Indianapolis Times, Volume 38, Number 299, Indianapolis, Marion County, 23 March 1927 — Page 3

MARCH 23,1927

NINE WITNESSES K IN DEARTH TRIAL HEARD TUESDAY Another Judge, Deputy Prosecutor and Police Chief Testify. Nine State witnesses were heard by the Indiana Senate Tuesday afternoon in the impeachment trial of Judge Clarence W. Dearth of Muncie. Taking of testimony began when the Senate reassembled after lunch, after opening arguments by Representative J, Glenn Harris for the House of Representative board of managers, and Attorney Frederick Van Nuys for Dearth. Tuesday afternoon witnesses included a special deputy prosecutor, another Muncie judge, the Muncid" police chief and four of -the news* boys from whom Judge Dearth had papers taken in an effort to suppress an edition of the Muncie PostDemocrat. Shaw on Stand Several witnesses testified to the event of Feb. 19, when the judge ordered police to bring in newsboys and take copies of the Muncie PostDemocrat away from them and then he himself lectured them from the bench. That Governor Ed Jackson should K point a successor to Judge Clarce W. Dearth Immediately and that the impeachment trial before the Indiana Senate is valid and constitutional was the contention of E. R. Templen, Muncie attorney, in a

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brief filed in Marion Circuit Court today. Templen represents Ralph Duddelston, Muncie, administrator of the estate of George Duddelston, in a mandamus suit seeking to compel Jackson to appoint a successor to Dearth, pending decision on the impeachment charges by the Senate. Attorney Francis A. Shaw, deputy prosecutor, counsel for the Muncie Municipal League and former president of the Muncie Bar Association, testified to his presence in Dearth's court when the newsboys were marched in two by two and assembled before tlje bench for reprimand. Their papers had been taken from them previously. Shaw was for twenty-five years a court reporter. He had been trying a case and Judge Dearth asked him to remain and hear what occurred. He took a scratch pad and jotted down the judge’s talk to the- boys and this was read. Among those present were the judge’s friends. Attorney Wilber Ryman and Van Ogle, Shaw declared. Dearth then told the boys and others present according to Shaw, what an honest, hard working jurist he was and pointed out that he had handled 7,000 cases. Quoting from the article in the Muncie Post-Demo-crat which blamed a murder on himself and Mayor Hampton, because of lack of law enforcement, the judge continued according to the Shaw notes: “I want to take this matter up With the Muncie Bar Association. If I am dishonest they can have me impeached. I am for law enforcement.’* "Hands Clean'* "My God! Has it come to such a pass In this city that they can place blood upon my shoulders. My hands are clean. I have ordered all of you boys to juvenile court. You have no right to circulate a paper full of slander. Os course you didn’t know you were doing wrong. I will let you go, but you can not peddle your papers and must promise not to sell any more. Don’t return to the home of George Dale and get any more of them either. Such accusations are read by good citizens and some of them believe these charges.’* On cross-examination Ogle he declared that the boys chorused "No," when asked if they knew they were doing wrong, and also when asked if they would return for more papers, since their original bundles had been confiscated. He also recalled that the judge stated that it would be all right for the boys to peddle the Press and Star, Muncie dailies, but not the weekly Post-Dispatch. Chief Is Witness

Chief of Police Arthur Jones followed Shaw to the witness chair. His meekness was reflected in his answers, spending much time in exonerating himself from all blame because his officers took the boys to court house and police station and confiscated their papers. This upon Dearth’s orders to Day Captain William Vaught, he testified, and was under way before he gave it his official o. k. as head of the department. He did send the papers that were taken at night over to Circuit Court the next day, however, he admitted, declaring that it was upon request of Judge Dearth, brought through an officer. “I was home at noon when the day captain called and said, 'Say Chief, Judge Dearth ordered us to stop the boys from selling Dale’s paper on the streets’,” Jones testified, anc! declared that he later o. k’d. the order, but the halting of newsboys and taking them to the courthouse was already under way. Four patrolmen, a chauffeur and three detectives were engaged In this business, the chief admitted. House board of managers members continued the questioning: Q. “Were any of the newsboys taken to the police station?” A. “Some, but they were immediately sent over to the Circuit Court.” Q. “Were any papers taken from them at the police station?” A. "Some, but that was at night when the courthouse was closed and we sent them over there In the morning.” Q. "Was there any writ or warrant for this procedure?” A. "No.” ' Judge Testifies Appointment of separate Jury commissioners for the Superior Court in County and the reason for asking the 1923 Legislature to pass a special act making this possible was gone into with Judge Robert F. Murray, judge of the Grant-Dela-ware Superior Court by Representative Lawrence E. Carlson for the House Board of Managers. Murray quickly told the impeachment court that he had served for four years before Dearth was elected —that he had asked him to advise with him regarding the appointment of jury commissioners, and the committee which was to pass on admissions to the bar. “I felt that I had a right to ask this in view of the fact that his selections would effect my court. My only request was that they be men not actively interested in politics,” said Murray. The witness said that he found fault with the selection of John Hampton, later and now mayor of Muncie, because Hampton was active in politics. Against Cavanaugh Frederick Van Nuys for the defense tried to get Murray to say that it was the system he disapproved of rather than the Individuals selected. After some quibbling on the subject Van Nuys gave Murray an opening and the judge said, "I had lawyers come to me with objections to Jake Cavanaugh as a jury commissioner. I did not know him personally but I believed what they told me.” Senator Howard Cann elicited the information that the bill' for the special jury commissioners applied only to the Grant-Delaware Superior Court, of which Murray is judge. Ernest T. Jester, the next Witness, was taken in hand by Representative Milton J. Salwasser of La Porte. Jester said that he was a member of the Delaware County grand jury which brought impeachment charges against Sheriff Harry McAuley in the summer of 1926. The witness said that on one of the days they were in session he met Dearth going down in the elevator and that the defendant called him into his courtroom. “If this grand jury does not return an indictment against Harry McAuley,” Jester quoted Dearth as saying. “I’ll get a grand jury that will.” Jester claimed that he told Dearth that “if this grand jury doesn’t H&Ery JMUmAMIGy gpnil ty >ou’ll

