Indianapolis Times, Volume 33, Number 33, Indianapolis, Marion County, 18 June 1920 — Page 12

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down to Evansville and brought back the word that the town was wide open. Just selling it over the bars,” said Judge Anderson. “Isn't that true?” He was a pitiful picture of despair as he told of trying to be faithful to Chief Schmitt and in his confused way easily disclosed what a tool be had been in Schmitt's hand. “The chief told me that if I pleaded guilty I would disgrace my own family," said Freidle with feeling. “Why last night the chief asked me how my family was fixed and he wanted to give me SSO. “I would not take it “I told him that my credit was good.” ANDERSON SHOWS SYMPATHY. Judge Anderson said: “I feel very sorry for you, very sorry. But the fact is that you were a police officer and sworn not only to enforce the state laws but uphold the federal constitution. “I wonder what the citizens of Evansville think they are paying their taxes for?" The conrt referred to a newspaper account at Evansville announcing that the mayor of Evansville was going to Investigate Chief Schmitt. “I read the glowing headlines of that announcement and I knew that it was a sham.’’ aaid the court to Freidle. “We all knew up here for some time that the chief was in bad.” Addressing the members of the police department, who are defendants. Judge Anderson said: “I feel very sorry for the members of the Evansville police force, and particularly for those men who would soon obtain pensions, men who have spent the best years of their lives on the force. ENTIRE BI.AME LAID TO SCHMITT. “Those officers fell because they knew that if they didn’t obey the chief they would loose their jobs snd their pensions and all because this police chief was the chief violator of the law,” declared Judge Anderson firmly. Pointing his trembling finger toward the now white face of Chief Schmitt, the veteran police captain said: “That’s the man who is responsible for my trouble.” Officer James Trnutwein, Officer Fuchs. John James. John Arnold. Emil E. Geiss and others frankly told the court their sides of the story. The court devoted so much time to hearing the voluntary statements of the men that he did not have time at the morning session to pass any sentences. The court took the bench at 2 o'clock to nass Judgment on the conspirators. JURY OCT ONLY * HOURS. 15 MINCTES. After being out only two hours and fifteen minutes, the jury reached a verdict of guilty against Edgar Schmitt, chief of police of Evansville: Andy Freidle. captain of police with rank of assistant chief; Fred Ossenberg, republican politician; Abe Klyman and his brother. Moses Klyman, former wholesale liquor dealers of Henderson, all of Evansville. The Jury retired at 5:02 p. m. yesterday afternoon and indicated that it was ready to report shortly before 9 o’clock. At 9:15 o’clock last night Judge Anderson took the bench while the Jury took its place. W. C. Davia. foreman of the Jury, handed the verdict to the clerk of the court, which held “Chief Schmitt and the four others guilty as charged.” FINDS NINE NOT GUILTY.

