Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-05-01
CONTEMPT
DELAYED AGAIN
BY PROSECUTOR
Adams Insists on Fixing Re-
sponsibility to Suit His
Own Fancy.
TINES MOTION DENIED

Judge James A. Collins again CON
tinued proceedings in the contempt ac-
tion started by Claris Adams, prosecutor
against James L. KilgalIen. as manag-
irg editor of The Times. today.
The court received memoranda from
Mr. Adams on motion of the defend
ant to be discharged thus making it
necessary to delay proceedings further.
In this memoranda Mr. Adams took oc
casion TO deny that Robert A. Butler was
responsible for the publication of the
article in question. regardless of the fact
that il was shown in the memoranda ac-
companying the motion that the .prepara
tion, and publication of the article was
under the sole authority of Mr.. Butler
Judge Collins overruled the motion to
discharge and after the answer was filed
continued the case until next Wednes
day at 10 o'clock, regardless Of the state
ments Of the attorneys for the defense
that they were ready to stand on the an
swer as submitted.
In his memoranda Mr.. Adams sets out
some testimony In connection with an
attempted investigation OF an article that
was published In The Times on March II,
1919, for which Mr.. Kilgallen assumed
responsibility, and attempts to argue
from these premises that, having admit
ted having full authority over the pub
llcation OF articles more than a year ago.
Mr.. Kigallen can now be held RESPONSE
bic for all publication.
Walter Myers OF counsel for the de
fense called the attention OF the court TO
supreme court decisions showing that the
answer Of the defendant under oath was
conclusive and the facts therein binding
on the court. Mr.. Kilgallen was again
represented In court by Henry n Span.
Samuel Dowden OF Whitcomb & Dowden
and Mr. Myers.
EVERY ALLEGATION
DENIED BY RILGALLEN.
The answer Of Mr Kilgallen 10 the
citation growing out OF the article con-
cernIng the statement Of Charles W.
Robinson that be had examined witnesses
in the grand jury room IN defense Of his
clients. is In three paragraphs.
The first paragraph is denial OF each
and every material allegation OF the in
formation. citation aud rule to show
cause
The second paragraph denied that the
defendant either prepared or helped pre-
pare or caused to be prepared or pub
iished or caused 10 he published the al
legged contemptuous article.
This paragraph sets up that the al
legged contemptuOus article was pre-
pared. written and published under the
sole direction. control and authority OF
Robert A. Butler IN the ordinary course
Of the duties Of said Robert A. Butler, as
an employe Of said newspaper that de-
fendaut is Informed and believes and
therefore alleges 10 be a fact that Charts
Adams, the person whose AFFIDAVIT aad
Information was filed herein for the pur-
pose of securing said rule 10 show cause.
Is now and was at all times mentioned In
said afildavlt. Informed ~ the fact that
the duties and authority OF said Robett
A. Butler as an emplOye Of said Indiana
Daily Times included the duties and au-
thority Of preparing. handling and caus-
ing 70 be published articles similar Ia m 10
ture 10 said article" and that therefore
the defendant is not responsible and can
not he held responsible FOR publication
of such articles.
DEFENDANT WITHOUT
CONTROL IN TIMES.
Paragraph three Of the answer sets up
the fact that The Times Is published by
a corporation over which the defendant
has no control and also sets out the al
legged contemptuous article.
II declares that Il Is true that ROllin-
son made the statements attributed 10
him In the article that Robinson did ap-
pear with witnesses and examine them
before the Marion county grand jury
for the purpose Of preventing indlct-
ment' OF Harry Parsons and Bcnton
Parsons; that the grand jury did not
Continued on Page TwoO