Indianapolis Times, Indianapolis, Marion County, 8 June 1952 — Page 16

“UL inals,

_PAGE 16

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{LeRoy : A After In a matter of days, they will twalk out to almost certain freetdom ‘from a murder they had adImitted and for which they were sentenced to ife. % Their release will be no mere !parpie. . They are being freed by {time and the desire of Indiana's highest judges to lean over back‘ward in protecting an individuals teonstitutional Figiits, even though "he be guilty as & he - and Carroll won their walk out of state prison when the Supreme Court decided last week their 1933 trial erred in important technicalities. In so doing, the Supreme Court reversed its own rulings, first made 10 years ago, that prisoners cannot win new ++i) unless they press for it within 4 reasonable time after conviction. The decision is important to others besides Lindsey and Car-

roll Precedent

The state of Indiana, through the office of Attorney General 1. Bmmett McManamon, calls it important because it may permit many. other felons to dust off their old convictions and win new trials. With witnesses dead or Arifted away, dangerous eriminals could walk out and again prey on society. The Supreme Court calls it important because it reaffirms one of the first principles of American justice—that {individual rights are ace-high, Deputy Attorney General John R. O'Connor charged the decision “will open the gates of prison” ta _some Killers and long-term crim- © Judge Paul G. Jasper, who wrote the counteréd a few prisoners—those who can prove their trials violated Constitutional rights, Witnesses Disperse

The main issue is time. Prosecuting at! claim there should be a limit on the time a prisoner can let pass before crying error and demanding & new trial. Without a time limit, state's attorneys said, a long-term eriminal only has to sweat it out until key witnesses are out of reach. This potentially dangerous situation caused the Supreme Court to rule, in 1942, a prisoner can win new trial only If he shows “due diligence” in seeking it. The high court ruled in that case against a Marion County kidnaper, Everett Irwin, who charged he was cheated on Constitutional rights. He waited four years to appeal, His life sentence stuck. The Lindsey-Carroll case was similar, with an even longer delay, but the judges had different Ideas, “An injustice can be attacked any time, any place, and in any manner,” sald Judge Jasper. “When constitutional rights are violated, a conviction is void from the time of the first trial, and no amount of acquiescence can make it ‘valid. When a judgment is void, it remains void forever,” he

il Court's Decision Open | Prison Gates? i a. a ed sh fe sii 0

Lindsey and Francis W. Carroll. 19 years, they have stopped X-ing the calendar. js

orem Court opinion, t it will affect only|:

torney General's office is working on two possible appeals—a rehearing in state Supreme Court or an appeal to the U. 8. Supreme Court

Judge Jasper said he felt the U. B. court would uphold the Indiana judges. “There isn’t anything the state can do,” he said. “The mien will be freed, even if guilty.”

‘Concerned’ “We were all very concerned about the case, and held many

long conferences,” Judge Jasper |

said. “The issue is very important, especially since we overruled our previous decision.” He added that the opinion was unanimous.

Lindsey and Carroll, represented by Public Defender James C. Cooper, based their fight chiefly on one point. They charged that although the court appointed a pauper attorney for them in 1933, they never saw the attorney and didn’t even know they had one. This was denied i® testimony by Theodore T. Wood, Lagrange County prosecutor at the time of the slaying. Two “disinterested” parties sided with the prisoners. Indianapolis Attorney T. Ernest Maholm testified that police refused to let him see the prisoners after he was contacted to become their lawyer. That was before a pauper attorney was named.

* Attorney Gone

And a newspaperman testified his story in the Ft. Wayne Jour-nal-Gazette was accurate. The article said the prisoners, on the day they pleaded guilty and were

convicted, “appeared in court without = counse| and without friends.” 3 :

The pauper attorney himself. hasn't been found. Testimony at the pre-trial hearing indicated he may be in a federal penitentiary, but Prosecutor DeTar said he can't be located, and may be dead. ; y did Lindsey and Carroll t so long to declare their trial was a mistake? Did they just dally until witnesses against them were “unavailable?” Public Defender Cooper said it was something else. He showed

the court that for about seven

years, Lindsey and Carroll, like all other prisoners, were not allowed to send legal papers into the “outside.” When this was changed and the public defender's office was @éstablished, Lindsey and Carroll started trying. They got little satisfaction from the first public defender, who was later fired by the Supreme Court. Then, in 1947, came a state law limiting petitions for erroneous) trial to five years after convie-| tion, That ‘blocked Lindsey and] Carroll again, Law Revoked

