Indianapolis Times, Volume 35, Number 168, Indianapolis, Marion County, 27 November 1923 — Page 1

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VOLUME 35—NUMBER 168 i

JUDGE CURBS DRY RAIDERS

OVERDUE PAY OF' INDIANA GUARDS TOTALSjtOOO Adjt. Gen, Smith Says Debt to Men May Be Met This Year, - MONEY DELAYED A YEAR Still Further Wait Possibility if Legal Tangle Developes, By close spending of the $194,000 annual “militia" appropriation enough can be saved this year to pay off an accumulation of nearly SIOO,OOO In soldiers' drill pay and summer camp compensation, Adjt. Gen. Harry B. Smith said today. Recently warrants for the six-month drill period ending Oct. 31, 1922, totaling approximately SIB,OOO, were “turned down” by the State auditor, because the appropriations for that period had been expended. Members of the guard say they have not been paid for the six-month period immediately following. Smith said the pay for this ‘period would total about the same. Also, it is pointed out, pay for j the last encampment at Gamp Knox,! Ky., has not een given. * Smith said this would total about $60,000. Smith said the first drill pays were allowed to run over because organization officers did not fill out the pay rolls completely. Second Period Missed Likewise, he said, the second drill ; period was missed. He said the State auditor would not pay vouchers for only part of an organization, lit said the pay roils for this period were not all in and that he could not forward them to the State auditor until they have been made, complete. Since April 30, 1923 the burden of drill pay and summer camp pay has i •been shifted to the Federal Govern- j ment. This, Smith. saW would have ' a tendency to stimulate enlistments and re-inlistments when terms of the j men begin to expire, Dec. 9. Complaints have been arising in the ranks of the Indian guard because of the delinquency of paying off members. In some cases guardsmen have been prone to blame their superior officers 'or the delinquency, believing the caus e to have been there. Should Smith be able to,.save the SIOO,OOO from his present appropriation, still another difficulty would be faced. It is doubtful whether it would be permissible to pay the old debts out of the current appropriation, since It is designated for a specific period. New Law May Be Needed Smith said if the attorney general should rule against payment of the old debt out of the unexpended balance of the present appropriation, the only solution would be through a special legislative appropriation in 1925. This would mean the soldiers would have another year to wait for their pay. There are about 6,000 members in the Indiana National Guard. Their terms begin to expire Dec. 9, the date three years ago when the first unit was organized. It is feared by many \ that the present situation will cause a serious decline in the re-inlisted ranks. Smith said he had accomplished a number of savings recently, which might be available eventually for paying the enlisted men. He pointed to a $2,000 annual saving he had made recently in his office. Other reductions in running expenses are being made, he said.

DULBERGER CALLS UPON RIVAL, SHANK Mayor Sets Out Rugs and Chairs for Visitor’s Comfort and' Invites Him in City Hall.

Carrying his fight to the doorsteps of city hah, where he was met by Mayor Shank, Elias W. Dulberger, Republican candidate for Governor, today denounced the Shank administration and predicted “ruin" in State government if Shank was elected Governor. Standing in front of chairs and rugs which the mayor ordered for Dulberger’s comfort, and with Shank only a few feet distant, Dulberger assailed the mayor's followers while hecklers interrupted frequently. “Bring your gang In where It’s warm,” shouted Shank. “You better get your gang in, you’ll all be out soon enough,” retorted Dulberger. “Come down here,” shouted Dulberger’s supporters numbering fifty who were grouped around a truck at the curb. v “Come on up here,” was the answer of Shank’s friends. \ Dulberger then took off his coat and marched to the door of the city hall as his followers cheered. “You’re not the mayor of this city. Bill Armitage is the mayor," shouted Dulberger, pointing his finger at Shank. The mayor was the first to applaud his remark.

The Indianapolis Times

Love of Boy Causes Girl to Trap Robbery Victim

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MRS. THELMA LOUISE CLARK

TRIO-HELD IN JAIL ON BANDIT CHARGE According to Police, Louisville Trio 'Frame' on Local Man and Get Ring, Watch and Cash.

