Indianapolis Times, Volume 37, Number 12, Indianapolis, Marion County, 25 May 1925 — Page 1

Home Edition IS BARRY’S for Chickie dead? They reach a climax in their affairs. See back page.

VOLUME 37—NUMBER 12

FROST RUINS STATE GARDEN CROPS

NEW WITNESS INSHA WCASE

Springs Surprise When Harry Belford Identifies Defendant as Man He Saw in Old Ford With Body of Woman Beside Him. SAYS TWO MEN WERE IN AUTO HE PASSED Defense Attempts to Belittle Testimony, Saying Prosecution ‘Switched Theories’ of Murder of Mrs. Helen Hager Whelchel. By John L. Niblack Time* Staff Corrri>ondrnt .’MARTINSVILLE, lnd., May 25.—Pointing to the figure of .Jhn Thomas Shaw, colored, eroinshing among his attorneys in Circuit Court here, Harry Belfo-rd, 1801 Broadway, Indianapolis, today identified him as the colored man he saw in an old Ford automobile on the Rockville Rd. at 4 a. m. Nov. 28, 1923, with the recumbent body of a woman beside him. Belford was a surprise State witness. Shaw is fighting charges of murdering Mrs. Helen Hager Whelchel, 28, Indianapolis beauty operator, and throwing her mutilated body from an overhead bridge across Big Four Railroad tracks west of Indianapolis, close to the spot where Belford said he saw Shaw. Shaw's Defense Dead from a fractured skull, her hair matted with blood, the woman's body was found early Nov. 28. Her missing watch, found in an Indiana Ave. pawn shoo, was traced to Shaw, and Mrs. Whelchel’s diamond ring, police said, Bhaw gave to his sweetheart. Shaw says Hunky John, an Albanian, used his (Shaw’s) auto the night of the murder, and the next day gave him the jewelry. Belford told the following story: He and three others left Indianapolis at 4 a. m. Nov. 28 to go hunt(Tura (o Pago 2) % DRAWS PRISON TERM Man Hots Sentence on Charge of Child Desertion. Perry R. Bland, 31, was sentenced one to three years at the Indiana State prison today by Criminal Judge James A. Collins on a charge of child desertion. Bland is alleged to have left his wife, Mrs. Clara K. Bland. 2357 N. Talbott St., and their son, Arthur, 11, on Jan. 5, 1925.

HOURLY TEMPERATURE 6 a. m 38 10 a. m 49 7 a. m 40 11 a. tn 50 8 a. m 44 12 (N00n).... 52 9 a. m 46 1 p. m 52

Wl AHEAD of May, 1924 \ W / ' \ ,r\ (/* 1 l i \ •• ylakind \ / the Qracie </ / Last week’s Increase was bigger than K 21 # any preceding week, when local 11/ Merchants published 265 COLU..IMC, I 79,623 Agate Lines MORE Advej*- f ing in The Times than during the J me week of 1924. _ M fjsjj cal advertisers have used 745 / n5 —223,812 Agate Lines MORE I \£ ising in The Times during the f W| ) publishing days of May, 1925, # fyty/' er the same period of 1924. M s over 93 solfd pages of IN- / 3E. A wonderful tribute and a / j/yyy/ [gn that The Times is “Making I myyyYy heTimcs Jmm Ifthem Ok a disinter

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Young Bride Dead in Crash

MgaaNs

Mi's. Margaret Kathleen Maier

TWO KILLED, FIFTEEN HURT IN ACCIDENTS Girl Bride and Woman Auto Victims During Weekend. Within less than a weak after her marriage, 15-year-old Margaret Kathleen Maier lien dead, one of the sacrifices offered up to the automobile, and, police say, to the god of speed. R. D, Bo* since last Tuesday, whs fatally Injured Sun day when the auto driven by her husband collided with a car driven by Abe Black. 28, of 1108 Union St., at Raymond St. and Bluff Rd. Mrs. Maier died today at the Robert Ixmg Hospital. Her styull was fractured. Another Dead She was the second automobile victim during the week-end. Mrs. Lena Vinson. 54, of 740 N. Illinois St., died early Sunday after being struck by an automobile Saturday at Illinois and Market Sts.. Fourteen persons sustained minor injuries over the week-end. Young Mrs. Maier was the daughter of Mr. and Mrs. Samuel Kidd, R. R. D., Bo* 435. Her marriage to Maier took place in Greenfield, Ind. Black, who was slated originally on charges of assault and battery and speeding, was reslated on an involuntary manslaughter charge today and held under $2,500 bond. He was injured about the head. Woman Slated Coroner Paul F. Robinsor was investigating death of Mrs. Vinson, Sunday at St. Vincent’s Hospital. According to police, Mrs. Vinson was struck by an auto driven by Mrs. Elizabeth Jordan, 34, of 154 Spencer Ave., as she turned her auto west into Market St. Mrs. Vinson was carried on bumper of the auto and crushed against a parked car. Mrs. Jordan was charged with in voluntary manslaughter.

