Indianapolis Times, Volume 35, Number 175, Indianapolis, Marion County, 5 December 1923 — Page 1

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VOLUME 35—NUMBER 175

JURY OPENS MURDER PROBE

GILLETT WINS HOT TILT FQR HOUSE CHIEF Progressives Swing Cver to G. 0. P. Regular Candidate Following Victory in Forcing Compromise on 'Gag Rule’ in Procedure, Bu United Press WASHINGTON, Dec. 5. —Representative Gillett, Massachusetts, today was elected speaker of the House of Representatives on the first ballot of the day, the ninth taken since balloting began Monday. GilletUs election ended the deadlock which lasted two days, following the successful demand of progressives for free debate and chance to vote on liberalization of House rules.

COLORED PASTORS ASK QUICK TRIAL FOR GIRLS KILLER ‘Speedy Justice’ Is Favored by Baptists Who Cite ‘Disgrace Stigma,’ The colored Baptists of Indianapolis through their pastors expressed their attitude toward the murder of Mrs. Helen Hager Whelchel by pledging in a resolution their support to bring to speedy justice the guilty party. The resolution was made public today at the Baptist headquarters following a meeting of the Federated Baptist Churches, colored, Tuesday, night. The resolution: “Whereas, this organisation, representing between 20,000 and 30,000 negro Baptists in the city of Indianapolis, feels keenly the stigma of disgrace which has fallen upon Its people In that the circumstantial evidence indicates that the murder of Mrs. Helen Hager Whelchel was a negro: and “Whereas, the crime will have the tendency to put the entire negro population of this city under a ban of criticism with the further possibility of disgrace upon our city and State; therefore, “Be it resolved. That -we deplore this fearful tragedy In every phase of its deplorable atrocity and commend the splendid efficiency of our entire police force in its attemptt to bring to speedy justice the guilty party. "Be It resolved further. That we pledge our loyal support to our city officials and our constituted authorities In enforcing all laws and in ridding the city of Indianapolis of the entire criminal element of whatever race or color.” (Signed) The Rev. S. B. Butler, Mt. Zion Baptist Church: the Rev. Benjamin S. Farrell, Mt. Paran Baptist Church; the Rev. B. F. J. Westbrook, Second Baptist Church: the Rev. Charles Lewis, Mt. Olivet Baptist Church, and the Rev. Ira Hendon, Corinthian Baptist Church. SNOWMAYFOLLQW LOW TEMPERATURE Light Fall, Mixed With Rain, Is Predicted, HOURLY TEMPERATURE 6 a. m 38 10 a. m 40 7 a. 39 11 a. m........ 40 8 a. m 39 12 (noon) 40 9 a. m 39 1 p. m. 40 A light fall of snow mixed with rain was predicted for tonight by J. H. Armington, local meteorologist. The snow will be due to the temperature dropping to freezing tonight during the rain. Clearing weather with a slight rise in temperature was predicted by Thursday night. Armington said the storm center of the last few days has passed this locality and was moving slowly eastward. Only 1.01 inches of rain have fallen since Sunday. the rivers are at normal flood stage and it would take four times the amount of water they already carry to make them dangerous, Armington declared.

Who’s Head of Church? Jurors Must Say

By JOHN NIB LACK i__-i:IO is head of the Greek |\a/| Orthodox Church in the | ■ United States? That’s just what twelve jurors in Superior Judge Sidney S. Miller’s court will have to settle, and on their decision rests ownership of the tangible property of the Church of St. Trias, West and New York Sts. One faction of the congregation, headed by Gust Papantonopoulos and Harry Alexander, hailing from Turkish domains, insist they alone fallow the trie faith and that the Holy Pa trial ch of the Greek

