Indianapolis Recorder, Indianapolis, Marion County, 6 April 1935 — Page 1

SCOTTSBORO BOYS GRANTED 2nd TRIAL BY U. S. SUPREME COURT

Court O.K.’s “Lilly White” Democracy

EGULAR EDITION

VOL. XXXIX. No. 20

INDIANAPOLIS, IND., SATURDAY, APRIL 6, 1935

SEVEN CENTS IN STATE, TEN CENTS ELSEWHERE

FORGING AHEAD IN THE RECORDER’S $3,000 CONTEST.

SOUTHERN STATE TO PUSH ALA. BOYS TO THIRD

V /

WASHINGTON, April 5 — Speaking with dramatic forcefulness. Chief Justice Hughes, of th^United States Supreme court, read Monday the new bill oft rights for the American Negro when he delivered the Supreme <M)url opinion reversing the verdicts in the now famous Scottsboro trials, before the court for the second time from the State of Alabama. The action of the Supreme court guarantees new trials for Heywood Patterson and Clarence Norris, two of the so-called Scottsboro boys, who were convicted at Decature, Ala., of an attack on Victoria Price, at Paint Rock, Ala., near Scottsboro, in March, 1931. This was the second trial for Patterson and Norris.

Three Trials

TRIAL UPHOLDS TEXAS

PRIMARY BAN

BULLETIN MONTGOMERY, Ala., April 5—Despite the second reversal of the death verdict for two of the Scottsboro boys by the United.. States. Supreme

bama, defying popular sentiment and an overwhelming mass of evidence proving their innocence, will again bring the boys to trial and insist on the death penalty, Lieut. Gov. Thomas E. Knight, Jr., stated upon learning of the court’s action. Mr. Knight was attorney general and served as chief prosecutor in the three trials of the boys.

200 TRACK MAN ALREADY JAILED

FOREST CITY. Miss.. April 5.— (ANP)—An armed posse of' 200 •white faeth- follow4«g the 'seerreb of the countryside for many hours, found that the object of the search, Roosevelt Twitty, 20 years old, had been arrested on the streets of Rutherfordton Monday afternoon. The youth is being held in the county jail at Rutherfordton on a charge of assaulting a young white girl on a farm near here. The usual story; the girl, daughter of a tenant farmer, was preparing to take some water to the field hands, when Twitty. a tenant on the same form, forced his way into the house and attacked her. Her mother hearing her screams, vushed back to her daughter's assistance and struck Twitty several blows with a stick

HOW THEY STAND THIS WEEK

At the first trial, held at Scottsboro, Ala., all .nlue of the boys were convicted and eight were sentenced to die, one being given a life term because of his youth. The Supreme court reversed the verdicts in these trials on .the grounds that the boys had not the proper benefit of counsel and a

fair trial.

The second trial of Heywood Patterson was held at Decatur, Ala., with Judge James Edward Horton presiding At this trial. Ruby

SUPREME COURT ETHIOPIA QUITS

WASHINGTON. April 5 (ANP)—Opening the way for exclusion of Negroes from the. Democratic party in all -• southern 'stalks, the United States Supreme court Monday handed down a deHsion sustaining the method employed in Texas to keep Negroes from voting in the -Democratic

primaries. -

In 1932 the high court had held invalid a state law which restricted the party membership to white citizens. . • Thereafter, the party organization adopted a rule based on such restriction, but withoujt the backing of a state law. ‘ , The Supreme ourt decision sets up that a political party is a voluntary organization and may prescribe the qualifications of its

.nembersliip.

The case was carried to the Supreme court by R. R. Grovey, of

state laws, he was prevented from voting in the Democratic primary

in July, 1934. through refusal of iaiwu

Rates, one of the alleged victims, the county clerk to give him a | * Y* of attack, repudiated testimony giv- lot- p oreigners

He sued for damages.

