Indianapolis Times, Volume 35, Number 189, Indianapolis, Marion County, 21 December 1923 — Page 1

Hornet Edition FULL servicfe of United Press, United News, United Financial, NEA, Scripps Alliance and Scripps-Paine Service.

VOLUME 35—NUMBER 189

SHAW NET DRAWN TIGHTER

Witnesses Testify Prisoner Left ‘Avenue’ Half Drunk

WATER UTILITY SUES TO STOP NEW SCHEDULE Injunction Petition in Federal Court Asks Order Restraining Commission From Enforcing Recent Rate Award,

An injunction to prevent the public service commission from enforcing the water rate schedule order recently issued by the commission and from setting any valuation on company’s property of less than $18,650,000 was

Lloyd George on Fanning The former British premier, who recently visited Canada and part of the United States, including Indiana, will have a special article in /The Times tomorrow. He discusses American and Canada farming. Does the American farmer fear growing competition from Canada? Read what, Lloyd George says. His article will be published exclusively In Indianapolis In The Times.

WOMAN INJURED IN ESCAPING FLAMES . . * Fall Prom Burn!ngTTouse Results Seriously. Hanging for minutes from an upstairs window in an attempt to escape from flamss enveloping the house, Mrs. Mary Taylor, 60. colored, rooming in the rear of 2250 College Ave., fell and received deep gashes about the head today. An attempt was being made to rescue her. Miss Goldie Carson, colored, and Mrs. Annabel!© Shelby, colored, and her three children escaped when they dashed from the house at the discovery of the flames. Damage of $5,000 was caused by the fire thought to have started from an overheated furnace, fire officials say. City hospital attaches say Mrs. Taylor is In a serious condition.

SUSPECTS FREED IN SPENCER BANK CASE State Fails to Produce Evidence and Robbery Charge Against Eleven Is Dismissed,

Bv United Press SPENCER. Ind.. Dec. 21.—The State's case against the “Bicknel Bank Bandit Gang.” charged with robbing two banks on the night of Nov. 6, blew up today and the charges were dropped. When the eleven suspects were brought into court for preliminary hearing before Claude Hoskins, justice of the peace, a motion to dismiss the case was made by James R. Miller, deputy prosecuting attorney. Dismissal was asked after several Spencer citizens who saw the bandits the night of the robbery were unable to Jdentify any of the prisoners as members of the bandit gang. Four of the men were kept In custody awaiting trial for the Coal City

A Flame Which Will Burn Forever at Sacred Spot

rpTl YER the Unknown Soldier’s grave on the heights of Ar--1 lington overlooking Washington, they have placed a column, a sort of experimental “finishing touch” to what, in some ways, is the most sacred spot in the United States. If people like the column, it will be made permanent. If they do not like it, the presumption is it will be replaced by something else. Here is a suggestion: In France, where the idea of making a national shrine of the tomb of one of her unknown heroes of the World War originated, they have hit upon another idea, eminently worthy of the original inspiration. # # * N TOP of the simple stone covering the remains of her Unknown, under the magnificent Arch of Triumph at the top of the world-famous Champs-Elysees, they have placed a bronze cup representing the sun and it ntys, and in

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asked in Federal Court today by the Indianapolis Water Company. The commission valued the property at $15,260,400. A temporary restraining order pending final decision of the case also was asked. As in the cases of the injunction suits brought by the Citizens Gas Company and the Indiana Bell Telephone Company alleged confiscation of property was made the basis of the action. The order of the commission, it was said, denied the company a proper return on the fair value of its | property. In both the telephone and gas cases ‘ injunctions were granted In Federal Court against the commission and I higher rates were established as a result.

