Indianapolis Times, Volume 34, Number 214, Indianapolis, Marion County, 17 January 1922 — Page 5
SECOND - TRIAL PLANNED FOR ARTHUR BURCH Jury Deliberated 72 Hours Without Reaching Decision. PRISONER IS CONFIDENT LOS ANGELES, Cal., Jan. IT.—Arthur C. Burch, whose trial for the murder of J. Bolton Kennedy ended in a disagreement late yesterday, was to be taken before Sidney E. Reeve in Superior Court today, to have a date set for the opening of his second trial. It was predicted his second trial will follow that of Mrs. Madalynne Obenchain, his co-defendant, which has been set for Feb. 6. The ten women and two .men Jurors had deliberated for almost seventy-two hours when Judge Keeve discharged them. The jurors, throughout a great part of the seventy-two hours were voting ten to two for conviction. Two women, it is understood, composed the minority. Mrs. Eva De Mott declared after the jury was dismissed she had voted from the first ballot to the last for a verdict of “insanity.” Another woman juror is understood to have favored an acquittal on the straight contention that the prosecution had failed to prove its charges against Burch. In a statement Burch said: “I am an innocent man and I think this trial has vindicated me in tlie eyes of the country. I hoped until the last for a verdict of acquittal. However, I feel that each and every juror did his and her best to come to a just decision. Feeling as conSdent as I do that ultimately justice will win, I am content to wait for another trial to clear me. It is only because of father and mother that makes me so sorry the trial should have failed to have completely exonerated me.” Burch is the son of W. A. Burch, a Methodist minister of Evanston, 111. Rev. Burch seemed delighted with the disagreement. “We beat them,” was his comment. Burch and Mrs. Obenchain was students together at Northwestern University.
Legion Notes To lay proper emphasis on the five optional provisions of the pending ad- j justed compensation, the American Legion ! will present its case before every chnm- j ber of commerce in the country. The hue j and cry raised against the cash bonus clause in the bill has befogged the Issue, j Hanford MacMder, national commander, j charges. Appointment of Senator McCumber, author of the bill, as chairman of the Finance Committee, is expected to speed up congressional action on the measure. Hanford MacNider, cammander of the American Legion, has announced the appointment of the Legion’s national legislative committee, as follows: Han F. Steck, lowa, chairmaa; John R. McQuigg, East Cleveland, Ohio; Earl M. Cline, Nebraska ; William R. McCauley, Bloomington, 111.; Jame3 M. Hanley, North Dakota; Mat H. Murphy, Birmingham, Ala.; J. G. Scrugham, Carson City, Nev.; William F. Deegan, New York; Joseph H. Thompson. Pittsburgh; James A. Drain, ■Washington, D. C.; George L. Berry, Presmen’s Home, Tennessee; Wilbur M. Brucker, Saginaw. Mleh.; John Thomas D. Markey Frederick. Md; Aaron Sapiro, Lexington, Ky; John H. Sherbourne, Taylor, Washington, D. C.; John D. Markey, Frederick, -Md.; Aaron Sapiro, Lexington, Ky.; John H. Sherbourne, Boston; Paul Edwards, Seattle, Wash. Because he had not his commitment : papers, Wallis D. Willis, disabled soldier 1 was turned away from Government hospitals to wander iri the streets of Washington until overcome by exposure. I Roused by Willis’ treatment, the Amer- j lean Legion has started a vigorous in- j vestigatiou of red tape evils. Moneys received by the United States [ from foreign countries in payment of debts wouicl go to ex-soldiers under a bill introduced in the House. This measure supplements the American Legion’s adjusted compensation bill. The 43.262 good deeds to unfortunate buddies performed by American Legion posts of Minnesota in 1921, cost $73,000. The list does not include 21,000 cases wherein hospital treatment, back pay, vo- i rational training, and compensation were | Secured for disabled men. Ex-soldiers who have lost their discharge papers will be able to obtain du- ; plieates from the Secretary of War under j a bill introduced into Congress at the re- i quest of the American Legion. Slackers and draft dodgers will not escape punishment through the operation | of the statute of limitations if the House! passes a bill to continue the military status of deserters. The American Le- j gion, supporting the measure, urges unrelenting Federal warfare against slackers. States which pay adjusted compensa- i tion to their ex-service men now in- j elude: Minnesota, Main, Michigan, Mas- ! sachusetts, Missouri, New Jersey, New j Hampshire, North Dakota, Ohio, Oregon. Rhode Island, South Dakota. Y*ermotit, Wisconsin and Washington, according to John Thomas Taylor, vicechairman of the American Legion’s legislative committee. - Gun play between the chamber of commerce and the American Legion post at Akron, Colo., resulted in the death of 930 rabbits, which were distributed to needy families in Denver. The shooting match benefited farmers, who have been greatly troubled with rabbits. Legionnaires throughout the country have been invited to join the second annual ascent of Mount Hood by the j American Legion post at Hood River, Ore. The eleven-thousand-foot climb will be made by the party during the summer, in continuance of a custom started by last year's expedition. Twenty hospitals in three years is the record of one disabled fighter discovered by the American Legion. Physicians at Fort Lyon, Colo., where this patient is now being treated, say that he at least will never suffer from getting in a rut. Raises Fine Oranges in Hoosier Home Special to The Times. SEYMOUR. Ind., Jan. 17.—James F. j Tunley, city councilman, sits at home i and writes letters about his orange crop j while his friends spending the winter in 1 Florida write letters telling of the j oranges there. Tunley has a tree of his own and there j are twenty oranges on it.
