The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-28
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shown that out of ten names picked
at random from the book by Ogle,
seven were members of the same
church to which Cavanaugh and
Dearth belonged, two did not belong
to the church and the witness was
doubtful on one. The church in
question is the High Street M. e.
Church of Muncie. Cavanaugh was
president of a Sunday school class
which Dearth at one time taught.
17-Cent Taxes
Il paid II cents in real estate taxes
for the last year." Cavanaugh adj
mitted. He did not know what
amount he had been assessed on, or
the value of the dab of real estate
which he has admitted was decided
him by Dearth for the express pur-
pose of qualifying him as a jury
commissioner.
81 didn't have time to search the
tax duplicate for jurors" was his eX-
cuse for not complying with the law
which demands that a juror be a
property owner.
Questioned by McIIesson, Cavan-
augh said:
THE Judge told me to be sure
and get respectable citizens on the
jury"
Did you tell the judge about your
little red book" asked McKesson.
81 didn't mention the color"
But you told the judge about the
book didn't your"
Il very seldom talked to the judge
about jurors"
But you did talk to him about
them?'
Always Democrat
The witness swore that he had
always voted the Democratic ticket
although another witness had testi-
fed that he polled Cavanaugh as a
Republican.
AS a Christian gentleman, who
took an oath, were you not both
cred about taking names from your
memory and the little black book
when the judge told you to get them
from the tax duplicates?" McKesson
queried.
Cavanaugh, said that he was mot
bothered and also that most OF
the names read from the book were
those of members of the Dearth-
Cavanaugh SUNDAY school class.
Upon further questioning by
other Senators he admitted getting
most of the sos names Of jurors
drawn for the "One-Arm' Wolf trial
for murder from his memory.
II might have gotten a few from
the county directory in a case as
big as that" Cavanaugh countered
in defense of his memory admission.
Aided by Others
"Did other jury commissioners
ever assist you?" Senator Oliver
Kline. Huntington. inquired.
They had the privilege, Cavanaugh
admitted. and declared that they did
exercise it.
"You understand that a juror
must be a freeholder and yet you
do not know what a freeholder is?"
Senator Fred NJ. Dickerman, In
dianapolis. asked. The witness re-
fused to answer that question.
Time after time the witness 4, be-
came confused. Under a barrage of
questions by Senator II. Lyle Shank
Rep), of Angola, the jury commits
sioner admitted that, although he
had lived in Delaware County for
thirty-siX years he did not know the
names of the townships in his coun-
ty. He could not tell what direction
the various townships were from
Muncie.
He told the Senator that Niles
township was southeast of Muncie,
when in reality it was northeast.
His excuse was that he was not in
politics, although he acknowledged
that he Travelled over the county as
a stock buyer.
Another Commissioner
"a coincidence" is the way Milton
S. Davis. jury commissioner, who
was called as the next witness, |
described his placing the name Of
Mrs. Jacob Cavanaugh. wife OF Jury
Commissioner Cavanaugh, in the |
jury box at the same time that
Cavanaugh placed the name of Mrs.
Davis in the box.
Serving internationally from Jan.
II, 1926. to March /, 1927, Davis,
who is now deputy assessor, stated
that he had filled the jury box twice.
He said ''he thought that Mrs. Cav
anaugh's name was on the tax dupli-
cate" and said that he had placed
only such names as were on the
duplicate in the box.
"You and Cavanaugh thought it
was a great joke to put each others
wife's name in the box, didn't your"
asked McKesson.
mot exactly a joke, a coinci-
dence."
"a remarkable coincidence, I
would say"
Eyes, it looked that way"
Church Member
Charles Devinney, who served as
Jury commissioner pro tenn under
appointment from Dearth in the
summer of 1926, admitted that he
was a member of the same church |
attended by Dearth and that he had
been a member of the Sunday School
class which the judge taught.
His wife was drawn twice on the
regular jury panel, he said, but he
did not know whether or not she
was on Cavanaugh's special list or
in his little red book"
Senator Alonzo Lindley, Klingman,
made the witness admit that Judge
Dearth did not tell him what the
qualifications of n juror was under
the law, while Senator George w.
Sims, Terre Haute. got the witness
to say that he did not know what
the law was on drawing juries.
In his brief term Devinney said
tI-nt bo had drau-u rap1nS from tho