CHRISTIAN WILLS FUND TO WABASH Widow to Receive Remainder of Estate. .Vtdef'-Afca vrf Tl or The Is+e-WiLmor F. Christian, general agent for the Equitable Life Insurance Company, and a trustee of Wabash College, all rt newals, bonuses or amount 'lue him on contracts with the-. j“tgrknce company are bequeathed tcrjpp&ash College. ' “How much that sum will be there is no possible way of knowing now, until the sums are collected and the estate settled,” said Henry M. Dow ling, attorney for the widow, Mrs Edna M. Christian, who w;is appointed executrix. Mrs. Christian will receive the remainder of the estate, the value of which also is uncertain, said Dowling. The bequest to the college must be put In a fund, and a sum equal to 5 per cent on it paid annually to Irma Rice, a business employe of Mr. Christian, during her life for “long and faithful services.”

bank robbery earlier in the year. They were Willard Peterson, Roy Graham, Royal Dodds and “Denver” Meeks. The others were released and returned to their homes in Bicknell. Seven of the men, however, will have to return to Spencer Dec. 26 to answer a charge of manufacturing liquor In Jail while awaiting hearing. The cast against the men depended entirely on statements made by Miss Gladys Edwards at Bicknell. These statements, according to authorities, she repudiated just before the men were to be given preliminary hearing. With the dismissal of the case against the Bicknell men, Owen County officials admitted they were without any other clew to work on in their search for the bank robbers.

COMMISSION HITS BELL SUBSIDIARIES INRATEARGUMENT ' ‘Multiplicity of Concerns Under One Ownership. Keeps Toll Up.’ By FELIX F. BRUNER Times Staff Correspondent CHICAGO. Dec. 21—A multiplicity of concerns under the same ownership Is largely responsible for high telephone rates In Indiana, the public service commission contended in a brief filed in Federal Court here today in the case In which the Indiana Bell Telephone Company is asking for a permanent Injunction to prevent the commission from inter- j sering with present rates in the State. j Oral arguments on the petition were heard by Federal Judge George T. Page. The commission called particular .ttention to the American Telephone and Telegraph Company of Indiana which operates toll lines parallel with those of the Indiana company which Is under the same ownership. The commission contended this concern is taking revenue from the In- 1 dlana company. Service Charge Attacked The commission also attacked the contract of the Indiana company whereby it pays 4>£ per cent of Its gross returns to the present oompany for telephone station rental and other service. It contended the amount paid j Is excessive. The company filed a brief contends lng for higher valuation, higher depreI ciatlon rate and higher rate of re:turn. Arguments were opened by W. H. ; Thompson for the compahy. He con- , ■■yqtiaJ jjjg company would have lost ' $i ,276.000 to date If the rates entered | by the commission had been put Into effect. The arguments come as a culnilnation of one of the longest and hardest fought utility cases since the public j service commission was organized In j 1913. Probably more consumers are affected —a large majority of all the telephone users in the State—than ; have been affected by any other rate case in the State. Increased Rates Is Aim The case started when the telej phone company asked for Increased rates. These were refused by the ; commission. The case then was carried Into Federal Court. A tempor- > ary injunction and a temporary r@i straining order ware granted In suc- ' cession. These were followed by a hearing before Judge Page in Indianapolis in which the evidence already presented to the commission was re peated. Not only the public service commission, but the city of Indianapolis, is engaged In the fight against Increased | rates. Taylor E. Groninger. corporaj tion counsel, is here representing the ] city.

HALLER WILL PROBATED Entire Estate Is Left to Widow — $5,000 Personal Property The will, probated today o< the late Gustavo A. Haller, 401 N. Arsenal Ave., connected with the Murpt drill team for thirty years, leaves his entire estate to the widow, Mrs. Maude S. Haller. Mr. Haller was president of C. Zimmerman & Sons. The estate was estimated at $5,000 personal property and some real estate, it was said. DAWES - MAY HEADBODY By United Press PARIS, Dec. 21.—The reparations commission decided today to request Charles G. Dawes, former director of the United States budget, to act -s president of the committee of exports which will Investigate Germany's finances.

