Indianapolis Times, Volume 36, Number 265, Indianapolis, Marion County, 18 March 1925 — Page 1

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VOLUME 36—NUMBER 265

SHAW DEATH SENTENCE IS REVERSED

HOPE FOR 34 MINERS ABAHED Rescue Squad Pushes Way Into Mine for Mile Without Success Officials Believe AH Perished in Explosion. WATCHERS REFUSE TO GIVE UP THEIR VIGIL West Viginia Underground Blast Rocks Countryside —Rumors of Bomb Plot Are Denied by Corporation Heads. Bn United Prtt* FAIRMONT. West Va.. March 18. —All hope for the rescue of all the thirty-four men entombed in Bethlehem Company M'ne No. 41, by an explosion was virtually abandoned at noon today when rescue squads had forced their way Into the mine for more than a mile without hearing a sound that indicated the presence of life. Rescue leaders said that if the men were alive it would be likely the squad penetrating the .debris would hear tapping. Benton Mitchell, superintendent of the mine, and R. M. Lambic, chief of the West Virginia Bureau or Mines, announced after a conference that it wan believed all the men had perished in the explosion or had been suffocated by gas following the blast. Watchers Still Hope Watchers on the hillside overlooking the shaft, however, did not gi\ e Up hope that their loved ones would be saved. A great crowd milled outgide the restricted zone, hoping against hope that the rescue squads Would find the trapped men In a Chamber free from gas. The blast last night, believed to have been caused by a gas explosion, rocked the vicinity for twenty miles •round destroying structures near the mine and causing the lights of Fairmount to go out temporarily. It is believed the roofs of the underground passageway s collapsed, sealing the men as In a tomb. Bomb Rumor Denied Rumors of a bomb explosion were linked up with the fact the mine Started work on an open shop basis on Oct. 1, 1924, but they were stoutly denied by officials of the Bethlehem Corporation. The prevailing theory# ig the explosion was caused by ignited gas. The victims were members of the night shift. They had been at work only a short while when a rumble was heard and then a terrific blast broke loose. Flames shot through the mine. The company's storehouse near by was wrecked and window panes In hundreds of homes were broken. The country resounded with the echoes of the blast and the crash of the falling mine structures. TIPTON COMES TO AID Citizens Sign Petition Citing Good Character of Accused. Although Tipton citizens were unable to come to IrJianapolis to defend Paul J. HutU, 27. of that city, who was tried today before Judge Pro Tern. Frank A./* Symmes in Criminal Court on charges of vehicle taking, a petition bearing their signatures teslfled to Hutto’s good reputation, was presented to court. Among the names were those of S. D. Rouls, former mayor, and Claude Louks, sheriff.

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SHEPHERD. FANAN TO FACE TRIAL Twenty-Two Counts in Indictments Returned in Alleged Murder of Billy McClintock State Alleges Typhoid Germs Used. CROWE WILL FIGHT RELEASE ON BONDS Habeas Corpus Proceedings Are Expected to Be Dismissed as Result of Grand Jury Action —Accused Receives Word With Denials. Bu United Prc* CHICAGO. March 18.—William D. Shepherd, former Indianapolis man, must stand trial on charges that he murdered his millionaire ward, Billy McCllntock, by Inoculating him with typhoid fever germs. Indictments, charging Shepherd with the murder, were returned In open court beforo Justice Jacob Hopkins today. Shepherd probably will be lodged in Lie county jail by night, State’s Attorney Robert E. Crowe announced. Dr. Charles C. Faiman, president of the National University of Sciences, whose amazing confession that he was an accessory. the alleged murder plot by giving three tulies of germs to Shepherd, also was Indicted by the grand Jury. Faiman may be given a separate trial or may be co-defendant in the same trial with Shepherd. Shepherd and Dr. Faiman will not be arraigned until 2 p. m. when a motion for their release on a writ of habeas corpus will be disposed of. The accused are now held incommunicado in a loop hotel. State's Attorney Robert E. Crowe said that in view of tl\e indictments the motion would be overruled. He plans to fight releasing the men on ball. There are twenty-two counts in the indictments. Crowe said he would bring the case to trial as speedily as possiblle. He hopes to get it started before the end of the month. "If wo can do that we should be able to conclude it by the lasi of April or early in May," he said. A hearing on the will of young MeClintock, bequeathing nearly all of the $2,000,000 estate to Shepherd, was postponed until April 3. The will Is being contested by nine cousins of the youth. Legal authorities hold that Shepherd will receive the money if he Is acquitted. • Almost simultaneously with the voting of indictmenfs against Shepherd and Faiman, Crowe found a new witness, corroborating Faiman's (Turn to Pago 13)

