Indianapolis Times, Volume 37, Number 1, Indianapolis, Marion County, 15 May 1925 — Page 1

- v , y : . , i Home Edition CHICKIE fears Barry’s love will <tool. He is irritated by her fears. Back Page today.

VOLUME 37—NUMBER 4

STEPHENSON TRIAL SET JUNE 2

LONG FIGHT SEEN OVER GASPLANT Obstacles Facing Efforts of Outside Investment Company to Purchase Local Utility Are Pointed Out by || Brokers. LITTLE CHANCE HELD FOR ULTIMATE VICTORY Stockholders First Must Be Persuaded That Profit or Dividend Loss Is impossible, Experts Point Out — Directors Buying No Stock Efforts of Cyrus S. Eaton of the firm of Otis & Co.,'investment bankers, to obtain control of Citizens Gas Company, will mean a long struggle with ultimate victory doubtful, in opinion of Indianapolis brokers today. Baton, who la saf<s to he financially Interested in the Continental Gas and Electric Company and the “United Light and Power Company, operators of extensive national chains of utility companies, hae offered S4O a share for stock in the G. L. Payne A Cos., lnbankers, are his agents. w? No sales were reoorded on the Indianapolis Stock Exchange today. One bid of 40 was made, but 48 wag the price asked. The day before the news of the proposed purchase was made public the stock was quoted at 03 bid and 35 asked. First obstacle to be overcome is opposition of directors of the gas company who have urged all stockholders to retain their shares. Directors own. lees than 3 per cent of which wtll not be sold. To buy the remaining per cent stockholders must ho persuaded that increased oapitf.hzation of <.l- > company, deemed possible in view of cases where other large companies have obtained control, will not reduce the value of their holdings. Sacrifice of deferred dividends, amounting to $6.25 on each share would he a possibility because these dividends would go \o the new owners of the stock, it was pointed out. Ts Eaton obtains majority of stock, he faces necessity of breaking the voting trust of the company to gain* actual control. This would he a hardship, it was said in as much /is five trustees now hold power to name their successors in (Turn to Page 24)

PASTOR’S LIFE > STORY IS TOLD Audience of 7,000 Hears Evangelist Richey. The life story of the Rev. Raymond T. Richey, evangelist conducting services at Cadle Tabernacle, was heard by an audience estimated at 7,000, Thursday nigl\t at the tabernacle. . According to Richey's statements, he regained his sight and his health after being condemned to blindness at one time. And later being "sentenced” to death from tuberculosis. CANNING FACTORY BURNS Pv United Peru* COLUMBUS. Ind., May IS. —'The Rirk A Birk canning plant at Ogllvllle, Bartholomew County, was destroyed by Are today with a loss of SIO,OOO.

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Hawkins Merger Move Is Opposed

Trustee in Bankruptcy Takes Steps to Halt Reorganization. Steps to organize anew company out of what ts left of the defunct Hawkins Mortgage Company and its subsidiaries were termed “fraudulent” in a petition filed in Federal Court here today. Lew Wallace, attorney for Warrack Wallace, trustee In bankruptcy for the mortgage company, filed a motion to dismiss a petition for a ninety-day stay of bankruptcy proceedings. filed recently by a small group of Hawkins stockholders seeking reorganization. The stockholders, with headquarters In Cincinnati, announced early this week they would try to gather together the residue left after the Hawkins crash and form the United Mortgage Company. Hearing Monday The reorganization was to center arbund Welfare Loan societies in Indiana, beginning at Richmond. The loan societies 'were Hawkins subsidiaries, all of which are in the hands of trustees In bankruptcy. Judge Robert C. Baltzeli set Mon day, for a hearing on Wallace’s motion. If the court sustains the motion, Morton S. Hawkins dreams for recuperating his defunct com panics will be basted. The reorganization committee, headed by A. L. Marvin, of Hamilton, Ohio, ha been attempting to present its plans to stockholders, claiming the assets of the company will amount to $1,000,000 or $1,500,000, “i fthey are carefully liquidated over a necessary period of tfme.” CINCINNATI BRANCH BALKS

