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

said Adams
Judge Collins said something about the
statutes and then Mr.. Hugg said:
Mr.. Adams has stated fairly to the
court that he is unable to produce Mr.
Owsley and that he has no knowledge
that he can be produced. / want this
case dismissed"
Mr.. Adams stated, II would hesitate to
dismiss this case II I thought Owsley
would come back There are only three
things which can be done-the prosecu-
tion to dismiss the case, either continue
II until the next term of court or let
the court dismiss It,"
Judge Collins said THE only record
I can make Is that the State is unable
to proceed and continue the case on the
grounds that the material witness is
absent"
Mr. Hugg, who had been walking nerv-
0usly up and down before the court
stated. Now, your honor. there is no
cause for continuance and the State
comes here and says that probably
Owsley may come into court sometime
and also states that frankly that It
doesn't know II the witness will ever be
produced.
why prolong this case and hold this
over the defendant"
Judge Collins asked, I'm absence Of o
motion, what record can the court
make"
Mr.. Husg replied. Sufficient cause
must be shown"
But the judge interrupted. What bet
ter cause could there. be II the material
witness Is not here?~
II continued. IL must he shown that
there IS probability that the witness
viii return said Mr. Hugg.
This case has been or the docket since
Oct IL. 19iS two years and some
months" said Judge Collins. Il don't
know anything about why II was not
brought 20 trial We have the same CON
dition now as when the case was last
set FOR trial except that Lieutenant Cox
is not sick. The material witness Is out
side Of the jurisdiction Of the court.
In view Of such facts. the only thing
10 be done is for the prosecutor to make
motion to nolle the case
CONSENT CONES
N LOW TONE
Prosecutor Adams said I'm a voice bare
Is above whisper. All right"
MI Clerk. take this entry In 4e037-
/ Gustave Schmidt. The State files mo-
zion 10 nollc Motion sustained said
Judge Collins
p
bang it went on the entry slip and the
case was no longer in the Jurisdiction of
the court and Schmidt no longer had
Jail sentence hanging over him.
Thanks said Mr.. Hugg. as he paused
his continual pacing up and down the
floor
call the next case" said Judge Col
Inns ~ he settled back in his chair.
Mr. schmidt then walked out OF the
courtroom
Everybody seemed happy and appeared
co possess the don't care feeling"
The last record. with the exception Of
the dismissal Of the cause today. was
made on Dec 20. 1915 when b. O'Con-
nor, who was on Schmidt's appeal bond
Of $1,000 as surety. asked TO be released.
His motion was sustained and the rec
ord showed that Mr. Hugg then went on
the appeal bond
To-day in court Mr.. Hugg stated that
Schmidt was out on his own recogni-
rance.
Mr.. Adams. at the time he consented
10 make a motion to nolle the affidavit
against Schmidt, was not seen 10 pre-
sent written motion, although the
record shows that such a motion was
presented
1t is understood that the prosecutor
will make such n motion later.
ADAMS FAILS TO ACT
DURING TWO YEARS.
The appeal Of Schmidt from a judg-
ment OF city court finding him guilty Of
charge Of operating Il gambling house
and fixing a fine of 500 and costs and
Imprisonment in the county Jail for ten
days as punishment was sent to the
Criminal Court, Oct. S. 1918.
For two years Prosecuting Attorney
Clarts Adams, whose self styled zeal for
good government and clean politics"
has been Haunted before the eyes of
citizens who have been rapidly disilIu-
stoned during that period, failed to take
steps to bring this case to a trial, and
Judge James A. Collins, another Of the
'g. &. and C, p" Republican ring, permit
ted the case to lie dormant in his court
HAS the Schmidt case been set for
trial this term of Criminal Court?" Mr.
Adams was asked, on Oct. 8.
NO" he replied.
Have you anything to say as to why
1t is not?' he was further questioned.
mo, the court sets the cases for trial"
was the response.
RETICENCE
UNDERSTOOD.
GIpOHs VIM huOW lue ClTCuuuSIauCeB
which lie behind the Schmidt case and
the difficulties which face a member Of
the good government" administration as
a result of already having to defend
list Of improper acts Of appalling scope,
will readily understand Mr.. Adams ret
icence on the Schmidt case.
Early In September of 1918 the ma
jorlty in the city council absolutely re
fused to go with" the Mayor Charles w.
Jewett administration in some of It's pet
schemes.
The attempt to get something on the
insurgent members of the council Mt
the famous booze party at the rooms
of then Chief of Police George V. COT
fin, with the use Of a dictaphone, pur-
chased with city funds, earlier in the
year, had resulted in more damage to
the Jewett crowd than to the councilmen.
Mr.. Schmidt was the leader of the coun-
ell forces opposing the mayor, md 1t was
to club him into submission to the
mayors desires, it is said on good author
ity, that the administration arranged
rAid on rooms above Mr.. schnidt's
Crystal tiieater IN North Illinois street
The arrangement and preparation OF
this raid resulted in the charges Of oper-
ating a gambling house being placed
against the insurgent councilman in city
court and his conviction on Sept 10,
1918
Oatensibly, according to the testimony
- n