Striving to hold back tears, Mrs. Thelma Louiie Clark, 20. of Louisville Ky., today told a Times reporter at city prison that she lured a man ti a robbery out of love for James Hat rington, 18, also of Louisville, one o the alleged robbers. Harrington and Ruddell Fleenor, 17, also of Louis ville, are held in city prison cn charges of auto banditry and robbery. Police say that the girl met Albert H. Voight, 4811 College Ave., in te Claypool lobby Monday afternoon and made a date with him for the evening. She had him drive her to a dark road near Casino Gardens, west of Riverside Park, where they stopped the car, police say. Fleenor and Harrington drove alongside and robbed Voigt of a S6OO diamond ring, a $25 watch and $24 In cash, it is alleged. The girl Jumped into their car and they sped toward the city, officers say. Policeman Makes Capture Voight chased them east through Riverside Park, in Thirtieth St., where Motorcycleman Robert Taylor started to follow. Voight shouted to Taylor jiiat a holdup had been committed. Taylor forced the/car to a curb a few blocks east and arrested the trio. “I was riding with Stanley K. Narrim, owner of the auto in Louisville, Saturday night,” said Mrs. Clark, who ft small and has, brown bobbed hair and a snap in her big brown eyes. I knew that Jimmy and I were absolutely broke. For a year after I came to Louisville from my home in Paducah. Ky., I worked in a cigar factory. Then I met Jimmy and I began to live with him. I sued for a diyorce five months ago and just received it four weeks ago and we were going to get married, but we did not have the cash. Jimmy

“Where is- the artificial lake you promised us?” continued Dulberger. “Where are the south side parks, and cross-town car lines?" Hecklers became so troublesome at this point that Mayor Shank stepped forward and asked for silence. "The only thing you have given the city is a high tax rate and a casting pool at Thirtieth St. and College Ave., that cost SB,OOO, with no fish in it,” shouted Dulberger. “Where do you spend your time?” he said turning to the mayor. “We have had enough of this race horse business, and the people are getting tired of It.” As applause followed the remarks, the mayor Joined in. “If the city council wants Lucius B. Swift retained on the sanitary board why don’t they write Bill Armitage?” asked Dulberger. “And as for Bull Moose Walker,” he said, referring to John F. Walker, superintendent of street cleaning, "he ought to be working at his job instead of running around the State working for Shank.” • “Will I see you in Kokomo, Dec. 67" asked Dulberger •• his party left. "You bet.” shouted the mayor.

threw hash at several restaurants, to take care of me and he was a dear dear boy. Then the breaks came .gainst us and while riding with this ellow I thought of this. I invited him to a room, smuggled him into a bath room and I locked the door. I looked for the landlady and then locked at the car. It had a key in it and I started it. J jin my Was Worried "Driving to tho place we all lived at 539 S. Sixth St., Louisville, I called to Jimmy, who said he was nervous and worried about me. We decided to leave there, but did not have a cent. Ruddell was approached and had S3O and agreed to come with us, and he financed the trip to Indianapolis. “We stayed at a room on N. Alabama St Sunday night and yesterday I met this fellow and dated him for last night. I thought of the scheme to rob him and told the boys. They followed us and as we were parked near the Casino Gardens drove up. I was watching my chance and when T thought they were well enough along with the job I Jumped on to the running board and told Jimmy to start the car. “I love that boy and it was Just characteristic of him that he tried to lie and say he planned it all.” “Well, he did not, and it was the feeling of the gang to help one another that prompted It all.” “All I can say is that I am sorry. And please don’t let my mother and father hear about it.”

SMOKE INSPECTOR NAMING DELAYED Safety Board to Interview Three Competitors. The selection of the assistant chief smoke inspector was postponed a week by the board of safety today when members, on advice of Mayor Shank, decided to interview the three men making the highest grades to determine their personal qualifications. The three men will be summoned before the board Friday afternoon. They are Daniel A. Grieb, 2735 Ashland Ave.: H. F. Templeton, 442 W. Fortieth St. and John F. Shreffler, 2305 Bellefontaine St. Shreffler made the highest grade on written examination. Thirteen njen competed. Francis F. Hamilton, city building commissioner, has recommended that the board appoint Grieb to the posl-' tion. Grieb is former superintendent at the Prest-O-Lite Company. All three of the men are combustion engineers. $267,825 BUILDING MARK Permits Issued in Week Total 275 in Number. Building valuation for the week ending Nov. 24 In Indianapolis was $267,825, according to a report of brands Hamilton, building commissioner, today. A total of 275 per mits was issued, fcr* which the dty realized $668.25 In foes.

