Jasper County Democrat, Volume 13, Number 3, Rensselaer, Jasper County, 16 April 1910 — ARRESTS SHERIFF FOR CONTEMPT [ARTICLE]

ARRESTS SHERIFF FOR CONTEMPT

Of Court In the Bader Bridge Graft Conviction Case. ' ’r ■ ’ A, ■" STAYED AT WINAMAC 4 DAYS With Prisoner Instead of Obeying the Court’s Order and Taking Him to the State Prison—Hearing Comes Up Before Judge Hanley Monday. It is nothing strange for a county sheriff to arrest someone else for violations of the law, but it is unuSTlal for the sheriff himself to be arraigned in court. Yet this is precisely what happened Wednesday to Sheriff L. P. Shirer of Jasper county, Coroner Wright, who must act in place of the sheriff when the latter is disqualified, serving the papers. The warrant or “rule,” as it is called, is made returnable AJonday. The difficulty grows 6ut of the Bader bridge graft case, and while it is not likely that Mr. Shirer had any intention of disobeying the court’s orders or meant any disrespect; fie did allow himself to be made the goat of by certain parties, it would seem, and may be guilty of contempt of court as a result. After sentence was passed on Mr. Bader the latter was remanded to the sheriff’s custody to carry out the order of the court, which it was his duty to do forthwith. He left Rensselaer on Thursday morning with 'his prisoner and reached Winamac at noon of that day, stopping off there and remaining until Sunday afternoon, when the prisoner brought the sheriff back to Rensselaer in the former’s automobile. This action occasioned considerable talk at the time and many jests were made about such an unusual proceeding. It did not set well with the court, who felt that' he could' not let such a breach of court discipline pass without taking notice, and as a result the prosecuting attorney filed Tuesday evening with the clerk of the court an affidavit and information setting out the alleged offense and asking that the sheriff be cited for contempt. Following is the matter contained in the affidavit and information, omitting the caption and the more unimportant matters therein: ■ “Affiant avers that said cause was tried before a jury of twelve good and lawful men, which said jury returned in open court, after due deliberation, the following verdict, to-wit: “State of Indiana, County of Jasper, ss., In the Jasper -Circuit Court, February Term, A. D., 1910. State of Indiana vs. Charles Bader. We, the Jury, find the defendant guilty - as charged in the affidavit and further find that he is fifty-one years of age. Walter Harrington, Foreman.” -

Whereupon the defendant in gaid cause was then and there remanded into the care and custody of Lewis Shirer, sheriff of Jasper County, by order of said Court, pending themotions in arrest judgment and motion for a new trial; that the sheriff thereupon made and constituted one George Williams as deputy sheriff of said Jasjier County and said defendant was .then and there placed in the care and custody of said Williams, who suffered and permitted said Bader on the 25th of February to go to his home in the town of Winamac, and that defendant remained at his home until March 2, the said defendant to go and be at large for the purpose of taking care of his ,business and taking leave of his family, preparatory to the beginning of his term of confinement in the State Prison as contemplated in said' sentence and judgment of this court. ( That on the 7th day of March motions in arrest of judgment, etc., were overruled by the court, anjl sentence passed, as follows: ‘‘lt is by the Court, therefore, ordered and adjudged that the said defendant, for the offense by him committed do make his fine to the State of Indiana in the penal sum of ten ($10.00) dollars', and that

the defendant, Charles Bader, be imprisoned in the Indiana State Prison for a period of not less than two nor more than fourteen years, and be disfranchised and rendered incapable of holding any office of trust or profit for a term of two years and that he pay and satisfy the costsi and charges herein taxed at dollars.” And the Judge of said Court then and there remanded the defendant into the care and custody of said sheriff, said order of court reading "as follows, to-wit: “The sheriff of said Jasper County is hereby charged with the due execution of the foregoing judgment.” . .

“A certified copy of said order and judgment of said Court, directing the sheriff of Jasper county to execute the same, was on the Bth day of March, 1910, placed in the bands of said sheriff by the clerk of said court, said Bader being then and there in the custody of said sheriff, where upon said sheriff of said county wilfully, knowingly and corruptly disobeyed the mandate of thisi Court as commanded In said order and according to the tenor of the judgment rendered in the premises, but while and during the time intervening between the Bth day of March, 1910 . and the 12th day of March, 1910 wilfully, knowingly and corruptly suffered and ‘permitted •this defendant to be and remain at large in the town of Winamac, Indiana; that upon the evening of the 12th day of March, 1910, said sheriff released said defendant from his care and custody pursuant to what purported to be a parole granted to this defendant by the Governor of the State of Indiana, said instrument purporting to be a reprieve of this defendant from the enforcement of the order and judgment of the Judge of this Court, pending the filing of appeal and final ruling of the Supreme Court of the State of Indiana vs. Charles Bader.

That said sheriff wilfully, knowingly and corruptly failed, refused and neglected to execute the order of this Court as by said certified copy of judgment and order of this Court directed, but permitted said defendant in said cause to go at large, Without restraint and hindrance, from the 7th day of March, 1910 to the 12 th day of March, 1910, and wilfully and corruptly disobeyed the • mandate of this Court; and the business of this Court at that time was such that it required the conveyance of said prisoner immediately to the prison authorities at the State Prison and return of said sheriff to his duties in Court as an officer .of said Court, but on the contrary said sheriff remained away and wilfully absented himself from his duties in this court during the term of day® above mentioned, and on the evening of the 13th day of March, 1910, after the adjournment of this Court for the February term; 1910, said sheriff was conveyed to his place of residence in the City of Rensselaer, Indiana, by the defendant in the above entitled cause, in said defendant’s automobile. “And by reason of the premises said Lewis Shirer is in contempt of this Court and of the judgment and order of this Court. ‘ “Wherefore affiant prays the Court, that a rule from this Court be served against said Lewis Shirer and that he be required to show cause, in said court, why ..e should not be attached and punished for contempt' as alleged in the premises.” ' ...