly
to the ground, snapped off the light.

Nichols and Thomason crouched tense
and alert. The trail ahead slipped abruptly
back of an uprooted tree. Carefully War-
rick inched forward. Gun ready he jumped
up and flashed the light behind the tree.
The trail led out the other side.

But the killer had stopped there. Foot-
prints showed he had crouched, waiting,
before going on. Warrick shivered and
cursed the black sky. Would the dawn
never come! The luminous dial of his
wrist watch pointed to 5:30.

They stalked a second tree-fort, and a
third. Warrick stopped and wiped his
sweaty, gun hand on his trousers. He
heard a.sound then, barely a score of

', © yards ahead in the woods. It was a rustle,

like a man would make crawling on his
~ belly. over snow and leaves. It sounded
more anjmal than human,

Warrick drew Nichols and Thomason
to his side and whispered:

“We'd be safer to rush him. Surprise

78

and the glare of the lights will be in our
favor, What do you say Pf" :

‘The others agreed to rush when War-
rick gave the signal. They did not know
exactly Where this savage killer was
crouching, Jévery shadow, each bit_ of
shrubbery could be his hiding place. His
murderous gun might speak the next
split-second. It looked like a, case of he-
who-shoots-first—!

Swiftly but silently they parted,
Thomason to the right, Nichols to the
left. Warrick waited until he heard them
stop, then snapped: “Now!”

‘Trotting erratically they bounded into
the woods. All three had flashlights going
now. Then Warrick’s light picked out
two gleaming, animal-like eyes close to
the ground.

“Here!” he shouted, ducking back of
a tree and keeping the light full in the
fugitive’s eyes. A ragged mop of bushy
hair topped the cornered man’s terror-
marked face. Three trigger-fingers were
ready to send lead—and the fugitive knew

“No shoot! No shoot!” he screamed,
thrusting his hands high above his head
and breaking into a torrent of foreign
words.

“Pull him out of his hole,’ Warrick
ordered. “I'll keep him covered.” Nichols
and Thomason jerked a cowering man
from a rabbit burrow partly dug out. by
dogs.

“Look at his heels,” Warrick said.

“He's the one,” Nichols said, dropping
the killer’s foot after seeing the telltale
rubber heel.

They searched the prisoner carefully
and, surprisingly, found no gun.

Called out by Kibby, I met the four as
they straggled out of the woods,

“Why did you kill the officer?” I asked,
throwing a Heht on the prisoner’s face.
His eyes gleamed and he shrugged.

“No speak English,” he said.

I saw it was useless to question him
there so we hurried to headquarters and
called in the other officers. I was almost
certain the man had done the killing. We
still had one:other suspect in Brophy,
whose actions had been so suspicious.

Dawn was just breaking as we waited
for an interpreter. I decided to talk to
Brophy who had been brought from Gary
by two of the day men.

“Brophy,” I told him, trying a shot in
the dark, “we’ve got proof now that you
killed Glafcke. Why don’t you come clean

_and-tell us why?” I was lying purposely,

but I was certain he had been up to some-
thing I might scare out of him. It worked.
Terror crept into his eyes and he licked
his lips nervously as he pleaded:

“Honest, I didn’t kill Glafcke. I guess
I’d better tell you. Tonight I tapped the
till at the joint for $100. I thought I could
get out of town and away. When the Gary
boys picked me up, I figured you'd found
out about it. When I saw they thought I
had killed a cop I shut up. I didn’t think
you could pin Glafcke’s murder on me
because I didn’t do it, so naturally I didn’t
say anything about the other job, thinking
I might still get away with it.”

I believed he told the truth. When
Gary officers frisked him they found $103
in bills and some change. That was $103
more than Brophy usually carried. I sent
him back -to -his cell. A further check
showed his story was true,

The interpreter arrived at 6:30 and we
began to question the prisoner. His name,
he said, was Ignacio Saragoza, but he
told us little else. »

_At 6:45 the telephone rang. I answered
it and lreard a hospital nun’s soft voice:

“Mr. Glafcke expired at 6:40.”

I went back to the suspect. After 12

Pr tieo. X

hours of stubborn, sullen silence he con-
fessed and said he had also killed another
man,

The night before, in Indiana Harbor,
he related, he had killed Manuel Sisneros,
in an argument over a debt Saragoza
owed, —

Then he fled, hopping a Pere Marquette
freight in Gary. ;

Glafcke had found Saragoza in the
shadow of the depot. He had left the
freight a few minutes before. Suspicious,
the officer decided to take him in to head-
quarters,

He searched Saragoza. For some reason
we'll never know, he overlooked a gun

_ the crafty fugitive had hidden in his right

sleeve. ris .
Saragoza, believing he was being ar-
rested for murder, waited until the patrol-
man called for the wagon. Then he let the
gun slide down his sleeve and into his
hand. “
. As Glafcke turned ‘from the call box,
Saragoza fired point blank. The bullet
entered the officer’s head, above the left
eye, emerging near the right ear.

"TICE during his flight, Saragoza
said, he had waited to kill the men
tracking him. Both times, realizing he
was outnumbered, he stumbled on.

“What did you do with. the gun?” I
asked when he finished, H

He shook his head and again refused
to talk. $

The gun was an important piece of
evidence. We begged, pleaded, threatened
and cajoled uselessly.

Next day in checking with Indiana
Harbor officials we learned that the man
shot there had not been, killed as our
prisoner thought. He would live.

We began a search for the gun. We

went over the entire, seyen-mile trail,
dragging ditches and creeks and covering
Tuthill’s woods with a fine tooth comb.
Kibby offered a $50 reward for the lethal
weapon.
_ Finally, after four days of searching
and questioning, Saragoza suddenly
agreed to take us to. the weapon, He saw
here a chance to shoot his way to free-
dom!

Detective Walter Will and an inter-
preter took the prisoner to Tuthill’s
woods, The murderer had an amazing
sense of direction. Only once, in the dead
of night, had he been over the ground,
but he entered the woods, paused but
briefly and walked toward a forked tree.
Bending over quickly he began to brush
away twigs and leaves.

Will leaped forward and shoved him
roughly aside, Hidden beneath the leaves
was a .45-caliber automatic, loaded and
ready to fire. There were seven slugs in
the clip.

Saragoza had hoped to grab the auto-
matic, kill the two men and flee, His last
chance had gone when the alert officer
knocked him away.

With a complete confession and the
murder weapon, we had an airtight case.
Saragoza was indicted by the grand jury.
His trial began in LaPorte circuit court
eb. 9, 1931. It ended next day when a
jury found him guilty of first degree
murder.

As the clock ticked past midnight into
the beginning of June 25, 1931, 27-year-
old, black-eyed,. bushy-haired Ignacio
Saragoza stumbled from the Indiana state
prison death cell to the electric chair,

At 12:03:a. m, he was dead,

. (The names Slim Varnum, Vic Varnum and Ed-
Brophy as used in'this story-are. fictitious to protect
the identities of those innocently involved.—Ed.)

.

——

“We are in the
the store W
- get away ¢
up, though __
“After lookin:
cafe—where did
“T took a wal
her mothers p!
would be home
returned and M:
worried, too. 1
house on Otlite
myself that Kat
movie. A_ little
knocked at my
nearby beeer ps
happened andh
no reason why
“What's the
yours?” Strade
“Zaengle, sit
“Working in
“No, he is a
place only a bh
sure Kati was:
knew her. thre
good idea wha
Dr. Stradell
was the last t
mur?” he wou
“On Monda
promptly, “at |
brought some
“And befor:
would call for
night around
“Ves, sir, tl
Later that «
casts of footy
scene, Comm
observed on:
covered close
“A small, s
heeled shoe,”
heel obvious
frequency an:
in my opinio:
Commissar
could. be the
shoe.

.
—_—-


Child Killer Executed In Neb.
AP 17-Jul-1996 19:06 EDT REF5765
Copyright 1996. The Associated Press. All Rights Reserved.

The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.

By The Associated Press

A former Boy Scout leader who murdered two boys in 1983 was executed
in Nebraska’s electric chair early Wednesday, while killers in two
other states were to die by injection Wednesday night.

In Virginia, Joseph John Savino III was scheduled to die for
bludgeoning his male lover to death and in Indiana, Tommie Smith was
scheduled to die for killing a police officer. .

Savino, 37, initially pleaded guilty to killing Thos McWaters at
their Bedford County home. Later, he argued that police had badgered
him into confessing even though he repeatedly asked for a lawyer, and
that he was high on cocaine at the time of the murder.

Savino moved in with McWaters in 1988 when he was paroled to
Virginia after serving six years in a New York prison for robbery.
Savino had known McWaters, 64, for seven years and worked for his
construction firm. . |

Savino said in an interview this week that McWaters supported him
and gave him money but also hounded him for sex.

In Indiana, Smith claimed he only fired in self-defense at
Indianapolis police Sgt. Jack Ohrberg, who had come to his house in
1980 to serve an arrest warrant for another man. That man, Gregory
Resnover, was executed in 1994 for his role in Ohrberg’s killing.

Smith, who had burglary and robbery convictions in the 1970s,
admitted firing a shot at the officer, but said he mistakenly believed
Ohrberg was an intruder and denied police accounts that he shot the
wounded officer as he lay on the porch.

In Nebraska, former airman John Joubert apologized for his crimes
just before he was executed in the electric chair early Wednesday.

"I do not know if my death will change anything or if it will bring
anyone any peace,“ said Joubert, 33. He mouthed "I love you" and made a
gentle kissing gesture toward his girlfriend after being strapped in
the chair. |

Joubert repeatedly stabbed and slashed Danny Jo Eberle, 13, and
Christopher Walden, 12, near Offut Air Force Base, where he was
stationed. He also was convicted of stabbing and strangling a boy in
Maine.

The killings 13 years ago kept the Omaha area in fear for three
months. Joubert was caught after he tried unsuccessfully to abduct a
preschool teacher, who then noted the license plate number of Joubert’s
car. Joubert confessed later that day.

In explaining the murders, he told the Omaha World-Herald last
month: “It was the power and the domination and seeing the fear. That
was more exciting than actually causing the harm."

ere

‘Condemned inmate ‘not afraid’

smith relies on religious beliefs to cope with impending execution

MICHIGAN CITY (AP) — Tommie Smith
has no fear in his voice when he talks about
dying. . : se
“How could you possibly fear death if you

ruly believe you are going to meet the

creator of the universe?” he told the Chroni-
cle-Tribune of Marion, Ind.; in-a recent in-
terview. “I am not afraid to meet my father.
of am not afraid.”
Smith, condemned to die for the 1980.
/ murder of an Indianapolis police officer, is
' scheduled to be executed June 14. Barring
» any last-minute stays from the court or Gov.

_ Evan Bayh, he will be the first person in Indi- _

, ana executed by lethal injection.

His co-defendant, Gregory Resnover, was
the last person to be executed in the electric
chair in December 1994.

Being part of a grim milestone holds no

_ meaning for Smith.

“Tt doesn’t matter,” he said. “I’m just dead.
I’m just dead to me. If they came to me and
said you could die by electric chair, lethal in-
jection, gas chamber, I wouldn’t choose. They
would have to choose. I wouldn’t participate.”

Smith, 42, has spent the last 15 years of his
life on death row, or “X” Row as it is called
by prison officials. He lives in an approxi-
mately 10-by-12-foot cell in the building that
houses the rest of the death row offenders.

There is no particular routine to life, he
said. From 8 to 11 a.m. and noon to 3 p.m., in-
mates are allowed out of their cells for recrea-
tion. They can shower, use the telephone, talk

Fi they came to me and said
you could die by electric chair,
lethal injection, gas chamber, |
wouldn't choose. They would
have to choose. | wouldn’t
participate. J
Tommie Smith
Death row inmate

with other inmates. Meals are served and
eaten in the individual, locked cells. |

His nights are mostly spent doing legal
work or reading books on history, religion, law
and philosophy. He keeps track of current
events, even though they hold little meaning
for him.

“Tt still affects my friends and family,” said
Smith, whose children are 24, 25 and 26.
“World events and national events I watch be-
cause they are all prophecy markers,
milestones.”

Religion has become important, and it is his
belief in an alternate existence as real as this
one that helps Smith cope with his future. He
studies and practices Orthodox Masonic
Judaism, and has changed his name to Ziyon
Ishva Yisrayah.

Smith also refuses to believe he has any re-
sponsibility for Ohrberg’s death.

“I’m not guilty of this,” he said. “I am here
because of racism and politics, not because of
anything I did.”

Ohrberg and other police officers went to
Smith’s house in December 1980 to serve an
arrest warrant on Smith and Resnover. Smith
and his attorneys have argued he fired the
first shot at Ohrberg in self-defense because

he thought it was an intruder — not police —

trying to break into the house.

He denies he went onto his porch and fired
more shots at the wounded officer, and his at-
torneys have said the bullet’s angle proves it
was impossible for Smith to have stood at his
doorway and fired at Ohrberg.

“There is no hate in my heart, then or now,
at any time in my life,” Smith said. “I despise
what has happened, but hate I’m not familiar
with.”

Smith is allowed to have 10 people witness
his execution, but his family won’t be among
them, he said. No family member should have
t~ witness that, he said.

While Smith said his family is unhappy
about the execution and will grieve him when
he is gone, he does not talk about his own
feelings. The thought of his execution is some-
thing he has dealt with for the last 15 years.
he said.

“Pve always known it was a situation where
you hope for the best and expect the worst,”
he said. “From my perspective, I have no fear
of death.”

“ld


C2 ©Friday, June 7, 1996 © South Bend Tribune © H

ata
GW

By NANCY ARMOUR
Associated Press. Writer:

SOUTH BEND — A new law designed:

to limit the number of appeals by death-
row prisoners could give condemned in-

a temporary reprieve.
Smith is scheduled to die June 14 for

shooting an Indiana

death in 1980. He

‘dormal appeals, and Goy

spected to deny clemenc

mendation from the In ard
198 ency
Jap :

most state prisoners to only one appeal in.

‘federal court, and Smith already has used
: eys appealed today to
Appeals in Chica-

. go, arguing the new law is unconstitu-

tional.
“(The new law says) ‘Don’t come to us
with facts or compelling legal arguments,

we've heard enough: Go away,’” Thomas _

mate Tommie Smith a chance for at least. Schornhorst, one of Smith’s altorneys, said

Thursday.

“If the: appeal is denied, as expected,
Schornhorst will go to the Supreme Court.

The nation’s highest court has expressed
concern that Congress is trying to limit its
_ authority. The new law requires approval
_ from a three-judge appellate panel: before
_ an inmate could file a second appeal in fed- ,
érabcourtins s skis aonir: BR
Such appellate panel decisions, likely to
_ be rejections unless extraordinary new evi-

dence were presented, would be final. That
would remove the Supreme Court’s tradi-
tional role. . # eas

The Supreme Court heard arguments
Monday in a similar challenge from Geor-
gia inmate Ellis Wayne Felker. Smith’s at-

£ eee ee
Were next in line

throughout the country for
execution. If Smith is executed,
he will be the first prisoner
executed as a consequence of
the new habeas corpus.

Thomas Schornhorst
An attorney for Tommie Smith

‘torneys are hoping the Supreme Court will

‘at least grant a stay until it issues a de-
cision in the Felker case, expected by the
end of the month.

Since the Supreme Court agreed to hear
Felker’s case, only a South Carolina in-
mate has been executed. But Robert South
did not challenge his execution, so the new
law did not apply.

“We're next in line throughout the coun-
try for execution,” Schornhorst said. “If
Smith is executed, he will be the first pris-
oner executed as a consequence of the
new habeas corpus.”

The state never considered delaying
Smith’s execution in light of the Felker
case, said Rich Schneider, spokesman for
Indiana Attorney General Pam Carter.

“We did not consider a delay, and we will
fight any efforts to delay this. execution,”
he said. 3 :

_Smith’s attorneys said their latest ap-
peal is not a frivolous attempt to delay ex-
ecution, which Congress hoped to curtail
with the new law. Rather, the latest appeal
will argue that the trial court did not have
the necessary elements to sentence Smith
to death, they. said.

There must be an aggravating factor to
warrant the death penalty, and in Smith’s
case, it was that Sgt. Jack Ohrberg was
killed in the line of duty while trying to

N = ia ore may benefit condemned inmate

Serve an arrest warrant. But Smith and his
attorneys claim Ohrberg never announced
why he was at the house where he was at-
tempting to serve the warrant.

Under Indiana law, police officers must
identify themselves and announce their in-
tentions before entering a dwelling, said
Mark Earnest, another of Smith’s at-
torneys. That meant Ohrberg was illegally
entering Smith’s house, Earnest said.

Smith has maintained he thought
Ohrberg was an intruder.

“Without that, it would have been an un-
lawful act by this police officer (to enter
the home),” Earnest said. “Therefore, that
should vacate any finding in the penalty
phase.”

While Smith’s attorneys are not overly
optimistic, Earnest said they believe the
Supreme Court is their best chance to save
Smith from execution.

“Right now the clock is ticking and, at
this point, there’s nothing to stop it.”

More drv«


Subject: IN dp updates
Indiana:

DEATH ROW INMATE SEEKS CLEMENCY
Tommie J. Smith says he shot police detective in self-defense

By Larry McIntyre
The Indianapolis Star/News

INDIANAPOLIS (May 14, 1996) -- Condemned murderer and Death Row
inmate Tommie J. Smith asked the Indiana Parole Board on Monday to
consider giving him clemency, but he made it clear he expects no
compassion. Unlike two other recent clemency hearings for Death
Row inmates, Smith's petition does not ask the five-member panel
to consider his background and upbringing as reasons to set aside
his June 14 execution.

The clemency petition, filed an hour before the deadline,
instead argues that there is a purely legal reason that Smith, 42,
should not be executed -- he was acting in self-defense when he
fired a rifle at Indianapolis Police Detective Jack Ohrberg in
1980. Ohrberg and other police officers had come to Smith's
apartment at 5:30 a.m. to arrest him and two other men suspected
of robbing two banks and slaying Brink's armored car driver William
E. Sieg Sr.

Smith's attorney, Andrew Maternowski of Indianapolis, says he
can prove to the Parole Board that it would have been
physically impossible for Smith to have fired the two other shots
that struck Ohrberg as he was attempting to kick in the door.
Maternowski believes the other shots likely were fired by police
officers when a gunfight erupted. In the clemency petition, Smith
insists he did not know Ohrberg was a police officer.

"In defense of my life from what I thought was an intruder, I
grabbed a nearby rifle and fired one shot," Smith said. He claims
he could not have fired another shot because Ohrberg fired at him,
disabling his AR-15 assault rifle and wounding him in the leg.
Smith concedes that if he had walked out on his porch and fired two
more shots at Ohrberg -- as the prosecution claims -- he would
deserve the death penalty.

Maternowski said Smith has never been allowed to raise that issue
in his many appeals since his original conviction. The clemency
hearing is Smith's last hope to avoid becoming the first Hoosier
executed by lethal injection. Maternowski said that after Smith
Saw what happened to Gary Burris in his clemency hearing last
November, he decided not to bother with making his upbringing an
issue.

Much of the hearing for Burris, who was sentenced to die for


AVGIdd AWNOLLWN SAWLL HaOA MAN aHL

6 HaaNdOdd

Indiana Executes a Killer of 2

MICHIGAN SITY, Ind., Dec. 8
(AP) — A robber Cs victed of mur-
dering’a Brink’s guare and a police
officer was executed in Me electric
chair early today as his son W@ tched.

The condemned man, Gregory
Resnover, 43, turned down a
meal and made no final statems
He was pronounced dead at 713
A.M., after 2,300 volts of ele¢tricity
were sent through his bod for 10
seconds, followed by 500olts for 20
seconds.

Among the nine péople who wit-
nessed the execution was Gregory
Barnett, Mr. Res over’s 18-year-old
son. Afterwards, he would barely
walk out ofAhe room, said Virginia
Burns, anpponent of the death pen-
alty whe was also present.

_“ItAvas bad,’”’ Ms. Burns said. ‘‘He
cried like a baby.”

Mr. Resnover was sentenced to die

/ for the December 1980 killing of an

Indianapolis police sergeant, Jack
Ohrberg. He was also convicted of
killing a Brink’s guard, William E.

Sieg Srfin a $50,000 robbery of a
Kmar#Store in August 1980.
ef peant Ohrberg was killed while
tpfing to arrest Mr. Resnover and
ommie J. Smith for killing Mr. Sieg.
Mr. Smith, who fired the bullet that
killed Sergeant Ohrberg, is awaiting
execution.

Outside the Indiana State Prison,
Officer John Correll of the Indianap-
lis police said that many officers
fel\relieved that ‘‘justice has finally
comeNhrough.”’ i

The authorities said they believed
that Mr.\Resnover also killed his

- brother, Aaron, when his gun went

off.during a obbery in 1980.

A judge had\ruled that the execu-
tion could be videotaped and that Mr.
Resnover did not have to wear a
hood, but the Indiaka Supreme Court
overturned those
hour before the exedytion. The tap-
ing request was made py the Ameri-
can Civil Liberties ion, which
maintains that electrocutjon is cruel
and unusual punishment.

lings about an ~

rool

ad maw - Re

Pile

INDIANA [2-6~9-

INDIANAPOLIS — Gov. Bayh
denied clemency for Gregory
Resnover, 43, condemned to die
Thursday in the electric chair for
the 1980 slaying of a police officer.
Resnover’s lawyers have appeals
pending and his father asked to

meet € Bayh. USA ToD Ay’

Indiana Executes
Police Officer's Killer

Michigan City, Ind. — A robb

4 t Scans |
who killed a Brink’s guard died in
the electric chair early today for.
the murder of a police officer who

tried to arrest him.

Gregory Resnover, 43, turn
down a last meal and a final a
er. He was pronounced dead at

_ 12:13 a.m. after two jolts of elec-
tricity coursed through his body .

for a total of 30 seconds.
Resnover was convicted in the

December 1980 shooting of In ;
dia-

_ napolis police Sxepoait Jack Ohr.

berg. Resnover also was convicted _

of killing Brink’s guard William E.

Sieg Sr. during a $50,000 heis
a Kmart store in August 1060. we

Ohrberg was killed while try-

ing to arrest Resnover and Tom-'
mie J. Smith for the guard’s kill-
ing. Smith, who fired the bullet
that killed Ohrberg, is on death

row.

LEE

Fran Crsce Py

Chronicle pA

sit
/ Lurs.

Sa


Resmevo Q

4

(x~d

INDIANA

Execution Taping Rejected

INDIANAPOLIS—Hours before the Dec. 8 execution of
police killer Gregory Resnover in the electric chair, the
state Supreme Court rejected orders issued the same
day that would have allowed videotaping of the execu-
tion and permitted Mr. Resnover, 43, to forgo wearing
the traditional black hood. Ina class action on behalf of

other death row inmates, the Indiana Civil Liberties

Monday, December 26, 1994-January 2, 1995

cn RS TS
TT

Union sought to videota i

: pe the execution to support i

sacri that electrocution represents ne ‘aa
sual punishment. In a late night telephone confer-

ence, the five-member Suprem
: e Co
orders without comment. . urt overturned the


wf hors |3-§-44

| ing to arrest Resnover and Tom-
mie J. Smith for the guard’s kill-

Indiana Executes £
Pols Officer’ & Killer al

; in-|
who tated a Brink's guard died | ing. Smith, who fired the bullet

"the murder of a 4 police officer who ae
tried to arrest him. :
ca Gregory Resnover, 43, turned |

own a last meal and a final show-
: able, was eee dead at.

Sa pha a
182 oOhrberg was killéd ‘while try-

Sa FrANCSCo
Chronic Ce —

‘a lot of's

Medal Ere MeCeuly an
anti-death penalty activist.~He .
“the: vexecution: with:

| that killed Ohrberg, is on death «

USA TOPAY
EXECUTION: creas Si siees 43, was put to death in
ie * Indiana's electric chair early today for the 1980 murder of

fe au police Sgt. Jack eae

His SURE

“ok hi 7 it } rel by 4 r ” 2
that Killed Ohrberg, is is on death
row. sriaisd the Thdiana State.

Ths. [2-F-9


Ghe Dallas Morning News

Monday, December 12, 1994

East Texas sheriff agrees
to quit in sex attack case

Assault, indecency charges to be dismissed

Associated Press

TYLER — Wood County Sheriff
Frank White will resign by the first
of the year under an agreement to
dismiss felony sex assault and inde-
cency with a child charges.

Sheriff White pleaded guilty toa
misdemeanor assault charge in: ex-
change for dismissal of two felony
- counts of indecency with a child
and one felony count of aggravated
sexual assault.

The charges stem from incidents
that allegedly occurred more than
10 years ago, said Ron Dusek, a
spokesman for the attorney gener-
al’s office. -

“He pleaded guilty to the Class A

misdemeanor of assault. He will be
sentenced on January 3,” Mr. Dusek
said. “The victim and her mother
testified to the court that they were
in agreement with and supported
the plea bargain. They did not want
to go through the ordeal of a trial.”

The trial was scheduled to begin
Monday in Canton, where it was
moved on a change of venue be-
cause of publicity about the case in
the East Texas town of Quitman, the
seat of Wood County. .

Assistant Attorney General Lisa
Tanner was the prosecutor. The at-
torney general’s office took over
the case from Wood County District
Attorney Marcus Taylor.

The Dallas Morning News

Wood County Judge Lee E. Wil-
liams said he was happy with the

Please see E. TEXAS on Page 20A.

E. Texas sheriff agrees to resign post’

Continued from Page 17A.
outcome.
“I’m glad to get it resolved and to
get on with the business of this
county,” Mr. Williams said. “This
had become a distraction.”
The Wood County Commission-
ers Court must appoint a replace-
ment for Sheriff White. Mr. Wil-

liams said the commissioners’ next
meeting is Friday, but it hasn’t been
decided when a successor will be
named.

Sheriff White was first elected in
1985 and is midway through his
third term. Previously, he was a
Department of Public Safety trooper
in Wood County.


walked onto the porch with his hands
raised,

On June 29, 1981, a jury found Gregory
Resnover guilty of murder and conspiracy
to commit murder. The next day, the jury
returned a recommendation that Resnover
be executed.! The trial court agreed and
sentenced Resnover to die in the electric
chair. Three years later, in March 1984,
the Indiana Supreme Court affirmed the
conviction and sentence. See Resnover v,.
State, 460 N.E.2d at 922. Resnover then
filed two petitions for post-conviction relief,
one in October 1984, the other in March
1988. Both were denied by the Indiana
trial court. The Indiana Supreme Court
affirmed both trial court rulings. See Res-
nover v. State, 507 N.E.2d 1382 (Ind.), cert,
denied, 484 U.S. 1086, 108 S.Ct. 762, 98
L.Ed.2d 779 (1988); Resnover v. State, 547
N.E.2d 814 (Ind.1989), cert, denied, —
U.S. ——, 111 S.Ct. 216, 112 L.Ed.2d 175
(1990).

On May 2, 1988, Resnover filed a petition
for writ of habeas corpus, seeking relief
under 28 U.S.C. § 2254 (“§ 2254”), in the
United States District Court for the North-
ern District of Indiana. Approximately one
month later, Resnover requested an eviden-
tiary hearing, which the district court re-
fused to provide. After hearing oral argu-
ment, the district court denied Resnover’s
habeas petition. Resnover v, Pearson, 754
F.Supp. 1874 (N -D.Ind.1991). Resnover ap-
pealed. The district court granted a stay
of execution until further notice.

1. Thus, the trial was conducted in two parts, the
guilt/innocence phase and the penalty phase.

2. Townsend provided the following standard:
Where the facts are in dispute, the federal
court in habeas corpus must hold an eviden-
tiary hearing if the habeas applicant did not
receive a full and fair evidentiary hearing in a
state court, either at the time of the trial or in
a collateral proceeding. In other words a
federal evidentiary hearing is required unless
the state-court trier of fact has after a full
hearing reliably found the relevant facts. FN9
FN9 The existence of the exhaustion of state
remedies requirement ... lends support to the
view that a federal hearing is not always re-
quired. It presupposes that the State's adjudi-
cation of the constitutional issue can be of aid
to the federal court sitting in habeas corpus.

1456 965 FEDERAL REPORTER, 2d SERIES

Il.

On appeal, Resnover makes ten chal.
lenges to his conviction and sentence. We
consider each in turn.

[1] Resnover first claims that the dis.
trict court committed reversible error by
denying his motion for an evidentiary hear.
ing. Citing the standard annunciated in
Townsend v. Sain, 372 US. 293, 88 S.Ct.
745, 9 L.Ed.2d 770 (1963),2 Resnover argues
that the district court neglected to review
the state court record before rejecting his
motion. Yet since oral argument, the Su-
preme Court has overruled Townsend. See
Keeney v. Tamayo-Reyes, — U.S. —.,
112 S.Ct. 1715, 118 L.Ed.2d 318 (1992). In
Keeney, the Supreme Court held that the
cause-and-prejudice standard is the appro-
priate measure for excusing a habeas peti-
tioner’s failure to develop a material fact in
State-court proceedings. See Keeney, 112
S.Ct. at 1718. As the Court declared, “ap-
plication of the cause-and-prejudice stan-
dard ... will appropriately accommodate
concerns of finality, comity, judicial econo-
my, and channeling the resolution of claims
into the most appropriate forum.” Jd. at
1719.

[2] With Keeney’s cause-and-prejudice
standard, the habeas petitioner is entitled
to an evidentiary hearing if he can show
cause for his failure to develop the facts in
State-court proceedings and actual preju-
dice resulting from that failure. Jd. at
1720. The Court permits one narrow ex-

372 U.S. at 312-13, 83 S.Ct. at 757. Townsend
listed six circumstances in which a federal court
must grant an evidentiary hearing to a habeas
applicant:
If (1) the merits of the factual dispute were
not resolved in the state hearing; (2) the state
factual determination is not fairly supported
by the record as a whole; (3) the fact-finding
procedure employed by the state court was
not adequate to afford a full and fair hearing;
(4) there is substantial allegation of newly
discovered evidence; (5) the material facts
were not adequately developed at the state-
court hearing or (6) for any reason it appears
that the state trier of fact did not afford the
habeas applicant a full and fair fact hearing.
Id. at 313, 83 S.Ct. at 757. See also 28 U.S.C.
§ 2254(d).

“seption to this rule: a ha\
ailure to develop a clain
yroceedings will be excuse
* andated if he can show t
ial miscarriage of justice w
failure to hold a federal «
ing. Jd.
{3] In its order denyin
quest for an evidentiary
trict court, citing the
state record,” declared,
reviewed the long laundr
subjects for an evidenti:
concludes that none of sa
an evidentiary hearing.
Order, July 12, 1990, Apr
at 52. Finding that R:
sustain his burden to este
an evidentiary hearing,
denied the motion.

We see no error in th
ruling. Under either t
Townsend formula or the«
Keeney standard, Resno
demonstrate that a fe
hearing is warranted. E
upon the fact that the dis
explicitly determine the
the six scenarios descri!
Resnover also argues
court’s order does not e\
that the court reviewed
denying the request for a
of these claims convince

If Resnover could s
then we would be inclin
wase to afford him th
_ present evidence estab
prejudice under Keene.
eannot overcome the m
send criteria. Townsen
taught that a hearing is
facts were not properly
court, or when the proce
facts were determined s«
tive. See U.S. ex rel. S
ley, 915 F.2d 1128, 1139
tases where a constitu’
blatantly violated, Tow’
the discretion of trial «
whether an evidentiary
sary.”); Matta-Ballest:

6


1454

present mitigating evidence, where defen-
dant deliberately absented himself from
that phase of the case. U.S.C.A. Const.
Amend. 6.

9. Criminal Law ¢641.13(7)

Trial counsel was not ineffective in
failing to present testimony of defendant’s
father during penalty phase of capital case,
where such testimony may have permitted
government to elicit defendant’s lengthy
criminal history and counsel chose to follow
a reasonable strategy to plead for his
client’s life. U.S.C.A. Const.Amend. 6.

10. Criminal Law ¢641.13(7)

Trial counsel’s failure, during penalty
phase of capital case, to present testimony
of lawyer who represented individual exe-
cuted in 1981 and an executioner was not
ineffective assistance. U.S.C.A. Const,
Amend. 6.

11. Criminal Law ¢641.13(2)

Trial counsel’s use of law professor to
assist in preparing motion to dismiss death
penalty count was not ineffective assist-
ance, but rather reflected positively on his
performance. U.S.C.A. Const.Amend. 6.

12. Criminal Law ¢641.13(6)

Trial counsel’s failure to obtain testi-
mony of woman who apparently was
present during shoot-out that resulted in
police officer’s murder was not ineffective
assistance, where witness asserted her
Fifth Amendment privilege to remain si-
lent. U.S.C.A. Const.Amends. 5, 6.

13. Witnesses ¢=304(1)
State is under no obligation to grant

witness immunity. U.S.C.A. Const.Amend.
5.

14, Witnesses ¢297(13)

It is only when there is but a fanciful
possibility of prosecution that claim of
Fifth Amendment privilege is not well tak-
en. U.S.C.A. Const.Amend. 5.

15. Witnesses ¢=297(13)

Trial court properly sustained asser-
tion of Fifth Amendment privilege by wit-
ness who had apparently been present’ dur-
ing shoot-out that resulted in police offi-
cer’s murder, as there was more than a

965 FEDERAL REPORTER, 2d SERIES

fanciful _ possibility —_ of
U.S.C.A. Const.Amend. 5.

16. Criminal Law ¢641.13(7)

Appellate counsel’s failure to file reply
brief to correct inaccurate statements of
fact contained in state’s brief to Supreme
Court of Indiana did not prejudice defen.
dant, where appellate counsel had already
cited disputed page in the record. US.C.A.
Const.Amend. 6.

17. Homicide 250

Conviction of murder of police officer
was supported by sufficient evidence, in-
cluding testimony of police officers at the
scene, physical evidence, namely a veritable
arsenal of firearms, and forensic evidence
obtained from autopsy of victim.

18. Criminal Law ¢ 820, 822(1)

When reviewing challenge to jury in-
struction, Court of Appeals must view in-
structions as a whole and consider chal-
lenged instruction both in context of other
instructions given and in light of allega-
tions of complaint, opening and closing ar-
guments, and evidence of record.

19. Criminal Law ¢=798

Despite defendant’s contention that tri-
al court’s instruction in joint trial failed to
charge jurors that they had to make sepa-
rate and individualized determination con-
cerning defendant’s guilt, instructions gave
defendant individualized attention.

20. Criminal Law €>792(3), 796
Defendant received individualized con-
sideration in instructions during penalty
phase of joint trial; court properly instruct-
ed jury on accessory liability and penalty.

21. Habeas Corpus ¢=497

In prosecution for capital murder of
police officer, prosecutor’s references in
closing argument to his personal friendship
with victim did not amount to constitutional
error, where prosecutor conveyed no sub-
stantive, personal information to the jury
through his comments.

22. Criminal Law @721(3), 722(2)

Prosecutor’s. comments regarding de-
fendant’s refusal to be present in court-

prosecution.

room during penalty ph
not improper; indeed, «
pointed out that defend
from the courtroom and
on defendant’s exercise
against self-incrimination
Amend. 5.

Charles A. Asher, Sout
in P. McGoff (argued),
McGoff, Brent Wester’
Ind., for plaintiff-appelle

David A. Arthur, Dep:
fice of Atty. Gen., Feder:
napolis, Ind., for defenc

Before BAUER, Chief
and FLAUM, Cireuit Ju

BAUER, Chief Judge

At approximately 5:30
11, 1980, Sergeant Jac
Indianapolis Police was ;
attempted to serve arre:
tain individuals believed
North Oxford Street
Plaintiff-appellant Greg:
his co-defendant at tri:
have been sentenced to
chair as a result of |
Resnover now stands be
requests relief from his
tence. We decline. Ins’
district court’s denial o

I.

-In Resnover v. Stat
926 (Ind.), cert. denied
S.Ct. 231, 83 L.Ed.2d

preme Court of Indiana
evant facts: at approxi
December 11, 1980, Ind:
geant Jack Ohrberg me’
Christ to serve papers
tly residing in Indian
ats subsequently joinc
g and Christ before

uplex residence at 3:
Street at approximate!

Officers Schneider anc
th in the rear, Oh
ficers Ferguson and


officer
ice, in-

at the
aritable
vidence

jury in-
riew in-
sr chal-
of other
all
sin

that tri-
failed to
ke sepa-
‘jon. con-
ons gave

ized con-
penalty
instruct-
penalty.

vurder of
‘ences in
“riendship
stitutional
1 no+sub-
» the jury

room during penalty phase of trial were
not improper; indeed, comments merely
pointed out that defendants were absent
from the courtroom and did not comment
on defendant’s exercise of his privilege
against self-incrimination. U.S.C.A. Const.
Amend. 5.

Charles A. Asher, South Bend, Ind., Kev-
in P. McGoff (argued), Safrin, Kiefer &
McGoff, Brent Westerfeld, Indianapolis,
Ind., for plaintiff-appellant.

David A. Arthur, Deputy Atty. Gen., Of-
fice of Atty. Gen., Federal Litigation, India-
napolis, Ind., for defendants-appellees.

Before BAUER, Chief Judge, POSNER
and FLAUM, Circuit Judges.

BAUER, Chief Judge.

At approximately 5:30 a.m. on December
11, 1980, Sergeant Jack Ohrberg of the
Indianapolis Police was gunned down as he
attempted to serve arrest warrants on cer-
tain individuals believed to reside at 3544
North Oxford Street in Indianapolis.
Plaintiff-appellant Gregory Resnover and
his co-defendant at trial, Tommie Smith,
have been sentenced to die in the electric
chair as a result of Ohrberg’s murder.
Resnover now stands before this court and
requests relief from his conviction and sen-
tence. We decline. Instead, we affirm the
district court’s denial of habeas corpus.

I

In Resnover v. State, 460 N.E.2d 922,
926 (Ind.), cert. denied, 469 U.S. 873, 105
S.Ct. 231, 88 L.Ed.2d 160 (1984), the Su-
preme Court of Indiana determined the rel-
evant facts: at approximately 3:00 a.m. on
December 11, 1980, Indianapolis police Ser-
geant Jack Ohrberg met Sergeant Lewis J.
Christ to serve papers on individuals cur-
rently residing in Indianapolis. Other offi-
‘eers subsequently joined Sergeants .Ohr-
berg and Christ before they arrived at the
‘duplex residence at 3544 North Oxford
‘Street at approximately 5:30 a.m. With
fficers Schneider and Harvey standing

teh in the rear, Ohrberg, Christ, and
fficers Ferguson and Foreman proceeded

RESNOVER v. PEARSON
Cite as 965 F.2d 1453 (7th Cir. 1992)

1455

across the porch of the residence to the
front door. Both Foreman and Ferguson
were in uniform.

Ohrberg knocked loudly several times
and identified himself as a police officer.
He then went to 3546 North Oxford, the
other half of the duplex residence, and
checked with Sandra Richardson to see if
she knew whether anyone currently occu-
pied the 3544 address. Richardson told
Ohrberg that she heard noise emanating
from that residence. Ohrberg returned to
3544 and again pounded on the front door,
announcing himself and the other men as
police officers. Ohrberg than assumed a
crouched position and started to use his
right shoulder to batter the door which,
after a few hits, began to open. Ohrberg
continued to push the door open as he
moved partially inside the doorway. Fore-
man shined a flashlight over Ohrberg’s
head and noticed a piece of furniture pre-
venting the door from opening completely.
As Foreman looked inside the residence, he
saw a sudden burst of muzzle flashes and
heard two, possibly three shots in quick
succession. These simultaneous muzzle
flashes came from two separate locations
approximately eight to ten feet apart inside
the residence. Immediately Ohrberg said,
“Oh no, I’ve been shot” or “I’ve been hit.”
He stepped back two steps, sank to his
knees, and collapsed on the porch.

Taking cover, Christ saw a person with
an “Afro” type hairstyle emerge from the
dark doorway onto the porch and fire at
least two additional shots into Sergeant
Ohrberg. At the same time, shots were
being rapidly fired from within the resi-
dence. When Christ returned the gunfire,
the man on the porch quickly retreated
inside the building. After more shooting, a
man identifying himself as “Gregory”
called from inside the house and said,
“Let’s talk.’ Gregory stated that there
was an injured man inside and offered to
send out two women who were inside the
residence. Christ refused to accept the
women and ordered Gregory to leave the
residence. Gregory stepped to the door,
threw a weapon into the front yard, and


bn chal-
ce. We

the dis-
arror by
ary hear-
ciated in
83 S.Ct.
or argues

he appro-
beas peti-
ial fact in
eney, 112
ared .
dice \-
ommodate
cial econo-
1 of claims
1” Id. at

d-prejudice
is entitled
can show
che facts in
tual preju-
re. Id. at
narrow ex-

. Townsend
federal court
to a habeas

dispute were
(2) the state
ly supported
e fact-finding
te court was
fair hearing;
on of newly
naterial facts
at the state-
on it appears
ote the
| fac ing.
lso 28 U.S.C.

ception to this rule: a habeas petitioner’s
failure to develop a claim in state-court
proceedings will be excused and a hearing
mandated if he can show that a fundamen-
tal miscarriage of justice would result from
failure to hold a federal evidentiary hear-
ing. Id.

[3] In its order denying Resnover’s re-
quest for an evidentiary hearing, the dis-
trict court, citing the ‘present massive
state record,” declared, “This court has
reviewed the long laundry list of possible
subjects for an evidentiary hearing and
concludes that none of same requires such

Order, July 12, 1990, Appellant’s Appendix
at 52. Finding that Resnover failed to
sustain his burden to establish the need for
an evidentiary hearing, the district court
denied the motion.

We see no error in the district court’s
ruling. Under either the now obsolete
Townsend formula or the more restrictive
Keeney standard, Resnover is unable to
demonstrate that a federal evidentiary
hearing is warranted. He can only seize
upon the fact that the district court did not
explicitly determine the non-existence of
the six scenarios described in Townsend.
Resnover also argues that the district
court’s order does not evince an indication
that the court reviewed the record before
denying the request for a hearing. Neither
of these claims convinces us.

If Resnover could satisfy Townsend,
then we would be inclined to remand the
ease to afford him the opportunity to
present evidence establishing cause-and-
prejudice under Keeney. But Resnover
cannot overcome the more lenient Town-
send criteria. Townsend and its progeny
taught that a hearing is required when the
facts were not properly before the district
court, or when the process by which those
facts were determined somehow was defec-
tive. See U.S. ex rel. Simmons v. Gram-
ley, 915 F.2d 1128, 1139 (7th Cir.1990) (“In
tases where a constitutional right is not
blatantly violated, Townsend leaves it to
the discretion of trial court to determine
whether an evidentiary hearing is neces-
_sary.”); Matta-Ballesteros v. Henman,

an evidentiary hearing.” District Court |

RESNOVER v. PEARSON 1457
Cite as 965 F.2d 1453 (7th Cir. 1992)

896 F.2d 255, 258 (7th Cir.) (‘{AJjn eviden-
tiary hearing is not necessary when the
facts essential to consideration of the con-
stitutional issue are already before the
court.”), cert. denied, — US. —, 111
S.Ct. 209, 112 L.Ed.2d 169 (1990); U.S. ex
rel, Shore v. O'Leary, 833 F.2d 663, 669
(7th Cir.1987) (“Under the habeas corpus
statute, ... the state court determination
shall be presumed correct. Thus, we find,
in the circumstances of this case, no feder-
al evidentiary hearing is mandated under
the principles of Townsend.”); Cartee v.
Nix, 803 F.2d 296, 299 (7th Cir.1986)
(“{T]he district court did not abuse its dis-
cretion in not holding an evidentiary hear-
ing. The state’s fact-finding procedures
... provided petitioners a full and fair
hearing. None of the circumstances out-
lined by the Townsend Court mandate an
evidentiary hearing.”), cert. denied, 480
U.S. 988, 107 S.Ct. 1584, 94 L.Ed.2d 774
(1987). Having failed in the first instance
to demonstrate that the facts were not
properly before the district court, Resnover
is thus unable to show cause for his failure
to develop a material fact and prejudice
resulting from that failure.

Put simply, Resnover has had a fair op-
portunity to present his case—including his
claims of ineffective assistance of coun-
sel—in state court proceedings. As we
have mentioned, there was a trial, whose
result was affirmed by the Supreme Court
of Indiana. Resnover then filed two peti-
tions for post-conviction relief. Both peti-
tions were denied by the Indiana trial court
and then affirmed by the Indiana Supreme
Court. At every stage, the United States
Supreme Court refused to grant certiorari.
The record of those proceedings, including
testimony by deposition, was before the
district court. Absent a fundamental mis-
carriage of justice resulting from the refus-
al to hold a federal evidentiary hearing,
neither the terms of § 2254(d) nor any case
law requires such a hearing after there has
been a full and fair adjudication in state
court. The district court did not err in
denying Resnover’s motion for federal evi-

dentiary hearing.

Special Correspondence to the The 3
Wabash, Ind., Feb. 14.—Phe—

tment In Wabash amoug those -who

the defense has
_ Succeeded in ratsing such a doubt as
to his sanity at the time of the homf-
cide that a death penalty will nat be
the sentence imposed. 1 he defense
has practically conceded the evidence
‘submitted by the state’s witnesses ‘and
's attemptihg t6 prove that these very
marks of brutality are proofa of: in-
Sanity, As in ‘the first trial each side
Will attempt to use the same. evidence

vf moral depravity and brutality, the
defense of mental tisarrangement,
Rinkard held his usual demeanor
today but the Prosecuting witnesses,
especially Frank
active Interest an
Prosecuting Atto
did the croge examining. Judge Shive
2&8 previously, made his ruHngs‘ia such
& WRY as to bring out the greate:
sible pertinent evidence.
sidered fatr by both sides. ;
The first witness examined
was Mra. Carrie Wimmer.
Sed that from her observatio

Hela con-

today
Rhe testi-
RS Bhe be.

é

Neved Rinkard to have been of un- |
round mind at the time of the bomi- |
cide, f

Mra, Carrle MeConnell, likew |
tified his b

{se tege
ehavior was that of an fa-

i
;
«

ber

_In support of thetr contention, the state }

Peeler, took a mora}
d at times prompted
rey Amaden, who:
‘¥. ; violence in correat
jhad. treated hi
at DOS | testified Rt

t

ithe witness to regn

sane perzon. On orate examination-sire ey crone-exitnination {he doctor .waad ne
giated. that sha did—net—hetievs his -ashed it = mans wha ery st Atria Wy
achions the resuit of mora! Gersction, wit, With « whin rth “4 ; Sie
Mra. Davis. rostding Within two end “ts ga ert :
one belt blocks of Rinkard’s fame. &. Surprise:
aa frequently observed Winkard and te . F- Shiveis. yas the Next wipe
veileved him to ba ingana — i eas AMG Le sited. sithovueh Aw he
Jack Bardwicts, bartender o? Marion nev igeey 408 nv
wae Seat esiled. Rinkard FOuUd Pere cttdy ha, Weivisred <a: : £
S826 urinks and forget that ig fading gufeide to ha: itaane: tT Hsg~
vone 85, and had other Decullar and exetiinacion enneisted-s¢ BEM pettent ban
Yiciens actigne and. WOUid—Kiek hie Wrestiong. ieee
horse In the stomach. ti believed de= +  =f7hack Shang Gea then tcok the wit. -
Pendéae insane, On cross examination Hees sand and stated that ha eoned i.
he stated that“ he had seen other ered Rinksasd of neque Pmind ar ise is.
Seonie do theame gh ines on Rititiwe » Sp “ .

jp Mi. 484023; (Dat lage wee Cato muna.
tive, loose fn ‘‘uusines®: methods and he
had jong elloved him to be Insane. ter
’ Walter Weaver. fcolored), a dray«
Mau, Was next cajled, Ha testified
that he had Seta Rinkard fightine 2
buggy wheel . with last cane,  swear-
ping to himself. starting en errands and
ireturnd ng. before _eecomplishing them
'He believed Rigkar; ingara,

Dr. Fulnn of. Marion, was next to
Seatif¥y and in answer: fo-the question |;
if he would consider a man’ who bad |
/Teared & family and bad lived With Ris iwith >
Wife for a° period of thirty-two years | Stat:
jand-—would then Ki} hor and attempt | were F
ito take his own life of Bound or WN- | toondbees

'sovnd ~ mind, he replied. that hej goiir

4
es

it

it i

tchern

i force:
“Ou Bas

u's i

ete be
haigh. :

t
£

eo,

A a pen ay

f*

PO ions y acy

i Would consider the man to be met o "Oe
(sound mind: He stated that he re-! from

t heu
ORs sent
GIRS | sagek
“FG thetige:
ifevaned po
tbe hag *itsed' much |
ing AM children and ' alee
a wife as the witnésses i poy fem ns
akard bud treated hia wife/,; .-a
would that not change the opininn of; + Eales
id to the condition | Theme

,#arded any man who woulkt commit
jor attempt to commit suicide:a pers
'Of unsound mind, _ On crosg-exara!
tion he was asked. if previogy

tine a2 man woukbckilt hjs. w
thea shoot hiruel

wary
ey

$f

4
of the man‘s mind atthe thma of the eho
homicide, The doctor responded that! woe
tt would note jo -= Got ese Paiai
Dr. Cronkite of Marton: wag next ite
on thé witness stand “and téstifiel the!

same as Nr. mm cid concerning the! pt. Same

conditiet of 2 person's tglnd who! by Hi
would endeavor to taks hig OW life; + pis

#42

* ai


ouive Be a

%

he ot Wiad a te

eae a ae a ee Rien oe Ne ar ana anne

siichtyitrietaemnes

AS we es ee serene Pediat ad

VoL 14, NO. i2 4,

AO ne Em me ge omg deg vaidicg OS A Bal ten ineenagmating tpn, te ee

eet v TRSDAY. |

E Seapren aun

einen a ate « thes

OSE HIS.

Thought 7 That Rinkard Ist
_ Out of Danger

i OR A a int a sage

PLEA OF THE DEF

ENSE,|

<8
i

P

That He Was Insane at the Time of
Homicide an Important Factor
att the Trial,

ah Porm Mic,
” SSR? >
22048@ -who

et the
~~ Fe & Be

a TG” the!
ndiciaent Dut nat ay cata haa |
suoceeded in palatal such & dont as ‘
‘O ois sanity at the time of the | ho omi- .
cida that a death penalty Wl nat be}

& Sentences i@tenae

loft sound or unaound: iaiad ?* “To that

On Cross-axamination, waid, “I
i believe ne was richt.’””

(Teturn aes ern

od OR ONL ls ele eg amaeuie AO tiene agente naep

iwhom he-hag- raised Y lyf: four |
ror fiva cRiidren, and who nas: left him |

Within a weak, should £0 {9 that place}
at 420 o'clock in the re pati 4nd inj
rsa can h:

ee ‘mae > tnes aie thie =
poaacot suicide; would youth: ak. hier! J:
case i should think him of* aie
mind” The prosecution : Ud a jik
supposition, she wing _ prensadtintion
Rnd received a conditional answer,
John Golding was-then: fecalled Wy;
the defense and told of becular actlons:
of Rinkard; giving . preetically the
fame evidence as in the first trial, He
aid he believed Rinkard insane. and |

don’t j Hold

* %
we i, we

€im bloye af

&F ‘2 Peng

2,
saris?

CPt oe ge oe ede
ae Se ee in Sie

ti
ai fet:

A es am santana

*, or
Lara =

‘share +) Sop Gee cy.
APE netted da eS

= = 4 4
SEE oe Ss s ps Bit - = 2 ey
i#iags GR CALC RES fide

Welter Wee

ee |
+" dares —
Sh

<> t= atte
= Jace

he — get °
Leceaty wheel
ing to himee?/

I _Binzay
Wins. eanZ,

Be oa

id: Sotto a

aAW?2a Pe

Ae es Adiabene ins ame. 4

erranca and

‘Te BOLO DL: aiug ihe
He believed Rinkard logan 1a,

rok ee ‘ f = * 4 ee a
Dr Stinn of Mari: at Was yer:

MEE

249


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Mra, Di
one-half blocks “Qf Rinkard’s home,
had frequently observed Rinkard and
delleved him to be Insane.
. Jack Bardwick, bartender or” Sarton:
Waa next called
chase drinks and forget that he had
doue "oO, and had othe
Yiclaus actions and
horws tn the stomach
fendg> “f Insane
he etated that
people do the-dame things as Rinkard
but held to his opinion.

Wiliam Logan, a

farmer, near

Marion, beileved Rinkard not mentally ‘asked to: stata. what

right ' \

At 10:15 a. Mm. A recesa WAS taken to
Permit several of the defonse’s wit.
-+hesges to arrive Shas were at Marion,
During the recess the prospeutine at-
torueys were closeted with the Messra, .
Peeler, At 10:40 o'clock Dr. Kimball -
was placed oa the siand and testified
to the condition of Rinkart when
brought to the } Lospital He testified’,
that Rinkard was of an unsound mind
at the time of the homicide

William Nesbitt of Grant county,
who was confined in the gail Wuring
the thine Rinkard was a prisoner, next
testifed. He said that, judc! <f fron
what he had seen and knew, he con-
eidered Rinkard aman of unsound
nind. When asked why he e¢ conald-
ered. he spake of the peculiar actions
of Rinkard One one occasion he

2WOxX# during the night and saw Rin-
imbing up the }
tthe cage. At

= ¢

inka ae aA

;
hard Te at the i.e

=.
tnother time he «aid

> 4
3 xe MUNG

TAY to tia
uUrhRed Sout,
snd. confronting the witness

mt ic mae*® cesit

Tater *yrirg:

said te
-hought some cf. the nrisonere tn

had atoien his medicine Sas 5it
tald hea aided. him {n “earching for. it
and he finaily discovered it to be in
Rinkard’s hand. He further stated }
that he had never seen Rin! ard ile
down during the night. Ths crose-
examination wag conducted by Prosa-
“utice Attorne: Murphy vf

. « &

esuitent moral ‘defect: ae Witte ae wae
.Pesiding within tyro and | ingare,. “Ths  gisWer 8 Ot WHS yulletquar

Rinkard would pir-

pecullar and!
oulj<kiek hia .
believed des ,
On eross examination > peas aiand knd stated: that he const i-
he had seen .other | ered Hinkard.of

(On the tov’s jit

{| kard, who greeted *
i hte. hat. Other maak

wr aheak i mat Ste< FF som,

MoS

tie e

ja sarprisa.

Dr, MF. Ehively waa the nes: wir
Reas Saw. He Aleted aithrow rh he had
never. giver in special
rStudy, he conaids One aAitempt-
ing euiotte ie be in

ae ¥

-

que: aces. >
i. Michael Ehacshan

tb ai taal PS the wrif-

Unsonunid wind.at thi
time of the “homicide Leeauas nf. tie |
‘actions he had seen Uthkerd perform
\ the day Sprays te the erie, When
ctions he had
* geen he sai a om the morning previous
‘to the shooting he saw thin ‘kard on
the west aide of tha puhile = qnare.
‘Marion cursing & ad ais roa | thal;
icarner,: He ctaied tliat na are w:
: Waa. witht % talking dietagecs at ot
‘time. On" crexe-< varminas ip than:
ness safd he had never ag Cag minkas rd
and waa not poattive that

the person he saw vonTer:
post.

Bert White, chief of. notice in Ma-
rion Wasa the folientine witness called
yand he stated the facts ef his nolnz
,to the Peeter home immediately efter
) the mucder. He was not creas-exain-
i ined
| James MeConnell, aa Insurance nian
of Marion, tock the witmesa stand snd
‘stated ha was peril ‘ei that ninkard
was insane wheir ha shot his wife he-t
"ause of the becuiiar way Rin card |

> _

4 2 pe rat Se ; #3 tae eis
iets GETS G eh i Ales tay see

ave WEA at

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homicide <i

boowy y
vebebets

Oi IA RBru Als #2 was
Céad fe (Rinkamil ef caes orecured 4
wean fSsusing iat ery
oS F245: dod FReke EQ. Bip
dressed Mr. | t, tha fnaure
;man and ing steed: shout the eicateisie
we or three <iave
ii 2a £aw Rin-
iim with a wave of
CoS rence cat

later the witness +


1s told to Constable FRED BONAHOOM

EADQUARTERS AND A BRAVE OFFICER FALLS TO THE
4ST THE BEGINNING OF AN UNFORGETABLE NIGHT

HOWCET ALAR
SISTEN
Y f

PM AT FC LLEcTa| ‘

aig ; Ee
KG Aga

locks the fatal call box.

Far north on Franklin a siren
whines, thé sound carrying a long
distance in the stabbing cold.

Steve eyes the railway tracks 100
feet north of Calf Box 13. The
tracks parallel sandy’ Harrison
Street, which runs,east and west.
North of the Pere Marquette double
line and east of Franklin is a bleak,
deserted switch yard.: North of it
stands a gray freight depot.

West of Franklin, north of the
railroad is a vast open stretch, save
for a small, one-story brick pas-
senger depot, hugging the north
side of the tracks.

Directly west of Steve is a drifted
vacant lot, while south of it stands
a two-story, white framehouse, the
John Proll home. Next, to the
south, are three weed-grown lots,
and then the Ernest L.’ Dingler
mansion, high on a knoll. -

On the east side of the street,
south of the grocery store, is a row
of residences.
®Steve muses aloud: “Since the
old man called the desk at 3, and
called again seven minutes later to
ask for the wagon, he must have
caught his prisoner or prisoners
pretty close to the call box.”

Barney agrees. “That’s a cinch.”

Steve goes.on: “Then, whoever
he caught, he led ’em here, called
Frank—and his prisoners shot him
right after he hung up.”

“He didn’t even have time to
draw his gun,” Barney points out.
“His coat is buttoned.”

’ “Too bad the wind blew the snow
away from around the call box,”
says Steve, glancing down. “Or we’d
be able to tell how many the old
man brought to the box with him.”

Barney put in: “It looks like he
caught somebody red-handed at
something.”

Steve objects: “From what the
sarge said I got the idea -Charlic
had a tourist.”

‘Barney glances at the shadowy
passenger depot some 300 feet to
the northwest. “Yeah. I guess that’s
right. If the old man had had more
than a tourist, he would have ex-
plained to Frank. But he just said,
‘Send the wagon.’”’

Meditatively, Steve too stares at

the depot, a hobo haven. “The old
man could have picked up a bum
he thought was a tourist, but may-
be the guy was hot.”
* To the north, a squad car and
ambulance sweep under the arc
light, sirens wailing. The officers
take a last survey.

Steve points suddenly to the va-
cant lots between the Proll and
Dingler homes on the opposite, side
of the street, .

*“Look, Barney, Aren’t those a
double pair of footprints headin’
west between those houses? They
start at this edge of the snow near
the curb.”

Hefore Narney oan reply, Captain
Stark leaps from the skidding

squad car, and the ambulance pi

up. :

Looking down at Charlie, |
captain sighs and turns to quest:
the sleepy-eyed, white-trouse:
interne. ,The interne exami
Glafcke quickly and. shakes
head. ;

“What’s he sayin’?” Stark bar
watching Glafcke’s moving but
lent lips.

Again the interne shakes
head. “Just a mumble. He’s 1
conscious.”

“Do you think he’ll recover -cc
sciousness?”

The interne’s head shakes.
doubt it—but he may for a whil

Stark grabs the ‘call box te
phone and yells at me:

“Frank—Glafcke’s on his way
St. Anthony’s. Put a man at
side to listen if Glafcke tells w
shot him.”

BANG goes the receiver in my ¢

A squad car pulls up in |
snowy parking space outside
window, and Officer Arthur
Menke hurries in.

‘I order him to the hospital a
tell him to send his buddy b:
with the squad, because’ we'll n:
every available automobile. Menk
stocky body disappears out |
frost-encrusted glass door.

On the outside telephone I |
gin arousing the day men, mob!
ing for a manhunt. Our force nu
bers 28 at the time, Sund
December 14, 1930, and Paul I
vere-ing the men _ is a big j
Temporarily, I ordered them to |
station.

If they haven’t autos, I tell th
to comandeer taxis, neighb
cars, anything—but to get to |
station at once.

My little office is deathly .qu
and chilly. Blown snow rust
against the black window to
left.

When Steve Konieczny poi
out the double set of footpri
leading west across the snc
covered lots between the Proll 2
Dingler homes, Stark nods.

“Follow ’em.”

He commands men to shi
down the freight yards and b
depots, even though he is sure |
killer has not lingered in the vic
ity. Then Stark dives into his .
and returns the two miles to '
station.

Bursting in the door, he raps
me:

“Notify surrounding towns. /
them to shake down Pere M
quette trains. The guy may h:
hopped one of them.”

I call New Buffalo, Mich., 10 m
northeast; Gary, Ind., 25 m
west. In addition, I notify the sh
iff at La Porte, the county s
12 miles southeast. Everywher:
am assured alert co-operation
complete the net, Fo ocall ot!
cities,


Panorama view showing call box on pole, depot and tracks.
Walter C. Calvert, spectator, points in direction the killer ran.

Gary police say: “Right! We'll
get him. A cop-killer, you say?”

Nerve-wracking minutes pass be-
fore Gary police phone us and say
laconically, “We got him. Took him
off a bus at the central terminal.
He didn’t have a gun on him, but
we'll call you shortly and tell you
what he says.”

We relax.

Sitting around the office, we
light cigarets or cigars. Well, the
chase is over quicker than ‘we ex-
pect. Word comes Charlie is still
’ alive-but hasn’t spoken. Well, Char-
lie, we got the guy, we say.

Then we are shocked out of

our shoes.

Gary police phone to say Rader
Was taking it on the lam, because
he had shaken down the till at
Goley’s dive. Gary police also re-
port Panser claims he was drink-
ing in Goly’s with customers until
4

The customers are interviewed,
and we learn Panser has an air-
tight alibi. ;

Consternation grips us. Who,
then, killed Glafcke?

Must we depend on men stationed
along Pere Marquette to come
across the killer’s footprints in the
snow?

Dawn is comiffg on rapidly, and
light snow flakes are fluttering
Past the east window through the
beam of light.

In the distance a train whistles,

Policemen and volunteers troop
into the station, and are assigned
to spots along the Pere Marquette
line.

In the ‘midst of the turmoil, the
telephone rings and Chief Wesley
R. Kibby, working with Konieczny
and Barney near the P. M. depot,
_ offers a hot lead.

“We went back, to the call box,”
Kibby informs me, “and we found
another pair of tracks.

“Not right at the box, but acroas
the street near the depot. ‘The guy

was wearing shoes with a brand
new set of U. 8. Spring Step heels.

“There's plenty of those prints
around the depot, and along the
sidewalk leading toward the call
box they’re side-by-side with Glaf-
cke’s.

“Looks like Glafcke picked up
this mug near the baggage ‘trucks
on the west side of the depot, and
took him over toward the call box,
although we can’t be sure because
there’s*no snow in the street .. .”

I interrupt: “Which way do the
prints lead? We got plenty of men
here’ to'send out.” .

“West along the P. M. line, hug-
ging the rails,” the chief replies in
his brisk voice. “We spotted the
prints right in front of the depot
and across the rails. Looks like the
guy was running for all he was
worth, ’cause his toes dug into the
snow. I figure he’s a stranger and
that he’s stickin’ close to the rail-
way {n case a train comes along.
I bet he’s scared epough to hop a
train doin’ 80.

“Barney, Steve and I will follow
the prints west, but we'll have to
be cautious in case he’s layin’ in
wait for a train.”

“Okay, chief,” I answer. “You're
right—he might be still near the
depot or he may be a mile away.
Thanks,” p f

This is the hottest lead of all.
At last we have something tang-
ible, If the snow will only hold off.

A guy running west along the
Pere Marquette tracks! |

Patrolman James Warrick, 645
Willard Avenue, a neighbor of Glaf-
cke, appears in a comandeered auto
driven by Frank H. Lueder, 1720
West Tenth Street.

I assign Warrick and Patrolman
Robert Newman, 509 Greenwood
Avenue, who has hiked in from
his beat, to the Hitchcock Street
Pere Marquette crossing, more than
three miles west of the depot,

Other men I scatter between the

ig as

7

f
f

EON EIEN HT LIE A REI ET LTR

m@ A snapshot of Patrolman Glafcke, taken at rear of his

x

home

Ee

Ag


Le YLL, Frank."
The gruff, unmistakable

voice of Patrolman Charles
L. Glafcke, 58, 323 Williard Avende,
veteran of the Michigan City, Ind.,
police force for 30 years, growls
metallically from ‘the telephone re-
ceiver in my big hand. "Send the
wagon."

Charlie's tones, easily identifiable
because of an impediment in his
speech, are calm and unhurried. Not
a rush call. Probably Charlie has a
"tourist".

But those were the last words
Charlie ever spoke. | am the last
person to hear his friendly, booming
voice.

My little office is cold that -

December night.

With a sense of foreboding be-
cause I believe in my hunches, I
answer quickly:

“Okay. The squad will be with
you in a minute.” ‘

Nervously, I yank out the switch-
board plug, and the white light
above No. 13—a call box at Har-
rison and Franklin Streets next to
the Pere Marquette railway on
Michigan City’s south side—snaps
out. ‘ :

Glancing at the big, dirty-faced
clock on the east wall to-my ‘left,
I jot down the time: 3:07 a.m.
Charlie has just made his routine
call to me at 3.

When the sweeping, narrow-
beamed spotlight of Squad Car
Officers LeRoy Barney and Steve
Konieczny picks out Call Box 13
on the south side of a gaunt tele-
phone pole on the southeast corner
of the dark street intersection, the
squad officers se? the area around
the call box like the nearby streets
and sidewalks, is deserted.

A block to the south an arc
light is tossed by the biting wind
above Superior and Franklin, the
city’s main stem. Three blocks
north on Franklin another arc
light glimmers fitfully. a

From eight in the evening until
midnight a heavy snow has fallen.
Now a fierce north wind howls off
Lake Michigan, sweeping open

stretches clean and drifting snow "

against buildings.

Puzzled, the policemen peer
through the frosted, icing glass
curtains of their touring car.

Slamming on the brakes, Koni-
eezny cries out.

Beneath the call box he sees a
prostrate human body on. the side-
walk.

While the car spins, Konieczny
and Barney leap into the street,
swept clear of snow, and rush to-
ward the motionless, figure.

It is Glafcke, his long coat but-
toned and his silvery white hair
blowing across his rough, irregular
features.

18

* telephone in my office, waiting for

‘out here quick. Send Stark.”

. phone callsswhich are to continue

Bending over, Barney mutters,
“Maybe he had a stroke.” Barney’s
han’some face shows concern, and
his lip: quivers. Steve grabs the
telephone and calls me: :

“Something h&s happened to
Charlie!” Steve barks. “I’ll call you
right back.”

Steve’s excited message is the
first inkling I have that something
is wrong at Call Box 13.

I rush into: the ‘Captain’s. big
office and inform Night Captain
George Stark, a smart, hard-work-
ing officer.

Together we huddle over the

it to ring again.

Be: soft-hearted Steve, one of
the force’s most capable men,
cradles Patrolman Glafcke’s unre-
sisting head in his hand, glancing
down at Charlie’s big body.

Charlie is probably the biggest
man on the force, standing about
six-feet-four and weighing more
than 200 pounds.

Steve sees Glafcke’s soundless
lips moving—and: suddenly Steve’s
blue eyes pop as he spies a small,
round dark hole above Glafcke’s
left eye. The’ squad car officer
yanks out his flashlight. Barney,
staring down, gasps. ‘

But simultaneously Steve be-
comes conscious that his hand
under Glafcke’s head is warm and
sticky.

Gently, he lowers Charlie’s head
to the sidewalk, and turns _his
flashlight on his hand. Blood.

“Charlie is breathing hard. Steve
sees that the round hole above his
eye is the size of a 45. —

HEAR Le Roy Barney's excited
~ voice: on :
“Frank! The old man has been

shot. Shot bad; Get an ambulance

Captain Stark hears, and is gone.
from my side. :
I begin the first of frantic tele-

throughout the night. I rush an
ambulance to Cali Box 13 and
notify St. Anthony’s hospital to
have a doctor, ready,

Chewing my thick fingernails, I
wait. I am sweating and yet chilly.

Steve glares at Barney. “Why .
should anybody ‘shoot h:m?”

The wind blows gusts of snow on
the crouching men.

Barney shrugs. “Maybe the old
man caught somebody at a job.”

He turns and stares meaningly
at Gielow’s grocery store, a one-
story frame building behind them,
eccupying the intersection’s south-
east corner.

Steve arises quickly and tries the
store’s doors and windows. All are
securely fastened.

Returning to Barney, who has
remained with Glafcke, he survéys
the scene,

By Ex-Night Desk Sergeant FRANK M, A

A WHITE.LIGHT FLASHES ON THE SWITCHBOARL
PAVEMENT AT A POLICE ALARM BOX BLOCKS A’

Patrolman Lloyd

ulead thtatine Cvava
frre (4 AS.

Squad Officer Barney

My long distance messages com-
eted, I go back. to rounding up
cal policemen.

From long experience, I know
st about where every man is on
s beat throughout the night.
here are seven ‘men -pounding
sats and four more in the two
juad cars.

Mobilizing the men along the.

ere Marquette tracks, I tell them
‘e have no description of the kill-
r but to be on the lookout for
uspicious persons. .

The number of calls I made that
ight, including long distance calls,
yust have run into the hundreds.

Stark stares out the windows as
ie waits for reports, and glancing
it the dark sky, across which
tretches shreds of snow clouds, he
nutters:

“Steve and Barney are following
{wo pairs of footprints leading west
‘rom the call box. If that wind
ets up, it’ll snow and blooey will
xo our footprints.”