The Indianapolis Times

As soon as the House met at noon today. Representative Nelson, Wisconsin, progressive leader, read to the House a * state- — ment covering the A v- -• progressive's un- / , demanding of the * * Uj proposal made a Tuesday hy Re P t M resentative LongAv, M worth, majority This statement LrnSsjFi provided the fuliest op p o minify iSsA* JmUk. * or debate and amendment of the f# rules would be provided after thirty days of con Biderat ton by tne GILLETT Rules Committee of amendment presented by Individual members. During that thirty days, the rules of the last House will govern. Speech Gets Laugh Immediately after the reading. Representative Garner, Texas, Democrat, asked Representative Longworth whether he agreed “wittingly.” The Democrats rocked with laughter. “I agree with the Interpretation just read by the gentleman from Wisconsin,” said Longworth. Then Representative Cooper, progressive candidate for speaker, asked permission to withdraw from the con test. In a brief speech he said progressives were not seeking to be obstructionists, but merely wanted a chance to vote on the rules. "Anything else in tyranny," said Cooper. Representative Beggs, Ohio, Interrupted Cooper to demand the regular order. “I hope,” interposed Representative Madden, Illinois, “that no technicaj objection will be interposed.” Cooper Completes Speech Cooper then completed his speech of withdrawal and the calling of the role began. There was *. cheer as Beck, Wiscousin, the first of the prograssives, voted for Gillett. This was repeated a moment later when Brown, also of (Continued on Page 6)

BALDWIN ELECTION BELIEVEDCERTAIN Conservatives in Britain Expected to Gain Majority, Bu United Press LONDON, Dec. s.—Premier Baldwin’s stock went up today on the eve of the general election. The conservatives are now expected to obtain a majority of forty. Lloyd George is certain to gain many seats, but his party still remains in the minority. Baldwin Is believed to be as good as returned to power, which means Great Britain may try an adjustable protective tariff for its domestic ills. | Congress Today SENATE. Meets and adjaums until House organized. Committee on committees continues executive sessions. Teapot Dome investigation continues. Select committee resumes investigation of Veterans’ Bureau. HOUSE. To complete organization and notify President.

Church at Constantinople is the fountain of faith. The other faction, however, from Greece, is headed by Pete Brown and John Zagas. With Father John Kargacos at the helm, this faction is in control of the church at present following an election in 1922 under supervision of Circuit Court. The Holy Synod of Greece is the real power, they maintain. “That’s secession,’’ the Turkish Greeks retorted. St. Trias was incorporated in 1907 as a "Greek Orthodox Church.” and the side which

Widow, 46, Weds 16-Year-Old Boy and Though Youth’s Parents Object, Preacher Says Knot’s Tied

Grand Jury May Inquire Into Legal Status of Ceremony,

Bu United Xeter mERSEY CITY, N. J., Dec. 5. Neither the Bible, the Constitution nor the law3 of New Jersey say anything against the marriage of a 16-year-old boy to a 46-year-old widow, the Rev. Robert H. Rollins told authorities here Tuesday. Therefore he saw r no flaw in the ceremony he performed uniting Burton S. Tucker, precocious boy from Salem, Mass., with Mrs. Susan O. Simpson, owner of a million dollars worth of Manhattan realty. “They seemed very affectionate, and they arrived at the parsonage Just a few minutes after the twenty-four hours, which must pass between the issuance of the license and the wedding, had elapsed,” Rollins said. When he performed the ceremony, no one showed him any affidavit slgred by the boy, admitting an obligation to marry Mrs. Simpson, N't, Reason \ ,r Questions “I saw no reason for asking for anything in support of the couple's obvious desire to be married,” he said. Later Mrs. Simpson, her voice registering extreme excitement, telephoned Rollins and asked whether the ceremony had been binding. He told her that It had been, and she exclaimed: "I want to get my husband back; he has gone back to his people in Massachusetts. Can you tell me the name of a good lawyer?” Rollins suggested the firm of Judge J. R. Tiffany, whom she consulted to reassure herself that the mArrlage was binding. Visited Boy’s Parents Rollins declared, in his story to Assistant Prosecutor McMahon, he visited the boy’s parents at Salem and urged them to let their son live with his wife They told him the lad was not yet 17, and that his wife was much older than 46. Rollins told them that, althougn he had taken young Tucker to be 21, It was perfectly legal so- a boy past 14 to choose his own wife. Authorities are still investigating, at the elder Tucker's insistence, to see if there is sjiything illegal In the wedding, and the grand jury probably will review the evidence collected.

