Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-23
JUDGE CALLS Jury
FOR DALE CASE
Action Sought Against Editor
Because of Article Criti-
Ching Jurist.
By the Associated Press.

| BY the Associated Press.
| MUNCIE, Ind, February 23.-Judge
| Clarence w. Dearth of the Delaware
| Circuit Court called the grand jury to
assemble this afternoon, presumably
| to consider the case of George II.
. Dale editor, copies of whose weekly
newspaper were confiscated last sat
urday because of an article therein
criticizing Judge Dearth and other
/ county officers.
| Dale. who is in Washington in con-
nection with an appeal from a con
tempt conviction imposed by Dearth,
| is expected to return to Muncie next
! Saturday.
Judge Dearth's action was taken
without consulting Joseph Davis
i prosecuting attorney, Davis said when
| Informed of the calling of the grand
| jury.
Warns NewsbOys.
Judge Dearth today cited the statute
which makes it an offense for siander
| to be/repeated again and again, ana
announced that newsboys, VINO In the
future attempt to circulate news
papers containing slanderous state
ments would be brought into court.
II am not worried by impeach-
ment threats" Dearth said, adding
| that he had retained Van l.. Ogle, for
mer prosecuting attorney, as MS
| counsel.
Circulation of Dale's newspaper was
| suppressed last Saturday by police
| and sheriffs deputies on order OF
| Judge Dearth, and SO neWsboys were
| hailed before Dearth and threatened
with being placed in juvenile detention
| if they continued to sell their papers.
| The impeachment threats, were said
do I.x-f r~in of
who proposed to take action against
| the Judge in the State legislature,
which is now in session at India
napolis.
Mr., Dale, who has carried to the SUI
preme Court his fight to keep from
serving a sentence for contempt of
! court, was preparing today to leave
| Washington for his home to face two
new legal actions brought on by his
bitter fight against conditions in
Muncie.
With his application for reinstate-
| ment of his appeal safely filed with
the clerk of the Supreme Court. there
by fortifying himself against immedi-
ate arrest to begin serving his term,
the Ku Klux Khan foe turned his
attention to another citation for con-
tempt, filed Monday, and a civil suit
asking $4,000 for libel
Informed of New Suit.
Dale expects to abandon a contem-
plated trip to New York and to return
Immediately to Muncie. He was in
formed by telephone last night, he
said, Of the damage suit, which follows
his conviction last Summer on
charge Of criminal libel, growing out
of the publication of the same article
in the Muncie Post Democrat. The
| aggrieved person is Raymond Warren,
to whom Dale gave some attention in
the columns of his paper.
Dale, who has been convicted on
| two charges of contempt, and one of
criminal libel, carrying combined SEN
fences of IL months and 81 400 in
fines, with several other actions pend
ing against him, came here last week
to get his case before the Supreme
Court again. His first appeal was
thrown out last month because of his
failure to file the proper papers.
Steps to Block Arrest.
He said today that steps had been
taken in Muncie, seeking to prevent
his arrest on the new contempt charge
when he returns. The charge. he said,
grew out of the publication Of a
communication in his paper attack
ing the court. His wife has been
editing the paper, in his absence.