Indianapolis Times, Volume 39, Number 178, Indianapolis, Marion County, 3 December 1927 — Page 3

DEC. 3, 1927-

JACKSON LOSES PLEA TO QUASH BRIBEGHARGES Indictment Is Sufficient to Bring Three to Trial, Judge Rules. (Jackion Ruling Story on Pace One) Special Judge Oscar H. Montgomery based his decision overruling motion of Governor Jackson, Republican County Chairman George V, Coffin and Attorney Robert I. Marsh to quash the indictment charging them with conspiracy to bribe on these three points: 1. Sufficiency of the indictment, .which, he held, informed the defendants adequately of the nature of the offense wjth which they are charged. 2. Date set out in the indictment as to when bribe was alleged to have been offered was plainly incorrect, but immaterial because it was not the essence of the offense. 3. Statute of limitations was set aside by concealment of the alleged offense, concealment being effected by threat of power held by the KuKlux Klan.

Refers to Statutes Speaking loudly so that his voice could be heard to the rear of the crowded court-room he read from the statutes definitions of conspiracy to bribe a public officer, as charged in the indictment. He reviewed at length the charges contained in the indictment and referred to the defendants’ motion to quash on the grounds that “(1) the facts stated do not constitutes' a public offense, and (2) the offens/j is not stated with sufficient certainty." Referring to Clause 5 of Section 2224, Bums’ Statutes 1926, providing “that an indictment will be 'sufficient if the offense charged is stated with such a degree of certainly that the court may pronounce ji/dgment upon a conviction according to the right of the case,” Judge Montgomery said: “This indictment in charging the offense meets all these requirements and fully and fairly apprises the defendants of the natuve and character of the charge against them and so as to enable tb.em to prepare their defense.” Date Called Erroneous

He dwelt at considerable length on the defendants’ contention that the date of the alleged offense was material and made essential If the statute of limitations is to be tolled. From the fact that Remy was appointed prosecutor Dec. 8, 1923, and assumed his duties Dec. 10, 1923, five (Jays before the date of the alleged offense as set out in the indictment, Judge Montgomery declared •“it is manifest from the allegations above shown that the date given in the indictment is erroneous and the State may prove the true date upon the trial.” “The indictment” he read, “in this case charges that the alleged offense was committed on Dec. 15, 1923, but the indictment was not returned nor any prosecution begun until Sept. ?0, 1927, and it would be clear that the prosecution was barred and the indictment must be quashed, unless it contains allegations which bring it within some exceptions to the general rule of limitations.” Explains Limitation Statute This statute requires that prosecution of all criminal offenses except treason, murder, arson and kidnaping, must ordinarily be brought within two years or be forever barred. “Section 2053 Bums Statutes 1926” he read, “provides: “If any person who has committed an offense, thereafter is absent from the State, or so conceals himself that process cannot be served upon him, or conceals the fact that the offense has been committed, the time of absence or concealment is not to be included in computing the period of limitation.” He returned to that part of the indictment which set out that the alleged conspirators could obtain McCray’s conviction or acquittal, because of the great influence of the Ku-Klux Klan in Indiana and their influence in its membership. Cites Times Story This, the indictment declared, sealed McCray’s lips and resulted in concealment of the alleged offer until "publication of such fact was made in the Indianapolis Times on July 25, 1927.” Montgomery denied defense counsel’s contention that the statute of limitations, once set running, could not be stopped and that at the expiration of two years from Dec. 8, 1923, right of prosecution ceased, citing the case of Ulmer vs. State, 14 Ind., 52, 57. He likewise denied the defendant’* contention that concealment was impossible because McCray, a State officer, knew about the alleged offer.

SUES FOR SON’S DEATH City Beach Closed When Youth Drowned, Park Head Says. Lorenzo Kirk, 1901 Mansfield Ave., has filed, suit in Superior Court Five seeking SIO,OOO damages from the city for the death of his son, Egbert, 14, drowned July 15, at McClure Beach, Twenty-Sixth St. and White River. There were no lifeguards at the beach, the suit stated, in charging negligence on the part of the city. / R. Walter Jarvis, park superintendent, said the beach officially was closed at the time on order of the health board, because sewage had contaminated the river.

Car(e)less Bu United Press HYANNIS, Mass., Dec. 2. The automobile license of G. A. Reavis, driving instructor, has been suspended, police declaring him an improper person to drive a car. l

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