CITY HEADS TESTIFY IN BUS BATTLE Deputy Controller and License Clerk Take Stand to Show Motor Coach Company Complied With All Laws. SHIFTING OF ROUTES IS CITED IN RETALIATION Charges of Discrimination Also Denied as Drivers Are Put on Stand in Renewal of Hearing Before Commission. Testimony tending to show that the Peoples Motor Coach Company, in past, operations, had observed in effect all laws and ordinances covering the subject of transportation, was introduced by witnesses for the company today in its hearing before tlfe public service commission, asking authority to travel Indianapolis streets. Thomas A. Bowser, deputy city controller, and Ralph R. Boyer, former license clerk in the city controller’s office, declared operators' licenses were issued to the coach company Immediately on the filing of indemnity bonds. Will H. Latta. attorney for the Indianapolis Street Railway Company, opponents of the coach company's petition, countered with the statement that the bonds were incomplete and that bus routes had been shifted frequently. Pointing to the Brightwood line, which was bought of the Clark and Reno firm by the Peoples’ Company, Latta showed that the destinations remained the same, but that intermediate routings were shifted. James W. Noel, attorney for the coach (Turn to Page 5)

SCHOOL BOARD MAY GIVE SITE Aid Proposed for Printing Classes. Possibility that the Indianapolis school board may offer a site to the United Typothetae of America for its school of printing on the grounds of Arsenal Technical High School was indicated today by William H. Book, business director. The matter will be presented to the board Tuesday night. Book said. He said about 115 Technical High School students are taking work in printing in the Typothetae school. The school now occupies part of the Arsenal Bldg, but needs more room and may leave the city. While the board could aid but little toward erecting a building. It might grant a site with the provision that only the school proper be located on the Tech grounds. Business offices of the Typothetae would have to be located elsewhere, it is thought. i Carl Gibbs, chairman Chamber of Commerce manufacturers committee, said a committee from the Chamber probably will bee.’ Thursday or Friday to consider means for assisting in the selection of anew site for the school.

M.S. HAWKINS GIVES SELF UP Arranges for Bond for Appearance Here. Hu I'nited Prr ** CINCINNATI, Ohio. May 25. Having failed to obtain reversal in United States Supreme Court, Morton S. Hawkins reported to United States District Attorney’s office here today in accordancee With the ruling of United States Circuit Court of Appeals. Hawkins, indicted president of the defunct Hawkins Mortgage Company, was turned over td a United States marshal. He fought removal from Ohio, where he was captured after a long search. Hawkins will be permitted to give $20,000 bonds upon arraignment in Indianapolis. Hawkins arranged to gi4e *2O 000 bond tomorrow for appearance at Indianapolis when his triallis called, avoiding a trip td that citylwith the hiarshal, w-^i fU him.

INDIANAPOLIS, MONDAY, MAY 25, 1925

Stephenson Behind Bars of Small Cell at Noblesville

jtk Jim K .. I ?' gafinf

Photo by J. M. Moore, Times Staff Photographer Miss Nellie Finley, bailiff, and Judge Fil'd E. Ilines in Noblesville courtroom.

