The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-29
fh1CE ZEN -. CENTS

That petition was presented to the. Cover
nor. and Dec. 10 was set as the date for
the hearing.
Dudley and his wife, who took the ut
most interest i'm his case. and who sat un-
wearied throughout the long and tiresome
ordeal, together with Oliver Dudley, the
father. and a large number of sullivan
county people filled the Governors Office.
The State was represented by Attorney
General William l.. Taylor and Merrill
Moores, assistant attorney general. Gov
ernor Durbin acted in judicial capacity.
matter was hearing rather than session
of court. The entire case was reviewed
and two days were spent in going over the
until Dec. 16 when the case was taken up
and concluded. and then il was taken un-
Ger advisement by Governor Durbin.
ACTED WEAKLY.
Attorney General Taylor contended that
Dudley had not done his duty; that he had
acted weakly in giving up the negro with
out fight; that he had removed him 20
Indiana without taking proper precautions
against mob action. and that his conduct
in Robinson had been unworthy of an Off
Ger of the law.
One of the sensational features of the
hearing was the terrific arraignment of
Prosecutor Douthitt by the attorney gen.
eral who fiayed him alive with cat-o'-
nine tails of biting contempt. He accused
Douthitt in so many words of acting cow
ardly, since he stood by and permitted the
negro TO be murdered without doing thing
to prevent il.
For Dudley, Attorney Bays contended
that he had acted within his rights in re-
moving the negro from Robinson; that the
man had come to Indiana willingly and had
not protested against being removed with
out requisition papers. He claimed that
w Sn Ia nd 60 dot 0r@rf1ir1 1nl
that it would have been an impossiblity
to protect the man in Sullivan. There was
no drinking done in Robinson by the
sheriff, he maintained. and the negro was
not used brutally. 1t would have been
foolhardy and not the part of wisdom to
have shot into the crowd and the negro's
life could not have been saved. There was
no time to notify the Governor of the mob
spirit extant, he said.
The burden of proof was on Dudley and
those who listened attentively during the
hearing were not sure that he had cleared
himself. The belief was that the Governor
had not been convinced that the former
sheriff had done his duty. The testimony
of the Robinson people was slap in the
face to Dudley and 1t Redeemed before the
Governors eyes.
WILL NOT END THE CASE.
The decision of the Governor announced
yesterday will not end the case, it is be-
lieved, as Attorney Bays, for Dudley has
announced that the case will be carried to
the courts to test the constitutionality of
the law. He is confident that the law will
not stand when submitted to close analysis
and strict construction. On the other hand,
Attorney General Taylor is confident the
law Is constitutional and that ii is not
only most valuable statute to have on
the books, but that it is absolutely water
proof. He would regard II as a pleasure,
he states. if he could remain in office long
enough to fight for the law tooth and toe
nail in the courts.
Another problem is what will Dudley do
as to relinquishing the Office now that the
decision of the Governor has gone against
him. So far he has refused to give il up
to the coroner of the county, who is sheriff
ex officic, and it is believed that steps will
be taken at once by the Governor TO COM
pei him to give it UP, even if the arm of the
law has to be called into service.