Indianapolis Times, Volume 35, Number 187, Indianapolis, Marion County, 19 December 1923 — Page 1

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VOLUME 35—NUMBER 187

WHELCHEL MURDER TRIAL OPENS IN CRIMINAL COURT

MURDER CONVICT, HEAVILY SHACKLED, IS TRIAL WITNESS Joliet Lifer, Convicted of Killing Muncie (Ind.) Man, Brought Into Court. GUARDED BY SIX MEN Testifies in Robbery of Bank and Frees 'Big Gus’ of Blame, 8y United Pngs EDWARDSVILLE, Ills.. Dec. 19.—Clarence Langford, convicted murderer serving a life sentence at Joliet penitentiary, was brought into Circuit Court today shackled to two guards, to testify in the trial of "Big Gus” Zeidler, Governor Len Small’s chef. Zeidler is on trial on a charge of assault in connection with the robbery of the Tri-City Bank here. He lias already served a term for the robbery from which he was paroled to become the Illinois executives cook. Escorted by Guard Langford was escorted from the train by six heavily armed deputies, who arranged themselves around him In the court room. Langford, who is serving a life sentence for the murder of a man at Muncie, Ind., and who is reputed to have killed five others, was said to have a gang of desperadoes in the Ozark Mountains ready to come to his aid. Langford- testified that he, with his 'brother, Claude, who is in the penitentiary, and a third man committed the robbery, obtaining $17,000, none of which has ever been recovered. Never Heard of Zeidler "I never heard of this guy Zeidler; he wasn’t in on the robbery,” Langford said. The convict testified he had read of the case, and, not wishing to have an innocent man suffer for his crime, had confessed to the parole officer at Joliet. "I got my share of the loot, too,” Langford said. Alexander Mackson, who has served several prison sentences, was on his way here from southern Illinois penitentiary at Chester, under the same heavy guard. He will be the defense’s second witness.

TUXEDO SUSPECTS TO BERETURNED Governor Signs Requisition for Man in Detroit. Requisition for return to Indianapolis of Roy C. Young, charged with .complicity In the $8,774 Tuxedo State 'Bank hold-up here Nov. 23 was signed today by Governor Warren T. McCray. Young and a woman giving the name of Marjorie Callahan, reported to have made a confession Implicating Young and a man known as "Itallon Joe’* In the confession, are held in Detroit, Mich., where they were arrested Monday night. Both will be brought to the city by an operatlve\of the H. C. Webster Detective Agency, which gathered evidence which. It Is said, resulted In the woman's statement. The woman did not oppose extradition. HOURLY TEMPERATURE 6 a. m.. 42 10 a. m • -.. 47 7 a. m. 43 11 a. m........ 48 8 a. m 44 12 (noon) ...... 49 9 a_ m. • 43 1 p. m........ 49 4? mote Su OPPiNG DAVvS MERCHANTS’ Association Stores will remain open until 6 p. m. up to and including Christmas eve.

The Indianapolis Times

BRIDGE ORDERED ON DELAWARE ST. AT $172,336 COST

Contract Let by County Commissioners Today After Move for Delay Is Protested by City Officials, Who Cite Agreement for Improvement. Contract for construction of the Delaware St. bridge over FaU Creek was let today by county commissioners to M. E. White, Chicago, for $172,336.

YULE MAIL RUSH BREAKS RECORDS AT CITY OFFICE 101 Trucks and 200 Extra Workers Enlisted by U. S. All records were broken by the Indianapolis postoffice Tuesday for volume of business handled. Stamp sales amounted to $29,846.97. The previous record, established last year, was approximately $21,000. During the day, 2.415 sacks of mail were received and 4.779 dispatched, an increase of 64 per cent over the same day last year. A total of 628,865 pieces of mail were handled, exclusive of insured and registered pieces. The same day In 1922, 684,634 piece* of mail went through the office. So great was the rush that 101 trucks are now in service. Ten were borrowed from United States Army, one from the Navy and twenty-two brought in from the postoffice storage garage at Beech Grove.

