The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-08
JUSTICE Is CLOGGED
Appealed Liquor Cases Are Buried
in the Criminal Court.
Talk of Special Judge-Easy for Con-
victed Men to Escape Punish
ment-0ther Courts.

Where do the liquor cases go after they
are appealed from the Police Court? That
Is question that has been frequently
asked within the past month. They go to
the Criminal Court, where they are buried
An appeal to the Criminal Court has come
to be the only hope of a violator OF the
liquor law. and IL the fine assessed in the
lower court seems, to the person fined, TO
be In the least excessive, he forthwith ap-
peals to the court above and is released
while the appeal is pending. And it seems
to continuously pend thereafter. In this
respect gambling cases are treated the same
as those for the violation of the liquor
laws The first case after Juoge Stubs
took his office was the case against Fred
Mitchell for keeping a gambling house. In
the Police Court, in addition to a fine of
$50, Mitchell was sentenced to the work.
house for one hundred days. He appealed
TO the Criminal Court, where his case came
to. trial before jury and he was fined $50,
but no workhouse sentence was added.
Since the case Of Mitchell, who was a col
ored man and not a Democrat not an an
pealed case has been tried in that court.
The records in the Police Court show
the following cases tried there and appealed
TO Judge CoX's court:
William Kirkhoff, selling liquor on Sun
day; fined $40 and costs. Appealed Feb. 2
Mike Lucid, selling liquor on Sunday;
Charles Miller. selling liquor after II
o'clock; fined $40 and costs and ten days in
the workhouse. Appealed Jan. 2.
fined SO and costs. Appealed Dec. %.
James Howard, selling liquor on Sunday:
fined S25 and costs and ten days in the
workhouse. Appealed Dec. 10.
John Foster, giving away liquor after, II
O'Clock; fined SO and costs. Appealed
lack Uehher salIipo, Iiouor ON Sunday.
s25 and costs and thirty days in the work.
house. Appealed Nov. 90
II O'Clock. Fined $40 and costs. Appealed
n. =. HoIIaran. selling LIQUOR after IL
in the workhouse. Appealed Nov. IL.
o'clock; fined SIS and costs and ten te days
y perusal of these records will show how
justice was melted out to violators of the
liquor laws in the Police Court, and the
set down for trial in the Criminal Court
will show how justice has been evaded.
asked WRV the onor cases a
pealed from the Police Court are not dis
posed of after finding their way into the
I'VE have not had time to try them," W 3
the reason given for the delay.
'Some of the liquor cases have been pend
ing in the Criminal Court for months and
long prior to cases that have been tried"
IL was suggested.
But / think we should dispose OF the
felony cases first, and they have occupied
all the time OF the court. We do this in
order that prisoners in jail max not be
compelled to remain in jail waiting trial
any longer than is necessary.
The case of George Kean, who was fined
and sentenced to imprisonment in the work
house by Judge Stubs for giving away
LIQUOR after II o'clock was appealed TO the
Criminal Court Oct. % 1893. Since that
date, now more than four months ago,
Of mis- dan loan
or cases tried in the Criminal Court, yet
the prosecutor has not found time to try
the liquor cases.
Prosecutor Hoffman also said he had
been endeavorng to get Judge Cox TO set
the appealed liquor cases down for trial
before a special Judge. This would relieve
Judge Cox of the responsibility of enforcing
the law When cases are postponed for
months. as is done in the Criminal Court,
il is an easy matter for prisoners out on
bail to spirit away witnesses, so that cases
fall fiat when trial is reached.