Muncie Post-Democrat, Muncie, Delaware County, 18 March 1926 — Page 1

THE POST-DEMOCRAT

VOLUME 6—Number 10. MUNCIE, INDIANA, THURSDAY, MARCH 18, 1926. Price 5 Cents a Cop^—$2.00 a Year IS UBERTY OF CONSCIENCE, SPEECH AND PRESS TO BE NAILED TO CROSS?

WHY GAMBLERS LEAVE HOME

On Friday, February 26, the day the glad news came down that the -eupreme court had knocked the Post-Democrat a curve, the gamblers were given word to “open up” in Muncie. The boys hopped to it and for two weeks, lacking one day, trained dice in five “do or don’t” crap Joints were not allowed to become •cold for a single instant. Then, on Thursday, March 11, Deputy Sheriffs Inlow and Rowan, under instructions from Sheriff McAuley, went with unerring instinct to the five gambling houses and respectfully petitioned the managers of the games of chance to -close up. Since that time the gamblers have been running around In circles trying to find out why this cruel thing bad happened. They all voted for Hampton, put their money in his -campaign kettle, and had been promised by the former jury commissioner who became mayor that the town would be theirs, allowing a decent interval for mourrning the •decease of the Quick administration, which frowned upon organized 'gambling. t They did not open up their skin games until Hampton gave the word. They played square and let Hampton make the rules, and then, having complied in all things with the requirements and exigencies of the situation, the sheriff broke up their play house in less than thirty minutes. The gamblers now feel that Hampton’s promise to make a bigger and better Muncie, can never be fulfilled. They had been assured by administration forces that the sheriff’s office would not bother them and the fact that forty policemen and one hundred secret snoopers had been tested out for two weeks and found to be one hundred per cent deaf, blind, gagged, hog tied and helpless, encouraged them to believe that Hampton would be able fTriteli'' >r Several theories have been advanced as to the particular reason why the sheriff put on the clamp. One is that Billy Williams and Mayor Hampton clashed over the spring opening of crap shooters: That Billy thought the opening should not take place until after the primary, but that Hampton, harried by the boss crap shooters, stood pat on the boss, told the •“thin skins” to go, and that Billy put on the dampener. Another explanation is that the dear brother at the Jackson street Christian church, Rev. What’s His Name, bleated like a Billy goat when he found out that his dear friend John, had gone wrong. The dear brother, who helped underwrite John’s performances, along with Bob Hinshaw and Clarence Dearth, was ,no doubt horrified when he discovered that the new mayor, whom he had endorsed so emphatically in a political advertisement disguised as a church program, had done such a nauhgty thing. The brother no doubt fully expected that by this time pin feathers ought to be sprouting on the new mayor’s shoulders. Instead of angels’ wings and harps and things, and Muncie transformed into a New Jerusalem, we’ll tell the cockeyed world, including the Jackson Street optimist, that the horns and tail of the Evil One have pushed the wings and the harps out of sight, Monte Carlo is our moniker instead of New Jerusalem. One gambler believes that Judge Dearth, hearing of the rattling of the bones, and remembering how he vainly plead with his Riverside neighbors to vote for Hampton and save the boys and girls, put the