I fires a glance out the window.
“They better move fast. In three
hours people will be up and about,
walking over. the tracks.”

Stark groans, and I wish I had-
n’t spoke. I could have reminded
him too that the killer could still
grab a freight. But I try to con-
centrate on my telephoning.

Who killed Charlie, and why?
Did Charlie have one or two pris-
oners when he called in? What
if it snows? A score of thoughts
chase through my mind.

GQuaD Officers Steve Konieczny
and LeRoy Barney hike at a
dog trot on the double trail across
the empty lots.

The footsteps weave as they
move west as if one or both of the
owners were wounded—or drunk.

On both sides of the trail for
about 50 feet,.the policemen keep
a sharp lookout for a discarded
45.

Very little can be learned from
the footprints. One man has big

- feet and long strides, the other
man has small feet and short
strides. Neither toes nor heels have
distinguishing marks,

Konieczny and Barney clamber
up the meadow’s embankment on-
to Wabash Street, and jog after the

prints west on Harrison Street,

20

Squad’ Officer Konieczny

just south of the Pere Marquette.

Ahead of them residences clus-
ter thickly for four or five blocks,
then give way to open fields and
swamp. Three miles west of the
depot the Monon railway, running
north and south, intersects the
Pere Marquette line. Beyond the
Monon lay more fields, swamp and
woods. d

“tf they head for the open
spaces, we're in for an all-night
grind,” pants Steve, his long legs
working. E

Barney shrugs. “They'll follow
the P. M. if they’re strangers.”

When the footprints unexpected-
ly swung off Harrison into a dark
alley—heading south away from
the railway—Steve grabbed Bar-
ney’s arm. : :

“Go slow. We might walk into
something.”

Barney nods. “Maybe they’re lo-
cals after all.” ae

Silently, the squad officers creep
forward and see .the footprints
leading into the rear of a two-
story, white frame house—midway
of the block—in which a lower,
side window. is illuminated: The
neighborhood is well built up...

Keeping out of the window's
light, which reflects on the fresh
snow, the policemen peer into a
bedroom and see two men arguing.
Snow clings to the men’s shoes.

Both officers gasp, for the men,
one thin and short and the other
tall and rangy, are known to them.
They are the Klingle brothers, Pete
the fiery, short one and Rudy,
boasting minor ‘police records.
Pete shakes his fist under the big-
ger: man’s nose. Both are drunk.

While Barney watches the house,
Steve races to a telephone.

I answer Konieczny’s excited call
and report to Captain Stark, who,
recognizing that an important call
is coming in, has stood over me.

“Steve and Barney got the Fling--

er brothers cornered in their house
on Myrtle Street,” I explain. “It
was the Klingle brothers’ tracks
leading away from the call box.
Steve wants more men.”
Captain Stark’s gray eyes snap,
and he shouts to Day Captain Ros-
co Stephenson. :
Grabbing ‘Thompson sub-ma-
chine guns, they slam out and I
hear the squad car roar away.

Patrolman Robert Newman

After a whispered confab in the
alley behind the Klingle house,
Konieczny, Barney and Stephen-
son slide to their scattered stations,
and Stark plunges into the house
through the. back door.

Tommy-gun fo. his shoulder,
Stark covers the Klingle brothers,
shouting: “Don’t move.”

But Pete moves.

He dives under a dirty pillow on

‘the bed, and as Stark flips the

gun’s safety and is about to let
him have ‘it, he comes up with an
alky bottle and smashes it on the
bare floor.

Pete grins idiotically at Stark,
and spreads his hands: “Where's
your evidence?” |

‘You can imagine how Stark cuss-

es him. The sawed-off runt is
afraid of a Prohibition rap—re-
member this is 1930—and_ risks
getting peppered with a Tommy
gun to break an alky bottle. ;

A tew minutes of checking alibis
convinced Stark the Flinger broth-
ers were innocent of Glafcke’s
shooting. ;

They said they had come down
the west side of Franklin from a
bootleg joint, and had not even
passed the call box.

Steve checked at the bootleg
joint, and the Klingle brothers’
alibi was corroborated.

AN hour wasted! The killer is a
mile or two away by now.

I glance out the window at the
dark sky and see the wind has
lessened and that the gray clouds
are re-forming. ae see

Disgruntled, Captains Stark and
Stephenson return and explain the

fiasco. Brushing snow from their.

long coats, they demand ‘fresh tips.
But I have none to give them.
I tell them Menke is still with

Glafcke,; who is breathing more~

feebly, but that Glafcke hasn’t
spoken. :

The frosty door bangs and in
comes Patrolman Rube Wilson, west
side beat-pounder, who is red-faced
from his walk uptown to report.
There is no call box on his beat.

As he rubs his brick-hued face,
Wilson learns for the first time
that Glafcke has been shot.

Startled, he cries: “That fits in
with what I saw.”

ae ao | aE a

Police Chief Wesley R. Kibbey

Stark, Stephenson and I surround
him.

-Wilson’s dark eyes
relates his story:

“J was warming myself in the
filling station across from the pris-
on, at Chicago and Hitchcock, when
I heard rapid footsteps in the
snow outside the station.

“Just as I looked up, who'should,
dash in the door but Jerry Rader,
the hop-head bartender at

flash as he

Goly’s. He wagn’t wearing a coat
cr hat, and his feet were covered
with snow.

“when he saw me leaning over
the laundry stove, he started to
back out—but changed his mind
and made a bee-line for the sta~
tion telephone. ;

“All the time he’s calling a cab
he’s watching me. As soon as the
cab pulls up, he jumps into it, and
away they go, south onto the Dunes
highway, then west around the
prison. we

“Later, after I had left the sta-
tion and was heading uptown, I
see the cab coming back. Rader
is still in it. It passed me going
north on Hitchcock as fast as it
could travel.” eae

Stark raps: -“Who was the cab
driver?” :

Wilson names him. :

Stark whirls on me: :

“See if you can get him at his
stand.”

Soon I am connected with the
driver and ask: .

“Where did you take Jerry
Rader?”

The metallic crackle says: “I
took him to Curley’s bus depot.
He wanted me to drive him to
Gary, but I refused, Then he said
he'd grab a bus. Why, what's he
done?”

“Thanks.” Turning, I reported to
Stark.

Stark raps: “See if he’s still at
Curley’s.”

Curley reports that a thin, sal-
low-faced young man with patent
leather hair—obviously Jerry Rader
—has just grabbed a west-
bound Indian Trails bus, and is
now on his way to Gary. Curly says
the young man was terribly ner-
vous.

“Call Gary,” Stark orders.

Men Executed In 3 States
AP 18-Jul-1996 9:16 EDT REF5213
Copyright 1996. The Associated Press. All Rights Reserved.

The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.

By The Associated Press

A man convicted of killing a police sergeant in Indiana was executed
by injection early today, hours after a man who claimed police badgered
him into pleading guilty to killing his male lover was executed in
Virginia.

To the end, Tommie Smith maintained he did not fire the shots that
killed Indianapolis police Sgt. Jack Ohrberg.

Ohrberg had gone to Smith’s house in 1980 to serve an arrest warrant
for another man. That man, Gregory Resnover, was executed in 1994 for
his role in Ohrberg’s killing.

Smith, 42, who had burglary and robbery convictions in the 1970s,
said he shot at the officer, mistakenly believing that Ohrberg was an
intruder. He denied police accounts that he shot the wounded officer as
he lay on the porch.

In Virginia, Joseph John Savino III was executed by injection late
Wednesday night, after calmly stating, "I'm sorry for what happened to
Tommy McWaters." .

Savino, 37, pleaded guilty to bludgeoning Thos McWaters to death at
their Bedford County home in 1988. Later, he claimed police had
badgered him into confessing even though he repeatedly asked for a
lawyer, and that he was high on cocaine at the time of the slaying.

Savino moved in with McWaters in 1988 when he was paroled to
Virginia after serving six years in a New York prison for robbery.
Savino had known McWaters, 64, for seven years and worked for his
construction company. |

Savino said in an interview this week that McWaters supported him
and gave him money but also hounded him for sex.

Earlier Wednesday, the state of Nebrdska executed John Joubert, a
former Boy Scout leader who murdered two boys in 1983.

"I do not know if my death will change anything or if it will bring
anyone any peace," said Joubert, 33. He mouthed "I love you" and made a
gentle kissing gesture toward his girlfriend after being strapped in
the chair.

Joubert repeatedly stabbed and slashed Danny Jo Eberle, 13, and
Christopher Walden, 12, near Offut Air Force Base, where he was

stationed. He also was convicted of stabbing and strangling a boy in
Maine.

Executions in Neb., Va., Ind.
AP 18-Jul-1996 3:21 EDT REF5632
Copyright 1996. The Associated Press. All Rights Reserved.

The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.

By The Associated Press

A man convicted of killing a police sergeant was executed by lethal
injection in Indiana early Thursday, hours after a man who pleaded
guilty to killing his male lover then said police had badgered him into
the plea was executed by the same method in Virginia.

Earlier Wednesday, a former Boy Scout leader who murdered two boys
in 1983 was executed in Nebraska’s electric chair.

In Indiana, Tommie Smith was pronounced dead at 1:23 a.m. CDT.
Convicted of killing an Indianapolis police officer, Smith claimed he
only fired in self-defense,

Sgt. Jack Ohrberg had come to his house in 1980 to serve an arrest
warrant for another man. That man, Gregory Resnover, was executed in
1994 for his role in Ohrberg’s killing.

Smith, 42, who had burglary and robbery convictions in the 1970s,
admitted firing a shot at the officer, but said he mistakenly believed
Ohrberg was an intruder and denied police accounts that he shot the
wounded officer as he lay on the porch,

In Virginia, Joseph John Savino III was pronounced dead at 11:22
p.m. EDT, said Tammy Brown, a spokeswoman at the Greensville
Correctional Center.

Savino, 37, initially pleaded guilty to bludgeoning Thos McWaters at
their Bedford County home. Later, he argued that police had badgered
him into confessing even though he repeatedly asked for a lawyer, and
that he was high on cocaine at the time of the murder.

Savino moved in with McWaters in 1988 when he was paroled to
Virginia after serving six years in a New York prison for robbery.
Savino had known McWaters, 64, for seven years and worked for his
construction firm.

Savino said in an interview this week that McWaters supported him
and gave him money but also hounded him for sex.

In Nebraska, former airman John Joubert apologized for his crimes
just before he was executed in the electric chair early Wednesday.

"I do not know if my death will change anything or if it will bring
anyone any peace," said Joubert, 33. He mouthed "I love you" and made a
gentle kissing gesture toward hig girlfriend after being strapped in
the chair. |

Joubert repeatedly stabbed and slashed Danny Jo Eberle, 13, and
Christopher Walden, 12, near Offut Air Force Base, where he was
stationed. He also was convicted of stabbing and strangling a boy in
Maine.

The killings 13 years ago kept the Omaha area in fear for three
months. Joubert was caught after he tried unsuccessfully to abduct a
preschool teacher, who then noted the license plate number of Joubert’s
car. Joubert confessed later that day. _

In explaining the murders, he told the Omaha World-Herald last
month: "It was the power and. the domination and seeing the fear. That
WAS MekRE Excerme THAIS F2TUALLY Cause THe HARD)

Executions In 2 States

AP 17-Jul-1996 23:48 EDT REF6061
Copyright 1996. The Associated Press. All Rights Reserved.

The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.

By The Associated Press

A man who pleaded guilty to killing his male lover then said police
had badgered him into the plea was executed by lethal injection in
Virginia, the second of three executions scheduled Wednesday.

Earlier in the day, a former Boy Scout leader who murdered two boys
in 1983 was executed in Nebraska's electric chair, and a man convicted
of killing a police officer awaited execution in Indiana.

Joseph John Savino III was executed in Virginia after two final
appeals to the U.S. Supreme Court failed. He was pronounced dead at
11:22 p.m., said Tammy Brown, a spokeswoman at the Greensville
Correctional Center.

Savino, 37, initially pleaded guilty to bludgeoning Thos McWaters at
their Bedford County home. Later, he argued that police had badgered
him into confessing even though he repeatedly asked for a lawyer, and
that he was high on cocaine at the time of the murder.

Savino moved in with McWaters in 1988 when he was paroled to
Virginia after serving six years in a New York prison for robbery.
Savino had known McWaters, 64, for seven years and worked for his
construction firm.

Savino said in an interview this week that McWaters supported him
and gave him money but also hounded him for sex.

In Indiana, Tommie Smith was scheduled to die for killing an
Indianapolis police officer. Smith claimed he only fired in
self-defense at Sgt. Jack Ohrberg, who had come to his house in 1980 to
serve an arrest warrant for another man. That man, Gregory Resnover,
was executed in 1994 for his role in Ohrberg’s killing.

Smith, who had burglary and robbery convictions in the 1970s,
admitted firing a shot at the officer, but said he mistakenly believed
Ohrberg was an intruder and denied police accounts that he shot the
wounded officer as he lay on the porch.

In Nebraska, former airman John Joubert apologized for his crimes
just before he was executed in the electric chair early Wednesday.

"I do not know if my death will change anything or if it will bring
anyone any peace," said Joubert, 33. He mouthed "I love you" and made a
gentle kissing gesture toward his girlfriend after being strapped in
the chair.

Joubert repeatedly stabbed and slashed Danny Jo Eberle, 13, and
Christopher Walden, 12, near Offut Air Force Base, where he was
stationed. He also was convicted of stabbing and strangling a boy in
Maine.

The killings 13 years ago kept the Omaha area in fear for three
months. Joubert was caught after he tried unsuccessfully to abduct a
preschool teacher, who then noted the license plate number of Joubert’s
car. Joubert confessed later that day.

In explaining the murders, he told the Omaha World-Herald last
month: "It was the power and the domination and seeing the fear. That

ee T

RESNOVER, Gregory, black, elec. INSP (Marion) December 8, 1994; and
SMITH, Tommie, black, injection INSP (Marion) July 18, 1996.

SMITH, Tommie J., black, was convicted with Gregory Resnover of the 1980 shooting .
death of Indianapolis Police Sgt.Jack Ohrberg. The police were attempting to arrest Resnover at
his home for the shooting death of a Brinks guard when both he and Smith opened fire with auto-
matic weapons. While the prosecutors conceded that Resnover had fired the shots that killed
Ohrberg, they maintained that Smith was equally guilty. The courts agreed and both were
sentenced to die. Resnover was electrocuted on December 8, 1994.-News, Indianapolis, IN,
2/20/1996. 3

“Michigan City-Convicted cop killer Tommie Smith is expected to ask a parole board to
change his prison sentence to life. Smith’s execution date: June 14.”-USA Today, 5/28/1996.

“Indianapolis-Gov. Bayh denied a reprieve for death row inmate Tommie Smith, convicted
of the ‘90 slaying of a police officer. He could become the state’s first execution by injection
Thursday...”-USA Today, 7/16/1996.

to mee So een ne

| Top court
forbids
taping of —

execution
(2-§-S¥

By Janet E. Williams
STAR STAFF WRITER

The Indiana Supreme Court,
mecling late Wednesday by tele-
Phone just hours before his sched-
uled death. refused to allow the
videotaping of Gregory Resnover's
execution.

The decision overturned a rul-
ing issued earlier in the evening
by Special Judge Ernest E. Yelton
of Clay Circuit Court that would
have let Resnover's lawyers tape
e the execution for use in a future
: court case.

The justices alsé overturned a
: tuling by Yelton that would have
- let Resnover go to his death with-

06. en Ob OME. 3% & 00's

lionally covers the head of the
condemned prisoner. ;
Earher, Yelton refused to issue
a preliminary injunction Stopping
Resnover’s execution on the
Grounds that the electric chair {js
cruel and unusual punishment.
That ruling was the condemned
murderer's second setback this
week on the same tssue. :
Resnover, through one of his
attorneys, Richard Waples. decid-
ed not to make a Spectal appeal to
the Indiana Supreme Court to stop
the execution. ; a
“He feels he hasn't had a fair
shot there and doesn't want to
take this up there.” Waples sald
Wednesday evening. moments af.
ter Yelton tssued hts ruling. :
Waples said Resnover wanted
his- execution to be videotaped and
his face to be seen by the witness-
4 €s s0 his death can be used in the
i continuing challenge of the consti-
tuuionality of the electric chair. ~.
The lawsuit filed by Resnover
and three other Death Row in-
mates was not resolved with
Wednesday's rulings. The case
will have a full hearing before
Yelton in the future. ue
Late Wednesday. Yelton spent
more than 90 minutes reviewing
Resnover's petition and support-
ing documents, which argued that
death in the electric chair is grue-
some and cruel. aS
Waples argued for a preliminary
injunction to stop the execution so
the tssue of whether the use of the
electric chair violates the U.S. arid
State Constitutions could be decid-
ed at a civil trial. j
In deciding against issuing the
- Injunction, Yelton rejected a pas-
sionate argument from Waples

“eo oe
Wee eae he net GON TN etm eben neee me

es the body by
burning it. The electric chair is
tantamount to a medieval torture
because the process causes the
flesh to burn and the blood to boil?
he argued. -

“We should treat our prisoners
at least as well as we treat our
pets.” Waples told Yelton. He was
referring to the Humane Society's,
ban on killing animals by electro-
cution. tes.

Indiana Deputy Attorney Gener-
al Miguel Rivera argued that the
issue wasn't about the electric

t chair. He says Waples was just’
(3
dl
y

Satna 67 heel Aad
i
o
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|
E

ft

trying to find a judge who would
Stop Resnover's execution. . <>
Rivera also said ‘courts have.
ruled that death in the electric’
chair ts not cruel and unusual
punishment. eas

J The tissue was ‘argued again,
Wednesday because Waples asked
N

the prior judge on the case. G.
Thomas Gray of Morgan Circuit
Court. to remove himself from the
casc.

Out wearing the hood that tradi-

OP ST Tet eet Nee ete reer. ett To tae.

ote

i. Te


Resnover’s funeral
cloaked in sorrow

and condemnation

Associated Press

INDIANAPOLIS — Gregory Res-
nover, remembered as a compas-
sionate friend by family and associ-
ates but vilified as a brutal murder-
er by others, was buried in a driving
snowstorm yesterday afternoon.

Resnover, 43, was executed early
Thursday for the December 1980
death of Indianapolis police Detec-
tive Sgt. Jack Ohrberg. Ohrberg was
shot dead when attempting to arrest
Resnover for the robbery and slay-
ing of a Brink’s security guard.

Prior to Resnover’s funeral and
burial. his attorney released Res-
nover’s final statement, in which he
apologized to the widow of the po-
lice detective whose murder led to
his execution. The statement also
harshly criticized the politicians
who failed to commute his death
sentence.

“To Mrs. Ohrberg, a woman of
great dignity, I am truly sorry for
the agony that you have endured
over the years. I hope that my death
in some way helps you heal,” Res-
nover said in the statement given to
attorney Robert Hammerle hours
before his execution last week.

Killing a police officer is a capital
crime in Indiana, and both Resnover
and Tommie J. Smith were sen-
tenced to death. Smith’s sentence is
still being appealed.

Resnover’s attorneys had argued
that he did not fire the fatal shots,
and prosecutors agreed the bullets
that killed Ohrberg were not fired
from Resnover’s weapon.

“Everyone knows that the politi-

cal people who could stop my ex-
ecution are afraid to act for fear af.
damaging their political careers,”

Resnover said in the statement. “‘As '

to the crime for which I have been
put to death, I go to my grave an.
innocent man.

“I know as I look in the face of.
the Creator that I did not know that
it was the police firing into our.

home 14 years ago until after the
shooting had stopped.”

Hammerle, who fought back tears
while reading the statement, said he -
would continue to work to abolish
the death penalty in Indiana. calling:

it a flawed. racist institution.

He said that after Resnover re-
fused his last meal in prison, the.
Department of Corrections still of-.
fered him fried chicken — which
Hammerie called an example of i in-
stitutional racism.

“Fried chicken, fried chicken,” he:
said. “They thought that because
he’s an African American, for his
last meal they’d give him fried
chicken.”

Speaking at Resnover’s funeral,
Hammerle said Resnover “did not

want his death to be an excuse to.

react rashly, or violently. He wanted
it to be a source of strength and in-
spiration for all of us.”

Before the funeral, Hammerie ve--

hemently denied that anyone con-
nected with the Resnover case was
responsible for a gunshot fired into
the air near Gov. Evan Bayh’s resi~
dence Friday. Bayh had refused to
grant Resnover clemency.

Resnover was buried at Crown -

Hill Cemetery in Indianapolis.

Loulsyue CouRige—
Jougnee.

Sun. DEC. Il, 4


G08 A TDAP OC © wait S gps cues vce . “
'

wwe Yee YP ee eee

(mR Raw ee ee ee OP ee SO

Why clemence

/2-§-54

y denied

ere is a summary of Gov. Evan Bayh’'s statement of

- his reasons for denying clemency to Gregory Resnover:

Resnover robbed a Kmart store and killed a Brink's
guard, William Sieg. on Aug. 4, 1980. On Dec. 11. 1980. .
Resnover and Tommie J. Smith fired semi-automatic assault
rifles at Detective Sgt. Jack Ohrberg, who was leading a team
of police to serve warrants for murder, robbery and conspira-
cy at a house at 3544 North Oxford Ave. in connection with
Sieg’s death. Ohrberg was killed.

In a jury trial June 29, 1981. Resnover was convicted of
Sgt. Ohrberg’s murder. He was sentenced to death. In numer-
ous, lengthy judicial proceedings state and federal court
decisions upheld his guilt and the legality of his sentence.

In Indiana it is not necessary to fire the fatal shot to be
guilty of murder. If two individuals fire assault weapons upon
police officers they may be found equally culpable.
| Some say capital punishment is inherently abhorrent and

should be prohibited. The Supreme Courts of both the United
States and Indiana considered this contention and reject it. It
is unquestionably constitutional. There are times when it is
- appropriate. Participating in the murder of a law enforcement
. Officer performing his duty is such a case. .
Some say Resnover's race was the only reason for his
; death sentence. This ignores the fact that Indiana's attorney
' general, who concluded it would be legal to carry out the
' sentence, and the chairman of the Indiana Parole Board. who
; voted to deny clemency, are African-Americans. It is not
| believable that they would have acted as they have if Res- ..
‘ nover's race were responsible for his plight. Resnover's acts,
not his race, are responsible for his sentence.
It is possible someone found guilty of murder and sen-
: tenced to die might still receive clemency. This could be
Justified by an act of extraordinary courage or kindness either
before or after the commission of the crime. A review of
Resnover's record revealed no such exceptional circum-
stances. On the contrary, he had a long record of criminal
misconduct before the murders of Sieg and Ohrberg and
numerous infractions while incarcerated.

Resnover's legal representation was reviewed numerous
times by state and federal courts which have found, without |
exception, that it satisfied all constitutional standards.

This leaves the question of clemency for mercy's stake. “I;
am always mindful of the victims, their loved ones, their right -
to justice,” the governor said. “Here, the victims’ loved ones
testified forcefully against granting clemency. William Sieg
and Jack Ohrberg have been gone for 14 years. What of
them? What courts will hear their case?”

: / oe F-1.
THE INDIANAPOLIS STAR

oe es nee res ee

cht Beek Foe en oe ower

EUGENE C. PULLIAM 1889-1975, Publisher 1944-1975

: EUGENE S. PULLIAM
' Publisher
; JOHN Lyst
— Editor
2 4

*
a

MALCOLM.W. APPLEGATE
President and General Manager

FRANK CAPERTON .

Managing Editor

Ad ae

f

a ee ee ee eee

?

A116  Wepstspay, DiCLMBER 7, 1994

NWER

TH CISCINNATEESQUIFE

Execute: Indiana to join states using death penalty

CONTINU ED FROM PAGE Al

execution.

Prosecutors blame cumbersome
appeals; other experts and death-
penalty opponents say it’s merely a
matter of time.

In Hamilton County, which has
convicted and sentenced nearly a

eg of Ohio's death row popu-
lation — 32 — the state’s unused
{death peralty is the source of great
frustration.

“Indiana law is written to have a
viable death penalty," Hamilton
County Prosecutor Joseph Deters
said. “Ohio's is an unconscionable
fraud upon its citizens, Ohio is a
laughingstock,””

Complicated appeals

The reason, say Deters and oth-
er angry prosecutors, is the ability
of defense attorneys to manipulate
a complicated appeals process.

Reform efforts that would trim
the average length of the process
from 10 to 5 years are afoot in the
legislature and in the attorney gen-
eral's and governor's offices.

In Ohio, 80 percent of the popu-
clation supports the death penalty,

i and voters passed Issue 1 in No-
vember to shorten the appeals
; Process a year to 18 months.

A growing club of states is em-
ploying the death penalty in re-
sponse to public demand to curb
crime.

Idaho executed a man in Febru-
ary, and Nebraska one in Septem-
ber — the first in those states in
decades. Wyoming resumed execu-
‘tions in 1992. Illinois has put two
men to death since 1990, and
Washington two since 1993.

Overall, states have executed
_133 people since 1990, compared
‘with 120 between 1977 and 1989.

There are now nearly 3,000 people
on death rows across the country.
; _ Ohio's appeals process is not to
, blame for the state’s absence from
* the execution logs, said Randall
Porter, director of the Ohio Death
Penalty Resource Center in Co-
lumbus. The center is a federally
j supported defense fund for convic-
+ ted killers and works in conjunction
* with the Office of the Ohio Public
' Defender.

“Ohio just got a late start,”
_ Porter said,

: Ohio did not re-enact its death
penalty statute until 1981, five
‘years after the U.S. Supreme
‘Court lifted the federal moratori-
jum and five years after states such
ias Texas, Georgia and Florida
started executing prisoners. Ohio's
first modern death penalty law was

[27

declared unconstitutional by the
U.S. Supreme Court and had to be

reworked. ;

“But Ohio has made up for lost
time,” Porter added. ‘It now has
the sixth-largest death row in the
country.”

Indiana rewrote its death-penal-
ty statute in October 1977, five
months after its state supreme
court invalidated its 1973 law.

The state’s first two inmates
executed under its modern law —
Steven Judy of Indianapolis in 1981
and William Vandiver of Hammond
four years later — surrendered
extended appeals rights.

If he is executed, Resnover will
be the first Indiana inmate to ex-
haust his full menu of appeals.

“They just got started earlier
than Ohio,” said Dale Baich, assis-
tant Ohio public defender. ‘Ohio is
on the same timetable.”

Deters insists Ohio's appeals
process is especially slow. Baich
and Porter say it fails to provide
due process to defendants in capi-
tal cases.

“There is no due process during
the second phase of appeals be-
cause the court of appeals routine-
ly confirms the decisions of the
trial courts,” Baich said.

Deters supports a reform to
require defendants to make their
two primary state appeals simulta-
neously, instead of consecutively,
which Ohio law now allows.

Hail of gunfire

At 5:30 a.m. Dec. 11, 1980,
Indianapolis police Detective Sgt.

Jack Ohrberg and five other offi-*

cers went to 3544 Oxford St. to
serve warrants on a gang that
included Resnover and his brother
Earl.

The gang had pulled off two
armed robberies that year in an
attempt to finance its goal of con-
trolling the city’s prostitution and
_ trade. Police.say the gang

its take to buy AK-47s and
other automatic weapons.

They had robbed a bank in Feb-
ruary 1980, and on Aug, 4 they got
away with $50,000 from a Brink's
Armored truck that was picking up
weekend receipts from a Kmart.

It was during that holdup, ac-
cording to court records, that
Gregory Resnover shot and killed
Brink's guard William Seig Sr.

Ohrberg had reportedly fol-
lowed several leads that tied the
Resnover gang with the two armed
robberies.

Police also suspected that Greg-
ory Resnover was the triggerman
in a second death — that of anoth-

er of his brothers, Aaron, acciden-
tally shot in the February bank
robbery.

Police records show the gang
anticipated the Dec. 11 raid and
had planned a shootout with police.

A hail of gunfire erupted the
moment Ohrberg stepped on the
porch. He was hit and fell. A gang
member — Gregory Resnover or
Tommie Smith — reportedly
stepped onto the porch and shot
Ohrberg twice at point-blank
range.

Smith is also on Indiana's death
row,

The Indiana Civil Liberties
Union, which has filed appeals on
Gregory Resnover's behalf, said
Smith fired the fatal shots into
Ohrberg’s body.

In twice denying Resnover's ap-
peals, the Indiana Supreme Court
essentially said it did not matter
who fired the final shots at Ohr-
berg: Resnover's ‘‘criminal culpa-
bility was at least equal to that of
the other men in the apartment,
one or all of whom caused Ohr-
berg’s death.”

Kentucky attitudes

The death penalty is a bigger
issue in Indiana and, even more so
in Ohio, than it is in Kentucky
because Kentucky politicians have
historically been reluctant to politi-
cize crime, said J. Robert Lilly, 2
professor of criminology at North-
ern Kentucky University.

The proof is in the death row
populations of the states: Ohio,
134; Indiana, 53; Kentucky, 29.

“There has been more shifts in
pa in Ohio and Indiana,” said

lly, a sociologist. “And when that
happens, crime becomes a bigger
issue. Kentucky also has fewer
death crimes per capita.”

Kentucky's distinct regions and
the presence of a sophisticated
anti-death penalty organization in
Frankfort also contribute to the
lack of death-penalty fervor in the
state, Lilly said. Kentucky, he said,
is several years away from execut-
ing an inmate in its electric chair.

Christo Lassiter, an assistant
professor of law at the University
of Cincinnati Law School, said he
thinks the three states that make
up the Tristate have different cul-
tural norms that play out in many
areas of public policy, including the
death penalty.

“Ohio, Hamilton County, has a
paradigm of social conservatism
that values individual responsibility
and accountability far more than
the more liberal paradigm that
takes environmental factors into

C4 CHMNATT
ZZ NAL

Resnover Ohrberg

account,”’ Lassiter said. ‘If vou kill
someone in Ohio, you are responsi-
ble for paying the price.”

Indiana is a Jaw-and-order state
in which the state supreme court
has established unprecedented
standards for tHe appointment and
payment of defense attorneys in
capital cases.

Beginning Jan. 1, 1992. indigent
defendants became entitled to the

RE R_

leval representianon of two lawyers
with experience mm death-penalty
law. Those lawyers were to re-
ceive @ slightly higher wage than
other public defenders — $70 an
hour, said Norman Lefstein, dean
of the School of Law at Indiana
University/Purduc University at
Indianapolis.

In addition to setting the stan-
dards, the Supreme Court has also
required lawyers interested in pur-
suing. capital cases to take certain
classes annually to be updated on
the law.

Despite the sateguards, ant
death penalty advocates say, Greg-
ory Resnover is being sacrificed
for political gain and to appease a
trightened, ted-up public.

Robert Hammerle, one of Res-
nover’s Indianapohs attorneys. said
wwe of the original prosecutors in
‘he case have officially: protested

the scheduled execution because 0°

“pronounced errors.”

The NAACP says Resnover is
going to be executed because he is
an African-American and because
the dead police officer was white.

Monday, Gov. Evan Bayh denied
Resnover’s request for clemency.
after meeting with his father, Bev-
erly Resnover.

Tuesday, two more judges
turned down appcals to stop the
execution, including one claiming
Indiana's death by electrocution
was cruel and unusual punishment.
The U.S. Supreme Court had no
immediate response to Ham-
merle’s appeal.

This morning, Resnover will be
moved to a special holding cell
near the electric chair. He will be
allowed to visit with his family.
And he will eat his last meal.

ESRELRGSLALG RACH R HGR eae

8.

2 $e
TE


Condemned m

Resnover asks Bayh
to watch execution

BY MARK CURNUTTE

The Cincinnati Enquirer

Gregory Resnover, scheduled
to die in Indiana’s electric chair a
minute after midnight Wednesday,
has invited the four people “in
whose name my execution will
take place” to witness his death.

Gov. Evan Bayh, who late Mon-
day denied Resnover’s request for
clemency, was the first to decline
the invitation.

_ permitted to Filme

By state law,
Resnover, 43, is ty

have 10 people
witness his exe- i
cution. He se- ie
lected six “per-
sonal to me.”
Resnover .
Was convicted (@4qumenem—ee
for the 1980 ™ ,
shooting death
of Indianapolis
police Detective Sgt. Jack Ohr-
berg. He is scheduled to die at the
Indiana State Prison, Michigan

THE CINCINNATI ENQUIRER

an defiant

City. Indiana last executed a pris-
oner, William Vandiver, in October
1985.

In a letter released over the
weekend by his lawyers, Resnover
said he wanted to fill his four
remaining slots with Bayh, Marion
County Prosecutor Jeff Modisett,
Indianapolis Mayor Stephen Gold-
smith and Attorney General Pame-
la Carter.

“Society as a whole needs to be
certain that you are convinced be-
yond doubt as to the fairness of my

(Please see EXECUTION ;
Page B4)

TUES, l2-6-94

Execution: Man invites
Bayh to watch execution

CONTINUED FROM PAGE B1

trial and my appeal,” Resnover said in the
letter, read by one of his attorneys, Robert
Hammerle. “Society as a whole needs to
be certain that you are convinced beyond
doubt that racism played no role in my
case. Show that you are that certain.”

Resnover is an African-American. Ohr-
berg, who was white, was shot and killed
when he and five other Indianapolis police
officers tried to arrest Resnover and sev-
eral other men — all.members of a
fledgling gang that wanted to control the
city’s drug and prostitution rings — in
connection with the robbery and slaying of
a Brinks security guard at a Kmart.

His lawyers argue that he did not fire
the fatal shots.

And prosecutors agree the bullets that
killed Ohrberg were not fired from Res-
nover’s weapon.

On Friday, in denying Resnover’s ap-
peal, the Indiana Supreme Court repeated

what it said when it upheld his conviction,

and sentence in 1984: Resnover’s “crimi-
nal culpability was at least equal to that of
the other men in the apartment, one or all
of whom caused Ohrberg’s death.”

. Bayh, a supporter of the death penalty,
said his decision against clemency was
required by his oath as governor to uphold
the law and the Indiana Constitution.

He met privately with Resnover’s fa-
ther, Beverly Resnover, at the Statehouse
in Indianapolis shortly before announcing
his decision.

Modisett, the Marion County prosecu-
tor, said he did not prosecute the case and
would not comment.

Goldsmith, the former Marion County
prosecutor involved in the sentencing por-
tion of the case, said he would not attend.

And, through a spokeswoman, Attorney
General Carter said she would not attend
and was convinced Resnover “‘has had due
.process and has had a fair trial.”

Hammerle said he is not surprised by
_the four refusals to attend the execution

but is “dismayed that, in the name of the

state, these four people have not yet

stopped this.”

It was Resnover’s idea to write and
invite the public officials.

The lawyer said two of the original

prosecutors in the case have contacted the

-. governor’s office and the attorney gener-

al’s office, protesting the execution be-
cause of “pronounced errors.”

One of the prosecutors, David Cook,
from 1981 through 1989 chief deputy of

the county prosecutor’s office, said that on
direct appeal of the Resnover case, the
Indiana Supreme Court misrepresented
facts presented in the trial.

“The most serious of these ... is that
the court found that Mr. Resnover’s fin-
gerprints were on the two recovered
weapons which had been fired,’’ Cook, now
in private practice, said in a letter to the
attorney general’s office. ‘“There was ab-
solutely no fingerprint evidence in this
case.”

Meanwhile, the Rev. Edwin Ducree,
chairman of the Greater Indianapolis

_ NAACP local redress committee, said

Monday that politics and race were behind
the scheduled execution.

He said errors on the trial and appellate
levels had not been examined carefully and
urged Bayh to “do the right thing’ by
“exercising his moral power.”

hd

Indiana executions loom :

By Frank Wiget

Staff Writer

ICHIGAN CITY — Two
convicted killers on death
row at the Indiana State
Prison here could be
executed sometime this
year as they exhaust all
appeals, prison officials said.

The electric chair has been used only _
twice in the last 30 years — in 1983 and

1985.
“In this state, it usually takes 12 to 14
years to go through the appeal process,”

said prison spokesman Barry Nothstine.

There are presently 49 inmates in
Michigan City sentenced to die in the
electric chair, said Paula Sites, legal
adviser for the Indiana Public Defender
Council.

Another three offenders sentenced to
death in Indiana are presently in prisons
in other states, Nothstine said.

Between 1897 and 1985, 74 convicted
killers were executed in Indiana,
Nothstine said. In the earliest years,

death was by hanging. The last hanging -

See INDIANA, E3

~
SC
By
Kn

Indiana

From Page E1

was on Feb. 8, 1907.

Electrocution became the prescribed method of execu-
tion in 1913. The first death in the electric chair was on
Feb. 20, 1914. -

Sixty-one people have been electrocuted. The most re-
cent—on Oct. 16, 1985— was William Vandiver of Ham-
mond, convicted of the dismemberment slaying of his fa-
ther-in-law, Paul Komyatti Sr., 65, of Hammond.

Vandiver took about 20 minutes to die. An investiga-
tion by prison officials didn’t show anything wrong with
the equipment before or after the Vandiver execution,
Nothstine said. “We had theories, but none proven; one
being that Vandiver was reported to be in tremendous
physical shape that kept him alive.”

andiver aiiipictiet the lengthy appeals process, has-
tening his death.

A “final holding cell” was built at the prison after the
1985 execution. Nothstine said two death row cells were

made into one by removing the dividing wall. .- - --—-

When an execution order is received from a court and
all appeals have been exhausted, the prison makes prep-
arations to carry out the sentence. Executions are sched-
uled before sunrise.

Prior to execution, the condemned man is transferred
to a holding cell next to the execution room. “There, the

SEeESES SERSE

inmate receives his final meal and is offered a visit froma
spiritual adviser,” Nothstine said.

“The condemned man never sees the electric chair pri-
or to execution,” Nothstine said.

The popes administration several months ago went
through the process to select an execution team that was
been undergoing training for the next execution, Noth-
stine said. - a

State Public Defender Susan Carpenter said two men

are at the final stages of appeals and could be executed .

sometime this year. They are Gregory Resnover, who
was sentenced to death on July 23, 1981, in Marion Coun-
ty (Indianapolis), and Thomas Schiro, who was-sen-
tenced Oct. 2, 1981, in Vanderburg County (Evansville).
Other inmates currently on death row were sentenced
to die between Sept. 14, 1979, and Feb. 17, 1994. Se
Deborah D. Brown, 31, is the only woman under a
death sentence in Indiana. ue
Brown and Alton Coleman, 38, both of Wauk an, Ill,
were sentenced to death in 1986 for the murder of Tamika
Turks, 7, of Gary. Brown is in an Ohio prison. They beat

and strangled the girl and molested her then 11-year-old ;
of mur. |

aunt in a wood&d area. They both were convic
ders in Illinois and Ohio. :

The Indiana General Assembly passed legislation ef-
fective July 1, 1993, allowing courts the option of impos-
ing a sentence of life without parole as an option to the
death sentence, Sites said. ;

s

*

Issue #6, Vol. I

October 1994

lt TLL ee

(LE NOW Is THE TIME TO ACT TO SAVE AN INNOCENT MAN ~&s})

On December 11, 1980, a pre-dawn raid on the home of Gregory Resnover (aka Ajamu Nassor) left one wounded and one dead man.

were there.

Due to legal incompetence, collusion, or any of the shenanigans to which poor, black defendants are Subjected in court, Ajamu and
Ziyon were condemned to be executed for the death of the officer. The evidence that would have absolved them of any wrongdoing
was either suppressed, ignored, or overlooked by parties bent on malice and revenge. When the evidence was presented at later appeals,
it was ruled inadmissible, since under Indiana law any evidence which was obtainable by using due diligence before the Original trial
cannot be used a later date. The courts could not care less that two innocent men are being railroaded and sent to the electric chair.

Since we featured Ajamu’s story in our June 1994 issue, some of our readers (like Mr. Jacques whose letter is published immediately
following) have attempted to intercede on Ajamu’s behalf. One hopes that blacks, who are always pontificating to whites about how
much they care about their “brothers,” have attempted and will attempt to do something on behalf of a man who fifteen years ago was
politically active in trying to improve the lot of blacks in general. The problem is that, since Ajamu’s plight has not caught the national

itself with anything else. Ajamu is much more worthy of that concern, because through it all, he has remained proud of his race and
heritage--which is something that cannot be said about Simpson. Never fear; he will not be executed. Ajamu will--if you allow it.

That leaves human rights organizations like Amnesty International; but since Ajamu’s execution date has been scheduled for December
8th, it may be assumed (with apologies if one is wrong) that his case has not merited their attention. Recent news indicate, however,
that Amnesty International officials returning from Haitian camps in Guantanamo Bay, Cuba, are Overly concerned about the lack of
phones and distribution of independent newspapers which keep Haitian refugees “starved” for information about what is going on in
Haiti. Perhaps, but the Haitians in Guantanamo are safe, well-fed, and alive. Ajamu is on the verge of being killed, and it would seem
that Amnesty International has its priorities mixed.

That leaves you, the reader, the abolitionist, the concerned and moral human being for whom the killing of a man--and an innocent one
at that--is the most reprehensible and abominable offense. What Ajamu wants, and has a right to, is another day in court where the
evidence that exhonerates him can be introduced and accepted. The State of Indiana could grant this and regain the moral stature it
compromised--if not lost--fourteen years ago. Chances are that it will not; but if the Gary Graham case in Texas is an example, public
Outcry and media exposure can tip the scales on Ajamu’s behalf so that an indefinite stay of execution can be granted.

A section of Indiana’s death row has been cleared and Ajamu placed there to minimize further contact with other prisoners. In fact,
guards tell prisoners not to talk to Ajamu; and whether this shameful and inhuman policy will be enforced with subtle acts of repression
is anybody’s guess. Prior to this, Ajamu’s brother, Kondo Nassor, who wrote the June article on Ajamu’s behalf, was transferred out of
Indiana State Prison to a new Super-Max Control Complex in Carlisle, Indiana, where, as Ajamu has written, “he is forced to wear chains

prisoners at Indiana State Prison, steps were taken to defuse a potentially explosive situation. So Kondo was transferred out, and Ajamu
isolated, before the execution date was announced.

NOW IS THE TIME TO DO SOMETHING FOR AJAMU! Do not insult his memory by waiting for December 8th to hold a candle
vigil outside Indiana State Prison while the switch is being thrown on him. YOU who clamor for the right to life, here is your chance
to suit your beliefs to deeds that will accomplish something definite. Write to your congressmen, and encourage your friends and
congregations to do the same. Above all, write to the Governor of Indiana at the following address:

GOVERNOR EVAN BAYH, 100 N. STATE AVENUE, INDIANAPOLIS, IN 46204

For further information, or just to show him your concern and Support, write Ajamu at:

AJAMU NASSOR #4168, P.O. BOX 41, MICHIGAN CITY, IN 46360-0041

human beings (Matthew 25:34-40). So we charge you now, all those who profess to love and believe in him:
PROVE YOUR LOVE FOR CHRIST BY RESCUING AJAMU FROM DEATH.

ee a a a a a

Byte et.

a. patina nentiinammen ttn dtniementsnecsnit amnansmetecales=: Leet ket e

John Rinkard, an Oid Fruit.Peddler, Giiy
co. sof the Crazy Act .ge2 Aa

THE FIRST SHOT THROUGH. THE KITCHEN

nme : : oon .

. ig ‘ , : Lt

Then Enters the House and a Death Struggle Fallows—

‘
*

Seven Shots Fired—Woman Dies Insiantly—

Murderer May Recover, :

ae’

; zi , 5 ’ — & ake : : ‘
Tide eT, TRAE Y of some otaer UR- i cxcitemest for «tice

ing. After he bad:reeorered fue

‘ : ae on ae Fe
Gt7A TE CMe? EsCereseysteneh sh dite Kink-

EAN rat

this the tirst shota-were Gres as ies,

im * aze? ites atiei % st PEt

| ‘macif with auieidal igoytemanet ie he
veiver upon bimseif with awietdal ine

- *

% © eheoet
eee et,

*

inte the sitting rac adjoaning
he coakd plainly ser ber, Bink

i
i
ettta living in the |

ja terhond of tiny resitdruge of Lette t lowed fer nid grahiiig her’ oy
ated Poeler at = 104 South Gallatin throat cheked her and. al uve
wt : i +

* ¥ «
3 ; i ryt t . * Be ne ees fe
ae Peaiiv- singer] ature | ORO iwery then = iragriedd - tte


lice
‘ hoite
tial
tral
geal

ic*snm

‘0;

‘He

wey
atate-
vey far

e opresi-

and to murder bis wil rd turn a re-

velyer uper. imal f ese BMieidal ine

tent, The residents living in’ the

teighborhoomd of the residepae of Lem-

ucl Povler at 2104 South Gallatin

+

0.50 o’elock this morning to hear
shota coming from the residence, 4.

jet eee

When they entered, thier hotise ‘a few
moments later they were horrified: to
see Mra. Rinkard ‘lying. AC Tus _the
ee with the blood atre aming ‘trois
her nowtrits and her xray haired huss
band lying beside her, face icwnwanl,
with the blood Rowing from a bullet |
hole ia hig owes bali Mrs. Rink:
irdl was dend, and it wna ovident thet

the husband had wounded himset f fa-

~

™

tally.
Delbert Terner’s Sigtemest.
Delbert

Ciallatim street,

Turner, living at. 2119" s.
was the first to reach
the house after the first shots .werg

sate pigs eg Se |

f throat choked her and fired tyes -bat=

stroet,. were preathy- alarmed about.

“Aina its exit througir thet Strat “i ah “ bk cit

iherethe Qrsimahots heirs BONE Ke atime. 43
Rinkind hrihe kia She ‘Tierra
inte the sitting room adjouning whore

he couk! plainly see her Hinkart To:
| owed-her and grahbiiag

i

“her bs

incro. «They then aria): ab ints ‘te
bed rvem,: bated

Deats Isstastaccons,
‘Dr AL TH. Combs was: ena treet this <
nician fo arrive at the Pooler home
Heo examined Mra. Rinkard and sax
that death had been - pecs
from a shot thegaych the heart,
had also been shot: through. the
hanes hie EOE BET Nisa TS Te
taken effect in the kitehen: for ther.

.

we. DRE ce
Tasos ates
a AGE

was blood on the ironing able and en
the fleor, Phe wound or ie ifkawl sac
examined, One ball had-is te

it entered the right YO shi i, ae ia
most xatraight through-ile he nf

+

Tie bones of the nose oe thax. he:
af thenpratin were ahatteted,. ff
Dr, Combals opinion that |

lies, but mixh tsurvive i

he ¥ thik
ie ef us a Like 47.

eo ty Fcited Croadso

" « . i} fe +} $a mt
"Fi tireds He states that he heard threg “Shortlwaftor the ain verti hes a Ree apa
mere] hort intervals, and haslon | Wed with poopie gid iewsiros 1
Poh = = wats at 8 ort Int< rva Sy ane RS ii- men, womne r and: : histres oF bie wil . Tu} *
— afin 19 the house saw Rinkard strua-| the horrible silt presents Lats LS ay LEE
ae i i rth his wife whd was tr +1 2 hagebatpiiers | hier vires iesgere Vac.
i + 8g "f & : 4 §
iy this} * ine-with in , y was trying wus removed from tho bed fs the
-oftiree herself from his grasp. He bad fF feet Mire, itkkamie bexiy
ee i? 1 - s+ : : Plime vtie if sgt Sapte
A CCTUNY yy revolver in his hand. Ray Peeler an i°°"™ ‘chee 7
= MunNierous r - =
se ny} Tair taj ine eee ttt 4 |
: 4 invalid if-year-ojd DOY Was in a chair bpartiy aerosa the bead, \ a§ 2
Salle mel w reackine thet fy :
_ ‘in the front room and was in danger! fea Tie fae}
TeC*e*e*taF | t ti ae te 2
eo-iet dbetg shot. Turner picked hing! int Rianic 7
ft- a nal 7 $ wg 5

ake thet

i Wis H

;
i
poorer!
}

ideney,

iliving one doot zouth.

up and carried hime to a neighbes's,
As he’ ran with |
the bey in his arms“he heard other]

shots fired,

te

He returned to the house |

ithe

eer g

ance ‘a the. Afarion b ake
wa Saving the Invalid aad the Caildres. <2
id Lemuel ne in whose | Reine tes

age Pree

S932 Lik,

elesrtiniee. # Pg foyer


factory clove Got

od
sol

: wet ene
dred mer Wey

wf

eenererencteme saree geimntirieseteinceminarmnnnonnnes Hanes

it ‘, 5. DAW m. | \
oe e Tee

an i ‘k Lo

(Continued from Firat Page.) «

ait her husbarid and the other chil-
dren, Frank Peeler and Mrs, Rink-
ard, had to move their mothor, Mrs. a
Samuel. Peeler, from the Rinkard will he
home three days before sho died owF] ga
ing to the objections of Rinkard and
his abuse to Mra, Rinkard, She atated
that Mrs, Rinknrd was 50 years ole
last April and that her husband “was
10 years her senior. It_was tlio only
marriage for each but they had never
lived happily together, and for the
past several yeara quarrels had been
frequent. They have twa sons ‘iv?
‘ug, Samuel,.who. works at, the prosss
ed: brick works-south of the etty nite
William, who works for the Standard |
‘Oi Company and whose address is
nt present unknown, — Mrs, Lamuel
Peeler says when the, latter left the | a
city two weeks ago he stated that he }--F
‘did not eare to give his addresa for] &
the reason that he did not want his
father to know where he would be. Te
<aid that he would return to the city
next week, One sone Fdward, died.
about four weeks ago. -

“eGolng to the Bose Yard.”

Jolin Benedict saw and talked with
John Rinkard only a few minutes be-
fore be committed the deed. Rink-
ard eame, from towards. the city and
in nainting a house two doora north
of Lemuel Peeler's, THe walked up
Ton the porelrand remarked abont the
good work thatawvns being done. Bene
Met knew Rinkard well and asked him
what he hath done with his horse ahd,
wagon. He stated that be had’ sold
the horse a few days ago. “What are
Pyout going Ja do now ” asked, Ryne-
dicts “Oh, bam going to the bone
yard,” ws the prophetic answer. Ben-
‘odiet states that Rinkard talked .ra-
opt tionak nih secruesd, tebe in exception-
as Allysgued cpartte fos Ҥ
for Mase rath Peitor: nti. that somes |
gy | nie had: been prowling about) their
“vat.| premises for the past three nights
ro). | She thinks that it must have hoot |
Hor | Rinkards = ht isatated that M ne RinkeT”
eis patel had had ne conference with her
Aclit husband sinee she left home one week |
ped | MRO last Monday, and that he had
never called at the house to see her,
nithough he had passed frequently.
nf a,

* "9

rint.
near


SSO iy sc «. ‘ i : ; Mae: :
Yer fic iec une Tavaland is ©

ideney, (lets fired. He returned to the house Mre Lemuel Pooler, in whee heise

. j } froeed or erty j°:.* Rf yi het
oe wid on entering found M r. ond M “4. the dou! ble: trae: dy OPGurpet. NUR
that she was acrosa the alr ff

Pras te PF eee py

mr poe} Rinkard on the bed in the south room home of Farhan Pooler wlan dhe ape
rf . ‘ ° ° . » & , gta fis jhe
veepted just off the sit ting room, mm whieh ny 19 oie Wise d. She he vie wh § f Parte
© since ; . fired end ran porasa tha Stree n hope,
is they were first seen strugwling., Mrs, What hed happenod Canitets hae the |
Rinkard was appare ntly dead. She |iinute she reached the He Nid tat
MMI Rinkurd “etrugeling ta deere |

P was covered with blood, Rinkard lay

wif’. jTer first thapehet was tar eye
uc anid | beside her breathing, but apparently | her children, ‘She tried ts) "

ina stupor, He did not utter a word | Hivelid Loy through tho. widen

5

the front room{-bué fasted jie bh
say ajvafter Mr, Turner entered the house, Thon Delbere Tinie oi sii Wivel “vas

i doe Eye Witnesses, ss ried him out of the diouse while whe a's

bation mene. 9 Rinkserd * was at tho home at gathered up the twa: croune 7 bbb. 4,

ree her brother Le ante Ten ler, when tho) oy, eee cay the, ri : ak ,

chee shooting oceurred. She had left her MCAT CRY Fenlizing, what had | ahd Te ts |

pte TF iis Mine - k aaa _Victhi Me = eg ee
iusband. Mrs. Lemnel- Peeler ‘and Mrs. Pooler statod-that Alia | sacs

: pretty
M1 shatt

¥ ocean

Mrs. Frank Px cle ‘tr, who lives. at 2108

TGnkard, the wifo of Jolie Vite),
South Gallatin street,’ were across the jd «deft her home. at ie iepihe ung
jstreet from the residence in. whic | elhy, “amd Thirty-fifeh faa
L188] the shootin oceurred, The only per- | Y° ek aga last Monday, She enn rte
e I to the residence of Frn uke Br oi: hast a
brother, at 2108 South’! RUIN SEROUS a
were witnesses to the shooting were | where her mother lay ill, “eh Tita ag
. . ‘ *e i. a :
Ray Peeler, the invalid boy, Sarah Mrs, Sarah Peeler, died 0; aoe
ce aged 7, and Ellen Poeler, aged | Cf last week and: the parle glide i:
r are iM 1_Mines I r shipped to Dunkirk, 0, for Literqienlk
ie 4 © CHLIGTOR oO re and— A2mnuve Mrs. Rinkard went te th) yt ee aie
+ | ' oder, * Bt ds remarkable that they ter ena Peclaé s at Hod Hath
TEN weve holt struck by: ‘some of* the bul- OQabatin street after the deseo! ligt
areful | jots, - mother, Shes sald«that whe 66)
Shot From the Outside, never return ta her ows boi.
‘ 7 oye . . : > } 1; Sa rey , .
Fa leged Phe first shot fired by Rinkard was | avon that her hiteshad ave OE aa
oer mand Step 4] f : | of t} : } il li ly deate nN her, She Rg SRIRR: Wats 4 ae Re at
i : re re OUEST Mt RETICAL TA taka: up her * residence wit Pe ae Peek
through the north kiteben window nt | Povler oh account” aide ciety
Mrs. Rinkard, who was ironing im thet ig an “invalid BOD, rh Geniod te A
hin kitchen. Tho was seen to fire the shot] aereeable “and, she was
Hinploy hy Mrs. Willian Tudor, living throe the word. “p eal
Mrs, Lenypuel Pe ert au
had been away from ‘fh si
short time after the rhooting oceurred ininutes when noises bia? es ¢ 1 {divs
mn tof that Rinkdrd approached the window | ime’ . ‘short per st Aye 3
Phil fund, apparently without. saying a home Mra. Rinkie feriay hie
Yo soe folis par «Ae re 4 ;

ek On feeviving a rept ie Woe kane pea rae
fue Yi to the baek door and entered: the | she anid: SU dE, it adh goaded ret
vere ? ;

ony | Hetse. Then she heard the other shots like a fier id: * She the, ay
tired. Hor Little 4-year-old boy. was dec ai Fie with Bins
wed | playini¢ With the Peeler. children and ten Leelee. A re vee
Soar ws ton hi eS,

it * that)
oan

SONS who were in the house and who
4

offer

would

Al sent

doors’ north, Mrs. ‘Tudor stated a

werd, fired at his wife. Ife then ran

?

she ran fo eave fhe ehild, - vies Sd
Overcome by celled } ‘

May Peeler saa. ists by. os) Ar


HOD
Jou.
. a
fae uly
fart

this

tes”

Good Worker,

John Groen stated that Rin'card
had werked for him while he was in
the dairy mg business for three yea
lie was a good worker and so far as
Mr. Green knes whe was not a slave to
the Tiquor habit. Tle was very much
astonished when he Jearned of what
had happened,

Mrs. Moore, colored, who lives one
door north of Lamvel Peeler's, said
that she whtressed the first shot, whieh
wie fired through the Aitehen win-
daw,

ear

hendquarters shortly attor the tragedy
ocecurred, Patrolmen Ceoorge and [Ells-
ton were detatled on the ease and hax-
tened toe the Peeler home. They took
possession of the two revolvers with
which Rinkard had done the shogt-,
ing. ‘They had been pickedayp by! Del-
‘bert Turner, who was the first mar
toenter the house, One waa lying on
the floor of the’ sitting room,

It was an American Bull dog wil th}
short barrel and of 38 calibe rm it a0
chembers t contained emipthy contér fire
ahells and it gs evident that Thatkard:
fred all of these befare drawing the
second revolver, which wis-found ou
the floor of the bedroom. Tt was of.
the American bulldog orke, but of 32.
caliber. ‘Two shots had’ hoe ‘1 fired
from this revolver, making seven in
all. ot was thought by the. petive,
that Riakird had arsed the second re-
volye ‘room himself,

‘Was a Fruit Peddler.

John Tinkerd was probably better
Known as a fruit peddler dhout. town
‘Juan any other way. dfe peddTed fruit
on Rone horse wagon in Marion a
minuber of years and is well knewn to
the alder residents, Th was arrested
i short time age by Patrolman John
Golding wud was fined in the MAYOR r
ourt for intoxieation,

- Been Actlog Queerly.

Roth motermen and conduetors of
the) Marion ‘Transit: Compiuny’s line
fate that they have been attracted by

few days, On pista the residence
af Frank aud Lenuel Pegler he would
rouch-or lay down in the eipoae Unat
he conte nat be xeon from the out:
Jide, Motorman Charles Tleslet says
that for three haurs Thursday be ob-
served Kinkard when he “would pass
with bid ear at the crossing of the
Panhandle railroad on Gallatin street,
He econ “To be watching | the: Car

Vand itis now. w thought that he wanted

to

Jolin Benediet tele sphoned to poles +

Rinkerd’s strange netions the past}
]

are)

bare. asa spent: kesy. hte str soe detrei aifises
senha ith high a okt

ivd Mrs, hn \; ard rey theo erp iy
shoei her, 5 riday he watelod Uh eds.
of the Marion Traosit: company fos

somctine at the corn Washing
tou and Fourth streets, Telard Wiis
xeon down towir this mierning, fa
did not appear to -be intosis ate i, nn
was apparently in tah eos
RAE May Mees y cr,

At ihe hoapital a more complete ie
Vostigetion- was mada owl Hinkel s
wound: It waa determine’) that. ¢
ball entered the right: loaple.
came out just above tho lofi

was not detertnined thit Hie ball he
ente “red or injured tig hey ii and (he
physicians state that {here tis a phoney
for Rinkard’s reeavery, tle had net
regained CONnBETOUNIKG 18 ‘nl @ o'@lock

. Coroner Views i ody

a

®

ea
te

Oye

tik
1
lf

Coroner Whitson vie bet froin
Joneshora and +lowed: the body. of

hold an inquest before Monday, The
body was- removed eto cthy | vind eth
“tng-establishment of Dirge & Fitz

gerald at noom An fave atigeationy
shawod. that four shota took effech tu
her body. Two of them wert net half
an ineh ‘apart aud? beth mag have
passed through the heart, | Atiothor
penetrated the right bate pd one.
ehot passed through dle Uhainb of heer

left hand. The indications nec: that
the shet that wenk)) thronudh . the
thumb was inflicted while Mra, Rink.
Tard wae, jroning and wae Use fret hot

fired, Vheraver sho hind. placed hes
hand in the kitehen or sh tting roti
there wis Ihe. The « eorante r will

hold the postmortem okie iyition on
the body this evening, after whith the
body will be embalmed and retrertttedk
to the home of Brouk Pooler,

, Cause Not Fully Deterintnsd,

“Littadhas developed ae“ta the eqtne
af the shooting ather that rege
prodyeed in’ Tivkard Hy lise wife's
refurdal to Hive with hte, dorfrer, after
almost i life of tranble nil yorere di,

a: Qaick Relief fir Ath nts
i
Misa: Maude  Wiekens,
Kans, writes: “DL suffered eto
with asthina in (Waaveret for
saveral. pitarduatean yr
hand: wis be CX per
thet. . Denil
HONEY ANI
failed to gg
Evans

vem ony

ssi

Mrs, Rinkard. Ta will pie fably mitt

ent

ianse
anid :

Si }


qviu
am ft '

tec acne tea fr

Heondnuetod oat the undertaking tube dado

lishment of Digus & bityerild Sat. | two
urday evening by dr. JF. Ws Whitson; | ins ha i
coroner, Dro, Dy MeKay and Dr, A. the ‘ ri
K. Powell, Four shots from a 8s enli- fecivagg
bre revolver had taken effeet, One | free! Lae
entered the Hea. part of the palm of | crnoiieag

ra @i the left hand and emerged from the | pasa
rior val- BR} back of the hand between the bones forwy
eo double fot the thumb and forefinger. "Tho evi- | Uniti

is Gi] dence indicates that this was the first | acti
qn retired B|chot which was fired at Mrs. Rinkard | forw

yh offour
couple

rechange Hy while she was ironing in the kitehen. | statal Tinkara las be Vn carey ing a policy Pe
Aid not be- FL Another bullet firod from behind the | finn] igs Meme row [in the Prudential paeaes na i
roserviee, By vietim, centered below the left shoul, | will me Boltyin| ty for the past six years, : pk pay:
-e Mier blade and passed throngh the} tion ments he would recCave aft the pres.
the boys § i reas img ee eee | . ey Atea, Rinkard had taken
a "oh 1. ‘hest cavity. This bullet was found | and figs ont time #08) Atea Rank xi wine
es ths j ® + ew de é e ‘ . +4 ’ it} ybn
— My lodged. just beneath the skin under} expe ef cut insurance but sis moitt 8 ile:
’ Suits for ¢ ‘he mht arm. A third bullet passed extry i j The reo ois sow chete: har relatives SGN,

Shotld Rinkard survives and aceord~

$2, $2.50, By through the chest above anda little tines i!
| figs ta the usvdl methods of paying

Ajo the right of the heart, eanerging at] meng
4 to 1S Biche back, The. fatal shot, although | nivall

isuranec, he world: be entitled (o the
yand #1, Ai}oither of the two foregoing might] M Pag} PStanee ot) Mars, Loe iter
i | Bthave preduced death, passed through jail | However, AJB, Hull, vn of ie peed
ery Ri the front walls of the ehéat and ent] steal : managers of the Prudential, states
¥ ee ' | wre ve} ding nip ‘gay he would nef pay the money. tof
ow Ne Ne the norta, the daige vein leading from | plier that he wer why

- + z bee ” Ate. -. , Weg fy hw - ; a or ‘7 * re . | .
Hi the heart. “This bullet’ was: found | rost § Rinkard even Tf ordered) te de> Ka’ by

* vet 4 ee. i 4 Py iy pak be a) vit . mm ‘ ve > Ve +g vf % «) ny.

lodged-in thé cheat bavltipyt ccs Ri kd dt thes: Ba the tend officers af the courpa

The nextriortem aoeounites for foun} | Handculfed. |
f the five shots from the38 galiber mm Kor fear that Riakard might ere
revolver, the other shot missed Mts q Pohecome aminnnigedble oat the

gee te TSO e ae ter aitied Teeeernyes ten ,

Rinkard and struck the polo suoport-| MC iis hospital Patrolnia TE. do Maller: was},
ing the portieres pctween Tes i pulled ia to ie te handout ey int ah
POO sine Ww Tront Troon), Cropper 4 Saf uredins noah. iD yor, oo mane
ou the feet of Ray Peeler, the invalid |. - ok Gh, signs of reviving. 4 6

boy who was in the front room, and | ) . Wanted Peace Bord,

wis there found after the exeitement | Ere
‘had subsided. Coroner Whitson also | ton
found the bullet which is supposed to | inek

Krank Peale ro heether of Ahe ouer-

dered wort, sprobe ae ferinys mf cen

; . * ‘a ] cpa bees roth ot}iehita 4 ‘i te relay. , He
have passed through Rinkard’s head, | teed Atl i e weld that a peder ware
It was picked up on the floor of the | wag } aa bse het at montast Phakwrd whey
bed reom.and was of 32 calibre and tel a oe pore . oat tr yarctaatcrne
hot neha ee ne ae eth si he i a their another Grom hia house,

‘Pholt-the-inqrest atthe otticeof-Prose—_lo( fama ope [ese their mother Gor Wie het

bp a ae . ror This w hout May 28, but peterdyan
inhepeiu er ee ee ae att: fan protanily Seas Slats Bie
. : nea 2 02 > " A , : atid yt ath ; . » * ~~ %
OOTTD IDR NG ng nt 1 18] Clore ice ‘ i F ba Peeler wate . thy tf yi 8 his. abeet 1

AY ® ‘ a i ; +¢ *
Crime Was Premeditated, ‘ inv i Bed Sh tr swear for asi wihieaawit for R hiner

‘ 4 e Wy aa ‘ "4 . bs, ;

j i % ane feeling: sure that Wentekaie
Further exidence of the eqol ealeu- feo bond, and. feelings su

could give nour, he would have te he
lin stnted that be
aC. Same ay

lution of the murder en. the part of] elf
Rinkard is shown by the ‘inquiry | oa§
which he made a few hours before the m
murder concerning insurance which | ap
Theat M rs: Rinkard-eact-earried Atty ee
about S$ o'¢lock Saturday «morning | st
he approuched: (’. ¥. Dilla, an agent] ar oi ‘: kay rhe Mee ae a hha Nb ees
ssa ff the Prudential Life. « Ynsurance 1) Pe seat dene ean sel, Si baNe OAR errokdt He ee a
.
|
|

placed -in jail.

a Ptange | Company at Washington and Thir-| [,
% . 39] Heth streets, and asked him if his in-| ¢)
surance andethat. ‘of Mre- Rinkard | «il
: them: | was paid up. He was informed. that] pale
id ue the payments were satisfactory” andy wi
mi TV ihat cach wasn good standing with}

ffects | the company. “He remarked that. if

pe

ome? Sc} they were not he was ready to pay up
ae 5 79¢ thes reds ye “4 . Pes peaaeie fr wl
- ‘fT

‘puityane: 4 %, , ‘ i


all . ; e*} ‘ Ss Mace hs

’ Laer tyyti PoP earher | teal, while DOTNET DP geape
: : , or
pe i , questioned. that Rinkard was the! for
‘ Z (Gor F > eunse of ane of Ni ons deay ing homie wells
j )) {1 fs , Tery Vey. peceay \§ hile 1} ey Wore Thy
, ‘ Ad » A?
Bien nincitn ( | a pit . UV tdy * Tred., ;

. Pe ‘ i .
vt ree MOV TOUT, Rinkarc! give
Btruek fits dwn : Troase, then fifteen Com!

ee Mears old, With a owreneh. o ‘The bay new >

OMT yn = 4 AT Prana TAN awa opal wor t to the home off tine 4

Tibia ie Bea he Sie Tawinel Pouler at Findlay, O., where broug

MUU bay : ae 4 he stand wo fey months rod then dp- and {i
G3 wh i¢ mn Toowneld ; ;

rs xs ‘ appeared, mad haw: anee uever been {rive 3

| v heard from. Ptis sti “Pthat Rinkard | andy

eet that die would dome revs VEO ONT other
this hoy fer leaving home if he had). wy
fo dake itoat din mothers PrUVe, hewn
Other Witnesses whe were esoumined as pat
Were: Ora Whitnker oof toy South the
Crallatin street, Normiutn -, Miboes! york
Dora Turner and Us the rt Porner, dition |
Corot por Wihitane wit” P reacarerng erg’ raffiftl)

~ ey me: , es ee a pre - - ° “ ite a fi
WITNESSES EXAMINED IR RINKARD 7.7482
MURDER CASE, = { Monday’ gf,

socintion

deraduatinbs
Hehtful

.

sis gel " : vs bs At ba! e ' ' ‘ .
: ‘ Riokard Has Al whictr wif ill M 4 ay Eel hye Wye ro cole tnatde
OR A ea ee ee ie ——-- i Pender mare Nek fhe mensure ents t
ways Been Abuslye—Practiced at ani of wf the howyse Diepmatery: fr makin -AT i
is ag gti nomap oof the ground werk, Ploy alse
Target Shooting. co . ( or ft fomik the 1 \ jelenge og f thee MM ppled bos Petitions

ee BS ey

AROSE a ho atiees res} lin / whe hits Tern oe ae a Myce the ;

~. Coroner Whitson _condueted the in- ink ola ‘4 Hies kan, r “7 , } pee i
vest. relative ta the death of Mrs. } into the & shes iy " aie present adifforeas An }
Laurn Rinknrd at the office of Prose. ug aud} Seman nétiard’ i tukes dis jn- | celenred
eutor Amsden vesterduy afternoon, the pre, valid Beet Hiestis jatl lok
Pome additional information as to the JF.) Migaiitonts of Mii vitintty of Thites: Walle
manner in whieh Rinkard had. treat- The‘) fifth and , see krete Rtas tha! | babeak

al his Wife Wars obtained, Frank large c
DEAR. BRT HE The deena ee
Wotan, stated that Rinkard's eruel truster,
treatinent of Mrs. Rinkard had cover} fopson

Riukand had beer seen at Mitcet prne- nttors i
tree with a revolver nea Nis heme for Nes
Keveral days preeeding he shooting, | Pues bi
Quo the nerniug previews to. the |eourt t

ky

ux 7 period of thirty Nears, or all of prograr shooting it ws said at he wee seep fot ow P
their married life.” He stated that! Piano In his back sard throwing oe volver | not 1) ie
b when Rinkard moved. to this city Mrs, J up te his dread scifi corfemmphited | te (ig
4 from Southern Midiana about nine} — firtmg it inte bis brain. The Kew tof fo is iy
a Veurs nga dye (Ponler) terle] lian that Essny, thre Rinkrard beeverye 4 rrisebtrap, The are pee
7 i laped this domostie trouble would [ype Peak Hivkard got ute the Tones oxo
cease. Hl was Rinkard's replytthat he Rend: And beathiped: < nine pipers They | Cenafii®
wound out off his right arm before he| peel fuiled to tind the decd tothe property | ligt
7 Would case any more trouble, But Rand: but it iM: said ty be a joint deed, | Of ha
a the trouble did not ecase, for within ve } which: being Po the pcopert ss peeepie trate ime
a Jess sthan six months ~Pealer heard | 4 Pro to Rinkard. The sons have meg been | clief bf
that Rinkard had beaten his sister, . d tar see their father. Foret arsed Peed of the nila, 5
Rinkardd Wes arrested) seven Venra erat i} hospital Moonedias EVODEME fry Trrrnire extrac
mea for wife beating, Frank Pealer saat , about papers he udelft lave on bys Bre
i Heard of the arrest, atid also dheard | LOWE person, for sd
? that Rinkard acensed him with being | Cele He Attend thine Lhe. eityeinn of haben!
the eause of the trouble. He hastened the DonkirkO:, are vers much Faoensed | aeraig
aS, te the inaver’s offies, which was then ed te over her eceuronis ft Ronkerd kite; of in|
P WwW this eourt house basement, fo seed. Iya his wife, : 48 guilty.
a Rinkared nbont three report. Tle met The coroner penavedes Tater ftpye tree aD Posts, f
be im before lye reached the office aut the case todas as fol! om
ETE RE harrsestepsmt—tohit- ta “I tind that Mrs. | mira Rinkard ins,
Ee What he had heard, “You hada pe a eanic, th her death as oh reo af py a
: tes do with it,” wis Rinkard’s Te- butli¢ wep Ahrene th hor heft che t.|
" " .Jeadery Pealer said that they would penetrating the nsemnding: derta aed
heave settled the “natter right there right nuriele of the Nort. they a De
q Nines Not the police interfered, After pla being fired from ono orocolver ta the
‘ thir peeurrenee they did nat. speals ae ot Johu: Rinkard, and DP recem.
2 wets] theus toveur pro, Bs rie tie that the saiel Hoban Kinkos Ady
i Lemoacl Penler stated, while being held to answer to the next eran jury
4 Mtestioned, that Rinkard was the ‘ ef the Grant. cireuit court to) the
tee

ebeeinetiiaeimmettienie

® e oe ee
| EXPRESSES NO REGRET POR Is ae
2: ene +
a _ MORDEROUS peExp, etiats
j ue Bred
' | LOS pi acme
es ‘ proba
Uae DOGS a ; ‘ eee " Date Ale gis
RSC BS Ftc in Pest Mortem on Mrs, Rinkard’s Body: ‘ment 7
"rag. toate dias ue ; ai AR J poate
— Insurance Inqulred About Bofors. . "i sane
Ln a ea aa peer re -, Pet Ai Ecos mn ie ee Man ba
the Marder Was ommitted, .. Soak the hands th WROTE
& HOT lather of Cr re
* ofective skin purifslag goa, ‘4
4 and sweetest for toilet sided

. ys oP a se . Dry, anoint freely with CHUMICURA Oblates: F
John Rinkard, who murdered his “thé perene akta cure And purest of emeli ra rraiaiaed
wife at the home of her brother, Laém- piearold loves during night, Por farehanda, the W tgaeiy
: : ti 4) ‘ : c MATTOS 4 PARE SU hiaye » ay.
d Poole OH Sottth Gellatinatreot.| ondes this oma tohew evens de wurvdertete | UY S!

