Decatur Daily Democrat, Volume 29, Number 286, Decatur, Adams County, 4 December 1931 — Page 1

■ weather ■ art .v cloudy and H e r preceded by V queries north■portion tonight.

URY HEARS MURDER TRIAL ARGUMENTS

WE DIGGERS ■tempt THEFT IgM CEMETERY H v of Milo Black Dug flto: Believe Theft M Was Motive ■eves FAIL V W OPEN BOX authorities 1 e an attempt _- ra v a! tile Decatur it is believed that K : tlie attempt ■■ ■ li'y. because w! a li was dug into M,.ault that vover■r cadwt was not large ■ r to lift the entire K from the ground. Milo Black. 4’l. L* a: ... hi. h was .... m.u k " [Tv.. A is of '.lns city ami - nmi I li" A. k Mis. Fora Meyers of tuwii-liip is the mother ■ Black. , aas brought here | last spring. ami .i mdd ■ •. . .lead man's weal ■ ■p-. These Were remoi . casket was tin- :.: •• the burial, but ■. ■ e diggers did mo I' I'.c. some time ei> !mr iim.vn m the cement vault va il was burst open. ■ -gers were fright ■ us.- the casket w ■ into. Ta!.: custodian Mph"i !■. .:■ y and imm< dim S a riff Burl Johnson Las' ■ riilirma:.. Burl Johnson and ■ Clark, city patrolman. He: til' ry all night b it Hggers did not return. Hrniai. reported that yesterHr s.i« -a ange automobile Hg through the cemetery but Hrivt-r dal not stop. Orders Hrwrii.il from relatives this Hr- for the vault to be repairHd the hole filled in. He the first attempted theft ■ a Kt... in Adams county in ■ ' 5o years, local people say. Black, widow of Milo Black ■'! to be in New York preparH> sail for Manilla for a visit Kelt iv. - A new clue was stu I■his afternoon when it wa-' Kd that the man had been bui- ■ a very valuable casket. Au■les believe the diggers might ■ been attempting to get the ■atives of the man have been ■ed and it was learned late ■ that they might order th? enHrave cemented. Boman Hurt Fatally ■wnington, Ind., Dec. 4.- -(U.R) ■* of blood from a severed ■ caused the death last night y; George Hinkle, 39, who was ■d a few hours earlier in an ■accident near Glen's Valley. y r occupants of the machine ■** only minor injuries. lI'STEE FACES [MD CHARGES I Shortage Claimed In familton County Osficer’s Books Blanapolls, Dec. 4. — (U.R) — A f e that Ingle B. Harris, Sher- ■ trustee of Adams township, B'ton county, converted $13,r In public funds, obtained pit fraud, to his own “use and Pt. was filed here by A. 1). ■ ’ examiner, state board Boountg. | alleged fraudulent transac- ■ date from January 1, 1928, 31, 1930, a period in whiqh P Bch ool building was erected ftetidan. pllng of pay accounts, in I Harris obtained township F nts f° r men wko were on his f “n tinshop payroll, and oth■teciillar transactions'' were citobtained from the warpNTINUED ON PAGE SIX)

DECATUR DAILY DEMOCRAT _ ONLY DAILY NEWSPAPER IN ADAMS COUNTY

01. XXIX. No. 286.

Attorney \\ aiker” at the Bar | L w ~ **** J 1 Ml Utt I ?A V’ -■ ? - «■ UHa ,1 ‘-i : w z n ’ ;r W I m x. . ' ’ -s i < X" l no l nr". g th " "l’"n Which Tom Mooney was convicted "S a tissue of perjury and h. M .,y.„. .| aniPS j Walker (rs New York called tl ‘J 8 "A d inM i i ,!:n n r ,1 '”" of the Prisoner who has been Francises, h 5 'T ' ' l>ho, ° shows Walked ia c°«rt at San a “ clseo as he made llls P'ea before Governor Rolph. With th? mayor, seated, is Senator John Hastings, of New York

