Indianapolis Times, Volume 37, Number 146, Indianapolis, Marion County, 19 October 1925 — Page 1

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VOLUME 37—NUMBER 146

DEFENSE OF STEPHENSON IS HINTED Questions Asked Talesmen Lead Observers to Believe Inman Will Make Technical Fight on Theory of Reasonable Doubt. JUDGE SEEKS TO SPEED UP SLOW JURY PROCESS Girl Witness, Former Secretary of Accused and Sorority Sister of Miss Oberholtzer, MissingState Passes Twelve Men. By John L. Niblack and William L. Toms Time Staff Correspendents CIRCUIT COURTROOM, NOBLESVILLE, Ind., Oct. 19. —Defense of D. C. Stephenson, Earl Klinek and Earl Gentry, on trial here on charges of murdering Miss Madge Oberholtzer, Indianapolis, will boa technical one, including the theory of reasonable doubt that the trio committed the crime as alleged, it was indicated here today by questions put to talesmen by Eph Inman, chief defense attorney. Judge Will M. Sparks endeavored to speed up the slow process of obtaining the jury as the second week of the trial opened. He urged attorneys to limit their questioning of arospective jurors to facts unquestionably pertinent. Judge Sparks said that unless prospects improved by Wednesday he would call a third special venire of 100 men. Witness Missing It was learned that one of the State’s chief witnesses Miss Marian Darr of Greenfield, Ind., Stephenson’s former private secretary, is not in the State, within reach of the subpoena. It Is said 'he has gone to California. Miss Dart’ is a member of the Pi Beta Phi Sorority of Indiana University. Miss Oberholtzer was also a Pi Phi of the Butler chapter. The defendants paid comparatively little attention to the routine questioning of the talesmen, although Stephenson, at times made notes on their replies. The air of tension evident as court adjourned Friday was not present to such an extent. Among the spectators in court were George Oberholtzer, father of Madge, and her brother, Marshall, of Linton, Ind.

Inman's Questions Questions which Inman asked Murl Lambert, 40, Sheridan, Ind., Insurance agen, the 109th man to be examined, were typical of those asked other veniremen. Lambert said he was married, had four children, aged 12 to 18, including two daughters. He said he knew none of the Oberholtzer family, State’s attorneys or Indianapolis detectives present. He said he read of the case in the papers. “These men, under the law, are presumed to be innoceent of anything and everything they are charged with,” said Inman. “Would you be willing to give them the benefit of that law?” “Absolutely.” “If you should sit as a juror and hear the whole case to the end and then have a reasonable doubt as to their guilt, would you acquit them? That’s the law, and you'd do it, wouldn’t you?” ”Yes.” “The burden is on the State, you know,” said Inman. “These men are not required to prove their innocence, or prove anything. That’s the law. Would you yourself require them to prove their innocence before you would vote for acquittal?” “Just state that again please.” asked Lambert. Stresses Doubt Inman rephrased the question, ad4i"nr that the State must prove the defendant guilty beyond all reasonable doubt before the law allows a verdict of guilty. “I’d expect the State to prove them guilty,” Lambert said finally. Lambert said the sex question, the fact that the person alleged to be murdered was a woman, .would not make it a different murder trial than if the deceased had been a man. ‘‘Would you allow any outside influence, any political influence or ihe wishes or determination of either friends or enemies of these men to influence your verdict?’’ . “No sir, I would be fair to both ihe State and defense,” said the talesman, “I would make up my mind after I had heard the whole

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‘ENGLISH EARL ’ IN PRISON HERE

Police Investigate Activities of Alleged Lord —Woman Also Held. “Really, I cawnt understand why the press is taking such a 'straordinary interest in my case,” said the alleged Earl of Stafford of England in his cell at city prison today. The “Earl" was in jail because he has not been able to explain so far just why he had a large number of big checks and telegrams—which detectives say he sent to himself, all hinting big business deals. With him in “durance vile” was Mrs. Bertha M. Sheesley, 40, and erstwhile Lady Stafford to he, according to detectives. “Lady Stafford” Proof that she was to be “Lady Stafford” was contained in the will of the “Earl,” detectives said. The Earl proposed to leave Mrs. Sheesley all his English holdings, the incomes. from his Earlship, Stafford manor, 32,000 acres and all its residences, as well as a residence at 2310 Lakewood Blvd., Cleveland, Ohio, and his stocks and bonds and incomes from his baroncies. The will stated that Mrs. Sheesley was to receive the title of Lady of Stafford upon his death. It was made on stationery of a Kansas City Hotel. Mrs. Sheesley's address was given at Neita, Okla. “I refuse to confirm or deny that I am an Earl,” the alleged nobleman,

