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Indianapolis, Marion County, Indiana
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Judge Wylie dismissed contempt charge against ex-Senator Spencer in Washington for failing to appear in star-route trial, ruling the subpoena invalid due to errors and improper service. Spencer plans suit for damages and urges congressional probe into the cases.
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Judge Wylie Dismisses the Charge of Contempt.
Special to the Indianapolis Journal
Washington, Dec. 23.--The discovery, before Judge Wylie's court, that a bogus subpoena had been served upon ex-Senator Spencer in the star-route case, by a person having no authority, even if the subpoena had been good, causes no surprise whatever to those who watched the inside workings of the trial. The court was disposed to deal very severely with Spencer, but was forced to decide that the paper served on him was of no binding force.
The Proceedings in Court
To the Western Associated Press.
Washington, Dec. 22.--In the Criminal Court Judge Wylie rendered a decision in the case of ex-Senator Spencer, charged with contempt of court in failing to appear in the star-route trial. The Judge held that the subpoena was not a subpoena, because there was no penalty to it. It ordered the ex-Senator to appear, but limits the time to one day. The subpoena, by an error of the court, the Judge said, was for a civil and not a criminal case. The ex-Senator had sworn he was here before the time ordered by the so-called subpoena. He remained here two weeks, and had sought an interview with one of the counsel, but was unable to secure one. Under these circumstances and owing to the fact that the subpoena had been improperly served and returned, the Judge held that the case was not one of contempt, and discharged the prisoner. During his remarks, Judge Wylie said that there was no doubt that the object of the ex-Senator in going abroad last year was to avoid the star-route trial, then in progress. What his reasons were in wanting to avoid the trial, the Judge did not know.
Spencer says he contemplates bringing a suit for damages. In an interview to-day he said the investigation of the star-route trials by Congress would be urged, the object being to learn why some persons were tried and others not, and why so much money was paid the government attorneys. Dorsey was but small fry in the star-route cases. There were Western men in them deeper than he, said Spencer.
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Domestic News Details
Primary Location
Washington
Event Date
Dec. 22
Key Persons
Outcome
the charge of contempt was dismissed; ex-senator spencer was discharged. spencer contemplates bringing a suit for damages.
Event Details
In the Criminal Court, Judge Wylie held that the subpoena served on ex-Senator Spencer was invalid because it lacked a penalty, was for a civil case by error, and was improperly served. Spencer had appeared before the ordered time and remained two weeks but could not secure an interview with counsel. The judge noted Spencer's trip abroad was to avoid the star-route trial. Spencer commented on urging congressional investigation into the star-route trials, questioning why some were tried and others not, and high payments to government attorneys, stating Dorsey was small fry and Western men were deeper involved.