Jasper County Democrat, Volume 10, Number 10, Rensselaer, Jasper County, 8 June 1907 — THE FARCE IS CONTINUED. [ARTICLE]

THE FARCE IS CONTINUED.

Prosecuting (?) Witness In Libel Cases Not Present, So State Asks for Continuance. There was no trial of the Jones (?) libel oases against the editor of The Democrat last Monday. The latter had all his witnesses summoned and expected to go to trial, until Sunday night, when the deputy prosecutor, Mose Leopold, stated thatr'tbe prosecution could not get the prosecuting witness in court and would have to ask for a continuance. As he had previously stated (on Saturday) that be would consent to a continuance and thought Mr. Halleck would agree to it —but as the state of Indiana is supposed to be prosecuting these cases the querry would naturally be, “what the d——l has Halleck to do with it—and was told that the defense would not conseut to any continuance, the defendant decided to go over to Kentland anyhow and see just what move would be made. He accordingly did so and, when it became apparent that it was the intention to have the record in the cases read “continued by agreement,” objected through his attorney to any such action, and stated that he was ready and anxious for trial. Then Prosecuter Graves melted a few telephone wires between Kentland and Rensselaer in getting inf communication with Halleck and Leopold, whom he stated were in charge of the cases, and he personally did not know much about them. • Judge Hanley called attorney Will Ishim of Fowler to the bench as special judge to sit in the cases, and Graves got into telephonic communication with bis Rensseneither of whom had gSne te Kentjand—and finally filed a written statement with the court to the effect that these were Halleck’s and Leopolds cases and they (Halleck and Leopold) had informed him that an agreement had been made by them with defendant’s attorney (which is denied) that the cases be continued; that owing to the absence of important witnesses the state was not ready for trial, etc.

There is a rule of the Newton circuit court that any agreement made by attorneys outside the court room, unless in writing, shall not be considered at all, and Judge Ishim’s attention was called to this. But he held that inasmuch us no one apparently would be injured by continuing the cases, that he would grant the motion, and they go over to the October term.

Now, for a few words about this prosecution: The man who is sup.posed to have been so greatly ‘ibeled and whose name appears on the affidavits, has left Indiana and did not,appear at all. It is the general opinion that he will not come back to Indiana under any circumstances, and we believe at least one of the attorneys who are conducting this prosecution has knowledge of the fact. Prosecutor Graves says these are Halleck’s and Leopold’s cases, Leopold is the deputy prosecutor but what has Halleck to do with it? If he is appearing as Jones’ attorney,, why is he not able to produce his client in court or making a reasonable excuse why he cannot do so? If Jones, the supposedly injured party in\he matter, does not care enough about prosecuting the cases to appear in court to testify, why are Halleck and Leopold—one the republican county chairman and the other the county secretary—so interested that they must put the taxpayers to the expense of continuing this farce, for that is all it is?

We stated recently that when these oases came to trial it would develop who was really behind the prosecution, and it does not take a person of any superior occult vision to discover even now that it is apparently some one other than the party represented to be so greatly injured. How much longer will the peopie submit to their money being used for such purposes as this?.