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Mrs. Harding’s Letter Arouses Voters League Appeal to Women's National Republican Club for Party Loyalty Noted. Special to Indiana Daily Times and Philadelphia Public Ledger. BY CONSTANCE DKEXEb. WASHINGTON, Jan. 17.—The divergence of opinion within the Republican national committee here In regard to the powerful League of Women Voters has been brought suddenly Into the public view by the letter of Mrs. Harding, read at the luncheon of the Women's National Republican Club In New York last Saturday. Mrs. Harding did not mention the league by name, but she wrote a strong plea for “partisan” loyalty to the group that has been fighting the League of Women Voters. Mrs. Arthur Livermore, president of the Women’s National Republican Club and a member of the Republican executive committee, has fought the league. Mrs. Medlll McCormick, one of the speakers who went to the luncheon from Washington, Is the wife of the Senator from Illinois and also one of the women members of the Republican executive committee. She and Mrs. George Bass, head of the women's bureau of the Democratic party during the last two presidential campaigns, did their best to prevent the formation of the Illinois State League of Women Voters following the ratification of the suffrage amendment. But the league was formed and is now one of the strongest and most Influential In the country. CONGRESSWOMAN OPPOSES LEAGUE.
Alice Robertson, only Congresswoman, also has opposed the league. Both she and Mrs. McCormick were invited speak ers at the luncheon, taking occasion to advise women that they should belong only to a political party, preferably the Republican. Mr. John T. Adams of the Republican national committee went up from Washington to speak at the luncheon. He did not mention the league but said “good Republicans would much rather have the women become Democrats than have them organize under the pale banner of nonpartisanship or the factional standard of a woman’s party.” What makes the divergence of view all the more apparent is the absence at the luncheon of Mrs. Harriet Taylor Upton, vice chairman of the Republican executive committee. She was head of the women's bureau during the presidential campaign and has occupied that position in national Republican headquarters here during this administration. But she did not go to the luncheon. And thereby hangs a tale. Mrs. Upton, from the first, has differed from the group that has fought the League flf Women Voters. It has been her policy that, even from a purely selfish point of view, it was beter to have the league with the Republican party than against it. AFFILIATE IN WASHINGTON. Here in Washington at least, that policy seems to have met with success. There has been the greatest cooperation between the Republican party organization and the League of Women Voters. They have occupied the same office building, one on the ninth floor, and the other on the tenth floor. Their physical nearness seems to have been no greater than their spiritual nearness. Yet that policy of cooperation between the Republican party and league has met with severe criticism from Republican “politicians,” both men anti women. They have taken the view that the Republican party could best be served by using its power to corrall all women within Us ropes, binding them to affili ate themselves with no other association. The League of Women Voters distinctly calls upon Us members to Join a political party but also to work for political reforms by means of the league. In other words, it might be said that members of the League of Women Voters are good Democrats or good Republicans, but with ‘’reservations." They refuse to be rubber stamps, and are therefore harder for political organizations to deal with when it comes to voting time. Which view is correct iB open to discussion. But the feeling in feminine political circles seems to be that the attempt to corrall women into ,he Republican party, damning the league, wit. only serve to drive the progressive women—those who prefer to do their own thinking—out of the party into the league.—Copyright, 1921, by Public Ledger Company. __is Investigate Death of Chicago Merchant NEW YORK, Jan. 17.—Detectives today are investigating the mysterious death of Adolf Kohn, Chicago merchant, whose body was found in his room at the Hotel Martinique last night. An autopsy was being performed on the body today to discover the cause of death. There were no traces of poison which he might have used or indications that he had been murdered. Chicago Stockyards Are Swept by Fire CHICAGO, Jan. 27.—Three fires, causing the death of thirty-five horses and a property loss of $50,000, broke out in rapid succession at the stockyards here today. The fires were incendiary, investigators believed. Fine for Neuralgia Musterole insures quick relief from neuralgia. When those sharp pains go shooting through your head, just rub a little of this clean, white ointment on your temples and neck. Musterole is made with oil of mustard, but will not burn and blister like the old-fashioned mustard plaster. Get Musferole at your drug store. 35 & 65c in jars & tubes; hospital size, $3. BETTER THAN A MUSTARD PLASTER —Advertisement.
