1.
June 17, 1932
The Indianapolis Star
Indianapolis, IN
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STATE PUBLISHER IS FOUND GUILTY
Wabash Man Will Appeal Sentence, Fine on Contempt Charge.
[Special to The Indianapolis Star.] WABASH, Ind., June 16.-Don M. Nixon, publisher of the Wabash Plain-Dealer, was found guilty of indirect contempt of court before Special Judge W. H. Eichorn in Wabash Circuit court today and was sentenced to ten days in jail and fined $100. The indirect contempt charge was filed on order of Judge Frank O. Stertzer Although requested by Prosecutor Byron Kennedy and Special Attorney Milo Feightner of Huntington to order serving of the sentence started at once, Judge Eichorn announced that formal judgment in the case would not be entered until Saturday. Attorneys for the defendant announced that an appeal will be taken in the action and motion for release on bail pending the appeal will be filled on Saturday, and should it be refused the case will be taken to higher court immediately and motion for bail made there.
Court Room Crowded. The court room was filled to capacity when the case started at o'clock. As Nixon walked in the court room to take seat at his counsel's table, his friends in the crowd broke into applause. The maximum sentence under the law could have been ninety days and fine of $500. "I do not believe that punishment should ever be vindictive, but rather salutary admonition. view the circumstances surrounding the case, shall impose $100 and ten-day jail sentence,' Judge Eichorn said.
Scored Bank Receiver.
The contempt citation against Nixon came as the result of published articles which criticized appoint of Quinten A. Carver, former county auditor, as "a village garage keeper wholly manage the affairs of million dollar bank." The bank was the Wabash County Loan and Trust Company, closed last January by order of the directors. The court held that the published story tended to place court in the light of ridicule and, therefore, was Nixon said that several persons immediately after the court's decision was announced had offered to help pay his fine and several offered to serve the jail sentence for him if the court would permit.
2.
June 17, 1932
The Indianapolis Times
Indianapolis, IN
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WABASH PUBLISHER TO FIGHT SENTENCE Appeal Will Be Filed in Contempt Case. By United Press WABASH, Ind., June 17.-Immediate appeal of the case of Don M. Nixon, publisher of the Wabash Plain Dealer, found guilty of contempt of court for his criticism of appointment of a receiver in a suspended bank, was expected today. Nixon was found guilty on the charge Thursday by Judge W. H. Eichorn and fined $100 and sentenced to ten days in jail. Judgment on the decision will not be entered until Saturday, when the appeal wil be made. Nine hundred persons thronging the courtroom cheered Nixon as he appeared to hear the verdict. Nixon was cited by Judge Frank O. Switzer, whose appointment of Quinten Carver as receiver of the Wabash County Loan and Trust Company the editor had attacked bitterly.
3.
June 17, 1932
The Waterbury Democrat
Waterbury, CT
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PUBLISHER HAS APPEALED HIS CONTEMPT CASE Wabash. Ind., June 17-(UP)Immediate appeal of the case of Don M. Nixon, published of the Wabash Plain Dealer, found guilty of contempt of court for his criticism of appointment of a receiver in a suspended bank, was expected today. Nixon was found guilty on the charge yesterday by Judge W. H. Eichorn and fined $700 and sentenced to 10 days in jail. Judgment of the decision will not be entered until tomorrow when the appeal will be made. Nine hundred people thronging the courtroom cheered Nixon as he appeared to hear the verdict. Nixon was cited by Judge Frank O. Switzer whose appointment of Quinten Carver as receiver of the Wabash County Loan & Trust Co., the editor had attacked bitterly.
4.
June 19, 1932
Evening Star
Washington, DC
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Accused Editor Appeals. WABASH, Ind., June 18 (P).Don M. Nixon, publisher of the Wabash Plain Dealer, was released on $1,000 bond today pending appeal from his conviction of indirect contempt of court. Nixon criticised the appointment by Judge Frank O. Switzer of Q. A. Carver as receiver for the Wabash County Loan & Trust Co.
5.
June 20, 1932
The Indianapolis Times
Indianapolis, IN
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EDITOR FIGHTS CONVICTION IN CONTEMPT SUIT Wabash Publisher Battles for Freedom of Press in Indiana. By United Press WABASH, Ind., June 20.-Don M. Nixon, fighting editor of the Wabash Plain Dealer, today said he would push his appeal of a contempt of court citation to the highest courts in what he believes is a struggle to preserve freedom of the press. Nixon was sentenced to ten days in jail and fined $100 for his criticism of a court's appointment of a receiver for a suspended bank. "To much power is in the hands of courts to coerce a publisher against telling the truth about a court and its acts," said Nixon. "The courts have what no one has the right to deny-trial by jury. "Changes in the law should be made to prevent courts having unreasonable power in acting in cases which they term 'contempt of court.' Such cases should be tried by juries." Fights for Freedom Nixon explained his sentence resulted from criticism of the appointment of a former garage keeper and farmer as receiver for a bank which failed with $1,000,000 in deposits. "I appealed the case," said Nixon, "not only because it involves my personal freedom, but because the freedom of the press throughout Indiana is at stake." The appointment under attack by Nixon was that of Quinten Carver, named by Circuit Judge Frank O. Sweitzer as receiver of the Wabash County Loan and Trust Company. "At the time of the appointment," Nixon said, "I made no comment, even though none of the 900 depositors knew Carver and even though his only business experience had been as a garage owner in a village of 400 population. Citizens Cheer Editor "But the bank's directors remained about the institution and apparently influenced the receiver. Depositors told me they were not getting a square deal. After an investigation, the Plain Dealer editorials appeared, charging the receiver was incompetent." The editor was cited for indirect contempt and Judge William H. Eichorn pronounced judgment. Hundreds of depositors and citizens cheered the appearance of the publisher in the courtroom. An attempt to force Nixon to serve his jail sentence prior to a decision on the appeal was forestalled.