INDIANAPOLIS, TUESDAY, NOV. 27, 1923

ANDERSON FLAYS MINOR COURTS AS BEINGTOO ‘EASY’ Sentencing of Prisoners Who Pleaded Guilty Cpn- " "tmu.es, I Failure of. State courts and local officials to do their duty results in crowded Federal Court calendars, Judge Albert* B. Anderson said In Federal Court today. “Why Is It this court is jammed full twice a year,” be said. "It is because local officers will not do their duty. The remark was made while pronouncing sentence on four residents of Walkerton and La Porte who had entered pleas of guilty to charges of robbing box oi*rs. The men said they entered pleas of guilty in State courts and their sentences had been suspended. .... "Suspended! and you entered pleas of guilty,” Jpdge Anderson said. “I simply cannot understand it.” Promised Immunity Kneisley told the court that railroad detectives had promised him immunity if he would confess. "Since when did railroad detectives get the right to go about the country offering pardons in advance?” Anderson said. Sentences of the four were imposed as follows: Benjamin Kneisley, La Porte, eighteen months in the Federal Prison at Atlanta, Ga.; Wilbur Foster of La Porte. Carl Bradford and William Sinclair, both of Walkerton, two years each. A fine of $7,500 was lmpoeed upon the Norton Brewing Company of Algernon for violation of prohibition laws. A plea of guilty was entered through its president. William J. Norton. The Indictment was returned, after a large quantity of beer was seized in a raid by Federal agents several months ago. Charges of favoritism among prisoners and miserable conditions at the Marion County jail were made by Frank W. Baker of Buffalo, who pleaded guilty to counterfeiting, “Anything you give me bests six months in that jail,” he said. He got five yearsThe postmaster-ship of Evansville coat the present postmaster $4,200, Fred J. Bchnelberg of Evansville told the court. “It was agreed beforehand that the postmaster would give that much for his appointment to pay off debts of the Republican central committee,” he said. “Mr. Elliott I don’t believe we had better develop thte line of investigation of our party further,” Judge An- | derson said laughingly to Homer Elliott, United States district attorney: Impersonated Officer

Schnelberg was fined SIOO and given a prison sentence of eighteen months for impersonating a Government - officer. Other sentences: Roy F. Davis and Kenneth Erb, both of Muskegon, Mien., transporting a stolen motor car from Muskegon to Gary, two years each. Harold Preston, Decatur, 111., transporting a stolen motor car from Decatur to Ft. Wayne, two years. William Lewis, colored, Terre Haute, stealing express package, two years. Geoffrey Graham of Muncle, bringing a young woman from Canada to the United States for the purpose of contracting a bigamous marriage; sixty days in Jail. John Thomas Carson, Little Hock, Ark., counterfeiting:; one year and one day. Robert Ragsdale of Oxford, Ala., counterfeiting; three years. False Stamps Possessed Steve Foldesh, Gary, possession counterfeit liquor stamps, SIOO fine, two years. Tho following sentences were Imposed for violation of the Harrison antl-narcotlc law: Myrtle Quillen, Bedford; Frank Harris, Indianapolis; Katherine Klein, Chicago; Dr. Herman Spacek, William W. Klein and Willard Butler, all of Indianapolis; Charles Wilson, New Albany; Herman Shapero, Louisville; Frank Dally and Jesse Gordon, both of Terre Haute, all one day in jail, and Dr. Oliver McCreary, Windfall, six months In jail; Col. E. Dennis, druggist, Windfall, six months In jail and SSOO fine; Dr. \ Charles G. Dick, Elwood, six months in jail and SSOO fine. STATE ASKS QUIZ OF SUDDEN DEATH After Confessing to Arson, Husband Nos Missing, Harrison County authorities were requested by the State fire marshal’s office today to Investigate the death Sunday of Mrs. Jack Coffman, 26, Corydon, who, with her aged husband, recently signed statements that the latter had fired several of his buildings to collect Insurance. An autopsy will be held on the body of Mrs. Coffman, Sam Vogt, Harrison County prosecutor, told G. L. Pugh, deputy versation AJEjlay. Coffman, who Is 53, has Vogt told Pugh. Pugh learned i Coffman JBBlwwe Sunday and that dead."

