The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-06-12
Judge ASSaiIS Author of
Bill, Declaring Prison Is
Place for Him.
SLAYER IS REARRESTED
Clay County JuriSt Says
Statute So Tangled as
to Be Worthless.
BY BEN STERN
Times staff Correspondent

4
BRAZIL, Ind, June Illegal
entanglements growing out of the
"life and death" emergency statute
enacted by the 1929 Indiana general
assembly today eliminated in the
dismissal of John Van Hook OF
Terre Haute, deputy constable, on a
first degree murder charge, in con-
nection with the Staying of Austin
Sweet, Terre Haute attorney.
Under the debated amendment
lie Imprisonment is provided in
cases where the victim is wounded
il commission of burglary, rape
banditry and highway robbery; the
/ oeath penalty is mandatory when
the victim is killed; and ten to
twenty-five years imprisonment is
provided for burglary and highway
robbery.
In scorching phrases, Judge
Thomas w. Hutchinson of the Clay
circuit court, where the act met its
first test, recommended indictment
and imprisonment for six months of
Senator Lee Hartzen CRep., Ft
Wayne) author of the bill
Judge Is Wrathy
After listening to a three-hour
debate by opposing counsel in the
Van Hook case Tuesday, Judge
Hutchinson took the matter under
advisement, and this morning an
nounced his decision. In his opinion,
/ the jury must find the defendant
guilty Of the offense defined under
the indictment and no lesser Of
fense.
In the brief time I have had to
form my opinion, I believe the
! author of this amendment has
messed up the law of homicide in
Indiana frightfully, and the results
may be far reaching" Judge Hutch
/ inson said.
The new section will enure to
the benefit of criminals and criminal
lawyers alone. 1 am apprehensive
as to what may happen to this tid-
bit amendment and for the appar-
entity inherent chauvinism in most
of our courts, and the enactment of
this new section may be a calamity.
Author is FIayed
Science tells us that our think
ing is done by about nine trillion
nerve cells in the grey matter of the
brain. Evidently about eight trillion
of the authors think cells were not
in working order at the time he
drafted this bill. However, we have
the consolation, if it be any that
our criminal procedure is not much
worse than it was 1000 thousand
years ago"
Kenneth c. Miller, prosecutor of
Clay county, recommended dismissal
of the trial this morning, after a
lengthy conference of state counsel.
This prosecution was instituted
and the indictment in this cause
was found upon the theory that the
charge incorporated in said indict-
ment was a charge of first degree
AlluA OCl anu A1CbCoodI14y L1lCOl pOIdUGU
within the said charges a valid
charge of murder in the second de-
gree and valid charge of man
slaughter, Miller said. And since
the legal proposition has arisen in
this cause, the state asks that the
cause be dismissed"
Van Hooks counsel vigorously
protested.
Following Hutchinson's decision
Van Hook was released by the sher-
if of Clay county, but Immediately
was rearrested by a deputy sheriff
from Vigo county on a charge of
first degree murder.
He will be bound over to the Vigc
grand jury, where he probably will
be reindicted for first and second
degree murder and manslaUghter
Defense counsel today had not de-
cided whether they again would ap-
peal for a change Of venue from
Vigo county to Clay county.