WOMEN MEET ON MANAGER MOVE Arguments Heard on New City Rule Plan, "Political control of city affairs is dangerous and people all over the country are becoming restless and boosting the city manager form of government as a remedy,” said Winfield Miller, attorney, In an address today at a community meeting at the home of Mrs. Alice Free, 1221 Sterling St. Miller cited that the city charter states political control of affairs is wrong. "The good men elected are not permitted to continue in office under the present system," he said. John L. Duvall. Marlon County treasurer and candidate for Republican nomination for mayor, argued for the present political system. Frederick E. Schortemeler secretary •of State, spoke on "Responsibilities and Duties of Citizenship.” INJURIES PROVE FATAL Beech Grove Workman Dies as Result of Fall Isaac Roberts, 87, 421 S. Temple Ave., died at the Methodist hospital today as the result of injuries sustained Tuesday when he and John McLinn, 1916 English Ave., fell from a scaffold at the Beech Grove shops of the Big Four railroad. Roberts suffered a mangled left hand, broken right leg and internal injuries. whose right hand

‘Tell Indianapolis IDidn *t Do It, ’ Says Accused Man

* jjjt •.. -Sf y.. / HI 1 By .JOHN L. MBLACK JM ?. Time* Stnft Cormvundrnt (Copyright. 11)25. by Indianapolis Time*' A'' 'VT&iIISmWu CHICAGO. March IS.—“Tin* people in Indianapolis who jjfc know me need not worry about me having killed Billy MeClintook with typhoid germs,” said William Darling Shepherd, 49, y as he sat in a Chicago hotel room, a prisoner, closely guarded by Lv’i> ‘

r . .. Shepherd Asks Times Reporter to Take Word “Home”—Events of Early Life in Indiana Recalled— Local Persons Witnesses in Case. By JOHN L. NI BLACK Time* Slnft Corrrxvondrnt . (Copyright.- 1925. by Indianapolis Timasi CHICAGO, March 18.—“ The people in Indianapolis who know me need not worry about me having killed Billy MeClintock with typhoid germs,” said William Darling Shepherd, 49, as he sat in a Chicago hotel room, a prisoner, closely guarded by two big Irish detectives. “God knows 1 am innocent of that crime! This Faiman, whom I never saw until after Billy’s death, is a liar. ’ He is trying to frame me, for what reason I can’t say.”

Nervously running his hands through his graying hair. Shepherd added: “It'll all come out in the wash. They haven’t got anything on tras I tell you!” Praying Bothers Guards Shepherd spends much of his time praying, according to his guards. “It’s getting on my nerves a little, too, and I'm tollin' the truth, as sure as it's St. Patrick’s Day,” said Detective Sergt. J. G. Geary. Shepherd, bom near Anderson, Ind., spent his boyhood on a farm near Franklin, and then to Indianapolis where he attended the old Indianapolis High School, now Shortridge High School. In case the will contest now pending is pushed, many Indianapolis persons will be called to Chicago to testify, according to Attorney Delvey T. Walton, of the Chicago law firm of Taylor, Miller, Dickin-’ son and Smith, retained by eight cousins to break the will which left the entire million to Shepherd, McCllntock’s foster father. Among them are ex-Judge Charles J. Orbison, head of the Murat Shrinere, and Appellate Court Judge Solon A. Entow. Both of them served with Shepherd as members of the Indiana National Guard in the Spanis h - American War. Others are D. C. Fowler, engineer at L. 8. Ayres & Company, a cousin of Shepherd; Mrs. Amos Pedigo, 6404 College Ave., Shepherd’s sister: Martin B. Hall, 1641 N. Arsenal Ave., surety bond agent: Harry M. Franklin, 232 E. North St., for years on the Indianapolis police force, and Jerome Matillo, 1921 Broadway. Indianapolis newspaper emplove. Interviewed Forty Persons Walton interviewed forty persons in Indianapolis after the death of MeOllnljocL, taking depositions for use In thf case. He also went to Turn to Place U)

