Indianapolis Times, Volume 36, Number 67, Indianapolis, Marion County, 26 July 1924 — Page 1

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VOLUME 36—NUMBER 67

INTIMIDATION IS CHARGED BV BARROW t Attorney for Leopold and Loeb Cross Examines Police Sergeant in Effort to Break State’s Chain of Evidence, HEARING ADJOURNED ALTER BRIEF SESSION Witness Denies He Made Up Statement About 'Friendly Judge,’ Accredited to Leopold Admits Reference to Court Not in Notes By United Press CRIMINAL COURT ROOM. CHI CAGO, July 26—Charges of “attempted intimidation of Justice John R. Caverly” by a State witness, was made today by Chief Ddefense Attorney Clarence Darrow at the judicial he4ring of Richard Loeb and Nathan Leopold for the murder of Robert Franks. After more than an hour of merciless cross-examination of Police Sergeant James J. Portland, Darrow suddenly shot at him this question: "Don’t you know that this story of yours of a friendly judge is a pure fabrication given for the purpose of Intimidating this court?" "No, it is not,” Gortland replied. During his testimony Friday. Gortland declared that during one of his conversations with Leopold, the defendant had said he felt if he was brought before a friendly judge he would get off with life imprisonment. The examination of Gortland by the defense represents the first serious effort to break a link in the ■fate’s chain of evidence. Officer Quizzed With his leonine head hanging forward on stooped shoulders, Darnow pounded at Gortland’s testimony. Again and again he .took the officer over the ground covered in his investigation and brought out the fact that considerable of the testimony he gave had not been written down at the time of the conversation, but had been dug from his memory. Darrow demanded Gortland’s official report and found it did not contain a reference to “a friendly judge.” Darrow also brought out that not until two days ago had Gortland mentioned this phase of Nathan’s alleged remark to State’s Atttorney Cfowe. Gortland said, however, he had mentioned the eincident to fellow officers and newspaper reporters. Gortland admitted he did not write down the incident at time of the alleged occurrence, but made a notation on it later from memory. Attorney Darrow for the defense was asked after adjournment whether he intended to put Loeb and Leopold, or either of them, on the stand to controvert Sergeant Gortlaind’s testimony regarding the “friendly judge” conversation. Darrow replied: “I certainly have no such intentions.” The court recessed at 11:55 until Monday at 10 a. m. Monday, Prosecutor Crowe is expected to submit the two signed confessions of the murderers and before closing hie case will call sew eral alienists to testify that Leopold and Loeb are sane, rational and responsible. 4 Slayers Won’t Testify It has been definitely decided to keep Leopold, and Loeb off the stand, it was revealed to the United Press today. Unless an unexpected situation develops—and this is held as Wry unlikely—Darrow, chief of the (Ttjrn to Page 11) HOURLY TEMPERATURE 6 a. m 63 10 a. m 74 7 a. m G 5 11 a. m 76 8 a. m 70 12 (noon) 7 7 9 a. m 73 1 p. m 80

Mr. Fixit Is on the Job Let Mr. Fixit get service for yop at city hall. He’s an enterprising man whose job it is to see that Indianapolis citizens are well taken care of by the city fathers. * Fixit knows all the city employes from Mayor Shank on down to the street cleaners and they all are more than willing to assist him and you. You tell Mr. Fixit your difficulties with the sewage, street lights, park conditions, streets, or anything else witnin the scope of the city hall workers ans he’ll endeavor to get action for you. 1 He’s been appointed the official go-between for the city hall and citizens of Indianapolis. However, he will take care of reasonable requests only. Anyone who hopes through Mr. Fixit to get a speeder out of a fine or get his street paved for nothing, should not try to get him to work. If your request is reasonable, just write it in to Mr. Fixit, care of The Indianapolis Times. This is anew service for Indianapolis-Times readers. Why not take advantage of it!,

The Indianapolis Times

Where’s Our Boulevard? South Siders Ask

Paid Their Assessments Years Ago, but Weeds Old Houses Still Mar View

Here’s how the south side obtainr a “boulevard.’’ Residents along Pleasant Run from Shelby to Prospect Sts., pa* thousands of dollars in assessments —the city acquires condemned property and then rents it, weeds grow five feet high on city property and trash piles double in size. And the south side waits!

