Evening Republican, Volume 22, Number 91, Rensselaer, Jasper County, 18 April 1919 — PRECEDENT ESTABLISHED [ARTICLE]

PRECEDENT ESTABLISHED

EYES OF SEVERAL COUNTIES FOCUSED ON BENTON •■ ■ ■ - LEGAL BATTLE. Marking the beginning of a new epoch in the history of Indiana, today, W. W. Evans, prominent citizen, farmer and contractor of Benton county, begins to await the verdict of twelve of his neighbors upon the question of his guilt or innocence of a charge of knowingly filing a false claim for money upon a contract for the construction of a highway in Pine township, Benton county. Facing him, Upon the verdict of guilty at the hands of his neighbors, is a punishment of not less than two years nor more than fourteen years in the state prison and a fine of not less than $lO and not more than SI,OOO. It is the first case of the exact kind in Indiana. The decision of the jury in the Evans case will doubtless pave the way for others of the land in other localities. Complaints similiar to those against Evans, have been frequent wherever public work has been done, but heretofore no such action has been taken as in the Benton county case. lit is said that the concrete used by Evans in the construction of a road was not according to the specifications; culverts constructed lacked the proper amount of concrete and small bridges and culverts were alleged to have been shortened. They are said to have been in some instances w feet Shorter than designated in the specifications. The grading is claimed to have been slighted, sand being used in large quantities where he was required, under his contract, to use a specified quality of gravel. Ultimately through investigations made by members of the state board of accounts, and following their report, a grand jury of Benton county returned a true bill against Evans in which he is charged with a felony under the false claim statute. « J (Prominent as is Evans, a man of good general Reputation, has caused an entire community to wonder at his indictment, which wonder grew

when it was learned that the county had appropriated a large sum of money with which to employ additional counsel in the prosecution, after the appropriating body had received certain information regarding the charges against him, has caused his same community to become divided upon the question as to his guilt or innocence. The defendant, Thursday, filed a motion to quash the indictment against him. The indictment as filed is in two counts, in both of which Evans is charged with filing a claim for a completed road and for a balance claimed to have been due him of $2,017 when in fact the highway had not been completed at all and when nothing was due him under the contract. By his motion to quash the indictment, Evans raises the following questions: First, that the indictment fails to charge or allege any unlawful intent. Second, that there is no chaise in the indictment that he ever received any money under the alleged false claim. Third, that the indictment charges mere conclusions of law and that there is nothing charged which is sufficient to put him upon his defense. The attorneys in the case for the prosecution are Wilbur Nowlin, prosecuting attorney, assisted by Ernest Hawkins and Messrs. Jones and Jack son, .of Lafayette. Those representing the defense are attorneys, Charles M. Snyder, Elmore Barce and E. G. Hall, of Fowler,