squeeze on Sheriff McAuley and ordered the cleanup to be made. This is discounted, however, by some, who declare that the judge would surely require the grand jury to make some investigation, if he knew the crapshooters’ union had come into its own. The Post-Democrat, worried over this unwarranted intrusion of the sheriff on the innocent diversions of the law breaking fraternity who voted for Hampton, has made many inquiries, but in the absence of direct evidence, can only draw conclusions, based upon the concensus of the opinion of those directly and indirectly interested. The grand jury, now in session, could very easily obtain all the facts, but such a proceeding might make it awfully unpleasant for Mayor Hampton, Prosecutor Ogle and some others. One gambler informs us that before opening the crap games, they were instructed that they must all be operated above the ground floor, that they must close at midnight and that the bets must be limited to ten dollars. To a real crap shooter, trying to beat the “bank,” the ten dollar limit is obnoxious, but it suits the local gamblers, since it makes it impossible for some fellow to get “hot” and ramble home with the bank roll. In gambler’s parlance, the games started here February 26 are of the “do or don’t” variety, and that in order to make it impossible for the suckers to get away with a dime, the boss gamblers have barred the ace-deuce and have taken the nine from the “field,” a procedure which adds about even hundred percent to the game keeper’s advantage. It is said by some that these devices and restrictions, calculated to eliminate, completely, all element of chance, and make shooting craps in Muncie mere petty larceny, led to the sudden closing up of the joints, one of which is so close to the private office of lodge P’ererice Dearth, that a stone, accurately heaved from the window of his office in the court house, would crash through a window and come to parade rest on a crap table. Red Hawkins, a real gambler, who uses square dice and permits the player to name his own limit, wanted to break into the game. It was arranged that he was to “cut in” with one of the local pikers, but Red wanted to make some of the terms, one of which was that he was to put up the bank roll for a local race track bookmaker whose name is anathema to Bob Hinshaw, the regular, administration broker in horse bets. Red operated in Fort Wayne during the city campaign, but it is said that his interest in politics here did not cease after leaving Muncie. Without doing, or saying much about the Muncie political situation, Hawkins is said to have produced powerful arguments for certain candidates, which were peeled from the man’s sized bank roll which he generally carries concealed about his

person.

After contributing liberally to the machine republican campaign fund, it seems only fair that he should have been allowed to come in on his own terms, since the local gamblers’ union contributed pennies where he threw in dollars, but when he discovered that he was to be barred out, he left Muncie a week ago Wednesday and on the following day the sheriff closed the gamblers, and the youth of the city, for whom Judge Dearth sheds many tears of sympathy, are now, temporarily, at least deprived of further opportunity of improving their minds, morals and manners at the do or don’t academies of learning.

House Passes Bill Nelson Mentioned To Control Radio for State Auditor

Washington March 18.—The first big piece of radio control legislation to receive approval Of either branch of Congress was passed yesterday by the House and sent to the Senate. The vote was 218 to 124. It was embodied in the White bill, designed to create a Federal radio commission of five members to cooperate with Secretary Hoover in keeping order in the air, where broadcasting and other forms of wireless have operated in some instances, with great confusion. Opposition to it centered about the contentions of some members that no machinery was provided that would insure against radio monopoly and that it gave the secretary too much power. o A survey of the official estimates of the United States Department of Agriculture of the total wheat production in the principal states in 1925, shows that the province of Saskatchewan, Canada, produced •more than twice as much wheat as the leading state of North Dakota, and a volume equal- to the combined production of the next six leading states of Kansas, Washington, Nebraska, Illinois, Montana and South iDakota. .

Ft. Wayne, March 15.—Stanley P. Nelsop of Auburn, proprietor of the Nelson Monument company of Fort Wayne, is being urged by his friends to become a candidate for the Democratic nomination for auditor of state. Mr. Nelson was formerly chairman of the Democratic organization in the district and a member of the Democratic state central committee. He served as district chairman during two congressional campaigns. As a member of the state committee he formed a wide acquaintance over the state. o Considerable discussion has been stimulated since President Coolidges’ conference with the sub-committee of the national executive committee of the Anti-Saloon League as to whether Mr. Coolidge will take an active or passive part in the prohibition controversy which is develo oping daily in Congress. Arthur Woods, former police commisioner of New York, has been appointed by the Council of the league of nations to be an expert attached to the leagues permanent advisory commission on opium.

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Gambolling On The Green

Of course Hampton may defend his action in turning the city over to the crap shooters on the theory that there is no gamble to it—merely a sure thing.

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And wasn’t it awful that it was necessary for the sheriff to perform the duties supposed to be looked after by the local police ? And Hampton in office only two months!

How did the two sheriff’s deputies go so unerringly to the five gambling houses? Why doesn’t the grand jury ask him how he found out they were there and how it came that they were allowed to run two weeks and rob boys in their teens out of thousands of dollars before they were closed up?