Under the Instructions of the court, the Jury found the following nine defendants not guflty: Arthur K. Booth. • member of the city council; Carl Drelsch. city inspector of weights and measures; William Morris, alias "Butch" Hayhurst, a negro policeman; Charles Smith, a policen-aa; Enoch Weir a city detective: Charles J. Iluhl a depute sheriff; Herberf'Male* sheriff of Vandarburg county; Carl Schulz a former saloonkeeper, and Adam Hausman, s former bartender. On receiving the Terdict of the jury. Judge Anderson instructed the sixtyseven defendants to appear in court this morning While the verdict was being read Chief Schmitt sat nervously chewing gum and did not show any emotion. The big shoulders of Fred Ossenberg moved slightly as he settled back In his chair on hearing the word ‘guilty.” Captain of Police Andy Freidle appeared deeply affected at the verdict and stated that he was going to take a car rids and go immediately to his hotel. “And I will go back and sleep in the same room with Chief Schmitt," said the elderly police captain. Chief Schmitt,' when testifying in bis own behalf in a frantic effort to brand the evidence of the government as •'false” attempted to shift the blame of the operations of the police boat on Capt. Freidle, whom he claimed he placed in charge of the so-called police boat. CONVICTION CARRIES HEAVY PENALTY. Under the federal statute defining conspiracy, the court has the power to Impose a fine not to exceed SIO,OOO and a sentence not to exceed two years, or both on each defendant i ln ma^in S the closing argument In behalf of the government and asking for the conviction of Chief Schmitt and tne four others standing trial, Fred VanXuys branded the affair as a “heinous conspiracy” against the United States government. There was cnly one conspiracy, and one line of it started in Jlendersnn, Ky„ another line ran Into the very < fflce of the police chief of Evansville, and still another found its way Into' the magnificent library of Freddie Ossenberg, the political boss,” declared M' VanXuys. Continuing hurling his denunciation agriinst the “whisky gang.” VanXuvs said: “Judge Thomas Duncan, Schmitt’s lawyer, is long on the Bible when addressing the Jury. “It Is bad enough to be a corruptionist. bnt add to this perjury as was done by Chief Schmitt when on the stand, it is hard to answer to a man's government and to his God “Here is a chief of police, who is pledged to guard the manhood and worn anhood of his city, and he sold out for “so many places of silver,” said VanNuys, with emphasis. VanXnys took pains in answering the statement of Judge Duncan, for Schmitt that %an Pickerill, the confessed conspirator. and one of the heads of the conspiracy, was “a moral leper.” “And speaking of moral lepers." said the district attorney, “the government is not asking you to guess innocent men guilty. “The Klyman brothers knew that every bottle they wrapped up In gunny sacks wae going back to their dear citv of Evansville. VANNETS RAPS PROFESSIONAL POLITICIAN*. “There is very little difference between a man who makes money out of politics and a wholesale liquor dealer,” snapped VanXuys while looking Ossenberg straight in the eye. “With swelling breast ‘Freddie Ossenberg, on the witness stand, told with pride that his grocery and former saloon was the meeting place for the Judge of the circuit court, of a United States senator (Watson), of>a congressmen (O. R. Luhring), and even a mayor,” said YanNys. “Van Picker'll had the city government prostituted through the chief of police. “Why, don’t you know that a political boss like Freddie Ossenberg has only two assets; first, patronage, and second, protection, and both cost money ?” declared YanXuy*. He declared that Ossenberg chi* were ,’.ai tha iwo ma

Tan Plckerill would turn to get patronage and protection. “Ossenberg is not fazed by anything, not even an indictment by the United States government, and he acts like an iron leader, which he is called," said the district attorney. Pointing at Ossenberg, VanN'uys screamed. “Ossenberg got in on the easy money down In Evansville. “Andy Freidel, the right-hand man of Chief Schmitt, and the chiefs rubber stamp, was there. “I do not care how corrupt Van Plckerill is, he told the truth on the witness stand, and he did not add perjury to corruption. “Perrott, Fuchs and Trantwein threw their police pensions to the winds and told the truth. “Ossenberg’B character is so white that a United States congressman can stay home from Washington to testify about his character,” said VanNuys in referring to Congressman Luhring’s testimony regarding Oesenberg's "good reputation.” VanNuys referred to the Klyman brothers as the “sweet-smelling clients of ’Senator’ Inman." Attorney Eph Inman of Indianapolis represented the Klyman brothers and made a plea that the Klymans were innocent. CONVICTION COMES FROM VANNUYS’ ARGUMENT. It was common talk after the verdict was returned finding the five defendants standing trial guilty that the powerful denunciation of VanNuys against the five probably sealed the fate of Schmitt and the four others. Judge Anderson began reading his instructions at 4:30 o’clock yesterday afternoon and carefully instructed the Jury as to the law governing conspiracy. At the close of Judge Anderson's instructions Attorney Milton Mangus, one of Chief Schmitt's attorneys, took exceptions to the court's instructions, thereby indicating that Schmitt and probably Ossenberg would appeal ff au adverse verdict was rendered. If an appeal is taken it will have t go to the United States supreme court instead of the appellate court, as Mangus has indicated by his objections that an appeal would be heard on constitutional questions. X political conditions, are optimistic over the success of the republican ticket. Wisconsin presents a problem which Is giving republican leaders much thought. Throughout the convention this state stuck steadfast to Senator LaFollette. breaking only on the final ballot with one vote for Harding. Senator Harding has not heard from Senator LaFollette. This may be explained by the fact that the latter is sick in a hospital at Rochester, Minn. The republicans want this state's electoral vote and will do all within thetr power to prevent it from swinging to a third party. Much depends on the attitude to be taken by LaFollette.

