Indianapolis Times, Indianapolis, Marion County, 16 December 1938 — Page 19

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SPECIAL JUDGE TODECIDEBAKER GASE NEXT WEEK

| Spencer to > Study ‘Coercion’ Charge in Primary ois Inquiry.

The qu stion of whether Crifiinal Court | Judge Frank P. Baker “unlawfully influenced” the Grand - Jury in| returning indictments|___ against 92 primary election workers, is to be decided next week by Spe cial Judge John W. Spencer Jr., Rvanshl] Judge Erence: took the delete plea in abatement under advise-

AY, DEC. 16, 1938

ment (after hearing testimony and

yesterday.

The only witness was Ellis Carroll,

2939 Broadway, foreman. of the Grand Jury which returned the in-| dictments charging election frauds after three months’ investigation. _ He testified under questioning of defense attorneys, that Judge Baker

advised him on the laws and other §

madtters in connection with the election probe privately before indictFenty were voted upon last Septem-. ET. ‘Mysterious Call’ Mentioned “Judge. Baker advised me that all’ members of precinct election boards should be indicted if discrepancies were found in the precinct in which | they worked on election day and he

talked about evidence of a mysteri-|[{

ous telephone call the night of the, Primary election,” Mr. Carroll tes-| tified, | He said he gave other members of! the Grand Jury the information ob-! tained from Judge Baker. > Walter Myers, a defense SHiorneY,

election investigation from June 1 until late in September when the | indictments were returned. “Judge Baker has invaded the

province of the Grand Jury by his | [ass

inflammatory statements,” Mr, . Myers said. “He attempted to serve both as a judge and a prosecutor by attempting to appoint his own prosecutors. Charges Partiality “One of Judge Baker’s statements: to the Grand Jury about alleged! election irregularities mentioned one of the present defendants by name in connection with alleged

tion can be construed as unlawfully influencing a Grand Jury. “I don’t think Grand Jurors are influenced by judges’ statements or stories| in newspapers,” he said. Judge Spencer said he was ‘“considerably concerned about a judge's right to confer with a foreman of}! a Grand Jury on matters under investigation. This was taken by defense attorneys| as a hint that Judge Spencerr may sustain the plea in abatement. If the plea is sustained, the indictments against the 92 election workers ‘would be “thrown out of court,” it was said. This would mean that @ new Grand Jury would have to reinvestigate the ballots all -over again [if any further action should be taken in the election cases. Judge Baker would not comment on the testimony.

Ci STORE OPEN

REPORT URGES IMPROVEMENT INGOUNTY JAL

State Welfare Jiare Department Recommends Showers, More Facilities.

Additional facilities for housing male prisoners and installation of showers in male cell blocks were

recommended today for the Marion County Jail in a report by the State Welfare Department. The report said that County Commissioners had been interviewed and had promised to carry out some of the recommencations, including the installation of showers. . The reconmendation pointed out that the population of the jail invariably increases during winter months. It! also pointed out that on the day of inspection 11 insane ersons Were housed in the jail, a

1p practice that has been criticized by|s

psychiatrists. The report also recommended that the ventilation be improved in the women's cell block and the Negro men’s ‘cell block, that the in-

terior woodwork be repainted, and that the building be equipped with

PAGE 19

new gutters and ‘the roof be repaired The jail building was built in 1892 and “appears to be in good condition, is fire-resisting and is believed by the inspector to be secure for the safe custody of prisoners,” the report continued. .. “No. doubt adequate space was provided to serve the needs of Marion County at the time it was built, but through a steady increase | in population over a period of 40 years it is now found that insuffi- | cient space is provided, ” the report

said. It sid that the “general sanitary conditions at the jail are fair,” but said that shower baths are “an outstanding need.” General sanitary conditions could be much improved if it were equipped with a receiving room, a bath, a room for fumigating

prisoners’ clo , and a room for the examination fe prisoners upon their admission to jail. “The only employment offered here is caring for the jail and assisting the chef in preparing the meals and washing the dishes,” the report read.

| “However, school is held two hours

a day except Sunday, which offers

—MAIN SPRINGS on =CROWNS =STEMS, ETC.

makers

To keep our waiohe B Rave 52 ous bys ces h

training and rehabilitation to prisoners. ) : “The kitchen, w is managed by an experienced chef, was found to

be clean and in a sanitary condition on the date of inspection. Food, as reported by prisoners, is adequate

and well prepared. An excellent meal

out PRICE Watch REPAIRING

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was served the day of inspection and the food was well prepared. The Federal doctor comes daily te the jail and the : county doctor calls every other day.

“The general appearance of oo a prisoners on the flay | of inspection

was good.”

: 7 OF TH : L

1 BRE)

FLORIDA ORANGES

Large Size

MIXED NUTS

Lm Special

17z¢

|

CHINAWARE,

Cups and il Plain and Decorated 2-5¢

29¢ Relish Dish

Chrome Plated

10¢

59¢ MEN’S Shave Sets

3 Pcs., Gift Boxed

39%¢

HAND PAINTED COOKIE JARS

Heavy Earthenware

49¢c

GREETING CARDS

Boxed

21 9c

42x36 Hem. Pillowcases

Good Quality

0 2-19¢

81x90 SEAMLESS SHEETS

Snow White Bleached

b5¢c

re Lace Panels

Assorted Weaves

59¢

i

5-Lb. Box Assorted.

Cream

chewy centers.

Attrac

gift boxed.

Peanut Hard Mi Asst. Ch

CHOCOLATES

and

tively b 4 BR . Brittle____Ib., 10¢ ocolates_lb., 121/70

DAS SAE7)Y Christmas Boxed p Asst. Chocolates

Assorted fl

: I: SERRA RE RR RRA } He Told Santa

discrepancies in.one precinct. I

“In effect Judge Baker was de-| HAaring something false and he] never heard a bit of evideiice on it. | He made a finding that was sort of

a conviction and it sounded like it 2 g

was against a certain group and not an’ impartial investigation that a judge is expected to uphold.” Mr. Myers described Judge Bak- |

er’s remarks to the Grand Jury) 8 : about = deputy prosecutor as mean- 2 By

ing that: “There’s a man I want you to get.”

“Judge Baker practically tried to!

convict that man before any evi- | :

dence was submitted to the Grand | Jury; ” Mr. Myers said. Oscar - Hagemeier, chief deputy prosecutor, described the defense argument “rather far-fetched.” “It is the duty of the court to in-

struct the Grand Jury on law viola- a

‘tions and I don’t believe that ac-|

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