The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-05-10
CLEMENCY PETITION FOR
BARKER BROTHERS FILED
WITH STATE COMMISSION
Bar Association Members,
Meanwhile. Say Probe
Can Be Made.
HITCH DENIES 'TIP-OFF'
Says Charges Are Unbound
ed, Hints at Pipe Dream
by Reporter.

euLlonS requesting exec
utive clemency for Lee and
Dell Barker, convicted Indian
apolis bootleggers, today were
on file with the Indiana
Clemency Commission.
The petitions were signed by Mrs.
Penelope A. Barker, wife of Lee P.
Barker.
Also filed with the commission
was the clemency petition signed by
Lee Barker while he was held pris-
oner 26 days in Marion County Jail
in November, 1884. on a contempt of
court attachment issued out OF
Judge Frank p. Bakers Criminal
Court.
That petition, over the name
Frank P. Baker, bore this statement:
We have been unable to locate
this man to sentence him or rather
to commit him"
Termed Attorneys Fees
Commitment Of the Barkers. nine
years after their dry-law convic-
ton. led The indianapolis Times
TO make an investigation. which has
disclosed a chain of amazing cir
cumstances, including the deposit
ING of $3.50 by Mrs. Lee P. Barker IN
escrow with a prominent Indian-
apolls physician.
Prosecutor Herbert NJ. Spencer
told The Times the money repre-
Sented attorney fees to which he
would have become entitled if he
could have convinced Judge Baker
the Bankers should 90 free.
According to former Criminal
court Judge James A. Collins. In
diana laws required the commit
ment OF the Barkers.- because the
Supreme Court had affirmed their
sentences. The only agency possess-
ing power TO free them wa the
Clemency Commission, Judge Collins
said 1910
Released on Court Order
Lee Barker was released from ths
county jail on the night of Nov. 2s.
1894, on an order bearing the name
FRANK P. Baker and initiated u A
b. Those are the initials of Joel
A. Baker Criminal Court ,nvestira-
Tor and probation officer.
Both Mr.. Spencer and Joel A.
Baker were at the county iaiI When
Lee Barker was released.
Meanwhile, members of the Tndi-
annapolis Bar Association denied
mat the grievance committee of the
ASSOCIATION must have a formal
complaint before launching an in
veStlgation into the circumstances
surrounding the placing Of the $3.50
in escrow.
Attentlon was directed to Article
. OF the association bylaws. which
requires the committee to take no.
tlce, on its own motion. of +he
conduct Of its members or other
persons practicing law in Marion
County
Hitch Denies Assertions
The same article reouires N.
committee to take notice of anv
grievance touching the adninistra-
ZION OF justice in any Of the courts
OF the county, which, in the opinion
OF the committee, may require cor
rection.
IN an interview yesterday, Joel A.
Baker said Judge Baker signed Lee
Bankers clemency petition after Lee
mad been released from the county
jail '''
Ralph L. Hitch. former Chief
Deputy Sheriff. under indictment on
ENFORCEMENT charges, today denied
published statements that he had
admitted, to a morning newspaper
representative, that he tipped of"
the Barker case.
Accused" BY Reporter
Mr. Hitch said the reporter had
accused him of tipping of" the
case in retaliation for his arrest on
the embezzlement charge. Mr.. Hitch
said he had denied the accusat ton.
Notwithstanding the sensational
developments in the Barker case, the
proceedings involving the clemency
petitions will take a routine course,
it was indicated at the Offices of the
Clemency Commission
Mrs. Barker today pointed out
that Dell Barker had been held in
Chillicothe 90 Federal prison for
his full term, because of the pend
ing Indiana charges, and had, N
effect, served time for violation of
the state statute for which he now
-, v,~f-0,