The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-03-10

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iished by them. and that the re
sponsibility for the said statement
| in the said published pamphlet rest!
on the defendants here in and pr
marily on the defendant Shumaker
Quotes Statement
THAT one Of the statements il
said pamphlet is as follows, towit:
GA majority of the court is at
least liberal in it's sentiments. One
of its members, Mr.. WillOughby.
Is said to be bitterly hostile to pro-
hibitiOn, and, if he had it in his
power, would wipe all prohibition
laws from the statutes. 1t is this
judge who was defeated for re-
election in 1924 by 935 plurality,
but who still holds to his office OH
the bare technicality of q mistake
i'm the original returns to the sec
rotary of States Office which ac
corded him the office by just one
vote, and we trust that the next
election will give lis Supreme
Court that will be dry and not
wet
THAT another statement is:
I may add to the above that fol-
over a hundred years the Supreme
Court of this country and for ovel
250 years the highest courts in Eng
land, after which our own Judiciary
is modelled, had always held that
defective search warrant. or failure
to obtain a search warrant at all
should not prevent the introduction
of evidence Of crime in the trial Of
an accused person. In other words
these courts have held that if in the
detecting of crime another crime is
committed, this was no excuse FOL
the letting or both criminals &c
free.
"Only about six State Supreme
courts have held that a defective
search warrant should operate to LEI
a guilty person go free. Our OWf
State Supreme Court is one of those
six States. This court in the Callen
dar case from Elkhart, and more
particularly in the Flum case frC>
Beech Grove, Marion County, ant
these reinforced by a number OF
later decisions, has held that NJ
matter how guilty a person may be
of violating the prohibition law ever
though he might have as many as
three stills in his home and be en-
gagged in manufacturing q white
mule that is poisonous and deadly IT
its effects-should there be any mis-
take In the search warrants-such
person must be turned free. We
think that such rulings, coupled with
the splitting of judicial hairs II
many cases coming before our Su
preme Court. whereby substantial
Justice has been defeated repeatedly
has been to great degree response
BILE for the great increase in the ap
peals of criminal cases to our States
highest Judiciary"
That the aforementioned false
and cOntemptuOus statements were
made, printed and published by
these defendants for the express
purpose of influencing the court
in it's decisions in the foregoing
pending appeals, and for the pur-
poses of defaming the court be-
fore the people of the State Of
Indiana, and for the purpose Of
attacking and destroying the in
tegrity of the judges of the court
in the minds of the people.
THAT the method employed anC
intended to be employed by the de
PENDANTS to accomplish the said pur
poses is both threatened and actua
political action against the judges O.
the court as they may stand for re
election.
THAT the defendant Shumaker i
a member of the clergy and that h
| has constructed a powerful politica
organization within many Of tn
churches in the State Of Indiana
all for the purpose Of controlhn,
the election of public officials, in
Guiding judges of this court, ant
| that no candidate for such office re
ceives the political favor of the de
PENDANT Shumaker and his adherent
| unless they accord themselves witt
his demands upon official conduc
| after election.
THAT he has sought to establish
and has in a measure established
! politico-ecclesiasti hegemony owe
| civil government and is now seek
ing to extend the same over tn
Supreme Court Of Indiana for tn
purpose Of controlling the decision
of the court in appeals concernin;
violation of the prohibition laws il
| accordance with his own censoriou
and arbitrary views; that the sail
pamphlet has been distributed il
large numbers among the clergy o
the State Of Indiana, and anon.
many Of the citizens of the State o
Indiana for the purposes aforesaid
THE attorney general, as the in
formant Of the court, considers thi
false and contemptuous assault OF
the court and its judges too gray,
and serious in its consequences 81
that it may be overlooked.
''The defendant Shumaker as
the author Of the said pamphlet
is capable of misleading the people
of Indiana concerning the matters
touched on in said statements by
reason of their credulity which is
inSnired NV his membership in the