South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-13

/ LhS III tiAiiiAiidAg AeeiiAh were ttt ieN
out Hess pulled the string for a
grand whitewash, last January,
which covered up a number of mis-
understandings" regarding Sheriff II.
II. Hogue during his previous term
Of office.
Would Repay Political Friend.
AS "A result HOgue was reelected.
To compensate Hess. a close friend
of the sheriff the warrant for the
| arrest of Hess was taken from the
hands of Deputy Martin OF Niles by
| the sheriff, who said he would serve
the warrant The sheriff made the
, return on the warrant about 10 min
utes before the case was called.
The affair finally come 20
hearing and Pros. Atty John J.
Sterling. a close friend of Hess and
the sheriff. made a beautiful plea
for the defense, despite the evidence.
and asked the judge to dismiss the
case. Regardless of the prosecutors
instructions to the justice he held
in favor Of the complaining witness
and bound Hess over TO the circuit
court which convenes in September.
Pros Sterling criticised the Justice
for his findings since they did not
conform to his belief. but the JUS
tice failed to adhere 10 the prose-
cutors remarks and stood firm in
his judgment
During the trial before the jus
tice. Atty. c. P. O'Hara appeared
for the complaining witness, but ac-
] fv,f
given but little chance TO speak for
his client. During the first day the
prosecutor failed 10 even speak TO
the complaining witness regarding
the case, and on the second day did
not give Atty. O'Hara an opportua-
ity 10 question the witnesses in the
usual manner
Means to Continue Course.
Pros Sterling states that ne in
tends 10 conduct the trial before
| Judge White in circuit court the
same as in the court below, with
no prejudice for either party" He
also said he would handle the case
for the complaining witness alone
without the assistance Of Atty.
OHara, who appeared for Birk-
|
ing The prosecutor insists he is
within the law in the matter and is
not compelled TO allow the com
planning witness TO furnish legal as
sistance in addition to himself I'M
less he so wishes.
Sterling also declared the law
gives him the power 10 conduct the
case alone without the assistance
of counsel for the defense. thereby
representing the complaining wit
ness and defense also. He says he
is not supposed TO endeavor to con-
vict the defendant If he believes he
has committed no crime. and from
the manner in which the case has
been handled in the past by the
prosecutor, the people have been as
sured that he accounts Hess not
guilty.
Judge Admits Prejudice.
The Hess case is set TO come be-
fore Circuit Judge White next Sep
TENDER. Judge White is well &C
quainted with Hess since the latter
was a warm friend of the judge and
"A supporter of him during his cam
paign. and only a few days ago. in
the presence of a number of wit
ness. expressed himself as preju-
diced in Hess favor. Both men are
prominent in the republican ring
and unless a change of venue is
| granted. little hope of conviction is
expected
According 10 the complaining
witness, Birkholm, he viii, through
his attorney. O'Hara, former prose-
cutor. appeal TO the attorney gen
eral and ask that a special circuit
Judge be appointed and that the
prosecutor be replaced by another
attorney unless he voluntarily does
so.
In an attempt 10 whitewash the
note raising proposition which the
! complaining witness swore was the
work Of Hess. done without his con
sent and with fraudulent intent. di-
rectors Of the bank passed resolu-
tions in which they expressed their
confidence in their presidents
honesty. and branded the case as an
attempt by those interested. TO mo-
lest Hess through personal ami
mostly"
Sheriff il Whitewashcd.
Machine harmony among the re-
publican officials was plainly dealt
out at the meeting of the board OF
supervisors held in January when
Sheriff Hogue was charged with
having collected funds for which he
was unable TO account
The board. Overwhelmingly re-
publican. decided in "A plain white
washing manner that a thorough
investigation" of the sheriff's office
should be made. a motion was
made by Supervisor Hess. Hogue's
trusJy which stated that a commit
tee OF five be appointed by the
chairman 10 probe the matter. and
make such recommendations as the
committee in their judgment might
see Mt
The motion passed and a COM
mittee OF five. three republicans and
two democrats. was named. Author
itative information led 10 the fact
that the sheriff's investigating COM
mittee had been picked" before
the supervisors held their meeting.
IL later leaked out that Sheriff
Hogae informed Chairman r. r.