The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-10-19

Governor jackson had tele-
graphed from South Bend
directions for the pardon to his
secretary, Pliny W off a r d,
earlier in the morning.
Attorney General Arthur L. Gil
liom, who prosecuted DR.. Shumaker,
declared he would start proceedings
before supreme court contesting the
right of the Governor to issue the
pfrdon.
The Governor requires merely
that Shumaker pay his $3.50 fine
and court costs to avoid the fam
sentence.
L. A. Miles, league attorney, paid
the fine and 1885 costs this after
noon.
Rush Formal Papers
Wolfard said that formal par
don papers would be rushed to the
farm by messenger and Shumaker
released before night.
The dry leader, however, did not
escape the usual penal farm routine.
He was taken through the regular
routine for admission, given the
number 37789, and afterwards taken
to a large waiting room.
In a short time there were
dozen other prisoners, just admitted,
in the room, long chamber with
five rough wooden benches for fur
niture.
Shumaker took a seat at the end
of a bench and for more than an
hour ruminated amidst his COM
panions, Negro and white boot
leggers and petty thieves.
Then Superintendent Howard
showed pity and called him into his
private Office, where sat Mrs. Shu-
maker, who with a large party OF
friends and business associates had
formed a cavalcade of six motor
cars on the trip to the farm from
the Shumaker home in Indianapolis.
After half an hour DR.. Shumaker
was taken back to the waiting room.
He ate the regular prison luncheon
with the other new prisoners.
Action Comes as Surprise
The Governors action came as a
surprise to most persons connected
with the case because DR.. Shumaker
had said Thursday, after he decided
to abandon an appeal to the United
States supreme court, that he would
not seek a pardon under the condl-
lions such as had been suggested.
It is understood DR.. Shumaker
had been told he might be pardoned
if he would publicly tell supreme
court he was sorry about his 1926
annual report which tl.c court held
was contemptuouS.
IF I am innocent a pardon would
not lessen the stigma which mas
been placed upon me-" said DR..
Shunaker. "If I am guilty, am
no better than any other violator OF
the law and I should be compelled
to serve the sentence"
Governor Jackson was on his way
from South Bend to Indianapolis
by automobile. Wolfard said when
asked why the Governor had
granted the pardon that he believed
the Governor regarded the punish
ment as too severe.
1t will be impossible for Gllom
to act before the pardon papers
have been received at the farm and
returned and filed at the statehouse.
GiIliOm Will Fight
Notwithstanding the attempt to
pardon. the State will attempt 10
execute the sentence" Gilliom said.
1.-THE whole movement looks like
a conspiracy to defeat the law"
His appeal to the supreme court
on the legality of the pardon will
be based mainly on the contention
the Governor does not have the
power to pardon on a contempt SEN
tence, as that would be interference
with authority of the court.
1t also was pointed out that the
regular procedure prescribed by the
1927 legislature for granting COM
of sentence or pardon has
not been followed in the Shumaker
case. The law provides the pris-
oner must file a petition for Glenn
ency with the prison trustees, and