X-IQ <2 f11 vif V ni'oYS! Q wVlfl r* Vl o T*or.

ed tl»fc-«Uh<iu»h. Jiualitl€<i tlle entire country ready

NEGOTIATIONS WITH It DUCE ADDIS ABABA, Ethiopia, April ’6t—Authoritative sources revealed t • this week that Ethiopia is moving troops up to her frontiers to combat the massing of Italian forces in East Africa. Those close to the government

*

were quick to say that the moving of Ethiopian troops to the border was merely for defensive purposes filing the Eritrean and Italian

Somaliland borders.

The troops are better armed than the tribesmen of Ethiopia. They are under strict orders from

the Emperor to avoid contact with the Italian border garrisons. KANSAS CITY, Mo.—(ANS)— While Ethiopia is not preparing Ben nie Moten, nationally known to make an attack on the Italian! (1ance orchestra leader, died Tues-

forces it is explained that the Em

Mrs. Carrie M. Ross (right 1 ) nd Mrs. Tillie R. Bennett (left) e two contestants in The Re order's contest who are stag ig a thrilling, race. for. the 1,000 grand prize.... Mrs Benett Is a Juvenile Court invesigator and* active political .and nd church worker. Mrs. Ross , also a church worker and is ictive in the W. C. T. U. Both are widely known in the

city and state.

BENME MOTEN, WELL ORCHESTRA LEADER,

KNOWN PASSES

DISTRICT 1 (Residents of Indianapolis

Following are the names of contestants and their stand- j cause of

ing of this week’s Merit Votes:

Mrs. Norean Williams ... _ Mr*. Tillie R. Bennett _.i-^

r-n in the original trial at Scottsboro, but, in spite of this, Patter son was convicted. His attorneys appealed for a new r trial and Judge Horton set aside the verdict holding that the weight of the evidenc'

was against conviction.

This action on the part of Judge Horton aroused great resentment in Alabama and he was forced out of the third trial. When he came up for reelection, he was defeated because of his action iu reversing

the Patterson verdict.

Judge W. W Callahan was substituted for Horton in Patterson's third trial. Defense counsel expressed bitter resentment over Callahan’s conduct at the trial and he was dubbed “Speed” Callahan be-

the matter in which he

The Cupreine court held that Grovey had not been deprived of any constitutional right, apparently holding to the theory that the Negro had the same right to set up a political party and prescribe the qualifications of the membership

SEE TRICK IN POLICY ATTACK

Miss Betty Sparks j Miss Annis L. Gray __ Mrs. Galena Gore .. ..

Mrs Carrie M. Ross j Rev. R. D. Leonard

Mr. L. M. Sweeney __ .1

Mrs Susie Goodwin .

Mr. John E. Robinson Miss Verla E. Bedenbaugh Miss Thelma L. W. Brooks Mrs. Katherine Gaddie Mrs. Louise Hunter 4 Mrs. Mary P. McGuire .. Mrs. Addie Sneed __ r

Father M B. Mitchell -4—

Mrs. Ed. Brown Mrs. J. K. Etter

Mrs. Mary Butler Mr. Henry Sleet — Mr. L. B. Evans — Mrs. Elizabeth Poole

5.000,000 4,900,000 4,800,000 4,800,000 4,700,000 ^ 4,600,000 4,500,000 4,400,000 _ 4,400,000 4,400,000 4,300,00 4,300,000 4,300,000 4,200,000 . No Report This Week No Report This Week No Report This Week No Report This Week . No Report This Week 10,000 10,000 10,000 10,000

to rally to him.

ADDIS ABABA, Ethiopia. April 5—Taking special measures to

in the capital

against possible hostilities. Emper(Continued on Page Three)

LOCAL WOMEN LEAD CONTEST

Mrs. Norean Williams and Mrs Tillie R. Benneft staged a thrilling fight for first* place honors in (he First District Recorder Subscription contest this week, with Mrs. Williams winner by a "nose.” Pulling up sharply just behind the leaders was Mrs Carrie M. Ross, who since her entry several weeks ago in the race for the $1,000 grand prize, has moved evenly and rapidly to a third

place position.

