Indianapolis Times, Volume 38, Number 300, Indianapolis, Marion County, 24 March 1927 — Page 3

MARCH 24,1927

WITNESSES TELL , OE JURY TANGLE IN MUNCiE COURT prospective Members Called by Phone, Deputy Sheriff Says. Jury lists identified as being in the hand writing of Judge Clarence \V. Dearth of the Delaware Circuit Court; women jurors in a liquor case, all of whom were members of the %7r and, u. and the Anti-Saloon League; jurors summoned by telephone with approval of Dearth, who stated it was legal according to advices of Anti-Saloon League Attorney E. A. Miles and a map showing the twenty-foot lot the judge deeded his jury commissioner, Jacob Cavanaugh, making him a freeholder, were the highlights of the testimony in the Dearth impeachment case in the Indiana Senate Wednesday afternoon. Deputy Sheriff Thomas Enloe was the principal witness to these facts. His testimony was offered by the State to prove that Dearth illegally controlled selection of jury members. Questioned by Representative Harrison, Enloe told of summoning numerous jurors over the phone from lists in the sheriff’s office and also of taking names out of the telephone directory. The lists consisted mostk ly of women, he testified. I “How many such name lists was there in the office?” Harrison asked. “Twelve or fourteen,” said Enloe. Two other deputies made calls also, he said. He then testified that he asked Judge Dearth while on the bench regarding the advlsibility of phoning for jurors. "It’s all right,” the judge said. Mr. Miles of the Anti-saloon League told me that it was legal,” Enloe explained. Ordered Some He also testified that Dearth ordered he and Clark to summon Wilbur Norris and Roe Dorton as jurors, and that he heard the judge tell the sheriff to always send Clark cut with the summons. Clark was fired from the sheriff’s force a week or two ago, he declared. The jury lists and other testimony was regarding facts that occurred in 1926. None have been phoned for lately, according to Enloe. Telephone for Jurors Enloe told the senators that the jury list system of summoning by telephone was in use for only about three months after he came on the force in January, 1926. Asked by Senator Carl M. Gray (Deni.), Petersburg, why a change was made he said: “Well, we quit using the lists when we realized what was going on.” It developed through later questioning by Senator Anderson Ketchum (Dem.), Greensburg, that realkization came when they found that MI of the women called for the jury in a liquor case belonged to the W. C. T. U., and the Anti-Saloon League. W. C. T. U.’s Prominent “Attorney Thomas Miller was defending in the liquor case and when he asked if any of the twelve of fifteen women drawn for the jury belonged to the Womens’ Christian Temperance Union of the AntiSaloon League they all admitted that they did,” Enloe explained. “Miller was angry and it really didn't look just right'to me either.” “Hew soon after this event did you discontinue to use the jury list?” he was asked. “Immediately,” came the prompt reply. After that the judge “bawled us out” several times because he didn’t approve of the jurors being brought in under the new system, Enloe continued. The system, he explained, was to go down and summon persons off the street for the petit jury. Complaint was general and not direct at any particular juror, he declared. “Did the judge seem to favor any particular law?” Ketchum inquired. “Well, no, but he did seem to be

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greatly interested in enforcing the liquor law,” came the reply. Senators Question Senator Russell B. Harrison (Rep.), Indianapolis, tried to establish whether or not Miller had complained regarding the juries, but Enloe declared that he had not complained to him. Senator William T. Quillin (Rep.), Indianapolis, called attention to the rules governing questioning and declared that Senators were to write out questions to be put. Gray objected to this and said that was only to apply to those to be put tllrough the Board of Managers and did not apply to questions asked directly by the Senators. Lieutenant Governor F. Harold Van Orman sustained the Gray objection, but urged the Senators to use “intellectuality” in their interrogation. Gray then quizzed Enloe as to how all the women got on that liquor case jury and was told that Deputy Sheriff Clark brought them in. He established that women were also used in other criminal cases and at least two civil cases of which the witness had knowledge. Representative William Henry Harrison then introduced the jury lists in exhibit and after objections of defense attorneys were over-ruled by Van Orman they were accepted. These were the lists used for drawing jurors in the Sheriff’s office. Didn’t Like Juror On cross-examination by Attorney Frederick Van Nuys, chief defense counsel, it was brought out that Dearth’s objection to jurors was particularly applied to one Auguest Wilhelm, whom Van Nuys charged had been tried for liquor violation. The attorney appeared to have knowledge that a hung jury resulted in a liquor case by a vote of eleven to one for conviction and that Wilhelm was the holdout. Enloe said he knew nothing about the matter. Senator Harrison brought a smile to the senatorial faces by asking the witness if milage fees were charged

