Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-02-26
MR.. FUCKERS LETTER

Dec. 80, 1920
To Hon James P. Goodrich,
Governor of the State of Indiana,
Statehouse, City:
Dear Sir-I have been requested by
Dennis y Bush, who is seeking clemency
at your hands relating to a conviction for
assault and battery in the Criminal Court
of Marion County, to state my views as
to his petition.
This shall do merely as private citi-
zen and holding no political office.
In the State and county campaign OF
1914 there was a large amount of anti
Roman Catholic literature rejecting on
certain Democratic candidates of that
faith sent out anonymously through the
mails. Mr.. Richmand, the prosecuting
witness, a deputy fire marshal under Mr..
LOngley, because Of a considerable guam
tity Of matter pertaining to his office
being mailed from his home and Of his
utilization with a very respectable Luth-
ern denomination, was suspected by GER
tain persons of distributing this litera-
ture. 1t is needless to say as to this
excellent young man that such suspicion
was utterly unfOunded. These persons
whose suspicious were so aroused,
stated their beliefs as matters of actual
fact to the defendant and urged and in
cited him to commit the assault and
battery to obtain the literature supposed
to be In Richman'S possession Mr.. Bush
being a member of the Roman Catholic
denomination and enormously believing
that Mr. Richman was perpetrating a
very grievOus and undetermined wrong,
was persuaded in the heat Of a campaign
by such persons, who | am informed
were his sureriOrs in a political Organi-
cations and in other ways At their sug
gestiOn, according TO the evidence, Bush
sent men to assault the prosecuting wit
ness and to obtain the literature: In
structions that were carried out except
as to the literature. Mr.. Richman's home
was wrongfully invaded. but fortunately
he was not seriously hurt
This was almost seven years ago. The
case has been pending in the Supreme
doubt but that the defendant has SUI
fered greatly from anxiety and suspense
Occasioned by the delay. Recently this
court handed down an opinion affirming
the conviction. l have read this opinion,
which strongly intimates that by reason
of a long continued misconstruction Of
the law relating to jury selection, the
defendant had been deprived of his CON
stitutional right to a legally selected
jury, but that through the inadvertance
Of counsel as to technical requirements
ton was not properly presented to the
court for its decision There is little
doubt that had this question been pre-
sented without this inadvertance, the
Supreme Court, under a former decision
and in accord with its views as rendered
In this opinion, would have reversed the
conviction. In saying this I intend no
reflection on counsel, as the inadvertance
was such as humanity occurs in the ablest
Of the bar in the appellate practice.
After the defendants conviction he was
indicted in the United States District
Court with others for election frauds and
illegalities relating to the 1914 campaign,
l have mentioned. Among the indicted
persons, I have been Informed, were some
of those who urged Mr. Bush to commit
the assault on Mr.. Richman. I have been
Informed that Bush became a witness for
the Government In these cases, making
clean breast Of these matters, was will
ing to tell as to all those implicated IN
the Richmau assault had he been re
CURED to do so, and by reason Of his
assistance, which at least partly resulted
In the indictment and conviction Of many,
he properly was not put to trial by the
Government. | do not mea ntO asperse the
character of any one, for in the excite
ment Of a holly contesteG election strug-
gle men do things which they would not
40 Otherwise, out express my DelleI
that Bush was only the underling and
tool Of other persons, some Of whom hav-
Ing escaped altogether, as relates to the
Richman case.
By reason Of the foregoing and espe-
cially because Of the great assistance h.
gave to the Government in the Federal
Court matters which involved in broad
sense the same conditions which sur
rounded the situation here, I have no
hesitation In saying that Mr.. Bush pre-
sents very meritOrious grounds for your
clemency. 1t would be rather presumptu-
Gus for me to make tho trite recommenda-
ton to that effect; that to my view
would be invading the province Of the
Governor, who should be free to act on
the facts presented irrespective Of the
opinions Of others. l do feel free to add.
however, that IN my capacity Of Ordi-
nary citizen, 1 would have no objection
whatsoever to any clemency you may
show in this case. l am
Very respectfully yours,
ALVAH J. FUCKER.