The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-10-09

i ne transcripts III SuHlclently IN
nocuous, will be turned over Il
Prosecutor Remy and Attorney Gen
eral Gilliom, the same person:
Adams previously refused to sur
render his own information.
Gilliom sent the following opinion
to Warden DAILY:
answering your inquiry whether
prisoner serving time in the In
diana State Prison may under au
thority be taken out Of prison fol-
any purpose in connection will
litigation in civil cases. 1 advise
that there is no such authority. The
only power that could permit it is in
the Legislature Of the state and il
has never done so, and obviously
never should do so.
If the testimony Of a prisoner is
necessary in civil litigation. his
deposition may be taken at the
prison under procedure provided by
statute.
The only authority courts have
to order the presence Of prisoners in
connection with litigation is that
conferred by the Legislature in re
spect Of criminal cases and grand
jury investigation as provided in sec
ton 22S72289, Burns, 1926. Because
of the constitutional rights of the
conformation, defendants in crimina
cases have the right to the persona
presence of necessary prisoner wit
nesses, and their testimony cannot
be taken deposition as in civil cases
1.-The question is not one Of dis
erection of the courts or prison au
thorities. it is one of the law. Unit
the Legislature authorizes the TAX
ing of prisoners out of prisons fol
purposes connected with civil letiga
ton it would constitute a breach Of
legal duty on your part to permit 9
prisoner to he thus taken. Accord
ingly you will follow the law in this
respect as it always has been fol
lowed"
Whether Prosecutor William II
Remy will be able to question Steph
enson, if he is brought here, will de
pend on prison officials in charge OF
Stephenson. Judge Miller declared
this morning.
The judge issued the following
statement:
81 desire to correct a statement
which has appeared in an Indianap
oils newspaper, which quoted Mr.
Remy, the prosecuting attorney, az
saying that l, as judge of the Su
perior Court of Marion County
Room 8. had granted him authority
to interview d. c. Stephenson wher
he is brought to Indianapolis.
mo authority has been given by
me to Mr.. Remy or any one else
When d. C. Stephenson is brought
to Indianapolis he will be in the
custody of authorities of Indiana
State Prison, and. outside of the
time when he actually appears il
court to testify, they will have com
plete control Of all his movements.
Friday afternoon, Mr.. Remy
asked me if L objected to his OBJ
tanning an interview with Stephen
son.
81 told him that I did not.
Having in mind the fact that the
prison authorities will control the
prisoners movements and that any
arrangement to interview him must
be made with such authorities,
suggested to Mr.. Remy that the
proper way to examine Stephenson
would be to subpoena him before the
Marion County grand jury and there
make such inquiry as he desires.
"I further told Mr.. Remy that the
matter pending before me was a pro
ceeding to determine the exact loca
ton of certain property of Stephen
son, which it is claimed he had
placed in the possession of third par.
ties, and that any inquiry conduct
ed in my court will be solely to de
terminea the whereabouts of this
property, and will be limited to that
inquiry alone.
This information was given to
Herbert Wilson,, the receiver of the
Hoosler Ia1lorS, Inc, WITHIN the last
three days"
Councilman Walter r. Dorset
president of the committee named by
city council to investigate Adams
charges, announced this morning
that he will accede to Adams de
mands that he be given chance to
present his charges to council at a
public session. Adams has refused
to meet with the special council
committee.
Dorset said he had an appoint.
ment with Adams this morning and
would tell him of councils decision
to listen to the charges.
EMISON IN CONFERENCE
Judge John Rabb Emison OF Vim.