Indianapolis Times, Volume 33, Number 48, Indianapolis, Marion County, 6 July 1920 — Page 3

INVENTOR’S SON SUES HERE FOR 15 MILLIONS (ConOnnod RT-wm Psfu Onfc) ®*s daughter, and the following infant children, Helen B. Lowry, Thomas Lewand Jean Bulllt Lowry. Some of tho cuildrea nave become of age. the suit states, since the death of their father. The camp lain ants in the suit allege that at the time of the death of Lowry he area the owner of $29,500 worth of stock la the Columbia Creosoting Coru--1 any and one share in the Indiana Creosoting Company, par value of 1100, and all of this stock was pledged as collateral eecurity to secure a loan to him in the aum of $7,900, and that the actual value- of the collateral security at that lime was at least $75,000, the suit contends. At the time of Lowry's death there waa an interference suit in pro frets against Lowry involving said Lowry process. The suit alleges “that Immediately upon the death of said Lowry the defendants formulated a scheme which they carried out as hereinafter stated to defraud the estate, the widow and the children from their rights and interests in and to the Lowry process and the stock, that as a part of the scheme and to carry it out they embarrassed the widow financially, first by discovering that she nad no assets and no money, by paying her husband for eleven days' work and refusing r to pay $11,500 which he had earned from the sale of oils and had lawfully due him. by which each of the defendants said and represented to the widow were not due him.” The suit alleges that the defendants refused to pay the $11,500 commissions for the sale of oil unless the administrator asaign to them a quit claim of the interests of the estate in the patents and that each of the defendants represented to the administrator that they were the owners of and held title to the patents by virtue of a purported assignment which the defendants are declared to have claimed that Lowry had executed and delivered to the American Creosoting Company prior to his death. The complaint states that the administrator, thinking the claim was valid, executed a contract by which the estate was supposed to relinquish all rights to the Lowry process and that there was no actual financial consideration made In this agreement. The suit alleges that the assignment was made by the administrator because he “relied upon the false statements and representations as herein stated as to the ownership of said Lowry Process.” ‘•That the defendants and each of them have by reason o£ said fraudulent scheme and the assignments procurred thereby, obtained the sole, only and execluslve use of the Lowry Process by which they bave made millions of dollars as hereinbefore stated,” the suit alleges. It Is alleged in the suit that when Thomas Lowry, the son. became of age he made an Investigation to determine *the validity of the assignments. The suit states that Mr. Fletcher, acting as a trustee for himself and Hert, assigned and conveyed to the AngloAmerican Tar Products Company, a West Virginia corporation, of which Hert was president, and that on Oct. 13, li*l4. the Anglo-American Tar Products Company assigned (•> Hert the said Lowry process and that Here now claims to be owner of it. The suit was filed by Attorney John W. Becker, of 75S Lemeke annex, for the plaintiff.

FLETCHER SAYS SUIT IS WITHOUT GROUNDS Concerning the suit filed in federal court today against himself, Alvin T. Hert of Kentucky, and the American Creosoting Company, asking damages totaling $15,000,009, Stoughton A. Fletcher made the following statement: In reference to the suit filed today, the charges of fraud and conspiracy are without any foundation of fact and involve the integrity of the Security Trust Company of Lexington, Ky., administrat >r of tue Lowry estate, as well as of all the directors and officers of the American Creosoting Company. The suit brought is groundless. *1 was connected with the American Creosoting Company from March. 190>, until March. 1912, at which time I sola n:v holdings to A. T. Hert, president ot the company. During most of the period mentioned 1 acted as director and treasurer of the company lu January, 1909. the company, through j r >per proceedings, purchased certaiD j •;tents from the I.owry estate and 259 share*'of seek of the Columbia Creosoti: Company for $70,000 cash. The sale of these patents by the adV inistrator of the Lowry estate, namely, the Security Trust Company of Losing ten. Ky.. was.ent!rely regular, was urgeq upon the creosoting company and, ap parently, at the time, was deemed Bull advisable In the interests of the Btsf* :.ud the individuals interested in the estate, and all the transactions in connection therewith were accompanied by for. mal court proceedings and the sale to the creosoting company was ordered and approved by the probate court of Lexington, Ky. / At the time of this transfer, by reason of my being treasurer of the company, the titles were put in my name as trustee. When I sold my holdings I conveyed. by proper assignment, title to any property or properties which previously stood in my name as trustee, including the title to the patents involved In this suit, to these entitled to continue such Uusteeship In the Interests of the com tint, as directed by the then president ■ f tne American Creosoting Company.

