The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-06-28
Prosecutor Refuses to Push
Perjury Charges Unless
Indiana FootS Bill.
'EVIDENCE' is REJECTED
Capt. Leach Moves Swiftly
After Disclosure Lawyer
Forgot Record.

records identifying Peter A.
Cancilla, local attorney and
former deputy prosecutor, as
the man twice convicted IN
Buffalo, n. Y, Prosecutor
Herbert NJ. Spencer today re-
fused to Immediately press
perjury charges against his
former deputy.
Mr.. Spencer declined to accept
evidence offered him by Sergt. Ear
nest Pearce of the Indiana State
Police, to show that Cancilla had
concealed his Buffalo convictions on
his 1885 application for an Indiana
motor vehicle operators license.
Capt Matt Leach announced he
would request Buffalo authorities to
send a witness to Indiana who can
identify Canoilla as the person con-
victed there in 1921.
SldLS EOllG6 1ONb TlTSb
The state police attempted to
take steps against Cancllla today,
following disclosure by The Indian
apolis Times that the former deputy
prosecutor had denied on his sworn
application that he ever had been
convicted of a felony.
When Mr.. Spencer was informed
yesterday 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 today
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 am
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 IA 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 section of the Indiana motor
vehicle law declaring willful falsif1-
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 to staff Jan. 1
Mr.. Spencer, in addition TO re-
jectlng the checked fngerprints, ape
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 a mem
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, Mr.. 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 sem
tence in Elmira Reformatory.
Aug. 10, 1921. the same record
shows: Cancilla was arrested and
charged with grand larceny, first de-
gree. Again he received a suspended
sentence in 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 sem
tence.
Nov. 10, 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 arr
rested in Indianapolis on a charge
of vagrancy. Police said badge.
previously stolen from a policeman.
had been found in Cancilla's pocket.
The afidavit made by Cancilla az
the bottom of his 1885 operators
license was signed Jan. 9, 1885. On
it. Cancilla stated he had not been
convicted of a felony.
The affidavit was made before
Lawrence A. Shaw, whose ofilces
Cancilla shared Mr.. Shaw signed