Ohio Stockholders Object to Merger With Proposed Company. Bu United Press CINCINNATI, Ohio, May 15. Cincinnati branch of the Welfare Loan Society will not join the proposed merger of subsidiaries of the defunct Hawkins Mortgage Loan Company, it was asserted today. Ralph E. Clarke, attorney, said the local stockholders were not interested in the merger and court action would be taken to prevent acquisition of stock by the United Mortgage Company. HAWKINS CRTS STAY Removal-to Indianapolis Delayed by New Court Order. Hii I nited Press CINCINNATI, May 15.—Stay until May 25 was granted Morton S. Hawkins today when his attorney served notice that writ of certiorari would be sought before the United States Supreme Court at Washington. I United States Circuit of Appeals had affirmed order for Hawkins’ removal to Indianapolis and he was to have been taken there Monday to face charges of using the malls to defraud. Hawkins defaulted $7,500 bond when he failed to appear for trial in Indianapolis Oct. 1, 1924. He was arrested in Ohio, and has been fighting renOoval to Indianapolis. REMY ASKS PADLOCK Suit for Abatement Filed Against Property. Suit for abatement of property possessed by Nick John and Vasil P. Ttchoff, Arnolda Ave., as a public nuisance, was filed In Superior Court Five today by Prosecutor William H. Remy. Complaint alleged that intoxicating liquor had been kept and sold at the address since May 9. It asked that temporary restraining order be granted to close the place. TO FACE COURT Twenty-one to Be Arraigned Satnrday, Ix>ral Persons. Twenty-one Indianapolis persons, all indicted by the Federal Grand Jury on charge of violating the national prohibition law, are among those to be arraigned before Judge Robert C. Baltzell in Federal Court Saturday at 10 a. m. Nineteen from other cities also will be arraigned. Practically all are charged with liquor law violations. GRAIN HEARING TODAY Company Will Close Petition to Sell Stock In State. Final hearings on petition of the Grain Marketing Company, a Chicago farm marketing concern, to sell stock in Indiana were to bo held today before the State securities commission. The Indiana farm* bureau federation opposes the proposed stock sale. . Evdience of the Grain Marketing 'Company was completed Thursday with testimony of W. Jett feauck of Washington. D. C.. economist-ac-countant, who headed the staff of appraisers who viewed elevators and properties taken over In the Grain Marketing Company merger.

Playpool Host for Banquet ILAYPOOL Hotel will Ibe host to the city champion and district winners in The Indianapolis Times marble tournament, at a dinner Saturday evening at the Clavpool. Medals for the city champion, runner-up and district winners, will be awarded at the banquet in Parlor T of the Clay pool at 6:30 p. m. Finals in The Times annual contest will be played at 8:30 a. m. Saturday. Following dinner C. A. Kepner, manager of the Claypool, will greet the youngsters. R. Walter Jarvis, superintendent of parks, will speak. Awards will be presented by Felix F. Bruner, editor of The Indianapolis Times/ \

ONE LAD HURT, ANOTHER DEAD IN AUTO TOLL Boy Struck When He Chases Ball in Front >of Machine. One lad was seriously hurt and another was dead today as a result of auto accidents. James Toms, 8, of 1032 N. Oakland Ave., was suffering from concussion of the brain. He ran out in the street near his home while pla.’ ing ball Thursday evening and wa) struck by an auto driven by Mi.is Thelma Ball, 3120 Nowland Ave. Miis Ball was slated. Police, who investigated, warned children when neighbors told them they persisted in playing in the street. The fourth child casuality of the year was recorded Thursday night with the death of Melvin Rader, 4, of 618 Birch Ave., at the city hospital. Police were told the lad hopped on the running board of an auto being driven out of the garage of Everett Harrison, 637 Holly Ave., Monday night. The boy fell off and the car passed over him. Harrison said Jte did not know the boy was on isle car. Harrison was slated. Coroner Paul F. Robinson is investigating. EDITOR AT CONVENTION O’Mahoney and Pagan! Attend St. Ix>uis Meeting. Catholic Press Association convention at St. Louis, Mo., today was attended by J. P. O’Mahoney, editor, and H. P. Paganl, business manager, Indiana Catholic and Record. Delegates from the United States and Canada attended the session, which ends Saturday. FEDE.RAL JURY REPORT Body to Give Out Indictments Returned This Week. Federal grand jury this afternoon was- to report indictments returned this week. It Is understood about fifty persons have been indicted, most of them on charges of liquor law violations. A number of Indiancpolls doctors and druggists were expected to be included on charges of violating the anti-narcotic act. w. b 7 m’murraTnamed Merchant Tailor Made State Chairman by National Association. Welcome B. McMurray, merchant tailor, 219 Board of Trade Bldf?, has been named State 'chairman by the National Association of Merchant Tailors of^America. For several years he has been active in developing Interests of the trade organization. He will attend a conference of district chairman at Cleveland, Ohio, Jan. 1. three" speed charges Trio Falls Into Net Laid By Police Thursday Night. Three persons fell into the speeder net laid by police Thursday night. At the city prison they gave their nt mes as i W. Kennetli Trusty, 10, of 939 W. Thirty-First St.; L. Carl Nerry, 33. of? 43 R. Arlington Ave., and Harold Bowman, 22, of Plainfield, Ind. V

