The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-12-08

the said Prather taken in the application OF
the State OF Indiana is plaintiff. in which said
Judge and the said Prather are charged with cor
i0to pone order
Witness my hand and the seal of said court at
the Siiy @ Columbus the 9TH day Of November
Clerk.
PRATHER's FIRST AFFIDAVIT.
STATE OF INDIANA, BARTHOLOMEW COUNTY, IS:
The State OF Indiana VS.. Jas. b. Ryan, John y.
shoemaker. Thos. II. Ryan, Julius @. Matthews:
the indiana state Sentinel q sunday. the alst
published by the Sentinel Company. a
company organized for the purpose OF pub,
for other purposes, a certain scurTilous, SLAM
derous and perfidious article, attacking the
scHn Of The ses9 s Jg6ss the H01
Indiana, on the appointment OF this affiant to
hola his court in the county of Bartholomew OF
ant as taken in the application
OF Dick Jones, I'm case wherein he
ssiS ,nara an spu b ;sn WITH cor
ruptiOn and other charges which tend to bring
said Judge and said afiiant into disrepute and
impair the action of said court, and bring the
ALLEN W. PRATHER.
Subscribed and sworn TO before me this 18th
day OF November, 1870.
ISL JOHN Z. MILLER, Clerk.
This affidavit by Allen w. Prsther. before
the court with the same Allen w. Prather
upon tine bench, and upon that information
the presiding Judge commands the presence
of the alleged offenders before him. But for
some reason or other not satisfied with the
shape the matter assumed on the appear
snce of the defendants, the affidavit was
withdrawn, and another fled, which is rs
follows:
PRATHER's SECOND AFFIDAVIT.
STATE OF INDIANA, BARTHOLOMEW Co., Set.
In the Bartholomew Circuit Court The State
OF Indiana VS.. Lucten q. Matthews, Robert l..
Matthews, John c. Shoemaker, James Ii. Ryan,
Willis 3. Webb.
Allen w. Prather, having been duly sworn,
upon his oath says that the 18th day of No
vembei, 1875, the Hon. James \. Hester was the
Judge. duly elected and qualified, of the Ninth
Judicial Circuit OF the state of Indiana, COM
posed of the counties of Bartholomew and
Brown, and as such was sole judge of the Cir
cult Court of said Bartholomew county. That
ON the said 18th day OF November, 1875, said
James s. Hester, being lncapacitsted by sickness
from holding the November term for said year
1875 OF the said Bartholomew Circuit Court, duly
appointed one Allen W. Prather, practicing
attorney OF said court to hold and preside as
Judge thereof at the said November term thereof,
and lthe said Allen W. Prather and thereupon,
on the day and year last aforesaid, was duly
sworn and ,9G 1aIihed to bold and pre-;
said November term thereof in the absence
OF the said James =. Hester. That on the said
18TH day Of November. 1875, there was pending
in said Bartholomew Circuit Court a certain
cause wherein the state OF Indiana was the
plaintiff and one Dick Jones was the defendant,
wherein the said Dick Jones was, by indict-
ment, found. by the grand jurors of the said Bar
tholomew county, charged with having feloni-
county. one Henry stein berger That on said
18th day of November, 1875, an application was
fore the said Allen w. Prather. presiding as
judge thereof. by virtue OF the appointment
azores aid by said DICK Jones to be admitted 10
said Dick Jones was, upon his said application,
Judge of said Bartholomew Circuit Court,
admitted to bail and entered into
recognizance for his appearance to answer
the Indictment aforesaid, With sufficient sure
That afterward on the 2lst day OF November,
1875, the said cause being still pending, untried
n. Mafhews. John c. Shoemafer' James b.
Ryan and Willis 3, Webb in contempt of the
authority of said Bartholomew Circuit Court
state of Indiana and OF the said county of Bar
tholomew against the said Dick Jones and
against his defense 10 said indictments) (and
with intent TO bring the said Dick Jones, and
$. Hester, and the said bartholomew
reputel did print and publish in
certain newspaper, commonly known as
lished in the city of Indianapolis, In the county
of Marion, and state of Indiana, and did circu-
late and cause TO be circulated in and through
the said county OF Bartholomew a certain false
and defamatory article OF the tenor following:
1.-THE Sentinel's Offensive ArticIe.l
THE MYSTERY SOLVED.
HOW RICHARD JONES CAME TO WALK FORTH
FROM MURDERER's CELL.-CRooKED JUS
TICE IN BARTH0LoMEw-THE TRUE IN
wARDNEss OF THE JONES TRIAL-A FEW
PERSONAL" "REMINISCENCES OF THE PRE-
SIDING JUDeE-A LEAF FROM THE HISTORY
OF ALLEN W. PRATHER, WHO ADMITTED
THE PRISONER To BAIL.
Allusion has been made heretofore in the Sen
tinel to the case In Bartholomew county
wherein a prisoner, indicted for murder, had
been released on bail of S50,0OO through the eff
forts of his attorney. He is now a free man
shackles, though his hands are yet stained with
the life blood OF his fellow man. The matter
however, that awakeps attention in this case is
not the person or deed OF the murderer. That Is
matter for future investigation, and the Senti-
mel does not wish to prejudice case pending the
processes Oh law mat sha detef BE, nine the gull
things connected with this case that have ellie
tied attention, and attention once enlisted scg
velOpes q state of facts that has some alarming
features, and In which the public is OF ought tC
be interested.
A SERIOUS CAUSE FOR ALARM.
That crime escapes punishment is serious
cause for alarm, however Indifferent the masses
of the people may be. That this immunity IL
| secured by money and social influence, q redu
plicatlon of the crime Is no less cause for We
deeper concern, because it strikes at the majesty
of law, causes contempt of law and throws soci
| ETY. into a state OF semi-anarehy that invite
further lawlessness and utter disregard TO thu
consequences OF Ubiquitous action. The question
naturally arises in the consideration of a cas-
like thst of the murder of Steinberger, will
money buy of prisoner from the clutches o
the law? Candor c0mpels the admission that
in many cases, it actually does 1t is serious
matter to thus impugn the integrity of tn,
courts. 1t becomes thing OF public disgrace
il is necessary tn speak directly of the presiding
Judge. That my sterious divinity that clothes tn
man that sits with the scales of justice in hi
| hand and metes out the penalty of the law car
only command devotion at its shrine where IT |
visfbly manifested in spotless ermine But diC
| Richard Jones escape from languishing in jai
By virtue of the fact that sOiled and bedraggle'
| gown clothed him that sat presiding on TN
| bench when the judgment was pronounced tina
Jones might be admitted to bail: Somethin
was surely wrong in the case, The bail was fixe'
at $4,000.
WAS THIS A BAILABLE CASE?