The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-02
State Sends Deputy Attorney General
HadIey to wabash to Make
n search.
OPINIONS OF ATTORNEYS
HENRY ". SPAN SAYS BLCNDER
FREES THE CONVICTED MAN.
Charles w. Smith Is Not So Sure-The
I'm Of n snow for
Then" Entry.

az have no hesitancy in saying that John
Rinkard will never die by the hand of
Justice said Henry n. Spaan last night.
Mr.. Spaan is one of the most prominent
attorneys in the State in the practice of
criminal law. and, although he is not re-
tanned in Rinkard's defense. he has fol-
lowed the proceedings in the case with no
little interest.
Mr.. Spans statement was made after he
had been shown by "A Journal reporter a
copy of the brief filed in the Supreme Court
by Rinkard's attorneys. The brief sets
forth nine alleged errors on which it is
expected to secure a reversal of the judg-
ment of the Wabash Circuit Court sem
fencing Rinkard to death. on three of
these errors-the third, fourth and fifth
particular emphasis is placed by the attor-
neys. In the brief these errors are thus
described:
"Third-The court erred in rendering
Judgment on the verdict of the jury. be-
cause ii is not shown that the indictment
vas returned by a grand jury into an open
court.
"Fourth-The court erred in rendering
judgment on the verdict of the jury. be-
cause it is not shown that the court had
jurisdiction to try the case.
"~Fifth-The court erred in rendering
judgment on the verdict of the jury, be-
cause it is not shown that the Indictment
against the appellant was filed in the court
where the case was tried"
Elsewhere in the brief it il stated that
the transcript and record in the case fail
to show positively that the indictment was
returned into the Wabash Circuit Court.
which was the court that tried the case.
and that the record also fails to show
that the ease was actually transferred
from the Grant Circuit Court. i'm which it
originated, TO the Wabash Circuit Court. by
change of venue. Another charge in the
brief is that, while the transcript asserts
that the State filed a reply 10 Rinkard's
plea OF Insanity, no such reply appears in
the record.
STATES AGENT GOES TO WABASH.
Deputy Attorney General c. c. Hadley
was asked about these alleged omissions in
the Rinkard record, but declined to discuss
them. He admitted that the record is de-
~fective, but insisted that the omissions may
be corrected. THE State could. in my opin-
ion." he said. ''have these omissions cor
rected by a nunc pro tune NOW for them
entry in the lower court, and then they
could be corrected in the Supreme Court
by a writ of certiorari, commanding the
clerk of the lower court to certify the
omitted parts up to the higher court
Mr.. Hadley left last night for Wabash to
look into the matter of the omissions in
the Rinkard record. If the deputy attorney
general finds the omitted entries in the
records of the Wabash Circuit Court he will
Immediately apply TO the Supreme Court
for q writ OF certiOrari directing the clerk
of the Wabash Circuit Court to send them
To the clerk of the Supreme Court in order
that the record may be completed. If. how
ever, he should fail 10 find the entries. he
viii be compelled TO resort to the method
OF trying to secure a nunc pro tune entry.
Henry n. Span was informed of the
above state OF facts and unhesitatingly
made the declaration already credited to
him As 10 the nunc pro tune entry Mr..
Span said: Il do not believe the record in
q capital case can be corrected I'm that way.
guard around a mans life. If II were
simply a question of property | would have
no doubt that the record could be cor
rected by a nunc pro tune entry, but where
a mans life IL at stake ] do not think IL
can"
Charles w. Smith. partner or John S.
Duncan and a well-known practitioner on
a copy Of the brief OF Rinkard's attorneys.
and the facts already set forth were re-
lated TO him. IF you were one of Rink
ards counsel" Mr.. Smith was asked.
would you not think you had a good fight
ing chance 10 save your client?"
well. l should take IL as a pretty good
indication that we had the States attorneys
replied. with a twinkle I'm his eyes. Mr..
Smith declined. however. to say that In his
opinion John Rinkard Will never die judi
cially on the record as il now stands in his
case In the Supreme Court. Il am never
certain about any case he said.