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

The House voted, SO to /, to I'M
peach Dearth. Scott presented
the petitions fr0m Muncie citizens
which brought the impeachment.
which he wished. He stated that
this conversation took place in
discussion of an announcement by
Judge Dearth that he would secure
the impeachment of the sheriff OF
Delaware County because Of the lat
ter's failure to enforce the laws, and
that a jury thereafter was called
which did return fourteen grounds
of impeachment which were later dis
carded by the said Judge Dearth.
Francis A. Shaw, president Of the
Muncie Bar Association, read to this
committee his own written notes OF
an incident in the courtroom OF
Judge Dearth, when a large number
of newsboys were taken from the
streets and brought before the
judge. The judge at that time told
these boys that the papers taken.
from them would not be returned to
them. He ordered each boy to give
his name and address to the sheriff
and release them with the threat
that any further sale of the
particular newspaper would result in
their being brought before him as
juvenile judge and placed upon pro-
baton. The only reason given by
the judge for the arrest of these boys
and for the confiscation Of those
newspapers was that the papers so
confiscated contained a slanderous
article concerning himself and one
John Hampton, mayor Of Muncie.
Police Used
That these boys had been arrested
upon the streets by policemen act
ing under the orders of the said
Judge Dearth and that their papers
were confscated by the sheriff act
ing upon the judicial order of said
Judge Dearth.
Mr.. Shaw further testified concern
ins irregularity in the drawing of
juries which had resulted in miscar-
riage of justice. He stated that lie
had seen the said Judge Dearth pre-
pare lists of names from a telephone
directory and hand them to a jury
commissioner whom he had ap-
pointed to Office.
Lon A. Guthrie, an attorney of
Muncie, who had been called as
often a special Judge by Judge
Dearth, stated that he had objected
to Judge Dearth as to the manner
in which juries had been drawn and
that the fact that many persons
were repeatedly called for jury serv-
ice within the same year.
Prosecutors Story
Joe H. Davis, prosecutor attorney
for Delaware County, stated that he
had objected to Judge Dearth con-
eerning n jury commissioner ap-
jointed by Judge Dearth and had
charged that he could prove at least
illegal acts by this COM
missioner since Jan. 1, 1927. He also
stated that it was a matter of COM
mon rumor that at the time of the
appointment of this jury commits
sioner by Judge Dearth the said
commissioner was not qualified free
holder under the law and that later
did qualify as n freebooter through
q deed to a small lot from said Judge
Dearth.
Your committee also heard Johnny
Raines, a newsboy, who described
in detail his arrest by a policeman,
the confiscation Of his newspapers
and his appearance before Judge
Dearth. The story told by this boy
is convincing as to the charge that
Judge Dearth did on Feb. 10, 1927,
without warrant Of law and without
charge, violating the constitution of
the State of Indiana in the confisca-
ton Of property and, for the ad-
mitted purpose of suppressing a
newspaper, abused his official powers
in an illegal manner.
Your committee is left in no doubt
as to the conclusion that Judge
Dearth by this act set aside the con-
stitution of this State because of
a personal grivance. Your commit
tee believes this act to have the
enormity Of a high crime and cor
ruption in this: That he did set at
naught that guaranty of freedom of
the press and freedom Of property
from confiscation.
Your committe is convinced by
the testimony of witnesses quoted
above and by other witnesses that
the charge relating to the irreg-
ular appointment Of a jury commits
sioner and the irregular impaneling
Of juries in the court of the said
Judge Clarence w. Dearth are true
and that they amount to corruption
in office in that it is now impossible
for many citizens of Delaware Coun-
ty to secure fair and impartial
trials in either civil or criminal pro-
ceedings. Your committee, there
fore. begs to submit the following
resolutions: