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

nue., e ,. Parker, e Indiana avenue. w.
Allen IS Indiana avenue; @. A Lickford.
Indiana avenue; @. I. Bedford. Indiana
avenue; j. b, and 8. c. Wort, Indiana
nue.; Seth BEEN, Indiana avenue: J.. +.
Whitson. police. Indiana avenue; w. j. lay
hire. Indiana avenue; Charles Lumbuter.
avenue; T. c. and s. c. Lewis. 27i North
Alabama street.
MIR. Hoffman has had much to say re-
Gently about Indiana avenue Here Is an
Indiana avenue case. with ample evidence.
which remained on his docket for nearly
two years. In July. 1892. when he was be-
ginning his campaign for reelection, II was
stricken from the docket by him without
action.
THE McANN CASES.
ION the seventh OF November. 1893. one
Michael Mccain pleaded guilty In five cases
for Sunday violation of the liquor law. and
was punished as follows. as indicated by
Criminal Order Book 2s. at page sls:
State of Indiana vs. Michael Mccain.
ZSol5 2S6l6. 23elS, 1892. Selling liquor on
Comes now John w. Hoffman. prose-
cutlng attorney, comes also the defendant
IN person and by counsel, defendant. now
IN open court, valves arraignment, and
pleads guilty, and the court being advised
and by the consent and motion OF the
states attorney, defendant is released on
his bond in the sum OF one hundred $500
dollars, in each Of the above named and
numbered cases
THAT is to say. although he pleaded
guilty. he was not punished at all. thus
further reducing the remarkably small
record OF actual convictions obtained by
Mr.. Hoffman.
THE WAGNER & O.BRIEN CASES
Peter Wagner. Democratic South side
saloon keeper. was convicted IN the City
Court in two cases, one for Sunday viola
ton of the liquor law and one for inter-
fering with an officer. The cases C2sss7
and 23971 were appealed and docketed
April and 6, 1894. and were indefinitely
postponed and prosecution dropped.
Dennis j. O'Brien. a Republican,
convicted in the City Court of Sunday vio-
lation and appealed TO the Criminal Court.
His case (23gg9) was docketed Sept. IL. 1894.
and tried Sept. Is. 1894. and there was q
finding OF not guilty. There is no reason
why O'Brien should have been tried four
days after his case was docketed, and WaG-
ners case allowed to drop
VIOLATED THE LAW.
ION July 1, 1893. one case against VIM.
Eden, commonly known IS Goose" Eden.
employed by Sim Coy, and four cases
against the latter, all for Sunday violation
of the liquor law. were on the motion OF
the prosecuting attorney. nolled and dis
missed. The statute (Sec. 1872, Burns Re-
motion for an order of nolle prosequi-'lt
must be i'm writing and the reasons there
of must be stated in sucn motion and read
I'm open court before such order is made
1.-The prosecuting attorney in making this
motion failed to comply with this statute
by failing to assign any reason Tor the
ton recorded in Criminal Order Book, page
l07-10S. is as follows:
July 1, 1s93-Comes now John w. Holtz-
and ha
court to enter a nolle prosequi in the fol-
9o9l7. State VS.. George Neal: selling
2iSi5. State VS.. William Eden: selling
liquor Sunday.
2l95l Simeon Coy; selling liquor on Sun
day.
2is5e State VS. Simeon Coy: selling liquor
on Sunday.
1854 State VS.. Simeon Coy; selling
liquor on Sunday.
signed JOHN W. HOFFMAN.
Prosecuting Attorney.
land the court having considered said
motion, sustains the same and orders that
these causes be dismissed and stricken from
the docket of this court and that said de-
PENDANTS be discharged from the eindict-
ments herein and that they go hence with
out a day.
WILLARD r. cox
A DAY > RECOhD.
1.-The court records show the following
cases appealed from the City Court and
docketed on the 10Th day of March, 1894:
mo. 1882, against Daniel w. Hurt for
visiting gambling house: This case was
indefinitely postponed and never brought
| to trial
"No $685. against James r. Reynolds,
| for Sunday violation. Defendant was tried
April 2 1894, and found guilty and fined
| SIS and costs
mo 2ss55. against James Padden. for
s q@n" l ss4ia There was finding Of guilty
| and fine of SIS.
mo 2S957. against Frank Hurt, for visit
| ing a gambling house. This case was In
| definitely postponed and never came 10
mo. 1885, against Thomas Scott, Will
| liam Davis. Ounce Wheat, Harry Wanna
BILE and John Allen, for visiting gambling
house. The case against these men was In
definitely postponed and never came to
| trial
| Kerins, appealed from Habich. Justice or
| peace, No 1889, and docketed one day
| later was tried April q. 1884, and there was
| finding of not guilty.
why the gambling cases were not tried
| the record fails to disclose.
IN CONCLUSION.
"Citizens who lived I'm Indianapolis ten
years ago do not need TO be reminded OF
the fact that while Mr.. Denny, Republic
can, was mayor and Geo. w. Powell chief
of police, a strenuous effort was made 10
enforce the liquor laws. but that John w.
Hoffman, as prosecuting attorney. used
| his official position to defeat the efforts
| then made TO enforce these laws Saloon
| keepers and gamblers convicted In the city
! Court had only to appeal to the Criminal
| Court, and give bond TO go scot Tree.
| The record given above bears out the state
ment of this fact, at that time notorious.
To-. fnur
| gotten. Mr.. Holtzman as the standard
| bearer of a great moral crusade: backed
| by the News, which condemned him while
| In office; by Mr.. Reach, who has long
been the procurer for the Democrauc party
| OF this most vicious element; MT Martins
| dale, who is always a 'sore-head' when ne
cannot get a nomination, is sumctent
| principled attacks upon the able admins
| tration of Mayor Bookwalter. 49,.
This report would not be complete with
| out reference to the extra compensation
| which Mr.. Hoffman is accused or taxing
| while prosecuting attorney. His action mas
| been defended upon the ground that otncf
| prosecutors, both before and afterwaro.
did the same.
Nevertheless IL is the opinion OF many
| unbiased persons that neither Mr. Hoffman
nor the other prosecutors were iawfuiiy
| entitled to this extra compensation In the
| case of Mr.. Hoffman particularly the facte
| do not reflect credit upon the recipient.
| inasmuch as he refrained from asking Tor
| this extra compensation until he had been
| elected 10 a new term ana then induced the
| County Board to vote IL TO him for the full
| four wears; and further. because IL was not
used TO pay a deputy In the Criminal
| Court but as extra compensation 10 him.