Indianapolis Times, Volume 36, Number 294, Indianapolis, Marion County, 22 April 1925 — Page 1

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VOLUME 36—NUMBER 294

STEPHENSON CASE TO FIX PRECEDENT Attorneys Discuss New Legal Angles as Accused Trio Faces Six More Days in Jail Rule on Bond Release Monday. PRINCIPLE ESTABLISHED, BUT FACTS ARE UNIQUE Hearing Will Give Defense Opportunity to Question State Witnesses —Mother of Miss Oberholtzer May Be Called. D. C( Stephenson, former Grand Dragon of the Ku-Klux Klan; Earl Klinck and Earl Gentry, charged with the murder of Miss Madge Oberholtzer, si ill were behind the bars in the Marion County jail to day. That the trio will remain there for at least six more days was made certain Tuesday when Judge James A. Collins, in Criminal Court, refused to hear a. motion to admit the defendants to bail, presented by Eph Inman, defense attorney, before next Monday. With this phase of the case disposed of temporarily, the theory of the State's case against Stephen son was a favorite topic of discussion In the Indianapolis legal world. Unusual Case Although Prosecutor William H. Remy and Charles E. Cox, employed by the Oberholtzer family to assist in the prosecution, refused to give out cases on which they base their contention that the former Klan leader is chargeable with murder, lawyers pointed out that so far as known no similar set of circumstances has arisen in the history of the American bar. Novelty of the proceedings lies in the facts and not in the principle of law involved, it was pointed out So far as can be determined there is no case on record where a person has taken poison by his own hand and other persons charged with murder on the theory that by refusing medical assistance they became responsible for the death. Responsibility Alleged However, it is a well-established principle of law, lawyers say, that persons assuming custody or care of another person become charged with responsibility for his care. It Is under this theory the indictments against Stephenson, Klinck and Gentry were returned. The State will contend, it is believed by lawyers, that the defendants kidnaped Miss Oberholtzer, thereby ,assuming custody of her. That alter (Turn to Page 11) STATE OUT TO GET VIOLATORS Round Up on Compensation Law Is Planned. Plans for a systematic round-up of several thousand Indiana employers violating the workmen's compensation law was laid before approximately fifty insurance company representatives, called before the State Industrial board today, by Dixon H. Bynun, chairman. Henry’ Humriehouser, member of the hoard, declared 15,000 employers have not complied with the law, have failed formally to reject the statute, or have allowed policies to lapse. Representatives of the companies agreed to co-operate with the board In the work and to bear, their share of the expense. Frank M. Chandler, representing the Travelers' Liability Insurance Company, was named chairman of the committee to work In conjunction -with the hoard. Rid Opening, May 5 Rids on approximately three miles of paved highway. of slxty-foot width, connecting five arterial highways in Lake County, with a direct route to Chicago. will be opened by the State highway commission, May 5 The new road also will form connections with four Michigan trunk roads entering Chicago by way of Indiana roads.

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Newspapers Read by ‘Steve’ Ex-Klan Dragon and Aids Lead Simple Life in Jail.

