Indianapolis Times, Volume 35, Number 294, Indianapolis, Marion County, 19 April 1923 — Page 1

Home Edition* FULL services of United Press, United News, United Financial. NEA and Scripps Alliance.

VOLUME 35—NUMBER 294

ACCIDENT MAY END MYSTERY Relatives of Mrs, William Bender, Who Disappeared Three Years Ago, Believe She May Have Been Woman Killed at Cincinnati,

If Mrs. William Bender of Dayton, Ohio, killed In an automobile accident that cost three lives and injured one person. In Cincinnati Wednesday, proves to be the Mrs. William Bender who formerly lived ac 1009 W. Thirty-Fifth St., Imitanap oils, a sum or money is awaiting her heirs. Mr. and Mrs. F. W. Banister, 1342 W. Twenty-Third St., brother in-law and sister-in-law of the Mrs. Bender who Uvea here, said today after viewing newspaper photographs they believed the woman killed in Cincinnati might be the wife of her brother. The dead woman was known as Mrs. Hazel Bender. Mrs. Banister said that her sister-in-law was Mrs. Marjorie Bender, but that the age of the dead woman and that of her sis-ter-in-law were the same. Missing Three Years Mrs. Marjorie Bender disappeared three years ago and Indianapolis relatives never have been able to locate her. She was the daughter-in-law of Chris Bender, who lived on •‘Millionaire Row” on Cold Spring Rd., and was an extensive raiser of flowers and EDITOR OF ‘FIERY CROSS’ADITS USE OF ASSUMED NAME Milton Elrod Says Family Safety Depended on Secret Identity, Milton Elrod. 953 Woodruff Place today gave out a statement in which he said he Is “John Hamilton." act ing editor of the “Fiery Cross," KuKlux KJan publication. Elrod also gave the information to Prosecutor Evans, upon whom ho called late Wednesday to discuss charges the Klan paper had made that there were sixty-thre© places in Indianapolis where law was being violated with police knowledge. Elrod, as “John Hamilton,” told the prosecutor the "evidence” the pap“r had to back up the charges were in the form of anonymous letters. The prosecutor said prosecutions could not be based upon such data. Elrod's Assertion Elrod’s statement: "It Is true that my name is Milton Elrod- I am a Protestant, and have been a citizen of the State of Indiana all my life. I have lived in Woodruff PI. for fourteen years. “My reason for assuming the name of John Hamilton was in order that try family migflt live in peace and that I would not be forced by a gang < f thugs and gunmen to move to Dayton, Ohio, as has been found necessary by Mr. Ernest W. Reiehard, managing editor of the Fiery’ Cross, vho has been compelled to take his r.ged mother to Dayton, Ohio in order to keep from having her worried to death. “New line of Strategy” "The Fiery Cross has never yet made any statement unless they had the goods, and Mayor Lew Shank and fcx- crowd are being introduced to a ! B**w line of strategy. Maybe they tike It, and maybe they don’t, but 15,000 ICansmen in the city of Indianapolis. with organizations in every block and every ward are going to show them that they have the moral courage to move in the right direction, at the right time.” MALE DANCER TAKES AWAY CHAMP CROWN Athlete Goes for 88 Hours and 18 Minutes to New Record. By Untied Press CLEVELAND, April 19.—Arthur Klein, 23, the “masked darter,” bo came the champion of champions today with a record of eighty-eight hours and eighteen minutes of continuous dancing. Klein had been dancing masked un-i til he passed the mark of seventy- i three hours established by Miss Mag dalene Wolf yesterday. Then he tore off his domino and revealed his idem tity. He is an athlete. Church Singers in Concert The Schola Can to rum. composed of singers from the choir of S3. Peter and Paul Cathedral, will give a concert tonight In the Travertine Room of the Lincoln. The program will be repeated Friday night. HOURLY TEMPERATURE 6 a. m 48 10 a. m 63 j • a. m 48 11 a. m 68 j * a. m 54 12 (noon) 70 i 9 a. m 61 1 p. m 71 j