INDIANAPOLIS, FRIDAY, MAY 15,1925—32 PAGES

MAYOR ASKS CIVIC ADVICE UPONSRIDGE Shank Suggests Board of Works Refrain From Signing Any Contracts Relating to Proposed Structure. BUSINESS, LABOR ARE TO GIVE SUGGESTIONS Letter Says if Any Move to Make Citizens Pay for Belt Project Is Taken, Ogden, Corporation Counsel, Will Be Called In. Weary of 4lie deadlock tween city representatives and officials of the Hndianapolis Union Railway Company on question of proportionate costs of $1,500,000 Btjlt Railroad bridge across White River, Mayor Shank today asked the board of works to seek counsel of business and labor organ-* izations. Mayor Shank suggeHed that the board refrain from signing any contracts until advised by a “Citizens’ Track to be composed of one representative from Chamber of Commerce, Board of Trade, Merchants’ Association, Central Labor Union and Indianapolis bankers. Warning to board that if It signs any contract in which citizens will have to pay all costs of bridge, he will request James* L. Ogden, corporation counsel, “to bring court proceedings to hold It up," was expressed in a letter written by Shank to the board. “The committee is to consult with your board and the hoard is to r*£ celve a report of the majority of the committee,” Mayor Shank wrote. A compromise whereby the Union Railway Company will pay 60 per cent of the cost of the bridge, with the city bearings 224 per cent, the county 224 per cent and property owners In the district 5 per cent, Is possible. It was learned today from a reliable souroe. Construction of bridge has been the bone of connection In a series of conferences during the past w’eek because city officials have sought to expedite the work, whioh must be completed before south side track elevation is started.

DE PAUW COACH PICKED W. L. Oberlln College, Chosen for Poet. Bv Times Rpeeinl GREENCASTLE, Ind., May 15. W. L. Hughes of Oberlln College has been appointed athletio director of De Pauw University, it was announced today by President Murlln. The past year he has been head coach at Oberlln College, Oberlln. Ohio. His football and basketball teams made enviable records. BEST COLOR FOR SOCKS University Student* Decide Who’s Best In Everything. , Bv Times Special ATLANTA, Ga., Mtfy 15.—The enlightened students of Emory University have decided by popular vote that Lloyd George is the most important world figure, John Bar-y----more and Norma Te.lmadge the best actor and actress, Kipling the best author because of his poem ’Tf.’’ Falstaff and Jurgen the best fiction qharacters, and Red the best color for socks. SCHOOL BOARD QUESTION Not Known Whether Evansville Or Ft. Wayne Will Be Represented. On the basis of school enumeration returns received at the office of Henry N. Sherwood, State superintendent of public instruction. South Bend is assured of continued representation on the State board of education, but the annual strife between Evansville and Ft. Wayne for representation will be continued. x Returns from Evansvile today show a total enumeration of 23.392, a gain of 613 over last year. Ft. Wayne’s enumeration ,'s not yet complete. j sls FINE IS ASESSED Fred Clemeps, 20, of Royalton, Ind., was lined sl2 by City Judge Pro Tern. Dan V. White today on a charge of stealing auto tires worth $6 from Forrest Hamilton, Brownsburg, Ind.

Mother Given Her Child After Two-Year Search

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Mrs. Mildred Fleming and Robert, H er Two-Year-Old Son.

Awarded Baby That Father Had Placed in Guardian Home. SMOTHER’S love triumphs! After two years of untiring effort to locate and gain possession of her 2-year-old son, Robert, Mrs. Mildred Fleming, 20, or 957 W. Thirty-First @t.. was happy because her search was not in vain. Late Thursday afternoon Mrs. Fleming was awarded custody of the child by Special Judge Fred McCallister, following habeas corpus proceedings In Superior Court Four. Rushing from the side of Frank A. Symmes, attorney, the mother eagerly grabbed her son from Mrs. Clifford J. Collins, 328 Leslie Ave., and left the courtroom, followed by her parents. Mrs. Collins, who had obtained the child from the Children's Guardian Home, 6751 University Ave., when it was 2 months old, cried bitterly. ‘‘Oh, I can’t give little Bobby up," she cried. As Mrs. Fleming hurried down the Courthouse corridors the child cried and tried to break away from Its mother. "Mama, I want by mama," he cried. Father Unconcerned Clifford E. Fleming, the boy's father, sal unconcernedly in the courtroom a half-smile crossed his face as the court made its ruling. During the denunciation, part of which was aimed at himself, he remained calm. Looking squarely at Fleming, Judge McCallister slowly said, "if you w’ere a man with a spark of manhood, you would never have done such a thing. It was your baby and up to you to take care of it." Assumed Name Used Evidence showed that Fleming motored to Indianapolis in 1923, with Mrs. Fleming and the infant when it was eleven days old. _ He took the baby from its mother and through the Juvenile court made it a ward of the Children’s Guardian Home, it was said. In court Fleming represented himself as Car) Kennedy and the baby as Clifford. He told Judge Frank A. I>anr that the mother was dead. "It looks to me that someone put it In your head that if you got rid of your baby and deserted your wife for two year* it would .be an easy matter to get a divorce,” said Judge McCallister. Mrs. Fleming was granted a divorce from Fleming a year ago in Orange County. i HOURLY TEMPERATURE J.6 a. 50 10 a. m N 66 7 a. m 54 11 a. m 69 8 a. m 69 12 (noon) 72 9 a. m 62 1 p. m 74