Saturday /morning?regain cd CUI] ——~Raatiaseithou he world, Pavewi ty INDO tip, fib Mae

. . ‘ * ; Mi «« Beaten, hee mei MEL * fre ;
“clousness at the city hospital Satur-| ctres® vandhal dts NEN FE,
day eveninge. THe has sinee been con: oes LORRI

cious, and shows signs of improve: know: Rinkard had a revolver in the | bank
ment. “It ig stated that the chances house and feared for his a} tors life, | he p
for his recovery are very favorable, Faneral of Mra, Hivkerd, othe
j ’ ’ ; » \" ~ * ak, ry i t} u a
_ When questioned by those attend _. The funeralot Mrs, Laten Rinkard] 6
tg him he said that he intended to oecurred today at 10 velock a. bi. at jerveremeren
kill his wife ound then kill himself, the home of Frank Pealer, 2408 South
When naked it he wag sorry, for. his Gallatin Street, conducted by the Hay,
aetion hea said, “W wit until I seq, Runkle of the Grave MF. chtirel
’ yi . Xa % af Ue hi Sgt Ig. ‘ ibe hie she
a a ee wo of which therdecersed wav » mewiber,
eben . ad © } t ar . an oe : vere Bay '
hit ha BE if he tecovers: he| wisted “by the Rev  M. Mahan of
3 ah desea chic \ te? Rink South Marion, “Tt awnea largetyr attends
sat Nor’ in this state.” Rinkan Gd.) Phoctiterment took plate int the

only talks when questioned, and seem» FO: OF" Cassatnns
to tuke the situation as it matter of at ,

t : 7% 4) Course, my : ccm = wivsntnonib:shoar
cerned: tor sy BL The left eve of Rinkrad, the siwhth—a- of : :
WV Fi if whieh was destroyed “by the ball Rictra/ lid Miia abd BY PND S ley
og ye Which passed through his head was Wee SON Bsc : |

oe: removed Saturday afternoon, The BO ncn
sty lit ofthe othor-oyo- Was Ret We fern crs Whi see iae
paired by the wound, Th oes ae

The postmortem examination of [arres BR
the bodycof Mrsvd mre Linkard-was+ Vall Nip Cae | tae
j conducted nt the undertaking estab- | Cans Tae AB ~
pie GMOs

a

oe lishinest:of Daves & Mitzgoruld Sat- two rae
ek enenaseras ej urday evening byr, JF. W: Whitson-{ tts-¢ Bi
fr gj coroner, Dero. D. MeKay aud Dy, A. the | fe ese oe”
seed ; K. Powell, Four shots from a 3x gali-{ecive |p ee
edd four bre revalver had) taken effect. One Llacek if og
‘gt couple entéred the fleshy part of the palmoffero (fo. oe
- o others — the left hand and emerged from the {passe Poo ee /

Soop ccobrior yale back of the hand between the bones | forw
a | :

5 ; . ‘ ¥o» '
2 4e double pot the thumb and forefinger, The eyi- | Unit :
os Bee denee indicates that this was the first | actio
wen retired , Sa Set ae oe : h pie} for\ IIMA Ss a i A AR
eae ‘hot which was fired at’ Mrs. Rinkard | forw . Kia
| Ne change While she was ironing in‘ the kitchen, | state ij!) peeks bes acne 24 ey
Fe eon not be- Another bullet fired from bebind the| final, Hey eye ee Gy i
. eerie if Pao ' ary oth ne tg ’ . t rs ' ‘ c ee ; r :
© Pooper serviee, Metin, crtered below the left: shoul} will} |i : omer Oe TTT
Vthe boys der blade and passed through the tion) |:

hest cavity, This bullet was found] and a:

! Wes Ss Ihe : ° : ° ® b Bee
net aotyl lodwedl just beneath the skin vuder | expe

i Suits for
#2, £2.50;

he right arm. A third bullet parsed | extre ©
hrough the chest above and a little time f
Hoo the right of thé heart, emerging att mearie
Biche back, The fatal shot, altbough niva'
t.~4 ey aa, Meee POV SEY SET ETS mieht M

ma


bors Tart of Wabash county, to the Big Pour
Sand depot early this rorning Ina cab.
(At no There had bren great secrecy matin-
; tajned os to the time of the depart-
‘ure, but a Plato Dealer representative
| Wan apprised of the going and wnhr at
l the train to {Interview the condemned
nurderer.. Rinkard wae pot hand-!
Poutfed, Hecespressed no regret or re- |
Big murs for his deed. Thera waar noth-

ing to the way of any unusual inter-

¥
ory t

~

|

| est fin connection with bis going. He

‘went quietly nnd apparently willingly. |
aay Ss ee

4a Me A ret toto tf i ?) to’ Seine Wyeshrongin ie pore “ty
= § ae «? p "4 Hef ry ue | } | Dr. Wi FE K Ties af a, gly ort trip Es J
ee | fUting the trig) « 4 eG. few mile nf ig u! is trrlay on i
*| ee jot Br LOTR, -
; EUs ey Sn ry wf gop iK« ine). | a RN hin ’
at peo Senet ene Joho| ~* ee a Job
fi RGA! vy re ‘ ay: { a at
% we %
an id DE int held | f i
Ph Be aye 4 Frrsrts Ci¥ id ae | WES tts oad Wet, de re 4 af Chi
: Ina Pitat's Povgtes, orge | .
} 7 Due | ao is
Jdeonh Bini ey. ae ‘7 {
es pee LPT Et ty uty +e Pace  bbaee tc + F?* i } , ee j %
3 ; if + , (4 rer $ Fes end F ia] mye ?
rs ped wey ty i ih; 4 t 7 7 } “i ay To Mich v ’ ) oc y Fr
3 j ha 4 tr +t as ee ele, } 4 ai c ¢ P
4 its, pnd. who faee ici Me io phat by Sheriff Stewart
Fs ‘Ts { ity ert AD Veep i ! h d ee 1
Be 2) id 7 $ 4 ¥* a. 3 : abt. . bt
ay byt y eSB EAS ts iphites re hie Is ae tater . dale wunangiien
a J }i evs vial f 2 } f i : i Te + H re-
4 hae 4. 278 ry Fi scl” Beka Bina } . \
RISEN: I ad, han heen re. |. la AWAY lw
¢ 5 ted te the eounty fail. ioc have SLIPPED Ht! AWAY WIETLY | we
‘ ‘ie * : ee aM Rin,
* , nis 4i ‘. : ee % “pte + 4 4 ¢ $24 }
F £4 4 i 4 Le ee: 1% E Mi (i hit Line k ir 135 {had mene eD
; bag Artis news . ee . fn .
; 4 « my eA PAAR) gia} mifal, Tt bi tigi Ar pitarhib fay iTuC- Midckaed Fours nacel No Piemornse—T ook
j : 2 } ,
os i t hit Himta the Depot ine Cab,
ii eA Witheart Manders
fs a
. sey re ie
‘pi i John Rinkard tbe Grent county ux- '
peepee ee ‘ PS ts ae 4 ‘ M
: Binds wh po Chroniela. ht prose rt a.’ Mr. orcilde whe has been rextenced to hang
37 + & rae, Firs " ‘ , ” sits . % : '
; : mb ; he it to see hat Ile refused to next |@t Michigan City priron on Auguat 23, | ye
ty di ticieee ER o> aun BS, , ) P
< alk ge en nes LTBI, haat atg that tock- ran taken thin morning to the ‘seene
; eo wid feeling very bod. Tha henddacusalot the hanging Ho «ill be incarcer-
; i tig h Wily babdn: ed pudsha ‘ried ts 6the! ated thera until the Une of the execu
' % be «uit rite Much hin. Waker’ ic >’ the | tlon. |
‘ stile liad $ SeAgydde Le * 2 ‘ . ,
; . Gite 4 5-3 Gu bee : | Rinkard war taken by Sherif Stew-

-

A.


14, NO. 12h a

snare ety” F

eae
ed
ds

ices

er

Fae

oe
be

a
oo

eben te
Boge

ee

_ Fire of Questions, — os

Sa ¢ . “see

*

come of the Examination. is a ‘Question a

ee

MOT NIGKAarG, ta determine whether

aft wet?
aa 2,2

wr not @ 1% inseR 3 = hyri as j one aE .
1 Ot a iS {nsane after 2a brie? cone | ncsses wis ended and tortey Pacas
-* ew th a4 Al wae: SAP A
. tat . ek « +% a, 4 m ~ 4 asian tains.
A aa eee TOR Sevetai atior- uk epDenmed. tha wal bgt sist ae ce
2 2% ES mh am by them Lisi’ Fete

YS anc Judge sively, the Urec wit- Tenge, f@ reviewed: +:
day was called. published. Much interest was ta
: “Taner tock the stand. Tie ithe testimony of repentant mis: th
‘estived ¢ hat re the homicide, he argzuments. pe onmiee reas t3- -~. fa}
~eueved Sinkard sane and had secn ! crowded" Seri

uothing ainace ee time to change lis GQ. W. Petersen Arvued far ¢
Opinien. On eross-examination he ad- ! fense from 19:75 mnet 16: kee. :

mitter: hat he bad held no tncrearcourcse Cranes

t
s
»
»
4
>?
“
tad
yobs
eat
Sd
na
pe

ae
eo 8 Be

ae eae pe Re a ae,

a oe ~

The Prisoner Subjected toa Bevere

HE MAINTAINED HIS FLA

Trial of the Wife-Murderer Adjourned Unt 1 Monday
--Opinion Divided as to His Sanity, andthe Out

PEEKS oe. FFF cae a Aus ie 24%
| aaieraieiedh teed SER ESS, = + ee ear +4 ee So ee oo

‘

4} Rinksar a dischanie & revolver in" the

pard- stated tiat-he was uot sorry thar

oo ae ig? “ ee Seay ee 5g
Ca kee x53 — foactt

3 i ee em is, Se BEA
a: eYe. John Owens of ahArOn ext tes:

tied end: Btate hnitcshe had seed

eres hems ots

: . i +o vs eee
rear ‘of his: OPE Bes: BRA Taam put tue
Weapon in his-hat cad place it onc his

re - ns ay rae ee ae ty oe aes
head, Othe: Esrange Olrurrenses. oon-

t.

; st Pinkert cas oi
vinced Mrs. Owen thst Rinker was of |
tusound mind. “Whe ao cross Beainined,s |
a ‘e j

she-stated that she‘fad but 4ctls bual-
uess “dealing with the oe anda
bad ot conversed with. him since laet
Monday, :° ‘
yeatd ineee t of Marion wed next.
call oud testified in negate: oer the
‘inseryiow he. had.-with- t
while he wke.in jai]. at-Mar hon Rink.

es

0 he d=

he kified Nis svite and only regretted
that he was wusuccessfui in ending hits
Ort cane’: He toll the witnesa@ that
1 they: weapon he would take

>

4 ‘ n> Ae tones
34) ite yet. “Aiter-the-intervicr

y -
“NR I A ah A ant acannon ti oy

gested that it be not pub-
; ty
id Donner; wa nurae at the |,
r
naepital,..textified” that fs
3 i
rit we tregiment¢: joka: Rinkard-i;

«
‘

nee: peep er a a git touche t
twins. for tho ceed, “YF 2CRP: L- FRISGe; bon

Ty et ea he ne! Tx <3 ta Fh ee F4 ete S

Dr. A> EL- Powell, county Seaith off- ;
ecg, teMifedithat. ka had attended the!
de feGlant and frock fis. guedloak‘tazos bear:
tle he dif not beifeva Kins to Le af
Os crete exertination by tha < i
for Rinkasd: be wag asked tf <¢ 7


‘court ballift.

¥Yened at Y:ls wosivek OD (Bis, Lhe see-
ond daFy aa the preliminary trial of

or not he jg insane. After a brief con-
sultation petween the several attor-
neys and Judge Sufively, the frst wit-
neas of the day was called.

Daniel Craner took the stand, He

testified that before the homicide, he

believed Rinkard sane and had seen
aothing since that time to change ils

opinion. On cross- -examination ha ad-

mitted that he had held no Intercourse
with the prisoner since the homicide
and‘consequently could not fudge Rin-
kard’s present condition. ,
William Peeler, brother-in- law of
the defendant, next took the stand and
detailed his business dealings with
Rinkard. When asked aa to hia opin-
jon as to the mental condition of the
defendant, he gti “TJ can't see any

vouu Kinkard, the ‘detendant: was

next placed on the stand, and for
thirty-five minutes he was subjected to

a severe fre of questions from Prose-
cuting Attorney Amsden of Grant
county. When called to the chair, he
looked up, as if from @ stupor, and was
conducted to the witness. chair by the
He at no time showed
any concern. The preliminary ques-

“tions as to hie residence, former reai-

denesa tn Ohio, marriage, ete, wer
answered with the monosylisbie,
“Yor” Hle remembered John Green,
who teatified yesterday, a8 a former ;
employer. He did not remember his

or about hia work.

member.”

5 «oe of
#41G, t gon’t res

did be remember about shooting him-

self, He was asked if he remembered
weiling his real estate to G. OD. Peter-

gon and Otto Allen, Jniy oth taet, and
he said, “I believe [ do.” The attorney

first read the-deed to him. To ail fur-
ther questions, whether it was to tha
prisoner's interest or not, he invarta-
bly replied, “I don’t know.” The afii-
davit for a change of renus wea read

4. Fm » 2 &aA tee aa ogg i? a ae

former occupation of selling vegetabina ;
Hie was asked ff he |

iL

John Rinkard, to determine whether’

i

remembered shooting his wife. ° He:
and neither |

ew iia wifes was all riget.as
a a a eee ie ry ett LaLa aa”
tand of what.he knew of: Rinkard’e (ok ce: fhe weet!
past life Aft er tha Snfandantk treet § eee ERS bees EARS. 7 me
~ e444 x t, 3 ee ee we Oe Se. Se se PS* S = :
: PP t ia a ap Rt ey a = od
‘ * 2 Se ecw taw x ape ts a :
| bean placed in jath;: the witnes@ ss are i i
him every day, when on day saty and: oT,
gee $ wi
nsuaily every eo = =e z At rite Re: = "3
tduty: During the day the witness Wes, 2 at Marien
: ‘a 2
tei fad +> afan > sec42 st =~. =* . : 3 ee? :
{ tified. the defend fant would Sif caspian . aw ata t. Sets
whi bphial = ,
ieith his head resting uncom ons Rend eRe: Se € oh oe .
{ cw. sae? as + » ee +e be 4 24° 4 2
a a a me ee nee 5% we a
$ + < + 5 mi ie! beta 55
[as he did during the trisi ane (nat cnr
ery Let sh a =
; +> P eo. ha tf . «= de -
ing the nig ht ha SroOwry MeMUiAL Rit 7 mn yy
Sr ee a 2 7% 3
Py <n ¢ ee Re & j- o*** i ; € *
tions. The-witness atated “that Rinkare; ons i
E : P €petittmeg 7324
. % SRM LT ese azt
iappesred insane, Mit mignt cave heert Mt. Pita tk
; eS CES. ea AS he
| shamming. es
nite ? BAF Ce a tty fod
ab Prtaeit is & A

met. | ee Tons eee ws sae tae e ase aes. te

could pt =) BH COmMpetont Wwitne i. ; : imifMferent agen: weg etn so ps

At id the examination “ot” wit age fort aud. = at he felt ate-rtwo

nesses was ended and Attoruey Pete aqrse for the deed, or fear-of _ | Sim) Sim
Sage ment: Frem his 2 viens: “Bhs. beifeyed

son opened the argument forthe -de-
fensa: He reviewed the testimony act -
published. Much interest waa taken in 2 age ed
the testimony of Rinkard and. in- the: oxy teres
arguments, the court room: bet iz
crowded, a8
a: W. arenas argued for: the tes
fense from. 19:15 until 167500. --
Grant Al Dentler spoke for tha proane |
eutign from 10:50 untif 11:20, and tried |
to prove to the fury that the evidence:
of. the defense .was-a-miere than
Court then adjourned to convene:
Monday morning at 3 Otloecky:
Judge Shively announeed that hot.
wanted all argumenta and chatgem fn-
ished by Monday noon.’ celta ee
Yesterday afternoon, at ‘the time to fawe sas ie
i which-FheChroniche account ‘extendel, wecdercns
2:15 o'clock, John. Green, «  team-
ster of Marion. took the stand and tea-
tif_~d that he had known na John Rinkant 7
‘fer fine or ten years and tha® during
that time he had noticed wieny pecull
nritiea, Rinkard would nevor- take any
one iuto his confidence, NHe-wasecc-
quently seen’ throwing hitx hands and”
arma about in gestures when anions ond:
muttering -to himself, Ha believed
that Rinkard might be tneanc. «On
‘eroas. examination: he steted that he;
had known some men making thes Favoied
aame demonstrations as Tinkar?. ‘ks Saad asi
John Golding, a pa itrolman of Marior feritie-s ——
neat teatifed of former arrests made!

heewss Aer

z * ¥?
on
Pt f. iL

E aod:
a
4

ate

we OE
vm fod
ogee e

So: anal

«
tempt to-k

ith iu
be Bre jeved

ete Se Se vlged ah nec srrenit ewok
ne
wad
oa ’
os
wee
*
pera
Ga a
*

Eee
“S35

yor ee tees
al
re
oe 'S
y a eee
on oid
pn

Mort Gaines, deputy sheriff at Grants
county, next teetified as to the aette tthe d
wr Gand wei ile ee wa: Hig RHO

meg Le TOA IOOED

vue i mh} <f

a Be TR ee RES

him to uc SARS: :

dete gl ant and-fr 4 his. med! inal dingo- i
‘gis hedid not bell ieve him to be intane. |:
fis cross exvenination by themltorners
for Riskard be Was Gs
faerreint sharnenen dant? had. killed: Sales rod=:
seut tnmtive, and . bad-.thends

_— bin had: at tended % is f
i
$

at eomuit § antic +i te “wad srpot of hows @
‘trannl fhe centring the- negative, ah pe

rey 4b BOE, contmlt himeelfior:: (Re aRT

panne pigs

hen treated fir
of the
3 tha with one

ay -
ey
hie be
a oe
i
fig
fis
e
eo
~
>
ta
ie
a
be
tod

ne? iqapi nd sib -t54

ae aren 1 rgsi0 84
> piten/en. siurance agent of

Fd then agke bin iT the

-2ac ta be Bau, iz
Rat dgaoShirels aie Ans aba ved. ef Soi

“Powell, cgunty hs eaith om

s

t

ee
ked if tne bareit

q

et: of what?

i with
~ Brady. of Wab ere “4 Drac- te he
iclam hud ane whe. use yalix i
acy commissions, was sertk
: GB a. “eth Rod that “ha % frst sae co ‘
i

t
; “ir 1 et toad Maas
fant _Thursday-and tat: AO |
a, Adked as tochts opia- [*>
annityer freee ies of Ring- ) oe

pane. ‘The witness | Th

> ee sg > ore
een ow hey alter pe sui-

ee
;t oD

Ste . Sark as - ae he ee
2h: Pe Ge tean: enidithas

sth Dera fore
. Hee. ar stfetiiy ~tEtt: | thet
rit

- ‘Rigkard 4 72. Be shamming

Ne

ee |

a
et. A
zg

<4

1st apt oil ane? hat en
a
«

atited: that. be talked with
ant one Sous: hetire

teach ove hs ¥3)
coramitt ee 3 ae be Tat *


~~

ra)
vala Rinkand, the defendant. was
next placed on the atand, and for
— thirty.
A aerere fre of questinna from Prose.
cuting Attorney Amaden of Grant
county. Whtn called to tha chair, he
looked up. as if from & stupor, and wag
Concent to the w .inesa.chalr by the
court datlif. He at no time showed

. &BY concern. The preliminary quea-
“tloms as to hic reridence. forme? reat-
dence In Obio, marriage, ete, wer
AQswered with the Movoasylicbie,
“Yea. He remembered John Green,

who testified yesterday, aa a former

employer, He did net remember his
former occupation of selling vegetables
oT About hia work. He was asked if ha
Temembered shoothhg his wife. - He
said. “I don't remember,” and neither
did he remember about shooting him.
aelf. He was asked tf ha remembered
selling his rea) estate to G. 1D. Petar-
aon and Otto Allen, July Sth laat. end
he asid, “I believe I do.” The attorney
fret read thesdeed to him. To all fur
ther questions, whether {t was to the
Prisoner's interest-or not, he invaria-
bly replied, “I don’t know.” The a@f-
cavit for a change of venue waa read
to him and he was agked if he re-
membered making it. He sald he did
not..

Prosecutor Amsden then took a new
‘ack ani asked him if he zaew he wag
Wabast o know,” wag Rin.

she
* a ae
$ answer,

=e

; ite)
tt skate &

“ts he tall or ehert?”

“T dont remember.”

“fe he vonr size?

Gon't know.”

“Do rou remember Dr. Brady’s call-

ing on rou thia week?"
“Gomebode did *

a+@

ahaa Une ME HOW CO What 1
RW Waa In the yeara defore the dead.”

ve minutes he was aubjectad ta7 t

o daloek Soha at
Msriaky EAsk the:
hat-ne had knawp hs?

ad Hittterst ;

arities, Rinkard wouid
one into his confidene

quently geon throwing pie t yiits

arta aboutin gestures whe

tnuttering to himsacif.
that Rinkard misht be

TT

Heyer ?

ao 3

P é
¥e +

aa fan.

ben Bione sy4

hag known some mén making the
same demonatrations ag Rinkerd, .<

John Golding, a patrotman of Marion
HERE featified: +er
and of what -ha-
past life. - After the
heea placed in jal! the withess saw
him every day, when on 4;
usually every nicht when
duty. “During the-day. th
tifled, the defendant would alt meping,
Witt his head resting un6n gone h
ag he did during the trial ani
ing the nalght he showed >

or

cad

b. an.
Lihat dur-
emuliar Br.

appeared Ingane, bu
shamming, BAe on Le
Mort Gaines, deputy sheri# af tivant
county, next testified as to the actions
of the defendant while in fait .
tines he would talk sane and at others
24 if insane and the witares heleved
the prisoner to he ines ;
;erRMmMination, he stated that
iDelieve thet Rinkard eonid
i ahammine,

2 a af
3 #2288 iG

{ might have bean

-
ne.

a
on

“5 Ped | es
oF2n. a2 a6 =

<= t

{ bee = 3

- . 4 ae F
#34 rez ?

. 4
(aFi1OU ee ORL SE

ito ba an imoortan
i atdea, He

ihad pronerty dealings
would lead Rim to helievs

Rane at the thme, Whas

+ a4

s2$ 42
=

PED He ee Sai
" a bigt ee.

=

aa
=

be}
ae

wi “Fp

Ph ia
rua pace id
reonents.
ied thas

eit

aA A see en SN: ea, crane

these actions made hime ludfece +

Ha behived.
taeane.--° Ong:
cross. examiaation he statsd-tise fir

} . i tt ew ais
ona. The witness stated that Rinkars Yinelintd: and

at

Reel =

aint Svinte sige yp

ERT Rey pret

oe

2B BED Fo

Puy and + .
Bight..."
witnese-tes= |

i

=<

ne
t

Thad of foriver arrests: mada | OP
Lew Of" Rinkard’s
dafendant ~ had |

&F

each B55

Th a

SoH GAR

‘ 295
MWSXE Leetifvies,

Se ee ee ee ee ee
¥ B34 se ee Se a ae «3 ef eee OY t oe as

3 ¥ > $
fe beltnyed ii

Pa
ae is# 3 pt
aids? Slt:

t= ig, oe _
“PEseatii ie eH

ghamurring i
-_..

Mae S|

ate 4

3 Aer

tes rites
tit esa 4%

>
She E

20

tad

Wt. ty
a4 B15 ay

% £Prorer. cf

oct

z ee * Pe ae + a a
i to believe that Rinkasd ta rane.

;
;
t
Fi
f
:
%
‘
4
4
f
¢
i
2
;

. ?
SE Meares ote gelinrheb eld soi

net pouit

Ant te be sane,
Judged Shirety

jury.ta hold no latercourse with any |;

- Mr. Higby, 2 grocer at:
id of his
ard, ¥2

$4

with Rink

H ¥B,

Pi
os 3 a ee
rhing ft

Ones CoORes

4 z ba oF ig Bas er
tintencd until fa. m, Satur

FS

a ging a
% SLATES

+. & hea 2 &
Lhey- taste

*
>

Sa
ae

4

3. oe
aot.

bs

os

oO Wh
but helleved-the dagends |

+

pected

*

ue 3

t5

he trial and court ad-

I «

¥.

ee
¥


ears ae oy) ition ee
‘

Nese Bs, Goa
: Ht i ‘Hharach, tle u
he i ‘

é ; BRellma or A
. ; pheta, be Nf i100
§. Ne * weeaseoeeee i ; alt ls
| i me ES ee ay ey A LlarSy :
ne *h Ma é eee a)
sii ewes | Jury Gave _ its Verdict) rotivhay 1 Oe

.

WE OO’, White ge Sr Be rae i 75 Ser ek a en eee
a de Cone ae Aas PR ttt a Last tight er te i <FBhdoon, Be sais : ene Maa ty ; os | :
— tO, Potiphe x Ae HE nh eee
i ho ore ancameNela aa Be ee ;
\ 4a : .4 Cree) RANE A
ee me lWitL NOW BE BURDER {iss %/S/7 97
Of We ’ ai see
. ; ‘Broth
$ : ity, ‘ \ Hew
, 5 int, ‘accumsan, Sim
* ies hat ; ; a). aN
we ~The | Tate Will Be the Charge That Wil) Fchmaneay
mead nes Mi ste ctr tied ene eT Confront the JeryTelal | | eel
Rogins Monday — | a ea ee a ‘: ee
i lor- ae) ie :
4 | his] phe epectal jury in the Wabash. clr
i ai 7 not | cult court, enpanolled to determing the
ny | | ec- | condition of the mind of John Biasard,
may mt} xecused of murder tn the first degree
for killing bis wife, reported. Monday
Jevening at $:10 o'clock, and’ tholr yor-

dice Wasi eg iat
owe, the jury, Ond John Rinkard to
be of sane mind.” . :
The Jury wae given the cage ahortly |
Hefore noon, and were therefore out al He
lite more than‘five houra, The vote | Pri
~\gtood ten for sanity -and two, for tow | Prt
Sis eae ela a ts) oa wanity for several ballots, but finally |. : .
the two yielded and the VOTOLCE WRB | tree vcntisiall: sore conn om
reported.: : ae RT Rn TTI
| ‘The emotion shown by tho prisoner
uring Prosecutor Amaden’s apeech

ENT AS TiS aig andi j he
ae My SLA Ge, Mw, EW gets nla igh: Wextenic mn {
r PS i clit te aati oc BAM ing ate ate

or

Fai hpi gen PEAS , . “ete = r “J | '
: RAS TEINS BIRO hg a a id, | Monday, perbaps had a great deal to do oF ”
vet é Bg op uals ~ “re | ” t
lau. gt Ne Ae ee pike Sine CE lwith the verdict. Rinkard had Indl- | We" =. - Gg Wecenei e
« foe EP RNA pe see eta. e iS Pa Eth , " hee "Dy a ; »
t Bae ea, SA ear Oe cad i | cated by his testimony that he did nob.| Tee oS RP dine rire news Stems
Bae aay RS haat See ah i know what the trial wan for. Whon his: he es EE eS a ee
a ne ‘ ce 8 f eae Seeks, 8) "a : 7 iY Ws 5 x* tle me” ey
- ere Mh ALS aghast As PR Tee | i face flushed during the prosecutor's at- pjog” {8 oO eae Ps ee
ere Piper YO. ea dik 3 Toa Pekalgon “rae | . 4 .

; fd aft : ; cart ”
(2 yl eine ee eh ya ely hy a | guinent and ho was visibly dincon- '& By. Nene ed gen aE alo Bm Fray: it
ie oP Re) CR Ae a | certed, it Was considered the act of Mitel os wat! whe

very sane MAN. oR ST at ao eS i. as a ae
it waa the general concenaus of apin- [py poe “aot Gh ace
fon.after the evidence -had--beet von dr Aree ayis -
cinded that the Jury would find Rink= | ar) : |
ard dnanne. ci Rete : yG. i
The trint of the prisoner Upon the | ta oh
orfeinal charge, that of murder fn tho [wo j
frat degree, will he boeun.in the Ware ipl. ' : ee ee
bash court Monday, Jan. 11, Tho ieee oer tlhe ee
Chronicle has been Informed chat the Pbk
noliey of the dcfense will he to claim |v smeineammenenieinninandiias
{that Rinkard wae Insand at the time of | ps ct re a a
' i "

the homichie, The defense admits the | o
(amielde, but will contest that the de- tt
fondant did not know what he waa do- |
'
{

Ing.
Two of ‘the attorneys for the prii- ,

oner, howover, intimated thin morning i |
that they would be prepar d to epring | ¢ /
‘Ta surprise qoniorro®. ees BB ;

decenhihia (gn Ade nd na ae imap es IY

HATA RS hd Fs

*


ey

Yes, i have Deen In. jall.”

“Do you remember the she }
name **

re fe Shane

“Ia he tall or shert*t”

“{ don't remember.”

“fa he your size?’

_"T don’t know.”

“Do you remember Dr. Brady’ #@ call-
ing on you this week?”

“Somebody did.” :

"Did Mr. Allen call on you @ at the
sans time?” -

“I don't remember.”

“Do. you remember tha doctor hurt-
ing your knee while rou were in jail
and your crying out?’

“I dpn’'t remember.”

A second change in the fre of quea-
tions was made and Rinkard was saked
if he knew this trial was to determitie
his mental condition and why he wns
asked these questions. :

“I don’t know whet you are asking
the queations for,”

“Do you know what the: men
here for?” pointing to the r. Oras,

“Tl don't know." |
_The win. . shades in the court
room were then lowered and he was
asked to tell how many jurors wera
present: He did not know but guessed |
there were eight. Hoe was asked if he
could not tell whether his eye was
afilcted. This was.a catch. question,
but he answered ag before.

His answers were always given as if
he was in @ stupor and he was nevar

x

are

toe ae

eh 8 awas

tn’: be an important, Wwithets. cf FS oth bye

Slee tH OB re eae

had property dealings wit!: him? whith ¥
would lead him to believe hina to Ro
sane at the time, When - sen dt
Rinkard had immediately. esuc
himself about the ingur

no heed to tha funeral ¢
In dlreet examination he testified that
these actions -made him bolfeye bra fc.
| fendant to be insane, I4n-the-ernes ex
amination. the prosecutarattenipinl) ts
prove that these act OTs Wore «ti
brutality, “

William, Neghitt Was hext

iret

Srii ee}

satied i

the stand and stated that he =~
known John Rinkard. atace: last Sen

tember. Neahitt has been oaNacd in
the jal! for a number of months ana
Stated that Rinkard had acted yor,
strangely since he had kninen <i
At times during the “night Rink
Was pe to crawl around over thet b
of the cell and in many oiher: wiki
matea to bellava him to be. denmeanted
One night Rinkard- was to: tand the
oe and before midnizht ! Xe Se oves
the lide and flled’the stove with
Everything considered: =:
thought that. Rinkard

ts Dz
mind at the pres ent ti lite, 4

i

te  *

No
Att

7
had piayed cards with the other ine
mates of the jail and hed

aanehe Sesoct: Le PY <i

tangled ¢r forced to make ravelations
by the questions, ee testifying,
kard ususily held

appeared to sipress no emotion <x

* mm 2 5 os ¥ 2Ee, .
ike rest Of tae trial. The dafanse a=-
3 & ézami-~j

Pobner.
Rores in the Marion. ery boanttal:

his handkerchie?4 +!
‘fw inches in front of his fses and |

fo &

with them to a Ilmited extent: Wh:

Nesbitt came to the city Isst Manday

he c siaperh to. Unkard, who did not ree.
f Martow next teat:

Ghd BL times. Stumeie tao h3

Se te

So "VR eet pis aren.
x34 OS Waits >

aides. He teatified thar ‘Rinkard: hac:

A ini pakt
arrangenients,.

Fe

nctivig ‘fn. a cway~that caused. his col

Masoud |
watt
crosa~ examined andt-sait that Rinkard

{surg

carbene


#?

“torneys was made; they had-trot-had4

‘No. ‘ae

oi

er eer te nee nee wt

HIS FACE FLUS} =

pious fe

Rinkard Showed Emotion| ‘
While Amsden Spoke, —— |

PROSECUTOR'S SPEECH

Dclivered a Remarkably Cauetle |
Speech—Strong Argument In
Behalf of the State.

He

we

(Special ‘Chaonicts Correspoudeut. )

Wabash, Ind. Feb. 4.—Otto @. Allen
began his ‘arguienta for the defense Jn
the trial of John Rinkard in the Wa-
bash cireult court this morning at 9
o'clock. He spoke for a half hour.

Hie took the ground that there had:
been no crime committed and that thi¢
trial was to determine whether John
Kinkard should be permitted to be at
large and conduct his business.

sound mind. In concluding, he main-
tained that at the tlme the deed con-
veying Rinkard’s property to his at-

time to Investigate the mental condi-
tion of thetr client, but that If he be
now Insane, their deed would be in-
valid, and they are now laboring for
tonnansty: alone.

“than ay ay se =e ees .

Meroe Merty

seemed to be practically

that he ts sane, and as each seemed ty Cc

be of equally good reputation, the d- ¢

cision will probably rest to a ccar. j

tain-extent with thearcumentaand the |]
interpretation given the prttenea bY ty

the attorneys, Mr. Aprmiten first pro- py

duced the aeed to the property? ma tes

‘one month after the hom!: Tele, Iyly Q \edaninnbeiabhesitiatlh
to.the attorneys. and claimed tat tht» (

is proof of Rinkard'n sanity at thaty,. CT ae

A chance of ¥enue, Sept ‘a JAN proof of

Maintained that in Rinkard's own ao.
‘pearance on the stand, he

. evidence would prove him to be of un- a

recatved tha death penalty, ‘Tho proes |
eutor spoke passionately ani tranuatet ft ee es
ly hurled denunciations et fiekar: | 4 "
who refused to look, up, at te mal
TA bay, Wecine se, Redes inal nls a er
Rt * me ‘ re ¥ Pig spe ae v ee
f tae AS a RCo esa a sa ei
orem win. ote ey gan * . a - 2 + < ania ¥ t. nd
~ ily iy UM ne

ANALG © |

Prosecuting Attorney Wiitlam Ame- S|
den of Grant county fololwed him for
on hour and a half. As the evidences
evenly - diy =e
vided, ten) witnesses testifying that]. '
Rinkard ia Insane and ten teatifying | om O0% 04

time, and turt the attorneys them (m+ js
tended to plead meraenty | Iraantty. He | pe
next produced-Tinkard'a ofldavit for}:

his sanit¥ atthat time, Aud he Anall,

rroved hfe
eanity by remembering all the parts of
his earlier fe, but nothing of the day “fs S Melearec?
of his trial. He matntaine? that hte |aowmec.

atupor was aimply melancholy, ant
thet his frequent peculier aetions were
evidenced frat by brutalitr and eecond
by the natural resulte of the refections
of a Bane murderer, He malatuine Vy
that Rinkard's indifference to hia fate |
{a due to the knowledge that ty nine
teen years {n Indiana, but one man hae

fh cams Netaa 4 abe as


‘fag argument.

move, then turning’ in his chair. with
his back to the Jurors, instead of hir
face. aa at firs’. He was without hir
handkerchief, but held his oand before
his face. Fils face was flushed during
Améden's arrument. and & Qulckened
breathing waa noticed when the specck
became harsh,

At 10:55 Mr. Kersey began the clos-
He spoke at length of
the conditfon of Rinkard's mind at the
time of the homtetde and endeavored
to show that the defendant was of un-
sound mind whan-he killed’ his wifo,
and had been previous to that time. He
wald that a person committing a crime
as Rinkard did, was possessed of brutal
instincts and consequently was of tin-
sound mind,
wholly unable to. make-a defense In
the trial, He ssould be placed fn an
asylum and confined there untll the

- proper. authorities pronounced him

cured. Mr. Kersey further tried ‘to
convince the jury of tha defendant's
inranity by stating that
his wife Rinkard would have attempted

to escape Instead of trying to take his:

own life. The attorney declare@ that
no motive except insanity was the
cause of the crime, and Rinkard and
his wifs had had but Httle trouble. No-
previous condition hod existed which
would lead him to coramit the ragh
deed. | :

The conversation that the prisoner
had with Howard Conover furthor
proves his insanity, declared Mr. Ker.
ary.

At 11:45 a.m. Mr. Kersey
arrument,

The jucce's charze was then: rea?
and im part was as follows:

The jury was selected to decide the
condition of the mind of John Rin-
kard. The jurors have a right te
form an opinion from the testimony of
the witnesses, The peculiar conduet
of the defendant does not necessarily
show unsoundness of mind. The jur-
ors have & right to take Into ¢ton-
nideration the pecullarity of the MaAn-
ner of the defendant. The right fr
given them to, conalder the defendant's
testimony and the right to conalder
what thoy see fit in regard t® the de-
fendant. Thoy. may tonalday tha in-
terest and intelligence of aYYeone an

closed his

the withers stand, ae given’ theme,

life said the defendant {fs

after shooting

j thro: ie

of tik
aT
brin
All ;
ALLS i
Dock Pa tary hdlatuinets man aren BE eH 245 Hi :
mR eNeetteineie naa, PIO te 8 ten * wate Oi Da ee
m 8nd tg of URSUM clout inti es , tka a? Begs ae
a 62! lOnal defense, the chiires Peer ont Af Le
. B that og RRSOund mind. < 1F ti Powdel # ia 4 i
Th Ant has no esfential privatiou yo | i Hit F Lit. i?
nam@ Yes and fs capabic of berforitie ind | |
CURR Ordinary affairs of Ye hy: if hia mina | eo
*our is fn bossesaion of ftp Fania: try ras |
Wk card to homilelde Ate bts kd aie | VAs:
} BOG ts abl: ta ae. | LAG a
oo a ‘appots between pieht tind Wives treed B hat Has
tha i 3 capabla of defen ; eo we te
Bell oe fending: hin. he ip FY,
~~ is A ye ee AAG TS § Na jp % a
cous? to be desiired oF Bound thin’. preps ; ‘Cal
; I fs Jury belleves Rinkara to hia $y) WTR thin tenn
{Cram verdict Shall be, “We, tha furs sty Tie yas Sanna
oha defendant) John Rinkard, Of true und dh ey Pry ket
7 mind,’ and if the Jury believes tis, tof eG 0,000 I} f
StolR® be f2ne, they are to find that iy. ee
WAN fendant fg of sound rifad, . a ;
Thi The jury Immediately went 4, tury
room. where thay rema} HOD for a tow

i] here Were
a they returne) AL Wore ond oN
2:50 pom. ; és

minutag before Boing to dinni; At
& few minutes
StH out at

pera

A Recruy,

8 ill Be ( rye

mang

ce On
wil}
In an

yaaa

woe


nf

Horevent

mye tidy tix i Krenn hl cet AA

arn one Leute Saale ht ~

haya} pees

rok WM

in regis

TT

vow [ec REGULAR PANEL MAY NOT of |

|

}

|

|
|
|
|

; ‘ onidition, SUFFICIENT.
thabotts |
Preulathie ’ sc. remains
‘Judge Shively Makes Preparations for
| the Trial of John Rinkard, Which
a will Be Called Monday.

i eR eR

See reruns

oe ar Is | The Wabash’ Plath Dealer - Baye:

AR ed NeNdAay J nudge anively ordered Ula
Ao paylps ; juvy rommisdonéta ta draw @ apeclol
is Of thet ye lee wfA webe iene p pee r-Mott-
Mocca wae day morning at 9 o'clock and be availa
he word jtyte ba ease the regular jury doea not

{he urgiunl: prove neeeptable,
c sah ds balleved that the selection of a
yr CHT decir WH be difficult and that anathet
hivhly fury yentire is urlte possible before the five
yea WHE sedtee thon of the twelve men, who aye

;

renin @ttto pass thelr yerdiet aa to Rinkard’s |

K. of Lot enilt in the charge af murder In the |]

Theat degree, The fret trial, In whiel
la nrge part of the evidence war arity
Vintited, was before. a crowded court
Pyroom, Wrtd ae te rewult & large number of
Ppeaple int Wabnah county are familiar
with the facta, deatpite the fact that no
pevidence has been published here. In
J addition to the question as to a pred
i dtved mind, the jury mst also not be
iaverar to the death penalty and a barge
jnumber of persons ate against this
yform of punishment, which would
Pmahe thet inellgible. .

be Brought | After the jurors are once Impanclen
Fand sworn they must nol be roparated

Santil they are dlecharged, after giving

, lin their verdict. . As In all caved tn

| Mhich murdeg in the) first degree 14

armecagainst tot the jury paili ahd will be given

rade on tlett | quarters for sleeplig, &8 well ta for
ract. for the {(betr meals. ‘They will not be allowed
was Tet last | to converse with any one outside thei
a daw sili number, whether in the jury box or of
COTHTAETORS | pecens ae rh a *
will face the} eve special jurors were drawit Unis
arren-schart i morning, and were as follows: ‘Thom

~) years FRO. | ttarrell, M. jt. Hogan, R. K. Crumkle-

fount realize ton, D. A. Freshour, Daniel Rupley.
Httle city | Crit Kel woabtpy
to keep UP] M, Reed, Elzur

Bihat they are (ship: jasper Jenks, Chester tawnabtp:
hork through. | Jolin Rogers. John Arnold, D. 4 Kaul

‘inan, Waltz township.”

F
nih d WE

SBant residing charged, they will always be In charge


ore ec _—— ~ Pe tet “ 6 pe MB

Sie rile veers Met he

WI ‘DNESDAY.

13, 2901, | Pees,
+e r i r
Set amenet + nines " Pan Sesion erent: ictal
VEN. i? Wife aceonina; re hit u ok a i ye ;
ii hla. This gh. refucae tg ‘ 6 ied
‘he Grant il Weapon Nee Taxes ft i] ‘ t i : :
scoseemphikang ers st 8. 8 Va ie
ives. R o firnk?}} nee pn! * § ‘ 1 4 meer Sm
eb “ths revoivur wag \ atkty ts
eenianaieieen teen ‘ es a
i 4 | v's Be the : NO THOS
Gran Wal. Pa

ee. Evidence Pilds up Again st!

We MM. Binks ce We

sthte My that It wis

‘ ; ‘
va PTrey getty John Rinkard, 3 renee for, “se tosedrad i)
ae 3 ‘ or estar tare fhe evi
oo ae yes . . [state WIR CO a mye
Ac Korsey adders . thy

Ss NEIGHBORS TESTIFY,

tard to the Widens yp fo

C4 ji Ho' stated that hia’ wo Call
: ) MODY OVE as aa Wiad! im
B ea “Vines the jive. that the
7 :f EMscued mind ge the tise |
fpie TA Witnested’ Todey- Sieaiwheimed’ Wan committed, Hoe epnbe
tie. the Prisoner With Storias ithe veridernen that. WO dbs
of Cruaity. , Pause hav dury ae Ie lta
. are bre Rt x was. invane. tie tt
Thin nln ho: Nighy sa ae
. ae , Court then low red,
| NUNB 2 Siesta EM eerondence fa tha ¢ ‘a pontete, | “hat 1:18 von: behave ned:
“y Wasaen pada Fay ye Rie. BL Rin rile the” frst a ‘)
i eat Go 8ard unurder inal wits pee: med jy bee cee the: compe
Wallece CM Wabash elrendt oaart this mor nisg nde Atothey ee : ce
Rial pant ie wcloek Gefore Jadge Shively with ; SOn Won of the man's 1
ade ar os eee a CAPER Une Che attempt ai wate ies
ee meal ers 8 iv Witnesage present, th ¢ the dact es ‘Hin lte a aXutsn
: Re martortty ee ther being Mation pt hysts \ eideyiyy tik te be ot uns HC he
be (tana Whoo ero to offer expert te wily ts te 7 ete
re Peta. The jury fled. in afew mine Tee Blew other question
. ites before o a'eloot and John Rinkard > hor Lance Were Oi ae the

oto t Par!
mee ined his goat’ meas his attorneys jouned O¥er to. the arate |

thea i repaid i) 4 kot it
gag MN took en hts Nenal_ appa canes ok a iets Jae ot yee to
ities Wsinteregt, Ha held ‘ne domn unioation | aye iain aly 5, mu
” withyhis Mtorneva, Noite of ie, furys FOMECE ts cont it’ en tetile

ie ren bad been permitted to read papers | 8060dne nated. He ay:

take their usnat ploagures and are ata, The qestion was Mae
tow ue tired, rahe raulticte nyt eel lee a LO1 i! 1

Flie . Nofea ato riucfe the! tp 1ARt niA¥ tnt a ate Hig w th vat 1: Person |

ung to have the chothir %. heart: enoneh k eowledge ty kh |

aT ET f os doother exhibits hatred tron: being ote quits Previous Mae ps
a Ne € +f}
1 L “CC as testimony. Bach tide offered if the’ withers would not
“authority and Judge.
Nestion under adyvisemien:

shi vely Look the ; perled tiy Sand ot the ea t
They had The cocterireanonted + ts
UREA. uesiusty"aliepted to the asioate oe iho wepy Hable to pint fit :
bist mae ide at wll. “4 Yoind tinder Snéch eines vit a
ihe frat witness. ‘examined was | LAO De. Niauan - haddiad Clit
Jines Peeler son of P¥anie Peelers who | Ot Wy A. Penkbonrr oI Bath,
ON TOMB te prinripat ‘Prorecuting—rwitres ithe stand ~
44 am ond renaips seatod henur the tater» ‘the bret wWithess” ox: Pedy ese
attorney, domes Peeler tekulied as to. Rinkerd trhal Tre@tday attr: op -
reveral lustances of cruelty and abuse | Me the report published fou ths
perpeurated by the defendant upon his | icle. wae: WIM MeDon i"
Wile. He also told of the seenc ufter. (Co uimuie 4 on Pegi Peat
ti e shooting, Little important evidence | if mnie
WAS sained. > Mrs, Frank Peeler Was ninne ‘NTrna iy ney

RENT ws at Phe  th-erp,

is)

flag

son

otitis.


mC KETS
, Buys |

mim, the |

WAR |
7

Ayu
feived
‘esent |

hold
oday. }
90 As |

cms ;
ely be |

Mg ousand

A

|
|

iilough’s .

1T=-The
mi the bill!
uncle, to,
to the,
by only
also WA. ;
Aan print.

|

ye Philip.
is sick:
eral week |
‘oe tells of |
onung man

ifs

|

'

Care :
@.

t*

ra
\.

DUCT

AM

|

t

irlving oi
tion. pee |

'Rpectal Curres spondenes 6 the Chee

im oe
re S5

se

Not Much, Progress ni
in the ‘Case Today

anwar Sat) TN

THE CASE CONTINUED

i a

‘The Work of Examining-the With essed

Then Took Place—Only One
Rejected by the Gitate.

catenin tanec tata

‘

Ves tt
Wabash, ind. Feb. ti At at o’eloth

iB: ae
% Oe ke:
'
ee
th 1a
|

} a2
t $2
+
\
| ee
1 4
ii
|
a
em
\ iy
bv
H

|
\
|
|
|

this morning court Was. called and the |

state-made a motied—that- ‘tho-trialo’
John Rinkard on the charge of murde’
of the

being unable to hog pres agit

he continued because. of one
witnesses
on account of {tnene

f

thi:

and
aller

xainhied

At 11:16 court adjourked;

o'clock court convened and

Jurors were soated they were OX

«tet

by J. A. Kersey, attorney for tho
fense,

At o:10 Prosecut! ne “Attorne ry 8

wh

Murphy of W ‘abash. egunty had ere

‘ned ath but four of the jurymen,

| found nil but one wore Ww i}ines id

Las the death pe malty, tn case of

ee a, al

Pea (4 Brought Here.
Mrs. A. Bs Ward, who recent!
Warsaw, shang! prougnt here
for tnterment. The lady wee
ken colored realdent of Wii
and was formerly Miss Lydia th
this airy. phe had lived a \
‘for many years, The body %

ithe noon train, and the f
yed at the A. M.Beeburch thi
{noon

oe

ae seal

a

events epee cpepenas 2 Pike rtp

“TRIED. i Tike 18 Tt


Bons Rp aa —
3 4G stig ae
. AS Tt um
ita Yitagss a

SOGRY witrwhelmed. was ¢ vioty ag Siaae
ma the Prisoner Veith Stories. othe eed
oe? Crualty, ; CAMRY tha; Trapey

ca

>
“a
ee
ms

This | Knard WLS in Byt4 a fit ° ¢
it Opes me , homictds
; pp. COtrt then ation ca
teenondence ta tha Maronite: GALE LAT cotet by as
Bite Pyap -hOAKH Hp a Ret -19:— Pho | BO Rimbalicihe: ii; tyr ig A at Og ue
f 7 So's, ee ; conta fame Peat e ‘iy # be 44
hvoppap, fbkard Wurderliral was resymed ip defense. toay 4 init! Ah
i }
|
:

H ‘ OER pe fet
wa Ul Withash clrentt court thos morafgg (EY anewer to. the | '

* Oey Pere al eye

in ° ses oofore Jadae ahivety with; Cmdition “of the nade pint ae pew clin
‘ } ‘ Oe A wie ml , y % time +t
punty bye WE. TEN “ i! NAgara presen ’ the ht fi
Vi banpey Pelority Of them beine AYerion phval- the 4K tor petty a.
ter othe S188 who ere to offer expert. toxtis / Sider him to beoof wend sy! Atte BAS
Piantsts boitdany The Nty flyrr} 1%) A few mfii~ 1 ey £, LEW othe ye: dareact ‘ F ike Wigs |

ete eh yre *
Le wa? od

core J o'clock and John Rinkard -POMMnee Were eyed: thi Ylian ates i ‘
all tha Testamed: his seat. mene his attarneye | urned over to the stad heo fay ean
es ses” ul too w® On. ita Nadal apbeacanceof Malkaslon, t esas Gu heli yee
werties “UStihteregt, H2 held no dommunioation (He tw. QRS ered Mie ohn OR
i. ain. Withehis Atorneva, None of tie furys RELL FY: Cove bate tia’
: bn cin 2 en had baen permittad to read papers jeenowng. te ind, tii BERS i Rae if ii :
Bo fine a iaice their visnal ploakures and are aay Phe Qnesthoay Wa te Bieta an ae
taxing tired, ioe FUDD HV EeC Pmt Bee unk ie cE
‘ Fhe Uefonse maete they lane plaw thts, Ge -BEG Ww that a PHATE Aha Pikes sme iat

TEELE horning to bnve. the elathing, heart enough knowledge tin tei TR FeO ity

hi Olhar exhibits bakred trom being | RTOnR: Junk: previeds ts auch Ae tied
Weed aS testimony, ach vide offered :'f the -witneks would act Oilste | a
suthority and Judge.shively: took thie Perfectly sang at the ive of the dnd Tie
(Westion under adv iaemen: They had.) The docter: reanoniten diy hee sigh PEE

SUR RAinewlunsly*abjected to the exhibite bee i bie ero dis bie Mo Mili five oF he hid i! sh
Mik made at all. Be 2 abide under sven (iresrasi vps Ag 2
he frat witness: coxamined wag) dO De Kiinball. wae tisenaeeo! ie
‘dimes Peeler son of Frank Peoler, woo | Ot) WeeA. Paukboner of
PSrowe “is the—princinalprosenting—witness the £107 saa
ian and remains seated neu the state's i. The fret WItheed exar
attorney,” James Peetar tebufied aa to Rinkard teal THesd iy ar
écveral fastances of cruelty and abueg NK the report polished
berpenated by the deféndant upon nts [ile woe’ Willis Ap Bonn dde. Site: bag
Wile. Me also told. of the seone after! en (Continued On Pee PANE}
the shooting. Lit(le fiiportant evidence Law:

we

was ralued. Mra. Frank Peeler uae (h nD |
Tie

——
ona ue
erm
‘a

letter
morn-
S, He
pvell as
Mic long

Fg dette re

ai

Hext examined, Bhe - téstified that.
Kinkard had frequently: ¢bused ona |
vt that Wife, that she at tines repented him |
Peet and exciainied. “Sttike me !f you dare!
Mon- ye was extremely profane, He was |”

abusive while at the-bedetde ofa Aldh
son. This brutal treatment earsnd or:
fo finally Jeave him and sho bellevad |
this caused the homiciia, Mrs, Paster

BOOd, ‘seldom gave @ direct answeriand ap-
fo peered nervous. She waa closely cree
mg ape is examined buat gave ttle new eyidenear
STOWS | Mra. Jerry Fleenor, a tier neighbor

JOY. stg Rinkard's home before the LOPATAy
e OUl (tion, testineds. “tive at Marton, just
ce 80 ‘a few feet from the Rinkard home. We
there moved te Marion‘ hetfore Rinkard did,
thoy |ten or twelve yeare geo. 1 saw hin
SAW vatnewe tin wite aid family, This wan
that | just about every. days Totten hehva
that him swear at her, Onde, While abusing
He | Mrs. Rinkard, while thoy were’on. the

Ee ade Lire eee eee ft 7, -

north-
il yal-

{
f

tthe ates

ubatiaiistesienee tees, oe

Ly)

> Gy


+e FRE
58 Bory

68 had teed

wed hl ae

Fe
57

“ad diy
a

oe
42

i

til
<F sed

yevEes

ch ¥
nd de

;

= age
wiul

c

se
nkara
ai
en their
ny, | oS
e 2
t have
resent |

D

iten
e Ri
ad
2 the
ing 8
no

t]

addre
ret
he

5. y

r
a

14,—Tr
1@ jury in th

lave tak
¢
ur
oy
yy
shed

+
a
orn
in
i

«
*
os

hey
ea at
oO
yere

i

ur ve
nn

is

!

t beginn
nd
ander

yo
Sou

were

a
c
f,

*

ard su

s
we
Ae
he

R
j

site gee

seen

Was
ather abmino

{th
303

a
g

The }
not
ted

, Ind., Feb.
is
ee

Wore
.

1
i

ion of th

¥YOr:

3
¥
z

ohn Rin
nog

Tt
A
eye
r.

cs
Sot
bend
-
pu
oot
oe
bee
=

2%)
-

#e

rrois

*
7
ae

he
pe
Apennines
and

ze

men, let tht

t
trial.
t
Wel
Th
Deeg

>
4

pe hoy ONAN, oa & ‘ s
en ete ey Sac Meno


yada".

P ipene a

sey
ca alllbicd

;

‘

5 ab  & ™ m
a iyi

wad

ee

(IL ISLIP IMS

hres cata ob areata nepeathcmantilieiee heer RUD ensieges he SIONS

aR netansinieiscliniistecmaeips & eihadatillliet Titiintind eae one aa ts

tux, aa it was popularly belie
be verdict would ba delayed.

Ye that !
Hi nke rd

vt poe ee eivg
S SOGUBiaAb

| a¥or

~— —

tegen Pi 4
LLORES EDP OIPLREIRFIOEABPIS serereree FOPEPPPL OEP OEREC PRE EREEERERSA“LLE PRE ALE LB i Lal aag of gt Fe FSi

= =! ee
txr r ‘ i art - * 2 be Be < «- =! .
. * Fe = :< * + b . ~ * ~
NABASH, ind, feb. ig——-The jury in the Rinkard 2! special tothe
* i P oe
; = ;. - ekin, Fab
teen | tae Lent 121} + ty s following y “Piliet . $4 Vy a ; Ny Mg id
~6 luk SVQ fab Cae GGG Y fd CUMICE. > Laie it ry, ye

. % a a eA meee
(aye a?

ee nena A Ao in 2h orca <A net ada ce Datondtonenn niereronat nol
ths ESMi AY. Wiflios ; "i x oeiON, \
a te 8 eine: ORR SAG ORs AS,
tH et c EP t is r ram i they y &re té And hin es :
499 8-5 3 Hes sttes (8. jury nna reuted ia-thaiy a\
RY -#- fee fisoen wilarge and eager eruwd remained ba 1,
ei me in £he saiave room and Riukard wag. £¥2\ *
~ = : 4. clonely Ghuerved,. @ AlTeta red ;
lees (SivelyY nervous, way wel
eget: -- “° {around the room,
ghar Anad- by Other z VAS i. a5} rf eee
: = prehension. After Sih Dist | eS,
room abont balf an hourhe waa ted”? Cost thé
40 the sheriit's room but the crowd “G2 | ; \
a ® Moe eh i mrorbid cnriosity-gratiicrsa followed nical
The Jury it Wabash Brings if? [tS uta iu ther He did not seem to |
ro “| Worry about their oresence, but still / ttt, ad
Verdi ict. ; voto 4 ABDeared nervous. Ho WRE t: taken tothe 217
= jail about 3 o'clock and Judes Ss} ively |
“ and the lates” number of people iett
= : ‘ I> tie courtroom, only a few still remaain= |

| Was followed to the jail by a swarm. Par Fi
fat smail boys, who remained about ihe ; of the
jail premisea. afterwards, -The large | od
q “ a
is crowds that have attended have made ! . é
; cg the tris rather spectacular, and gen.’
: /eral interest. Waa manifested, Every St gerne
PORTS res Sl
;ohe interviewed after the trial . ;
s ae ee C4 ises BF 1037
Ti : r - t.,.4asane Al. er a, + bree #2 ODDION of the probable — : Sea ite
ime Wwuestion cf insanity Was Never Even Lonsider- ° Perdtet. taba Weeds wkd. eee ze
afi —— ants ts Stilleees po peices timed fon ‘net 2 Otel. ax the titst “Setaee Agicg Boiss oy $58 ;
ok © wOoaiy GSUiAness rrevaiedin trae Set ee a _—~ ; — : |
2 A S¢ nn ty —eaginngn At YU paddies COMMON fAvoTIhs Gideach hen Gig sie :
socom AATLOES 3.238 riGe ging OT # 7fSicn nay > xe; fp

ili aaa

a

HDi nce

ae

ae aba ca Wh dh itt,

7]

We

TR i ite Fe +1
sary. A tow minutes isles Rinward Heath be showed mhi'ate x: fe
ae a hath kee ighé Of realizing what had been said?
was 18 brought from the jail by the de- i Mr. Amsden then apoxe of the scene!
puty sheriff! and took his seat bofera | Vhen- Edward, the son-of Mr. and iAn
Sirs. Rinkard died, and. in part, said: j
che judge to hear the verdict “The jiuhuman acfions of Rinkard { -

3

. ; When he wrs breathing his last were
? ahead ri + * > 4
rhe court asked if the jury “had / (simply. Ma nature and was-it-not this f
1 s . T2727 - H
< Siz e Aa tires OI Sah c RUECC itZ iat da

reacheu 4a verdict, and Foreman. How-~ {222 : sae Jalen ci whos

jard to kil} Lis “devoted .Wife?: At. the }
érstein replied that they had. Then ititime that wife ana mother kivit at |

{the bedside of their dying ROR, Rink | WwW
was that the verdict was read jard, the inhuman husband and father, |
* (Sat at the foot of that bed and talked | Uer
A deathly stfilness prevailed In the | 'insurance, fan’t this enough to con: |
. aS ©
court room after the reading of. tha | vince the jury that it was his “hellish ,

| nature that he showed at the time

U i prod
verdict. Rinkard sat motionless* fn |

and Which was later shown when he? ;
b ; shot hig wife and at ttempted to take ject bs

his chair, and seemed stupitied ¥ tac {his own life? At this point of the |
. re. . ir seent 7 2g i i tene j or
handing of the jury, : atte edseey addre “y ep. any on wee |
' ;eyes Were seen in tha jury gt ers |

‘The jury was out just twenty-one 'in the court recta. When th
/at the bedside wes Spoken of, r
‘ard moved = restics sty about in his |
seat-and-frequently-tool- his-handker; Pe
ballot, the Votes x > rr dea i

thi ott tood ten for tit ee from his face.

penalty, and two for life imprisonment. |. Amsden. closed hig speech Monday
+ afternoon at 3:30 o’clock after a rade | : 80 |
‘impassioned add tes of two hours and a

ra Ee ; jhalf. As he detailed the. suterings of
last, but at length dlelded to the ma- | Mrs. Rinkard- and the brutality of the |

hours and thirty minutes. On the first !

One of the two men held cut until the |

jority, The question of “Msanity was defendant he Frequently showed |
emotion and at times wiped his eyes. ong ‘3
Never even considered, The. jury was ‘His emotion did 3 10t appear affected and | b = Be
. Sf iwic
| iq. | '' §8 claimed? had a materia} ettect oa | * AC
inanimoeus in the bellef that the pris-{,.. See He maid -¢h aS ais
‘DiS BUG itors, ie i ie BOiers Ot Whe ok
. + sliced:
GuEr Was sane, The only question ‘Ne Civil war <= MMGEY OUT
Maintained that +h NGE Hind on:
as thet he naity, i justice in one of their number's mig;
—_ oo. ; deeds, He, near the Coase of his. ad- ‘Salas
"wabash, ind., Feb, i¥.—intense in- | 3

(rer nly « hee t
; ; ., ; oress, exhibited the clothin & and-heart/,,
erest Gas been Manifested all day in! as a

ina
; diet of the jury in the Rinkaec, ©) ~iF8: Rinkard and Uia-iprotrens and:
e raiec of MG jy La nm the minkara | builets in a true iramatiC?m anner. Hila pat
rial, The people of Wabas and the
ieee re ere ot eb an vs po sbeech w was @ strong one and fayorably te
ae r Frys re) .) e 3 7 lr neciiaien em tet -
Pate” Ti Wari ati ha ate affected thase prés nt. Rinkard i
&00Ut the courPeo a ay aw - eal
a ihe : wom all day awaiting | ‘throughout his speecl howed SUD~ taxed
te returo of the jury. The room hag

eras: Sen pressed emotion,
ten Hiled al] day with the interested |

4». & to the box to revelve the indgo’s
oeen Indulged

Much speculation has b out at es ee ee ee

of te

- After a short recess the jury was calle preg ae
Slectators af the trial. +

. —_— ; = “TE og ~ FAGOM ANSP sits Moauliig Vi ei wiewm yea en ae

ze - ~ . ants = Ns a ee oe thwr
= . aa ™ Se <a |

|

:

.

|

|

|

.

=
=

st

Roles ae tena;
re

| Sheetal ta the
Pekin,. FE ed.