ELKS PROGRAM IS COMPLETED — Musicale To Be Presented In Connection With Memorial A musical program will be given in connection with the ritualistic memorial services of the B. P. O. Elks to be held Sunday afternoon at 2:3p o'clock at the Elk's home in memory of deceased members i of the lodge. Mrs. L. A. Holthouse will direct the music, program. I. A. Holt- j house, grand knight of the lodge I and staff of officers will be in I charge of the ritualistic work. The I public is invited to the service. Six members of the Decatur lodge' died during tlie year. The service will be held in memory of them and the 38 men who died since the local lodge was instituted. The members who died during the year were: W. A Kuebler, Charles Hayslip. Arthur Wemhoff, , tUONT.NUEI’ PAHR Slai o — ♦ * TRIAL NOTES ♦ o “As good as could be expected,”; was Joe Everett's reply to a “Howl are you?’’ this morning He smiled and took the seat he has occupied j the past eleven days in the court i room. The crowd came early 'his morn-| ing. At 8:30 o'clock every .-eat was I taken and a number standing and at nine it was a capacity crowd. The jurymen looked very good today after a long seige. Charles H. Gage, the oldest member is 71. He says he is fine, excepting for a slight cold contracted yesterday. '. Frank Kuntz of Bern is the \ .eim • 1 est member of the jury This was the 12th day for the court, reporters, attorneys, bailiff and Charles Gage of the original panel and the eighth day for all. Ten or a dozen relatives sat back of the defendants table today and I as many relatives of the Wellings were around the state's table. The order has been perfect during the long trial and we doublt if ever a more perfect record has been made along that line. Judge Erwin's job has not been an easy one by any means but he lias performed it well and with dignity His rulings have been prompt and ap-| patently as satisfactory as possible: ’ in a trial of this magnitude. ( The indictment was filed Octo her 15, 1931. was No. 1. from the I September grand jury and is listed as case No. 3,000 on the Adams . circuit court docket. A number of people have attend ed every moment of the trial and several of them have stood practically all the time. Miss Anna Smith, court reporter was happy this morning when Attorney DeVoss announced, “the defense rests.’’ for tier important duties in the trial ended there for |the present at least.

Slate. Xationui i ntl ■ uieruutiunal

♦ Santa Claus Post Office Busiest Place By Steve Richards. Santa Claus, Ind., Dec. 4. —<U.R) — ; Santa Claus’ headquarters bustled I j i heerfully today with the rush of : Christmas mail that flows each year into the backwoodsy country store that is the post office of this little town of 60 people. The hundreds of thousands of Christmas messages written by 1 children all over the world already are arriving to be handled by jovial Jim Martin, postmaster and 'country store keeper, and his assistants who include virtually the entire population of the village. Letters born in the hearts of CONTINUWD ON PAGE TWO' OGDEN GIVES I REFUND RULING Farmers Who Intend To Use Gasoline in Machinery Get Refund I Indianapolsi, Dee. 4. —(U.R) —Farmers who “intend' ’to use gasoline in farm machinery may continue '■to collect gasoline tax refunds, an] i opinion given Floyd Williamson, ! state auditor, today by Attorney 'General James M. Ogden, holds. ' Williamson had asked Ogden if the I refunds should be made only after I the gasoline was used. Ogden ruled that farmers may file for refund any time within 90 dags after the purchase, and the gasoline need not have been consumed when the refund is made. Williamson revealed that from December 1, 1930, to December 1, 1931. the number of farmers to whom refunds were made, increased 34.230. Tlie refunds for 1931 were $1,219,641.84. an increased of $174,013.33. ——— ■ o Will Schumaker Has New Business Here Hill’s Idel hour Billiard Parlor opened today in the Ellis building, the proprietor being William Schmaker who for twelve years was employed at the Lose Billiard Parlor and about four months ago purchased a place in Fort Wayne where he was located until this week when he moved his stock here He will handle a full line of tobac cos, cigars and novelties and expects to enjoy a good trade among i his acquaintences. Bill was born and reared here and is well known. Rules Taxis Public Muncie, Ind., Dec. 4. — (U.R) — A taxicab is a public place, it was ruled by Judge L. A. Guthrie as he decided the case of Miss Helen Jones and Miss May Lawrence convicted on charges of public intoxication. Attorneys for the women filed pleas of abatement of sentence, on the contention that a taxicab is a private vehicle and that, under Indiana law. a person intoxicated in a cab is not "publicly'' intoxicated. Judge Guthrie overruled the pleas.