CHANCELLOR MARX MAY BEDICTATOR Deeds, Not Words, Slogan of New Ministry, ' By CARL D. GROAT United Press Staff Correspondent BERLIN, Dec. 6. —Meeting today, the Reichstag was scheduled to pass an empowering bill, which would launch Chancellor Marx on his troubled course with virtually dictatorial powers. With Christmas coming on and salaries badly needed, members of the Reichstag preferred making Marx a dictator to having Parliament dissolved and their pay stopped. The new chancellor has chosen the slogan, ’’Deeds, not words,” as the watchword of his government. His domestic program will be one of economy, stability and hard work. If the Reichstag declined to pass the empowering bllj. Marx said the government could only hope to exist a few days. GAS IGNITES; GLASS FALLS Short Circuit in Sewer Causes Explosion Downtown. A sewer-gas explosion wrecked windows in the Haag Drug Store, 27 S. Illinois St., and in the Labor Temple, 41 W. Pearl St., early today. According to police, a short circuit In wires of the Merchants Heat and Light Company in a manhole In Pearl St. near Illinois St. Ignited the gas. Damage was estimated at S2BO. Miss Rose Velio, 1542 Lee St., was reported slightly burned in the explosion. She was crosshing Pearl St., when flames swept out of the manhole.

proves it is orthodox is going to get the $40,000 property. “No!” argue the Greekish Greeks, “Under the adjudication and separation of 1830, under the Tome of 1908 and under the (something or other) of 1914 the Holy Synod legally took power from the late lamented Patriarch at Constantinople.” “Lamented,” because the Turks recently abolished the office, which only adds to the confusion. All Tuesday morning was spent by learned attorneys resurrecting the Counsel of Nice, 325 D., at which the Greek Orthodox Church

INDIANAPOLIS, WEDNESDAY, DEC. 5, 1923

HE IS 16. AND SHE IS 46. BUT DESPITE DISPARITY IN THEIR AGES BURTON S. TUCKER, SON OF POSTMASTER AT SALEM, MASS., AND MRS. SUSAN O. SIMPSON, WEALTHY HOTEL OWNER OF SOUTH RIDGEFIELD PARK, N. J., DECLARE IT’S A REAL LOVE MATCH. OFFICIALS, HOWEVER, CHARGE IRREGULARITIES IN OBTAINING A LICENSE AND THREATEN PROSECUTIONS.

WILL IT BE LOVE OR LAW?

J ' —l MOTHER'S longing for IA I the return of her babe. 1 H and exacting machinery of the law are enacting today a drama of life, as old as a mother’s love Itself, but always new and tumultuous when happiness is Involved. To Mrs. Mildred of Paoli, Ind., are memories of the little one to which she gave life and which was given by her husband to the board of children’s guardians. Juvenile Court, for care, last spring.

‘RESIGN’ IS G. O. P. PLEA

POLITICIAN MUST SERVE Gone Williams, Muncia, Ixmea In Supreme Court Appeal. Gene Williams. Muncle politician, will be required to serve a prison sentence for alleged burglary, the Sta-.e Supreme Court decided today. Williams was convicted early in 19?2 in the Delaware County court of second degree burglary. He appealed the case to the higher court and the judgment was affirmed. He asked for anew trial. The last petition was de nled today. PETITION DUE THURSDAY City’s Request for Water Case Rehearing Revised Slightly The city's petition for a rehearing of the water rate case by the public service commission will be filed Thursday, Taylor E. Gronlnger, corporation counsel, said today. The petition setting forth thlrtyflve reasons for the rehearing will be revised slightly today with additionai causes. Gronlnger said. Gronlnger was In touch with attorneys from the Chamber of Commerce and the community civic clubs on the petition today. ABOLITION IS FAVORED Evansville Mayor Would Destroy Public Service Commission. Mayor William Elmendorf of Evansville has promised to support Mayor Shank In his fight against the public service commission if Shank’s fight is for abolishment of the commission. "If Mayor Shank's plan is merely to turn the present members from the commission, I am not lr. favor of it. We are not in love with the commission members, but we do not think that is the right way to go about it," said Elmendorf. Mayor Elmendorf said he would write Mayor Shank and learn his plans.

