Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-12-31

Inc cNLnaX OF the TeW GeartIeSs dC-
tempts to get the case to trial befors
Judge Collins came this morning, on tho
eve Of the election Of a new president
Of the city council.
Mr.. Schmidt appeared with his coun-
sci, Martin Hugg, and for about fifteen
minutes quiet little game OF passing
the buck for the responsibility of throw
Ing the case out of court was engaged
n between Judge Collins and Prosecutor
Adams with Mr.. Hugg ever ready and
On the job To advance the affair one step
nearer a dismissal of the charge
ADAMS LAKES
STATEMENT.
The spectacle of passing the buck be-
gan with an opening statement by Pros
ecutor Adams, who said
Your honor, the defendant was fined
$500 and sentenced to ten DAYS in Jail
In the City Court on Aug. 80, 1918. and
the case was appealed to this court. Will
nam Owsley is the only witness that the
State has against Mr.. Schmidt and Mr..
OWsiey is not here. He was not here the
last time When the case was set for
irlai this time, Mr.. Worley investigated
and he informed me that Owsley has
moved to Chicago and is unable to get
his address.
"owsley is the entire case, and with
out Mr. Owsley the State is unable to
go to trial. stated Prosecutor Adams.
Mt Hugg suggested that the case was
Iast Set for trial more than q year ago
ana that Owsley was not present then.
Judge Collins then asked Lieutenant
eox. who conducted the raid the date OF
Dis last sickness He replied that it was
more than 4 year ago.
i remember that one of the causes for
continuance was the illness of Lieuteu-
ant Cox said Judge Collins.
Mr.. Hugg then said:
Under the circumstances there fs
nothing to do but dismiss the defendant.
oWsley. according to the evidence. liz
charged with keeping the gaming house,
and In some manner connected the de-
fendant with the case in order to re-
ccive some Ienient punishment. This
case in this court has only been set
once for trial and at the close of a term.
Just ike this time. The case has been
continued to protect it under the three
term rule. 1t no time was there any
idea that the case would be tried. The
/ defendant is out on his own recognizanca
all these years. 1 ask that the cause be
dismissed, as there is no probability that
the material witness for the State via
ever be produced"
MOTION MUST
COME FROM STATE
Judge Collins interrupted by saying,
a motion for dismissal must come from
the State"
1T would be n farce TO go to trial
without Owsley," said Prosecutor
Adams. The defendant has some rights
in this case and so does the State IL
there was any probability that Owsley
would never come into court l would
dismiss this case"
Judge Collins then asked Adams.
"Iave you any motion ?"
L have not. said Mr.. Adams.
II ask for a dismissal Of this case In
all fairness to the defendant" said Mr..
Hugg
Such a motion is up to the prosecu-
tor" said Judge Collins.
THE State can't produce OwsIey and
the prosecutor states that he is unable
to locate the witness. I make this mo-
tion TO dismiss' said Mr.. Hugg.
Prosecutor Adams said: Il am willing
to try this case. I am not told that
Owsley will come back. 1 only hesitate
because If this case should be dismissed
and the witness should return In
months time the State would be unable
to revive the case because of the three
term statute.
"tf I was sure that this witness is not
available I would dismiss the case
know that Owsley is not here and Mr..
Worley states that he has information
that Owsley has moved his family TO
Chicago and is now outside of the turis
diction Of the court.
II suggest that since Mr.. Hueg has
made a motion that the court take the
Continued OF Page Fourteen1