The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-04
CLERK WITH TWO HANDS
WITH ONE HE PATS J. $. DUDLEY.
WITH THE OTHER sLAPs HIM.
Sullivan County Omcial Recognises
Coroner, but Issues Subpoenas to
DudIey-Peculiar Tangle.

An impression has been made on the
Notifications of Sheriff John s. Dudley. of
Sullivan county. the official deposed by
the lynching of James billiard, and refused
reinstatement by Governor Durbin. Clerk
Robert Taylor, of Sullivan county, yester-
day decided after careful legal advice that
summons from his Office should be issued
to Coroner Maxwell.
Clerk Taylor received a complaint pre-
pared by WilIets A Bastian, of this city,
yesterday. Accompanying the complaint
was a note from Mr.. Bastian, politely but
firmly requesting the clerk to issue the
summons against the defendant to the
proper officer. The suggestion opened
questions in the mind of Clerk Taylor. 1t
brought up possibilities of legal complica-
tions that are not pleasant for a county
clerks bondsmen to contemplate, such as
suits for reparation, undue process and the
like, so Mr.. Taylor decided to issue the
summons to the official designated by law
as the successor of Dudley. 1t was not
stated in dispatches from Sullivan last
night whether Coroner Maxwell had pro-
ceeded with alacrity to serve the summons
in his capacity as sheriff. But the decision
represented a stalwart blow at the Dudley
bulwarks.
While the clerk used one hand TO thus
used the other to mollify him, for he con-
tinued, according to the dispatch, to issue
subpoenas to Dudley. If a committee of
night they would have decided, probably,
that the act of Clerk Taylor adds new
complications and uncertain consequences"
to the case.
COURT MAY ACT.
A Qualification of the tangle, or at least
a preparation of it for possible Qualification.
may come tomorrow when Judge Harris
reconvenes the Sullivan county court. He
may decide whether Dudley is the sheriff
or not He may do this by passing on the
validity of his return on summonses or
subpoenas, if any one raises the question.
Probably no one will, for Sullivan county
is almost solid behind Sheriff Dudley. The
| prosecuting attorney is looked on, from
| here, as the one who is most likely to
| question the sheriff's right to serve
the court process, but there is no
information here that he will do
So though he is regarded as a man
| who is not afraid to raise such a question.
If Judge Harris should recognize Coroner
/ Maxwell as the sheriff ex officio, Sheriff
Dudley would probably begin a suit to
determine his rights. Again he may not.
| and he is prepared to make settlement
with the county. That would put it back
into the hands Of his friends, the County
Commissioners, and they might pay him as
| the de facto sheriff.
According to information and documents
sent here Sheriff Dudley has enlisted the
aid of his neighbor. Sheriff Louis c. Sum-
/ nit, Of Knox county. Mr.. Summit has sent
out circular to county sheriffS principal
/ ~, and to some of Dudley's friends, in
which he says Dudley has been almost
| financially ruined by the expenses of his
defense and that he needs aid. He sug-
gests a contribution. SAY $40 or SIS
Dudley will attack the law, if he gets
| into court, on the ground that the pro-
vision deriving sheriff of office because
a lynching occurs which he did not prevent
after having, the prisoner in his custody is
taking his property without due process.