The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-04


M. E. TRACY, famous Scripps-
Howard columnist, today reached
the scene and the first of his ar
ticles will appear in Tuesdays
Times.
IN ADDITION, vivid b background
series on conditions in Harlan
county will start in The Times
Tuesday, written by John Mou-
toux, reporter, barred from court
because of news stories and edi-
tolials appearing in the Knoxville
News-Sentinel, which Montoux
represents.
BIZ United Press
MT. STERLING, KY, Jan. 4.
Representatives of the Knoxville
CTenn) News-Sentinel, a Scripps-
Howard newspaper, were barred
today from Montgomery circuit
court, in formal ruling by Judge
Henry H PrewiJt, sitting in the
Harlan county mine labor cases.
The action was on legal test by
counsel for the paper, whose staff
correspondent, John T. MoutouX,
previously had been excluded from
the court because of the editorial
attitude of the NewS-Sentinel.
The case involves freedom of the
press" as does another case in Viz
ginia, where a small town news
paper editor is in jail serving
thirty day term for contempt OF
court.
He was jailed because he would
not divulge the name Of the writer
of a letter to the editor An effort
to win his freedom on bond was
scheduled for today
Judge Issues TRADE
Jack Bryan. another News
Sentinel reporter, never connected
in any way with the Harlan county
cases, was represented in court by
w. H. Townsend of Lexington, and
Paul Patterson of Cleveland, at
torneys for the News-Sentinel.
Bryan was not present. The attor-
neys moved he postpone the trial
of the News Sentinel
Your motion will be overruled,"
Judge Prewitt told the attorneys.
NO representative of that paper
ever can sit in any court of mine
until that paper retracts the libel
GUS, slanderous, false statements it
has published about this and other
Lof1tIIoGxy corrrtc
Newspaper Is Barred
Judge Prewitt explained that his
ruling embraced ANY one from the
office of the Knoxville News-Senti.
mel" but in a statement to thi
United Press added:
Il would have no objection to any
representative of any other news
paper coming here and filing stories
to the News-Sentinel.
That newspaper cannot send
anyone from its Office until it re-
tracts the statement it made about
prejudice in the courts"
The statement to which judge
Prewitt took especial exception. and
which he specifically mentioned in
his statement to the United Press
was the following excerpt from
News-Sentinel editorial published
after Moutoux was barred from the
court:
80 long as our courts permit
themselves to be a stage for the
TRADES of political and social pref
udice, they will not obtain the full
confidence of those who believe in
even hanged justice"
Exception Is Entered
Copies of the News-SentineI NAV
be brought to court without inter
Judge Prewitt said.
The attorneys entered an excep-
ton TO the ruling, but did not say
there would be an appeal.
Dismissal Of the motion came as
an unexpected anti-climax To
a scheduled hearing Of -Moutoux to
show cause tonight why he should
not be barred from Judge Prewitt's
court.
During presentation of the BRYAN
motion, Bryan remained in the
lobby Of the Montgomery hotel.
across the street from the court
house. 1t was understood that to-
days action would have no legal
bearing on tonight's hearing and
that the Moutoux hearing would be
held as scheduled.
The issue of Moutoux' presence at
the Harlan county labor cases came
up during trial of William High
tower, president CT the Evarts union.
accused Of conspiracy in the murder
Of jim Daniels, deputy sheriff.
Second to Face Trial
Hightower is the second labor
leader to stand trial. The first.
w. 3. Jones, was convicted and
sentenced to life.
Moutoux originally was cited in
when Judge Prewitt read
News-Sentinel editorial which de-
;lared that any minded man"
Uhc had followed the testimony in
The Jones case might wonder
he was tried for conspiracy
to murder, or for being labor
leader.
That citation. however. was dis
missed on Moutoux' assertion that
he did not write the editorial.