Indianapolis Times, Volume 36, Number 73, Indianapolis, Marion County, 2 August 1924 — Page 8

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EDITOR, IN JAIL, lALKS OF FREEDOM I OF JHE PRESS Karl Magee of New Mexico Tells of Workings of Court Machine, By CARL C. MAGEE, Iditor New Mexican State Tribune. Editor's Xote—Since he wrote this arele Editor Magee has been released on Dnd pending the renew of his case by le New Mexico Supreme Court. This arele , rives the elironoloeicai development f the Magee case very clearly. I am complying with the request or a story on ‘‘The Freedom of the Teas" from a cell in the San Miguel Dunty jail. New Mexico. I am sing the tea tray upon which my reakfast was sent in bv kind friends s a writing table. I’ve had twenty-four hours for a ery calm recapitulation o? my views n the freedom of the press and the onsequences. I may have other days for similar eflection extending from three to lx months, provided the higher ourcs entertain Ideas on the subject imilar to those of Judge Leahy of he district court here. Tet my lews are unchanged and are likely

a remain so. The more recent angles of the case inge around a proposition of law rhich is susceptible of more judicial buse than any other discretionary ower of a court which I know —the Bower to punish summarily and Bithout intervention of jury for injp -ct contempt of court for publishing articles regarding a pending case. -4• • • B Let me illustrate by being more Specific regarding my own case, udge Parker, chief justice of the iupreme Court of New Mexico, lives n Santa Fe County. I publish a iaper in Bernadillo County. A bank n Santa Fe County failed in 1923. t developed that the clerk of the curt had the court funds In his lame in the bank in spite of a State aw making it a felony not to turn hem over to the State treasury rithin twenty-four hours after reel pt. I attacked the clerk and demanded lis removal. May I turn aside to ay that he is still clerk and still inpunished while I am in jail for writing an article criticising his elony. In the editorial in which I ataked the clerk I said: “We wish to call the attention of ustices Bets and Bratton to what is •oing on in their court I suggest lOthlng to Judge Parker. He has Town too accustomed to old condiJons to see anything wrong with (rhat has happened.” I Parker is a member of the old Fall machine. I don’t know whether iotts, anew member held to th“ iame practice. It seems so, for the Jerk is still on duty. Is Indicted J Foj- the above statement I was ndicted in San Miguel County the ollowing week for criminal libel. Tie reason for this venuq is that it s headquarters for the most corrupt lolitical organization that ever aflicted a State. Judge Leahy is a irincipal cog in that machine. The ounty government is completely in heir power. The citizenry of the :ounty Is 85 per cent Spanish-speak-ng and non-English speaking. They ive in peonage to this machine. No ftne knows where grand juries and ft- tit juries come from. This law is Ignored. Interpreters are used for ft 11 juries. I was brought here beS ause it was the only county where Bhe machine could succeed with its ftlans with absolute certainty. V A half-dozen editors had be’n Ireated so previously. All were con fticted and sentenced within fortyftight hours after indictment. None, ftver got into the penitentiary, but ftll quit the newspaper business as Hi consideration for being allowed go go or to prevent repetition. H Upon my Indictment the inexorable ftnachine began to grind. ■ I will not recount details. It was Hi travesty. H I was convicted In five minutes by ft Jury which could not read the ofHfendlng article or understand the ftvidence without an interpreter. ■ Judge Parker testified he had not C sked for my prosecution. He said ftreely that he did not think the article libelous. i Nevertheless, I was sentenced to year to eighteen months In the penitentiary by Leahy. Another Attack In the meantime, I attacked the way I was being railroaded in order to silence me. I allowed no newspapers containing the article to come Into S:-n Miguel County during the trial, as I did not wish to affect those directly concerned with my trial. Regardless of this I was cited for contempt for publishing these articles. Each day I was cited as the articles appeared. On the trial of four of these cases, ■which were consolidated, I was deftied a change of venue and change ■of Judge or a trial by jury. I anfcwered. alleging the truth of my statements. 1 For a week we introduced before ■Leahy evidence of his own corruption. But it didn’t take. Leahy >eld that he wasn’t corrupt, and sen-

Robin Puffed Up—Blame Him?