SHANK APPROVES CENT ADDITIONAL ON CITYBUDGET Now in Final Form to to Be Submitted to Council Aug, 4, Maypr Shank today put the final tdffclies on the 1925 city tax levy making an addition of 1 cent to the rate reached a week ago, when hi slashed the levy from $1,236 to $1,045. The rate now will be $1,055 on"’each SIOO of taxable property. Joseph L. Hogue, city controller, has the budget in fi(jal form to submit to the council Aug. 4. the next meeting. Only a levy of sl.Ol will be submitted for the city, the park board certifying the 4.5-cent sinking fund direct to the county auditor. “If the departments want any more, they’ll have to go to court or have the council pass it,” said the mayor. The council has 1 no power to increase levies, but members of the sanitary board will ask councllmen for an added revenue, attorneys holding that separate State statutes cover htat department. The levies in final form, compared to the 1924 rate, follows: 1924 1925 General city purposes ... $ 60 $ .58 City sinking fund 08 .07 Police pension .008 .005 Firemen pension 008 .005 School health .015 .01 Park general 075 .07 Park district bond fund. . .0225 .045 Recreation fund 015 .015 Track elevation -005 .005 Tuberculosis 01 .005 Sanitation maintenance . . .055 .055 Sanitation bond fund 04 .04 Board of health 10 .09 Wolrd War memorial bond fund .015 .015 Thoroughfare plan fund. . .015 .005 Street resurfacing 02 .03 Flood prevention .01 $1 0875 $1,055 GOVERNMENT FILES SUIT Allege* Pennsylvania Railroad Violated Safety Appliance Act. Suit for SIOO for violation of the safety appliance act >as filed by the United States against the Pennsylvania railroad In Federal Court today. 4 Action was brought oy Homer Elliott. United States district attorney, at the request of the Interstae Commerce Commission. Commission alleged the railroad operated a train’between Bethevan, Ind., and City, Ind., with none of the cars in the train having brakes operated by the engineer. #

Meanwhile Frank Cooper, 1316 S. Keystone Ave., is one of a number of citizens who spends a lot of his spare time cutting the city's weeds and trying to clean up trash piles. For this privilege of cutting weeds previous owners of ’Cooper’s property paid S3O assessment a year ago. Cooper lives within 100 feet of the proposed boulevard along both banks of Pleasant Run. Cooper recalled, as he mowed the city property, that the street commissioner, several weeks ago. warned property owners that unless they cut the weeds on private property the city would cut them and charge "#-3 a lot. Weed Fire Is Feared “Charity begins at home," Cooper reflected. He said he was cutting the weeds on the city ground next to his home because he feared they would catch fire and the flames spread to his house. Residents on Orange St. between State Ave. and Randolph St., have another story. There Pleasant Run flows through weeds and trash just south of Or-inge St. Houses or) the south side of the street shown In the picture on the right have been purchased by the (Turn to Page 11) PLAYS DIFFERENT ROLE Bosson, Tax Fighter, to Be on City's Side Now. When the 1925 city tax levies go to the State tax board for flnaj approval, William Bosson, newly appointed city attorney, will play a different role at the hearing. Bosson, who has been figuring prominently In behalf of taxpayers for reduced taxes, must now appear In behalf of the city, advocating the new rate. But city officials believe Bosson will argue Just as long for the city as he did against it in former years. Especially when the rate is below 1924 and 1923 levies. ANOTHER TROLLEY PANIC Woman Fatally Hurt in Rush When Fuse Blows. Bu United Pern* MUNCIE, Ind., July 26.—Mrs. Sibble Biglow, 73, fatally injured and Mrs. Emma Benhy. Mrs. yyrtle Breeding and Mrs. Blanche Longshore were hurt seriously when they jumped f,-om a crowded street car her* this morning during a panic caused by the blowing oqt of a fuse on the car. Mrs. Biglow was thrown violently to the brick pavement and she died a few moments later from Internal injuries.

