Indianapolis Times, Volume 37, Number 34, Indianapolis, Marion County, 19 June 1925 — Page 1

Home Edition CHICKIE faces an ordeal before the coroner as the inquest into her baby’s death begins.

VOLUME 37—NUMBER 34

SUICIDE,' IS STEPHENSON DEFENSE

4 Polar Continent Myth, 9 Amundsen

SPECIAL TRAIN CARRIES BODY OFLAFOLLETTE From President Down, Nation Praises His Ability and Courage. (CAMPAIGN CAR TAKES HIM HOME Picturesque Senator Will Lie in. State. Bv United Press WASHINGTON, June 19.—The Nation today paid tribute to Robert M. La Follette, who died Friday, in hundreds of telegrams to members of his sorrowing family. Submerging party lines, there was unanimity of praise, from the President down, of the late statesman’s untiring ability, courage and devotion. La Follette will be borne back to his home at Madison, Wis, in the private car Commonwealth, in which he toured the country In his last campaign last year. The funeral train will leave here at 3 p. m., as the advance section of the Caiptol Limited of the Baltimore & Ohio Railroad, reaching Chicago about 8:30 a. m. tomorrow. The train will be switched there to the Chicago & Northwestern tracks and proceed immediately to Madison, arriving there about Ip. m. The train will virtually run as a special. There will be no one aboard it except members of the La Follette family, close personal friends and members of the congressional delegations. Senator La Follettee's body will lie in a coffin on a catafalque in the parlor at the real of the Rtrain. The congressional delegation has not been appointed as yet. In the cpltaol building at Madison, where he served three terms as Governor, amid the scenes of his early beginning. La Follette will lie so that his countless friends may pay him a last farewell. BLAINE TO SENATE Wisconsin Situation More Intricately Tangled Now. Bv United Press MADISON, Wis.. June 19.—The party of Senator Robert M. La Follette, which within a short quarter of a century grew to be a formidable factor in national politics, today faced an uncertain future, leaderless and disorganized. Harassed by internecine factional strife and lacking unity which the commanding personality of the dead (Turn to Page 22)

SAPP ELECTED BY ROTARIANS Indiana Governor Given International Honor. By United Press h CLEVELAND. Ohio, June 19. ■ Donald A. Adams, New Haven, Conn., has been elected president of the Rotary International, in convention here, it was announced today. Adams received 1,466 votes as against 453 polled by Paul H. King of Detroit, his only opponent. Announcement of the election of seven members of the international board of directors was also made. They are: Arthur H. Sapp, Huntington, Ind., Indiana district governor; Hart I. Seely, YVaverly, N. Y.; Harry H. Rogers, San Antonio, Texas; Dr. Harry S. Fisn, Sayre, Pa.; Carl L. Faust, Jackson, Miss.; A. F. Graves, Brighton, England, and Charles Burchell, Halifax, N.' S.

HAPPER FANNY s&yy I ' tiM4 WV ntA semnee, me. (P

Love may laugh at locksmiths hut not at grocery bills.

The Indianapolis Times

Explorer Convinced No Undiscovered Land Exists at Cap of World, He Wires Norwegian Government — Worn Fliers Nearing Oslo. Bv United Press OSLO, June 19.—Roald Amundsen, after four weeks at the 6ap of the world, is convinced that there is no land In the Norwegian sector of the Polar basin. Returning to Oslo today from King's Bay, Spitzbergen, where he dramatically appeared yesterday he sent the following message to the Norwegian Government: "Permit me to com iunicate after flying and observing an area of 160,000 square kilometers we have not found land. Measures of the northernmost depths cause me to suppose with certainty that there is no land In the Norwegian sector of the polar basin.’’ Oslo was In carnival garb, with flags flying and crowds In the streets, to toast the daring explorer and his strong-hearted pilot, Hjalmar Riiser-Larsen, as national heroes, on their return. As details of Amundsen's exploit in flying to within apparently less than 200 miles of the north pole began to reach the public, the feat was received as a national triumph. Advices received here said the party was proceeding to Oslo on board the steamer Heimdal from King’s Bay, Spitzbergen, where the fliers arrived yesterday. The Norwegian parliament paid tribute to Amundsen and adopted a resolution to forward congratulations to the explorers. Meantime. Mrs. Riiser-Larsen, wife of Amundsen’s pilot, whose home is in Oslo, was honored by the townspeople. Advices here describe Amundsen, Ellsworth and the four other members of the party as greatly (Turn fto Page 22)