By Timrs Sprcinl IUSHVILLE, Ind., Aug. 2. —An orphan robin here is J all puffed up and he isn't cold, either. He's proud. He tells the whole bird world he's the legal ward of Mr. and Mrs. Raymond Hargrave of this city. And around his ankle—no not a yellow ribbon, but a “gorgeous" bracelet bearing numbers that are officially recorded by the Federal government. Five weeks ago, Mrs. Hargrave found the bird half starving. She took It in the house, and fed it and then turned it loose. The robin flatly refused to leave. Every night he fluttered around the door, and wanted in. /

tenced me to a year in jail and a $4,000 fine. The Governor corrected all the aobve with pardon, saying that the whole proceeding was “a blot on the State and a disgrace to the good j people thereof.” j The Supreme Court affirmed the I validity of the pardon and I prei sumed the incident closed. However, i I continued to attack Leahy, trying : to draw him into suing me for libel, where I could get someone else on the bench. He shied at this. Two weeks ago Leahy set for trial on July 22 one of these contempt cases which he had continued indefinitely a year ago. I wrote a story announcing the setting and saying that “I have as much chance with Leahy as a lamb has with a butcher.” This later was a “comment on a pending case” and drew anew citation for contempt. Changes Tactics When the case came up Leahy announced that he would change his ruling of a year ago that the truth of the statement would constitut a defense. He held the articles to be contemptuous even if true. This left me defenseless. He didn’t like the publicity regarding his corrupt practices. I stood mute. He found me guilty, of course. He then asked me if I cared to give any reason why I should not be punished. I replied simply and courteously: “I deny that this is a court or that I am being accorded due process of law.” He at once declared that statement a direct contempt. He sentenced me to from ninety days to six months on each case, and I’m here and will stay here before I will recede.

Now, what is the net result on the public generally?! The coritegnpt 1 law as It has grown up affords the courts a short route to deny a change of judge; the right to have a grand jury first accuse you: the right of a presumption of innocence; trial by jury, or to be confronted by your accusers. The courts have found a way to take away by a court ruling the 600-year-old guarantees of free men and all American constitutional rights. I deny that such is the law and will fight such pretensions to the death. Probably no one else in the United States has as hard-boiled a situation to deal with as I have, but if the rule stands judges can control newspapers absolutely and the freedom will be gone. If newspapers abuse their freedom in the discussion of pending cases they should be indicted and tried exactly like any other crimi nals. That might not help me much in San Miguel County, but under most circumstances it would afford the corrective effect of a jury and an impartial judge. Accompanied by the usual rules of change of venue and presumption of innocence this kind of a newspaper offender would be on as favorable a legal footing as a murderer or a rapist. Even a newspaper man should be entitled to that much consideration. — - Hoosier Briefs OKOMO girls are being annoyed between Sycamore ■ and Mulberry Sts., by “heflappers,” ‘‘tin horn gamblers” and “mashing dudes,” according to O. C. Phillips, attorney, who appeared before police commissioners. “If the stuff croaks me I’ll die without telling where I got it,” William F. Petty, St. Paul youth, arrested on a drunkenness charge, told Greensburg police. | i—i ROST Is only six weeks IJ- j away. Vem Hottschall, ‘ j near Marion, reports he heard a katydid. Canoe trip down the Wabash, undertaken by Pressell Redding and Nyle Redding of Bluffton turned out to be a walking trip. The river was too low. ii AUGHTY, naughty,” Jus- \ tice of Peace J. C. Sheley, told Everett Curtis, Donald Rooney and Ralph Summers, "Washington boys, who went swimming ala Adam. William Baumbauer, Wabash grocer, lost a bunch of bananas while driving to his store. He's singing a popular song. . Newton Allen, Fairmount farmer, is elated over the bqst in hog prices. He owns 2.000 of them. burg, reversed the old esl___| tablished faithfulness of a dog for a man. He saved his dog from an auto and received a broken rib. Miss Florence Stickler, 21, of Warsaw, dropped dead walking from a hospital where she had been operated on for appendicitis. r |IR£ department at Bedford Ir I was called out to rescue a Li —l giri who caught her knee while climbing a tree. Fire laddies were chivalrous. They kept her name a secret. Hydro-Electric Bonds Approved Authority has been given the Indiana Hydro-Electric Power Company to Issue $1,750,000 in 6 per cent bonds, and $437,600 in 7 per cent preferred stock by the public service commission. The power company plans to build a hydro-electric plant at Oakdale, Ind., on the Tippecanoe River.

“There’s only one thing to do,” Mrs. Hargrave told her husband, and that’s to adopt him.” So they notified Dr. Earl Brooks, U. S. Biological Survey. Then Mr. Hargrave fitted him up, a roost where the robin can come and go at will. Thursday, Mr. and Mrs. Hargrave received word that their adoption of the bird had been recorded, and in accordance a bird bander was enclosed to be strapped around the robin’s leg. Mr. and Mrs. Hargrove next are going to name the bird. They’d like to call him “Orphan Annie,” only—well— He ain’t that kind of a bird.