D. C. Stephenson, ex-Klan leader, in county jail on murder charges, spends much time reading. Newspapers containing accounts of his case are favorites. Stephenson and his two aids. Earl Gentry and Earl Klinck, get to bed at 9 p. m. and are roused at 5 a. m. with all other prisoners. The three are kept In a cell together at night because deputy sheriffs fear possible feeling among other prisoners might cause trouble. "You can't tell when some of these birds we are holding for murder or bootlegging might imagine themselves reformers and start something," said a deputy. Stephenson made a request for a shave today, according to Sheriff Omer Hawkins, who said he told him he could wait until Friday the regular day for tonsorial performances at the jail. He also sent out for clean clothes, having appeared at the jail Monday with no extra equipment. Ijouis Owens, a barber charged with murder, does the shaving. Sandwich •< from a restaurant are brought dally to the Jailed political boss, by employees from his office, it was said. Other prisoners also have food brought them by friends. "The colored boys in jail always eat better when they're In than when they’re home," said a deputy. "Their families bring fried chicken and cakes galore.” WHEELER AIMS BLOWS AT U. S. STAR WITNESS Senator to Take Stand to Refute Story of Shady Deal. Bu ( nitrd Press GREAT FALLS, Mont., April 22. —Founding at the prosecution's star witness in the trial of Senpator Burton K. Wheeler for alleged misuse of his office, the defense set out with the sole purpose today of breaking down the testimony of George B. Hayes, eastern lawyer, who says Wheeler tried to Involve him In a deal to make millions out of oil permits. Wheeler himself will go on the stand to tell the complete story of his employment by Gordon Campbell, Montana oil man, and deny that he ever saw Hayes In regard to any kind of deal. The basis for the defense case was laid by introduction of two letters signed by Hayes after the time he said he saw Senator Wheeler in a New York hotel lobby, in both of which he said he had sound financial backing for Campbell, client of Wheeler It is the defense contention that this was the only point in the negotiations undertaken with Hayes, through Edwin S. Booth, former solicitor of the Department of the Interior, to whom the letters were addressed. WANTS COUNTS QUASHED Booth Declares Persons Illegally Present in Jury Room Bu Unit'd Press WASHINGTON. April 22.—Edwin S. Booth, indicted in the District of Columbia, with Senator Wheeler, and Gordon Campbell for conspiracy to defraud the Government, today filed a demurrer in District Supreme Court, demanding the indictments be quashed on the grounds various persons were unlawfully present in the grand jury room during the deliberations. Booth alleged William J. Donovan, assistant to the Attorney General, and a number of other Department of Justice officials were present when it was only legal for the Attorney General, the district attorney, witnesses and ‘others specially authorized to enter the room. VENUECHANGE GRANTEDSHAW Case WiU Go to Morgan County, Says Judge. John Thomas Shaw, 23. colored, charged with murder, will he tried In Morgan County Circuit Court, at Martinsville, following granting of change of venue by Judge James A. Collins today. Shaw was to have been tried here April 27. Change of venue was asked by attorneys for Shaw Saturday. He was found guilty In Criminal Court on a charge of killing Mrs. Helen Hager Whelchel, Nov. 28, 1923. hut was granted anew trial by State Supreme Court, after he had been denied change of venue in lower court. Prosecutor William H. Remy to day announced he would ask Governor Jackson for an order to keep Shaw in the Marion County jail until time for his trial. Trial date will be determined r.v the Morgan County Court calendar. To Work for I.emcJr’p Mrs. Elizabeth 1 Atkinson. 962 Lexington St., said to have been recently announced as a vice-preeldent of the Duvall-for-Mayor-Club, was today assigned to the speakers bureau In the Lemcke foroes. She said; she had not authorized use of her name by the Duvall force*.

