Indiana daily times. [volume], May 06, 1920, Home Edition, Page 7, Image 7

About Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922

Image provided by: Indiana State Library

                
PJGHES FILES
■ABATEMENT PLEA
(Continued From Page One.)
it tended to seriously prejudice
thegrand Jury in regard to the de
fendants.
SAY JUBY ALSO
ACTS AS SHIELD.
"The rules governing instructions to a
grand Jury are in no means technical,"
•aid Mr. Hughes.
“The grand Jury, from time immem
orial, has existed not only for the pur
pose of finding Indictments against
those accused of violating the law, but {
also to act as a shield for the protection
of the accused.
“It la a serious matter to intrude any
thing prejudicial in instructions to a
grand Jury, more so than to a petit Jury.
“Any intimation by the Judge charging
to the grand Jury that any particular
defendant 1* guilty Interferes with the
deliberations and findings.
"No more serious or prejudicial state
ment could have been made than the
one made by the Judge.
SAYS COURT TOOK
HUSK OF ACCURACY.
court on the very threshold, after
IBding and staring what had been said
said. 'On the face of it this
admission that facta are true.’
"This was not only prejudicial to
Lewis, but to every defendant at well.
“The grand lury would assume that the
court would not have quoted such a
statement unless It was credited.
“The court took the risk of the ac
curacy of that statement when he made
it” V
Mr. Hughes then cited several cases in
■which the point In Instructions figured
and reiterated bii contention that the
statement was extremely prejudicial.
CALLS ATTENTION
TO PUBLIC DENTAL.
He then called attention to the fact
that a public denial of the statement
was made by Mr. Lewis, which appeared
In the press and said that the v eongress
man who had made It had afterward
iasued a statement admitting that his
quotation was erroneous.
Following this development, the grand
jury was not called again before the
jndge for information as to the error
of the statement, according to Mr.
Hnghes, thus remaining under the im
pression, apparently, that the court still
gar* it credit.
Mr. Hughes said this point would fig
ure as one of the most important in the
case and remarked, in summing np his
argument, as follows:
“There is nothing more important in
this country at the present time than to
see that the fundamental principles of
liberty and rights should be maintained
In regard to every defendant in the
United State* court, no matter of what
class.”
SIMMS’ REPLIES TO
HUGHES' STATEMENT.
Dan W. Simms' special assistant United
States attorney, answered Mr. Hughes
saying his statements in regard to some
cores quoted had not been entirely In
a?cord with the present situation.”
He pointed to the fact that it is neces
sary far a court to make specific in
structions, and said Judge Anderson laid
down every rule by which the grand
was to be guided.
grand jury, according to Mr.
Simms, was Immediately Informed that
the statement made In congress was
erroneous when this stet was made
known.
Mr. Simms also maintained that this
case was exceptional and that It was the
duty of the court to give specific Instruc
tions.
Judge Anderson in discusa'ng the plea,
called attention to the fact that the
error had been corrected before th* grand
jury and also pointed out that it was
used in the instructions as a quotation
and not given as a fact.
Mr. Hnghes then maintained that no
statement made by a prosecuting at
torney could detract from the weight of
the statement.
JUDGE "TAKES ISSUE"
WITH SOLOMON.
“I have been around courts for a lofig
time," said Judge Anderson, m comment
ing on the arguments, “but I tell you,
ladies and gentlemen, Solomon was not
right when he said there waa nothing
new under the sun.”
After the court charged the grand
Jury to investigate members of the mine
workers' organization, in trying to be
fair, he went on to comment on others
who might be Implicated.
“I can't Imagine what I am here for
npirffi I call the attention of the grand
to investigate these matters, and
it is also my duty to call attention of
the grand jurors to rumors voiced In the
public press and the halls of congress
which have come to the attention of the
court.
“This court is not responsible for all
the mistakes made by congressmen."