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BEGIN HERE TODAY Sally Morgan, daughter of the owner of the Bir-M ranch in Montana, has to go a distance of 35 miles from the ranch to catch a train for the east, where she intends to buy a trousseau for her wedding to Sheriff Wells. Wells is unable to ride with her to the railroad station. so the ‘ Nervous Wreck,’ a young easterner who is visiting at the ranch, offers to take her to the station In his little automobile. The sheriff ridicules the suggestion, but Sally and the Wreck set out anyhow over the rough, uncertain trail. The Wreck’s real name is Williams and his home is in Pittsburgh. He drove up to the ranch one day in his rattling car. stayed for supper, and “then kept on staying.” NOW GO ON WITH THE STORY G| ’M a nervous wreck,” he J I told Dad Morgan and the L.—i family. “I’ve got Insomnia and things like that. I look healthy, but don’t let It fool you. I’m a wreck.” It seemed that his doctor, back in Pittsburgh, diagnosed him, and he believed the doctor. He had been working too hard; he was on edge all the time. He was not very old, but the city was killing him. Anything that savored of excitement was in a fairwwasy s to put an end to him. “What you need,” said the doctor, “is a long trip somewhere, by yourself. Cut out the cities; dodge the towns. Buy yourself a flivver and strike out for the wild west. That’s the only place where a man can lead a quiet life in these days.” Dad Morgan allowed that the doctor was right; but the Wreck said no, the doctor was a liar. The west had not been nearly so quiet as promised. But it seemed that the Wreck liked the Bar-M. He stayed and stayed, and appeared to think they ought to be grateful to have a paying boarder. Dad and Ma and Sally were, in fact, glad to have him, for, outside of the sheriff and a few other natives, visitors at the ranch came seldom. Besides, the Wreck was something of a curiosity, and when he did not talk about his nerves he could tell interesting tales of the east, which nobody but Sally believed. She had been as far as Chicago, so that she had something to judge by.

OUK BOARDING HOUSE—By AHERN

THE OLD HOME TOWN—By STANLEY

And now the Wreck was taking her to the train, mainly because everybody but Sally said it could not be done in a flivver. The trail got worse, as most of them do. It. wound and climbed in a tortuous fashion, simple enough for a horse, but most of It never intended for a. contraption with a sbinch tread. Ordinarily at the top of the rises, Sally was wont to check her horse long enough for a sweeping view of billowing range, bench land and the stern figure of Black Top, which was their nearest mountain. Black Top was not a very high mountain, but, standing curiously alone in the range country, was a useful mark for reckoning. Nearly everybody who traveled the neighborhood took bearings from it, even though they chanced to be strangers. But today Sally took no sweeping views when they reached crests in the trail. Rather, she drew deep breaths, looked down ahead of her and gripped the seat; for the Wreck had a trick of taking the down grades with a swoop, they being the only stretches of trail which offered chances for speed. They had come to the end of a long, twisting descent, which he volplaned with amazing abandon, when Sally ventured a comment "How do you get it up again when it turns over?” she asked. It was a look of annoyance and disappointment that he gave her. "Listen,” he said. “Don’t you start saying it can’t be done. I thought you were different.” "Oh, but I think it can be done, Mr. Williams,” she hastily amended. “Only—well, you might break an axle, or something. Mightn’t you?” The Wreck brought the machine to a stop and allowed the engine to race in a horrible manner. “Want to get that don’t you?” he demanded. "Why, of course.” “Am I alarming or otherwise annoying you?” “No. indeed!” “Have I busted anything yet?” "T don’t believe so.”

THE INDIANAPOLIS TIMES

“All right. Let's go.” He stamped his foot on one of the pedals and they leaped forward. Sally held tight and smiled. She enjoyed his childish faith in himself; besides, she figured that she could Jump clear as soon as it became necessary. Not until the trail was shrunken to a mere path among rocks and trees did the flivver come to a stop. The Wreck killed the engine, climbed out and went ahead for recomnaissance. “Wo’ll have to roll a lot of rocks out of the way,” he said when he came back. “Are you good at it?” Sally fought against a smile, for she was contrite with guilt.

“WE’LL HAVE TO ROLL A LOT OF ROCKS OUT OF THE WAY.” “It wouldn’t do any good to start rolling rocks,” she said. “We’d be at It till doomsday. I’m awfully sorry, but we’ve come too far. It’s my fault.” “Too far?” he repeated, puzzled. “Yes. You see, we’re beginning to climb the side of Black Top, and you can’t get anything up here but a horse. I was so busy watching the trail that I didn’t notice our bearings. It was stupid of me, but—well, it’s done.” He nodded, then glanced ahead at the disappearing trail. “If a horse can do It— ’’ He was thinking of the sheriff. "Oh, no,” said Sally, emphatically, and shook her head. “It’s useless to think <M It. Why, there are some places it Just goes along the edge, not more than three feet wide.”

