Evening Republican, Volume 22, Number 93, Rensselaer, Jasper County, 21 April 1919 — MOTION TO QUASH FAILS [ARTICLE]

MOTION TO QUASH FAILS

JUDGE BERRY OVERRULES MOTION OF DEFENRANTS TO QUASH INDICTMENT. Fowier, Ind., April 18.—Burton B. Berry, jude of the eßnton circuit court, today overruled a motion to quash the indictment in the case of the state of Indiana against Wallace W. Evans, when the case was called for trial, and ordered the selection of a jury to proceed. Mir. Evans, who is one of the most prominent men in this part of the state, was indicted on a charge of filing a false claim with the county commissioners for $2,017 for work alleged to have been done on the William Fleming free gravel road/ sot the building of which he was the contractor. The motion to quash the indictment was filed by Charles W. Snyder, leading consel for the defense, who set up the claim that neither count in the indictment charges that any money was received by the defendant on the bill filed. In the Brunaugh case cited the receipt of the money on such hill was said to be one of the essential elements of the crime. Other reasons given were that it was not set out in the indictment that the money for which the bill was filed was the property of any of the municipalities mentioned in the statutes and that no felonious intent is charged. Judge Berry did not take the motion under consideration; but held the indictment good. The indictment in this case was, it is understood, drawn under the supervision of Emory A. Zellers, of Monticello, formerly United States district attorney, who convicted Sim Coy and a number of election conspirators at Indianapolis many years ago. Mr. Zellers is regarded as one of the foremost criminal lawyers in the middle west. 1 — iTJie courtroom was crowded with lawyers, witnesses, spectators and talesmen from a special venire until the place resembled a convention when Judge Berry ordered the jury box filled, preliminary to selecting a jury. In addition to the* regular panel, two special venires were drawn. The following are the talesmen, from whom the selection of the jury will be made: