Indianapolis Times, Volume 35, Number 21, Indianapolis, Marion County, 5 June 1923 — Page 1

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VOLUME 35—NUMBER 21

FARMS RILL FEE SUIT OPENS Daughter of Late Vice President Wins Preliminary Victories. LAWYERS DEFENDANTS Seeks to Break Contract Involving $200,000 Charges. Opening of the trial of the suit by Adelaide Fairbanks, daughter of the late Charles Warren Fairbanks, against her attorneys, Thomas A. Daily, State Senator from Marion County, and Charles T. Hanna, resulted in a series of victories for the plaintiff in Federal Court today. The suit grew out of a contract entered into between Miss Fairbanks and Hanna and Daily, by which it was said the attorneys were to receive 20 per cent of ail money recovered for her from the Fairbanks estate. Under the terms of the will she was given an annuity of 112.000 a year. The case was compromised and she received ner full share, amounting to about $1,100,000. Cuts Out $30,000 Judge Albert B. Anderson ruled early that $30,000 of the more than $200,000 fees claimed by Hanna & Daily were unconscionable. He then stated that the defendants must show that a confidential relation of ctlent and lawyer was not already in existence at the time the contract was signed. “You are going to have a lot of trouble convincing me of that,” Judge Anderson told Daily.' The claim for $30,000 was based upon the theory' that Robert Fairbanks, who Is said to be insane, would remain so and would die before his lister, thereby increasing her sjiare pf the estate. - - Carthot Value Contingency “That is unconscionable on the face of it,” Anderson said. “You cannot figure out the present value of a contingency.”

FRENCH DEPUTIES DEMAND ACTION Discussion of Royalist Plot Brought Up in Cabinet. By United Pros PARIS, June s.—The French cabinet met today to discuss the attitude of the deputies of the Left, who are determined to force further public discussion of the alleged Royalist plot against the republic. These members of the Left have resolved to bring up the subject at the first opportunity in the chamber of deputies and demand what th£ government is doing to bring up the monrachists organization. Deputy Daudet, Royalist leader, in an interview in L’Action Francaise, declared Premier Poincare's opponents were taking advantage of this opportunity to overthrow the government. Charles duvall TO 11CITY 1 Inspector Accepis Position With Asphalt Firm, Charles Duvall, chief inspector in the city engineering department, will resign within the next few days to accept a position as superintendent of construction for the Union Asphalt Paving Company, it became known today. HSs successor has not been decided upon. Duvall stated that he would give his resignation to the board of works Friday, to become effective June 11. Duvall was senior inspector during the entire Jewett administration and was made chief inspector at the beginning of the Shank administration, being in the engineering department about five and one-half years. City Engineer John L. Elliott praised Duvall. REALTORS TO BEHONORED Board Will Observe “First Members' Day” at Luncheon, Wednesday. P “First Members' Day" will be observed by Indianapolis realtors on Wednesday at the weekly luncheon at the Chamber of Commerce. H. M. Stackhouse, vice president, will preside. The board will choose eight realtors to attend the national convention at Cleveland, June 27-30. HOURLY TEMPERATURE 6 a. m 70 10 a. m - 79 ’ a. m 71 11 a. m 81 * a. m 75 12 (noon) 83 * a. m.. ...... 78

Blind Boy Has Great Time ‘Seeing’ Ringling Circus From Behind Scenes and Meeting Star Performers

'Bill' Nottingham, 12, Takes Ride on Head of Largest Elephant,

By RALPH E. BROOKS EVEN' if William Nottingham, 12, is blind, many an Indianapolis boy or girl can envy him today. He “saw” the circus Monday from behind the scenes. Bill—he doesn’t want to be called William—had a fine ride on the heal of Queen, the largest elephant in the Ringling Brothers’ circus. The only mistake Bill made was to think he was on Queen's back. He laughed when he learned of his mistake. Bill, who lives at Eaton and is a student at the Indiana School for the Blind, wasn’t like the famous three blind men who. saw the elephone. He had a very good idea of what the animals were like. He even fed them peanuts. LIKE all boys. Bill is interested In machinery- A miniature fire engine struck his fancy more than all the rest of the curiosities. He examin t-d it closely, and Buck Jones, who mode it. started its tiny engine for him. He was delighted with its purr. And the dwarfs—they were the funniest men he had ever heard tell of. There was a Mr. Casino, who was 33 years old and not nearly so tail as Bill. Casino was delighted, too, at Bill’s wonder. "I thought he was sitting down,” Bill said. “He was rather fat, wasn’t he?” Casino is rather stocky. “I suppose I could tell he was fat from his hand,” Bill said. BILL met some of the notables of the circus, too. The star of them all, Lillian Leitzel, champion aerial artist took a liking to him. He applauded bravely when told that Miss Leitzel had finished her act. And Buck Jones, and Mr. Fellows, and the Nelson girls, and Herman Peollette. the clown, ail gave their best assistance to show hiinm a royal good time. Bill enjoyed the music. But the screeching of the Clown Band puzzled him. He didn't think much of it. Under the big tent, his constant Query was, “What are they doing now?” Between munches, for he ate j lots of peanuts, he listened to a run- ; ntng fire of description of the actions ] of the clows, tight wire performers, and the girl who braved six lions in a cage.

