Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-10-07

CONTINUED From Page One.l
tify before the grand jury and then to be
returned Immediately 10 Louisville where
he would be unavailable as a witness at
a trial here resulting from any indict-
ments that might be returned. Mr.. Hart
man declares that as a citizen he IS en-
titled to the protection of the laws of
the State which require that a defendant
must be faced in open court by his ac-
cuser.
The petition also points out that Mr.
Hartman has offered to waive grand jury
Investigation In the interest of an i'm
mediate trial and in order that the voters
may know the facts before election
Hartman includes in his reasons for
asking a mandate the following:
That each of said voting citizens is
entitled to know the truth Of said charges
and is entitled to know whether or not
your petitioner is TO be accorded fair
and Impartial trial on said charges"
He declares it is the legal duty of de-
PENDANTS to file and serve the warrant
He asks that il Francis is arrested he be
kept within the Jurisdiction of the Crimi-
nal Court so that he can be called on as a
witness.
In telling of his conversation with De
Forester, Inspector Fletcher said De For
ester told him if Francis should be
brought to Indianapolis he would sur
render him as a matter Of courtesy. but
that there was no law under which
he could be returned to Louisville, and
to avoid legal complications. he would
not be brought to Indianapolis In
spector Fletcher, explaining his telephone
call, said he thought it was only fair
70 inform De Forester of local condL
tons.
In commenting on the plan TO prevent
Francis from being brought to Indian
apolis, William 7. Evans, Marion County
prosecutor, said:
1t would seem that the announced
desire Of Mr.. Hartman and his attorneys
and those about him that there should be
Immediate and complete investigation Of
the truth or falsity of the statements OF
Frank Francis, alias Moore. Is rather
feigned.
They well knew that Francis has
committed approximately twenty bur
glsries in Louisville and that the author
tiles there are anxious he should be
convicted there for those crimes There
fore, with a flourish of trumpets they
went into police court ia this city today
and filed an affidavit against Francis
charging him with burglary and with
did not serve the warrant when Francis
arrived here they would have the police
department inundated to do so. well know
ing that their action In this matter would
be communicated to the authorities in
Louisville.
This was done not from any desire TO
see Francis brought to justice in this
State, but to cause the Louisville author
tiles to refuse to bring Francis and his
wife TO Indianapolis to testify before
the Marion County grand jury They
knew that we cannot compel the author
tiles at louisville to bring Francis here
in view of the charges that are pending
aginst him there.
For the time being, they have delayed
our gaining possession Of this man that
his statements may be obtained from
him directly and properly investigated;
but 1 have reason TO believe that the
delay has been only temporary and that.
IN due course. this entire situation can
he thoroughly and properly Investigated.
Such delay as has occurred IS to be at
tributed solely to the actions Of Mr.
Hartmans attorneys in assuming the at
titude which they this day did assume"