Indianapolis Times, Volume 37, Number 142, Indianapolis, Marion County, 14 October 1925 — Page 1

Home Edition MR FIXIT is at your serv ice -at the City nail. Write to him, care of The Times. He will get action.

VOLUME 37—DUMBER 142

STEPHENSON JURY PROGRESS MADE

Auto Invasion Halted By Supreme Court

RAIN POSTPONES DECIDING GAME

JUDGE COLLINS ASSAILS POLICE OF CITY AGAIN Reflection on Liquor Division for Not Doing Duty, Says Court. WOMAN FOUND GUILTY Two Patrolmen Say They Never Got Complaints. Judge James A. Collins in Criminal Court today continued his attack upon inefficiency of the Indianapolis police department prohibition division, which he says exists. Two district patrolmen appeared before C'ollinse in connection with the case of Mrs. Agnes Traylor, 1350 Blaine Ave., charged with blind tiger operation. The judge sustained the SIOO and costs fine given her in city court June 3, and increased her thirty-day Indiana Women's Prison sentence to sixty days. , The woman was arrested by deputy sheriffs. The case was first called Friday, and continued until today. It is Collins’ contention that arrests within the city limits should be made by police, not by sheriffs. Reflection on Police “I cast no reflection upon the sheriff’s office for doing its duty, but the reflection is upon the police department for not doing its duty. This woman is guilty and viciously guilty of maintaining a public nuisance,” Collins said. Witnesses had a statement signed by persons living in the Blaine Ave. vicinity in court. The statement said in part: “We will state that police have been called to this locality numerous times to make investigations. We will also state that people have seen police loafing around this place, and that they have been taken from this locality in an intoxicated condition.” No Complaints to Patrolmen The district patrolmen, T. B. Brown and Small said that they knew of the place, and passed it at least once a day, but had no complaints, and had seen no law violation. \ “The persons who made complaints probably talked with Capt. William Paulsell, who obtained a search warrant and sent one of his wonderful booze squads,” Collins said. Captain Paulsell denied ever having received a complaint on the Blaine Ave. address. Mrs. Helen E. Campbell, who formerly lived upstairs in the house occupied by Mrs. Taylor, said she had seen drunken men corning and going at the place. She said she had called police and one of them had accused her of being drunk. Other neighbors testified similarly.

ADMIRAL SIMS ENTERSAIR ROW Former Commander Raps Navy Administration. if 1/ United Press WASHINGTON, Oct. 14.—Admiral William S. Sims, retired commander of the United States fleet in European waters, during the World War, and a hero of a contest twenty years ago between himself and the Navy Department over gunnery, entered the aircraft controversy before the special air inquiry board here today. The Navy today is without a definite air policy or a real air organization, he said, and without a policy no real use of the airplane can be made. “I don’t agree with Colonel Mitchell’s unified air service proposal, but he is a bully good fellow and has done inestimable service in bringing the question before the public, and before an impartial air board like this,” said. EUGENE BANDOW DEAD Bu United Press LONDON, Oct. 14.—Epgene Sandow, famous "strong man,” who has appeared in vaudeville throughout the world, died here today. His death followed the bursting of a blood vessel in the brain. HOURLY TEMPERATURE 6 a. m B 5 10 a. m 56 7 a. m 64 11 a. m 68 8 a. m 65 12 (noon) .... 60 9 a. m 66 1 p. 60

n TM ~W TANARUS 1 • Ihe Indianapolis 1 imes COMPLETE WIRE SERVICE OF THE UNITED PRESS WORLD’S GREATEST EVENING PRESS ASSOCIATION

Commissioner Landis Lets Fans Sit in Downpour for Half an Hour Before Making Decision Resume Series When Weather Permits. By Henry L. Farrell United Press Htnff Correspondent FORBES FIELD, PITTS BURGH, Pa., Oct. 14.—Rain, which had been falling heavily for almost an hour caused a postponement of the seventh game of the world’s series between the Pittsburgh Pirates and the Washington Senators here this afternoon. Commissioner Landis kept thousands of fans tvaiting in exposed sections of the stands while he deliberated for thirty minutes whether the game could be played. The long wait angered the soaked fans and several vocal demonstrations aaginst the commissioner were, made from the stands. The series wil be resumed here just as soon as the weather permits. Nick Altrock and A1 Schacht came on the field with umbrellas and rubber boots and pulled the swimming act while the crowd waited for Landis to give the word. COAL CRISIS NEARING? •John L. Lewis Says Situation Is Becoming Critical. Bu United Press ATLANTIC CITY, N. J., Oct. 14. John L. Lewis, president of the United Mine Workers of America, told the convention of the American Federation of Labor today that the American people are being lulled into a fatee sense of security regarding the fuel situation which is "becoming more and more critical.” The convention, by a rising vote, indorsed the strike of the anthracite miners. TWO COUPLES ARE ARRESTED Four, Said to Be From Here, Held at Omaha. Two women who are said to have deserted their husbands, and two men, who left their wives all of Indianapolis, wero arrested together at Omaha, Neb., today and are being held under Mann Act charges, according to a United Press dispatch. They gave names as: William Mackey, 37: Mrs. Eethel Shotts, 26; Louis Hoagland, 38, and Mrs. Edna McCullough. All expect Mackey have children, they said. Mackey’s mother, Mrs. Martha Mackey, 04, was also in the party. She acted as “chaperon,” she said. Police say none of the four are reported missing here.