M’CRAY CASE NETS ' NICHOLS SIOO A DAY

Judge Collins Orders $2,400 Paid Investigator for Services, An order to the county treasurer to pay $2,400 to Clarence W. Nichels for services as special prosecutor in the Marlon County grand Jury Investigation of Governor Warren T. McCray's affairs, was issued today by Judge James A. Collins of Criminal Court. The Investigation resulted In the return of eight Indictments against the Governor. Judge Collins also ordered SI,OOO paid the estate of the late Charles W. Moores for similar services. The money will be taken from a special appropriation of $5,000 set aside by the county council. Nichols served from Nov. Y to Nov. 30, when the Indictments were returned. Moores had charge of the Investigation prior to Nov. 7. He was forced to give it up because of illness which resulted In his death Dec. 7. Judge Collins heard evidence from three attorneys as to what sums would be commensurate with the services. The attorneys heard were Charles Remster, Charles S. Wiltsie and Henry Spaan. Nichols' service was stretched over a period of twentyfour days. The sum represents a remuneration of SIOO a day and on many days there was Inactivity In the Investigation. Nichols also will conduct the prosecution of McCray’s Criminal Court trial. He will be assisted by Eph Inman. Arraignment will be Jan. 7. GIFTS WILL CHEER 800 HOOSIER VETS Overseas Women Send Boxes for Disabled Folks, Disabled Hoosier veterans in fourteen United States hospitals will be remembered at Christmas this year with personal gifts of cheer. Boxes containing 600 gifts of stockings and other articles were shipped today by the Indiana Women’s Overseas League, Miss Alice Bush, president, announced. Os the 600 disabled veterans, forty are women, former welfare workers and nurses. The Indiana League has fifty-six members, twenty-six of whom reside in Indianapolis. The gift committee, of which Miss Mary Horn is chairman. Is composed of Miss Bush, Miss Grace Hawk an 4 Miss Helen Courtenay.

Other bidders: Koss Construction Company, $183,290; National Concrete Companqy, $186,178; Todd A Reed, $201,750; Grant-Bolton Company, $198,942. The first two companies bid $163,600 and $176,626, respectively, on Luten specifications, a standardized set of plans. The accepted bid was on plans for bridges to fit special conditions at Delaware St. Postponement Move Is Fought Commissioners said at first the-con-tract would not be let until the city contracted for construction of the Kentucky Ave. bridge over White River. County and city had agreed to build a bridge. John Elliott, city engineer who is working on plans for the Kentucky Ave. bridge, told commissioners postponement of the Delaware St. bridge would be unwarranted since the oitv was advancing as fast as possible with the completion of an assessment roll from which money is to be obtained to build the White River bridge. He said the roll would be completed Jan. 1. ' \ Jfoosier Motor Club, Backer The Hoosier Motor Club started agitation for the Delaware St. bridge several months ago, culminating two months ago in a mass meeting in which several hundred citizens supported the demand for a bridge. The agreement, including erection of the Kentucky Ave. bridge, was reached a short time later.

MOTHER OF EIGHT • DIESJN CRASH Three Girls Seriously Hurt as Train Hits Auto, By United Press BARRINGTON, 111., Dec. 19.—One woman was killed and three school girls were perhaps fatally injured when a C. & N. W. passenger train demolished their automobile at a crossing near here today. The dead: Mrs. William A. Dahir, 4ft, mother of eight children. The Injured: Elsie Trestlk, 13; Helen Trestlk, 16; Henrietta Patterson, 16. The girls are high school students and were on their wav to Barrington to School. Helen Trestlk, the driver, was giving Mrs. Dahie. a ride from her home to the rallroao station where she was to get a train. 11 CHOSEN FOR CITY PLAN BODY Atherton and Schmidt Are Shank Appointees, John W. Atherton, financial secretary of Butler University, and Gustlav G Schmidt, moving picture theater owner, today were appointed members of the city plan commission by Mayor Shank. They succeed Edward Robb, chairman of the commission, and Lewis Bruck, chairman of the transportation committee. The new members will serve for four years. LETT IN JUDGE’S IRACE Marion Attorney Announces His Candidacy for Bench. Wilson D. Lett, lawyer of Marion, Ind., announced his candidacy today for democratic nomination for judge of the Supreme Court from the Fourth Judicial District. The position is now hot* by Judge Gause. Lett has been a practicing lawyer I for the past thirty years, a member of ! the law firm, Lett & Lett. In 1916 hd I was candidate for Grant County Cir- | cuit judge and was defeated by 119 , votes.

