Evening Republican, Volume 15, Number 102, Rensselaer, Jasper County, 29 April 1911 — CLINTON L. BABER MUST SERVE PENITENTIARY TERM. [ARTICLE]

CLINTON L. BABER MUST SERVE PENITENTIARY TERM.

Head of Winamac Bridge Co„ Convicted Here, Year Age—Supreme Court Sustains Yerdict. Clinton L.- Bader, president and general manager of the Winamac Bridge Co., who was convicted in the Jasper circuit court on Feb. 26, 1910, of having presented a false and fraudulent claim to the board of commissioners of Jasper county, and Who was paroled on March 18th by Governor Marshall pending the review of the case in the supremo court of the state, will now have to serve the term for which he was sentenced by Judge Hanley following the trial. The supreme court made its ruling Friday, sustaining the verdict, overruling practically every objection made by Bader’s counsel in an effort to keep him from going to the penitentiary. The following abstract from the record of the court was published in the Indianapolis Star: Criminal Law—False Claim—lndictment.—2l6s4. Bader vs. State. Jasper c. C. Affirmed. Monks, J. , (1) The omission of quotation marlts after a fraudulent claim filed against the county, recited in the affidavit, is immaterial. (2) The verification to a claim is not part of it and need not be recited. (3) Charging that one knowingly committed an act charges that he knew the claim was false. (4) The record kept by the auditor of the proceedings in ordering the construction of a bridge was competent evidence. (5) The specification and blue print, being part of the contract, were admissible in evidence. (6) The state had a right to show by witnesses the smaller sizes of the steel used and what the difference would amount in weight, and how much less the bridge w'as worth as constructed than if constructed according to contract. The witness, being an expert engineer, could testify as to difference of value. (7) Where defendant gave evidence as to conversation relative to change in material and construction of the bridge, it was not error for the court to instruct the jury of the commissioners’ inability to change the contract. (8) Instructions which may have been called for by the argument of defendant’s counsel will be presumed to be correct. (9) Good character can not wofk to prevent conviction and such instruction is proper. (10) It is not error to refuse instructions not signed by defendant or counsel.

The story of Bader’s arrest and trial and conviction is familiar to most readers of The Republican. He was awarded the contract for building a bridge over the Howe ditch in Milroy township and when it was completed he filed a bill with the commissioners for payment. The bridge was accepted, but Wallace Marshall, of the Lafayette bridge company, appeared before the commissioners and made charges that the bridge did not comply with the specifications. He signified his willingness to make the charges before a grand jury and did so. An indictment was returned and Bader was convicted when tried. He was represented by Attorney Williams of this city. It was shown by the defense that Bader had told the com T missioners that he would be unable to procure the material required and complete ‘the bridge within the required time and Bader testified that' he had been told to go ahead and get the bridge done, that what was wanted was a “good bridge.” When the commissioners allowed the claim they cut it SIOO for the shortages, and then allowed $25 for extra backing.

Expert evidence from Marshall showed the bridge to be short in weight almost seven tons and in value something like S3OO. , After the jury had found the do fendant guilty Judge Hanley did not pass sentence until he had caused an engineer to investigate other bridges builded by the Winamac company. It was shown that practically all of these failed to comply with the specifications and Judge Hanley then passed pentence and directed Sheriff L. P. Shirer to take the convicted man to the penitentiary. Sheriff Shirer tyok Bader to bis home in Winamac, thinking that he had three days in which to carry out the order of the cou't, and believing that it would be humane to permit Bader to look after some business affairs and spend a short period with his family. Near the clone of the third day a reprieve came from the governor, instructing the sheriff to hold the prisoner until tin parole (was forwarded. The parole came in a day or two. It was procured on representations from the attorneys for Bader, backed up with a petition from many people in Jasper and Pulaski counties.

For failure to carry out the court’s instructions and take Bader to the penitentiary, Sheriff Shirer was cited for contempt and fined SIOO. Following the action of the governor 'in paroling Bader, Prosecutor Longwell procured evidence that resulted in securing several other indictments against Bader, all on practically the same charge. These cases have been continued from term to term, and now that Bader will go to the penitentiary on the first conviction it is probable that the other cases wil 1 be quashed. Mr. Bader’s parole bond was in the sum of $5,000. It was signed mainly by Winamac citizens. He is now in Winamac and The Republican was able to discuss the matter briefly over long distance telephone with M. M. Hathaway, formerly one of Bader’s attorneys and for some years a member of the bridge building concern Which Bader nfanaged. Mr. Hathaway had not seen Mr. Bader since the ruling of the court He stated that the Winamac Bridge Co. was a financial wreck, having failed during the time Bader was running it, and that Bader himself/"was also supposed to be a total financial wreck. He said that the company had made no money during the time Bader managed it. Before Bader is committed to the penitentiary he will have sixty days probably in which to prepare a motion for a rehearing in the supreme court and it is probable that Attorney Williams will make this last effort to keep his client from prison. It is hardly probable, however, in view of the opinions set out in the ruling tha r . a rehearing would be granted. Attorney Williams is in Indianapolis today, Saturday, on other business. He learned of the ruling last night and felt almost as bad doubtless as the convicted tSkn.

The Republican believes now as it did in the outset that Bader is deserving of much pity. He has not. lost Jasper county any money. He took the contracts for bridges cheaper than they could be built and cheapened the bridges to come inside of the cost. The act was illegal, the evl dence was plain, and the outcome what might have been expected. But the bridges Bader built were wortn all that was paid for them. He was a poor business man and his anxiety for work overrode his judgment and his honesty. With the Winamac Bridge Co. removed from the competitors in bridge building in this county it is probable that Jasper county will pay proportionately for Its bridges in the future. This is not In defense of Bader. His method was wrong and he deserv* * punishment, but we believe he was a victim of the rival concerns .th it sought to cause his downfall.