The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-09-04
VAN NUYS WILL
FIGHT TO WIN
DALE PARDON
Case Against MunCie Mayor
Was Made Asserts
Indiana Senator.
Continued From Page One)

his conviction on the liquor conspi-
racy charges.
The iracible mayor, it is under
stood, wanted to carry his fight to
the United States supreme court,
but found that he did not have
enough money to continue his bat
tie for judicial justice.
Il have learned from the most
reputable citizens of Muncie," said
Senator Van Nuys, that George
Dale has given that city one of the
best administrations it ever has
had.
From fiscal standpoint, Muncie
is probably in as good condition as
any other city in the state.
Mayor Dale cleaned out the
grafters and drove the organized
bootleggers from Muncie. In so do
ing, he aroused the antagonism Of
powerful persons His crusading
probably is what led to his indict-
ment.
Says Case Was Made
"Overzealous prohibition agents
found fertile field in which to
work when it came to making a
case against Dale.
Il say making advisedly, be
cause. having read the evidence, l
am convinced this is one case that
bears all the earmarks of having
been hand made.
When 1 was district attorney,
had many cases presented to me
along the same line. l frequently
had much more respect for the al
legged law violator than I did for
the INSCRIPTIONS rat who was try
ing to build up q case.
Having read the testimony and
the opinion in the case, 1 am con-
vinced thoroughly that the evidence
is much too questionable to sus-
tain the conviction"
Dale was convicted by a federal
court jury in Indianapolis May 81,
1882, largely on the testimony of
underworld characters.
sentenced 10 ITISOn
The defense proved that many of
the government witnesses were
driven out of Muncie by Dale.
He was sentenced by Judge
BaltzeH to serve eighteen months in
federal prison at Leavenworth and
fined 1000
The appellate court in Chicago
ruled that the lower court had made
no reversible errors, and upheld the
conviction Of Dale and Frank
Massey, Muncie police chief.
At the same time, the appeals
court ordered new trials for five
others convicted in the same con-
spiracy trial. They were Fred FL
lis, member of the Muncie board
of safety and four policemen-Dan
Davis, Kenneth Horstman, Harry
Nelson and Ray Powell.
If Dale appeals for pardon.
Massey is expected to do likewise.
Senator Van Nuys' announcement
that he would side with Dale was
not expected.
Frequently at Odds
The senator and Mayor Dale fire.
quently have been on opposite sides
of the fence.
Several years ago, George Dale,
then Waging a one-man fight
against the Ku-klux Khan, through
his weekly newspaper, the Post
Democrat, aroused the ire of Clar-
ence w. Dearth, then Delaware
county circuit judge. Dearth SEN
fenced Dale to sixty days on the
state penal farm for contempt of
court. Dale served two days and
was pardoned by his political en-
envy, Governor Ed Jackson.
Subsequently, Dale brought i'm
parchment charges against Dearth,
alleging MISUSE of judicial powers,
and the lower house of the Indiana
legislature voted the Impeachment
charges.
Dearth was tried before the state
senate, and Van Nuys. then a
prominent Indianapolis lawyer, was
attorney for Dearth, who was &C
quilted by the senate by one vote