The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-07-20
CITY lawyers
Fight TO SAVE
KIDNAP VICTIM
immigration Official Is
Halted at Border With
His Prisoner.
WEIRD TANGLE Barred
Attorneys Wage Battle for
Mexican, Ordered
Deported.
~ REN STERN

A tale involving high courts and
low courts, and their contempt,
high dignitaries of this and the
Mexican government, and kidnapping
of a man, convicted of moral turpi-
tude, in an effort to smuggle him
out of the country, was unraveled
here today.
Russell 3. Harrison, vice consul
here for Mexico, and Milton Claw
son told the story as they renewed
their fight in behalf of Juan Lopez,
East Chicago.
It began three years ago, when
Juan Lopez, a Mexican school teach
er, and his wife came to the United
States and settled in East Chicago.
Lopez could find no employ
ment. Clawson AYERS, so his wife
ran a boarding house.
For some reason or other, the
Mexican earned the enmity of the
policeman on the beat and he was
arrested for operating a house Of i'll
repute, it is said.
no OeIenSes CONVICTED
Ignorant of English and the
charges against him, Lopez was
tried before Criminal Judge Martin
J. Smith of Crown Point, and con-
victed.
His lawyer was a Porto Rican
who made no effort to explain the
charges or prepare defense for the
Mexican, and so no appeal could be
taken when we learned about the
case" Clawson declared.
Because of Lopez Mexican citi-
zenship, the immigration depart
men ordered him deported, the rec
ord reveals.
Appeal was made to Harrison,
who, with Clawson, then wrote
petition for writ of corum nobis,
on the ground that the Mexican
should get new trial because he
was deprived of his constitutional
guarantees. of fun knowledge OF
the case against him.
Petition Is Barred
Judge Smith, they charge, refused
to permit the petition to be filed.
He said it was simply delay to
prevent deportation, which was
true" Clawson said. I'VE wanted a
new trial"
A petition was filed last January
with the Indiana supreme court to
mandate Smith to accept the filing
of the. corum nobis proceedings.
In February, Judge Walter Trea-
nor wrote an opinion concurred in
by the entire supreme court, man
dating Smith to permit the action.
Because the Mexican was pow
erty stricken, we did not personally
present the petition for filing with
the Lake criminal court, but sent it
by registered mail" Clawson tells.
The clerk there refused to permit
a mailed paper to be filed, as it had
not been. presented in person by
either Harrison or Clawson.
Kidnapped by Officials
'MeManWnile, " according to Claw
son, Immigration Inspector Goodall
of Chicago had conference with
Smith and last Tuesday grabbed
Lopez and rushed him to the bor-
der, kidnapped"
Congressman Louis Ludlow was
also asked to intervene and he
took it up with the departments of
commerce and labor which. because
of the question of law involved be-
ing very perpleXing, referred it to
the attorney general of the United
States, while Harrison presented
the affair took the Mexican am
bassador, Clawson said.
Saturday night they were in
formed by Ludlow and Robe Carl
White, assistant secretary of COM
merce. that the deportation OF
Lopez had been halted on the Dor
der and he vas being returned to
ChicaQO