Three Accused Men Whisked to New Quarters to Wait Murder Trial. D. C. Stephenson, former grand dragon of the Ku-Klux Klan, in Indiana, and his two aids, Earl Gentry and Earl Klinck, were lodged behind the bars of Hamilton county’s for-ty-year-old jail at Xoblesville today, to await trial on a charge of murdering Miss Madlfe Oberholtzer, 28*, of 58P2 University Ave. They were removed from the Marion County Jail as a result of change of venue .granted by Criminal Judge James A. Collins Saturday. Sheriff timer Hawkins and three deputies left by auto for Nohlesville with the p/isoners shortly after 10 a. m., making the trip in forty-five minutes. It was brisk, cold drive in an open touring car and the three prisoners housed in jail since April 20, shivered in the hreeze. Prospects for trial the latter part of July were seen today following a statement of Judge Fred E. Hines, who will try the three men. “Under ordinary circumstances, no hearing would be held on the case until the October term,” Judge Hines said. “The docket now is filled up until July 22. But criminal eases have the right of way and if the defense insists, I will make an effort to hold a hearing this term of court.’ New Rule at Jail Sheriff Charles Gooding, of Noblesville, who assumed responsibility for the custody of the men upon their surrender by Sheriff Hawkins, announced anew rule at the jail, which will confine Stephenson to a narrow, single old-fashioned cell and a tiny corridor, four feet wide and fifteen feet long. Hitherto, prisoners in the Hamilton County jail had access to an outer corridor. The new oi'der which went In effect this morning requires all prisoners be locked in the upper tier of cells. "These men will be given the same privileges as the other prisoners, and *no more,” said Sheriff Gooding. Stephenson was visibly embarrassed and 111 at ease when Sheriff Hawkins introduced him to Sheriff Gooding. He took off an overcoat (Turn to Page 5) BURGLARS START WEEK Department Store On Massachusetts Ave. Is Entered. Burglars began anew week on Massachusetts Ave., with the Sablosky Department store. 804 Massachusetts Ave., the first victim. Three times last week bricks were hurled through the front windows, of this store, early today a glass was broken from a side door and forty pennies, and three suits of mens clothes were taken.

BALL PARK LEASE AGREEMENT NEAR Mayor and Club Secretary Confer on New Site for Grounds at Fall Creek and Northwestern Ave.

Virtual agreement on lease of thirteen acres of city ground at Northwestern Ave. and Kali Creek for anew baseball park for the Indians was reached today, it was announced following a conference between Mayor Shank and William E. Clatter, secretary of the Indiana polls baseball club. Alayox S4uu& *44 Lii£

PUBLICATION OF FEDERAL TAXES IS HELD LEGAL U. S. Supreme Court Holds in Favor of Scripps Newspaper. B\l lulled press WASHINGTON. May 25.—Publication of income tax returns by newspapers was upheld as legal by the United States Supreme Court today. Newspapers can publish lists of names of tax payers and the amount of tax paid, the court held. The final decision was rendered on the puhlicitj clause of the 1924 revenue act which permitted publicity of the returns but failed to specify whether or not they might be published by periodicals. In Its decision quashed the indictment returned against the Baltimore Post, a Scripps-Howard newspaper, and Walter S. Dickey and Ralph Ellis, owner and editor, respectively of the Kansas City Journal-Post. The decision affirmed the verdict of the lower court. Justice Sutherland read the decision. The income tax law made “a list of the taxpayers and the amount of tax paid” open to "inspection,” but an old clause forbidding the publication of any part of "income tax returns” was left in the statute. The internal revenue bureau issued orders that newspapers were not to be allowed to publish the lists and these two newspapers and many others were indicted at once under the revenu" act. In the decision Justice Sutherland stated: "This information cannot be regarded otherwise than as public property unner the congressional enactment.” Senator Janies A. Reed, Missouri, arguing the ease for the Kansas City paper, and Newton D. Raker, Cleveland. Ohio, for the Baltimore paper, stressed the broad constitutional question |Of freedom of the press as guaranteed in the first amendment as the governing factor in the decision. AGREEMENT IN SIGHT / Oil y Hopes In Eend Dispute Over Railroad Bridge. Agreement between the city and the Indianapolis Union Railway Company over cost of $1,500,000 Belt Railroad bridge over White River is probable this week. William Bosson, cit yattorney. said today following a conference with Joseph J. Daniels, legal representative of the company. Bosson seeks an agreement wherety the railroad would pay at least 50 per cent of the bridge, first step in track elevation plans, while the company’s plan would place burden on taxpayers.

was presented to attorneys for the city and baseball organization with the understanding that the club will pay the Interest of the bond issue of $65,000 and redeem the total amount when It is due in 1944. Interest would total nearly $75,000, It was estimated. Clauer said the Indians plan to play on the new ground^Tex^'ear

