Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-06-14
SLACK BRANDS
SMITT LEADER

CONTINUED From Page one.)
fendorfer, Louis Heberer, Ave Lamb,
william C. Meinert, known as "Puss,"
who is waiting judgment in case IN
criminal court on a charge of operating
a gambling game in the Marion county
jaiI; William Oehlman, Gilbert Roy,
william Schoepfin, Charles Sihler, Her
man Steinhilber and ollie Woodruff.
The jury was obtained about il
o'clock and consists Of William Il. Eber-
hart, Huntington; D. s. Stoker, New
Amsterdam; r. o. Lee, Bryant; ]. Fl.
wood, Terre Haute; Chester A. Heaton,
Freedom; w. o. Davies, South Bend;
Dennis P. Teeter, Monticello; Joseph
Quinn, Valparaiso; David Stahly Nap
panee; Robert p. Frazier Lawrenceburg;
Frank e. Davis, Ladoga.
The court announced that the jury
will not be kept together during the trial.
CASE WILL BE TRIED
UNDER FEDERAL LAW.
During the opening statement Of At
torney John w. Spencer of Evansville
and former member of the Indiana state
supreme court, IN the, interest Of Chief
of Police Schmitt Judge A. d. Anderson
made 1t clear that this case would be
tried under Hederal law.
Attorney Spencer attempted TO stats
that an Evansville court at one time
issued an injunction against the prose
cutting attorney to enjoin the@prosecutor
from enforcing state prohibition.
Judge Anderson reminded Mr.. Spencer
that this was an alleged federal violation
and not state violation.
THE violation which is charged is that
Of the federal statute" declared Judge
Anderson.
I'VE are not interested in the blundors
of the state court, nor the correction
made by the state supreme court"
Spencer then attempted to state that
the defense will show that Chief Sehmitt
caused the arrest Of PSI alleged violators
Of the liquor laws.
BRINGS ANOTHER
WORD FROM JUDGE.
Judge Anderson smiled and said, "You
know IL you are a lawyer at all that such
evidence can not be introduced IN this
cause"
Spencer stated that he was telling the
jury what he would attempt to show.
At one time Judge Anderson said, while
Spencer was addressing the jury:
I'VE are not here for buncombe"
Neither am I, retorted Spencer.
Spencer then informed the Jury that
Schmltt had confscated 200 gallons OF
whisky which he had turned over 70 hos.
pitfalls, charitable institutions and doc
tors under specific direction Of Mr..
Slack"
Judge Anderson said: ''rhat has
nothing to do with this case, because that
is confiscated liquor"
THEN APOLOGIES
TO THE JURY.
Spencer apologized TO the court and
then said TO the jury, Il apologize for
my ignorance and hope that It win not
be held against Mr.. Schmitt."
1T Is not Ignorance" said Judge An
ders0n.
Spencer declared Schmitt could account
for every ounce of liquor that came into
his hands as chief OF police Of Evans
Vile.
Denial was made by Spencer that Van
Plckerill spelled. in the indictment AS
Van Plckerel, a former wholesale liquor
dealer at Henderson, KY, paid 500 to
Chief schmitt as protection money.
Attorney Slack in making the opening
argument for the government declared
that large sums OF money were paid to
Chief OF Police Shmitt by Van uiekerill
for the privilege 10 have the roads opened
up between Henderson and Evansville.