was formed and the Holy “Pilot’’ or guide was got together. Judge Miller said the court already knew all that detail, as it is well-known that a judge can take judicial knowledge of history. The judge sat in as restful a position as the bench afforded. The jurors, however, not having judicial knowledge, are required to listen to all details. Great quantities of chewing tobacco have been sacrificed slnoe the trial started last Friday in effor:s to get at the truth of the matter. The trial may lant another week. It Is said.

But even if the law has intervened, has a mother now the right to her own child? That is the question the board discussed all Tuesday afternoon. The mother's attorney, Frank A. Symmes. is conducting a bitter legal battle through habeas corpus proceedings before Judge Linn D. Hay. Another family, however, has learned to adore the 7 months’ old babe, members of the board realize. It It not an easy problem for those who are human and kind-hearted.

Three Possibilities Seen as Result of Party Confer - ence, Ways and means of forcing Governor Warren T. McCray out of office, or at least of making plain the attitude of the party toward him, were being discussed by Republican leaders here today. One of these three things may result: 1. A special session of the Legislature, called without the consent of the Governor, for the purpose of conducting impeachment proceedings. 2. A demand for McCray's resignation by the State committee, the Republican members of the Legislature, or both. 8. A delay until the Marion County Indictments are disposed of or until Federal authorities, who are Investigating the Governor’s affairs, take some action. Conferences With O. O. P. Chairman The possibilities were being discussed at conferences with Clyde A. Writ), La Grange, Republican State chairman at the Severin. Attending the conferences during the morning were: Walb, Frederick E. Schortemeier, secretary of the State committee; Lawrence Cartwright, vice chairman of the committee; George A. Elliott, Sixth District chairman; Ewing Emison, Second District chairman; Stuart T. Fisher, First District chairman; Raymond C. Morgan, speaker of the House of Representatives, and Representative Russell B. Harrison, Indianapolis. Walb said a statement would not be forthcoming today. Tomorrow he expects to confer with James J. Nejdl, president pro tern, of the Senate, and with Repubfrcan editors, including George D. Lindsay, Marion, pi esi&ent of the Republican Editorial Association; Henry Marshall, Lafayette, and Arthur Remmel, Ft. Wayne. The most discussed possibility is a special session, either now or ir. case further action is taken against McCray. There is serious doubt in the minds (Continued on Page 6) GERMAN SOUGHT U. S. Government Will Support Appeal for Financial Aid. By United Press WASHINGTON, Dec. s.—The U. S. Government has decided to support an appeal soon to be made by Germany for a huge loan to be raised in this country and Great Britain to feed the starving German population, It was learned on high authority at the State Department today. Dissolution Notice Filed Notice of dissolution of the Meridian Investment Company of Indianapolis was filed tbday with the State. Aquilla Q. Jones was'president of the Arm.

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

“Even if her husband did give it away last spring, the babe is hers and she has more right to it by flesh and blood rights than the family who has ‘learned to love it',” Symmes pleads. Then, too, the father, Clifford Fleming, gave his name as "Clifford Kennedy.” But today Mrs. Fleming is longing for her child. Against mother love is pitted the sternness of the law. "Love or the law,\” is the problem.

SOL SCHLOSS IS OFFERED HEALTH IMPOSITION Mayor Desires Business Man to Succeed Late Dr, E, E, Hodgin, Mayor Shank today announced he would Offer the presidency of the board of public health to SoJ Schloss of Schloss Brothers, clothiers. The place was made vacant by the death of Dr. E. E. Hodgin Tuesday evening. Schloss is in New York City. He will return Thursday. Shank said he had decided to put a business man at the head of the board''' because of the tangle in the health department finances several weeks ago. If Schloss will not accept the appointment it will be given to some other business man. Schloss has been active in public health affairs. He is vice president of the Marion County Tuberculosis Association. His trip to New York was upon business for the National Association of Retail Clothiers, of which he Is president. JUDGE’S MOTHER DIES Mrs. Helen K. Miller Called by Death in New York. Judge Sidney S. Miller, Superior Court No. 3, left today for New York upon receipt of word that his mother, Mrs. Helen K. Miller, had died at her home there Tuesday night. Maurice E. Tennant will be judge pro tern.

