The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-29

Continued From Page II
| fled to by Murray. Dearth said he
suggested that Murray have his own
commissioners.
Questioned by Attorney Frederick
Van Mugs, his chief counsel, Dearth
stated he was 81. that he had lived
in Delaware County for forty seven
years. that he was born in Ohio, was
married and had a family. He
stated that he had had two children
one Of whom was dead.
Tells Life History
Dearth traced his schooling at
Royerton Qnd.) how he went to Val
paraiso College. from which he did
not graduate, that he taught school
for seven years and then went to
Indiana Law School. He also stated
that he had worked on a farm, been
a factory employee and labored in
a brick yard.
Each answer was made in a slow
deliberate fashion.
He quickly told of being elected
and serving two terms as prosecuting
attorney, from 1899 to 1908. He did
not lay any stress on these two
terms. He then told of serving as
Delaware Circuit Court probate COM
missioner for four years.
What kind Of a platform were
you elected on?" Van Mugs asked.
ION platform of law enforce
ment."
DO you remember the incident
referred to in the testimony of
Harry Lanning, principal of the
Emerson SCHOOL,"
This conversation, according to
tanning, took place at a political
meeting and tanning testified that
| the judge had admitted that juries
were being selected for the purpose
Of securing convictions.
Tells of Talk
Describing the conversation
Dearth gave it the following inter.
probation:
| Il had made a little talk and
after the political part of the meet
ing-Lanning, my wife, John Hamp.
ton and others were there-I said,
1t has been said in George Dale's
| Post-Democrat that grand juries are
being packed and are hand-picked
Folks, that isn't true, but / am for
John Hampton (then jury commits
sioner), because John has always
picked good juries and if they call
that hand picking them, all right 80
His acquaintance and twenty
years friendship with Jacob Cava
naugh, jury commissioner, was then
related by Dearth. He gave a his
tory of his twelve-year service as
teacher Of the Sunday school class
Of the High Street NJ. e. Church
to which he and Cavanaugh be
longed. Cavanaugh was president
of the class.
Getting to the appointment OF
Cavanaugh, Van Mugs brought out
the following:
after 1 had been elected in 1922
l called Mr.. Cavanaugh to my office
and told him that 1 wanted him to be
my jury commissioner. You are ex.
actly and identically the man ]
want.
He told me that he would think
it over. which he did. When he
came back he said that he wasn't a
freebooter. that a jury commission
er had to be a voter, a freebooter and
a householder. He also said that he
had about $4,000 in house on
jackson ST., but that it was in his
wife's name.
Describes Sale
81 said to him, Why not buy a
cheap lot. it doesn't matter if it is
a foot square or twenty feet square
or 200 acres So then my wife and
l decided him twenty feet off the
back end of our lot"
"Why did you want to appoint
Cavanaugh?"
Because / knew that he was a
man Of high standing. honest and
conscientious. and acquainted with
many people throughout the
county,
Denying he attempted to influence
the selection of jurors in any way
Dearth declared that he ever asked
for anything but good citizens.
Selection of women jurors was
explained by Dearth. He said that
he had a talk with the commission,
ers. told them that women are now
voting and have equal suffrage and
can see no reason why they
shouldn't serve as Jurors, but they
could use their own judgement"
Dearth denied that he ever gave
Cavanaugh a list of names to be
i drawn as jurors or list for any
purpose, as had been testified to by
Shaw.
After an ex-convict served on one
of the juries. 1 told Deputy Sheriff
Inflow that after this / wanted only
good citizens on the jury and asked
him to let Deputy Clark go out and
get them. as he knew who they
We're. the judge testified. in defend
ing his alleged favoritism of CLARK
for Serving jury subpoenas.
Clark was a prosecution witnes.
and took credit for a long list O.
jurors whom he could call by phone
Were you in any way to blam,
for the juries composed entirely o.
women" Van Mugs inquired.
Il was not" the Judge countered
II know that the regular panel wa.
composed of both sexes and didn I,