KEY TO SUCCESS IN BUSINESS IS CONFIDENCE G. W. Hafner Gives Talk to Indiana Builders’ Association. Exact information and confidence are necessary to success in business, G. W. Hafner, consulting accountant and systematizer, told members of the Indiana Builders Supply Association in convention at the Claypool Hotel today. “The average business man Is noteworthy for the manner in which he assumes responsibility without knowledge,” Mr. Hafner said. “The difference between success and failure is a matter of confidence bulwarked by facts.” He declared that for success in business there must be system and that cost accounting must occupy a more important place than ever before. For success a man must know the existing state of his business, be said, must be happy in the existing state of his busines and must do everything possible to improve the existing state of his business. The second speaker on the program of the morning session was Leslie Allen, who spoke on “Cement Blocks and the Dealer." In the afternoon the speakers were Burt T. Wheeler, president of the Kimbell-Wheeler Brick Company, who spoke on “Why Handle Face Brick,” and Alfred E. Martin, an attorney, who spoke on “The Banker and Business.” The election of officers also was scheduled for this afternoon. Tonight the association will give a banquet at which Charles J. Orbison, Col. C. S. Bullock and Walter O’Keefe will be the speakers. At the opening session yesterday afternoon reports were made by Oren A. Miller, president; Roland H. Hildebrand, secretary, and Harry A. Rogers, treasurer. An address of welcome was given by Arthur E. Bradshaw, president of the National Builders’ Association. Other speakers were E. T. Sturtevant, secretary of the Hollow Building Tile Association, and E. O. Flppin, general manager of the National Lime Association. According to a number of members of the association there Is no indication of a further decline in the price of building supplies. Some expressed the opinion that there might be a slight increase. NAB CASHIER OF ST. LOUIS BANK Authorities Arrest Meining in Connection With $754,000 Shortage. ST. LOUIS. Mo., Jan. 17.—Arthur O. Meining, cashier of the Night and Day Bank, who dlsapeared following the closing of the bank by State bank examiner*, who discovered a shortage of $754,000, was arrested in Belleville, 111., last night and brought to St. Louis. He was released on $20,000 bond. Melninger vanished Jan. B, and the bank closed its doors the next day. He refused to teil police his whereabouts during his absence and declined to say if others are guilty. Several days after Melninger disappeared. the St. Louis grand Jury returned an Indictment against him charging him with “feloniously making a false affidavit concerning a corporation.”
RETAILERS TO BE DINNER GUESTS C. of C. to Entertain South Bend and Peru Visitors. The address of welcome at a dinner to be given at the Chamber of Commerce I Jan. 24 to 150 retailers from South Bend. ! Peru and intervening points will be made by Charles P. Coffin, president of i the Indianapolis Chamber of Commerce, I who also will preside at the dinner. G. ! Barret Mosley of the Kiefer-Stewart ; Company will speak on “Indianapolis— j The Logical Wholesale Market.” This diner is part of the entertain- j merit furnished by the wholesale trade j division of the Indianapolis Chamber of l Commerce to visiting retailers who will j lie brought in over the Winona intenir- , ban railroad on Jan. 24 and 25. After ! he diner a theater party will be given j the visiting retailers at Keith's. This excursion i3 the first of a series ; planned by the wholesale trade division | of the Chamber of Commerce in cooper- I ation with the four interurban railroad companies, ns a means of stimulating j trade in Indianapolis so that retailers will place their orders here Instead of I in Louisville, Cincinnati, Chicago and i other competing wholesale centers. This plan of bringing the retailers h.-re is simply an outgrowth of the plan j by which Indianapolis wholesalers from j tiine to time make courtesy trips to the retailers in other cities. The bringing of the retailers in will not in any way supplant tho courtesy trip idea. During 1921 nine different courtesy trips were made out of Indianapolis. According to E. L. Ferguson, secretary of the wholesale trade division of the chamber, ti -“<• courtesy trips will be continued throughout the year.
