Indianapolis Times, Volume 36, Number 4, Indianapolis, Marion County, 15 May 1924 — Page 1

Home Edition WHAT do you want to know? Ask The Times Washington Bureau, 1322 New York Avenue, Washington.

VOLUME 36—NUMBER 4

MIDGE PARDON IS REVERSED Federal Court Upholds Landis and Says Grossman, .Chicago Saloonkeeper, Must Go to Jail on Sentence for Contempt. PRESIDENT NO RIGHT TO INTERFERE, SAYS COURT Ruling States Very Purpose of Judiciary Would Be Destroyed if Executive Can Pardon Offenders—First Decision of Its Kind. By United Press CHICAGO, May 15.—President Coolidge is not empowered to extend clemency to persons imprisoned for contempt of court, Federal Judges Carpenter and Wilkerson declared today in reversing the President’s pardon of Philip I. Grossman, Chicago .saloon keeper. Grossman was sentenctl to one year in jail in February, 1921, by former Federal Judge Landis on a charge of contempt of court for violating an injune ion to close his saloon. Efforts to secure the pardon for Grossman were started and brought before th late President Harding. Harding's death halted the proceedings Several months ago President Coolidge announced the pardon, and it then developed that Grossman had never served any of his jail sentence The Ruling, in Part The court stated, in part: “The question in this case has nothing to do with the propriety of a President s pardon, provided he had right to exercise executive clem ency. The court is concerned only with the organic powe- of the President to pardon litigants who have been punished for contempt. We have to decide whether a pardon once issued can avail a defendant to protect himself against the order of court. “The present situation is not relieved of embarrassment by the circumstances that the solution is not so vital to the executive as to the judiciary. Judiciary’s Existence at Stake “However, if the power thus to pardon is denied, it merely means a restriction upon the general powers of the executive. To allow such power in the executive is to strike a death blow at the independence of the judiciary. “The power to punish for contempt is inherent in and essential to the very existence of a judiciary. If the President is allowed to substitute his discretion for that of the court in this vital matter, then truly the President becomes the ultimate source of judicial authority. Such a holding would be a distortion of that card.nal principle of American institutions that the executive, legislative and judicial branches of the Government are co-ordinate and proudly independent. “We are of the opinion that under the Constitution the executive can net draw lo himself all of the real judicial powers of the nations by controlling the inherent and essentia] a tributes of that power—the authority to punish for disobedience of orders of the court.” After reading the decision, Judge Carpenter and Judge Wilkerson discussed the request of Grossman's attorney for extension of time for an appeal, and then denied it. Gross man was taken to the House of Correction to begin his year's sentence. The ruling of the court established a precedent as it is the first time in the history of the judiciary that such a decision ihas been handed down. Attorney Robert Milroy, representing Grossman, announced he would ask for a writ of habeas corpus, and seek again to bring the matter before the courts. As the ' United Strdes Supreme Court has already affirmed the sentence imposed by Judge Landis, it was indicated Milroy would find it impossible to re-open the matter. DIFFER AT WASHINGTON Officials Say President Should Have Right to Exercise Pardon. By United Press WASHINGTON, May 15.—Officials of the Department of Justice today differed with Federal Judges Wilkerson and Carpenter, who held President Coolidge had no right to pardon Philip Grossman, sentenced to prison for contempt of court. They said the President has an tindeniable right and should have it, to exercise clemency in such cases and pointed out that the prosecuting attorney in the Grossman case recommended clemency on the ground that the testimony against Grossman was of the doubtful character. Bank Head Arraigned By Unite's Press HUNTINGTON. Ind., May 15. Arthur C. Fast, head of the defunct Farmers Trust Company, is facing arraignment today on charges of making a loan of $1,500 to himself. He was Indicted with Carl W. Vickery, another officer, on nine counts.

The Indianapolis Times

Swears Off Father, Who Gave Skin to Save Burned Baby, Quits Bootlegging Decision Announced on Operating Table at City Hospital— He’s Happy.

