Indianapolis Times, Volume 36, Number 309, Indianapolis, Marion County, 9 May 1925 — Page 1

Home Edition BARRY DUNNE goes back to the lake to bid farewell to Cbickie. Read about it on the back page today.

VOLUME 36—NUMBER 309

COURT UPHOLDS STEPHENSON COUNTS

PR OSECUTOR TO CLEAN POLICE FORCE

REMY CHARGES DRY LAWS ARE OPENLYBROKEN Wholesale Weeding Out to Start as Soon as Court Docket Is Cleared. EMPOWERED BY NEW ACT Core, He Says. A real clean-up of the Indianapolis police force for failure to enforce the liquor laws will be instituted in the near future, Prosecutor William H. Remy announced today. “I am going over tho police force district by district and man by man, and believe me, there is going to be a wholesale weeding out of policemen who have allowed violations of the law to go on under their very noses," said Remy. Under New Law The actions will be brought in Circuit Court under provisions of the Wright bone-dry act passed by the 1925 Legislature, which gives any citizen of the county the right to file charges of neglect of duty against any officer or municipal police In Circuit Court. 'Remy has had the clean-up in mind for some time, he said. Charges during the recent primary that police were “shaking down” white mule saloons and other places in behalf of the campaign fund of a candidate have been brought to his attention, he said, but due to the heavy rush of business In Criminal Court he W has not had time to take up the w liquor question in the county. “.Tust as soon as this heavy rush of business in Criminal Court slacks up a little, and I get time to breathe, T will attend to Ihis police force," the prosecutor said. Rotten to Core "I know white mule Is sold over the bar, and I know the police know it," he said. "I know all these conditions exist. Believe me, the police force Is rotten to the core, and I will clean It up." The section under which the prosecutor will proceed Is No. 42 >f the act concerning Intoxicating lqfuors. It reads: "If any State, county, township or municipal officer, or any municipal police, shall fall, refuse, or neglect to discharge any duty Imposed on him by law, concerning intoxl(Tum to Page 2)

JURY FAILS TO REACH VERDICT Discharged at Noon in Case of Fleischmann. After nearly fifteen hours' deliberation the jury in the case of George ✓ Ave., charged with Involuntary manslaughter, in Criminal Court, was discharged shortly after noon today by Special Judge Frank A. Symmea. This Is the second hung jury in Criminal Court in the past three weeks. Fleischmann is alleged to have killed Chris Schick, 64, of 1736 English Ave., during a poolroom fight at 1556 English Ave., on July 13, 1924. Schick died next day from a fractured skull eaid to have been caused by the blow. Fleischmann is out on bond. /

INSURANCE IS FIXED FOR MOTOR BUSSES Carriers Ordered to Carry $5,000 for Each Passenger With $50,000 for Group Coverage. x

At a conference today between members of the public service commission and Thomas S. McMurray Jr., State insurance commissioner, decision was reached to require each motor bus or truck operator coming under regulation of the State to provide a maximum Insurance coverage of $5,000 for each passenger hauled and $60,000 group coverfor the entire passenger capacity of each vehiolo. It was also agreed to require two separate policies from each carrier, a policy for cargo In the case of freight haulers, and a policy for liability and porperty damage. The cargo requirement was fixed at $2,600. Date of hearings on separate petitions of the Peoples Motor Coach Company and the Indianapolis Street Railway. Company, both of Indian-

The Indianapolis Times

Fall Into Hot Water Fatal to Child

'' '' ~

Paul Simmons

Dr- —[REAMS of Mrs. Frank Simmons, 1108 Fletcher Ave., for the future of her only child, 3-year-old Paul, were shattered today. Paul died Friday night at city hospital from bums received Wednesday when he fell Into a tub of hot water In which his mother had prepared to wash her hair. ' Funeral services will be conducted at 2:30 Sunday at the home of the grandmother, Mrs. Noah Housand, 960 English Ave., by the Rev. J. W. McFall. Burial will be at Mooreeville.

