The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-21
A MERRY WAR IN COURT
CRIMINAL JUDGE AND DEPUTY PROS
ECUTOR HAVE A LIVELY TINE.
Murray Resists the Ohio RequisitiOn-
Norris Denounced--MoOre Law Up
Held by Supreme Court.

There was a merry war in the Criminal
Court yesterday morning. The hostilities
began with the request of County Attor-
ney Spahr to have the case of Harvey
Singleton, charged with killing Cal Vor-
his, set down for a speedy trial. Judge
McCray had just got through with an ar
gument Of somewhat spirited character
with Attorney Spaan, and was not in a
lamblike mood. Neither were the prosecut-
ing attorneys, both of whom became in
volved in the row before its conclusion:
About 10 o'clock John O. Spahr, Single
toms lawyer, walked into the courtroom
and addressed Judge McCray. He said he
had come to have an understanding about
the Singleton matter.
Your Honor" he continued, 81 see by
the Journal this morning that the prosecut-
ing attorneys don't want this case set down
for trial at this time but l would like to
have something done about it,.
Judge McCray called Prosecutor Wiltsie
over TO the desk and stated the desire of
Attorney Spahr. The prosecutor protested
against any action looking to the trial of
the case until the State could locate its
witnesses. DR.. Frank Shreve, he said was
the main witness in the case, and being
travelling physician, the State might have
some difficulty in finding him. There was
also one or two other witnesses missing
and the prosecutor urged that nothing be
done until he had a chance of consulting
with Detective Thornton, who is out of
the city and will not be home until Monday
Attorney Spahr insisted that the State
had begun the case without the presence
OF W1tEess Shreve, whose testimony was
not taken until after the State rested. He
thought the State was in as good condi-
ton now to try the case as in the former
trial A rapid exchange of sharp utter
ances followed, the court and attorneys all
participating. Then County Attorney Spahr
said something that stirred the ire of the
State.
Il want it understood now" retorted
Prosecutor Wiltsie, with fire in his eyes
that the State is not here to be dictated
to by the pauper attorney of this county"
Judge McCray then said the State could re-
port IN the matter as soon as Detec-
tive Thornton could be consulted. While
the discussion yet continued Deputy Prose-
cutor Afford arose to his feet to address
the court.
I'm view of the fact that a new trial has
been granted in this case on account of the
Insutf1ciency of the evidence" he began,
but was interrupted.
Stop right there, Mr.. Afford; stop right
there! exclaimed the court angrily. IT am
making the rulings in this court" The
deputy prosecutor attempted to proceed,
but was called down again.
Take your seat, Mr.. Afford; take your
seat. ordered the court. trembling with
suppressed passion. Then. to the bailiff:
Call the sheriff! Call the sheriffI' The
batlin started to the door, and Deputy AL
ford, White with rage sat down. A few
moments later the sheriff entered the court
room.
The sheriff is here" remarked Prose-
tor Wiltsie. We are ready to go
You may return again at 2 O'clock"
said Judge McCray to the sheriff. That
official retired, and there was further dis
cussion of the case in a cooler strain.
1t is said that a short time later when the
court adjourned, an interesting little col
loquy took place between Deputy Prose
States attorney, still boiling with anger
over the manner in which he had been adj
dressed by the court, waited for the latter
in the lobby. AS McCray left the room AL
ford confronted him. Attorney Spahr also
Afford is quoted as using the following
language: Now, / presume you will hear
what / had to say to you this morning in
the courtroom. ] intended to say that, in
view Of the fact that a new trial was
granted IN this case on the lnSuf1clency of
the evidence, 1T would hardly be worth
while to put the county TO the expense of
trying it again with a main witness gone"
AT this point it is said, Attorney Spahr
stepped up to act as peacemaker, and was
met with the remark from Attorney AL
ford: You keep your face out of this" 1t
is claimed that when Judge McCray heard
Affords explanation he said he would apol-
ogize to the attorney when court recon-
vened. ss
The attorney declared he was not after an
apology. Then, to the court: Just say
again what you said in the courtroom
But the words remained unSaid. The attor-
ney and court then separated without fur
Their hoStilitieS. The matter was not brought
up again at o'clock.