The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-31
DUTY TO GUST
DEARTH IS PLEA
Continued From Page y

| NlCl.
The question of secret or open
| ballot on guilt or innocence may
have to be settled before the vote is
taken. Under the United States
Senate rules. adopted for the trial,
balloting is to be open, although dis
cussion preceding the vote may or
may not be in executive session.
Among those who are advocating a
secret ballot, with no public an
nouncement except the result, is
Senator l.. G. Bradford of South
Bend. He argues that the Senators
are sitting as jurors, not judges, and
that the public is not entitled to
knew how each juror votes.
Jurors or Judges
Others take the position that the
Senate is court and that the men,
bers are sitting as judges and should
render their verdict in the open.
1t is probable that a vote to settle
the matter will be taken by the Sen.
ate at the close of arguments. The
fact that the question is raised at all,
brings the inference that the decision
may have a bearing on the result.
Many Senators are of the opinion
that vote should be taken immediate
ly after the closing arguments and
that the Senate should not go into
executive session at all.
Senate rules would limit discussion
to fifteen minutes for each Senator.
Permission can be given to ex-
tend closing arguments more than
the two and one-half-hour limit, but
this is considered unlikely.
Agents of People
you are here as agents Of the
people, eXerting the powers invested
in this body by the Constitution and
your plain duty is to see that justice
is DONE" Representative Sallwasser,
La Porte, told the Senators in the
opening sta tement for the House
board of managers.
81 will not touch upon your right
to sit. as that matter has been al
ready settled. That such power is
lodged in the Legislature is backed
not only by law but by hundreds of
years of tradition. You are the rep
resentatives Of the people.
Impeachment is a matter outside
! statute law and the contention that
a crime must be indictable before
| it can be Improbable does not hold.
Corruption and high crime, men,
toned as causes for impeachment do
not have a technical meaning. They
| are terms used TO emphasize the i'm
/ portance Of impeachment procedure.
AS protectors of the people you can
not be shackled by technicalties,
| when evidence is as conclusive as it
is in this case"
Salwasser then took up the
charges and developed them point
by point from the evidence. He
pointed out that confiscation of
newspapers was admitted by Judge
Dearth on the witness stand and dis,
counted the legal justification that
they were libelous per sc.
Reading the statute governing
such contention he pointed out that
it applies to lewd pictures, weapons
and burglar tools, but that no paper
can be declared ibelous until it has
| been proven so. He retold the story
of how forty newsboys were herded
into the Dearth court on the judge S
order and their papers taken away.
He cited the testimony of Johnnie
Raines, whom a policeman threat.
ened to shoot.
Obvious Abuse"
"All of this procedure was with
out warrant" Salwasser declared.
Gould any private citizen order such
thing done if a newspaper printed
an article which he considered H.
belous? Or was this an obvious
abuse Of power by a judge sitting on
the bench?"
Reading the statute governing
jury commissioners and pointing out
that they must be freeholders, he
pointed out that Jacob Cavanaugh
was admittedly appointed to the pc
sition by Dearth and had put names
| "a PACoPOSIANC Jul VI III lilG DOA NC
fore he was decided a twenty-foot LOT
by the judge 10 technically comply
with the freebooter requirement.
Was Cavanaugh the only Demo-
crat in Muncie qualified for this po-
sition? Was there none that owned
property, so that the judge might
not have to deed them a small plot
and thereby cause suspicion. All
evidence indicates that Dearth
wanted Cavanaugh because he could
influence him in jury selection.
Illegal Jurors
at was Cavanaugh that carried
a book Of prospective jurors names
1t was he that put them into the box
and caused scores to be drawn that
were not qualified, as their names
were not on the tax duplicate. Mayor
Hampton was formerly jury commits
sioner with Cavanaugh, and from
his own testimony it was brought out
that he didn't know what the box
looked like"
Sallwasser then called attention to
the testimony of the judge that he
sat in an important murder case, the
"One-Arm" Wolf trial, and made out
a list CT names to which he could
send copies of a speech he made
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