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The Balloting at a Glance SAN FRANCISCO, July 6.—Hare is a picture of the ballot race for \he democratic nomination: -y catjoSHOOM-opo? P P ° £ G. pJ 2B E 2 S’ * £ pS-'Bgßgn’g 2. | o 2? •* 3,r r 2“B? , EL§ *1 o cL • cd a •""* \ ' -on tn 1 . 256 134 266 42 32 21 109 24 26 25 38 37 ... 2.. 264 145 289 34 31 12 101 25 25 27 29 36 ... 3.. 253 171 323 31 28 11 94 xx 25 25 25 36 ... 4.. 254 278 335 31 31 2 96 xx 27 24 82 34 ... 5.. 244 181 357 31 29 xxx 95 xx 27 21 84 29 ... 6.. 265 195 368 30 29' xxx 98 xx 27 20 36 13 ... 7.. 267 295 384 2 33 xxx 4 xx 27 19 35 14 ... 8.. 262 315 380 x 32 1 2 xx 27 18 36 12 ... 9.. 257 321 380 x 32 1 1 xx 25 18 37 7 ... 10.. 257 321 385 x 34 2 x xx 25 19 37 7 ... 11.. 255 332 380 x 33 1 x xx 26 19 35 7 ... 12.. 201 404 375 x 29 xx x xx 25 6 34 7 ... 13.. 193 428 363 x 29 xx x xx 25 7 32 7 ... 14.. 182 443 355 x 33 xx x xx 25 7 34 7 ... 15.. 167 468 344 x 32 x x xx 25 19 31 xx ... 16.. 164 454 337 x 52 xx x xx 25 26 34 xx . M 17.. 176 442 332 x 57 xx x xx 27 *l9 36 xxx ... 18.. 174 458 330 x 42 xxx x xx 26 18 36 xxx ... 19.. 179 468 327 x 31 xxx x xx 26 19 37 xxx ... 20.. 178 456 340 x 36 , 1 x xx 26 10 41 xxx ... 21.. 144 426 395 x 54 xxx x xx 26 7 38 xxx ... 22.. . 166 430 372 x 52 xxx x xx 26 6 35 xxx 2 23.. 181 425 364 x 50 xx xx xx 25 5 34 xxx xxx 24.. 177 429 364 x 64 xxx xxx xxx 25 5 83 xxx xxx 25.. 169 424 364 xxx 58 xxx xxx xxx 25 4 34 xxx xxx 26.. 167 424 371 xxx 55 xxx xxx xxx 25 3 33 xxx xxx 27.. 166 423 371 xxx 60 xxx xxx xxx 25 3 34 1 xxx 28.. 165 423 368 xxx 62 xxx xxx xxx 24 4 36 xxx xxx 29.. 166 404 394 xxx 63 xxx xxx xxx 24 33 xxx xxx xxx 30.. 165 400 403 xxx 58 xxx xxx xxx xxx 4 33 xxx xxx 31.. 174 391 415 xxx 37 xxx xxx xxx 12 6 34 1 xxx 32.. 176 391 421 xxx 55 xxx xxx xxx 9 3 34 xxx xxx 33.. 180 380 421 xxx 56 xxx xxx xxx 13 3 34 xxx xxx 34.. 184 379 420 xxx 54 xxx xxx xxx 7 3 37 xxx xxx 35.. 222 376 409 xxx 34 xxx xxx xxx 5 3 38 xxx xxx 36.. 241 380 399 xxx 28 xxx xxx xxx 4 2 36 xxx xxx 37.. 202 386 405 xxx 50 xxx xxx xxx 1 3 33 xxx xxx 38.. *2ll 383 405 xxx 50 xxx xxx xxx 1 4 33 xxx xxx 39.. 74 468 440 xxx 71 xxx xxx xxx xxx 2 32 xxx xxx 40.. 19 490 467 xxx 78 xxx xxx xxx xxx 2 33 xxx xx 41.. 12 497 460 xxx 55 xxx xxx xxx 24 2 35 xxx xx 42.. 8 540 427 xxx 49 xxx xxx xxx 24 3 34 xxx xx 43.. 7 568 410 xxx 57 xxx xxx xxx 5 2 34 xxx xx The following, not included in the table above, received votes as follows: Ring Lardner, one-half vote, and Irvin S. Cobb, one and one-half votes, on the 23d. Underwood. 1,9, 9, 4. 6, 1. 2, on the 24th, 25th, 26th, 27th, 28th, 29th and 30th ballots, respectively. Pershing, one vote in the 26th ballot. Jones, one vote on the 26th. Hines, one vote on the 28th. Daniels, one vote on the 31st. Annette Adams, 1; Bonnhvell, 2, and Lewis. 6. on the 37th ballot. Colby one vote each on the 39th to the 43d ballot. * Clark received two votes on every ballot from the 23d to the 43d, excepting the 26th and 35th, when he received 3. On the 37th he got no votes.