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FRECKLES AND HIS EREENDS—By BLOSSER

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He was reluctant to abandon the Idea and still stared at the trail with an appraising eye. "We’ll have to go back.” explained Sally, “to the place where the road turns off. We passed it.” “I didn’t see It,” he remarked. “Did you?” “Certainly not. If I had I’d have spoken about it. But It’s there, of course. Don’t you remember that we spoke about a road turning off last night? That’s what we had to watch for. It’s not much of a road, I imagine: but a car came through last spring.” “How far back is It?” he demanded. Sally could not even guess. “It can’t be far,” she said. The Wreck stood for a moment in gloomy contemplation. ”It upsets my nerves to turn back,” he announced. “I get jumpy and shaky. It irritates me. But—oh, blazes!” He reached for the crank and yanked i'. viciously. Sally dismounted and .stood breathless while he made a turn. He managed it ultimately, after a furious charge into a clump of saplings, which flattened under the attack like wire entanglements before a tank. "Get in,” he commanded. They were off on the Black Trail, leaping and careening. For ten tempestuous minutes they traveled the down grade, with Black Top casting a long shadow- before them. "Keep your eye peeled for that turn-off,” admonished the .Wreck, an they plunged reeling into a little green coulee through which a tiny stream trickled. “It’s queer about that road, but I can’t seem to find it,” Sally confessed after a while. Sally glanced at the watch that was strapped to her wrist and caught her breath. “Do >cu know that it’s after 6 o’clock?” she cried. He bent over to examine the watch, then produced his own, which he wore in a pocket. “Ten after 6,” he confirmed. "I think we’re both a few minutes fast.” “And do you know w ( e’re supposed to catch that train at 7?” Sally’s voice had a note of consternation. “Don’t get fussed,” he advised. “We’ll make It.” He was plunging forward again, but she checked him with a vigorous grip on his^arm. “We’re headed in exactly the wrong direction. We’re going south, and we ought to be going north.” "Well, we’ve got to go south u.itil we get out of this what-you-may-call-it,” retorted Wreck. "I can’t turn around here.” s

OUT OUR WAY—By WILLIAMS

“But—but—” Sally was thinking about the eastbound express. She did not know, but she had a feeling that the railroad was still very far away. They had been on the road since noon, and she could not for her life tell how many miles they had wasted — but probably most of them. “But what?” asked the Wreck, impatiently. “We’ll just never make that train.” “Why not? Who says so? Certainly we will. If there’s a railroad there with a train on it, we'll make it. Just as soon as we get to this road you spoke about ” ( “But w'here is the road?” The Wreck removed his hands from the wheel, folded them in his lap and looked at her. “You said it was over this way, didn't you?” “I—l’m not sure. I said It was in a certain direction from a certain place. But I don’t believe we've been going in that direction. At least, not all the time.” “We've been going as nearly in one direction as we could,” he said, coldly. “Don’t blame me if the country is a hodge-podge." “I’m not blaming you.” "Look here; have you got the idea in your head that I’m lost?” he demanded. "Please go ahead. It’s getting later and later.”

Large Red Pimples On Face And Body Cuticura Healed “ My face and almost my entire body broke out with pimples. They were large and red and after festering, scaled over. They itched and burned and my clothing aggravated the breaking out on my body. It waa almost impossible to sleep at night due to the intense irritation. “ I tried several remedies but to no avail. A friend advised me to try Cuticura Soap and Ointment so I purchased some. After a week’s treatment my skin showed signs of clearing, and the itching and burning were relieved. I continued the treatment and in about a month I wan healed, after using two cakes of Cuticura Soap and one box of Cuticura Ointment.” (Signed) Mias Alice C. Kaloai, 18406 Neff Rd„ Cleveland, Ohio. For every purpose of the toilet and bath, Cuticura Soap, Ointment and Talcum are excellent. SunplM Tt— br Mall. Addrws: "CatiraraLaboratorlw, Dpt. H, Malta ♦*, Kaaa.” Sold tvrrywherjLSoap 25e. Ointment 25 and Me.Talram 26e. /WF* Try our pew Shaving Stick.

SATURDAY, AUO. 2,1924

“Because if you have,” added the Wreck, “I’ll remind you that I drove all the way from Pittsburgh without getting lost. And if you think you can lose me in a little two-by-nothing prairie, you’ll have to guess some more.” "Oh. drive on?" exclaimed Sally. He did drive on, expertly and furiously. She cast a hopeless glance at the low rluges that seemed to have sprung up on all sides and frowned oixiously. Perhaps the Wreck was not lost, but Sally was quite certain that she was. (Continued in Our Next Issue) Factory Inspector Named John Dickson, Whiteland, Ind., was appointed factory inspector for the State Industrial Board by the board. Dickson Is Interested in the title business in Wheatland.

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