Once in Twenty Years a Detective Story of Real Merit Is Written

The Indianapolis Times

l vegetables in the large greenhouses j which he owned. The Indianapolis Mrs. Bender’s maiden name was Marjorie Lowell, ' according to Mrs. Bannister, who said i Mrs. Chris Bender, William Bender's | mother met her while both were i patients at the Deaconess Hospital. | Airs. Bender Invited Miss Lowell to the Bender home after they recovered. Here William met Marjorie end they were married Feb. 25. 1915, the Bannisters said. Miss Lowell was a student at the Lane business college. More than five years ago Chris Bender hanged himself in a bam I when he believed the Government i would refuse to permit coal to be used !in greenhouses during the remainder lof the World War. Six days later Wll- ! 11am Bender committed suicide. Two Children Left Mr. and Mrs. William Bender had ! two children, William and Alma, who : would now be about 7 and 6 years ! old. They accompanied their mother i when, after disposing of real estate here, she disappeared. loiter, accord- ; ing to Mrs. Banister, an attorney sent Ia check representing Mrs. Bender's : share in the estate of Chris Bender, to a c ty in Canada, where she said she j would live. The check was returned j by postal authorities, who notified the attorney that no person by that name ever had lived In the city. William Bender's estate, according to Mrs. Banister, has abou* S4OO, from settlement of a defunct corporation, due the children. Burial m Dayton The amount of the Chris Bender es j late due Mrs. William Bender's heirs ! was not mad© public. According to a dispatch from Cin--1 olnnati, the bqdv of Mrs. Hazel Bender, was taken to Dayton, Ohio, Wednesday night by her brother inlaw, Raymond Unger of Dayton. Funeral services will be at Dayton, Friday. Indianapolis relatives of Mrs. Marjorie Bender said they did not know in what city she lived previous to her marriage to William Bender. OUESENBERG TELLS OF CAS PRODUCTION Engineer Says Changes Cause Factory Delay. Fred Duesenberg, chief engineer of the Duesenberg Motors and Automobile Company, testified today in a Superior Court suit for receiver for the company that $63,500 due him and hi? brother August, assistant engineerr as bonus, was waived Jan. 1, 1922, because the company was not producing cars. Sixty days notice that he would resign served on the company In 3921, because he thought the company had not lived up to his contract was withdrawn, he said. Testimony showed that a total of more than $2,000,000 In preferred stock has been sold, as much as 17 per cent con-mission for sale being paid. Common stock issued amounted to 100.000 shares, with no par value, though carrying the voting power, it was testified. “The right to sell the Duesenberg car, the good will and the name are worth between $1,000,000 and $2,000.000 to the company,” Duesenberg said. When atomeys seeking appointment of a receiver ask*nl him why, with so much stock sold, so few cars were produced, Duesenberg said It “was due t© delays, and changes on the car." RADIO TOURISTS VISIT US Philadelphia Molorists Making CrossCountry Trip. Fred C. Dannenhauer, Jr., and H. L. Berliner. Philadelphia. Pa., stopped in Indianapolis today on a transcontinental trip in the Interest of radio. They started from Philadelphia April 12 in a Stutz car equipped with a complete radio set. Los Angeles Is the destination. The trip is being made to test radio transmission in all altitudes and climatic conditions. COSTLIEST BOOK FOUND Princeton Posseses First Edition of Virgil. PRINCETON. N. J.. April 19. What is the most valuable book in the world? As far as the Princeton viewpoint goes this question has been answered. A first edition of Virgil, the only volume of its kind In the Western Hemisphere, is held by Georg© M. Peck, curator of special collections in the Princeton University library, to be the most prized book of all the 500,000 volumes there. This gem of the Prlncton collection is more than 450 years old. Printed at Rome in 1469, the volume hears the name of Sweynheim A Pan narthe. publishers.

