The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-09-04
Within Few Days, Supreme
Justice Says at Free
dom Hearing.

The Supreme Court will decide D.
G. StephenSon's murder appeal
within a few days"
Judge David A. Myers made this
statement today during the hearing
before the Supreme Court on the
courts writ of prohibition denying
Judge John C. Richter of LaPorte
Circuit Court authority to hear
Stephenson's recent habeas corps
appeal to the LaPorte Court.
"This court will determine wheth-
er the conviction of Stephenson is
right or wrong within a few days."
Myers declared.
The four Supreme Court judges
present at the hearing went into
consultation at 12:45 after hearing
arguments and decision on wheth-
er or not the writ of prohibition is
to be made permanent was believed
likely this afternoon.
Rumors that Judge Richter in
tended to release Stephenson on bail
Aug. 81 when he was to have heard
the former Klan leaders habeaS
corpus were openly discussed at the
hearing.
Dare Represents Judge
The writ of prohibition was OBJ
tanned the night before by Attorney
General Arthur l.. Gilliom and
stopped the habeas corpus hearing.
Stephenson had based his habeaS
corpus plea on the contention that
the Hamilton Circuit Court, which
sentenced him to life imprisonment
for the murder of Miss Madge Ober-
holtzer, Indianapolis, was without
jurisdiction. The plea also con-
tended that decision on the appeal
had not been prompt.
Lem J. Dare, South Bend, rep
resenting Richter, mentioned the
rumors that Stephenson was to be
freed On BAIL Such rumors have
been going out" he said.
mo allegations or intimations
that upon final hearing Richter
would have released Stephenson
from the penitentiary on bail are
made" Dare declared.
Possibility of Release
81 don't think they (Stephenson)
would have gotten any place with
Richter" Dare said.
1--WE are interested in any irnputa-
ton on Judge Richter that he has
entered into any connection or
agreement with Stephenson"
Judge Myers interrupted to de-
clare:
THAT is the inference you are
drawing from your own words"
Referring to the rumors that Ste
phenson was to have been released,
Judge Benjamin Willoughby de-
clared:
rs there any grounds to such a
belief beside rumor to that effect?
Do we have to go on such a rumor?"
mo, but the belief is that Rich
ter would have decided wrongly"
Dare answered.
Insult to Court
Oare and Attorney Ralph N.
Smith of La Porte contended that
Gilliom's action in obtaining writ
Of prohibitiu was an insult to the
court and based on the aSsump-
ton Richter would decide wrongly
on the habeas corpus.
Gilliom should have filed a mo-
ton to quash with Richter, and if
Richter had ruled wrongly on that,
then he could have appealed to the
Supreme Court, they declared.
A writ Of habeas corpus is an ex-
traordinary means of relief, and
there were no extraordinary cir
cumstances involved, they argued.
Judge Myers pointed cut that the
question is whether Richter should
have issued a preliminary writ or
dering Stephenson into court for
preliminary hearing.
GilIiom Conducts Case
''The previous case has decided
whether Stephenson could get out
on ball. Myers said.
He referred to Stephenson's
habeaS corpus action some time
ago in La Porte Superior Court
when Judge Harry Crumpacker re-
fused his plea and was upheld by
the Supreme Court.
Giliom argued for the State con-
tending that in the previous habeas
corpus action the Supreme Court
had decided the points in the latest
action and that consequently Judge
Richter had no jurisdiction.
This kind of procedure cannot
go on with life prisoners" he de-
clared. This thing of having life
prisoners taken from prison time
and again just to determine the
jurisdiction of some court cannot
go on"