For the second consecutive week Mrs. Grace Evans, formidable and redoubtable contestant from Terre Haute, Ind., has captured honors in the Second District. In addi-

Mrs. Mabel Owens ] 10,000 Mr. Henry Yeakley 4 10,000

DISTRICT 2 (Residents Outside Indianapolis)

Mrs. Grace Wilson Evans, Terre Haute, Ind. 5,000,000 Mr. Allen P. Johnson, Edinburg, Ind. — — 4,900,000 Miss Mary J. Redix, Hopkinsville, Ky. 4,800,000 Mrs. Sallie Butler, Hammond, Ind. 4,700,000 Mrs Naomi L. Phillips, Fort Wayne, Ind. 4,600,000 Mrs. Beulah Draper, East Chicago, Ind. 4,500,000 Mr. Charles H. Wills, South Bend, Ind. 4,500,000 Rev. V. Davis, Muncie, Ind. 4,400,000 Mrs. Margaret Stewart Morgan, Gary, Ind. No Report This Week

Indianapolis’ current vice drive took a. new turn late Thursday when a group of revengeful race horse "bookies,” driven into inac-

1 ushed the action. tivity by Chief Michael Morrissey’s Jury Service Restricted “Vice and Gambling ExterminaAt both tiie second and third tors/’ let out a mighty howl croaktrials of Patterson, defense attor ing with a “squelch” that charged ney Samuel Leibowitz raised the i colored policy operators and politiConstitutional issue of exclusion j fcians were fleecing 35,000 of their from jury service. At the third racial brothers out of $10,500 daily,

trial, it was discovered that the without molestation. jBHH HHJ state of Alabama, through its attor- Hearty laughs were the first re-1 tion, she cinched first place on the ney general, Thomas Knight, Jr., action of the alleged operators to j extra merit vote list by turning in now lieutenant governor, who had the mention of such a huge "take.” | the most subscriptions for the

engaged himself as special prose- Sorehead “bookies,” they said, week.

cutor, had forged the names of were merely trying to save their The mounting enthusiasm of the some colored men to the jury rolls own skins by shifting the "heat” , contestants is proving infectious, of Jackson county In which Scotts- from themselves to imaginary poli-1 A natural desire to share in the boro is located, in order to evade cj operators. Doubt was express- $3,000.00 cash prizes that will he the issue of jury exclusion ed by those mentioned by the race awarded at the close of the conLeihowitz detected the fraud and horse boys that there was a single test May 4, has resulted n took these as part of the exhibits policy in operation in this city, and whoiesale mobilization of relatives

the charge that 35,000 good colored citizens, a little more . than half of the city’s colored population, gamble away fifteen cents each of ten and one-half grand daily was pooh-hooded as too ridiculous for words and too good to

be true.

day morning at Wheatley-Provi-dent hospital following an operation ior the removat-of his towsils He had not been confined to his bed before entering the hospital a tew hours before the operation. This 41-year-old rotund, band leader was a favorite among both white and colored dance fans from coast to coast and was famous for his “stomp’’ rhythm that had wide

appeal.

Born in Kansas City, Mo., November 13, 1893, he was graduated from Attucks school and attended Lincoln high school but did not finish. He chose music as his career and began early in his profession as a musician. Charter Member of Local He was a charter member of the Kansas City Musicians local No 627 and as a boy played valve trombone in Dan Blackburn’s band. Later he organized his own orchestra with about six pieces. He secured engagements in local theaters and played dance engagements in Kansas City and nearby towns. As his orchestra grew his popularity spread. He was directtor and played piano

BENNIE MOTEN One of the country’s best “stomp” rhythm band leaders who died Tuesday morning in Kansas City after an operation for the removal of his tonsils.

