Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-05-06
,UGHES FILES
ABATEMENT PLEA

PENDANTS
SAY JURY ALSO
ACTS as SHIELD.
THE rules governing instructions to a
grand Jury are In no means technical"
said Mr.. Hughes.
''The grand jury, from time immem-
orial, has existed not only for the pur-
pose of finding indictments against
those accused Of violating the law, but
also to act as a shield for the protection
Of the accused.
"It is a serious matter to intrude any
thing prejudicial in instructions to a
grand jury, more so than to a petit jury.
Any intimation by the Judge charging
to the grand jury that any particular
defendant is guilty interferes with the
deliberations ana findings.
mo more serious or prejudicial state
ment could have been made than the
one made by the Judge.
SAYS COURT TOOK
ARISK OF ACCURACY.
re court on the very threshold, after
ding and stating what had been said
sngress, said, ON the face OF it this
q direct admission that facts are true
This was not only prejudicial to
Lewis, but to every defendant as well.
-The grand Jury would assume that the
court would not have quoted such
statement unless it was credited.
The court took the risk Of the &C
euracy Of that statement when he made
it."
Mr.. Hughes then cited several cases in
which the point in instructions figured
and reiterated his contention that the
statement was extremely preJudicial.
CALLS ATTENTION
TO PUBLIC DENIAL.
He then called attention TO the fact
that a public denial Of the statement
was made by Mr.. Lewis. which appeared
IN the press and said that the congress
man who had made it had afterward
issued a statement admitting that his
quotation was erroneous.
Following this development, the grand
Jury was not called again before the
judge for information as to the error
Of the statement, according to Mr..
Hughes, thus remaining under the i'm
preston, apparently, that the court still
gave it credit.
Mr.. hughes said this point would fig
ure as one Of the most important in the
case and remarked, in summing up his
argument as follows:
There is nothing more important in
this country at the present time than TO
see that the fundamental principles Of
Liberty and rights should be maintained
IN regard to every defendant in the
United States court, no matter OF what
class
sIAIMS' REPLIES TO
HUGHES STATEMENT.
Dan ". Simms' special assistant United
States attorney, answered Mr.. Hughes
saying his statements in regard to some
cases quoted had not been entirely in
accord with the present situation
He pointed to the fact that 1t is neces-
sary for q court TO make specific in
structions, and said Judge Anderson laid
down every rule by which the grand
jury was to be guided.
grand jury. according to Mr..
simras, was dmmediste ly informed that
the statement made in congress was
erroneous when this fact wss made
known.
Mr.. Simms also maintained that this
case was exceptional and that it was the
duty Of the court to give specific instruc-
tons
Judge Anderson in discussing the plea,
called attention TO the fact that the
error had been corrected before the grand
Jury and also pointed out that IL was
used in the instructions as a quotation
and not given as fact.
Mr.. Hughes then maintained that no
statement made by a prosecuting at
torney could detract from the weight Of
the statement.
JUDGE TAKES ISSUE
WITH SOLOMON.
"I have been around courts for a long
time" said Judge Anderson, II comment
ing on the arguments. but 1 tell you,
ladies and gentlemen, Solomon was not
right when he said there was nothing
new under the sun"
After the court charged the grand
jury TO investigate members Of the mine
WORKERS organization, in trying to be
fair he went on to comment on others
who might be implicated.
ST can't imagine what ] am here for
us I call the attention OF the grand
Jury 20 investigate these matters, and
IT is also my duty TO call attention Of
the grand Jurors to rumors voiced in the
public press and the halls OF congress
which have come to the attention OF the
court.
'This court is not responsible for all
the mistakes made by congressman"
There ensued some argument as to
the method Of procedure and the case
was delayed until 10 o'clock tomorrow
morning, when the government will file
an answer to the plea in abatement.
IMPOSING ARRAY
OF Legal. TALENT
Besides Mr.. Hughes, attorneys repre-
senting the miners in the case are David
warrum, Indianapolis; Harold A. Hen
derson, Terre Haute, and John A Rid
die, Vincennes.
The operators are represented on the
floor by the firm Of Miller, Daley &
Thompson and Charles W. Miller, former
United States district attorney.
Franz DALEY yrh0 handled the Ur0sR-
cution Of election fEaud cases in Indiana
and Michigan. is appearing in the case
as one Of the firm Of Miller Daley &
Thompson.
Associate counsel appearing in the case
includes John NJ. Rawley, Brazil; c. A.
Royse, Terre Haute; John Jeffries, Terre
Haute; Henry Adamson. Terre Haute ;
Beasley, Douthitt. Beasley, Crawford &
Beasley, Terre Haute; James E. Piety
and Chester Y. Kelly, Terre Haute
Whitcomb & Devden, Indianapolis; Tay-
Tor, White & Wright, Indianapolis; Mark
Il. Miller, Indianapolis; Hotel & Pat
rick, Indianapolis; P. o. Collver, Terrs
HaUte.
The district courtroom was crowded
with defendants and attorneys.
Indications were that arraignment
proceedings viii last for several days
John L. Lewis. president Of the
United Mine Workers Of America, who
surrendered to the United States marshal
said all miners named in the
T@SSetment would appear in court with
out contesting removal to the turisdic-
ton Of the Indiana district.
las NAMED IN
THE JURY's REPORT.
In the grand jury report, 125 opera
vrrfw