Bryan Is Hissed From Stage Bu United Press PROVIDENCE. R. 1., May 15.—William Jennings Bryan left at platform at Brown University last night following an address against the theory of evolution. The "Commoner” was queried on a point of religion against science. Simultaneously he was hissed and booed. "I have come a long way to address you.” Bryan 1 told the students, “but I shall certainly have to retire before this magnificent, bubbling fountain of wisdom.” He retired at once without answering the query.

Board Secretary Defends Rule Says Address of Adopted Child Should Not Be Given Out.

ARBARIC and Inhuman,” W Judge Pro Tern. Fred Mc- - CaHister, presiding in a case in Superior Court Four, termed a rule whereby the Children’s Guardian Home. 5751 University Ave., refuses to tell parents the names of private families to whom their children have been given after being wards of the home. "Necessary,” Miss Carolina Goodhart, secretary of the board of the guardian home, termed the rule today, % in answer to the judge's criticism. McCallister’s statement was made Friday In hearing of habeas corpus proceedings through which Mrs. Mildred Fleming, 20, of 957 W. Thirty-First St., regained possession of her two-year-old son, Robert. Mrs. Fleming testified the home refused to tell where her son was. • , "A mighty hard rule to have in a civilized community,” was Judge comment during a tirade against the home. "A rule which all Institutions of this kind have, of i.ecessity,” was Miss Goodhart’s reply. She called, McCallister’s criticism the result of "ignorance on his part.” f'lf we should gl\|e the addresses of homes in whloh children were placed, to the parents, no one would adopt babies from the home,” Miss Goodhart said. "People would realize they could not have actual control of the children. The real parents wduld bother the child and the foster parents."

FEDERALTERM FOR PROMOTOR ‘Jack’ Druly Probably Will Go ot Leavenworth. John "Jack” Druly of Franklin, Ind., former Indianapolis prize fight promoter, probably will be taken to Leavenwoj;th (Kan.) Federal Penitentiary Saturday. He was sentenced to a year and a day and fined SIOO and costs by Judge Robert C. Baltzell in Federal Court late Thursday. Druly pleaded guilty to possession of counterfeit Government strip stamps, which, it is charged, he used in manufacture of intoxicating liquor. Druly pleaded guilty to another indictment charging failure to pay taxes on the Firpo-Downey fight here about two years ago. It was taken under advisement. DIPLOMAS PRESENTED | r Commencement Exercises Are Held at Lawrence, Ind. Forty-two diplomas were presented at Joint commencement exercises of the grade and high schools of Lawrence, Ind., and Oaklandon, Ind., at the Lawrence High School auditorium Thursday night, by County Superintendent Lee E. Swails. Rev. Oscar A. Kelly. Terre Haute, Ind., delivered the principal address. Lawrence High School gratudated nine; the Oaklandon High School, fifteen. Twelve graduatde from Oaklandon grade school, and -sixteen from the Lawrence grande school.

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

Judge Collins Overrules Motion to Quash Oberholtzer Murder Indictment, and Former Dragon, Klenck and Gentry Plead Not Guilty. I OBSERVANCE OF PRESCRIBED PROCEDURE IS COMPELLED Attorneys Fail in Attempt to Avoid Humiliation of Trio in Appearance Before Bar —Change of Venue Step I Open—D. C. Is Nervous. “My word is law in Indiana.” This was the boast made by D. C. Stephenson, former grand dragon of the Indiana Ku-Klux Klan and power in Republican political circles, according to the story told by Miss Madge Oberholtzer, 28, of 5802 University AveJ to her parents as she lay Sying at her home. Today, plainly nervous, slightly pale, the same man stood before the bar of justice in Criminal Court and pleaded ntjt guilty to the charge of murdering Miss Oberholtzer. Similar pleas were entered by the former Klan leader’s aids, Earl Klinck and Earl Gentry. Judge James A. Collins set trial date for June 2, and then the man who is said to have made the boast of being the law in Indiana, was handcuffed to his co-defendants and taken back to jail, where he has been since his arrest April 20. Efforts of their attorneys to save them the humiliation of hearing the indictment read in open court and of entering their ' pleas in person failed.