EXPECT SENA TOR CHOICE IN WEEK

Politically Wise Say Governor Will Make Appointment at Once. Appointment of a Republican to succeed Samuel M. Ralston in the United States Senate is expected before the end of the week, according to reports eirculatd by politicians interested in the appointment. Much of the talk today centered about the possibility of Jackson resigning as Governor and of F. Harold Van Orman, who would succeed him, appointing Jackson to the Senate. Jackson was silent on the appointment. A member of his family said the Governor was forced to remain in his room on account of a cold and probably would not go to Marion where he was to have spoken at the city’s centennial celebration today. Meanwhile petitions were being circulated by persons who were*active in Jackson’s campaign so Governor asking Jac 'tson to becom Senator. Clyde I Walb, Repi olican State chairman expressed the opinion Jackson II act no! later than uni to Page 5)

LEGION’S NEW HEAD ARRIVES / McQuigg Guest at Athletic Club Luncheon. John R. McQuig t Cleveland, Ohio, was greeted by a large delegation today on his first trip to Indianapolis as national commander of the American Legion. Citizens joined in welcoming McQuigg at a luncheon at the Indianapolis Athletic Club. William Fortune of the Chamber of Commerce presided. William H. Kershner, adjutant general of Indiana: James M. Ogden, city corporation counsel, and Clarence Jackson, Indiana departmental commander of the Legion, spoke. His immediate task Avill be to familiarize Quigg himself with the Legion’s machinery to obtain 1,000,000 members, McQuigg said. Old members will be signed before Jan. 1.

A chaperon always looks better if she looks the other way.

mM ill

Arthur Stafford, Alleged Earl of Stafford.

who gave the name of Arthur Jackson Howard Stafford, and his address as Stafford, England, said. At Boarding House The couple were arrested at a boarding house at 331 N. Illinois St. Saturday night. Detectives refused to say where they got their information to make the arrest or how it came about. The “Earl” is 64, gray haired, well dressed and talks with a decided English accent. Mrs. Sheesley said she met his “Earlship” at Rosebud, Mont., last August.

Ford Is Known as an Inn Keeper Bu United Press MARLBORO, Mass., Oct. 19. —To the residents of Sudbury, Henry Ford is an inn keeper and his fairly well established automobile business is merely a side line. The latest edition of that town's weekly newspaper, “The Sudbury Enterprise," has on its front page the following news item: “Henry Ford, who runs the Wayside Inn over on the Marlboro road, left for Detroit this week where he also makes motor vehicles. He has been tinkering on anew airplane and expects to get it out for sale soon.”

BUTiER WANTS ITS CHARLESTON Latest Dance Barred at Home-Coming Hop. Butler University students are in favor of a movement to enlarge and strengthen the dance floors of the city. Since Francis F. Hamilton, city building inspector, decided that the Charleston, the popular dance, was too energetic for the safety of the dancers, the students have had their terpisehorean activities checked. At the annual Homecoming dance, held Saturday night at the Irvington Masonic hall, the dancers were greeted by a placard stating that “The Charleston dance is not permitted on this floor.” The edict waa not strictly observed. REPORTS U. S. INFLUENCE America Refused tier mans I/nans Unless Pact was Signed. Bu I'nitnl PrrHK BRUSSELS, Oct. 19. —America played a role in the successful conclusion of the Locarno security conference, according to revelations today by Belgian Foreign Minister Yandervelde. He said in a interview that Americans had informed the Germans that further credits for Germany would be withheld if Germany refused to participate in inauguration of the new era opened by the security conference. This was at least partially responsible for the aquiescences of the Germans in the conference, It was indicated. PINCHOT SEES COOLIDGE President Told I/aw Enforcement Is Under Grave Suspicion. WASHINGTON. Oct. 10.—Law en forcemeat is under grave public suspicion throughout the United States, Governor Pinchot of Pennsylvania told President Coolidge today. Pinchot came to Washington to appeal to the President to extend the leave of Gen.*Smedley Butler of the United States Marines, allowing him to complete his work as public safety commissioner of Philadelphia. The Governor would not Indicate the President's response to his appeal. U. S. MEN SEIZE TWO Federal Prohibition Agent George Winkler Sunday arrested Bert Van Ernst, colored, 126 Spring St.., and Joe Clark, colored. 341 W. Twelfth St., on charges of violating the Federal law.