SUGAR COMPANIES SUED AS GOUGERS Blf GOVERNMENT | Department of Justice Files Action Against New York Concerns, By United Preen WASHINGTON. April 19.—The Department of Justice today filed in the United States Court in New York a I petition In equity ugainst the New i York Coffee and Sugar Exchange. Inc., and New York Coffee and Sugar Clearing Association, Inc., in which the court was asked to enjoin the defendants “front further engaging In and carrying out tn the i United States a combination and conspiracy In restraint of trade and commerce in raw and refined sugar.'’ The Government’s action was annonuoed today by Acting Attorney General Seymour. The petition announced that as a result of fictitious transactions carried out by the defendants, the price of raw sugar in this country and the price of refined sugar to the-consumer has been increased since Feb. 7 on an average of more than $2 per 100 pounds. II further charges that "these speculative operations, carried for the purpose and with the intent of unduly handling the price of both raw and refined sugar, and which have accomplished that object, constitute an unlawful conspiracy In .restraint of interstate and foreign trade and commerce. ARCHITECTS BUST ON SELECTION OF MEMORIAL DESIGN I Final Choice for War Plaza Will Be Made Today in Secret Session. Final selection of the design for the Indiana War Memorial was being made by the jury of three architects today. The winner among the twentysix who submitted plans was expected to l>e determined late this afternoon. The drawings submitted Include plans for the development of the entire plaza from New York St. to St. Clair St., between Meridian and Pennsylvania Sts., and plans for the war memorial building. The project will cost 42.000.000, exclusive for tlie cost of the land, which already has been purchased. Selection Secret Work of selecting th© winning draw mgs Is secret. Not oven members of the war memorial commission have seen them. It. was said that, while the architect with tho winning drawing will be given the contract for the work, it may be necessary to modify ids plans to some extent to meet Interior requirements. which have not been determined. McCray Has I\>y Drawings have been numbered and Governor McCray is in possession of the names of architects corresponding tc the numbers. The winning architect will he awarded $120,000: the second prize will be SIO,OOO, and the third. $7,500. The Jury selecting the design consists of Milton B. Medary, Jr.. Philadelphia; Henry Bacon. New York, and Charles Adams Platt, New York. BANDITS HOLD UP TRUCK OF AMERICAN EXPRESS CO. Non-Negotiable Pa|>er and 1700 in Cash Ls Loot at Kansas City. By United Preen KANSAS CITY, April 19.—Bandits today obtained a large amount of nonnegotiable paper and about $1,700 In cash when an American Express Company money truck was held up today. Firing shots into the air, the handlts compelled th© truck driver to surrender a box containing the money and papers. Students Visit Statehous© Twenty-eight students of the Teach ers' College of Indianapolis, depart ment of history, were visitor? at various offices at the Statehouse today in connection with the college's course In civics and government. Mrs. Fan ' nle K. Baker, instructor In history, conducted the girls throughout the building.

Airship Goes to Relief of Island Party

Hu l nitcd Pie** SELFRIDGE FIELD, MOUNT CLEMENS, Mich., April 19.—Flying a 150-horse power Curtiss airplane, Lieut. E. C. Whitehead left today for South Fox Island, In northern Lake Michigan, where nine men and a woman are marooned without fowl. The plane stopped at Northport, Mich., to take on supplies before mak Ing Its final dash to the storm-swept island. The party has been on the barren island for several weeks waiting for the

INDIANAPOLIS, THURSDAY, APRIL 19, 1923

INDIANS SHAKEN UP 000000 ooc-000 000000 c-00000 Parades Stir Opening Day Hopes of Rival Rooters

