The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-08
PLEA VOICED
BY BAKER FOR
FREE PRESS
Issue Is Fought Out Before
Kentucky Court of
Appeals.
RULING IS PROTESTED
Noted Attorney Questions
Right of JuriSt to Bar
Newspaper Men.
BY JAMES p. KIRBY
Times Sfan Cnrresnondeni

fihAINhFOtbl j, ny. JAN. - ne
issue of freedom OF the press in the
United States is at stake here.
In an address before the court of
appeals Of Kentucky, Newton D.
Baker, former secretary Of war,
Thursday pleaded the cause of the
Knoxville News Sentinel q Scripps-
Howard newspaper, against the
edict of Judge Henry r. Prewitt of
Montgomery circuit court. which
barred reporters for that newspaper
from his court room.
A decision may be handed down
today.
Before an audience that filled
every corner of the chamber of the
highest court in the state, and
which included Governor Ruby Laf-
foon, Mr.. Baker protested the right
of the judge to inflict vicariouS pun
ishment upon a reporter because of
an editorial carried by his news
paper.
Safeguard of Liberty
The publication of news, the
publicity of trials are among the
great safeguards of liberty in a free
country" Baker declared. IF what
Judge Prewitt has done in this case
can be done and allowed to stand,
then it is within his discretion to
exclude any representative of any
newspaper and all representatives
OF all newspapers"
He characterized the editorial as
temperate, philosophical, and
Just statement, which we'll might
have been made by this or any
other court OF final jurisdiction
with due regard to the general
philosophy and dignity of the judi
cial proceedings.
When the last word is said, he
said, from the time of the Declara-
ton of Independence to now, the
great safeguard OF the people of the
United States is an informed pub
lie opinion, nodded by a vigorous
and alert press"
Danger Pointed Out
IF there be an opinion here
which comedies to any judge the
right to play favoritism among the
audience, to decide whether he will
let John stay in or keep James out
if that be an implied power OF any
judicial officer presiding at any
trial. then it is not at all difficult
to conceive tempestuous times in
which the public will be excluded
from the trial except where it may
sympathize with the proceedings
and the great corrective of public
opinion will be withdrawn"
The appeal on behalf of the free
dom of the press and free speech
evolved out of Kentucky'S bitter eco
nomic warfare that has centered
the eyes of the nation upon the I'M
happy conditions in the coal fields
of the Blue Grass State.
1t has as its background the tur-
MOL in that industry. the feuds be-
tween capital and labor. the blood
shed in the struggle of the miners
for an existence.
Out OF Harlan county, where
Theodore Dresser recently was in
dicted as the result of his bitter
structures upon conditions he found
there, came the principals in the
murder trial for commenting upon
which the News-Sentinel was barred
from Judge Prewitt'S court room.
Flag Plea Made
The commonwealth attorney who
prosecuted the mine death case
w. c. Hamilton, in his final plea
to the jury urged the jurors mot
10 let the American flag surrender
to the red flag"
The News-Sentinel commented
editorfally upon the prosecutors
impassioned plea to the jury: sc
long as our courts permit them
selves to be a stage for the TRADE:
of political and social prejudice
they will not obtain the full conf
dence of those who believe in even
handed justice"
1t was to these statements tha'
Judge Prewitt objected The re.
porter who had covered the trial
John Moutoux, was barred from
the court room and later cited fol
contempt Later Judge Prewit
withdrew the contempt citation.
Another reporter for the paper
Jack Bryan, who had no connection
with the trials. was sent to cove
the next trial. that of Williar
Nightower, president of the miners
local. on the same charge. Brya'
likewise was barred by Judge Prev
lit
Asks Writ of Prohibition
The newspaper appealed for
writ of prohibition from the highes
court of appeals, and it was thi
Baker argued Thursday.
In his fathers defense, Attorne
Allen Prewitt charged that the edi
torial was designed to coerce an
embarrass the Judge in his deciSio
on Jones motion for new trial an
on future trials growing out Of tn
same case.
Challenging the jurisdiction of tn
higher court to review his father
act, he suggested that Impeachment
by the legislature was the remed,
If he had erred.
Two Die for Murder
OSSINING. N. Y. Jan. S.-Josepl