INDIANAPOLIS, MONDAY, OCT. 19, 1925

HIGHEST U. S. COURT RULES ON SEARCHES Basing Decision on Fourth Amendment, Tribunal Holds Homes Can Not Be Invaded Without Legal Warrants. CONSTITUTION GIVES PROTECTION TO ALL Opinion Given in New York Narcotic Case Is First Direct Expression Made on Subject—New Trial Given Defendant. Times Washington Bureau. tS22 *-'cw York Avenue. WASHINGTON, Oct. 19. The United States Supreme Court has declared the law with •regard to search warrants. This is the law: A private home can not be entered and searched without a legal warrant. An automobile, wagon or boat may be searched for contraband goods without a warrant. Where a legal arrest has just been made in a home, search for things connected with the crime and for weapons, may legally be made without a warrant. An opinion just given in a New York nhrcotic case is the first direct ruing ever made on this question by the Supreme Court. Illegal Search Frank Agnello and four other men had been convicted of conspiracy to violate the Federal nar tic act. Revenue agents, watching -vnrough a window of Stephen Alba’s home, saw the five sell cocaine to two men employed by the government. The agents entered the Alba home, arrested the five, and then searched the house for narcotics. This was legal. But while the five were on their way to jail, the agents went to the home of Frank Agnelo and searched that without a warrant. They found a can of cocaine. When the men were tried, this can of cocaine was used as evidence against Agnello. Protection for All Because the cocaine was found in a search conducted without a warrant, the Supreme Court has held that Agnello is entitled to anew trial. The court says: “It hats always been assumed that one’s house cannot lawfully be searched without a warrant, except as an incident to a legal arrest therein. “The protection of the fourth amendment to the Constitution extends to all equally—to those justly suspected or accused as well as to the innocent. The search of a private dwelling without a warrant is in Itself unreasonable and abhorrent to our laws. • • • The search of Frank Agnello's house and seizure of the can of cocaine violated the fourth amendment.” FILE WARRANT BRIEF Assert Law Gives Justices Wide Warrant Authority. That the law giving justices of peace authority to issue warrants for the search of premises outside of townships where they have jurisdiction, is constitutional, was contended in a brief submitted to Attorney General Arthur Giiliom today. The brief was submitted by Deputy Attorney General of Marion County, who plan to meet with Giiliom to consider plans for appealing to the State Supremo Court a ruling made in Criminal Court by Special Judge H. R. Pike. Pike ruled search warrants Issued by a justice of the peace are illegal if served in township other than the one in w-hich issued.

HA WKINS FEELS CHE A TED

Bu United Press EEAVENWORTH. Kan.. Oct. 19.—Mort Hawkins is not guilty. He says so himself. The former Indiana wizard of high finance, now known only as prisoner No. 24,010, is serving the first. lap of his fifteen-year sentence in the Federal penitentiary for frauduent use of the mails. Ilawkins was not assigned to regular prison duty during his first few- days here and It is not known how he will put in the hours during his visit with the Federal authorities. While heing brought here by a deputy United States marshal, being "mugged” and finger printed, the man from Portland, Ind., who once headed a gigantic loan and mortgage company, insisted on preclaiming his Innocence of the charges against him. Hawkins was thought to have

GIRL 43RD A UTO VICTIM OF YEAR

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Fatally Injured When Struck While Walking in Street. Death of Miss Doris Spain, 21, of 417 N. Delaware St., raised the tol of auto victims in Indianapolis this year to forty-three today. Miss Spain was fatally injured Sunday night when struck by a machine driven by Paul Devening, 23, of 6543 Ferguson St., at FiftySixth and N. Meridian Sts. She was walking south with Miss Esther Moll, living at the some address, and Robert Mueller of Chicago. The three were forced to walk in the street because there are no sidewalk*. Devening who was driving in the same direction said he was blinded by the lights of an approaching automobile. Mueller was slightly injured on the leg. and Miss Moll escaped injury. Devening was charged with assault and battery. The body will be removed today to Warrensburg. Mo., the home of Miss Spain's parents. Besides the parents she is survived by a sister and brother. Mrs. Charlotte Maas, 63, of 1400 Spaan Ave., was the forty-second person to die. Mrs. Maas died Sunday as a result of injuries received last April when she was struck by an automobile on her way to church. Three daughters and a son survive. Funeral services for Mrs. Maas will be held Wednesday at 2 p. m. at the Emmaus Evangelical Lutheran Church.