America’s Turn to Discover

Du United Press Opportunity for American discovery of anew continent in the Arctic regions—if such land exists—is still open to Donald MacMillan. Roald Amundsen failed to find land in his epochal flight toward the pole. Returning, after thrilling adventures in the northern ice fields, Amundsen brought reports of soundings, confirming previous observations of the ocean's depth in the Arctic region. H 6 probably came closer to the pole than any explorer, save Peary, who teached it, but first reports from Amundsen's expedition bring no information .to detract from the mission upon which MacMillan and his associates set out tomorrow. “Still Risky” The difficulties ahead of MacMillan and his party, after they take to the air in the na' al airplanes, are now clearly brought to the fore. The New York World, in com-, menting upon '“Amundsen’s heroic failure,” points out that “air navigation is still a risky method of penetrating the frozen north.” "Fog prevented him from making indispensable observations; winds slowed his speed and pushed him from his course; nowhere among the jagged floes of the polar cap could he find a suitable landing place, and when he alighted, his planes were immediately locked tight in a freezing sea lane.” MISSING MAN BACK Joseph Wagner Returns—Family Feared Suicide. Joseph Wagner, 28, of 1625 N. Jefferson Ave., returned home today. His family notified police of their seers he had committed auicide when his coat and hat were found on the banks of White River, Wednesday, he river was dragged. KILLS WIFE’S FRIEND Estranged Husband Also Wounds Spouse and 8e F .f. By United Press CHICAGO, June 19. —Maddened because his estranged wife would not speak ti him, Charles Hemmerle, 48, a laborer, today shot and killed one woman, wounded his wife, and then sent a bullet through his head. He. is expected to die. The dead woman, Mrs. Rose Gillard, was a friend of Mrs. Hemmerle with whom she had been living since the separation of Mr. and Mrs. Hemmerle. MAY DELAY DEDICATED 'Dedication of Rhodius Park swimming pool, scheduled for July 4, may be postponed until the following week at request of women in that neighborhood, R. Walter Jarvis, superintendent of parks, said today. HOURLY TEMPERATURE 6 a. m 6110 a. m 73 7 a. 68 11 a. m 74 8 a. ip..,.. . 68 12 (noon) .... 76 9 a. m 71 1 p. m 78

BUILDING TO BE ERECTED FORy FC. Officials Sign Twenty-Five-Year Lease for Space in Proposed $2,000,000 10Story Structure on N. Meridian St. Site. NEW COMPANY IS TO HANDLE CONSTRUCTION Chamber of Commerce Has Option for - Purchase — ' Bowman Elder in Charge of Deal-Work to Start in Two Months. The Indianapolis Chamber of Commerce within a year will have anew home in a ten-story $2,000,000 Chamber of Commerce Bldg, to be erected at 316-320 N. Meridian St., officials announced today. The tenth floor and part of the ninth floor of the new building, on the present site of the Inter-South-ern Life Insurance Company, will he occupied by the Chamber of Commerce, according to terms of a twenty-flve-year lease, signed by Frank B. Fishback, president, and John B. Reynolds, general secretary of the Chamber. The remainder of the building will be devoted to office space, with storerooms on the first floor and a garage in the basement. By terms of the lease, the Chamber of Commerce can purchase the entire building within fifteen year*. Company Formed

The new structure is to be erected by the Chamber of Commerce Building Company, just formed, with these officers: George C. Forry, Jr., president; George B. Elliott, vice president; C. Milton Kelly, treasurer, and Bowman Elder, secretary and assistant treasurer. The company is incorporated for $1,800,000 capital, of which $1,200,000 is preferred stock and $600,000 common. Details of the transaction were handled by Elder, realtor. The price for the site was $313,000, while the cost of the building will be about it is said. Detailed plans are incomplete. Work on the building is expected to start within two months. The ground upon which the structure will be erected has an eightyfive foot Meridian St. frontage, and a depth of 195 feet. It includes the Inter-Southern site, and the ground occupied by an apartment building to the north of the Insurance Company. The Chamber has sought a new' location since selling its present home, 28 S. Meridian St., to L. S. Ayres and Company In 1923. In its new offices 18,000 square feet of space will be available, in comparison with its present space of 16,000 square feet. The lay-out of the building will be influenced by the top floor plan. According to Fishback, on the tenth floor will be general offices of the Chamber of Commerce, committee rooms, the case, kitchens and lounge. Additional offices will occupy part of the ninth Aoor. Space Spoken For Elder, w’ho will manage the building, has announced that one half of the remaining available office space has been spoken for. The Inter-Southcm homo, which overlooks University Fark, was erected about 1880 by Harold Hibben, founder of the Hibben-Hollweg Company. It was occupied for many years as a residence. After the Chamber of Commerce sold its present building, a committee, headed by Charles F. Coffin, a former president, was named to secure anew home. Many sites were viewed, but all rejected, and the committee was finally dissolved. The board of directors made Itself a committee to select a site. Transfer of the site from the Inter-Southern Company was obtained this week by Elder. The present Chamber of Commerce was organized in 1912, when the Indianapolis Commercial Club, the Trade Association, Freight bureau. Manufacturers’ Association, and the Adscript Club consolidated. The new building will face the southernmost end of the Indiana War Memorial Plaza. It will be just south of the Indianapolis Athletio Club. NO DIRIGIBLE AVAILABLE Word has been received by E. J. Barker, secretary-treasurer of the State board of agriculture, from the Navy Department that neither of the United States dirigibles, the Los Angeles or the Shenandoah, will be available for exhibition at the State fair this fall.

