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

Judge Dearth outlined the lSSu'
Harris declared that the House
would prove that Dearth had vio-
lated the constitutional guarantee
of freedom of the press by an un.
warranted conflscation of newspa-
pers and the Illegal detention OF
newsboys. He declared that the evil
dence would show that the control
Of juries had been Illegal. and that
the appointment OF a jury commits
sioner who was unqualified had re-
suited in the miscarriage Of justice.
Defense OF Admission.
The defense Of Judge Dearth will
be an admission and an attempt at
justification, according to Van Nuys,
Going back to a tragic incident in
the life OF Dearth when his daughter
met with death by drowning, Van
Nuys said that the newspaper pub
lished by George Dale had printed
articles 80 outrageous that he could
be excused for losing his judicial
calm at times. He also explained
that the judge acted upon the whis-
pered advice of an unnamed police
man who suggested that he order
the Dale papers confisticated.
Van NHys admitted that the
records would show that when Jury
Commissioner Jacob Cavanaugh was
first appointed he owned no property,
but that later Judge Dearth decided
to him lot for the purpose of
qualifying him, then reappointed
him and made II all regular and
that ne had named Cavanaugh, be-
cause he could be depended upon to
aid in war upon bootleggers and vice
vendors.
These are the lines along which
the impeachment trial win proceed.
Senate Asserts Power
The morning session resulted in an
assertion by the Senate of it's power
to impeach and it's declaration that
the statutes giving it that power are
valid.
1t also resulted in a decision that
the acts as charged in the bill OF
impeachment. in its opinion, come
under the designation of "corrup-
ton and high crimes"
The Senate, by ifs vote Of 4S
to 1, decided that the charges Of
suppression Of newspaper by
cOnfiscati0n are sufficiently grave
to impeach and that the other
charges Of jury manipulation
come within the realm Of Iegis-
Iative action against judges.
With these important decisions
rendered, the trial now becomes a
matter OF proof Of the charges in
which the Senators will act as Ju-
rors.
The first witnesses TO be called
were four OF the newsboys whose
papers. they allege. were taken.
They were James Kerrigan, John
Raines, Robert Baddens and Vernie
Lykins.
Vote 48 to I
After hearing arguments for an
hour on opening Of this mornings
session the Senate passed a motion.
4S to 1. to overrule the bill of OBJ
jections attacking constitutionality
of the trial. filed Monday afternoon
by Van Nuys.
The motion came from Senator
Carl Gray. who declared "thls body
has a right to determine whether
the defendant has been guilty Of cor
ruption or other high crimes not
from statements of his own attor
neys, but from the evidence OF wit
nesses."
Senator Gray was followed by Sen
ator William p. Evans of Indianapo
lis, who said that It was fitting that
the attorneys of the Senate explain
the legal situation. apart from ar
guments by either house managers
or attorneys for Dearth. He de
clared the Senate has the power tc
sit as a court Of impeachment.
Each Senator was limited to ter
minutes in a discussion of the lega
questions raised by attorneys foi
! Judge Dearth and answered for this
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