]

SILAPAEDAOPDEAPEPPEOEAS LLEOTOLEALUPEU CORLOUUIUT EOLEAEL EAS ABEAPDEOOEOGOLEDLL LE,

i sya as Od aetna ane

WABASH, ‘Ind., Feb. 19.—The jury in the Rinkard

trial brought in the following verdict: “We, the jury,

< : ters have no
Gnd thedeffndant, John Rinkard, guilty of murder in.

tentlaries thaje

the first degree and assess as his punishment that he Sinan Fu will b)

SIPIIEREEL 4 where Fe Le ee hoe
ne eae

PELIEPEEOALAPREIPRAIPP PO CAT

‘ ¥ , 1? a zs

suffer death. ; ss | lasue satiaga

f= eccmnenenninannnne tecenctes ieciaett Atco tPAC ON SN Saath ishment of ‘Be
i

fj
}
|

ry Fa ac
4

At 1.39 sfeleeh court was contened to

Breached, the people flacked ‘Into the
~gurt roo nito hear the decisiou of the

ury, A fow minutes later Rinkard

ee

+

een 71 tie” ministers
wna |
pectal Correspondence to the Chronicle. he would loye Laura Peoler, ay aince | { re
pee ates, Cay ‘that time and moment-he-has been 24 bake
At 1:55 o'clock a slight tapping on ten oFed Snibrdebes’ oes bie. wife One | Li
the oor ef tue fury reem jucicated | Kinkard has tiany peculiarities. ‘but |
they are no signs of ineanity,as iis. :
Qeharetbe jury hud resell a verd.cc. counsel have endeavored te make you.
believe.” At this point Mr. Anis-
dep -produced the bullet. and askeil, ‘United £ +
hear the verdict. Aa the news flew) “if they “considered Rinkard tusane | sue. ve
-when he-sent the misetle through the >
ver the town that a yertiot had heen -heart of hia wife.” When the bullet.
‘was. placed hefore the surys ‘meres ae
‘became very nervous, aud-aftorw ard;
‘whenever reference Waa we byt io the; OPPOSE
‘homicide, and to hia. betng put to}
death, he showed’ ‘unailetakeandte j
sisns of realizing what had heer said.
@vus Lrought from the jali by the de- Mr, Ameden. then spoke of the neat
sutry sheriff! and took his seat before | Whea Edward, the son of Mr. and |

An Expeditio

, :
; * — ° oa fe { Pr
Mra. Hinkard died, ana, i part. ald: H Gy tn@:iz
> , t . : ; a ae % ie « ¢ j .
he judge to hear the verdict i The inhuman actiona of HMinkerd |
when he W2a Dress is jiast were
- = = ~ es 3 7 ‘ 7
MPT ase<eG fi sit? rey Rts vy bis naire sa oR ¢ ¢ ;
= be See 64 See te S KE ead ye aé
4 Fe irs t AtePr ft - Sis <
#4 a 4 very *¢ att il we TRIE ii‘
1 . 2 a oad .
rai t42 aah 3 Peek BOTS 38 ad bt ti
: - “4 Fy ? lore hate «ifm ane mofaer uwnelk aA Srweiad ta. Ti
Arstein repiled that tires fyaath. Chen gb tite TAAL Wise an 1 meather nel at: ie : eee a
: ™ ty ts 3% ‘hie <i ee ae, ee ‘ ‘
the bedside-of their dying son, Kink. Washingt
‘an that ther Verdict was rea'r ard, 780 INREMAN UWHEDRTAS wad rs
sae at th fas of that Tick es : wy SEMPRERY a
A deathly atill cited an the | Sat ee he Sot OF CANS hee ane taken
€ ; 2 NneaA prevyawed i i 5 a ;
. atnly sa ’ c *’ tinanranco, -isn’t thim enongh to cot
¢ » s as ia FE acy
: vinee the Pen? it wae 4} h
vurt recom: after the reading of (h@. the jury that it wee bla heillsh ;
. : : amis — ; i . by tis t
Rtur inat me 8D ee it tae tin Fae ite 8 ete;

erdict. Itinkard zat motionless‘ in and which waa tater shown When Aes

. ; ;  jahot hig wife and : attempted, to. Jake jiegles. gxpedi:
waiS CHAT trui seemed slop pised OS. MIS tate: nee OA 2a eS ins Deane nbc PS

“. RT RTI SS ee F * + pire
aletecmearelil ONE ET PT ae i 2 Se BOs ore


n. +. Sool, David 5 white, meee at LaPorte, Indiana, on June bb, iil ee ae ie

sau eatiabanen mentee atoin ans 55 OM Ee TO ie ION

Sate

MURDER OF JCsSiiva COPLAND
InN Kai MAGALE TOWNS iP
February 1, 1836

Joshua core ane lived with his father on the farm of his father in se.
nenkakee Twn Ue heard, in’ the fall, that he had been Lcit- 4 ter BaCy
by the father oz ‘his mother in Vircinta,

t
'

levacy. «aA youne non by the nane of Davia Seott, who worked fer his”

en

2G left as soon as. the-fall verk wos done to -o to Virginia to rot hisie >

Father, went with him as far as Ghio to Scott's nother’s home, ~Cop- 4 =

land went on to Virginia to set his Leracy, atout= t= hundred dollars ao.
in gold and. silver, and on his way home Stopped at Scott*’s mothers canegs eee

home and sSeott- started back with him. bout a nile from hone they
stopped at a pond to water their horses, While Copland wes breaking

‘the. ice to tet thedr horses Elina Scott shot hin ia the back of hi is

head.

vel % + 4 a ‘ : wo sew bi

Jebediah’ Austin’ whose arm was neark heard the ehot about 6:3G Pin,
Ys

@ cite

und went to investisate de found Capliand Gead, Austin went thru the ~ a3

woods to Joseph Stonton's house on the Michican Road.” They re turned
and took Conpland's body home, Then they organized a POSS® of neitkhe —:

bors and followed Scott's trail, There had been a lieht snow. ft was

Casy to follow pep ane 3] Brot t Us horse had date one. shoe, 4 es

The. folloning: neLahbors were in he posse Beside © Stanton and Austins oe
evn: Ireland, Jacob Wagner, John bush, and his sons isaac, David, and ee
“ Abram, and Upc ee Miller, They Rot to La torte and picked up Sherist ere
a2 Sut en Van Pelt, and who picked un some. other men, They Tollovea
<*“Beott"s trail to the house of Sones: Andrew who lived off Joliet Road, ‘
ar. He toig.them-he had seen Scott PASS a Short tine before, They folioeee

ied the- trail. of, Scotthto Pottinger Lake, about a mile south of wheres. 2

“3PkRe Trial of Rav
—8Ouse; EBooks 5

Sos ae eee

The ‘above was Seal. to ne by Janes Sush and by Jeseph Heald, GFrenason =
“OF Joo Stanton. < ue ae oie

i
ae De Zad
cate frie eee Gene McDonald

The saddle bag, carried by Joshua ‘Cope tane that contained the gold
he oan from’. Viginia, is in the, ba Porte vounty hee . the

dS ‘ : Punhen,
ees Hp ee ; RT te aa ~~ rahe craasrenenaal

The aes: is also ‘told by” Mr. “MéBondla: that Davia | Scott rode “to his aM

pangeng on the pine’ box which. was ° Lo’. ‘be his. cottins

The sheriff is said to have offered |$5. 00 to aryone ahe nould © out a

Scott's body down: alter the aoe ee ‘but. had 1 no ete

4 eee oe mee ee
si: caress atege a sereiaap lsnbetypimt int! -seicngnina pie svete oan

oe ae Tana mri

me I RN he RR RE 6 erm
Sy rene ae en eee ae

scott 13 in vaults of the La Porte Circuit Court 77:

ree ees ee 3 . ”-_

2 the County ‘louse is now on the Joliet Read, and overtook Scott there. 2
ey Copland was Agvears ee ip: Bie ae : : 8 Ce ea


ts

eciem ate me.

een

ON ES att ae ene ni 2

es Lie ra 7. a: ay ee fod A Pe) ie Coie : ee

f 1. Liat ‘ egkm. Tl, As Cesk Pd a due = Cee See fee ee fe ey 3

< (14.6°
i LA : ‘ es
a ; : 2 ae:

« “2 : ; ee ; ‘ . i oe ae vi -
/). £ Ae Le, T7 . poe apes Z ; a es a 4 we ce: -! 3 ;
Coen J is Ge f .. “Bree-e be C. ds ef Ol ae Pe ee CBE cee OT: og. wae < Fecagmet fi = fh coe ee Geet ra

thee @ ee jel ee Za | Oey a

ged’

ZZ ober wih J. “6

: pre . e Bee r 4 We re: : — any *
. /) ‘ . oh wre t : ‘ = : Re Ve ps ty aS § : : ‘ ; . \ ee
° A CCDS By be ve ret es TC. me a3 : ; : : F * is tos * $ ‘ * :

i le Se : oe a Le

Beg Oi Ra Ne a oe, - ‘ . /
e Pe tone | 2. bert rae} ‘c en, pl Or k AAR OM at : arte
rare ugh o> ~ Ke eS + hoa,

. Po
< "
~<

is ee oe eee: singe OG caragh
(Are EN poe ier S22 “Cer nts ves Gee las fe wtacre Le Ger aes epee h hs wae ti LZ, ee es we. 60

Cee ae tO 4 a ol eee ee, oe: , eg eo -

4

Fue Loe oa eae eos 2 Ce gfiawne < oan ee

i el. 2, aes pote SOE: o- Le, ra ne pees

i Gh ®

ig tes es mi Ae : + |

es " emer. nee ae lees : a eee ‘ De calc wr a P py Pe ‘ be

Ler & De
‘7 C cao ; as >: pay ok ay at Loses BS _ 5 it
Dus Ae: ae Dever. “6-45: ¢. ee ay 2 wa eho. cL on (ton cvme i OE: B PR he 'Feane an 3 , if ie: oe ee ve ak Lg 3 ae ee

ag : ‘ : Poste ve ;

es pore ; ; oo!
« ¢ : ae gd ia pone os: ; de: e
‘ if rae) i; et kbs Glatt s > . ¢ er a ie
wt As. Lu ff f es ie. ‘A & ; bee 7 ae) eh: Le fee wa et ote anes Sea dae Aone hae ig Ee oho ae pk 2-8 “ citi 2 i ad Oe, i ae Koes Pn wage
oe face ne we r _ we
pa . ie

oe a oes é- era ca “3 aa ven enc bee mecl: to ae ; ‘3 ~<-e. oe fa ree BOE, < BE. : ag. } eo Ogee Goce f
VE bE Len =

fers wit SIE go ve ye er
3 see eae yet Co ge Be: a Ces (aoe “SF
ae Ae 7 ig
ces RTE SS Ber hengh
nee ld Ch KER. eg? LSS we

‘ . i” pen ty ,
> ; ve ee a eas sh wo ve
ae fi ee Le rece: LEE Be ee

2 . ai

Mehl rn ee o

on } wat "ai aie a f : Be fai ia ae “
Se chee pens: or dete Lonoke = mee inlet cheer 1 a o ieee hon mah eI, a os os ~——e> — : ile Sat hen Se <n Leng

Vote Cm LOS C%: LG ee epfrece 8 a
Soy iene ae vebree —E on t aaa Eas ~ Zo pon al Maple ton tt a bre ihe
has Ue te weets fo yee, aA ae Se. i
POR aes A : <
: : ~ 7 Rs ae ‘ Wo
oe ¢ Eire seated SE clonic? iw! a ore : By ger ictal tll eed Oe Oe ceed ee
+ 5 Pepa. : a ai :
M pe ae eee oe 2 ae
j ae CED reer . Corea: <f ee ee. en ax. oe on a ve LOR, ry, a ¢
£ rarer

eee bce eek) an pee TIE. i ent fe a HES et hae rer

ee eae) Sana
) Soe hed
Poy a a

‘ : ° a * while Se tee 6 Py feet ere
pe net iets if te
ee bpm eK heer Co, ”
1g eek ae jis i
ny ae yr tery Stare
‘ ‘
1

eae
. as

SN i ee : if Boyackiy
Pine, c aa i fF ee, whew oe Aarbad 2: v2) (pe a Ped ta ey
“4 Ru Spe rs ' f° “

RZ “ rere wt hen Mec Cee COR Or

Eb Mas 27. CD. a ee

Cae

Pte rnin DT Neb §

an

Cee Bee

=

pel Site dens Ep pain nw.

©

DT ides or wean

AP ERY re xe tee.

A ee epee ee ee

Oe en nnn Aen eo gapcnan b

ww wees,

Sale

ap tetas ime oe Ae ee et trees = . id i
~~ heal eteademteiouiientniieat eam a

ie

el wt rr te oe

$n rine ee

Ne ee eee Po CARP Sree mae”, ]
al MR ee 1 OS ene

ant pn in inci pi arp py

ge

apts how Bia

ty

4
“4


ee

D..Richardson, in #Garpered Sheaves,” says:
=“This age has given us Tom Corwin, the ‘Ohio

swagon-boy,’ of wit so matchless, of voice so
=meliow and organ-li ke, of oo swarthy as if

ot his day; on the aoe a series of transitions
tween Demosthenes: and old Burton.” .

“Eemessed his arrival in LaPorte county, which was
z then a frontier district, its lands largely tunculti-

sevated, much of the country being yet in possession

22nd progress was just beginning, and in this Mr.
325V an Pelt took an active and helpiul part. ) He was"
Seeclected the third sheriff of the county, ane was

oe - BISTORY OF LAROEE COUNUY = = igo

_ a residence in LaPorte county of almost half a

_ -an-active member of the. New church and a (One|
ie sistent : Christian . gentleman. - - He- possessd 2
‘strong will, firm determination and resolute spirit, -

= Ww here e ae until 1834: ‘That year Wit-
“ity upon the public life of the county and upon the |
policy which shaped the county’s history, -and his
: memory is s still cherished by. OieSe eno? ‘knew hiro.
Se0t: the government. The work of improvement | - - :

: in. LaPorte county, andthe: First National: ‘Bank, -
seebrave and fearless in the. discharge of his duties.
24e performed the first.and only execution in the

Sy ee

=pcounty, and when asked why he did not employ. who founded it. .LaPorte: honored .him. ee

murderer. It is my duty and I will do it.”

meir. Van Pelt engaged in farming and for ten

“

2 ali speculator.

>Mr. au an Pelt’ was: ee eee Dpeed In

=

cefiity-five years ; David S., a resident of Cincinnati ;
eand Carnilla, ‘the widow of - ‘Aurora Case, who is
#2tépresented elsewhere in this volume. For his
second wife Mr. Van Pelt chose Hannah Bridge,
Sxho was born in Woodstock, Vermont, and nee
“Srho died in infancy ;and Corwin Beecher, who tor
a number of years was a manufacturer at South
: =Bend, Indiana, but is now a resident of New York
city. The mother of these children di ied in 1848,

“a substitute he replied, “I would make as Be :
“devotion to the public good: His:friends enter-" ©
“When his term of official service had expired _ tained for him the warmest: ‘regard by reason‘of ~
Svears continued to engage in the tilling of the ©

Sail ae excelent ae _He gathered rich har-. mn return for the thoughtful care and consideration .

+o the grain trade, Bone an Sesdy e a Ae ae
AS the y oe os he added =
Case estate was. transmitted from.father’ to“son.:
“The parents of Aurora :Case: weré Aurora: sna
n’ Elizabeth Case, and in their, home :the son spent
2351828 he -was joined in wedlock to Miss. Juliette 5
=s2Squier, a native of New-Jersey, and three chil- fi
eedren- were born to them, namely : Alexander, who’
2diéd in LaPorte, nee in 1885, at the age of .

ties and advantages..:‘Accordingly he arrived in -_.
_ LaPorte county, Indiana, the population of which _ ae

years he was connected with the business ‘life and
Sthad-three children: Tom Cn and Halleck,

oN

| Pe eee. en Da am) res LS

Prin tee = pe

and Mr. Van Pelt afterward married Miss Rachel
C. Andrew, who was born near Cincinnati, Ohio,
a member of the well known, Andrew jamily of
LaPorte county.. Her death occurred in 1895... -
Mr. Van Pelt passed away July 10, 1882, after

century. The community thus lost -one of- its
honored pioneers and valued citizens. He was.

esas

eee

i ie

a

ie

A)

Teen gr

and his actions were:at all times guided by justice =

and troth. He left the impress of his individual- :

ihe name of AURORA. CASE- was long an =
honored. one in connection. Wi ith finaticial - circles

4 ,
ell oie a
‘1
pYigayh

yi
pit

zat

of which he was the ‘first: presi lent, still+s tands: =
as a2 monument to him.and: hi s business. ese

of an -irreproachable. lifeand by» reason< of. his

is

x

¥:

his many excellencies of character ;:and his wife.
bestowed 1 upoR him the love which is-ever’ given

;

Mee ener hey
eats,

t f

a devoted | nu isband., ee : :
ene Since ‘him asa’ hative-son, a ;

birth having occurréd-in: that. state: ~August 22
1813... He represented-one: of: the ‘old: New. oe
land families, For over:two hundred-y fears athe.

RNs ees Zo
a ze
Tee 3
ie ot ;

sibel s
Nicmin yes

rary

ane

yeh

By

a

the: days -of his. -boyhood : ‘and: youth, -amid “re-_ e

ement and e elevating ‘influences. -He'acquited a ©
good: education. in*the public schools, and: then S
resolved to establish his home in the great and
growing west with its-broader business. oportuni-

was then, in 1836, very limited. . Through ‘many

‘commercial expansion of this section of the state,
and his efforts wrought for the general good as
well as his individual prosperity.

In -1838 he purchased a large number” of
wooden clocks in Bristol, Connecticut, and by way

Te ae

- as

x

a

iY


Ziyon Ishva- Yisrayah

Ziyon Ishva.Y israyah
STOP INDIANA DEATH MACHINE

The execution date for Ziyon Ishva Yisrayah (Tommie Smith), who is on
death row in Indiana, has been set for June 14th.

People of conscience can petition the Indiana Parole Board and the
Governor of Indiana for clemency for Ziyon:.

Indiana Parole Board

E321 Indiana Government Center South
302 West Washington Streét
Indianapolis, In 46204-2278

Governor Evan Bayh q
Office of the Governor
The State House
Indianapolis, IN 46204
Phone: 317-232-4567,
Fax: 317 232-3443

Send copies of your letters to (so a tally can be kept of the pyblic response):
Human Rights Coalition of Indiana
54125 Maple Lane
South Bend, IN 46635

Background:

In Indianapolis, Indiana, the Indianapolis police department made a
pre-dawn raid on the home of Ajamu Nassor (Gregory Resnoyer) and Ziyon
Yisrayah (Tommie Smith) on December 11, 1980. The men and women in the
house were asleep when the police kicked in the ddor and started firing
and throwing tear gas inside of the home. Sgt. Jack Ohrberg of the police
department was killed and Ziyon Yisrayah was wounded. It was determined
at that time that Sgt. Ohrberg had been shot in the back, and that the
bullet that killed him did not come from either of the guns within the
house. Most importantly, when this officer was shot, he had been facing
Ajama and Ziyon. The evidence is clear that this officer was killed by
someone behind him, and only police: officers were in that position.

On Decembér 8, 1994, the state of Indiana: killed Ajamu Nassor. Human
rights workers in Indiana reported that 40,000 letters had been written on
behalf of Ajamu, requesting clemency. All these Voices went unheard.
Ajamu's father, Beverly Resnover, said his son was a "political scapegoat"
for a crime he did not commit, and he predicted that no judge would save
his son: Did ib iat S no hope from the courts, they definitely want to see
him die. Ajamu himself refused to. accept, his death willingly, did not
want to wear the hood over his head, and was forged to dq s0. He
maintained his innocence to the ¢nd.. 'Ajamu's- wish was to expose the
injustice and brutality carried out by the’ state. Gregory Barnett,
Ajamu's son, then age 18, witnessed his father's: killing. He could barely
walk out of the room aftex the execution. Kevin, a brother of Ajamu, said
"It's unfair, it's MB Juay, and it's ungodly,’ x

Today, little has changed in Indiana. “tke his co-defendent Alama, Ziyon

SL CLE NGG

INDIANA

Capital appeal denied

INDIANAPOLIS — The U.S.
Supreme Court on Monday
turned down the appeal of Indi-
ana death row inmate Tommie
Smith. :

The court's action was taken
without comment exceptfora
dissenting statement by Justice
Harry Blackmun, who opposes
the death penalty under all cir-
cumstances. ~

Smith, 40, was convicted in
the 1980 shooting death of an In-
dianapolis police officer.


Ziyon Ishva Yisrayah

Yisrayah now faces the count-down of days until his killing at the hands
of the state, He wonders why the killing of Ajamu barely was noticed by
,people throughout Indiana. He wonders how many more killings there will
be. He wonders when true justice will reach the lives of all people,
including those of African descent and those who are poor.

Must another "legalized" and “sanitized” killing take place in Indiana?
Many people around the world have already written on Ziyon's behalf. It
is time to write again. The forces of the righteous may not be able to
stop Ziyon's killing, but surely there are numbers enough to try. Do not
let Indiana kill again and call this "justice." Do not let executions in
the United States continue without public outery. Focus, region by
region, state by state, and case by case to expose this abomination and
this abuse of human FAURE: vit

The death penalty is wrong, it is racist, it does not deter crime or
violence, and innocent people are killed by this form of "legal lynching”
which is no more than state terrorism masquerading under the cloak of
"justice." Be counted among those who oppose capital punishment. Dea
whatever you can to support Ziyon. Put the spotlight on the Indiana death
chamber. Ask for clemency: Demand an end to the killing. Put your
bodies on the protest line. Put your computers and phones and fax
machines to work. Speak out now, Write i care Join this struggle today.

A reek oe ee eae in~ Indiana against - control. unit prisons and the death

penalty will take’ place on May Athy “doin ‘this: is “if you ‘can: |

‘May 4, 1996
Midwest Caravan to Terre Haute and warlisle Valley

The Midwest Region of the National Canaeran to stop. Control Unit Prisons has .
organized a caravan to, Indiana's new. control unit, the Wabash: Valley
Correctional Institution in. Carlisle and to the Terre Haute Penetentiary, the
federal death penalty prison in Tpataue and Cher ote wnere. Puerto Rican POW
Edwin Cortes is imprisoned, Laas
The Caravan will be leaving erie Puerto Rican cultural Center in Chicago at

6:30 a.m. and will pick up additional cars. aie peveparrere at sites ‘along the
way. : i

Join us ce xaising our voices against thess barbaric, ‘dehumanizing control
“unit prisons! ‘

sh Sip

Contact the 8th pay center for Jistive at 8122 64 “5151 for more > information.

i


So teen)

ZIYON: July 18 Execution alert!!! Page |

ZIYON: July 18 Execution alert!!!
EXECUTION DATE SET FOR ZIYON: July 18 (2 weeks away)

ZAP BAYH AGAIN NOW.

(1) Information update:

The Indiana Supreme Court has just set a second execution date for Ziyon Yisrayah (Tommie Smith).
New Date: July 18, 1996 ‘

There will also be a second clemency hearing before the Indiana Parole Board:

Wednesday, July 10, 1996 (9:00 am)

Room C - Indiana Government Center South
302 West Washington Street

Indianapolis, IN

The members of the parole board will announce their decision the same day, at 3:00 p.m. on July 10th, in rooms 4 and 5 in the
“conference center" which is located in the same building (Indiana Government Center South).

(2) Take immediate action:

ZAP Bayh and the Indiana Parole Board again. Demand justice. Demand a stay. Demand an OUTSIDE panel investigate the
facts of this case (not a hearing before the same review board).

Governor Evan Bayh

State House (Suite 200)

200 W. Washington Street
Indianapolis, IN 46204

(317) 232-4567 phone

(317) 232-3443 FAX

email: “Governor's Mailroom"

Raymond Justak, Chair

Indiana Parole Board

E321 Indiana Government Center South
302 West Washington Street
Indianapolis, In 46204-2278

phone: 317/232-5737

Even if you already wrote, PLEASE WRITE AGAIN NOW!
(Send letter, fax, call or send email. Send petitions. All messages help!)

(3) Commentary:

It is clear that the government of Indiana (represented by the Indiana Supreme Court, Governor Evan Bayh, and Parole Board
Chair Raymond Justak) want to kill Ziyon Yisrayah as quickly as possible.

They are giving the veneer of justice and legal process to the so-called clemency proceedings. In fact what they are doing is to
move fast now before there is a chance for more political opposition and controversy to develop. We know that there has been a
growing grassroots resistance to their plan to kill Ziyon. We must assume that Evan Bayh and Raymond Justak want to kill him
and thereby rid themselves (they think) of political flak.

We should ask lots of questions:
* FACTS NEVER HEARD: Why were all the facts never heard by any court?

* HEAD OF CLEMENCY PROCEEDINGS MISINFORMED AND BIASED: Why is Raymond Justak the person who will
preside over the second clemency "hearing"? Why didn't Evan Bayh appoint an independent panel? In public statements about
this case Raymond Justak has desplayed an imprecise knowledge of the physical evidence, thus undermining his own credibility

+ ee ew mewes

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‘Ml 14 years after
‘the slaying of a
‘police detective,
ithe state executes
‘a convict who said

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By Barb Albert
ee STAR STAFF WAITER

‘" Michigan City, Ind. — Gregory
*Resnover, who spent 14 years
fighting his conviction for killing a
tpolice detective who was coming
‘to arrest him in the slaying of an
‘armored car guard, was executcd
‘early this morning.

«i. The 43-year-old Indianapolis
‘man was pronounced dead at 1:13
‘a.m. EST after his electrocution at
‘the Indiana State Prison.

an Resnover's
allorneys gave
up their legal
challenges to
block the exe-
cution about
8:15 p.m. EST,
The U.S. Su-
preme Court
and the 7th

te U.S. Circuit
eee eh: Court Appeals
on in Chicago
Gregory both turned
Resnoverwas = gown late ap-
the first peals Wednes-

- prisoner to face day night.

. death in indiana

- Resnover
since 1985. Wak cans

demned for the murder of Indian-
apolis Detective Jack Ohrberg,
Who was cut down by semiauto-
‘malic rifle fire Dec. 11, 1980, on
the porch of a Northeastside
house. Sixteen bullets were fired,
though Resnover never struck his
target. Ohrberg was leading a po-
Jice rald to arrest Resnover and
others In the ambush killing and
robbery of the armored car guard.
4.“I flred a couple of shots toward
them,” Resnover told The Star in
3980.

**.Resnover's words are what
Prosecutors, the state attorney
ipa’

fe °

Snover

ee

iO

Resnover interview

The Star's Lynn Ford was
the only reporter to interview
Gregory Resnover in his last
hours on Death Row, and Ford
was the only journalist invited
to witness this moming's
scheduled execution.

Ford's interview with Res-
nover and his eyewitness ac-
count of what happened this
moming on Death Row will be
published in all editions Friday,
along with full coverage from
other staff writers.

Inside

8 No video: The Indiana
Supreme Court refuses to let
Resnover's execution be video-
taped. A2.,

®* A poignant plea: The
foster mother of Steven Judy,
who was executed for four
Slayings, says nothing is
gained by carrying out the

-© An editorial: Why clem- |
ency denied discusses Gov. ' |; F
Bayh's decision not to stop the *
execution. Page Al0.°:

® Silent victim: Lost amid
the Resnover death penalty de-
bate were memories of the life
of William Sieg, another victim.
Page BI.

§" Dick Cady: What will we
learn from the Resnover case? .
Page B81.

general, the Indiana Parole Board
and Gov. Evan Bayh largely relied
on to justify his death sentence.
The single man, with eight
brothers and sisters, Is the first
person to be put to death in Indi-
ana since 1985. The death penal-
ty was reinstated in Indiana In
1977, and since then two prison-
ers dropped their appeals and
were killed. This ts the first invol-
untary execulion since 1961,

Resnover spent much of

See DIES Page 3 ©

death penalty. Page Aa ae A

Os eee
we NRT eee ee

By Rob Schneider
‘ STAR STAFF WRITER

Michigan City, Ind. — With the
last minutes of his life tcking
away, Gregory Resnover remained
calm and his heart full of love.

: That was the description of the

“condemned man given by his old-

an

> .

‘eNeEW SHOT

les in

ZADIANAP EIS Sa

er brother, Dwight Resnover, lat
Wednesday night.

- As the state prepared to execute
Gregory Resnover for killing Indi-
anapolls police Detective Sgt. Jack
Ohrberg In 1980, the parking lot
across from the Indlana State
Prison came alive.

The prison drew scores of pco-

Man stealing gold chain shgots 2

electric chair

ple who drove along Chicago
Street, slowing as they glanced
toward the prison that houses
Death Row and the electric chair.

As festive Christmas lights In
homes near the prison (winkled
on, Michigan City police cars sat
at intersections near the prison,
thelr parking lights blinking out a

clerk at Glendale (

: ce A Star Stall Photo / Patrick Schneider
SOMBER VIGIL: Beverly Resnover (center), father of condemned murderer Gregory Resnover, and other relatives joined
supporters at a rally of death penalty opponents outside the gate of the Indiana State Prison late Wednesday.

Resnover stoic as his time ran out, brother s: ys

more ominous message.
Barricades were set up to pre-
vent access to roads rufining past
the state's oldest prison.
As the time neared for Res-
nover's death sentence to be car-
ried out, his family kept proclaim-

—

See STOIC Page 2

er NOOT!

i A

i
i

auuied More than SVU,VUU Tisn in
the White River in September. B1

@ European IndyCar? The mayor
of Indianapolis’ new sister city —
Monza, Italy — hopes so. B1

@ State legisiators listen to a
hard-sell pitch for higher-educa-
tion funding at lUPUI. B1

& Madame Waker Center will
seek to build a national reputa-
tion without its longtime execu-
tive director. 83

B indiana sherit!s-elect go to
school as part of their training
before taking office on Jan. 1. B4

BPS police officers working
nights, weekends and holidays
may be packing heat come this
summer, pending final board ap-
poe of a new weapons policy.

3B Huge water bill won't have to

be paid until Carmel ofticials in-

ae further, coupie is told.
1

SUNRISE

@ Rich Gotshal looks at the top
10 most influential books in the
20th century. E1
@ Now the fun begins for Indian-
apolis native Karen Durbin, re-
cently named editor of The Vil-

» lage Voice, ES
@ Public radio WFYL-FM (90.1) will
be singing more of the blues
beginning Jan. 1. E7

BUSINESS

@ Justice Department is demand-
ingthat Wall Street brokerages

~ . BIN Qunc Masdaotradion reraris |!

Het Menon ©

STOIC

Continued from Page 1!

ing his innocence.

Dwight Resnover described his
brother as calm during a late af-
ternoon visit and his altitude

hopeful.

Asked if Gregory had a final
message, Resnover sald his broth-
er loved everyone very much and
wasn't the brutal person depicted
in the media.

He said Gregory was a smart
person’ whom people often sought
out for advice, whether personal
or legal,

Dwight sald Gregory expressed
sorrow for what happened to Ohr-
berg but maintained that he was
not responsible for the Dec. 11,
1980, death,

His reaction: “I'm sorry for the
Ohrberg family, but | didn’t do it.
What about me?”

Diana Ohrberg, the policeman's
widow, and some Indianapolis po-
lice officers were expected in
Michigan City on Wednesday
night to support the execution, but
they intended to keep a low pro-
file.

Other Resnover family mem-
bers also maintained the state Is
killing an innocent man.

“They may torment him in the
flesh, but they will never have his
soul,” said Pat Resnover, Greg-
ory's sister. “I love him. | always
will. The state of Indiana is getting
ready to execule an Innocent
man.”

*fttht oe.

While the Resnovers spoke
from a personal view, other groups

were on hand to protest the death .

penalty from a moral viewpoint.

William Pelke — a member of
Murder Victims’ Families for Rec-
onciliation — sald people must
learn that violence Is not the an-
swer.

Pelke’s grandmother was
stabbed to death in Gary, but he
has been a staunch advocate
against the death penalty.

“| was taught In church to hate
the sin but not the sinner,” Pelke
noted.

Pelke doesn't suggest the crime
simply be forgiven though, but
that other alternatives, such as
life in prison without parole, be
considered.

Others from groups such as
Amnesty International and the Il-
linols Coalition Against the Death
Penally chanted slogans about
ending the death penalty as
guards at the entrance to the pris-
on watched.

The sentiments were much the
same outside the governor's resi-
dence In Indianapolis, where
about 100 death penalty oppo-
nents staged a late-night vigil.

Dave Rozzell, a minister at
Light of the World Christian
Church, was among those singing
religious songs at the prayer vigil.

“We're here because we belleve
in the power of prayer,” Rozzell

eee ee eee er ee eee | TE Adib cb rn RO OM ap be fe to

CRUEL AND UNUSUAL: Death penalty opponents gather

~

:) Oe

Associated Press

outside the governor's residence to protest Gregory Res- -
nover's death sentence. About 100 people rallied Wednesday.

elet YG.
sald. “We believe that prayer does

change things ... capital puntsh- -

ment {is wrong. Killing of any kind
is wrong.”

Outside the prison walls,

Dwight Resnover sald he left his

brother with a simpler, more per-

ae

sonal message Wednesday after-
noon: was

He told Gregory that he loved
him. .

Stall Writer Sherri Edwards contribul-

ed to this report.

a ehtlan nln pase pupremanbonrienadteee Lam eee

. Case.

wee wee te we vee we cones

In deciding against Issuing the

.{njunction; Yelton by wings a pas-

sionate argument from Waples
that other methods of execution
are less painful. i
Waples cited statements from
doctors who described how elec-
trocution mutilates the body by,
burning it. The electric chair -{s
tantamount to a medieval torture
because the process causes the
flesh to burn and the blood to boil?
he argued. “
“We should treat our prisoners
at least as well as we treat our
pets,” Waples told Yelton. He was
referring to the Humane Society's:

. ban on killing animals by electro:

cution. : te
Indiana Deputy Attorney Gener-,
al Miguel Rivera argued that the
issue wasn't about the electric
chair, He says Waples was just:
trying to find a Judge who would
stop Resnover's execution. te”
Rivera also sald courts have.
ruled that death in the electric
chair is not cruel and unusual
punishment. : we
The issue was ‘argued again,
Wednesday because Waples asked
the prior judge on the case, G.’
Thomas Gray of Morgan Circult,
Court, to remove himself from the,
ai

"|e
“

CORRECTIONS |

The editorial “Crown,
for Downtown” on Wednes- __,.+|:
day neglected to say that the ;,:]°
American Cabaret Theatre

will be among beneficiaries

het ele LL ss ce heey Wsnlouneort yh, wel

Ln Dianar-tis STAR [2-F Fk


lo

1m,
THURSDAY, DECEMBER 8, 1994

‘Slain guard Sie

M His death in a robbery led Ohrberg
to fatal confrontation with Resnover.

By David J. Remondini
STAR STAFF WRITER

Playfully, the husky Brink's se-
curity guard waved a $20 bill in
front of his wife, teasing her that
he'd buy her a fancy tea kettle for
her 60th birthday celebration that
night.

The next time William Steg's
wife saw that $20 bill was hours
later In the emergency room at

Methodist Hospital on Aug. 4,
1980, as she was handed her dead
husband's personal effects.

Sieg had been ambushed in the

heavy-appliance section of a
Northside Kmart and shot to death
by Gregory D. Resnover as he car-
ried two bags filled with nearly

$50,000 in cash to a waiting ar-.

mored car.”
Indianapolis Police Detective
Jack R. Ohrberg was investigating

ANAPOLIS

STAR
SY

a
‘ ; a
4

Sleg’s murder when he went to
the house on Oxford Street on
Dec. 11, 1980. Ohrberg was shot
to death as he tried to arrest Res-
nover and accomplices Tommie J.
Smith and Resnover's brother

. Earl for the Kmart holdup.

: However, the bullets that
snuffed out Ohrberg's life that
morning and earned Resnover a
death sentence also drove Sleg's
name from the public mind.

Sieg became a silent victim.

Subsequent media coverage fo-
cused more on the murder of a
police officer in the line of duty
than on the slaying of the man

SP eS Be RSE MN AU Ae Te od CALE ae igh dyed Mae Ie cb Lol A
Ge tet Rl FG aos Cet eh be aa igands 88 ae Ee A

that brought Ohrberg to the house

- on Oxford Street.

“Killing a police officer ts
viewed as a much bolder act to
begin with, and something that is
going to bring greater community
indignation,” remarked David A.
Ford, an IUPUI sociology professor
who used to ride with Ohrberg.

In the years that followed, the
53-year-old Sieg was commonly
referred to only as a Brink’s-secu-
rity guard, rarely by name. During
the past five years, in the archives
of The. Indianapolis Star and The
Indianapolis News, references to
Ohrberg outnumber references to

g is the forgotten victim

Sleg bya 10-to-1 ratio.

“This is a celebrated death pen-
alty case, and the first victim {s
forgotten because he is not con-
nected to the death penalty," ex-
plained Michael D. Carrington, an
Indiana University criminal Justice
professor and U.S. marshal for the
Northern District of Indiana.

Sieg's best friend and former
partner at Brink's, Oscar Weekly,
said he thinks he knows why Ohr-
berg’s death generated more pub-
licity than Sieg's. ,

“The type of work Bill and | did,

See SIEG Page 2

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THURSDAY, DECEMBER 8, 1994

SIEG

‘ Continued from Page 1

well, we were a service industry.
We could be replaced, while the
police have the empathy of the
newspaper, the city and the me-
dia. He (Ohrberg) was doing a duty
while we were doing a service. |
-think that is why it slipped away
so fast.”

Although Sieg’s name has faded
from the public consciousness, his
family remembers. And relatives

-don’t begrudge the attention paid

to Ohrberg’s death. ;

“Il never had any resentment.
We are private people, and we
have made an effort not to be
found. But the point is, we and the
Ohrbergs will stand tight through
all of this,” said Sieg’s 41-year-old
stepson.

“If anything, I always thought

“If | live to be 95, I’ll never
get over it. If he (Sieg)
had dropped dead later
that day of a heart attack,

we’d all be over it.”
William Sieg's stepson

there could be resentment (from
the Ohrbergs) because Jack got
killed trying to bring Bill's killer
in. But the Ohrbergs are special
people,” he added.

Widows form a bond

For privacy and security rea-
sons, Sieg family members asked
that their names be withheld.

Sieg’s widow sald she and Ohr-
berg's widow, Diana, have devel-
oped a unique bond forged by their
common tragedy.

—

- 1977 Photo

FORGOTTEN VICTIM: Brink's guard William Sieg, slain by
Gregory Resnover in 1980, cradles his granddaughter.

In the years since the slayings,
she said Diana Ohrberg kept in
touch with notes and cards. The
two sat together through the trial
In which both Resnovers and
Smith’ received 80-year prison
terms for Sieg’s murder.

According to court. records, a
witness identified Gregory Res-
nover as the one who actually
fired the shot that killed Sieg.

“The ‘point we want to make, '

not to lessen Jack's death, Is that
two lives were taken. ... My con-

tention is, how many cold-blood-
ed, calculated murders do you
have lo commit before the commu-
nity says, ‘Enough is enough.
Now, it is your time to die,’ ” the
stepson asked. _

Sleg’s lime to die came after 34
years as a Brink's employee, and
about a year or two of wondering
if he were being followed.

~ Court testimony showed the

robbers had shadowed the Brink's

‘truck routes.

Despite his worries on the job,

~the Army veteran continued his

+) Gaeg MMO g te we + 0 wus . eee hss

decadeslong devotion to Scouting
as a troop Scoutmaster.

“He seen to it that the boys got
taught right. He just had a good
program of teaching young people
the right things in life.” said
Weckly, who was Sieg’'s assistant
Scoutmaster.

Sieg enjoyed people

Sieg’s two sons, now 41 and 42
years old, also were in the troop.
But Sieg never treated them any
differently, Weekly recalled.

“He didn't show partiality, even
though in his heart I know he
would have liked to.”

The youngest’ son remembers
his father as an easygoing, stocky
man who enjoyed spending time
with people.

“He was the type of guy you
could rib all day long, and he'd
just laugh and go on down the
road,” the son said of Sieg, who
was born on the city’s Eastside.

Sieg's son also recalled many
evenings he spent at Monroe Res-
ervoir beside a roaring bonfire,
vying for catfish.

“Dad would go to sleep standing
up holding his fishing pole. | can

. remember his standing there

rocking back and forth,” he sald
with a smile as he thought about
the scene.

But memories are all that were
left after Aug. 4, 1980. As the
recorded music played soothingly

over Kmart's loudspeakers, the ..

shots rang out, and the robbers
stole two money bags and the life
of William Sieg.

“If I live to be 95, I'll never get
over, it. If he had dropped dead
later that day of a heart attack,
we'd all be over it,” said the step-
son, gesturing to the family mem-
bers gathered in his living room.

“But murder Is different.”.

FUTURE

Continued from Page 1

After hearing Brand's
and touring the campus,
son, a 1956 Purdue engi
graduate, was convinced.

"It struck a chord with 5

‘legislator, an educator of 31

and as a parent of five c
four of which graduated fri
due,” the former high
teacher said.

He thinks chances are gi
the public universities \
their funding request.

“I'm sympathetic,” he sa

The only freshman Dem:
be elected Nov. 8 in the
House or Senate, Stevens
mits he’s a novice to the
procedure,

But he went to Indiana
sity-Purdue University at
apolis on Wednesday so |
make an informed decision.

“It (higher education) see

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en

‘

1458

Resnover next argues that the district
court erred when it held that a number of
his claims were procedurally defaulted be-
cause they had not been raised in state
court. Citing Rose v. Lundy, 455 U.S. 509,
102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), Res-
nover claims that the district court improp-
erly ruled on both the exhausted and non-
exhausted claims of his petition. Resnover
does not challenge the district court’s con-
clusion that he had failed to present certain
of his habeas claims to the state court.
Instead, he criticizes the course of action
taken by the court, namely, the finding
that several of his claims were procedurally
defaulted, foreclosing consideration of
those claims in federal court. Resnover
argues that the district court should have
dismissed the “mixed petition” (i.e. one con-
taining exhausted and _non-exhausted
claims) without prejudice.

[4] Apparently, Resnover confuses the
distinction between procedural default and
failure to exhaust. Exhaustion refers only
to issues that have not been presented to
the state court but still may be presented.
Engle v. Isaac, 456 U.S. 107, 125-26 n. 28,
102 S.Ct. 1558, 1570-71 n. 28, 71 L.Ed.2d
783 (1982) (“Section 2254(b) requires habe-
as applicants to exhaust those remedies
‘available in the courts of the State.’ This
requirement, however, refers only to reme-
dies still available at the time of the federal
petition.”). Procedural default, on the oth-
er hand, occurs when a claim could have
been but was not presented to the state
court and cannot, at the time that the fed-
eral court reviews the habeas petition, be
presented to the state court. Without a
showing of “good cause” for the default
and prejudice to the petitioner, an issue
that could have been, but was not present-
ed to the state court, cannot be addressed
in federal habeas corpus proceedings.
Wainwright v. Sykes, 483 U.S. 72, 87, 97
S.Ct. 2497, 2506, 58 L.Ed.2d 594 (1977).
See also Norris v. United States, 687 F.2d

3. One issue in particular involves Resnover’s
attempt to change theories on appeal. Previous-
ly, Resnover claimed ineffective assistance of
counsel because his counsel did not adequately

support motions filed pro se. Now, before us,

Resnover contends that he did, in fact, assert

965 FEDERAL REPORTER, 2d SERIES

899, 901 (7th Cir.1982) (“[I]f a petitioner for
habeas corpus has not fulfilled procedural
requirements under state law for judicial
review of an issue, the court may not reach
the merits of the issue unless the petitioner
shows good cause for his procedural de-
fault and prejudice resulting from not be-
ing allowed to raise the issue on habeas
corpus.”).

[5] In the instant case, the district court
carefully reviewed existing case law gov-
erning procedural default and concluded
that issues which Resnover had not raised
in state court should be procedurally de-
faulted.? Resnover, 754 F.Supp. at 1385.
The district court essentially based its rea-
soning on two cases, Harris v. Reed, 489
U.S. 255, 109 S.Ct. 1038, 108 L.Ed.2d 308
(1989), and Teague v. Lane, 489 U.S. 288,
109 S.Ct. 1060, 103 L.Ed.2d 334 (1989).
Harris held that “procedural default does
not bar our consideration of a federal claim
on either direct or habeas review unless the
last state court rendering a judgment in
the case ‘clearly and expressly’ states that
its judgment rests on a procedural bar.”
In Teague, the Supreme Court declared:

The rule announced in Harris v. Reed
assumes that a state court has had the
opportunity to address a claim that is
later raised in a federal habeas proceed-
ing. It is simply inapplicable in a case
such as this one where the claim was
never presented to the state courts.

489 U.S. at 299, 109 S.Ct. at 1068-69. With

this direction, the district court determined

that
[I]ssues which were never raised in the
State courts are the proper subject of
procedural default in this collateral re-
view under § 2254. Were it to be other-
wise, there could never be an end to this
kind of collateral review. If a defendant
convicted in a state court proceeding
could file continuous assertions of issues
and claims not previously raised in the
state courts, and then could claim the

the right to proceed pro se and that the district
court improperly denied that request. See Ap-
pellant’s Brief at 57. This claim was never
presented in state courts or even in the district
court; procedural default clearly applies.

benefits of Harris, it \

cult if not impossibl

§ 2254 proceeding to
Resnover, 754 F.Supp.

We agree with the dis:
sion. There is no quest
which the district court
ly defaulted were not r:
Indeed, Resnover does
appeal that there are s'
available, nor does th«
concede that any remec
sent the required sho.
prejudice for his failur
claims earlier, we must
court’s denial of the cl:
to the state courts.

Resnover next argues |
der the Sixth Amendn
when the government v
trial his statements tc
Gregory Johnson, the ir
was not a police age
Court of Indiana foun —
there at the request or
government. FResnover.
This finding is a historic
give “a presumption of —
§ 2254(d). Sumner v.
547, 101 S.Ct: 764, 76
(1981).

[6] Johnson testifiec
tion he had with Resnc
in a courtroom holding
ternoon following Ohrb:
- evidence shows that Jc
the jail officers and rela’
had obtained informati:
berg murder. Johnson |
information to strike :
himself with the prose:
Allegation that when h:
wer, Johnson had a
ernment agent or t!
din any way by ¢
ire information fro
esnover, 460 N.E.2d :
nding that Johnson a
ement officer or at |
OVernment, there was
t violation. Unitec
US. 264, 274-75, 1¢


ier for
edural
udicial
- reach
‘itioner
ral de-
not be-
habeas

t court
Ww gov-
icluded
raised
lly de-
t 1885.
its rea-
ed, 489
.2d 308
S. 288,
(1989).
ilt d
ale
less the
ment in
tes that
il bar.”
eclared:
y, Reed
had the
that is
proceed-
a case
im was
arts.
9. With
ermined

d in the
bject of
teral re-
ye other-
d to this
efendant
oceeding
of issues
d in«the
‘laim the

vas never
he district
slies.

benefits of Harris, it would be very diffi-
cult if not impossible, to ever bring a
§ 2254 proceeding to an end.

Resnover, 754 F.Supp. at 1885.

We agree with the district court’s conclu-
sion. There is no question that the issues
which the district court deemed procedural-
ly defaulted were not raised in state court.
Indeed, Resnover does not argue in this
appeal that there are state court remedies
available, nor does the State of Indiana
concede that any remedies exist. Yet, ab-
sent the required showing of cause and
prejudice for his failure to present these
claims earlier, we must affirm the district
court’s denial of the claims not presented
to the state courts.

Resnover next argues that his rights un-
der the Sixth Amendment were violated
when the government used as evidence at
trial his statements to a fellow inmate.
Gregory Johnson, the inmate who testified,
was not a police agent. The Supreme
Court of Indiana found that he was not
there at the request or suggestion of the
government. Resnover, 460 N.E.2d at 933.
This finding is a historical fact to which we
give “a presumption of correctness” under
§ 2254(d). Sumner v. Mata, 449 US. 539,
547, 101 S.Ct. 764, 769, 66 L.Ed.2d 722
(1981).

[6] Johnson testified about a conversa-
tion he had with Resnover while together
in a courtroom holding cell during the af-
_ ternoon following Ohrberg’s murder. The
' evidence shows that Johnson approached
the jail officers and related to them that he
had obtained information about the Ohr-
berg murder. Johnson wanted to use the
information to strike a plea bargain for
himself with the prosecutor. There is no
allegation that when he talked with Res-
Mover, Johnson had any function as a
bvernment agent or that he was encour-
in any way by the government to
ire information from Resnover. See
snover, 460 N.E.2d at 933. Without a
finding that Johnson acted as a law en-
reement officer or at the behest of. the
ernment, there was no Sixth Amend-
lent violation. United States v. Henry,
U.S. 264, 274-75, 100 S.Ct. 2183, 2188-

RESNOVER v. PEARSON
Cite as 965 F.2d 1453 (7th Cir. 1992)

oe

1459

89, 65 L.Ed.2d 115 (1980) (Sixth Amend-
ment is violated when the government de-
liberately elicits incriminating statements
from an indicted prisoner through an undis-
closed government agent). The trial court
did not err by allowing Johnson’s testimony
into evidence.

[7] Resnover also claims that he was
denied effective assistance of counsel. We
disagree. The oft-repeated test for wheth-
er there is a constitutional violation of the
Sixth Amendment was announced in
Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Res-
nover must show that his counsel’s per-
formance fell below an objective standard
of reasonableness and that counsel’s defi-
cient performance prejudiced the defense.
Id. at 687, 104 S.Ct. at 2064. Strickland
imposes on any petitioner a presumption
that his attorney’s conduct falls within the
wide range of what is considered reason-
able professional assistance.

[8] Resnover argues that his counsel
failed to represent him effectively at the
penalty phase of the trial by neglecting to
present to the jury any mitigating evi-
dence. Resnover points to his trial coun-
sel’s words to the jury that Resnover “has
elected to waive his rights to be present;
consequently, I don’t have any evidence to
offer.” See Resnover, 507 N.E.2d at 1387.
In his briefs and at oral argument, Res-
nover specifically cites his counsel’s failure
to present the testimony of his father, Bev-
erly Resnover, as an example of his coun-
sel’s deficient performance. Resnover con-
tends, “({Beverly] was readily available to
ask the jury to spare the life of his son. If
Beverly’s plea for mercy reached one of the
twelve jurors, the result may have been
different.” See Resnover’s Reply Brief at
9.

‘The district court concluded that Res-
nover’s counsel satisfied the standards of
the Sixth Amendment. See Resnover, 754
F.Supp. at 1885-86. We agree. As the
district court noted, the task of represent-
ing any defendant charged with a capital
offense is fraught with difficulty; it in-
volves delicate strategic and ethical

r for
iural
licial
‘each
oner
! de-
t be-
beas

RESNOVER v. PEARSON 1459
Cite as 965 F.2d 1453 (7th Cir. 1992)

benefits of Harris, it would be very diffi-
cult if not impossible, to ever bring a
§ 2254 proceeding to an end.

Resnover, 754 F.Supp. at 1385.

We agree with the district court’s conclu-
sion. There is no question that the issues
which the district court deemed procedural-
ly defaulted were not raised in state court.
Indeed, Resnover does not argue in this
appeal that there are state court remedies
available, nor does the State of Indiana
concede that any remedies exist. Yet, ab-
sent the required showing of cause and
prejudice for his failure to present these
claims earlier, we must affirm the district
court’s denial of the claims not presented
to the state courts.

Resnover next argues that his rights un-
der the Sixth Amendment were violated
when the government used as evidence at
trial his statements to a fellow inmate.
Gregory Johnson, the inmate who testified,
was not a police agent. The Supreme
Court of Indiana found that he was not
there at the request or suggestion of the
government. Resnover, 460 N.E.2d at 933.
This finding is a historical fact to which we
give “a presumption of correctness” under
§ 2254(d). Sumner v. Mata, 449 U.S. 5339,
547, 101 S.Ct. 764, 769, 66 L.Ed.2d 722
(1981).

[6] Johnson testified about a conversa-
tion he had with Resnover while together
in a courtroom holding cell during the af-
ternoon following Ohrberg’s murder. The
evidence shows that Johnson approached
the jail officers and related to them that he
had obtained information about the Ohr-

' berg murder. Johnson wanted to use the

information to strike a plea bargain for
himself with the prosecutor. There is no
allegation that when he talked with Res-
nover, Johnson had any function as a
government agent or that he was encour-
aged in any way by the government to
secure information from Resnover. See
Resnover, 460 N.E.2d at 938. Without a
finding that Johnson acted as a law en-
forcement officer or at the behest of. the
government, there was no Sixth Amend-
ment violation. United States v. Henry,
447 U.S. 264, 274-75, 100 S.Ct. 2183, 2188-

89, 65 L.Ed.2d 115 (1980) (Sixth Amend-
ment is violated when the government de-
liberately elicits incriminating statements
from an indicted prisoner through an undis-
closed government agent). The trial court
did not err by allowing Johnson’s testimony
into evidence.

{[7] Resnover also claims that he was
denied effective assistance of counsel. We
disagree. The oft-repeated test for wheth-
er there is a constitutional violation of the
Sixth Amendment was announced in
Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Res-
nover must show that his counsel’s per-
formance fell below an objective standard
of reasonableness and that counsel’s defi-
cient performance prejudiced the defense.
Id. at 687, 104 S.Ct. at 2064. Strickland
imposes on any petitioner a presumption
that his attorney’s conduct falls within the
wide range of what is considered reason-
able professional assistance.

[8] Resnover argues that his counsel
failed to represent him effectively at the
penalty phase of the trial by neglecting to
present to the jury any mitigating evi-
dence. Resnover points to his trial coun-
sel’s words to the jury that Resnover “has
elected to waive his rights to be present;
consequently, I don’t have any evidence to
offer.” See Resnover, 507 N.E.2d at 1387.
In his briefs and at oral argument, Res-
nover specifically cites his counsel’s failure
to present the testimony of his father, Bev-
erly Resnover, as an example of his coun-
sel’s deficient performance. Resnover con-
tends, “{Beverly] was readily available to
ask the jury to spare the life of his son. If
Beverly’s plea for mercy reached one of the
twelve jurors, the result may have been
different.” See Resnover’s Reply Brief at
9.

The district court concluded that Res-
nover’s counsel satisfied the standards of
the Sixth Amendment. See Resnover, 754
F.Supp. at 1885-86. We agree. As the
district court noted, the task of represent-
ing any defendant charged with a capital
offense is fraught with difficulty; it in-
volves delicate strategic and ethical


1460 965 FEDERAL REPORTER, 2d SERIES

choices. Jd. at 1884. Resnover’s counsel
sought to distance his client from his code-
fendant while presenting his client as con-
trite, humble, and a victim of circumstance.
Resnover refused to cooperate with this
reasonable strategy. In fact, he deliberate-
ly absented himself from the penalty phase
of the trial over the strong protestations of
his counsel. See Transcript of Proceedings
at Trial (‘Trial Trans.”) at 2364-67. Res-
nover, who chose not to be present, cannot
now argue that his counsel failed him in
the penalty phase of the trial by refusing
to introduce evidence in mitigation.

[9] Counsel’s decision not to present the
testimony of Resnover’s father demon-
strates the reasonableness of his strategy
and the weakness of Resnover’s Sixth
Amendment claim. At the first post-con-
viction hearing, Beverly Resnover indicated
that, if he had been called at the penalty
phase of the trial, he would have told the

‘jury that “{he] didn’t believe in the death

penalty or ... that he was my son and I
loved him very much and naturally I
wouldn’t want to see ... his life taken.”
See Transcript of Proceedings, Hearing on
Post-Conviction Relief Petition, March 29,
1985 (“Post-Conviction Trans.”) at 173.

While Beverly Resnover’s testimony surely

would have evoked sympathy, in the final
analysis it could have had a pejorative ef-
fect on the jury. It is quite possible that

Beverly’s testimony could have permitted

the government to elicit his son’s lengthy

-eriminal history, evidence of which the jury
generally was unaware. See id. at 174.

But even if Resnover’s criminal history
were not educed from Beverly on cross-
examination, we still see no constitutional
deficiency in refusing to present the con-

‘ victed’s father to the jury. Counsel chose

to follow a reasonable strategy to plead for
his client’s life:
We had a great approach to follow if
only we could have followed it. My ad-
vice to Gregory was ... to go in and tell
the jury that he wasn’t the man that
killed the detective, that he was sorry
that it happened, that it was early in the
morning, the police approached the house
with a great deal of stealth and suddenly

began knocking down doors trying to get
in to make an arrest. He was right out
of bed, confused, there was a lot of noise
and suddenly gunfire—if he’d explained
that to the jury I don’t think they would
have ever recommended the death penal-
ty.
Id. at 39. Resnover is unable to show that
this strategy was deficient or that any al-
leged deficiency prejudiced his defense. In
other words, Resnover fails to demonstrate
that there is ‘a reasonable possibility that,
but for the [alleged] unprofessional error,
the result of the proceeding would have
been different.” Strickland, 466 U.S. at
694, 104 S.Ct. at 2068. That counsel simply
could have done more is not a sufficient
basis for finding a particular performance
constitutionally inadequate. Jd. at 697, 104
S.Ct. at 2069 (“The object of an ineffective-
ness claim is not to grade counsel’s per-
formance.”). See also United States ex
rel. Cross v. DeRobertis, 811 F.2d 1008,
1014 (7th Cir.1987) (“{The reviewing court
must] eliminate the distorting effects [of
hindsight] ... and evaluate the conduct
from counsel’s perspective at the time.”).

[10] In his brief and at oral argument,
Resnover names other persons, in addition
to his father, that he claims should have
testified during the penalty phase of the
trial. For most of the people mentioned—
for instance, a lawyer who represented an
individual executed in 1981 and an execu-
tioner—we envision their testimony as only
tangentially relevant to the instant case.
Without even attempting to determine
whether such testimony would have been
admitted into evidence, we find that the

failure to present these potential witnesses ~

does not constitute a violation of the Sixth
Amendment. We reiterate that Strickland
requires us to focus, not upon whether
counsel could have done a better job, but
upon whether counsel provided the assist-
ance necessary to ensure the fundamental
fairness of the proceeding whose result is
being challenged. Strickland, 466 U.S. at
696, 104 S.Ct. at 2069. As the district
court properly concluded, Resnover’s coun-
sel was not incompetent or ineffective un-
der the law. “{A]s difficult and as complex
as this case is, and has become, defense

counsel met the sta
Amendment in repres

rt

nover.” Resnover, ‘

We reach the same
nover’s two other ch:
tiveness of his cour
Resnover argues th:
failed to implement h)
of distancing Resnove:
during the guilt/inn:
trial. Specifically, R
trial counsel failed to
of one Samara Palm«
pre-trial motions. The
asserts, amount to in
tion in violation of th

Resnover also cont:
nied effective repres
Apparently, Resnover
chose not to file a rep!
Indiana’s brief to the
Resnover claims that
file a reply brief, a mi:
the State of Indiana
Resnover points out |
preme Court repeated
fact in its opinion a
death sentence. Yet.
arguments, neither of
challenges can satis!
ments of Strickland:
formance was in fact ¢
deficiency prejudiced

{11] As to trial co
Resnover fails to esta
sentation was deficie:
strate no specific fail
he even characterizes
imate efforts as less-'
ance. For instance, be
Resnover’s counsel sot
Professor Kenneth St
University School of
motion to dismiss the
Resnover suggests t

“from the professor de:

sel’s failure. ‘Even
his work product,” Re
rather it was the prod
sor.” Resnover’s Brie

[12] Arguments lik:
strate Resnover’s failu


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i SOPOT OEOHHEOOOOOCO OY he had sold them a few days before.
When athod whet he tntended ta flo,
co eee ee a ae te he-said: os et

Ds
HE remains of ‘teks Rinkard arrived in the city over the Oh, Tan going to the bont-yard,

4 He seemed to be fn exeelient epirity :
ae Pennsylvania lines at 2:50 o'clock this afternoon. The casket Gnd talked rafionaitty. ‘

was opened at the depot and the public. allowed to view the] He tert Nencdict ana walked to the ])
= Hundreds of people took a last glance at the aged man whol! eater home a hundred feet povth and, |)

paid his life as a penalty for the cruel murder of; his wife in this city|"°POIf "(9 an open window om| A

the north stb of the aummer kKitohen,

go

~ 2

June 9%, 1900.. The remains were taken from. the depot direct to the} y. se pie ving cngdged:ay Goningel®!
LO. O. F, cemetery, where interment took place. Me thrust a revolver inthe window |
. The Rev. C. M. Shugart, the only friend who stood by Rinkard and Mrs. Rinkard anathg him, iurew fe
t the last accompanied the remains to this ity and adosnstred the|") 00680100 14, to aoe |
esas last rites. He has seen that the body was given a proper burial, fod abet a gale ec 7 . i ie iit

- hand, Mra Rinigrd retreated

Michigan City, Ind., Jan. 17.—With|tle diMiculties, dating back fot sev- {trough thy house, toNowed by her as
the same etolid indifference that has.jeral years. yHe warns Samuel Rink- |? 'shand, who entered the roar door, ie
characterized him since he was con-j|ard, a son who has been dead for sev- , Explred on a Ged, 1
victed and sentenced to death for the eral months, sgainst the evil influences He struceted with her in the aytting |r!
murder of his wife, John Rinkard jof sone supposed enemies. The let-|room and fied two more ahoatye inte | 2!

walked to the ecaffold early this morn- |ter Is ileglivy written. rer body. They then passed Into ths s

ing and in a few brief minutes had Last Day on Earth. bei roorm, There be continued shop a)

paid the penalty of his crime. Rinkard’s last day was spen! ac the punt Mrs. Kinknrd fell on a bed aod |
"MEO eee eee ee ee ee, ee: aoe Te ee ee a re ee ae


LB, Murder Mm his wife

oeUee aD ced (6 t
John itinkard
walked to the seaffold early (hia morn-
ing and In a few brief minutes had
pald the penalty of his crime.

There were uo senaational episodes
connected with the hanging, Kinkard
Walked bravely to the denth chamber

and up the grilow Steps. meeting
death without uy Upordinary — inel-
denta., °

When Kteth, the South Indiana mur-
derer,gwas hanged a few weeks ago,
he completely weakened and if was
necessary to drag and Carry bim- to
the scaffold. He was held up while the
ncose was adjusted. Rinkard, al-
though somewhat nervous, hardly
needed the support of the two. Kuards
who held to hts arm ag- he journeyed
to the chamber of death.

Told to Get Ready,

Warden Retd enterdd the coudemn-
“ed man's cell directly at “Thursday
midnight and told him lo get ready.
At 12:08 he was led from. hla cell by
two guards. T pe death chamber {se buz
twenty feet away and it took but a
few seconds to reach {L ‘

Assistance af the cilicers would have
been unueceasary, for the old man
Walked with measured stride to the
Sallows and up the 6teps altnest wilth-
Out hel). The noose was hasty ad.
Justed and Warden Rald asked the
doomed man if be winhed to make a
Alatement, '

He looked straight before him and
dQ not answer, The black Cap was
th in drawn and the drop fell at 12:09
o'clock. Three minutes later he Waar
pronounced dead by the prison physl-
clan, Dr. Brose §. Horne, and Dr, J,
W. Hillof South Bend. Rinkard's
neck was broken by tho fall. At 12:14
the body waa cut down: .

Oid Not See Him.

Only those for whom tho law pro-
vides witnessed the exegition.
were Warden fteld, Deputy Warden
Barnard, Chiof Clerk Car] Lewis, Chap-
lain Henderson, Dr. Horne, the prison
physician, and hig assistant and the
aix guards, Sherif OC. Bradford and
the Rey. C, M. Saugart of Marion were
Rot in the death chamber and ‘did not
see Rinkard before he died.

Rinkard left a letter to his old
friend, the Rev, Constantine M. Shu-
gart of Marion, with the request that
It not be opened until after his death.
The letter war rambling and {ucoher-
ent In it he gave directiona for the
disposal of his body and expressed sor-
row for his crime. He told what to
do with his possessions, asking that
part be used to defray his funeral ex-
penses, He refers to William Rinkard,

his only Iving son, and tells him to
FEMeAni ber the ertAanana t ~— >

AR eae ee
Of Home aupposed enemies,

There |

}

i infvencius

The let.

ARACIE the evi
ter |p egiivy written,
Last Day on Earth,
Tinkard's lant day was apent as the
other days have been apent gince hla
confnoment began, That he feared
his impending fate was evident by his
remarks to Chaplain Henderson, which
were few, He eagerly accepted the
ministrations of the clergyman who
was with Lim almost all day and night
until he was taken grom hia cell, He

Istenod attenttvely to tho reading of

the Bible, prayers and spiritual con-
solation, and then aald:

“T don't deserve to hang. I killed
her, but sho wouldn't Ive With me,"

Rinkard has often talked, with the
chaplain about hig: WYVice In the army.
He has told him of the battles In whieh
hu fought and the Hyrrow escapes ho
had from boing killed. He WAS a priy-
ate iu the Fifty-fitth Ohlo infantry
during the four years of the Clyil war,
neolng much hard aorvice, The chap:
lain somewhat consoled him And quint-
od his feara by referring to his army
oxpertences, leading him to believe
that the ordeal of belng hung wold
be no worse to face than the bullets
and cannon of, the Confederate army,

Slep* Undieturbed,

Rinkard slept, well Wednenday night
and ate hia meala beartlly yeeterday,
The prison phytlélan aaw him but
found that his services were not need.
ed, ‘

It seems Rinkard could not give up
the belief that the governor or some
other power would Intereede and pre-
vent his hanging. Thursday morning
he asked Deputy Warden Barnard {f
it would. not be possible to secure &
stay of execution in order to give his
friends another opportunity to work
for hia life. Later In the day ha rea-
zed that he must dle, and it te ald
resigned himself to his fate.

Rinkard had sent an invitatlon to
the Rey, Shugart, one of the few
frlonds who have worked In his behalf.
to attend the execution and be with
him in hla last: moments. Hinkard,

however, changed his mind and would

not see him, foaring that he would
break down tn Mis presence,

The body. was turned over to the
Rev, Shugart, who left Michigan City
this morning at 8:50 over the L. BE. &
W. ratlroad, The body will arrive al.
Marion this afternoon,

BTORY OF RINKARD’S
MOST BRUTAL CRIME,

One of tho most brutal murders tn
the annals of the state Was avenged
In the hanging of John Rinkard.

erime for pw hice ‘ho suffered death waa

sh, rie F, §

The ;.

. * } PLS BA A

ie striuggiod with her in the a)
reony and
her body,
bodraon,

fred two tore shote

They then Missod Inte
Wheta Ne Continued rhe:
Wott Mra. Rinturd fell on nw bed
exitred. Rinkard being mattafiod
he had beom successful in his ate
work, turned the revolver on hin
fread, ait entered ag
right eyo and paased out through
femporel bone, Ut was at flrat thov
the ball had pasned through the tr
;ANd that it would not be poral ble
Him to live, Tt wag necessary to
right eya,

When Rinkard appeared at the R:
ard home he wae armed With twe
h 38-calluer Ameri
Ditldor, and on d2-callber Amert
bulldog. -TMhe darge revolver waa 1
first, ani: five Cartridgea of this ¢
Were fred at Mrs, Rinkard. Wh
It wae emptied It waa dropped to t

aiid The

mave tha

volvers, one

floor and the smaller weapon %
used, One bullet of the second

volver waa fired at the woman, Fo
ahota took effeet, Two had enter
her Dreaat within ag inch of each of
erand pageed through the heart, eith

“jot which would have proved fatal, A

other ponetrated the right lung, ay

the fourth paused through the tun

of the Jef, hand, .
Taken to Jail,

Rinkerd Was removed to the Mark
hospital mote dead than ally e It we
not thought posatble for him to gti
¥ive more than a few hourm He pe
mMalned Uneconectous during tha vas
but the sevond Cay Ne rattled, artes:
It waa lenened that he would ere a
hei wan chained to the bed and &
ruard over him, When We
fully Was taken to Jalh

The charge of murder tn the flent
degrea wan filed Agwinat him end the |
trial In the Gran!

Maced

roceoy ered ia

Cause Was pet for

Demmi ea

(Continued on page ‘Elght),

—_

Be


ttid OF Yay theog
neck Was broken by the fall. A
the body was cut down:
Did Not Ses Him,

Oniy those for whom th
Vides witnossed the exMadion,
were Warden Reid, Deputy War len
Barnard, Chief Clerk Carl Lewis, Chap-
lain Henderson, Dr. Horne, the prison
physician, and hi assistant and Yhe
wIx guards. Sherttt Os C. Bradford and
the Rev. C, M. Saugart of Marion were
not In the death chamber and ‘did not
see Rinkard before he dled.

Rinkard left a etter to hig
friend, the Rey. Constantine M. Shi.
Eart of Marlon, with the request that
it not be opened until after bia death.
The letter wag Tambling and {ncoher-
ent In it he gave Girectiona for the
disposal of his body and expressed gor-
row for his crime. He told what to
do with his possensions, Asking that
part be used to defray his funeral ex-
‘penses. He-refers to William Rinkard,
Als only lvlog son, nd tells him to
remember the evidence he gave at the
trial. It will be remembered that the
Gon testified at the trial of the brutal
way in which hie fathor had treat-
‘ed his wife for many years,” Rinkard
 aléo accuses tho Peelers, his wife's

9 law pro-

old

ds, Pelatlves, of being rerponathle for the
1 mieder ot!

wife and the exedation
He épeaks Of hiss dom ay.

his: wi

There

won 08 powsible to seanive

Ho!

L114 stay of execution in order to give his

i friends Another opportunity to work
for his life. Later In the day he rea
lized that he mist die, and ft fe eatea
reeigned bimrelf to bis fate,
| Rinkard had gent an Invitat!
ithe Rey, Shucart, ene of the
friends who have worked In hia behple,
ito attend the execution and be with
him in his last ‘momenta, Min denrd,
| however, changed hia mf{nd an: would
not see him, fearing that he would
break down In his presence, |

The body was turned over to the
Rev, Shugart, who left Michiran City
thls morning at 8:50 over tha L. 8 & |
W. railroad. The body will arrive
Marion this afternoon,

, Seaennenineiizs

STORY OF RINKARD'S ;

» MOST BRUTAL crime, |

One of tha most brutal murders al
the annals of the sfate wen ayonped
In the banging of John Rinkard. The

crime for*which he Buffered death was |
the murder of his wife in thie elty at
the home of Lemuel Peeler, 2124 South
Gallatin street, Baturday, June 9,

1900, at 10 a. m.

on to

f. Ww

she' wag making her home with her
brother: Lemuer Peter.” Mie fio.

i
}
ng Week previous to the murder i
band's brutal : triatthent “hed }

A) RUA Pincay over
fally recovered he Was ta

hin

The charge of murder
WAS filed Againat }
Cause? Was get for trial ft)

dogrs

b eimemen ee

nie
C
ae
.

t

|

Fy

intthnetmeinid ose

{Continued on page }

se tn)

Ridihamnoetintionen a Een


(Continued from page One),
) adroolbswourt. Owing to the Intense
Stoke ex toting In this county against |»
; ter ty hie atts mere asked for | ¢@
ad were granted a change of. venue.
Pya cave wes transferred to the Wa-
Pra efrcvit court.
Provounced Sarre,
‘lAtter the’ case was venued’ to the
besh circult court the question of
herd’s insanity was raised judictal-
¥ ond when the care was called & jury
‘wag impaneled to try ‘the question.
m 6, 1902, It returned a verdict that
“he waa eane and the work of secur+
{oer a jury for the trial was begun.
After the death sentenoe was pnssed
‘on 'Rinkard his attoraeys filed a mo-
“thon for a new trial This was ergued:
before Judgo Sbirely, who overruled
the motion April 22. An appeal was
thken to the supreme court, but ow-
‘img to the fact that the court had
talben tts August vacation the case’
could not be argued before the date
pet for the execution, which was .\n-
gust 23. The supreme court, July 3,
granted a stay of execution until Jan.
17, 1902. December 11 the court susa-
tained the jadgmaens of the lower
court. cael :
The attorneys then asked Governor
Durbin to commute the sentence, but
this was denied. Two days before the
execution a motion was filed In the su-
preme court asking for an inguiry tnto
_. the ranity of tho prisoner on. the
_ Grounds that the execution of an in-
@had man wag forbidden by the com-
mon law. On this the higner court
; ruled that it did not possess the jurts-
diction and denied the motion.
+ The attorneys for Rinkard resorted
to every legal way to secure an ac-
quittal for their client or have hig sgen- | @
tence commuted to life imprisonment. | 4
*° ‘ First Legal Hanging. :
With the execution of Rinkard the
first Grant county man hag pafd ths
‘penalty for his crime by death. Many
murders hava been commitfed and a
viumber of prisoners sent to prison for
Ufe or on short sentences, from this | 4
county, but only one man han been | 4 i
hanged. 4s
The attorneys for Rinkard aré yet |
firm in thelr bellef that the prisoner | ,
Wag insane when he committed the
deed and that he died insane. They
may that he had been insane for years. le

&

ean Sloe

EES EL LALA AM didedn de tedden ded

ny TE
of PARALYZED

Ly A pecull lar ace dent si enema to a1,

i atiadiad, cuctitinlll 3 Sai ie ntact dal


Fallen

| ficers nationwide were killed. -

‘
e

2 Ie

¢

Yesterday was

chance to honor law enforcenient
officers who have died performing
theiy duty. Last year alone, 105 of-

Police Chief Ba Nothstine
said that instead the usual
honors program on Police Memori-
al Day, the department will partici-.