INDIANAPOLIS, WEDNESDAY, DEC. 19, 1923

FESSISTHROWN IN SENATE FIGHT TD END DEADLOCK Progressive Leaders Unwilling to Vote for Democrat as Chairman, Bv United Press WASHINGTON, Dec. 19.—Unwilling to vote for a Democrat, if it can be avoided. Senate progressives today considered Simeon D. Fess, Ohio Republican, for a much sought after chairmanship of the important Interstate Commerce Committee. A meeting of progressives was called for this morning to decide whether to switch from Senator Couzens, Michigan. to Fess in an effort to attract more regular Republican votes and break the deadlock. Senator Brookhart, lowa progressive, is in favor of Fess and will sound the opinion of the other I>a Follette followers. Fess favors ■ repeal of Section 15-A of the Esch Cummins rail act, it Is said, and was backed in the recent election by the big four railroad brotherhoods. If the decision Is not reached at today’s caucus, the progressives will continue to back Senator Couzens. MAYORABIDESBY BEDFORDRULING Advises Reinstatement •of Patrolman. Mayor Shank today, in a letter to the safety board, asked for the reinstatement of Patrolman Harvey Bedford under the order of Circuit Judge Chamberlain. Bedford was discharged with Lieut. Arthur McGee on charges of insubordination and neglect of duty after the two had attempted to serve a warrant upon a Colfax, Ind., boy whom they suspected of the murder of Robert Watson. Ernest L. Kingston, safety board president, said: “As far as I am concerned, I am willing to comply with the wishes of the mayor. While I cannot speak for the rest of the hoard, I feel sure they are in accord with the mayor and that Bedford will be reinstated.” An appeal had been planned.

TM FOR COOLIDGE; Manufacturer Disposes of Own Boom for President, By United Press DETROIT, Dec. 19 —Henry Ford today declared himself in favor of President Coolidge’s election. "I'm for Coolidge,” the manufacturer said casually, and in that brief phrase effectively disposed of his own presidential boom. Ford, sometime ago, asserted he would support Coolidge If he enforced prohibition. Since that timo he has! visited the executive at the White House. His statement comes at a time when Ford boomers are preparing for a con fereipce next month to carry out thoir plan of running the manufacturer for President. TWO PROBABLY FATALLY INJURED IN AUTO WRECK Youth Loses Control of Mac! lino Which Crashes Into Pole. By United Press BRAZIL, Ind., Dec. 19.—Fred Whittaker, 20, and'Frank Killion, 19, were probably fatally injured when their auto plunged into i telephone pole near here early today. Killion turned to miss a buggy and lost control of the machine. The two men were brought to a hospital here in an unconscious condition. # BODY -FOUNDnr LAKE 4 Grief Over Children Causes Woman to Take IJfe, Police Say. By United Press SOUTH BEND, Dec. 19.—Grief over mishaps to two of her six children caused Mrs. John Goso, 44, to commit suicide here, police said today, following recovery of the woman’s body from a lake last night. Police had dragged the lake for two days. One of the children wan killed in an automobile accident and another was sent to the reform school.

County Clerk’s Aides Renew Christmas Spirit

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GLADYS LITTLE. (LEFT) AND HELEN FRIDAY

When they’re hot copying the prolific records of Marlon County courts in the clerk's office at the courthouse, and taking care of other county business, Miss Gladys Little, 6 Eastern Ave,, and Miss Helen Friday, 2242 N. Alabama St., renew

BANDITS LOOT BANK AND SHOOT UP TOWN

Kansas Village Terrorized by Robbers, Who Cut Phone Wires and Hold Citizens*at Bay,

Hu Unit'd Press KEATS, Kan., Dec. 19. —Robbers terrorized this village today holding residents at bay while they looted the State Bank. Although the robbers obtained only $2,500, they worked In a thorough and complete manner winch testified to their expertness. COLOMBIAN W TOLL 1 DEAD President Orders SIOO,OOO for Needy Relief, By United Press BOGOTA, Colomb'a, Dec. 19. President Nel Osplna today assumed personal charge of measures to relieve the stricken population of the earthquake zone along the Ecuadorian border. The President authorized immediate expenditure of SIOO,OOO for the more needy and Instructed the army for the caring of homeless and Injured. Latest reports placed the total dead from tho disaster from which four towns were completely destroyed at 400, with hundreds more Injured. The devastated region includes one of the richest agricultural zones of Colombia. Property damage la described in the latest reports as very great.

Booze Floods Chicago

Hu United Press r- HICAGO, Dec. 19. —Flouting C warnings against poisoned liquor and ignoring appeals to obey the prohibition laws, Chicago Is laying in a huge stock of drinkables for Christmas and New Years celebrations. Nearly every drink known In the pre prohibition days, and many new ones developed since, are on the market. Here is a drink list, with prices, compiled from a survey of offerings openly made by “dealers’ 1 : Gin, $3 per quart; beer, $4 per gallon; hooch (home-made whisky), sl2 per quart; “genuine” whisky, $lB per quart; sacramental wljoa 41 par ab>

Entered as Second emss Matter at Postoffice. Indianapolis Published Daily Except Sunday.

their Christmas spirit as shown in the photograph. Trees are on sale around the courthouse. Christmas trees arc a little higher and a little scarcer this year than last, but they’re lust as beautiful. The demand is great.

