The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-22

Among cases to be cited will be
that Of Pete Barlow in which wives
of the chief OF police, detectives,
sergeants and jury commissioners
served on the jury. Such things
might just happen, but / doubt it.
Firing of Board
"There is the firing of the board
of charities by Dearth, after their
inspection of the county infirmary,
which will be gone into in the testi-
mony. Then also the imprisonment
of William Stanford and John Payne,
who were ordered kept in Jail from
twenty to thirty days by the judge
and Of which no record was made on
the docket.
Managers COmplimented.
Van Mugs complimented the board
of managers on the high minded and
clean manner in which they had pro-
ceeded.
Starting in with the coming Of
Dearth to Muncie at the age Of
seven the speaker quickly Jumped
him into the judiciary without al
luding to the fact that the defend
ant had served as a prosecuting at
torney.
Great stress was laid on the fact
repeatedly announced by Dearth
i'm his own defense that 'he had
tried 1000 cases since coming OH
the bench and had worked night
and day i'm the interest Of the bet
ter citizenship of Mmcie."
Taking up the matter OF the dis
missal of the charges brought
against Sheriff Harry McAuley,
which will form part of the prosecu-
toni Van Nuys traced the selection
of the special judge-Clarence Be-
nadum, close friend of Dearth and
former organizer for the Ku-Klux
Khan.
Admits Deed
Van Mugs admitted that Dearth
had decided a lot twenty feet square
to Jury Commissioner Cavanaugh
for the consideration of 81 so that
Cavanaugh might qualify as jury
commissioner.
Van Mugs praised Cavanaugh and
stated that 'the only element in
Muncie who object to Cavanaugh are
the hi-jackers and bootleggers.
1t will be shown, stated the at
torney, that Dearth made but two
requests Of his jury commissioners.
One being that they place the name
OF women in the jury box, an inno-
walton at that time, and that they
do their duty thoroughly and Impair
tally"
The defense. Van Nuys outlined,
will admit that the judge called a
large number Of newsboys TO his
court without due process who had
been selling copies of the Post-Der|o-
crat in Muncie.
1T think that Judge Clarence w.
Dearth did lose his judicial temper
by calling for these boys" said Van
Mugs
The action of the court was
justified by the speaker by reason of
what he termed "scandalous and con-
temptible" articles which had APP
peared in the newspaper.
1T has never been held" he con-
tinued. that a newspaper can
scandslize and blackpail a man and
then wrap the constitution around
him for protection"
Perhaps Indiscreet"
Perhaps Judge Dearth was in
discreet and showed n lack Of
poise." Van Mugs admitted, but re-
member that these articles tried his
very SOUL"
The testimony heard by Judiciary
A committee OF the House before
the impeachment was ordered was
characterized by Van Mugs com
ing from those Desiring to protect
hi-jackers and bootleggers, whom
Judge Dearth and his able prosecu.
tor Van Ogle. now sitting as CO.
defense counsel. had tried to rid
Muncie Of"
After another warning from TIE
presiding officer to permit no one
to talk to them regarding the case
being heard. the Senators adjourned
until afternoon.
Among the witnesses summoned
for the trial who appeared early at
the Statehouse was Judge Robert
Murray Of Superior Court at Muncie,
who is expected to tell why he went
to the Legislature in 1929 and asked
for special law under which he
could draw his own juries.
NewsbOys Present
Four newsboys, whose papers were
seized and who were brought before
Judge Dearth, were also present to
tell their stories Of the incident
which led to the petition for i'm
parchment.
In opening his argument late Mon
day against Van Nuys objections
to the trial, Representative DELPHI
i. McKesson read the charges,
showing in each instance that the
judge is charged with corruption
and high crimes" He pointed out
that under impeachment proceedings
the thigh crimes" may be of politl.
cal rather than criminal nature and
are a matter entirely with the prov
ince of the legislative. rather than
the judicial, branch of the Govern
ment.
His principal contention was that
should the Senators rule in favor
Of the demurrer. which attacks the
constitutionality fthe law of 1897,
under which the impeachment was
brought, they would be setting them
selves up as a court with jurisdiction
to judge constitutionality
Up to Supreme Court
whether a law is or is not con-
stitutional is up TO the Supreme
Court alone to decide" McKesson
declared. at is not the matter of
opinion OF an individual or OF any
legislative body"
Regretting the fact that the mat