Lives of Children Endangered When Autos Turn Sidewalks Into Highway

WHERE MOTORISTS DROVE ON SIDEWALKS OF COMMERCE AVE.

u _ UR sidewalks are broken, I j • our lawns and heagea ruined, and our lives endangered." This chorus of protests was broadcast from the residents along Commerce Ave., between Roosevelt Ave., and the Big Four Railroad tracks. Then the Hoosier Motor Club stepped in. A sign in red and white colors was erected. It reads, “Warning. Driving On Sidewajjis Means Arrest." Until last week when the street was dragged deep ruts made the roadway uninviting to motorists and drivers steered their cars onto the sidewalk. A patrolman “camping" near the place arreeted fifteen drivers In one day before the sign was erected. But, something had to be done.

LEGALITY OF TWO SESSIONS OF CITY COURT AT ONCE ATTACKED

BANK HEAD AND KENTLANDCASHIER HEARD BY JURY Investigators Adjourn to Meet Wednesday for More Questioning, Only two witnesses were heard by the Marion County grand Jury today I in the Investigation of the financial ! affairs of Governor McCray. - They were J. J. Kiser, vice presl ’ dent of the Meyer-Klser Bank, and Amos Morris, cashier of the Discount and Deposit State Bank- of Kentland, of which McCray formerly was president and through which he did most of his business. The Jury adjourned until 9 a. m. Wednesday, when more witnesses were expected to be heard. Among witnesses subpoenaed to appear, according to a dispatch from Martinsville, are W. L. Remsburg, Brooklyn, manager of the Brooklyn Stock Farm, and W. L. Hendry, Mooresvllle, manager of the Morgan County Stock •Farm. Both were employes of McCray. The Governor testified In tjie bankruptcy hearings that he signed Hendry’s names to notes. Kiser Federal Witness Kiser a witness In the McCray bankruptcy bearing at the Federal building. In that hearing he testified concerning the handling of McCray securities by the Meyer-Kiser Bank and concerning financial' statements made by the Governor. Kiser testified at the bankruptcy hearing that McCray had given the bank collateral rotes to go with the ones bearing his name. He said McCray later admitted to him he had signed many of the collateral notes himself with the names of various firms and with the names of farm managers. Time Limit Unknown Clarence W. Nichols, special prosecutor In charge of the investigation, has declined to say how long he believed the hearing will continue. Nichols was an occasional visitor at the bankruptcy hearing and it is believed he is checking up statements made by witnesses at that hearing. Governor McCray has not yet appeared before the grand jury and it is said he may not appear, although he has expressed a desire to testify. It is not customary for grand juries to summon persons being Investigated, and it is believed if he does appear it will be of his own volition-, WATCHES TAKEN IN FIRE Hotel Residents Are Victims of Thieves During Blaze. While firemen fought the fire at the La Salle Hotel Monday night, thieves stole olothlng and a watch, all valued at S3O, from the room of W. J. Wilson, and a |2O wrist watch from the room of Mrs. L N, Adams, poUoewerenoUfle^todaj^^^^^^^^^

Entered as Second-class Matter at Postoffice, Indianapolis. Published Daily Except Sunday.

