Muncie Post-Democrat, Muncie, Delaware County, 11 March 1926 — Page 3

THURSDAY, MARCH 11, 1926.

THE POST-DEta-oCRAT

PAGE 3

ANSWER FILED IN CONTEMPT CASL

(Continued from Page One) cure the reasonable enforcement of the law in said regard and t e United States district attorney for the state of .^ n o d ' a ”f f ,";l r an investigation ISsakUonditilrSanffthe same was in progress at '“ISThiTXSnftet <h 6 f»«t to h, that .11 of said officials and said Grand Jury well knew that said fedeial m vestigation was being made at said time and thao the same was t e result of their failure to perform their duties and to me publicity given to their said failure by this defendant and various others and divers citizens of Muncie. And that said police authorities, said sheriff and prosecuting attorney did unlawfully conspire and connive together to procure the indictment of this defendant and did procure this indictment for the wrongful and malicious purpose of discrediting this defendant and holding him up to ridicule, shame and disgrace before the public and for the purpose of procuring, inducing and bringing about a feeling of discredit and distrust against him in regard to the facts as published and given by him pertaining to the conduct of said officials. " And he further alleges the facts to be that while he was engaged in aiding said investigation and procuring facts for the use of the federal officers in making said investigation that said police officials entered the place where he was so engaged and then and there in colusion and conspiracy with said prosecuting attorney, sheriff and grand jury reported to said grand jury falsely and maliciously that he was then and there engaged in the manufacture, sale and keeping for sale of intoxicating liquor and said grand jury did then and there well knowing said report to be false maliciously return an indictment charging this defendant with the crime aforesaid. And this defendant further alleges the facts to be that the jury, commissioners, John Hampton, Jacob Kavanaugh, said sheriff, said prosecuting attorney and many of said police officials are members of a secret organization known as the Ku Klux Klan and they use and prostite their offices for the purpose of favoring and protecting other members of their organization, that said jury commissioners w T ere selected by this Honorable Court at the time of the publication and utterance of said article. This defendant did not know and does not know whether this Honorable Court is aware of the conduct of said jury commissioners hereinafter alleged and set forth and hopes this Honorable Court did not and does not know of the conduct of said commissioners and that in truth and in fact said jury commissioners have been and are engaged in selecting and placing names in the jury box for services as jurors of persons belonging to said secret organization and who will yield to and be governed by the unlawful acts, purposes and desires of said sheriff, prosecuting attorney and police officials in protecting the persons belonging to said order and friends of said officials in the illegal sale, manufacture and disposition of intoxicating liquors. That in truth and in fact the conduct of said jury commissioners in said regard has become so notorious and offensive that notice is taken thereof by the legislature of the State of Indiana and provision was made by special statute of the state passed and adopted at the last session of legislature authorizing and empowering and directing the Superior Judge of said County of Delaware to appoint separate jury commissioners for said court to select jurors therefor to avoid and escape the wicked and vicious influence and result of the action of ^said jury commissioners so appointed by this Honorable Court. And this defendant further says that the statements made in said article so made and uttered referring to the jury commissioners so appointed by this Court were not in any way intended as in contempt of this court, were uttered, published and given forth for the purpose of advising this Honorable Court of the illegal and wrongful act and conduct of said commissioners so that this Honorable Court could be advised thereof, and could and would, being so advised, act pertaining to said commissioners as the facts in the case would warrant and so that this honorable court would have before him the facts to warrant a full investigation of the conduct of said commissioners and said officials so that it could act fully and advisedly in the premises. And this defendant further alleges that in the publication of said article and report and the utterance of each word and sentence thereof he had no intention of purpose of in any way obstructing or interferring with or molesting the course of justice in said criminal prosecution so instituted against him, nor in any way influencing the action or conduct of the court before whom the case is pending or any jury or tribunal who may be called upon to decide this cause, but only for the purpose honestly and in good faith of exposing the wrongful and criminal conduct of those engaged m the illegal sale of liquor as aforesaid, and of said officials in protecting them in said conduct, and advising the Hon- * orable Court of the wrongful and illegal conduct of said officials and aiding and assisting the United States District Attorney and his assistants in making the investigation which was then and is now in progress. , , And this defendant further alleges that all that is said, uttered and published in said article set forth and complained of in the information and order herein concerning and pertaining to certain persons by the name of Kimbrough and Marsh and one Zene Smith and one Oesterle, and Dr. Quick, are in all things true as set forth in said article, and the defendant further alleges the fact to be that neither of last named persons are officials of this court. And this defendant further alleges that instead of feeling any contempt for this court or intending any contempt therefor, he gave forth and uttered in said report all of the statements and allegations thereof and says that the same were in all things true and he now on his oath asserts the truth thereof and further asserts and alleges that he is ready and willing to furnish and provide for the court, full and ample truth of each allegation thereof and will readily and gladly and in good faith aid and assist the court in investigating the truth of each and every allegation set forth in said article so published and complained of and will if the court desires furnish the names of witnesses and written and verified proof of the allegations herein contained and to make proof of each and all allegations. And the defendant further says that each and every statement uttered and set forth in said article complained of was made in good faith and he honestly believed the same to be true that no statement therein was libelous in any sense, that this defendant did not by uttering or publishing said article or any word or sentence thereof thereby intend to impune the motives or integrity of this Honorable Court or to interfere with or embarrass its proceedings in any way or manner. Wherefore this defendant prays your Honorable Court that he be purged of the charge set forth in the information herein and in the order to show cause herein and that he be discharged and for all proper relief in the premises.