HI-JACKERS’ WAR FEARED BY POLICE Motorist Reports Being Followed by Two Men Who Said They Mistook Him for Person They Intended to ‘Knock Off.’ CLOSE WATCH KEPT ON BOOTLEGGING SUSPECTS Shooting of Forrestal and Leathers Recalled as Preparations Are Made Against New Battles Among Rum Runners. Police today pieparaed for an Indianapolis hi-jackers’ war when a report that two rum-runners had threatened murder was received. A motorist told officers he was followed from several miles west of the city to his home by two men In a car Tuesday night. At his home they stopped, looked him over and one told him: "Beg your pardon. We thought you were a man whq done us a dirty trick and we were going to knock you off." Phillip William. 1916 Broadway, was the motorist who reported this to police. Shooting Expected Officers interpreted the incident as a warning that a shooting might he expected at any time. They believe that the two men aie rum run ners who either have had liquor stolen from them by another band of booze importers or were angry because someone had Informed police or Federal authorities. Williams said the two men were young and roughly dressed. They drove a sedan. In preparation for trouble tives and Capt. Paulsell's booze squad were watching all persons suspected of bootlegging. A hi jackers' war several months ago resulted In the killing of Joe Forrestal here and the killing of Earl Leathers, of Indianapolis, near Lafayette. Ind.. according to police. Another Incident Further Indication that hi jackers are active was contained in the report of Scole Campbell, Blake and New York Sts., that several men In a large touring car stopped his automobile at Sixteenth St. and Indiana Ave. Tuesday night. Campbell said they searched his car. When, fearing they might attempt to molest a young woman with him. Campbell interfered with the search, one of the searchers struck him, Campbell said. _i DRIVER FREED IN DEATH CASE Jury Finds Robert McGaughey Not Guilty. A verdict of not guilty was returned today in case of Robert MeGaughey, 25. of Acton. Ind., charged with involuntary manslaughter, by a Jury In Crimnla! Court. McGaughey was charged with the death of Miss Georgia Steffe, killed July 4. 1924, when McGaughey’s au tomobile collided with one in which she was riding, at Prospect and Laurel Sts. Martin Garvey, 1208 Pleasant St., riding with Miss Steffe, died a fe whours alter at the city hospital George Rinehart of Louisville was driving. The verdict was reached at 5:15 p. m. Tuesday, two hours after the case went to the jury. The sealed verdict was opened and read at 9:20 a. m. today.

SPECTACULAR PLOT TO ROB BANK FOUND Police Uncover Special Autos, Gas Masks, Smoke Bombs for Gigantic Hold-up.

Bu l nitrd Press CHICAGO, April 22.—A plot for "the perfect bank robbery” with millions .of dollars as the stake, was revealed tiday by Captain of Detectives William Schoemaker. Henry J. Ferneks, 33, who has -ngtneered numerous bank robberies and is accused of four murders, was preparing for, a spectacular descent on a bank when police killed the plan, Schoemaker said. Fernkes wan arrested several days ago while in a library reading a scientific treatise on poison gases. “The plans were for Fernkes and at least nine others to come to a Loop bank In two big automobiles,” Schoemaker said. There wasn’t a chance for a slip, they thought. They were preplhed with pump guns,

INDIANAPOLIS, WEDNESDAY, APRIL 22, 1925

Amphibian Planes For Arctic Trip

Water or Earth; Specially

Metal Ships May Land oi Water or Earth; Specially Built. VY/ phibian airplanes are to search for “Arctica," that undiscovered continent believed to be in the Arctic Circle. The planes, two in number, will carry Donald F. McMillan, Arctic explorer, on his next Polar expedition, scheduled to start in June. They will be piloted by navy aviators in command of Lieut. Com. R. E. Byrd of the Navy Bureau oi Aeronautics. The amphibians are so called because they are able to alight on and start from loth land and water. They are of metal construction, much stronger than ordinary planes. Their bodies are shaped like the hulls of flying boats, for alighting on water. To alight on land the pilot turns a switch which unfolds a wheeled landing goar. The wheels of this gear may be replaced by aluminum alloy runners to land on snow or Ice.

Mercury Climbs to Highest Mark Highest temperature this season was recorded by the weather bureau thermometer at 1 p. m. today, when the mercury stood at 81 degrees. At 1 p. m. Tuesday temperature was 55 degrees. “(>>ntlnued warm tonight and Thursday" is the forecast.

