Indianapolis Times, Volume 37, Number 10, Indianapolis, Marion County, 22 May 1925 — Page 21

F&IDAY, MAY 22,1925

BUS OPERATION SAID ILLEGAL (Continued From Page 1) rf)f the coach company's petition as evidence. Latta’s summary of the street railway company’s case was as follows: 1. Petitioner has not operated as a common carrier, has specifically denied common carrier service and has instructed its drivers not to accommodate colored persons. 2. Operation not authorized by law and in violation of 1913 motor vehicle law, wWch was in effect when the People’s Company entered the transportation field, requiring that a contract must be entered into between the municipality and the carrier, hear publicly and published. Latta also sought to show that the People's Company had failed to observe the local jitney bus ordinance. 3. That the company ha3 violated the statutes in using Monument Circle as a station. 4. That the company is violating the State constitutional clause on personal privileges. Latta was leading to the point of questioning the general constitutionality of the act when Commissioner Jones interrupted him to ask: “Don’t you think that is a matter for the courts to decide?” At the morning session opponents of the Peoples company concentrated their efforts on attempting to prove that company officials had denied that it was a common carrier and that colored people were refused ipermlssion to ride on busses. * ' The first witness was Mrs. Lena Gray. 975 N. Emerson Ave., colored. She testified that on March 28 after an argument with a bus driver, during which she had forced her way into the bus, after the driver had told her to stay opt, she had talked to A. Smith Bowman, president of the company. , Bowman Quoted Mrs. Gray said Bowman told her she could ride, then added. "But I don’t have to let you ride, as my busses are not common carriers." Edgar Cyrus, formerly a driver for the company, was the next witness. “Mr. Bowman said we had to car-

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ry colored persons, but It would drive the white trade away.” he testified. ‘‘He oaid hot to see them unless they were standing on corners where white passengers were waiting to get on.” On cross-examination by Noel, Byrus said no colored persons ever had attempted to ride in his car. Walter C. Smith, 531 E. Miami St., formerly a driver for the company, testified that Robert Huff, assistant superintendent, had told him not to haul colored people if he could avoid it. He said he had seen only one colred person waiting for a bus. Emmet Brasier, 617 Sanders St., formerly a driver, testified that Superintendent Frank White -had instructed hi mto go by colored persons if possible. He said he never had seen any waiting for a bus. John McGee, 1240 Massachusetts Ave., who was the driver who had trouble with Mrs. Gray, was the next witness. He testified that, following the trouble, he reported the matter to White. “He said it was up to me,” McGee said. “He never ordered me not to let colored people ride.” McGee said Mrs. Gray had him arrested, but that he was discharged in city court. Ex-Driver Heard Harry Sturgis, 1908 N. Keystone Ave., formerly a driver, said that during fourteen months’ service for the company only about fifteen to twenty colored persons had presented themselves as passengers. He said there had been no controversy and that he never had received any directions regarding colored passengers. James L. Webster, Kalamazoo, Mich., formerly a driver, said that White, Huff and Bowman had told him not to stop for colored passengers unless they were waiting on corners with white passengers. William E. Conour, 2160 N. Hawthorne, and his wife, testified as to the controversy between Mrs. Gray and the driver, who they said was not McGee. In other respects, they substantiated both Mrs. Gray’s and McGee’s testimony. Samuel Parker. 421 E. Pratt St., colored, testified that on April 16 a bus passed by him at Emerson Ave. and Tenth St. He never was refused passage at any other time, he fcaid. Samuel E. Gray, colored, 975 N. Emerson Ave., owner of a barber

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shop, testified he was refused a ride by the driver of a bus at a regular stop in front of his home. Gray said the driver shook his head when he tapped on the door. The driver told him “that’s orders from the boss.” Case in Court Gray said the same driver told Mrs. Gray that it would cost her 50 cents to ride. Gray said he had the driver arrested for discrimination, that he pleaded guilty and received a suspended fine by City Judge Delbert O. Wilmeth. Gray said he then took the matter to Bowman, president of the motor coach company, and that Bowman offered to provide a letter that would assure him and his wife admittance when p osented to the driver. Gray said his wife had /trouble with bus drivers continuously thereafter. Other colored wl nesses who told the commission they had been refused entrance to People's Motor Coaches were the following: Miss Lillian Mason, colored, 1206 Erehart St.; Miss May Bertram, 5113 E. Pratt St.; Robert Helms, 127 Puryear St.; Miss Emma Harris, 2391 Sheldon Ave.; Miss Lula Jones, 903 N. California St. and Levi Miller, 2153 N. Kenwood St. Archie Dorsey, colored, 4190 Central Ave., said that a bus had “passed him up" at Central Ave. and Thirty-Fourth St. on one occasion. At the conclusion of the morning session Henderson said that he had about fifteen more witnesses to examine on the question of discrimination. To Delay Verdict No immediate decision either In the case on the hearing today or on the petition of Hiner's Red Ball Lines, Inc., to operate bus lines to South Bend, Clinton, Greensburg and Crawfordsville, which was heard Thursday, is expected. The testimony will be reviewed carefully, it is said, and then a tentative plan submitted to the entire commission. It is believed that regardless of

