Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-21
Prosecutor, Judge and Jury
Accused of Conspiracy.
CASE AGAINST GEO. B. cox
Judge Dickson Asserts That There
Was a Plot.
HUNT KEEPS ON IN HIS FIGHT
Takes Steps to Have the Matter
Considered in a Higher
Court.

CINCINNATI, Ohio, May 2O-In order
ing the perjury indictments against
George b. Cox quashed Judge William T.
Dickson today made sensational charge
against a fellow judge OF the court of
which he is a member. basing this upon
the circumstances under which the last
perjury Indictment was returned and the
attempt made to send 1t to Clermont
county for trial.
"The undisputed evidence shows"
Judge Dickson said, that the grand jury
and the prosecuting attorney and the
judge of the court. Frank NJ. German. en-
tered into conspiracy deliberately to
deprive the accused of his constitutional
rights and to have him rushed to Batavia.
Clermont county. Ohio. without any hear
ing whatever.
1.-The affidavits Of Mr.. Hunt are long.
Thus it was impossible for Judge German
to have read or have heard them read,
as the law requires. The whole transac-
tion did not occupy five minutes. 1t is TO
be hoped the grand jury were innocent
and misled and were not parties to that
conspiracy"
Judge Dicksons decision was ex-
haustive as to the points of law and
elaborate on the findings Of fact.
0LepS 4akcn 1OI Appeal.
Immediately after the decision Prose-
cutting Attorney Henry T. Hunt took
steps to have the case appealed TO the
higher court, his object being to pro-
long the life of the indictments and
force Cox to trial on charges Of per-
jury.
Practically, Cox is free by today's
ri ri nf Ind n{clxu ha
only hope of the prosecutor is Oh
tanning a reversal of that decision on
grounds Of error sufficient to allow him
to present the alleged facts t, some
subsequent grand jury for new in
dlctment If he fails in his appeal,
however, today's decision will operate
to prevent this, in that Judge Dickson
found the perjury indictments returned
last February and March defective in
substance.
Prosecutor Hunt IN a formal state
ment declared Judge Dickson's action"
was no surprise to people of this coun-
ty. His decision is not the law, he
said. and will be held erroneous by the
supreme court Of Ohio. s--.
Hunt Seeks Mandamus.
Immediately after he had digested the
text of Judge Dicksons decision Prose-
cutOr Hunt went De1Ore Judge Samuel
Smith In circuit court and applied for an
alternative writ of mandamus, directed
against Judge Dickson, requiring him to
show cause why he has not made an
entry Of the prosecutions intention to
choose upon which indictment Cox should
face trial.
Hunt has claimed that this Is neces-
sary before the time of any trial of Cox,
while the court has held otherwise Mo-
tions and affidavits for a rehearing of the
plea IN abatement also were filed by
Prosecutor Hunt The motions were to
meet the part Of Judge Dickson's decision
which holds that the indictments against
Cox are absolutely void because Cox was
a witness under duress before the grand
jury in 1906 and that he was thus In ef-
feet testifying against himself.
The afhdavits are in support of the
motion. Every point made by the court
is attacked. Hunt asserts that Cox. in
appearing before the grand jury, waived
all his constitutional rights. He also
claims Cox knew beforehand what was
the subject of grand jury inquiry