The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-05-05
Sheriff Arrests Workers on
Charges of Distributing
illegal States.
3 RELEASED BY BAKER
Two Others Post Bonds OF
$1,000 After Hearing in
Myers Court.
BY ARCH sTEINEL

Clashes between judges,
prosecutors, and county Off
cials marked Marion County's
primary election today after
Sheriff Otto Ray had detained
five persons on charges of dis
tributing illegal states.
County Coroner William Arbuckle.
highest ranking enforcement officer
in the county, served habeas corpus
papers on Sheriff Ray for release Of
the political workers
The writ was issued by Criminal
Court Judge Frank P. Baker after
morning in which Judge Baker
and Municipal Judge Dewey Myers
had argued over jurisdiction in con-
nection with the case.
Judge Myers is an avowed lieu-
tenant of Pleas Greenlee, Demo-
cratic gubernatorial candidate. He
aided the Greenlee campaign for
delegates in the county.
The three men were released by
Judge Baker on their own recogni-
zance. No hearing date was set.
Only Five Held by Ray
DIR. Arbuckle appeared at County
Jail with the writ. AS it was
served, Sheriff Ray said:
We'll Doc, you supersede me this
time. But there's not many times
that you do"
The writ called for seven persons
but only five had been detained by
Sheriff Ray out of IL brought in for
questioning. Two of the five were
free on bond as DR.. Arhuckle served
the papers.
The. other three were taken Is
Criminal Courtroom in handcuffs
and chains.
Two of Five Free on Bond
The five men for whom Municipal
Judge Myers set $1,000 bonds, were:
Patrick Shea, 881 Fletcher-av, .
former paTolman.
George Hitzelberger, 548 Fletch-
er-av.
James Mccarthy, 1909 English
av. state employee.
Joseph Scotland, 1125 Bates-st.
Fred Brown, 241 Park View-av.
| Mr.. Mccarthy and Mr. Brown
had been released earlier on $1,000
bonds.
The coroner's writ also named
Daniel Sheehey, and Daniel Shea.
Sheriff Ray said they had been re-
leased earlier in the day.
The states they were charged with
distributing at the polls were Demo-
cratic organization handbills with
the name of Claude e. Shower"
rubber stamped in ink.
Officials Split, Report
Prosecutor Herbert M. Spencer
after several conferences with Fred
Cause and w. w. Spencer, state
election commissioners, said that MS
office would not issue any warrants
for any one detained by Sheriff Ray
in connection with the states.
The two election commissioners
were reported at odds over the legal
ity of the slate. Mr.. Cause declared
the slate illegal, it was said. Mr..
Spencer insisted it was legal, the
same sources reported.
Interrupted by Ray
The clash between Judge Myers
and Judge Baker ensued when the
Criminal Court judge appeared in
Municipal Court Room Three as
Judge Myers was preparing to hold
a bond hearing for the five men
charged by the sheriff with passing
illegal states.
Sheriff Ray was in the courtroom
as Judge Baker, smiling, walked in,
beckoned to the five men sitting on
the prisoners bench, and said:
Let's go, boys. You men are
o. Rid. released on own recognize
ance). You are free"
mo, you're not" said Sheriff Ray.
Judge Myers stepped from the
bench and motioned the Ave men
back to their seats.
Let's get back on our benches,
men," he said.
Jurisdiction Is Claimed
But I'm taking these men over
to my court. They are under my
jurisdiction replied Judge Baker.
I'm sorry" said Judge Myers,
but We have concurrent jurisdic-
ton in the county, Judge Baker,
No, I believe you're wrong. I
have jurisdiction in the county,
Judge Baker returned.
Get back on the bench. men,
motioned Judge Myers.
Judge Baker then turned to
Sheriff Ray and said:
You called me and said you were
going to send the men over to my
courtroom and when you did not
came for them"
Orders Bond Hearing
Sheriff Ray replied:
That is not true. Judge. You
told me to send them over TO your
courtroom
Turning again to Judge Myers
the Criminal Court judge said:
You can't hold them here"
Get back" ordered Judge Myers
as the five Democratic workers
moved nearer the Criminal Court
judge.
Judge Myers then stepped on tbs