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

tt'-.A hNA- AHfA 1T over 10 NnAtA Mine
and that IL had been placed in the
closet in the chiefs Office. All OF
the officers testified that they did
not have keys 70 this closet. that
the only key 70 it was held by the
chief
Cassidy Gives Testimony.
Asst. Chief OF Police Cassidy was
placed on the stand by the state in
an effort 20 get at the reason for the
transformation OF the contents of
the evidence bottles and container
The assistant chief declared that
he did not have a key to this closet.
He said that up 20 three months
ago he and the chief both had keys,
but the chief had put a new lock on
the door and as far as he knew the
chief was the only one who had a
key 20 the new lock
Under the examination OF Pros.
Schwartz, Asst. Chief Cassidy de
clared that once a mistake in evil
dence had been made by police in
the trial OF a liquor case in the city
court, but details of this mistake.
or the bringing out OF the fact as
TO whether it really did occur was
prevented by q ruling OF the court.
Earlier ia the afternOoE. lmmedi-
3tcly after Detectives Hamilton and
Mccormick had testified that the
liquid then i'm court as evidence was
not the whiskey they had taken
from Barrett's place and of which
they had drunk on the night OF Bar
rett's arrest Pros Schwartz had
subpoenas issued for Chief Kline and
Asst. Chief Cassidy. Sheriff Duck
Immediately began a search for the
Two police heads. Cassidy was
found bat no trace of Chief Kline
was discovered in spite of the fact
that two deputy sheriffs mounted on
motorcycles secured the city
Wanted Time 90 Find Chief.
Failure of the sherims Office to
locate the chief prompted Pros.
Schwartz 10 make his statement to
the court. The statement was
rather i'm the nature Of a request
for time in which to find the chief
During the statement Mr.
Schwartz told the court what he ex-
pected TO prove by the chief He
said that he might show by him a
motive for the transformation from
whiskey into nOndescript brownish
fluid of the evidence. His recount
ing of the conversation between
himself and the chief Monday after
noon in which the chief had asked
for the dismissal of the liquor cases.
including the one pending against
Barrett, was made 10 the judge to
make plain the position of the state
Judge Jones, however, did not an
pear 10 feel disposed TO wait for the
chief. After listening to the OBJ
jeetiOns of w. c. Crabill. counsel for
Barrett, to the statement Of the pros
ecutOr. the court declared that he
would take the case from the jury.
He declared that ne felt that an
injustice would be accorded the de-
PENDANT if the case was allowed to
go 10 the jury. He declared that it
was very evident that fraud had
been practiced and that the police
department had imposed on the
court as we'll as on the prosecuting
attorney.
Orders AcquitaI Verdict.
cit is a shame that the police de-
partment will take UP the time of
the court and of the prosecutor with
such evidence as this" ne declared.
The judge prepared a verdict of
acqWtal. and ordered the bailiff TO
bring in the jury which had been
excused during the statement of
Pros. Schwartz. The judge then
chose George J. Birk. one or the
jurors. foreman Of the jury and in
structed the bailiff TO hand Mr.. Birk
the verdict with the request that he
sign il. This Mr. Birk did. and the
other Il jurors nodded their assent.
That some of the jurors. however.
did not agree with the judge in his
decision 10 take the case from them
was evidenced after adjournment of
court. several OF them cOnversing
in front of the court house taking
the position that they should have
been left 20 decide the case on the
evidence OF the officers which they
seemed to regard as convicting. One
of them admitted. however, that he
might have been prejudiced against
Barrett, and in favor OF the four Of
hcers, because Of the trick that their
superiors had played on them, the
court, and the prosecutor, yet felt
there was evidence TO convict with
out the bottles.
Barretts case was taken TO the
superior court when Barrett asked
for jury trial in the city court, it
being the policy of the prosecutor
not 10 try liquor cases by jury in the
lower court. The jury was not fully
selected until 1890 o'clock Wednes-
day morning. although the impanel-
ing began at $50 o'clock Tuesday
morning Sometimes between Sep
temher and yesterday the liquor in
Il e.