T'jEN days must elapse before doctors can tell whether the I sacrifice of Harry Ice, 111 W. North St., will mean complete recovery of his daughter, Evelyn, 4, from third degree burns. But you can't convince Ice that Evelyn isn’t going to be up and romping in a few weeks. Meanwhile, Ice will occupy a bed in city hospital and make plans for the future. He has “sworn off” of the bootlegging business, which caused him to be a Federal prisoner in Marion County jail for five months. Ice "swore off” as he lay on the operating table after doctors had removed about fifty square inches of his skin and grafted it upon Evelyn's body. Evelyn was burned in January, when a match was lighted to aid in search for her doll, which had fallen behind a trunk. Her dress caught fire. Freedom Is Near The father was transferred to city hospital from the jail for the operation upon permit of Judge A. B. Anderson. His term will oe over by the time he recovers. In the waiting room outside the operating room Evelyn and her daddy lay on hospital cots and talked things over late Wednesday “Fifty inches today—but, gee it’s all right if it helps her." said Ice. “I’d let them cut off my leg if it would help her. ‘We’re having a big chat, aren’t we baby?” The little girl nodded. “Kiss daddy.” ’ Evelyn turned her lips sweetly toward him. “How are you. buddy?” “Aw right,” Evelyn's voice was weak. In the operating room Evelyn was put to sleep” and a local an esthetic administered to Ice’s leg Thought He Had Nerve Ice's hand trembled, but he smiled and remarked: “I’ve had my machine riddled with bullets whizzing around me and,l thought I had some nerve, but—pfh.vvsv this isn’t anything—just so it Halps her.” Twenty-five pieces of skin about an in&h and a half long were transferred They were placed in “islarids” about an inch apart. The operation over, Ice said: “W/tll, now I hope this helps her. It wasn't as bad as I thought. “I'll never haul any more whisky. I thought I had nerve." He watched closely as the physicians bound up Evelyn's wounds and smiled as the nurses wheeled her off to the children's ward.

PHYSICIAN’S FIN'D SUNDAY IMPROVED Evangelist Arrives Safely at! Rochester, B]> United Prefix ROCHESTER, Minn., May 15 “The condition of Billy Sunday is decidedly improved—more than hoped for,” his personal physician i said today after a consultation with specialists at Mayo clinic. The evangelist is resting at the Kahler Hotel and has not yet undergone an examination. Dr. R. L. Sanders, his physician, consulted with Dr. W. J. Mayo, Dr. W. F. Brasch and others, however, and gave them the details of his I case. He is known to be suffering j from kidney trouble. ‘FUGITIVE’ IS NABBED Wild Dash to Freedom Is Ended by Police. Chased by hundreds of people, a fugitive made a two-mile dash for liberty in \V. Washington St. today. Tttfe chase ended when the fugitive bumped his head into a Polar Ice and Fuel Company wagon. Police shot him. A horse belonging to Pando Sugareff. 546 W. Washington St., was the fugitive. The dash for liberty started at California St., when the horse, drawing a wagon, headed for the "open spaces” of western Indiana. It ended at Pershing Ave. Tribe of Ben-Hur Meets By United Press MUNCIE. Ind.. May 15.—The twenty-seventh annual convention of the Indiana Tribe of Ben-Hur will close here tonight with a banquet and dance. More than three hundred delegates are in attendance. It is probable the next meeting will go to Evansville. Officials Take Rest Joseph L. Hogue, city controller, and Mrs. Hogue .accompanied by Hogue's patents, will leave Saturday for a week’s stay at French L.ck. Martin Hyland, street commissioner, is there. Mayor Shank is planning to join them next week. HOURLY TEMPERATURE 6 a. m • • 47 10 a. m 54 7 a. m 48 11 a. m • • >4 8 a. m -50 12 moon) .... 5 9s . m.. 52 1 p. m >56