INDIANAPOLIS, FRIDAY, JUNE 19, 1926-24 PAGES

While Attorneys Wage Fight for Bail

a Sffrile out of /A mto the limelight by "D.C.S." ™ Hia.l broke into their rtnall fi Family circU, M* and.Hrj. George Obef no! i;ter atiitiieir son,Marshall leemeA v© cUni to ona nU .. 'U. courtnxjm at Nobiesville

Sketched at the Stephenson Ball H earing in Noblesville Circuit Court b y Paul Kroeaen, Times Staff Artist.

TEAPOT OIL LEASES APE UPHELD

FAIL TO BUDGE FAIMAN CHARGE; CROWE RESTS n apper Doctor Stubbornly Sticks to Accusation of Shepherd. Bv United Press CRIMINAL COURT, CHICAGO, June 19. —The State rested its case in the Shepherd germ murder trial shortly after noon today, with Dr. C. C. Falman, head of a bacteriological school as the last witness. Faiman stubbornly held to his story that 'William D. Shepherd promised him SIOO,OOO in return for typhoid fever germs, which the State charges the prisoner gave to his ward, Billy McClintock. Wililiam Scott Stewart, chief counsel for Shepherd, cross-examined Faiman relentlessly, trying to show him testimony yesterday differed from previous statements that he had made. Shepherd Restless Before beginlng with presentation of their defensive evidence, attorney for the accused man said they would put Shepherd on the stand in his own defense next Monday. “I'm all mixed up," the suave young doctor admitted once. But when Stewart tried to take advantage of the confession, Faiman replied: “If I have made any mistakes they were previous to yesterday. What I said yesterday was true. You are just trying to mix me up. - ’ Shepherd, growing restless and impatient to know his fate, enjoyed Faiman’s predicament. He smiled when his accuser admitting being “mixed up.” It is Shepherd’s contention that he never saw Faiman before Billy’s death. Faiman was saved from another line of embarrassment when Judge Thomas J. Lynch ruled that defense could not show the jury what Faiman’s past record had been so long as it had not direct bearing on the present murder charge. Opposing counsel argued for more than an hour on the point before court opened and the defense finally lost. “Where did you get the germs?” Stewart asked. “From the city health department,” Faiman replied. Attacks Reputation “Did you write out an application?” “No sir, that wasn't necessary.” “You just went over to the health department said 'Give me some germs ’ and they handed them out Is that right?” “Yea sir, that’s right.” Stewarts next line of attack was an effort to show Faiman obtained alcohol and narcotics under the protection of his hospital and had sold both in violation of law.

Sinclair, Millionair Oil Operator, Scores Important Victory Over Government in Wyoming Federal Court —Decision Pleases There. Bv United Press CHEYENNE, Wyo., June 19.—The lease of the Mammoth Oil Company, on the Teapot Dome naval oil reserve in Wyoming, was held legal by Federal Judge T. Blake Kennedy In a decision announced here today. Judge Kennedy’s decision was given in the Government suit to break the lease on the ground it was obtained by Harry F. Sinclair from Albert B. Fall, then Secretary of the Interior, through fraud and conspiracy. Decision Pleases Harry F. Sinclair, organizer of the company which held the lease was looked upon as a benefactor by a majority of Wyoming residents. They argued that Sinclair’s offer for the reserve was the best that could be obtained from the independent concerns and that his development of the 9,000 acre tract and the construction of a pipe line into Missouri meant development of the State’s oil industry. Owen J. Roberts and Atlee Pomerene, Government counsel, were at a disadvantage during trial of the suit last March, but In spite of this, they put up a hard battle. Those who heard the proceedings were of the opinion that the two attorneys were making a splendid fight with the weapons at their command. Ends Three Year Battle In a lengthy decision, comprising approximately 20,000 words. Judge Kennedy ruled that the government had failed to prove its evidence sufficient to nullify the lease. Judge Kennedy's decision ended three years of political controversy and lltigatlox arising out of Fall’s action in leasing the oil-bearing structure to Sinclair’s Mammoth Oil Company. The decision came three months after attorneys for opposing sides had argued the legal and highly technical aspects of the lease before Judge Kennedy in Federal Court here. CYCLES FOR INSPECTORS City Health Department Force Will Be Reduced. Force of inspectors in the city health department will be reduced from twenty-one to eight members through equipping the personnel with motorcycles. Mayor Shank announced today following a conference with Sol Schloss, president of the board. Ir.-pectors will be uniformed, according to Shank. Net reduction In expense to the city will be $16,000, he said.