Decatur, Indiana, Friday, December 4, 1931.

POST OFFICE | BEING MOVED — New Building To Be Occupied Monday, L. A. |i Graham, States L. A. Graham, Decatur postmas-! 1 ter today announced that the local | 1 post of.ice department would trans- '< act business in the new post office 1 building corner Third street and ■ Liberty Way next Monday. After closing time Saturday even ing all fixtures and supplies needed 1 in the new building will be moved from the old building on Monroe street and business will be transacted in the new location Monday. The new federal building was dedicated last Tuesday with a patriotic and civic program. New furniture and fixtures are being arranged in the building and will be ready for use by Saturday night, Mr. Graham stated. The city carriers and the rural route carriers will start on their routes from the new building Monday morning the postmaster announced. A few finishing touches have to (CONTINUED ON PAGE FOUR) SANTA CLAUS, I GUIDE COMING All Children Invited To Visit .Jolly Old Man In Decatur Regardless of the weather, Santa Claus, will arrive in Decatur Saturday morning about 9:30 o'clock anjd will be met by the Decatur Junior Band and the children of th& community at the Monroe I street river bridge, east of Decatur. Santa Claus is traveling in a sleigh equipped with rollers so that it can be pulled over the roads and streets even if there is no snow. Bryce Thomas, central school principal will be in charge of the I parade and bays and girls who I wish to greet Santa on his arrival | here are requested to meet at 9:15 I at the Central school building or at the court house corner and join the parade there to the bridge. Decatur stores are beautifullydecorated for the city-wide Christmas opening which takes place Saturday. The stores also have an ex -1 cellent display of Christinas merchandise and invite shoppers to visit the stores Saturday. Santa Claus yvho is accompanied here by an experienced Indian guide and a dog musher, will remain all day and wants to meet every child in Adams County and vicinity. He (CONTINUED ON PAGE FOUR) BLAST CLAIMS STUDENT'S LIFE Sixty Hurt As Explosion Occurs During California Fire Berkeley, Calif., Dec. 4. —(U.R) — Explosion of gas in a burning home that blew firemen from their posts and scattered flaming brands among spectators today had taken a toll of one life and critically injured five, sixty others were slightly injured. Sherman Pepper, son of a University of California philosophy professor, who was standing a few feet from the house watching the blaze was killed in the sudden blqst which jarred the University of California campus nearby. Two others first believed dead were discovered later to be only critically injured. It was doubtful if they would survive. Escaping gas from a broken furnace filled the basement of the ' burning house. When it Ignited 1 with a sudden roar the building ' was literally blown to pieces. 1 Three firemen were caught in the basement, another was blown through the roof and many bystanders were struck by burning frag--1 ments. 1 Great sheets of blue flame shot into the air. Debris was hurled ' three blocks away; fire enveloped 1 the wreckage surrounding a gap- ■ ing hole left by the blast, spread(CONTLNUED ON PAGE FOUR)