MINE EXPLOSION KILLSTEN MEN Bodies Recovered —Cause of Blast Undetermined, By United Press GATES, Pa., rfuly 2*.—Ten mlrters were killed in an Explosion at th<% Gates Mine of the H. C. Frick Coal Company, Friday night. The bodies were recovered today. Cause of the explosion has not been determined. One hundred and ■twenty men were in the min-'at the ume of the explosion. An explosion occurred at the same mine in' 1922 and twenty-five m&n were killed * i Building Materials Missing Clifford Williams, building contractor, 602%. F. Wild Bank Bldg., reported to police today that sime one had carried away building materials from houses which he' is crecUng at Palmer and- Minnesota Sts. * He (Hid some of the material load' keen graced to nearby houses. Police are investigating. *

ENDIAN A POLIS, SATURDAY, JULY, 26,1924

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ABOVE, FRANK COOPER CUTTING CITY'S WEEDS AND VIEW ALONG PLEASANT RUN BOULEVARD SITE. BELOW, (LEFT) NORTH SIDE OF ORANGE ST.. BETWEEN RANDOLPH ST. AND STATE AVE-. (RIGHT). gOUTH SIDE OF SAME STREET.

FINAL FAIR PLANS Slate Loard of Agriculture Will Perfect Program. Final plans for the Indiana State fair, in September, will be perfected by the State board of agriculture Tuesday and Wednesday. The meeting will be thg last before the fair. E. J. Barker Is president. WOMAN WINS RELEASE Judge Holds Time for Sentence Had Ex piled. Katie Milton, who has been serving a 120-day sentence In the In diana Woman s prison, was ordered released on a writ of habeas corpus by Judge Theophllus J. Moll in Superior Court Five today. The contentloukof Lawrence Shaw, her attorney, that she had been sent to prison on a sentence that had been suspended, after the expiration of the- time of the sentence was sustained. The law provides that a suspended sentence can not be enforced after the length of time for which It. was given has passed. STRATHWIANN MAY LOSE HIS LIQUOR % Judge Appears Reluctant to Grant Order, Confiscation and destruction of more than 700 gallons of wine and a large quantity of beer found at the home of Edward C. Strathman, 4220 Central Ave., contractor, by police In a raid last year, was ordered by John W. special Judge in Criminal Court, today. Holtzman appeared reluctant to grant the order asked by William H. Remy, prosecutor. % “I will grant it If you insist,” he said, "but it is reversible error, I believe.” ; “I will risk it.” Remy answered, and the order was issued. Frank A. Symmes, attorney for Strathmann, immediately filed a motlojn for anew trial, which was overruled. Appeal bond was fixed at $1,0(0. Strathmann was found guilty of violating prohibition laws by Holtzman several days ago and was fined $250. . V RUMOR,TIIDE YOUR HEAD liuigltng Circus to Come Here Next Month. It’s coming to town. What? The big circus. Townsend Walsh, representative of Ringling Brothers and Barnum & Bailey Circus, was in Indianapolis today making arrangements for his big troupe to play in Indianapolis'! AUg. 26. This pyts at rest a humor that the circus would not be here this year, Indianapolis Is still on (he circus map. MRS. KAERCHER DIES Succumbs to Injuries Sustained in Fall Friday. Mrs. Elnora Kaercher, 70, of 225 W. Thirty-First St., died at St. Vincent’s Hospital this morning from injuries sustained Friday, when she fell i wenty feet from a second-story porch. According to witnesses, Mrs. Kaevcher was shaking some mats and a railing gave way.