BELIEVE BABY IS KIDNAPED Bloodhounds Brought to North Judson for Search. Bu T'nited Press NORTH JUDSON, Ind., Oct. 14. Belief that Louis Matzat, 34 months old son of Ferdinand Matzat, has been kidnapped, was strengthened when twenty-four of search today failed to reveal a trace of the child. The baby disappeared Tuesday from a field near the family home. Bloodhounds have been brought from Chicago and all county officials, aided by about 300 residents of North Judson searched all night for some trace of the missing boy. ALL OVER BASEBALL Seaman Dies in Argument Over Favorite Pitcher. Bu United Press BROOKLYN, N. Y., Oct. 14.—A baseball argument cost Rediar Druisen, 30-year-old seaman, his life today. v Druisen, of Swedish descent, held that Walter Johnson of the Senators was the greatest of all pitchers. An unnamed Frenchman contended that Ray Kremer of the Pirates deserved that honor. The men backed their beliefs with blows and Druisen’s skull was fractured when he was knocked to a curbstone. Ke died a few minutes later. The Frenchman escaped.

State Highest Tribunal Holds Officer Must Have Grounds to Believe Liquor Is Being Carried Before Searching. Under the State Constitution no officer can lawfully search an automobile on mere suspicion that it carries intoxicating liquor. This was (he ruling of the State Supreme Court today when It reversed the judgment of the Delaware Circuit Court, where Jesse Eiler, Muncle, was convicted on a charge of transporting liquor. Eller was arrested April 7, 1923, while riding in an automobile with his wife on a country road in Delaware County. Authorities who made the arrerst said they found two quart fruit jars of liquor under the back seat. No evidence was given which might prove that the officers had a search warrrant. “or that they knew facts from which they believed and had reason to believe that an automobile containing intoxicating liquor was being driven along that road,” the higher court’s opinion declared. Authority Depends “The authority of a peace officer, without a warrant, to arrest a person engaged in actual commission of a felony, and to search him and his vehicle for articles recently or at the time being used in its commission, ” the opinion declared, “depends upon whether the officer has reasonable and probable cause to believe and act on the belief that a felony is benig or his been committed by such persons or by means of articles that are. in the vehicle or on the person searched.” - The opinion stated that the courts have held that information from % credible source "together with the facts known or observed by the officers indicating that the information is correct, may constitute such reasonable and probable cause as will justify searching an automobile for intoxicating liquor without a warrant.

Must Have Belief “But an officer who has not learned through the exercise of his senses of sight, smell, hearing, etc., or from other reliable source of information, facts that would justify a reasonable prudent person in believing and acting on the belief that a felony is being committed in his presence, or has been committed, of which evidence is contained in the automobile, cannot lawfully search a car on mere suspicion that it carries intoxicating liquor, or as a part of a plan to search all passing automobiles to discover and apprehend violators of the law,” the opinion stated. "Such action constitutes an ‘unreasonable search’ of the person and effects of the driver of the automobile forbidden by the Constitution of the State of Indiana.” The opinion was written by Justice Louis B. Ewbank and concurred in by all the other justices^ "No Effect” "The ruling will have no effect upon the present enforcement of liquor laws in Indiana,” said the Rev. E. S. Shumaker, superintendent of the Indiana division of the Anti-Saloon League. Dr. Shumaker said a similar stand has already been taken by the United States Supreme Court. "Officers occasionally do make mistakes in searching automobiles without evidence to satisfy a prudent man that drivers they arrest have intoxicating liquor. These cases are the exception, rather than the rule, however,” he stated. Officers have pretty reliable information about rum runners, according to the Rev. Shumaker. Capt. William Paulsell, head of the city booze squad, said city police have not been searching automobiles indiscriminately. Officers search cars only after having information the owners are engaged in liquor transportation or after the arrest of the drivers on other charges. He believed the ruling would have little effect on police liquor law enforcement tactics. He said he would confer with the prosecutor's office as to the exact effect of the ruling. MILK PRICES CUT ORE CENT Competition Blamed for Return to Old Rate. Competition was given as the reason for a one cent decrease in the price of milk, announced today by a number of Indianapolis dealers. Prices, which were raised Oct. 9, were restored to the old figure. Some milk companies had refused to boost their prices, and the others were forced to drop back, company officials said. Prices now are: Milk, quarts, 12 cents; pints, 7 cents; cream, pints 25 cents, and half-pints, 13 cents. Prices were: Milk, quarts, 13 cents; pints, 8 cents; cream, pints, 28 cents, and half-pints, 14 cents. ,