HANDS UP, SAID HE; DIFF REPLY Intended Victim Knocks Out Bandit With Fist. A hold-up man encountered unlooked for resistance when he attempted to rob John F. Ellsworth, 617 Lockerbie St., the Intended victim told oplice. Pointing a gun at him, Ellsworth said the man told him to put up his hands. Instead Ellsworth said he struck the man on the chin and walked away, leaving him lying In the street at Liberty and Market Sts. Ellsworth did not call police for some time. A musical burglar recently visited the home of Ix)uis Condon, 1126 E. Oh*o St„ and took a violin, he told police. A thief entered the home of Frank P. Bittersman, 126 W- Walnut St., and took a $32 watch, police say. SCHOOL BOYS’ SPREE Sheriff Probes Alleged IJquor Scandal at Seymour, Bu Timrs Special SEYMOUR. Ind., April 22.—Sheriff Sneed today was called to investigate a wholesale "spree" by eighteen high school and town hoys at Brownstown. Parents complained the eighteen boys became intoxicated on white mule purchased from a bootlegger/ at Medora. HOURLY TEMPERATURE 6 a. m 63 10 a. m 75 7 a. m 64 11 a. m 77 8 a. m 68 12 (noon) 79 9 a. 71 1 p. m 81

rifles, sawed off shotguns and revolvers enough to equip an army. There were three big tanks of amten big smoke bombs to cut off pursuit. “The plot called for the gang to slip Into the bank, ( close all doors and take off the caps from the ammonia tanks. The poison fumes would drive out all persons tn toeplace while the robbers, protected by gat masks were to gather up bank notes and gold and then leave by a rear entrance. Fernkes Is a dark little man with a reputation of desperate criminal activities. As he Is under Indictment in Rockland County, N. Y., for the murder of two bankers. State’s Attorney Robert E. Crowe has agreed to turn him over to New York officers.

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Above —One ot tin* amphibian planes to make dash for pole in the Mac Mi Han expedition in June. Below—Capt. Donald MacMillan and Lieut. Commander H. E. Byrd, who will direct the fight.

RUSSIANS JAILED WITHOUT NOTICE

Bulgarian Police Assume Foreigners Guilty Until Proved Innocent. Bu Vnitrii Prmi VIENNA. April 22—The Zankoff government is arresting Russians throughout Bulgaria whether or not they are Communists, according to Sofia advices. The privilege of habeas corpus proceedings is not functioning for the moment. Officials assume the suspects, if Russians, are guilty unless they are proven Innocent. ATHENS, April 22. Irreconcilable agrarian leaders Tetrini and Gratzaroff were killed in fighting in Bulgaria. where bitter clashes between government troops and opponents continue, according to Sofia advices today. Fighting in the upper Tjoumaja and Kuatendil districts is reported. Unconfirmed Sofia dispatches say King Boris has asked Premier Zankoff to resign and that the latter has refused. Mounted Jugo-Slav gendarmes, with a company of infantry, are reported from Salonika to have crossed into Bulgarian territory in pursuit of an agrarian Communist band The Serbian troops were ordered to return immediately. Greece is watching Bulgarian developments with interest, but will not interfere. BUS TERMINAL IS GIVEN BOOST Fishback Urges Cooperation for Opening. Co-operation of all citizens in the celebration which will m. 14 opening of the new bus terminal at Senate Ave. and Maryland St., In Times Square, May 19, Is urged in a letter received today by .1. Edward Morris. chalmißn of the celebration, from Frank S. Fishback, president of the Chamber of Commerce. “Every citizen should he interested in this new and flexible mode of transportation, because Indianapolis is in the very heart of a rich and easily accessible territory which properly-organized, well-equipped and efficiently-managed bus lines will serve." h ishback wrote. “I am glad as president of the Chamber of Commerce to commend the celebration and urge all citizens to co-operate.” STATE BOOKS AUDITED Transactions In Adjutant General's OiTice Questioned. Field examiners for the State board of accounts within the next ten days will file an audit of books in the State adjutant general's of flee under the administration of Harry B. Smith. Transactions totaling several thousand dollars could not be reconciled by the books, necessitating trips to Washington to check up on military materials, it has been learned. One of the items under question Is purchase of quantities of military uniforms through a local l^use.