FENGLER IS INJURED AT SPEEDWAY Youthful Race Driver’s Mount Crashes on Turn — Hurt on Head and BodyWithdrawal of Car May Be Necessary, THIRD ACCIDENT OE THIS YEAR ON COURSE Victim Taken to St, Vincent Hospital—Home Is in Los Angeles, Cal, Smashup Occurs on North End of Big Oval, Harlan Fengler, “boy speed king,” figured in a smashup at the Indianapolis Motor Speedway today that may force his withdrawal from the 500-mile race May 30. Fengler was driving a Wade Special in practice, and while speeding in the north turn something went wrong with t.ie-.car and it plunged into the retaining wall. The driver was hurried to St. Vincent Hospital. Fengler’s escape was miraculous, it was said at the hospital. His left side and elbow were badly burned when he slid along the track beneath the car. He has a bad cut over the left eye. The injuries are not serious. 9 engier is 23 years old and his home :s in Los Angeles. He formerly IHed in Chicago. Fenglcr’s car was damaged to such an extent mecnanics were unable to

* , |\ - s

HARLAN FENGLER state if it could be repaired for the race. The youthful driver has been one of the favorites in the speed classic. He has gained much fame for daring driving and holds the speed record for 250 miles. Fengler’s accident is the third to occur during the practice period at the Speedway this month. L. F. Moran and Ramsen. the Dane from Copenhagen, were injured in the other smashups. DRIVER IS HELP 10 GRAND JURY Coroner Recommends Action on Fatal Accident, Marian Peters, Apartment 19, of 1124 Broadway, was bound over to the grand jury today in city court on SSOO bond on charge of failre to stop at a preferential street and manslaughter today on recommendation of Coroner Paul F. Robinson. Mrs. Jennie Anderson, 70, of 1631 Cruft St., was fatally injured when an auto in which she was riding collided with one driven by Peters at Michigan and Cruft Sts. several weeks ago. Police said Peters did not stop before turning onto Michigan St. Those in fatal accidents as a result. of carelessness or violation of the law, according to Coroner Robinson, will be bound over to the grand jury hereafter. Joyriders will cause man yfatal accidents. Robinson says, unless speeding and careless driving are checked.

Don’t Expect Too Much of May, Advises Weather Man

r--|ON>T expect too muyh of I) I May is the advice of J. H. I I Armington. Weather Bureau head. May isn’t so much a month of i flowers, warmth and straw hats. ! Its more a month of combat —combat between new-born spring and receding winter, he says. And the thermometer bore hint out, even though this is Straw Hat dy. when the annual outburst of summer haberdashery is supposed to occur. It was 11 de-

INDIANAPOLIS, THURSDAY, MAY 15, 1924

Bunny and Puppy Groomed by Little Girls as Entries in Public Library Pet Parade May 24

MISS SAXON SHOW ALTER (L EFT) AND MISS MARY HELEN TAYLOR (RIGHT).

jmGrllSS SAXON SHOWALTER. j JVII daughter of Mr. and Mrs ——J L. W. Showalter, 1921 Ruckle St., has entered her bunny, “Nibbles,” in the Pet Parade sos tered by the Indianapolis Public

MS MAN WHO GAVE HEART 10 WIFEIYEARS AGO Illinois Farmer Barricades Self After Killing—Confesses in Jail, By United Press BELLEVILLE. 111.., May 15 Jacob Ott, 45. farmer and father of eight children, in jail here today, told Sheriff Martin Schnipper he shot and killed Henry Baer, wealthy thrasherroan of New Athens, eight miles south of here, because of attention paid to his wife by Baer fifteen years ago, and recently renewed. While his 11-year-old son Willard drove the automobile past Baer’s home yesterday, Ott fired a shotgun propped on the back seat at Bner, who was picking dandelions. The charge entered Baer's neck, killing him instantly. Ott then !led to his home pursued by St Clair County authorities. He barricaded himself inside and fired upon a posse of more than iOO which surrounded the place. slightly wounding two volunteer possemen. The posse dared not return his fire because of Ott's children in the building. After a two-hour siege, two brothers prevailed upon Ott to surrender, and he was brought here to jail for questioning. CONVICTED GARY APPEAL UP Indianapolis Attorneys Appear Before Chicago Court, Bit Tin<es Special CHICAGO. May 15. —Attorneys for former Mayor Roswell O. Johnson of Gary, Ind., former chief of police of Gary, and the 38 others convicted with them In Indianapolis in 1922 in connection with violation of the Federal dry act., are scheduled to appear in Federal Court this afternoon in an effort to secure an appeal from the decision of the Indianapolis vmrt. All the uefendants were convicted in United States District Court in Indianapolis. Attorney C. B. Tinkham of Indianapolis and other defense lawyers will make their appeal to Federal Judges Evans, Alschuler and Page, sitting en banc. Homer Elliott, district attorney, of Indianapolis, is here to argue against granting the appeal.