PRAISE SHOWERED ON POLICE FORCE Speedway and Presbyterians Laud Work, Today was bouquet day for police force. Letters of praise from the Indianapolis Motor Speedway Company and from the general assembly of the Presbyterian Church were received by the board of safety. Despite the fact that Mayor Shank threatened to withdraw police protection on race day, cops were sent out and, according to T. E. Meyers, superintendent of the Speedway, handled the traffic better han ever before. The Speedway letter in part: “It appears that traffic approaching the Speedway was never handled so well, which speaks for the efficiency and energy of your force. We appreciate this very much and hope that some time we may have the opportunity of reciprocating.” JUDGE DOUBTS STORY OF POLICE BRIBE OFFER Man Sentenced After Testifying Officers Promised Release. Branding his story’ as “unbelievable,” City Judge Delbert O. Wilmeth fined Blaine Williams, 38, of 529 Birch St., SIOO and sentenced him to jail' for thirty days on a blind tiger charge. Williams said police who arrested him when they found him with a basket of half-pint bottles of “white mule” in a corn field at Howard and Harding Sts., offered to get his release for a cash consideration. “I don't think any officer feels ha can make anew law on this charge,” said Wilmeth, “and officers know a conviction carries thirty days that cannot be suspended by any judge.” HUNDRED SOCIALISTS ARRESTED IN JAPAN Drive Being Made Against Alleged Plot to Communize Nation. By United Press TOKIO, June 6. —One hundred Socialist leaders were arrested today in a drive against an alleged plot to communize Japan. The arrests were made while the cabinet was in session considering resumption of negotiations looking to ward an agreement with soviet Russia. *— Man Arrested As Fugitive Harry Stark, 923 Goodiet Ave., was arrested early today on a charge of being a fugitive from justice. Stark was arrested by local police and ponstable Sweet of Terre Haute, Ini.

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LIGHT COMPANIES SET BIOT FIGHI ONT.HJiE.CO. Special Judge Holds Against Plaintiffs Seeking to Bar Rival Concern, Fight of the Indian a polls Light and Heat and the Merchants Heat and Light Companies to prevent erection of a $7,000,000 power plant In Indianapolis received a setback today in Superior Court when Special Judge Fred C. Cause of Shelbyville sustained a demurrer against their cases. The companies had brought action to enjoin the T. H., I. and E. Traction Company from acting under a certificate issued by the public service commission allowing it to enter local competition in the electric light and power field. The commission and the traction company demurred on the grounds that sufficient facts were not shown. “The fight will go on,” said Cassius C. Shirley, of the law firm of Shirley, Whitcomb and Dowden, representing the Indianapolis Light and Heat Company. "This is no final disposition of the case.” "We may amend our complaint, or may appeal this ruling.” In the opinion of Judge Linn D. Hay, regular Judge of Superior Court, Room 2, the ruling practically ends the fight to keep the third company out of the local field. The plaintiffs pleaded all the facts they had In the hearing on the demurrer, he said.

MASONIC TRAIN IS WRECKED; FIVE DIE Thirty Injured on Trip to Flint, Mich, By United Pres: DURAND, Mich., June s.—Five persons were killed when a special train carrying Masonic Knights Templar to a State convention at Flint, was wrecked six mile3 west of here at noon. Thirty were injured, ten seriously. The dead included two members of the lona. Mich., commandery of the Knights Templar, the engineer and fireman of the train and a news boy. The train carried lona. St. Johns and Muskegon eommanderies. W. K. McSween, commander of the lona commandery, was reported to have been seriously injured. GIRLS’ SCHOOL MATRON CHARGED WITH CRUELTY Ohio Welfare Director Removes Woman From State Institution. By United Press COLUMBUS. Ohio. June s.—Charging she is guilty of cruel and abusive treatment to girl inmates, State Welfare Director Harper today removed Mrs. Mae E. Stannard of Detroit as matron of the Ohio Girls’ Industrial School at Delaware. Harper, in a letter to Mrs. Stannard, accused her of endangering lives of girls by padlocking them in sleep ing rooms.