INDIANA POL IS WEDNESDAY, (XT. 1 L 1025

Defendants Talk Things Over

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Left to right, D. C. Stephenson, Earl Gentry, Attorney Eph Inman and Earl Kllnck are shown talking over ttie defense at the Oberholtzer murder trial in Circuit Courtroom at Nobiesvi.lt, Ind.

SEN. RALSTON UNCONSCIOUS

FLORIDA IS ON A SKYROCKET - COINING DOWN Turn at Top Is Sickening; Many Fear a Smashing Crash. Note: This is the tteenth of a series of artlolen tellinv the truth of conditions in Florida as found by a representative of The Indianapolis Times. By Harold Keats ( —i~J LORIDA is riding a skyI 1 I rocJ{et--1 . .J Many of her citlzenr believe the upward flight will continue forever, but many more fear they are zooming up dizzily to a sickening turn, a burst and a fearful drop. The former class are now organizing "swat-the-knocker” clubs to crush even constructive criticism and prevent the sacrilege of unpleasant revelations. These people do not see that prices and values are different. Prices are subject to inflation, often depend on clever manipulation by speculators, the activiy of the market and the gullibility of the public. Values depend on use of the land and its earning power for the ultimate buyer. The Barnum-was-right theory can and does operate in Florida as a pricebooster, but has no effect when th 4 final reckoning of worth comes and the last buyer is reached. No man can tell you that any town lot or business site in Florida is worth just so much. The true test of worth has not been reached, and such leading business and professional men as have already been quoted in this series believe that test will not be made for a period of years It will come w-hen speculation has given way to occupation and occupation will be as slow a process as speculation has been a hectic one. You have heard that land on (Turn to Page 5)

DAVIS SWORN INTOJFFICE War Secretary Inducted by Chief Justice Taft. Bu United Press WASHINGTON, Oct. 14.—Dwight Davis was sworn in today as Secreof War by Chief Justice William Howard Taft. Davis, a business man and a soldier, twice cited for bravery during the World War, at once turned to the administration of the largest peace-time Army the nation ever had. He issuqd a short blunt statement, declaring: "There will be no changes in the broad general policies governing the War Department.” SKIBO CASE NEAR URY Final Arguments to Be Heard for Woman on Trial for Murder. Bu Times Special LA PORTE, Ind., Oct. 14.—Case of Mrs. Anna Sklbo, on trial for the brutal murder of her husband, was to go to the jury this morning, after final arguments are heard. The defense rested late Tuesday. Insanity was pleaded by the defense.

Solon Lapses Into Coma at Midnight Friends Gather at Home. Unconscious since midnight, Senator Samuel M. Ralston was in a critical condition at his home north of the city today. The Senator suffering from kidney disorders which caused uremic poisoning, lapsed Into a coma at midnight and has not been able to take nourishment. This is the third time within a week he has been in a coma, attendants said, but on the other two occasions the j>eriod of unconsciousness was of shorter duration. A glass of milk, taken at 6 p. m. Tuesday, was the last nourishment given the Senator. For the past week he has been unable to take anything but milk. Members of the family hoped he would rally and were encouraged by the fact that his breathing was regular. Senator Ralston, who has been suffering from kidney and heart disorders since early summer, was forced to take to his bed on Sept. 5. For a week his condition Was very critical, but then it improved. During the last week, however, uremic poisoning developed. Mrs. Ralston, the Senator’s wife, has been at his bedside, constantly. His brother, Boyd M. Ralston, of Indianapolis: his sons, Julian C. and Emmett, and his daughter, Mrs. Ruth Ralston La Rue, were also in attendance. Mrs. Sarah Bayless, 84, of Brazil, Ind., his only sister, was prevented by her advanced age from leaving her home. Mrs. Emma Hogate of Bloomington. Ind., a sister of Mrs. Ralston, arrived today. Drs. John M. Cunningham and Robert M. Moore hav been in attendance. \