Prosecutor William H. Remy insisted that requirements of the law in first-degree murder be carried out to the letter. Motion Overruled The pleas were entered after a motion to quash the indictment had been overruled by Judge Collins. The three then went up close to the rail, closely surrounded by their attorneys, and Judson L. Stark, chief deputy proßecufor, read the indictment, charging the men with the murder of Miss Oberholtzer, In a voice that carried throughout the . courtroom. Stephenson, clean-shaven, neatly dressed, noticeably pale, glanced to the right v and left occasionally, showing traces of nervousness. Kllnek smiled throughout and seemed the least affected of the three. 4 Gentry spent most of the time with his eyes focused on a spot somewhere near the ceiling above Judge Collins’ head. Stephenson, Klinck and Gentry were taken into the courtroom handcuffed together, and w r ere given seats in the jury box after their handcuff* were unlocked. Seated at the defendants’ table were Eph Inman, Ira M. Holmes, R. E. Johnson and Alfred F. Cowan, attorneys. For the State, Remy, Charles E. Cox and Stark appeared. Johnson and Cowan filed their appearance today as defense attorneys. Inman and Holmes already had entered appearance. Johnson and Cowan have been representing Stephenson In several other suits in which the former Klan leader is involved. Courtroom Crowded The courtroom was crowded to capacity when Inman rose and said he did not desire to argue the motion to quash. Judge Collins immediately overruled the motion and granted exceptions. Inman then said; "The defendants all are familiar with the charges of the Indictment and each count. Each one separately waives arraignment and enters „a plea of not guilty.” Remy rose and objected, pointing out that arraignment can not he waived on a first degree murder charge. Cox added: "The defendants themselves must make their plea." While defense attorneys conferred with their clients, Miss Rirdle Billman, deputy clerk, took the indictment from the files and handed it to Stark. The defendants left the Jury box and stood before Judge Collins. Stark then read the Indictment In a clear, Ifoud voice. During .thp reading, Stephenson yawned widely, patting Ills mouth with his hand. At other times during the reading of the lengthy document, he conversed with Klinck, who was standing next to him at the bar. In a whisper. Again, he smiled. The spectators watched his every move. • Gentry, however, paid closest attention to the reading. When Stark finished reading, Stephehaon beckoned for Holmes, and whispered In his ear. Judge Collins asked: "Now how does each defendant plead?” "Not Guilty” “Not guilty,” said Stephenson, In a clear, loud voice. Klinck and Gentry repeated the words. "What Is the further pleasure of the defendants?" asked Judge Collins. “That is all, your honor.” said Inman. The three defendants then were re. seated in the Jury box, preparatory to being takan back to jally Judge Collins then asked the (Turn to Page 24)

Forecast FAIR tonight;'Saturday increasing cloudiness, probably becoming unsettled by night; not much change in temperature.

TWO CENTS

DECREASE SEEN IN CRIME WAVE Chief Believes His Orders Responsible. t * Police slates Ujday show'ed a decrease In crime Thursday night. No ,hold-ups were reported and glaries were minor. Chief Herman F. Rlkhoflf believed it was result of his order to police Thursday* that while no let-up In the enforcement of the Wright bonedry law would be tolerated, banditry and thievery must be stopped. Anew styled robber made his appearance Thursday. Lynn Gray, 628 Oakland Ave., told police while he was standing at the Market St., Intersection with Monument PI., waiting for a line of autos to pass, a man pitting in the rear seat of a Dodge car reached out and took his top coat from his arm. SHANK RAPS FLIVVER LAW May Veto Prohibiting Three in Frpnt Seat. "Say, I’m sick of this kill-joy law stuff,’’ Mayor Shhnk said today in announcing he would probably veto ordinance passed by city council prohlbtlng more than three persons fifim riding on the front seat of an automobile. "Mlhat’s a poor man going to do” he asked. “Why, when I was a kid we filled the front seat of our old buggy with boys and girls and nobody was the worse for It. I don’t see anything wrong in these twocouple parties that have so much fun in the front seat of a sliver.” Ben H. Thompson, president of city council, eald he believed that body acted hastily In adopting the ordinance. He said he believed it would be Impossible to enforce.

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