FAVOR WILSON’S ISSUE FLAX SAX FRANCISCO, June Is.—Members of the democratic national committee and the few delegates already here for the national convention were ready to accept the plan of President Wilson to make the treaty uppermost In the presidential campaign. Statistics prepored by the naltonal committee show that the great body of delegates Is uninstructed. This fact has added to the uncertainty surrounding the convention. Forty-nine states and territories listed by the committee show eleven aendlng Instructed delegates. The instructed delegations are: Oklahoma, 20 delegates instructed for Owen : lowa. 26 for Meredith; South Dakota, 10 for Gerard; North Carolina. 24 for Simmons; Nebraska, 16 for Hitchcock; New Jersey, 28 for Edwards; Ohio, 48 for Cox. Kentucky, 26 for Cox; Pennsylvania, T 6 for Palmer; Virginia, 24 for G’.asa; Oregon, 10 for McAdoo. THIRD PARTY MOVE WAITS ON DEMOCRATS CHICAGO, June 18.—Success of a third party will depend on tho democratic national convention, according to bull moosers of 1912, with whom promoters of the proposed third party are flirting. Though invited to Join a third party movement, the ex-progressives are bolding off until they see what the democrats do. Experienced with the 1912 attempt to put over a third party ticket, headed by Theodore Roosevelt, the ex-bull moosers are shy about another insurgent move unless they have a reasonable chance of winning. Such former progressives as Jane Addams. Harold Ickes, Kellogg Fairbanks and Raymond Robins, prominent in 1912, have been invited to Join the committee i of forty-eight, but so far have refrained | from committing themselves. ; They expect to reply to the Invitation directly after the democrats meet. DRY LEADER QUIZZES G. O. P. NOMINEES CHICAGO, June 18.—Virgil C. Hinshaw, chairman of the prohibition national committee, announced today that he had sent the following telegram to I Senator Harding and Gov. Coolldge, the ! republican presidential and vice presiI dential nominees; “Do you favor increasing the percentage of alcoholic content beyond one-half ; of 1 per cent in definition of intoxicating , liquors now on federal statute books?” He said no answer had been received from Gov. Coolrldge, but that he had received a wire from George B. Christian, Jr., Senator Harding's secretary, stating the senator declined to discuss any issues until he makes his formal acceptance of the nomination in July. Minister Champions Cause of Dancers COLUMBUS, 0., June 18.—“ Churches t hould not place a ban on dancing. Men • an not be made good that way,” said lev. A. E. Cowley, Baptist minister. “Those who want to dance will dance,” ontinued Rev. Crowley, irrespective of is nature or the ban. Those who do not i ance would view the lifting of the ban is condoning of the dance* “The church and the graveyard no longer belong together. “Christianity never has been opposed i > the God-given instinct for recreation, it does insist that people must distinI ulsh between recreation and dissipation. “Americans are wearing out their l erves through running after cheap i musements. Commercialism, professionlisrn and immorality are prostituting the 1 lay instinct for gain. “The church must do something to rei lold amusements. Shorter hours for the 1 worker will prove a curse, instead of n blessing, unless men enn be shown how to rightly spend their leisure time.” Takes No Chance on Landing in Beyond EUREKA SPRINGS, Ark., June 18.— Charles Buchanan, 36, a department of Justice agent, took no chances on failure in his attempt to shuffle off the mortal plane here the other day. After placing a noose around his neck he shot himself twice beneath the jaw and then kicked away a barrel on which Stiff was extinct when his body was

bed at the time she was engaged in smuggling away evidence. MYSTERY WOMAN IS REVEALED. The mystery woman, featured prominently In the life of Elwell, was known as Miss Wilson, Mrs. Larsen revealed to District Attorney Swann. “I have later found that was not her true name,” Mrs. Larsen added. Swann, who possesses the real name of the woman, said: “To protect the honor of womanhood, we have decided to withhold the girl's real name for the present.” Miss Wilson had been in Elwell's company often recently, Mrs. Larsen said. She was the owner of the lingerie, including a night robe, cap and bedroom slippers found in Elwell's room, the housekeeper said. Mrs. Larsen said Miss Wilson had spent Thursday night with Elwell, she believed, but was not sure about Friday, the night of the murder. After calling the police on finding Elwell wounded she went to the bedroom, Mrs. Larsen said. The lingerie was in a box on a shelf and either had not been used Friday night or else had been carefully put away after use. The top covers of the bed were turned back, but they were not rumpled. One side of the bed gave the impression that someone had been lying down for a short time. The impression left was not large. Questioned further, Mrs. Larsen said Elwell was a Jjeavy man, weighing only slightly under 200 pounds, and that if he had been lying in the bed it probably would have been more plainly noticeable. "Miss Wilson" was at the Elwell house on Friday after Elwell's murder had been discovered, Mrs. Larsen said. She denied that she had hidden the revolver with which Elwell was shot.