WITNESS TELLS HOW AKRON BUS SYSTEM FAILED Hearing Adjourned by Commissioner Till Saturday. Although recent motorization ’ of all transportation in Akron, Ohio, was a fllure, combination of street car and busfeeder service has been satisfactory. Ernest V. Atchley, official of the Akron street railway, testified today before the public service commission as a witness for the Indianapolis Street Railway company In Its fight against motor busses. Atchley said bus transportation caused terribly congested traffic. Cross-examined by James W. Noel, counsel for the People’s Motor Coach Company, Atchley admitted that traffic In Akron during the bus regime was no worse than that at Columbus Circle, New York City, said to be the busiest spot in the world. Atchley told Commissioner Clyde H. Jones, presiding, that the Akron Railway Company is now operat eighty-fl r e feeder busses, in addition to the regular street car service. He said the feeder service has proved satisfactory. Commissioner Jones adjourned the hearing until Saturday, in order to attend to other affairs which have been alllowed to lag because of the time consumed in the local transportation fight. He said the hearings positively would be completed Saturday noon. END OF BRIDGE SQUABBLE SEEN Belt Officials Expected to Yield at Conference. Indianapolis Union Railway officials today will yield to the city’s demand that the company pay its proportionate share of Belt Railroad bridge construction, it was predicted today. With a conference asked by the railroad company scheduled at 2 p. m., emanating from the railroad company. It was believed final agreement would be reached on payment forthe $1,500,000 bridge over White River, the last step to be taken befor the city's $14,000,000 track elevation program is begun. Following the city's demand that the Belt Company assume burden of at least 50 per cent of the total, a deadlock followed. Company officials have bten considering the matter for six weeks.

Entered as Second-clasa Matter at Poatoffice, Indiauapolli. Publlthed Dally Except Sunday.

Final Arguments Begun in Hearing to Release Trio on Bond—Judge May Give Decision on Question Late This Afternoon. DEFENSE NOT IN GOOD FAITH, REMY SAYS IN FIERY SPEECH Declares Madge Oberholtzer Would Not Have Taken Poison Had' She Not Been Treated as State Says She Was. By Indianapolis Times Leased Wire CIRCUIT COURTROOM, NOBLESVILLE, Ind., June 19. —Madge Oberholtzer took poison without the aid, knowledge or connivance of D. C. Stephenson, Earl Gentry or Earl Klinck. So said defense attorneys today in final argueraent on the hearing to release the trio on bail. And the State, which seeks to hold the men in Hamilton County jail until they are tried on a charge of murder, as bitterly replied: Madge Oberholtzer would not have taken poison if she hadn’t been treated as the State alleges she was—kidnaped and put aboard a train for Hammond, attacked and humiliated.

