The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-06-03
IS MONTHS IN
PRISON, $1,000
fine FOR DALE
Ten Others Are Sentenced
by Judge BaltzelI In
MunCie Case.
APPEAL NOTICES FILED
Two Will Not Fight Verdict;
Police Chief Given Year
and a Halt.

Mayor George r. Dale of Muncie
and ten others. convicted OF con-
Spiracy TO violate the national pro-
hibition law. we're sentenced 70
penal institutions today by Federal
Judge Robert c. Baltzen.
Dale was sentenced to serve eight
cen months in the federal peniten-
tiary at Leavenworth and was fined
$1,000.
Notice OF appeal in all but two
Of the cases was filed, following the
sentencing. as Dale continued his
fight to prove he was framed" by
the underworld Of the city which
he headed
Police Chief Frank Massey. alleged
co-conspirator with Dale. was SEN
fenced to serve eighteen months in
the federal reformatory at Chilli
Gothic. o., and was fined 81 900.
BootIegger to Prison
Corbett Johnson. admitted boot
logger and the governments chief
witness against Dale and his official
family. received the same penalty
as Dale. He was sentenced to serve
eighteen months at Leavenworth
penitentiary and was fined $1,000
johnson was sentenced on a plea
OF guilty after testifving against
Dale and the alleged co-conspirators
at trials here lasting more than
week. He did not appeal
Fred Ellis. safety board member.
was sentenced to serve a year and a
day at the Chillicothe reformatory.
and was fined $500.
Ernest Flatters, alleged bootleg
ger. was given fifteen month
term in Clillicothe and was fined
81 900. Fred Kubeck, alleged boot
logger. was sentenced to serve
eighteen months in Leavenworth
penitentiarv.
Others sentenced:
William Parkhurst. ex-pohce
captain twho did not appeal. sixty
days; Kenneth Horstman, detective.
six months; Harry Nelson. detec-
tive, ninety DAYS, and Dan Davis.
alleged bootlegger. sixty days. These
terms would be served in jail.
Appeals Are Filed
As the eleven men appeared for
sentencing, Baltzell overruled mo-
tons in each Of the cases for new
trials and for arrest Of judgment
The appeal notices then were filed
Conviction Of Dale and the other
resulted from a federal
court jury trial in which Dale
hurled charges that he was framed
OF long fight to halt activ-
tiles Of bootleggers and gamblers.
Character OF the governments
witnesses was assailed during the
trial, and Dale charged prosecution
witnesses included underworld char
acters whom he long had harsssed.
In overruling the motions for a
new trial. Baltzell asserted:
i have examined authorities and
l fail to see where there is anything
cited in the motions that would be
prejudicial TO any Of the defendants.
Sees No Error
The fact is that the court has TO
have opportunity to correct an error
in the record at the time such
error is made You sat by-fve
lswyers-and did not say a word.
You wait ten days before calling il
TO attention OF the court II that
is proper. the court would have to
stop lawyers in their arguments
himself
Il would set aside the verdict even
without 1t being called to my atten-
ton II ] thought the district at
torney was making preiudicial
statements. The defendants should
be given every protection to which
they are entitled, but we have TO
follow some procedure.
i just don't believe, in fairness
10 the court or any one else, that
lawyers can sit idly by and then
ask for these things after IL Is all
over.
IF I thought that preiudicial
had been made, would
not hesitate to set aside the verdict
I have that duty to perform and
IL is sacred.
Defense Given Latitude
The case was tried more salts
factorily than any other case ever
have tried. feel that the defense
vas given great latitude because Of
the character Of the case, q con-
spiracy trial"
I hold no brief for Corbett
said Baltzell in pro-
sentences. He is about
as bad a bootlegger as we've had
here in a long time. and he is not
going TO be excused because he
pleaded guilty"
A short time later Bsltzell as
serted he would recommend no
parole for Johnson.
He is not entitled 70 any," said
Baltzell.
All defendants we're placid but
Johnson, who obviously was down
,aSt