grees cooler tpan normal when the mercury registered 48 degrees at 7 a. m. Memory is an erratic thing, according to Armington. There are some warm Mays and the month has come to be too closely associated with flowers and blossoms, he says. That makes people forget the damp, discomfortable years. To prove It all he quotes records.

Library for May 24. Saxon thinks “Nibbles" is the cutest rabbit ever and is him strong to win a prize. Miss Mary Helen Taylor, 7. daughter of Mr. and Mrs. J. A.

BREATHES GAS FUMES Small Son of Elmer Johnfaune Found Unconscious. Elmer Johnfaune, 5-year-old son of Mr and Mrs. Andrew Johnfaune, 1016 Harrison St., Is in a serious condition as result of breathing gas fumes from a hot water heater. He was found unconscious m the bathroom of the home eariy today. FEAR OF FIRE IS FATAL TOWOMAN Flames Shoot Out of Stove —Death Results, Fright, due to her fear of fire, caused the death of Mrs. Rosa Cox, 23, wife of Emmett Cox, 1205 Bacon St., Coroner Paul F. Robinson announced today. Mrs. Cox died of heart trouble Wednesday night at her home. As she removed the lid of the kitchen stove to put coal on the fire, flames shot out, coroner's investigation showed Mrs. Cox had always feared fire, her husband told the coroner. Surviving her are two daghters. Rose Mary. 4. and Anna, 3 months. TWO ARE HURT IN CRASHiNTO GREEK Traction Work Train Plunges Off Bridge, By United Press KOKOMO, Ind., May 15.—A work train on the Union Traction Company lines broke through a bridge over Deer Creek, north of this city, early today ana plunged twenty-five feet to the creek bed below. Two workmen were injured. They were given medical attention at Lincoln, near the scene of the accident. The (.rain carried a heavy pile driver and crane, the weight of which is believed to have caused the accident. Members of the crew jumped. Damage is estimated at thousands of dollars. Speakers Are Chosen Prominent speakers have been selected for the program of the Indiana school for religious education Stat econvention at Michigan C'ty, June 24-26. Hoosiers on the program include Dr. William Lowe Bryan, president of Indiana University; Dr. Edward R. Bartlett of De Pauw University; Dr. Frank McKibben, and Albert E. Monger of South Bend, Harry G. Rowe of Warren.

This isn’t a very cool May, even though eo far this month the daily temperatures have shown a total of 36 degrees below normal, an average of 3 degrees a day. Five Mays in the past ten years have been cooler than this one. Last year at this time daily temperatures of the month were 43 degrees behind normal *nd in 1917 they were 178 degrees 'behind. Cloudy, damp atmospheric ctm-

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

Taylor, 919 N. Meridian St., says “Blow-Out," her brown puppy, will carry off a prize in the same manner he posed for this picture. “Blow-Out" Is highly pleased with his ycung mistress, too.