AMERICAN CENTRAL LIFE ! Home Office Monument l'lee* INDIANAPOLIS, IND. ESTABLISHED 1800 OFFICERS HERBERT M. WOOLLEN, President. EVANS WOOLLEN. GEORGE E. HI.ME. First Vice President. Treasurer. FKANK W MORRIsOK, RUSSELL T. BYERS, A ice President. Malinger Loan Department. HARRY K. WILSON, ROBERT STI KTEA ANT, AI *e President. Assistant Secretary. it. F. BELISLE. H. L. CLARK, Vice President. Assistant Actuary. ROY HINT. GREENLY V. WOOLLEN, Vice President. Medical Director. EDWARD A. MEYER, CARL H. McCASKEY, Secretary. Assistant Medical Director. HENRY W. BITTOLPII, I. KENT LE.ASIKE, Actuary. Assistant Medical Director.

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INDIANA DAILY TIMES, TUESDAY, JULY 6, 1920.

DEMOCRATS MEET TO NAME TICKET MATE FOR GOV. COX (Continued From Page One.) cession, participated In by wearily delirious partisans, the scenes of which will live long in the memories of those who witnessed them. The last ballot started by giving the Ohio governor majorities from the very first. As state after state fell into line for Cox It became certain that nothing shun of a miracle could stop his nomination either on that ballot or the next succeeding one. • Every one knew It was close to a nomination. Half a dozen chairmen of deltgatious which had voted for McAdoo, quick to scent the drift, leaped to their feet clamoring for recognition. They wanted to register changes lu their votes. They were a bit too slow. Unobserved by many, Samuel B. Amidon, national committeeman from Kansas, and one of the McAdoo managers, had come quietly to the edge of the speaker’s platform. He tugged at Senator Robinson’s elbpw. “The gentleman from Kansas,” "bellowed Robinson above the din. The hall was in an uproar. Amidon raised his hand for silence. Robinson was pounding madly with his gaTel and the table was dancing under the force of his blows. “I move,” yelled the Kansan as soon as he could make htmself heard, “I move that the nomination of Gov. James M. Cox be made unanimous." For a bare instant there was a hush. Then the hall was thrown into an uproar again. For five minutes the uproad continued. Robinson fairly shivered the table with bla rain of blow* from the gavel. When he succeeded in restoring a semblance of order, he put the motion of the

