Indianapolis Times, Volume 32, Number 310, Indianapolis, Marion County, 6 May 1920 — Page 7

PJGHES FILES ■ABATEMENT PLEA (Continued From Page One.) it tended to seriously prejudice thegrand Jury in regard to the defendants. SAY JUBY ALSO ACTS AS SHIELD. "The rules governing instructions to a grand Jury are in no means technical," •aid Mr. Hughes. “The grand Jury, from time immemorial, has existed not only for the purpose of finding Indictments against those accused of violating the law, but { also to act as a shield for the protection of the accused. “It la a serious matter to intrude anything prejudicial in instructions to a grand Jury, more so than to a petit Jury. “Any intimation by the Judge charging to the grand Jury that any particular defendant 1* guilty Interferes with the deliberations and findings. "No more serious or prejudicial statement could have been made than the one made by the Judge. SAYS COURT TOOK HUSK OF ACCURACY. court on the very threshold, after IBding and staring what had been said said. 'On the face of it this admission that facta are true.’ "This was not only prejudicial to Lewis, but to every defendant at well. “The grand lury would assume that the court would not have quoted such a statement unless It was credited. “The court took the risk of the accuracy of that statement when he made it” V Mr. Hughes then cited several cases in ■which the point In Instructions figured and reiterated bii contention that the statement was extremely prejudicial. CALLS ATTENTION TO PUBLIC DENTAL. He then called attention to the fact that a public denial of the statement was made by Mr. Lewis, which appeared In the press and said that the v eongressman who had made It had afterward iasued a statement admitting that his quotation was erroneous. Following this development, the grand jury was not called again before the jndge for information as to the error of the statement, according to Mr. Hnghes, thus remaining under the impression, apparently, that the court still gar* it credit. Mr. Hughes said this point would figure as one of the most important in the case and remarked, in summing np his argument, as follows: “There is nothing more important in this country at the present time than to see that the fundamental principles of liberty and rights should be maintained In regard to every defendant in the United State* court, no matter of what class.” SIMMS’ REPLIES TO HUGHES' STATEMENT. Dan W. Simms' special assistant United States attorney, answered Mr. Hughes saying his statements in regard to some cores quoted had not been entirely In a?cord with the present situation.” He pointed to the fact that it is necessary far a court to make specific instructions, and said Judge Anderson laid down every rule by which the grand was to be guided. grand jury, according to Mr. Simms, was Immediately Informed that the statement made In congress was erroneous when this stet was made known. Mr. Simms also maintained that this case was exceptional and that It was the duty of the court to give specific Instructions. Judge Anderson in discusa'ng the plea, called attention to the fact that the error had been corrected before th* grand jury and also pointed out that it was used in the instructions as a quotation and not given as a fact. Mr. Hnghes then maintained that no statement made by a prosecuting attorney could detract from the weight of the statement. JUDGE "TAKES ISSUE" WITH SOLOMON. “I have been around courts for a lofig time," said Judge Anderson, m commenting on the arguments, “but I tell you, ladies and gentlemen, Solomon was not right when he said there waa nothing new under the sun.” After the court charged the grand Jury to investigate members of the mine workers' organization, in trying to be fair, he went on to comment on others who might be Implicated. “I can't Imagine what I am here for npirffi I call the attention of the grand to investigate these matters, and it is also my duty to call attention of the grand jurors to rumors voiced In the public press and the halls of congress which have come to the attention of the court. “This court is not responsible for all the mistakes made by congressmen." There ensued some argument as to the method of procedure and the case was dslayed until 10 o’clock tomorrow morning, when the government will file an answer to the plea In abatement. IMPOSING ARRAY OF LEGAL TALENT. Besides Mr. Hughes, attorneys representing the miners In the case are David Warrum, Indianapolis; Harold A. Henderson, Terre Haute, and John A. Riddle, Vincennes. The operators are represented on the floor by the firm of Miller, Dailey & Thompson and Charles W. Miller, former United Btates district attorney. Frank Dailey, who handled the prosecution of election cases in Indiana and Michigan, is appearing in the case as one of the firm of Miller Dailey & Thompson. Associate counsel appearing in the case includes John M. Rawley, Brasil; C. A. Royse, Terre Haute; John Jeffries, Terre Haute; Henry Adamson, Terre Haute; Beasley, Douthitt, Beasley, Crawford & Beasley, Terre Haute; James E. Piety and Chester Y. Kelly, Terre Haute; Whitcomb A Dcwden, Indianapolis; Taylor, White & Wright. Indianapolis; Mark H. Miller. Indianapolis; Hottel & Patrick, Indianapolis; P. O. Collver, Terre Haute. The district courtroom was crowded with defendants and attorneys. Indications were that arraignment proceedings will last for several days. John L. Lewis, president of the United Mine Workers of America, who surrendered to the United States marshal ■cesterday. said all miners named in the would appear in court without contesting removal to the jurisdiction of the Indiana district. LSS NAMED IN THE JURY'S REPORT. In the grand Jury report, 125 operators and miners were named as de-* fondants. * They were Indicted after an exhaustive Investigation of the bituminous coal industry in Indiana. Ohio, Illinois and western Pennsylvania. Ail of the Indictments were brought under the Lever food and fuel control act and section 87 of the United States criminal code which chargee conspiracy to violate a federal law. The indictment returned was iq eighteon counts and charged ten overt acts. A conspiracy to “limit the facilities j so? transporting, producing, supplying \ and storing coal’’ and "refusing to mine, j sell or deliver coal" Is charged in the first four counts of the indictment, PRICE CONSPIRACY ALSO IS CHARGED. A conspiracy to commit an offense sjjewlst the United States by exacting an : Excessive price for bituminous coal Is j charged !n the eleventh count. This deals largely with negotiations j between miners and operators in wage scale conventions and also includes tb* calling of the coal strike of a year ago by officials of the United Min# Worker* of America. The ten overt sots charged include alleged specific violations of the Lever act and daai largely with coal contracts. Indiana opart tors who appeared in ' coast war* Mtartoa L. Gmfld. Indianap-