that cup a “flame of remembrance” has been lighted which is to be kept burning as long as France shall survive. It is never to go out. Instead of a commonplace stone like all other stones, cold, banal, unresponsive and uninspiring, why not place a high altar of bronze above our Unknown in Arlington’s field of glory, and on this altar light a flame and keep it burning forever, a literal flame of liberty and of remembrance 1 There is nothing purer than fire. There is something living in it, too. Flames almost seem to talk. What a story mem.ory’s flame above the Unknown Soldier’s grave would tell a ll who visited there. And wtat things it would make them think I # * YyTI HEN they lighted the flame above the French Unknown ” in Paris, troops were drawn up in a great circle about the shrine. WarißOthers were there and representatives of

INDIANAPOLIS, FRIDAY, DEC. 21,1923

Santa’s Substitute Shows How to Get Into a Home

Santa Clatis, of course, would not appear before the time set for the party for the children In the neighborhood of Fire Station 26, Webb and Raymond Sts., Saturday night, so Fireman Frederick Sate, 342 Bosart

LEVIATHAN ON BANK IN NEW YORK HARBOR - Position Is Not Dangerous and Passengers Regard Affair as Lark —Many Important Personages Aboard.

By United Press ABOARD STEAMSHIP LEVIATHAN, AGROUND IN NEW YORK BAY, Dec. 21.—(8y wireless) —The Leviathan, world's largest liner, grounded on a mud bank near Robbins' Reef In New York Bay today when a strong ebb tide from Kill Von Kull caught the ship on the port side, swinging her toward the reef. Pascngers„ who had been making preparations for disembarkation, regarded the affair as a lark. A tea dance waft started on II deck. Meanwhile, customs officials commenced examining baggage aboard, so some of the more fortunate could be taken ashore in tugs. There was a rush for the wireless room, as hundreds of those aboard had train reservations, which they desired to cancel. Others wanted to send messages to friends and relatives to inform them that their Christmas arrival home would be delayed.

FLETCHER EMPLOYES AND OFFICERS MEET Annual Dinner of Rank and Company Is Held. Officers, directors and employes of the Fletcher; American National Bank and the Fletcher American Company were working with gusto today after the annual dinner at tho Athenaeum Thursday evening. About 200 attended the banquet at which R. K. Smith, vice president of the Fletcher Bank was toastmaster. Responses were made by Elmer W. Stout, president of the bank, George C. Forrey, president of the Fletcher American Company and Charles R. Keogh, teller, who spoke for the employes. Appropriate decorations lent a Christmas spirit to the dancing and special music between courses and at the close of the banquet.

Ave., played the part, as shown In the picture. Santa will come down the chimney, ' as Sate demonstrated, at No. 26, and 1 will appear at several other stations I when municipal parties are planned.

The ship s staff began serving luncheon and making preparations to serve dinner. The shores of the bay were plainly visible from the Leviathan's decks, as were tho clustering sky-scrapers of Manhattan, “so near and yet so tsr,” Eighteen tugs were standing by, puffing vainly ih their efforts to pull the big liner off the mud flat. It appeared likely the Leviathan would remain hard and fast shore until the tide approaches the flood, about 6 p. m. Capt. Herbert Hartley said it would be impossible for him to make a statement until he had reported to headquarters. The pilot. Joseph Blfcley, explained that it was a strong ebb from Kill Von Kull. that was responsible. Her position Is not dangerous. The Leviathan was arriving from Southampton with a heavy passenger list of Christmas’travelers, including John J. McGraw of the New York Giants. FIRE TRUCK JN CRASH William Miller, on City Apparatus, Injured. Fireman William Miller, 4127 Boulevard PI., suffered a sprained knee when Pumper Truck 14, from Thirtieth St. and Kenwood Ave., was struck by the automobile of William Besson Jr,. 34, living on the Alllsonvllle Pike, today. The truck was going east In Thirtieth St., and the auto south In Meridian St. Bosson said wet paving made him skid when hi. tiled to stop. Ho was released on his own recognizance. HOURLY TEMPERATURE 6 a. m 63 10 a. m 64 7 a. m 63 11 a. m 65 8 a. m 63 12 (noon) 65 9 a. m. 54 1 p. m 56

