The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-15
A CRIMINAL COURT TILT
JUDGE MORAY ORDEnS REPORTERS
NOT TO PRINT HIS REMARKS.
Row with John o. Spahr over the
Defense of Murderer
Love.


ton with the defense OF Robert Love, the
negro brought here from California two
months ago on the charge of murder. He
is accused of having killed another colored
man several years ago in quarrel over
a game of craps west of the river.
Judge McCray has appointed john S. Dun
can to defend Love, at the request Of the
prisoner John o, Spahr, who was for two
years attorney for the poor Of the county,
insists he is to be il the case, while Judge
McCray is emphatic in the assertion that
Mr. Spahr shall not be recognized-at least,
he will not appear at the county's expense.
Yesterday the court and the ex-attorney for
the poor had a merry row over the matter,
which resulted III an emphatic declaration
from Judge McCray. According TO the
statement of Mr.. Spahr, he went to work
as soon as Love was brought here from
California to look up evidence in the pris-
oner's behalf. He understood Love would
have to be defended as poor person, and
he felt it his duty to prepare for the pris-
oner's defense. This was two months ago
before Mr. Spahr's successor as pauper at
torney had been chosen A fortnight ago,
as claimed by Judge McCray, a note was re-
ceived from Love requesting him to appoint
John S. Duncan to defend him. Mr.. Duncan
consented to take the case, and the court
made his appointment matter of record
A few days ago Mr.. Spahr and Judge Nc
Cray talked over the question of Loves de-
Tense.
Il had seen Love number of times" said
Spahr yesterday land he indicated to me
that he wanted me to take part in his case
1 went to see Judge McCray about it, and
explained the situation to him. He told me
if / wanted to appear for Love he would al
low me 500. j told him L would not agree
to that, and asked what fee was to be paid
J. B. Healing in the Bridgewater case. He
declined to say what amount Mr. Kealing's
fee had been fixed. 1 then said to him that
if he would name the fee John s. Duncan
was to receive there would be no trouble
in fixing my fee. L suggested that l should
have sum equivalent to two-thirds as
much as Mr.. Duncan would receive. The
court informed me could take 500 or stay
out of the case. then stated that l would
file petition and affidavit from Love re-
questing that be appointed. The court
told me to go ahead and file it..
Yesterday Mr.. Spahr walked into the
courtroom with the following affidavit from
Love:
"Affiant shows to the court that he Is
without means, money or property ana Is
friendless in strange city, and IS unable
to secure means with which TO employ coun-
sci to conduct his defense in this cause
That, heretofore, one John y. Spahr was
his attorney, and has made preparations 70
conduct his defense, in this viz, that said
Jno. O. Spahr has secured the names OF
several witnesses, together with numerous
petitioners innocence. That the names or
said witnesses, together with the facts ana
circumstances are known to no other q person
torney is not appointed to assist IN the
defense of this cause, in all PROBABILITY, ne
will be deprived of said testimony ana evil
''Affiant further shows to the court that
heretofore viz, on the - day OF De-
cember, 1897, one Charles Brown, employed
in the courthouse as elevator conductor, IN
troduced himself to afflant, and informed
affiant that he (Brown) had been author
lied to inform aftiant that atfiant could nave
any of the following named attorneys OF the
Marion county bar to conduct his deTense
Healing, W. n. Harding or Thomas Hanna
that affiant from the above array of at
torneys selected John S. Duncan TO assist
said John 0. Spahr was to be retained in
his behalf. But aftiant shows to the court
that pursuant to above selection the court
has signihed its intention to appoint the
said John S. Duncan to conduct his defense,
without appointing said John O. Spahr to
assist therein. Aftiant therefore prays that
courts to assist in conducting his DEFENSE OF
this cause.
passion and declined to accept the affidavit.
''You can't file that here" said Judge Nc
Cray, lit is not the proper practlce. -,
''Well, If l can't file it here, retorted the
attorney II can file it somewhere else,
and taking up the petition he walked from
the courtroom. In the lobby the Attorney
to explain his predicament to them. Judge
McCray came out while the attorney was
talking and served notice on the reporters
to publish nothing alleged to have been
said by him without his consent. The court
was angry and somewhat Hurried as he de-
scended the stairs.
A REPORTERS RETORT.
'Ill print what id please" asserted
the intrepid young man, as Judge McCray
started away.
Attorney Spahr declared he would go to
the iail and consult with Love, and if the
latter still wished him to remain in the
case he would file a motion for a change
of venue. Later Judge McCray explained
his position in the matter. Il appointed
John S. Duncan in the case because of two
requests / received from Love. Mr.. Dun
can has consented to defend the negro, and
assured me we would have no trouble about
the fee. OF course it is understood that
John c. Ruckelshaus, the recently appoint
ed attorney for the poor, will assist. In
fact, feel it would be courtesy due him
by virtue of his office to invite him into
days ago and informed me that he had been
working on the case, and he had spent con-
siderable time getting up evidence. He
seemed to feel that he should assist, and
l then told him he could come III and l
would allow him 500 for his services. He
scorned the offer, and declared he must
have two-thirds as much as Mr.. Duncan
would receive. l replied that he could not
expect 10 receive that much, and intimated
that his services were perhaps not vital to
the case. He then spoke about my haV-
ing appointed Mr. Healing to assist other
counsel in the Bridgewater case. / frankly
said to him: Mr.. Spahr, you could hardly
expect me to appoint you to assist Mr.
Duncan. If you were already in the case,
/ might appoint Mr.. Duncan to assist YOU
II have appointed additional counsel in
these cases." continued the court, 'as a
matter of economy to prevent them being
takeIF out of the county and an unneces-
sary expense incurred"
Charles Brown, who has charge of the
elevator car at the courthouse. says he
went TO the Jail TO see Love at the request
of the iatterS cousin. H mentioned to him.
at the request of the cousin a number of
attorneys with whom arrangements might
be made for his defense. Love chose John
s. Duncan.
OIL COMPANY's BRIEF.