SPENT NIGHT WITH ELWELL. Anew angle was given the whist expert'case by the confession of a young woman today who said she had spent the night with him at his fashionable home forty-eight hours before his death District Attorney Swann will personally* quiz the woman late today in an effort to learn whether she had concealed sny of her movements on th® morning of the murder. Two other new theories were also being probed by detectives today. One was the supposition that Elwell was slain after he had fallen asleep in the luxurious part of his home by an enemy who had hidden in his house throughout the night. The other is that the fatal shot was fired by a Jealous man who followed a woman to the house on the morning of Elwell's death. The investigation also developed the theory that the dainty lingerie, found in Efwell’s dressing room, was owned by him for the use of women who visited him and did not belong to any of his women callers. The young ■woman who told detectives she had been with the slain man over night Just forty-eight hours before his death, is expe ted to divulge Important information today relative to Elwell's “white light" life. Lyttieton Fox. the lawyer for Miss Kraus, who was present during part of the questioning of Von Scblegell, agreed to bring Miss Kraus to be questioned by Mr. Dooling at some place which was to be a secret. MISS KRAUS BEING QUESTIONED. Miss Kraus is only one of many friends of Elwell and her testimony. District Attorney Swann indicated, is not expected to be of much help In unraveling the murder. “No doubt," Mr. Swann said, “she will silence as a condition of telling the whole story. She would oniy be demanding her privilege. We can not force her to answer. We can not force a witness' hand. We received on® communication today saying, ‘put so and so in jail and sweat him and he will tell the truth.’ We have to talk to witnesses more or less on their own terms.” Mr. Swann said Mr. Cox would be present and that there would be no stenographer to take down the examination. The examination is proceeding tonight In private. The investigation today renewed in-

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INDIANA DAILY TIMES, FRIDAY, JUNE 18, 1920.

terest In Von Schlegell, who appeared at the district attorney’s office smartly dressed. He was questioned continuously by District Attorney Doehng and then went to his apartment, at 22 East Sixtysecond street. Von Schlegell answered all questions frankly and freely, according to his interogators, voluntering the statement that he had a pistol at his apartment, but saying that he had never discharged it. This fact was already known to detectives who had searched his apartment before his return from Atlantic City on Monday night from the trip on which ho had started Friday morning a short time after Elwell's death was discovered. The sti tement eliminates Miss Griffy from the mystery of Elwell's death, also her father, who rung a ferry line on the Kentucky river, and her brother, both of whom have not been out of the county for some time. LEXINGTON SOCIETY BELLE'S STORY LEXINGTON. Ky., June 18.—On Che arrival here of Harry Oswald, New York detective, southern chivalry in the person of Attorney Wallace Muir has seen fit to issue a more complete statement regarding the association of “Anne of Lexington” with Joseph B. Elwell, the bridge expert, found dying last Friday in his New York home. Mr. Muir has even gone so far ns to reveal the full name and status of “Anne,” who has heretofore been known as a “pretty little stenographer,” whose note of thauks for flowers having been found among Elwell's effects in New York has sent Oswald out here, but, according to Muir and the fashionable set, he has nothing to find except a very dismayed young lady, Miss Anne Russell Griffy, one of Kentucky's most beautiful and popular belles, whose association with Elwell was only slight. Miss Griffy llres at Versailles, fourteen miles from here, and is a niece of Edward A. Tipton, president of the Kentucky Trotting Horse breeders' association. ' It was not until Miss Griffy heard of the murder rtbat she Informed her folks that she had met the New Yorker. She gives positive assurance that her parents never knew Elwell or knew of her slight acquaintance with him. "I was Introduced to Mr. Elwell at a social function during the races at Lexington last Ssprlng," said Miss Griffy’s statement given out by Attorney Muir. “I last saw Mr. Elwell in Lexington on the night of May 28, He had come that evening, he said, from Louisville by train. “I had been to a lawn fete with a number of friends and came upon Mr. Elwell in the lobby of the Phoenix hotel. It was-dnring that conversation that I Informed him that I was going to the hospital the following day to undergo an operation on my tonsils. •‘While I was In the hospital he sent me flower*. My sister wrote a note of appreciation for the flowers and sent it to his New York address, which had accompanied the flowers. “When 1 was well enough I wrote personally, thanking him for the flowers, and his kind note 1 received in response the day after bis death. The correspondence between ns was quite impersonal and doubtless this last note would never have been answered by me. I am glad of this opportunity to set at reat rumors connecting me with the affair.”

