Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-11-05
TELLS WHY HE
SENT PALMER
BID TO COURT
Will Find Out If Attorney
General Can Suppress EYi-
dence, Judge Says.
LAWYERS SUMMONED

'T am going to hn6 out If an attorney
general has the power to suppress evil
dence in a contempt case in this court"
Judge a B. Anderson made this state
ment today In reply to a statement by
Attorney General A. Mitchell Palmer that
he did not know on what ground his
connection with the conspiracy case
against miners and operators is to be
investigated in Judge Anderson's court.
Mr.. Palmer made his statement follow
Ing the receipt OF an invitation from
Judge Anderson to appear in court hers
Monday.
The attorney general sent an urgent
request to Frederick Van Nuys, United
States District Attorney, L. Ert Slack,
special assistant District Attorney, and
Dan Simms, former special assistant Dis
trict Attorney, that they come to Wash
ington Immediately.
Mr.. Van Nuys and Mr.. Slack win leave
this evening, but Mr.. Simms viii not
go.
Meanwhile they were IN conference with
the court, presumably on the proposed
investigation.
Legal observers were Of the opinion
that on the result Of the inquiry Monday
turns the question Of whether the prose-
sutton viii collapse entirely.
No reply had been received at the
Federal Building to Judge Anderson's in
vitation to Mr.. Palmer to be IN court
Monday, but the attorney general is
sued q statement in Washington in which
he said he was unable to understand
what Judge Anderson is proposing to
investigate"
DECLINE TO DISCUSS
JUDGES MOVE.
1t was said in Washington that II Mr..
Palmer does not come to Indianapolis
he viii send his former first assistant,
c. B. Ames, who Is familiar with the case
and Mr.. Palmer's attitude toward It.
Judge Anderson. L. Ert Slack, special
assistant United States attorney In
charge Of the prosecution, United States
District Attorney Frederick Van Nuys
and attaches of the court declined to
discuss Judge Anderson's move.
Mr.. Slack declined to discuss any plans
for the case, meeting each inquiry with
the statement:
my lips are sealed"
This Is considered unusual. since gov
ernment attorneys rarely refuse to give
advance information as to the number
Of witnesses subpoenaed, the length OF
time they expect the trial to last and
what. in general, win % their line OF
attack
Mr.. Slack's careful reticencs led some
persons Interested in the case to be-
leve that II Attorney General Palmer
insists on holding his stand OF several
weeks ago that none OF the evidence used
against the miners in the coal strike in
junction proceedings laas November
should be used in the present prossca-
ton, IL win be necessary for the Gov
ernment attorneys either to proceed with
more or less perfunetcry prosecution
or drop the whole case.
LAFAYETTE LAWYER
THREW UP CASE.
Dan ". Simms Of Lafayette, who CD
to that time had been In charge Of the
Governments case, resigned when the
attorney general sent this Instruction
from Washington, remarking that the
order cut the heart out Of the case
Since Mr. Slack said he could not dis
cuss plans for the case, it is presumed
by some that there are no preparations
to proceed with the case II the vital
strike evidence is to De excluded.
There is no statement Of any Federal
officer on which to base this premup-
ton, however.
Attorneys for the defense, led By
Charles Evans Hughes, former member
OF the United States Supreme Court aud
Republican nominee for President in
1916, ars completing their plans to COM
bat the Government