ail the patriotic civil, military and veterans’ societies in the country. The president of the republic, with his cabinet and hosts of school children, looked on. And as the flame was started by a bit of alcohol-dipped cotton on the tip of a sword, the troops stood at presentarms, officers at salute, civilians with their heads bared, and a signal, flaring from high on top of the great arch, commanded the city to pause for a minute of silence. Another signal told that it was over and the music struck up the “Marseillaise.” There was that about it which no one who saw it will ever forget. We should so honor our own Unknown. We should light a “flame of remembrance” above his tomb and such a ceremony should attend the kindling. If you like the idea, write to the editor of The Times. He will see to it that your letter goes to the proper authorities.

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

History of Whelchel Murder Case

Nov. 27: Mrs. Helen Hager Whelchel, 22, widow, 1854 Applegate St., is abducted from lowa and East Sts. Nov. 28: Mrs. Whelchel’s l>ody found between Big Four railroad tracks beneath High School Rd. bridge one mile north of Ben Davis. Dec. 2: John Thomas Shaw, 24, colored, 1418 E. Maryland St., arrested on charge of murdering Mrs. Whelchel, after her watch and diamond ring, missing since the murder, were found in a pawn shop and traced to Shaw. Dec. 3: Shaw taken to State prison at Michigan City for safekeeping. Dec. 7: Shaw Indicted by Marion County grand Jury. Dec. 12: Shaw returned to Indianapolis. Dec. 19: Trial op*M In Criminal Court, before Judge James A. Collins. Dec. 20: Jury completed. State brings out. through witnesses: That Mrs. Whelchel left the Lyric ballroom at 11 p. m. Nov. 27, aftor dancing for an hour. That as she left a Garfield Park car at lowa and East Sts., an automobile was stopped beside the car. That about this time Frank Oberting. 1729 S. East St., heard a voice he "thought” was Mrs. Whelchel's scream, and saw an automobile zigzag down the street. That there were evidences of a struggle at the corner of lowa and East Sts., where Mrs. Whelchel's hat and earring were found. That a pocketbook and a broken 'strand of Imitation pearls belonging to Mrs. Whelchel were found near the | High School Rd. bridge. That Mrs. Whelchel was killed by a l blunt Instrument before her body was | thrown from the bridge.

BED-TRIBE DEAL FALLS THROUGH Cincinnati Directors Vote Against Purchase. By Timm Special CINCINNATI, Dec. 21.—Cincinnati Post was informed today bya representative of the Cincinnati National League baseball club that the directors of the Reds had decided not to buy the Indianapolis franchise of the American Association, for which a deal had been pending. August Herrmann, president of the Reds, had recommended to the local directors that the Indianapolis team be purchased, but the directors voted against it at a meeting today. W. C. Smith, Jr., vice president of the Indianapolis Club, and Jack Hendricks, manager, were here today to discuss the proposed transaction. William C. Smith. Sr., president of the Indianapolis Baseball Club, announced today the team would not be sold and that immediate preparations would be made toward bolstering the playing roster for the 1924 season.. The Cincinnati offer was below Smith's terms and he refused to cut his price. ‘DIDN’T HEAR OR SEE IT’ Man, Struck at Street Corner, Puzzles Police. Police lftvestigated mysterious circumstances surrounding injuries of James Morton, 64, of 1322 S. Richland St., who was struck by a machine, It is thought, near Koehne and Washington Sts., where he was found by Letora Best, 1544 W. Washington St. “I did not hear or see a machine,” Morton told police.

