Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-10-25
WILMET'H ACTS
TO BLOCK SUIT
BY HARTMAN
Committees Choice for
Nominee Files Sepa-
rate Answer.
HEAR TWO CASES.
C. O. p. Scandal Aired
in Superior Court,
Rooms | and 5.
HEAR TWO CASES

Predicting that any relief that
might be awarded to J. Herbert
Hartman by Judge T. ]. Moll OF
Superior Court, Room 5, on Hart
mans petition for d mandate re-
quiring the city election commission
ers to reinstate the latter's name on
the official ballot at the coming city
election as the Republican candidate
for city Judge. will work injustice to
the public and to the Republican
party of the city of Indianapolis, "
Delbert o. Wilmeth, the city com
mittee's nominee for judge, filed a
separate answer as a defendant to
the mandamus proceedings in Sd
perior Court. Room 5. today.
Judge Moll took up the hearing on the
mandamus action this afternoon and at
the same time Judge W. W. Thornton,
Superior Court. room l. heard the appu
cation for an injunction brought by
Charles Belt TO prevent the election COM
missioners from placing Wilmeth's name
on the ticket
ANSWER NOT
oRDEF FILED.
MIR. vii tosh presented through counsel
his separa1 a 1nsv.'r 10 Judge Moll, but
the court d.d not order 1t fled because
he was informed Mr.. Hartman would
object against the fling OF a separate
answer by Mr.. Wilmeth.
Mr.. Wilmeth IN his answer, which was
hs. nd ~ %
action. contends that Mr. Hartman Is
disqualified because he is under Federal
and State Court Indictments and the pro-
posed answer predicts q possible out
come OF these salts The answer also
charges that Mr.. Hartman worked a
fraud upon the Republican party ma
the voters" at the primary when he
held himself ont to the voters Of the
Republican party OF said city as bein G
a moral and reputable citizen Of said
city"
The answer alleges that Hartman on
urinary day "had in his home and as
saciatei openly with one Francis and
accompanied Francis to the polling place
and knowingly voted said Francis under
the alias Of Moore as a resident at re-
lator's CHartman's) home" when 1t IS
alleged Francis was not n legal voter IN
said precinct,
The Francis referred 10 Is Frank
Francis. thet Louisville burglar whose
confession brought about the Indictment
Of Hartman. his wife, his brother Fred
and several others here on serious Fed
eral and State charges.
REFERS TO ACCOUNTS
PRINTED IN PAPERS.
Mr. WiImeth also contends that the
papers have published accounts of the
discovery Of much stolen property In
Hartman's home and all Of these alleged
facts are said to render Hartman UNFIT
TO be a candidate on the Republican
ticket for city Judge.
Shortly before Mr. Wilmeth rendered
his separate answer to the court, Mr..
Hartman took another step to protect
his rights by filing by counsel demurrer
to the second paragraph Of the answer
OF the city board OF election commls-
sioners.
In his demurrer, Mr.. Hartman CON
tends that he, as candidate for the
nomination at the primary. received the
highest number OF votes for the nomina-
tion as city Judge and that "the facts
confessed in the answer in no way
changed or modified the averments by
which the defendants seek TO avoid the
duty imposed upon them by the facts so
confessed"
lie contends that the defendants do not
Continued on Page Five)