6.
June 21, 1932
The Great Falls Leader
Great Falls, MT
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Contempt Proceedings Are Explained by Editor Who Criticized Indiana Judge
Editor's note The following dispatch written by Don Nixon, editor the Wabash (Ind.) Plain Dealer, who faces sentence days in jail and fine $100 for contempt because he criticized judge for what he believed be the appointment of an Incompetent receiver. Editor Nixon tells the details his in the case and explains why believes his forthcoming battle against the sentence will prove important In the annals of the "free press" movement, which has been an editorial governmental problem since newspapers first were printed.
By DON M. NIXON Editor of the Wabash Plain Dealer WABASH, Ind., June cause the Plain Dealer criticized the of village garage the for 000,000 in deposits have sen- was wholly tenced by the Wabash county circuit court contempt to 10 days jail and fine of $100, have appealed the case and await the decision with interest, not only because it involves own personal freedom, the freedom the press throughout Indiana and perhaps because of the precedent established throughout the country. It diffimeanwhile, for me to write story close to home," but shall attempt it writing in the third person and calling myself "the Circuit Judge Frank O. Sweitzer appointed Quinten Carger receiver of the Wabash County Loan and Trust company publisher made no even though none of the 900 depositors knew Carger, and even though his only business experience been as the keeper of garage in the village Roann The directors remained in the bank and apparently influenced the ceiver. Many of the depositors told the they were not getting square He investigated and his the Plain Dealer followed. charged that the receiver Indirect were filed. Judge H. from an adjoining the judgment Before the judge took his seat to the 900 and in the courtroom applauded when the publisher that the bailiff could not stop the demonstration for several minutes. Five hundred persons outside could not gain admission Judge Eichorn then granted an appeal Saturday after Milo Feightner lawyer employed by Judge argued for 30 minutes the publisher be jailed forthwith He suggested that the publisher the first and be acquitted came from the supreme The receiver and that if the were jailed, his silence be enforced the influence the Plain Dealer weakened. Judge Eichorn, however, granted the publisher his freedom under $1,000 bond The publisher holds that changes should be made in laws to pre- by vent having such all-inclusive power in acting on their own cases, which term 'contempt of court." The publisher believes that contempt should be given trial. which now denied. Finally the that there is too the court against telling the truth about court and its acts
7.
October 22, 1932
Leader-Tribune
Marion, IN
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AGREEMENT IS REACHED IN STOCKHOLDER ACTION
Wabash, Ind., Oct. agreement of parties finding was made for John W. Cox and others in their suit against Aaron Simon, Lena Simon and Gertrude Wolf on stickholders' liability in failure of the Wabash County Loan and Trust Co. Finding against Aaron and Lena Simon was for $2,500 in each case against Gertrude Wolf for $500. The money is to be paid to the bank receiver and distributed to creditors.
8.
July 26, 1933
Leader-Tribune
Marion, IN
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Delays Naming Bank Receiver
Wabash, Ind., July 25.-Judge Frank C. Switzer today announced that no action will be taken regarding an appointment in the receivership of the Wabash County Loan and Trust Co. for a few days in order to give a committee chance to circulate a petition among all depositors, asking that the state banking department take over control of the bank The bank has been in receivership for the past year and half. with Q. A. Carver serving as receiver. His sudden death last Friday caused the vacancy which must be filled either by local appointment or by the state. The petition being circulated being signed by practically all of the depositors, according to Frank Rettig, a former director in the bank. It was said that the depositors desire the state banking department to liquidate the bank and close its affairs believing that the final cost will be less than would be the case if local man were named receiver. Whatever is paid out in receivership proceedings must naturally come out of bank funds. Since the state banking department has men on its force who are paid their main salary by the state only natural that they could handle the bank affairs at less expere than an independent receiver Whatever saving is made in the receivership means just that much more for the depositors and even then not likely they will be paid in full." one official said today Wabash, Ind., July A marriage license was issued here to Glen Baker, aged 25. farmer of near Roann and Miriam Young. aged 16, living in Roann.
9.
August 4, 1933
The Indianapolis Star
Indianapolis, IN
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NAMED BANK RECEIVER.
WABASH, Ind., Aug. 3.-George D. Garber of North Manchester today was named liquidating agent for the Wabash County Loan and Trust Company which has been in ship for eighteen He was appointed by the state department of financial which took over the bank Friday following the death of who had been ing as receiver. Mr. Carter is mer North Manchester banker
10.
August 4, 1933
The Call-Leader
Elwood, IN
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NAMED BANK RECEIVER.
Wabash, Ind., Aug. 3. - George D. Garber of North Manchester today was named liquidating agent for the Wabash County Loan and Trust Company which has been in receivership for eighteen months. He was appointed by the state department of financial institutions which took over the bank Friday following the death of Q A. Carter, who had been serving as receiver. Mr. Carter is a former North Manchester banker.
11.
October 25, 1933
Leader-Tribune
Marion, IN
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Grants Petition In Banking Case
Wabash, Ind., Oct. 24. George Garber, representative of the state department of financil institutions handling liquidation of the Wabash County Loan and Trust Co., today filed a petition in circuit court asking authority to exchange approximration at par for each mortgage. with the Government Home Owners Corporation for bonds of that corporation at par for each morthgage. The petition was granted. There were 23 mortgages listed in the petition and it stated that bonds of the Home Owners Corporation are now quoted at 88 cents on the dollar, which is far more than could be obtained if the bank had to foreclose on the mortgages and sell the property at forced sale. Bonds of the corporation bear percent interest and run for a period of 18 years.