The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-26
DEARTH TRIAL TO
CONTINUE MONDAY


dS6
to the stand in rebuttal of this char.
acter testimony.
With day for closing arguments
the case should be decided by Friday,
according to predictions.
Detective Wilbur Cunningham of
Muncie proved to be the rock on
which the defense plans to go into
the grand jury investigation of the
murder of Edgar "Tiny" Voorhees, re-
ferred to in the Dearth trial fire.
quently, went amiss Friday after
noon.
The detective had been on the stand
but a moment or two when Attorney
Van Mugs wanted to know what
he had learned at the hospital when
he tried to talk to Voorhees, just prior
to his death.
A long legal skirmish followed in
which Presiding officer F. Harold
Van Orman decided with the prose-
cution time after time in sustaining
their objection.
McKesson, for the prosecution,
commended that such testimony would
open a wide vista and allow evidence
of the grand jury proceeding to
come and I'VE will be here until
Christmas
Senators William P. Evans and
William T. Quillin of Indianapolis,
sided with the defense. Attorney
Moses B. Larry got into the discus
sion and wanted the Senate as q
body to decide the matter.
Not Trying Jury
Senator Denver G. Harlan Rep.),
Wayne County, and Curtis Shake
Dem.), Knox County, who are assist
ing Van Orman in his rulings, made
statements to the Senate sitting as a
court on their reasons for advising
the chair as they had. Senator Har-
Ian said that "the charges on which
this impeachment is proceeding is
based on the unlawful, irregular
manipulation of petit and grand
juries and has nothing whatever to
do with what a grand jury did after
it was impanelled."
Senator Carl Gray of Petersburg,
said 'it is no concern of ours what
the police department of Muncie did
or did not do"
On standing vote of ~ to 18
the Senate voted to sustain the OBJ
lection of the prosecution and not
hear the evidence.
Cunningham was then excused.
Harry G.. Greenwalt, riding bailff
for the Delaware Superior Court,
testified that he never saw any jury
lists. He was not cross-eXamined
and only occupied three minutes of
the Senate's times.
From His Memory
From my own memory" was the
place that Mayor John c.. Hampton
Of Muncie, one time jury commits
sioner, got the names of most of the
people whom he placed in the jury
box for service in the Circuit Court
presided over by Judge Dearth.
Hampton, with an ingratiating
smile told the court that Judge
Dearth had told him that che had
been elected on a platform of good
government and that he must have
good jurors"
The witness testified that he had
been excused during the time that
the special venires were being drawn
for trial of "One-Arm" Wolf, charged
with murder of Ben Hance and wife,
and that his place had been taken by
Lemuel A. Dawson, who testified
Thursday.
Cross-examined by McKesson,
Hampton admitted that when fifty
names were drawn, that he supplied
twenty-five of them and that Cava-
naugh supplied the other twenty-five.
Some of them, he said he took from
the tax duplicate.
II didn't have time to get all of
them from the tax duplicate" is the
response that Hampton made to SEN
ator Thomas II. Brenaman, of
Brownstown, when questioned as to
why he didn't comply with the law.
which states that all jurors should
be taken from the tax duplicate.
Senator Curtis III. Shake made
the witness admit that he did not
follow the law in selecting jurors.
Mostly Muncie Jurors
Senator oliver H. Kline, hunting
ton, said that his figures from evil
dence showed that only about two
per cent of the jurors called came
from outside of Muncie. To this
Hampton said that he thought that
1t should be that way.
The witness did not know that
this, too, was illegal, he testified.
Jacob Cavanaugh, Dearth jury
commissioner who figured so prom
inently in testimony regarding ir.
Irregularities in jury selection, fol-
lowed the mayor on the stand.
A slight fellow of siXty-three years
with a gray mustache, he caused a
furry throughout the chamber when
he took the stand. Hangers-on crowd
err to the rails to catch a glimpse of
him.
The usual opening questioning
brought ripple of laughter when
Cavanaugh testified that he was "in
the commission business" Further
questioning by Defense Attorney
Van Ogle developed that he was con-
nected with the Muncie Livestock
Company and bought and sold stock
at the stockyards. The commission
business bore no relation to his court
work.
Says He's Democrat
'T've been a Democrat all my
life," he explained to questioning.
He was appointed jury commissioner
by Dearth in Dec, 1922, sworn Jan.
2, 1923, and is still serving. he tesu-
fed. There had never been any
names submitted by the judge and
that officials only comment to his
commissioners was that they select