Indianapolis Times, Volume 38, Number 306, Indianapolis, Marion County, 31 March 1927 — Page 3

MARCH 31, 1927

iIUNCIE LEADERS ' SAY REPUTATION OF DEARTH‘BAD’ Investigator Said Court ‘Stinks to High Heavens/ Minister States. Prosecution closed its testimony on impeachment charges against Judge Clarence W. Dearth of the Delaware Circuit Court before the Indiana Senate Wednesday afternoon, with testimony delivered earlier by defense character witnesses. Prominent Muncie ministers, Sunday school leaders, merchants and professional men mounted the stand to declare that the judge's reputation for honesty and integrity was “bad.” The list included Revs. Myron W. Butler, pastor of the First Christian Church and president of the Muncie Ministerial Association; Edgar F. Daugherty, pastor of the Jackson Street Christian Church; John W. Nicely, pastor of the First Presbyterian Church: Dr. F. L. Botkin; F. E. Fautz, merchant and president l of the Center Township Sunday School Association; George Wagner, thirty-third degree Mason and manager of the Muncie Masonic Temple; Alonzo Leon, Peoples’ Trust Company director; Clinton Goodspeed, secretary of the Farmers’ Mutual Insurance Company; Frank Ross, a retired farmer, and Ray West, machinist at Ball Brothers plant. All testified that the judge’s reputation for honesty and integrity was “bad.” Efforts of defense counsel to stem the testimony tide, let loose by questioning of Senator Bruce E. Cooper (Rep.), Stewartsville, known ns a Klan hold-over, proved futile. Cooper had intended to come to the defense of thetjudgo by asking Rev. Nicely if it wasn’t “hearsay evidence” upon which he based his estimation of Dearth. ♦ First Hand Information “I have first hand information,” Nicely replied. “I should be glad

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Riggs and Orchestra on Times Program

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Starting at 9 o'clock on Friday night over WFBM from the studio at the Severin, H. R. Riggs and his well known dance orchestra will be on the Times program.

of the opportunity to tell what I know.” Permission was granted and the minister launched into a diatribe against Dearth that set the Senators ears atingle. He told of how four investigators from the Institute of Social and Religious Research of Chicago, spent weeks in Muncie unearthing facts. Muncie was chosen for the experiment as a typical midwestern city of its size. “Rev. Robert Lynd, New York City, graduate of Princeton, and the Union Theological Seminary, was one of those investigators,” Rev. Nicely related. “He told me before he left the city that the Dearth court is so rotten it stinks to the high heavens.” Cooper again contended that this was “hearsay,” so the minister continued. He told of how Dearth called the Muncie ministers together and after citing about one hundred cases of law violations declared he wanted their co-operation in launching, a effean-up. Judge Against Clean-up “I was willing to take part and gave the judge about twenty names of my parishioners who would volunteer,” Rev. Nicely declared. “Some months elapsed and nothing was done. A second meeting was called at the Presbyterian parish house. It was there that Rev. William Graham Everson, pastor of the First Baptist Church, told me that he had no faith in Dearth. The judge appeared and told us that Sheriff McAuley was all right now hnd that Muncie was in good condition and a clean-up wasn’t needed. “Judge Dearth has no judicial poise. He wavers. That is one of the reasons I doubt his honesty and integrity as a judge.” Chief Defense Counsel Frederick Van Nuys asked if Prosecutor Joe Davis of Delaware County was a member of Nicely’s church. The pastor declared that he was and that Van Ogle of defense counsel and Attorney Wilbur Ryman, friend of Dearth, also belonged. “Did you ever take the matter of a clean-up up with Davis?” Van Nuys asked. "He is now making an honest effort in this matter,” came the reply. Dearth on leaving the witness stand at noon had blambd his impeachment on Davis, Editor George Dale of the Muncie Post-Democrat and Attorney Thomas Miller. He contended that “all the good Christians and good citizens are for me

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11. R. Riggs and His Orchestra

The orchestra consists of Louis H. Griffard, trumpet; Robert Hood first saxophone; John C. Jackson, second saxophone; Harry Riggs, banjo; Walter Reinecke, drums;

and the bootleggers and disgruntled politicians against me.” When the State asked rebuttal witnesses whether or not this was so, defense objected. Senators voted 26 to 14 to permit the question to be answered and all of the witnesses declared that such was not the case. Rev. Butler’s experience with Dearth, upon which he based the claim that the judge’s honesty and integrity was “bad” came through his appointment to the Muncie board of charities. Among the duties of that body was to inspect the poor farm presided over by Superitendent Shroyer, whose relatives were among those whp serve on Dearth juries, according to former testimony. The board heard of poor persons

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THE INDIANAPOLIS TIMES

Charles Loche, trombone and H. R. Riggs, piano and manager. Riggs lias prepared a program which will include some of the hottest dance tunes of the day.

being turned out to wander on the streets of Muncie penniless and of a janitor at the place attacking an inmate, the Rev. Butler said. They went to investigate. They couldn't get in at a side door and were told to “go around in

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front.” As they did so they met “Billy” Williams, postmaster and Republican boss of Muncie, emerging. Shroyer was irate and would not let them in, charging it was a “Democratic political plot.” The First Christian Church pastor is no longer on the board and he declared that the judge went down to the Muncie Star at 11 o’clock that night and got them to insert what he considered a “libelous” story regarding the incident. On cross-examination / by the de-' sense he denied that he was offended regarding his dismissal from the board and again told of hftw, when Dearth offered him the place originally, he told the judge that he was already over-burdened with duties. “Are the good people of Muncie back of Judge Dearth?” was the question whioh Senator Howard A. Cann (Rep.), Frankfort, asked Rev. Daugherty, after that pastor had declared the judge’s honesty and integrity “bad.” '*• "They are back of him to get him off the bench,” Daugherty declared. “Arc the bootleggers against him?” “I do not know the attitude of bootleggers, I do not associate with them.” Rev. Daugherty admitted To defense questioning that Attorney Francis Shaw was a member of his church and that he had sent a telegram to Governor Jackson asking that Shaw be appointed judge. He denied that he knew anything of- a general movement for such appointment, or that a delegation had waited on the Governor for it. “I never talked to Mr. Shaw regarding the matter,” lie testified. I Flu-colds Check at first sneeze. Rub on—inhale vapors VICKS | Ovmr 2.1 MM

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As other character witnesses took the stand against Dearth the defense attempted to prove that they had been reading the Muncie Post-Demo-cat and were thus poisoned against the judge. The judge is charged with suppression of an issue of this paper and of jury irregularities. Many of the witnesses stated that they belonged to the Muncie Municipal League and that it is “nonpartisan organization for defense of the taxpayers.” Shaw is counsel for the league. Dearth left the stand shortly after the session resumed at noon. He was followed by several defense character witnesses who testified to his honesty and integrity. The rebuttal offensive was launched after a short recess. Among witnesses were Attorney Will J. White, father of Dearth’s court reporter and the judge often appointed to the bench, and Frank J. Ball, millionaire Muncie manufacturer. Reporter L. J. Parkinson of the Muncie Star was called to tell of his informing Attorney Van Ogle that J. Glenn Harris, chairman, sent an invitation to the judge or his attorneys to appear before Judiciary A committee of the House and offer any evidence against impeachment. They did not take advantage of the opportunity. Last witness of the day was

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