The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-09-24
EXPOSE ENDS
IN CUSTER OF
OHIO JURIST
Columbus Probate Judge Is
Convicted of Extortion
in Morals Case.
1,443 SIGN COMPLAINT
Bitter Fight on Corruption
Won by SCrippS-H Howard
Newspaper.


since Ohios present Constitution
was adopted, public official has
been ousted from Office under the
laws enacted in obedience to that
Constitution.
The official is Homer 2. Bostwick,
Judge of the Franklin county pro-
bate court since 1917. Three years
ago Bostwick was reelected for a
fourth term by the greatest majority
ever given a candidate in this
county, which includes the city of
Columbus.
This week he was removed from
the bench by the unanimous de-
cision of three common pleas judges
from other Ohio counties, who
found him guilty on charges OF
gross immortality, moral turpitude
and misconduct in Office.
The Bostwick case attracted wide
attention in Ohio because of the
strenuous but futile efforts to save
the Judge from exposure and re-
moval made by his friend, Harry P.
Wolfe, banker, shoe merchant
newspaper owner, and potent figure
in local and state politics.
Reveal Gifts to Woman
Taking the lead in the fight to
GUST Bostwick was the Columbus
Citizen, a. Scripps- Howard newspa-
per, which initiated the successful
court action and employed Newton
D. Baker of Cleveland and Charles
S. Druggan of Columbus as attor-
neys for 1,443 residents of Franklin
county who signed a formal COM
plant against the judge.
According to testimony in the
custer hearing, Bostwick, mar
ried man of SIS, became acquainted
early last May with young wom-
an then known as Mrs. Opal Walker
a. During the next six weeks the
Judge gave the young woman a
number of costly gifts, including an
automobile and a diamond ring
which she valued at $4,000.
On June % Mrs. Walker was mar
ried to another man, George Ever
sole. She testified that, after she
had applied for a marriage license
in Bostwicks court, the judge called
her into private Office and de-
manded the return of his gifts. She
refused to surrender them.
Jail Threat Is Barred
Bostwick then enlisted the serv-
ices of Franklin Rubrecht, at that
time chief assistant prosecuting at
torney of Franklin county, who sent
probate court employe to Mrs
Eversole's home and had hel
brought to his office, where he in
formed her that she might be sent
to the penitentiary for a year on a
charge of perjury because, in APP
plying for a marriage license, she
had sworn to only one previous
marriage. In reality, she had been
married three times.
Rubrecht told Mrs. Eversole that
the case might be settled if she
would return Bostwick'S automobile
and diamond ring. Again she re-
fused to give them up, and without
any legal process, the assistant
prosecutor ordered her placed in the
county Jail and instructed deputy
sheriffs to let her talk with no one
but himself.
The deputies, suspecting some
thing wrong with this procedure
permitted Mrs. Eversole, after she
had been in Jail for two hours, tt
call her husband and friend.
Custer Appeal Published
She was taken before Rubrech
and agreed to surrender the dia
mond ring. Judge Bostwick agreed
to accept the ring and let the youn,
woman keep the automobile, title t,
which was registered in her name.
Bostwick was attacked by tn
Citizen and failing to resign, tn
Citizen employed Attorneys Bake
and Druggan and had them prepar
an custer complaint under the law
enacted in obedience to the 19l
Constitution. Only 1000 signature
to this complaint were needed, bu
1,443 persons signed it in respons
to published appeal.
The seven common pleas Judge il
Franklin county hastily and voIun
tarily disqualified themselves. Chic
Justice G. T. Marshall of the Obi
supreme court then appointed thre
nonresident judges - Walter L
Jones, Miami county; James {
Oglevee, Carroll county, and vii
liam p. Vaughan, Morrow county.
Offense Deserves Removal
The three judges heard testimon
and arguments for a week. Newto
D. Baker concluded the case for tn
prosecution with an eloquent ad
dress, in which he emphasized tn
need for integrity on the bench, an,
charged Bostwick, Rubrecht an
others who had assisted in obtainin
the diamond ring from Mrs. Ever
sole with being guilty of a crimins
blackmail conspiracy.
Bostwick's attorney, Clarence n
Addison, refused to call any wit
neses for the defense, and thre
judges announced their decision.
Bostwick, they said, was clearl
responsible for the methods en-
ployed by Rubrecht, and that Bost
wick's part in this conspiracy con
stituted gross immortality, NOR;
turpitude and misconduct in offic
justifytng and demanding his re
moval.
Branded Grossly Immoral
They branded Bostwick's relation
with Mrs. Eversole highly, if no
grossly. immoral"
Bostwick has announced that h
VIII appeal to higher courts within
thirty days. Governor George Whit
will appoint his successor.