There ensued some argument as to
the method of procedure and the case
was dslayed until 10 o’clock tomorrow
morning, when the government will file
an answer to the plea In abatement.
IMPOSING ARRAY
OF LEGAL TALENT.
Besides Mr. Hughes, attorneys repre
senting the miners In the case are David
Warrum, Indianapolis; Harold A. Hen
derson, Terre Haute, and John A. Rid
dle, Vincennes.
The operators are represented on the
floor by the firm of Miller, Dailey &
Thompson and Charles W. Miller, former
United Btates district attorney.
Frank Dailey, who handled the prose
cution of election cases in Indiana
and Michigan, is appearing in the case
as one of the firm of Miller Dailey &
Thompson.
Associate counsel appearing in the case
includes John M. Rawley, Brasil; C. A.
Royse, Terre Haute; John Jeffries, Terre
Haute; Henry Adamson, Terre Haute;
Beasley, Douthitt, Beasley, Crawford &
Beasley, Terre Haute; James E. Piety
and Chester Y. Kelly, Terre Haute;
Whitcomb A Dcwden, Indianapolis; Tay
lor, White & Wright. Indianapolis; Mark
H. Miller. Indianapolis; Hottel & Pat
rick, Indianapolis; P. O. Collver, Terre
Haute.
The district courtroom was crowded
with defendants and attorneys.
Indications were that arraignment
proceedings will last for several days.
John L. Lewis, president of the
United Mine Workers of America, who
surrendered to the United States marshal
■cesterday. said all miners named in the
would appear in court with
out contesting removal to the jurisdic
tion of the Indiana district.
LSS NAMED IN
THE JURY'S REPORT.
In the grand Jury report, 125 opera
tors and miners were named as de-*
fondants. *
They were Indicted after an exhaustive
Investigation of the bituminous coal in
dustry in Indiana. Ohio, Illinois and
western Pennsylvania.
Ail of the Indictments were brought
under the Lever food and fuel control
act and section 87 of the United States
criminal code which chargee conspiracy
to violate a federal law.
The indictment returned was iq eight
eon counts and charged ten overt acts.
A conspiracy to “limit the facilities j
so? transporting, producing, supplying \
and storing coal’’ and "refusing to mine, j
sell or deliver coal" Is charged in the
first four counts of the indictment,
PRICE CONSPIRACY
ALSO IS CHARGED.
A conspiracy to commit an offense
sjjewlst the United States by exacting an :
Excessive price for bituminous coal Is j
charged !n the eleventh count.
This deals largely with negotiations j
between miners and operators in wage
scale conventions and also includes tb*
calling of the coal strike of a year ago
by officials of the United Min# Worker*
of America.
The ten overt sots charged include
alleged specific violations of the Lever
act and daai largely with coal contracts.
Indiana opart tors who appeared in
' coast war* Mtartoa L. Gmfld. Indianap
olis, president of the Indiana Bituminous
Coal Operators* association; Phil 11.
Penna. Terre Haute, secretary of the
Indiana Bituminous Coal Operators’ as
sociation; Carl J. Fletcher, Indlhnapolis,
secretary of the Knox County Coal Opera
tors’ association; Jonas Waffle, secretary
of the Indiana coal trade bureau;
H. M. Ferguson, David Terhune,
Robert J. Smith, Henry Smith, Archibald
Spears, George A. Anthony, William J.
Hamilton. John A. Templeton. J. C.
Muren, William Epperson. Banus E.
Neal. Valentine Martin, Alfred M. Ogle,
Jabez Woolley, William P. Zimmerman,
Thomas Byers, Harry W. Little, secre
tary of the southern Indiana coal bureau;
M. E. Mogff, David Ingle. W. H. Tobin.
Wiiliam Zeller, Edward Shirkle, Edward
Hackett. George A. Van Dyke. William J.
Freeman, Edwin D. Logsdon. G. H. Rich
ards, Hugh Sbirkie, Homer, B. Talley,
Walter D. Talley, Warren F. Smith,
Frank Thorp* and John Kelly.
