The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-03


The report was read by Mr.. Spaan. It
was as follows:
On May 2s. about 1890 a. m. the COM
mittee on investigation and impeachment
met I'm Mr.. Wynne's office, 4S Monument
place, third floor, for the purpose of dis
cussing the matter of retaining or discharg-
committee. All Of the members OF the COM
mittee were presently. A. Wynne, +. w.
Expert and M J; Shea. ~ NJ
asked him to meet the committee, and Mr..
Noel came over as requested, and was asked
relative to the report that he had been to
st. Louis with Earl Martin, who was then
In the employ of the News, and had ar
ranged to hire the detective known Smith.
Mr.. Wynne said: "Mr. Noel, / learned last
night that Mr.. Hilton U: Brown. OF the In
who was then an employe OF the lndlanap-
oils News. to go to st. Louis and make ar
engagements with the detective called MT
Smith to come to Indianapolis, and that you
went with him, and that while there you
and Mr.. Martin talked with Mr.. Folk and
the man known as Smith, and that upon re-
turning to Indianapolis yeu reported TO Mr..
Hilton u. Brown, and that he told Mr.. Mar
tin to telegraph Mr.. Smith to come to In
dianapolis and report to you. Mr. Smith
telegram and went directly to your Office.
Is this a fact?" Mr.. Noel answered Yes"
Mr.. Noel also stated that he had been In
communication with the alleged Smith ever
since he had been here and knew at all
times what he was doing. He stated that
ii was not a crime to offer $500 to Mr..
Logsdon for the privilege of putting in the
slot machines. He stated that If the offer
had been made to a member OF the Board
of Public Safety, that then 1t would have
been a crime. Mr.: Expert then asked Mr..
Noel why he had gone to Mr.. Logsdon
with this proposition instead Of to some
member of the Board of Public Safety. and
Mr.. Noel answered that he considered Mr..
Logsdon the go-between and the chairman
of the Republican committee.
Mr.. Expert asked who was going to pay
Mr.. Smith for his services here. and Mr..
going to pay the expenses. Mr.. Expert
asked Mr.. Noel If he was associated with
the Citizens League in the prosecution CT
this case under investigation, and Mr.. Noel
said that ne conferred with them.
Mr.. Expert asked Mr.. Noel If he was the
author of the telegram relative to the slot
that he was not. but that ne knew of the
existence of the telegram. and knew that
it was sent to New York and from there
Mr. Ennert asked him II he did not consider
that a forgery. and he said he did not.
Mr.. Wynne asked Mr.. Noel why he did
not take the committee into HIS confidence
and tell them he was going to st. Louis to
hire this detective. and he answered that
he did not have time to tell this committee
of his plans. Mr.. Wynne stated that the
committee had shown its absolute conf
dence. in him. had signed subpoenas in
blank, which he had used as he pleased
without telling the committee whom he in
tended to subpoena, which Mr.. Noel said
was true, and he also acknowledged that
the committee had shown him every cour-
tesy. and he had no complaint to make.
Mr.. Noel stated upon Mr.. Smith being
arrested that Smith went all to pieces and
acted like farmer, and gave up informa-
ton easily, and that he, Mr.. Noel. was sur
prised at his actions.
Mr.. Expert asked il the first person Mr.
Smith asked for after his arrest was not
Mr.. Noel. and Mr.. Noel smiled and said
Mr.. Smith went all to pieces.
REPORT SANCTIONED BY SHEA.
Q.-That is the report you sanctioned.
Mr.. Shea. and that you gentlemen got up?
Ayes. sir.
Mr.. Spaan.-That is considered in evil
dence.
Mr. Duncan.-It has been read In evil
dence.
Mr.. Spaan-Yes, sir.
The State rests.
Mr. Smith.-If the court please, we now
move your honor to discharge the prisoner
for the reason that the State has not
made any case or shown any act or con-
duct of this defendant that is in violation
of any law of the State of Indiana and
on that / wish TO be heard.
Mr. Spaan.-That is not a proper motion
to make in criminal case.
Mr.. Smith.-That is a practice that has
been followed many years.
Mr. Spaan.-By you, Mr. Smith.
Mr.. Smith, propose, with your Honor's
permission, to argue that motion.
Mr.. Spaan.-Mr. Smith never heard of
that kind of practice in a criminal case.
Mr.. Smith, have.
Mr. spaan.-If they want to present evil
dence that Is their business; they can do
that. and then they can make this same
motion; but IL will be the final motion in
the case. They have no right to make this
kind OF a motion upon a preliminary hear
ing. and the only authority that Mr. Smith
can find for IL is Mr.. Charles w. Smith.
Now insist that Mr.. Smith before he in
dulges in any such gambols show your
Honor some authority.
Mr.. Smith.-we have made the motion.
insist II is legitimate practice. and il Is
not an uncommon practice In courts. IL
does not often happen I'm this court from
the character of cases your Honor In hav-
ing but there are authorities I'm Indiana,
and IL the court overruies II can stand
on my exception.
Mr. Spaan.-This II simply an attempt
to find out how your Honor feels on the
States case without introducing their evil