YOU WILL BE THRILLED AMAZED FASCINATED WITH THE ACTION, ROMANCE AND ADVENTURE IN THIS POWERFUL STORY OF LIFE AND LOVE IN THE WILDS OF THE NORTH “THE SKY LINE of SPRUCE” By EDISON MARSHALL Starts Friday, June 8, in The Indianapolis Times —Watch for It

INDIANAPOLIS, TUESDAY, JUNE 5, 1923

UPPER LEFT. WILLIAM NOTTINGHAM AND THE BABY ELEPHANTS. MARALLA AND EMMA; UPPER RIGHT, WILLIAM WITH THE NELSON SISTERS; LOWER LEFT, THE DWARFS TAKE WILLIAM FOR A RIDE AND LOWER RIGHT, WILLIAM WITH HERMAN PEOLLETTE AND CHARLIE CHEER. CLOWNS.

CROOK ‘USES’ CIRCUS

Two Firms Victims of Crook Who Promises Publicity in Show Tent, Some promises and some valuable experience in anew wrinkle of crook dom were all that two Indianapolis firms had to show today for money and services given a shrewd “advertising man.” The man is not “advertising” his whereabouts. Giving his name as L. A Patter son, the man “soltf” his proposition to Fred Williamson and P. D. Goeka of the Overland Company, 43 N. Capitol Ava., la-tt week Patterson ar ranged to get a bright red automobile to lead the grand pageant at the Ringling Brothers and Barnum & Bailey circus Monday. The car also was to be used to bring the leading lady from the dressing tent to the ring. Three large #lectric signs were to be ur.der the big top to advertise the company's cars. Paid SBO In Advance The arrangement. Williamson said, was that the Overland Company would pay $l5O for the advertisement, SBO in advance and the remainder on the day of the show. Williamson Bald SBO was collected by Mr. Patterson Saturday, but nothing has been seen of him since. “He is welcome to the $80,” declared Williamson, “for he was the shrewdest duck I ever talked to. He was a real advertising man. He could sell advertising to any compauty. Goeke took Patterson around to nine retail dealers and he “sold” <Jtem advertising while Goeke just sat and listened. The nine dealers were each to share in paying for the advertising, but, of course, the SBO will be paid by the Overland Company and the dealers will not lose a cent.” Took Proofs Along / Smith and Smith Printing Company, 115 E. Maryland St., also is said to have been a victim. Patterson had his printing done by that company, Williams said. He took some proofs of the printing and this helped him "sell” his advertising. The printers, it is said, were instructed to see the purchasing agent of the circus when he arrived In Indianapolis Monday. The purchasing agent Informed them that Patterson Was not connected w-ith the circus. The Overland Company also was Informed that the circus had no advertising stunts. Williamson described Patterson as being about 30 years of age, five feet eight inches in height, and being a man who "certainly knew all about the circus business and how to sell advertising.” Park Officer Stricken Riley P. Ward, 314 Douglas St., special policeman at Garfield Park, suffered a nervous breakdown today at New York and Douglas Sts. Motorpolice Chitwood and Maas took him home.

HEAT OVERCOMES SHRINE PARADERS Murat Delegation From fhdianapolis Wins Ovation at Washington—Harding Greets Lodge Brothers,

By Times ,<perisl WASHINGTON. June 6.—Murat Temple of Indianapolis today captured more than its share of honors at the annual shrine convention here. The Murat uniformed delegation was not only one of the largest in the great parade, but without exception the most colorful. Ail along the line of march the Murat delegation received an ovation. The gun sextette, in “convict stripes,” was rne of the big features, especially so because of the tremendous publicity given this band of fun-