Judge Dearth has much to say about the helpless boys and girls and seems to be resolved upon saving them. Boys under age are the chief patrons of the chicken feed crap games which Judge Dearth’s friend, Mayor Hampton, allowed to run in Muncie until the sheriff closed them up. If Dearth really means what he says, he will order a complete and sweeping grand jury investigation of the conspiracy, entered into long before the city election, to turn Muncie over to swindling gamblers. The whole thing reeks.with slime. It would mean renunciation of certain political associations for Judge Dearth to use his powerful influence to unearth this conspiracy. Has he got the courage to do it?

Vvhere does Proseeutoi auu witn the gamblers? He knows that they have been runn't g. He knows that the sheriff closed them up. Has he the strength of mind to conduct an honest grand jury investigation, which will not only disclose that the gamblers opened with the assurance of protection, but that they financed the campaign of the mayor who permitted them to open?

The Indianapolis News says Shumaker will merely have to prove his story and there will be no contempt. Reading the Muncie contempt opinion the News will find out that the truth is no defense. Brother Shumaker might just as well tell his story to Sweeny as to the supreme court.

A cow kicked over a lantern and Chicago burned. Truth will forever stand enshrined as a soverign virtue, despite the edits of kings and Italian premiers. The people of America will never consent to any interpretation of the constitution which makes subjects, instead of citizens, of them.

MAYOR OF ELWOOD WILL MAKE RACE AGAINST VESTA!

i Prepare To Keep U .S. Flag on Seas

the publicity committee and a larj attendance at the dinner from Ja Randolph, Wells, Madison and Del ware counties is expected.

Democrats of Eighth District To Back W. A.

Faust In Race.

At a meeting held in Muncie by the Democrats of the Eighth district, yesterday, attended by District Chairman James R. Fleming, of Portland, W. A. Faust, mayor of Elwood, announced that he will be a candidate on the Democratic ticket fo rcongressman in the Eighth district, seeking the seat held for the past tent years by Albert H. Vestal, Republican, of Anderson. Representatives of the Democratic party from each of the six counties comprising the Eighth district, met in Muncie yesterday to make final arrangements for the annual dinner meeting to be given on the evening of March 25, at the Hotel Delaware. Mr. Fleming says that assurance has been given that the six candidates for United States senator, with aspirants to state officers, will attend the dinner at Muncie, as will also Walter S. Chambers, of Newcastle, state chairman, and Mrs. A. P. Flynn, of Logansport, state chairwoman. A number of prominent Jay Randolph, Wells, Malison, Adams and Delaware counties is expected, this dinner. Vincent W. Jones has been made chairman of the general arrangements for the banquet. Plans to give wide publicity throughout the district are being arranged for through C. W. Galliher, chairman for

Washington, March 18.—Formal notice was served yesterday by the Senate on foreign shipping companies that the American flag will be kept on the high seas by the Federal government itself, if necessar^ This notice was in the form of approval of a $10,000,000 fighting fund to enable the shipping board to operate ships or lines which may have to be taken back from private operators because of “competition or other methods employed by foreign ship owners or operations.” GEORGIA PEACH CROP IS DAMAGED BY COLD

Ft. Valley Ga„ March 18.—Revised estimates by growers placed the damage to the middle Georgia peach crop from the recent cold wave at about 50 percent of promised production. Several days will elapse, however, before definite statistics can be compiled. The Georgia Peach Growers exchange has sent experts to the orchards to check the loss. a Final negotiations for the consolidation of eighteen concerns which have been quarrying the same stone in the same district, and selling for approximately the same price, located in the district around Bedford and Bloomington, Indiana, have aboue been completed. The new organization will be known as the Indiana Limestone Quarries Association and $40,000,000 is involved in the deal.