RULING LIMITS POLICE POWER OF DETECTIVES Gillicm Gives Horse Thief Opinion—Sumner Case Continued. Constabulary powers of horse thief detectives are to be exercised only in pursuit of horse thieves or “other like felcn3," Attorney General Arthur L. Gillian held today in an opinion submitted to William D. Parker of Grtensburg, who had queried the State as to "what constitutes the power and duties of such constables.” "Such members have not, and can not be given, broader constable pow ers or for different purposes than the act authorizes,” Gilliom said. He said it was clear it was not the Intent of either the 1866 or the 1907 Legls'atures, each of which passed horse thief detective laws, to provide for additional constables or to empower any one to act in the capacity of constables generally or regularly. Trial of Charles Sumner, police captain, before Superior Judge Clinton H. Glvan on contempt of court charges arising from the policehorse thief detectivfe trouble election day, was continued until May 23 today by Judge Glvan. Sumner was not in court when tho case was called. City Attorney William Bosson appeared and said Sumner’s wife and child were In Phoer.lx, Ariz., for the child’s health, and. the defendant wished to go there tomorrow to move them to a cooler section. Sumney was charged with saying, election night: "To with the count's orders. I don’t give a about them. We will lock them all up.” This meant, according to Deputy Sheriff Roland Snider and Orin E. Davis, military director of the Horse Thief Detective Association, who filed the information with Judge Glvan, that Sumner felt contempt for the court’s Injunction against locking up by police of horse thief detectives who were watching the polls.

apolis, to operate on city streets were not set, due to absence from the city of Clyde Jones, to whom the cases were assigned. It was regarded likely that a protest of the street railway against the commission’s granting, an operator’s certificate to the motor bus lines -will be heard at the same time as the regular petitions. Public se>-vi<?e commissioners, disoussirg an opinion of Attorney General Arthur L. Gilllom broadening scope of the law to include practically all carriers, admitted the likelihood of a general "bootlegging” of freight by carriers seeking to avoid provisions of the law. John TV. McC&rdle, chairman of the commission, said, “We'll have tc watch out for that very thing, now that an understanding has been reached on the far-reaching effect of the- law,”

SALE PERMITS FOR DRUGGISTS ARE HELD UP Conflict With Federal Laws Blamed by Printers for Delay. MANY ASK APPLICATIONS State Pharmacy Board Said to Question Clause. Issuance of applications for permits authorizing pharmacists to sell intoxicating liquors as provided in the bone-dry law enacted by the 1925 Legislature has been held up. it was learned today. Conflict of certain sections of the State statute with the Federal prohibition laws has caused the delay, It was understood. Delay Printing William B. Burford, State printer, is holding up printing of the forms for applications until one should be prepared, meeting all legal requirements, by the State board of pharmacy. According to officials of the Burford company, the pharmacy board requested the printing of the forms be delayed until the attorney general’s office could determine whether the State law conflicted with the Federal statutes. Attorney General Arthur Gilliom said today ho had not been asked for an opinion md had not yet given the law careful study. Albert H. Marion, county clerk, said numerous persons are inquiring for applications. It Is believed that where the State law conflicts with the Federal law, that part of the State provision is killed. Section 1C of the act concerning intoxicating liquors provides that "any pharmacist desiring to sell pure grain alcohol for medical or mechanical purposes, or wine for sacramental purposes, shall file with the clerk of the Circuit Court his verified application setting forth the particular place where said business is located; that he is a registered pharmacist, business associates, has a stock exclusive of liquor and fixtures valued at least at SI,OOO. He must also provide SI,OOO bond guaranteeing he will observe all provisions of the act. Permit shall then be issued for one year upon payment of a $2.50 fee. No pharmacist can obtain a permit unless he is licensed by the State board of pharmacy. On Prescription A registered pharmacist holding a permit can only sell one quart upon a written prescription of a reputable physician. Physicians can only is sue prescriptions for medical or surgical purposes or use as an antiseptic. Prohibition Director Bert C. Morgan pointed out that under the Federal prohibition law only one-half pint of pure grain alcohol could be sold at one time by a druggist. Where the Federal and State regulations overlap both must be com plied with, according to Fred I. King, of the legal branch of tho Federal prohibition department. Rain Stops Indians Bu Timex Evccinl KANSAS CITY, Mo., Ma/ 9. Rain caused postponement of t lie In-dianapolis-Kansas City basuball game this aftemon. South Bend Chosen Bu United Prexx MARION, lnd.. May 9.—Delegates to the State convention of Disabled American Veterans today selected South Bend as the city for their 1926 convention.

FLAPPER FANNY s&yy ft 1928 8 Wg> SCBVICt INC.

