The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-04-18
ORDERS
ARN|TAGE CITED.
Continued From Page y

Armitage or any other persons so
that the court can issue an order
citing him, or them, for contempt Of
the Criminal Court Of Marion County
and the grand jury.
Two Lawyers Named
1.-THE court of it's own motion will
appoint Emsley w. Johnson and
John w. Hoffman as special deputy
prosecuting attorneys to assist in
this investigation and trial Of said
James Armitage, or any persons
charged by information with con-
tempt in this matter.
These appointments will be made
subject to she willingness of these
attorneys to serve.
LAS quickly as the court is APP
prised of all the facts then the court
can exercise the power granted in
Sec. 212O. Burns Statutes as above
referred to.
Pending the disposition Of the
contempt proceedings now ordered
by the court, the grand jury of Mar
lOIi NfO0liAg 10 cltJONA AlNN bAiNAA III
Their order of the court"
The first part of Judge Collins
statement criticised Remy for the
action he took presenting the afIi-
davit of Achey charging Armitage
attempted to bride him and the mo-
ton to discharge the jury.
"There is no statutory prOvi-
sion for any such proceedings,
Collins said. "And no power has
ever been delegated to the prose
cutting attorney of this State over
grand juries, this power being
solely lodged in the court. This
motion could not be properly
made a part of the records of this
court"
Collins quoted from the law setting
out that the prosecutor acts only
in an advisory capacity to the grand
jury.
Entanglements Feared
1T follows that the court could
not entertain the motion rendered
by the prosecuting attorney Collins
said.
"TO have sustained such a mo-
ton would have subjected every
Indictment TO attack that would
he returned by succeeding grand
jury if one were called for the re.
mainder of the term. Ii would also
have subjected any affidavit to
similar attack"
He also declared that Grand Juror
Achey violated his oath with the
court in not presenting the matter
to the court rather than to
the prosecutor.
1t was Achey's duty to report to
the court Immediately upon any ap-
proach by Armitage in connection
with his possible vote on any indict,
ments presented the jury.
This makes his conduct repre-
hensible, Collins sai6l.ee Had he
presented this matter to this court
proper action would have been taken
for an immediate investigation.
When Collins finished reading his
order, Clarence Weir, attorney for
Achey, said:
The court has indicated in this
statement the incorrectness Of Ach-
ey's actions. Achey reported the
data 10 me and I advised him to re-
port the matter to the prosecuting
attorney. If any one is cited for
contempt, I desire to be cited.
Achey Defended
"Achey has acted solely upon my
advice. l conceive that he should
report to the prosecuting attorney.
l went farther advised him that
the disclosure of the matter would
break out into disagreeable noto-
riety, but he owed it to the court.
IF any one is going to be cited, I
want to be cited" he repeated.
Judge Collins told Weir that it was
Achey's duty under his oath to. re-
port the situation to the court. Col
Inns said that he did not indicate that
Achey should be cited, and did not
believe that Weir would give wrong
advice.
Prosecutor Remy told Collins that
he had taken Achey before the entire
grand jury and that the grand juror
had made his statement before them.
"When did you first learn of this,
Mr.. Remy?" Collins asked.
Monday, a week ago." Remy an
swered.
The first information this court
had was when Clark came to me
and asked if the grand jury could
issue a subpoena. l told him that
the grand jury was supreme and
could do it," Collins said
Judge Collins then turned to
Remy' and stated:
Mr.. Remy. the court wants you
o understand that this court is 60
ng to give you the fullest cooper
alton in this matter and will aid to
he fullest extent in getting this
matter cleaned up"
Remy's motion to discharge the
Jury was presented Thursday, sup
ported by the affidavit signed and
sworn to by Achey in which it was
charged that James E. Armitage
offered him $4,000 and a job if he
would vote in opposition to indict-
nents against Mayor Duvall.
Swings Into Power
Armitage, in his conversation with |
Achey, according to the affidavit, |
stated he had two members of the
ury, but needed a third"