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gentleman from Kansas to the delegate*. There was a roar of "ayes” to hi* question and If there were any noes they were lost In the coming chorus. Things started breaking favorably for Gov. Cox at the beginning of the night session. Thirty-four ballots had been taken up to that time and on none of them had any of the leaders showed any formidable strength. McAdoo had passed Gov. Cox on the thirtieth ballot In the late afternoon. For six ballots McAdoo held the lead, with Cox always close behind and trailing the two of them was A. Mitchell Palmer. The big Pennsylvania delegation, augmented by Georgia’s twenty-eight votes and a scattering of others, had kept the attorney general always In the running. When adjournment was taken for dinner at the end of the thirty-sixth ballot, party leaders and delegates were almost a unit In declaring that the situation was hopelessly deadlocked. On the thirty-seventh and thirtyeighth baßots after the convention met m night session, the situation remained practically the same. McAdoo led on the thirty-eighth with 405.5 votes. Cox polled 383.5 and Palmer 211. Just after the official resultr of the thirty-eighth hud been announced, Charles C. Carlin, the Palmer manager, took the platform. “X am Instructed,” he said, “by A. Mitchell Palmer to Inform those who have supported him that he greatly appreciates their loyalty. Mr. Palmer, however, Is unwilling to delay the proceedings further and he has authorized me to release the delegates pledged to him so that the next president of the United States may be nominated here tonight.” Carlin then moved a twenty-minute recess in order to give the delegates time to consider the matter. Connecticut, Massachusetts. Michigan, ! Rhode Island, Virginia and the District of Columbia, which had formerly given

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Palmer majorities of their delegations, switched over to Cox. The Palmer strength fn Georgia, In Maine and in Porto Rico was given to McAdoo. Palmer’s own Pennsylvania delegation hung with him on the next ballot as a parting mark of respect. Later it gave a majority to McAdoo until the final forty-fourth ballot, when it switched to Cox. The inheritance of so much Palmer strength again shot the Ohio governor Into the lead. He polled 468.5 votes on the thirty-ninth ballot and after that he was never headed. McAdoo had 440 on the same ballot. On the fortieth ballot Cox went to 490. On the forty-first ballot he went to 497.5, on the forty-second he shot ahead to 540.5, on the forty-third he received 586, and at last he went over. PAPER SAYSINDIANA STARTED STAMPEDE Special to The Time*. SAN FRANCISCO, July 6—The San Francisco Chronicle, independent newspaper, attributes the start of the Cox Stampede to the action of Indiana in withdrawing eighteen votes from McAdoo immediately after Palmer got out of the race. The Chronicle says this action shook the faith of McAdoo delegations and gave the impression to the released Palmer delegates that Murphy, of New York, Brennan, of Illinois, and Taggart, of Indiana, had determined during the recess to name Cox. When Palmer withdrew Indiana was voting for McAdoo, with the exception of George Pigman, of Liberty, who refused to cast a McAdoo vote. During the recess, State Chairman Bosse, of Indiana, and W. H. O’Brien lined up the delegates for Cox, and by

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reason of Indiana’s place in the roll call this switch had a decided effect. cox at 'Office WHEN NEWS COMES IN DAYTON, 0., July 6.—Gov. James Middleton Cox was at his newspaper publishing plant when he received word that he had been nominated as the candidate for president of the United States by the delegates to the national convention at San Francisco. The word came in the form of a telegraphic flash at 4 :40 a. m. today. Cox’s paper got out an extra and the first copy was handed to the governor. Gov. Cox is 50 years old. Among his intimates he is known as a "regular fellow.’’ He likes dogs, golf, hunting, fishing and work. He is robust, weighs about 165 pounds and is stockiiy built. He was born on a farm near Jacksonburg, 0., a few miles from Dayton. He spent his youth working on a farm and attending school near his home. He was developed in the Bacd school of experience. His early education was obtained in the public schools. When young he started to work as a printer’s devil, then taught school, became a newspaper reporter, was private secretary to a congressman, became editor and owner /bt two Ohio newspapers and finally was elected governor. Hlb third term as governor wiir“end in 1921.

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