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

port Texas, Z9s, ana CoInmerclaI
Solvents B, 6 points.
that the man in question is con-
nected with a banking institution in
Yorktown. a small Delaware County
town about six miles from Muncie.
Clancy again spoke in favor of
submitting the names each day, but
by vote of Al to the court voted
down the proposal.
Senator j. Monroe Fitch, Della
ware County. refused to vote.
Not satisfied with the vote Clancy
sought to introduce a motion that a
list of witnesses be furnished each
day TO the defense.
Senator Carl Gray. Petersburg,
moved to table Clancy's motion.
Lieutenant Governor Van Orman's
ire was aroused and he roundly
scored the dilatory procedure sug.
gested by repeated requests for roll
calls and the making OF motions
which had already been disposed of.
BY a viva voce vote the body de-
cided to lay Clancy's motion on the
table. Representative j. Glenn Har-
ris. Lake County. then began the
opening statement for the prosecu-
ton.
Harris declared the State would
present from two TO four witnesses
on nOintS in tho pharpec
He outlined the various charges
against Dearth. The case of Editor
George Dale and his many battles
with the court will enter but little
into the evidence, he told the
Senate.
Outlines Case.
"Our testimony will show that on
Feb. 10, 1927. Judge Dearth or
dered newsboys carrying the Muncie
Post-Democrat ha,ed in off the
streets by officers. remanded them
and took away their papers," Harris
explained.
At this juncture Dearth pulled a
pair of steel trimmed spectacles from
his pocket and putting them on
glanced across the table to where
his court reporter, Charles White.
was taking notes. White Is the Of
fetal reporter Of the Delaware Cir
cult court and is paid by the tax
payers of that county.
Taking away of those papers was
confiscation OF property and opposed
to the fundamental rights guaranteed
by the United States Constitution
and that of the State of Indiana"
Harris continued. I'VE will, also
show that the Judge told those boys
who had not paid Mrs. Dale for the
paper to never pay her. This, how
ever. is but one of the incidents for
which this judge has been inn
peached.
Ordered Jury
I'VE will show that he practi-
caIly ordered the grand jury to
impeach Sheriff Harry MacCau-
ley and then later asked the
prosecutor to have the findings of
the grand jury quashed. He
charged that the sheriff was not
cooperating with the court and
that there was gambling and
drinking i'm the county jail. He
asked that he be ;mpeached and
told the grand jurors that IL they
failed TO return impeachment
charges he would get jurors that
would do so. They were returned
and the sheriff held on thirteen
out Of fourteen counts.
1.-The judge then went to Canada
on q vacation and when he returned
he had a change of heart. He wrote
a letter to the prosecutor and said
the sheriff was all right now, and
charges should be dropped. They
were quashed upon motion of the
prosecutor, while special judge
was on the bench.
Testimony will show that the
Judge declared for a jury that will
go down the line for our friends and
does what we want Surely this is
beyond all principle of jury selec-
ton"
Cites Cavanaugh Case
Harris then cited the selection of
Jacob Cavanaugh as jury commits
sioner in Nov. 26, 1922, and de-
clared that the evidence VIII show
that he was not a freebooter, as re-
quired by law. until December of the
same year when the judge himself
deed him a 20-foot square lot on an
alley. The lot was a small piece of
a larger property owned by Dearth.
ut is obvious that this lot was
given to the commissioner for the
sole purpose of qualifying him as
a freeholder," Harris pointed out.
1T is absolutely useless in It's loca-
ton.
I'VE will show jury lists taken
from names in the telephone direc-
tory. Many Of the names are not
on tax duplicates and some are in
the judges own handwriting. We
will show that irregularities in Sc
lection Of jurymen existed and that
the court knew about 1t and even
fostered it.
I'VE expect to show n list OF
names in the judges handwriting.
some marked twill do and others
twill not do This list fell into the
hands Of the sheriff while the judge
was away and may have had some
thing to do with his change Of heart.