Muncie Post-Democrat, Muncie, Delaware County, 15 July 1926 — Page 1

THE POST-DE1VIOCRAT

VOLUME 6—NUMBER 25.

Muncie, Indiana, Thursday, July 15, 192G.

Price 5 Cents a Copy—$2.00 a Year

SUDDEN GRAND INVESTIGATION

JURY ADJOURMENT PREVENTS OF THE ALPHA HOUDAY SCANDAL

Friends To The Rescue A Few Sample Letters From Individuals Who Believe In Him

PROFESSOR KELLY WRITES. My Dear Mr. Dale: 1 am in Chicago—just for the day and must leave tonight via the Dixie Flyer—for the South. I note with unusual satisfaction that you have at last broken through the crust of Muncie’s dome of bigotry and general crookedness to the extent of getting an audience through the Metropolitan press. Unless all vistage of our old time American love for fair play is gone there should be hundreds of thousands of hands reached to help you now. As you say the cause is not yours alone—You have brought it to the point of an issue which should compel the attention of the newspapers generally. That you will now secure the help—-moral and financial—which you need to carry on is my earnest wish. I was robbed and ruined in Muncie, as you may recall, during my eight years of effort there, all of which was satisfied under the forms of law in the courts of Delaware county. I was so heart sick and the wall of bigotry and oppression loomed so darkly throughout Indiana that I could not go on. Like you, I had no money to seek redress in the Supreme court. My health was shattered, all my friends’ money was lost and' there was no attorney in Delaware county who was either competent or willing to accept a retainer. I was effectively suffocated and the life of the school was snuffed out —with orders given that the newspapers of Muncie should no teven print my name. Eight of the best years of my life were gone, my beautiful home in Milwaukee was lost—also my life insurance which I had carried for twenty years, was mortgaged and spent. I was in debt besides, as I kept the school’s integrity on a legitimate plane at all costs, until the last day. I must not burden you with any further account of grievancies. I can not do much for you but I do want you to know that I wish you well and hope to see you win out and finally break up the ice gorge of bigotry and ignorance and hatred—combined with dishonesty and hypocracy which has for so long held Muncie in their grip. Best wishes for the welfare of yourself and family. Sincerely yours, MR. D. KELLY, Tallahassee, Fla. Lafayette, Ind., July 10, 192G. George Dale, Muncie, Ind. Friend Dale: I was very glad to observe the articles in The Chicago Tribune—it is very powerful in all Northern Indiana. Whenever you need my check for $50 you may notify me. Were I financially able, you would receive more as you have performed a very great service to the people of Indiana and an appreciation should be forthcoming. , Respectively, GEORGE R. DURGAN.

GREATER CHICAGO PRESS CLUB HOPS TO IT. „ July 13, 1926. Mr. George R. Dale, Editor Weekly Post-Democrat, Muncie, Indiana. My Dear Mr. Dale: Cheer up, old man,—never say die. The worst is yet to come—meaning the Press Club og Chicago. We are talking the matter over with our lawyer members and propose to call a special meeting to consider what action is proper in the circumstances. II have written Mr. Rooker for details. Do not expect too much from us, but any way, you have our sympathy (as far as that goes), and if you will refrain from telling his honor to go to hell it may be all for the best and contribute to your everlasting glory. Be philosophical and charge it up to advertising. More to come. Believe me. Sincerely yours, JOHN T. BRAMHALL, Greater Chicago Press Club.

MR. FRASH WRITES THE TRIBUNE. Editor Tribune, Chicago. Dear Sir: It occurs to me that the case of George R. Dale, of Muncie, Indiana, and his persecution by legally intrenched Klansmen is one that would justify amply the opening of a subscription fund’ to carry this case to the court of last appeal. Accepting Correspondent Orville Dwyer’s story, in the current issue of the Tribune, as a true outline of the Muncie situation, it would ap^ aar that Dale’s cause is the cause of every American who values his rights as a citizen and that the few dollars it will cost to thus protect those rights would be well invested. Consider this. We have reached a point at which it becomes necessary for us to protect ourselves against the tyranny of the courts—the very institutions that were established by the framers of the Constitution as a bulwark against tyranny and injustice. Our sole weapon of defense is being turned against us by contempt proceedings in which trial by jury and even the right to represenation by counsel is denied. From protecting our courts against contempt by a few lawless persons we have shifted into the very present peril of the contempt of judges for the rights of the sovereign people. Popular complacency in the face of this judicial trend has brought us face to face with a hazard' that touches very closely every American’s right to his property, his liberty, or even to his life itself. If there are those who doubt this, let them review the rate at which the courts have moved in this direction during the last ten, or even the last five, years. At this rate, how much legal safety will remain for the individual at the end of another ten-year period of such encroachment? I know nothing personally about this specific case, but I was born in (Continued to Page Four)