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Flips Match on Worker, Sued Bu Timrs Special ANDERSON, Ind., April 22. —A moment’s earlossness may be costly to Dana Peck, Alexandria auto salesman, formerly employed by the May-Chevro-let Company of that city. Some time ago he playfully flipped a lighted match on Thomas Armstrong, it is said, while the latter was repairing a car. Thomas’ oil-soaked clothing burst Into flames, and he received serious burns. Thomas’ employer carried insurance under the Indiana Workman's Compensation act. The insurance company paid for the man's Injuries, and In a suit filed Tuesday in the Madison County Superior Court, seeks reimbursement from Peck to the amount of $548.12.

OHIO OFFICERS SET SENTENCES Fifty- Police and Dry Agents Face Judge. Bu ( nitrd Prrss CINCINNATI. Ohio, April 22. Fairly battling their way through crowds which Jammed the courtroom, fifty-nine policemen and dry agents appeared before United States Judge Smith Hickenlooper today to be sentenced as grafters. His promise of leniency for the fifty-nine men who confessed to accepting bribes and bootlegging didn't mean anything for Louis Sunderman, a flying squad detective. tlunderman was given eighteen months in prison and a fine of $2,000. The detective confessed he received more than $17,000 In bribes. Lieut. Aubrey Houston received the same treatment as Sunderman. FLAPPER FANNY sevys I • IMS • MCA scnvics. me. Vi i in Even a champion golfer never i tries to drive with one hand.

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

TRACK ELEVATION FUNS ON SOUTH SIDE 10 COST SIMOOM DRAWN UP "" \ City Engineer Completes Plans for Elimination of Belt Railroad Barrier Board of Works and Roads to Pass on Proposals. Completion of plans far elevation of the Indianapolis Union Railway across the south side from W. Washington St. to Keystone Ave., was announced today by H. G. Wray, city track elevation engineer. The Belt railroad elevation, next big step in the track raismg program started ten years ago, will cost approximately $14,000,000. The completed plans will he placed before the board of works and representatives of affected railroads Friday.

Designed primarily to eliminate grade crossings which cause both danger and traffic delays, the Belt elevation will mean the addition of many milions of dollars to the city’s wealth through increasing accessibility of real estate located south of the Belt tracks, engineers say. They pointed to the industrial growth in the section south of the Union Station which followed elevation of the main railroad tracks. Growth Predicted Elimination of the Belt railroad barrier across the south side will mean construction of hundreds of homes across the south border of the city, real estate men predict. The section has been held back because street cars and automobiles have been continually held up at the Belt tracks for years. The move means much for West Indianapolis, city officials also said. Blocking of W. Washington St., by Belt trains has been a source of annoyance for years. Recently an ambulance was delayed for almost i halm an hour when a. train, stopped by mechanical trouble, was held across W. Washington St. Tn the ambulance was a child, danger uoI ly 111, being taken to city hospital. $1,500,000 Bridge Included in the proposed elevation will be anew bridge over White River between Keystone Ave. and the Bluff Rd., cost estimated at $1,500,000. and overhead crossings at nineteen Intersecting streets. Railroads entering the city .from the south will also be effected by the elevation, and it is expected they will give their approval to the plan Friday. It is said the Peoria & Eastern and C„ I. & W. roads will raise their tracks to the Belt elevation, while the Big Four, Pennsylvania and Illinois Central will make subways under the Belt. If the plan is approved by the board of works, the next move will be to advertise for bids on construction work. Streets Affected Intersecting streets which will be affected by the elevation are: W. Washington St., Oliver Ave., Harding, Ray, Morris, Kentucky Ave., Bluff Rd., Meridian. Madison Ave., East, Singleton. Pleasant Run Blvd., Ringgold, Barth Ave., Shelby, State. Churchman Ave., Minnesota and Keystone Ave. Track elevations already have been constructed at New York, Michigan. East Washington and Prospect Sts. Passage of law by the Legislature in 1923 provided sharing of costs by city and Belt Railroad. Engineers started plans in July, 1923. City engineer's office was made responsible for inspection of plans w<th regard to clearances, width of elevation and other details. DEPUTIES HOLD DATTLEROYAL French Chamber in Uproar as Fight Occurs. Bn l nitrd Press PARIS, April 22.—A rough and tumble battle royal broke out in the chamber of deputies this afternoon during the election of a speaker. The fight was precipitated by Deputy Balanant of the Right, who mounted the platform behind the chair occupied by temporary President Iva Font, to watch balloting. Deputies of the I>eft objected to Balanant's action and charged down upon him, cuffing and kicking opponents. who was able to extricate himself with difficulty from the melee, suspended the session. Palnleve won a vote of confidence, 304 to 218. in a stormy session .vested day. Palnleve must fare the Senate tomorrow, where the opposition, if less spectacular, is likely to he more severe. It is expected the inter pellatlons again will consist largely of attacks upon Joseph Caillaux. minister of finance, who a few months ago was an exile, charged with treason. Kiwanians at Hospital Indianapolis Kiwanis Club members were guests at a luncheon today at city hospital. Following the luncheon Dr. Cleon Nafe, superintendent. took the party on an inspection tour.