16 more SHOPPING DAVS s~s \ *****

Frank Oberting Is First Witness —Detectives McGlenn and McMurtrie, Who Worked on Whelchel Case, Also Testify. AFTERNOON SESSION SPEEDS INVESTIGATION Second Hunter Substantiates Story of Car Man He Saw Shaw in Automobile With Woman —Prisoner Maintains His Innocence. BULLETIN Dr. R. H. Alburger, city chemist, notified Coroner Paul F. Robinson this afternoon that spots found on the automobile of James T. Shaw, charged with the murder of Mrs. "Whelchel, were dried human blood. Frank Oberting, 1729 S. East St., who believes he witnessed the abduction at lowa and East Sts. of Mrs. Helen Whelchel, 22, of 1854 Applegate St., before her murder Nov. 28, was the first person to testify today before the Marion County grand jury when the inquiry into the death opened. The jury was busy all morning examining witnesses in an effort to ascertain if sufficient evidence is available to justify placing an indictment for murder against John Thomas Shaw, 24, colored, of 1418 E. Maryland St., who is held on circumstantial evidence connecting him with the crime. He is charged with the murder by police, who took him to the State prison at Michigan City for safe keeping.

Among other witnesses were Detectives McGlenn and McMurtrie, who worked on the case. Police are in charge of producing witnesses for the investigation from the list of those previously questioned by them or officers who have worked on the case, said Claude M. Worley, Criminal Court investigator. No subpoenas are being issued. The investigation was continued this afternoon. Quiz on Auto Clew Among other witnesses expected to appear are the two men who said they saw Shaw in an automobile with a woman early on the morning the body was discovered and several colored persons held on vagrancy charges after their stories led to the arrest of Shaw. The colored persons held are Jerry Sykes, 818 N. West St., who is said to have pawned Mrs. Whelchel s watch; James Kelley, 401 W. Pratt St., said to have given the watch to Sykes after receiving it from Shaw, and Clara Leo Smith, 437 Bright St., who was wearing Mrs. Whelchel's diamond ring end said it was given to her by Shaw, according to detectives. Deputy Prosecutor Daniel V. White is in charge of the probe. All speed possible In questioning witnesses will be made, it was indicated' with the announcement by Prosecutor William P. Evans that the jury would meet this afternoon, an unusual proceeding. The investigation may be concluded tomorrow, Worley thought. Itelford With Staley Hary Belford, street ear conductor, 1801 Broadway, today substantiated the statement of John Staley, street car motorman, 520 N. Liberty St., that he saw Shaw in an automobiles with a woman the morning the body of Mrs Whelchel was found. Detectives hold the theory that Shaw, intending to rob Mrs. Whelchel, dragged her into his automobile at lowa and East Sts., about midnight the night of Nov. 27, and after driving around for several hours, threw her body from the High School Rd. bridge, one miles north of Ben Davis, to the Big Four Railroad tracks below, where the, body was found. Belford and Staley were members of a hunting party. They said they met a Ford touring car about two miles north of Avon, Ind., at about 5 a. m. the morning the body was found. The body was found at 7:20 a. m. Avon is six miles west of the High Sc.hooK Rd. bridge. Both Belford and Staley declared after seeing picture of Shaw that he was the man in the car. They also identified Shaw's automobile, held by police, as the car they met.