Chapman Counsel Plans Final Plea

Hartford, Conn., March 18.—Counsel for Gerald Chapman, murderer and mail robber, have under consideration an effort to secure through habeas corpus proceedings in federal court a review of the entire case, it was understood yesterday. Chapman, convicted of the murder of Policeman James Skelly of New Britain, on October 12, 1924, will be hanged on April 6, unless counsel are again able to get the case into the courts and postpone the execution. o New fire and theft insurance rates on all classes of cars throughout the state are to be increased beginning with last Monday. Schedules approved by Thomas S. McMurray, state insurance commissioner, provide for approximately a 1 percent increase in fire rates. The rates for Indianapolis, Jeffersonville, New Albany and Terre Haute are 3.7 percent higher and for the remainder of the state, 2.43 percent higher. Collision rates will be reduced under the new schedule. o Jewelry bandits made a big haul in New York’s east side Sunday. Entering a jewelry store on Essex street they overpowered the proprietor and escaped with the contents of his safe, to the value of between $90,000 and $100,000. Cash and heavy jewelry were ignored. o The Farm Relief delegation from eleven middle Western states meeting in Washington have drafted a bill to set up Federal machinery to handle the surplus farm crops. This completed bill will probably be submitted to the House agricultural committee today.

o Judicial Censorship of Newspapers Threatened Under Effort To Destroy Rights f Conferred By Constitution.

The conviction of the editor of the Post-Democrat for contempt, and a subsequent affirmation of the judgment of the lower court by the supreme court of the state of Indiana, seems to be in line with a world-wide movement calculated to established an absolute judicial censorship over free speech and a free press in those nations whose law makers believe in an imperialistic, instead of a democratic form of government. The Muncie Star Tuesday morning contained the following Associated Press dispatch from Florence, Italy: “William Ellisson, an Englishman, charged with haying made ‘offensive remarks’ about Premier Musso^ lini, has been sentenced to eight months in jail and fined 1,500 lire. The court held that a recent law making such conduct criminal, was applicable to all foreigners.’^ O —j

Thus does the doughty Mussilini compel ‘respect” in his Italian despotism. Lenin, the Russian leader, goes still further in forcing the press to bend to his will. Newspaper men who oppose the soviet government immediately become candidates for prison sentences and their plants are confiscated and publication is suspended by ukase more absolute than any royal proclamation of the late lamented Romanoff tribe. Judge Dearth, it will be recalled, while in the act of sentencing the editor of the Post-Democrat for publishing “offensive remarks” about the instrumentalities of his court, asked the defendant why he did not go to Russia, if things didn’t suit him here. If the supreme court opinion, declaring that the truth is no defense, is to stand as the law of Indiana and the nation, then it takes merely a flip of a coin to decide which country offers the most attraction to the newspaper fraternity, Italy, Russia or the United States. \ The Virgin Islands, possessions of the United States, lying between Cuba and South America, after nine ys&rtu -cC Anaepics® kjLv nesv wish they had never been traded off by Denmark. Rothschild Francis, editor of the “Emancipator” of St. Thomas, was convicted by an island judge of libeling a police officer by an article in the “Emancipator.” The “Nation,” commenting, says: “He was later convicted of contempt of court for criticizing in his newspaper the verdict against him. The Philadelphia court, by a queer twist of logic has upheld the sentence for contempt but overthrown the verdict of libel upon which it was based. Is it that a judge may call a court wrong but ah editor may not? The Philadelphia decision will probably be carried higher. More needed is a general movement to take away from the courts the usurped and unconstitutional power to punish for contempt. It constitutes an illegal and unauthorized censorship of the press.” The Post-Democrat cannot possibly bring itself to the view that the decision of the Indiana supreme court in the Muncie contempt case was either good law or a correct interpretation of the constitution. Who in Muncie, for instance, would have any respect or veneration for a constitution which confers upon any judge the right to punish, summarily, for contempt, construing such right to be one of “original jurisdiction,” empowering the court to inflict punishment regardless of the truth or falsity of the words spoken or written? My great-great-grandfather, Colonel Cole, bared his sword and died on the field of battle in the Revolutionary war. My grandfather’s brother, Major Levi Reynolds, fought with the thundering legions of Uncle Sam through the Mexican war. My Father, Daniel D. Dale, second lieutenant, Company K, Twentieth Indiana Infantry, fell desperately wounded in the sanguinary battle of the Wilderness, and in the late war the only eligible for military service in my family, Lawrence Dale, of Troy, Ohio, was a commissioned officer in the American army. I helped, personally, to organize and enroll a company of infantry at Hartford City for service in the Spanish-American war and in a mass meeting of those accepted for military service, held in the courtroom at Hartford City, was unanimously chosen second lieutenant. That the company did not engage in the war was not due to any Intent to avoid military duty, but due to an “overproduction” of volunteers who offered their services in that affray with a foreign enemy. This record is not offered boastingly, but comes from one whose ancestors fought for liberty of speech and conscience and the emancipation of an enslaved people, and who would consider himself to be possessed of less than one tenth of one percent of the one hundred percent Americanism boasted of by the organization responsible for his numerous prosecutions, if he would tamely submit to the dictum that free speech and a free press is to be subjected to judicial censorship. In February, 1923, I was indicted on a false and malicious charge “of then and there having in his possession intoxicating liquors in violation of the laws of the state of Indiana, ad then and there unlawfully and