' pate with the Fire Department in a

pevaram June 22, the newly-estab-
sed Falle ay. -
officer to

die in the line of duty was Charles
Glafcke. . «. Mi yo
On the morning of Dec.'30, 1930,

Glafcke ‘took Ignacio Saragoza,

wanted for a shooting f1-Chieago,
to acall box at the corner of Superi-

Le DE ot puhaget coe

‘lawmen:horiored

"Memorial »

Day. she ad
; to some, that may not’’mean *
much. But to many, it; offeraa :

on ‘

(8 RE te bg aby fate oe. St re a a4
‘In special observance; .

the éall box, they found Glafcke

ated a paddy wagomi<s <2
n other’.officera:artiyed’ at.

>
ie

ie Si
i
Les a ; ani,
or, and Franklin streets w

shot. in the head. Saragoza was:

was apprehended. He was: tried,
diana State Prison. © i.

’ trailed to a nearby woods, where he ©
_ found guilty, and executed at In-

: 2
At a special awards ceremony on.

May 16, 1978, Glafcke was the post-

-humous recipient: of the -Police

Medal of Honor, the hest award |

the Michigan Cjty Police Depart-.
ment offers. Tah

The -award was accepted by
Gjafcke’s sons. .-

Twenty-seven Indiana State Po-

lice officers have given their liyes.
since: the agency was formed in.
Rt ae '

1933, the first that y
1076, et, hath.

ee |
Aes

7 bs tb

np
toh &
Me Sag: ET De
diet OV cite Bak Mee Be i. kt om *y, ‘
Bae ‘Vonerweges wns. wees Ae

Br


City police
honor their.
dead comrades _

By HENRY LANGE
News-Dispatch Staff ce

°

National Police Week ‘has been
observed locally this week in me-
morium for police officers who
have died over the years.

The city police building has been
draped in black bunting and police
officers have placed black stripes
over their badges in honor of their

.dead comrades.

‘ A display and a patrol car can be
wiewed by the public for the re-
miainder of today at Marquette
M all where recently published pub-
lic safety leaflets also are avail-
able.

The week’s events took on even
more meaning with the death of
popular patrolman Kenneth Bodine
after a fight against cancer.

The week also brought memories
of police officers gone now for
many years—those who worked out
of the old station house in the Supe-
rior Court Building where it took
three flights of stairs to get to the
detective and traffic bureaus and
the locker room was on the top
floor.

Some will remember the early

morning of Dec. 30, 1930, when a
city police officer was killed in the
line of duty.

_ Police had been looking for a
Mexican laborer, Ignacio Sarago-
za, who came to the United States
at the age of 23.

Saragoza had an argument with
another laborer in South Chicago
on Dec. 29, 1930, shot the man and
fled to Michigan City.

Patrolman Charles Glafke
picked up Saragoza during the
early morning hours of the 30th and
called for a paddy wagon.

He placed the call from a box at
the corner of Superior and Frank-
lin streets.

When the wagon arrived, officers
found Glafke dead. He had suffered

. a bullet wound in his head.

Police followed tracks in the
snow and found the killer hiding in
a woods.

Saragoza subsequently was
found guilty of murder and execut-
ed in the electric chair of the In-
diana State Prison June 24, 1931.

line-ofduty

’

a

Saphir ARE tis il Dott an Pia pat ese gs

SARAGOZA, Ignacio, white, 26, electrocuted Indiana

SP (LaPorte) on June 2l, 1931.6.

Te

\ S
: i
Ysa al Cl hie 4047 train-bus acciaent wn oprinyue oes A atc phot:
ee | eas 7 .
CITY OF a B :
Michigan City
ee ee OFFICE OF SUPERINTENDENT OF POLICE + BARRY L. NOTHSTINE
sie NS 18 MAY, 1983
4 7S FROM:DETECTIVE KENNETH W. WALTZ
| oe aes INVESTIGATIVE DIVISION
Sede MICHIGAN CITY POLICE DEPARTMENT
¢ Gree 102 W. 2nd ST.,MICHIGAN CITY, INDIANA 46360
4 Gxt

Dear Ron,

_ In response to the lett
have done some research on t
of Duty. To simplfy matters and to avoi
I have included a news paper clipping of
of our local newspaper, The New-Dispatch.
the information after I informad them of

Ne!

er which I received from you on 18 May,83, Tf
he only three Officer ever Killed in the Line
d:.

a duplication of printed matter,
these incidents from the archives |

The News-Dispatch has volunteered |
your task. Unfortunately all known
their length's of service,

mercer oR

| ses records of the ages of the first two Officers,
and the disposition of the offender are unknown to me. I have been informed
that they were shot with the perpetrators own .38 cal. revolver however. The
remainder of the requested information is included in the, news clips.

)

e me when your finished product is available so that I can purchase
Good Luck in your enormous endeavor,
I hope this info helps some.

Please advis
a copy of the book for my library.
and I wish you God speed in its accomplishment.

Fraternally,

Kok 2). ary
Kenneth W. Waltz, Detective

Michigan City Police Department

I have also sent copies of your request to other local Police Agencies
who are not aware of your project. They have advised that they will
mail what ever input that they have available.

» NOTE s

Ae op SR AMMEN TTR RRA IIE Sati a

*®

UK SEMERGRAES

STR RS


ne

OvUset VOU rites

home not burned by the fire. He then put Twp. killed 1S -per Ssourmscare

Agee

with

aa Na-
Jets.

a series of

but no one

, 2 Michigan

vein the night and
juded as members
ommunity vented
ause of the quality
gan City. -
ito a list of griev-
jlice harassment, a
s director, housing
‘ol board. The Na-
the Advancement
iowed with a man-
jJuction, consumer
yn and the news

_in the wake of the
gradually life re-
the memory of the

still lingers on.

er, the sky over
gain had an orange
of July 18, 1973. It
i disturbance, but a
almost century-old
-x of Pullman Stan-

y the N& H Realty

{for small business
3 of the real estate

ked by embers
wwe lier in the day,
hwest corner of the
omplex and burned
and early morning

main flames were
nall fires burned
alex.

»men were aided by
Michiana Shores,
‘ing and Pine town-

» the plant site eva-
4s firebrands cover-
x small grass fires.
sed garden hoses to
-ces of debris as they
; property.

wut a two block indus-
nly 10 percent of the
juare feet of plant

d as one of the city’s
exceeded in scope by

; plaze at the car fac-
own as the Haskell &

over the years that }
.s included the First
surch in 1907; First

rch, July 21, 1908;

Jan, 13,

3

n died in the line of
Harold
in 1949,
George Dabagia, 1958

s. They were
. arles Neulieb

959.
.d as a young

1911; Mi-

on Dec. 16, 1916,
‘eb 4, 1921, Frank-
1964 and the Citizens

3 man in
» died of multiple inju-
4 _thenwemn fram a

—

his mask on and went back inside. He
was found there by fellow firemen. Ef-
forts to revive him failed.

Fire Inspector Capt. Lee Brady, a vet-
eran of 12 years on the department, died
on duty during the fire that consumed
the Edwards Store and Liberty Theater
on Jan. 22, 1959. He fell when a floor col-
lapsed and drowned in the basement of
the Edwards building, lying on the floor gee Pe Soa ey A ‘Se «se
unconcious while the—Dasel ent filled tet hs ae sae es me 35
with wale Om | OSES. See ele al ad

hrough the years, Michigan City
has lost three police officers in the
line of duty — and two of them were

Flames and smoke spew from the old (News-Dispatch ph

Pullman Standard Building in this 1973 fire.

|
|
|
|

d Ristau had been ona ram-

killed in the same fracas on April_3,
1921.
9h what The Evening News had to
' say about the event the next day:

“Captain Joseph Simmerman_and Pa-

trolman George spencer were shot and

almost inste antty ited by William Ris-
tau. a former Michigan Central
(railroad) employe about 9:30 p.m. last

i night while they were taking two-women
to the police Station. The shooting oc-
curred in front of the Faroh Bros. Gro-
cery store at 908 Franklin St. Spencer
was killed instantly and Simmerman
died en route to St. Anthony Hospital.”
the lead para raph of the newspaper ac-
count of the s ootings, related.

The report also said how Ristau, intox-
icated, had commandered a car after he
shot the two officers and ordered the
driver to take him to Arndt’s Soft Drink
Parlor at 601 E. Second St.,
shot and wounded the owner.

He then ran back to the street and got
into the car, but the driver had fled. He
attempted to start the vehicle himself,
failed to do so and then turned the gun on
himself.

Police sai

age alle

Tgan City’s third police officer to
_ die in the line of duty was killed Dec. 14, }
1930. The officer was Charles L. Glafcke, /

“ Another chapter was written into Mi
chigan City’s book of sorrows,” —
ning Dispatch said as the newspaper re- \
lated how the 20-year veteran of the .
force died at St. Anthony Hospital after 5
he was shot by Ignacio Sarragoza, 26, | hes
South Chicago, lll., at 3 a.m. the day be- | &
fore, a Sunday.

Glafcke had taken the man into cus-
tody as a suspicious person.

Glafcke now ragoza was
wanted for the shooting of a man in
South Chicago and was attempting to
escape arrest at the time he was con-
fronted by Glafcke.

The two met near the Pere Marquette
Railroad Station and Glafcke ordered
Sarragoza to accompany him to the call
box at Harrison and Franklin streets
near the station.

There, Sarragoza resisted arrest,
broke loose while Glafcke had the tele-
phone receiver in his hand, and whipped
out a .45-caliber pistol firing at the of-
ficer point blank. &

Less than two hours after the shooting,
Sarragoza was found in Tuthill’s Woods
on the city’s West Side. He confessed to
the shooting, was tried, convicted and

subsequently in the electric.
chair at the Indiana State Prisgn.

1958 — after 3
24 hours. (New

looking north on Franklin
Street on Sunday, Feb. 14,

This is a view
Street from 11th

1 An cn eng o:,
- gare hese are just some of the big stories

ws


List EFFORTS To GET

SPRIEVE ARE FUTILE

TRAL BEFORE JURY IN

‘LAPORTE CIRCUIT COURT;

Tm

ought the slayer
and impartial trial,
@ondemned man's last: re-
that the. prigon band
national anthem

pileete

Retain Its Hundreds:
“ of Licenses
TWO OF BODY DISSENT -

rs FROM OTHER OPINION

the Radio Cor

, io

had acted 7 hare

the sale of Vac
m grounds
R. C. Av He

censes. ‘
i wae a ary Saltzman and
en dissented from the Majority
“;The commission's ‘decision| was

announced in the following 3
unced E state.

Del.
case of Arthur D,
against the Radio
a : America,’ (Number
Equqity) 1s not such judg -
ment as is dzz-ribed in Section 13
of the Radio act
decided
should not be
the

heard by.
45,1931."

. In .Ais opinion,
tha


Ould Not be denied the applicants

Sout sald be thought the slayer! » ‘, es ‘ ay te heard by. the commission on Jiine
pad had a fair And impartial trial, : - > M, 1981,.")- bat Ht
‘the condemned man’s last. re- ; ‘4 Ia’ Bis opinion, Saltzman. held

gest was that the -priaon. band that yacuum tubes were an inte-
gral part of radi ocommunication

pay the Mexican national anthem | oo) fas pe '

ig tek. Thig'was done yesterday & 4 f-jand that any act restraining the : ;
p vemoon.- Fox houre last night fuse by manufacturers of vacoum

 Ieore the éxeculion he entertain- tuber, such ‘as Judge Hugh M. , - |

< * ee mang ag, Pi q

ti bimerif by playing the anthem : Morrias described in his Delaware
#0 bis harmonica. te appeared LaP +t e Will ie : opinion, constituted an rm
wo as he walked 10° the chair. or ; gral part of radio communication
jad made no alatement. ‘ Seon Ban , Read irst The Section ~ beh bib a Fy 4:
_Sarragorza was the 15th man to ’ yf commission s ion direc a
anreuctied i Indiana’” The} 6 >> Mass Here Sunday . {commission, as the government's
‘gt electroculion” was™ that of Ran: eae fins licensing authority, to refuse ite
wmes Britt of Kast “Chicago on eney David Lorig. former La-{censes "to any person,” firm, com-' 3,
day 21, 1930. Britt” murdered | Potts young man “and widely | pany or corporation or any sub- :
‘g@uel Goldberg; known in this éity, will be ordatn-|sidiary thereof, which haa been | ;
ee frie on Dec 16° fd BD the Catholic priesthood for] finally adjudged guilty by. «. fed- : 1
Whe crime: for which the state |the Jesuit congregation tal. cere-jeral court of unlawful Myeeo4 ae
tek the life of the Mexican Wad Fovirs cease morning oe ae, zing oat aire ation, ; ate F
tammitted ear! Louls. He willbe ordained by the | directly or indirectly, through the ,
Most Rey. Joba J. Glerinon, arch- | control of the manufacture or pale || ae ;
bishop of St. Louis; 2” ie of radio app-ratuse through exclu- 2 :
The Rev. Father Lorig wiit re-jsive trafic arrangements, or by
turn to LaPorte Friday and wilj anv ¢’>> ->-sne or to have been’
Tread his first Solemn High Bfass/using urfair methods of competi- f
in St: Peter's Catholic church here | tion.” ‘ WS 4
Subday morning at 10 o'clock. ; |. Bykes’ dissenting opinion held
Scores ‘of his friends in this city jthat the béction should apply be-
are expected to be present in St. {Cause of ita reference, to unfa
Peter's: church for the important | methods of competition. He held 2
event of his Arst Solemn © High the R. C. Ahad been found guilty
Mass, BER ee Re Wi of ‘such: procedure. ‘ .
+» Beqmuse of his close bonds of | . The three commissioners cém- hardware: 4

relationships in this city, both} prising the majority were Com:
among his: friends and his reta- missioners Robinson, LaFount ana] ate charge :
tives, his appearance here wil) be Starbuck. — tia ; | pone aynd: ee
jin the nature ‘of a homecoming?-ic}  Rob!n--n ‘repreac-*:* the mafor-| * upd
The s6a of Mr. and Mrs. Martin jity opinion when be stated that the; Capone —
was taken to St An-|Lorig, he was born in this city’31 | majority held that Judge Morrias | 48) >
® bospital, where he died | years ago, and t his early life |could have revoked licenses of R.
later.. . ' fend young m here. His |C. A. and its subsidiaries when he
@ light snow had falien,/ mother died when he was - four |handed down the Delaware deci-
Were able to track the | years « he was reared byjsion. > opeg teats.
he was found hiding {his grandmother, Mra, Mary Lorig|' “Commissioners. LeFount * and ;
® few miles from |of this city: . oo yk Starbuck concurred in the MS jor-
ls paese ee ete son Cie) ere oe ‘et Joy. ACY opinion“with a joint statement ‘
‘was lodged in the Lal ‘Sunday will ‘a joyous occasion that: the radio act. differ- | spraw = se
tor. Mrs. Lorig——now 85 years old }@ttlated between a monopoly of
*~-for it will mark the realization | T&dic tus-and a monopoly a him Be rep Rae Ra
of her dreams, Her: friends know }°¢ 0 _communication® tes
thet she has. looked forward. to | #intained Section 13 applied only

to.@ communications monopoly and #
Mo: and id vi the pie eathoce en that the Delaware decialoa bad tox . 4
ae With Judge |waujd perform his frat Mass and do only with apparatus. a
+ Link presiding, ; the™'anticipation of this day has Ph ular capper wares cl
prosecuted by pn | and pa ght nest in times 7
» Dilworth, assisted by his |o ness, : among ,
, Robert “Baker of Michi-| those in the church Sunday = COW, INSEARCHOF

Y, and from the first Mr.| .The Rev. Father gh fy sends be ADVENTURE, FINDS IT

a

Ated
fen B
puty,
an Ci

asked the death penalty, | Nephew of Dr. and . B.
the jury that the case|Yenn, Mrs, Yenn being « dangh-
aettle “whether there is/ter of Mrs. Lorig. 4
“open season’ on police-| . Priests, repreeting churches ta
the state of Indiana.” {northert: a, will be present
Sarragoza unable to re- ee ty
lawyer, the court named

¥Y Frank Rogers of LaPorte

Mr, Rogers based his

Do effort to deny ‘the | 3!

it rather to -escape the of tk oe ie e
The Rev. “Father. Webber of , deat Ke
we 4 Michigan City will serve as deacon | £@00: they took ‘am’ active,

Bile gd 4 ; ;| for Solemm::High Mase, with Fa-| terested part in the ‘acheme -of|
: ther Martin of St. Louis as sub-} things..“And with’ such anima,
rappeetieeg liad Sevalcatvare {eee doretena ten pele
* 78. BP #c¢ h 2 . ¢
4 und j io sleepy bovine. that caused excite.
meat, delay and hervous shock
ng the Indians Rail-

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DOAN Cnt
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Se.


The rubber-heel trail led to ‘this. rabbit burrow where a killer faced his pur-
guers. The man in the picture demonstrates how well the fugitive was hidden

By Peter Risk |

Special Investigator for.
OFFICIAL DETECTIVE STORIES —

¢

Frank Allen was due ‘at 3 a.m.:
and it was almost that,.time now.
But Patrolman Charles L.° Glafcke,:
raising frost-caked eyebrows above the:

pea: to Night, Desk Sergeant

protecting collar of his long: blue over="

coat, had just glimpsed a | flitting
shadow beyond his call box on Michi-
gan City’s longest beat—Call Box: 13."

The shadow had been perhaps 100
feet beyond the gaunt telephone ‘pole
upon which the box hung. Glafcke had
seen the quickening blob. of: darkness
against the snow as the shadow hur-
ried down the Pere Marquette railway
tracks and disappeared behind the one-
story, brown brick depot: The .58-
year-old patrolman’s raw-boned figure
stiffened. ... ;

Another depot prowler! ,- ign it

The  vicinity—unpaved |. - Harrison
Street, brick Franklin and the railway
tracks—was dark, relieved. only by
sporadic gusts of white. snow.’ Above
Glafcke telephone wires whined in the
wind. He glanced resignedly. at Call’
Box 13. First, he’d phone Allen in a
hurry and then hike after the depot
prowler. etl *

“Number 26 calling.” : ets

Glafcke wasted no words—he had an
impediment in his: speech that made
him self-conscious when speaking over
a phone. . Quickly he hung up and
lumbered across Franklin Street to-
ward. the depot:: .-.

All night the veteran policeman had
been: battling -wind and .snow, - The
first soft flakes had begun falling at
8 p.m., accompanied by a wind that
grew stronger with each passing hour.
At midnight the snow had ceased, but
the unleashed wind had swept with
demoniacal fury off frozen Lake Michi-

16 —

gan into ‘the city. streets, tearing at
came and rattling doors and win-
ows,
-It was no night for ‘anyone to be
“outside, Glafcke mused as he .walked
cautiously toward ‘the depot. If. the
‘»prowler ‘was a thief, the patrolman
‘would be in time to prevent a burglary;
if only.*a. shivering tramp, Glafcke
would phone for a squad car and send
him uptown to a warm bunk. Despite
20 years on the force, Glafcke’s strong-
est emotion was sympathy for the help-
less. Only a year before—his old feet
breaking on hard streets—Patrolman
Glafcke had been promoted to Desk
Sergeant, but because of that uncon-
trollable burr in his voice which made
his words indistinguishable over the
phone he had been returned to this
beat. It was characteristic that he had
taken his return to his old job philo-
sophically.

OW he had reached the cement
sidewalk in front of the depot. He
scanned its front. A lone spot, this,
on Beat No. 4, and his presence there—
a single human in the darkness—
seemed to make it more lonely. He
saw no broken windows—no figures

. lurking in dark doorways. .

But footprints in the ‘snow. led
around to the west side, where wooden
express trucks stood, offering the only
concealment outside of the depot.

; Patrolman Glafcke plodded cautious-
ly around the corner of the depot. The
footprints disappeared under ‘the first
truck,

“Come on out, buddy, hands up!”
said Glafcke, bending down, the im-
pediment noticeable in his speech...

Nervously, Night Desk Sergeant

«_h

sep (13

n Out, Hands Up!”

The mystery gunman waded a half-mile in this
refuse-choked ditch to throw off a hot pursuit

Frank Allen, heavy-set and jovial,
watched the Police Station switch-
board.

He didn’t like it. The night was too

quiet.

Despite Allen’s bulk, his nervous
system may have been psychic.

A call from Patrolman Glafcke, the
force’s beloved veteran, had just come
in at three o’clock, and meanwhile he
must lean back in his swivel chair,
hands locked behind his head, and wait
—wait—wait.

Hmm! Business! A red light, accom-
panied by the buzzer, had flashed on
above No. 13. Six minutes after three.
Had Glafcke run onto something?

A wide- smile. of .relief split the .

Sergeant’s square, regular-featured

“¢
4

face, revealing strong white teeth, as
he lunged his big body forward, his
thick right arm leaping toward the
switchboard plug while his left hand
grabbed the cradle phone.

“Yes, “Charlie!” Sergeant Allen’s
booming, pleasant voice echoed in his
silent, dinky office. Whirling snow was
hurled against the black east windows,
overlooking a cold alley.

“Send the squad.” Patrolman Glaf-
cke’s voice cracked metallically in the
receiver, :

Alert, Sergeant Allen leaped from
his desk and bounded into the cap-
tain’s office, notifying Night Captain
George Stark of Glafcke’s request.

That biting cold December night
was before the days of police radio—

op—1


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} . * SOW ES Trat too would -ade $54,000. Boa bw a : — ee tae
i fun tarity } ses aa Pa j income Of ka panies. +3; (Continued on Page 3; Cofume 2).
t * . bisa es ; Ws OR ae stag te
‘
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La EP pa RT a ge: tuch a delicate matier with &
; SARRAGOZA DIES FOR — oat prveier preparation
SLAYING OF QFFICER| \m=
‘
mates tl
i & day after: the
:. Was Rdmitted inte the ‘evi- | giimss
fence. The defense contended that’
nti { the: confespion ..
i“ “~~ ’
q ij
4 sad fled | replied | by Presitent |
as bing iver frem: members e ane “a
: be was involved !were favorable to the tuoretoriom | oe
i it cw _ There was some opposition, | ae
“yy Officer ‘Adverse replies werg paid to Bed
z cri Glatcke, Dowie, siren comgre. sein :
Riana 2 , Rime. 11 ; ROWwever, atively few eu.
LOR crnitenrtiinrien, 68 did not know of the crime and.bed! Tepulation ond
Inter. Nickel oj 16 7-6 the Mexican ‘solely «og Hoover's
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}findamental :

'2 @/ mation showing Capone connec, {Cities Bervice winnie MB a
that i with ee lece. He made ' Cord Wave ‘conist ;

t 3 atatemen ;
bas} raided the’ place yesterday ang Goldman Sachs Tag

i ache.’ bi dik ores said ‘pow i -the
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Bast charges. Ss “coreg, RANA Oil Of Tadlann 3114 Totty nthe
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Diet a Od everything inte power pannk Brenclere gona me BOL EE CUES AE Boat 5 Lv, LaPorte (Central Tiz
in jto extension of their ut; Aéchy, abe}o : ‘ ‘ ‘s Mkts = hea ‘ i %
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{rad ehas. ‘Fag ‘ae . ne ‘ Retureing Sanday,
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“oo ka Mingere Wane fot ery
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whirled on: Stark, his _slit-like blue

Pcenter of the room... -

But Wild Bill dodged. ;

He leaped to his left toward a bed
and ‘jabbed his shaking white. hand
under a soiled pillow. :

Stark threw the safety catch of his
gun, braced his legs. He was ready
to shoot—

But before his gun began its stac-
cato chatter, Wild Bill jerked his hand
from under the pillow—and dashed a
whisky bottle to the worn carpet.
Eddies of a colorless fluid ran from the
broken bottle across the floor. «

Dopey and Wild Bill’s hands went

up.

Stark shook his head at Wild Bill
mechanically. “You—crazy—damn—
fool,” he muttered.

Fear of being arrested as a prohibi-
tion violator had weighed more heavily
on ite Bill than the threat of a tom-

y-gun

Stark’s whistle blasted. His com-
panions raced in. Upstairs they heard
the frightened cries of women and
children. ¥

Wild Bill.and Dopey claimed they
had just returned from a drinking-
bout, and named South Side Mary’s
bootleg joint.

“Check it!” the Captain barked at
Steve and Barney.

A search failed to reveal a .45 on
the premises. Wild - Bill and his
brother-in-law told Stark a convinc-
ing story. Presently Steve and Barney
returned, reporting that the men’s
alibi had been thoroughly substan-
tiated! °

Dawn was coming—two valuable
hours lost.

The crunch of short, hurried foot-
steps in the snow-covered driveway
outside an all-night filling-station at
the triangular intersection of Chicago
and Hitchcock Streets on Michigan
City’s West Side caused Patrolman
Rube Wilson to turn from the red-hot
laundry stove. Rube, unaware of the
Glafcke shooting, had been warming
himself before he began his long trek
uptown to the Police Station to report.

The tall, athletic policeman’s dark
eyebrows shot up as Joe Grott, sus-

cted hop-head and bartender in a

est Side speakeasy, banged open the
glass-paneled door and demanded of
the dozing attendant in a high-pitched
voice:

“Can I use your phone? I got to
get a taxi!”

One eyelid was raised by the dozing
attendant and he nodded, but Joe
Grott hadn’t waited for permission.
He recoiled momentarily when he saw
the tall policeman, but grinning sourly,
he reached the phone in three strides
of his .short, thin legs. There he eyed
Rube Wilson apprehensively while he
phoned.

In turn, Wilson surveyed the shak-
ing, coatless, hatless, breathless bar-
tender. His dark, curly hair was wild
and flaked with snow, while his small
feet were white.

Wilson mused to himself: “What the
deuce?”

His call completed and before ques-
tions would be asked, Joe shrilled
“Thanks” and banged out the door.

The policeman watched the frenzied
bartender walk to the point of the
triangular driveway, where he paced
excitedly, his eyes fixed north on
Hitchcock while the wind whipped
snow about him.

In ‘a few minutes the cab swept
down Hitchcock, picked up the bar-
tender, and hurtled south past the
Indiana State Prison and then west.

Rube quitted the warm stove and
gasoline fumes and met the piercing
north wind as he plowed north,
buffeted by each blustery gust. Low
clouds bounded overhead. The cab,
Grott within, shot by.

‘At the Station: Sergeant Allen noti-

fied him of the Glafcke shooting.

stain int alt iss SMES bse eR pees WORT Woe

‘The loud voices stopped as.if smoth- |
+} ered. . Wild Bill halted’ in stride and

eyes popping. Dopey’s knees. and chin ,
sagged, and he remained rigid in the .

Rube gasped and snapped his fin-
gers: - voit j ?

“Joe Grott, the hop-head!” Hastily
he related Grott’s strange behavior.

Sergeant Allen phoned a cab-stand
and contacted the cab-driver who had
transported Grott.

“The guy’s daft!” The cabbie’s me-
tallic voice. came over the. receiver.
“He wanted me to take him to Gary.
I couldn’t—not on a night like this.”

i growled: “Where’d you dump

m ?

“Curley’s. He wanted to grab a bus.”

With a shriek of brakes, Stark and
Policeman Stevenson pulled up at
Curley’s restaurant and bus depot.

“A short, thin guy without a coat
or hat? Yeah, I saw him,” replied
Curley, bending confidentially over the
counter. “He acted like he was off his
trolley.

“Two buses, one going east and the
other going west, were just pulling out
when the cab-driver threw him off.
He ran up to the window of the east-
bound bus and asked the driver, ‘Are
you goin’ east?’ The driver said, ‘Yes.’
Then this guy hollers, ‘I don’t want to
go that way,’ and runs over to the
other bus window and says, ‘Are you
goin’ east?’ The driver shakes his head,
‘No—west.’ The nut climbs aboard,
sayin’, ‘Good—I’ll go with you!’”

Curley beamed, as if daring the
policemen to figure that one out.

Stark rapped: “When does the bus
he’s on arrive at the Gary depot?”

“Four-ten.” ‘

Gary police were anxious to cooper-
ate. “Cop-killer, hey? We’ll get him.”
‘ They dragged Joe Grott from the

us.

Michigan City police relaxed. The
chase had ended sooner’than they had
expected. Gary police phoned:

“This hop-head tells a straight story.
He shook down the till of the blind-
tiger where he works. Says he was
drinkin’ with customers until four.”

Stung to feverish action, Michigan
City police checked Grott’s alibi. He
had told Gary police the truth. An-
-other hour and a half wasted.

SUSPECT, picked up on Michigan
City’s East Side, was released
when his alibi proved unshakeable.
La Porte, Indiana, police, twelve
miles south, phoned that they had a
suspect but that the lead wasn’t ex-
ceptionally hot. A man was dispatched
to grill him.
Sergeant Allen, standing at the east
window, saw ghostly fingers of light

_ frolicking behind ominous clouds in

the dark sky. Dawn was almost at
hand. Soon residents would be get-
ting up, moving about on their daily
tasks, obscuring footprints.

But as he watched, a silvery snow-
flake fluttered down through the win-
dow’s light. Another—and another!

Involuntarily heavy-set Sergeant
Allen jumped as the telephone jangled
in the silence of his little office. Steve
Konieczny was calling.

After the fiasco in which Wild Bill
Barfnecht had destroyed his whisky
bottle, Konieczny and Barney had re-
turned to Call Box 13.

“If Wild Bill and his brother-in-
law left footprints,” said Steve dogged-
ly, “the killer left footprints. Now,
where are they?”

Flashlights whisking about, the two
squad-car officers searched the vicin-
ity, avoiding the dark-brown spots on
the concrete below the call box. A
cry from Barney, on the west side of
Franklin Street near the railroad
tracks, brought Steve to his side.

Barney was stooped down,. staring
intently at two pair of footprints in the
white circle of his torch.

“Those big ones are Glafcke’s!”
Steve exclaimed.

“And the smaller ones are the kill-
er’s!” Barney cried, raising his head.
“See—they’re coming from the depot,
and heading toward the call box!”

In the snow in front of the depot
and near the express trucks, they read
the story of Glafcke’s capture of a

*

"Come on Out, Hands Up!"(Cont’d from Page 18) ofeiciat DETECTIVE STORIES.

prowler. They saw how the two had
crossed over in the direction of: the
call box where the attack on Glafcke
must have ‘occurred. - _ .

The officers looked east and west

along the rails, black and unending —

against the white snow.

“Since he was hanging around the

depot,” mused Steve, “I’d say he was
a stranger. If he’s a stranger, he’ll
stick close to the railway, hopin’ to
grab a handful of box cars.”

BARNEY cried out and pointed south
across the double line of tracks.

Etched dark and distinct in the snow
was a single pair of footprints parallel
to the rails and pointing west.

The policemen bounded across the
rails and peered down at the prints.
The strides were long, and judging
from the manner in which the toes had
dug into the snow the man had been
running.

“Look—the heel!” Steve pointed.
“It’s the same heel back there at the
crossing with Glafcke’s prints. The
heel is so new you can read the trade
name on it.” ‘

“UY, S. Spring Step,’” Barney read
in the snow.

“These prints here,” Steve went on,
“are the ones he made running away
from the call box after he shot Charlie.
He’s headin’ west, huggin’ the rails.”

Barney added: “Waitin’ for a train.”

They cocked their ears and listened.
But no sound of an approaching train
shattered the stillness. It was quiet
now, the wind having abated. Steve
reported to Desk Sergeant Allen, who
promised to send help to them and
to send other officers west on the Pere
+ anlaealad tracks to cut off the fugi-
ive.

And shortly after, Police Chief
Wesley R. Kibby joined them. The
trio set out westward, moving as fast
as their tired legs would pump. Would
help arrive in time? Could the fleeing
man be caught?

West of the depot two miles, near
where the Pere Marquette intersected
with the north-south Monon single
line, the distinctive heels left the Pere
Marquette track and angled off to the
southwest toward the Monon line.

Trudging across an old cornfield, the
three officers found the distinctive
heels ended abruptly on the bank of a
frozen creek that paralleled the Monon
tracks.

“He’s taken to the water!” Barney
cried.

“He won’t go far in that cold stuff,”
Kibby scoffed. “Let’s scatter and hike
along the rails again. He’s a stranger
and he’s stickin’ to his only friends—
the railway tracks. Steve, you head
west along the Pere Marquette tracks.
He’ll likely come back to them.”

Kibby and Barney were up to their
waists in snow and marsh water when
Steve’s excited cry, from a spot 500
yards west of the Monon-Pere Mar-
quette intersection, brought them run-
ning.

The wink of a flashlight on the rails
ahead of them startled the trio. With
relief, they recognized Patrolman Rob-
ert Neumann also following the dis-
tinctive heel-prints.

“You fellows go on!” Kibby ordered.
“I’m goin’ to get to a phone and notify
the Station that our boy’s still headin’
west. We'll need more help out here
if we want to avoid an ambush.”

Ahead of them, where other officers '

had been sent, events were moving
rapidly.

Patrolman James Warrick, No. 645
Willard Avenue, chauffeured by Frank
H. Lueder, of No. 1720 West Tenth
Street, a volunteer, arrived at the dark
Pere Marquette crossing on the County
Line Road. They had been sent out
by Sergeant Allen to head off Glafcke’s
attacker. Warrick, blond and hand-
some, was an alert officer.

The crossing was a good.two miles
west of the Monon-Pere Marquette in-
tersection, an area given over to thick
woods and swamp, Dismal Doran’s
Woods stretched away to the south-

.

oD—t <i"
4
eenied. ee ra pgs”


These Michigan City, hidiana: Cops Risked Thete-Lives to" Follow: the: Rubber-:
Mystery Gunman Who Left His Kill at Police Call Box 13

Heel Trail of a

Sunday morning, December 14, 1930—
and the Sergeant’s only way of con-
tacting the Department’s two squad
‘ears was to await their calls, or their
appearance at the Station.

“7’ll go,” Captain Stark said quick-
ly, while shrugging his powerful
shoulders into his overcoat. He -was
one of the few men on the force as
big as Glafcke.

. Sergeant Allen watched the Captain
race down the snowy Station steps
and dash toward his car. But at the

same moment, Allen saw a squad

car’s headlights swing into the police
parking-space.

'~ From behind the cold glass door,
Sergeant Allen saw Captain Stark
gesturing south and barking instruc-
tions to the squad-car. officers, lean-
jawed, hard-working Steve Konieczny
and likable LeRoy Barney.

With a roar audible above the howl-
ing wind, the squad car whipped into
reverse, straightened out and _ shot
down the alley. Sergeant Allen saw
the car flash over the fresh snow past

' the rambling fire station, swerve east
vod Fourth Street and head for Frank-

As the squad car bounced over the
Pere Marquette crossing, Steve Ko-

veteran policeman’s big body to an
even position.
“Stroke?” inquired Barney, bending

over.

Below him, Steve saw Glafcke’s
snow-crusted lips.moving soundlessly.
A small dark: hole was visible above
the old patrolman’s~closed left eye.
Steve inclined his head close to
Glafcke’s lips, but heard only an inco-
herent murmur,

Steve’s hand beneath Glafcke’s head
felt warm and he withdrew it, know-
ing what he would see. In the glare
of the spotlight it was red.

HITE with rage, LeRoy Barney

grabbed the call-box receiver, the
number “13” staring out at him mock-
ingly: ;
“Sergeant! Sergeant—Glafcke’s been
shot through the head! ... I dunno—
I dunno a thing about it. Get an am-
bulance quick. Get Stark!”

Laying down Glafcke’s head rever-
ently, Steve Konieczny straightened up
and stared about him, while Barney’s
eyes also darted about the scene.

*“Didn’t even have time to draw his
gun,” Barney murmured, gazing down
at Glafcke. “He was shot. down in
cold blood right here at his call box.”

The wind had swept the street’

2 d B

ae

mm (Gee ee
ol 6) :

Vwarguerte

Who shot Veteran Patrolman
Charles L. Glafcke, whose body
was found as shown in this posed
picture taken at Call Box 13?

1. Pere Marquette Depot.
8. Gielow’s Grocery.

5. Barfnecht home.
6, Killer’s trail.

7. Doran’s Woods,
shrubbery.

2. Call Box 13, where Glafcke was shot.

Reape.

4. Footprints in snow leading to Barfnecht home.

where killer vanished into

8. Thicket where Warrick lay in wait for killer.

The danger-ridden chase

.

nieczny played his spotlight on the call
box and Gielow’s grocery. But strain-
ing eyes failed to pick out figures near
Call Box 13, and the officers scanned
the deserted sidewalks...

“Maybe they’re in the grocery door-
way.” LeRoy Barney frowned. “I

wonder how many Charlie picked up?” .

A sudden sharp intake of breath
from Steve caused Barney to -follow
his companion’s eyes toward the call
box. At the foot of the pole’ sprawled
a human figure, its head dangling over
the curb.

“Charlie’s hurt!” Barney yelled.

Before the squad car stopped, Ko-
nieczny and Barney leaped out. Steve
lifted Glafcke’s head and moved the

oD—?

in the dark for Patrolman Charles L.
Glafcke’s slayer spread over a five-mile area as shown in this diagram

around the call box free of snow, but
across Franklin Street to the south-
west Steve thought he could make
out two pair of footprints in the snow
leading west across the three vacant,
weed-choked lots north of the Ernest
L. Dingler home. :
But while Steve surveyed, he was
thinking. Who had killed Glafcke?
Why? And under what circumstances?
“Glafcke must have caught him red-
handed at some job,” mused Barney.
That was the most logical reason for
the killer shooting Glafcke—he had
been caught red-handed. But at what
job? Breaking into the grocery?

Not daring to leave the scene until = |

help arrived, Steve whirled, neverthe-

— a

%


less, and examined the front and rear
doors and windows of the grocery. All
were intact. - :

Barney was still musing: ‘“Glafcke
might have come upon a guy on some
job, led him to the call box, and the
guy’s lookout stole up and_ shot
Glafcke — maybe there) were two
men—” ] '

The distant shriek of sirens heralded
the approach of several cars. An am-
bulance pulled up along with another
squad car, and Captain Stark leaped
out,

Stark, husky, clever, experienced
and quick-thinking, an example of
America’s best police officers, barked
rapid orders. More cars arrived as
Desk Sergeant Allen rushed. night and
day men to the scene,

“Shake down the freight yards, the
depots!” Stark commanded the breath-
less men. :

Steve Konieczny pointed to the two
pairs of footprints winding across the
three vacant lots.

Captain Stark gasped.

“That’s your meat!” hé. shouted at
Konieczny and Barney. “If you need

“Delp; T’ll -be.at the Station ready for

; Get a*move on. Those low
clouds look like more snow, and more
snow will wipe out those tracks,”

Steve glanced at his watch as he
and -Squad Officer Barney plunged

‘across Franklin. 3:20 a.m. Less than

three hours.to daybreak, when city
residents would be up and about—
another menace to’ the precious foot-

.prints. They’d have to move fast.
HE LOOKED up at the small, scut- -

tling clouds in the wind-torn dark
sky.

Through weeds and § snow-laden
grass, the two policemen followed the
two sets of tracks the long block from
Franklin to Wabash. The tracks were
irregular, the men apparently walking
side by side but weaving unsteadily—
drunks probably.

_ West of Wabash Street’s asphalt ex-
panse. and south of the railway tracks
was another residential section, ex-
tending west four or five blocks then
giving way in succession to open fields,
swampy land, farms, pastures, the
north-south Monon ‘railway tracks,

more.swamp and then a patch of brush
known as Doran’s Woods. bint

Doggedly Steve and Barney trailed
the double footprints along a street,
south down an alley, west along an-
other dirt street, down another alley.

Midway along the snow-drifted alley
Steve suddenly stopped and grabbed
Barney’s arm,

“Look!” he whispered.

Steve pointed excitedly ahead at a
frame house to his right that was
illuminated brightly. The double foot-
prints turned into the back yard of this
house,

Cautiously the two policemen circled
the building, their guns drawn. Only
in one room, a bedroom on the south
side, had they seen signs of life. Other
homes stood close.

On their bellies, they crawled
through the snow close to the bedroom
window. Wet snow crept in through
their coat collars and sleevest A yel-
low rectangle of light fell on the snow
from the window, and they drew up
just outside its glare.

In the section of bedroom visible to
the officers, a tall, gaunt man stood

&

‘ 2

Patrolman Charles L. Glafcke had no warning he
was making his last report at Call Box 13, extreme
right, when he picked up a prowler near the depot
where Ignaccio Saragoza, below left, missed a train

‘with arms-.on hips, heatedly arguing

with an alcohol-shriveled runt who
paced the floor waving his arms.

They recognized the wiry little man
as Wild Bill Barfnecht and his com-
panion as George—Dopey—Glassman,
his brother-in-law. Both were men
with minor police records.

Steve nudged Barney and they re-~

treated.

Safe from observance in the alley
shadows, LeRoy Barney gasped: “Do
you suppose Charlie caught them, or
one of them, tryin’ to break into the
depot?”

Ste shrugged. “We'll find that out

later. Right now I’m goin’ to phone
Stark for more men. There’s two of
them and only two of us. If we tried
to rush ’em, and one got away, we’d
never be forgiven and we’d never
forgive ourselves. We need men
enough to surround the house. You
stay here and keep your eyes open.
T’ll find a phone.”

Fifteen minutes of utter stillness
passed before Barney, cold from his
long vigil and his arms itching from

melted snow inside his sleeves, heard

. Steve’s cautious footsteps returning

down the alley.

But Steve wasn’t alone. Barney
heard other crunching footsteps-in the
snow—and Steve, Captain Stark and
Patrolman Rosco Stevenson slipped up
beside him.

In whispers, Captain Stark assigned
them to their posts. .

“We can’t rush them through the
window,” Stark said sibilantly. “They’d
scatter through the house. I’ll go in
with my tommy-gun and rush the bed-
room. Steve, you watch the window
side of the house. Barney, you stay out
in front, but keep an eye on the side
of the house opposite Steve. | Rosco,
you park here in back and‘do the
same. All set?”

| KE ghosts, the big policemen moved

to their appointed posts. Captain
Stark mounted the side of the rear
steps, skeleton keys in hand, but found
the kitchen door unlocked.

As he inched the creaking door
open, warm air, laden with alcohol
fumes, smote him. He heard the
voices of Wild Bill Barfnecht, thin and
piping, and Dopey Glassman, gruff and
pleading, raised loud enough to drown
whatever noise he made in entering.

With long strides, he reached the
bedroom door, flung it wide and cov-
ered the two men, tommy-gun to his
shoulder.

“Reach for a cloud, boys,” he said
quietly. . :

(Continued on Page 46)

Patrolmen Steve Konieczny, left,
and Robert Neumann _ helped
trail a fellow policeman’s slayer

oDp—?


VA tor O re 1

OVVturn

Pron

west. Five hundred yards south of
the crossing a super-highway was un-
der construction. Where the right-of-
way crossed the northern fringe of
Doran’s Woods, trees had been up-
rooted by tractors and the ground
leveled off. The fallen trees lay gaunt
and skeleton-like, their roots, caked
with frozen soil and snow, reaching
high into the air and resembling gi-
gantic spider-webs.

While Lueder raced back to the
station for reenforcements, Patrolman
Jim Warrick, pistol in readiness,
crouched in a small thicket a few steps
southeast of the crossing.

The night was so still now that he
heard his own excited breathing, and
so dark after the headlights of Lued-
er’s car had disappeared that he was
unable to see his gun in his hand.

Playing a waiting game, he scarcely
moved, except when the piercing cold
bit deep into his arms or legs. He
flexed his stiff muscles slowly and
cautiously. He realized the danger he
was facing alone in the darkness, but
he was ready to meet it.

A hundred thoughts played leap-

_ frog through his mind as he crouched,

shivering. Suppose the fleeing killer
was not approaching him at all, but
had left the rails and headed across
the fields? Suppose the killer had
seen the car’s headlights and was even
now creeping up on him? He moved
slightly, and a cold, frozen branch
brushed hard against his face.

Listen!

Warrick straightened up, every nerve
tense. A gritty squeak, like the noise
a person makes in clambering over a
rusty barbed-wire fence, had sounded
close at hand—perhaps 50 feet away.

The policeman edged from the thick-
et, eyes squinting but unable to pierce
the darkness. ‘

Minutes passed.

Another gritty screech.

The second one, Warrick’s keen
ears told him, had come from a point
farther south than the first. Someone,
out there in the blackness east of him,
had just climbed two pasture fences
and was working south away from the
railway tracks. Was it the fugitive?
Was he working himself around to
trap the patrolman?

Did he know where Warrick was

_ hidden?

If it were Glafcke’s attacker, per-

_haps he had made out the beckoning

bulk of Doran’s Woods to the ‘south-
west.

Would he seek refuge there?

Before Warrick could advance, he
heard the roar of an automobile north
on the County Line Road. In a few
seconds he saw the bouncing glare of
headlights. Would they frighten the
man who was hiding out there in the
darkness?

Warrick was beside the car when it
stopped.
No. 324 Wabash Street, and Charles
W. Thomason, No. 107 South Dickson
Street, an ex-cop, jumped out.

Both were keen for the chase.

“Glafcke’s still alive, but the doctors
say he’ll go any minute,” Nichols in-
formed Warrick. “His breathing’s
getting fainter.” Nichols’ keen eyes
cai somber and his slender body

ense.

ARRICK told them of the creaking
fence-wire. ,

They trotted east along the tracks,
50 feet, 100, 150, their flashlights oc-
casionally winking.

“Sound travels pretty clear on this
still air since the wind went down,”
said Nichols to Warrick. “He prob-
ably left the rails farther from you
than you thought.”

Suddenly the three were bending
down : over footprints in the snow
south of the rails.

In the beam of the flashlights, the
men read: “U. S. Spring Step.”

“It’s him!” Warrick exulted. “Just
like Steve reported to Allen.” The
handsome officer’s blue eyes danced
‘with excitement.

A tiny, cold, wet glob struck his
cheek. ‘Another. Into the flashlights’
beams snowflakes dropped.

“Snow!” Nichols exclaimed, aghast.
“Come on! We'll have to work fast!”

op—t

Patrolman Earl L. Nichols, .

Leaping in the direction the foot-
prints had taken, the police trio came
up against a fence.

“This was the first screech I heard!”
Warrick said sibilantly as they clam-
bered over. Once more they took up
the trail, Warrick in the lead and
bending low to avoid using his flash-
light.

He almost ran into another fence
and cursed softly under his breath.

Again they raced over an open field.

Warrick’s' whisper slowed them.
“We better scatter—at least twenty
feet apart,” he suggested. “If this
mug’s layin’ for us, we don’t want him
to get us in a lump.”

More cautiously they moved for-
ward, attempting to still the crunch of
their footsteps.

The footprints seemed definitely
fixed in a southwesterly direction.
They crept diagonally across the
County Line Road.

“He’s headin’ for Doran’s Woods!”
Thomason whispered.

“Jeez! If he gets in there, we might
lose him,” Warrick groaned. “Let’s
forget he’s armed. Step on it.”

Excitement-loving Fred Scott met

death when he- volunteered to
track down an automobile thief
and found instead a killer. Scott
was one of two deputies killed in
the Ray Olson manhunt, described
here in full in the story on Page 2

Forget he was armed! Forget he was
a desperate criminal who had just shot
an old policeman in cold blood! For-
get that with each step they expected
orange fire to leap out of the darkness
ahead! Forget that they had wives
and children at home depending on
them for food and clothing!

At the bare, smooth highway road-
bed, they saw the distinctive heels
leading across.

Uprooted trees interfered with their
deployed ‘pursuit. Occasional quick
flashlight beams were necessary now.
A flashlight was a beautiful target for
a waiting killer! :

As they followed the trail around
each towering mass of roots, they ex-
pected to meet their quarry, 45 in
hand. :

Quite suddenly they were past the
fallen trees and were within the woods.
Warrick had a glimpse of snow falling
heavily from low, motionless clouds as

“he plunged under the gaunt branches.
Now the chase had become more ex- .

citing—more dangerous...

Again they deployed, Warrick on top
of the trail, Nichols to his left, eager
Thomason to his right. The crack of a
twig ahead froze them. They dived

behind protecting trees. Was this the
payoff? tf fay ne

They were in utter darkness. No
light penetrated the woods. They
could rely only on their ears. . :

Presently, when the noise was not
repeated, they edged forward. War-
rick’s torch flickered on and off. He
tried to shield the glow with his hand,
but was only half successful. Was the
hunted man waiting for a sure, shot—
a perfect target?

WINDFALL loomed ahead and the
footprints disappeared behind it.

The policemen dropped. Cautiously
they slid forward on their bellies.
Reaching the windfall, they waited,
nerves taut. Only their own breathing
was audible. Warrick’s torch flashed
béhind the maze of roots.

In the soft snow and leaves, they
saw the imprint of a man’s body.

“He laid here watchin’ us get clos-
er,” Warrick whispered. “He could
see the searchlight winkin’. I wonder
why he didn’t shoot.”

Thomason grunted: “He had more
excuse to shoot us than he had to shoot
Charlie. Why’s he waiting?” .

“I wonder why he did shoot Glaf-
cke?” Warrick mused.

Their fierce whispers were cut short.
._ From a short distance ahead they
heard a rustle of dead leaves, like a
heavy weight being dragged across
them.

The policemen put their heads to-
gether. “He can’t be more than 100
feet ahead,” whispered Warrick, his
voice hardly audible. “Let’s rush him.
Our lights will blind him and we'll
start shooting before he does.”

At Warrick’s soft command, three
flashlights swept swaths in the dark-
ness ahead, and three figures bounded
forward.

Trees! Leaves! No shots.

Twenty-five feet ahead there was a
rabbit burrow, dug out by hunters.
Over the top of the burrow peered
wild, black eyes mounted by a mop of
bushy hair.

Before the policemen could fire, a
short, thin, scantily clad figure leaped
from the rabbit-hole, arms raised.

“Please! No shoot!” Pleading words
in Mexican poured from the wild-eyed
young man’s lips. ;

The officers bore him down, man-

acled him. \

While his companions held the
slender body of the man, shivering
from both cold and fear, Warrick ex-
amined his heels. “U.S. Spting Step!”

Ignaccio Saragoza, 27, stoutly denied
having a gun and preferred to speak
Mexican. He was hastened to the
police station.

At 6:45 Glafcke died in St. Anthony
Hospital.

Three days later Saragoza confessed,
and offered to lead police to his .45
autamatic.

Near where he had been captured,
the bushy-haired Mexican youth bent
down suddenly into a thicket, scatter-
ing leaves aside—quick-witted Detec-
tive Walter Will leaped on him.

The .45 was cocked, loaded and
ready to fire.

Saragoza told police that the night
before the Glafcke shooting, his quick-
trigger finger had got him in bad when
he shot another Mexican, Manuel Sis-
neros, who had asked Saragoza to pay
a gambling debt. He thought he had
killed Sisneros, and when Glafcke
came across him at the Pere Marquette
depot he was desperate. Sisneros was
still alive, while Glafcke...

Saragoza had kept his .45 up his
sleeve, and when Glafcke searched him
the officer missed it. As Glafcke
turned from Call Box 13 after asking
Allen to send the squad, he faced the
.45’s muzzle. .

Saragoza was convicted of first-de-
gree murder February 10, 1931, by a
La Porte County Superior Court jury
and was electrocuted in the Indiana
State Prison June 25, 1931.

(The ‘names Wild Bill Barfnecht,
George—Dopey—Glassman and Joe
Grott are fictitious, to protect innocent
persons.)

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Se

BARA UE IEE» BAER.

The Pere Marquette depot, he knew,
attracted tramps as honey draws. flies.
It was the only spot on Glafcke’s beat
where there were bad characters and he
endeavored with the same exactitude that
inarked his 20 years on the force to keep
it clean.

The call box at Harrison and Franklin
streets was about 100 feet south of the
railroad tracks. As the car rounded a
curve a half-block away, Steve began
swinging the squad’s big spotlight. The
beam picked out the call box and Steve
said:

“He's not there!”

He swept the light lower, letting the
squad car slow as it crossed the tracks.
Then the light picked out a form, huddled
grotesquely on the ground, the head hang-
ing over the curb.

Steve exclaimed, “Glafeke's hurt !”’

He put on the brakes quickly and the
light car whip-sawed around on the icy
pavement. Steve was out of it before
the car stopped and ran to box 13.

Before he bent down he grabbed the
phone and said to Allen: “Glafeke’s hurt,
Frank. TW call vou right back.”

Steve could sce a few flecks of blood
in the snow as he carefully turned Glafeke
over and cradled his head. In the light
of Barney's flash, he saw the officer's lips
move feebly as if trying hard to say some-
thing. Steve put his ear close, but heard
only an incoherent jumble of sounds.

Then he felt blood wetly warming his
right hand beneath the patrolman’s head.

Steve looked at his reddened hand for :

an instant and then laying Glafcke back
easily he angrily jerked the telephone
receiver from the hook,

“Glafeke’s been shot, Frank,” he said
to headquarters, “shot bad. Get an
ambulance and some men here fast.”

Automatically, Allen noted the time
as he shouted to me. It was 3:13, just
seven minutes since Glafcke had called.

ie MIDTOWN I picked up Officer Art

Schaeffer and drove south over the
hard-packed snow. We found Barney
bent over Glafcke.

Barney shook his head. “He's still
alive, but the bullet went through his
head. There’s not much we can do.”

T saw the bluish red hole above the
left eye and turned away despairingly.
Rage possessed me for a moment until |
felt Steve tugging at my sleeve.

“Over there,” Steve waved
to the west side of Franklin, Pe —
“are two sets of tracks in the ey

ve SS
Ss
s Ves KV

snow. Whoever made them
were moving: fast.”

Most of the snow near the
call box had been blown
clear, but across the street it was plentiful.
Steve showed me the.tracks, which Jed
West across a vacant lot.

Whoever shot Glafcke had only a
meager start. We had to move fast, had
to get him quickly before he moved out of
range of the limited dragnet we could
muster with our small department.

“Barney.” | called quickly, “you and
Steve follow these tracks. Schaeffer, you
stay with Glafeke until the ambu

58

ene

When the killer finally offered to reveal where

he had hidden the murder fre Detective Walter

Will suspected a trick, Will is shown here with

the gun at its hiding place in a desolate section
of woodland outside Michigan City, Ind. |

Policeman Steve Konieczny,
left, along with Officer Le-
Roy Barney answered the
call when Patrolman Glafcke
telephoned headquarters.

lance
pital

arrives
and watt

able to tell you

T

fo

m

s}

c}

tc

tc
Aa
a et
.
re *
Naw


~

A. ) cH L | _»_€)

f ty, fl i i z. ,

The killer, belo
even after he ha
wanted for anot

Policeman Louis Papi-
“neau, shows how Offi.
cer | Charles Glafcke,
inset, stood with his
pirscrt at Box 13’ an
nstant before the fatal
shot was fired,

i


he CALL BOX

The killer, below, tried to trick his way to an armed escape By CAPT. GEORGE STARK

even after he had confessed his crime to captors. This man was
wanted for another shooting when he fired at Officer Glafcke. of the Michigan City, Ind., Police Department

as told to

ALBERT W. SPIERS

IGHT SERGT. RANK ALLEN jiggled his pencil
nervously and frowned at the big clock in police head -

quarters at Michigan City, Ind. It was 3:06 a. m. on
Dec, 14, Glafcke was six minutes overdue on his call from box 13.

Veteran Officer. Charles Glatcke, patrolling beat number four,
hated to miss a call by one minute, let alone six. The sergeant
hoped nothing was wrong.

He grinned then as the little switchboard light over 13 snapped
on. Relief edged into his yoice as he said: “Hello, Charley.”

The gruff, unmistakable voice of Glafcke rattled in his ears:

“Send me the wagon, Frank.”

“Okay.”

Allen came into my office. “Glafcke’s at 13 with a prisoner,”
he said. “The squad men are out, Do you want to run out
there?”

1 pushed aside the reports | was studying and slipped into F
my coat. We had only two squad car units, one on regular
patrol, the other held at the station for emergencies. Officers
Steve Konicezny and IeRoy Barney, on station duty had gone &
out a half-hour earlier to investigate an accident. We all :
respected and admired Glaicke. Even those who outranked him
dropped other work at times to keep him from waiting. I was
hurrying out when the two officers on duty came in.

“Pet your accident report go until later,” I told) them.
“Glafeke’s picked up someone and is waiting at box 13, Run
out there.”

They nodded and returned to their squad car.

Halfway to the box Barney said: “Tl bet Glafcke found
someone around the depot. Ile sure likes to keep that place free
of hoboes.””

Hs J The murderer left the railroad right of way, as shown by dotted
ry a . tf line, below, for marshlands and back again in order to throw
& . . f police searchers off the trail. The ruse failed.

| . -

Pied s
Z 7
tdige Y

eT TED RSET RET


lan Steve Koni

ng with Offices be
arney answered the
‘n Patrolman Glafcke
oned headquarters.

the hos-

may be

lance arrives, then go. to
pital and = wait there. He
able to tell you something.”

For a moment I
stood silently, think-

™ A.
ENR ir Os

bared k 7
aio
ep 4 r
<".4 *
1 ae, es + The wounded police veteran was
" ob et found below the call box at point
inalie marked by cross. Dotted lines
a i ah show the three sets of tracks

checked by police.
took route shown by single tracks
toward railroad right-of-way.

eg Re ee

Or ee, -
6, ae” ‘ ave ey
Carer ie ee

2. ‘ae

SS

Killer actually '

ing hard, forcing a picture of the neigh-
borhood into my mind. East of Franklin
street and north of the Pere, Marquette
tracks stretched a long row of low build-
ings, the railroad freight office and a
string of coal bins. There were several
box cars and gondolas there, offering
countless hiding places.

West of Franklin was the depot and
two blocks beyond, the tracks faded into
the city’s outskirts
and into desolate.
marshy countryside.
Hlarrison street, un
paved, paralleled the
railroad on the south.

The district was
residential, fairly well

populated, Only the railroad yards and
Ames Field, a sprawling playground,
broke up the blocks of homes. Box 13
stood in front of a Franklin street
grocery. Across the road was a similar
store. I went to the call box.

“Prank,” I said) when the sergeant
answered, “round up as many beat men
as you can, Tell them to commandeer
taxis and cars. Send the first four or
five to shake down the railroad yards
here. V’ll be in by the time you reach
the others.”

It was long before the days of police
radio for small towns. Witheut that
rapid communication, we had to organize
searchers by reaching some officers
through commercial telephone, catching
others when they reported in on our own
phone system.

J hoped that Steve and Barney would
cling to the faint trail and was grateful
for the heavy, clean snowfall from 8 p.m.
to midnight. Stars were invisible in the
overcast sky, threatening more snow
which would obliterate the killer’s tracks.

If Steve and Barney lost the footprints,
we needed men, plenty of them. Tt was
3:30 when I reached the station and
already the killer had a 20-minute start.
Allen was at the outside telephone when
I came in. He had been in touch already
with three officers on beat and would
soon have the others.

“What did Glafcke
called?” T asked.

“Just ‘Send the wagon, rank,’ he
replied.

The information didn't help much. We
couldn’t tell whether the officer had one,
two or half-dozen prisoners, or who they
were.

“When you get the cast yards covered,
start placing men along the Pere Mar-
quejte right-of-way west at each cross-

ing,” I ordered. “Steve and Barney found
tracks of two men heading west. If they

say when he

Capt. George Stark, left, co-author of this

exciting story, directed the manhunt on

the scene as well as from headquarters.

He also questioned the killer in an effort
to bring about a confession.


Killing an Twi awogolis Calo driver, focused on bow he Wwos
doandoved aS a toddlee ww a trash, caw, cased tu a
house ok p2ost-tut!on and abused repeatedl,, Desp.te.
thet, the Ffarcle Board and Gov. Evan Bayt ret sed
to commute hes Sentence | whrel Was later stayect by QR
Cedera | appeals court Ww Chicago.

Bosh, refused 40 conmucte “the sentence af Srith's
co-deeudent , Cegary ResnoverR, who was
electroucuted w Dec, 1994, The parole Board
scheduled a public heaging on KA ith's cleMenc,
request +p begs et 2 ¢% on Sune 3B wo
INDIFINA Government Centee South, FAM 1 C4,
Carends ante Los atternesys wll 62 allowed +e
speak ol ~ beha The beard will vote
Pulltcly ov os ReComMmendetion June 4. It thew
Goes or Cou, Bayh, who CON accept of Revect
i Aa time beee the scheduled exe cybioy.

Porter Coun

“To

Thursday, June 13, 1996

Second killer scheduled to die

ASSOCIATED PRESS PHOTO

Tommie Smith, 42, who has been on
death row for 15 years, is scheduled
to be the first Indiana inmate to die
by lethal injection at the Indiana State
Prison in Michigan City early Friday.

Tommie Smith, convicted
of killing an Indianapolis
police officer, will be the
first Indiana inmate to die
by lethal injection Friday.

By John Pletz
Staff Writer

Sometime in the first minutes of Friday
morning, the convicted killer of an
rare lis police officer is scheduled to be
odes eath at the Indiana State Prison in
ichigan City.

EXECUTION

Although Tommie Smith, 42, will be the
75th _— executed in Indiana since 1897,
he will be the first to die by lethal injection.

Three others who have been executed
since 1981, after capital punishment was
reinstated by the U.S. Supreme Court in
1976, died in the electric chair.

The last execution was in December 1994,
when Gregory Resnover, Smith’s co-defen-
dant in the 1980 slaying of Sgt. Jack
Ohrberg, was electrocuted.

Since then, the Indiana General Assembly
changed the method of execution from electro-
cution to lethal injection. The reason wasn’t
that injection is more humane to the con-

‘

demned than electrocution, said Rep. Ralph
Ayres, R-Chesterton, who co-autho d the law.

“There’s less attention on the method of
execution and more on the crime commit-
ted,” Ayres said.

Lethal injection is the most common form
of execution, used today by 32 states, accord-
ing to the Death Penalty Information Center.

Barring a last-minute stay from the U.S.
Supreme Court or clemency from Gov. Evan
Bayh, Smith will be led from his cell some-
time after midnight.

Instead of being strapped to a chair i
two electrodes, Smith will be put on a
ney and two catheters will be inserted ‘ato

See EXECUTION, B2


THE COURIER-JOURNAL ¢ REGION « FRIDAY, JUNE 14, 1996

Supreme Court delays Hoosier’s execution

By NANCY ARMOUR
Associated Press

The future of Tommie Smith, a
Hoosier inmate condemned to die by
lethal injection, remains in the hands
of the U.S. Supreme Court, which
halted his execution yesterday just
hours before he was scheduled to die.

In a one-paragraph order, the na-
tion’s highest court told
state officials not to execute
Smith until the court could
act on his formal appeal. It
gave no indication of when
that would be.

“Right now we're in a
holding pattern,” said Alan
Freedman, one of Smith’s
attorneys. “It could be a few weeks or
a few months.”

Smith was sentenced to death for
the 1980 killing of an Indianapolis po-
lice officer, and he would have been
the first Indiana inmate executed by
lethal injection. He was scheduled to
die at 12:01 a.m. (EST) today at the
Indiana State Prison in Michigan City.

Smith’s attorneys were optimistic
that the Supreme Court would grant a

stay while it considers whether a new

whws. a (3-4 %
Indiana killer

INDIANA

law limiting death-penalty appeals is
constitutional. That law, the Anti-Ter-
rorism and Effective Death Penalty
Act, signed by President Clinton in
April, was designed to curb frivolous
appeals that only prolong the legal
process.

But in an appeal filed Monday with
the U.S. Supreme Court, Smith’s at-
torneys gaa Congress went too

ar

Under the new law, most
state prisoners are allowed
only one appeal — called a
writ of habeas corpus — in
federal court. Before an in-
mate could file a second ap-
peal in federal court, a

' three-judge appellate panel
must give approval.

Such appellate-panel decisions,
likely to be rejections unless extraor-
dinary new evidence is presented,
would otherwise be final.

The Supreme Court, which has al-
ready expressed concern that the new
law limits its power, heard arguments
June 3 in a similar challenge from
Georgia inmate Ellis Wayne Felker. A
decision in the Felker case is expect-
ed before the court’s summer recess,

eatkrier~Jou thal

which begins next weekend.

“We're hoping — and I emphasize
hope — this means the court will not
rule on our petition until the court
rules on the Georgia case,” said
Thomas Schornhorst, another of
Smith’s attorneys.

The court could issue a decision on
Smith’s appeal before the summer re-
cess, but it is more likely to take up
the case when the next session begins
in October.

The state will wait for the Supreme.
Court to take further action, said Rich
Schneider, spokesman for the Indiana
attorney general’s office.

Smith was sentenced to die for
shooting Sgt. Jack Ohrberg, who was
trying to serve an arrest warrant for
Gregory Resnover in an-earlier slay-
ing of a Brinks security guard.

hr-

smith has maintained he shat
berg in self-defense, thinking he was
an intruder trying to break into his
house. ee

Even though Resnover did _not_fire
the fatal shots, prosecutors argued he
was just as responsible for Ohrberg’s
death, and the courts agreed. He was
executed in December 1994, the last
Indiana inmate to die in the electric
chair. So

will go to his death step by step

Associated Press

Unlike most people, Tommie Smith
knows exactly how he will die and
how he will spend his last day.

‘It has been planned with the preci-
sion of a drill — every minute ac-
counted for, nothing left to chance be-
fore he is strapped to a gurney and
taken to the execution chamber.

- ‘Smith is scheduled to be executed
early tomorrow at the Indiana State

Prison in Michigan City for the 1980

murder of an saggy police offi-
cer. He will be the
mate to die by lethal injection.
‘ (ndiana’s last execution was in De-
cember 1994, when Gregory Res-
nover, Smith’s co-defendant, was
electrocuted.)
- Smith has exhausted all his ap-
peals, but his attorneys hope the U.S.
Supreme Court will grant a last-min-
ute stay while it considers whether a
new law limiting death-penalty ap-
peals is constitutional.
: Prison spokesman Barry Nothstine
said the execution team has spent
about 40 hours over the last eight
weeks practicing its duties.
‘ Shortly after 12:01 a.m. EST, Smith
will be takeri from a holding cell next
to the execution chamber and placed
on a hospital gurney. He will be
strapped down and wheeled next
door.
In the white-tiled room, the gurney
will be bolted to the floor and intrave-
nous tubes inserted into Smith’s

Indiana in-:

at
arms. The tubes will run into another
room, where the injections will start..

The first drug to drip into Smith’s
veins will be sodium pentothal to put
him to sleep. Next, saline solution will
go through the tubes to prevent clog-
ging before a muscle relaxant, pan-

curonium bromide, is administered.

Another dose of saline solution will
be given, followed by potassium chlo-
ride, which will stop all organ func-
tion if Smith is still alive. The size of
the sodium pentothal dose alone
might be enough to kill him.

rade.”

Jazz clarinetist Pete Fountain
kicked it off at dawn as he led his
Half-Fast Marching Club down
fashionable St. Charles Avenue.

Associated Press
- The U.S. Supreme Court today

refused to hear the appeal of Indi-

ana Death Row inmate Tommie J.
_ Smith, who was sentenced to die
for the shooting death of a police
officer.

The nation’s high court did not
comment on its refusal to hear the
case,"

Smith and co-defendant Greg-
ory Resnover were sentenced to
die for the 1980 shooting death of

Indianapolis Police Sgt. Jack Ohr-

berg. Resnover was. executed in
the electric chair Dec. 8, 1994.

Police were trying to arrest Res- |
nover at a house for the shooting -

death of a Brinks guard when he
and Smith opened fire with auto-
‘matic weapons. Prosecutors ac-
knowledged that Resnover did not
fire the fatal shots but said he was
equally responsible for the crime.

Phisggesvu salvar

“This is more jewels than any |

movie star has,” she said. “I’ve

forgotten all about my real life.”

~~

ge ate
Death Row inmate loses appeal .

”

The courts agreed.
Rich Schneider, a ideas
for the attorney general's office,

was not immediately available for
comment. But the office has said
in the past that Smith is among
Death Row inmates nearing the

- end of their appeal process.

THE INDIANAPOLIS NEWS

' Published daily, except Sundays and the.

observed holidays of Memorial Day, July 4th,

- Labor Day, Thanksgiving, Christmas and New —

Year’s Day, by Indianapolis Newspapers, Inc.,

307 N. Pennsylvania St. Mailing address: _

The Indianapolis News, P.O. Box 145,

. Indianapolis, IN 46206-0145.

TELEPHONE NUMBERS
General Information ..........+.... 633-1240
Toll-Free (Outside ye
Local Calling Area) ...... 1-800-669-7827 .. .
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op Uvex. Of long .
_ strings of faux pearls.

‘Inmate hoped —

for change

Continued from Page One

curious and the driven — that had
gathered for a man who didn’t want
to die paled in comparison with
those that assembled in 198] for a
man who did. Protesters marched
outside the prison Starting at noon
the day Steven Judy, who had
waived his appeals, voluntarily
marched to the electric chair; the

vigil for Resnover started eight ©

hours later in the dav.

And in the end, a man convicted

of opening fire on police with a se-

miautomatic weapon offered that 7

maybe his death would end the
death penalty.
Resnover told one of his attor-

neys, Robert Hammerle, who |-

dressed in black to witness the ex-
ecution, that perhaps “in his death
— and in his death this way — there
can be some meaning made of his
life, that this whole barbaric process
can be put to an end.”

But in his last and most sensa-
tional attempt to enhance that pos-
sibility, Resnover failed. He wanted
to die with his face exposed and a
camera rolling. But 70 minutes be-

fore guards entered a holding cell to |

escort Resnover on his last walk,
the Indiana Supreme Court ruled
that the execution would not be
taped and that he would have to
wear the traditional black fabric
hood.