The village, with a population of 100, was awakened by a blast which blew a hole in the concretfr.bank vault. Persons living near the bafik, including officials, stepped on porches and oponed fire with shotguns at the bandits. The robbers returned the fire, driving citizens bivck into their homes. Bullets whizzed through windows, forcing all residents to lie low until the robbers had completed their work. Wires leading from the village were cut and It was threo hours after the robbery before Sheriff Hunter of Riley County was summoned from Man hattan. ANTI-VOLSTEAD BILLS INTRODUCED New Jersey Senator Would Revise Liquor Measure, By United Press WASHINGTON, Dec, 19.—Two bills to revise the Volstead net were introduced In the Senate today by Senator E<jge, Now Jersey, Republican. The first would raise the permissable alcoholic content of beverages from one-half of one per cent to 2 per cent. The second would relieve restrictions against the Issuance of iiquor prescriptions by physicians.

Ion; “cut,” or diluted sacramental wine, $6 per gallon. Black fig wine is new in Chicago. It Is a favorite beverage because It packs a heavy "kick.” Federal agent* *re authority for the statement the city Is being flooded with real beer from Elgin, Joliet, Peoria and other Illinois cities, where breweries abound. So-called genuine liquor Is coming in large quantities from Canada. The hooch Is coming from thousands of cellar distilleries In Chicago. Wines are obtainable from many sources. One famous wine company in business for more than thirty yeiars. Is selling vast quantities of fruit Juices with directions for "what not to do” to prevent the Juices from for-. .BUBtAOft)

Thirteen Prospective Jurors Dismissed Because of ‘Opinion’ in Case

Because many prospective jurors had formed an opinion as to the guilt or inneence of John Thomas Shaw, colored, charged with the murder of Mrs. Helen Whelehel, 22, of 1854 Applegate St., extreme difficulty was experienced in obtaining a jury for the trial of Shaw, which opened in Criminal Court today. When the court adjourned at noon twenty-one prospective jurors had been examined. Thirteen had been excused because they said they had formed opinions. Eight had been tentatively passed by the defense. Curiosity seekers who visited the Courthouse by the hundreds hoping to be present at the trial were disappointed. They found the first and second floor of the Courthouse patrolled by policemen. Only witnesses, prospective jurors and a few persons familiar to authorities were permitted to enter the courtroom. At no time were all the seats taken. Two policemen stood at the entrance to the room and one stood at each end of the jury box. No one except persons with business on that floor were permitted on the second floor of the building, where the Criminal Court is situated.

A large crowd gathered on the first floor, but soon was dispersed. When the court adjourned at noon no one was permitted to leave the courtroom until Shaw had been taken from the building. Whispers to lawyers Shaw sat between his attorneys, apparently taking a keen interest in the case. He occasionally would whisper to one of his counsel. Shaw was wearing a “Valentino” vest and a tiny black bow tie with a stiff collar. His clothes were neatly pressed and he was clean shaven. Inside the bar and almost directly behind Shaw sat Francis Hager, Jr., father of Mrs. Whelehel. He sat most of the time with his head bowed in his hand. Among the witnesses were two sisters of the defendant, listening to the questioning. The questioning was conducted by H. B. Pike, former prosecutor of Vermillion County, who was appointed by Judge James A. Collins to defend Shaw. Collins presided. The first talesman examined, Martin Feeney, 510 N. Bancroft Ave., said he had formed an opinion from reading the newspapers. Pike moved that he be excused and the motion was sustained. Pike asked the usual questions, as to whether the juror had read or heard of the case, whether he had formed an opinion, whether he was acquainted with persons connected with the case, and whether he had any prejudice against the colored race. Contractor Unbiased Ewing Shields, contractor, 2535 Park Ave., the second man examined, said he had not formed an opinion. Pike explained in detail the law concerning circumstantial' evidence, and Shields answered he believed he could give Shaw a fair trial under the law. Similar answers were given by' Charles R. Miles, retired hotel keeper, 2021 College Ave., and David Goldman, retired merchant, 2851 Washington Blvd. Two prospective jurors examined were excused because the.,' said they had formed opinions. They were Marshall Bailey, Southport, and Arthur O. HoyA:, 210 Rybclt Ave. The next man examined was Russell R. Jennings, farmer Pike township. After the usual questions had been

