The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-10-15

10 Ca pNOICO W w SoNoDiASAASN
In making the affidavits
public, Ogden issued three
page statement to the press
in which he set out that since
local authorities had failed to
prosecute in this lynching it
becomes the duty of the at
torney-general to do so.
The statement reads in part as
follows:
For the first time in almost
thirty years in this state, two per-
sons we're taken from the Grant
county Jail at Marion, Ind. by a
mob and lynched on Aug. 4 this
year
Attorney General 10 Prosecute
"The attorney-general's office inn
mediately gave aid and assistance
to the Grant county authorities in
the investigation Of this crime and
collected much evidence.
cat the request, however, of some
of tne local authorities, the attor-
ney generals office delayed further
direct action until the case had
been considered by the local ma
chinery of the law, that is, the
Grant county officials.
"Those officers have now reported
and have found no indictments. I'm
der the law it becomes the plain
and positive duty of the attorney
general to take such legal action as
is set out in Section 1884 of Burns
Statutes 1926"
There follows the citation, and
the statement continues:
"The duty of the attorney general
is PLAIN and positive under this
statute. He is to prosecute. He has
no authority to judge the case him.
self. That must be done by the
court and the jury.
Not Matter of Meddling
This statute stares the attorney
general square in the face. The
road is clear and distinct. Who
will say that he in good conscience
can detour it?
"As a public Office is a public
trust, in this instance the office Of
the encouragement has the trust Of
the public in prosecuting the order
ly process of the law when a lynch
ing occurs.
ut is not a matter of the state
meddling or not meddling with local
affairs in communities. The law
makers of Indiana have seen fit to
make it a state affair and to ordain
that the encouragement take or
derby legal proceedings when lynch
ings occur to the end that law and
order may be preserved through
out the state.
Protect States Good Name
1T thus was provided that when
the state of Indiana has been dis
graced by lynching the good name
of the state should be protected by
the highest prosecuting authority in
the state. 1t was made the duty Of
the attorneys general to see that
there should be no miscarriage OF
Justice and that there should be no
breaking down of the law Of the
state.
Our government is one of law
and order"
Judge o. D. Clawson presides in
the Grant circuit court where the
affidavits are to be filed. He refused
to accept affidavits earlier, when
Wall and Earl Stroup deputy at
torneys general, sought to file them
against alleged mob leaders.
His contention then was the court
was on vacation and the grand jury
would take care of any indictments.
The grand jury not only failed to
indict, but praised Campbell for his
conduct in he affair. Campbell IS
Grant county Republican chairman
and a member of Governor Harry
G. Leslie's crime commission.
$1,000 Fine Provided
Should he be tried and found
guilty, Campbell would be removed
as sheriff and fined $1,000.
Any person convicted Of active
lynching gets life prison sentence
and mob members two to twenty
one years.
Afhdavits against the alleged
lynchers charge them with "unlaw-
fully beating. wounding and hang
ing Abe Smith and Thomas Shipp
on the courthouse lawn on the night
Of Aug. 7.
The Negroes had confessed, police
said, in robbery, attack and
murder case
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