INDIANA MINERS
HEADED BY' LEWIS.
Indiana iqiners appearing In court were
John L. Lewis, president of the United
Mine Workers of America; Philip Mur
ray, vice president; William Green, sec
retary-treasurer; Percy Tetlow. statistic
ian ; Edward Stewart, William Haney,
WilMam Mitch, John Hessler, James A.
McKinney, Harry Suteh, Charles Fet
tlnger, Harry Lentz, U. O. Hall, John
Little. John Purcell, Jack McQuade, Ed
Havercamp and W. A. Luce.
Other miners indicted were:
Illinois Frank Farrington, Harry
Flshwiek, Charles Grace, Robert T. Me-
Calllster. W'alter Nesbit, William ,T.
.Sneed, Ben Williams and Joseph T.
Yearsley.
Ohio—George Cecil, Lee Hall, John
Moore, Thomas Price, William Robinette,
William Roy, G. W. Savage, John Sexton
and William C. Thompson.
Western Pennsylvania William C.
Cavanaugh. Robert Gibbons, William
Hargest, Thomas Hughes, Frank Lelt
hold, John McWee and John O’Leary.
A bitter contest of the case was pre
dicted when the arraignment started.
injunctions seeking to restrain the
government from prosecuting fifteen coal
operators of Chicago Included In the iu
dlctment were sought In the federal
court of Chicago yesterday, according to
word received here.
Similar proceedings were instituted
in United States courts in St. Louis.
Toledo and Cleveland.
It is alleged in the injunction pro
ceedings that the Lever act, on which
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A New “Laugh” Combination THE MINIATURE REVUE
AL. LYDELL & CARL MACY BERT HOWARD
Their comedy skit, KINOGRAM WEEKLY
OLD CRONIES DIGEST SAYINGS
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KILTIES BAND UNTIL
Bix Imps and a Girl, Delea and Orma, John Geiger, 4
the Gabbarts.
Lee and Bennett. Christy Comedy. j
Dancing in the Lyric Ballroom Afternoon and Evening. "• "*•
j MOTION PICTURES.
ALL THIS WEEK
■•* . 3 Tale of the might of the North
HAROLD LLOYD P itte ? against the power and I
as cunning of Wall street.
“AN EASTERN THE SILVER HORDE
WESTERNER” with Myrtle st c d ra a„,
A Round-Up of Merriment Robert McKim
The Circlette of News—Louisa Patterson, Soloist.
Circle Orchestra, Schmidt
4 I nAYYIIj tt\ lOSDINI In
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the coal indictment is based, is unebn
stitutional.
The Injunctions were asked in behali
of coal operators living outside of the
state who are opposing removal pro-,
ceedlngs.
Attorneys representing both operators
and miners In -Indianapolis were pre*
pared to fight the €ase on the grounds
that the Lever act is unconstitutional.
Federal authorities, however, have de
termined to prosecute the cases to the
limit, according to L. Ert Slack, special
assistant United States attorney.
The government Is represented in the
case by Frederick VaaNuys, United
States district attorney; L. Ert Slack,
special assistant, and Dan W. Simms,
special assistant United States attorney.
The Investigation of the coal industry,
which led to the indictment, was made
by a special Jury In session three weeks
under the guidance of Attorneys Slack
and Simms.
Five More Autos
Reported Missing
The theft of five more automobiles was
reported to the police today.
TJje automobiles reported stolen be
longed to William F. Roepke. 3845 East
Washington street; Ernest Schmidt, IMS
Park avenue: Thomas H. New, Green
field; Fred M. Melere, 2711 North Merid
ian atreet, and Thomas Hones, 826 North
Rural street.
Lloyd Prevost Goes
to Trial for Murder
MT. CLEMENS, Mich., May 6.