A Department of Correction phy-
sician pronounced him dead at 12:13

a.m. CST. It took just one two-step |.

application of electricity — 2,200
volts for i0 seconds, then 500 volts
for 20 seconds — a relief for tense
correction officials who oversaw the
1985 electrocution of William Van-
diver that, for undetermined rea-
sons, took three such applications
over 17 minutes.

Resnover, 43, died three days
short of the 14th anniversary of Sgt.
Jack Ohrberg’s death as the officer
tried to arrest Resnover for the mur-
der of a Brink’s guard four months

earlier. While Resnover did not fire | :

the fatal shot at Ohrberg — accom-
plice Tommie Smith awaits the elec-
tric chair for doing so — Indiana
law allows participants in such an
action to be held equally culpable.

1

rom 8 a.m. te 4 p.m. Wednesday, '
Resnover visited with his family. |
Later, his attorneys — Hammerle, |
Monica Foster and Rhonda Long- |
Sharp — met with him until 10:30. 7
Wanda Callahan, an ordained min- :
ister who advises death-row “A
mates, was with him after that, saic
correction spokeswoman Pam Patti-
At some point during the day, his
head and legs were shaved so that
electrodes could be attached. He ac-
cepted a new set of prison —
— shower shoes, a long-sleeved |
denim shirt and jeans that had been -
slit up the legs to accommodate the
° But iy refused to take a shower, :
to order a last meal or to eat the a |
the prison prepared anyway — fried |
chicken, mashed potatoes and gra-
vy, brussels sprouts, salad with |
French dressing, rolls and ice cream
es.
ree p.m., Resnover was
moved from his cell to a special
holding cell next to the death cham-
ber. At 12:01 a.m. yesterday, guards
entered the cell; one of them read
| the death warrant aloud and asked
Resnover if he had any last-minute
S or a statement.
eat do not,” he was quoted as say-
ing. “I made one to my attorney. —
The hood was placed over nis

{
t

/2-9-94

(Ourler _

STS urNnwal
ve OUIS vil e

Ne iticky


- SER SouRNAL- 412-794
- ca 7 i a AE TTS
at A search for ‘some meaning’

pes ~ Inmate hoped
g> death would
\ a 1 ie 7

Xe Sve uci(t~d) bring change

By MARY DIETER
Staff Writer

ae MICHIGAN CITY, Ind. — In the
{

end, Gregory Resnover Showed little

gence
His positive outlook turned to quiet
worry and then dissolved into tears
v \ as he said goodbye to his older broth-

‘
me
mae
And although he was about to be
| > executed for his role in the 1980
pos murder of an Indianapolis Police de-
tective, he told Dwight that he
| “didn’t want People to think he’s a

( brutal type of person.”

\ Ironies abounded on the last
night of Resnover’s life, in the hours
leading up to his death in Indiana’s
electric chair early yesterday.

Christmas lights twinkled inside
the working-class houses that line
Michigan City’s Chicago Street, un-
fairly competing with the blazing
beacons of the neighboring Indiana
State Prison.

Reporters and Photographers
re from newspapers and television sta-
. tions in Louisville, Indianapolis,
South Bend and elsewhere equaled
the number of other onlookers who
waited in Subfreezing weather.

Us SV le

+
a

Cc;

Ci
ff
£

Indeed, the crowds — both the ASSOCIATED PRESS
A weeping relative of Gregory Resnover was comforted
> See INMATE early yesterday after Resnover died in Indiana’s electric

Page 6, col. 3, this section chair. The family maintained vigil just inside the gates.

head and Resnover, finally shedding
“his resistance, was led the 25 steps
fo'the chair, which is made of wood
taken from the gallows that Indiana
used to hang condemned criminals
* until 1914. After he was Strapped in,
#curtains were drawn so that the wit-
“Thesses Resnover invited — he could
g4Sk, up to 10 but reports vary on
{How many attended — could watch.

oe its

conspiring to kill him, rather than

Serve a warrant, on the day of Ohr-

berg’s death. They also shouted

Gregory heatedly at reporters who, cousin
Resnover Kevin Resnover said, “are just as
Was executed Much a part of this murder as any-

in slaying one else.”
of detective Dwight Resnover’s eyes glistened
in the television camera lights as he
described his last moments with his
4iBeasmall chamber, one of two cor- brother. “He looked sort of calm
fection officers pulled the switch. three anti-death-penaity organiza- and worried. I would be worried,
: ~The chair functioned Perfectly, tions chanted ditties: “Hey, hey: ho, oo,” he said.

just as it had when it was ERS ho the death penaity’s got to go” Did Gregory express remorse?
Nov. 28 and Wednesday morning. and “two, four. six. eight: no more “No. We didn’t get on that subject.

- ‘Resnover became the 75th man ogee ‘ _-- He's told me numerous times
be éxecuted by the state since 1897, killing by the state. he’s sorry this ever happened to
' the: 62nd to be electrocuted. Resnover’s family, their distress Ohrberg ... but he said. ‘What
*: Qutside the prison, members of tumed to anger. accused police of about me? ™

ZT dee

2) 7


ae
| VL
a 5
S Dd
are

a) <9
Se

LOM EPL LDCS ECT I EM Stet Macit- ts sacesis aSetelbtsstnis i, 3

Execution at midnight

Indiana to join states using death penalty to curb-crime |
will pass. A doctor will examine him. If :

BY MARK CURNUTTE :
The Cincinnati Enquirer

Shortly before midnight tonight at th
Indiana State Prison in Michigan City, Grego-
ry Resnover will be blindfolded. Two guards
will lead him 15 feet from a holding cell to a
brown wooden chair fashioned from gallows
the state last used in 1913. =

Guards will fit a black hood over Res-
nover’s shaven head. They will affix elec-
trodes to his body and tighten leather straps
across his chest and lap before leaving the
death chamber.

Exactly 2,300 volts of electricity will
course through his body for 10 seconds. His
fists will involuntarily clench. Then 500 volts
will be applied for 20 seconds. Five minutes

Resnover’s heart is still beating, another 500
volts will be administered for 20 more sec-
onds. :

Barring any last-minute stays of execution,
Resnover will become the third person put to
death in Indiana since the U.S. Supreme Court
ended legal bans on the death penalty in 1976.
His crime: the shooting death of an Indianapo-
lis police officer in 1980. After Resnover, it
appears that at least three more Indiana
prisoners will die in the next few months.

Ohio has yet to put to death any of its 134
death row inmates since the Supreme Court
ruling, and, experts say, the state is at least
two or three years away from carrying out an

(Please see EXECUTE, Page A16)

cet web!


pL Eas 8 Jumper TET

feldil | A eeese more
: . . Kass Lot

sntoatemer iets he

MD Srucace,

@ Continued from A-1

Resnover had invited 10 people
lo witness his execution, including
Mayor Stephen Goldsmith, Gov.
Evan Bayh, Marion County Prose-
cutor Jeff Modisett and Indiana
Attorney General Pam Carter. All
of the politicians declined.

Among the nine people ulti-
mately allowed in the witness
room were Resnover's 18-year-old
son. Gregory Barnett, and his
cousin, Kevin Resnover.

Also present were Resnover's
attorney, Robert W. Hammerle; In-
dianapolis Star reporter Lynn
Ford: and Eric McCauley and Vir-
ginia Burns, South Bend members
of the Human Rights Coalition.

Up until a few hours before his
death, Resnover fought unsuc-
cessfully to have a cloth mask
‘removed from his face during the
execution and to have his death
videotaped.

At 12:01 a.m. CST — 1:0] a.m.
Indianapolis time — three prison
staffers entered the holding area
where Resnover had been moved

| at 6 p.m., Pattison said. They then

read Resnover an execution war-
rant signed by Hendricks Circuit
Court Judge Jeffrey V. Boles.
Boles was the special judge who
presided over Resnover's 198] tri-

mendation for the death penalty.
Sometime between 12:0] a.m.-

and 12:13 a.m., “the procedure
was done once,” Pattison said, re-
ferring to the administration of
2.300 volts for 10 seconds and
500 volts for 20 seconds.

“There was no problem with
the execution,” she said. “The
equipment functioned properly.”

The spokeswoman said elec-
trodes were attached to Res-

_nover's calves and to the top of his -
- shaved head.

Barry L. Nothstine Sr., an ad-
ministrator at the prison, side-
stepped reporters’ questions about
who actually threw the switch
sending electricity to the chair.

“There were two individuals
who go into the control room, and-
they never discuss who does
what,” he said.

Pattison said the chair was test-
ed Nov. 28 and Wednesday in
hopes of avoiding problems that
occurred the last time it was used
— for William Vandiver's execu-
tion in 1985.

Because of an apparent break
in the current to the electric chair,
Vandiver did not die immediately.
Prison officials had to repeat the
process several times. As a result,

al and accepted the jury recom- -that execution lasted 17 minutes.

After that mishap, prison offi-
cials had a “measuring device”:

od iy Ee
mesnover: Held hope

installed to ensure there would be
no decrease in power when the
switch was thrown, Pattison said.

“If the levels of current are not
proper, we won't start the pro-
cess,” she said.

Ten minutes after Resnover
was declared dead by an unidenti-
fied physician from the Depart-
ment of Correction, Renover's at-
torney emerged from the prison.

In the glare of television lights
and cameras, Hammerle said:
“One of-the things that Gregory
Resnover told me right before he
died was that-maybe, maybe. that
in his death, and in his death this
way, there can be.some meaning
made to his life — that this whole
barbaric process can be put to an
end. ‘

“| hope to God it can; so-some-
thing can be made out of this. -

Hammerle prefaced his remarks
by saying, “To watch a man die.
watch him be electrocuted, I'm
fully convinced we don't have the
foggiest idea of who we are as a
people, much less of how we got
here.

’ “The fact is, we are a violent
people.” Bh eeaes 42
Prison officials said Resnover’s

. family had arranged to transport

his body to an Indianapolis funer-
al home soon after the execution.

. oe week

woe re te remree see err veresetes esse:

RAAAAE rs ATRrSE MATIAG AC rns. EEE


¥ Gregory RESNOVER, Plaintiff-
Appellant,

Vv.

Linley E. PEARSON, Attorney General of
Indiana, and Richard Clark, Superin-
tendent, Indiana State Prison, Defen-
dants—Appellees.

No. 91-1367.

United States Court of Appeals,
Seventh Circuit.

Argued Dec. 18, 1991.
Decided June 25, 1992.

Following affirmance, 460 N.E.2d 922,
of convictions of murder and conspiracy to
commit murder and death sentence, peti-
tioner sought postconviction relief. Two
petitions were denied, and the Indiana Su-
preme Court, 507 N.E.2d 1882, 547 N.E.2d
814, affirmed. Petitioner sought habeas
corpus relief. The United States District
Court for the Northern District of Indiana,
Allen Sharp, Chief Judge, 754 F.Supp.
1374, denied relief, and petitioner appealed.
The Court of Appeals, Bauer, Chief Judge,
held that: (1) petitioner was not entitled to
evidentiary hearing; (2) absent showing of
cause and prejudice, claims petitioner failed
to raise in state court were procedurally
defaulted; (8) defendant’s Sixth Amend-
ment rights were not violated by govern-
ment’s use of evidence at trial of his state-
ments to fellow inmate; (4) petitioner was
not denied effective assistance of trial or
x “appellate counsel; (5) evidence was suffi-
cient to support conviction; (6) trial court’s
instructions gave petitioner individualized
attention; and (7) state’s closing argument
did not violate petitioner’s constitutional
-rights.
‘ Affirmed.

1. Habeas Corpus ¢404

_ Under cause and prejudice standard
for excusing habeas petitioner’s failure to
‘develop material fact in state-court pro-
“ceedings, petitioner is entitled to evidentia-
ry hearing if he can show cause for his

xX Reswover exec Ia-F-T¢ Boba

RESNOVER vy. PEARSON
Cite as 965 F.2d 1453 (7th Cir. 1992)

1453

failure to develop facts in state-court pro-
ceedings and actual prejudice resulting
from that failure.

2. Habeas Corpus ¢401

Habeas petitioner’s failure to develop
claim in state-court proceedings will be ex-
cused and hearing mandated if he can show
that fundamental miscarriage of justice
would result from failure to hold federal
evidentiary hearing.

3. Habeas Corpus 4404, 742

Habeas petitioner failed to show cause
for his failure to develop material facts and
prejudice resulting from that failure, and
therefore was not entitled to evidentiary
hearing, where there had been full and fair
adjudication in state court. 28 U.S.C.A.
§ 2254(d).

4, Habeas Corpus 404

Without showing of good cause for
default and prejudice to petitioner, issue
that could have been, but was not, present-
ed to state court cannot be addressed in
federal habeas corpus proceedings.

5. Habeas Corpus ¢=404

Absent showing of cause and preju-
dice, claims that habeas petitioner failed to
raise in state court were procedurally de-
faulted.

6. Criminal Law ¢412.1(2), 412.2(4)
Defendant’s Sixth Amendment rights
were not violated by government’s use as
evidence at trial of his statements to fellow
inmate, absent any allegation that inmate
was a government agent or was encour-
aged in any way by the government to

secure information from defendant.
U.S.C.A. Const.Amend. 6.

7. Criminal Law ¢641.13(1)

Defendant claiming ineffectiveness of
counsel must show that counsel’s perform-
ance fell below objective standard of rea-
sonableness and that counsel’s deficient

performance prejudiced the defendant.
U.S.C.A. Const.Amend. 6.

8. Criminal Law ¢641.13(7)
Trial counsel was not ineffective in
penalty phase of capital case in failing to

4

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dec

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sHll 6A

f1, GLOW.

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INDIANA.

fyb: get oe hghest

“INDIANAPOLIS = mov Bayh
- denied’ clemency "tor! EGeeaory
i Resnover, 43; condemned. to’ die »
» Thursday i in the electric chair for
' Hie: 1980 slaying ofa police Officer..
“Resnoyer’s lawyers have. appeals
ri - Pending and _ his father. asked to
:, AARRE bwith ei

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- . i
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hay # it ‘¢ A i,
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a eee:
Usa TODAY :TUESDAY.ADECEMBER © Sam

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¢ SMtTH, Lume S/S) 796,

URGENT ACTION APPEAL

e Urgent Action Program Office _@ P.O.Box 1270 Nederland CO 80466-1270 ¢ ph. 303 440 0913 e fax: 303 258 7881. e e-mail: sharriso@igc.apc.org e
EXTRA 68/94 Death Penalty 23 November 1994
USA (Indiana) Gregory RESNOVER (aka Ajamu Nassor)

Gregory Resnover is scheduled to be executed in Indiana on 8 December 1994. He was one of two men convicted of the
murder of Police Sgt. Jack Ohrlberg in Indianapolis in 1980. The crime occurred after police attempted to serve papers on the
occupants of a house and were shot at from within when they tried to enter the building. Resnover and his codefendant,

Tommie Smith, are black; the victim was white. On 23 November the Indiana Parole Board recommended to the governor
that Gregory Resnover not be granted clemency.

Gregory Resnover and Tommie Smith were jointly tried for the murder and both received the death penalty. Charges against
Resnover's brother, Earl Resnover. were dismissed for lack of evidence. However, ievent investigations suggest that Gregory
Resnover threw down a gun that was not fired and that it was his brother, Earl, who threw down the weapon that was

fired eight tumes. Earl Resnover was reportedly found to have large amounts of gunshot residue on both hands. In a petition

for clemency in November 1994 it was argued that the jury at Gregory Resnover's trial was seriously misled when it was told
that he and Tommie Smith were equally culpable.

The attorney who prosecuted Gregory Resnover in 1981 came forward publicly in November 1994 to oppose the execution.
David E Cook, Marion County's former chief deputy prosecutor, said it was the state's theory at trial that Gregory Resnover
was not the person who fired the fatal shot. However, when the Indiana Supreme Court affirmed Resnover's conviction it
made findings that Cook considers were "material misrepresentations of the facts as they were presented at trial." The most
serious was a finding that Gregory Resnover's fingerprints were on the two recovered weapons which had been fired. Cook is
adamant that "there was absolutely no fingerprint evidence in this case as regards Gregory Resnover."

Indiana State Representative William A Crawford also publicly opposes Mr Resnover's execution based on allegations of
racial discrimination. He noted a gross disparity in sentencing between this case and that of a white Indianapolis man who
fatally shot a police officer in 1988 and was sentenced to seven years for involuntary manslaughter. Mr Crawford stated,

"...executing Gregory Resnover would result in an extreme injustice. We do not execute people for attempting to commit a
homicide." :

BACKGROUND INFORMATION

Mr Resnover would be the first prisoner executed in Indiana since 1985. Two prisoners have been executed under the state's
currcnt death peiiaity laws since 1983. Some 50 prisoners are under sentence of death. The method of execution is
electrocution. The power to grant clemency rests with the state governor, on the advice of the Parole Board.

RECOMMENDED ACTION: Please send telegrams/faxes/express and airmail letters or telephone:
e urging Governor Bayh to grant clemency to Gregory Resnover by commuting his death sentence;
e acknowledging the seriousness of the crime and expressing svmpathy for the family of the murdered police officer:

¢ expressing concern at evidence which suggests that Gregory Resnover did not fire the fatal shot that killed the victim (his
fingerprints were not found on the weapons that had been fired):

¢ noting that the attorney who prosecuted Mr Resnover at trial feels so strongly that this execution would be an injustice
that he has come forward publicly to say so;

e expressing concern about allegations of racial discrimination in the application of the death penalty in Indiana: Mr
Resnover received the death penalty while a white defendant convicted of an apparently similar offence in 1988 received
seven years’ imprisonment.

This Urgent Action appeal originated from Amnesty International's research headquarters at the International Secretariat in London, United Kingdom. Amnesty

International is an independent worldwide movement working for the international protection of human rights. It seeks the release of men and women detained

anywhere because of their beliefs, color, sex, ethnic origin, language or religious creed, provided they have not used nor advocated violence. These are termed

prisoners of conscience. It works for fair and prompt trials for all political prisoners and works on behalf of such people detained without charge or trial. It
opposes the death penalty and torture or other cruel, inhuman or degrading treatment or punishment of all prisoners without reservation.

KkSNOVER, Gregory, black, elec, INSP (Marion) Dec, 8th, 199

Death penalty becoming ‘real’

Four could
be executed
this week

By Tony Mauro
and Mark Potok
USA TODAY

Barring reprieves, four
death row inmates will be exe-
cuted by week’s end, tying a re-
cord for the most executions
nationwide in a week in the
modern death penalty era.

A fifth, Texan Samuel Haw-
kins, won a stay from the Su-
preme Court Tuesday just
nours before he was to die by
lethal injection.

“I’m not sure I can tell you
anything that would be fit to
print,”’ Hutchinson County,
Texas, District Attorney Ste-
phen Cross said. “I’m just sick
about it.”

A sixth inmate, Pennsylva-
nian Steven Duffey, won a de-
lay Monday. There haven't
been more than four execu-
tions in any week since the Su-
preme Court allowed them to
resume in 1976.

The high number is some-
thing of a coincidence that
symbolizes the resurgent popu-
larity of capital punishment.

“It’s a sign to the public that
the death penalty is becoming
very real,” says Leigh Dinger-
son of the National Coalition to
Abolish the Death Penalty.

All the inmates scheduled to
die this week .arrived at the
end of their appeals through a
long and tangled legal path.

The reality of the death pen-

alty soon may increase:
> Many “tough-on-crime”

candidates who made the

death penalty an issue won on

Election Day. New York, Iowa |
and

may rein-

state the penalty as a result.
> Nebraska, Idaho and
Maryland this year held their

first executions in decades...
> Victorious House Republi-»
cans, in their Contract with’
America, pledged.to make cap-
ital punishment more “effec-

tive” by streamlining the ap-

peals process, which can take a’

decade or more, « 4

“Because of the new wave of

conservatism, the death penal-
ty will be more difficult to re-

sist,” says University of Iowa’
law professor David Baldus, .

“The pressure is on for gover-

Most death-row inmates are white men

Nearly 3,000 inmates are on death row across the USA, most of them white males. More than 1,300 others have had their
sentences reversed or commuted. More than 250 have been executed since reinstitution of the death penalty in 1976.

half are white
Race/ethnicity of the 2,948 on death row,
compared with population as a whole

C”) Death row Ed U.S. population

Black 40%

Hispanic!
Native hag
American | .7%

8%
3.5%

Almost all are male

Male [
Female {|} 44

Asian

___} 2,907

When the death penalty was banned in
1966, less than half of Americans
favored it, but support grew to two-thirds
by the time it was reinstituted in 1976.
Now four out of five support it:

1966 42%
1976 166%
1994 ] 80%

things up a lot.”

death penalty is reaching rec-
ord levels — 80% in some polls.

October, 74%'said they favored
the death penalty. But when
told that in Massachusetts mur- _
derers. are : {
without. parole,’ Support o
dropped to 38%. 5

port of the death penalty, or is
it really a matter of people not
-being informed?” asks ‘Helen —
~Prejean, a Louisiana nun who's
counseled death row ‘inmates.
and their victims’ families, /

said the Rev.Edward Ducree
of the Indiana NAACP, ‘which
‘is fighting the scheduled execu-
tion of Gregory Resnover, “It's
something that seems i i
meate society." 10) 1
- «Legal constraints still’make
it unlikely that executions will’ -
increase dramatically: 1994.

than the 38 last year.)

1 — Hispanics can be of any race,

OLD SPARKY: Florida, with the second
highest total of executions, relies on the
electric chair called ‘Old Sparky.’ The
latest person to be sentenced to the chair
is Paul Hill, convicted of killing a doctor
and his escort outside a Pensacola
abortion clinic.

Executions state-by-state

Texas 84 Utah 4

Fla. 33 Del. 4

Va. 24 Ariz. 3 |
La. 21 Okla. 3 |
Ga. 18 Ind. 2 |
Mo. 11 Calif. 2
Ala. 10 lil. 2 |
Ark. fe) Wash. 2
NOS S056 Wyo. to
Nev. § Idaho 1
Miss. 4 Md. 1 |
S.C. 4 Neb. 1
Executions year by year

Since the 1976 reinstatement of
capital punishment, there have
been 255 executions:

40
35

Source: NAACP Legal Defense, USA TODAY/CNN/Gallup Polls

nors, judges, everyone to speed

Popular support.for the

In a Massachusetts poll in

Sentenced ‘to life j
“How strong, really, is sup-

Helen —

“There seems to be a fervor, —
a fever’ now,' for’ executions,”

fore

probably will end with fewer

In New York, where the de-.
feat of Gov, Mario Cuomo
SO eid ihe Mey

7 DAYS ON DEATH ROW

ctim’s

By Bob Laird, USA TODAY

for life was $750,000.

But Harris County District
Attorney Johnny Holmes in-
sists the high cost would disap-
pear if the appeals process
were streamlined.

“To me, that’s like the kid
. Who killed his mommy and

daddy and now he wants pro-
bation because he’s an or-
phan,” says Holmes. ‘‘The
' whole process is our process,

and we can change it to make
‘it less costly.” »
|.» At the federal level, a push is
» likely for a sharp limit to the
» -Rumber of appeals a death row
, inmate can initiate. Several of
_ the inmates executed this week
_ will -have made repeated ap-
i) peals to the Supreme Court.
») Limiting appeals makes
Sense to people like Pat Teer of
-Houston, whose son Mark Alan

we

. seco all aii Te a ah a yen
eye? tant yy ER POS Pays i cae py het i PDA. Powell iv hs apa yee? |
Bele! prec tine “Hon many veh eri ev yOuUT jentlod, wid Was |  fuvebohyage peep
jetonfter on {To thin qnetien the deyendnut Ray "yall btn experlenoe sith fhig A Menivey
ine propradn 00: Answer that be did not know, Lael thie ker ered Mii wanted
i ih he Judging from what examftnation was { yuic lee him te be a! ad ar wiscEnd
the chares of DMtde Dr. Wilton wal he va ee | mind We peptled diat be thy i
Rinkard to he of aound mind. Whe bt sides hii fa. bared Round. daha tall
rrosa ekxatoined the doctor ta naked the crese-wkamtial; hn taked ont
ARMY HW anthorktion aati rea oe A Per het frote a be Cae lon wnat ih
Yon comunitted or attempted ¢o ma ; : éohat Dakel ld aeenbanl
' thy a i P a es fer: ee oes a | PU ORK ab ono roeret ny ALE the |
fy ae test Know dt-all) When this re- ; dood, He waa then en te ha woul
‘ mine be nie : os cikincdae, persoux In the Leonatdey A'S Obie hia ME Hae Ribot
: CONVEY ‘ Pi asf ; em tie. ba MH ate, ¥ Vay
homes that Hey aeln smith of Webhash:saxt jreRret after | “gl oh Wt i ! sy t ‘ 1
Wak. shot cane tretiiled and etated he had vinited ; mitted te be fnean iy Pe 1 4 that
ane Oo at ared whit : ' the. 4 Ne 1 hail itt would bo nace ana Fat Mbt to Wenge Hate: f
rile eevee Reeth WD ein a. ah and AAG aamethinit of the pe L Yi oP Che heels citel eRe
ahed him the tame questions that had The witness furthor etaind that hte hen sida
cheer asked Afar by Dro Wilson, Dr, [Mor that Rinker wos seme A Oe thie lei iam
Peel h ueated that he thought that ai foe the murder waa otrenutloned by tha i toar
MARION ee ene we StCOTEDE So fact that the ertist 4 HA cotint TON wth the.
MATA eonnuit sufeide wan not neceasarity of | ithe past lle of the priennes, : tei he
Unsound mit, The toctor made one | Dr PB. Re Drady;, at Wahanti 1s wae Hise bie j
_ Of the best witnesses who haa yet toa.) pnext witnere and wi HN Hed (> BW eT inet Mile
OF WOOD. | tified, ‘g hypothetioal auc 1 ff. *s i Mrdalden iy v ;
ERE. Jitoes Rintkord, © nephew of the dé- | ed Rinkard to he a wisi and us nanan i .
Permit, Was next entied to the witneay ‘mind, he rentled “that hao enn iMppel Hien
eS str and was asked but one question ttm to be of sound Mito, Pa was then (in Pa
may Bring 1,009 une that wis If he considered Rinkard | » crora-pxaminéd pied @eked. le ala | ig
pmat That to be of sound of unsound mind at | man Who would WIHiisly daoipoy hie | Bye
the Cima of the hoolefde, He answered, | own happiness it Wl homie, he of aatnd vi
etvtina that he thong Nt him to he of | matin 2" The wilness ronlled that NO} pap)
Sout nadine, ! wooht lir Headly te: ind ag tithe | vas
of thts ety Po Taery Well Was the next witners and. pert witness, bocaae he was whenva on viii
Fy Wiverse HAVO woe asked if he eonsldered Rinkard | (the board of @¢amiotye pis: isthe ngee—den t tee
eefory ef rhe ta be of sottud-or unaedad fitnd at the rhe ineation nieston in hte county. 4 ‘tien
Kinorien. at time of the evita, he satd he did net At 1? o'elork: court adlonpnesd ri We edge
attemded NS ht, Leon vena at 1:28 «6 fe, ip. | Weads] ovis ,
be NI this (ieoctices Voprer next inok the stand leontinued hia ae tile, are, Fra neehitpaw of ete ; 5
Od the teat land testilled. that, Judging from. the importance were Mrertetie ent Vi Awa Aint!
edee in Mas actions of the’ defendant two (aya | i stil ‘on the atond of 9 o'clock. | othe
peoheld here. previous to the Khooting be would | There are bot threes wlinpened pik te art
pan This consider him of round wind, examine. at fhla tlrood o'clock: Proges. dni
Tg0) people i" Chories Cromer NeXt .textified be- ieutor Amaden Mirited thet it x ould pas wilns )
Biherings a8 fieving: linkard of sound mind. quire butn ehort Lltoe to eoninlete tha
ec aracits At: Maud Dohner was, recalled and tas-— teatimony. The attsprn ve WEL be oube
Duman of titted that Rinkard appeared to be hegin thelr arrvoienta come tise hie a
potnted 9 @eseund, A lke testimony was offered iatfernoon, The cate will be ghee: tel bn
ae, AC CHES by fueretin Moore, colored. Miss ithe Jury some Hing tevgerrew tay nina. | polo
Dohner was (hen recalled and testified | Opinton is Mivided ne tothe prohants |"
TIONS that she had had no special training | fate of the orlaoier ny Chtnle that in
ee in Inernity cases and was thus not ap ihe WIL he uriven thie do th b ponitee ie ts oe
Forward to expert witness. The following were | ihe belfef that hee willl efffer he glyen re
y. examined in ranid sucemssion: & Sentence td the pontlentlars ' Ife i
iis mornin! Normal l. Hixbee—1 think he war of or a death sentoner, at yee
bready befng Sound mind June 9th, LEROY DENNIAL Tay
EF ved natin sae Fleenor—{ think he was | rae Peon Ea errs : |
a arpa Mrs. Jerry Fleenor—I belfeve him to She ae 2 wiv ein hed ri batt ae
Matt Kyo, be a@ man of sound mind. Asked if she ; Baxter ae ge naadie A ira i wee tre
hice arrange. | belleved a sane man would eommit none ars ae eeonte acid Hah fe!
The com. Such a-brutal murder she replied, “1 | 49 ealled In a iib-4c- the il ca et
‘ ei morming but, owint io the 3 Naas
owlth nev. do. if with the temper that man hed. middie’ miei | whith.
mons tt William Tudor—f think him -of ; Prosecuting Atterney Apioten, whi ts
eae foceupled with (he Riki telat te Wes
polis. They sound mind, ty wh: the (aes Waa tee sohdd laine
any similar) DBellm Turner—I don't think he was | ney nveAnce '
his clty, ° | Of ‘ttnsound mind. on Aida
7 : | Mis, Delim Turner! iknow nothing | py.
‘gut. about the affalr. it, |
nt, who has The Jorotywere th8s Saved tf Mew + BB


oat tak MN TE

SA SAS aa He

Be:

semana

8
A
8
>
é
x
Be
4
=
a

“ i tbhiidee Aisa? Gh ib Coe oe eS 4
kerd ciimbi 'p the bars at the side
of the, cage, . another time he said
Rinkatd was intending to take sum
medicine and while on his way to the
water hydrant, suddenty turned about,
and. confronting the witness, sald he
thought some cf the prisoners In the

Jail had stolen his medicine, . Nesbit |

bald he alded. him in searching for. it
and he finally discovered it to be In
Rinkard’s hand. He further stated
that he had never seen Rinkard He
down during the night. The cross-
examination was conducted by Prose-.
tuting Attorney Murphy, of Wabash
county.

Elsworth Holliday, the turnkey at
the Grant county jail, was the next
wilneas called. He testified that he
bad never seen Rinkard sleep during
the entira time that he was confined
In the jail. He also enid that he often
maw Rinkard grasp and violently shake
the, bare and the benches fn the jal.
The defendant also appeared very in-
diferent and sacemed to be very for-
getful. Judging from what he kne-y
of. Rinkard. the witnesa stated that
he thought him to he of unsound mind.

The state began to crosa-examine the
the witness, and when asked if he

knew the conditions of Rinkard’s mind

on the ninth day of June he replie)
that he did not.

Court was then, adfourned.-

At 1:40 court convened and Holifday
tontinued hia testimony. Tha quads
fon was asked him if he had ever
leer the defendant do -a sane thins
while an irfmate of the jnil

Ha replied, “No.”

ie was asked if the pecullar actis:
= the prisoner could not be attribet.

Be 7 ste on
ee ee in beg 845.7453

} waid that ha did not think aq.

;
aYk Neabitt next testified; anr

os
are.

ne
,
*

4

' ee
ahve @

4

= zt Zz “> - z il P
rcliowing Wednesday's renort of the |

Ainkard trial tq The. Chronicle Dr. |
vianilton. vas ine first witness exams |
ined... Alter” orriiminarz. gusstinna 14 |
Was Baked: “Snppess som 4 hoot:
sake 3 ee Eanes i oe ad : io : se * ;

jed Mr’ McConnell to think. that the da-}

om — — > oc @iscs * ¥: te ;
SUOOY Wan tie gamie ag thet of ie |

eS ee a hae SA P i: eh =, Swsbse fet
;had acted om the Sanday previous

‘homicide, On that “day the youn,
‘son of Rinkard died and immediately
lafter, thoss'in the reom «at the time |
‘of the death told Rinkard his eon was!
'dead be (Rinkard) at once procured a!
tfan and began fanning the dead bar.
| *A. few minutes later Rinkard. od-
‘dressed Mr. NeConnell, the Insurance
;man and inquired ahtout the fusurance
on the boy's Hive, Twa or threa days i per
jlater the witness testified ae saw Rin- ‘rip
{kard, who greeted Dim with = wave at}
|his-hat. Other such occurrences cans!

'fendant was insatie at the thae of-the |
| murder, ech. einer: oF see
Lian Owens wag tha next witness thi
‘ealled and she testified. that she saws cc
(Rinkard shoot. s6everel. times with a
lrevolyer while iw ila bath yard. Other!
times she saw him take eeegiar mes-)
itures and mutter ta himscif. She tu -!
'tifled that to the beat'as her fudament :
Rinkard waa of unsound imind at the,
‘time. he ‘cominitted the dand. James r
i Shipley and CC. L. Shouger next testt- |.
{fied but theie testimony was very un: '
i impertant. At 5 y'ciock court adjourn
‘ed until o'clock: Thareday mornin,
LEROY DENNIA

ae He eR: ane

eS ee

ie eh od * Pee TA Pep coe ew

BTA

eae r
es a ieee Re ln 5 Sea


‘defenre: as. their one dsfenge,

‘ing of court filled Lia Saata and.

spe of State Makes a Strona The larrest crowd of Wabash Peale |

the +th he: ahans
sh cae Case in ) Rebuttal ~~ thathaa. Yet—been—presantat-t) ar

ih ae a eos ! room, The number of Marion wits

oo)

yt ‘court mom, As the withosaes - wera

re Us oo kept on the ktand but a fow iwlante?
Rt t? sce | . futareet- in their answare Temaloed
The Superintendent of the -paels keen, The state has produced a great
Asytum Goes Not BWieve Alipkard . : tuanr hee. and betier- Wilicecea whi

* Was awWeat-that in their belief na { Tad dty
ie tas to Be of Unsound — ate pirate beth er hee the dete: wets
ein , the contrary, -The defense ia their
papas _  ehosa- examination: have aiwaya st.
ano, Slee Fee a Correspondence to the Chranicle, tempted ta forces the witness to admit

: ‘ 1 ainsi, indi. Feb, 1@—~Attee the that any one who would shoot his :
o? “9 ov amtnaten of Nesbitt Thu treday afier- And attempt suicide is invane.  Thety

Nae MEL ig which was completed at #:07 ¢rozs examination proved Wagk, ;

1 \ the defense annonnesd thar ChMly with tie-experta,- “ti ret feeerl

. das

nor ; ‘OR. ROGERS ON STAND : wate -waa.not noMceabla In diminia! she

nents “hesaes Who were, excueed gad: éht naz

3

s the afzea of the andtensa iz: cha

‘

Se oe ae

Kiven all ite testimony. that the proaecutiog hay madaashrowd |

3%
dns : igYeater part. of available standin +

enna

Cn ae eee

$7 ; Ys oe oe 7 iy MCABS 23 mans 3.
Tah called dor. Rowers love DY lntrodteing so AR “ts
: hiwieian ter P< Ss eee 2, Ge RE
j ; Tl Ati Derisatendenc of Lanz~ is siclians, whe ‘re RASS TR CS Re Ts
Ham T49 -tite stand ga ‘FS O38 WittGesees for thelr cida-ué tee
“4 , ett i “
= #. ‘ad Sas +
Baw 4 ra ie ck .
TA liAs 3g ‘time of the more .* nw siesta af Sherif
_° . 4 penser: ® =
Feureys. tees? Sufle & Ur. hover ED 64 a ee =
. <t- ase e
; eet 5 > withewr ie 933} Hind ari ae
: ‘lie different-free ethers. | ’
é “ GPIt. deredk e253 : : oe ° . . ,
«? 2 a > 5 Sy « = 2 oe
: . — 4* {g2 + 3 = e: Tis &. az
hote rib ceiwied Cha alors of WARIO“ 10 le toy he done ha taksa Kia:
* : & py +7 i & ae
taASrUdos Loo culiuinatime in the kit “28re willingly and at times a eres.
+ tt. z
: ‘aes : ; rate with > sis feftag@ Srheiners, 4. 24 es :
i stilwieQ -f LAL z :
; yrasea tee t= Rei zn Pi + TS yet ;
a Riseteiaee*e Teh dh piefe iii« BUR ¥. ” Li and! chown ™ ¥e ral rial + 4
: ; oy ” beg > e Ww inten An iM ‘Hay "
Yio the cnestion aa to 8 hether ve A Se Any Durehans :
we 8 ¢ first ithe 2 *hig toipmise i
riche Were anfiielent Pvidence of ‘ first witness ealird thie morniss

we —— mente we “op ements FT SS OTE Se No MO SEES,

Se ne ee

RD elt atin acon ai
=I
se APE SMe ips ean. we. e oleate. anil = osc pee cage * RAs
ona = ror: > hs EE OR NSE I A RN: 5 il anal eamanin mag te ee Se ae ng ha eee ere anes pital sae
* Sh ae = ae oe 2 Te on oe
iT ARY 13, 190}, : * : Bt aaa oA i .
¥
— ARES ere de AS VIE EY in tng rere Ree aed ice beer dedanbiiniaans
.S. r ey 4 q* resumed the examination of thele wits! :
, .. & it ze Ss 5 al at ik Pep pulting tae theo wy thet Ga ¢
leased With as = +3 $ Sth ds i. ee } i Sere 3
% igA to id ‘3 id b the! 7% ty u Ty. ¢ +e sth inet eOule-2? ke $£.45 rf
SiR, Same : “iz SS
, ¥ aS ivisartie and that this Leish LF
iON WAS ee (Sanity results tn the murder of his
ae ce Fee tres AE see nnat thats Re ae aig
VO PROT. ‘aa advanced by thd attarnera f:

'
|
ee

i


‘ iisailir ax}iam, tO Uleontand ‘mae 64> Ge Wie LU Laskey Bink
fest wituess on tMehbuttal of the COs : eae

tS ECope sien Wt John Rink. .- Deputy Sheriff Brewer
Wk inaese a t the tis at of the mur COURTS, | who in ‘nis ine

ri
SE 2s ab a oa meg

: ; 2 . ee :
ag iis elison June ry Dr. tog corn,; Diwan rt hag. chaz ae :
PeTilkps the wbleas eapert wv ites — that in fhe jal :
Ne Bag Boe PTs any ror othe tf
oO The prosecution tuok & aup- litte diferent from othe

a} ¢ 4s ee. a ff
ition nied related eb story ~ of (Cleaning Up ts to be d
1B

Oe

* eoly ab ay

2. i ing x fn ifs rey kill. aire ee ps Adu at
4 at his fella He

tof (ile Wide,  Atp : iskan taaipng wit hae POW

wma T gid ts eheva:

i} Hiichées ta complete the atary, - BOG i. un bie BOW T
‘ F : ¥ x aN whe ie "eer : ge: R

¥ to tiie alteslion Ba ta ¥ hether : ¥ h an ¥ OD

=

ae Cre tty saa Tht
ficte wer suflicient evidence of The first: ‘wittess called
et Ve er ths

ogerea replied: "b Siboa ee 3 4 of s
honk the t that wold > su ficient wieved Rinkart. of
ree af ineauity.” On OSS @XAI was fotowed by De bert
gn oe ‘ itraaniit : Bes be
fon he vtates that sistetee not an (Steen dire. [Pees
hor, John Henedict,
~ hemuet-Peeier snd
of whom had testified

Hea aft Mee ni ly; that

fies lifter, the prenond

im later gf the propunft

; : believed Binkan Hee.

fest Was taken in his - ae : ; . tard sane .
Pet 4 vere shaken: on eres

aily bs the inany fietle ee - Y a
cut + Neue of the Peters were,
cnt t

Wo Cita : : ned,
Not Cotibe of Marion. who was 4 i, :
ii 3 F be ey oy 228
Wwhaily physiclan ef the Rinkard’s a BOX Pie
:

co that he belfeved Rinkard ta ‘edricker, ks
co

Hifid, t)u cress + Vatira bray Gorman phye aig . in.
: : wan &X ye i, Bs : :
fe stited that & sane man miezht alae : ape J a sa inubenudt
bbe war that atter@pted auicite DM sate tiedleal neheela~ ia tic
+: Lae 2 ears ti 4.1 OF ae ieee ge aes : A

+ a8

Fanity and that there paren : oh then
no P@heon- ta believer Riarhard Eno sd

.
ft
otier expe

i Fah eit E
ni

livedem Aaked
aa ts Bact Ra ril's anit?

st*

James “‘S Jevapes es Wabash waz

e Pre Eyer we 8
rabieckh te tpfs alind and
qd that va a r nest of Jueebh

r

i¢@ cefeutant,

at x 4
LETHE PHT PORE.
-.coniinesl) if Lire : eal Hite

* Pee e+ +
ra Eve Todas

@ you mar

Teanonded the prisoner,

ee

_cails], and wea aah

att nig ftperianeey


Oo oF Che sdicecotaige tsabe

rtoub place yostenduy
COLTON 8h bet
aie TLLOHEOTIEDE La
i VOtPO rie riditotoens
. VtROEEDT CULE EEE ta pod
“”" VOSEROSILUESILUSEOO!
WV ANAS E mie
. Tibet ee Lobe dtOtolod
PESIUSSCRIULSSE OSS!
ur PU RIO SIU SSE RtUS SDE

tt PLUTO AUT bul e0g0g

Thre, Jo aud PoC Vork, seorera
‘ose Pann. The match between

fret nine of the Evanavilles

the Adelphoiw of AL Ourmol,
witnessod by a large assonmbly
srday, The playing was not qnite
J to that of the match betwoon
Kiiversidos aud Adsiphois some
ts ago, and resulted in favor of the
is aaville Club, the score standing
fi ta 26in soveo innings, aa follows :

EVARUVILLES. ADKLPHOIA,

oO. R R.

toy Hy Wileun vee 16
an .. 4 6) Kingsberry 303

C1) shovea 2 8! Dewilwell 14
25. 1 A] Greyson, . 11

: 3 6] Bhannow..... a4

o.. 1 Tp Amdd... 06
3048 23

’ vabeook a7 3 2
Warsncs 35 41

ai 61 al 3

» (Raght—Evanenfes, 5; rer oe v
ue Runs—Kreosvilos, 3 Gr 2
* Maffod—fvansviiles, 2; Arialphota, 8.
jire— WIL Foster, of the Riversides.
ture-—MoCarer and Leughita.

ESTHER.

‘

ud Production of the Cantata.

weudience at the Opera House
night was scarcely lesa than that
uf Thursday evening, and the
notion waa in many respocta en

vib so btke Cre papi ‘aad

; bool woman ou of few 3

h iotwll of trvuble.” dev, Green
Mobsrland uierod up a fervent
bud approprule prayer, at the
penclasion of which Shoritf

}rtatttin anked if he had anything
further to say, aid be answored:
© Nothing but to bid the friends here
good-bye, and hope I'll meet. them all
in Heaven. Farewoll.”

As he coased to speak, the black
cap was drawn ovor hia head, and the
attendauts stepped back. The Sheriif
tooved the lever with his foot, the
dsop fell and, Sawyer fell heavily
@bout four feet, and hung for sore
soconds without any visible struggle,
i; aslight ewaying of the feet up

ad down, a violent tremor of the
hands for five minutes, and ho was
elill.

| The body waa frequently examined
by Drs. Scheller and Thompson,
and waa suffered to hang for
twenty minutes, although he was pro-
nounced to be dead at eleven minutes
alter he fell end probsbly diod a
oiinute or two oarlier.

His body was reesived by four col-
ored men as Mr. Young cut the rops
and let him down. It was placed in
@ common pauper coffin end taken
charge of by Ool. Grill, Township
Trustee, for barial, asthe law pre
soribes,

Among the large number of people
who witaeesed the execution it was
generally odmitied that Sawyor
ovinoed more nerve than had ever been
displayed under like cizustances,
His ronnner was not that of bravedo,

ovement upon the first p t
In writing #0 long a notice of
jrst presentation it would soem
fit should at least havo moa-
xl every meritorious performance
a several wero mentioned more
onos, and the writer can only
lin extenuation thst the omis-

1.3 were not intentional,

. [that was said yeaterday in favor
{ the performance, both dramatio
muaical, apply to the production
‘night, with the sddition that a
». nad witnessing of the performance
‘>. loulated to epprove some of the
: 6ptions of character that, in the
hardly satisfied. The acting
s rplly was improved last night,
4. the singing fully up to thet of
(i) eday, except in the case of biias
| & Hearn, who zang mush better
‘4. e@ Arst soena of the seooad part,
Lcr expression being excolleat and
te * -olo0a much improved eince she
+); ered in the operetta last Wintaz,
» other picoe deserving of especial
.-\:. don, is the quarteiie of Mezza.
il, Gilbert, Patrick and Jeukina,
* 4 wes particalarly fina, The ex-
i. dinaey poussure os our columns
ihis inoxning, makes this notisa nes-
‘so rily bried, henes it is chiefly do
‘ou 1d to supplying Gutisalons fa that
ot j.clerday, whee the valusble cor

ade

nor did he seem stolidly indifferent.

at from first to last he ssamed firm,
dplm and fally sensible of the serioas-
esa of the situation, dat is did not
seem to disturb him, for he stood
clmly chewing tobaseo and spitting
ocasionally until within a few seconds
of the time tho cap was drawn over
hia face. He ovincod not the least
dread, or even excitement, ,

The officera were nsturally very e2-
nously affected st tho being compell-
ed, by their ostha of office, to perform
the duty, but it was not until the ex-
ecution was over thst they betrayed
aay weakness or any more anxiciy
tan whet waa apparent in their fasea,

Daring the execution, ond while
the preperstions wore being made,
the conduct of the crowd outside was
clLamefal Whanever @ door was
openod to admit eny ona, 8 score
would violently rash to gala edzit-
tance, end even come teled to climb
up so na to poop over the door ja the
jail yord. Daring the movaiag one
man perched hiazeif ca the rol of a
Loase in the rear and overlocking the
icll yard, ead just aa a voocad oza
wie tiimbizg up, o (avpauiin esa
drawa up cud hang hom tee sol of
ihe jail to ihe ssoond slazy cf the
Ocurt Hoasa, culidug of the view

cf Col Drow, va cxyanist, Prof,
(Lua, Dlrectur, nad the deserage i

I

Potts OF Sicorta Joakins apd tileotoy i

Gere Rue overboard, bat ta adveghe | |
Ul, Oni i Pulllerq@onics |
Lave every rey bots peeud, not
aly ef heir soto. one i, Wut Of ibeas

Hitt hrs o
+, Wises pew.

6 choct morta yf pie Umuraic.

bee LORI ERIE OU |
j

ad

tf _
a1 4 at |

/ noe a
oVAP 5 ye : To

tor ail baiidisy dathe wear, Whos
he body ways placed ia the cotda the
dourg were thrown open, sid the pop:
see wore aduiited ub ous docy ead
prroutted to wak by tha coms aad
pasé tt O& anoter door,

{ih iWevins in [iv yeres

z
t

st: P swore on

HAiview, {
§ was teem ts 2 Ulewiede ecinve, 1? :
aad AAU Bi, abe get bs eG t
H

)

Uline ¢

- - -- cares i.—

te : . *

:

iuebely nt, tie
fot Blaus exac tt J god wae taken,
Edwant awry sword: Last Sua -y aitarcooa,
i was Ga the coad oomlog tu Beeville, John
Doualoe was with ms. 1 could mo¢ tcl whet tide
that was. Four non rote up aad gollecd to na to
surrender, Poushoe aot down tae yuo et arts!
length, 6nd Blakely rode up and sito bicw IT eap-
pooe the inca were the Mhenif® of Constable; two
were aheed sud two beblod, Thogs tuhind w
pba the length of thia house gpert,

any rewatance or threats, I don’
county it was in; it wea about Gye miles beldw

Crowe cxsmined: 1 eto0d Gozete Dasahoe when
he waa shot, wo wero oa the roed to Zvenavilla
Donahoo bed the gua aod laid jt
a3

:
i

soon es hecamie up solos
long after the shcoting conuisnced.

\ or
wea, thed called to ua to
halt, was ebout ton feet from ua whon we haulted,
T can’t may th was exactly so far by the rule, Ho
coudag when wo bid

Dp
:
a

3
E
:
g
Be

EE pk
the
is
é
ce
el.
E
4
ie?

r

James Taylor repeated the
mony of Mr. Solig. {

¥d, Watts was about ta testify as to
something the doovuased, rald sbout
Diekely, Lisjor Maittisoa objected,
thet Watts had, after Ke was .cau-
tlodsd to keop out of herring of other

witaessoa, recoriged aad listenad to
what was testitied to by tom, leaning

throwgh @ wiadew. Objection over-

yabod, 5+ wees win ;
Whites odd’thd mess oxtdthey tdaa 8 gan
& frees hia aed rte bua to the koove, tad
Tee te ec tee gan wan Bol adod, ana
be tations hen wets peaeery per ths coatnm of

the throws they Lid wmaGa, Gop weak by
usd Hie trvurcn is Sivet, Ste ga Ged bod
tha gon had it vogke pls pom ial They otk
talks Cas ee Liar La a @ title telorains
cther, Lowryhid tag gee, Boer BRR Rete’
Diakuly tribes + ey woukl err bka tue
Ccastomia cd ih, “ae 4 jsag bel got taloa row
with bin, aaa bod etize las gua wey from ase,

Other witaecou!. wiz examined,
omeag them VWoiiam Blskely, 3
brother of the sseared, bat the tesil-

moay did act diiw wabwialy bom

‘nine inaviasgg 128 130
sypoernnce of Lva-
ry 04 the claminatiq woo’ eourtce 62
surpriee to meay, foparamer got
ute clrulstiog flag bin baxiy bad
eid £00! bs ihe beyag wih mcicy

bul bolts te: 14 ;

joa of wikausies th

ste wud tha ¢@

nonompeed Cast ho wuakd pewcen
iscoee wie

Wilitws Idakedy, 4

View seuarontd, 69% Worn

ad, Who exieys the ¢
Seng lab tals yin wisi & b
7 - >
“A 7 Ala a rae
_ oth es
4S

nk, é
onth of Well Oreck, Ky.
. &, biiiuey, Cauceron, bio,

hf higet Ryan, care Maishew Prism, Water
Biroet West Ht, yonae, New Fouadland.
ON W. ¥OSTIA, P.M.

LOCAL NOTICES

bard. T. & 8, A, Coolidge, of the
Now York Store, ero offering at panic
prtoea tho largeat stock of fine Dress
Goods ever pat oa exhibition by any
one firm ini thin olty, Figured Gren-
adines oi 960 worth 400; real Bilk and
Wool Iron Greuadines st immense
disoounts, my20-2t

- —-—

_&a" A beantiful assortment of now,
Cheap Parasols will be ready for ox-
hibition this moraing, of Foster
Brothers’ Great New York City Btore.

Wanted
One or two Good Mechanics to work
ina Door and fash Factory. Good
wages will be given. Apply to.
- Doaszs, Perpies & Oo.,,
my26-3t - Shawnectown, Ill.

“ Younger’s Beotoh Alo.”

A low more barrels (bottled) of this
eplondid Als, for sale cheap, to close
out invoice,at Hedderich & Gambert's.

miy26-2t,

HILLER & BEDIKWEYZR'B

; STOCK OF
SILES, GREWADNIES, and FINE
DREIS GCODS
Of? eli kinds is Unuaaally Large, and
PRICES BXTREMEBY LOW,

REAL LACES and LACZ COLLARS
At about Hal? Prioa.
TRIBMIMG and FRINGES JUST
RECEIVED.

my26-8t

Sa" Lonsdale and Hill Muslins 124

conta a yard,at b'oster Brothers,

To Whom it May Concern.

Tf you w ur Prescriptions care-
tally Billed fone. Pure Deng, and at
reasonable prices, take thom to Hal-
look’s Drag Shore, 54 Main Street, be-
tweea Vien an Becoond, [my eod-tf

>

. Hesrtourn,
So called froma gnawing pein and
heas about tho resion of te stomach,
accompanied with nausea, and the
balching ofa thin, watery, acidnlous
Hquid, ewpecially ia the moralog, are

the coramon syinvtoma. ‘Lo rid your-
elt ed this trouidssase comolaint,

evold catlales of food thet easily ua-
dengo femmentation, ike Cloud's lie |
vigoriting Cordial ilireo times a day,
and glare to a dry dist.

Parasols,
rises at Foster

, 2.

23 Mrcombeis will be

sont ca ths people with

Ai kinds of

sud be ca the

% Patie's cclebreted
baud haa bean ca.

wid, COO nit T
Sy nw CLUAS SEO Ga

Jus Coulee,

ee } bee
et
» eek groscest Chaly-

bowls tone Ra

forthe Bvageville fo 4 Louis

emall tt of re ealpping rretgnt.
jag the latter, sabe divyyod down to U.
wharf and @hchargod key trom.......6.
Cuarmer left at 9 o'clock for a corn pil: opp mite
the polit above... ..+ The Rowe Hity tedt ab
10:0, with @ vuvderote trip... .. The teray,
for Dieabvills, sad the Anna, for bt. Lewis, will bo
hereon SBunday............The Minueoia, fromm
Memphis, will be here early tisls
MNBoecrccceccses ‘The Virginia will be here early
Monday moruing eu route lo New Orleans.

‘Ths Idlewild arrived at 1224) this morping with
fais frdght aud full of people. Cayd. Gus. Fow-
ler ia again on duty. Among her passengera
were Alf, Burnett, his sou Alf, Jr., and Miss
Flelen Nash, his aiocce, who after « successfal
visit to Hencerson, proceed this moruiug by cane
of the pankte lo Owsnabero, where ghey hoid
forth to-night, end return here by the Tarascon
toimorrow....Tho Charmer returned from the
corn pilo et | a.M........A towboat iauded at the
jower wharf at miduight,

MANIFESTS,

Manifest of the steamer Arkansas Welle, from
Cairo to Evensville, May 25,
net epee Jey ou fmbty barrels; Wright,

agbes a to! % Léich & Leawka,
package merchandlee: Wvanaville Journal Comypa-
ny,) @ merchandise; Wm Heilman, 3 pos
tuachinery; t Robinaon, 1 saw, | shalt; P Pretori-
ous lot of mga, iron and old copper,

LESEIPPING,

Loulsville—Spratt & Co, 4 hhda tobacco; Ron-
aid & Bro,, i bhds tobacco; K A Newbause, 63
sacks ear corn,

Put off ot Shawucetown—117 bogedeads to-
bacco, :

Manifest of the steamer. Idlewild, from Calroto
Evansyilis, stay 37, "i):

AH Ghracer, 2 bhds tobacco; Reits & Hauey, f
1 piece Seaehinery; Radler ke White, 5 bbls ochre;
Mike Stump, 5 kage beer; © Kratz, 1 drive pumy
lbandle pope; I Vou Otaeh, 2 skolviva horned
aketetou bu ry; Bleelo & Wella, 1 piece rope; Wa.
Heilman, 35; teeting, 1 shaft, 1 epee 1

clatoh, HB Levy, 19 bead legba; Mi (ard-
ner & Co, § hbdn tobacco; Mackey, Nisbet & Co, 3
bhda todacco, 2 baga raga,

BOSRILPPING,

Lonleville Levy Dells, i miley cow. 1 calf.
Cincinnati--H. L. 5Ules & Oo, 1 box sundries.
Ghawneetowu—3é Lhds tobacco,

BOATS LEAVING ON SUNDAY.

YOR Mase ViLLe,-~The excelent steamer Spray
will be hore to-morrow, at noou, ea route to Nash-
villo end all way porta. Ceptsin Gus. Brown, o
geatleensd of tha old sebool, iain cansanad, aud
A. BR, Bingleboe is hor ecopmpiiahed and popalar
clerk, ‘

You Br. Louta—The "Express Lino’s” magni-
Doeut otes. car Aulata due Bere at nev wocour-
tow, @a rovieto bh. Louk, im chansa cl thus
ploasant pnd sccomplisied geatioraen, Capt. Join
gR i and TH teider, who will give especial

thieutlon|to pasa gers. 7

VER PRLS Gi ass,
—Krequcss mics during

Prrrasce le Wag 24.
the day, iPonungab=te 9 feet diaches and éulling,
. Fruita biste,

Ciwcmemart, Moy 2)~-liver lo tect $ inctea,
ort Gas fallow O incise, Aivivod — iv tzyada,
Mvacaviii, Aicgheny Ueilo sud Cluowyson, RAL
leuk, Lyparted—Aanna, St. lvais Spray, Weah-
¥illey Ma}, Anderaca, Wheeling. tbo Edaburgh
leaves touportow for Red Liver, Wither vory
a Pt iS

Loutny bn, May 28 aivaret 9
fect fs Qui chante ead 44) fora ta
tad tettpdiey tad eloaty to

Cate, May 2-tuvt Lt~lulasced
to Maw Cphesrey 13 wits Lite: St. Louis
Cizrtanwd, baci oo.
sg Vyroms o
Lava t0

‘i ¥. 6) Qalsiowp, Eves
Ville ©) Beth 7, Fiver iat $2 keghos. West oe
CG]  ereary Sd Cig vtea,

morn. | 4h

Ndone DOW

iwi gaa" yr LaLa ui
L. B, Dunham, siaster ;
4 $l, Walker!

x ‘
Lan iichone

Wi ros during the Bammer un oul
water permitting —ee (oliows:

ivaves Evenaville for Now +

FRADAW, JUNG Oy ot & vm.

WEIBMENDAY, JUNE ‘37, ot

AYU, JULY 1G, ob 4 vist,
WALRDAW, AUGUST 4, ab B ec.
gv Through Tickets for Liolue ws

fov wade On thee boat,

Wor feotght of passage ayyply on hos
WwW. o. WH &O

Evansville, Calro & Nik
Steam Packet €

¥OR BUAWNKEKTOWN, CABO, i
MEMPUIS,

> < Mn A

Jdtzabends |

S9rTe Wo gar

(ypU i ORs T
i, T. Daxven, Mester; |
W. 3, Pewaanen

Hanur Daxrex,

Wil loave Evavsville every MONDA

DAY, #8 6 o'clock pia,

Lesree Oairo every TUXSDAY and >
o'clock fm.

f.

: Sos
Apes ARIGQ AS Fai
AKHANSAS
Jiox CGaauexs, Mavjor
Hive PeEKKInG
Bam, Lavearss
Will ave Kwanssilea sawy TUTED

DAY, at 6 o'clock P.u,

Will leave Cairo ewary WEDNESD

UDA, at € o’cloc® v, x.

Beth bosts make clove conns il
with firedelam eieamera for G1. Lo
aud New Orloana, and st Evansville
C. B, B. for ai] poluts Noth and Be
the Loulsvilis mall atenmera for ali
be 2 soar

‘or fre

pots aebemed 4 ate

¥,. W. GLLRua, ww
By. BLILOY, c.

Rowlsaviiie Coal.

(TWO MILLS BkIOW KHAWH
Lave thelr cow Mines now fm oo
or, ae4 will Reap of oli tienes Gea be

‘Ceporor Quality o
Bor the supply of Gieambeata,

CADLE SoREW

BOOTS & SL

|

THE BEST

Bow Wet Weather, fat Dry Wea |

dee Youtm,. & 2 Bor Age,: |

oct Geaiioges, Yor Tati: |

Yew $0 OBy, bo.) Wor a

Por Sioa, Fos ¢

"Wee Vishing,

wold ay Be@icrs ivew

tive thud every one tease ibe Pal:
av

We de SeCRM. | hy COLE,

SRAWFORD hic
Dawes Oisth end Wels,
ROP NROS CR Sates
ULSOUNBAS
UsKkEL Caux & OO,

1 esses

Pi oagetae By |
Yel ok th dsb Uae: |
7 pre ££

q Ai hee) a :
9 dudditions ta “chss|

bev ca i a

. pylons iy 9242 a Ye *
+ x gpora 4143, CQERADIGRS |
~‘ad . ref ee ee: i
i. hy ie pid § ; cer
Hos ime SS 4 + ee OW. us OF ed _ Se ek
} a SUTIFUL 04k)
teers Fo ifich Piles growing bess
2 i "322 pala | “iF ViRET
at ease :
mee aes

a a - poe > Wi Sees

vn Afar Alisinaciee Jes Cay
left Gal book

fay nightafter nine oolock, with

Tier lere's atora
option oftakiag & oh ride, and
tram boo seen. Aboub tan

that & young
chun devereption, got the akuff

7 pe from tho Minch’a skiff shop,
Walnut Stroot, with the imten-

tpt man an

' ( rowing across the river, since
timoneither ho nor the skiff have

ed, Wrom this it is feared
' young Cavender, being  un-
Las ap carsman, has been
ied, Ho was but fifteen years

ut was very tull—about five foet
whes-- with » fair round face,
uit look, baht lui, et stecd a
xtendivg about an inet and

: er from tho left corner of the
h downward and outward. He
iressed in dark gray pants, black
black hat aud whito shirt, with
broad pluits held by gold studs.
one sending word to the Joumnan
: whereaboata, or of the finding

i «body, will confer a favor on his
ved mother.

Sporting.

ON Sxootina Matcu,—Bolow
\ : score of the shooting match;
. 2 took place yesterday:

CANNELTON HIDE,
mE SPOOSCOBSUESUSES IES!
vee LOMA ELD 1010011
2 AMOMMTL104
WOULTALLOOMILOOMITIL
EVAKAVILLE BIDE.

« -LL1101 111011 11010101

: . AMDALOL LONI
ge... cece eee eee NMOLIOI1011111101110
te... . 11011011020110100000

1 Throop, Jr., and B.C. York, acorurs,

sz Baur.—The match between

' firat nino of tho Evansvilles
tho Adolphoia of Mt Ouzmul,
witnessed by a large assembly
day. The playing was not quite
d to that of the match betwoen
Riversidea and Adelphois some

th. - ago, and resulted in favor of the
‘iv: asville Club, tho score standing
; (il to 26 in seven inninga, aa follows:
4 RYANSVILLES, aDgLrdors,
6) Wilson

Beer eerrer et

Bl ewer unnmwd
Bl ewaszarte

a€
00 kune—Sraasvillea, x Adel pa *

« meted eraneviltes, & Adelphoda, 8.
jire— Will. Yoster, of tho Riveraldes.
tore— MoOsrer Laaghia,

Jeught—Mvensvilics, 6; Adciphoda, 9,

ESTHER,

ud Production of the Cantata.

iw audience at the Opera House
uight was scarcely lesa than that
uf ‘Thuraday evening, und the
uction waa in muny reapects an
vvemeat upon the firat presenta-
Tn wriling so long a notice of
irst presentation it would Loom
{it zhould a& least have mon-
xi overy metitarious performanca
a eeveral wero montioned more
oace, nid the wrikr can only
lin cateauation isk the omis-

3 wore not iatentional,
| thet was said yestanday ja iavor
i the performance, beth dramatic
a. iusiesl, only to the production
» night, with the eddition theta
» Qi witnessing of the pexiormance

mA of the

” rie Hs

wiold,

eiby ie sothsiend

mM! { ispon tie
Dhondt brevis placod
. At this in-
stent m abort ory of deop pain waa
heand frum o ferusle voiog at a win-
dow of the Sherilf’s residence, Haw.
yor, however, betzayed not tho least
emotion, as ho bwayod his head aside
tu allow the free passage of the rope
over his head. Officer Young then
tied his feet, and when this was done
the sheriff asked: ‘Ben. Bawyer,
have you anything to say why the
sentence of the law should not be ex-
ecnted upon you?” :

Sawyer answered: ‘Yes sir, I
have.” Tho Sheriff said, ‘“Whet is
it? Proceed,” when Sawyer answered:
‘You just loosen this rope around my
neck, it’a too tight.” The rope was
looded as desired, and Sawyer said:

“Tsay that I have’ot had justice
in the Supreme Court—I mean the
Oviminal urt, in that trial, If
these cases had been allowed to be
told; these cases and circumstances
hed been heard, and the Jury had
ssid what they did say, I’d think I’d
had jastice; but they did’nt let me
show these cases, ‘Bat if the Lord
can forgive them I can.”

Rev. A. T. Hall then read a por-
tion of the Soripture- “Man that
is born of woman is of few days
and fall of trouble,” Rev. Green

doop, anat Doprty

the ropo about hie noc

MoFarland offered up s fervent
and appropriate prayer, at the
conclusion of — which Bheriff

Piaittin asked if he had saything
further to say, and he answored:
‘Nothing but to bid the friends here
good-bye, and hope I'll meet, them all
in Heaven, Farewell.”

As he ceased to spoak, the black
cap was drawn over his head, and the
witendanta stepped back. ‘Che Sheriff
moved the lever with his foot, tho
drop fell and, Sawyer fell heavily
about four feet, and hung for some
seconds without any visible struggle,
then a slight swaying of the feot up
nnd down, a violent tremor of the
hiands for five minutes, and he was
still,

‘ Tho body was frequently czamined
by Drs, Scheller and Thompson,
and waa suffered to hang for
twenty minutes, althoagh ho was pro-
Lounced 4o be dead at eloven minutes
sfter he fell and probably diced a
rainute or two earlier.

His body was received by four cal-
ored mea as Mr. Young out the rope
and Ist him down. It was placed in
a commoa pauper oofin ond taken
charge of by Ool. Grill, Townahip
Trastee, for barial, asthe law pre
soxibes,

Arocag the large number of poopla
who witnessed the exoontion it was
generally sdimitted that Sawyer
ovinced nore nexve than hedever been
displayed under like ciroustanses,
Kis panner wes not that of bravado,

nor did bo sseza etolidly indifferent,
Lut from firs’ to last be soomed sha,

calm and dally censible of tha ssrioas-
nossa of the aitnation, bus it did nos
soem to disturb him, for ho stood
calmly chewing tobacco end szilting
occasionally until within a iow second
cf the time the cup wes dzawa over
bis face. Mea cvinced nob tha feast
crowd, or even excitement,

‘the officers were naturally very ga-
tioualy affected a tho being cocapail-
od, by their coths of ciilsa, to pertoma

tho duty, but it wea not until the ox-

wo SOREL”
f Boe soudd ia:
tho ball eatored the pairks bony on the L \
about belt au took from thy ign aud rayed out-
werd and duwewamt, Lout ie ous ¢
slde shove the rola. (ibe ball prod
ithe es horge pmol tel, about 00 4.
1 visited bua again'oa bioaday, aid on ‘Suced
jovrnlog he died. A post mortem eansciuatt
revealed that the intestine end messatery velus
were cut and ebout two Quartaot bluod was found
in tho eavity, gausod by MwEThage pecduced by
the outta of the vélos,

De, Hendrhuk eworn: Am ® physician; partlol-
petod in the Riortem on the body Joka
sonahoe, ‘The peritoneum wea wounded besides
the wounds Geaortbed by Dr. Harvey. Tho
wruullug of the mesentery erterzica couscd 6
henorghage thas wed

Goo, J. Newrusn) Am a wiagikirste in Uniden

Towgabip, Baw Bly cu Sabbath eveniag bs
twoun one add three o'cioc®, Robart ceams to get
8 Werract for ome pereurs witoes

”

dhe
had forgutten their narnes, He eftecwords gave
the names as Lowry aud a given rarne § don’t re-
ineigher, He wuited me to appakin hid) s special
coustable to take thom, aud my rep:y wes, 1 bave
appointed my lest spsoisl conusable in Biaia cues
He asdd be woaid iia to shoot the deunsed men
1 told hina the coustavhe was compolcut to mets
tho arrost, but he still manifested a great douse
toscrve the werrent so that he oouki sacet tha
men, I explatced the law to him thet if evea he
had ths warrant, is would stil] give tim no sa-
thority to shocs tham. I gaye nosuthority to say
ous to serve the warmgt. , Blak sald ihp men
bad snapped a‘loeded double-barreled shot-gun
at bir Mores thes morning; thet they
threatened to kill bim;- thas they etieany¢od to eat
fire to his hovae, Hesaid he very soidom run,-
but he run that time, Ho said the au was hia;
that they had taken itaway from him, He also
atid he wanted to Killthe men, The affidavit ts
still ou Gte in my office, He valde would have
the gun egain, and waa bound to have fi again; it
waa worth fifty dollars to him. Don't recollect
of anything concerning @ eult of clothes, 1
aboald not think his purpose was principally to
recover hia gun,. ile dcmanded g writ for hae
party woo bad st: some souks, I
hima leave to acocmmpeny the Oonstable, oven
the Constable requested him to stay back, Wa.
Blekely and EB, H. Crowley were preaimt, He did
not state exactly at what time the gue was taken,
‘Award Lowry eworn: Lest sa.
I was on the road coring to EB

leagth, aud Blakely todo up and shot him, I aap-
pose th

Utakely' wea behind with » man viding « gray
horse, Helther of qs esida word. 3 laid down
the carpet-esck and Donahoe laid down the gen,
When Donahoe waa shot he wae talking to tha
Bhert® or Constable, saking kim to Reep Hobart
Biakely beck away frou hina, igtthee, Of 0 TO

any resistance or don't keow whes
ocasty it was tu; tt wee about five miles beidw
Evansville,

Orvéa exemntuat: + { good questo Dapahos when

he waa shot, we were ou the rend to Evansville,
Donahoo had the guy and bid itoute4 peme
Sength ead zt ge cd 2, Dicey eet wp te goon
es amen could ride ths lengia of tals houss, 49
goon aa he catia up clove ba tlt, i didn’t etsy
long after the shoming commenced, I caw Doun-
hoo tol; T heard four or five shots coring at ie; I
dont tok 7 rer a3 ecmurng 1 ety thee gatot; I kasi
T diin’t.- I ‘ren whea bo fe? ‘Pho oousiahle ot
eberif, or whatever he waa, thst called to us to
halt, waa about ten feet from vs when wo halted,
1 can't say 16 was exacdly co fur Uy the role, He

didn’t sa. comlog whaa ve led down the
gun, Whats the css cf asking co imany

questiona, I didn't run tl Doushos fel They

o& Georite the cricor;
2) cas but Mebkesy
ei what time i oc-
curred; 1 didnt ey loos, I ren over Lom and
beamica, On ths righ; band fel grem
ad apyeced Ghote tlbswad mis, hive f

have Ured Gere Zé ‘

oy Work avownd firming an

: a
towwboas aa rou, othe
4 te Licleviila, end lived there

wise, ¥ wad t

previous to gviag so New Aibact’, ‘
Witness here gave bia cpinion of
this wey of esamwiniag.}
I could not recognise ti
here,

bwa if they were
mtd idus uy Sret 1
so thay

Wo all k2ow the &)
caly
thax ha

rom ¢

te

5 ty a fino Fo-
tics Oflce Ga Bundzy evealay, Diakoty wcld be
lund nipot Dowabos through thy fully) vel ag was
scery he dida’t shoot jin through tha camsed
lenina,

James Taylor ropeated tha teati-

SHOR, Je wi GA x
y be bed BA thot Dosakoe

thrvuga tie boelna,
Fos £8 carcuce,
Bu. Walle was ehous to testify ca to
mt ¢aid

about

*
sted,

eomeiiday the docks
kely,
Vetta bad, oe Lie wea cua-
Ulound to beep out of bsazing

ifajor Liaitleom ebje

of Gther

ed to

oA tw oasna a

» for $3. co.
Ww, Lob 6, islook 18
wi Hurt, part of Lot
for, $2,000.

m. Land, it 4, Sabdivisioa 638

G00. ,
kine to Gave Ann Tyrreil, Lots is
WW, Houthern Kalargement, for

‘ato Gertrude Kolck,

J, Kr

Rockwell's Addttlan, for #330,

Lot 16, block 4,

Manatags Lacensga,—The follow-
ing marriegs linshees have been is-
eved aince oux las’ report ;

Thouwss Bowles and Mary Auo Lented,

Joho Deubaw pad biery kh, Kvera.

re heals fund iuse H. Niaderhamer,
% SbeOGK

Prench acd Kate A. UL, Mitia,
Jemos MoFaddca end Rufica Biaherty.
iJormen Gibba and Mary EZ. Taylor,

a. W.

