The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-21

by the Senate.
For months Judge Dearth and
George Dale. editor of the Muncie
Post-Democrat, had been in a bitter
personal feud. Time after time Dale
attacked Dearth in his paper and
the judge ordered Dale into his
court
He imposed several sentences upon
Dale. one term of ninety days on
the Indiana State Farm being APP
pealed to the State Supreme Court
by Dale. This resulted in the famous
"the truth is no defense in contempt
cases" decision of the Indiana SUI
preme Court, which Dale carried to
United States Supreme Court. This
case is pending.
on Feb. 10 the issue of Dale's
paper carried a particularly bitter
d.nunciation of the Judge in the
form of an anonymous letter.
The judge, according to Muncie
citizens, ordered police and deputy
sheriffs to round up all the news
boys selling the paper and bring
them to his court. The boys. esti-
mated at thirty-eight, were herded
at police headquarters and ut the
courthouse and finally taken into
Dearth's courtroom.
Boys Threatened
rrt.n.o T,ao,tt, 4d~oo.o,,oJ a., ho,.e
that if they continued to sell the
paper they would be brought into
his court, and directed the officers to
take the boys papers away from
them. No legal action of any kind
was filed against the boys.
The sheriff took the boys papers
away and put their names down as
they filed out, like prisoners just
being freed. Anumber of the boys,
recognizing an invasion of their
rights, FASTENED back to the Post
Democrat office, got more papers
and proceeded to "bootleg" them on
the streets.
Police captured several OF these
boys and took them back TO the
courthouse, where their second sup.
ply of papers was taken away.
One of the boys testified later that
the policeman who caught him
took him up an alley saying he
was ashamed TO be seen taking
him up the street.
Citizens Aroused
Indignant Muncie citizens took up
the cause of the boys. Francis Shaw,
then president of the Muncie Bar
Association, was in the courtroom at
the time the boys were threatened
by Dearth and took stenographic
notes of the proceedings.
Muncie newspapers devoted little
space to the affair. The Indianapolis
Times investigated the incident and
other affairs of Dearth's court. The
Times discovered the writer of the
anonymous letter which aroused
Dearth's ire was Clell Maple, Mum
Gle manufacturer and former friend
of Dearth. Maple insisted that the
judge should single out him for re-
venge, if he picked anyone.
On Feb. 20, The Times printed
the story of the affair with a front
page editorial entitled "Impeach This
Mussolini of Muncie."
Reporter Detained
That afternoon Ross III. .Garri-
Gfokn aIsfA0. Of TI,n
taken in charge at the door of
Dearth's courtroom by Dearth's
bailiff, led to the sheriff's Office and
detained there several minutes.
Garrigus had desired to enter the
courtroom, public place, because
IL had been broadcast that Dearth
had called the grand jury to inves-
tigate the Dale paper article. After
being a virtual prisoner Garrigus
finally was told that he could enter
the courtroom.
Meanwhile Judge Dearth hal or
dered Ernest Pearson, Times staff
photographer, out of the courtroom
and clear off the courthouse grounds,
also public property, when Pearson
had asked the judge to pose. Two
deputy sheriffs were assigned to see
that the judges orders were carried.
Pearson, however, came back,
later and took his picture of the
judge--in the act of lodging be-
hind a friend TO avoid the camera.
The grand jury indicted Dale on a
charge of criminal libel.
Dale Avoids Arrest
Dale was in Washington, D. c.
He has not entered Indiana, stopping
at FIT. Recovery, Ohio, close to the
Indiana border, where he says, he
will remain until Dearth is ousted
from the bench because he fears he
could not obtain justice in Dearth's
court were he to return and submit
to arrest.
The Times repeated it's insistence
that Dearth be impeached for sup
pressing the press.
On Feb. % formal impeachment
charges were filed in the House by
Representative John w. Scott, Re-
publican, OF Lake County. The
charges were referred to House Jul
dietary A committee, of which Repre-
sentative j. Glenn Harris, Lake
County, was chairman.
This committee held a public hear
Ing the night of Feb. 2S, at which
Prosecutor Joe II. Davis of Della
ware County. his deputy, Paul
Brady; one of the -newsboys, Shaw
and other leading Muncie citizens
and lawyers testified.
The lawyers elaborated upon the
charge Aof jury irregularities con.
tanned in the impeachment charges.
They told Of instances where num-
bers of persons not freeholders were
chosen for jury service repeatedly,
within a year, in Dearth's court, how
protests had beer made, and no
changes noted.