.Johnson’s Photo In Indiana Farm Paper | An interesting story concerning! the activities of Sheriff Burl Johnson of Decatur together with the sheriff's photograph appear in the December 1 issue of the Indiana Farmer’s Guide. The magazine has a large rural circulation in the state. The article tells of the fine rec- 1 ord which Sheriff Johnson has established during his first year of j office and dwells chiefly on his activities recently in running down and causing the conviction of a 1 * number of chicken thieves. REPORT MADE BY RED CROSS 1 — 4 $428.50 Collected In Mem- ( bership Drive In Adams County ! i Miss Annie E. Winnes, Adams : County secretary of the American | i Red Cross reported a total of $428.- ; 50 received during the recent Red 1 Cross canvas held in Adams County j j before a meeting of the executive , board held in the Chamber of Com- L merce rooms, Thursday evening. 1 1 The money represents 309 mem-1 bers in Decatur and 114 in Berne. I Miss Winnes stated that a distri-t. bution will be made in the near fu- I, ture, when one half of the sum re-1 f ceived will be sent in to the National headquarters and the other half ( retained for charity use in this., county. ' f Several new members were added to the executive board forth ■ com- ■ ing year. They are -Mrs. J. A Long, Mrs. Richard Briggs, and Kenneth I ( Shoemaker, of Geneva: Mrs. C. T. L Habegger, Mrs. Thurman Gott-1, I schalk of Berne; Mrs. Grover Oli-j ; ver of Monroe; Mrs. Henry Brein-' er of Peterson, and Mrs. William i j Freitag of Preble. One mor< mem I ber will be chosen fiom the town of , Berne, it was stated. I. The Red Cross drive this year I , (CONTINUED ON PAGE FOUR) 0 GOOD FELLOWS FUND GROWING Boxes Placed In Local Business Houses; Will Give To Needy The patronesses of the Delta The- ‘ ta Tau sorority here presented the I Good Fellows Club with five dollars I today. The patronesses of the sorority are the Mesdames Charles j Voglewede, James Cowan and W. A. ; Klepper. The Good Fellows Club is an organization sponsored by the local I Delta Theta Tau sorority to secure funds to help the poor and needy of the city at Christmas time, with I food and clothing, and toys for the children. J The Club has been conducted each year previous to Christmas, | and many poor families of the city have received benefits from the organization. The public is asked to help in this | fine charitable work, and money may be placed in the money boxes located at the Old Adams County ! Bank, Joe Loses Restaurant, and , 1 the Democrat office. The money is I (CONTINUED ON PAGE FOUR) I Practice Is Planned All children of members of the Moose Lodge are asked to meet at the Moose Home at 3 o'clock Sat--1 nrday afternoon to practice for the 1 annual Christmas program to be i ’ held on Tuesday, December 22. I MHMMk I . ' [ | ZE GRECTINOS . I 1 I Shopping days 1/ till Christmas