Held for Postage.
Post-Orricg, EvaNsviis,
ay 26, 1871.

List of letters remaining in the
Evansville, Ind., Post-Ofilee, which
tre held for postage, or insuificiontly
directed, :

I? not ealled for by June 2d, thoy
will be sent to tha Dead-Letter Ofice,
Persons cailing for these letters will
please apply at ths Cashier's Ofica:

Post Ciice, Alton, 1.

Mrs. Wl, F, Heantck, petarebury, Ind.

Astheny Bubenck, 68. Josoph'’s Heminary, Bards
town, Hy.

John Howell, Month of Wolf Oreck, Ky,
tgater J. B. BUokaey, Cacoorona, sto,
Mra. Bridget Ryan, cave Msithow Vrim, Water
btroct West bt. Johns, Now Foundlend,
SOHN W. FOSTER, P.M.

LOCAL NOTICES

bar-J. T. & B, A. Coolidge, of the
New York Store, are offering at panic
prices tho igrgost stock of fine Dreaa
sver pnt on exhibition by any
one firm inthis city, Iigured “Gren-
adines #$ S30 worth 4c; real titk and
Wool Iron Grenadines at immense
dizcounts, my26-2¢
B29" A beautiful assortment of new,
ot Parasols will bo ready for ex-
hibition this morning, st Foster
Brothors’ Great New York City Storo.
Wanted
One or two Good Mechenica to work
jae Door apd Bash Factory. Good
wages will bo given, Apply to
Donsza, Pxurixs & Ov,,
Hhawneotown, Ill.

“ Younger’s Bootch Ade.”

A iow more barrels (bottled) of this
eplendid Ale, for eale cheap, to clore
ous invoios,at Hedderich & Gumbert's,

my23-2t, :

LHLLER & BRINE YER’s

TOOK OF
GILS8, GHEMADINES, and FINE
. DRESA GHoDa
Of oil kinds ig Unusually Large, and

; PRICRS EXTREMAY LOW,

BEAL LACHES and LAGE COLLARS
‘ At about Half Price,
HG and YRISGES Jusr

reac) & Ca:

ons .

my26-Bt

iad” Lovadale aad Hill Muslias 12)
cenis a yard, at Vouter Brothers,

Cancers,
tiplions care-
u Puro Dinga, and at
ots, take them to Hal.
: aia Gireot, be-
{taiyd eod-if

ut i

viva of $28 étorme
Nausea, and
Los y, 4

ttt bey bina ae)

’
feud

of the bluddee.

This ayont ia one of the eloments of
Cloud's Lavigorating Gordial, eclacted
and gxound for the purpose wiih wreat
© by Oioup, Axia & Co,

ty ¢
GY for pray over doranyemunats

AR OA

Thore were Go aidtitional errivals Last wight up
to midnight, cxceptthe Little Condor pu
soeeeees Tho Bary Ament, for Canuelton, Avkan-
tas Delle, to Cairo, Faycite, to Heudervon, aad
Tse Hite tor txulsvilla, departed........The
Charnowr @4 not arvive Lili noasy & 9, had
a big trip a: regular reiea her oflivers assert...
The Arksrcea Belle bad a aplendid trip uit lest
evening, ioclading’a rognise crowd of peopte....
We are auticritod to extend a vordlal Lavituticn to
the young ontlemen end ladies: of Lvaseviily, te
ettend the jjrand bailto be given by Mesara. Howell
& Miispouyh on their manmuguly pew wherfboat,
3) Bhawoeciown about tho éth of Suse. Theytan
go down ujon tho Arkansas Lelie, enjuy the bop,
and retiarep by the Idlewild, acciving boraq early
the pext dey... 6... ‘ihe Charvasae wes going ina
corn pile a short distance ebove the city Last
night...,.... Captalo Sam, Houston, Suygrvising
inspector, returned to the city 63 t¥e Arkansas
Belle yesterdey moruing........ Colonel Fletcher,
formerly # rnaver four the American Honse, ta
how engag. «i ia (ho store at Bhotwell'd-iiiues, Ve

Poss

was in the city for a day or two this
Woes, and rvluryned home yesterday eved-
ing by tho Ar a8 Belle...., é

Biary Miler ari fiom New

9200 faet nigut, having 4,061 bare of ‘
for the Evanaville & St. Louis Hailroad, apd a
sruall lot of re-#hipping freiynt. After diacharg-
ing tho latter, she dropped down to the Laamaco

wharf and discharged hey irgn é Sees RS
Charmer loft at 9 o'clock fur a corn pile opposite,
the potat sbove............Tho Hoso Hity left ab
10:20, with a moderate trip............ The Spray,

for Newhviibo, and the Anna, for 6b. Laws, will be
hereon Sunday............Tho Minveols, trom
Miomphia, will bo here carly tcie morn-
Mg...-.4-...... TRO Virgigia will be hew early
Mouday morning on route to Now Orleaas

Ths [dlew!!d arrived at 12:00 this moorping with »
fair fright and full of powpie, Cape. Gus. Fow.
ler fa acain op duty. Acaong her yaa 78
were .All, Burneit, Lig eon Alf, Jr, nud Miss
Helen Naeh, his ntoca, who efter w succossfal
Vialt to Henderson, proceed this morutog by ons
of (ho pucxcte to Gwonabera, ghey fy bold
forth towight, and return here by the Tarascon
tomortow....The Charmer roturaed from the
corn pile at la.........A towboat landed at the
lower wharf at midnight.

MANIFESTS,

amer Arkansas

Delle, from

ner, jr, luk of empty
Haghes & Co., 2 bias tobsoou; I
peckege mor hasdisa: Hronsville Journal omy
by, 1 pecksge merchandise; Wm Hellinan, ¥ pos
machinery; N Robinson, Law, Luhaft; P Pretort-
ous lot of sags, troa end oll copper,
ERSACPPIKO,

» Touisvillo—fprat Co,4 bhds tobe
ald & bro., Shhds tobacoo; R A Nowbar
sacha Gai corn,

Put of at Bhewnoetown—1i7T hogsdeada to-
bacco, r :

Manlius of the nen Blondie, fromm Cairo to
Kransvi'la, May 2

AE barader,

ary;
5

&x, Idrive pu
@ skeleton Loree,
-

ner & Os 3 bids bodescos Liscl

bhits toveoce, 9 baga raga,
REAMUPPLNG,

Jclia, 1 muley cow. 1 calf.

» Biiles & Oo, 1 Dox sundriva.

Ghawiestowa—W hhis tobacco,

BOATS LEAVING ON SUNDAY.
YOR AwueVi. tos,
Jt be ‘ante to-r
vids and ed way

39 Oxerliguy stoasaer Uprey

at noou, oa route to N.

. biagteive te bey eeogmpliched aud popular

ey Bom

chpurs, 4

s> a 3
4 sh

Leaves aa abows ou
4AWOUR

as

FOR MEMPUIS, V

The magulac

‘pe $8 oStock ai.
For treight

YG

VIN |

Coas. G, Schr yea, bonnie H

6 tor

Ah od ks © oe

Ville Amd Cat iu mo
(sty through to Cincinmats wit

The eleyait stnnusee

Tis

Joum H. Turriarr, Master:

Taam Mog

DA, May

a) 8 C’oloek a.m., poultively,
For freight of pameage apply on t
w.G

ICKSBURE
LEAN.
ens pRecn wer «

an. BD

Will leave for New Ostoans and ail »
ION DAW, MAY wi

¥OR N@WYHTIS, V

BRUNE 'y JUL
FRIDAY, AUG
17" Through Tio
for sale oa the boat.
Bor iseight or Perdnge &

The maguidcent usw

myo-daun W.

REGULARITY

Summer Arrangen

IGHSDSURG aA?
LEANB.

UST 4, at 3 eU
kets for Mobile
oply on }

G. BLOWN &

Sie &

leave Evansvil

ves Csiro every

a stesmnors
seW Orieens, and at Eracsri
for all painta North and

Evansville, Cairo & A

Mew FsIS,
ned

COLOR st

H. 7. Dexrea, Waster;

W. B. Pewee
Hauer barr
le every MON

Y, 86 o'clock Pi.

TOksDaY and

Jeu Gaaneeas Washer;

7% Pswxry
Sau, Laver.

Wil bare ivewale every TUR

ru,

for &.

SBLLELs,
ié
“WEED

wid, od Wiad Beep

whisigin Gh bvee
titsaen, Capt, Joba
ive w

3 s
a

Ray lives cbse,

a & Bi disited — Biuceada,

thay elle end Chuspien, Ac

ks oi—Aona, Bi, Lows Soeay, Nase
Whig Audsoma, Wheeling, The Ciatargh
iionyatow for i liver,  Weseheg wery

J

| Wis ceiSs b
twAcrce
24) YRS
sUO ER
Ti

| Bow Wet Werther,

pas

ies bow fa

4

St ind
its +O
dx Fs Cae
, ELLIOT
reguieciers
LOW 884i

#8 ahi Luce ton

ee

& i

1E BES

Far Dey *

‘het :

#02 SHAWNEETOWN, CAMO,
Be)


SAWYER, Ben, black, hanged at Evansville, Vanderburgh Co,, Indiana, on 5-26-1871,

"By 9 o'clock yesterday morning a crowd began to collect in front of the Court House —
and jail, as it was known that Ben. Sawyer was to be executed some time during the day
for the murder of his wife. The gallows had been erected during the night, and

was nearly ready when the officers began to admit the jury and other persons selected
to be present at, and witness, the execution, It was af very heavy timbers, on a low
brick foundation, just sufficient to form a level on the surface of the jail yard.

The platform was about five and a half feet high and under it was a space in which
was placed the coffin, The drop was of two inch oak plank, hub by heavy wrought
hinges to the platform and supported by heavy iron quadrants, held in place by

catches on a revolving iron bar under the platform, to which a lever was‘attached, °
that, when moved, set the drop free to fall, when another catch‘on the beam, fitting
notches on the quadrants, held the drop back, A light hand rail surrounded the sca-
ffold, which was reached by steps at the rear against the wall‘tof the jail, About half
past ten o'clock Yheriff Pfafflin aseended the scaffold, and addressing the spectators
said: ‘Gentlemen: I wish to impress upon you the solemnity of his occasion, as I feel
it, and I trust you will act with due respect to the law and preserve strict order,
The law today requéakes me to take the life of a human being, and I desire that it
shall be done with all the solemnity required by the terrible necessity.’ Mr. Pfaff-
lin appeared firm, but his face wore that haggard, anxious look that has grown upon

it almose ever since the sentence was pronounced requring him to execute the dread
sentence, He retired to the jail and in a short time returned with Sawyer, whose

arms were pinioned behind, Sawy@ér was accompanied by Rev, Ae T. Hall, of the African
Methodist Church, and; Rev, Green McFarland, of the Colored Baptist Church, Deputy
Sheriff Reuben M, Davis and Mr. John B, Young, bailiff, acting as the Sheriff's
assistant, and an elderly colored man accompanying the prisoner, The party ascended
the scaffold, and Sawyer was placed upon. the drop, and Deputy Sheriff Davis placed

the rope about his neck, At this instant a short cry of deep pain was heard from a
female voice at a window of the Sheriff's residence, Sawyer, however, betrayed not
the least emotion, as he swayed his head aside to allow the free passage of the rope
over his head, Officer Y,ung then tied his feet, and when this was done the sheriff
asked: ‘Ben, Sawyer, have you anything to say why the sentence of the law should not
be executed upon you?! Sawyer answered: 'Yes, sir, I havey' The Sheriff said: 'What
is it? Proceed,! when Sawyer answered: 'You just loosen this rope around my neck,
it's too tights! The rope was loosed as he desired, and Sawyer said: 'I say that ‘I
haven't had justice in the Supreme Court - I mean the Criminal Court, in this trial,
If these case had been allowed to be told; these cases bad circumstances had been
heard, and the Jury had said what they did say, I'd think I'diashgpm had justice; but
they didn't let me show. these cases, But if the Lord can forgive them I can,' Rev. Ae
T, ‘Hall then read a portion of the Scripture #M™Man that is born of woman is of few
days and full of trouble.' Rev. Green McFarland 6ffered up a fervent and appropriate
prayer, at the conclusion of which Sheriff Pfafflin asked if he had anything further
to say, and he answered: ‘Nothing but to bid fhe frierids here boodbye, and chope- I'11
meet them all in Heaven. Farewell,' As he ceased to speak, the black cap was drawn
over his head, and the attendants stepped back, The Sheriff moved the lever with his
foot, the drop fell and, Sawyer fell ‘heavily ‘about ), feet and hung for some séconds
without any visible struggle, then a wlight swaying of the feet up and down, a violent
tremor of his hands for 5 minutes, and he was still, The body was frequently examined
by Drse Scheller and Thompson, and was suffered to hang for 20 minutes, although he
was pronounced to be dead at 11 minutes after he fell and probably died a minute or
two earler. The body was received by ) colored men as Mr. Young cut the rope and let
him down, It was placed in a common pauper coffin and taken charge of by Col, Grill,
Township Trustee, for burial, as the law prescribes, Among the large number of people
who witnessed the execution, it was generally admitted that Sawyer evinced more nerve
than had ever been displayed under like circumstances. His manner was not that of
bravado, nor did he seem stolidly indifferent, But from first to last he seeméddfirm
calm and fully sensible of the seriousness of the situation, but it did not seem to
distrub him, for he stood calmly chewing tobacco and spitting occasionally until

within a few seconds of the cime the cap was drawn over his face, He evinced not oe
least dread, or even excitement, The officers were naturally very seriously affecte

at being the being compelled, by their oaths of office, to perform the duty, but it


See en nen Me a ee

was not until the execution was over that they betrayed any weakness or any more
anxiety than what was apparent in‘their faces. During the execution, and while «the
preparations were being made, the conduct of the crowd outside was shameful, Whenever

a door was opened to admit any one, a score would violently rush to gain admittance

and even some tried to climb up so as to peep over the door in the jail yard. During
the morning one man perched himself on the roof of a house in thé rear and overlooking
the jail yard, and just as a second one was climbing up, a tarpaulin was dra@an up and
hung from the roéf.of the jail to the second stéry of the Court House, cutéing off

the fiew from all buildings in the rear, ‘hen the body was placed in the coffin, the
doors were thrown open, and the populace were admitted at one door and permitted to
walk by the coffin and pass out at another door, The following is Sawyer's confession
to Reve Ae He Hall, his spiritual adviser: 'I was born in Old Virginia, a slave, I

had a good christian mother, she belonged to the old (?) Baptist. On her deathbed

she took me by the hand and made me promise to meet her in Heaven, Some time after that
my master moved to T,nneseee, out a piece from*’Nashville, I had a‘brother and two

sis ters there. ‘One sister is religious, the other was sinning, The war broke out and
I went-into the armyand staid till the war was over, then I went to steamboating,

I never killed ajrybody before Lizzy is the only one that I ever killed. But I have ©
been a bad man, I worked hard and give my moeny to Lizzy, and she would give it away.

I always drank whisky, but not $0 bad until I came out of the army, I liked Lizzy,

and I told her if she did not stop doing the way she was, that it would killmme, so

here it is: I was drunk 3 weeks before I killed her, That day I drank three drinks

then I bought a pint and gave another man a drink out of the bottle, I drank the

rest of it, and rand down to the boat, and was talking with her about her friends in
Henderson and wanted her to’ coime home, But she gave me no satisfaction and I got

crazy and did, not‘ know what I was doing, But I was too drunk, I-can't read a word

but I believe there is a Heaven where the gooti people go, and a Hell where-the wicked
will be punished, 'Did you’ every pray?! Not since I was a child, I have not been
inside of a church for four years. The last was at the Colored Baptist Church, I was
so wicked that I stopped going there, I have always been told that-a murderer could

not go to Heaven, After proper instruction he bacme willing to pray to the Lord for
forgiveness of his sins and said: 'I am tired of this way of living, I don't want

to stay here in thés cell now; I don't want to go to State Prisons; I am willing to

trust myself. in the hands of God, as He can do more for me than averybody togethter'e ©

I feel good and am not afraid to die, I woke‘ up the other morning and felt so good

that I loved everybody. I forgive all my enemies everywhere. I sleep sound and good |
at nights. . These officers about the jail are all nice men and cler, There -is only

one thing that I want to say on the gallows, I don't think they done right when they
wouldn't hear my reasons for killing Lizzy. But now I forgive them and leave all with
God, , Mr. Davis done all for me that he could, I hope God will bless him, I pray all
the time; I pray msyelf to sleep, and wake up in the morning and pray. There is some
very good.people who come.here to see me, and read histories to me about God and Jesus,.'-
The last visit was devoted to praying, talking of death and the judgment to come, He
was very lively, pleasant and prayer. /S/ A. Te Hall.! And thus ends the life of Ben
“awyer, whose execution breaks the long interval of 30 years since the extreme penalty
of the law as inflicted in. Vanderburgh County, Will the next interval be as long?"
EVANSVILLE DAILY JOURNAL, Evansville, Indiana, May 27, 1871, page four.

FROM PAGE ONE

THE TIMES

Prison

Continued from Page A-1

in 1980.

During the months between
the scheduled executions, prison
officials continued the transition
from death by electric chair to
death by lethal injection.

Prison staff were sent to other
states to talk with officials who
had made the transition, accord-
ing to Nothstine.

They attended in-depth prac-
tice sessions and researched es-
tablished procedures.

They remodeled the execution
room at Michigan City, removing
the electric chair, rebuilding one
wall and modifying two small
cells into one large one.

Then staff members were se-
lected from throughout the De-
partment of Corrections and
trained. Practice sessions at
Michigan City began Sept. 1 and

Killer

continued until Burris’ reprieve,
resuming April 1 and continuing
weekly, Nothstine said.

As midnight closes in on
Smith, three staff teams will act
with precision.

The custody staff will remove
Smith from the holding cell and
secure him on the metal gurney.

The IV team will place
catheters in Smith’s extremities.

The injection team.will inject -

the chemical.

A team supervisor will.call
command center to make sure no
stays of execution have been is-
sued and make the order to have
Smith placed on the gurney.

The supervisor will make an-
other call to check for a stay.

And, finally, the supervisor

will give the order to the injec-| ’

tion team.
There are many other forms of
preparation the staff has been

Continued from Page A-1

Ohrberg. Resnover was execut-
ed in December 1994.

At the time of the shooting,
Ohrberg was attempting to
serve an arrest warrant on
Resnover for the shooting death
of a security guard the week be-
fore... ,

Both Resnover and Smith
were convicted and sentenced
to death in the slaying, even
though prosecutors said only
Smith fired shots.

Resnover’s father, Beverly
Resnover, 76, of Indianapolis,
said his son and Smith did not
kill Ohrberg..

“It’s a cover-up and the po-
lice know it,” Beverly Resnover
said. “They used him (Gregory)
as a political scapegoat.”

Resnover said his son was in
Ohrberg’s office two days be-
fore the killing and Ohrberg
could have arrested him then
- but he wanted to make the ar-
. rest a “big show.”

; “He wanted to make a big
- headline ... he had a history of
- kicking open doors.”

Resnover believes Ohrberg
was killed by shots inadvertent-
ly fired from police officers who
were standing behind him.

Ohrberg’s partner when
shooting occurred, Indianapolis
Police Deputy Chief Lewis
Christ, was unavailable for com-
ment.

Resnover has called the gov-
ernor’s office to protest Smith’s
execution, but he doesn’t have
much hope for clemency being
granted.

“I don’t want to see him die,”
Resnover said.

Bill Pelke of Portage is also
protesting the execution. A
staunch opponent of the death
penalty, Pelke is the grandson

of murder
victim Ruth
Pelke, who
was stabbed
to death in

her Gary :

home by four oot
high school Tommie Smittr’ =|
students in vd

1985. Op oads Ba

An anti-death penalty prayer’
vigil will be held at 8 p.m. today

undergoing, Nothstine said, but.
many are kept confidential out of... er

security necessities. |

The mood among the 750 em-  &

ployees of the maximum security
prison is hard:to get a-handle on,,

Officer remembered.
‘When Gregory. Resnover was ex-

Police Set: Jack Onrberg.the:

Nothstine said: “The staff is used, ..Aagsn

-to working in a

ment..Every day, they do their

At the end, Smith will be al-
lowed up to 10 witnesses... 0-1
- But the impact of watching a

environs;

ke
Shi

death, whether. by electric chair © fénou

or lethal,injection, is an individ- .

ual thing, according to Noths-
/tine. Uae -t we cca 4

“I think the impact varies ac-

" cording to the type of life experi-
ence a witness has,”, Nothstine.

gectrada its dé O ite SR

1
1

at St. Mary’s Church, 401 W. |
11th St., Michigan City. The ser-

vice will be followed by a can-
dlelight vigil at the Indiana
State Prison.

Attorneys for Smith recently.
filed a lawsuit against the state
because prison officials refused
to allow two of his friends to wit-
ness his execution.

Smith wanted former Black
Panther Militia leader Mmoja
Ajabu and Dwight Resnover,
Gregory’s brother, to attend his
execution. Prison officials re-
fused, saying the two are securi-
ty risks.

Marion Superior Court Judge

John L. Price issued an order

Wednesday afternoon allowing
Resnover to witness the execu-
tion, but prohibiting Ajabu.

Dwight Resnover has lived a
crime-free life for 10 years and
poses no security risk that the
Department of Correction can’t
handle during the execution,
Judge Price ruled. Price said he
did not have enough evidence to
allow Ajabu to witness the exe-
cution.

Ajabu and two other Black

Panthers were arrested last |
week for scutfling with police |
after they set fire to an Ameri- |'

can flag during the Olympic }
torch relay. They were protest- |
ing Smith's execution, !

The -issoctated Press

con- !
tributed to tis storu.

aos ey tem

_qdren to:Catholic'schools.:
weer Ne Associated Press.

eT RAR a Ue

ecuted in: December:1994 for the.

a

44-year-old. Indianapolis«:


Execution

‘From Page B1

his arms or legs, said Pam Pattison,
spokeswoman for the Indiana
Department of Correction.

A team of executioners will then
empty five syringes into the
catheters. which carry a fatal chemi-
cal cocktail through Smith’s veins.

Sodium pentathol (an anesthetic:
will render Smith unconscious: pan-
curonium bromide (a synthetic ver-
sion of curare) will paralyze his
muscles; and potassium chloride
will stop his heart. Each drug dose
is followed with an injection of
saline solution to clear the tube.

He should be dead within min-
utes of the injections.

The injection is carried out lis
prison officials. Doctors were uscd
early on in other states. but they
objected because of their profession-
al oath to preserve life.

Pattison declined to identify who
will perform the execution.

“It is someone who is qualified
and has training necessary to con-
duct the procedure, but it is not a
physician,” she said. “The only
involvement by a physician is to
pronounce the offender dead.”

The procedure = from the time
Smith is wheeled into the execution
room until he is rolled back out -
should take 20-45 minutes, she said.
'* “Lethal injection is very efficient,
very clinical,” said Nic Howell,
Spokesman for‘ the Illinois
Department of Corrections, which

odie process to execute seven
eop

; e since:1990, five last year.
Terrase hag done niore than 100"

“=: really knows, and

Smith’s““

execution
stayed |

M@ He would have been the
- first Indiana inmate
executed by lethal injection.

BY NANCY ARMOUR
Associated Press Writer

The future of condemned inmate
Tommie Smith remains in the hands
of the U.S. Supreme Court, which
halted his execution Thursday just
hours before he was scheduled to die.

In a one-paragraph order, the na-
tion’s highest court told state officials
not to execute Smith until it could take
. action on his formal appeal, but gave
no indication of when that would be.

“Right now, we’re in a holding pat-
» tern,” said Alan Freedman, one of
Smith’s attorneys. “It could be a few
weeks or a few
.!months. Nobody

“ maybe the
Supreme Court
doesn’t know, ei-
ther, other than
that they don’t
want these people
to die until they
decide these is-
sues.

“Tm happy he’s
going to be alive
tomorrow, and
we'll just continue to be as optimistic
“as we can,” he added.

Smith was condemned for the
1980 death of an Indianapolis police
officer, and he would have been the
first Indiana inmate executed by
. lethal injection. He was scheduled to
die at 12:01 a.m. Friday at the Indi-
ana State Prison in Michigan City.

Smith was in the visiting room
when Superintendent Al Park told
him about 9:30 a.m. that a stay had
been issued, said Barry Nothstine,
prison spokesman.

“The superintendent said he got a
facial reaction as if someone threw
cold water in his face,” Nothstine said.

Smith’s attorneys were optimistic
the Supreme Court would grant a
stay while it considers whether a new
law limiting death penalty appeals is

constitutional. ei!
feet = TIMES

5 io
Tommie Smith

—-oemnmameen

Kuller’s time running out

@ Smith scheduled to be
executed for the 1980
murder of Indianapolis
Police Sgt. Jack Ohrberg.

BY SUSAN EMERY
Times Staff Writer

MICHIGAN CITY - Barring a last-
minute stay of execution, death row in-
mate Tommie Smith will die tonight
by lethal injection for the murder of

Indianapolis Police Sgt. Jack Ohrberg. -

Smith is scheduled to die shortly af-

ter midnight Friday at the Indiana
State Prison. If the death sentence is
carried out, he will be the first person
to be executed in Indiana since the
state scrapped the electric chair last
year in favor of lethal injection.

Smith will be executed unless Gov.
Evan Bayh or the U.S. Supreme Court
steps in. Bayh has not announced
whether he will grant Smith clemency,
and Smith’s attorneys filed a last-ditch
appeal with the Supreme Court on

. Monday.

Smith and Gregory Resnover were
co-defendants in the 1980 slaying of

‘See KILLER, Page A-6

ay (meme

PATRICK SCHNEIDER / ASSOCIATED PRESS

From left, Paula Resnover-Terry, Charles Resnover,
Steve Resnover Jr., Phyllis Resnover-Harris, Steve
Resnover Sr., Beverly Resnover, Mariah Resnover
have been trying to spare the life of Tommie Smith.

Convicted murderer Tommie Smith will be executed shortly after midnight

Prison prepared for execution

BY SUSAN BROWN
Times Staff Writer

MICHIGAN CITY - For days,
Tommie Smith has been preparing
to become the state’s first inmate
executed by Jethal injection.

Prison officials, however, have
been preparing for months.

“We had to do it very quickly,”
Barry Nothstine recalled Wednes-
day.

Nothstine is the public informa-
tion officer for the Indiana State
Prison at Michigan City, where offi-
cials had received an execution or-
der for another death row inmate

within weeks of the state scrapping
the electric chair last vear.

Prison officials had expected
Gary Burris, the killer of an Indi-
anapolis cab driver, to be the state's
first inmate to dic by injection on
Dee,.8, 1995.

But Burris won a stay of execu-
tion 10 hours before he was sched
uled to be strapped onto a waiting
gurney in the prison’s newly remod-
eled death chamber.

Now Smith is waiting to see if he
will take Burris’ place for killing In-
dianapolis Police Sgt. Jack Ohrberg

See PRISON, Page A-6

ee eee |

oP ss

REBNOVER, Gregory, black, elec. IN@® (Marion) Deéember 8, 1994

FIOUNTH Tomas, Wl Bp lF FH

op

Indiana Executes a Killer of 2

MICHIGAN CITY, Ind., Dec. 8
(AP) — A robber convicted of mur-
dering a Brink's guard and a police
officer was executed in the electric

chair early today as his son watched. |

The condemned man, Gregory
Resnover, 43, turned down a last
meal and made no final statement.
He was pronounced dead at 12:13
A.M., after 2,300 volts of electricity
were sent through his body for 10
seconds, followed by 500 volts for 20
seconds.

Among the nine people who wit-
nessed the execution was Gregory
Barnett, Mr. Resnover’s 18-year-old
son. Afterwards, he would barely
walk out of the room, said Virginia
Burns, an opponent of the death pen-
alty who was also present. |

“It was bad,” Ms. Burns said. ‘He
cried like a baby.”

Mr. Resnover was sentenced to die
for the December 1980 killing of an
Indianapolis police sergeant, Jack
Ohrberg. He was also convicted of
killing a Brink's guard, William E.

A ha]
Lme“se S

Sieg Sr., in a $50,000 robbery of a
Kmart store in August 1980.

Sergeant Ohrberg was killed while
trying to arrest Mr. Resnover and
Tommie J. Smith for killing Mr. Sieg.
Mr. Smith, who fired the bullet that
killed Sergeant Ohrberg, is awaiting
execution.

Outside the Indiana State Prison,
Officer John Correll of the Indianap-
olis police said that many officers
felt relieved that ‘‘justice has finally
come through.”

The authorities said they believed
that Mr. Resnover also killed his
brother, Aaron, when his gun went
off during a robbery in 1980.

A judge had ruled that the execu-
tion could be videotaped and that Mr.
Resnover did not have to wear a
hood, but the Indiana Supreme Court

overturned those rulings about an

hour before the execution. The tap-
ing request was made by the Ameri-
can Civil Liberties Union, which
maintains that electrocution is cruel
and unusual punishment.

ICHIGAN CITY, Ind, (AP)

“Resnover, 43, turn
at fica. and made ‘no ;
aes nt. He was. pro- *

dead a 12:13 a.m., after
Ss f electricity were |
us his body for 10°:
ds, ‘followed by p00) volts:

for 20 seconds

“peer *g Jequieded “Aepsiny, ‘EIWOMeD ‘OBEN URS

8 erie M McCauley, an
anti-death enalty: activist. He

Adoo 19d 90¢

or Ai robber convicted in the:

urders of f a Brink’s guard anda

er was executed iin. -
hair: e; as - $50,000 heist from a Kmart store
’ ” in August 1980,

n't 8 much | move ent, te
rit arks flew. sie ea Ln

jitnessed the-execution with ~
‘snover’s 18-year-old son, Gre- *
Resnover’s ponaln.
: ... tally went off qunrg) a 1980 bank

_-; Robbery. .
iy ‘A judge ha ‘ruled that the
ae ‘cquld be videotaped

a

; _

3 Sete saat:

S sidiamnally police Sgt. Jack. *
_ Ohrberg, Resnover also was con- .
' victed of : Blos Brink’s guard

William E. Sieg Sr. during a

oan was killed while try-
in

to arrest Resnover and Tom- .
mie J. ‘Smith for the guard’s kill- —
* ing. ‘Smith, who fired the bullet —

that: killed Ohrberg, is on death
VOW Ee os
“Outside the Thdiaite State

, Prison, Indianapolis police _
patrolman John Correll said hy
many officers felt. relieved that

' “justice has finally come
‘through, aes

Authorities believe. Peeuavar

also killed his brother, Aaron

Resnover, when his gun acciden-

‘that Resnover did not have

_to-wear a hood, but the Indiana
» Supreme: Court overturned those’...
gs about an, 1 hour before the
jshocing lof rss ~ execution. 4 gabcs tend Peat

Ri. erty.

oom

AA

Sa TRI

4

The NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Ricardo Villalobos (Ricardo227@ aol.com), NCADP
918 F St. NW Suite 601, Washington DC 20004 (202)347-2411 e-mail: abolition@dpc.igc.org

94-9 December 1, 1994

“*EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**

TEXAS 12:0] AM LETHAL INJECTION
DECEMBER 6, 1994--HERMAN CLARK (African American), age 48, has been on death row since May of 1982,

DECEMBER 7, 1994--SAMUEL HAWKINS (African American), age 51, has been on death row since December 1978. He was
convicted of kidnapping/murder of a 12 year old white female.

JANUARY 4, 1995--JESSE JACOBS (White), age 44, has been on death row since May 1987. He was convicted of
kidnapping/murder of a 25 year old white female.

JANUARY 17, 1995--MARIO S. MARQUEZ (Latino), age 36, has been on death row since November 1984. He was
convicted of the rape/murder of his 14-year-old Latino niece. Recently more attention has been focussed on his case
because of the talk of Texas legislation aimed at preventing the.mentally retarded from being executed. Mario is
mentally retarded and has some brain damage.

TAKE ACTION ON TEXAS EXECUTION DATES, CONTACT:
Gov. Ann Richards, PO Box 12428, Austin TX 78711-2428
or phone 512/463-2000, or 512/463-1780 or FAX 512/463-1849,

Texas Board of Pardons & Parole, Jack Kyle, Director, PO Box 1776 2503 Lake Rd. Ste 9, Huntsville TX 77340 or phone
409/291-2161 or FAX 409/291-6852.

MISSOURI 12:01 AM LETHAL INJECTION
DECEMBER 7, 1994--ALAN BANNISTER (White), has been on death row since February 1983. He was convicted of the
murder of a white male. In Bannister's four-day trial, his court-appointed attorney presented no meaningful defense and
never even spoke to Bannister before the trial to develop a defense. But after his conviction and sentence. appeals
attorneys have discovered evidence suggesting that at most, Bannister is guilty of second-degree murder, which does
not cary a possible sentence.of death. Apparently Bannister thought the victim was a dangerous drug dealer who had
hired men to kill him. They attacked and wounded him: when Bannister confronted the victim, a fight ensued. The killing
was accidental.

There have been reports from the Governor's office saying that hardly any letters of support for clemency on behalf of
Alan Bannister have come to the Governor's office. Letters to the Editor of the two major Missouri newspapers would also
be greatly appreciated--addresses to follow.

TAKE ACTION, CONTACT: Gov. Mel Carnahan, P.O, Box 720, Jefferson City, MO 65101
or phone (314) 751-3222 FAX (314) 751-4458

The Editor, Kansas City Star, 1729 Grand Avenue. Kansas City MO 64108
The Editor, St. Louis Post Dispatch, 900 N Tucker Bivd. 5th Floor, St. Louis MO 63102

INDIANA __12:01 AM ELECTROCUTION

DECEMBER 8, 1994--GREGORY RESNOVER (African American), has been on death row since July 1981. He was convicted
of killing a white police officer.

é
TAKE ACTION, CONTACT: Gov. Evan Bayh, State House, Room 206, Indianapolis, IN 46204 phone (317) 232-4567

Legislature to seek cause,

The Dallas Morning News

Monday, December 12, 1994

cure for juvenile crime

Reforms in punishments, prevention studied

Associated Press
HOUSTON — When the Texas

Legislature convenes next month, »

it will face the first overhaul of the
juvenile justice system in 20 years.

Juvenile arrests in the state
soared to more than 152,000 in 1993
from 83,700 in 1983.

The rising rate of juvenile crime
is not surprising, considering that
one out of four Texas children lives
in poverty, and the state ranks
third in teenage pregnancy and sev-
enth in the nation for high school
dropouts.

In January, lawmakers are ex-
pected to come up with suggestions
to curb that rate. Among the plans

‘under consideration are building
more detention facilities for youth-
ful offenders, locking up young of-
fenders longer and lowering the
age at which many teenage suspects
can be tried as adults.

The crackdown is expected to
have the strong support of Gov.-
elect George W. Bush, who made

juvenile crime a key campaign fo"
cus.

Mr. Bush has ae lowering
from 15 to 14 the age’ at which juve-:
nile offenders can be tried as:
adults. Mr. Bush would send those *
found guilty to adult prisons but’
would separate them from adult in- -
mates.

“The best way to help most chii-

dren is to prevent problems from.
occurring in the first place,” the
Commission on Children and Youth
said in a report to the Legislature.
“We must recognize the inevitable
link between the neglect of our
state’s young children and the in-
creased costs we pay in the oo

”

run. ss

State Sen. Jim Turner, D-Crock:
ett, the panel’s chairman, said: “You
don’t want to be known as the state
that has Cadillac prisons but is run-
ning Edsel Schools and Edsel child-

Please see LEGISLATURE on Page 20A.

SGD Oe >. os

Legislature

preparing

to act on youth crime.

Continued from Page 17A.

intervention programs.”

The commission, an -18-member
panel of legislators and private resi-
dents appointed by Gov. Ann. Rich-
ards, advocated -changes in state
law to ensure “swift and certain
punishment” for violent and habit-
ual juvenile offenders.

But it also warned that poor

health care and inferior nutrition

and education and alarming levels
of child abuse and neglect swelled
the “flood of young people entering
the (criminal justice) system.”

The commission has made ve
sets of proposals.

The first, a long-term “wish list”
for health and welfare program im-
provements, would cost more than
$1 billion during the next two
years.

Although the panel does not ex-

pect the Legislature to hand the
money over, it has noted that the
potential cost would be about equal
to the new financing that will be
required to open and operate the
prisons the state is building for
adult offenders, many of whom
were at risk as children. .

The panel recommended
$141 million in additional state

- money for the next two-year iat

period, including:

™ $50 million to provide. match-
ing grants to local aid programs.

@ $25 million in matching funds
to help local school districts and
juvenile boards develop programs
for expelled students.

@ $56 million to send more vio-
lent and habitual offenders to the
Texas Youth Commission, the juve-
nile detention agency.


Ss

_—

ot st &

oaqg&

RESNOVER v. PEARSON

pahicas aaa

1461

Cite as 965 F.2d 1453 (7th Cir. 1992)

counsel met the standards of the Sixth
Amendment in representing Gregory Res-
nover.” Resnover, 754 F.Supp. at 1384.

We reach the same conclusion with Res-
nover’s two other challenges to the effec-
tiveness of his counsel’s representation.
Resnover argues that his trial counsel
failed to implement his professed strategy
of distancing Resnover from a co-defendant
during the guilt/innocence phase of the
trial. Specifically, Resnover claims that
trial counsel failed to obtain the testimony
of one Samara Palmer and file necessary
pre-trial motions. These failures, Resnover
asserts, amount to ineffective representa-
tion in violation of the Sixth Amendment.

Resnover also contends that he. was de-
nied effective representation on appeal.
Apparently, Resnover’s appellate counsel
chose not to file a reply brief in response to
Indiana’s brief to the state supreme court.
Resnover claims that due to the failure to
file a reply brief, a misstatement of fact by
the State of Indiana went unchallenged.
Resnover points out that the Indiana Su-
preme Court repeated the misstatement of
fact in its opinion affirming Resnover’s
death sentence. Yet, despite Resnover’s
arguments, neither of these two additional
challenges can satisfy the two require-
ments of Strickland: that counsel’s per-
formance was in fact deficient, and that the
deficiency prejudiced the defense.

[11] As to trial counsel’s performance,

_Resnover fails to establish that his repre-

sentation was deficient. He can demon-
strate no specific failures of his counsel;
he even characterizes his counsel’s legit-
imate efforts as less-than-effective assist-
ance. For instance, before the trial began,
Resnover’s counsel sought assistance from
Professor Kenneth Stroud of the Indiana
University School of Law in preparing a
motion to dismiss the death penalty count.
Resnover suggests that this assistance

‘from the professor demonstrates his coun-

sel’s failure. ‘Even this motion was not
his work product,” Resnover argues, “but
rather it was the product of a law profes-
sor.” Resnover’s Brief at 52.

[12] Arguments like this merely demon-
strate Resnover’s failure to satisfy Strick-

land. The fact that Resnover’s trial coun-
sel sought expert assistance from a law
professor reflects positively on his per-
formance. Similarly, Samara Palmer, the
witness Resnover claims should have testi-
fied, refused to give any information to the
Indiana court during the post-conviction
hearing. Palmer, who apparently was
present during the shoot-out that resulted
in Sergeant Ohrberg’s murder, asserted
her Fifth Amendment privilege to remain
silent. Therefore, we cannot say that the
absence of her testimony from Resnover’s
trial amounted to ineffective assistance.
On the contrary, it seems that her testimo-
ny, whatever it would have contributed,
may have been unavailable.

[13] Nonetheless, Resnover claims that
the State impermissibly intimidated Palmer
into not testifying on his behalf. See Ap-
pellant’s Brief at 56-57. Resnover argues
that the State, by deliberately withholding
use. immunity for Palmer, “used its might,
in the form of potential murder charges, to
keep [her] from giving testimony.” Jd. at
57. These arguments are inconsistent with
settled law. The state is under no obli-
gation to grant immunity. Bubb v. State,
434 N.E.2d 120, 124 (Ind.App.1982) (“It is
clearly no violation ... to refuse immunity
to defense witnesses..... The [FJour-
teenth [A]mendment does not require pros-
ecutors to give an ‘immunity bath’ to de-
fense witnesses.”). Accord. United
States v. Hooks, 848 F.2d 785, 799 (7th
Cir.1988) (“The [use immunity] statute does
not obligate the government to grant de-
fense witness immunity.... The trial
court lacks authority to provide immunity
for a defense witness absent a request by
the government.”’). Resnover’s claim, then,
that the government impermissibly with-
held immunity from Palmer is misplaced.

[14] Resnover also contends that the
trial court failed to perform its responsibili-
ty “to inquire into the validity of [Palmer’s
Fifth Amendment] claim.”’ See Appellant’s
Brief at 56. He argues that the court, not
the witness, must determine whether a real
danger of prosecution exists that would
substantiate the witness’s refusal to testi-

eee < 65 Ses vale
ea es nae

RESNOVER v. PEARSON

1463

Cite as 965 F.2d 1453 (7th Cir. 1992)

[I]n a challenge to a conviction brought
under 28 U.S.C. § 2254—if the settled
procedural prerequisites for such a claim
have otherwise been satisfied—the appli-
cant is entitled to habeas corpus relief if
it is found that upon the record evidence
adduced at trial no rational trier of fact
could have found proof beyond a reason-
able doubt.

Id. at 324, 99 S.Ct. at 2791-92. See also
Resnover, 754 F.Supp. at 1379 (collecting
cases). A review of the record in the light
most favorable to the prosecution convinc-
es us—as it convinced the district court—
that a rational trier of fact readily could
have found the petitioner guilty of murder
beyond a. reasonable doubt.

We see no need to recite the extensive
evidence supporting Resnover’s conviction.
That recitation can be found in the district
court’s’ decision. See Resnover, 754
F.Supp. at 1377-79. Suffice it to say that
the testimony of the police officers at the
scene of the murder, the physical evidence,
namely a veritable arsenal of firearms, and
the forensic evidence obtained from the
autopsy of the victim, created a trial record
that is replete with evidence supporting the
jury’s verdict. We hold that a rational jury
indeed could have found Resnover guilty.

Resnover’s remaining three arguments
challenge both the trial court’s instructions
to the jury and the prosecutor’s closing
argument at the end of the guilt/innocence
phase of the trial. Specifically, Resnover
argues that the trial court’s instruction
failed to charge the jurors that they must
make a separate and individualized deter-
mination concerning Resnover’s guilt, and
that the petitioner’s rights under the
Fighth and Fourteenth Amendments were
violated as a result of the court’s instruc-
tions. Moreover, he contends that various
statements contained in the government’s
final argument amounted to prosecutorial
misconduct in violation of the Fifth and
Eighth Amendments. The record, how-
ever, does not support Resnover’s asser-
tions of error. On the contrary, we find no
error in either the court’s instructions or
the government’s closing remarks.

[18,19] When reviewing a challenge to
a jury instruction, we must view the in-
structions as a whole and corisider the chal-
lenged instruction both in the context of
the other instructions given and in light of
the allegations of the complaint, the open-
ing and closing arguments, and the evi-
dence of the record. Lynch v. Belden and
Co., Inc., 882 F.2d 262, 267 (7th Cir.1989)
(quotations omitted), cert. denied, 493 US.
1080, 110 S.Ct. 1134, 107 L.Ed.2d 1040
(1990). We must construe the instructions
in a “common-sense manner, avoiding fas-
tidiousness, inquiring whether the correct
message was conveyed to the jury reason-
ably well.” Id. (quoting General Lease-
ways, Inc. Vv. National Truck Leasing
Assn., 830 F.2d 716, 725 (7th Cir.1987).
Given these directions, it is clear that, in
the instant. case, the trial court properly
instructed the jury. The court told the jury
that the law presumes both defendants to
be innocent..of the commission of any
crime. See Instruction Number 39, Appel-
lant’s Appendix at 104. Moreover, the
court used separate verdict forms for each
defendant, Gregory Resnover and Tommie
Smith. See Trial Trans. at 275-76, 283.
Finally, if we view the instructions as a
whole and in context of the arguments and
evidence offered during the trial, then it is
clear that Gregory Resnover received indi-
vidual attention. Each defendant had his
own attorney who argued separately. In-
deed, both counsel and court made pains-
taking efforts to distinguish the partic-
ipation, and resultant culpability, of each
defendant in the tragic shooting on Decem-
ber 11, 1980. See, eg., Trial Trans. at
1911-19 (atomic absorption tests separately
performed and evaluated on the hands of
both defendants). There is no merit in the
claim that the trial court failed to instruct
the jury to give Resnover individualized
attention.

We reach a similar result with Res-
nover’s challenge to the court’s instructions
for the penalty phase of the trial. Res-
nover argues that the trial court failed to
instruct the jury to give individualized con-
sideration to the penalties each defendant
should suffer. Specifically, Resnover con-
tends that the court’s accessory liability


RESNOVER v. PEARSON 1461
Cite as 965 F.2d 1453 (7th Cir. 1992)

counsel met the standards of the Sixth
Amendment in representing Gregory Res-
nover.” Resnover, 754 F.Supp. at 1384.

We reach the same conclusion with Res-
nover’s two other challenges to the effec-
tiveness of his counsel’s representation.
Resnover argues that his trial counsel
failed to implement his professed strategy
of distancing Resnover from a co-defendant
during the guilt/innocence phase of the
trial. Specifically, Resnover claims that
trial counsel failed to obtain the testimony
of one Samara Palmer and file necessary
pre-trial motions. These failures, Resnover
asserts, amount to ineffective representa-
tion in violation of the Sixth Amendment.

Resnover also contends that he. was de-
nied effective representation on appeal.
Apparently, Resnover’s appellate counsel
chose not to file a reply brief in response to
Indiana’s brief to the state supreme court.
Resnover claims that due to the failure to
file a reply brief, a misstatement of fact by
the State of Indiana went unchallenged.
Resnover points out that the Indiana Su-
preme Court repeated the misstatement of
fact in its opinion affirming Resnover’s
death sentence. Yet, despite Resnover’s
arguments, neither of these two additional
challenges can satisfy the two require-
ments of Strickland: that counsel’s per-
formance was in fact deficient, and that the
deficiency prejudiced the defense.

[11] As to trial counsel’s performance,
Resnover fails to establish that his repre-
sentation was deficient. He can demon-
strate no specific failures of his counsel;
he even characterizes his counsel’s legit-
imate efforts as less-than-effective assist-
ance. For instance, before the trial began,
Resnover’s counsel sought assistance from
Professor Kenneth Stroud of the Indiana
University School of Law in preparing a
motion to dismiss the death penalty count.
Resnover suggests that this assistance

‘from the professor demonstrates his coun-

sel’s failure. ‘Even this motion was not
his work product,” Resnover argues, “but
rather it was the product of a law profes-
sor.” Resnover’s Brief at 52.

[12] Arguments like this merely demon-
strate Resnover’s failure to satisfy Strick-

land. The fact that Resnover’s trial coun-
sel sought expert assistance from a law
professor reflects positively on his per-
formance. Similarly, Samara Palmer, the
witness Resnover claims should have testi-
fied, refused to give any information to the
Indiana court during the post-conviction
hearing. Palmer, who apparently was
present during the shoot-out that resulted
in Sergeant Ohrberg’s murder, asserted
her Fifth Amendment privilege to remain
silent. Therefore, we cannot say that the
absence of her testimony from Resnover’s
trial amounted to ineffective assistance.
On the contrary, it seems that her testimo-
ny, whatever it would have contributed,
may have been unavailable.

[13] Nonetheless, Resnover claims that
the State impermissibly intimidated Palmer
into not testifying on his behalf. See Ap-
pellant’s Brief at 56-57. Resnover argues
that the State, by deliberately withholding
use immunity for Palmer, “used its might,
in the form of potential murder charges, to
keep [her] from giving testimony.” Jd. at
57. These arguments are inconsistent with
settled law. The state is under no obli-
gation to grant immunity. Bubb v. State,
434 N.E.2d 120, 124 (Ind.App.1982) (“It is
clearly no violation ... to refuse immunity
to defense witnesses.... The [F]our-
teenth [A]mendment does not require pros-
ecutors to give an ‘immunity bath’ to de-
fense witnesses.”). Accord. United
States v. Hooks, 848 F.2d 785, 799 (7th
Cir.1988) (“The [use immunity] statute does
not obligate the government to grant de-
fense witness immunity.... The trial
court lacks authority to provide immunity
for a defense witness absent a request by
the government.”). Resnover’s claim, then,
that the government impermissibly with-
held immunity from Palmer is misplaced.

[14] Resnover also contends that the
trial court failed to perform its responsibili-
ty “to inquire into the validity of [Palmer’s
Fifth Amendment] claim.” See Appellant’s
Brief at 56. He argues that the court, not
the witness, must determine whether a real
danger of prosecution exists that would
substantiate the witness’s refusal to testi-

1462

fy. Resnover misinterprets the case law.
We cannot agree that a witness’ constitu-
tional privilege against self-incrimination
depends upon a judge’s prediction of the
likelihood of prosecution. In re Folding
Carton Antitrust Litigation, 609 F.2d
867, 871 (7th Cir.1979). As we made clear
in Folding Carton, “{I]t is only when there
is but a fanciful possibility of prosecution
that a claim of Fifth Amendment privilege
is not well taken.” Jd.

[15] In the instant case, there surely
was more than a “fanciful possibility” of
prosecution. Samara Palmer was inside
the residence at the time Sergeant Ohrberg
was murdered. The state originally
charged Palmer with murder and conspir-
acy to commit murder. Both charges sub-
sequently were dismissed. See Post—Con-
viction Trans. at 61-66. The trial court
sustained Palmer’s assertion of her Fifth
Amendment privilege because “[{testifying]
would require [her] to give an answer that
she was present [at the time of Ohrberg’s
murder] and was charged at that time with
the homicide.:.. And while those
[charges] were dismissed ... by the State
of Indiana, this was not done [under] any
formal grant of immunity.” Jd. at 69. The
court, then, properly sustained Palmer’s as-
sertion of her Fifth Amendment privilege.
See Folding Carton, 609 F.2d at 871
(“When a witness can demonstrate any pos-
sibility of prosecution that is more than
fanciful he has demonstrated a reasonable
fear of prosecution sufficient to meet con-
stitutional muster.’’).

Moreover, there is clear evidence to es-
tablish that Resnover’s trial counsel fully
explored Palmer’s potential as a witness
for the defense. Resnover’s counsel re-
ceived from the State of Indiana two state-
ments made by Palmer. He also attended
Palmer’s deposition. Given these efforts,
in addition to the absence of any available
statement by Palmer that would have been
critical to the defense, Resnover can estab-

4. There is no dispute that the Indiana Court's
statement that “[t]he person who stepped out-
side and shot Ohrberg two additional times as
he lay on the porch fit [Resnover’s] description”
is false. See Resnover, 460 N.E.2d at 931. The
evidence in the record clearly demonstrates

965 FEDERAL REPORTER, 2d SERIES

lish neither that his trial counsel’s perform-
ance was deficient nor that any alleged
deficiency prejudiced his defense. Again,
we reiterate that merely claiming that
counsel could have done more—without a
specific showing of insufficient perform-
ance and prejudice—is not enough to satis-
fy Strickland.

Resnover’s challenge to his appellate
counsel is a bit more engaging. Resnover
argues that his appellate counsel failed him
by neglecting to file a reply that could have
challenged the inaccurate statements of
fact contained in the State’s brief to the
Supreme Court of Indiana. Apparently,
the Indiana Court relied on the misinforma-
tion contained in the State’s brief. Res-
nover argues that that misinformation was
critical: it mistakenly stated that Resnover
may have been the individual who stepped
out onto the porch and fired additional,
point-blank shots into Sergeant Ohrberg’s
fallen body.

[16] The state of Indiana responds that
the appellate counsel’s failure to file a re-
ply brief to correct the misinformation did
not prejudice the rights of Resnover. We
agree. Appellate counsel already had cited
the page in the record at which one of the
other police officers testified that it was
not Resnover who stepped onto the porch.
Thus, it was no prejudice to the defense
that a reply brief was not filed. See Res-
nover, 754 F.Supp. at 1879. Yet, because
Resnover places such emphasis on his ap-
pellate counsel’s failure to file a reply
brief, Resnover in essence contends that he
is entitled to a writ of habeas corpus be-
cause one of the findings of the Indiana
Supreme Court was not based on the
record. See Appellant’s Brief at 63-64.

[17]. The district court properly rejected
this argument. See Resnover, 754 F.Supp.
at 1379. In Jackson v. Virginia, 443 U.S.

307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), -

the Supreme Court declared:

that, while Gregory Resnover shot at officers,
including Ohrberg, as they attempted to enter
the residence, he was not the individual who
fired those additional shots on the porch. See
Trial Trans. at 1425.

}

q

[I]n a challenge to a convict
under 28 U.S.C. § 2254—if
procedural prerequisites for

have otherwise been satisfie:
cant is entitled to habeas co!
it is found that upon the rec
adduced at trial no rational
could have found proof bey«

able doubt.

Id. at 324, 99 S.Ct. at 2791-
Resnover, 754 F.Supp. at lt

cases). A review of the recor
most favorable to the prosec'
es us—as it convinced the d
that a rational trier of fact
have found the petitioner gu
beyond a reasonable doubt.

We see no need to recite
evidence supporting Resnove
That recitation can be found
court’s decision. ‘' See R

F.Supp. at 1377-79. Suffice
the testimony of the police «
scene of the murder, the ph
namely a veritable arsenal 0.
the forensic evidence obtai
autopsy of the victim, create:
that is replete with evidence
jury’s verdict. We hold that
indeed could have found R:

Resnover’s remaining th
challenge both the trial cou
to the jury and the prose
argument at the end of the
phase of the trial. Specifi
argues that the trial cou
failed to charge the jurors
ke a separate and indiv
ation concerning Resnc
that the petitioner's rig
¢hth and Fourteenth An
lolated as a result of the
ions. Moreover, he conte:
Statements contained in ti
final argument amounted
misconduct in violation 0’
Righth Amendments. ‘Ti
éyer, does not support R
Hons of error. On the con‘
vor in either the court’:
the government’s closing

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a See Na a ee ae

Meieds 4 fostimnony Denuty Shapif.

‘LPidore be te tifled) De, heady. who weal

Med talked ratlonally to hima: thyt hin |

fo stenting them: that Rinkard bead)

feng

| 4 Hale tif

evidence was completed and after g oft)

i Yay per

hans. replied “No.” Asked of what ih fatlon

pi dme tye

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Attorneys Present Authorities
Urge Insanity of Wife Mur.
derer Rinkard,

ard

.

Arguments for the motion fof’ a new

was at the Jast .erm of the Wabash
teria of circuit court declared gulity of
murder in the first degree and sentepe-

the arguments were completed, which
Was late th the afternoon, Judge Shive-
ly informed the attorneys that he
would deliberate upon the evidence,
_ nd inform them when he was ready to
Make a decision.

It-is thought that the deelsion will
be rendered by Wednesday or possibly
28 late as Thursday.
~.. The attornéys in the case trom thhs
*city were all present, but only Attor-
ney J, A. Kersey, for the defense and
Attorney W. M. Amsden, for the prose-
Cution, made arguments... mi
When John Rinkari; the condemned
Rrisoner, waa taken into tne court
room, Monday, he seemed to be indif-
ferent to his surroundings and of what
was going on. He sat in o seat near
the place he occupled during'the first
trial, and held hia handkerchief jn
front of his face. He appeared to have
lost considerable flesh and has the ap-
pearance of having suffered much. Ile
was quite pale and his faco was hag-
gard.
John A, Kersey commenced his argu-
ment for the defense a few minutes
after 10 o’clock and devoted nearly all
the forenoon to reading afi\davits,
These Include one by ench of the at-
torneys for the defense, In which they
recite the demeanor of Rinkard during
the trial and after the verdict was

ah mtn

the trial was.completod. An affidavit
by Giles Dean, who has. known the
condemued.man for many years, wag
to the effect that Rinkard was known
as “Crazy John” Rinkard, Affidavits
_ Of medical authorities to the effect that
the receptlon of the verdict would tend
to show dInaanity, were read. These
Were tle evidences upon which a new
trial wha asked, | pope, tae
In the afternoon Mr. Kersey reaumed
his argument, reviewing the law beur-
ing upon the motion for a new (rial.
Only the fourth clause of the motion,
that touching new evidence, wis ore
‘gued by him, The pottte in the law jn-
troduced were: The right of the court
to grant 4 now trigl and the Ante «¢

trial tn the cara of Join Rinkard, who

ed to death, were made Monday bes |
fore Judge Shively, at Wabarh. After |

~

‘ot done ‘
3 o'eloc)
nitrosglyp
well.

REGU

MUNCIE

>

Opening
a 6

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presbyter,
the rat
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lg attendly
Marion Py
is.a lay de’
of this eit:
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of a mode
following 1
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tho Age,”
D. of. Por
Dr. Charle

Marion; ‘'}
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mo. Addn
church wo
Buchadan |
of Peru, an
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Po Pah
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NEW REP
Fiat

Dem

od

Maree }

+

The nove:
by tha F “pep

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a

Noblesv. |

Missions,” |

Governor's |

TA OEE Uk WRaE
hat in a seat nen:
Oo durlog the fips:
hia handkerchtef Ih
He appeared to have
flesh and has the ap.

ing Bufteored much, Jfe

Was going an. He
the’ place he occuph
trial, and held
front of his fare.
lost conalderab!,
bearance of hes

was quite pete and Wee face was hag
rar
? , Le ‘a x ‘
MODM AL |g y commenced his argu

went for thes defense
after 10 w'eluc koand devoted nearly all
the forenoon to reading aMdarite
These Inthide one by each of the al-
torheys for the defenge, in which they
recite the domonner or Rinkard during
the trial mod after the verdlot Was |
reached, as eyisence of Insanity, and |
Whieh could pot have DeCTRIVén dnth |
the trial waa ¢ mmpleted. An afidavit |
by Giles Dean, who ling Anown the!
condemned man tor many years, was |
to the effect thee Rinkard was known ;
a6 “Crazy John” Rinkurd,. Aiidavita |
Of medical authorities to the effect that).
the receptlon of the verdict would tend:
to gheoty Infanit’, wore read, These}
Were the S¥idence@ upon Which a new
trial wha nebo,
In the afternoon Mr,
his argument, eoyds Wire the Jaw boar.
ing upon the weotion for a new trial,
Only the fourth clause of the mottor,
that touching pew eviienes, waa girs
Gued by him. The points tn the law tn-
troduced were: Tha righ! of the court
to grant nm now trial, and the duty of
the court te do en When The freta arg le:
Larallel with thoes get vo) the duty of |.
the court to net where newly-dincoy- |?!
ered evidetion {a Introdneed by aifda-
Vite, and the right of the Court to grant
& new trink when the vopidfet if Not sup.
borted by the evidence, Pre court hag
large dlecretionn ry power of there et.
tations. Theo Jnw Qutboritiog qrotod
Were quite Imprebiy.

The  proreeiitfes
Ameden tapltead to

“a few minute:

Kersey rocumed

Atloriey, WW, M. |.
Mr. Korsey'r mipu-

Ment In the ease, find mvked that the ; Bry
verdict rendcred by th, iniy bo pune |”
‘tined, as
Of the exparta whore oyitence & me fq ery,
troduced ta afiidayr *, Jocebts Bantryian |
1g at the head of fhe Bietnive prvetteay {3
at Indiarepotis + I Samiiel Braga at Hy
tha head of thee poocs UW Menor ye eR
‘

Rush HAD h PRL bee) fe tee ee ea ao


x-night Desk Sergeant-Frank M. Allen,-co-author,-who-directed the hunt.

wo points. My plan i8 to head off
he fleeing killer—if he remained
long the railroad right-of-way.

[HE white headlights of Lueder’s
car stab the intense darkness at
he Hitchcock street-P, M. crossing.
Warrick and Newman leap out
mto the snow, and with the aid of

vocket flashlights, scrutinize the

ailroad right-of-way.

First to spot -the footprints, with
he unmistakable heel, is Warrick.
“he toes point west.

“Here they are,” Warrick ‘whis-
ers excitedly out of the dark. ‘“He’s
‘one by.”

Lueder shuts off his motor, and
he three listen.

No sound breaks the absolute
tillness, a stillness as intense as
he darkness, Not even in the dis-
ance are there glimmers of light
x traffic sounds.

Newman bends over the prints.
‘He must have passed here only
. few minutes ago. The sides of
he impressions are just beginning
Oo cave in.”

Warrick, a tall, handsome blond
ficer, suggests a plan:

“Bob, we’re probably the closest
vo0ys to him, for he’s traveling fast.
<ibby and the boys, if they’re cau-
ious, won’t be along here for an
1our.

“What do you say that Lueder
ind I drive around west to the
Sounty Line road and the railway
o head him off? You follow his
wints and try to catch him from
yehind.”

22

“Okay,” Newman agrees. Newman
is another of the force’s white-
haired veterans. “If he hasn't
reached the county line by the time
you get there, wait, and we'll have
him corne:

Newman advanced cautiously

‘along the rails, his pocket torch

occasionally stabbing at the fresh
footprints.
Lueder’s car rolls silently away.
At the County Line road-P. M.
crossing, Lueder’s headlights again
offer the only illumination in the
almost tangible dark.

Lueder stops north of the level
crossing, and Warrick climbs agil-
ly out.

“It’s as dark as my bedroom
with the shades down,” Warrick
mutters as he creeps toward the
rails. “I expect to bump into a
chair any minute.” .

Warrick is familiar with the lo-
cality, a great advantage over a
strange desperado. He knows that
about 30 feet south of the cross-
ing, black-topped Earl Road reach-
es its western end against the
north-south County Line road.

A quarter-mile farther south a
super highway is under construc-
tion. Trees have been uprooted and
the right-of-way leveled off. The
super highway runs east and west,
and passes through the northern
edge of dismal Doran’s woods to
the west of the county line.

Behind Warrick and north of the
crossing are open fields, swamp
and woods on either side of the

‘county line, Two miles to the north

stand the lake hills.

The rails approach the crossing .

from the northeast. West of the
county line, the rails curve sharp-
ly to the southwest, passing direct-
ly through Doran’s woods,

Shielding his flashlight with his
hand, Warrick stoops and examines
the crossing snow. The smooth ex-
panse has not been disturbed. At
his sharp exclamation, Lueder joins
him,

“He hasn’t reached here yet,”
Warrick exclaims softly.

Snapping off his torch, he stares
into the eastern blackness,

“He’s somewhere out there be-
tween us and Bob Newman,” War-
rick says. “Go back to Allen, Lueder,
and -tell him to send as many men
as he can spare.”

' Lueder’s auto purrs until it is
far north on the County Line road
and then it roars. .

Warrick kills time in-the still
darkness by walking a short dis-
tance east along the rails. The
snow is unmarked.

Minus his. lights, he cannot see
a foot before him, but he listens
and hears only the whine of the
piercing north wind sweeping over
the lake hills and through the
‘trees.

_ His long length warmly clad, he .

crouches in a shallow gully next
to the crossing between the rail-
way rails and black-topped Earl
—
As he waits, he pinches himself
to keep his blood in circulation.
Suddenly he tenses.

Unheralded by the crunch of -

footsteps, he has heard the com-
plaining shriek of a fence wire, as

if someone were climbing over it,

about 100 yards due east. That
would be slightly south of the rails.

Cautiously he raises himself, but
he is unable to penetrate the dark-
ness to the east.

Minutes elapse—and the next

fence wire screech. causes Warrick
to jerk involuntarily.

The second screech had come
from farther to the south, near the
Earl road.

Warrick realizes someone is mov-
ing south, climbing over fences,
out there in the darkness east of
him. Undoubtedly it is the killer.
He has left the rails and is head-
ing toward Doran’s woods.

Whether he should follew im-
mediately or wait for re-enforce-
ments bothers Warrick, but it is
solved for him when he hears the
roar of an auto north on the county
line.

Lueder is returning.

The policeman guesses the killer
has heard the auto before he did.
That is why he quit the rails.

As Patrolman Earl L. Nichols,
324 Wabash Street, and ex-Patrol-
man Charles W. Thomason, 107
South Dickson Street, alight from

eder’s car, Warrick _ cautions

em to silence.

The two newcomers stand alert,
listenirig.

“Someone’s moving out there in
the fields to the east,” Warrick
tells them. “I -heard a couple of
fences squeek. I think it’s our man,
and he has left the rails and is
cheading southwest toward Doran’s
woods.”

“We can find out quick enough,”
Says Nichols, a slender, keen-eyed
Officer, starting east along the
tracks. ”

Cautiously but rapidly, the trio
advanced,
A hundred yards from the cross-

-ing Warrick’s flashlight winks on

and then quickly off.

But all three officers see the foot-
prints, with the U. 8. Spring Step
heels, turning from the railway
tracks and veering sharply to the
south.

Warrick pauses and stares into
the eastern gloom,

“Newman. should be right be-
hind him,” he says.

Nichols reminds: “We can’t take
time to. wait. We don’t want ‘this
mug to get away. Suppose a freight
comes pokin’ along—he’s liable to
hop it.”

At the edge of the railroad right-
of-way the three climb the first
fence and drop onto a snowy field.
Again Warrick uses his beam. The
white circle picks up the footprints
angling to the southwest.

Fifty yards farther south, the
three run into another fence.
Climbing over, they find themselves
on the wind-swept, black-topped
Earl road.

Dashing across the 20-foot ex-
panse, the trio sees the Spring
Step prints have mounted a fence
on the opposite side. They drop
into an old corn field and waste
precious minutes in locating the
trail which has mysteriously dis-
appeared.

Quick-thinking Warrick surmises
the killer has slid along the fence
wire before descending.

Frequent flashes of their torches
are necessary before they come up-
on the prints fifty feet to the west.

A hundred yards southwest they
encounter a fence running north
and south. It borders the County
Line road, and the policemen bound
diagonally across the asphalt,

They race 50 yards across a
meadow—and suddenly stop.

Uprooted trees, perfect ambus-
cades, tower before them in the
darkness. .

Ahead is the highway under con-
struction. The roadbed is smooth,
but across the roadbed lies Doran's
woods and the trees uprooted by
tractors. Clay-embedded roots rise
high in the night.

“Don’t use your lights,” Warrick
whispers sibilantly. “We’d be too
good a target.”

Bending low, Warrick picks up
the footprints, and almost on his
hands and knees, steals across the
smooth roadbed. On ‘the far side
he sees the trail leads between two
fallen trees.

Motioning Nichols and Thomason
around opposite sides of the trees,
Warrick, with drawn automatic,
follows the footprints between
them. Ss
Despite his efforts, his feet
crunch on the crisp snow and mo-
mentarily he expects a .45 to blaze
in his face from behind the clay-
caked roots. But, squaring his a
he keeps doggedly on.

He is surprised when they pass
the roots without mishap, and find
the killer’s footprints leading into
Doran’s woods underbrush.

Reflected light from the scatter-
ed stars had offered faint illumin-
ation just outside the woods, but
now they advance between trees in
impenetrable darkness.

- A short distance in they come
upon another windfall. A quick
flash of Warrick’s light shows the
Spring Steps leading..up to the


overturned stump and behind.

They separate.

Warrick moves forward directly
on the Killer’s prints, while Nich-
ols and Thomason flank the up-
right roots.