IS THE TRUTH A DEFENSE? Practically every newspaper in America, from the largest to the smallest is today discussing the question raised by the decision in the Dale contempt case, n which the supreme court held that the "truth is no defense.” Such great newspapers as the New York World, the Chicago Tribune, the Baltimore Sun ai d the Hearst syndicate of newspapers have entered the fray in defense of free speech and the right to criticize public officials. Last week Muncie entertained a group of the most noted newspapermen in America, including Baensinger of the Chicago American, Dwyer of the Chicago Tribune, Douglas of the Baltimore Sun, Irwin and Johnson of the Herald ai d Examiner, Catton of Cleveland, representing the NEA, and many others, including representatives of the Los Angeles Times and other western and midwestern publications. Thomas H. Adams, for forty years editor and publisher of the Vincennes Commercial, chairman of the executive committee of the Indiana state republican editorial association, to whom all honor is due for his gallant fight to get this matter before the general public, was an honored guest of the city. It was heartenir g to the publisher of the Post-Democrat to know that the great heart of he journalistic fraternity made instant response when the actual question of free speech and a free press was placed squarely before them. The great newspapers of America have been commenting freely on the Muncie case and it is hoped that in the free discussion which follows there will eventually evolve a clarification of the laws on contempt which will be of great benefit not only to the newspapers but to citizens in general who want to know the real truth concerning the doings of their public servants. The publisher of the Post-Democrat is trying to secure a review of the contempt case be'ore the supreme couTt> of the United States in order to clarify the situation. If the truth is no defense then the newspapers of America are entitled to know it and prepare to meet the situation. Jap Lineback, ch draian of the Delaware county democratic central committee, is the fafU*- of the idea to tell the world about the contempt cases. Mr. Lineback i^big in body, big in soul and his mind reaches far behind the confines of the little village of Albany, where he resides, honored and' respected by ad who know him. Two months ago Mr. Lineback suggested to the editor of the PostDemocrat that we in wrest some big metropolitan newspapers in the affairs of Delaware oi v. which seem to be in a hopeless muddle, because of the actions of a conscienceless gang of boodlers, grafters and jury fixers. Acting upon the suggestion of Mr. Lineback we interested a tew Indiana publishers in the idea and Mr. Adams, of the Vincennes Commercial, at once through his influence brought the matter to the attention of the Chicago Tribune and the great Hearst syndicate. . The response was astonishing and today the eyes of the entire United States are focused on Muncie. The big newspapers are now asking why the editor of the Post-Democrat was not allowed to prove, m court the thing that he declared to be the truth. ., . ^ What were these things in Muncie that were not allowed to be told in court? Representatives of the greatest newspapers in the world were here for days interviewing citizens. “Does Dale’s newspaper tell the truth?” was the question they asked of hundreds and they report to us that the answer, invariably was “YES.” Then why, they ask, should Dale be sent to prison for telling the truth? Men are sent to jail for perjury but telling the truth about unworthy officials ought to be regarded in the light of a public service, instead of a crime. . x- <mru + Personally these men have asked me this question: What is the matter with Muncie, anyway? Have your citizens no public spirit/ Are they so spineless and devoid of courage that they permit these things to be done without standing by you and demanalng a show down Drenched in the white light of publicity Muncie and Delaware county stands forth before the world as a city that has been run for four years by the klan. Thousands of newspapers in every state of the union have made P This could have been avoided if the Post-Democrat had been supnorted in the fight it made against the klan. Instead ot co-operation, however! we saw many of our own friends shrink into the shadows, rather than have it known that they were friendly to a foe of the klan. Men of wealth and influence, who should have stood shoulder lo shoulder with us in defense of the law and the constitution, held c aloof and permitted the grotesque D. C. Stephenson and his minions to take over the administration of the affairs of the city and county. But the l?gM of day is breaking. The klan is broken and the men who used it to graft, steal and punish their enemies are discredited a /shown in their true light.