’ME ANO SARAH’ GREET VISITORS FROM LOUISVILLE Marching of Fans Features Festivities —Floral Horseshoes Figure, By FELIX F. BRUNER. Said Mayor Lew Shank of Indianapolis to Mayor Houston Quinn of Louisville: “"We’ve brought a brass band ’neverthing to meet you birds.” Brass bands, tin horns and just lungs today filled the atmosphere with such a racket as is seldom heard in Indianapolis, for it was the day that the good old American command, “Play ball,” sounded again at Washington Park. It was music to the ears of thousands of rooters A parade had been scheduled but there were parades and parades—not Just a parade. First of all there was the Louisville parade. Five hundred rooters including Mayor Quinn. Chief of Police Braden and most of the members of the Louisville Elks Club. Meeting at Station They were met at the s’ation by Mayor Bhank and Mrs. Shank and most of the city administration. The rooters paraded through the downtown streets to the local Elks Club. Mounted Police an4l the police band hesded the procession. The police were followed by cars containing the officials and then by the Louisville Elks band. Followed the mnters—hundreds of them—on foot and in automobiles, marching along the strains of "My Old Kentucky Home.” Then there was the other parade— The F,!g One staged by the hometown. There were seven bands, and there were floats, and rooters, nnd decorated automobiles, and more rooters, nnd amateur ball teams and crowds lining tho streets—and right up In front were the rival ball teams. They’re Real Rivals Indianapolis and Louisville are real rivals when It comes to baseball. Neither team plays so hard as when It plays the other. They were both determined to tvln today. Bo were the rooters from both cities. They slapped each other on the back before the game and they expected to do the same afterward, but while the teams 'Aere playing It was a different story. Tho big parade started at 1:30 o'clock and wound through the prin clpal streets to the bull park. More Floral Horseshoes At the park other ceremonies were arranged. Jack Hendricks, Indian manager, doesn't remember how many floral horseshoes ho has received In his life, but the was ready for more. Governor McCray was on the schedule to toss the first ball to Mayor Shank, who promised to try to pitch It. Lew is noted for his wild pitching and the umps were all ready to call It a ball Governor McCray was a little overweight at the beginning of the season but ho promised to do his best. ILLINOIS TOWN REPORTED RAIDED BY BANDIT GANG Wires Cut, Bank Entered nnd Operator Is Robbed. By United Preee PARIS, 111., April 19.—Reports reached hern this morning that the town of Oshmore, IIJ., about thirty miles west of here, had been raided by a bandit gang last night. All telephone and telegraph wires were cut. According to reports from Oakland, the yeggs had broken into the Ash more Bank building hut had not forced open th© vault. The night telegraph operator at the Big Four station was hold up, robbed of $36 and tied to a telephone pole !n a dark alley.

!c© in Lake Michigan lo break up. When provisions became almost >xhausted, three of the most sturdy members launched a frail skiff and fought their way to the mainland in heavy seas filled with ice. After battling the ice floes for two hours*, the frail craft was crushed and the men were forced to jump from block to block, sometimes only missing death In tho Icy waters by Inches. The men fought their way across the fifteen miles of storm-swept wil

*■ N

Honor dropped out of the sky for Jack Hendricks, manager of the Indians, at the opening ball game with Louisville at Washington Park this afternoon. Miss Mlgnon Wagner, 8, daughter of Dr. nnd Mrs. Herbert

PROHIBITION GETS SEVERE SETBACK

WOMAN, 02, ENDS LIFE WITH FOiSON Despondency Thought to Have Beef) Motive, Despondency over th<- recent death of her son was believed today by Coroner Robinson to be the motive Ur suicide of Mary E. Chew. 62. who was found dead In her home near Green wood Wednesday night after she had taken poison. Accord!? g to information given the coroner, Mrs Chew, who was living with her son, OnU* Chew, was left alone In the house a short time Wednesday night. When Chew re turned, he found her lifeless body on the bed. A bottle was found near by. Chew told the coroner that his brother Morton died about two weeks ago and his mother had been despondent since. The funeral will be held Saturday’. FIVE MEN ARRESTED IN RAID ON POOLROOM Police Say “White Mule” Found in Place at 1504 Itlaine St. Five men were arrested today following a raid on the poolroom of Wll ham Netherton, 26, at 1504 Blatn© St Netherton was arrested on a charge of operating a blind tiger. Sergeant Hudson and squad and Federal Officer Neijan said they found a pint of “white mule.” Others arrested and charges: Charles Smithson, 32, of 1334 McLain St., v;igrancy and Interfering with officer; Lawrence Hiatt, 21, of 1862 S Belmont. St., vagrancy; Marlon White, 1133 McLain St., vagrancy; Cecil Sawyer, 1805 Lambert St., vagrancy. ‘BLUE LAW’ IS TABLED Author of Illinois Measure Does Not Favor It, He Says. By United Press SPRINGFIELD, 111., April 19.—The Illinois Sunday ‘ blue law” hill which would have closed all commercialized amusements in the State was tabled by the Senate today on motion of Sen ator MucMurray, its author, who said he introduced it by request and did not favor it. Freight Car Ransacked A C.. I. & W. freight car in the Pennsylvania yards near Morris St. has been opened and ransacked, yard officials told local police today. Detectives are investigating contents and ownership of the car.

derness and reached North port late last night. Major Carl Spatz. coni inanding officer of Selfridge field, lmnediatelv offered assistance. The men who reached the main land are Edward Horn, 23, of Sutton's bay; Carl Cooper, 35, and Ellis both of Travers City, Mich. The party established a camp on tho northern side of the island last fall where the men engaged In cutting timber. They had enough provisions for several months, but did not ealeu late such a long winter.