The modern girl makes her appearance before she appear;. tJ i

INDIANAPOLIS, SATURDAY, MAY 9,1925

River Tragedy Takes 22 Lives

Man Prays Poison May Bring Death So Wife Will Get Insurance Money

House that Jne.se Altum hopes to save by dying. (Inset) Jesse Altum, near death at city hospital after taking poison.

‘Not Sorry/ Says Carpenter, Lying in Bed at Hospital. mESSE ALTUM. 62. stalwart six-footer, lay in a white bed at the city hospital today and prayed to die In order that his insurance might go to his wife and help save their modest home at 1117 Madison Ave. ' Friday morning. Altum took poison—a slow poison that takes days and weeks to kill. And he took it not on the spur of the moment, but after long consideration. “I’m not sorry,” he told his heart-broken wife, as she visited him. "It was the only way out.” Asks His C hance Then: “What's my chance to live?” His wife replied: “There’s a chance." "Oh. too bad, I want to die.” "I’ve got it all arranged.” she told him—pleaded with him. "When you get well, we're going to the country.” He made no reply, but slipped into unconsciousness. Doctors say he may live. It all depends on when he took the poison. Altum became ill at the U. S. Corruguated Fibre Box Company, where be had been employed as a carpenter for two years. He told police bad taken poison, because of worry. He said he had mortgaged his furniture to meet ?35 taxes on his home. Cheerful in Morning "He didn't take the poison at home.” said Mrs. Altum. "He left for work in a. cheerful mood. I packed his lunch for him. T knew he had the poison though, the night, before. I tried to take it from him, hut he hid his vest which contained it. I told him that out pastor had said: ‘lt's the coward who ends his life.' ” “ ‘Ho, no,’ he told me.” she said. “It take s a brave man to end his life.’ “Don't risk your chances In eternity, Jesse,” I replied. * “I’m not afraid. It’s only the way. My Insurance will help you over the hill,’ he said.” Altum is a member of a lodge, which pays death insurance. “He didn’t sleep much during the night. T told him over and over, we would manage: that we could pay our bills a little at a time.” * “It’s no use,' he said.”

HOURLY TEMPERATURE 6 a. m S3 10 a. m 62 7 a. m 56 11 a. m...... 61 8 a. m 67 12 (noon) .... 60 9 a. m 59 1 p. m 63

Burglar Enters Store Through Coal Chute, Flees With SIO,OOO in Gems

Bu United Press SOUTH BEND, Ind., May 9.—Entering through a coal chute at the sidewalk a burglar Friday night robbed the Charles Sohueil jewelry store of SIO,OOO in gems, while pedestrians promenaded in front of the brilliantly lighted windows. Scores saw him leave the base-.

BURGLAR TIES VICTIM TO BED

FEDERAL GRAND JURY RETURNS 21 TRUE BILLS Thirty Seven Indicted in Re-port-Most Cases Liquor Violations. Thirty-seven persons, of whom twenty-one are residents of Indianapolis, were indicted by the Federal grand jury today when twenty-one true bills were reported to Judge Robert C. Baltzell. The Jury session will not end until June, It Is said. Arraignment will be Saturday at 1C a. m. Alt except two Indictments were on charges of violating the national John (‘Jack” Druly. former Indianapolis prise fight promoter. was Indicted on a charge of failure to pay a Federal tax on the Firpo-Downey fight staged here about two years ago. Indianapolis persons indicted on charges of Aiolating the prohibition law' are: S. R. Stafford, 114 Atwood St., Elmer Thoman, 2112 Woodlawm Ave.. Nicholas Rosasco, 1621 Park Ave.; Chester Pettlcord, 1628 Fletcher Ave.: Otto Pohler, 1121 Evlson St., Herbert L. Cotter, Southeastern Ave. and Prospect St.; Edward Havey, 127 W. TwentySeventh St. Samuel and Isadore Koby, proprietors of the Borghoff Grill, 124 W. Ohio St.; Mose Davis, Plaza hotel; Mrs. Mary Chappelle. 748 Union S\ ; Earl Chappelle, 1808 College Ave. - Morris Hollowitz, 1808 College Ave., and John (Jack) Druly of Franklin, Ind. Seven other Indianapolis persons were indicted but have not been arrested.

