Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-06-14

Continued From Page One.)
had been declared forfeited by Judge
Collins.
Prosecutor Evans decided that he
would not tender his written motion to
nolle this indictment until the bond case
had been set-IeG IN the Circuit Court
Roach objected 70 Stevens being hand
cuffed while being sentenced.
Il know Of no such proceedings in
any court" he stated.
The handouts remained on Stevens
wrists. however, and close to him was
Sheriff George Snider and a deputy.
This morning Roach entered the office
Of Prosecutor Evans and had a lengthy
conversation with him. Following that.
Roach appeared In the Criminal Court
After waiting a short time. Judge Col
Inns called Roach to the bench and held
short conversation with him.
Then Roach left the courtroom and Lar
er appeared in the corridors with John
c. Ruckelshaus. another of Stevens at
torneys. The two entered the office Of
tho prosecutor
shortly afterward. Judge Collins
walked into the prosecutors office and
instructed Special Investigator Claude
Morley to have the sheriff bring Stevens
over so he could enter his plea.
ROACH HAD TAKEN
OUT INDICTMENT.
When Stevens. who appears TO he re-
duced In weight and rather untidy in
his appearance, came into court he shook
hands with his attorneys.
Then the attaches could not locate in
dictment No. 5OSsS. charging Stevens with
AZ, al
of explosives. Worley was dispatched to
the office of a deputy prosecutor, who
bad prepared a suit on the 5000 cash
bond. Later Morley reported that in
dictment No. 50SS9, the one charging bur
glary and grand larceny, was found, but
No. 5OSSS was missing.
Finally. Roach said; Your Honor,
have that indictment in my office. took
it out"
"Of course you receipted for IT," said
Judge Collins.
Eyes, Your Honor" replied Roach.
'AIr. Worley, as soon as we get through
here, you go to Mr.. Roacns office and
get the Indictment" said the judge
SENTENCED WITHOUT
THE INDICTMENT.
The court then sentenced Stevens with
out the indictment. under which he had
pleaded guilty, being in the courtroom.
There is another indictment" said
Roach after sentence was pronounced.
There was a pause.
The indictment in question charged
Stevens and yelling with second degree
burglary and grand larceny growing out
of the alleged robbery of a gasoline fill
ing station.
What have you to say, Mr.. Roach ?"
asked the court
The State intends to nolle that in.
dictment," replied Roach.
Prosecutor Evans then stated that he
would nolle the burglary and grand lar
ceny Indictment as to Stevens
Followed a discussion regarding
whether it was necessary to file a writ
ten motion on the part of the prosecutor.
EVANS EXPRESSES
HIS SATISFACTION.
1t is thought that If the prosecutor had
nOlled the burglary and grand larceny
indictment at this time it would have
jeopardized the chances of the State to
recover the bond in the Circuit Court be-
cause the bond action is fled on this
indictment and not the one under which
Stevens was sentenced
Prosecutor Evans claims that Stevens
obtained the heaviest penalty which could
have been given, even by jury trial
1.-The penalties are the same under the
statutes on conviction for both charges"
Mr.. Evans stated.
The court asked Inspector of Detec-
tives Herbert Fletcher If he understood
and approved OF the sentence. Mr..
Fletcher stated 4hat the police depart
ment was satisfied
Stevens and yelling were Jointly In