The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-09-26

centage of cases the prosecuting attorney
is justified in entering a nolle. that per-
centage should be comparatively small
THREE CLASSES OF CASES.
I'm examining these s,s24 cases IL was
found necessary TO still further limit the
inquiry 10 three classes of cases: First
Liquor. Second-Gambling. Third-Immoral
houses.
There are cases Of burglary, larceny,
ETC., upon the docket during Mr. Holtz-
mans two terms the disposition OF. which
indicates the exercise OF political pull But
the three classes of cases just enumerated
are the classes which are most nearly re-
lated to the reprehensible use of political
Influence upon the administration of law.
THE committee has catalougued 4OS or
these cases. This includes all Of the cases
belonging to these three catagories and
thirty-six others closely related TO them.
The total number is rather small consid-
ering the fact that Mr.. Holtzman held the
office for four years. but the percentage
of convictions is smaller still-astonishingly
small.
LIQUOR CASES.
I'm the four years of Mr.. Holtzman's
term of office there were 800 cases of viola
ton of the liquor laws on the docket OF the
may be tabulated as follows:
Nollied Observation-Disclosures. 30
Indefinitely postponed and not allowed to
come TO trial. lu5
Plead guilty, no fine entered, and re-
leased on motion and consent of r A:
Cases otherwise disposed of without
coming to trial. ..............-............ 90
Total ........ 20
Fines entered on plea of guilty........,.... 8.
Stood trial and found guilty. III
Stood trial and found not guilty........... IL
Total ACKNOWLEDGEMENTS. ~
1T will be noted in these 305 cases, in all
Of which there was sufficient evidence to
obtain a conviction in the lower court, or
indictment by the grand jury, action look
ing to the punishment Of the offenders was
taken in only rs per cent. of the total num-
Der.
eliminating the one out of every six fined
on plea of guilty. only Z per cent of the
total number We're brought to trial, and
only one-half of these were convicted.
Thirty Eight of these liquor cases had
been appealed from the city court and jus
tees of the peace. In these thirty-eight
cases conviction had already been obtained.
The presumption is that there was evidence
warranting at least a trial in the Criminal
Court. The disposition of these thirty-eight
cases is shown as follows:
Indefinitely postponed ...................... s
N0llleQ q
withdrawn back to justice of peace. 2
Dismissed for want of Jurisdiction. l
Motion to quash sustained. .......,....... 4
Total .......................................2a
Found not guilty.. .......................... Z
Found guilty .................-........ D
Plead guilty ............................
Total Is
ITO summarize, in more than three out
of four liquor cases from the lower court,
the offenders escaped in the Criminal Court.
GAMBLING LAWS.
"Mr. Hoffman, during his four years of
office as prosecuting attorney, handled in
the Criminal Court only thirty-ive cases of
violation of gambling laws. The disposition
of these cases is shown as follows:
Nolned .....'.....''...;
Indefinitely postponed and prosecution
oroppea ,,o.,,
Total ...........................
Fined on Plea OF observation-disclosures.
Found not guilty ...............,........... D
Total IL
at will he seen that action looking to-
ward conviction was taken In less than
one-third of the total number OF cases.
Every one that was tried resulted In ac-
quittal The only convictions whatsoever.
were fines on plea of guilty.
Seventeen IF these gambling cases had
been appealed from the City Court after
convictions had been obtained there or
these seventeen cases five resulted in fines
of $40 each on plea of guilty. Three were
acquitted and in nine cases there was no
prosecution whatsoever.
IMMORTALITY.
"In twenty-seven cases of inmates and
keepers of immoral houses the following
is a record
Appealed from City Court. dismissed for
want of proof ...... ....--...--
Indefinitely postponed and prosecution
Total NEUTRALITY-SUSPICIOUS.. Il
Stood trial, found guilty. fined. ............
| Fined plea of guilty. 2
"Action looking to the trial of these
| cases was taken by the prosecuting attor-
ney in less than one-fourth of the total
number.
six of these cases had been appealed
| from the City Court. after conviction OF
the six four were indefinitely postponed.
"In the above category we have not in
Guided the cases in which indictments
were found against landlords owning prop
| erty rented for immoral purposes. This
| class of cases Is included In the total of
| 4O3 which we have especially recorded. The
| prosecution was dropped In nearly every
| instance, but We have no desire to accuse
the prosecuting attorney of dereliction of
1
| further mention of the same.
OTHER APPEAL CASES.
There were five cases appealed for draw
| ing or carrying deadly weapons, of which
| one was nollied, and four indefinitely post
| poned. Not one was brought to trial. Con-
victions had been obtained in all five in the
City Court, but all five offenders escaped
| in the Criminal Court.
THE remainder of these cases, in the
! list of 403 were for violation of the Sab
bath, but not by saloons. These cases were
| allowed TO be dropped despite previous con-
| victon.
A FEW EXAMPLES.
1.-THE committee has selected. by way of
example, the following instances of the
peculiar manner in which Mr.. Hoffman
performed his duty as prosecuting at
torney:
ION July I, 1892. the prosecuting attor-
ney nollied the remarkably large number
| of twenty-seven cases for violation OF
| liquor laws, this being the largest number
| of liquor cases nolled at any one time dur
| ing his term of Office. IL was also at the
/ beginning of his campaign for reelection.
| In this single day he summarily disposed
| docket during the entire period of his two
| terms of office, and practically all that
| were then in his hands for trial.
CASE OF ARCHIE GREATHOUSE
| among the places that gave Indiana
| avenue a bad NAME none has been more
notorious than that of Archie Greathouse
| On Indictment Record "a. Page 139, case
No rhn fA1lA -f.-r.