Indianapolis Times, Indianapolis, Marion County, 26 March 1937 — Page 7
~~ SUPREME COURT
A
8.
PAGE 6
THE INDIANAPOLIS TIMES
FRIDAY, MARCH 26, 1937
BARS COX FROM CANCILLA CASE
tate Tribunal Gives Him Until March 31 to File Answer.
(Continued from Page One)
rary restraining order permanent. Judge Cox, wnen served win writ, said pat action ‘1 did 1
il Hale
Baker
Supreme belongs constitutional, the I'L can appoint Judges. with me.” 1} chief I'K, indicated there
the
deputy would speclal the Supreme the hearing Renewed
Legal Moves
| and { to Indianapolis
cases of Peter A. Cancilla and Joel A. Baker with Prosecutor Herbert Spencer and Deputy Prosecutor Oscar W. Hagemier, Thursday. “At that time. I informed them that it was necessary for me to leave Indianapolis next Monday to accompany the Hon. Paul V. McNutt to the Philippine Islands. The High Commissioner has 1mpressed upon me the importance of mv making the trip with him “The decision which I had to make was whether or not to remain in Indianapolis and give up the opportunity of a position offered me in the Philippine Islands or to with the High Commissioner party ana plan to return for the trial if needed My decision is to accomyanv High Commissioner McNutt he sails for his new post of
leave
his
hen he uty “In discussing the case with the secutor and his deputy, I stated my willingness to return to Indianapolis on the China Clipper for the t evidence is needed by the prosecution. I had hoped that inasmuch as an early trial had been asked for that the trial could be held before it was necessary for me to leave, “Delays have occurred and at the present moment there is some uncertainty as to when a trial date can be fixed. For that reason I feel that it is proper for me to accept the appointment with the High Commissioner in the Philippine Islands and go there to assume my duties. “I am also prompied to make this decision because of obligations I feel
vial 11 1\ rial, 1 my
2 Mr. Spencer's request with the
temp
Joel
Judge
Ww clad raign b meg
uled
Commissioner
it we sail April Pr said trial CAS three
med the placed under double
with him
l Spencer . towa Lom Orime-
Baker, Tt I
three per
would be
sons m Coy namead how | Cancilla, charg- » Jaw was unconstitutional. d a temporary from Judge Cox, Clerk Glenn Ral
CISCO
tion restraining ‘ed b preventing ston from Clerk.
‘me Court
prior
Mr
Islands if he
cussed about qesire to accompany me.
rd my family.”
McNutt's Statement
MeNutt's statement: 1S imperative that Mv, wWavne l me from San FranApril 3 for the Philippine is to accept the posito which he has been appointv President Roosevelt. I disthis position with Mr. Coy Feb. 20 and he indicated his This was to the attack on him March 1
sal witn
Monday, Prosecutor Spencer | by Peter A. Cancilla
blocked arraignment of W and Cancilla before; I
Nye 31 rari
Baker
know of Mr. Coyv's desire to see
Baker with a Supreme Court of prohibition. The Prosecutor aefendants might be jeopardy if a ed before one judge and » another. A hearing on mak-
ermanent 1s Sc.
tried
for Monday McNutt said today Ss yrative”’ that My. Coy from San Francisco the islands. osecutor Herbert M. Spencer it was “unfortunate” that the was delayed but predicted the ould be heard within the next months, Coy's statement: iscussed the prosecution of the
3 for |
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SUPERVISED LR
his assailant brought to trial. Unfortunately, the delays which have been encountered in bringing the case to trial have made it necessary for Mr. Ooy to make a decision as to whether or not he will remain in Indianapolis for the trial and give up his position in the Philippine Islands or accept the position and sail with me April 3, possibly returnmeg by the China Clipper for the trial if and when it is held. Justified
“The situation in the Philippine Islands is such that I must reach my post of duty as soon as possible and that IT must have a complete staff. An Acting High Commissioner has been in charge since the Hon. Frank Murphy left there several months ago. I do not wish to undertake my new work without the aid of trusted and Joyal assistants. Personally, I feel that Mr. Coy is justified in making the decision to go to the Philippine Islands now. “The loss of their voung son the middle of February was quite a shock. This, together with the injuries received by Mr. Coy as a result of the ruthless and wunwar- | ranted attack by Cancilla, has
caused the Coys a great deal of mental anguish. If Mr. Coy should
Feels Decision
have to remain in Indianapolis for | the trial with all of the uncertain-
ties surrounding it, he and his family would continue their suffering. It is my opinion that he has already made a heavy sacriice for his devotion to duty.”
DIES IN HOTEL ROOM Nick Gust, 52, died today in his room in a downtown hotel. Dr. Norman Booher, deputy coroner, said
haert disease was the cause.
23
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