olis, president of the Indiana Bituminous Coal Operators* association; Phil 11. Penna. Terre Haute, secretary of the Indiana Bituminous Coal Operators’ association; Carl J. Fletcher, Indlhnapolis, secretary of the Knox County Coal Operators’ association; Jonas Waffle, secretary of the Indiana coal trade bureau; H. M. Ferguson, David Terhune, Robert J. Smith, Henry Smith, Archibald Spears, George A. Anthony, William J. Hamilton. John A. Templeton. J. C. Muren, William Epperson. Banus E. Neal. Valentine Martin, Alfred M. Ogle, Jabez Woolley, William P. Zimmerman, Thomas Byers, Harry W. Little, secretary of the southern Indiana coal bureau; M. E. Mogff, David Ingle. W. H. Tobin. Wiiliam Zeller, Edward Shirkle, Edward Hackett. George A. Van Dyke. William J. Freeman, Edwin D. Logsdon. G. H. Richards, Hugh Sbirkie, Homer, B. Talley, Walter D. Talley, Warren F. Smith, Frank Thorp* and John Kelly. INDIANA MINERS HEADED BY' LEWIS. Indiana iqiners appearing In court were John L. Lewis, president of the United Mine Workers of America; Philip Murray, vice president; William Green, sec-retary-treasurer; Percy Tetlow. statistician ; Edward Stewart, William Haney, WilMam Mitch, John Hessler, James A. McKinney, Harry Suteh, Charles Fettlnger, Harry Lentz, U. O. Hall, John Little. John Purcell, Jack McQuade, Ed Havercamp and W. A. Luce. Other miners indicted were: Illinois Frank Farrington, Harry Flshwiek, Charles Grace, Robert T. MeCalllster. W'alter Nesbit, William ,T. .Sneed, Ben Williams and Joseph T. Yearsley. Ohio—George Cecil, Lee Hall, John Moore, Thomas Price, William Robinette, William Roy, G. W. Savage, John Sexton and William C. Thompson. Western Pennsylvania William C. Cavanaugh. Robert Gibbons, William Hargest, Thomas Hughes, Frank Lelthold, John McWee and John O’Leary. A bitter contest of the case was predicted when the arraignment started. injunctions seeking to restrain the government from prosecuting fifteen coal operators of Chicago Included In the iudlctment were sought In the federal court of Chicago yesterday, according to word received here. Similar proceedings were instituted in United States courts in St. Louis. Toledo and Cleveland. It is alleged in the injunction proceedings that the Lever act, on which

AMUSEMENTS. ,!/^r>d 3 ENGLISH’S IjD ||||&*| v W Startinj Sunday, May 9th I at Pamou * Player*—Lasky Film /.>3‘iA * Corporation Presents the ParaS ’NAgaJB Jf mount- Arte raft Super-Production \Jllf On With Iff the Dance with MAE MURRAY and DAVID POWELL AjßTjjy II V The Vanity Box of Man - JB yi]r j ILr hattan Spread Out for All * * 1 UNTIL 11 P. M. x I Every Day at ?sts and 8:15 | Vocal Dialect Comedienne, I IM |y Q tyj SUU TheJPhj steal Marvel. LILLiMiI OBIH YV ED JANUS REVUE Backed hjr oodles of personality X A turn cunea and some exclusive songs this clever JArtUU SMUtS star returns with new character lm- Rig Laugh feurprlss. I personations. DAVIB AND PELLE A New “Laugh” Combination THE MINIATURE REVUE AL. LYDELL & CARL MACY BERT HOWARD Their comedy skit, KINOGRAM WEEKLY OLD CRONIES DIGEST SAYINGS •k CONTINUOUS VAUDEVILLE WM The Famous KILTIES BAND UNTIL Bix Imps and a Girl, Delea and Orma, John Geiger, 4 the Gabbarts. Lee and Bennett. Christy Comedy. j Dancing in the Lyric Ballroom Afternoon and Evening. "• "*•