INDIANAPOLIS, WEDNESDAY, MARCH 18, 1925

STAND ON ZONE LINES EXPLAINED Union Given Right to New Headquarters, Zoning of various sections of Indianapolis for business and residence purposes is not permanent, but is subject to revision to meet changing conditions. This was made clear by Thomas L. Dillon, president of the cltv plan commission and chairman of tne board of zoning appeals, today. The statement was made in explanation of granting the International Typographical Union right to use the former home of Samuel Murdock, Meridian and Twenty-Eighth St., for headquarters. "If we should be governed by wishes of neighboring property In a particular case there never would be another school.- church, community center charitable institution, library, public mi seum or hospital In the corporate limits.” the statement said. "Manifestly It Is our duty to consider the broader welfare.” Mayor Takes Rest Mayor Shank was ill at his home today. He has not been well for some time and physicians ordered him to take a complete rest for several days. Busses Hurt Business Declaring motor busses and trucks are ruinous to railway traffic, the New York Central today petitioned the public service commission for ' authority to abandon Its Coal Bluff

- • —Photo by Underwood & Underwood. Above—William I). Shepherd (left) and William Scott Stewart, Shepherd’s new attorney. Rolow—Mrs. Cl. C. Faiman, whose husband is involved With Shepherd.

A Challenge! To Champion Crossword Puzzle Solvers On page 8 today you will find a puzzle that has stumped the masters In this new ar.. It has never been solved by even the best, but It’s Just as legitimate a puzzle as you have been getting. If you think you’re good, try this. Turn to page 8 and see what you can do.

AGED JOURNALIST DIES Illness Fatal to Henry W\ Booth of Newspaper Fame Bv United rrett DETROIT, Mich., March 18.— Henry Wood Booth, 88 years old. whose life and that of his sons has been actively associated with the Michigan newspaper world for the past 40 years, died at his home in Birmingham, near here last night. Mr. Booth had suffered poor health for more than a year. • Booth was bom In Crankbrook, England, in 1887. He had been married sixty-seven years and is survived by his widow, Mrs. Clara G. Booth, and nine children. His son George G., is owner and publisher of the Detroit News. Other members of the family own or control some nine dailies in Michigan. Burnt Match Burgler j Leaving a trail of burnt matches, a burglar has ransacked the home of Charles Smalley, 3029 Park Ave., | some time since Jan. 19. according |to report to police The Smalleys ars on at Mediterranean cruise.

ANOTHER!!,! PLEDGE IS MADE Arthur C, Newby Gives to Legion Endowment, Arthur C. Newby in a telegram to the American Legion endowment fund local committee today subscribed 31,000 to this city’s share of the national fund. Newby’s wire from Florida stated that he was mailing a pledge as an expression of his indorsement of the American Legion’s program. The Real Silk Hosiery Mills and Eli Lilly and Company both contributed S6OO. Other subscriptions listed since Tuesday were: Hayward Barcus American Legion Post (partial) $268; Mclllvalne-Kothe Legion Post (partial) $264; Governor Jackson, $200; George S. Olive, $100; F. E. Moscovlcs, S6O; MUlls Advertising Company, $25; Judge Eelbert O. Wlhnet, $26; Chalmers Brown, $25; Rough Notes Cos., $25, and A. J. Wohlgemuth, $26. •- NEW STAY GRANTED Mexican Is Saved From Electric Chair Third Time. The State Supreme Court today granted a stay of execution until June 12 to Joe Castro, Mexican; under sentence of murder In the Lake County Criminal Court. Castro was to have gone to the electric chair In the Btlte Prison at Michigan City on ApnMZ., This is the third stay of exseuAn granted.

Entered as Second-Class Matter at Postoffice, mtiTA r'TT'VTTrC! Indianapolis. Published Dally Except Sunday. -*- ’’ \J Vy.rjiv lij

State Supreme Court Orders New Trial for Colored Man Convicted of Murder of Mrs. Helen Hager Whelchel Here Nov. 28, 1923. DENIAL OF CHANGE OF VENUE .BY LOWER JUDGE HELD ERROR Remy Says New Prosecution Will. Be Started as Soon as Possible——Defendant to Be Brought Back From State Prison. The State Supreme Court today ordered anew trial in the case of John Thomas Shaw, colored, who was sentenced to death following conviction by a jury in Marion County Criminal Court of murder of Mrs. Helen Hager Whelchel, 22, of 1854 Applegate St., Nov. 28, 1923. He was convicted pec. 24, 1923. The conviction was reversed on the ground that the Supreme Court was “thoroughly convinced that the court (Criminal Court) erred in refusing to change the venue.” Prosecutor William H. Remy, when informed of the reversed conviction, announced Shaw would be tried again as soon as possible.

