The Sentinel=record., 1913-01-18
CIRCUIT JUDGE GOTHAM
 TAKES UP SPINDLE CASES


 ments,
 Fox was yesterday served with Bubpoenas to answer the $25, 900 damage to character suit filed against him by Arthur Slavin, manager of the Indiana Club, and who is one of the accused in this case. Counsel for Fox takes the filing of this action in no serious manner, and declares 1t will be properly answered when the time comes.
 The county court room where Jus tice Hinton opened the proceedings was crowded to almost suffocation when the case was called, and there were many strange races in that mot ly gathering. Two well known young men well acquainted with tAe politics of the city, reviewed the audience and estimated that probably there were 20 actual qualified voters pres ent. One counted and found 19 Part of the audience was made up from the gambling house habitues, now closed, and who huve intense inter est fin the situation.
 There was a general craning of necks when Deputy Sheriff Wownen brought Joe Aberly and Big Charlie Wilt in the room. Both were soon identified in the minds of the audi ence as men they had seen about the streets and in the gambling houses frequently.
 Arthur Slavin. who is at liberty under bond, came in company with a party of friends, but took seat among the others accused.
 The state was represented by at torneys Martin and Wooten and John Hickey of Terre Haute, both Prosecu- tor Witt and Deputy Wilmington be ing interested in the trial of the Johnson murder case on the floor above. Attorneys Huff, Leslie and Ryan represented the defendants.
 Attorney Martin arose and asked the justice to issue an order duces tecum for the managers of the tele- graph offices in Hot Springs to come into court. The order carries with 1t an order to bring certain records. Following this action, and when it appeared the case would proceed. At torney Martin asked the sheriff 10 call Charley Bryan. It was explained by counsel for the defendants that Bryan had gone after some authori- ties. Mir .uartin remarked it was strange that a witness for the state would be sent on an errand for the defense, and asked that an attach ment be issued for him, which was done
 At this stage Of ,ae progress ot the hearing Mir. Martin called Frank Fox. the main prosecuting witness, to be sworn preparatory to taking the stand. There was squaring of posi- tions among the crowd for comfort to listen to the story this man had to tell.
 Wait a minute" suggested Judge Leslie for the defense. Which one of these cases are we to have heard urst?"
 MT Martin suggested that they were about to proceed with the hear ing of all the three jointly, as the same charge prevailed and the same evidence covered the three cases.
 Judge Leslie objected, and stated that the defendants were entitled to a severance of the cases so that each should be heard separately.
 MT. Martin insisted that this was the first time since the Buckfoot fake loot race cases in which a sew erance had been asked in prelimin- ary examination of this nature. He argued that it was Judge Leslie who represented the defendants in the foot race cases when 1t was attempt ed to separate the cases, some 10 or more, and Judge A. M. Duffie, circuit judge, sitting as a magistrate for the hearing. overruled the motion and tried all the defendants as to wheth- CT they should be held or released. MT. Martin explained that at the con clusion of that hearing Judge Duihe released some of the defendants and held others. and that similar pro cedure should exist in this case.
 Attorney Hickey of lndianapolls' argued in brief the points urged ny Mir. Martin, and submitted that the preliminary examination should GOV or all the defendants in custody.
 Judge Leslie read from the statute wbere in the circuit court men mdi- cted jointly for an offense had the ripht to trial separately, and he argu- cd that the same rule applied Tn the flower courts, where no specihc rue in opposition applied to the case