School children passing from two schools in the neighborhood were constantly in danger. Adults walking along after night saved themselves many times only by athletic agility. Mrs. Chester Sigman, 1412 Commerce Ave., said she sent her 8-year-old son to school through the alley in the rear. Mrs. A. M. Harvey points to her broken hedge and sidewalks with regret. The stretch of road is a short cut from Massachusetts Ave. to Roosevelt Ave., and consequently is traveled extensively. Although it is rough It Is regarded as far from Impassable. Conditions are made worse by a grade crossing at the Big Four tracks. Because there are few houses along the street and part ol these are rented efforts to pave the street

Trials May Be Held in Only One Room, Lawyer Argues, Legality of holdng two city courts at once was attacked today in Criminal Court by Raymond F. Murray. attorney for Carrie Alnsley, 514 N. La Salle St., who was fined SSO on charges of assault and battery by Judge Pro Tem. Vincent G. Manifold while Judge Delbert O. Wilmeth held sessions in the regular room. Murray filed a plea asking abatement of judgment with Criminal Judge James A. Collins, the court of appeal, on the grounds that only one court is provided by Indiana law. Hundreds of defendants have been tried by special judges sitting downstairs in the roll call room of police headquarters while regular court went on, he said. Judge Collins said he would rule on the motion later.

THANKSGIVING DAY -WEATHERA???? Forecaster Predicts ‘Almost Any Kind,’ HOURLY TEMPERA.TURK 6 a. m 32 10 a. m. 34 7 a. m........ 83 11 a. m........ 35 8 a- m........ 31 12 (noon) ...... 35 9 a. in... 84 1 p. in........ 36 Almost any kind of Thanksgiving weather Is In store for Indianapolis, Meteorologist J. H. Armlngton said today. Because of stormy, unsettled conditions In the West, Thursday may be cold or warm, sunshiny or cloudy. Thanksgiving last year was a stormy day, with temperatures ranging from 86 degrees early in the morning to 60 during the afternoon. Near-freezing temperatures will continue tonight, Armlngton said. The forecast: Partly cloudy tonight and Wednesday. Not much change in temperature. The thermometer registered 82 degrees at 7 a. m. today and 84 at 9 a. m. Monday's highest temperature was 45, at 7 a. m.; the lowest. 36, at noon. -

Marooned - "Qome up here and see me, I want to report a theft," said a masculine voles over the wire to the clerk of the detective bureau. “Come down here and make your complaint personally so we can assign the particular kind of men the case requires without deiay,” he was told. “For the love pf Pete.” How can I come down there? This burglar stole my coat and pants and all he left was my vest."' “Detective team No. 4, go see Mr. Harry Taylor, Room 88, Y. M. C. A..” ordered Captain Kinney, obligingly.

have met with oppositfbn. O. E. Clearwater, proprietor of a grocery store in the neighborhood, however, Is leader in a movement to have the railroad crossing tunneled and thg street paved. “Nevertheless, I can’t see any excuse for autoists driving their cars on the sidewalk,” said Mrs. K. W. Burns,' 1420 Commerce Avq. "This is not the worst street in town by any means. Driving on the sidewalk Is dangerous and costly to the property owner. If you don’t think so Just look at our sidewalk and lawn. We had to put in anew walk because the old one was all broken to pieces." “Many of the worst offenders are malj trucks, baggage trucks, and fine automobiles with wealthy owners," declared Mrs. A. M. Harvey.

POSTAL QUIZ CONTINUES Second Letter On McCray Sent to f Bankers In State. A second questionnaire as to financial transactions of Governor McCray have been received by banks throughout the State from J. W. Welborn, postoffice inspector, according to press dispatches. Additional information as to any loans made the Governor was asked. newuqDdrlaw TEETH PROPOSED f Anti-Saloon Head Announces Plan to Broaden Statute, The Anti-Saloon League will propose legislation when the Indiana Assembly meets again that will make the prohibition law sY broad it will cover cases similex to the Duckwall case. Dr. E. S. superintendent of the league, said today. “Recent decisions have made it exceedingly more difficult to get convictions for crimes that actually have been committed,” Dr. Shumaker said. “I am not saying these decisions are wrong, but I do say this Is” the result. “I think there is no question this condition will be remedied by the next Legislature.”

SWIFT IS SILENT ON CRITICS’ BROADSIDE West Indianapolis Citizens Deliver Resolution Opposing Reappointment of Commissioner.