Companions Tell of Movements Evenings Before and After Murder T*[\e net of circumstantial evidence against John Thomas Shaw, 24, colored, 1413 E. Maryland St., in his trial on a eharge of murdering Mrs. Helen Hager Whelcher, 22, of 1854 Applegate St., was drawn tighter today by Prosecutor "William H. Remy. It was the third day of the trial, before Judge James A. Collins in Criminal Court. Four members of a party in Indiana Ave., Nov. 27, the night of the murder, and the following night, were placed on the stand. That Shaw left Indiana Ave, “half drunk” shortly after 10 p. m. the night of the murder and reappeared the next evening with a watch and diamond ring identified as Mrs. Whelchel’s, was the substance of their testimony. John Johnson, 23, colored, 835 W Pratt St., testified that he was with Shaw the night of Nov. 21 and that Shaw left Archie Greathouse’s poolroom “half drunk.”

James (Apefaee) Kelley, 20, colored. 541 N. California St., positively identified Mrs. Whelchel' watch and ring, which are State exhibits, as the watch and ring which he tried to sell for Shaw In poolrooms in Indiana Ave. Nov. 28. Watch Is Identified Jerry Sykes, 23, colored, 818 N. West St., identified the watch on exhibit as the one Kelley gave him to pawn and said that he first saw It, along with the ring, In Shaw’s possession. Richard Garnett, colored, 401 W. Pratt St., testified that he was a member of the poolroom party the night of Nov. 27 and that the members of the party had been drinking mule. He also said that he saw Cora Lee Smith wearing a diamond ring in the Golden West case the next day and that Shaw said the ring was his and “worth a lot of money.” He testified that Shaw showed him the watch. Garnett identified the ring on exhibit as the one Cora Lee Smith was wearing Nov. 28, but said he was not sure about the watch. Prosecutor Remy intended to prove facts connecting Mrs. Whelchel's Jewelry with Shaw and to give Shaw's various explanations. The two former phases of the evidence detailed the abduction of Mrs. Whelchel the night of Nov. 27 and the finding of her body the next morning. “Do you know John Shaw?” Remy asked Kelley. Met One Year Ago “Yes,” was the r?ply. “I met him a year ago in a poolroom on Indiana Avd, where I was racking balls.” “On the night of Nov. 28, whose poolroom were you in 7” “A poolroom belonging to George Graham and ’Goosie’ Lee.” "Did you see' Shaw there?” "He came in with a little fellow named ‘Fred.’ I don't know his last name.’ ’ “What did he do?” , “He had some mule In a pop bottle.” "What’s that?” “Whisky, I guess.” “What did you do?” “I took, a drink. He took a drink. Fred took a drink.” ' What happened next?” “Shaw went out and got in his old Ford car.” "Did you ride In it that night?" "Yes, sir.” “What type of car was it?” “A touring car, front and back seat.” “Did you notice the lights that night?” One Light Burning “Yes. Only the left one was lit.” * “After Shaw went out to the car, what did he do?” 5 “He said to go inside the Washington Theater and call his girl friend out.” “Did you?” “Yes. I told the manager to call her.” “Who was at the car when you got back?”

"Shaw, John Johnson, 'Rich'—Richard Garnett.” "What then?” "Shaw called me over and showed me a ring with seven—eight little bitty whit© stones in It.” "I'll hand you State’s exhibit No. 4 (Mrs., Whelchel’s diamond ring) and ask you whether that is the same ring?” “Yes, sir, that's the ring.” W. S. Henry, one of the attorneys for the defense, objected to the introduction of the ring, because he said that Kelley had seen only once the ring Shaw had and could not Identify It. Judge James A. Collins overruled the objection. "What did you do then?” Remy contlnued. “Shaw asked me to sell the ring,” Kelley answered. "I went to the poolroom and tried. Then I went back and asked Shaw where did he get it, and if he stole it. He said, ‘No. it’s my sister's ring. You can’t tell nothin' about me.' Then he went across to ‘Joker’ Young’s place and tried to sell It. Then we went back to the car.” “What happened then?” Gave Ring to Woman "Cora Lee Smith came out of the Washington Theater and Shaw asked me for the ring. He put It on her finger. I heard her ask him where did he get that ring. I never heard his answer.” "What happened next?" "I came out of the poolroom and ‘Rich’ and Johnson, Shaw and I got In the automobile. Shaw shoved me a watch and asked me to sea what. J

