The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-31

MED that this was list of prospec-
tive jurors for the trial, which had
been the States contention.
Sallwasser also called attention to
the testimony of Jury Foreman Jes-
ter that he was told by the judge to
bring impeachment charges against
! Sheriff McAuIey or "Ill get jury
that WILL" and how later the charges
were quashed on the judges own
request.
IF McAuley was guilty, as the
judge himself testified before that
grand jury, he should have been
| impeached. Quashing tine charges
indicates that the defendant is I'M
qualified to sit as judge. The power
of removal lies only in this court.
Under the sanctity of your oath it
is your duty to mete out justice in
this case and remove Judge Dearth."
While many of the Senators sat
munching apples, Former Supreme
Court Judge Larry began his argu-
ment for the defense.
Pointing to the fact that many
of the Senators were not lawyers,
he started on a long explanation
that they were the judges of the
law and the facts in the case.
Quotes Law
Explaining that he thought the
| Senates action in overruling the
demurrer filed by the counsel for
Dearth was not conclusive and that
they still had the right to say that
their meeting and hearing of the
| impeachment was unconstitutional.
Larry quoted law on the legality of
| the Senates action in hearing the
| case.
He brought out the fact that in his
opinion even though the Senate
to order the removal of the judge.
Therefore, he contended, the whole
action was not valid.
Larry compared the present trial
to that of Christ before PLATE.
Representative William Henry
Harrison of Indianapolis, speaking
for the prosecution, took up the
constitutionality Of the law under
which the impeachment proceedings
were brought and tried He dwelled
on the testimony of various wit
nesses who had told of wrong acts
on the part Of Dearth.
Taking up Van Mugs argument in
his opening statement, which Dearth
had sought to justify by innuendo,
that Dale had printed an editorial
attacking the chastity of the
judges, daughter, Harrison said:
Had this charge placed at the
door of Dale by Mr.. Van Mugs been
true then he would not be worthy
of any consideration. Then he would
indeed, be of low type.
No Evidence
mot one scintilla of evidence has
been introduced here to substantiate
that charge. What was proven and
admitted by the defendant is that
Dale printed a fine sympathetic ar
ticle.
mo witnesses were introduced to
substantiate the charge made by
counsel for the defendant and all
that Dearth would swear to was the
Dale has said, when the truth is
known there will be another side to
it'-but even that they did not
prove.
1--WE must make the judiciary an
abiding place only for highly re-
spected citizens.
Have we any assurance that
Judge Dearth will reform if you let
him go free. VTill he reform in fact
or will be reform as he said Sheriff
Harry McAuley did, by not doing a
thing to change conditions.
eff you Senators leave Clarence
ware Circuit Court then you might
as we'll inscribe over the door of
that court Abandon hope all we who
enter here"
Because he has no vote in the
matter, Lieut.. Coz. r. Harold Van
Orman was absent from the bench
the greater part of the morning
argument.
Long Resentment
Impeachment is the elimination of
rising tide of resentment against
alleged jury irregularities in the
Dearth court which has been gaining
momentum since the judge took the
bench in 1922.
An overt act of the judge in sup
pressing an issue of the Muncie Post
Democrat on Feb. 10, by herding
forty newsboys into the Courthouse
and taking their papers away, furn-
ished the climax.
"Impeach This Mussolini of Mum
cie'' was the headline over a front
page editorial in The Indianapolis
Times and a plea was made for the
constitutional guarantee of freedom
of the press.
Soon this cry was heard from
the floor of the House Of Representa-
tives as Representative John w.
Scott Rep.) Gary, presented a petit
| ton signed by hundreds of Muncie
citizens demanding that Dearth be
| impeached.
Public hearing on the matter was
held before Judiciary A Committee
Of the House. Feb. 2S, and impeach-
ment was voted March 2. The
House board of managers presented
the charges to the Senate on March
4. They were accepted March 5 and
date of trial set for March Is.
Gilliom Against
Governor Jackson, upon advice of
Attorney General Arthur L. Gilliom,
refused to recognize the procedure
and permitted Dearth to remain on
the bench. The judge appeared at