Indianapolis Times, Volume 38, Number 301, Indianapolis, Marion County, 25 March 1927 — Page 18

PAGE 18

PICKING OF JURY LISTS FOR HANCE TRIALDESCRIBED Testimony of Prosecutors Features Dearth Hearing Thursday. Thursday the Delaware County prosecutor’s office had an opportunity to air grievances regarding the conduct of the Dearth court at Muncie and made the most of it. Prosecutor Joe H. Davis and his assistant. Deputy Prosecutor Paul S. Brady, took most of the time ot the Indiana Senate as witnesses for the State in the impeachment of Judge Clarence W. Dearth of the Delaware Circuit Court. Their statements regarding jury irregularities were damaging to the defense. Other witnesses included Lemuel A. Dawson, former jury commissioner pro tern, in the Dearth court, and Court Clerk Perry W. l\iansfleld. Dawson started out as a State witness and wound up as witness for the defense. His transfer was effected following a recess of the court, during which time he spent in conference with Judge Dearth and Defense Attorney Van Ogle, former prosecutor in the Dearth court. At last Dawson was banished from further testimony by vote of the Senators. Dawson told of the selection of a jury to try “One-Arm” Wolfe, ac-

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cused of the murder of Ben Hance and his wife. Wolfe was found guilty in Dearth’s court of having murdered Ben Hance and his wife on a country road near Muncie. The Hances had been accused of betraying Gerald Chapman, bandit king, since executed, to the Muncie police. Wolfe is alleged to have been a friend of Chapman. Dawson, an automobile dealer of Muncie, told the court that he had known Dearth for more than thirty years and had always been on friendly terms with him. He was called to serve as jury commissioner pro tern., he stated, to take the place of John C. Hampton, now mayor of Muncie, in the latter's absence. Describes Jury Drawing Asked to describe how he had drawn juries Dawson explained that his first assignment from the court was drawing a special venire of 50 to try Wolfe, and said: “For the first fifty we (Jake Cavanaugh and D. went to the office of the County Treasurer and looked at the tax duplicates. We selected four or five names and Cavanaugh said, ‘Let's go’ and I went with him. We went into the stenographer’s room to get the names typed. Cavanaugh said ‘l’ve got some names here that we can use.’ “When lie said that we used his names and I didn’t get any of the names I had drawn on that panel.” In and Out Box The witness then described how all the names were typed on slips of paper and their journey to the office of the clerk of the court. “The box was empty when we put the names into it and as soon as we did that we again drew them out,” Dawson explained. Cavanaugh read the names off the slips which they had prepared but a few moments before according to Dawson and he put them down on a piece of paper. Curiosity seems to have gotten the best of Dawson because he testified that he “couldn't understand why we had to put the names in the box if we were going to draw them right out again and

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I asked Jake (Cavanaugh, present jury commissioner), why and he told me ‘any other way would be illegal.” Ilis Name on List Ordered to secure another special venire of fifty, Dawson stated that “this time f got eighteen or twenty of my names on the list.” The first indication of sentiment on the part of the Senators came when Attorney Moses B. Lairy, for the defense, insisted that Dawson, who had been recalled as a defense witness, be permitted to answer regarding the character of some of the jurors drawn. The prosecution objected vigorously and the question as to sustaining the prosecution objection was put to a standing vote. The defense was overruled by a vote of 26 to 20. Among the Senators voting to permit the witness to answer, which was the request of the defense, were Senators Evans, Quillin and Clancy of Indianapolis. By their vote the Senators ended a long harangue and halted the questioning. Clerk Is Witness Perry W. Mansfield, clerk of the court of Delaware County, was the next and last witness of the day. He

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THE INDIANAPOLIS TIMES

Identified many of the records placed in the record. Deputy Prosecutor Brady, a State witness earlier in the afternoon, took lots of time to answer the questions put to him. He was alert in his thinking, however, and came off best in several verbal encounters with Frederick Van Nuys, chief counsel for the defense. In a slow drawling tone, with his thumbs carelessly Stuck In his vest the youth, hardly out of his twenties, “told of how things are run in the Dearth court” ... He brought many laughs from the Senators with his witty sallies as he bested the veteran questioner time after time. He seemed to know every one that ever served on a jury in Muncie. He pointed out that this one was a relative of the superintendent of the poor farm and that the other was the wife of a grocery keeper from whom the poor farm bought supplies and that all were political friends of Dearth. Closely questioned by the defense attorneys regarding jurors that he thought were “not so good,” Brady finally named Walter Rothils. No Democrats Called “Did you think he wasn't so good because he was a Democrat?” Van Nuys inquired. "No, I never knew that the com-

mlssioners drew any Democrats," Brady drawled. He told of how Mamie Wright served on the jury, three times and each time under a slightly different name. She was Mamie, Mayme and Mrs. Frank Wright, while on the tax duplicate It was given as Marie. He denied that the controversy In the Dearth court is a fight between two organizations. EfTorts of the defense were bent toward showing that “good people” landed on Dearth juries, although Van Nuys admitted that there were irregularities in their drawing. “Crooked juries” drawn for jury

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service by. "crooked commissioners” was the trend of the testimony given by Prosecutor Joe H. Davis who was recalled to the stand after the Senate reconvened at 2:10 p. m. Several Senators quizzed Davis after his examination and cross-ex-amination had been completed. Asked why he had not filed affidavits when the grand jury was in session, Davis told the court that he did not “think that it would do any good.”

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MARCH

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