Jasper County Democrat, Volume 13, Number 10, Rensselaer, Jasper County, 11 May 1910 — ANOTHER’S OPINION OF IT [ARTICLE]

ANOTHER’S OPINION OF IT

What the Indianapolis News Says Editorially of the Bader Parole. That The Democrat and 99 per cent of the people of Jasper county are not alone in their opinion that Governor Marshall made a grevious mistake in stepping in and halting the operation of the law in paroling C. L. Bader, the convicted Winamac bridge graftef, is shown by the following editorial in Friday’s Indianapolis News: “In our opinion Governor Marshall made a serious mistake in paroling Clinton L. Bader, president of the grafting bridge company. This man, from the moment of his conviction, has been treated with the most distinguished consideration. The sheriff simply “kept him in custody,” and appointed a deputy to look after the prisoner while he was going about his business much as usual. Finally the motion for a new trial was overruled, Bader was sentenced, and still the sheriff refused to do his duty. Even after the commitment was issued, and the order to take Bader to the penitentiary had been made, the sheriff declined to act. Theh it was that the Governor was approached by one of Bader’s attorneys. And the result was that this man was paroled, pending appeal, though he had not served one minute of his sentence. “We understand the Governor’s theory, and there fcs something to bo said for it. It is that a man convicted of a bailable offense ought not to be pent to the penitentiary pending motion for a new trial and appeal For it might turn out that he was Innocent, or at least that he had been improperly convicted, in which case it would be a hardship to subject him to punishment. In this case Governor Marshall says that he was. Informed that the trial judge had said that he would be forced to grant a new trial, and from this it was natural to Conclude that there had been error. This statement was made by Hathaway, one of Bader’s attorneys. It seems to us that it would have been better to get the word of the judge on the subject. As a matter of fact, the motion for a new trial was overruled. Of course, it is to be said for the Governor that his action will not shorten the.,term of the man’s imprisonment,,if he is finally found to be guilty. The action Is equivalent to a suspension of sentence till all doubt of the man's guilt is removed. It is to be said further that there are many who think that the law ought to be changed so as to make It impossible for a man to be sent to prison till he has had a hearing In the supreme court. Such a bill was passed by the legislature at its> late session, but was vetoed by the Governor — and rightly—because its effect would be to shorten the Imprisonment of the guilty man. “But in spite of all explanation#; we still think that the Governor was wrong. It Is no easy matter to get a verdict in such cases as this against the men “higher up.” The trial seems to have been fair. Few people doubt the man’s guilt. The judge could find no reason for ordering a new trial. Littlefield, chairman of the Democratic county committee of Jasper county, one of the signers of the petition for parole, withdrew his name from the petition and telegraphed this: “Misinformed. Please withdraw my name from the Bader petition.” F. E. Babcock, editor of Thei Jasper County Democrat, wired the Governor as follows: “Court investigated thoroughly the question of Bader’s guilt. Inadvisable to interfere with verdict. If in doubt, wire, telephone or write Edward Honan.” If Mr. Honan was consulted there is no record of it in the Governor’s office. The action seems to have been based largely on the statement of one of Bader’s attorneys that the-cdurt had said that a new trial would be ordered. Further investigation would, we believe, have convinced the Governor that a parole should not have been granted. Governor Marshall is a kind-heart-ed, sympathetic man. We fear that in some cases his feelings get .the better of him. He certainly has been liberal in this matter of paroles. We believe that in some of these cases, the case of Rufus Cantrell, for instance, serious mistakes were made. As to Bader, every one knows that for years the people of Indiana have been in the clutches of a corrupt bridge combine, one that It has peen almost impossible to break up., It seems tq us that no men are less entitled to executive clemency than high-placed grafters. It would have been far better to allow the sentence of the court to go into effect.”