Forecast PARTLY cloudy tonight and Thursday; higher temperature tonight.

TWO CENTS

PRIMARY FIGHT EXPECTED TO COME TONIGHT City Council Factions May Clash Over Polling Place Question. Clash of majority and minority factions of city council is expected tonight w'hen that body meets In special session to name polling places for primary election May 5. Five majority members have agreed upon the list prepared by | Ben H. Thompson, president, who at ! regular council meeting Monday night refused to present communication designating location of booths. ; drafted by George V. Coffin, Republican city chairman, backing candidacy of John L. Duvall for Republican nomination for mayor. Four minority members, it is understood, will attempt to block acceptance of Thompson list and will oppose suspension of rules to allow proposals t. he adopted a* tonight’s meeting. This action would necessitate another special session before midnight Friday, since law requires designation ten days before date of primary election. Thompson said list had been submitted by hackers of Ralph A. Lemrke’s candidacy for Republican nomination for mayor, hut added that his roster had been prepared Independently of both Lemcke and Coffin lists. Coffin today denied that preasure would he brought to hear upon council to adopt roster he submitted. "I prepared the list because it Is customary procedure," Coffin declared. ‘lt's a big job to persuade people to allow their homes * used for polllrg places ands was undertaken for convenie. the organization. It is understood the Thomps. list Is favorable to candidacy o\ Lemcke. GARY PAPERS ARERECEIVED Thirty-One Included in Mandates for Arrest. Twenty-seven men and four women of Gary, Ind., Including Roswell O. Johnson, fonner mayor, will soon start prison terms for violation of the national prohibition laws. Mandate for their Immediate arrest and imprisonment was received at offlre of William P. Kappes, clerk of Federal Court, today. Prlaon warrants will be made out today and given to Linus Meredtth, United States marshal, who will send notice for the thirty-one to appear at once. Sentences are in the Federal prison, Atlanta, Ga.. and the Marlon County .Tall. Johnson and four others will go to Atlanta. Sentences are: Johnson, eighteen months and $2,000 fine. E. Barnes, president of the board of publlo works; ftwlght M. Kinder, prosecuting attorney of lAke County; Bla* A. Lucas, attorney, and Clyde Hunter former prosecuting attorney, all one year and a day and SI,OOO fines. Other sentences are in the Marlon County Jail, S-H-H-H! BIG MEETING! Slmnk Political leaders Gather Behind Ixtcked Door*. Political leaders in the Shank administration held a meeting today behind locked doors In office of Joseph L. Hogue, city controller, at which It was said an attempt was made to halt Investigation of rec ord of a city fireman at Station 18 by Fire Chief John F. O'Brien. William H. Armitaga. political director of the city administration; John Zener, former police captain: Police Chief Herman F. Rikhoff, Oscar C. Wise, secretary of board of safety, and Hogue were present. Tilt l*etw-een O'Brien and Zenar oc curred. but O'Brien said he would persist In investigation. The fireman la charged with drunkenneaa, O’Brien saiA I