‘NEWSIES’ TELL OF /SUPPRESSION

jßsKmm & i aHhflti

Four .Muncie “newsies” who Tuesday fold tlie Indiana Senate of the seizure of their newspapers on orders of Judge Clarence W. Dearth. They proved to be alert witnesses at the Deartii impeachment trial. I,eft to right; Verne Lykins, Janies Carrigg, John Itaines and Robert {(adders.

hqve a good chance to get anew one.”* Before Jury Salwasser drew from the witness the fact that Dearth appeared before the grand jury several times and that he had not at all times been sent for. The connection between Wilbur Ryman, counsel for Dearth in the present case, former deputy prosecutor, one time Klan candidate' for Attorney General of Indiana against Arthur L. Gilliom, and attorney for Alpha Holliday, with the grand jury, was gone into. Both Jester and Mrs. Hazel Carpenter, the following witness, testified that the jury did not want Ryman to handle the Holliday case as he was an interested person. Jester introduced a letter written by the jury to Dearth asking for a special prosecutor. Dearth refused the request of the grand jury, it was alleged by both witnesses, and dismissed them, although they were anxious to sit and hear the case if someone other than Ryman would prosecute it. Mrs. Carpenter testified that Ry-

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man had told the jury that he was not Holiday’s attorney, but that Dearth had looked the record up at request of the jurors and found that he was. Information as to what the grand jury was doing reached the Mrs. Carpenter said, because he told them that he did not think they should discuss the political phase of the McAuley case. Dearth's frequent visits to the grand jury room were told of by Mrs. Carpenter, although she said, “sometimes we sent for him.” The Holliday case referred to dealt with the activities of one Alpha Holliday, who was charged with violation of the “blue sky” law and had been convicted in the Federal courts. How he was seized by a policeman who told him “Judge Dearth wanted him,” his newspapers confiscated by the sheriff and taken to court and warned to sell no more copies of tlie Post-Democrat, under penalty of “probation” was told by Johnny Raines, first witness, Tuesday afternoon. . \ ' Raines, red headed and speaking

loudly, told his story under the questioning of Representative McKesson of the prosecution, and was later cross examined by Attorney Van I. .Ogle for Dearth. The boy said that he was selling papers on a downtown street in Muncie when taken in charge by a policeman named Trowbridge. Hu described in detail how he and “thirty-five or forty” other boys were herded into the court room and there lectured at great length by Judge Dearth and told to sell no more pepers. Got More Papers He left the court room, got more papers. Later he was taken by Officer Ira Pittenger before he had time to sell any of the second batch. He declared Pittenger placed his hand on his gun and threatened to shoot as he dashed up an alley. "I stopped,” the boy admitted, and then told once more he was taken to the courthouse and his papers taken away. He declared that the officer slapped him and called him a liar when hb

said that he (the officer) had reached for his gun. When Ogle took up the cross-ex-amination he launched into a maze of questioning designed to trip the boy. He failed, however, for the 14-year-old returned sharp answers and at one point brought a laugh from the Senators. “You were on Jackson St. when this officer tried to draw his gun?” Ogle asked. “That’s where you said I was, not me,” the boy replied smartly and Lieutenant Governor Van Orman had to rap for order. In the cross questioning lie told of how Dearth, upon seeing the account of himself and Mayor Hampton in the paper, said; "My God, has it come to a time when they print such stuff in a paper like this.” James Carrigg. 14, said that he and a group of boys were playing marbles when a Ford touring car drove up and a man with a raincoat on stepped from the car and told him (Carrigg) to accompany him and that he would not hurt him. Objections Overruled Objections of Dearth counsel to questions as to what the officer had told the boys were overruled. The boy then told of being (akeri to the courthouse whero he and other boys were lined up in twos and marched into the courtroom. McKesson introduced a note written by Captain Ertel of the police force to the boy's father in which he told the parent that it was not boy’s fault that he was not bringing money home for the papers he had purchased, because they had been taken from him on the court's order. Senator Edward O’Rourke, Ft. Wayne, the youth and showed that Dearth is alleged to have taken about one-half of the forty-six papers confiscated, and that he did not ask for permission to take them or pay for them. A note of comedy was injected by 10-year-old Robert Badders. Robert, whose feet dangled several inches from the floor as he perched on the edge of the witness chair, told how he got his papers on that Sat-

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urday, Feb. 19, and proceeded to the police station to sell them. Shortly he was among those present at the courthouse, accompanied by Officer Pittenger and lmd fourteen papers taken from him. Judge Dearth, the sheriff and “a light-headed guy” was officiating at this ceremony, uccordlng to Robert. When asked by McKesson who the "guy” was, he said: "Ask Judge Dearth, lie ought to know." Fifteen-year-old Verne Lykens testified that he lost twelve papers through the Dearth method and was not cross-examined.

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