Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-11-09
SPECULATE ON
TURN IN COAL
MINERS CASES
VIII Evidence Palmer Ordered
Withheld Be Used in
Prosecution?
GOOD FAITH AT ISSUE

Indictment charging them WITH violation
of the Lever act centered today In spec
ulation as to whether the local Govern
ment attorneys VIII use the evidence
which Attorney General a. Mitchell
Palmer ordered withheld and whether
statements of Judge A. B. Anderson in
court yesterday presRge prosecution OF
the attorney general. The case was con-
tinued until Jan. 10 with the under
standing the court win endeavor mean
while to find out if what he termed as
z ''good faith" prosecution may be made.
Before granting the governments mo-
ton for continuance on the ground that
It is unprepared, Judge Anderson said
the action Of the Attorney General in
ordering the suppression of vital evil
dence after a grand jury had returned
an indictment based in great part upon
it was strangely near" to compromising
a felony and very close" to being con-
tempt of court
HINGES ON REQUEST
OF ATTORNEY GENERAL.
The courts statement that he Will en-
desvor to ascertain if a good faith"
prosecution can be made is taken to
mean he will find out il the evidence
which it is alleged the attorney general
wants suppressed Is to be used
Dan W. Simms, former special assist
ant United States attorney and assistant
to the attorney general, resigned when
Mr.. Palmer, on Sept. %, instructed him
not to use In the present prosecution
any facts which were connected with the
Injunction and contempt proceedings
against members Of the United Mine
workers in October and November. 1919.
Alr. Simms said after the hearing
closed yesterday that he will not return
to the case.
Judge Anderson, in considering the
procedure in the case. said:
"WouId it not be contempt Of court for
a prosecuting officer to bring about
prosecution which from the beginning,
would be a farceF
JUDGE DISCUSSES
CONTEMPT PHASE.
Bearing upon the point Of possible
contempt proceedings the judge said:
"Of all the things that a man who
occupies my position dislikes it is con-
tempt proceedings. but let's see just how
close this gentleman, Mr.. Palmer, comes
TO contempt Of this court. I'm not say
ing what will happen in the future.
sdmit that I am bound to have certain
amount Of consideration for his position
If not Tor the man himself"
The court then proceeded to quote au-
thorities to show that in cases which he
considered parallel such alleged inter-
ference with the processes Of justice has
been held to be contemptuous
Saying he desired to further clear the
atmosphere" Judge Anderson continued:
"The question is not exactly whether an
attorney general can or cannot in certain
cases do certain things" Whether the at
torney general after a grand jury has
returned a bill can come into this court
and stop a prosecution whether the court
thinks it should be stopped or not am
not now going to decide. But the ques-
ton is, whether the attorney general
after the return Of a bill, following an
investigation made under instructions
of the court, whether the attorney gen
eral can then direct the officers under
him to leave out certain important evil
dence and secure the acquittal OF the de-
PENDANTS This is quite another matter.
No attorney general and no district at
torney can do that"
The court quoted law to back up his
statement that the attorney general
came strangely near" to compromising
felony.
QUESTIONS
AGREEMENT.
"Can the attorney general, In a meet
ing with people who have already been
charged in a sense with the violation Of
a statute before judge who has called
grand jury to investigate, enter into
an agreement that II they viii be good
and relieve him Of the embarrassment
OF enforcing an injunction be WIN zee
to It that certain evidence is sup
pressed -
Much was made in the hearing Of
statements which were taken TO show
that the attorney general made some sort
Of an agreement with the striking miners
relative to future prosecutions.
Mr.. Simms was recalled to the stand
and the court, saying he understood the
attorney had said he now had more Of
an insight into a statement Of the miners
attorneys at the time the Indictment was
returned, asked him who made the state
nent and what it was.
Mr. Eimms said that Henry Warrum,
then chief counsel for the miners, OBJ
served in the hall outside the court
room that somebody had handed the
miners a gold brick"
Referring to the Indictment" Judge
Anderson asked. and received an snirma-
tive reply.
Or. Warrum, do you want to explain
that statement" the Judge asked.
Dir. Warrum did not arise.
DISTRICT ATTORNEY
PRODUCES TELEGRAMs.
Judge Anderson then asked District
Attorney Fred Van Mugs to produce GER
tain kilograms which passed between him
and Attorney General Palmer about Sept.
80.
The messages, which Mr.. Van Mugs
read, showed that on Sept 30, the day
after Mr.. Simms received the order to
exclude the injunction and contempt pro-
ceedings testimony from the present
case, Mr.. Palmer inquired If 1t were
true that further indictments against
coal men were being considered; that
Mr.. Van Nuys replied in the affirmative
and that one of Mr.. Palmer's assistants
wired instructions that the attorney gen
erals office should be consulted before
such action was taken.
The judge indicated that no matter
how NJ. Palmer felt, If the facts war
ranted further indictments, he would see
that they were brought
rs it possible that this court can not
proceed unless the attorney general ap-
provost" Judge Anderson questioned.
In final thrust at the attorney gen.
eral the court recalled that just before
that official left Indianapolis Dec. Q, 1915
after arranging for settlement of the
coal strike, he came to the court cham
bers. As they were sinking hands, the
judge said he asked Mr.. Palmer
1t is understood now that this prose-
cuton shall go through to the end7"
lave you confidence IN your old
friends. Slack and Sirnms?" Mr.. Palmer
replied, Judge Anderson said.
Yes" the court said he answered
They have instructions to go through
to the end, was the attorneys generals
rej0inder the court asserted