The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-07-28
FIVE BUSTED CITY COPS
CLEARED IN BOOZE CASE;
reinstatement ASKED
U. S. Appeals Court Rules
Men innocent of Dry
Law Violation.
BACK PAY DEMANDED
Safety Board PonderS Plea
for Job Return at
Today's Meeting.

The methods used shocked the
courts sense Of justice"
Thus censuring operation Of a
poolroom- speakeasy by federal pro-
hibition agents for the sole purpose
of entrapment, the United States
circuit court of appears at Chicago
has acquitted five indianapolis po-
licemen Of charges of conspiring to
violate the national prohibition act.
The decision, returned late Mon
day, reversed convictions obtained
here before Federal Judge Robert
G. Baltzell, under which the officers
were sentenced from sixty days to
four months on charges of protect
ing liquor selling.
The policemen are Martin
O'Brien, Claude Reidenbach, Ralph
Lambert, David j. Curran and
Thomas Gray.
May Be Reinstated
Evidence was that the three dry
agents from Chicago, Hugh T. Nc
Grath, Herman P. Kroencke and
Smith Wilson, Negro, engaged
Horace Lyle, inforTner employed by
Attorney General James M. Ogden,
to operate a speakeasy at 1913 East
Twenty-second street. The police
men had drinks there, it was
charged.
Alleged payments to police Of
hcerS to wink at law violations"
were made from a small black bill
fold containing marked bills, it was
testified.
Reversal Of the convictions pre-
cipitated conflict between attorneys
for the policemen and the safety
board today, when Fred Bonifield,
counsel for the police during their
trial here, asked their reinstate-
ment on the force and insisted on
back pay from Sept. IS, 1880, when
they were suspended.
The board, at a meeting today,
took the application for reinstate-
ment under ADJUSTMENT, and prob
ably will give a decision next week
However, when Bonifield requested
compensation for the time since
they were dismissed from the force,
Frank Daley, board member, said:
THAT never in the world will be
done"
Up to Courts
well, of course the courts can
decide that" Bonifeld replied.
However, we want these men to go
back to work right away. believe
their dismissals were Illegal, and
we shall fight for full pay for the
ten months they were off, he said.
THAT there was a conspiracy to
violate the prohibition law. there
can be no doubt" the circuit court
of appeals decision said.
THE conspiracy was conceived
by the three prohibition agents, who
enlisted the service of decoy."
Entrapment ASsailed
Further assaiIing the entrapment
OF the indianapolis officers, the de-
cision said:
although it be sovereign, the
government should not be permit
ted to adopt means condemned by
the court when practiced by its citi-
zens."
Judge Evan A. Evans wrote the
decision. 1t was concurred in by
Judges Samuel AlSchuler and Will
M. Sparks.
Discussing the use of decoyS In
prohibition enforcement, the rul-
ing stated:
I'VE think there is a vast differ
ence in the use of decoyS for the
purpose of detecting crimes and ap-
pretending criminals, and the use
of decoys to induce others to join an
unlawful conspiracy originated by
the government for the purpose OF
securing the violation Of laws by
others.
One Is Cleared
such a situation is mot diSSimi-
lar to the case where one arranged
through a third party for robbery
to be committed upon himself witt
a view Of receiving a reward"
The circuit court opinion held
that Judge Baltzen should have al
lowed a motion for a directed YER
dict of not guilty made in behalf
Of the defendants.
On Dec. 5, 1880, Judge Baltzell or.
dered a verdict of acquittal for pa
trolman Otis Tyner, one of the CO.
defendants, asserting that Tynel
had not entered into a conspiracy
The jury found all the remaining
defendants guilty, including tive
civilians, John Price, Negro, anC
Cecil (Pete) McDaniels.
Sergeant Joseph E. EverSon, an,
otheE defendant, was granted a new
trial and dismissal of the case wa
advised.
Two Back on Force
Both Everson and Tyner were re.
inStated on the police force.
When attorneys for the five con-
UActed policemen announced they
would appeal to the circuit court
Judge Baltzell accepted the appea
bonds, although he said that care.
full study Of the evidence for two
weeks had convinced him there wa.
little basis to carry the case higher
while find that no entrapment
existed" Judge Baltzell then said
"the practices of the Chicago agents
who spent money to rent a place ir
which to operate a bootleggine
establishment and then purchaser
liquor by the gallon are inexcus.
able"