The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-10-15
Charges Attorney John F. Rob-
bins With "Butting in"
Where He Had No Business,
But "Reminiscences 1t.
PROSECUTOR EXPECTED
TO MAKE CHARGE SERIOUS
Johnson Leaves Court Room
In a Huff, Because Jessup
Would Not Keep His Agree
ment in Prosecution.

There was considerable excitement
in the circuit court this morning
Prosecutor Jessup stated to Judge Fox
that he had decided not TO arraign Ber-
nard Green, the colored boy who acted
in an indecent manner toward Hazel
Harris, the three -year-old daughter OF
Mr.. and Mrs. Charles Harris. on
charge of assault and battery until he
had further considered the case. Mr..
Jessup explained that Attorney John
F.. Robbins had called his attention TO
a statute which provides that any
male person, who by his actions shows
that he has an intent to commit a
criminal assault on a female under the
age of fourteen years is as guilty OF
the crime of criminal assault as though
he had actually committed the assault.
After Mr.. Jessup had made this
statement to the court Henry U. John
son. attorney for Green, charged Mr..
Robbins with ''butting into a case in
which he had no business and de-
nounced Prosecutor Jessup for break
charge of assault and battery, which
in case he was found guilty, would
mean only a Jail sentence. Mr.
Johnson concluded by informing the
prosecutor that he could file any
charge he wanted and be d. This
breach of court etiquette was ignored
Mr.. Robbins took the floor after
Mr.. Johnson had concluded his fiery
remarks and stated that he had no In
tention of putting into" the case IN
fact he had studiously avoided doing
so, explaining that the parents of the
Green boy had solicited him to defend
him, but that he had reused to do so
owing to the nature of the crime and
the evident guilt of the accused Mr..
Robbins stated that while he was ex-
planning the statute in question 70
newspaper men Prosecutor Jessup had
Joined the group and had overheard
Mr.. Robbins argument that green was
plainly guilty of criminal assault Mr.
Robbins stated that the prosecutor had
asked him to show him this statute
and he had done So
Statement by Jessup.
Prosecutor Jessup followed Mr. Rob-
bins with statement to the court
that as prosecutor he was aways ready
to receive suggestions and that Mr..
Robbins had done as any attorney had
a perfect right to do and that he was
under obligations to Mr.. Robbins for
showing him that there is a possibility
of charging Green with a higher crime
than the prosecutor had contemplated
charging him with. Mr.. Johnson
then left the court room in a huff.
Mr.. Robbins. after Green had been
ordered returned to the county Jail. ar
gued with Prosecutor Jessup that there
is evidence in the Green case which
can be construed to the effect that
Green had contemplated criminal as
sault. and was therefore guilty of d
criminal assault. He stated that the
prosecutor should not PREJUDICE man.
1t is the duty of the prosecutor Mr..
Robbins stated. to file the highest
charge possible against Green and then
leave it to the jury to decide whether
or not Green is guilty of intent to
commit criminal assault Prosecutor
Jessup argued that he almost felt con-
vinced that Green had no intention to
commit a criminal assault on the Ha.-
ris girl and for this reason he hesitat-
ed in filing charge of criminal assault
against Green. Other attorneys then
Joined in the argument and all Of them
expressed an opinion that the prose.
cutOr should not prejudge as to wheth-
er Green was guilty of criminal as.
sault or just assault and battery. They
said that the prosecutor should leave
this point to be determined by jury.