keeping in his possession intoxicating liquors with the intent then and there to sell, barter, exchange, give away, furnish and otherwise dispose of the same to persons to the grand jurors unknown, and of then and there unlawfully assisting in maintaining a common nuisance.” An editorial excoriating those responsible for the indictment and arrest, charging the prosecution and indictment to public officials who belonged to the Ku Klux Klan, and branding the indictment as false, formed the basis of the subsequent actions for contempt. Later, after the alleged “contemptuous” editorial had borne fruit, and the contempt cases appealed to the supreme court, Proses cutor Ogle who conducted the grand jury “investigation” which led ter the liquor indictment, went into court and on the specious plea that since the supreme court had held! that “possession” was no crime, there were no further grounds for prosecution, and upon his motion to dismiss, the case was wiped off the court calendar. This was done without the authorization, solicitation or consent of the defendant, whose attention was _fir?t f-nttad tr» jr w reading it the next day in the Muncie Star. . t This was an admission that the Post-Democrat had told the truth. The intimation of the prosecutor was that in dropping the hot potato he fell back on the alibi that “pos-. session” being no crime, the case would have to be dismissed. What ground did he have in presuming even that the defendant had any liquor in his possession? If any such, evidence went before the grand jury and we would like to see the color of the hair of the one who so reported it, it was a damnable lie. But what of the other charges, so solemnly declared to be true by Prosecutor Ogle and his grand jury, that the defendant possessed liquor with the intent to barter, sell and give away, and of assisting in maintaining a common nusiance? Wo cannot believe that any such information went before the grand jury and Ogle himself knows that such a charge against the defendant would subject anybody else but a privileged official, exempt from the ordinary processes of law, to immediate arrest for criminal libel. It is therefore to be inferred, as in the case of the Virgin Islands editor that the publication of the truth was a grave crime and the supreme court of Indiana must have viewed the Mupcie case in the same light. If the dignity of the courts is to be upheld and proper respect for the judiciary observed, it must rest upon a foundation more secure than, the ukase that the truth is no defense. As a matter of fact, the editorial complained of, did not contain one tenth of the truth. The liquor indictment was based upon an occurence in the office of Gene Williams, when a posse of police kicked in the door and there found the editor of the Post-Democrat with Williams, Court Asher and Robert Crabbs. Not a drop of liquor was found in the room, but if the police had found a barrel no crime could have been charged against a visitor in a law office where it was found. It was known to the police] the prosecutor, the sheriff and others of the Ku Klux official outfit who had been protecting Ku Klux bootleggers, that federal officers were in Muncie investigating their conduct, and that Gene Williams was in touch with the officers and had secured signed statements from members of the underworld of a highly damaging nature. Van Benbow, then chief of police, terror stricken at the federal investigation, even went to the length of assigning an officer to watch Gene Williams’s office in the W f vsor block. Billy Simms, a colored patrolman, appointed the first year of the Quick administration, was seen going into Williams’s office by the officer selected to watch and report. Simms was at once “called on the carpet” by Benbow, who wanted to know what he was doing in Williams s office and in the first week of March, 1923, about a week after Benbow’s police had battered in the door of the Williams law office, Simms was discharged from the force without any adequate reason being assigned. The editor of the Post-Democrat (Continued to Page Two)