Tales from the Morgue: A murder at Pastime Park, 5

NO IMMUNITY FOR ART NELSON, ALIBI BROKEN
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Advisor of Loebs' Slayers Promised Own Statement Would Not Be Used Against Him; Scheppke's Version of the Promise
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The fate of Art Nelson, former patrolman, confidante of the "Apache" band of Tucson, headed by Louis Sundeen and Barney Schiller, murderers of Charles Loebs, awaits the return of Sheriff Miles from Florence this afternoon, when a conference of all the authorities that had worked on the case will be held and the procedure in connection with Nelson and Joe Acevedo will be planned.

Conditional Promise

No promise of immunity has been made to them, despite records to the contrary, although they were promised that if they told the whole truth and nothing but the truth and that truth did not involve them in the crime, they would not be subjected to prosecution. However, the evidence that condemns Art Nelson was given Tuesday by Sundeen and Schiller in open court, when they told of Nelson joining their conferences upon good "stick ups" in town, indicating that he was working with them to bring about robberies, using his police work as a cover for his activities.

Pruitt Case in Abeyance

The question of Pruitt, who balked at the prepared plea of guilty, was not settled yesterday, his attorney, McKay, not having decided upon his next move for his client.

Sundeen and Schiller were started for the penitentiary at Florence early yesterday morning under escort of Sheriff Miles, assisted by Rangers Burts and Bryan, traveling by automobile. A second machine, following, was occupied by Chief of Police Bailey, Detective B. F. Fox, Deputy Sheriff Ezekiels, and other officers.

The prisoners had been prepared during the night for the trip by a scare given them by the policemen at the station, who persuaded them that there was a movement in the city to take them from the sheriff and lynch them and even to take them from the police station last night.

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"Immunity Promised"—Scheppke

A. B. Scheppke, special agent for the Southern Pacific, made the following statement as to the alleged promise of immunity to Nelson:

"Several days after Nelson was locked up, knowing he did not have any other friends in the city, I went to the jail as a friend to give any assistance that he might need. I took Deputy Sullinger with me to show that I did not want to do anyting to aid in the concealment of any crime or interfere with the due course of the law, and he asked me to get an attorney for him. I then instructed his wife to go and see Attorney Langworthy, who started habeas corpus proceedings to get him out.

It seems that after he had filed these papers, County Attorney Moore requested him to get in touch with me again about this habeas corpus proceeding. I went down to see Attorney Moore and he asked me if I could not get Nelson to tell all he knew about this case. I told him that on account of Nelson being my friend I might be able to get him to do so, providing they could guarantee some kind of immunity.

"It was then that I went to see Nelson and explained the situation to him and that I believed that it would be best for him to tell all he knew, as the authorities had promised to give him immunity in case he did tell it all.

Many Officers Present

"I made an appointment to meet Attorney Moore at 8 o'clock that evening and met him in his office, the following gentlement being present: Chief of Police Bailey, Sheriff Miles, Undersheriff Sullinger, Assistant County Attorney E. B. Frawley, in addition to Mr. Moore. I discussed the whole case thoroughly with them as to what might develop during the trial, and I asked Mr. Moore, supposing it should develop that Sundeen and Schiller should by their statements, implicate Nelson in the killing, would he prosecute Nelson on their statements, and Moore answered me that he would not. I also asked him, if it developed that Nelson knew when these fellows got back from the park, that they had actually killed Loebs, would he prosecute Nelson, and he said he would not.

"I asked him if the people could force him to prosecute Nelson, and he said no.

"I then went upstairs in the jail and brought Nelson down into the room, and before Nelson did any talking, I went over the details of my conversation with the officers then in the room. I then asked Mr. Moore the same questions that I had asked him before, and he answered in the presence of Nelson that he would not hold Nelson if it did not develop that he took an actual physical part in the killing.

"I then explained to Nelson that it was up to him if he wanted to tell these men what he knew about the case if he knew anything. I stated to him that they have given their word of honor, each and every one of them did, and he would have to take their word that they are dealing with him in good faith. Nelson then asked them if they would live up to the promises that they had made, and each one of them told him they would. Nelson then went on and made his statement.

Made Sound Statement

"It is claimed by the authorities, I understand, that Nelson did not tell all that he knew about this case in the first statement that he made, but he did send for me on Saturday and stated that he had some more to tell which he had not thought of when he made the first statement and that he wanted to tell me this so that I could again get into communication with Mr. Moore for him. After they could not find me, as I was out of town, he decided to go before Mr. Moore without me and told him some more facts of the case which he could not think of the eveningt he made his first statement.

"I think that this shows Nelson's intention was to fulfill his part of the agreement with the county attorney in good faith, to tell all that he knew and that he could think of, assisted by the questions of the county attorney, in return for the county attorney's promise of immunity.

