The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-06-10
SPARKS WILL
Be JUDGE: IN
DUvALL CASE
Mayors Defense Counsel
Choose RushviIIe Man
to Preside.
BAN CRAIG AND Afford
Acceptance Is Deferred by
- JuriSt Pending Receipt
of Official Word.
BAN CRAIG AND Afford

of Official Word.
Judge Will Sparks of Circuit Court
at Rushville, Ind, today was chosen
to try Mayor John L. Duvall and
City Controller William G. (Chick)
Buser on charges of conspiracy to
falsify Duvall's campaign expense
statement.
Sparks was appointed, subject to
his acceptance, by Criminal Judge
James A. Collins, after Duvall and
BuSer had moved for a change of
venue from Collins, on the ground
that he is so biased and prejudiced
against them that they cannot give
them fair trial.
Sparks was chosen after Pros
ecutor William H. Remy had struck
the name of Judge John F. Craig
of Circuit Court at Greensburg
Ind, and the defense had struck
Fremont Afford, Indianapolis at
torney from the list of three can
didates furnished by Collins. Sparks
was the remaining judge.
Waits Official Word
Sparks in telephone conversa-
ton with The Times said:
st cannot indicate whether I will
accept until I have received official
word of my selection. expect Judge
Collins will call me today"
Sparks said his father-in-law is
seriously i'll and his presence in
Rushville is required for the time
being.
Collins said he would notify Judge
Z parks by letter. Defense and State
that the case in which Du-
vail and Buser are charged with
conspiring to commit felony-the
only one Of seven affidavits involv-
ing Buser-would be tried, but that
lfany other case is selected Sparks
WILDE agreed upon as the judge.
Defer Arraignment Date
Duval and Buser have not been
arraigned. Date probably will be
set when the special judge assumes
jurisdiction.
The arraignment had been set for
last Monday, but Duvall maneu-
vered out by having his attorneys
tell Collins when he was called that
he would ask for a special Judge.
Then Collins set this morning as
the date for receiving the motion.
The mayor, Buser and their bat
terry of attorneys stepped jauntily
into Criminal Court room at 9:O5
a. m, the mayor and Buser nodding
to acquaintance in the packed
courtroom.
Await Judges Attention
Judge Collins was receiving a ver-
dict in Negro murder case and
the defendants took seats on the
front row of the spectators benches.
Then they filed to the defense
tables. Defense attorneys included
John G. Ruckleshaus, Eph Inman
M. A. Ryan, Martin Hugg and Har-
vey Grabill.
Prosecutors, including Remy,
Deputy William H. Sheaffer and
Special Prosecutors Emsley w.
johnson and John w. Hoffman.
look their seats.
Then Attorney Ryan presented
seven motions for change Of Judge,
one upon each affidavit.
Collins gave his stenographer a
copy Of the three candidates for
special judge and handed lists to the
State and defense.
Craig's Name Eliminated
After q brief conference with his
colleagues, Remy struck off the
name of Judge Craig of Green's
burg.
The defense asked for time and
retired, with Duvall and Buser, to
the prosecutors Office. They con-
ferred for about fifteen minutes, re-
turned, and asked for more time.
The judge gave them until 1890
a. m. and the party went to the
Ryan, Ruckelshaus & Ryan suite,
400 Indiana Trust Bldg.
The defense party returned at
1030 and informed the Judge they
had struck of Afford.
Attorney. Ryan laid the sheet
bearing the three judges names on
the bench. 1t had scribbling all
over it.
What's this" inquired Collins.
pointing to some marks, "a drawing
of the American Flag?"
mo-" commented Ryan, dryly,
cts a picture of the nineteenth
hole"
Arrested May IL
Duvall and Buser were arrested
May II, after Prosecutor William
H. Reny and his aids filed
ASfidavits charging them with con-
z piracy to commit a felony. Duvall
~ls charged with making false
affidavit, perjury and violation of
the corrupt practice act in four in
stances.
Buser is alleged to have placed
the notary public seal on Duvall's
I campaign statement which showed
Z expenditure of $3.50 and die not
show $14,500 alleged contribution
by William n. Armitage. politician.