Shaking his fist in the faces of Stephenson and Eph Inman, chief counsel for the defense. Prosecutor William H. Remy dramatically said: “The defense does not care if the defendants are released on bond. AU they want is to be better prepared when the trial comes. This hearing was for the primary purpose of uncovering the State’s evidence and in that they have been partly successful. But they did not produce ail the evidence, in any sense.” The arguments may last six hours. That amount of time was alloted by Judge Fred E. Hines, who will decide whether the men are to be released. Whether the court makes an immediate ruling or will take the matter under was uncertain. Assail Statement Defense attorneys bitterly assailed the dying statement of Madge Oberholtzer and the indictment, arguing that the charges are oot sufficient to justify the indictment and the defendants are entitled to ball. Attorneys for the State vigorously defended both documents and Insisted that they fully warrant the charge of first degree murder, which, under the Indiana law, does not permit defendants to be admitted to bail. Floyd Christian opened for the defense. As in hearings of the past two days the case drew a capacity crowd. There were many vacant seats when the hearing opened, but the room filled rapidly and standing room was soon at a premium. However, the crowd was ,a restless one, and the technical legal arguments faded to hold Its Interest. Asa result there was constant flow of spectators out of the room, their places immediately being taken by new arrivals. For the first time the Oberholtzers did not occupy seats at the State's table, but took seats just outside the rail. Mr. and Mrs. George Oberholtzer the young woman's parents, and her brother Marshall, sitting together. Fiery Speech Prosecutor Remy made a firey speech. He frequently called Inman, wheel horse of the defense, to answer in his argument why all the State witnesses w'ere not called. “Counsel for the defense, for their own purposes, said this is a question of law. It Is a-question of fact, a question of whether the State has enough evidence to hold these defendant in jail.’’ “The defense has not been hi good faith in this hearing,” he said. “They have produced some of the States witnesses, no't all. They did not produce aJI the evidence t lie wtinesses might know. They did not dare to do so. If they were in good faith, for Instance why did not the defense ask Mrs. Shultz who the man was that brought Madge Oberholtzer home dying? Would Point Him Out “They knew she would point *o him, and say there he sits. If in good faith, they would have brought out the condition of the girl when they brought her home, and not left it to the State to elicit, over their objections. “They would not have objected to the dying declaration which is part of the evidence. “This thing happened in a Hammond hotel. It happened on a train. Where is tlrat train crew, Mr. Inman? You must have known the Mate will use those men as witnesses. Their absence is unexplained. Where Is the conductor? Where is the porter? They were out in the corridor waiting to testify, and the burden is on the defendant in this hearing to produce all the States evidence. ‘‘They objected to producing the statements of a dying girl, facing Eternity, knowing full well she was about to face her Maker, and no

Forecast Generally fair tonight and Saturday; somewhat warmer tonight.

TWO CENTS

thangs to the defenndant, Is now before this court. Does it look like they wanted all the evidence before the court?" Stephenson Unmoved Stephenson read a newspaper and chewed gum during the first part of Remy’* argument, while the Oberholtzer family sobbed, in company * with a score of women in the room. “Do you suppose she would ever have taken poison if never kidnaped. maltreated, attacked, drugged and insulted by men whose flourished revolvers caused her to fear tnem," asked Remy. “Everything In tills case points to the fact she was a good girl, and whenever such a girl finds herself in such h condition, ' 1 say there is a casual connection between the death and the rest of It. I agree with Mr. Christian that it is time to get hark to common sense and the question of right and wrong, and find out what caused the death of Madge Oberholtzer. “Any good girl of decent parentage. good home and derent associates would have done the same, therefore I say her act was the natural, probable result of such doings. “They lay stress on the point he offered to take her to the hospital as his wife. Os course, she didn’t have to go under such conditions, and even though suffering mortal agony, refused to do anything like that to compromise her honor. In Their Charge “There never was a good faith offer of medical aid. They gave her a drink of milk, and then thought their duty to her was discharged, I suppose. These men had taken charge of her of their own volition. She was away from home, without money, in their control and at their pleasure. “They put her in an auto and, although she screamed in agony for a doctor, they refused, and drank liquor among themselves on the way. At this point Stephenson became Interested In the argument and laid down his newspaper. Later he said, “The boy is falling down today. He doesn’t have his inflection quite right to some points." Cites His Theory Remy then explained to Judge Hines his theory of the murder. “If your honor came into my office and said, ’l’m dying,’ I would be under no obligation to you. But if you came into my office and said, ‘l’m dying. I am going to call a doctor,” and I said,’ oh, no Judge Hines, you sit right here,’ and locked door and you died, I would he guilty of murder. That’s the law and I will cite the cases at the trial.” “Your honor, she met him in company with the Governor of the State of Indiana. She met him in company with responsible people She had every reason to believe he would do her no Injury. She trusted him," said Remy In closing. Ira Holmes, who followed Remy, tried to prove to Judge Hines that the Oberholtzer death was a case of suicide only. “There is no doubt that the cause of her death was suicide by self-administrated bichloride of mercury, as shown by the coroner’s verdict,” he said. “If they had forced her with drawn revolvers to take the poison, these defendants would be rightfully charged. Her statement, however, shows she wns a free agent. She obtained the poison. She was alone in a hotel room from 10 a. m. to 4 p. m.. when the chauffeur came in and she swore him to secrecy.” Cites Cases Holmes cited many cases to Judge Hines which he said were similar to this one. “There Isn’t any evidence In this case at all. Stripped down the evidence ia Madge Oberholtzer s state(Turn to Paco 22)