South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-03-13

In a statement to the court by
Pros. Schwartz. upon the failure OF
Sheriff Duck to find chief OF Police
Kline. wanted by The state as a wit
ness to clear Up the discrepancy IN
the evidence taken from Barrett's
place last September and the evil
denee introduced by the police at
the trial. the prosecutor recounted
a conversation between Chief Kline
and himself Monday afternoon in
which Chief Kline approached him
and asked that he dismiss "A number
OF liquor cases. including the one
then about to go on trial against
Barrett.
You want me to dismiss the
cases. I suppose. was the prosecut-
or's reply TO the chief. 80 that YOU
can run around and tell how use
less il is TO arrest bootleggers. etc.
because the prosecutor always dis
misses the cases. That has been the
game OF the city hall crowd. lots OF
arrests. then requests for dismissal,
or no evidence, and then the pros
ecutor's Office takes the blame"
The chief answered ooh no, we
Will just start all over again with
"a clean slate. Tell me what YOU
want. and I'll get it for you; any
body you want" The prosecutor am
a aee.srf o.
want anybody, only that violators OF
the law should be tried and con-
victed. If possible, and that thera
was apparently evidence enough
upon which 10 try the cases in ques-
ton 50 that ne was going 10 try
them. hardly suppOsing that within
seventy-two hours he would go up
against this evidence switching pro-
cess. very evidently calculated to
thwart him in his determination to
let a jury decide Barrett's guilt.
Caused Sensation I'm Court
Discovery OF the switched" evil
dence caused something of a sensa-
ton I'm the superior court, when
made from the witness stand. Pros
Schwartz openly accusing Chief
Kline, or some other person in
charge of the liquor at the city Jail.
with deliberately perpetrating a
fraud. w. G.. CrabiU one of counsel
for Barrett rushed promptly TO the
rescue of Kline with much well
staged grief. that ne should be ac-
cused OF such an Offense. He had
never heard of such a thing in the
annals OF the court. OF course, he
was certain that there was no whis-
key in the bottles when taken from
his client 81 the time of his arrest.
Mr.. Schwartz statement followed
disclosures made from the witness
stand by police officers themselves
that the evidence then in court was
not the same evidence that had been
taken by them from Barretts place
last September.
Sergt Benjamin TT. Roberts testi-
fed that the contents Of the bottles
did not smell like whiskey. but when
Detective Horace Hamilton. who
was with Sergt. Roberts when the
raid on the Center 81. Owl was made.
and who assisted Roberts in carry
ing the whiskey taken from the Bar
rett place to the police station. testi-
lied, IL became apparent to those in
the court room that something was
radically wrong.
Hamilton CorrobOratcs Roberts
Detective Hamilton declared fatty
that he had taken a drink on the
night il was taken from Barretts
place from the one-gallOn glass con-
tainer introduced as evidence at the
trial. and that the liquid il now con
tanned was not the same kind of
liquid that be had drunk from il on
the night in September when ne and
SerEt Roberts were carrying 10.
along with the other evidence taken
from the Owl. 10 the police station.
Detective Hamilton said that what
he had drunk on the night of Bar
rett's arrest was whiskey. he said
that what ne drank from the same
glass cOntainer in the court room
Wednesday afternoon was not whis-
key.
Detective Edward Mccormick
who was with Sergt. Roberts and
Detective Hamilton at the Owl when
Barrett was arrested, also declared
fatty that what was contained in
bottle found by him back of the
sunday" bar at the owl on the
night In September was not the same
now as 1t was then. lie testified
that he had taken "a drink out of
the bottle then and that what he
had drunk was whiskey. He de-
clared that the contents OF the bot
tie I'm the court room as evidence
was not whiskey.
Sergt. Roberts and the other pO-
lice officers testified that they had
taken three gallons Of whiskey from
the Barrett place on the night of
Barretts arrest This whiskey was
contained ia several quart bottles
IN addition 10 the one gallon glass