SKY WRITING TO BE SHOWN AGAIN Pilot Scheduled for Work in Plane Late Today, A second exhibition of sky writing was to be given this afternoon when Capt. Derek Shepperson, former British flier, who piloted the "sky writing” plane Monday afternoon, returns to Indianapolis. After Monday afternoon’s exhibition Captain Shepperson went to Terre Haute, and then to his headquarters at Dayton, Ohio. He was scheduled to land at Schoen field at Ft. Harrison. Monday thousands lined the streets and craned necks watching the flier write the words “Lucky Strike” a quarter of a mile high. The plane was so high it was almost invisible except when it went through the smoke letters. TWO HURT AT CROSSING Occupants .-f Truck Injured by Switch Engine. Two men were recovering today from injuries received Monday when a switch engine struck a coal truck on which they were riding at Fifteenth St. and the Monon Railroad. Lee Lindsay of 1311 Lewie St., driver of the truck, suffered an Injury to his right arm. Fred Mitchell, 1115 N. Tuxedo St., suffered cuts about the face from the broken windshield. The truck - was owned by the Peoples Coal Company.

Entered as Second-class Matter at PostofTire, Indianapolis. Published Dally Except Sunday

i makers. Last night they packed hotel lobbies when they staged an oriental dance with a little negro as the dar.cer. Forty heat prostrations among I Shriner marchers occurred here today I before half the parade had passed the President’s reviewing stand. A boiling heat wilted the marchers as they toiled up Pennsylvania Ave. Red Cross and hospital ambulances took thirty-two to hospitals, while eight others were given treatment In drug stores. Scores of spectators also were affected. The temperature mounted to 90 degrees. Shrine officials and police estimated that hundreds of spectators, crowded together in thick ranks fainted. Harding Welcomes Brothers Noble Warren G. Harding, dropping his official role as President of the United States, welcomed his brother Shriners today as they marched past him in the greatest civilian parade the capital has ever witnessed opening the Shrine conclave. Later the President made hts welcome still more personal by sitting In the first meeting of the Imperial Council. Representatives from nearly every temple in the country, garbed in gay, flashing costumes, returned the welcome of the President as they marched past the stand before the White House. Thousands of visitors and thousands of citizens packed every seat in the two-mile grand stand which bordered the line of march up Pennsylvania Ave. Cheer after cheer swept along the multitudes as the visting patrols maneuvered to stirring airs. Merry-makers Active Frequent feature stunts of a comical nature enlivened the march. Conspicuous among the merry-makers were the black faced of Bagdad Temple, Butte. Mont. Abu Bekr, Sioux City, lowa, bad a mounted patrol of pure blooded Arabian horses. Morroco Temple, Jacksonville, Fla., brought a bear and eight alligators for President Harding. * Mecca Temple, New York, the oldest temple in the world, sent 500 nobles. 200 women, and a band of 120 pieces. Ruth Ethel Paula and Linder E. Brostrom, a member of Abu Bekr Temple, Sioux City, were married in the shadow of the Washington monument. Kansas City, Philadelphia, and Denver are the strongest contenders for the 1924 convention.

ICE PRICES RISE WITH MERCURY Increase of 5 Cents a Hundred Pounds Will Cost Householders About $2,50 Each, Says Manufacturer —* Blames Higher Materials for Tilt, DITHMER ASSERTS PRODUCERS HAVE HELD OFF YEAR New Scale Should Occasion No More Flurry Than Boosting of Telephone Rates, He Argues, Directing Attention to Plant Operators’ Position, A general increase of 5 cents a hundred pounds in price of ice has been announced by dealers coincident with the arrival of hot weather. The retail price is 55 cents. The boost is necessary, according to Henry L. Dithmer, president of the Polar Ice and Fuel Company, owing to increased cost of labor and materials going into the manufacture and delivery of ice.

“We considered making a price increase for a long time, but we held off hoping our costs would go down,” Dithmer said. “The drop in costs failed to materialize.” What Other Cities Pay Dithmer said despite the increase, the price in Indianapolis is the lowest of 107 cities on which he has figures—ail cities over 50,000 population. "The minimum price in other cities,” he asserted, "is 60 cents a hundred. In some cases the price runs to 80 cents. "It costs $1 more a ton to deliver ice now than it did a year ago. “The 6-cent increase really is negligible, amounting to an average of only $2.50 a year for each householder. Should Be No Fuss “There should be no fuss over the ice price. Increased telephone rates have caused hardly a ripple We are paying $9 a month for a telephone that used to cost us $3 a month. Still, you don't hear any kicks.” Dithmer said there is no danger of an ice shortage this summer, as factories are fully able to take care of the demand. “There never has been a real ice famine in Indianapolis and there never wili be.” he said.