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the coal indictment is based, is unebnstitutional. The Injunctions were asked in behali of coal operators living outside of the state who are opposing removal pro-, ceedlngs. Attorneys representing both operators and miners In -Indianapolis were pre* pared to fight the €ase on the grounds that the Lever act is unconstitutional. Federal authorities, however, have determined to prosecute the cases to the limit, according to L. Ert Slack, special assistant United States attorney. The government Is represented in the case by Frederick VaaNuys, United States district attorney; L. Ert Slack, special assistant, and Dan W. Simms, special assistant United States attorney. The Investigation of the coal industry, which led to the indictment, was made by a special Jury In session three weeks under the guidance of Attorneys Slack and Simms. Five More Autos Reported Missing The theft of five more automobiles was reported to the police today. TJje automobiles reported stolen belonged to William F. Roepke. 3845 East Washington street; Ernest Schmidt, IMS Park avenue: Thomas H. New, Greenfield; Fred M. Melere, 2711 North Meridian atreet, and Thomas Hones, 826 North Rural street. Lloyd Prevost Goes to Trial for Murder MT. CLEMENS, Mich., May 6. Charged with the murder of J. Stanley Brown, wealthy young clubman of this city, on December 23 last, Lloyd Prevost, 22, was placed fin trial here today before Circuit Judge Lamb. Brown was fouDd dead In his automobile on a road a few miles out of this city on the morning of Dec. 24 with several bullets lu his body. Several arrests were made. Including Mrs. Ruth Prevost Brown, wife of the dead man and a cousin of the youth who is on trial. Mrs. Brown was subsequently released and Prevost was held under a grand jury indictment for murder in the first degree.

INDIANA DAILY TIMES, THURSDAY, MAY 6, 1920.

BENSON BALKS AT DENYING CHARGE (Continued From Page One.) * ’ ’ practieally impossible that I can ever visit there again.” SENATOR TAKES ISSUE WITH HALE. Charges that Chairmap Hale was using questions prepared “by an admiral or outside parties” ■'and “fired up here by messenger every day” were made by Senator Pitman, Nevada, democrat, during cross-examination of Beuspn. Senator Halo protested tnat the senate denied him the assistance of counsel in conducting the probe. After the hearing Pitman and Hale engaged tn a sharp verbal clash in the senate offle* building, in which Pitman charged that the official record of the hearings had been “doctored.’’ Ho referred to the alleged omission of a colloquy between himself and Senator Hale over the propriety of a question asked by Pitman. Pitman said he expected to bring the matter before the committee. JAPAN FACES INDUSTRIAL CRISIS. LONDON. May 6.—Japan will be faced with a serious unemployment situation and a financial crisis as a result of widespread stoppage of operations in the weaving industries, according to a News Agency dispatch from Tokio today. Wholesalers of cotton and silk are reducing their prices 50 per cent.

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PARKS TO SEE MANY CHANGES Superintendent Outlines Summer Improvement Program. James H. Lowry, executive superintendent of parks outlined at the park board meeting this afternoon the advancement of preliminary work in getting the city park property in shape for what

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he expect* to be one of the biggest years in the board’s history. Mr. Lowry pointed out some of the improvements in landscape work and reported satisfactory progress In all construction work. “We are going to make this year the most effective in park work, ea-operating with the recreational department,” said Mr. Lowry. The board dl*ru? and action In development of <*lty pa’.k property, enlargement of recreational facilities, Including the proposed extension of Ellenberger park

golf course, hut took no final action in the matter. The board expressed appreciation for the co-operation of Charles Hansen, organist, who opened the municipal noon day concerts at Christ church. The following program waa selected for tomorrow and Saturday noons: "Fantasle In C,” Tour*; “Supplication,” FryslngeT; “Prelude and Fogue in G Major,” Mendelssohn; ‘‘Sault de Amour,” Elgar; “Minuet,” Bocherinl; “Prelude,” Chamlnade; "Gavotte n *IE Minor,” Silas, and “March Mllltaire.” Schubert.

Negro Accused of Beating Aged Man Ray Davis, 21, negro, 1518 Byram placet Is under arrest charged with assaulting Owen McGinn, 62, Senate avenue hotel. Davis is alleged to have badly beaten the aged man in an altercation at Klngan’s packing plant this morning. McGinn has charge of the cloakroom at the plant and Motorcycle Policemen Odder and Landers were told the negro at tacked him in this room. ,

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