GRAND* 10 PROBE HIGHWAY GARAGE REPORT Remy Starts Work Immediately Upon Request of Governor Branch, The Marion County grand jury will be held through the summer and will make a thorough investigation of Irregularities said to have existed in the State garage of the Statte highway commission. William H. Remy, prosecuor, announced today. Remy asked Charles S. Wiltsle. Judge pro tem., to hold the grand jury, which was to have been discharged today, in session to take up the Investigation. Juryman Agrees Wiltsle explained that fie ceased to be Judge pro tern, today, and Frank A. Symmes would succeed him Monday and that the question should be taken up with Symmes next week. However, he said he had talked with R. L. Dorsey, foreman of the Jury, and Dorsey had stated the jury was willing to remain in session for three days next wee)t at Jysnst. Symmes will be called Upon to take up the matter early In the week. The statement was given out after Remy received a letter from Governor Branch askfhg the Inquiry. The Governor sent the letter to Remy late Friday after a conference with members of the State (-highway commission. “Going to the Bottom” “We are going to do everything the Governor has asked,” Remy said. “We will make every effort to get at the bottom of the affair and will make a most thorough, searching and exhaustive Investigation. (Turn to Page 11) GRAND TuRY REPORTS Second Degree Murder Charged in One Indictment. % Twelve Indictments against eight defendants were returned by the county gran djury today. John Plckenpack, alias John Gollman, was charged with second-de-gree murder. He is said to have shot Henry Williams, colored, on June 13. Charles Smith was named In indictments charging burglary and petit larceny. William C. Rutherford, president of the Indiana Bond and Mortgage Company, was charged with issuing a fraudulent check on the company for $228. Robert McLemore was indicted on charges of grand larceny and issuing a fraudulent check. gyrcT club to - picnic Program Arranged at Clucken Dinner Place Wednesday. Members of the Gyro Club will spend the afternoon and* evening at Ibaga’s Country Dinner place Wednesday, according to notice sent out today. Program calls for athletic events in the afternoon for the men and bridge for the women. Dancing in the evening. Committee in charge: Roy Gault Winston Rambo, Hugh O Connor and Ells Glass. Wives oi these men will act as the ladies’ committee.

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

MANUAL HIGH REUNION Graduates From 1901 to 1909 .Are Invited. Plans for a picnic of Manual Training High School alumni from 1904 to 1909 at Garfield Park, Aug. 2, were announced today by Effie Fowler Carter, 624-5 Merchants Bank Bldg. Postcards are being sent to all alumni whose addresses are known. Those who do not receive cards are urged to come anyway. A permanent organization hasbeen suggested. Frederick E. Sohortemeler, secretary to Governor Emmett F. Branch, will speak. CHiJ_D BITTEN BY DOG Police Watch Animal for Possible Signs of Rabies. Police today were watching a dog owned by F. B. McCullough. 2539 Park Ave., for possible signs of rabies. The animal, police were told, bit Agnes Kaleen, 12, of 2444 Park Ave., Friday night. Her injuries were not serious. * MARINE BAND WILL PLAY HERE Murat Temple to Bring 'President’s Own’ to City, Charles J. Orbison, potenate of Murat Temple, announced today contracts had been signed for the appearance In Indianapolis of the United States MaHne Band, under the auspices of Murat Temple. Concerts will be given at Cadle tabernacle the afternoon and evening of Oct. 31. it was stated. The afternoon concert, Orbison said, will he devoted mainly to school children. “Every youngster loves a band,” he said. The band is still under the direction of Capt. William E. Santelman and comprises fifty-five musicians, many of whom are soloists. This will be the first visit of the famous band to Indianapolis in many years. Indianapolis will be the farthest point West on its tour, it was stated. The concerts will be for the benefit of the Murat Temple pilgrimage fund,, it was anounced. WARMER WEATHER HERE Increase in Temperatures Over Friday Noted. Slight increase in temperature over Friday was noted today, with warmer weather forecast for Sunday. Sunday will be generally fair, the weather bureau predicted, Temperature this morning at 6 o'clock was 63; at 9 it was 73. Shortly after noon the thermometer reached 86. BREEZE CUTS BAPTISM While Bands Play, 470 Immersed in Swimming Pool. By United Press COLUMBUS, Ohio,-July 26.—While a band played “Oh, Happy Day” at the water’s edge and a jazz orchestra kept dancers on the move In a pavilion nearby, 470 International Bible Students were baptised by immersion in the swimming poo) of Indianola Amusement Park this afternoon. A cool breeze sweeping across the freshly filled pool reduced the number of candidates. Plans had been made to baptise 700. Seventeen pastors were at work in the water immersing candidate*

UNION TRACTION COMPANY ORDERED BY COMMISSION TO TRAIN ITS EMPLOYES State Holds Utility to Blame in Shank’s Siding Wreck in Which Passenger Car Slid Down Grade Into Stalled Freight. CLASSES IN RULE OBSERVANCE MUST BE HELD, MANDATE SAYS Violations of Several Regulations Are Cited—Weed Cutting Along Track Is Directed —Failure to Place Torpedoes Mentioned. The Union Traction Company today was mandated by the public service commission to institute a school of instruction for all employes engaged in train service, classes to be held regularly until all employes who take part in handling any trains are duly instructed as to a uniform construction and application of the rules. The order was made upon a report of D. E. Matthews, commission investigator, on the wreck at Shank’s Siding, seven miles east of Indianapolis, June 12, in which one passenger lost an arm and two employes were injured.