24 SHIPS WILL TRANSPORT VETS BACKJT) FRANCE 30,000 Men Will Make Trip To Paris To Attend 1927 Meeting.

The Brookhart $250,000,0000 sur-1 plus marketing bill is being given the right of way in the Senate agriculture committee over all other farm relief legislation. 1

Europe’s leading statesmen are anable to reach an agreement with reference to the conditions under which Germany would enter the League of Nations and as a result both Locarno and the League of Nations may fall. It seems that the whole trouble arises from the question concerning the enlargement of the council in the League of Nations. Germany refuses to accept any binding obligations in advance as to what she vrould do when she is elected to the council. France is in-

dating that an agreement be reach-1 0ne 0 , th most compl ? te co!leo . ed to »Jm.t^pam to permanent includes all

Chicago is suffering from an epidemic of colds, influenza and pneu monia. During the last ten days, 71 y cases of pneumonia and 191 deaths from the malady were reported. This shows a higher death rate than ordinarily.

Albert J. Beveridge, former Unit ed States senator, spoke Sunday eve ning at the closing session of the

Indianapoks. Ind., March 11.—An American Legion Armada of twenty four ships, a peace-time movement five times greater than any in recorded history, will convey 30,000 veterans of the World war back to France in 1927, for the Paris convention of the Legion, declared Bowman Elder of Indianapolis, chairman of the France Convention Travel Committee of the Legion, today. For months Mr. Elder, together with other members of the committee, has been engaged in organization work necessary to provide transportation to fend from Paris and housing and entertainment there tor the army of Legionnaires, who will attend the' Paris convention and participate in the celebration of the tenth anniversary of the entry of the United States into the

World Avar.

“The greatest enthusiasm has been aroused all over the country by the announcement of the Paris convention,” Mr. Elder said. “Legionnaires in every state of the Union consider it ,an opportunity to realize a cherished ambition. Weave

particularly anxious to make the]

pilgrimage of the Second A. E. F. Gen. Lincoln C. Andrews, assistrepresentative of the entire Legion, secretary of the treasury, in The participation of Indiana Legion charge of prohibition, has begun a naires in the trip will be determined f jna i effort in which he declares by a definite quota, based on the ] ie ^ r y U p country by membership of the Indiana depart-. November 1st, or he will quit the

ment in 1928. Veterans should bear > service

in mind, therefore, that no one wifi '

ARRESTS WILL BE MADE IN RIOTING IN INDIANA MINES Warrick County Grand Jury Returns Indictments Against Eighty-Seven.

seat. The Spanish delegation has i 'the 1 obiec't.s"utcd by Jews in their already announced that it Spain ;‘^ ho XV e Sious Worship "rom the place concurrently with Germany i ^ 0( ,he T. orah J 0 , u,e she would resign her league mem-; " f f as f 61 . 1 f history ot Jewish b bin attainments in all the arts, has been * j purchased from S. Kirchstein, Ber-

I lin, by a group of American Jews ! headed by Julius Rosemvald. This

collection will be installed in the | Judge^Lind'sev

Hebrew

nati.

