The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-06
POLICE GUARDED DOOR
REFUSED TO ADMIT ANY ONE SAVE
DEFENDANTS TO COURTROOM.
Sheriff and Deputies We're Ready
to Serve CapiaSes Police May
BE Fined for Contempt.

In the Police Court yesterday afternoon
when the Toomey pooIroom cases were
called for trial an exciting clash took place.
Deputy State Prosecutor Ira Holmes re-
fused 10 prosecute the cases, because he said
he had not had time to prepare the evidence
for the trial, and Judge Whallon insisted
that the cases be heard at once, as the de-
fendants were entitled TO an, immediate
hearing and had demanded one.
Prosecutor Holmes said he had no inten-
ton Of prosecuting the case at that time,
and furthermore stated that If IL was the
desire OF the court it could dismiss all the
cases without further delay. Judge Whallon,
however, firm in his stand that the
cases Should be heard in the regular way,
and on the refusal of Mr.. Holmes to pros
ecute them he appointed Gaylord Hawkins,
former deputy city prosecutor. TO attend 10
the States side in the Police Court. and the
cases were continued until this afternoon,
when they will be heard.
wHALLON IN EARNEST.
In speaking Of ne exciting session ~ the
court yesterday afternoon Judge whaSe4-
said: IT is my intention 10 give the men
arrested on the charge OF visiting Toomey's
alleged gambling place fair ard proper
trial. and If 1 find that they are guilty OF
visiting n gambling house they will be SEN
fenced or fined, as the case may be; but I
do not intend to let the police department.
dictate Che policy of the Police Court. The
Police Court has original jurisdiction over
all the cases, and the action OF the grand
jury In returning indictments against these
men before they were given hearing I'm
the Police Court shows plainly that there
was collusion between the state prosecutor,
John Ruckelshaus, and the police depart
ment in which it was the intention that
Ruckelshaus should receive IS fee from
each defendant and the police department
under the present administration should be
covered with glory
GRAND JURY CRITICISED.
THE action OF the grand jury was entire
ly without precedent, as it has always been
the custom TO attend TO the cases which
were rernanded TO jail before looking after
those who were released on bond The lis
cases on the first raid of Toomeys poolroom
will net the prosecutor s575 for his own
pocket If he secures conviction OF all the
men, and naturally he desires to make a
sure thing of them. Superintendent Kruger
is acting, / suppose, under orders from
higher sources and cannot be blamed for
allowing himself TO be made tool OF the
administration, and the same applies TO the
l.
When the cases were called Captain
Boylan. Superintendent Kruger and several
sergeants stood at the doors of the court
room and refused admittance 10 any one
except those who were defendants and at
the time / supposed il was out OF considera-
ton for the people who were being tried
that they issued those orders. so that all
the defendants could be seated before the
spectators were allowed in the room. Later
IL developed that the sheriff, with a number
of deputies, was outside the doors with war;
rants for all the defendants and I'm case /
had dismissed the cases, as the prosecutor
suggested, the defendants would have been
arrested en- masse in the Police Court room.
POLICE HID THEMSELVES.
"As soon as appointed Gaylord Hawkins
to prosecute the cases for the state and
called for the witnesses found that Cap
tain Boylan. superintendent Kruger. the
detectives, all the b.cyclemen and every
person connected with the police depart
ment excepting the desk sergeant had left
the premises. They stayed away until
court was over, leaving the entire police
station in the hands OF one desk sergesnt,
and the witnesses who had been refused
admission TO the courtroom by the police
had gone to their homes. The case VIII be
heard this afternoon and / will have the
witnesses all there IL II is necessary TO
send half OF the police department. TO jail
for contempt OF court. The Police Court
shall not be made a playhouse for political
schemes nor a mart for personal gain. and
Il
run according 10 my views and not I'm con-
cert with the whims OF the heads OF the
police department who are acting under
orders from their political superiors"
The attorneys for the defendants went
to Judge Whallon after the second raid by
the police on Toomey's poolroom and sug-
sested that the cases be heard at once as
there could be good derived from long
delay. II the poolroom was in open viola
ton of the law IL the desire OF Mr.
Toomey TO know IL. and he would then
close uD the business. the attorneys said.
Or the strength OF that statement IL was
arranged to hear all OF the eases i'm the
first raid yesterday afternoon.
MAY FINE THE POLICE.
Judge whallon said II was not his de-
sire TO cause any friction between the Po-
lice Court and the police department.. but
he wanted IL understood that his court has
original jurisdiction over the cases and
that the police department has no right 10
dictate the policy OF the court In disposing
of the cases. There was no reason why
the State could not have been prepared TO
try the cases had IL been disposed 10 do So
and IL was the fault OF the prosecutor that
they were not ready, not the fault OF the
court. according TO Judge Whailon's point
OF view.
When Superintendent kruger found that
the cases were TO be tried IN spite OF his
wishes TO the contrary, he and his captains
and all the witnesses for the police depart
ment mysteriously disappeared. IL IS said
they hid I'm the cellar OF the police station