l ? iirniNlie<l By I nited PreNN

PROHIBITION I VOTE CERTAIN, LEADERS SAY Both Parties Face Bitter Fights In Coming Session of Congress RULE CHANGE IS ADOPTED Washington, Dec. 4.—<U.R)— A vote on prohibition in the House of Representatives appeared virtually certain today and plenty of members are quaking in their boots over the prospect. Those who have straddled on prohibition are looking askance at the rapid trend of developments which have put both parties on record for changes in house rules which would permit 1 a vote. Republicans have approved a | modification of rules which would I give any bill in the house a vote if 145 members sign a petition. , Democratic leaders have come out for similar revision, and have thrown the issue into the party caucus to be held tomorrow. The democrats, who have been split more than once on prohibition, apparently are destined to face a fight in their party caucus as did republicans. leaders are seeking] to submerge the prohibition issue] as part of the rules fight, but it I forces its way to tlie front notwith-l standing. Republicans skirted about it for i two days during their discussion I of rules, asrd then it burst forth in I full flower at the final meeting yes- j terday. Rep. Hill. 111., a wet, fin- , ally brought up the controversial | subject, telling his colleagues they ] mjght as well face it. Drys then rallied to make a last I ditch fight. They supported an ] amendment to the “145 rule" which; would require 190 members to sigii i (CONTINUED ON PAGE SIX) o ._ Thompson Gives Talk Harry W. Thompson, former min-1 ister of this city, gave an interest- ] ing talk on “Industrial Slavery” I before members of tlie Decatur Ro-j tary club last evening. Mr. Thump- i I son, who was born in the vicinity ! I of the Pennsylvania coal fields, told of the conditions existing today in i [ the Pennsylvania, West Virginia ] I and Kentucky coal fields. He stated I ' that the men who mined coal were i ; merely more than slaves and that i i in most cases the men did not earn | 1 enough to pay food bills at the ■ stores owned and operated by own- I ers of the coal mines.- | Glen Beavers was in charge of I tlie program ami Roy Johnson, pre- ' I sided during the meeting. HOAGLAND TO HEAD K. OF P'S — Local Lodge Elects Officers At Thursday Night Meeting Marion Hoagland was named Chancelor commander of the Knights of Pythias Lodge, number 65, at a business meeting held in tile K. of I’. Home Thursday night. Other officers for tlie coming year include: Grant Fry, vice-chan-celor; Page Blackburn, prelate; Henry Dellinger, master of wonk; Joseph Hunter, keeper of records | seals; Janies Bain, master of fin- | ance; W. A. Lower, master of exchequer; Dr. Harold DeVor, master of arms; Paul Fisher, inner guard Elmer Chase, trustee, ami David Adams, installing officer. These officers will be installed at a special service to be held in January. o Thefts Thought Solved Fort Wayne Dec. 4 —A series of hold ups here, including two last Wednesday night, were believed by police to be solved witli tlie arrest today of Carl T. Patton, 24. ami Ralph J. Richter. 22. both of Fort Wayne. They were held in default of $10,001) bond each. Police said that a portion of the loot obtained in several holdups was recovered.

Price Two Cents

Mysteriously Shot b.. i Mystery surrounds the shooting of beautiful Doris Wilson (abpve), 2G-year-old University of Pittsburgh graduate ami daughter of H. M. Wilson, a leading Butler ; County physician. The girl died ] of a bullet wound at her home in i Eyans City, Pa., in the small ! hours of the morning. The tragedy occurred shortly after her return from a party with Richard Kelly, who is being questioned concerning events up to the time he bade her good night. EHLER GETS AUTO RULINGS — Poll Tax Receipt To Be Demanded Before Plates Are Issued J. L. Ehler, Adams county auto- ' mobile license bureau manager today received his instructions cn- | eerning disposal of 1932 automobile | license plates. One of the new i rules which will be followed by all I license bureaus is that all men, be- , tween the ages of 21 and 50 years, I who own automobiles, must projduce their current poll tax receipts, j before a license will be issued. All others, including women owners, men over 50 years age and corporations and partnerships are exempt from showing tax receipts. The 1932 plates will go on sale DeI cember 15, Ehler said, and the {county office located at the Adams I County Auto Co., building on Mad- | ison street will be open from S ] o'clock each morning until 9 o’clock I at night. Another new rule is the one concerning notary fees. Any person | applying tor a license, who preI viously lias had his application noi tarized. must pay a 25-cent service charge, the state rules indicate. I Mr. Ehler said that while his of- ' flee had regular hours, persons reI siding out of the city who got into Decatur after hours could obtain plates by calling his residence. Miss Betty Macklin, county deputy I manager, and Miss Ruth Macklin i will assist Ehler during the rush {season. Miss Betty Macklin is tlie I regular deputy and her sister is ■ the special assistant. The official instructions from the office of tlie Secretary of State pointed out that all managers , should extend their efforts toward courtesy and that persons not treated courteously are asked to report their grievances to the state department. o Filling Station Leased A lease for Cline’s Parkview filling station on the Bellmont road, east of Decatur, was closed today between Floyd Johnson of Berne and Jay Cline, who has operated the station since it was opened a year ago. Mr. Johnson took possession of ' the station today and will continue ' to operate it. The station is one of the most modern buildings in the county. The deal was closed by Col. 1 Roy Jolinsin of this city. Guild Plans Services The Girls Missionary Guild of the Magley Reformed Church will hold; a Thank Offering service in the church auditorium, Sunday, December 6. Rev. Meckstroth of Vera Cruz will be the principal speaker at the program. The meeting of the Mission Band of the Zion Reformed Church which . was to have been Held in the church Saturday afternoon, lias been postponed until Monday afternoon at ' three-thirty o'clock. All members i are requested to be present at the meeting Monday.