E. Phillips Oppenheim, foremost mystery story author, has just written hla masterpiece, “Exploits of Sir Norman Greyes,” which begins as a seriil in tomorrow’s Indianapolis Times. *

Entered 8* Second-class Matter at Post-office, Indianapolis. Published Daily Except Sunday.

MIGNON WAGNER

T. Wagner, 2357 N. Talbott Ave., slid down from the roof of the grandstand In the Rotary ' 4lt> ''airplane,” which operated on a pully and presented Jack with a huge bouqdfet In behalf of the club, of which he is a

Decision of Supreme Court Makes New State Acts invalid, • Mere possession of intoxicating liquor no longer can be Held in violation of existing Indiana statutes, and the possessor, on basis of the sole evidence of own-fit-ship ,-an not be held liable, under the scope of a far reaching decision handed down today by the State Supreme Court. The court reversed the decision in a comparatively unimportant case appeal* i from the Delaware County Circuit Court. The court concurred unanimously in the decision and opinion handed down by Judge Benjamin M. Willoughby. The decision does not affect power of Federal agents to arrest for possession of "moonshine" liquor, ’or liquor acquired since national prohibition became effective. Title Not Altered In the case, appealed by Robert Crabb versus the State of Indiana, against decision of the Delaware Court, the Supreme Court held failure of the 1921 Legislature to alter the title of an amendment to the 1917 prohibition law causes original provisions of the 1917 act to prevail. Mrs. Edward Franklin White, second deputy attorney general of the Btate. said today: "Effects of the decision on the 1922 act. particularly, will be disastrous to the prohibition movement, tiecause fiulure this year to amend the title of the act causes the present law to come under the Supreme Court’s decision affecting the 1917 and 1921 acts.” Original Act of 1917 The title of the original prohibition law, enacted in 1917, specified, “an act prohibiting the manufacture, sale, gift, advertisement or transportation of Intoxicating liquor, except for certain purposes and under certain conditions." Beyond amendatory provisions neither the substance nor the phraseology of the 1921 and 1923 titles were changed, Mrs. White said. Possession of intoxicating liquor, by the 1917 law, was construed tis prims facie evidence of the owner's Intent to sell, allowing certain exceptions, Mrs. White said. Title of th© 1921 act remained as originally written. The act, however, made unlawful the transportation and possession of liquor, citing them as separate offenses. The 1923 act, Mrs. White said, leaves out possession with intent to sell, permitting the law to revert hack to the original 1917 provisions. Although tho decision was directed specifically toward the first two acts, the great scope of the decision includes the 1923 act, she said. One Hope Left “The only hope of prohibition is through appeal to prosecuting attorneys for broader and more careful preparation of affidavits. Indicating more stringent investigation, in order (o prove facts In addition to the mere possession of liquor,” Mrs. White said. The decision will knock out portions of the 1923 prohibition law, according to R. O. Minton, assistant Federal prohibition director for Indiana. “That, part of the 1923 law as to possession will be invalid in view of the decision,” he said. “This law provided that a defendant convicted of possession or sale was guilty of a felony. The part referring to possession tow is invalid.”

member. Dr. Wagner also is a Rotarlan. * The photograph shows the “aviatrix" practicing her stunt before the crowd arrived.