On tours east Bennie Moten’s orchestra attracted large crowds in New York, Indianapolis, Baltimore, Chicago, Cleveland and other well known amusement centers. His orchestra made several recordings for Victor and Brunswick phonograph records. His band was usually billed as Bennie Moten and

His Victor Recording orchestra. In Kansas City he is considered the dean of orchestra leaders as his band is the first large dance orchestra to originate in this section. Many musicians, whojire paw plying in larfre and well known east ern orchestras got their start with the Moten organization. Featured Over NBC When the orchestra played in Cincinnati a few years ago it was featured nightly over the National Broadcasting company’s network He became popular with radio lis teners instantly. Two years ago when a nationally circulated newspaper conducted a popularity poll to determine the most popular band, Bennie Moten’s outfit stood high on the list. Last week his orchestra left for Denver to fill an engagement at the Rainbow Gardens. Bennie was to have joined them after he had recovered sufficiently from the operation. He is survived by his widow, Mrs Crable Moten, an eight-year-old daughter, Zella Mae; four sis^ ters, Mrs. Lena Smith, Mrs.- Josephine Lee, Mrs. Thelma Coleman, Mrs. Zella Ashcraft; one brother, Ira Moten, who is in Portland, Ore-, a nephew, Bus Moten, and a member of his orchestra.

Theater Owner Waves Colored Flag In Douglass Nominated Effort To Check Loss Of Patronage For Hall of Famous

States Supreme

Miss Dolly Hood. Terre Haute, Ind No Report This Week (nation.

to the United

court.

After the third trial of Patterson and the second for Norris, the state elected to withhold prosecution of Hie other boys until the high court had acted on these two cases

Discrimination Shown

The absence of Negroes from the jury rolls should have caused the trial court, the chief justice said,

to qujish the Indictments.

Concluding, he stated; “We think the evidence that no Negro had been called for jury service in Jackson county for a generation established there had been discrim-

and friends in the battle to win. Big surprises are expected as the race reaches the home stretch. Hundreds of citizens, who have given verbal promises, will be importuned to “pay up.” The fine display of energy and initiative on the part of the contestants has been highly praised by community

Mrs. Sallie W. Stewart, Evansville, Ind. Rev. S. E. Hoard, Bowling Green, Ky. Mrs. Mary McMath, Louisville, Ky. Mrs. O. K. Glass, Henderson, Ky. Mrs. Zola O. Smith, South Bend, Ind.

._ No report this week No report this week No report this week No Report This Week 10,000

Mrs. J. C Mitchell, New Albany, Ind. 10,000 NOTE: The above standing does not necessarily indicate all the votes the contestants have to their credit as they are allowed to hold

votes in reserve.

Extra Merit Vote Winners For Week Ending April 3rd Mrs. Grace Wilson Evans 4,000,000 Mr. Allen P. Johnson 3,000,000 Mrs. Norean William* - - — 2,500,000 Miss Mary J. Redix 2,000,000 Mrs Sallie Butler 1,500,000 Mrs. Tillie R Bennett 1,000,000 Miss Annis L. Gray 500,000 Miss Betty Sparks 500,000 Mrs. Galana Gore — 250,000

“We find no justification for excluding Negroes from the trial jury. “There is no justification for the wholesale systematic exclusion of qualified Negroes from jury service.” YOUNG WIFE TO TRIAL

“Death in the electric chair” is the penalty that will be asked in the case of Mrs. Velnora Jones, the mother of two small children, who is charged with fatally wounding her husband, Carl Jones, during a jealous rage last September.

ciation for the spirit of progress and community helpfulness shown by The Recorder during the forty years of its service

Following the first reaction, cur- 1 ^ annreious persons begun a tour of the Baders have expressed appre

city to locate the alleged policy wheels, as they are commonly called. Only one even faintly resembling a first class policy racket could be found and it is said to have promptly “folded up” when reports were received that they

bad been “put on the spot ” Spikes “Sucker” Charge

Investigation made by The Recorder revealed that contrary to published reports, colored people of this city were not the only “suckers” who were “taken to the cleaners” by the operators. Countless white people were victims when the wheels whirled in more prosperous times. At present, ‘by the very nature of the game, only a small daily “take” is possible because the few found who up to today played the game can only place small bets Which limits the gross amount of the hits or winnings When operated on a large scale, such as would be possible with daily receipts of $10,000, a player may win as high as $3,000

at one drawing.