The company was he|fi entirely responsible for the accident in allowing grass and weeds to grow up along the rails, which allowed a passenger car to slide down a grade and crash Into a freight car at the bottom, which had been unable to back Into a switch because of broken brake rigging. It also held the company responsible in that the direct cause of the accident, according to the report, was violation of Rule 172. The rule requires that when a train stops and another is to arrive before the immobile train can get on to a switch, the gagman must go 2,000 feet away from his train with lighted fuse or flag and also must place a torpedo at the spot and another not more than 200 nor less than 100 feet from the first torpedo. The report says the rule had not : been complied with, the flagman advancing up the track only 1,100 feet and that no torpedos were placed. ' Car Twenty Years Old The report shows there is no automatic signal protection on the line. The passenger car was wooden and had been in use twenty years. One passenger In the large compartment was not injured. Charles Vernon, Maxwell. Ind., in the smoker lost an arm. The report says: “The commission Is of the opinion that had the smoking compartment been well filled with passengers, there would have been many serious injuries and perhaps loss of life.” The report declares the freight car plowed into the frame of the passenger car eight feet. The freight train stopped at Shank siding, the crew called the dispatcher and -were told that the passenger was on time. The dispatcher also w T as notified that the brake rigBANDITS GRAB $2,400 Holdup Cashier of Chicago Automobile Supply Firm By United Press CHICAGO, July 26. —Two bandits today held up Jacob Weisberg, cashier of the Gelman & Company automobile supply firm, and escaped with $2,400, which Weisberg had just drawn from the bank. The robbers fired two shots at their victim when he resisted, but neither took effect. WHEAT RISES TO higher™ Advance of 2 1-2 Cents a Bushel Made, By Times Special CHICAGO. July 26.—Wheat advanced to new high levels on the crop at today's session of the Board of Trade. Advances of from to 2 % cents a bushel were made. July wheat was quoted at $1.36t& a bushel. September moved up to $1.35%. December wheat was quoted at $1.38. The price advance, traders sav, was merely emphasis on the acute shortage of bread grains and realization of foreigners that recessions , In values cannot be expected. Strength In wheat carried corn from '% to 1% cents higher. July corn brought* $1.09% a bushel. September corn was quoted at $1.06. i | Kokomo Man Bankrupt A voluntary petition In bankruptcy was filed In Federal Court today by David S. Murphy, dealer in office suppjies at Kokomo, Ind. His debts were listed at $4,455.42 and his assets, consisting chiefly of household furniture, were $682.85, according to the schedule filed.

Forecast Generally fair forecast for today and probably Sunday. Warmer weather anticipated Sunday.

TWO CENTS

ging was dragging. Repairs were necessary before the freight could back into the siding to allow the passenger to pass. They could not be made before the passenger would arrive. Eight minutes before the passenger was due a flagman was sent out. When 1,100 feet out he flagged the passenger, the report says. The passenger motorman applied his air but the car slid down the grade into the freight. Other Rules Cited The grass and weeds on both sides of the rails were heavy with dew, the report says, causing the weeds to fall over on the track causing the wheels of the passenger to slid®. “Under such conditions,” the report says, “the car could not be stopped in time to prevent a collision.” Rules 159. 163 and 163A were also violated In part, the report says. They require a crew to ascertain the last train due, and that in foggy weather the trains mus.t be kept under control so that they canbe stopped within range off vision. The company was ordered to remove weeds and keep them removed, to insist the school of instruction be instituted, and make a written report to the commission each thirty days for twelve months.

SHUNNED! THE political machine la a delicate, fragile thing. When Senator La Follette attacked it with a verbal monkey wrench the works came toppling about his ears—"l was alone. When I entered the cloakroom of the Senate chamber men turned their backs on me and conversation ceased. Members left their seats when I began ' to speak. My amendments to , bills were treated with deri- I sion.” !4 Senator La Follette relates ■ the stirring story of his po- ■ Utieal career In his autobl- 1 ography— v " MY OWN STORY STARTING MONDAY In The + Indianapolis Tfcnes