“We met the Ford tourig car with only one headlight burning,” said Bedford. “It was the left light. In the rear seat was the form of a woman slouched down as if she were asleep. I am positive the man in the car was Shaw.” ”1 was close enough to the other car to have touched it,” declared Stajey, according to detectives. Both Cars Going Slowly "The car was crowding us off of the road. Both of us were driving slowly. I recognized Shaw through pictures in the newspapers. I did not connect the incident with the murder until after I saw Shaw’s picture. Staley pointed out that the right headlight on the car he passed was not burning. The right headlight on the car held by police is broken. Staley also described a peculiar shape of the top of the car he passed, tallying with that of Shaw’s car, police say. Virgil Gwlnn, 2172 N. Gale St., and Dale Ritzier, 816 Highland Ave., who w r ere with Staley and Belford, said they did not notice the persons in the other car. Dr. R. H. Alburger, city chemist, said he expected to determine today whether spots upon Shaw’s car, which he found to be dried blood, were human blood. SHAW STICKS TO STORY Suspect Withstands Grilling at Michigan City. By RICHARD MILLER, Times Staff Correspondent. MICHIGAN CITY, Ind., Dec. 5. Despite the belief late Tuesdav of Detectives Radamacher and Alle and Police Lieut. John Zener of liffianapolla that John Thomas charged with the murder of Mrs.

Forecast RAIN tonight, possibly mixed with snow, followed by clearing Thursday. Colder tonight. Near freezing.

TWO CENTS

Hejen Whelchel, would give an explanation of her murder soon, Show doggedly stuck to his denial today. Shaw is held in the State prison here for safe-keeping. Deputy Warden Walter Daly, who is assisting in the grilling, said that Shaw, has admitted he had Mrs. Whelchel’s watch and ring and that he knew there was blood on his automobile. Shaw, who told detectives in Indianapolis several days ago that he got the watch and diamond ring from a white man in the city, changed his story to say that he bought them for $5 each from a white man who was “riding him around” In the country late Wednesday afternoon, Daly said. Ihe detectives said Shaw is continually pleading to be taken back to Indianapolis, and asks for Detective Radamacher whenever the others are questioning him. Daly said that when Shaw was being taken to a meal Shaw said: “When they get the guy that had that ring they will have the fellow that killed the girl.” “I do not believe the man that killed the girl meant to kill her,” Daly said he said to Sbaw. Shaw replied, according to Daly: “No. I do not, either. I believe he will tell them that, too.”

JAGOBV APPOINTS COMMITTEES FOR MEMORIAL DRIVE Funds to Be Called Week of Dec. 9 for Harding Shrine. Elias J. Jacoby, Marlon County chairman of the Harding Memorial campaign, today announced the personnel of the local committee that will direct the Indianapolis campaign in raiding funds for the erection of a memorial to the late President Harding. William Fortune is chairman, Robert H. Bryson, vice president; Arthur V. Brown, treasurer, and Myron R. Green, secretary. Other members: Mayor Samuel Lewis Shank, J. K. Lilly, Thomas Taggart, L. C. Huesmann, Edward A. Kahn, William J. Mooney, Charles A. Bookwalter, Mrs. Joseph B. Keallng, Mrs. John W. Kern, Curtis A. Hodges, James A. Stuart, Albert W. Buhrman, Ralph A. Lemcke, John C. Ruckelshaus, Felix M. McWhlrter, Frank Wampler, the Rev. Charles H. Winders, Louis Hollweg, George J. Marott and Lucius M. Wainwright. Assist National Body The Indianapolis committee will work with the Harding Memorial Association of which President Coolidge is the head. A Nation-wide drive for funds will be held during the week of D§c. 9. The association will erect at Marion, Ohio, a Harding memorial mausoleum. His home at Marion will be made a national shrine and the endowment of a Warren Gamaliel Harding chair of diplomacy and functions of government in connection with some university will be made. City Administration to Aid Mayor Shank Tuesday called Nhe committee by telephone from French Lick and voluntarily offered the resources of the city government for assistance in the campaign. Mi Fortune said that only voluntai y contributions will be sought. A meeting of the committee was held at the Chamber of Commerce at noon today. Fortune said arrangements have been made with 81,000 banks and trust companies throughout the Nation to act as depositories for funds collected during the drive. Arthur R. Robinson sent a representative who pledged the cooperation of the State committee with county and city leaders. I Representatives of the daily newspapers spoke.