All forms of wide open •gambling

are in the same boat, says Chief Morrisey and the eagle eye of the vice squad won’t fail to overlook the policy racket whenever encountered. The drive to ban gambling in the city which began several weeks ago is not a periodical spasm, says the chief and will continue unabated. Establishments whicn placed bets on horse races were among the first closed. Various moves on the part of the “bookies” who are alleged to have cornered considerable wealth at the game in several instances, have been directed toward lifting the ban. A rumor allegedly started by them that Chief Morrissey would be removed because of their political influence with the powers that be, were emphatically denied

by Mayor John W. Kern,

Dark days are crowding thick and fast upon a bewildered theater manager and in fear and trembling life has sent out an S. O. S. with a decided “Lily-White” tone. G. H. Nicholson, manager of the Hollywood theater at Thirteenth and Roosevelt avenue, located in the heart of an Eastside colored settlement, is waving the red flag of race prejudice in order to keep his house “in continuous operation for white people only,” according to an appeal printed on handbills and circulated among the few remaining white people of the neigh-

borhood.

Mr. Nicholson, obviously ' ignorant of the A. B. C.’s or economics, belabors the Motion Picture Operators union for his woes. His circular says owing to the unfair treatment of the union in admitting colored operators to membership he has withdrawn his theater in the hope that by some obscure method, it may be kept intact for the whites of the neighborhood. The befuddled mdnager states in his circular (which it is understood was not to fall in the hands of any colored person, that it is his desire to keep the Hollywood a white theater and to so do he will do his own operating. He charges the union is trying to put him out of business. Interested persons were asked to mark YES or NO on the circular and mail it to the manager. Colored operators were recently formed into Auxiliary No. 194 of the local Motion Picture Machine Operators union. It numbers eight members who work in the Walker, Indiana, Two Johns and DougUas theaters. The Regal, at 25***

and Northwestern avenue employs a white non-union operator, accordenjoy the same wage scale and ing to members of the new union, who say colored operators now enjoy the same wage scale and working hours as white union men. Percy Means is president of the new local.

NfcW YORK, April 15.—(ANP)— Among the 76 distinguished American swho will be eligible for election to the Hall of Fame at the eighth quinquennial election at New York university this year, is Frederick Douglass. Mr. Douglass is the only colored American to be nominated.

Members of the Fair But Weaker Sex Clamor to Enter Perfect Leg Contest

Persian Temple's annual musicalcomedy and dance extravaganza, “The Persian Scandals of ’35,” will certainly have many legs to stand

on this year.

With the announcement of a “Perfect Legs” contest hardly more than a week old, the managers were almost deluged this week with requests from possessors of every variety of “champaign bottles” for application blanks. And the wave of feminine excitement is spreading to every nook and corner of the state. It has awakened a new thrill in feminine hearts. All body shapes, heights, weights and skin pigmentation are for once on the same basis. All that is needed is the possession of a perfect pair of legs. Not even the name will necessarily be known to the public, for the managers announce that each applicant will he given a number which will be Communicated to her upon receipt of the photo of her legs and only the members of the winners will he announced at Tomlinson hall on the night of the show, April 24 Twenty-five dollars will be divided among the

two winners.

beautiful legs, however. whose name and persons will be known to the thousands who annually crowd historic Tomlinson hall for the Shrlners’ show and dance. These are a coterie of local stars who are rehearsing one of the best of locally produced shows seen in many a year. Included in the cast are the inimitable comedy team, “Dap and Dink,” who scored a torrid hit last year; “The Three Patent Leather Kids,” sensational dancers; Miss Alma Cable, whose melodious voice taunts the souls of stony hearted critics; Miss LotitSe Jenkins, who never fails to set your nerves tingling, and Trevor Bacon, silver throated tenor. An attraction which critics say will create a sensation, is a marvel in piano playing by a two-yeat*

old girL

Persian Temple Shrlners have regretfully announced a change In the date of the shqw and dance from the customary Easter .Monday night to the following Wednesday night at Tomlinson hall at 8:30. The change was necessary, they explained, because officials in charge of the hall had awarded a long term

There are possessors of other ^contract to other interests.