Fireworks were expected when the committee of the Enterprise Civic League of West Indianapolis presented a resolution opposing reappointment of Lucius B. Swift to the sanitary board in Swift’s presence today failed to develop. - Swift heard John W. Losh read the stinging resolution and quietly remarked: ... “I have not decided whether I will answer this or not. If I do I will spread it on the record.” Vice President John L, Elliott of the board, who opposes Swift’s re-ap-polntment, remarked that the Incident apparently was closed and the delegation, Including also Henry A. Harmon and J. Stephen Fullen, walked out. These reasons for opposing Swift, were given in the resolutions: “Lucius B. Swift Is practically the on* citizen holding public office in the city of Indianapolis who obtained his appontment as a member of the board of sanitary commissioners of the sanitary distrlot of said city, by an administration which did adhere to the dictates of certain influences In the selection of our public officials, and which.influenoeb are now clamoring for the re-election of said Swift as a member of said eommlaaloa

Forecast PARTLY cloudy tonight and Wednesday. Not much change in temperature. Lowest tonight about freezing.

TWO CENTS

Coiling of Criminal Court Holds Duckwall Search Warrant Illegal, # AFFIDAVIT IS QUASHED Raids May Be Made Upon Actual Knowledge, Not Suspicion, Is Ruling,

Immunity “Judge, if I were walking across town carrying a bottle of my own stuff for my own use, would I besubject to search and seizure, under all these recent court decisions?” Judge James A. Collins of Criminal Court was asked. “I think not," the judge replied. “A man’s pocket Is as immune as his home.” Lawyers well posted on the liquor situation in Indiana, who have been following the latest upsets by the Supreme Court and lower courts of prohibition enforcement said today, following the Duckwall decision that about the only offenses left are selling, transporting, operating a stiU and maintaining a public nuisance.

In a sweeping decision given today Judge James A. Collins, Criminal Court, landed what was regarded as a solar plexus blow on prohibition enforcement iu Indianapolis. The court refused to admit into evidence in the “booze” trial of Herbert R. Duckwall, 3818 N. Delaware St., liquors valued at SIB,OOO seized in Duckwall’s cellar Oct. 10 by deputy sheriffs. A “hearsay statement” that laws were being violated in the Duckwall home wtlb not sufficient under the Constituton of the United States and the Volstead Act for issuance of a search war-ant to raid private homes, the judge ruled. Citing the recent Supreme Court decisions which made possession of liquor no offense and which held that search warrants must explicitly describe the premises searched. Judge Collins raised one more barrier to booze squads when he ruled that-- “no search warrant shall issue to search any private home unless it Is being used for the unlawful sale of intoxicating liquor," and that on an affidavit made by some person who has more than “suspicion or guess” as to law violation in the home. Informant Is Produced Deputy Sheriff Omer Hawkins, who made the affidavit that he had “probable cause" to believe liquor laws were being violated in Duckwail’s home, produced Claude W. Comer, 1603 Hoyt Ave., as his informant. “Were you ever in the Duckwall home?" the judge asked. “On the night of the raid,” Comer replied. “Had you any personal knowledge at the time you gave the information to Hawkins that he had liquor in his home?” “Only through conversation.” W. C. T. U. on Front Row Members of the local W. C. TANARUS, U. occupied the front row in Criminal Court, watching Judge Collins closely as he read his decision. Bert Morgan, Federal prohibition director for Indiana, was present, and stated the Federal Government would resist the return of the liquor under national laws. It is thought the case win bo dropped for want of prosecution following quashing of the affidavit and return on the search warrant.

which clamoring should excite public suspicion and strike the mind that there is a personal, and perhaps an ulterior reason for it. “Said Swift has opposed the erection of an up-to-date garbage plant to replace an antequated, inadequate Junk heap now in operation, and “Said Swift has consistently insisted on the locating of the mule barns, garage loading station, etc., in otur midst, and upon ground specifically acquired for flood prevention, all over the protest of the citizens of the Fourteenth Ward, and in violation of hi* personal promise to take into his confidence members of the league before any action was taken, and “Said Swift insists on playing his own kind of politics and is the recipient of an unwarranted amount of publicity, which smacks of martyrdom, and now Is suffering himself to the playing of policies by allowing that same influence, which dictated his appointment, to clamor for his retention.” Elliott and Jay A. Craven, president, were praised in the resolutions and faith In their ability to pick a competent man to succeed Swift eap pressed. Selection pf the third member lies with EjHcrtt and Crave*.