YOUR HOME PAPERLIKE ONE OF THE FAMILY

ALL EVIDENCE IS COMPLETED; NEARING CLOSE Nelson Opens Argument For State; Asks Jury For Guilty Verdict EACH SIDE GETS 3 HOURS BULLETIN The case will go to the jury it is now expected about 10:30 tomorrow morning. Judge Erwin stated this afternoon that he would continue the afternoon session until six o’clock that the arguments may be com pleted but will not instruct the jury until Saturday morning at 9 o’clock. At three o’clock this afternoon the state had used one hour and ten minutes of their three hours for argument and the defense an hour and a half leaving some thing over three hours to be used if so desired. The state of Indiana rested in the Everett murder trial at 9:53 o’clock this morning. The (defense asked time for coniference and at 10:25 o'clock | announced they had no sur-re-i buttal evidence to offer and I rested. At 10:26 o’clock Nathan Nelson, prosecuting attorney, (began his argument to the jury speaking an hour and ten minutes. closing at 11:36 when Judge Erwin adjourned court until 1:15 o’clock. It was agreed that three hours‘on each side should be tlie limit and it is expected the argilI ments will close about 5:30 o’clock; ' this afternoon when ('. J. Lutz, representing the :,tate. will conclude his argument. Mr. Nelson read the indictment as returned by tlie September grand jury and then devoted about a halt hour in giving law citations. He discussed the legal matters pertaining to tlie trial —premeditation, reasonable doubt, tlie light of tlie jury to determine tlie law and citled many Indiana cases in support of ills contentions. He maintained that Everett in coming 250 feet across the river showed premeditation, that there is no reasonable I doubt in this case and that the jurymen are sole judges of tlie law as well as the evidence. Mrs. Werling, widow of tlie slain . man, sat at the east end of the state's table, surrounded by her , parents and by relatives of the deceased. Occasionally there were tears in their eyes. Mr. Nelson reviewed the evidence briefly and said Joe had the only , j weapon there and shot Doras Werl- | ing down like a dog. Only because , his gun jammed James Halberstadt [ is alive. "The case has been well L presented,’’ said Mr. Nelson, “ami , the responsibility is yours, gentle- , men of tlie jury. The state insists on a verdict of guilty.” When court convened this morning the defense called Sheriff Johnson, who testified that lie saw GerI aid Fry in Garwood'.! garden the night of tlie affair and that lie pointed out to him and several others where he stood, about ft) feet from the bank, when he heard tlie first (CONTINUED ON PAGE FIVE) PRIZE CATTLE DISPOSED OF L - . . - _ Stock Show Winners Placed On Auction Block Today Chicago, Dec. 4.—(U.R)—Sale by auction of the prize cattle raised by youthful livestock producers was to be the final major event of the International Livestock Exposition . today. The blue-ribbon animals, like those of their elders which were auctioned yesterday, will be sold 1 to leading packers and meat dealers to be put on sale for tlie Christm s trade. Many of the animals on the block have been raised al--1 most us pets by tlie young stock 1 (men and women. | Tlie champion draft horses of '{the show had been named today. 1 The grand champion Clydesdale (CONTINUED ON PAGE FlUa)