The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-24

which states that before being placed
in the jury box the name must ap.
pear on the tax duplicate.
Davis testified that of 36S names
drawn in 1925, seventy.ive were not
on the tax duplicates. In 1926, 235
names were drawn, of which sixty
seven were not on the duplicate.
So far in 1927. elghty.seven names
have been drawn and twenty-seven
of these were not on duplicate.
At this point Devils explained that
OF the eighty.seven names that OF
Ethel Clark appeared twice, as she
was drawn twice in less than
ninety days,
lie quoted figures showing that
large number Of persons had their
names drawn twice for jury service
in the same year in violation Of the
law. Several instances were sworn
to by Davis where the same per.
son was drawn for jury service
three times IN n year.
Cross. Examined
Cross-examined by frederick Van
Nuys, chief defense counsel. Da-
Wis remained very calm while the
veteran attorney tried to show that
he Davis had been remiss in his
duty
Van Nuys seemed TO stress. the
fact that Davis had testified before
judiciary "a COMMITTEES OF the
House Of Representatives, without
having been subpoenaed. Davis
described for Van Nuys how the
Pete Barlow investigation was
carried on, and the attorneys for
Dearth sought to get the witness TO
testify so that blame would fall on
his own shoulders.
Frequently the names Of Van oglc.
now Dearths counsel, was brought
into the questioning. Clarence Ben
adum, former Ku.Klux Khan or.
ganizer and Muncie attorney
friendly with the court. was named
as being Of Barlow counsel when the
grand jury was going into tho al
legged murder.
Davis admitted that hardly enough
evidence had been presented TO tho
grand jury for an indictment
against Barlow. but stated that was
because the police did not try to set
any evidence, and had been charged
with protecting the place.
Attorney Moses y. Larry, for the
defense, did not want Davis to say
what the law on selections Of jurors
was. but his contention was ovcg-
ruled by the presiding office.
Dared 10 Repeat
Continuing telling Of his conver.
sations with Dearth at various times.
the young prosecutor told how on
the Monday following his talk with
the judge in the prosecutors Office.
The accused juist had called HIM 10
The bench in the courtroom and said:
I'll dare you 10 say now what
YOU said TO me In your office. I'm
the court here and down there
was only a common citizen"
Amid the laughter from the Sen.
ltors and large gallery, Davis
said that he had made no response
10 this.
Not on Duplicate
On the question OF the number Of
Jurors drawn whose names were not
)n tax duplicates the following tos.
.imony was given:
How many jurors we're drawn
rom the jury box in 1927"
"Ninety-nine names drawn"
How many of these were not on
AK duplicate?"
Eleven not on duplicate"
"How many drawn in 1921"
1.-TWO hundred and three"
"out OF that number how many
we're not on tax duplicate?"
"Fifty.fve."
Defense Plans Secret
Plans OF defense attorneys have
been carefully guarded. Members
II counsel are Van Nuys, Larry and
)gle. The latter was former pros
'cutor under the Dearth regime, with
Ryman, friend Of the fudge,
Is his assistant.
II has been learned that Mayol.
ohm G. Hampton. Muncie. has been
as defense witness. He
vas n close friend OF Dearth and
vas named with him in the article
in the Muncle Post-Demo-
rat, which aroused the judges ire
nd started HIS war on the news
oys.
It Is believed the defense VIII be
ne Of mitigation, rather than denial.
'ross-examination OF witnesses ha<
cen extremely limited. even In casE
where the facts related were most