The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-12-29
PRISON ORDER
DELAY IS Won
BY SHUMAKER
Temporary. Writ Granted by
Judge BaltzeII; Act
Further Today.
CRUSADER IS CONFIDENT
Certain He Will Not Have to
Serve Term on State
Farm.
BULLETIN

Federal Judge Robert G. Bait
zell granted a temporary writ of
habeas corpus to the Rev. E. S.
Shumaker shortly before 10 a. m.
and set the hearing on the per-
manent writ, which if granted,
finally would free Shumaker, for
1880 this morning.
Attorney General Arthur L. Gil
lion was notified at once, SO he
could be present to represent the
state, and the supreme court sher-
iff was directed to take Shumaker
to federal court for hearing.
The Rev. E. S. Shumaker, his
martyr robes cast aside, sat in his
own Office in the Roosevelt building,
technically in custody of the sheriff
of state supreme court today while
his attorney E. A. Miles appeared
before Federal Judge Robert Baltzell
in a hasty effort to get writ pre-
venting the transportation of Shu-
maker to Indiana state farm.
The sheriff went to Shumaker's
Office at $3.50 to serve a warrant
issued upon order of supreme court
Friday when the court held that
the pardon granted by Governor
Ed jackson Oct. 10 was illegal, and
directed that Shumaker be taken
back to the farm and kept there
sixty days for contempt committed
in comment upon the court in his
annual report for 1925.
Writ Is Served
Shumaker did not arrive untp
ais. Sheriff william l.. Reasoner
Immediately served the writ.
Miles had plea for temporary
and permanent writs of habeas
corpus ready to file in federal court,
excepting a copy of the writ read BY
the sheriff. This was rapidly copied
into the petition and Miles rushed to
the federal building,
Meanwhile, Shumaker and Sheriff
Reasoner sat in Shunaker's private
office pleasantly chatting for a
quarter Of an hour. Then = the
sheriff departed TO attend to other
business. stating he would return
during the morning.
Crusader Confident
Shumaker appeared confident
federal court would grant him tenn
porary freedom and appeared to
have made no plans to go to the
farm.
The procedure under the writ of
nabeas corpus would be to admit
Shumaker to bond in federal court
pending hearing on the permanent
writ, thus keeping him out of the
farm.
In case Judge Baltzeu refused to
grant the temporary writ Shumak-
er's attorneys we're prepared to take
the case to the United States cir
cult court of appeals at Chicago.
Tells of Courts Wrong"
The petition for habeas corpus
writ alleges that Shumaker was de-
taiped in violation of his equal
protection under the law" rights
guaranteed by the fourteenth
amendment to the federal corsti-
tuition.
The petition recites all the wrongs
Shumaker feels supreme court has
done him. the chief contentious be-
ing that he was not guilty of con-
tempt in criticising acts of the court
on cases already decided, that the
court had no jurisdiction over him
in an indirect contempt case, that
Justices Travis and Willoughby we're
unduly prejudiced against him and
erred in not disqualifying them
selves, that the taking and readings
of dispositions in the case from
Henry Lane Wilson and Senator
James E. Watson was illegal and
that the overthrowing of the
pardon granted Shunaker, Oct. 10,
by Governor Ed Jackson was illegal.