Petition of Grand Jury Asking Removal of Deputy Prosecutor Ryman, Attorney for Holaday Following is the petition presented Thursday afternoon to Judge Dearth, after the grand jury had unanimously agreed that the PostDernocrat knew what it was talking about, when it declared Ryman was one of the chief Holaday conspirators. Judge Dearth refused to appoint a special prosecutor and abruptly adjourned the grand jury just as the Holaday investigation began.

(Petition for Appointment of Special Prosecutor) July 15, 1926. To the Hon. Clarence W. Dearth, Judge of the Delaware Circuit Court: We, the grand'jury of Delaware County, Indiana, respectfully represent and show to the court that we are now investigating an alleged violation of the criminal laws of the state of Indiana, alleged to have been committed by a citizen of said county and state; that the deputy prosecuting attorney has been the attorney and counsel for the person under investigation. Therefore in fairness to all persons and parties concerned this grand jury respectfully petitions the court to appoint a special prosecuting attorney to assist this grand jury in the investigation of the alleged offense. Signed: ERNEST JESTER, Foreman. ELIZABETH CHALFANT, ARLIE SHIRK. LEWIS HOLLIS. HAZEL CARPENTER. MINNIE DeLONG.

Wilbur To Name 2 Probe Bodies

Washington, July 14—Two investigating boards will be named by Secretary Wilbur to inquire into various phases of the Lake Denmark naval arsenal explosions. One will seek to ascertain the cause and the damage to government property, while the other will assess private property losses. In advising the Navy Department ot this course, the secretary, in a message sent today from the zone of disaster, directed also that Rear \dmiral E. A. Campbell, navy judge advocate general, confer with the attorney general relative to private

property damages. o

WOOD BURIED ,500

has been identified by the United States forest products laboratory, the Department of Agriculture has

announced.

Microscopic examination of the boat timber showed the presence of normal resin ducts, which laboratory technicians declare indicat

Suitor Shoots Self To Test Girl’s Love

Abruptly adjourning the grand jury Friday noon, with Deputy Prosecutor Wilbur Ryman under fne, Judge Dearth announced that the body would meet next Thursday, make its final report and permanently adjourn. The adjournment took place after the grand jury, taking the bit in its teeth, kicked Wilbur K>ju«h otu of the grand jury room and began an investigation of the Alpha Holaday

scandal.

Tuesday, the grand jury did three things. First if impeached Harry MoAuley, second it unanimously rejected an attempt on the part of Ryman to indict the editor of the Post-Democrat for “libeling” one Raymond .Warner, and third, it decided to investigate Holaday without the help of Ryman. During the temporary abence of Ryman from the grand jury room, the investigation began and when Ryman attempted to enter the room he was told to get out. He got. Ryman is the attorney for Holaday. It is known that Prosecutor Ogle refused to bring charges against Holaday, although he has swindled citizens of Muncie and surrounding cities. When Judge Dearth called the grand jury to investigate certain sensational charges made by the Judge, Prosecutor Ogle had a spell with his heart and named Ryman, deputy prosecutor. It was then announced that Holaday could not be investigated bej cause his attorney was the one who I would conduct the grand jury ; pi’obe. The grand jury thought dif- ! ferently and Ryman turned green in spots when he found that the grand jury was going to transact business without him. Thursday he did not go near the grand jury room and the court reporter did not show up so the secretary of the grand jury was compelled to take down the evidence in ( long hand. Thursday noon members 'of the [grand jury went to Judge Dearth Jand asked him to appoint a special prosecutor and the judge told them that he had no power under the law

to do so.

The grand jurors consulted various lawyers and were informed that the judge had a right to name a special prosecutor, if for any reas-

