The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-11-16
DALE BATTLES
CONVICTION IN
APPEAL COURT
Prosecution Motivated by
Desire for Revenge, Is
Mayors Charge.
HEARING IN CHICAGO
Frameup by DiSgruntIed
Politicians Is Contention
of Counsel.
By United Press

By United Press
CHICAGO, Nov. 16.-George r.
Dale, mayor of Muncie, Ind, who
was swept into office after a stormy
career as a crusader against the Ku
Klux Khan, today fought against
confirmation of an eighteenth
month sentence, imposed when he
was convicted Of conspiracy to vio-
late the federal prohibition laws.
The appeal of Dale and eight
other defendants from sentences
and fines in the case was argued be-
fore Judges Samuel Alschusler,
Evan Evans and James H. Wilker-
son, sitting as the United States
circuit court of appeals.
Judge Wilkerson replaced Judge
Will H. Sparks who is absent from
the city, but who would have been
barred by court custom by sitting
in the Dale case, inasmuch as
Judge Sparks was appointed from
Indiana.
Frameup Is Charged
Clarence w. Nichols and Dixon
H. Bynum Of Indianapolis argued
the appeal for the defendants, while
District Attorney George r. Jeffrey
of indianapolis appeared for the
government. The case was to be
taken under advisement.
Nichols assaulted the prosecution
of Dale as motivated by bitterness
and revenge" He declared it was
in part a "frameup," and charged
it resulted from the efforts of dis
gruntled former city council mem
bers. politicians and other enemies
Of the mayor to get rid of him."
The record of the trial, Nicholas
asserted, is filled with instances "of
the abuse Of the discretion of the
court and palpable errors He
cited nine specific claims of error
by the trial judge as affording
grounds for reversal of the convic-
ton.
Others Join in Appeal
Defendants appealing the case, in
addition to Dale, and their SEN
fences, are Police Chief Frank Mas
sey, eighteen months and 81 900
fine; Fred Ellis, member of the
board of safety, one year and one
day and $500 fine; policeman Ken
meth HorStman, five MONTHS police
man Harry Nelson, ninety days; po-
liceman Dan Davis, sixty days; Err
nest Platter, fifteen months and
$1,000 fine; Fred Kubak, eighteen
month, and Ray Powell, ninety days
Thirteen persons originally we're
indicted by the federal grand jury
at Indianapolis after an investiga-
ton by two federal prohibition
agents. One defendant pleaded
guilty, one was acquitted, one is
fugitive, and one was convicted, but
did not appeal.
Evidence regarding liquor drink
ing at policeman's ball in Muncie
and at Room 444 in an Indian
apolis hotel was cited by Nichols in
his argument against the convic-
tons.
Cities Charge AS Absurd
He pointed out testimony had
been given that liquor was brought
from Anderson to Muncie for the
policemen's ball and that Dale made
a remark about giving the visiting
policemen good time
If Dale and his administration
were protecting bootleggers, as the
government claims, why would it
have been necessary to send to An
derson for liquor?" Nichols asked.
Nichols asserted there was no evil
dence that any liquor dispensed in
Room 444 was owned or brought by
Dale, or that it was his room. Judge
Alschuler interrupted to ask regard
ing the quantity of liquor at the
room.
"One gallon" Nichols replied.
''What-only one gallon at a
Democratic convention?" asked
Judge Alscheuler, with smile.
Denies Conspiracy Proof
Nichols argued a conspiracy had
not been proved, that there was no
evidence of conspiracy by Dale
and the others, that there was no
evidence to support the existence of
any conspiracy, that Judge Robert
Baltzell erred in overrulling a
motion for arrest of judgment, and
that he erred in failing to withdraw
the jury.
He emphasized that the count of
conspiracy was the only one in the
indictment and argued that there
had been no evidence regarding sew
eral of the twenty-three overt acts
charged, but that the charges stood
and were prejudicial to the de-
PENDANTS.