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the outcome of the case before the commission, an appeal to the courts is inevitable untimately. Filed May 4 The petition of the coach company filed May 4 asked for certificates covering lines already in operation from Monument Circle to Riverside park, on E. New York St. to Brightwcod and on Central Ave. It also asked additional lines on Park and Carrcltoi* Aves. north on Capitol Ave. and north on Meridian St. and along W“stfield Rd. to Broad Ripple op Churchman Ave. and Madison Ave. Two da. later the street car company countered with a petition asking certificates for routes almost exactly the samo as those now used by the coach company. The next day it entered a protest agianst any grant to the coach company, asserting that the company was operating illegally, and that the investment of the street car company was jeopardized by the coach company’s aetviities. The coach company struck back. May 15, with a protest against a grant to street car company, on the ground that the car company was interested only in driving the coach company out of the competitive field, to kill competition and either abandon bus service or increase fares. Alternate Route In event the commission refuses permission to operate on boulevards the coach company has submitted an alternate route for the Capitol Ave. and Meridian St. lines. This route would run on Meridian St. to Twen-ty-Fourth St., west to .Illinois, north to Twenty-ninth, west to Kenwood Ave., north to Fortieth St., weet to Capitol Ave. and north to FortySecond St. 10 to 7 cents. City of Indianapolis was represented by James M. Ogden, corporation counsel, and William Bossor.. city attorney. Jones asked the city delegates to bring to the hearing all maps and

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data pertaining to the thoroughfare plan, drafted in 1923 by J. Rowland Bibbins, expert city planner. Shank’s Stand Mayor Shank, in a letter sent a few days ago to the public service commission, defined the city’s Attitude as opposing issuance of franchises to motor bus companies to operate on streets where service is afforded or contemplated by the Indianapolis Street Railway Company. On the other hand, he maintained the street railway company should be refused permission to operate busses on streets served by independent operators of motor driven common cariers. Shank’s letter expressed belief that bus fares should be reduced from

TIGHTEN NET AROUND SHOW (Continued From Page 1) man Rodamacher, John Mullin, supervisor of detectives at the time of the murder: Harry McGlenn, Jesse McMurtrie and Noble Allen. * They testified as to finding blood on Shaw’s car, which they said he explained by telling them another colored boy, working on the car, had cut his finger. They told how they found the girl's watch at a pawnshop on Indiana Ave., and how they traced it to Shavy. and his conflicting stories when they questioned him. Mullin Grilled Mullin was severely cross-examined by Silas C. Kivett, Martinsville attorney and chief counsel for Shaw. “Shaw after various conflicting stories finally said he went to the house of Hunky John, an Albanian, the night of the murder about 11 o'clock and got beastly drunk," Mullin testified. “That he slept about thirty minutes while Hunky used his auto. He said he got the

girl’s watch and ring from Hunky John the next day.” “Your testimony in the other trial,” thundered Kivett, “makes no mention of Shaw being beastly drunk, and you said Hunky John was gone for about two hours.” “That’s been a year and a half ago. I’m telling the same story as I remember,” Mullin retorted. Attorneys Clash Kivett and Remy also clashed and were cautioned by Judge Joseph H. Williams. Remy charged Kivett with being “unethical in trying to make a record.” The courtroom was crowded. Thursday afternoon spectators blocked stairs and doors, climbed posts and sat on the judges bench

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to catch a glimpse of Shaw or hear Kivett cross-examine the State witnesses. Kivett’s efforts to confuse the latter are greatly appreciated by the crowd, and Judge Williams had to rap for order frequently. As Shaw was leaving the courtroom Thursday an elderly matron thrust a handful of chewing gum into his bunds as detectives were slipping the hand cuffs on him. Shaw asked for newspapers. Good Progress Despite the Intense heat and stuffiness in the little built in 1860, the State made good progress Thursday. Eleven witnesses were put on the stand, including former associates of Shaw along Indiana Avenue, and his

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sweetheart, Cora Lee Smith, to whom the State claims, he gave the Whelchel girl’s diamond ring the night after the murder. Night life along the avenue was described by Jerry Eyke*. who pawned .he watch; James “Ape Face" Kelly, who gave it to him aftsr Shaw left it with Kelly; Fred Grady, who was with Shaw the night of the murder until 11 p. m., and John Johnson and Richard Garnett, who testified they were drinking white mule with Shaw the night of the murder and the next night, when they saw the girl’s • jewelry. Kivett asked each of the colored witnesses if Shaw’s clothing was bloodstained the night after the murder. All replied “No.”

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