Judge Who Will Hear Case Is Widely Known Jurist. Hu Time* Special NOBLES VILLE, Ind., May 23. Fred E. Minos, judge of the Hamilton, Circuit Court, who will preside at the trial of IJ. C. Stephenson, Earl Gentry and Karl Klinck. foi (he alleged murder of Miss Madge Oberholtzer. which has been venuod from Marion county to this city, is widely known in central Indiana as a jurist. He has been on the bench four years and during that time has tried many notable cases, including (rial of Lee Klncade, charged with the murder of his father, James J. Klncade: two cases growing out of seven bank failures in Hamilton county, and the Big Four track elevation case us Indianapolis, tried at Franklin. Courthouse Old The courthouse in which Stephenson, Gentry and Klinck will be tried is forty years old but has been modernized and has every convenience. The courtroom has been the scene of many notable trials, including the will contest of United States Senator Joseph E. McDonald thirty years ugo. The jail where the defendants are to he confined when they are brought here this week has fourteen cells, with no special accommodations. Sheriff Charles Gooding said Stephenson, Gentry and Klinck would be treated the same as other prisoners. The structure is also about forty year* ago. Only one set of prisoners has escaped the jail, and they walked out of a door the sheriff had left unlocked. Youthful Prosecutor Prosecutor Justin Roberts, who will assist Prosecutor Reiny of Indianapolis, lias been in office since the first of the year. He was graduated in law from the University of Michigan a year ago and is associated with his father, J. A. Roberts. CHILD’S DEATH IS MYSTERIOUS Coroner Called Into Case by Doctor. Following the mysterious death of Marie Evelyn Grimes. 3. of 328 S. Temple Ave., today after an hour's Illness, Coroner Paul F. Robinson said he would order an analysis of the child’s stomach. According to Dr. F. E. Gifford. 717 Hume-Mansur Bldg., who reported the death, outward appearances indicated death might have been been caused accidentally by strychnine or belladonna poisoning. The girl's family could not account for this possibility. Dr. Gifford said the girl complained of pains in her legs, and could not walk. A short time later she suffered pains In tne chest, and died soon afterward. INDIANS^GAME HALTED Cold Weal Iter Prevents Opening of Columbus Series. Bv Times Special COLUMBUS, Ohio, May 25.—The opening ball game of the Indian apolis-Columbus series, scheduled here this afternoon, was postponed on account of cold weather. Today’s Louiaville-Toledo game at Toledo was postponed for the same reason. TOM MIX DELAYED Visit here of Tom Mix, movie star and his horse Tony, whs postponed until Wednesday, when word was received this afternoon tha this ar rival in Cincinnati today had been delayed by a train wreck. #le was

Entered ns Second-elns* Matter at Pnstofftce, Indianapolis. Published Dally Except Sunday.

Reports Show That Tomato and Melon Crops Are Practically Destroyed by Late Cold Wave Other Plants Shrivel Up Wheat and Corn Hurt. DAMAGE IN INDIANA WILL MOUNT INTO HIGH FIGURE Whole Mid-West Caught by Great Change in Temperature in Short Time—Low Mark for Late May Set in Indianapolis Danger Tonight.

What the Cold Wave Did Garden crops in Indiana badly damaged. Tomato and meloji crops probably ruined. Corn and wheat somewhat damaged. Lowest temperature for late May recorded in Indianapolis, 34 degrees at (> a. m. today. Temperature drops 44 degrees in 24 hours. Whole mid-west included in cold wave. Indiana temperatures below freezing.

Indiana truck patches lay in shrivelled ruins today, the result of one of the most severe late frosts in many years. Corn, wheat ami some of the other major crops also were hard hit. Agricultural experts were unable to estimate the extent of tlie damage in dollars, lmt it will run into a high figure, they said. Damage in Henry County alone was estimated at $1,000,000 by Ralph Test, county agent.