"It is reasonable to believe that a man brought before that many officials in the condition that his mind was in, could not think calmly and detail in a collected manner all that he knew of the crime, that he was pannicky and that, after he returned to the jail, he could think of some more things that he had not thought of in the presence of the officials.

"I know that the confessions of Sundeen and Schiller implicate Nelson in things which Nelson's own statement did not contain, but it was Mr. Moore's definite promise to me that no matter what those statements might contain, so long as they did not connect Nelson with the actual killing, he would not prosecute Nelson.

Scheppke Explains Motive

"I do not want to be considered as trying to defend Nelson, because I have washed my hands of him, whatever friendship there was between us has ceased, but I would not have got into Nelson's confidence under the guise of a friendly advisor had I not believed that Mr. Moore and the officials present would live up to their promise.

"They told me that Nelson's statement was essential to the apprehension and conviction of the murderers and in those circumstances I think it will be conceded that he was justified in making the promise of immunity, and that his promise should be kept as sacred as any other process of law. I have no other interest except the serving of my own conscience, for it would lie heavily upon me, after Nelson had virtually placed his life in my hands and then in the hands of the county attorney on my advice, if the county attorney did not keep faith with me.

"I am not saying this with any prejudice against the county attorney or any one connected with this promise, and I hope he will not be influenced by any outside clamor into repudiating his word to me and his word to Nelson."

NELSON TO BE TRIED FOR LOEBS MURDER; SCHEPPKE STATEMENT REPUDIATED BY ATTORNEY MOORE
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County Attorney's Version of Promise Given to Policeman Supported by Bailey and Miles; Pruitt Also Charged With Murder.
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Former Patrolman Art Nelson will go to trial for the murder of Charles Loebs.

Alfred Pruitt will go to trial for the same offense.

J. W. Ross, alias Alexander, and Joe Acevedo probably will appear as the state's principal witnesses against both men, in connection with the statements and the testimony in the trial of Sundeen and Barney Schiller.

This was the general attitude yesterday at the county attorney's office.

Questions Scheppke's Memory.

The immunity alleged to have been promised Nelson for his story, as stated yesterday by A. R. Scheppke in The Star, was repudiated by the county attorney.

"Mr. Scheppke appears to have a better memory than five men in the room with him at the time he referred to in this morning's Star," said County Attorney Moore, yesterday. "He remembered promises we do not recollect."

Nelson Secures Counsel.

Nelson has been made aware of the decision and has secured counsel. John W. MacKay has been assigned to defend Pruitt.

"Nelson was promised immunity as stated in The Star this morning," said Mr. Moore yesterday, "but he did not live up to his promises. He concealed important facts which involved him. He was involved in the commission of the crime, had helped to plan it, and shared in the proceeds."

"Promise Conditional"—Bailey

Chief Bailey, who was present when the promise was made, declared that the promise was conditioned upon his not having shared in the proceeds.

Nelson's Share 55 Cents.

"We learned that he not only knew about it," said Bailey, "but helped to plan it, and shared in the proceeds if the murder. His share was $2.05. He said "Butch" Sundeen owed him 50 cents, which deducted from the $2.05, made Nelson's gross receipts $1.55. Then Nelson said he gave "Butch" one dollar, making Nelson's share of the proceeds net him 55 cents.

Sheriff's Statement.

Sheriff Miles also declared that Nelson was promised immunity, provided he would make a clean breast of it and was not implicated in the crime. The promise was given at a time when Nelson was suspected only of knowing of the murder plot, not of having been actively engaged in it. In connection with this the authorities have a statement of Sundeen's indicating that Nelson had acted as guard on one thieving operation.

Nelson Thief's Assistant

In this case, according to Sundeen's statement, Nelson, while on duty, cut the straps holding extra tires to a machine and called Sundeen to take the tires away. Then he went up to an electric light pole and stood there, watching him do it. Meantime, the owner of the car, who had felt secure in leaving the machine at the curb near where a patrolman was on duty, was busy in a store. He saw the patrolman on the curb when he left the car and saw him there when he returned, but the tires were gone. Sundeen confessed he took the tires back of the Saddle Rock restaurant and then, going through the restaurant from the front, secured them and returned to the street. Upon selling the tires he had given Nelson $2.50 of the price.

Played Officer False.

Another exploit of Sundeen's was that of acting as a stool pigeon for Deputy Sheriff Simpson. According to his story he was sent to buy liquor of a suspected bootlegger. When he entered the house he said, "Hide all the booze; there's a deputy sheriff outside."

In connection with the theft of the automobile from the People's meat market, in which Sundeen was innocently helped by Patrolman Babcock, Sundeen told the police that Pruitt, who was with him in the operation, wanted to jump and run at sight of Babcock. He, however, explained his use of the machine by saying he was working for the People's Market. Babcock knew the man was a butcher and presumed this was true. The presence of Babcock saved the machine, however, and the pair drove it only around the block and returned it to the front of the store. They knew Babcock would know who had taken it, Sundeen said.