lAP EXCLUSION 10LY1 IS VOTED; REPORTEXCEPTED House Approves Conference Action 308 to 58—Now Goes to Senate, By United Press WASHINGTON. May 15—By a vote of 3C*S to SS, the House approved the immigration bill conference report, making Japenese exclusion effective July 1 and restricting general Immigration to approximately 150,000. Administration leaders in the House who opposed the July 1 date last week when the report was sent back to conference, supported it today after announcing that a vote for the report was not to be regarded as a vote against the President. The conference report now goes to the Senate, which is expected to accept it tomorrow, whereupon the measure will go to the President for action. President Coolidge has accepted defeat of his efforts to modify the exclusion clause in the bill by negotiations with congressional leaders and a veto of the whole measure is seriously being considered, it was indicated ta the White House today. Word was said to have reached the President that his conference with House leaders yesterday, when Secretary Hughes explained to them the serious diplomatic consequences of passing the exclusion provision in its presen: form, had not swerved them from support of the July 1 effective date. The conference report on the bill is to come up in the House today. CITY WATER BILL IS {20,000 HIGHER New Rate Boosts Charges About One-Third, Up goes the city water bill! A statement received at the city hall today “dunned” 1 the city $83,059.94 for water during the first three months of 1924. This is approximately $20,000 more than last year. Os the amount, nearly $78,000 was for fire protection. Taylor E. Groninger, corporation counsel, and Benjamin Perk, utility consultant, are studying the bill. Groninger estimates the eity will pay $320,000 for water this year, compared to $240,000 in 1923.

ditions have added to the discomfort this year, Armiugton says, although rainfall this month is now .44 below the averageContinued cool weather was predicted for tonight at the weather bureau, but for tomorrow “fair with rising temperature.” Few straws were seen on the downtown streets today, but dealers didn’t seem to mind. Straw hat weather is coming, they say. Be prepared.

GLADYS ELLIS BREAKS DOWN TWICE ON STAND TELLING MURDER STORY Asked by Prosecutor to Tell What Happened Night Prison Matron Died, Defendant Shrieks: “Oh, God! I Can’t Do It.” GIRL SLAYER SINKS IN CHAIR AND THROWS ARMS OVER HEAD Judge Collins Adjourns Court Until Witness Regains Composure—Case May Go to Jury Late Today or Early Friday. Gladys Ellis, 21, inmate of the Indiana Woman’s Prison, on trial in Criminal Court on a murder t barge, collapsed twice on the witness stand today. After the second breakdown Judge James A. Colling, adjourned court until 2 p. m. Miss Ellis collapsed on direct examination when her counsel had her describe the night of Feb. 25, when she bound Miss Louise Richards, <O, prison matron-teacher, and escaped with Miss Richards’ money and keys. The teacher-matron was found dead in bed with a fractured skull next morning. ‘'Now just tell the jury in your own way what happened when you and Miss Richards were struggling on the bed,” Prosecutor W illiam H. Remy said on cross-examination.