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INDIANA DAILY TIMES, TUESDAY, JANUARY 17,1922.
NEWSPAPER MAN ASKS REHEARING (Continued From Pag© One.) employed by the Indiana Daily Times as its managing editor, and Mr. Butler as its editor. Mr. Kilgallen had charge of the news and Mr. Butler of the editorial matter published in the paper. Neither was subordinate to the other and both were individually responsible to the owners of the newspaper. The alleged contemptuous article was written by Mr. Butler without the knowledge of Mr. Kilgallen, who only became aware of its existence when the type was placed in the forms for publication. The brief submitted to the Supreme Court sets out these facts as follows: “Subsequent to March 12, 1919, said Robert A. Butler was employed as ‘editor’ of the Indiana Daily Times and the record herein discloses that Butler, and no other person, is responsible for both the preparation and publication of the article set forth in the information tiled by the prosecuting attorney, and for all articles of a similar character published in said newspaper. Butler was not selected or employed by appellant—neither was Butler ever subjected to appellant's orders or control. The powers and duties of said Butler, as ‘editor’ of said newspaper, have always been of a wider scope than the powers and duties of appellant herein. If the court knows any fact at all by ‘common knowledge,’ it knows that the ’editor’ of a newsprper is wholly independent of the ‘managing editor’ thereof. Appellant had no jurisdiction or control over said Bu'ler or my of his acts as ’editor’ and appellant had no power whatever to prevent, and cold not in fact prevent, either the preparation or the publication by said Butler of the editorial comment which this court has held amounts to an indirect contempt of the Marion Criminal Court. These facts are gli admitted. They are set forth in Appellant's answer herein, and are not disputed by the attorney general in appellee’s brief. Appellant insists that there is no other decision published in the English language In which a. higher court has upheld the judgment of a lower eourt eonvlcting an innocent man of a crime which was committed by another known individual without the knowledge or consent of the convicted defendant. “The theory on which this court has affirmed the Judgment of the lower eourt is that it is the duty of the publisher or proprietor of a public paper to use r> i* sellable caution to prevent the publication of libels and that therefore ‘he cannot exonerate himself from liability to punishment for contempt in case an article reflecting on the courts is published in his paper bv denying that he had any knowledge of the article prior to Its publication,’ and further that ‘one who furnishes the means l'or carrying on, and derives profit from, the publication of a newspaper, and intrusts its man agement to servants and employes whom he selects ami controls, may bo said to cause to be published what actually appears and should be held responsible therefor, etc. SAYS ERROR LIES IN i Ol K 1 S ASM Ml-riUJi. "The error of the court in Adopting this theory lies in the fact that it assumes that the editorial comment which con stitutes a criminal contempt in the in slant ease was prepared and published by an employ© of the Indiana Times who was selected, employed and controlled by Appellant. As above set forth said article was prepared and published by one Robert A Butler, who was not in any sense, sele-ted, employed or con trolled by Appellant. Moreover, the undisputed fact is (as above pointed out) that said newspaper urtb le was prepared, written and published under the sole dl reel ion, control and authority of said Robert A. Butler in the ordinary course of the duties of said Robert A. Butler as an employe of said newspaper. "It is further shown by the record herein that the Indiana Dally Times is n corporation organized under the laws of the State of Indiana, and that said corporation was and is the owner an t publisher of said newspaper; that said Butler -ivas employed by said corporation and was subject to the orders and under the control of his employer, and that said Butler was not employed by or subject to the orders of Appellant as manager of said newspaper, The president and board of directors ,f said corporation are alone responsible for the sets of said Butler. It Is obvious, therefore, that this court has erred in its assumption that Appellant Is responsible for articles which are prepared and published in the Indiana Daily Times by said Robert A Butler, If the proprietor or publisher of said newspaper Is to be punished for B'utler’s acts, then the president and the board of directors are the guilty parties—not ’this appellant ” ( Editor's Note—ln subsequent articles, the peculiar process by which the courts have arrived at the conclusion that an Innocent man should be punished for the actions of one over whom he had no control will be discussed in greater detail.)
Doctor, Charged With Murder, Gives Bond EAST ST. LOUIS, 111., Jan. 17.—Dr. Hubert X. McCracken. Belleville, charged with the murder of Mrs. Clara KUhwine and her father-in-law, William Rb hwin©. last Monday, In two warrants issued yesterday, was at liberty on $ 10,000 bond today pending his preliminary hearing Jan. 26. Dr. McCracken was arrested Sunday morning and questioned throughout the day and night. Police steadfastly refuged to make public the evidence they have garnered against Dr. McCracken. 100,000 Pay Last Tribute to Ok uni a TOKIO, Jan. 17.—One hundred thousand people today attended the funeral of Marquis Okuma, member of the “genro” or eider statesmen, of Japan, who died a week ago.
