The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-03-23
SAYS DEARTH GOT
REPORTS ON Jury
CONTINUED From Page y

room," Charles White. 21-year-oId
court reporter of the Delaware
Circuit Court, where Dearth pre-
sides, testified to the Senators this
morning.
White stated that he had been do
ing the court work for about eight
cen months and was appointed by
Dearth.
Questioned by Representative
DELPHI l.. McKessOn, he stated that
Dearth had asked him to report to
him some of the things that tran
spiied in the grand jury room,
where the deliberations are sup
posed to be secret.
DID he ask you TO make reports
to him on the Sheriff McAuley case
which was being considered by the
grand jury?" McKesson asked.
Yes"
when did he ask you for re-
ports?" ..
after the sessions I would talk
to him"
In response. to a question the wit
ness stated that he had read his
notes OF the proceedings to Dearth
and had quoted witnesses.
Often In Room 3D..
White corroborated the testimony
of Mrs. Elizabeth Chalfant, grand
juror, who also testified today.
Ernest T. Jester and Mrs. Hazel Car
penter, who testified Tuesday, that
Dearth came and went into the grand
jury room frequently although he
only appeared once as a witness I'M
der subpoena.
Senator Oliver Kline asked about
the right Of judge to. do this.
Senator William 7. Quillin, In
dianapolis, pointed out that was a
matter for closing argument Of
counsel and no explanation was
made.
II was brought out by the prose
cution that White was asked not
to report the jury's elaboration on
the Alpha Holiday case. Van Ogle
and Wilbur Ryman were also asked
not to be permitted to participate in
the elaboration on that case. Ry-
man had been charged with being
attorney for Holiday in many cases
against him.
Early Court
Taking up a mandate suit brought
by Nina Sample and M. w. Daily,
election commissioners, against the
county treasurer, McKesson drew
from the witness the fact that
Dearth held court at an early morn
ing hour on the mandate suit with
out notifying attorney for the
Municipal League Of Muncie.. who
had enjoined the official from pay
ing the money.
Attorney Francis A. Shaw for the
league had brought the original ac-
ton in the Superior Court and en-
joined the payment Of $500 each to
Republican election commissioners
when the Democrat had been paid
but $25.
At the early morning session
Dearth inundated the treasurer to
pay the money and it was withdrawn
from tlpe bank when it opened at 8
a. m.
Many Arguments
Long drawn out arguments
marked the testimony of Cell Maple,
Muncie manufacturer, who was the
first prosecution witness today.
1t was Maple who wrote the letter
which Dearth objected and which
led to his attempt to suppress an
edition of the paper. His action in
Selling copies of the paper was the
basis for one of the House of Rep
resentative charges that he violated
the section of the State Constitution
guaranteeing the freedom Of the
press.
Over the vigorous protest OF the
prosecution the articles which Maple
had written for the Muncie Post
Democrat was read and admitted into
the record.
In the article Maple blamed
Judge Dearth and Mayor John
Hampton of Muncie for the lawless-
ness prevalent in Muncie and
charged that "the blood of the two
men recently murdered in Muncie is
on the hands of you two men,"
Talk With Dearth
Maple told Of his conversation
with Dearth on the porch Of the
latter's home in Muncie, In July,
1926. He charged that in discuss
ing the case of Sheriff Harry Nc
Auley, who was later impeached by
the Delaware County grand jury,
that the judge told him that he had
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