CULVER BANDIT CASE TO REACH JURY THURSDAY 1921

CULVER BANDIT CASE TO REACH JURY THURSDAY

DEFENSE PUTS BUT ONE MAN ON THE WITNESS STANDJOE BYERS OF KNOX DENIES FIRING SHOT

DAY GIVEN TO ARGUMENT

Many Culver Citizens Called To Testify in Case Now Famous Throughout Nation

(Special to Pharos Tribune) WARSAW, Ind., May 18. -- This afternoon the argument in the Cutver bandit murder case began.

The testimony in the case ended this morning.

The only witness placed on the stand by the defense was Joe Byers of Knox, Indiana. He admitted complicity in a saloon robbery in Chicago, a year ago. He denied firing a shot in the Culver eplsode.

The case is expected to reach the jury sometime tomorrow.

On Moody afternoon Sheriff Elmer Green, Waukegan, Illinols, took the stand positively, identified each of the four prisoners. They were arrested in Waukegan September 9. 1919, on a charge of robbery.

Andro Pusin. North Chicago clothier and saloon keeper, was also on the stand and identified the men, Later it was learned that they held up his saloon on October 25, 1920, and secured about $2.500.

Dr. Howard O. Shaffer, physician and surgeon of Rochester, Ind., who attended the wounded man on the afternon of December 29, after he bad been taken to the Culver Milliary academy hospital, was called to the witness stand. When he examined the wounded man he found him to be paralyzed from the shoulders down. Hé was suffering from two wounds, one in the cheek and the other in the neck. He stated that the bullet which entered the cheek had apparently been fired from above or while Mr. Salne was in a falling position. It entered and left the cheek within a distance of an inch or so. The bullet which entered the neck was the one which caused the death of the Culver merchant, the witness told the court. This shot took a downward and backward course. After entering the neck, the ball passed through the fourth and Afth vertebrae and shattered the sixth. The spinal chord was severed by the shot, The pbysician said he cleaned the wound but did not hold an operation "his condition was hopeless and operation would bave killed him." The physician told the court that after the bullet had entered the body it took a 25 to 30 degree course backward and about a 45 degree course downward, the ball lodging about an inch and a half from the sixth vertebrae.

Dr. C. L. Stonaker, of Culver; was the next witness calied to the stand. His testimony vas identical with that of Dr. Shaffer. He told the court that Mr. Saine died on January 22nd.

Charles Pettis, Cuiver barber, on the stand declared Saine fired two shots at the man in the back seat of the automobile as it was leaving the bank. At the time he had only two shells for his shotgun. After firing the shots he ran to get more shells and when he returned the bandits had fled from the scene. He was emphatic in his statement that only three shots were fired from the car of the bandits as it sped away.

Carl Adams, teller of the Cutver bank, told of the entry of the robbers, It was Adams who later captured Burns. He said after the bandits had left the bank he grabbed a revolver from one of the drawers in tho bank and gave chase. When he caught sight of the fleeing robbers they were a block to the north of him. He fired four shots, at a distance of one block, then saw. Burns throw away his gun and hold up his hands in surrender, Adams said he rusbed up to Burns and stuck his gun in his face. Burns began to beg off, said the witness, saying: "I didn't hurt you. 'Red'!" Adams found all of the money taken from the bank on the person of Burns.

With the state near the completion of its evidence a web is being tightly drawn about the four bandits. Witness after witness has been examined, each telling practically the same story.

On Tuesday scores of Culver citizens were examined and testified concerning the shooting of Russell Saine, the robbery of the bank and the ultimate capture of the men.

One of the most dramatic incidents of the trial came when Lieut. Arthur Hutchison, aerial engineer of the Culver academy, related his capture of Burns. Hutchison, in His naval aviation engineer uniform, related how he had armed himselft with a shotgun and pursued Burns and his gang for several blocks.

I told him to halt several times and with his arms above his head he advanced toward me. I again told him to halt and that I would blow his head off if he did not stop. He still continued to advance closer and I pulled the trigger. The gun failed to explode. There was no shell in the chamber. "'For God's sake don't shoot me; I didn't kill that man," Hutchison quoted Burns as pleading. The lieutenant talked slowly and deliberately.

He then pointed out Burns as the man he captured, and related how he continued the pursuit of the other bandits until out of breath. During the day three revolvers, one of which had three loaded shells in it, and which were procured by the Culver citizens when thrown away by the bandits, Were introduced as evidence. They were 32 and 38 calibre revolvers, one a blue steel Ivers Johnson and the other two long nickel-plated barrels of a different make.

Many Culver people, all of them bitter against the youths charged with murdering one of their leading citizeng and seriously wounding another, are in attendance at the trial.

"We ought never to have captured them; we ought to have shot them," said one Culver man who took part in the fight. "I helped prevent the crowd from beating Burns to death after they had him down in the street and were kicking and beating him and threatening to lynch him. I'm almost sorry I stopped them. Jacob Saine was a fine man. He was giving them a chance without shooting."

Earl Wilt, the Culver Bank bandit, who escaped, was evidently an expert pistol marksman and quick as a flash on the draw. It is believed his first bullet struck Saine standing about 60 feet: distant. He was traced almost to. Chicago, then his trail lost.

Bert Rector, Culver druggist, in an interview, told how seven Culver citizens in a powerful car and armed with high-powered rifles, followed Wilt through Knox, saw that Joe Beyerg was captured then took up the trail of Wilt. Wilt drove a fast Marmon car. In the snow-covered road they traced him for miles and miles, saw where he had turned corners and skidded at each turn, showing the extreme speed at which was traveling. Each time they inquired whether the man had passed that point, they were told that they were only a short distance behind. Near the outskirts of Chicago they lost the trail.

An operative of the Bankers' Protective ssociation claims that Burns and his gang had operated in the vicinity of Lake Maxinkuckee for a considerable time before attempting the robbery. Burns admitted to the cashier of the Culver bank that he had beet in the bank about two weeks before the robbery in order to get a twenty dollar bill changed.

Two plain clothes men arrived in this city Tuesday from Chicago, and will probably testify against the men. It is said that some time Burns was arrested in ago Chicago for stealing merchandise from a car. He beat the case and then started replevin proceedings to recover the goods which had been confiscated.

They further stated that Burns is one of the most cold-blooded men they have ever known and could easily shoot a man down and then laugh about his crime.

Burns is an exceptional athlete and since being in jail here has turned many flip-flops while standing on the floor of his cell. It is said that he can walk almost as far on his bands as he can on his feet.

Since in jail and while on trial he has appeared to be of a jovial disposition.

The Pharos-Tribune Logansport, Indiana Wed, May 18, 1921 Page 2