The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-02-24
c. DALE TO FACE
Jury INDICTMENT
Continued From Page y

picture. Previously Pearson had
snapped the judge.
Say, I'm the court" Judge
Dcarth told Pearson. you get out
of here. We don't want you i'm
here at all. II you don't go III
have my bailiff put you out" He
then turned to the bailif and told
him TO take Pearson out. Two
deputies escorted Pearson out of
the building and watched him
leave the grounds.
Judge Dearth, it is believed had a
statement prepared to be given to
the grand jury in open court regard
ing the Dale contempt case, but
suddenly changed his mind when he
learned, an Indianapolis Times re-
porter was in the courtroom.
Planned Prosecutor Rap
1t is rumored that Judge Dearth
had planned to criticise the prose-
cutors Office in his contemplated
pered around the courthouse that
the judge was going to charge that
Prosecutor Joe Davis had failed to
approve an affidavit charging crimi-
nal libel against Dale, and because
of that failure was asking the grand
jury to act.
However, it was stated on good
authority, that the prosecutors office
ha1 fha aT idn x-if ic
said that the judge as early as Sat-
urday had sworn out an affidavit
as a private citizen and submitted
it to the prosecutor. The prosecutor,
it is declared, approved 1t. 1t was
too late to be filed and a warrant
issued that night.
Early Wednesday the judge an
nounced he would call the grand
jury together at 1:15 for instruc-
tons. Trial Of a criminal case, how
ever, delayed matters.
In the meantime. Garrigus, The
Times reporter, was waiting in the
corridor.
Bailiff Approaches
Clarence James Gilbert, acting
court baillff, approached him. "Who
are your" he demanded.
Garrigus told him.
"Come in here" said Gilbert
Gruffly taking hold of Garrigus'
arm and leading him into the
sheriff's office on the same floor.
Now you stay there" he conf
manded Garrigus, leaving him in
n small ante-rOom and left.
In about five minutes Gilbert re-
turned. lie was smiling.
IT'S all right. Judge Dearth said
you could come in the courtroom
and take just as many notes as you
wish"
However the criminal case was still
going on. Garrigus stayed in the
corridor.
Several times Gilbert came up to
him, smilingly.
Offers Seat
"Come on in and sit down. Here
I'll get you a seat"
A crowd of several hundred
spectators was present in the court.
room when the grand Jury came in
for instructions.
Judge Dearth Immediately had
Oren Broyles, a new grand juror,
sworn in.
When Judge Dearth called the
grand jury to meet. Merrell Pickell,
a highly respected farmer of Hamil-
ton Township said it would be in.
convenient for him to attend. Judge
Dearth ordered a new juror drawn
TBroyles.
A Road Supervisor
Broyles is a road supervisor of
Washington Township.
He is the second road supervisor
on the grand jury. Arch Hamilton.
the foreman, is being supervisor of
Perry Township. He is a near rela-
tive of Sherman Shroyer, county in.
Urinary superintendent.
In addition there are three women
on the grand jury, Mrs. Ivey Curtis,
Mrs. Julia Kurtz and Mrs. Francis
Peterman.
Although the law states that grand
jurors must be freeholders Mrs.
Curtis name does not appear on the
last tax duplicate. She is a deputy
assessor=-a political office.
Mrs. Peterman is the wife of Po-
lice Sergeant Henry Peterman.
Mrs. Kurtz is sister of Shroyer,
the county infirmary superintendent
which makes her a near relative, of
course, to Hamilton, the other grand
juror.
And Donavan
The other man on the jury Is Leo
NJ. Donavan, the juror who recently
filed an affidavit against a defendant
when the rest of the jury refused TO
return an indictment.
This was the grand jury which
Judge Dearth called to delve into the
Dale affair.
Then while the spectators awaited
anxiously. with a number of news
paper men all Sc to copy down sem
sational charge to the jury. Judge
Dearth cleared his throat.
you will consider some matters
which will be presented to you by
the prosecuting attorney. You will
retire."
And that was ALL
The grand jurors filed on. Of the
room.
Dale's friends, including many
persons who were against him before
the attempt to suppress his paper.
plan . demonstration fer him when
he returns from Waahiagtou.