The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-05
JUDGE BARS REPORTERS
News Sentinel Must Re-
tract 'SIanderous' State
mentS, Jurist Rules.
The first article of the Sc
ries by John Montou1 on
conditions IN the Harlan mine
strike zone appears today on
Page 5.
BY FOSTER EATON
United Press staff Correspondent

MT. STERLING, KY, jan 5. -
The fight for free speech and free
dom of the press in Kentucky has
been carried to the state court of
appeals from Judge Henry r.
Prewitt, who has barred representa-
tives of the Knoxville News-Sen-
tinel, Scripps- Howard newspaper,
from his court.
The newspaper filed formal no.
tice Monday night in Prewitt's
Montgomery county circuit court
that it would seek writ of prohi-
bition to set aside his ruling ex-.
GLIDING it's representatives until the
paper retracted alleged ''libelous,
slanderous, false statements.
Judge Prewitt'S action grew out
of editorials published by the news
paper on the Harlan (Ky0 coal
mine labor war, with its resultant
conspiracy to murder cases, trans
ferred to this county. 200 miles
from the scene of the Staying.
Contempt Action Dropped
John T. Moutoux, staff CORE
spondent of the News-S Sentinel was
sent here to cover the first of those
conspiracy to murder trial. Upon
conviction of the defedendant, Viii
liam B. Jones, mine union official,
the newspaper said in an editorial:
ANY fair minded man who fol-
lowed the testimony in the Jones
trial might wonder in his own mind
whether he was convicted of con-
Spiracy to murder, or because he
was a labor leader"
Judge sPrewitt cited Moutoux in
contempt of court, but later dis
missed the contempt action. The
court ruled, however, that the News
Sentinel could not be represented
here unless it apologized and re-
tracted the statement.
Prosecution Counsel j. B. Snyder
then declared Moutouxs presence
here "odiouS to the commonwealth
and submitted an AFFIDAVIT demand
ing Moutoux show cause why he
should be permitted to cover Judge
Prewitt's court.
Bars Another Reporter
To make a test case, the News
Sentinel Monday asked that Jack
Bryan, another reporter, be permit
ted to report the court proceedings.
Judge Prewitt denied the request.
MoutouX appeared Monday night
'to show cause" but his counsel, w.
H. Townsend of Lexington, suggest
ed to the court that in view of his
ruling on the Bryan petition the
Moutoux hearing was unnecessary.
Il want to hear what Mr.. Snyder
has to say about this man. the
court replied. Il may want to find
him in contempt of court yet
Snyder was called as the only
witness Of the commonwealth
against Moutoux. Snyder repre-
sented Moutoux as declaring on sew
eral occasions that he did not think
the Harlan defendants were receiy-
ing a fair trial. The prosecution
counsel told of an incident when a
fellow-prosecution attorney was told
by Judge PreWitt not to Mr." a
Negro witness in his court.
'Moutoux told me he didn't see
what show man had under those
circumstances, that he wanted to
see the defendant get fair trial,
and that he wasn't getting it," Sny-
der said
Thinks Judge Is Fair
Moutoux denied saying Judge
Prewitt was unfair, but commended
he had said aud had written that
in his Judgment Judge Prewitt was
the fairest Judge he ever saw on
labor case. He never criticised
the court, he said, but he did crit
icize the prosecutions final argu-
ment in one of the cases as
unfair"
Phillip Kinsley, staff CORE
spondent of the Chicago Tribune,
who covered the Jones' trial with
Moutoux, testified that Moutoux
several times had commented upon
the courts fairness. He cited in
stances.
Personally I am very much in
favor of a free press and freedom
OF speech" the court said. in finally
ruling on the case, but 1 think
such editorials are unfair to this
court and other kentucky courts.
i have no feeling in the matter,
and, as far as I know, this man
is all right. But so long as he
works for this paper, he can not
report in this court until it re-
tracts its libelous, slanderous, false
statements"