on, the acting prosecutor should b« disqualified as Ryman is. Ryman went before the grand jury and read what he declared to be the law, but omitted one paragraph which would have shown that the grand jury was within its rights in excluding him from participation in the probe. « Ity mail »»,,o .nfi.ij for time. Green and spotted with horror, he struggled to prevent the Holaday investigation. Men and women who had been robbed by Holaday, had openly declared time and again on the streets, that. Holaday had paid thousands of dollars for protection. They wanted to tell the grand jury. Ryman wanted to keep them from it.* In the midst of this hubbub the grand jurors, late Thursday afternoon, presented to Judge Dearth a petition, signed by all six members, asking for the removal of Ryman and the appointment of a special deputy. Judge Dearth pocketed the petition and remained silent on the question until noon Friday, when he announced that there was not enough money appropriated to keep the grand jury going the rest of the term, adjourned the grand jury until next Thursday and ordered it to make its final report then and disband. For once in four years a grand jury was found that could not be branded, hog tied and forced to submit to dictation. One of the women on the grand jury is Hazel Carpenter. She has served on many juries and up until the present has been blinded to conditions. With eyes now wide open, Hazel. Carpenter is a commanding figure? She served on the jury that convicted the editor of the Post- Democrat for libel. That was when her eyes were blinded. She and the other five members were ready to perform a great service for the community but the abrupt adjourning of the grand jury by Judge Dearth just as the sordid story of graft, thievery and corruption was about to be told has caused a temporary halt. The pent up storm will break sooner or later and the grafters will be exposed.

New York—Merwi Lafferty, 18 years old, a machinist of Covert

oraLury street, Hempstead, wasn’t sure that

ed that it was either pine, spruce, T , 0 ^ olc , 17

larch or Douglas fir.

Palestine Power Plant Given Aid

mV., ■Dflf.fpiq 17 of Rotfsford New York.—Bernard Flexner, ■ hflrarteristtcs ^reet Hempstead, loved him. Her President of the Palestine Economic

roscopic characteristics in the an forbidden him to enter Corporation, which was organized nual growth rings fized the identiy n ^ in 1925, has just announced its pro-

of the wood as a species of spruce. The examination was made at the request of the American acad-

emy of fine arts at Rome.

0

KLINCK, GENTRY SEEK

the house, and she hadn’t protested „ . . , , ^ overmuch. He decided to see if | r “ m ,'? f "'T t °y. b f u “ d f. ‘ ak *" , 1 Palestine, its chief activity being Laffertv rn^a revolver in hi 8 ' Participation in financing the hyLattertyp^arevoiver m ms d r 0e i ectric station on the Jordan pocket, walked to within a block j river and the necessary transmisof Miss Bartel s home and shot him ( gion jj neg to connec t the existing

self in the left arm. Then he

TO AVOID SECOND TRIAL talked to her door and rang the bell. Miss Bartels opened the door

turned appropriately pale and of-

Indianapolis, July 15—Petitions fered to bandage the arm. Lafferty

Were filed in the Marion county grinned,

criminal court here yesterday by cess.

attorneys of Earl Klinck and Earl Then he was arrested on a charge Gentry, pleading former jeopardy of carrying a concealed weapon and

which they were field for the Nassau county grand

, _ kidnapping Miss judy. Miss Bartels even went with

Washington — Wood, dredged Madge Oberholtzer. Judge James him before Justice of the Peace

from Lake Nemi near Rome and a. Collins took the matter under Walter Jones.

supposed to be part of a pleasure advisement and asked attorneys to “j don’t care,” said Lafferty when barge of ancient Roman nobles.^file briefs in the case. He said he he was arrested, “I know somesunk from 1,500 to 2,000 years ago, wouldl rule about August 1. thing now.” _ lilllri' MM

YEARS 18 IDENTIFIED, in the case in

|charged with

Deisel engine power stations at Tel-Aviv, Haifa and Tiberias. The Palestine Economic Corporation has advised Pinhas Rutenberg,

His Test 1ms * bee n "a" sue- President of the Palestine Electric

Corporation, which owns the water power concession, that it is prepared to assist in the completion of the undertaking to the extent of approximately $750,000 and is ready to enter into definite arrangements to this end, Mr. Flexner declared.

o

Chicago uses twenty-seven loads of garlic in a year.

car-

Stations Will Use Any Wave Length

Washington, July 15.—The Commerce Department will begin next week to issuance of broadcasting licenses to all applicant who have equipped stations. This action will be taken in accordance with an opinion by the attorney general that the department must grant licenses to all applicants ready for operation, but as to the assignment of wave length, this will be left to the broadcasters themselves. They are expected, however, to use only the normal wave band found necessary for their particular needs and to cooperate with existing stations in the avoidance of confusion. o The state forestry commission of Oklahoma are making plans which is tarried out will mean that each county in the state of Oklahoma will have a county park covering 640 acres of land.