TIME’ Berlin Sanguine Concerning Disturbance at Inauguration. Bv United Press BERLIN, May 9.—Berlin today prepared for possible disturbances and violence in connection with the entry of Field Marshal Von Hlndenburg into the city Monday for hia inauguration as president Tuesday. Drastic precautions against outbreaks are being taken.\

ment, but gave no alarm until he ran down the alley. The man hid In the building for a time after tripping the burglar alarm. Because the door was locked, police believed it was a false report. The burglar left xubber gloves and flash, lights behind.

Hurls Brick Through Pane, Terrorizes Mother and Children. Hurling a brick, wrapped In carpet through the bedroom window, a colored burglar early today bound Mrs. L. E. "Williams, 30, of 1425 W. Twenty-Fifth St., with her own stockings, attempted to attack her, tore a diamond ring from her finger and escaped with the contents of a purse and a child’s bank. The robber is believed by police to be the same man who has staged three similar crimes. Mrs. Williams was released by her daughter and called police. She told officers she was awakened about 4 a. m. by the crash of glass and looked into a flashlight and a gun ir> the hands of the man who had the lower part of his face masked. , "Keep quiet,” he ordered, climbing through the opening. Taking hey stockings, he bound her feet to the bed post, she told police. Then gagging her with a pillow case, he tore the ring from her finger and leisurely searched the room. Mrs. Williams told police the man attempted to attack her, but she fought and he promised not to harm her if she woulci tell him where the money was. She said her two small children woke and she said: “Daddy will be home In a minute.” "No, he won’t either. I know he drives a bakery wagon,” the man said. The husband arrived shortly after the robbery. * No trace of the bandit has been found.

BANDITS LOOT INDIANA BANK Get SI,OOO in Hold-up at Rockville. Bv United Press ROCKVILLE, Ind., May 9.—-Two unmasked bandits today held up a private bank at Bloomington, ten miles northwest of hei'e and escaped with SI,OOO in loot. I j. J. Brown, cashier, and Elizabeth Nelson, assistant cashier, were alone In the bank when the two bandits entered. The robbers -' were about 25 years old. Brown said. As the two men ran out of the building and Jumped into a waiting automobile Brown grabbed a revolver and fired three times. He dirt not know whether any of the bullets took effect. Brown said a confederate was waiting in the car with the engine running.

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

Government Crew Attempts to Raise Hull of Mississippi Steamer to Get Bodies Trapped in Cabin t —May Use Diver. Bu United J’rrsx MEMPHIS, Tenn., May 9. —■ With the known dead placed at twenty-two a (iovernment crew today attempted to raise (he hull of the engineering boat Norman which sank in the Mississippi River, fifteen miles below here last night. If the attempt to raise the hull is not successful a diver will try to break into the submerged cabin and take out* the bodies trapped in the vessel. The Government engineering boat Choctaw, 'which accompanied the Norman on its 111-fated excursion yesterday, was equipped with a derrick and grappling irons and ordered back to the scene to try and raise the hull. Only five bodies have been re(Turn to Page 2)

Finds Fame and Fortune Fickle Fame and fortune are fickle dames, according to Edward Pavlick, 14. of St. Louis, Mo., who ran away from home in a cowboy hat to woo them. Ho landed in Indianapolis, where a half day’s work only netto<| 25 cents. So he appealed to police. "Me for home," he said between gulps as lie ate the lunch of Capt. Herbert Fletcher. His parents wore notified.

CITY HALL FOR DUVALL Politicians Rally Round Flag of Party Nominee. Announcement by William H. Armitage, political director of the Shank administration that he will support John A. Duvall, Republican nominee for mayor, is taken today to indicate that city hail politicians, who backed Ralph A. Lemcke in the recent campaign, will also rally behind Duvall. Joseph L. Hogue, city controller and right-hand man of Mayor Shank, has agreed to hack Duvall, while John F. (Bull Moose) Walker, superintendent of street cleaning, said he would "bow to the will of the people.” FORD $12.75 DOWN AND— Only Necessary to Secure Two Pro|>erty Endorsers. Pay $12.75 and a Ford runabout or touring car will be delivered at your door beginning today, provided only you can obtain indorsement of two property owners. The new financing arrangement is in effect at Frank Hatfield, Wangelin and Sharp, and Barber War nook agencies. Weekly payments are $5. Other models vary in proportion, as follows: Registered touring, $18.15 down. $7 weekly; balloon tired model, $20.15 down, $7 weekly; coupe, $20.15 down. $lO weekly; two-door sedan, $40.55 down. sl2 weekly, and four-door sedan, $83.75 down, sl3 weekly.

