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

Davis testified he told the judge
he must be very dumb" If he did
not know the jury commissioners
were crooked.
This made Dearth very angry. Da-
Wis said. and later the judge dared
him to repeat the charges in his
courtroom. where he was more than
common citizen"
State Near End
Dearth was the only witness heard
at this mornings Senate session.
House board Of managers, presenting
the States evidence against the
judge. hoped to present the re.
mainder of their witnesses this after
noon.
Principal witnesses to be heard
are Deputy Prosecutor Paul w.
Brady, Clerk Perry Mansfield, Trea-
surer Ira J. Wilson, and Lon
Guthrie. all of Delaware County.
Francis A. Shaw, special deputy
prosecutor and former president Of
the Delaware County Bar Associa-
tion, also was to be recalled to the
stand.
Crooked Juries"
Telling how Judge Dearth came
to his Office on the evening OF Feb.
! 10, 1927, and asked that he be sworn
TO an affidavit, Joe II. Davis. Muncie
prosecutor stated:
Il told the judge after he had been
sworn to the affidavit that / wanted
to talk to him about the iuries and
the jury commissioners.
II said. judge, the jury commits.
sionerS are crooked and the judge
replied, Il know they are not
"Then l said, II j can show at
least twenty-five violations of the
jury law since Jan. ], will you
believe II then and discharge
them" He replied that he would
not discharge them.
IL told him that II he did not
know they were crooked that he
must be very dumb.
HE then said that he was no
dumber than l was, to which l re-
piled, then you must know that
they are crooked"
In reply to questions by Repre-
sentative DELPHI l.. McKesson on be-
half Of the House board Of man.
ayers, Davis stated that he based his
statements TO Dearth on a confess
sion Of error II was necessary for
the State to file in a libel case
against George r. Dale, editor OF
the Muncie Post Democrat, because
it looked to the prosecutors Of
flee that the Jury which convicted
the defendant was packed"
Describes Members
Taking up the members of the
jury in detail Davis asserted that
he had but little faith in Lula Sam
pie. juror, because the defendant
had "razzed' the Sample family in
his paper for their political activi.
ties.
ITO my mind, the mind OF my
deputy and others, she was not n III
person to sit on that jury" Davis
said.
The father OF Road Supervisor
Owen Helvle was on the jury, Da.
Wis said, and view OF local conditions
should not have been permitted to
serve, he said.
The libel suit had been tried when
Van Ogle, now Dearth counsel was
county prosecutor.
Grover Eppards, who had handed
the defendant. Dale, card at n
meeting of the Muncie city council
which read, Keep your damned
nose out of other peoples business"
also sat on the jury which con-
victed.
How did you know that the jury
commissioners were not right? que
ried McKesson.
"The coroner had held one Pete
Barlow for murder OF Edgar
Tiny Vorhees. The police de-
partment had been charged with
protecting Barlow's gambling
house, mt the foot OF whose stairs
Voorhees, was found In dying con-
dition from blows. the grand jury
was called TO investigate the kin.
iHE uuuCh tHC tCNuiCb VI tub COEO-
ner. Some OF the grand jurors
were excused and the jury COM
missioners drew to fill the vacan-
cies.
"They drew Grace Jones, wife
OF the police chief: Francis Peter
man, wife Of the night sergeant
Of police; Mrs. Sue Readle. wife
Of detective sergeant. and Hattie
Barlow, a relative OF Pete Bar
low"
"On the same day in another
instance the jury commissioners
drew the names OF their own wives
to sit on the jury" was Davis reply.
What. II any. other facts do YOU
have which caused you to state that
the jury commissioners were
crooked?" asked McKesson.
The witness said that he had made
a complete check of the tax dupli.
Gates of the county TO verify the
that many names were be-