FIVE PERISH IN APARTMENT FIRE Ten Reported Missing in Blaze at Lynn, Mass, By United Press LYNN, Mass.. April 19. —Five persons are known to have been killed and ten are reported missing In a fire in the Essex Castle apart ment house. The dead: Frank Tozier. 42. George Philpot. 32. # Mrs. Antoinette Hanlon. Miss Margaret Suttef. Harry Fairchild. Police believe the persons un- I accounted for probably escaped and took refuge in neighboring houses, j They are searching the ruins for, todies, however. The fire started on the second floor! near the elevator shaft. All stair- | ways were cut off. A score were i saved by being carried down ladders. : Several jumped into life nets. : AMBULANCE IS OFFERED Flanner Buchanan Act to Relieve City Shortage. Flanner & Buchanan, undertakers, | announced today that they have offered free to the city use of anew ambulance while two of the city's three cars are being repaired. The firm said city hospital authorities will call the private ambulance In case of emergency when the one undamaged city car is on another call. RESCUE BY HUMAN CHAIN Women Autoists Saved After Plunging Down Embankment. By Times Special ELKHART, Ind., April 19.—Mrs. H. A. Church, this city, and Mrs. Inez Williamson narrowly escaped deatt when an automobile in which they were riding, rolled backward down an j Incline, turned over four times and j plunged over a sixteen-foot embank- j ment into St. Joseph river. Four men. j forming a human chain, rescued the : women. BELL CASE IN WIND-UP Phone Company Attorney Declares Rates Below Needs. Contending that present toll rates of the Indiana Bell Telephone Company are Insufficient to meet the economic needs of the company, and directing attention of the public service commission to financial difficulties under which he alleged the company ls obliged to operate. Perry O’Neal, attorney for the Bell, opened arguments today in the wind-up of the longest and most comprehensive investigation ever attempted by the commission. Confession “Sounds logical” By United Press LOS ANGELES, Cal.. April 19. The alleged confession of Herbert Wilson, former minister and now a convicted robber. that he manufactured the bomb used In the Wall St. blast In 1920 sounds "logical,” William J. Burns, Government secret service chief, declared today.

Forecast FAIR and warmer tonight. Friday increasing cloudiness with seasonable temperature

TWO CENTS

THREE PLAYERS ARE SNIFFED FOR FIRST GAME Os SEASON Sicking, Christenbury and Whelan Affected by Manager's Move, By EDDIE ASH Hustle up there boys, let’B have a BATTER! The opening game today, Louisville vs. Indianapolis, 3 p. m., Washington Park. For more than a month the players have practiced. For more than a month the fans have perused the “dope” and awaited this, the first day of the American Association season. . Clianges Announced Manager Hendricks announced a big shake-up in the. Indians’ lino-up this morning. Asa result the rosters of both outfield and infield change. The fact that Hendricks has not been satisfied with Christenbury’s defense of second base caused him to shift three players. Capt. Eddie Sicking was ordered returned to second base. Christenbury to right field and Tom Whelan was transferred from right field to shortstop. The other players trotted out to fill the same positions they have played during the exhibition contests. Christenbury continued to be the lead off man in the batting order. Burwell on Tribe Mound Burwell was assigned to do the Tribe pit, hing for the opener. The former C. ilumbus hurler appeared to be in excellent condition for the battle. Nick Cullop was elated to go on the mound for Louisville. Krueger was picked to work behind the bat for Indianapolis, if his injured finger did not bother him during practice. Bill Meyer was scheduled to do the backstop duties for the .Colonels. Louisville and Indianapolis traded first basemen since last season and the fans were interested keenly In the performances of Tex Covington and Jay Kirke

SIX ARRESTED FOR BASEBALL POOLS First Raids Are Made as Season Starts, First arrests of the season of persons alleged to be selling baseball pools have been made. Six men are held after two raids. Joe Ayd, 37. of 951 Indiana Ave . James Thurman, 22, of 515 Indiana Are., and Henry Cabaret Whitlock, 29, colored, of 551 Indiana Ave., are charged with operating a lottery. Gits Horlander, owner of a cigar and soft drink parlor at 238 Indiana Ave., * John Hatfield, 27, clerk, and Kenneth Ballard, 20, of 423 W. New York St., are charged with operating a gambling device. Ayd is proprietor of a dry beer saloon at Indiana Ave. and North St. Police allege they found three books of baseball pool tickets and $14.75 in money in his place. At Horlander's place, police charge they found two baseball pool tickets and $35.90 in money. Hatfield, police say, admitted selling -three tickets to Ballard at fifty cents each.

YOU’LL WANT A PINK If you see the opening game between the Indianapolis and Louisville fans, or— If you don't go out with the crowd— You'll want to read all about the contest—play by play—a complete account. SO GET A PINK, OUT IN A WINK. It will contain the box score and scores of other games in the National and American Leagues and the American Association, The high standard of today’s Pink will be maintained through the season, A word to the wise fan is sufficient—that’s all. Thank you.