Forecast MOSTLY cloudy tonight and Saturday, probably rain. Colder weather predicted Saturday afternoon.

TWO CENTS

could do with it—see what I could get for the watch. I carried the wa‘3h inside the poolroom and he came, in and got it. He said the watch was his sister's, too.” “What kind of watch was it, Kelley?" “It was a little, lady’s Elgin watch, fifteen Jewels. Had some kind of wilting on the back, but I don’t know what the -writing was.” “Is this the watch?” Remy showed Kelley Mrs. Whelchel's watch, which was Introduced In evidence Thursday. “Yes.” Kelley said. At this point, Attorney Henry again terted Kelley’s knowledge of the jewelry. “How can you tell this is the watch?” Henry asked the witness. “The crystal was broke out,” and the hands crooked,” Kelley replied. “The crystal is not broken out here, Is it?” “I had it put in.” “Who straightened the hands?” “Look at it. They’re still crooked, ain’t they?” “Are you sure this Is the watch?” “I said that is the watch.” Henry then objected to Introduction of the watch. The objection was overruled by Judge Collins. Remy then resumed questioning of Kelley. Hunted a Room “What did Shaw do after he gave you the vtatch?” the prosecutor asked. “He went to the Golden West; came back down and asked where I could get him a room,” the witness replied. “Cora Lee Smith was with him. I drove them to a place between Senate Ave. and Muskingum St., near the 900 block on N. West.” “Whenldid you next see Shaw?” “At the police station.” “Who had the watch when yoii left?” “I did. He told me to get a crystal put in and meet Jilm Thursday morning. I got the crystal put in at Sacks' and paid 35 cents for it I did not meet Shaw. I got the watch from Sacks' Friday. I gave it to Jerry Sykes. The next time I saw the watch the officers had it. Jerry pawned it.” “Were you there when he pawned it?” “No. Rut I wasn't far away. Jerry pawned it for $4. I gave him 50 cents. He said later he got another dollar.” “When did you get the watch from Shaw?” “Wednesday night. Nov. 28, about 10 o’clock. I saw the ring the same day.” • Grilled by Defense Attorney Henry subjected Kelley to a grilling'cross-examination. Despite the most severe questioning, he was unable to shake Kelley's testimony. What was regarded as a damaging (Continued on Page 10) KRAUSE SEES COLISEUMS Special Committee Head Returns From Tliirty-One-Day Tour in West. “I’ve come back literally loaded with tons of material showing benefits a coliseum would bring Indianapolis,” J. Edward Krause, chairman of the Indianapolis coliseum committee, declared today upon his return from a thirty-one-day investigation trip throughout the West. Krause visited Los Angeles, San Francisco, San Diego, Salt Lake City, Kansas City and other cities. A complete report of his trip will be made by Krause tp the committee next Wednesday at the Washington.

STUDENTS GIVE PROGRAM Shortridge Musicans Present Christmas Numbers. Shortridge High School students today presented a Christmas program Including the Boys’ and Girls’ Glee Club, directed by C. A. Palmer. Christmas carols were sung. A combined chorus, directed by Mrs. Jean McCormick, rendered selections. The Shortridge Cornet Quintet played a program of Christmas music. George Buck, principal awarded Miss Jane Messick first prize in the "Echo” Christmas cover contest. Manual High School carolers sang In downtown buildings, fpllowiag an annual custom. r, *