The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-06-22
go YEARS FOR
BOYS Laid TO
POLITICAL ROW
Too Busy to Give Case
Proper Attention. Says
Prosecutor.
GRAND JURY SCORED
States Attorneys Feud
With Judge Blamed for
Severe Penalty.
BY ARCH STEINEL
Times stan Writer.

BY AkIH SIElNEL
Times stan Writer.
JASPER, Ind. June 22.-Em-
broiled in a political as well as a
legal tangle. two boys, IA and IT,
who were sentenced to 80 years
Imprisonment for kidnapping the Du-
bois County sheriff, today were back
in their cells in the county jail after
they had been refused entrance to
the Indiana State Reformatory.
While Philip Lutz Jr., Attorney
General. and Circuit Judge John l.
Sumner tried TO find a judicial home
for the bOys-fOr life or less-the
indictment of a petit jury bailift
and criticism Of the conduct of an
other official by a grand jury re-
veaIed how the immature youths
we're given their stiff sentences in
the heat Of a political row.
Judge Sumner. Republican, is Ct
odds with Prosecutor A. r. Slim
son Jr.. Republican.
Caught between the two political
factions. Bascum Ray Jr., IA, and
Maurice Sheridan. II. both of Hunt
ington, W. Va, we're indicted on the
severe kidnapping charges instead Of
a lesser Offense when Prosecutor
StimSon admittedly was too busy
10 give the case all the personal at
tentiOn neceSSaT
Urged Grand Jury Action
7 was busy with some murder
cases before the grand jury. The
Judge was DESTROYS that I proceed
against the boys through grand jury
indictment instead of by affidavit
II I had gone by affidavit I would
have charged them with kidnapping
as well as a lesser offense," said the
prosecutor.
I merely cited the law to the
grand jury and Sheriff Edward
Luegers (the official the boys kid
naped) was the only witness against
them. think. I had a pretty good
grand jury and left it up to them,
added the prosecutor.
The prosecutors pretty good
grand jury" indicted Sherman Win
niger. aged Circuit Court bailiff and
appOintee of Judge Summers, on
charges of negligence and influence
ing a petit jury and then returned
a secret report against another
minor courthouse official of the
same political faith of Judge Sum-
ner's. The report charged intoxi-
cation. but was given no legal status
except for filing with the county
auditor.
BIames Political Feud"
Judge Sumner declared the in
dictment against his bailiff was the
result of a political feud between
the bailiT and the prosecutor"
Eyes heavy and rheumy with age
Judge Sumner said it hurt him to
give the two bows 99-year sentences
on kidnapping charges.
There was nothing else I could
do. The law is mandatory.
took an oath of Office TO obey the
law. I think I'd sign a pardon for
them IN four or five years time" he
said.
Two Other Charges Possible
He pointed out that the carry
ing Of concealed weapons and resist
ing an arrest we're the only lesser
ofenses that the youths could be
charged with in Dubois County.
The car they stole was in an
other county. I'm wondering, how
ever. if Vie Youngest boy is fit
companion for the other youths if
sent to the Plainfield Boys School,
he said.
Atty-Gen. Lutz sass the l4-year-
old Ray. six-foot and abnormal in
size for his age. can be sent TO the
Plainfield Boys School until he is
y years OF age and then trans
ferred 10 the Indiana State Re-
formatorv. The elder Sheridan may
be sent 10 the reformatory. where
ne was refused yesterday by off,
Gals. the encouragement says.
Officials here awaited the arrival
Of a representative Of the office OF
Gen. Lutz. who was expected to ar
rive today TO confer OF the indict-
ment Of the bailiff and the case OF
the boys.
Maholm TO Ask Retrial
In the meantime in Indianapolis.
T. Ernest Maholm. attorney for tie
father OF the youthful Ray. expect
ed the senior Ray 10 arrive today
for consultation. A new trial will
be sought for the youths.
Jasper divides its criticism three
ways on the sentencing Of the boys
The sheriff receives curbStone
cloutS for permitting the boys TO
kidnap him. The prosecutor feels
some wrath for battling with Judge
Sumner and failure 10 proceed on
lesser ofenSe. while oddly the over
abundance Of Democratic office
holders-the judge and prosecutor
are the only Republicans-are di-
vided into those backing every act
OF the Judge and those rubber
stamping the prosecutor.
But, while the political as well
as the legal maze over the youths
attracts statewide attention. they
oontentedly settled down today in
their county Jail cells 10 German
kraut meals. cooked by the wife of
their KIDNAPPING victim. while await