“Oh God: I can’t do it!" shrieked the defendant, throwing her arms over her head and sinking back as though fainting. Assisted From Stand Judge Collins glanced at the clock. It was 11:45. "Sheriff, you and the matron assist her into the back room,” he told Sheriff George Snider. “Gentlemen of the Jury, we will adjourn for lunch until’ 2 p. m. A recess was necessary after the first collapse, when Gladys broke into sobs, and had to be supported as she walked from the stand. The girl spoke in a jerky fashion. She resembled a person with a nervous chill while on the stand She drank several glasses of water, and answered the questions in a rational manner. The defense is relying on a special plea of Insanity. It has introduced evidence to show two uncles were in insane asylums, that her mother committed suicide, that she and her father were afflicted with a social disease, and that she has been surrounded by improper influences since birth. Escapes Recalled Prosecutor Remy asked the girl if she did not escape from the Julia Work School for Girls eleven times in five years. “Only four times is all I remember,” was the reply. “I’ll ask you if you did not assault a blind girl at the time of one escape?” "Object! Object!” shouted defense attorneys, who put in most of their time interposing objections. Objection sustained. Remy questioned the about her various paroles and returns to the Indiana Woman’s Prison, the last being Jan. 25, 1924, when she was arrested while on parole from a forgery sentence. “You escaped from the Woman’s Prison in 1919 by breaking the bars and making a rope of blankets?” “Yes! Sir! I did!” replied the witness emphatically. “You had friends in the woman’s prison?” Miss Richards Was Friend “Yes! Sir; I Did! Miss Richards was very kind to me,” replied the girl with a sob. Prosecutor Remy asked her about the iron cage at the prison in which she was confined. The girl had said | she was locked in it and had to sleep in her clothes, the room was so cold. She said she was locked there two weeks, and only given two magazines to read. “You say you were locked in the cage two weeks?” asked Remy. Objections of her attorneys a.nd the subsequent wrangle was finally settled by overruling the objections. "Read the question, please,” said the defendant, who followed the legal points closely. The girl then admitted she was let out in the hall for exercise. Hid Behind Dresser In describing the escape the girl said; “I was sitting on the floor behind the dresser in Miss Richards’ room. She turned out the light and went to bed. I got up and 3tumbled ove • a chair, and she woke up. I put m‘) hand over her mouth after eh: screamed. Then I stuffed a handker chief in her mouth. She struggle! and hit me with her flashlight.” “She was a larger woman than you, I suppose.” asked Remy. “Miss Richards would come about to my shoulder,” said the defendant, who is about 5 fee! 5 inches tall, weighing about 126 pounds. “Then I tied her with strips of cloth. She had one hand free ” “Yes, yes. go on, tell the jury just what hapened then,” urged Remy. “Oh God! I can’t do it,” cried the girl,” Spectators Limited The case is expected to go to the Jury late today or early Friday.

Forecast PARTLY cloudy and continued cool tonight in this vicinity. Friday fair with rising temperature.

TWO CENTS

I spectate s were not so numerous toj day, as Judge Collins admitted only a limited number, the rest thronging the hall. The trial has dragged along three days, with the defendant rocking nervously in her chair, biting her | fingernails. Tuesday defense wit* nesses wove a sordid story of the j background that produced Gladys—- | p i sons, a drunken father, a mother who ran away with another man, ; later killing herself; poverty, hereditary disease contracted by the :’aj ther three years before his daugh- ! ter's birth, which she inherited; a I maternal great uncle dying in an | Ohio insane asylum and a paternal j great uncle once confined in the Cen tral Hospital for the Insane. Father Testifies Much of the testimony for the defense was introduced through tha girl's father, who readily admitted all in an effort to save his daughter from the penalties, of her act. By it the defense expects to prove the blow that fractured Miss Richard's temple was the act of an unsound mind. Dr. Max A. Bahr, head of the Central Indiana Hospital for the Insane, said that in his opinion Gladys was “very nervous and irresponsible,” because of her early environment and hereditary handicaps. Twenty per cent of insanity is caused by the social disease Gladys inherited, he said. Hypothetical Question Prosecutor William H. Remy I asked Dr. Bahr the following hypo- | thetical question in an attempt to ! show the mother’s suicide was not j caused by insanity: “Doctor, if a woman ran off with | another man, if she were traced by j her husband and confronted by him, | and if she would then commit j suicide, wouldn’t that be the motive rather than insanity?” “It might be,” answered the insanity q^pert. “Well, insane persons have no motive for suicide, have they?” insisted Remy. “Oil, yes! Every insane suicide is caused by a motive. A voice' in the air may tell the victim to kill himself.” Remy then propounded another | long question, involving the history I of the murder, showing how Gladys planned the escape, bobbing her hair, arranging a dummy in her own bed, and lying in wait until the victim retired to obtain the teacher’s money and keys. “Doctor, anyone capable of such cunning plans and execution could not be of unsound mind, could she?” asked Remy. “I have seen insane persons confined who possessed extraordinary cunning at planning more elaborate escapes than that,” was the reply.

COOLIDGE VETOES SOLDIER BONUS I President Sends Bill Back to Congress, By United Press WASHINGTON. May 15.—President Coolidge today vetoed the soldier bonus insurance bill on the \ ground that the measure would prove too great a draiil on the Nstlon’s finances.