The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-06-29

putty.
.ccept evidence offered him by
Indiana State Police, to show
that Cancilla had concealed
his Buffalo convictions on his
1885 application for an Indi-
ana motor vehicle operators
license.
Capt Matt Leach announced he
would request Buffalo authorities to
send a witness to Indiana who can
identify Cancilla as the person con-
victed there in 1921.
State Police Move First
The state police attempted to
take steps against Cancilla yester-
day, following disclosure by The In
dianapolis Times that the former
deputy prosecutor had denied on
his sworn application that he ever
had been convicted of felony.
When Mr.. Spencer was informed
Thursday Of the affidavit made by
Cancilla, he said he would present
the matter to the grand jury in
event the state wanted to initiate
the proceedings.
The state initiated the proceed
ings when Sergt. Pearce went to
Marion County courthouse yesterday
with official copies of Cancilla's fin
gerprints made in Buffalo and in
indianapolis. Mr.. Spencer then
went into conference with Grand
Jury Deputy Henry o. Goett and
his chief deputy, Oscar Hagemeier.
Refuses to Accept Evidence"
Following the conference an an
nouncement was made that Mr..
Spencer would insist upon the state
police agreeing to bring to Indiana
at least one Buffalo witness who
could testify regarding Cancilla's
conviction there II years ago, before
he would act.
Mr.. Spencer refused to accept the
Buffalo and Indianapolis finger
prints of Cancilla as sufficient proof
that his former deputy is the same
person convicted in Buffalo of
grand larceny.
In announcing his refusal to act
now, Mr.. Spencer claimed his Office
is without funds to insure the pres
ence of New York state witnesses in
the prosecution of any charges that
might be lodged against Cancilla.
The Indiana State Police entered
the case today after Capt. Leach
read a section of the Indiana motor
vehicle law declaring willful falsifi-
cation of statements on motor We
hicle operators applications to be
perjury. Upon conviction, persons
guilty of perjury are subject to i'm
priSonment for not less than one
nor more than 10 years.
Appointed tc Staff Jan. 1
Mr.. Spencer, in addition TO re-
jecting the checked fingerprints, ap-
parently had refused also to ac-
cept the Bertillon photographs at
tached to the Buffalo and Indian
apoliS police records as establishing
Cancilla's identity.
Cancilla was appointed men,
Der of Mr. Spencer's official staff
Jan. l. He was assigned to have
charge of unconteSted divorce cases
in Superior Court 2. He swore to
the drivers license application on
Jan. 8.
After The Times had shown that
Cancilla was appearing as defense
attorney in Criminal Judge Frank
P. Bakers court, MIR. Spencer issued
orders prohibiting his aids from ap-
pearing in either Marion County
Criminal or Municipal Courts in the
capacity Of attorneys in cases prose-
cuted by other members of his staff.
First Arrested in 1921
According to Buffalo police rec
ords, Cancilla was first arrested
there July %. 1921. for criminally
receiving stolen property, first de-
gree. He received a suspended SEN
tence in Elmira Reformatory.
Aug. 19. 1921, the same record
shows: Cancilla was arrested and
charged with grand larceny, first de-
gree. Again he received a suspended
sentence III Elmira Reformatory.
Buffalo police say also that Can
ella was arrested Sept. 80, 1921, and
charged with using false labels in
the process of manufacturing, re-
ceiving another suspended SEN
tence.
Nov. IS, 1921. Cancilla was ar
rested on a charge of first degree
grand larceny and received a sus-
pended Elmira sentence.
Jan. Is, 1923, Cancilla was ar
rested in Indianapolis on a charge
of vagrancy. Police said a badge,
previously stolen from a policeman,
had been found in Cancilla's pocket.
The affidavit made by Cancilla at
the bottom of his 1885 operators
license was signed Jan. 8, 1885. On
it, Cancilla stated he had not been
convicted of a felony.
The affidavit was made before
Lawrence A. Shaw, whose Offices
Cancilla shared. Mr.. Shaw signed
the AFFIDAVIT only in his capacity as
notary public.