The law was declared unconstitutional two years later, and the prisoners tried again, Mr, Cooper took the case, had it heard in Lagrange Circuit Court last vear, and won. The Supreme Court went along.

wrote. Guilty Have Rights

¥.d0 not doubt these men were|Hacket, then 29, went to the home | But the guilty have as|of Charles W. Pyatt the night of |

guilty. much Constitutional right as the innocent,” Judge Jasper said. As a result, Lindsey, 41, and Carroll, 54, will leave the prison in & few days and return to Lagrange to face Circuit Judge Donald H. Hunter. The judge will dismiss the charges against them or arder a new trial, if the prosecuter wants one, Lagrange County Prosecutor Richard F'. DeTar said he is working on a new trial but “I doubt it I can make a conviction.” Key witnesses have died or disappeared, he said.

(leneral’'s staff said “the defense counsel would have a picnic. No

Evidence in their first degree murder trial shows this: Lindsey, Carroll and Emerson

Mar, 20, 1933. One of the trio had worked for the wealthy old South Milford farmer, and knew he kept large sums in his safe, They intended to- break it. While Carroll waited in the car, Lindsey and Hacket worked on the safe, Just then Mr, Pyatt and his wife came home. The farmer came toward the burglars with a club, and Lindsey fired one shot into his head, Lindsey later confessed this to state police. Hacket was paroled in 1948, Mrs, Pyatt, key witness to the

: shooting, died several years ago. | A member of the- Attorney So did the judge who tried the,

case, and the sheriff and police] who carried the load of investi-|

jury in the world would sendgating.

Lindsey and Carmoll back to prison for 20 years.”

What can be done to keep Lind-|

That's why Prosecutor DeTar,|

discussing his chances for ,a new!

conviction yesterday, said:

sey and Carroll from walking] “I'd have to go to the cemetery out with a clean slate? The At-{to make a case.” ? |

don't

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An Indianapolis businessman and the gover-

nor of Maryland stand in line at

with 73 seniors at Indiana Central College com-

mencement,

Harper J. Ransburg, president of Harper J. —— Inc, and Ransburg ~~ _ Electro-Coating Corp., wins a Doctor of Laws 'degree for civic, business and youth leadership.

Ransburg Manufacturing Co,

5 p. m. today

gov. Theodore R. McKeldin of Maryland, former

| |

| i

| Mr. Ransburg Mr. McKeldin {mayor of Baltimore and speaker tof the day, will be among national | leaders receiving honorary de{grees. Gov. McKeldin will speak on “Sun-Crowned Men” in cere-| monies on the University Heights campus. | Seventeen of the graduating] {seniors are Gls who went back) {to high school after war, Twenty-| three in the class are from Indi-| |anapolis and one took top schol{arship honors. Rosemary Arndt, {daughter of Mr. and Mrs. George | |W. Arndt Jr., 731 Thompson Rd. igraduates summa cum laude, Indianapolis seniors graduating lecum laude include: Roy H. Tur-| hey Jr., who has received a fel-| {lowship to the University of Mis[sourl, Columbia, Robert McKinney, Pearly Mae Montgemery and | Richard Warren,

'‘Boardwalk-Bound

Hoosier. nurses change from iuniforms to. travel clothes June 16, leaving then for a four-day,

}

Some 70 nurses from Indiana will| attend this meeting of the 10,000-/ member American Nurses Asso-| ciation, Heading. the delegation | | will be Miss Helen Weber, Bloomington, Indiana state president, and Indianapolis delegates: Mrs.| Genevieve Beghtel, Marvell By-| fleld, Genevieve Clark, Betty Heath, Mrs. faGrange Hosier, Fredericka Kosh, Mrs, Inez Stierwalk, Genevieve Graham and Vir-

ginia Sims,”

Frank H. Bearswilt, LaSalle St, was awarded a service emblem yes ; terday for 30 ftom | years telephone “iid work. Indiana | | Bell Telephone Co., where he is private branch exchange installer; made the

1421 N.|

has been here.