j Mod el Traffic Cop Never Gets Riled TOPEKA. Ka., Jnns IS—Traffic Cop Kd Stoll is naturally good natured, but 1 e always has a witticism handy whan lhe necessity arises. The other afternoon Stoll stopped a i-’oman motor car driver when she tried lo pans a wagon on a atreet Intersection. “Why didn’t you take the wagon from in front of my car?” ths Irate driver dei landed. "The next time yon come along this tray toot your horn. Then If there’* a ’-•agon In your way I’ll have It thrown <ff the atreet,” Stoll countered with a i riln. The car moved on, but the “copper" ras the recipient of a “croaa look" as It i ped away.

ward a nervous breakdown for many years,” said his son, George W. Perkins Jr. “He was greatly weakened by his illness In France and it was upon the advice of his physicians that he was placed in a secluded sanitarium and his whereabouts kept more or less secret. “We wanted to protect him and keep him from disturbance.” CHIEF BACKER OF PROGRESSIVE PARTY. Mr. Perkins was reputed to be a multimillionaire. He was heavily interested in International Harvester Company and had many other business connections. He received only a common school education and long before he reached bis maturity had started out to tight his way up in the business world. Mr. Perkins was a great admirer of the late Theodore, Roosevelt, and in 1912, when the republican party split, the financier became one of the chief backers of Col. Roosevelt on the progressive ticket. Mr. Perkins was Justly proud of his rise in life from humble circumstances. On one occasion he gave the following advice to American boys : “There is always room for boys who are ambitious and not afraid of hard work. Rarely are high positions lllled by other than men*of ability who rise from comparatively obscure positions. The larger the corporation the more certain is the office boy to reach a foremost place." Physicians said it was the intensive work that Perkins put into everything that left him a man ' roken physically at the age of 58 and hastened the end. The first known of his illness was when he failed to attend the republican national convention at Chicago. He was resting at an Adirondack mountain camp, after suffering a nervous breakdown. He was hurried from the cam® by automobile on Sunday, June 6, to the sanitarium here. The sanitarium authorities until today denied that he was at the place. But Perkins' son admitted the elder Perkins had been sent to the sanitarium and it was established he was there under the terms of a Connecticut statute which permits confinement of a person under observation for ten days. BDSißra movement of eight years ago in order to gratify the ambition of some of the present day leaders to prevent the people of the United States from fulfilling their honest obligations to the rest of the world and to themselves. The abandonment at Chicago of the progressive spirit was woefully tragic. I hope and believe that the tragedy at Chicago will provide the democratic convention with an object lesson In the direction that will not be overlooked. “I have not raised my hand or voice to aid in the promotion of -v ambition for the democratic presidential nomination and I shall not do so. I have the greatest faith in the intelligent appreciation by the delegates who will assemble at San Francisco two weeks hence to write the platform and nominate the standard bearers of our party. I should not want to express my preference or opinion regarding either individuals or platform expression which might influence of minds of men whose vote* will ultimately decide both." TAGGA RTTHINKS WILSON WON'T RUN FRENCH LICK, Ind., June IS—"I am satisfied that Woodrow Wilson wilt not be a candidate for renomination at the San Franciaco convention," Thomas Taggart. democratic leader and senatorial nomine® from Indiana, said today. Taggart had Just been shown the interview of Louis Sisbold of the New York World with President Wilson, In which the president avoided saying whether he would ask for the nomination at San Francisco. Regarding Wilson's assertion that he eras "extremely confident”, that the demo-

cratic convention at San Francisco would consent to make th® league of nations a campaign issue, Taggart said: “I don’t know what planks will go into our platform. I do know, however, that a majority of the American people are for the league of nations and a peace treaty will bring bring lasting peace to the world. “There are other important issues which confront us as we assemble at the Golden

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Gate. One of them is the financial problem, another the reconstruction problems, the farmers have things to take care of, labor and capital have differences. All of these are important matters.” Taggart did not say why be was confident Wilson would not be a candidate for re-election. He also refused to sn.v anything regarding names that have been put forward in connection with the democratic presidential race.

HARDING SAYS G. O. iEWd ACCEPTS CHALLENGE W WASHINGTON, June JS.—The rep® llcan party will gladly accept the ebaw lenge of President Wilson for a referen cium on the league of nations, Senator Warren G. Harding, republican tial nominee, said today.