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on the serving of telephone summons. Introduce Statutes Over objections of defense counsel, Representative Delph L. McKesson introduced a volume of 1926 statutes, citing sections applying to the impeachment case. “This would be an unprecedented procedure,” Defense Counsel Moses B. Lairy contended. “We are trying the facts, not the law.” McKesson declared that precedent could not very well be followed, as there had not been a case "of this kind in since 1835. Records of the Delaware County recorder were then introduced, showing the transfer of the twenty-foot lot from Dearth to his jury commissioner, Jacob Cavanaugh. Not a Freeholder Mrs. Mary Grimm, Selma, took the stand and told of serving on the jury for a week in 1925 and again in 1926. She was dismissed the last time because she was not a freeholder. she declared. Attorney John J. O’Neil, defense counsel for Sheriff Harry McAuley in the impeachment case, took the stand and told of the conduct of that affair. He said that Deputy Enloe had shown him the jury lists in use and that was to have been a big factor in the defense. He never got to use this evidence for the case was dismissed upon motion of Prosecutor Van Ogle and Deputy Prosecutor Wilbur Ryman one afternoon at five o’clock. Special Judge Clarence E. Benadum, friend of Dearth, was on the bench and the defense counsel was not even notified he testified, “First I knew that that Impeachment charges had been dropped was when a reporter told me about 5:15 p. m.,” he said. John Watson, former Muncle city engineer, Identified a map showing the lot on one corner of a larger property owned by Dearth and testified the part deeded to Cavanaugh worth 30 cents. The lot was deeded to Cavanaugh in December, 1922, after he had

THE INDIANAPOLIS TIMES

been appointed jury commissioner in November. The State contends that Dearth gave the property to Cavanaugh after the appointment, because, according to law. a jury commissioner must be a property holder. In Negro District The lot is located in Whltely, Muncie Negro district. Frederick Van Nuys, Dearth’s attorney, who admitted in his opening statement the land deal with Cavanaugh, offered what b® said was a carbon copy of the deed in order to save the State the task of proving the deed. It developed that the deed was not completed in that it only described two of the four sides of the square. Proceedings were interrupted In order to send for the county recorder with the original records. White Recalled Upon assembling far the afternoon session, Senator Carl M. Gray (Dem.), Petersburg, asked that Court Reporter Charles White be returned to the stand for an omitted question. ‘White on Wednesday told how he had reported proceedings in the grand jury, which the law says should be kept secret, to Dearth. The following questions were asked by Gray: Q. Did you subscribe to an oath not to reveal anything that transpired in the jury room when you as court reporter were called into take notes before the grand jury ? A. Yes, except to a court of competent jurisdiction. Q. Did you afterwards reveal what transpired to the court? A. Yes, to Judge Dearth. Q. Were you at that time called as a witness in a criminal case? A. No. Q. Was the judge then trying a case? A. Not a case in which the things I talked of entered. White then related that he talked of the jury proceedings to Judge Dearth at various times, while the judge was on the bench, in chain-

bers and in the reporter’s office at the courthouse, and said he did not know he was violating his oath' of secrecy and that his revelations were made on request of Dearth. An alleged admission by Dearth that juries in his court were selected for their ability to convict was narrated by Harry O. Lanning, principal of the Emerson Public School of Muncie. Lanning told of attending a "gettogether political” meeting at the home of one Ivan Dorman, of Muncie, for the purpose of “boosting” the candidacy of John C. Hampton as mayor. Hampton at that time being Dearth's jury commissioner. Hand-Picked Lanning’s direct statement follows: “After the formal part of the meeting was over In the presence of Judge Dearth and as we were preparing to leave we talked about various matters. The jury question was brought up incidentally. I am not sure but what the judge brought it up himself. The judge said as near as I can quote his exact words, 'There have been reports that juries in Delaware County have been handpicked. We will say that that is true,’ and turning to Hampton who was later elected and is now Mayor, Dearth said, ‘Won’t we, John?' and Hampton said, ‘l’ll say we will. Lanning’s cross-examination by Van Nuys, counsel for Dearth was brief and emphasized the fact that the remark might have been made for the purpose of impressing those present that it was for the good of tho community that juries were being “hand picked." Glycerine, which Is a by-product of soap manufacturer, never freezes.

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Ship Afire 9 Days Nears Destruction Bv United Press ASTORIA, Ore., March 24. Flames which have raged in the hold of the British steamer Belcher since March 15, today threatened to destroy the ship, anchored in the Columbia River. Fire was discovered in the hold of the Belcher, loaded with steel rails, logs and lumber, last week shortly after she left Nanlmo, B. C. A thrilling race followed, with the engineers putting on all speed while sailors battled with the flames. When the vessel finally anchored near Astoria last night, she was completely enveloped in flames and smoke. A barge, alongside, was pumping water into her hulk. Two explosions, which blew off the cargo hatch and lifted part of the deckload of timber, allowed the fire to get out of control. Capt. S. Fitzgerald and his crew of twenty-seven were safe. They prepared to abandon the freighter. DELTA TAU’S WIN PRIZE Their Stunt Best at Butler Event: Sigma Chi’s Second. “Yesterdays,” the act of the Delta Tau Delta fraternity, presented Wednesday afternoon and evening at Butler University in Geneva Stunt day, sponsored by the University Y. M. C. A., was awarded first prize by the judges. Second place was won by the Sigma Chi fraternity which presented “The Big Circus.” Sigma Nu won third with ’’Bluebeard’s Seven Wives.” Sunt day is observed annually to raise money to send Butler delegates

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to the summer Y. M. C. A. conference at Geneva, Wls. ROTHROCK REAPPOINTED David A. Ilothrock of Bloomington, dean of Indiana University, was reappointed a member of the State con-

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