U. S. TO HAVE FINEST ROADS EVER KNOWN More Than Billion Dollars Available for Highway Construction. CHICAGO, Jan. 17.—The United States stands at the dawn of the greatest road building era in its history. The Nation will have the finest and most extensive system of highways the world has ever known. This is the belief of the road builders who attended the National roads convention here today. Nearly sl/,250,000,000 is available under Federal, State and county appropriations, tax levies and bond issues, for road work this year, according to J. E. Penuybaeker, former chief of the United States Bureau of Public Roads, now secretary of the National Asphalt Association. More than 700,000 men will be employed in road construction and patrol work this year, he states. In addition 200,000 more men will be employed-in the road machinery manufacturing plants and in the material plants. Approximately $610,000,000 was spent on the roads in 1921, according to I’ennybacker. The amount for 1922 will be double that, he said. Asphalt highways’ constructed in the country during last year would make a road thirty feet wide extending from Augusta, Maine, to San Francisco, Fennybackei said. Concrete manufacturers at the show announced 02,000,000 square yards ot concrete pavement were constructed in 1921, or nearly 74 per cent more than in 1920. Lieut. Col. Bowlby, Washington, D. C., president of the American Itoad Builders' Association, in his annual address, “condemned” the present attitude of negation displayed by railroads and State railroad commissions toward the elimination of grade crossings. WAVE OF CRIME MOVES AGAIN
Chicago Bandits Rob Bank, Shoot Two and Obtain Much Loot. CHICAGO, Jan, 17.—Chicago's crime wave set the police department In full motion ngain today. Three bandits held up the Star Loan Bank on the west side and escaped with between $1.5,000 and $20,000 in Jewelry and currency, according to B. Hubseboian, one of the proprietors. At practically the same time two men were shot and between sto,ooo and Sl2/HK) taken by bandits in a bold hold up in the heart of one of the busiest districts on the south side The wounded men are Anthony Koefoot and Joseph Ross, employes of the City Trust and Savings Bank. They had in their possession the Ward Bakery Company pay roll. ST LOUIS, Mo., Jan. 17.-Another daring daylight hold-up was staged today when two automobile l audits knocked down William Smith, mesaenger of the bank of Maplewood, a suburb, robbed him of $4,100 and escaped. Ingrersoll Told He Must Make Choice WASHINGTON, Jan. 17—Charles E. Ing- rsoll today was ord< r- <1 by the Interstate Commerce Commission to make his choice of holding his position rs .11 rector on the Missouri Pacific Railroad nr ns prcsld-nf of the Midland Valley Railroad, lug.-rsoll was allowed by the commission to continue holding his position as director of the Pennsylvania Railroad, the Philadelphia, P-altimorc AWashington and position as president of the North Pennsylvania.
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Jitney War on in Newcastle Special to The Times. NEWCASTLE, Ind.. Jan. 17—There is a jitney war being waged in Newcastle today and the patrons pocket the spoils. Browning and Bouslog, two drivers of jitney buses, have made it possible for the former strap hangers to ride for 3 cents. Browning offered a special “January clearance sale” of tickets thirty for $1 if bought in dollar lots. Bouslog countered with an offer of thirty-two tickets for sl, and said he would sell them In quarter lots. A jitney bus ride at 3 cents Is about the cheapest thing in Newcastle. RAILWAY HEAD PLEADS CAUSE OF COMPANIES Willard Declares Lines Face Serious Financial Difficulties. WASHINGTON, Jan. 17.—The railroads must earn 0 per cent on their stock and half as much more for their surplus funds if they are to meet the commercial needs of the country during the next two or three years, Daniel Willard, president of the Baltimore & Ohio Railroad, testified under cross-examination before the Interstate Commerce Commission in the rote hearing today. Many of the railroads, particularly in the Eastern territory, have reached the stage, lie said, where their outstanding bonds ns compared with their stocks are so large that future financing must l.e done through new issues of stock, otherwise their bonds will be disqualified. Walker D. Hines. Director General of Railroads during the period of Government control, has announced he would appear before the Senate Interstate Commerce Committee in an effort to ‘brow additional light on past activities of the railroad administration. He will testify before the committee in connection with its investigation of tho general transjo rtation situation, nml is expec' ed to make recommendations in regard to certain proposed amendments of the Esch Cummins act.
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