SCHOOL SITE IS UNDETERMINED New Location Being Sought for Shortridge. The site for the new Shortridge High School is still undetermined, according to members of the school board because they do not feel that the site at Thirty-Fourth and Meridian Sts. will be large enough for expansion after the $1,000,000 building is erected there. During the last two weeks Business Director William H. Book has attempted to acquire the southwest corner of Fortieth and Meridian Sts. The price, set by the owner, is judged excessive by the board. The property at Fortieth and Meridian Sts. is twice as large as the present site, having a frontage of 771 feet in Meridian St. The Thirty-Fourth St. site was bought by the board for SBO,OOO from Mrs. Mathilda Topp, who also is owner of the sought-for site. CROSSTIE KILLS MAN Man Dies at Hospital—Compound Skull Fracture. A falling cross-tie at the plant of the Republic Creosoting Company. Minnesota St. and Tibbs Ave., where he is employed, today killed Clyde Wildman, 19, of 1258 Er Washington St. He died at city hospital from a compound skull fracture.

EX-GOV. LOWDEN SPECIAL GUEST AT DAIRY SHOW Creamery Owners, Manufacturers and Railroad Men Dominate Bill. Creamery owners, manufacturers and railroad men owned the day at the National Dairy Exposition at the State Fairground today. Between 15,000 and 20,000 out-of-town visitors are expected to visit the show between now and Its closing Saturday night. It was also Illinois day. Former Governor Frank O. Lowden was a special guest and will broadcast a speech over WFBM tonight. The Program The program Includes judging of Guernsey cattle and grade cows; National Cheese Association meeting at 10 a. m. at the Severin; the Guernsey breeders banquet at 6:30 p. m. at the Elks Club; transportation banquet for railroad officials at 6:30 p. m. at the Columbia Club, arranged by the Indianaoplis Traffic. Club. A parade to the fairground by the visiting railroad men was held this morning, followed by luncheon at the Women’s Bldg. Loading Cattle Standing first for the greatest number of first and second prizes awarded Tuesday In each class of Brown Swiss and Ayrshire cattle were N. C. Schmid, Monroe, Wis., Hull Brothers Company, Painesville, Ohio; A. E. Bower & Son, Bushton, 111.; Alta Crest Farm, Spencer, Mass., Adam Seitz & Son, Waukesha. Wis. Dr. E. V. McCollum of Johns Hopkins University will attend an informal reception in his honor at 2 :30 p. m. at the Horticultural Bldg. Women who have been attending his lectures, and the other features of the school for women at the show, are Invited. The school will close Friday night.

D. A. R. TO NAME STATE OFFICIAL Other Business on Slate at Convention. Bu United Press EVANSVILLE, Ind.i Oct. 14. Indorsement of a candidate for vice president general from Indiana to succeed Mrs. Henry A. Beck, Indianapolis, whose term expires this year, discussion of a proposed change in the state per capita tax and establishment of State and chapter budgets were on the slate of the State convention of the Indiana Society, Daughters of the American Revolution as it swung Into its second day hero today. Mrs. Frank Felter, Huntington, war time regent of the Indiana Society, will b eindorsed to succeed Mrs. Beck, it was understood. A brief memorial service for the late Mrs. Anna Craven Rott, Bloomington, Ind., was held Monday. She had been active in the society. Attendance is the largest ever.

Entered as Second-class Matter at I’ostofflce, Indianapolis. Published Dally Except Sunday.

Farmer Will Be Accepted When Passed Once More by Defense Eight Others Half Way Toward Final Selection. ACCUSED STATE’S INDICATION OF DEATH DEMAND Charges Remy Is “Grandstanding”— i Trio Allowed to Walk Around’ Unguarded—Mysterious Notes Add to Tensity. By John L. Niblack and William L. Toms Times Staft CorresnoiKtßnts CIRCUIT COURTROOM, NOBLESVILLE, Ind., Oct. 14. With two days and a half of efforts to obtain n jury to try D. C., Stephenson, Earl Klinck and Earl Gentry, on charges of murder- • ing Miss Madge Oberholtzer, attorneys in the case shortly before noon today had obtained one man who has passed the threefourths mark and eight othe-rs the half-way mark. There is no assurance, however, that any of the twelve now in the jury box will finally qualify as jurors. Some hope is expressed that the jury will he completed by Thursday at least.

