The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-06-17

The main incident in the Fawkner case
yesterday was the entering of a nolle prose
qui on the indictment brought against
Fawkner in the Criminal Court. He was in
this indictment charged with seduction and
abortion. The case formed part of the
chain of events in the history of the
Deaf and Dumb Institution in
vestigation. Fawkner was indicted pre-
vious to the bringing of charges against the
management. His Indictment was a nee
essary step in the vindication of the insti-
tuition, as proof Of his guilt afforded the
only explanation for Ida K. Fawkner's
condition. The board of trustees, being
unwilling to trust so important a mat
ter to the prosecuting attorney
whose business it is to attend to
these criminal affairs, employed two of the
leading firms in the city, Messrs. Porter IL
Fishback. and Harrison, Hines and Mil
Ter, as counsel to assist in the conviction of
Fawkner. A month ago, when the case
came on for trial, these gentlemen asked for
postponement, on the ground that they
were not ready. This left Fawkner with
the accusation hanging over him,
and precipitated his action in bring
ing charges against the manage
ment of the institution. Yesterday was
the day set for the trial OF the Indictment,
and Mr.. Fawkner's attorneys appeared in
court, and a second time demanded that the |
matter be brought to an issue. Messrs.
Harrison and Fishback urged that tine case
should be postponed to await the result of |
the investigation now in progress, which |
should not be interrupted. Mr.. Byfield |
declared that the investigation could coz
tinue just as well as not, and the indictment |
might be tried at the same time. |
The court held that it could not take cog
nizance of any outside proceedings, and
would only grant a continuance on the
usual grounds. The result was that Messrs.
and Fishback declared their in
tention of Withdrawing, and the prosecuting
attorney stepped forward and stated
thst after consultation with these gen.
tlemen, and the use of due
diligence, he found that he had no evidence
upon which to hope for conviction of the
accused, and he, therefore, entered a nolle
The excuses given by the law
20 on with the case are certainly rather
curious. 1t is not easy to understand how
hey can argue that a private citizen should
rest quietly under heinous charge until
after state institution has been
and pronounced in good or bad
condition. To the public it is of vastly
more Importance that the latter matter
'hould be- decided, but to the individual
lis own safety is the principal con-
,ern. The fact of the matter is the
riends of Messrs. McIntire and Valentine
hould have pushed this indictment with
III their strength. If they could have con-
7icted Fawkner, his conviction would go far
oward establishing the innocence of others. {
As far as Valentine is concerned, Fawk I
ler's conviction would have been alb
Iolute proof of Innocence. As things {
nave turned out, the aggressive movement 6
against Fawkner must be regarded as an I
utter failure. 1t is very strange coinci- l
ience that the lawyers employed by the q
BOARD in this prosecution are the same gen S
lemen who represent McIntire and vslep- I
inc in the investigation before the trustees. L
There was an effort made in the evidence, a
to insinuate that this identity of e
interest extended much further than to the
OF the same counsel. Prof. b
Angus was put on the stand to show that he t
lad been seat on expeditions to secure the p
etractions which are contained in the a
nswer, and be testified to making a J.
journey to Wabash with Professor Gillette, r
nd another to Mitchell with Mr.. Foster. s
Ie staid six hours in the former e