Kemy began Immediately to prepare for the new trial. He ordered Bert Metcalf. Criminal Court reporter, to have In Remy's office this afternoon a complete transcript of testimony in the original trial. Remy and Claude Worley, special Criminal Court investigator, arranged to confer with Judge James A. Collins of Criminal Court at 3 p. m., possibly to decide whether or not to have Shaw returned immediately from the State Prison. Collins is at his home. 639 N. Walcott St., with a severe cold. Clyde Miller, Shaw’s attorney in the first trial, who took the appeal to the Supreme Court, said he did not know whether or not he would handle the new trial, but thought he probably would be retained again. Shaw’s mother retained him the first time. Trial Delay Seen He said he did not believe the new trial would be for several months. When asked whether. If he were retained, he would petition for change of venue, he replied: "If that were done it would not be until after the trial date would be set.” Difficulty in roynding up witnesses for anew trial was foreseen by Police Inspector Jerry Kinney. Many of the witnesses who testified at the original trial have not been seen since, Kinney said. Zacjiariah T. Dungan, clerk of the Supreme Court, was ordered to certify the reversal to the warden of the Indiana State Prison at Michigan City, in order to effect Shaw’s return to custody of the Marion county sheriff. Sheriff Oiner Hawkins said he would go to Michigan City to bring Shaw hack to the Marion County jail as soon as instructed to do so by Kemy or Judge Collins. It was taken for granted around Criminal Court that the new trial would not be in Indianapolis, as the reversal was based on failure of (Turn to Page 2) NEW FIGHT THREATENED Warren Opponents Serve Notice They Are Against Woodlock. Bv United Pre WASHINGTON, March 18—The same coalition of Senators which defeated the President’s efforts to make Charles Beecher Warren attorney general, today served notice they object to the nomination of Thomas J. Woodlock of New York as a member of the Interstate Commerce Commission. nomination was resubmitted to the Senate today, after having failed of confirmation at the last session on account of criticism that he was too closely identified with New York financial interests. Republican leaders were informed today that if they attempted to r.ress the matter a long drawn-out fight would result, and the Senate might be prevented from adjourning, as planned. SPRING HOLDS PROMISE Farm Work Expected to End Surplus of I^abor. Although there is a surplus of labor in Indiana, .'t soon will be absorbet' by spring agricultural activities, according to United States Department of Labor bulletin. Employment conditions are better in smaller towns than in cities, it was stated. Activities in tMe Calumet steel district are responsible for employment of thousands of workmen while factories are maintaining their present schedule of production. In comparison with #ther states, Indlhna ranks well. * HOURLY TEMPERATURE 6 a. m 44 10 a. m 50 7 a. m 4(5 11 a. m 51 > a. m 46 12 (noon) .... 53 • a. m 47 i p. 14

Forecast RAIN tonight, probably clearing Thursday morning and followed by fair weather. Colder with lowest temperature tonight about 35.

WILMETH PICKS MANAGER Bryant W. Gilleeple to Be in Cliaree of Campaign Bryant W. Gillespie, Jr., 2850 N. Talbott Ave., wiH act as campaign manager for Judge Delbert O. V ilmeth, candidate for Republican nomination for mayor. It was announced today. Gillespie attended Indiana University, went with Battery "A" to the Mexican border/and later served eighteen months with the 160th Field Artillery In France. He Is a member of the firm of James W. Hill & Cos., live stock buyers at the Union Stock Yards. SINCLAIR DEFENSE OPENS IN OIL SUIT Attorney Says Bonds Related to Fall's Trip to Russia, Bv United Pre** FEDERAL COURTROOM, CHETENNE, Wyo., March 18.—In an Introductory statement filled with floWery verbal flights, Martin W. Littleton, chief defense counsel, began his statement to the court in the Teapot Dome suit here today. Littleton asserted the $35,000 in bonds sent to the First National Bank in El Paso in June. 1923. were sent by Col. J. W. Zevley, Harry F. Sinclair’s attorney, to Albert B. Fall as a retainer relative to Fall’s trip to Russia In connection with Sinclair oil Interests there. The defense will show, Littleton declared, that after Oct. 8. 1921, Rear Admiral J. K. Robison, under the direction of the Secretary of the Navy and H. Foster Bain of the Interior Department, had charge of the details of leasing oil lands. Relief Sent to Minora John L. Ijewis, president of the United Mine Workers of America, today announced that the national organization had forwarded a contribution of SSOO for relief of the families of those miners killed In the recent disaster at Barrackvllle, W. Va.

TUNE IN ON TIMES Basketball The preliminaries are over Only sixteen teams remain in the State High School Basketball Tournament They will play at the Exposition Building at the State Fairground Friday and Saturday. Attend the games with The Timet>. Times sports writers will broadcast the games play by play. Even ibe yells of the crowd can be heard on your radio at home. Just tune in on the Merchants Heat and Light Company Station— WFBM * (368 METERS)