Union College in Cinein-

mug cii tiie v*. v—w | week’s program attending dedication

of the Trinity Methodist church at

Evansville, Indiana. After revisig the terms from disTwo automobiles and their occu-j the govermneut’s $150, pants dropped twenty feet into Blue ; . , < OO O J 0 Muscle Shoaxs project, the River when a span of the Marion ! benclt ®. has ad °P ted tLe Coo.iu 0 v

road bridge, two miles northeast '’ rrnt,npr

Shelbyville, Indiana, collapsed Sunday as the machines were passing

over the bridge. The four occupants ; ......... of the cars were only slightly hurt, representatives will be empowered

, to negotiate a lease along tne lines

Boh the Senate and House agri °£ Henry Ford s original offer for culture committees will continue the project, but with only a fifty-

hearings during the week on farm . y ear duration,

relief measures, the Senate commit-

Evansville, • Ind., March 11.—At least eighty-seven warrants for the arrests of persons named in the eleven indictments returned by the Warrick county grand jury Saturday afternoon, after an investigation into the mine riots in that county in February, will be issued by circuit

of Boonville this

resolution creating a congressional ! commission to negotiate a private lease for the property. The commission of three senators and three

tee considering the House co-opera-tive marketing bill, and the House committee continuing hearings on the Dickinson export surplus meas-

ure.

be permitted to take advantage of the unusual opportunities the trip affords who was not a paid up member of the Legio-i in 1926. Legionnaires are urged to take advantage of Legion Savings clubs established in banks all over the country and to begin negotiations now for obtaining four weeks vacation during the summer of 1927, in order that they may have both the time ond the money necessary for the trip. The minimum rate provided for the trip, which includes passage both ways, hotel and breakfasts in Paris and a trip to an American cemetery and an American Battlefield, is $175. It has been estimated that the entire trip can be safely and comfortably made for

as little as $300.

“We have undertaken a gigantic task, such as would not have been

Standard Oil Company and the Soviet government of Russia have concluded their first agreememt. which breaks down the State Department’s traditional Russian policy. A contract signed Monday at Paris, provides that the Vacuum Oil Company, a subsidiary of the Standard Oil Co., shall become the selling agent of the Soviet kerosene abroad. The Vacuum Oil Co., agrees to purchaser from the Soviet oil trust between sixty and one hundred thousand tons of kerosene at a price several dollars below the world market.

The Davis Manufacturing Company, Inc., of Chicago, has just signed a contract to buy the assembling building of the Haynes Automobile Company, at Kokomo, Ind., which is in the hands of a receiver. The price is $150,000 cash. The purchasing company manufacturers radio and phonograph cabinets and simi-

lar goods.

morning. In this number will be included persons in Spencer, Warrick and Vanderbough counties, it is

believed.

Two of the indictments returned by the grand jury after a five-day probe were drawn under the riot act. Eighty-seven persons were named in these two indictments. Of the remaining nine indictments three contained charges of assault and battery with intent to murder, and

six for assault and battery. More Than 100 Witnesses.

More than one hundred witnesses | from Newburg, Boonville and Evansville were called in the investigation of the grand jury. The probe was under the direction of Warren W. Matrin, Warrick county prosecutor, who immediately after the mine riots of February 16, made a personal investigation of the disorders. All non-union mines mines in Warrick county were visited by several hundred miners on February 16, near Boonville. Chandler and Newburg. At all of these mines the miners were called from their work, beaten and cuffed and ordered to remain away from the mines. At the Campton-Schimmel .mine, at Newburg, eight miners were severely beaten. Lee Gorbet being seriously

stabbed.

Charles W. Hunt, of Iowa, was confirmed by the Senate as a member of the Federal Trade Commis-

lask, sucn as wouiu not nave uccu sion after a fight which has extenddreamed of a dozen years ago,” Mr. j ed over months. His confirmation Elder declared. “We have received was opposed on the grounds that he

a cordial invitation from the Presi- was too friendly to big business. dent of France, who has assured j

the Legion the fullest co-operation. I President Coolidge. nas likewise given the project his hearty en-

Esablishment of a federal farm

board with a $250,000,000 fund to withhold surplus crops from the market and stabilize prices was the remedy for the farmer’s problems pres£pted to the House agricultural committee today by representatives of eleven middle western states. The farm board would be composed of twelve members, appointed by the President, from the twelve land bank districts and work through the