answered Pike asked: "Are you a member of an organization that investigated a crime wave in Marion County last summer?” “No sir,” Jennings leplied. He Was tentatively accepted. Sampel W. Sklllen, retired glass worker, 1411 E. Michigan St., was next and he was accepted tentatively by the defense. Ralph E. Berry, rural route G, a farmer, said he had formed an opinion and was excused. No Fixed Opinion Lewis Gass, blacksmith. Pike Township, said he had “no fixed opinion.” He was in the box at adjournment. The next two men examined explained they had unshakable opinions concerning Shaw. They were excused. They were Charles Newby, automobile assembler, Camby, and Sylvester Johnson, contractor, 552 E. Fall Creek Blvd. Omer F. Isenhour, farmer. Pike Township, was tentatively accepted. John R. Gill, farmer, Wayne Township, said he had formed an opinion and was excused. The next man examined was Harry R. Jennings, Pike Township farmer and brother of Russell R. Jennings. After considerable questioning, he j said he had an opinion and was excused. Three others were excused in quick succession on the same grounds. They were Arthur Scudder, farmer, Valley Mills; John Harvey, farmer, Pike Township, and Alfred L. Goodlet, real estate agent, living west of the Speedway. George A. Roberson, farmer, Decatur Township, was tentatively accepted. Two Farmers Excused Following him, William Park,’farmer, Decatur Township, and Louis Wiese, farmer, Warren township, were examined and excused because they hiad formed opinions. The defense Is allowed twenty peremptory challenges, that is challenges without the necessity for showing cause. Not one of these had been used In the flret half day of the ses tdon. Shaw attracted considerable attenifrm so T* token from y the

Forecast RAIN predicted for this vicinity, probably tonight and Thursday, with continued mild temperature.

TWO CENTS

Prospective Jurors

When the Criminal Court adjourned at noon today after a morning of examination of prospective jurors in the case of John Thomas Shaw, charged with the murder of Mrs. Helen Whelehel, f eight talesmen had been tentatively accepted by the defense. The State had not started its examination. Those tentatively accepted: * Ewing Shields, contractor, 2535 Park Ave. Charles R. Miles, retired hotel keeper, 2021 College Ave. David Goldman, retired merchant, 2851 Washington Blvd. Russell Jennings, farmer, Pike township. Samuel W. Skillen, retired glass worker, 1411 E. Michigan Street. Lewis Gass, blacksmith. Pike township. Omer F. Isenhour, farmer, Pike township. George A. Roberson, farmer, Decatur township.

courtroom to the Jail at noon: A curious crowd followed him and his guards The twelve men who were In the box when court adjourned went to lurch under guard of officers. They w r ere warned not to discuss the case with anyone or among themselves. Attorneys Pike and C. H. Thunaton, who were appointed by Judge Collins to de'end Shaw, filed a motion to quasi, the indictment, when Shaw was < ailed to the bar to enter his plea. Judgj Collins overruled the motion. Re my Reads Indictment Prosecutor William H. Remy then read the indictment, alleging that Shaw killed Mrs. Whelchel with a. blunt instrument, while engaged in the perpetration of a robbery. Part of the time, Shaw listened to the reading, and part of the time he looked at Judge Collins A delay was encountered while W. S. Henry and Joseph K. Brown, colored attorneys retained by Shaw’s sister, Mrs. Roy Gill, 1418 E. Maryland St., asked Judge Collins to excuse the jury so that they could file a motion for change of venue from Judge Collins personally. They presented the typewritten mo-' tion, signed by Shaw in a straggling hand. Judge Collins called Shaw to the bar. "Did you understand that this court (Continued on Page 2) ELEVEN STILL MISSING IN HOUSTON HOTEL FIRE Three Bodies Recovered From Ruins of Smoking Debris. By United Press HOUSTON, Texas, Dec. 19.—Eleven persons were still missing today following the fire which destroyed the Capitol Hotel, Tuesday. That num ber. registered at the hotel have been unaccounted for. Three bodies have been recovered.

Congress Today

SENATE Resumes balloting for chairmanship of Interstate Commerce Committee. Public lands committee resumes investigation of Teapot Dome lease. HOUSE Not in session. Ways and Means Committee begins consideration of tax bill.

Penalty If John T. Shaw is convicted of the murder in the first degree the Jury must recommend either electrocution or life imprisonment. . Conviction of second degTse murder means life Imprisonment and of manslaughter, two to twenty-one years in prison.