500-Guest Party |

A “birthday party” with 500] guests is being planned here for | next May. The host will be Wheeler City Rescue Mission, 245 N. Delaware St. celebrating its 60th birthday. Guests will members of the International

{| Free, v

| Sponsored hy

presentation, | Mr. Bearswilt (Bill, a senior is a native of In- (next year at = /dianapolis and {Lawrence Cen. * his entire tele- Itral High School,

iphone service Mr. Bearswilt [1s president of

Where to Go

Twelfth annual Rose Festival. Sponsored -by Boy and Girl Scouts, Cub Sconts and Camp Fire Girls. Hillsdale Nurseries, Ind. 100 at 78th St,

11 a m.

Eagle Scont Conrt of Honor, Central Indiana Boy Scout, Council. World War

| Memorial auditorium, 2:30 p. m.

Free,

Union of Gospel Missions who

{will hold their 40th convention.

It’s the rescue mission work union’s second visit here. The

1927 convention was held in In-,

dianapolis. Leonard C. Hunt, Wheeler Mission superintendent, is directing local arrangements,

Installation Five of the six new officers nf the Indiana Daughters of America installed at last week's convention in Hotel Severin are from Indianapolis. Mrs. Charles Rutherford, Marion, was installed state councilor, Others: Mrs. Elmer Petty, associate councilor; Mrs. Charlés Hunter, secretary; Mrs. Clarence Sears, treasurer; Mrs. Staley Callender, vice councilor; Mrs. Charles Roush, junior past state councilor.

National Office

Mrs. Harry F. Hergt, 5108 Guil-

convention in Atlantic City, N. J./ford Ave. iz the new grand outer

Ladies Oriental

She

the Shrine of North America.

guard of

lwas elected to the office at grand

council session in Columbus, O.

Flag Day Program Indiana Society, Sons of the American Revolution, will observe Flag Day at a luncheon Wednesday in Spink Arms Hotel. The Rev, Gary A. Allbritten, Peru, will speak. Reports on the national congresx in Houston, Tex,

, |will.’be given by Clarence ‘Cook | New Jewelry 74

and James G. Cedil. Fred I. Willif, president; iz in charge of ar-

‘ rangements.

National Office - -

William Lambert, son of Mr. and Mrs. Ronald Lambert, 7150 E. 38th St, was elected vice president of the Future Business Leaders of America at the national convention in Chicago.

the organization's Indianapolis Chapter and first vice president of the state william Lambert chapter. He'll go to Denver, Colo, June 23 as central district delegate from FBLA

be to the National Education Asso-|

ciation Convention.

THE INDIANAPOLIS TIMES : | Bricklayers Will Hold

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New Penicillin Stays In Body for Month PHILADELPHIA, June 7 (UP) —A NeW compound,

Contest at State Fair Indiana Brickmason Apprentice

tor the State Fair contest of brick-

mason apprentices at a meeting yesterday at 620 N. Noble St. To the Hoosier champion trowelwielder will go $200 cash and a |*¢arch gold plaque. The runnerup will

each local organization of brickmasons in the state may be entered in competition set for Aug. 30-Sept.-4. The contest will be

held in a tent near the Manu- Taft's Lead Cut facture lng at the Fair’ L/wRRE, 8. D., June 7 (UP)— A partial canvass of votes cast|pH

Among officers directing arrangements are E. Donald Jackson and Frank Hankins, both of { Indianapolis.

[(R. 0.) from 900 to T47. Thirty{two of the state’s 8 counties had &

completed their canvasses by midafternoon.

Years 1st Cotton Bale On Way to Market re—— McALLEN, Tex. June 7 (UP),

{Advertisementy | SA} —This year’s first bale of cotton _ RHEUMATISM PAINS | was on its way to Houston today. ick Ray Barnick, who picked each|fae™f boll as it opened during the past|ss weeks, said he hopes to get $3000 for the 500-pound bale.

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