Charged with the murder of J. Stanley
Brown, wealthy young clubman of this
city, on December 23 last, Lloyd Prevost,
22, was placed fin trial here today be
fore Circuit Judge Lamb.
Brown was fouDd dead In his automo
bile on a road a few miles out of this
city on the morning of Dec. 24 with sev
eral bullets lu his body.
Several arrests were made. Including
Mrs. Ruth Prevost Brown, wife of the
dead man and a cousin of the youth who
is on trial.
Mrs. Brown was subsequently released
and Prevost was held under a grand
jury indictment for murder in the first
degree.
INDIANA DAILY TIMES, THURSDAY, MAY 6, 1920.
BENSON BALKS AT
DENYING CHARGE
(Continued From Page One.)
* ’ ’
practieally impossible that I can ever
visit there again.”
SENATOR TAKES
ISSUE WITH HALE.
Charges that Chairmap Hale was using
questions prepared “by an admiral or
outside parties” ■'and “fired up here by
messenger every day” were made by Sen
ator Pitman, Nevada, democrat, during
cross-examination of Beuspn.
Senator Halo protested tnat the senate
denied him the assistance of counsel in
conducting the probe.
After the hearing Pitman and Hale en
gaged tn a sharp verbal clash in the sen
ate offle* building, in which Pitman
charged that the official record of the
hearings had been “doctored.’’
Ho referred to the alleged omission of
a colloquy between himself and Senator
Hale over the propriety of a question
asked by Pitman.
Pitman said he expected to bring the
matter before the committee.
JAPAN FACES INDUSTRIAL CRISIS.
LONDON. May 6.—Japan will be faced
with a serious unemployment situation
and a financial crisis as a result of wide
spread stoppage of operations in the
weaving industries, according to a News
Agency dispatch from Tokio today.
Wholesalers of cotton and silk are re
ducing their prices 50 per cent.
amusements.
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CONTINUOUS
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ENGLISH S Tonight
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America’s Greatest Comic Opera.
Prices, Night 50c to 02; Mat., 60c
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ALI. THIS WEEK
MISCHIEF MAKERS
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Tills coupon and 10 cents entitles
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THURSDAY, FRI- &*!
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PARKS TO SEE
MANY CHANGES
Superintendent Outlines Sum
mer Improvement Program.
James H. Lowry, executive superin
tendent of parks outlined at the park
board meeting this afternoon the ad
vancement of preliminary work in getting
the city park property in shape for what
■ iSf/cooss. (3 Cos
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18 North Pennsylvania Street
he expect* to be one of the biggest years
in the board’s history.
Mr. Lowry pointed out some of the im
provements in landscape work and re
ported satisfactory progress In all con
struction work.
“We are going to make this year the
most effective in park work, ea-operating
with the recreational department,” said
Mr. Lowry.
The board dl*ru? and action In develop
ment of <*lty pa’.k property, enlargement
of recreational facilities, Including the
proposed extension of Ellenberger park
golf course, hut took no final action in
the matter.
The board expressed appreciation for
the co-operation of Charles Hansen, or
ganist, who opened the municipal noon
day concerts at Christ church.
The following program waa selected
for tomorrow and Saturday noons:
"Fantasle In C,” Tour*; “Supplication,”
FryslngeT; “Prelude and Fogue in G
Major,” Mendelssohn; ‘‘Sault de Amour,”
Elgar; “Minuet,” Bocherinl; “Prelude,”
Chamlnade; "Gavotte n *IE Minor,” Silas,
and “March Mllltaire.” Schubert.
Negro Accused of
Beating Aged Man
Ray Davis, 21, negro, 1518 Byram placet
Is under arrest charged with assaulting
Owen McGinn, 62, Senate avenue hotel.
Davis is alleged to have badly beaten
the aged man in an altercation at Klng
an’s packing plant this morning.
McGinn has charge of the cloakroom at
the plant and Motorcycle Policemen Odd
er and Landers were told the negro at
tacked him in this room. ,
7