MARBLE KING TD SEE WASHINGTON Extra Trip for Ross Beaver and His Mother, Ross Beaver, Indianapolis marble champion, and his mother, Mrs. W. H. Beaver, will be given an opportunity to take a sightseeing tour of Washington on their way to Atlantic City, where Ross will play champions of other cities for the national championship. The Beavers are being sent ot the national games at the expense of The Times. The local champ and his mother will leave Indianapolis on June 23. Marble champs front all the cities competing will gather in Washington the following day. From Washington they will go to Atlantic City on a special train.

POLICEMAN QOITS TO ESCAPE TRIAL Patrolman Cottrell Charged With Disorderly Conduct, The resignation of Patrolman Robert J. Cottrell, whose trial was rfet today on a charge of conduct unbecoming to an officer after he is alleged to have been intoxicated and suspended from the force, was accepted by the board of safety. Cottrell denied guilt, but said that he would rather resign than be tried. Patrolmen Edwin C. Ball, E. S. Tolle, B. W. Ball, and Arch D. Ball were granted a leave of absence from June 10 to 18 to attend the officer’s training school of the National Guard at Frankfort, Ind. Resignation of Claude Worley, formerly captain of police, attached as special investigator to the prosecutors office, was accepted. He Is a county employe in the same capacity. Fred Hollingsworth, Gamewell operator, resigned. John F. Scanlon, 1715 W. Market St., was appointed electrician In the electrical department and Otis Bailey was appointed substitute fireman. ALL READY FOR WHAT? Thief Takes Silk Shirt and Flowers From Yard. Just where a colored man seen leaving the yard of Mrs. A. B. Craig, 1406 Brookside Ave., with a silk shirt and a bouquet of flowers is going is a puzzle to police. Mrs. Craig washed the shirt, hung it on the line and left home for a few minutes. Neighbors saw the colored man take the shirt &n<\, flowers.

* Forecast * LOCAL thunder showers this afternoon or tonight. Wednesday, partly cloudy.

TWO CENTS

MINERS RETAIN CHEERFULNESS IN BICKNELL TRAP Ten Feet of Dirt Separate Entombed Men and Rescuing Party; In Hole 70 Hours, By United Press BICKNELL, Ind., June 5-—lt may be midnight tonight and probably later before rescue workers will be able to reach the three miners oned at the bottom of the New Mine shaft near here. The excavators worked all night. There were nine or ten feet of earth and twisted timbers in the bottom of the shaft when relief shifts went down this morningT In the past twenty-four hours not more than five feet of the debris and dirt have been removed from the shaft. Constant danger of a further cave-in and the heat of yesterday slowed up the work of rescue and prevented realization of hopes that the men would be Überated last evening. The three men in the mine were In good spirits this morning despite their seventy hours of imprisonment. They are being fed hot food and hot drinks in lowered through a two-inch pipe. Shelled corn was dropped through the pipe for a mule imprisoned with the three miners. Great crowds are at the mine opening.

WORRIED MOTHER ATTEMPTSSUICIDE Mrs, Irene McGinnis, 22\ Takes Poison, Despondency over ill health of her eleven-months-old daughter and herself caused Mrs. Irene McGinnis, 22, rooming at 634 E. Ohio St., to take poison today, according to her mother, Mrs. Emma McCurdy. Mrs. McGinnis was rushed to the city hospital. Her condition was not serious. Mrs. McCurdy said they came from Peru, where the husband, Jacob McGinnis, is a grocer, a month ago to have the baby’s eyes treated. Mrs. McGinnis was informed Monday that an operation would have to be performed on the baby when it reached the age of eighteen months. LOS ANGELES BAND HERE Policemen Parade and Give Concerts in Downtown Streets. The seventy-five-piece police band of Los Angeles paraded through downtown streets today.., -They started at the Union Station and gave concerts in front of the newspaper offices. The band is en route to Buffalo, N. Y., to the police chief’s convention, escorting their chief, Louis D. Oaks. The party was welcomed by John B. Reynolds, general secretary of the Chamber of Commerce, at the Union Station. A concert was given in University Park. The band departed for Columbus, Ohio, at 10:45 a. m.

Seeks Darts Arrow points from every corner of the globe are sought by A. D. Babcock, Goodland, Ind., for use in a mosaic he plans for his museum. Babcock asked The Times to-„ day to print his request. He has been collecting curios for more than forty years for the “benefit A of the boys and girls of the gre&M State of Indiana.”