The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-08-11

Judge Sparks was chosen from
list composed OF himself, Judge Her
bert A. Rundell, Spencer, and Judge
c. w. Mount, Upton.
The action resulted from a mo-
ton for change OF venue from Judge
Hines of the local Circuit Court.
Attorneys Lecturcd
In a pointed lecture TO the Assem-.
bled attorneys. Judge Hines said the
case could not be tried before Octo-
ber. He termed the affidavits filed
by Stephenson, Klinck and Gentry,
alleging him to be "biased and preju-
diced" and charging he would not
give them a fair trial, as plain per-
jury"
Judge Hines further said that
Klinck and Gentry are only held In
jail because Of the bungllng OF their
attorneys, who have failed 10 take
proper steps and file proper mo
tions.
The state struck or the name Of
Judge Mount, and Eph Inman, chief
attorney for the defense, struck Off
the name OF Rundell. leaving Judge
Sparks, considered one Of the most
able jurists Of the State.
Judge Hines abruptly adjourned
the special term OF court, called 70
dispose of Stephenson case and left
the bench after delivering his re-
marks. Stephenson, Fdinck and
Gentry were present, and when
Judge Hines said the case could not
be tried until the regular October
term, Stephenson Immediately called
conference OF all tho defense
attorneys and tho defendants.
Stephenson Dismayed
A look Of dismay settled on the
ex x-lklan leaders face.
This special term was called for
hearing motions" said Judge Hines.
1T was not called to try the case.
I do not want TO critise attorneys
for their zeal. but have been here
two months, ready and willing 20
try this case"
"All of these motions, that Is some
of them. have no just foundation.
They were for the purpose OF getting
the court 10 rule on them, and get
ting his ideas. Then they rushed
into court, and make an affidavit,
charging bias and prejudice, which
is nothing but plain perjury.
Attorneys at this bar know am
know am able to go ahead and
give these mon. whom do not
know, a fair trial, whether Il would
hurt the state or defense, but /
am out OF II now" said Judge Hines,
with a sigh Of relief. THE new
judge will havo 10 be educated in all
the motions and steps OF the case.
Delayed Court
II am only sorry this case can
not be taken out OF the county. II
has interfered with my April term
of court and will interfere with the
fall term. and there are many i'm.
portant cases to be tried.
II have my doubts II a special
judge can come in here and hear
tnlS case III any IuhIitl WHhNapoNNA
in the next two months.
1T Is an unfortunate position
these men are in. Yet Klinck and
Gentry are in jail because their at
torneys have not filed proper mo-
tions.
This court has at all times said
these men are either entitled 10 bail
or immediate trial. Now, by the act
OF attorneys, they have got them
selves in a position where they can't
have either bail or trial.
Judge Hines also said no did not
think a special Judge would have
powers TO hear the case In ad-
journed term, although a regular
Judge could. Inman asked Judge
Hines to call Judge Sparks. 20 sec
IL he would come TO Noblesville
Friday, TO confer with State and de.
fense attorneys.
This court stands adjourned"
said Judge Hines leaving the bench
and walking into his private office.