The damage was said to be onefifth of the yield of the county. Six hundred acres of tomatoes were killed and fruit, corn and wheat were heavily damaged. At Newcastle ice froze nearly half an inch thick. The Sunday night frost followed a remarkable change from torrid to frigid temperature within a few hours. Tomatoes Suffer Most Tomatoes appeared to be one of the most severely damaged crops. Plants around Indianapolis presented a sorry appearance when the sun rose. The cold wave extended through the Middle West. Saturday this territory was in the grip of extreme heat. Temperature Is expected to rise slowly today and tonight, and by tomorrow the danger should be passed There is. however, a possibility of

Cold Wave Cause of Baby’s Death Hu Times Special EVANSVILLE. Ind. May 25. —One fatality was recorded, due indirectly to the cold wave here Sunday. Mrs. Elmer Fuquay wrapped up her five-months-old baby for an auto ride. The child smothered to death.

frost, particularly .in lowlands, tonight, according to J. H. Armingtonj meteorologist of the Weather Bureau. Weather will be generally fair tonight. Only two stations in Indiana, In dianapolis and Evansville, reported temperature above freezing Sunday night. Both had 34 degrees. Loss to truck gardeners will be particularly heavy, according to re ports. Gardeners said tomato plants were ruined, and potatoes, beans, corn, strawberries, egg plants and cantaloupes were damaged. Herman Rosebroek Sr., truck gardener on the Bluff Rd., said he believed this frost was the most severe so late in the season since a frost that ruined crops on June 2, forty-one years ago. One commission merchant said damage in truck gardens in the county w’ould mount into thousands of dollars. May Have to Replant County Commissioner John Kitley, living ten miles southeast of the city In Warren Township, said potatoes and beans, and probably corn on his farm had been killed and would have to be replanted. Wheatfield and farmland, with 27 degrees, were the coldest places in Indiana. Heavy frost was reported from Paoli. Vincennes, Bloomington, Terre Haute, Farmland, and Ft. Wayne. Frost extended as far south as the Ohio River, and west to Arkansas. 44 Degree Drop • The chill wave descended upon Indianapolis Saturday evening. Temperature at 3 p. m. Saturday was 88. nearly a record for the year. At 7 p. m. it w-as 82 degrees, and. at 7 a. m. Sunday it was 50. Sliding down all day Sunday it reached 38 degrees at 7 p. m., a drop of 44 degrees in 24 hours. A low area of barometric pressure over northern Michigan, which hail drawn southern winds, and heat (Turn to Page 5)

, Forecast FAIR tonight and Tuesday; slowly rising temperature, hut frost prohably again tonight.

TWO CENTS

AIRSHIP MAY BE USED FOR POLAR RELIEF Search for Amundson in Shenandoah Is* Being Considered. Hu Vtilled Press LAKEHURdT. N. J.. May 25. The dirigible Shenandoah may go to thr rescue of the lost Amundsen expedition, air station officials Indicated here today. C’apt. George VV. Steele, Jr., the commandant, said the airship could he eonditioneil to fly to the relief of tlie polar party by the time the mast ship l’atoka, which would he its base, could reach Etah, Greenland, the logical position for such an undertaking. Captain Steele said while he had received no official word from Washington regarding the possible voyage of relief, he said he understood unofficially that such a trip was contemplated. Officers and men at the station here were elated when the report was circulated of the possibility of a polar (light. It was pointed out that plans were made last year for ne Shenandoah to fly to the North ►Vde, hut they were abandoned because Congress failed to appropriate necessary funds. NO WORD RECEIVED Hope Still Expressed for Safe Return of Explorer. Bii Ini tel Press OSLO, May 25. —With more than three and a half days elapsed since the Am mdsen-Ellsworth aerial expedition hopped off for the peak of the universe, no authentic news of the expedition’s fatf had come here up to 7 a. m., today.

INDICTMENT IN ‘MONKEY’ CASE Teacher Is Charged With Evolution Instruction. Hu I nit cd Hrrnn DAYTON. Tenn., May 35.—John T. Scopes, science teacher of the Dayton High School, was indicted by the i Rhea County grand Jury today in the lirst test case aga'nst Tennessee's antievolution law. The true hill was based on evidence furnished by students who took science courses under Scopes at the last term. The opening date of the trial was tentatively set for June il, A dozen witnesses, including students taught by Scopes In his science class, were ready to tell how the defendant went out of his way and purposely spoke on Darwin'a theory so as to establish a test case of the State's anti-evolutionist laip. After listening to a brief charge by Judge J. T. Raulaton, county Prosecutor S, K. Hicks Introduced his witnesses.