Department of Agriculture. More than 1,000 sparrows have

been trapped, banded and released as part of research work that is being conducted by Harold Wilson, a junior at the university of Wiscon* sin, under the direction of Profes* sor George Wagner of the zoology

department. | A sub-committee of the league of Oliver Wendell Holmes, associate ! nations met in session Wednesday justice of the United States Su- afternoon and considered Germany s 1 „ . (yv.i request for admission to the league preme Court, celebrated his eighty- ^ • . . . fifth birthday, Monday. Vigorous 1 aTlr1 dfir,ded that ^ermanv is ellw-

and erect despite his more than four score’" years and the wounds he received in the Civil War, the veteran

dorsement

Arrangements have been made to take over twenty-four vessels, not the cramped trans; >rts of war days, but luxurious ocean liners, which will carry the army of Legionnaires out of six American ports, sailing within four days. The ports selected are: Boston, New York, Montreal, Charleston, Jacksonville, Hampton Roads and Houston or Galveston, Texas. We will have the co-opera-tion of the French government railways and the American railways in providing special low rates to and from the ports of embarkation and debarkation.” o TAIL LIGHTS ON HORSES PRESCRIBED IN CHICAGO

Announcement has been made of a gift of $5,000 to the building fund of the James Whitcomb Riley Hospital for Children, Mr. and Mrs. Booth Tarkington, of Indianapolis. The gift is made in memory of iJieir

daughter.

The present prohibition law does not seem to be very popular. In sixteen cities- where the ballots have been counted the result was as follows: For the prohibition law, 8,219; against it, 85,400. For modification of the Volstead act to allow beer and light wines, 98,103; against it 7,416. Not a'single one of the newspapers conducting the polls has recorded a city in favor of pro-

hibition so far.

President Coolidge is concerned over the possibility of a treasury deficit because of the tax reductions and has asked Andrew Mellon, secretary of the treasury; Herbert M. Lord, director of the budget, and Representative Tilson, the Republican house leader ,to hold down expenditures.

justice walked to the corut as usual where he found his desk covered with flowers and congratulatory messages from friends. With one exception Justice Holmes is the oldest justice ever to sit on the

bench. . -

Chile and Feru In South America have spent more than $1,000,000 apiece in getting the‘United States to arbitrate their differences over the Tacna-Arica boundary. Half of the amount was levied to pay the expenses of the American Plebiscitary Commission. For half the amount they have expended either Chile or Peru could have purchased all the

land that is in dispute.

and decided that Germany is eligible for membership, however the deadlock that exists within the main body of the league is just as solid as ever after a conference Wednesday of the representatives of the powers which signed the Locarno

treaties.

Fire that broke out amidships of the United States Shipping Board liner America Wednesday morning' was brought under control after great amount of damage had resulted. The blaze extended to three decks and the approximate amount of damage will reach a million dollars. President Coolidge was forced again to send out an “S O S” call to Democrats in the Senate to prevent the defeat of a major item, the Italian debt agreement.

Chicago, March 11.—Tail lights for horses? Spurred on by the eloquence of Alderman D. S. McKinlay, a subcommittee yesterday quit jockeying and gravely voted to recommend to a committee that in the interest of kindness to animals, tail lights should be prescribed for equines on the bridle paths. o Seattle, Washington’s, new may-or-elect is Mrs. Bertha K. Landes, wife of an University of Washington professor. She defeated her opponent by 6,000 votes. She had previously served on the city council for four years. Her first statement is to the effect that the law in Seattle will be enforced.

Free:

In an election row at Hartramck, a separate municipality within the city limits of Detroit, William Marquardt, chief of police, shot one of his patrolmen, Charles Budds. Attorney-General Arthur L. Gilliom has petitioned the Supreme court to cite for contempt Edward S .Shumaker, superintendent of the Indiana Anti-Saloon League; Jesse E. Martin, of Indianapolis, a trustee, and Ethan A. Miles, league attorney. The attorney-general bases his petition on statements regarding the supreme court in the annual report of Shumaker. William Hirth, chairman of the corn belt committee before the house agricultural committee considering farm relief measures, was challenged by members of that committee to prove that the farmers were solidly back of the plan for federal intervention to dispose of surplus crops with assessment of an equalization fee. Mr. Hirth insisted that the farmers were solidly back of this plan. Dr. Albert W. Crum, physician for Colonel John C. Coolidge, father of the President, reported that the President’s father, was not quite so well Wednesday. Col. Coolidge has been ill at his home in Plymouth, Vt., for several months.

Farmers of Harrison county, Indiana, who have found it unprofitable to grow foodstuffs in recent years have turned to a new field, that of growing hurley tobacco. Senator Arthur R. Robinson will be in Indianapolis, Wednesday where he expects to meet the conn ty and district managers of his or ganization at the newly opened Rob inson headquarter in the Hotel Sev _ erin. Plans for an aggressive cam j paign will be outlined at this con

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