MUSIC PRIZES GO TO TWO LOCAL SCHOOLS Shortridge Orchetsra and Technical Bnad Win First Places in State Contests. \

Shortridge high school won first place In the orchestra contest and Technical took first in the band contest held today in' connection with observance of music week under auspices Chamber of Commerce fine arts committee. Order in which schools took prizes In the orchestra contest at Cadle Tabernacle: Shortridge, Technical, Central, Evansville; Manual, Berne, Central, Muncie; Crawfordsville and Fairmount. Winners in the band contest at Tomlinson Hal! were: Technical, first; Shortridge, second; Central, Evansville, third; Bosse, Evansvillo, fourth, and Manual, fifth. Crawfordsville won the girl’s glee club contest. Technical took second and Shortridge third. At noon tjhu mixed choruses began to compete at Manual Training School. Those entered were; Douglas of Evansville, Marlon Shields of Bey-

Forecast UNSETTLED; probably showers tonight or Sunday; not much change in temperature.

TWO CENTS

MOTIONS FILED BY DEFENSE TO QUASH CHARGE

Accused ex-Klan Leader Counters After Losing Step in Case. ATTORNEYS ARE BITTER Friday Set for Hearing on New Move. Defeated again in attacks upon the indictment, charging him with murder of Miss Madge Oberlioltzer, 28, of 5802 University Ave., D. C. Stephenson, formerly grand dragon of the Indiana Ku-Klux Klan, returned to jail today after a brief hearing before Judge James James A. Collins, in Criminal Court. With him were his aids, Earl Klinck and Earl Centry, charged with the same crime. Judge Collins overruled motions of Eph Inman, attorney for the de fendants, to strike out vital parts of the indictment. The ruling was made after each side stated that no argument was desired. Inman immediately filed motions to quash the indictment and each of the four counts. Sixteen grounds were stated in .the motion. Judge Collins set hearing on the motion for 9 a. m., Friday. Baek to Jail Stephenson, Gentry and Klinck, were taken back to Jail Immediately. They have been there since their arrest on the nhiuder charge April 20. In event the motion to quash is overruled Inman said several other courses were open for the defense. He declined to state what they were. According to lawyers habeas corI pus proceedings, motions for a change of venue from the county, or a change of judge are among the possible moves open to the defense before the defendants are required to plead to the charges. Action on the motion to strike out. was taken by Judge Collins after Inman and Charles E. Cox, employed by the Oberholtzer family to assist William If. Remy, prosecutor, had indulged in a bit of biting repartee. Attorneys Clash \ Inman was aroused when Cox said: "There is no argument to he made in support of t lira motion to strike out. There is no merit in the motion at all," after Tnman had stated that, he did no* aesire argu(Turn to Page 2)

EXPLOSION IS DEATH CAUSE Poured Contents of Can on Fire Early Today. Gasoline, thought to be kerosene, brought death to Harry Haynes. 50, of 146 H. Fourth Ave., Beech Grove, today. Haynes, a carpenter, was building a, fire about 4:30 a. m. and emptied the gasoline on the fire. Ho died about 12:30 p. m. from burns, at St. Francis Hospita'. Coroner Paul F. Robinson invest!' gated. The widow, ‘Mrs. Anna Haynes; a daughter, Lois! and two sons, Morton and Jesse, all at home, survive.

mour, Crawfordsville. Short ridge. Technical, Brazil and Manual. This morning fifteen girls' glee clubs were in contest at Manual as follows: Marion, Noblasville, Kokomo, Martinsvillle, Jefferson of Lafay ettte, Frankfort, Anderson, Peru, Greencastle, Manual, Brazil, Shields of Seymour, Crawfordsville, Shortridge and Technical of Indianapolis. Tonight at the Murat during the Rosen and Rea concert, formal announcement of all the winners wills bo made as well as the rash awards. The winning organizations will appear in a short program. It is estimated that more than 2,300 high school children from all over tho State took part in the various contests. At noon, all the visiting high school bands as well as those of this city were massed together for a great open air concert on Monument Place. H. E. Winslow, of Technical and Ralph C. Sloan, Evans, villa, directed.