Elijah Rushton, 52, farmer living three miles southeast of Noblesville, who has occupied chair 11 since Monday, has been passed twice by the State and once by the defense. To bo finally accepted, a talesman must be passed twice by both sides. The Jury The jury, as it stood shortly before noon, was composed of Thomas J. Carter, Noblesville, a storekeeper: Carter has been passed by neither side and Is the thirteenth man to occupy that seat. Fred Johnson, In chair two: passed once by both State and defense. He Is the fourth man in the chair. Thomas Millikan, a farmer. In chair three, passed once by both sides. He Is the ninth man to occupy the seat. Jacob Dawson, a farmer from near Carmel, was in chair four; passed once by both State and defense. He was only the second man who has had that chair. Hue Hinshaw, Carmel garage man, in chair five: passed once by both sides. He was the fourth man to occupy that chair. Grant C’arey, in chair six, passed once by both State and defense. Two men only have preceded him. Fred Harper, a farmer, In chair seven; passed once by both sides. He is the fourth man in that chair. \V. O. Inman, a farmer from near Sheridan, in chair eight, the second man in thut position. He has been passed once by State and defense. Mark Moore, the fifty-ninth man to be examined, in chair nine. He has been passed by the State once. Moore is the tenth man who has occupied chair nine. Orin Myers, in chair ten, passed by both State and defense once. Only one man preceeded him in the position. Rushton was in chair eleven. James A. Craig, In chair twelve passed once by both sides. Six men preceeded him. Stephenson during the morning recess denounced the State's inquiries as to the attitude of the talesmen on capital punishment as “grand stand stuff.” The mere mentioning of capita! punishment seemed to disturb his customary poise. The third day of the tr.al opened lr. an atmosphere of heightened tension. Sheriff and Cox It came as a result of Tuesday’s happenings: 1. Charles E. Cox, attorney for the Oberholtzer family, and Sheriff Charles Gooding almost came to blows when the sheriff refused to reveal the Identity of two men who visited Stephenson at 6 a. m. Tuesday morning In the Jail. The auto they used had a New York license, Cox said. Later It was learned the men had an order, allowing them a Visit. t. Stephenson during the day dispatched mysterious messages to some oe outside the courtroom by Harold Setters, a young attorney assisting the defense. Presence of strangers in the hall added to the air of suspicion and intrigue. 3. Fear on part of both State and defense that prospective Jurors have been approached. This was Indicated by questions asked by the attorneys. Kane Takes Poll Special Prosecutor Ralph Kane polled the jury then In the box, asking each man if he had been interviewed by various State employees and politicians and others known to belong to the Republican political faction with which Stephenson is connected. In turn, Eph Inman, chief defense counsel, asked each man if he has been interviewed as to how he stands on the case by Indianaoplis people, especially Irvington women. All such questions by both sides failed to reveal any Juror who has been “seen.” Klan Membership Possible membership in the Klan, or former membership seems to be the big question uppermost in the mind of the attorneys as they scan each talesman brought in by Bailiff 1

Forecast UNSETTLED with probably rain tonight; Thursday partly cloudy j cooler.

TWO CENTS

Ingram Mallery. All reference to the Klan, of which Stephenson was the State head in 1923, was avoided meticulously until Tuesday afternoon, when both sides began asking if the talesman belonged to "any organization or order which might embarrass them in serving as a juror if accepted.” Stephenson, Klinck and Gentry wander about the courtroom at will, unguarded at long stretches of time by Sheriff Gooding or deputies. At times Tuesday afternoon the three defendants sat with their attorneys or went into bach rooms ulone. Rushton was finally passed by t/ie State as a juror after a vain endeavor to be excused so he could return home and tend his stock. Questioning by J-fnne Injected an element of humor Into the monotony (Turn to Page 13) ESCORT WILL MEET MWES Vice President to Arrive Here on Saturday. Three motorcycle policemen and the police emergency car will escort Vice President Charles G. Dawes when he arrives at the Union Station at 2:36 p. m. Saturday, It was announced today. Dawes is to dedicate the new Columbia Club home and to speak on revision of Senate rules, at Tomlinson Hall, under auspices of the Indianapolis Chamber of Commerce. A committee will receive him at the station.

FRENCH OPPOSE U. S. DEBT PLAN May Submit Counter Proposal to America. Bv United rrcss PARIS, Oct. 14.—The French Government has rejected the plan agreed upon by the French debt commission at Washington for the payment of France’s debt to America, it was semi officially admitted at the Ministry of Finance today. The government Intends to send a counter-proposal to the United States It was said. The counter-proposal Is being drawn up.

FLAPPER FANNY sayr

"WiS'lt I COttO Rung' Oh <£)MtwrtO (IN! HT NF SERVICE INC

We flappers couldn’t go far if we ran out of gas.