Silently they advance. None can
hear any of the others. Warrick’s
outstretched fingers touch the clay-
ey roots.

Pausing a moment to give Nich-
ols and Thomason time to close
in, Warrick flashes on his light and
steps behind the stump.

His automatic droops.

The space behind the uprooted
tree is bare. The beams of three
flashlights show the snow has been
trdmpled and pressed down.

“He laid here,” muttered Nichols.
“This is where he saw us cross the
roadbed, watchin’ our lights move.”

The three shudder. They realize
they are close upon the killer and
may .expect an ambush at any
-moment.

“Scatter,” commands Warrick.
“We can’t let him get us in a lump.
You keep to my left, Earl, and
Charlie, you stay to my right. I'll
follow the footprints.”

Attempting to step quietly, they
advance, but silence is impossible.
Dry leaves lie thick beneath the
Powdery snow, and tangled, leaf-
less shrubs extend between tree
boles. Low hanging branches whip
their cold faces. ,

Unknown to them, Patrolman
Bob Newman has come up and is
also in the woods.

Newman has followed the Spring
Step heels from the Hitchcock-
P. M. crossing to where they

merged with the officers’ three
“sets of prints.

But in the darkness of Doran’s
woods Newman failed to meet up
with his fellow officers as they slid
through underbrush, poked under
shrubs and cussed through briar
Patches,

._ He was not with them when
Nichols, Warrick and Thomason are
suddenly hushed into immobility.

From out of the blackness ahead,

less than 50 feet in advance, they

hear a dry rustle like a human
body dragging itself across a car-
pet of dead leaves:

“We got him,” Warrick whispers
excitedly. “Thomason, you charge
from the right. Keep your flash-
light on him to blind him. Earl,
you do the same from the left. I'll
charge from the front.”

They deploy. Presently Warrick
utters a low, piercing whistle, and
with flashlights and automatics
raised, the policemen charge reck-
lessly forward through the matted
underbrush.

Their three beams have picked
out @ sandy rabbit hole in the
snow. The burrow has been enlarg-
ed by hunters’ shovels, and from
within thé burrow a pair of wild
black eyes glare over the mound.
of fresh earth. Above the wild eyes
is a bushy mop of unkempt, human-
hair.

Before the police guns speak, the
owner of the wild eyes leaps out
of- the enlarged hole and throws
himself on his knees in front of
the running men.

(Continued ont page 30)

Burdette H. Wendt, spectator, stands behind uprooted tree

at right-of-way for new highway through Doran's Woods.

or fy

e.


EOPLE WHO crtraNGeE CASE OF THE COP-KILLING AT CALL BOX 13 (Continued from page 2)

!
A HARRISON sp
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Writing Aptitude Test and further

writing for profit as promised in
ex, June

Confidential. No saleaman will call
152C663

spaper Institute of America

ee ea

‘Donald F. Myers, spectator, and Patrolman Lloyd Storey re-enact the murder drama.

The quarry is a thin, hatless
young Mexican who jabbers ex-
citedly:

“Please! No shoot! Dios!”

"THE Mexican is in the last stages

of fright, his eyes rolling and
his yellow teeth chattering. His
arms shake within his overcoat as
he holds them aloft. .

Holstering their guns, the officers
grab the youth and roll him quick-
ly on his back, handcuff him, fan
him thoroughly and examine his
heels.

Warrick exults: “U. 8, Spring
Steps.”

“But where’s his gun?” Nichols
complains.

Their fanning fails to reveal a
45, or a gun of any descripticn.
They dig into the sand with their
fingers and probe into the hole.

The young Mexican, Ignaccio
Saragoza, 27, pretends not to un-
derstand what the police ask him.

For a distance of.a hundred feet
around the burrow, the officers kick
through brush and leaves for the

missing gun, but are unable to
find it.

Attracted by the crashing in the
underbrush, Policeman Newman
comes up.

“Why, I:just passed near here,”
he exclaims.

Saragoza has a larger police es-
cort before he reaches the station.

He is brought in at 6:45. Fifteen
minutes previously Policeman Men-
ke ‘had telephoned from St. An-
thony’s hospital to report Charlie
Glafcke has died without talking.

Three days later Saragoza con-
fesses.

He leads police to his gun, hid-
den under leaves in a thicket near
the rabbit burrow. Only quick work
by Detective Walter Will prevents
faragoza from grabbing the loaded,
cocked gun and turning on the of-
ficers.

Will jumps on the stooped Mex-
ican and grabs the automatic. The
automatic is vital evidence.

Saragoza says he had shot a
fellow Mexican, Manuel Sisneros,
in Hammond the night before he

killed Glafcke, and when Glafcke

picked him up, he thought he was

a wanted murderer. He says he con-
cealed his .45 up his overcoat sleeve
when Glafcke fanned him at the
depot, and later dropped the gun
down his sleeve into his hand
when Glafcke called me.

The fiery Mexican says Newman
passed close to him in Doran's
weods just before Warrick, Nichols
and Thomason closed in on him.
For minutes, he held his finger on
the trigger, waiting for Newman
to discover him. But Newman veer-
ed and walked in another direction.
. Convicted of first degree murder
Feb. 19, 1931, by a LaPorte Superior
court jury, Saragoza, sobbing and
penitent, was electrocuted in the
Indiana state prison at Michigan
City June 25, only four months
later.

NOTE: The names Pete and Rudy
Klinglz and Jerry Rader are ficti-
tious to save embarrassm2nt to
parties not criminally connected
with this case.

eneracte

@

wsee23


aie)

— ia

/ , /
ot YVAASYV? i
Bi pk RAAT AO Tle ees fe ES

w-€ ent Sond

e ooer  aremnie ta this column, of three Unsa,
. twa, | sey | Dece® a

“FOR RENT.

it cod First fa,

ra bee e oe at oe Fou
board

i‘. coma, Wil Bins
i ypaon ety A4ddrem “A,” Journos!
ot myldit

2 f AOY

Waccution of Bea. Gawyer for the
Murder of His Wife.

By nino o'clock yesterday morning
@ crowd began to collect iu front of the
Court House and jail, as it wos known
that Bon, Sawyer was to be executed
some time during the day for the
murder of his wife.

The gallowa had been erected dur-
ing the night, and was nearly ready

<tcrssum | when the oflcers began to admit the
FOR SALE. jury and other persons aclected to be

ee === | present at, and witness the execution.

A ; 2a ecu we aE Is was of very heavy timbexs, on &
_ | low brick fonndation, just suilloient
ante Seok Sie to form a level on the surface of the jail
wast = yerd. ‘The plaftorm was about
“WANTED. —>—sd aves anda half foot high

ae and under it was 8 space in

Five
2 Enquire «f W, NW,

- OR THBEX GOOD WNW
. vasa

which was placed the coiiin, The drop
was of two inch oak plank, hung hy

: ior uuliee co Wate ag badly me
and Chesia

dant __ mye

huavy wrought hinges tothe plationn
acd supported by heavy iron quad-

NOTICE

rants, held in place by catches ons

revolving iron bar under the platform,
to which a lever was atteched, that,
when moved, set the drop free to fall,
when another catch on the beam, fit-

{ting notches on the quadrants, bold

the drop back. A light hand rail sur-
rounded the scaffold, which was
reached by steps et the rear against

tho wall of the yard.
About half past ten o'clock, Chorif

Pisffin ascended the scaffold, and ad-

aes ieee
‘y OAnDAWS & OO. ~~ ages
BOARDING,
ZY . ad wW bay BOA DE aces CAN BE
: . ennedated eb Mins, t,t, BISHOPS, Ho.
2 Dtvect, myD-iw
&¢ OUND.

fh,

. ee "

now [or “HE WO—Roquice ot thle

dressing the spectators, said:
1 Gentlemen: wish to impresa upon
tis the solemnity of this occasion, aa

feel it, and [trust you will act with

3AVED OR STOLEN.

due respect to the law end preserve

strict order, Tho law to-day requires

a THe pds doingemcle bay wert ater On
® snali half-breed

aesday, the 17th ions

me to take the life of a human be-
ing, and I desire that it shall be done

yred Abd A Hoeral reward
aid for her z-

wt at Wry. Caidwali'a Grocery, No, 11
et. G@. 3, GRAMME,

with all the solemnity roquired by the
terrible neacesaity.”

Mc. Pfatilin sppeared firm, but his

) Daily Journal.

free wore thst haggard, anxious look
that has grown upon it almost ever
sinoo the senteace was pronounced

voqnixing him to execute the drend

IRDAY, MAY 27, 187L
coy Nw ses.

An attentive and industrious
: 2venteen or eightoen years of
>: wget employment at Lyon's,
Main Street.

\ pax's Wzuwzy. — The number
ne of this invaluable weokly is

+. das tho Post Ofico News De-
i ith all the latest illuminated

» 1a Max Missova,—Justus Cav-
left Ovl, Barter’s book store
"u.. tay night, after nine o'clock, with
tis. ontion of taking o skiff ride, and
t since boon woen. About ten
vei ithat night a young man an-
-v . ghis description; got the skiff
. -pa from Tko Finch’s skiff shop,
elo. Walnut Stroot, with the inten-
{ rowing across the river, since
timeneither ho nor the skiif have
ed, From this it is feared
young Cavender, being un-
Los an oarsman, hus beea
ied. Hu was but tifteen years
ut waa very bul—about five foot
iches—with a fair round face,
unt look, light hair, and had s
atending sbont wa iach ands

hope Ho retired to the jail, and
in a abort tims returned with Sawyer,
whose arma were pinioned behind.
Sawyer wos. eocompanied by Rev. A.
Y. Hall, of the African Methodist
Church, and Rey, Groen McFarland,
of the Colored Baptist Church, Dep-
uty Sheriff Reuben M. Davis and Br.
John B, Young, bailiff, acting as the
Sherif’s assistant, end an elderly
colored man accompanying 8% pris-
oner.

The party ascended the scaffold,
and Sawyer was’ placed upon the
drop,sad Depaty Sheriff Davia placed | co
the rope about his neck, At this in-
stant a ehort cry of deep pain was
heard from a female voice st a win-
dow of tho Sheriff's residence, Saw-
yor, however, betzayed not the least
ernotion, as ho ewayed his head aside
to allow the froe passage of the rope
over his head. Officer Young then
tiod hia feet, and when this was done
the sheriff asked: ‘Bon. Bawyer,
have you anything to say why the
sentonce of the law should not be ox-
eonted upon you?’

Sawyer suawored: ‘“Yoa sir, I
have.” Tho Sheriff said, ‘What is
it? Prooved,” when Sawyer auswered:
“You just loosen this rope around my
nook, it’a too tight.” The rope was

. 2 ars | as
tu Tornecsss, oun pleve from Mesbratie, i bod
a brother mes out ve them.. Gus ciatug le fe
Ligtona, the Cube? Wie seeking, Gae wor broke
ond 1 wont tatu the jh grebored eteid til la
waa diver, thon ET etat to utemnbdention. I 2

killsd ea) no bevorg Aisay & tha ov! pear toed
1 ever Bat 1 have beena tad man, I
worked sae cud give my menay to Licay, snd
abe would gire ig away, Lalwaya drank whis-
hy, but nA wo bad until £ came out of
tho army I liked Liszy, end I ssid her
if che did not stop deing the way abe was,
that ry tle oat here 16 te; Lees Grenk
thiee Senor oa a wey Test pay nk
three dria’ on bie Oa pls ary
savther maa a drink ow fos Sages ama
the rest of it, ead ran down tot tho tot, aad eo
talking with about her frieads in Teadersoa,
and waited ber 19 come home, |
no satizfaction, and I got creay,
what I waa doing. But I woa to dunk. Icon’
read a wurd, but I bultove there is a Liwven where
tha good people gv, 664 @ Holl whore the wicked
wil be puoishod, “Did you ete prayt? Not
since 1 waso child. Ihave not brea ineideof e
church for foar years, Tho las} wes at the Col-
ee ym Church, 1 waa 2 winked that I
besa told

want to stay bere tia iba eoll bows 1 84 wank to
go to Gistes Pr: Tam willing to trust my
suif ta the Landa of ae Ko cam 9 amore for
me then every hody togciber, Y isa govd, and
not afraid tocia -

and feit bo goed that I ovary body, I for

give all my euemics 6vexywhors, I cloop sunnd
‘Thosg otfcers oon “_ sab

wad good at nights.

“The D heat vialt my dievoled to prayteg, telgingd of
death aad the Judyment to corse, 18 wed Lively,
pleasent aud prayerful, A. T, Geet.

And thus ends the life of Ben Saw-
yer, whose execation broeka the borg
interval of thirty yeura cince the ex-
treme ponolty of the law was infleted
in Vanderburgh ‘County, Will the
next interval be es long?

- YH DOGARSE HOMICIDE.
; {

Blakely Remandgd gad Ball Bo-
.  fased |

Tho examination of Robt. S. Blake-
ly ya procosded with jasterday, be-
fore Justios mary, the crowd-ta at-
teadance boing so great that Mr, Em-
ery's‘offloo was too amali ‘and the
Crimingl Opyrt. Been wap. used: for

the purpose, *
RMattin Morford, éworn: Kaew John Donshos

done, Tle next day he sats sin uk
for his money and Blakely madeathim with a
eoieg Leper ae told him to leave the prea

akeley's wife Wwstrained bin, and Done
sy his ead leit, Om the way to Ev-
aueviile, he Binkely aod te or thzee othor
fellows overtook and Biskely hot bim, He
did not say at that pee , that bs was
foing.te After tald me hs could not
ve boxe. whem Was poweat i was Rot
paying any ver, atta aa I never

Lo meatier,

e pected tw be lod a3 a witpesa in
M, Harvey sworn: Ams piysictam apd eur
oon; have practiced five years; kaow Johu’ Dons

oo; Rretwaw bia on Bundsy ovealug ‘Ya the
pet andes bell pest seica; , fauna bia

a fond B ALES wound ta ab

tet fall natgged the elvis bowe on the Piva }

tldu above the groin, tS bell ball pioducod and showa,
It is s largo about 09 to tue woud.)
I visited hla again oa Monday, snd on Tuceday
morning he died, A post sortem exssnination
rev tho iutewtine aud jossentiary yeing
were cat eud about two warts of blood wea found
in tho coreiay, qeawedl hy by adaced by

al age Pp
a ada ne oe fo n vated
Dr, Meadrtak swora: & plyaicisn; B gee
-eted in bie post Kicrian om tl Sa body Joba
wnahoe, ‘ihe peritoneum waa wounded besides
the wounds daseribed by Dr, Harvey. The
wounding of the mcseitery e:teries coused @
housarzheets Give produced daik,
Geo, J. Mowman: Ara . ie
‘Towgehip, Baw Dike
twour one aad three o ook.
a werrent for soru0 porn whoen me a
not give, Bald his wife hope the @ books aad he
had forgotten their names, Hoe afterwards gave
the namics aa Lowry cad @ givea 28 1 don’t re
ila wank mo to app id a special
» bo take then, ead wy reply 4,1 have
tod my Lut speoial comets! 4a in bite canta
3 ald be Would Aas to ahodt tha & A me.
Ad bicu tho cousietla was canpeient to mocge

the arrest, but iw stil inaatfested  @icat dustre

thas tw

iat prodaearned ‘exogaing, 4. .

tt ¥ etal as “
Wenliow’ if bain Both Uh tv's *
weee tenants of Captain Win, Seales,

of this city, who ia associated with

Azro Dyer, Hsq., and T, L. Davis, in

the defence.

A Naw Oaanzior.—The distinguished
Jehu of the Adams Express Company,
whose name is Smith, received by the
Charmez yesterday, a maguiilcent,
new chariot, which will appear on the
streets to-day.

Ace. Boaxarr will be the sensstion
next Monday and Tuesday evenings,
with his comicalitios, his transforma-
tions of face and drosa, his oloquent
readings, and porsonations of peculiar
people, Ho will be ausisted by Hiss
Helen Nosh, e vorsatiis end accom-
plished reader and comedienne, Their
entertainments are highly interesting.

PICOLILI.

Nuraxs egein to-night.
. Mseammon is directed to the local
notice ed Captain Sunith, agent of the
8, & & N, Railroad,
~ Pra megoury reached 94 in the
shede, et A o'clock, yesterday.’ At 6
peu 15 waa at 94.
* Kxweaumy Mission Sabbath School
hava their pic-nic at Parrett’s Grove

tax day. ‘

Eusven hundred of the citizons ot
Dit.. GQavmel ond vicinity visited this
city yesterday, Bir. O. I, Wilmans, of
the iteyisjre, leading the van, _

“‘Tueee wos no splziiaal ecance lest
night, Mra, Ferris being in attend-
ance atibe Opera Eouse, and «njoy-
ing Esther exopediugly.

Tus Recorder had no trials before
him yeaterday, and Justice MoTemman
ha& but.one.. Peter, Dashbach “was
daed 64 60 for aa avaault and battery
upon Poter Hughes, a colored man,

Buy, Snow Hecut, of the congre-
gation Bnai foracl, was tho recipient
of a beautiful gold vest chain yester-
day, from Missea Emma Wile, Mary
Meyer. aud Masters Henry Levi,
Leopold Kauimsu, Albert Loowen-
borg, Sol. Gugsaheim and Joseph
Adler, on whom'hé conferred the rito
of Coafirmation at the Seite ou
Sixth Street,

STATISTICAL,

Beal Estara Tuansyaas,—The following are
tise real estate re aera me & Wook:
Christian John 8B om, part of
borthesm sister 1 8M, Udi ggendtd
Bayer & risigas & Pepuetiice, lot
bia: Silook 61, my eT
dceaa iW, Do-
Zalargement, 61, Q. aoe
John A. Bolts to a YW Tot 33 and %
of 21, Dlock 138 Tainasoo oy, ty tor fans wo.
CL Kelle to BY, W » Lot 6, Block 18
for BELG,
ary A. Tayicoe to F feaboth Hart, part of Lot

1
is to Wn. Paths ad 3, Subdivision 88

Ol4 Pia, for
Jo&n 8. Ho; 8 peeh Ann Tyrrell, Liss ne

ead 13,

]

nag sata
pation

10,

pars ttn
i @ se ose bates 1
Roi Gus
Leverage.

delivi
nyse

rarer) ak dw ererey

ihanka.

The widiaotnen Hoclety hezeb’
tender their hartfelt thanks ito Col,
Wehler for his urbane and gentle
many politeness and manifold aitva-
tion paid to their association and in-
vited guests, on the occasion of their
dauce held at Artesian Springs Park,
on Tuesday evening, the 234 inat.
Joun Guus, Ju.

Secretary.

E,W. & N. B.R.—Through Freight
i ani row pregared to give —,
rates and bills of feding to Nashvill
and ell points south.

T. CO, Sanra,
; Agent B., H & N. i
may27 Bt] ~ No. 5Bouth Water St.”

fo this Babli, “5 '
Please bear in mind that wo do not

xetail Gioud’s Cordial, We ro in
honor. bound to protect ths rotail
dealers i sro elf supplied with the

Cordial, and will furaish their cas-
tomers with the medicine quite a3 low
63 WO Sod sige y can.

ope. our friends who ata ja

one of na Cordial, will call at the
retail druggists,
my 23- th Cxoun, & Axtn & Co.

me 2?

yeep
meee BROS.,
The old and reliable ice firm, have oa
hand @ fall supply of Lake Ico, Par-
ticular ettention paid to orders from

abroad, Prices low. Will fll city
onlors a; lowest rabap, | . past.
Breakfast.

Thousanda of both sexes, awake
every nicerdug, langatd , unrefeeabed,
and dovoid of all inclination for break-

those iddaseribabla ; feclings may pre |
cecd, thoir best and quickest remody
will ba found ina dose of Ocovun'a
Corvun The beneticial effect is in-
modiata; ‘Tho stomach at once ro-
sponds te the gonial intlucnce of tho

preparation.
di e

1
i iG, ER
At the Greenback Family Crocory,
136 Mala Street, is to be found a new
atock of Sugars, T's, (8 b's with a
bad cold), and all other Htaple aud
Vancy Grocarivs, You can get a
basketfull of Prime Kio Corfee tor a

NICKLE,

if the basket is only larye cnongh,
Other ithinga just as low in propor-
tion. es ee
ml7 tf) J. i, Ouaniox & ©

pex-Just opened a large line a fine
Lace Collars at less than hulf prices

at
HILLER & BRINKMEYER’S
Of course. my22

Wild Potato (witd jalap).
This root possesses mild cathartic
properties, acts goatly upon the liver
and kidneys, and was especially eg
ae by the old botunics as w remo-
for gravel and other derangements

: the fic ladder,

This agent is one of the elements ot
Oloud’s Invigorating Cordial, ealacted
and ground for the parpose with great
care by Croup, Anus & Oo,

Qtnateto Gectrude ¥.
Soaenen, ne Rolcks tot 46, Block’ &

Marawes, Licesya—The follow-
ing wiarriage Hosnves have been is-
sued sigce our lis’ report ;

Thanet Dastos at He

Aza emai

sy Dreives ed Uraatios Gibbs,
a Opp. Fest wand awed Girtch.e

QW. Fe

Additional River News

There were Be sudiional errivals last might vp
to mlduigh$, cxcops the Littl Condor peceed up

eae The hiary Amount, for Canneitom, dvi
843 Lcllo, to Cairo, SMayntia, to Henderson, aad
oso Lilte, fur Zogutewille, Geoarted........ a.
Ubaraxy Gla aot ariive Hilbearty GP, bd had
a big trip at regulec rates her oficsre sewert...
the Ardanoas Delle
evening tachuitig a regulse crowd of people.
We arc sutuortzed to eatenda cordial luvitetion bo
the young gentieinen and ladies, of Eramevila te

had a spdenidid tip vut ba

Janes Morukiva oud bufina Blelarty,

a} 12 o'clock ws.

fasts Wo matter, from what cagse|. _-
} Bb-a9 o'clock

STEAMBOAT

Bae be tas 8 hae ee

Phe White Collar Line's lagaus

HS DEEZ ys

Gas. Urowu, Muster;

4. & Single
Wil leave for Neabville aod ali way po
SUNDAW, MA¥ Be,

Hoe trates or pensndt as ee
2
u

¥OuK Caing AND | BE. Pe
Tee Exprwa Line's clagsut ot

A. DBA,
Joba % Spencer, Master;

af Bict

WR leave for #t, Lonia and all uters
BUNDAY, WAY:

ek 12 o'clock wm. , 7

Yor froight or pasaayge spyly on bo.

. HOMPHREY, Lewis & &

FOU LED RivER DiaEc
‘Tho elegant passcager stee

wat 2. " e r
EG divalbtars,
W. W. Featon, Master: e
dewrence ©
Wl leave for Jedferaon, Tezsa, and
diate paints on itéd Liver, ow

iONDAY, May SO
thee
iL.Wag freight ov passage apply on

FOR OWENBDORO, oe
ASVILLE,

The magnificent ere &

Morning eS

( As Ty Gino's, Master 5 3
difles BD. we
Will leave for Loulavillo and all wa;
-SALUREAT, MAG
, yom sxe of
the North and ast.

Wor freight or Date:

or
alt

YOR BOWLING GEEZE
‘Tha superb shoamer

Acca
ay
Malis ir
Joba A, Roiinsta, Master;
Marray b
Wil have for Bowling Grom sad o
ou Green River, oa
SATURUDSY, MA
abj o'clock eu
For freight or peemer ayy ont
ait 63,

BOR OW: BNEBORS CANSELTON
ND CINCINNATI

‘The Pec passenger #4

F levered
lived if
Charme
W. Kh, Motleruft, Master >
kam. '.
Will leave for Cloctacadl aud all #
BATUBBAY, Way

ak Bo'cloc’ am.
Pur freight or yuoege Meg
J

a

Wost tor
Orb, Cegametior

Vinsat amd wimtin

Gving = & Cinetanall wi

‘The elegant steam

ica
PALUSTE

Jonn HL. ParLers, heer;
Waame ko
Leaves an above 0%
HATURBAY, MA
eS o'chook a.m, poulleeey,
Yor freigut or y penenge <@ rt

pio!
Meck

*

Pou, MEMPHIS 3, vic k BBURAA
LEANS.

The tuspuiadceacs passed

mai

attend the grand ball to be given by Messre. kiowell

“OS weaw i wat


o

ZIYON: July 18 Execution alert!!! Page 2

and that of the entire clemency process. An outside board should review the conclusions of the Indiana Parole Board. Anything
less is a gross distortion of the concept of impartiality.

* HASTE TO KILL: Why is there a rush now to proceed with this execution? Is it to stop political opposition from growing? Is it
to prevent the truth from ever being heard?

* REPRESSION TO SILENCE DISSENT: Why were there reprisals against prisoners who spoke out against the plans to kill
Ziyon? Why was Mmoja Ajabu arrested for his involvement in a flag burning? Is the government afraid to hear what ALL the
people have to say? Whose turn will it be to suffer repression next?

The only hope for Ziyon is massive political pressure now. Every day there are more people who want to know about his case.
Every day the truth has been told to a wider circle. If Ziyon is killed, then it will be too late for justice for him. But it is NEVER
TOO LATE for the people to DEMAND justice from their government, We all must do that, regardless of the outcome for Ziyon.
He himself knows this.

I spoke to Ziyon this afternoon. He asks this: work to abolish the death penalty. Work to defend the many prisoners on death
row. Work for justice. Fight against racism. Ziyon says he is not the only death row prisoner to be unjustly convicted. If he is
killed, he won't be the first. His case is TYPICAL of death penalty cases. Work for Ziyon now, but if they kill him, don't stop.
Continue the struggle for all the people who do not have equal justice.

It is the duty of every person to fight for justice. The government must be forced to stop killing. If we can't stop the killing now,
then we have to keep hard at work until we do.

STOP THE KILLINGS! END THE RACIST DEATH PENALTY NOW!
In anger and struggle,

Jackie Austin

This page was created by Jackie Austin on 7/04/96:
BACK

EE eee
sere Ghee A Search for ‘Some meaning’

nace oe hoped
ot :
sg es death would

bring change

By MARY DIETER
Staff Writer

MICHIGAN CITY, Ind. — In the
end, Gregory Resnover showed little
remorse but considerable intransi-
gence,

His positive outlook turned to quiet
worty and then dissolved into tears
as he said goodbye to his older broth-
er, Dwight, and other relatives.

And although he was about to be
executed for his role in the 1980
murder of an Indianapolis police de-
tective, he told Dwight that he
“didn’t want people to think he’s a
brutal type of person.”

Ironies abounded on the last
night of Resnover’s life, in the hours
leading up to his death in Indiana’s
electric chair early yesterday.

Christmas lights twinkled inside
the working-class houses that line
Michigan City’s Chicago Street, un-
fairly competing with the blazing
beacons of the neighboring Indiana
State Prison. :

Reporters and photographers
from newspapers and television: sta-
tions in Louisville, Indianapolis,
South Bend and elsewhere equaled
the number of other onlookers who
Waited in subfreezing weather,

ASSOCIATED PRESS

Indeed, the crowds — both the
A weeping relative of Gregory Resnover was comforted
+ See INMATE early yesterday after Resnover died in Indiana’s electric

Page 6, col. 3, this section chair. The family maintained vigil just inside the gates.

"camera rolling. But 70 minutes be- |~

: ’
|

From 8 a.m. to 4 p.m. Wednesday, |

|

: : ) isited with his family.
Inmate hoped + pages eiertaen — Hammerie, |

onica Foster and Rhonda Long-
f h Sharp — met with him until 10:30. |
or change |. Senin Ghllahen, an ordained tala: |
| ister who advises death-row a
Continued from Page One mates, was with him after sent =
correction spokeswoman Pam Pa
curious and the driven — that had{ son. his |
gathered for a man who didn’t want At some point during the robe ig
to die paled in comparison. with head and legs were shaved so e
those that assembled in 198] for a} — electrodes could be attached. ron |
man who did. Protesters marched. cepted a new set of prison io a
outside the prison starting at noon — shower shoes, a ty aarp
the day Steven Judy, who had denim shirt and jeans that ha pa :
waived his appeals, voluntarily slit up the legs to accommodate 3
marched to the electric chair; the i electrodes. oe
vigil for Resnover started eight | But he refused to take a - ow oe
hours later in the day. to order a last meal or to eat the Sat :
And in the end, a man convicted _ the prison prepared anyway —

. ° . : d gra-
of opening fire on police with a se- . chicken, mashed potatoes and gr
miautomatic weapon offered that r vy, brussels sprouts, salad wn
maybe his death would end the |’ French drgssidg, rolls and ice cre
death penalty. with peaches.

Resnover told one of his attor- Around 6 p.m., Resnover saa
neys, Robert Hammerle, who | moved from his cell to a gta
dressed in black to witness the ex- holding cell next to the death c ip
ecution, that perhaps “in his death. | ber. At 12:01 a.m. yesterday, gu a
— and in his death this way — there | | entered the cell; one of Lan ia
can be some meaning made of his: | | the death warrant aloud and as
life, that this whole barbaric process: |" | Resnover if he had any last-minu
can be put to an end.” =| requests or a statement. ae

But in his last and most sensa-.| | “I do not,” he was quoted as say
tional attempt to enhance that pos- | ing. “I made one to my attorney. 2
sibility, Resnover failed. He wanted | The hood‘ was placed over nl
to die with his face exposed anda | ° |

fore guards entered a holding cell to: |”
escort Resnover on his last walk.
the Indiana Supreme Court ruled.
that the execution would not be.
taped and that he would have to
wear the traditional black fabric | :
hood. Bag
A Department of Correction phy-
sician pronounced him dead at 12:13
a.m. CST. It took just one two-step |...
ut

application of electricity — 2,300 [.«:
volts for 10 seconds, then 500 volts |
for 20 seconds — a relief for tense
correction officials who oversaw the | ~
1985 electrocution of William Van- |''
diver that, for undetermined rea-
sons, took three such applications
over 17 minutes.

Resnover, 43, died three days |
short of the 14th anniversary of Sgt. |
Jack Ohrberg’s death as the officer |
tried to arrest Resnover for the mur-
der of a Brink’s guard four months |
earlier. While Resnover did not fire Bg:
the fatal shot at Ohrberg — accom- |’
plice Tommie Smith awaits the elec-
tric chair for doing so — Indiana
law allows participants in such an
action to be held equally culpable. |

(Y

egret

«RIDE aan ere
a eet Pai cei ome At Ege oe ae
iy apt id re

: oe z
everly Resnover (

Sey

Pa eee

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[28-54

sees

ew ee

By JOHN KRULL -
The Indianapolis News ie
: MICHIGAN CITY — As: the time for Gregory
7  Resnover’s execution in the electric ‘chair drew
near, three groups stood outside the Indiana State
Prison. _ : Z
. - One group included members of Amnesty Inter-
national, the Human Rights Coalition and other

.

Opsores

They chanted: “A life for a life. A life for a life.”

The third group was made up of members of
Resnover's family. They stood just inside the prison
Bate and, hands linked. prayed silently.

The chanting and the praying continued until

C spokesperson Pam
ison announces
snover's death.

“Groups trade venom a

organizations opposed to the death penalty. They -
‘chanted: “Not in our name. Not in our name.” >> *-
.‘: Another group was composed of off-duty police’ |
officers and other supporters of the death penalty. -

- brat se
ERE IE

Le Fe are c4

Rich Miller/The indianapolis News

in hat) prays with family and friends Wednesday night about 2 hours before his son's execution.

11th hour»

e oe {

t midnight execution

just before Pam Pattison, spokeswoman for the
Indiana Department of Correction. came to the gate
to announce that Resnover had died at 12:13 a.m.

While the death penalty opponents shouted. “It
was a lynching!” Pattison said Resnover, 43, had
been executed for murdering Indianapolis police
-Detective Jack Ohrberg. Ohrberg was killed Dec.
1}. 1980. while leading a raid to arrest Resnover
and others who had participated tn the robbery and
murder of an armored-car guard. :
‘Pattison’s announcement capped a tense night
outside the gates.

Demonstraters had gathered at the prison four
hours before the execution was scheduled to take
place.

ie re Oe ate

“ft hope to
God...
something
can be
made out.
of this.”’ ~

Robert Hammene,
Resnover's attomey

A hearse carrying
the body of Gregory
Resnover leaves the
State Prison at
Michigan City.

Resnover
made no
requests

(2-8-94
Nine witnesses view
execution of prisoner

By WELTON W. HARRIS Il
The Indianapolis News

MICHIGAN CITY, Ind. — As Gregory Res-
nover went to Indiana's electric chair today. he
displayed defiance with the only means at a
condemned man’s disposal.

He refused a last meal and shower. He chose
not to make any last requests. And he declined |
to make a last statement to prison officials.

“The official pronouncement of death was
made by the doctors in attendance at 12:13
a.m..” Pam Pattison told about 30 journalists
packed into a briefing room at the Indiana
State Prison. z

Pattison, spokeswoman for the Indiana De-

ae INSIDE |

@ About 200 people rally outside the governor's
home to protest capital punishment. Page A-2.
m@ Gregory Resnover's attorneys try to spare his
life on the grounds that death by electric chair is
cruel and unusual punishment. Page A-6. ;

partment of Correction. quoted Resnover as
saying: “I do not have a last statement. | made
one to my attorney.” : :

Pattison, speaking just two minutes after

- Resnover was pronounced dead. said, “He had

no last requests. and there was no indication _
there was a problem on the walk from the
holding area to the electric chair.” 4
Resnover. who was visited from 8 a.m. to 4
p.m. Wednesday by a dozen family members _ .
and his attorneys. took the 25 steps to the- . ©

_ electric chair without shackles, she added... :

Earlier, Resnover refused the traditional
shower and last meal, which consisted of deep-
fried chicken. whipped potatoes, giblet gravy.
Brussels sprouts, a lettuce salad with French |
dressing. buttered dinner rolls. cranberry :
sauce, ice cream. chilled peaches and coffee.

However. he did accept new prison clothes

: — a long-sleeved blue denim shirt and jeans

— and shower sandals.
Resnover, 43. was executed for the murder

‘of Sgt. Jack Ohrberg. an Indianapolis police

detective. When he was shot to death Dec. i],
1980. Ohrberg was trying to arrest Resnover
and several others involved in the robbery and
murder of an armored-car guard.

See @ SHOWDOWN A-2

See @ RESNOVER A-2

/2.-


Resnover'’s funeral

cloaked in sorrow

and condemnation |

Associated Press

INDIANAPOLIS — Gregory Res-
nover, remembered as a compas-
sionate friend by family and associ-
ates but vilified as a brutal murder-
er by others, was buried in a driving
snowstorm yesterday afternoon.

Resnover, 43, was executed early
Thursday for the December 1980
death of Indianapolis police Detec-
tive Sgt. Jack Ohrberg. Ohrberg was
shot dead when attempting to arrest
Resnover for the robbery and slay-
ing of a Brink’s security guard.

Prior to Resnover’s funeral and
burial. his attorney released Res-
nover’s final statement, in which he
apologized to the widow of the po-
lice detective whose murder led to
his execution. The statement also
harshly criticized the politicians
who failed to commute his death
sentence.

“To Mrs. Ohrberg, a woman of
great dignity, I am truly sorry for
the agony that you have endured
over the years. I hope that my death
in some way helps you heal,” Res-
nover said in the statement given to
attorney Robert Hammerile hours
before his execution last week.

Killing a police officer is a capital
crime in Indiana, and both Resnover
and Tommie J. Smith were sen-
tenced to death. Smith’s sentence is
still being appealed.

Resnover’ss attorneys had argued
that he did not fire the fatal shots,
and prosecutors agreed the bullets
that killed Ohrberg were not fired
from Resnover’s weapon.

“Everyone knows that the politi-

cal people who could stop. my ex-
ecution are atraid to act for fear of:
damaging their political careers,”
Resnover said in the statement. “As
to the crime for which I have been
put to death, I go to my grave an.
innocent man.

“I know as I look in the face of
the Creator that I did not know that .
it was the police firing into our.
home 14 years ago until after the ~
shooting had stopped.”

Hammerie, who fought bac tears
while reading the statement, said he
would continue to work to abolish
the death penalty in Indiana, calling:
it a flawed, racist institution.

He said that after Resnover re-
fused his last meal in prison, the-
Department of Corrections still of-.
fered him fried chicken — which
Hammerie called an example of i in-
stitutional racism.

“Fried chicken, fried chicken,” he:
said. “They thought that because
he’s an African American, for his
last meal they'd give him fried
chicken.”

Speaking at Resnover'’s funeral,
Hammerie said Resnover “did not
want his death to be an excuse to.
react rashly, or violently. He wanted
it to be a source of strength and in-
spiration for all of us.

Before the funeral, Hammerie ve--
hemently denied that anyone con-
nected with the Resnover case was
responsible for a gunshot fired into
the air near Gov. Evan Bayh’s resi~
dence Friday. Bayh had refused to
grant Resnover clemency.

Resnover was buried at Crown
Hill Cemetery in Indianapolis.

LouisyjwE CouRigem
JouRNas

Sun. DEC. I, 94

TMetetgerteces:


Resnover is executed in Indiana *

a

seine St

By NANCY ARMOUR
Associated Press

‘MICHIGAN CITY, Ind. = Gregory
Resnover, convicted of helping to
kill an Indianapolis police sergeant:

for role in police serge

~ cm

14 years ago, was executed early to-
day after his lawyers halted a last-

minute barrage of appeals to block

the electrocution.

Resnover became the 75th person
executed in the state — and only the
third sent to the electric chair at the
Indiana State Prison since the
U.S. Supreme Court reinstated capi-
tal punishment in 1976.

His family said he was at peace
and had held up well in the hours
leading up to the execution.

Resnover’s lawyers and family ar-
gued in unsuccessful appeals that
evidence showed the condemned
man — though armed with a rifle at
the time — was not the triggerman.

Prosecutors acknowledged that
but noted that state law made Res-
nover equally responsible because
he fired at police who were attempt-
ing to arrest him in the killing of an
armored-car guard.

About two hours before the
scheduled execution, members of
Resnover’s family held an impromp-
tu news conference outside the pris-
On and denounced the state, the
governor and the news media. They
said the execution would be vindic-
tive, politically expedient and racial-
ly motivated. Resnover is black.

“There are people doing this so
they can be elected to office,” said
Kevin Resnover, a cousin of the
condemned man.

Resnover, 43, was put to death for

Gregory Resnover, left, was
sentenced to death for the 1980
Slaying of Indianapolis police
Sgt. Jack Ohrberg, right.

his part in the December 1980 fatal
shooting of police Sgt. Jack Ohr-
berg, who was trying to arrest him.

Yesterday the U.S. Supreme
Court refused without comment to
grant an emergency stay. Appeals
had been pending in U.S. District
Court in Indianapolis and the 7th
U.S. Circuit Court of Appeals in
Chicago.

A special state court judge in In-
dianapolis also refused to block the
death. The ICLU had requested a
stay, claiming that using the electric
chair was cruel and unusual punish-
ment. Morgan Superior Judge G.
Thomas Gray said denied the stay,
saying electrocution does not vio-
late the Constitution.

Resnover’s father, Beverly Res-
nover, said he had held out no hope
that a court would issue a stay so
close to the scheduled execution.

“There’s no hope from the courts,
they definitely want to see him die.”

Amnesty International, a human-
rights organization, issued a world-
wide appeal urging people to call or

write Gov. Evan Bayh and ask him

ao‘.

to commute Resnover’s sentence. -
Bayh rejected Resnover’s appeal for oo

clemency on Monday.

Amnesty International, which op-
poses all capital punishment, was
concerned about errors in appellate
records that gave the Indiana Su-

‘
'
j

A

|
|

‘preme Court the impression that |

Resnover could have killed Ohr- |
berg, said Mike Heflin of the organ- 3

ization’s Chicago office.

Prosecutors have said the bullets
that killed Ohrberg were not fired
from Resnoverss gun. An accom-
plice, Tommie J. Smith, also was
convicted in Ohrberg’s death and
sentenced to die.

But in denying an appeal last Fri-
day, the Indiana Supreme Court
said clearing up misstatements in
the records would not change the
outcome of the case.

Beverly Resnover said he planned
to spend all of yesterday with his
son but would not watch the execu-
tion. “I’m going to tell him I love
him.”

Demonstrators gather

About 40 death-penalty oppo-
nents gathered outside the prison
last night. They unfurled a banner
that read “Stop the Death Penalty
— Amnesty International.”

Among the protesters was Wil-
liam Pelke, grandson of Ruth Pelke,
an 85-year-old Gary woman who
was stabbed more than 30 times in
May 1985 by Paula Cooper.

Cooper, 15 at the time, was con-

victed of murder and was first sen-
tenced to death. Her sentence was |

commuted to 60 years in the Indi-
ana Women’s Prison. “I can under-
stand the pain,” William Pelke said.
“There is a healing that needs to
take place, and an execution has
nothing to do with healing.”


\

i2-6-A‘* Coucrier~ JGuTna)

Bayh rules out clemency;
execution is on schedule

~The Indianapolis Bureau

- INDIANAPOLIS — Gov. Evan
Bayh denied clemency to Gregory
Resnover yesterday, paving the way

_ for his execution early Thursday.
Asked if there was a chance of
‘stopping the electrocution, one of
‘ Resnover’s lawyers, Michael Suther-
lin, said: “Realistically, I'd say no. I

think it’s gone.”

* _Resnover, 43, was convicted in

- 1981 of murder and conspiracy to
‘commit murder for the December

1980 death of Indianapolis Detective

Sgt. Jack Ohrberg. Resnover would

‘be the first person in 33 years to be
~ executed against his will in Indiana.
’ The most significant factors in his
decision, Bayh said, were that Res-
mover was convicted of murdering a
“police officer who was trying_to
serve a warrant on Resnover in con-
nection with the robbery and mur-

der of Brink’s guard William Sieg
four months earlier.

“Gregory Resnover has been con-
victed of murder not once, but
twice,” Bayh said at a news confer-
ence. And in a written statement, he
said that clemency may be warrant-
ed when a criminal exhibits extraor-
dinary courage or kindness but, “on
the contrary, (Resnover) had a
lengthy record. of criminal miscon-
duct before he murdered both Wil-
liam Sieg and Officer Ohrberg, and
he has had numerous infractions
while incarcerated.”

Bayh rejected the contention by
some that Resnover is on death row
because he is black. That claim, he
said, ignores the fact that Attorney
General Pam Carter, who repre-
sents the prosecution in criminal
appeals, and Indiana Clemency
Board Chairman Joseph Smith also
are African Americans.


\om

JS

wd

t

YSRIINO

ASSOCIATED PRESS

Famity members and supporters of Gregory Resnover embraced and held a prayer vigil last night
outside the Indiana State Prison in Michigan City a few hours before his scheduled execution.


286 THE AMERICAN JOURNAL OF LEGAL HISTOR

his grist imil on Coal Creek at Hillsboro were raised Hiv ot
twelve men went over the land and reported that to raiss te dam
two feet above the low Water level would cause damage (4 small
piece of land for which Sl. was awarded. They also gave their
opinion that “fish of passage or ordinary navigation will not be
obstructed and in their opinion the health of the neighbors will not
be annoyed by the Stagnation or overflow of the waters.” 9 Was this
concern about ecology and pollution ?
The gravest of all crimes. murder, arouses the greatest inter-

est whether in a fictional “who-done-it™ or in accounts of actual
cases. The early Fountain County Circuit Court had such a case.
In the record appears an indictment for murder by the grand jury.
In part, it charges that John Richardson, “not having the fear of
God before his eyes but being moved and seduced by the investiga-
tion of the devil,” did. on February 21, 1830, murder his wife Char-
lotte “with a certain axe to the value of $2.00.” (The weapon was
described later as “a certain large stick of no value.”)!® On March
25, 1830. John Richardson appeared in court and a plea of not
guilty was entered by his attorney. The next day John’s father ap-
peared in court, stated that he believed his son to have been insane
at times since May 1829. and asked that four witnesses. whom he
named, be called in Support of the allegation. Since one of the wit-
nesses was absent. “downriver on an Orleans boat”!!! and

another was too ill to testify, the case was continued until the fall

court term and the accused was ordered held in jail. When the

sheriff stated that the local Jail was not in safe condition to hold

the prisoner, the court ordered him held in the Vigo County jail at
Terre Haute. On September 28. 1830. a trial jury was convened
and the next day John Richardson was adjudged guilty. An appeal
by counsel for a new trial was denied. The sentence Was that on

the twelfth day of next November and that upon that day be-
tween the hours of twelve and two the Sheriff of said County
shall take the said John Richardson from thence to the place
of public execution and there hang him by the neck until he
be dead! dead! dead!” 2

J. W. Whicker. an early Attica, Indiana. newspaper editor,
Says of this trial:

Lucas Nebeker, in this [Richardson's] trial gave, orally, a dis-
senting opinion on the theory that Richardson was insane and
9. FCCC, op. cit. SUPTd. note 3,

iO. FCCC. op. cir. supra. note 3

11. FCCC. op. cit supra. note 3.

IZ. FCCC, op. cit supra. note 3.

a a ee cecal alts iy th that aig TENE

1 mrto4 C~
1971 4 PIONEER INDIANA COUNTY CIRCUIT COUR1 38
es le he act ce
or account ot His insanltv Was not responsible tor Obs E rk
mitted. This 1s perhaps the first ume that this de _ 2 as
ever raised by anvone on any occasion il: a trial for murder.

That Mr. Whicker may well-have been correct in his veers
ica 0 tract fre lope aia
tion is indicated bv the tollowing extract from the Encyclo)
Britannica: | _
i ase McNagn-
But it is the rules announced in the famous case of pelea
ten (10CL. and Fin. 200) which constitute unquestionably tn

> subject of criminal re
most important pronouncement on the subject . ‘ies ret
sponsibility in the Anglo-American law. Though tormu tet
: ‘ : . *, ~7 3 =) > aM = ‘eo ‘1 r Pr)
in 1843 the MieNaghten rules still provide the basis sila
Padaun law in most: English-speakin‘ yer sot
: ar delusion that he was ing
ie en te os wee aaa killed Peel's secretary
: en 3 rt eer, S é ar
ersecuted by Sir Robert Pee e oe A
Fdward Drummond. believing him to be. Sir Epbert’ ae
ras brought to trial on charge of mur Was
Naghten was broug te Ht ed Gee
acquitted by a verdict of not guilty on g
sanity.'+ |
ichar ‘as hanged
In spite of Judge Nebeker’s plea. John Richardson was hang
Beckwith writes | 7
and so on the 12th day of November 1830. John ea pe n
a . > © “oC ~ » 1E a!
expiated his supposed crime “por the ee aay a a
é ‘her Crawfordsville road. lec g J
the place where the . Sede ake
seS iana, Bloomington ar ‘
gton, crosses the Indiana, ron Bae sete
track It has been said that associate judge piperenl
W a in favor of granting a new trial in the cause but the rec
ae > > 7
i “yor FF
ord does not disclose the fact.'°

av

Excerpt from THE AMERICAN JOURNAL OF LEGAL HISTORY, VObs 31)
Number h, 1971: "A Pioneer Indiana County Circuit C ourt,

=e thes of the Wabash Vatie:
id. J. Wesley Whicker. Historical Sketches of tive abe
ae 2 \
AIQTE. p 147 itor.
V Ein ] y 9 383 (1963)
i4. Encyclopedia Brtannica, vol. 12 p. “
15. Beckwith. op. cir. supra, note 1, at p. 6

this deetastte is H. W. Beckwith, HISTORY OF FOUNTAIN COUNTY,

NOS@Y VHOTY

9 4e pesuey Suuop §

SUTAC

*u04

“O€gT SZT tequeaoy uo Seuetpuy

MS Hhiseh aur rte
(0 . CIndiana |
‘a (4 CRinkavd J
South Marion was the scene of an! company, “sa his mother at fone bora
Be Sunday, He ts qttoicd ae savir?

ay tul murder to-day,
At about 10:30 o'clock this morn:

the

Lon,
of them must die,
up a home for his mother,
nueht live with him,

John Rinkler stepped to,

Lue,

kitchen window the home of Len

2104 South Gallatin sereet.|

Peeler,
where his wife was ironing, and fired

ashotat her. Seeing that she did not

fall, he ran imoat the back door, grab-

bed her by the throat, and the two
struggled into the entrance to the bed
where & second shot took ef-
fect, passing through her heart. She
fel dead on the bed. Ele then put
bullet into his left eve, and fell across
Sevan shots were fired alte-

room,
a

her body,

beady. Seven shots were fired alto-

ther, only three, how CVer, taking: ef.
fect. No one was in the house at the
tine the tragedy occurred, except the
Mr.
Who was confined in the froit room, a
Ile
shooting except the second shot, which
killed Mrs, Rinker. Mr. Peeler’s dit-
tle girl, Elen, vard
at the time, and saw
went ta the window and tired the first

She and her little sister ran

erghicen-vear-old son -of Peeler,

beloless invalid. saw none of the

Wis in the back
Rinker when he

shot,
sereamung from the yard,

(he first manon the scene was Del-
bert) “Purner, at third
house south of Peeler’s, and who ran
ite on hearing the
shot

who lives the
Peeler home,
He found bath Rinker
le had first
of
roomy, and while he was doing ‘this,

to
and hits
Wite Tying on the bed.

taken Ray Peeler out the front

he heard the last shot fired, which was
undoubtedly the shat that entered
Rinker’s drain.

The police were called and Diggs &

Fitzgerald's. ambutance went to the
stene.s Phew found the mye lwing in
/pogls of bleod. Rinker was especial-

ly a revolting sight. His whole head

WAS One Miges OF Tibet syed fey Yen

that he did not dare to come to } M are

Transit company say that Rinker iba 4

for if he and his father inet, one @

mised bey {i yg

lle fits
that elegy

The street car men on the Marion te

sxcen acting peculiar for several days.

maneapepeuempanientn wea sft
TT te hes Depr ding ou thi au art
past Peeler'y’ bowie: seve ralotles 9
ty Ay, and’ When he passed the i, yee we
would lay dows on the cept. hfs

morning he. took the first ear north
from his home, Thirty-fifth and Seth

street, and went as far as Mhirtheth

street. He got off here, and. ton! the
next car north, and got off above
Peeler's > house, hie was seen oti

south just shortly before the tragedy,

and it is believed that he wis they
Watching for an opportunity te eon.
mit the friehtful deed.

It is said’ that Rinker key his

brother-in-law, Mr. Peel: r werd not
allow him in’ the yard, and conce
quently he was so eareful to ayeil be
ing seen, It is stated that when Mr,
Peeler arrived home — this tig
shortly after the deed was eure ted.
he could scarcely be restraine! fron
attacking the wounded man as fy hay
on the floor, his anger was eo preat,
Is ‘some. that Rinkey tras
been drinking heavily for tw 45

Its cettain that his actions hay.) r

1)!

is

said by

somewhat peculiar, but it could bed.
Iy be said that he was insane

Rinker used two revolvers, pie 9
seven barrel 3& caliber, and the coher

ative barrel 32.° He had evbdenrt
been prepared to meet an;

that he might encounter.

Chere are two sons of Mr. and \tes,

Rinker, living, The one, WUE

is

thirty-two,

fo. P K 4 j

4 gy le ag BR

iat miter short

Fhysictans State Th
Ot fuletda W

that John Rinker

Over fron the
‘hing. Clow,
dthe tinct tha:

Ped the rte lit temp!

Hitt eve, where
mf passing the

tirst exauined. t
4 not seen,


ts

VTA
went ta the window and tired the first
shot, She and her little sister ran

sereamung: trom the yard, ;

Vhe first man on the scene was Del-
bert Turner. whe lives at the third
house south of Pecler’s, and who ran
the

shot,

Peeler home, on hearing the
ane both
lying ber,

‘ ayurt

to
Rinker and his
He
of
was doing this,

found

wife mi the had first

taken Rav Peeler the front

anid while he

he heard}

CeO:

ie fast shot fired, which was

undeubtedlys. the shot that entered
Rinker’s brain.
hr })! lice were called and Dives &

litzgerald’ so ambubanee went to the

thy
Rinker

seeme. Tey found ‘wo dving tn

pools of bleod, Was especial-
Ths whole head

Was one mass of blood,

Iv a revolting. sight.

and hits feat-
ures were distorted.

\t_ 11:30 o'clock the body of Mrs,
Rinker was taken to Diggs & Fitz-
yerald’s morgue. Mr. Rinker was tak-
en to the city hospital at 11230 o'elock,
and he ts still alive, although all the
physicians agree that he cannot pos-
The “bullet passed
through his brain,

sthly recover.
It is stated that Rinker-and his wife
have been shaving trouble for many

years. His wife's people claim that

he was of a quarrelsome disposition,

and about two weeks ago she left him
and began living with her brother, Mr.
Lem Peeler. Their’ son, W ill, who is
in the employ of the Standard Oil

ao

age. eould not be learned,

a
seen,

Py eler

itis stated that whe;
arrived home — this

Wiv

‘
MOC Ng

he could scarcely be restrained from
attacking the wounded man as hv lay
Is is said by some that Rinker tas
been drinking heavily for tw yrecks
It is cettain that his actions haye heen
somewhat peculiar, but it could! hard-
tly be said that he was insane,

+ Rinker used two revolvers, one a
seven barrel 38 caliber, and the ovler
ative barrel 32. He

had evi h

#

that he might’ encounter,

Uhere are two sons of Mr. and Alys.
Rinker, living, Will,
thirty-two, is working in the off fold
for the Standard Oi} company, and this
exact whereabouts are not known, Phe
other, Sanuel, 18, is working in the
Marion Brick W orks, One could
scarcely imagine a more pathetic
scene than thatowhich occurred wher
Samuel came home at noon,
met by his aunt, Mrs. Peeler,
told him that his mother was dend and
his father dying. © The grief of the
young man was beyond the powder of
words to deseribe Another son, Ed.
ward, aged twenty, was buried atest
four weeks ago,

The one, ared

He W ba

who

Mr, Rinker has no relatives Heine
in this city, his nearest relatives Hy.
ing somewhere in the east, His ehiact
Pigat

Lat {
et WER

Nir.

Shortly after the deed was committed,

on the floor, his anger was so preaty

been prepared to meet any Spposithoa df.

Not passing throu
fire! examined, th:
Was not seen, and
the bullet: had pa
braln, in which ¢:

have been impossi!


et 3 ete © ; d
t he - 4 ors
} .
$ ro Se i
> Na ‘ v4 ;
1 \y t is ts hey i
% A
% Vf
e
,
t ,
oF , I
t ’
" ‘j
\; 7
am } i
i! # f
a , ‘
ye , : 4 ¥ fy eae f
A i ; , m
J a ,
: :
i 4 1 mw’ < bs
i i i i ¥
i] re i fal y reer enroncorer merase
‘ ne
¥

ae be so eae Sv vee eg . Be fty years, He has always beet
ty hast cao We eee eee engaged in selling produce while bei
cute i ‘ sy [ b ; but was a farmer previously.
a Se ee i | riieabad Mrs. Rinker was fifty years of age
.. Rate a Meeonly a few days ago, She was bovit
asa | i Ry MERE: insKnox county, O. The aly BONES
ae er are AY OA Ties ty : cpa iy sm & to Dunkirk, Hardin county, ‘in 1862.
AP eet. ny aM i i feet ee There she married. Rinker in 186

pie tides iat Rhona ) is I They moved R Vath: bares: ti Lint,
BS oat Mamet SW Pike tutiatemsa) thou to Retreat. Indy and SEVEN Ve
De gern | aca ee ago to this. city. She has four. broth

: DARREL Ce eae ee ia i ers living, Lem, a carpenter, at whose
“ ! Esdras en at ae art 1 PoE Ma home the tragedy occurred; Frank, :
Bs Ae si | os ae blacksmith , wha lives just three doors

j es oe i ee ; Ae south of Lenry Del) ae carpenter living ii
| aot . ! in Uasiaes and Mont, who lives at) peor
hie SRV ES Fae Ta ka) Dunkirk. "Her mother has beet |"
a ) 7 Hatt tela ta @ dead only a hen time, the funeral oc
: Hea ia MW curring at Dunkirk, O., May 30.
9 iy Nuacht Garman ae fe aus tie | B® Mrs, Rinker was. spoken | of by

fae man. Much "erases was express!
3 for the two children this morning by

. fie 2d Fe * ee eats all who knew the family, and unfeign
; A oewy «cl sorrow over Mrs. | Rinker’s death

fe ic aw se cin A Se ety 1h tae hoe h On the. contrary, many hard words

; ae ee a ; m4 | were spoken of the murderer: Her

ee pe A ae ceived little or no sympathy ine an
Beh ae Pee one. The tragedy created a gre

ae ih: ahs Le a a _ | sation on the south side, iad

crowd was gathere ed at the seen:

the murde ft. ‘shortly ‘after it accurred,
me Et te erent Posner

BU a a Pits eh ees poeta a eee Ses

a “ned ey 3 f : ‘ "
¢ if ; o >
i 4 fi |
4 ‘i 4
, 4 * " aa, P , H i ‘

wren
~~
mg p
a
———
oe

a ee Te Sen oy res > » eeliedels tie ud. aaiin aed EE io Gee eee

IS, 190L, MONDAY, oa) ?

.
we OS te EY THA OY Sn ee ee) ee oe er Td ee ee oe ee ) eed

PAR , it} * | ‘fe Air r Tee Ra, Pe COPORDES . in 7 % if f 3
i Ee Hd foe ey pcommit Coda, Phe att mM ; t ist ji; i i
| y wul ¢ Ih iy , that It would: bo Lrg peed } " 4 p iB)
casas who had nlwayva Hyed to Ht: +3 *
; . hand who had showed alt.
Thee sy ihe, Te Nee | his famlly and fellow-L» ' |
N het : o imit such An anch withoyt - 1a i
Photiwdeay Impressive opeech Of inaking seb sa Cunaoind intod | Lavi
e next spoke of the nutuecrons ened]
Pies ts Prosecutor Murphy. | wnera age of insanity were ontored |
bow.) ty} when there was no anenttes Pothed
ey ce Bos us ee gullt of the acenzed; and ooo qilens |
ow hye ; : 'were only ‘entered ar a tt opt |
S's POWERFULARGUMENT {im Attomey Sioriis's wir 9 he
betgein 23 niin stated that. the defendant Le hyn
ee ae iming Insanity, To this remorh the at-
| ues easter i torneys for the defence oblectod and
3 = | ' Judge Shively, after rome deliberation

The Battle of -the Attorneys in the ‘sustained the objection. if
. i ee | . -  LRUOY PPENTH
Rinkard Trial lg Raging at Its ik

Height at Wabash,

2 BS 67 it

Wistbash

Sunday enjoying a rest and re.

’ ti
' Piss EA froma tChefr duties of the pre-
Supe reli Wee T Jadge Shivelew trad
PAY ‘ar om them permbaton to attend divine |
‘ Perythert Wiad Oeste 1) if thevowe deatred Dutofier qde-« ;
ce PAR omens Hyer setves they deeded

hol they “aid: mot care to make theme
t eer pat fut n are y ful} vf

heed : ‘ +
fa r sche ee hab te. YP geg evperertdtpetendt Hine thie. é
+e ‘ aoe i } “
|

Vitor partaking of aturkey- dinner ot
restanrent thee speme tvo hours! +
me are OF PMT Milo Alwer enjoying

; A Wok to the city oeaeineters ane ator

; *", wink i to £44
Woon ern Saree oF the chy Ob tion
N¢ ‘ H i T
OV A 5 Ovebtor ipa the entire cottrt bause wos

nA n baa Opeth. bo thernd Arvd thre NDOT oY
e/} Or. ;
{ct rVerrerreserts fh) looleiny ver. Che ole
Poop tye The. efevatfon oof the oawet
Navn; vithdows. They have bept cure-
ta mbetsin from all eorversatioas
momt the trial iteelf ainand themeaclyos
Manitt. Avge statins that molaree pirt 4

RF
ee
=

“ot the thee they hate diveuseed farm

Hoatane ef thent havirrs enpise

oretipation,


, Prhath ee NEO | he Tot eRe
for the defence und tha first eperth
before the jury st today'@ seasion of
court. The fret hour of tty arreument
he devoted to reading authority: deftin-
ing the several des

the penalty for: each: defining Insanity
and defense in criminal trials: defin-
‘ing reasonable doubt, which he especl-

meme eilic |

every
Bely to
found
Miller

ht had
e reir
wel oc-
da ivesti-

Joawors

Win-
mae 17,
WOrK
harice
OU
given

* nen,
ia td the
i Over

is

gWwept |

ally emphasized, and dilated upon as
et. being applieable

vy. Juror: the presunption.
that follows the or
the-trial After

ered

C mnleting the rod.

Apy ing of authority Mr, Petereon reviewed ’

Gace ne igs NR i a uid the evidence and rebiutied Mr, Dentler's | J
Attorneys Take Plenty Of but arguments, Tle made a personal ap-
: j : he peal to tne Jurors, ark ing them if they,
Time for Rinkard. sh- in their right mind could have bhaa
: his @ like deed. Tle took the theory ad-
the Vaneod by the state. af brutality, as ad-

nission of insanity, as the Instinete of
the brute are not theee of a hang man,
He diluted> upon the eubiilssiveness
;.0f the murdered
Inek ok any motive
deed and as proot of insanity, In re-
Viewing the testImony of the w itnersed
for the Mr, Petersoty admitted:
telliag of the erlmea,

PETERSON'S APPEAL. |

i The Defense Relies “Solely “Upon Cre
| ating a Doubt as to the Pris.”

state

|
&

Iemen | ot the truth of those
the | : oner’s Sanity. : mt but only considerci] those bearing upon
fur. ci ig the sanity ef the defendant. Ts effort

Was devoted entirely to raising a reas

sbrkhie douly

le dene ne meme min, D
. me
i Speelal Correspondence to the Chronicla

Wabash, Ind., Feb. 16.—An eagerness | AD LEAD SINKARD TRIAL
to hear the arguments of (he attorneys” ., . At TT o'clock Atorney Otto Go Allen |
‘In the Rinkard trial Drought an @x-# in Desan his address for the defense, Che |
ceodingly large number of interested 1,:. first testimony given that he consid.
auditors to the Wabash cireult court m),. cred showad that the defendant was
room today. There was n large per- of unsound mind wera the testtmony
‘centace of the audience ladies, as there jf of one of the witnesses who stated tbat
have been throughout the trial, They Rinkard lind Knocked his wife down
fare taking as keen an Interest in the n» Within two years after they were mar-
inlal as their husbands. Wabash was’ He \ ried.
the scene of a hanging tn its early He then spokr of Me Ineldent when
history, when the Hubbard family was th: ' lefondant —wakseen—ta HEE EA— ENO.
convietéed of murder in the. first de- trolley pole on the pudite square fn
uae: URte being the only Iie erkime, eo Stariongand of the numeroua tle. tie
and fis history has been repeatedly ine Was seen walking through the streets
reluted daring the ttme of this trial, and muttering to himeett. Other such

There is no time limit on olther side actions that were stated by the wit. |
and the arguments will this be as B nesses were referred ty by Air, Allen
long as ench attorney cares to make, and hee endeavored fo convinee the
and Aho evidence will'thus be thors fe Jury that these actions were siti land
‘oudily vone.over, The case will not go by aman of unsound nind. In addres
to the fury befare Monday evening at Ing the jury he stated that the itor

neyvs for.the defenke did not desire or
usk thet they sie {he prisoner loose
upen the communis. but they did not
think that indeement shanld be parsed
upon

the enarilest, according to the attorneys.
The charge of Judge Shively i expect-
cd te be comp sistance eis quite im-
Pportant,

He ge ee

oe oe
}
FERS,

rees of murder, with By

Wonnh at proat of x7
whatever-for- the+

to the sanity of thet
defendant at the thie of the shooting}

i

aot only to the jury Bae.
as a whole, but wpon eaeh tne lividual |
ef innocence | hi
throughout |p


‘
ala al
Cloe ‘

cone court a Ajourned,

po a ; i fin al Af to
ONtLiNtied } saddress. which

‘d elminst
Mes upon the ¢

MY

HBS SHER RE

Rove tn) ne

nt to bie
_ brain fron
§ Tho in aictin 18 |
of murder a he
: lert after wirich a statute idk
ich of th death engalty, Tho de-
Prrmdant entered a ple a Os not gy aie :
which was read, ana Which shows thet |
tho state must prave ¢ in points In thol!
; tae cs A 8!I a : ‘plea - was alad | :

o oF

ot he) haintetd @., Mr. Dentler then eae]
tered Into the details of the erlme and
Pspoke of the manner In which Rinkard
had aioe ona the house inst prevt-
ous to firing He. fatal shots at. his
; wite-—-This ~ he- aimed-showed  pre=
meditat! lon and : cesitea to slay Kir
ahd He stated that this premeditat.
manner Wels ane font toa prave that
Ttinkard fully realized whet ho was do-

a 4

Py

how

£o¢
\

Tag and knew Sia thie eonsoaquences
| ould be, “Every person is pres dmred |
{o. be sane by the law, continued Mr,
Yentlor,. “and thet nrostmption cone |
tInues until evidence shows. otherwise,
iif Rinkard had not been of sound mind)
fhow waa it possible for him to know
that the first shot fired aid not kill his!
eis? After firlug the firat shot Ri in- |
mard pursued his wife and. fired thre:
whigt tb —tato her. hae gs An. AN. - ado ining
Otay, ~

nir  Dentlor

Me stand i

jthe Taet that thr

lin iasligns whys

that most ef the

were due te ae bie

comimnitted In

ed plaecs,
‘to show.

fndte

Vea kniess”
,

nsfbllity;

7

link in the chofh

cinred with jf
haha turned
yne and
fury to do,
oth Ore that
me pre
by oop
comm)! te
inishiment ar
ath at hia own
tat nimaat a QO
i nddres Aor ee
‘olock thin mio

i Motive far (he eriaie


five

tit

aeertih Ae

ie

SSB
5

John Wet

\

, #peakine f
Me poatntadaed
Vous Tot tevtie to turn dabn
eo hety, "Dy
id tin teat?
Vfe}}
Heaatpece eon
hove $1)
that we have te tha des clefere

ad, when he dflled
ber cfich WUE Pere qyen
}

reaqconalys

Vane
ind

stint

tee
he
He
{o> oot

EET) 2

Into
ter trintel

ae

Vo don't

”
\¢
t.
Hettrd wife
Ailindt. ty
ttet tert thane

ir that

Vs Torre nas ve

hie af
tl} rsvp {

bid Offord to nwear’
prarecy OR RY YE oe it ert
78 ee gs L Wiad tbs Qt etary

nvinced the twelfth wilh eomnilti
Who omtre ge Hohe peralt himepelf! ta he
‘

ees Throughont his speech he

md Ape

tit Wwe Wa? ert egal

Ve

Saree 1) oP iy

'
KE OO

» dowbt as a bia.

>

Your

r

ryt

aft}

wont

redmagy

c

| {us

The Y}

Pesyre ately ured “rensonahle donb’ tiie

mn }

Yaqe
VOLTS

{ you send this man to Pel!
upon the evidence you havet” THe pe. |
Sens \ Ge ar
Nooo A-closed WIth a ethome personel oy
After a brie? recesa Preseci .

cepend, !

Py
ha

fatned flest that the queetlon Add persed
the defense to the fury, “Do you

Ino your right mind you contd

ba

fate than to ask If they could be-
beastly drunk. He spoke -yes
Memontty for almost an hour, asserting |
Phat chodsing the daylight aga thie to!
eommniit the murder was inot proof of
Ireanity tut the resent of a knowledge |
That ail the family exeept the children |
and that then, afraid te
ot the executioner or perhaps a mob ,
relatives, mont enn
he could do was to attempt sue |
Mr Murphy then referred to the
lay Ty anehingr,

Mo coneladed by deaerthing with (rive
rloquenes the brutality shown to the
eens, to the wife and-to her sick moth:
errand aa de deserfbed them the court
roany SOORtHE that the rosttlog of |
\ seunded with tarp distinetion, .
Daiting the close of Kim speech several
Wiped ther Two of thie
PB and

eheogyraes

ra Rwy

Me Webb ones the

an oi

Wik

paeney
paddies AVES,
Showed Mistinet emotion
standing fo-their eves at the

P
preva

Ware

The

the testimony earefully unttl paged

he

ma Attorney Josenh W. Murphy resuim- | trawl
td his speech vot Saturday. Le mat. mo

W,

d

wevlbim
for thre
nanerd

krrew thre

OVP
: a
HO
a
Yaduaocdt
the care

at) ocebjaourrime
rpc hovy i

Phe

defense

in)

Saturn

SPorptiy,

Vye thy qscoeyy gry
ffret fori

who had

Integrity

nit

{

WIOny,

feetors on
mredituted
trae,
Pastas
of the atote on
finited savin
rt thre

tt
howe:
In

statenies

‘ma onveanes barowlyfeh tt
‘

was (neorrect
the Dexst-anaie
fenant wae

this fife of ft
which: wan ¢!

if
VAT ee pave de Ete
milidedle
edthiet
Nita pot
the defondane
(lfirttonm for the
We rev deswodd thy
ror nethone
“unbalanced

i Hey
py itet
{Vryel

f yy.

ren ronakle
Pe feppretoy
two

ii)

AM
+ he Leo tpt
Kftnbett,

reornyadys

|
who
are wor
cledwe nf
Moocloek and
trket ounthh of

“y Stir

nt

nf Cl tes
I ont TO oefaeck
nffor hours
rreuntents for the

a)

PV eas ore

! ria

the

{ teatt-
that the threes
fos ote we pre
Wee nt sanite:
detmoof proof of

© pypotend
Murphy corm

Poternon' a!

Qiyel,

Decatur fol

Gf
Cn roe

Alten for the |