NO TRACE OF BUTLER FOUND Stephenson's Secretary, Indicted Here, Is Fugitive. Fred Butler, former secretary to D. C. Stephenson wanted here on a charge of conspiracy to commit arson can not be found in Florida, according to word received here today by detectives. Florida officials wired that Butler, said to have been employed there by a moving picture company, read of his indictment on the conspiracy charge, and left his job. Butler was indicted jointly with Stephenson, Earl Klinek and Earl Gentry. . LORA C. lIOSS DEAD Friends here today mourned the death of Lora C. Hoss of Kokomo, a director of Butler College and president of the Kokomo Opalescent Glass Works. He died at Battle Creek, Mich.. Saturday. >

made millions out of the operations of his concern, but he was unable to meet an appeal bond of $50,000 following his conviction in the Federal Court at. Indianapolis. Regardess of whether he is the owner of millions or whether his pocketbook is flat. Hawkins is convinced of his own innocence. "T’m an innocent man, things didn't break right for me, that's all,” he declared repeatedly, “and they put me away for fifteen years. But believe me I'll be out of the pen before long. I'll bet I can make that bond in no time.” On arriving at the prison Hawkins was the center of a large group of prisoners sent up for mail frauds. To each of these he explained how "the cards were stacked against me and I didn't have a chance. It is reported that while Hawkins was a prisoner in the Marlon County Jai at Indianapolis* that he

Miss Doris Spain

MELLON PLEADS m LARGE TAX DOTS, REFORMS Fifty Per Cent Surtax Slash, _He Says, Would Release Money for Business. Bu United Press WASHINGTON. Oct. 19.—Secretary of the Treasury Mellon, appearing before the House Ways and Means Committee today p*-r.nc*M tax reductions of between $250,000,000 and $300,000,000 by the new revenue law, which sum he said the treasury could spare. Mellon declared strongly for a reduction of the maximum surtax front 40 to 20 per cent: urged repeal of the Federal estate tax, gift tax, and certain other miscellaneous taxes, declared strongly for repeal of the publicity section of the income tax law, and asked a constitutional amendment prohibiting the issuance of tax exempt securities. Wants Reform Mell in p eaded for a system of tax reform rather than a general tax reduction. Taxes on automobiles, except possibly on trucks, tires, and accessories, should be retained, he said, arguing that "so long as the government is contributing over $90.000,000 a year to roads on which these automobiles run they certainly ought to be made to pay their way.” Mellon did not propose any complete set of rates for a “Mellon” plan as ho did in the case of the law adopted last year. His major theme was for a reduction of the present high surtax. This, he argued, would stimulate business. Reduce Surtax Regarding the proposal to wipe out taxes on incomes under $5,000, the secretary declared: “A man with a $5,000 salary does not carry funds in non-productive investments and a reduction of his taxes does not, therefore, create additional taxed income. ”A reduction in surtax, however, increses the amount of capital which is put into productive enterprises, stimulates business and makes more certain that there will be more $5,000 jobs to go around. LAW KNOCKED OUT Bh 1 nit rtf Prcn* WASHINGTON. Oct. 19.—The United States Supreme Court today held the Arizona minimum wage law for women unconstitutional in a second test case brought before it.

instructed friends where to obtain money to pay off a number of his creditors. Although no official confirmation to the report that Morton S. Hawkins ordered money paid to creditors while he was in the Marion County jail could be gained in Indianapolis today, it is generally rumored that such action took place. It is said that a Portland (Ind.) attorney, characterized as Hawkins’ “Good man Friday,” w-as instrumental in carrying out Hawkins' order to pay debts amounting to more than SI,OOO. Hawkins, when appealing his case to the United States Circuit Court of Appeals at Chicago, forwarded his petition for'hearing and appeal on the grounds that he was a pauper. Because of this, it was necessary that the Federal Court here pay much of the expense involved in the case and records for the higher court.

Entered as Second-class Matter at Postntfiee, Indinnapoll* Published I>mily Except Sunday.

MERCURY AT LOW LEVEL FOR SEASON t City Shivers as Thermometer Goes Down to 30 —More Freezing V Temperature Forecast. SNOW FALLS IN NORTHWEST Three Die in Minnesota Storms—Slight Flurry Reported Here. While snows covered northwest portions of the eountry today, Indiana also reported lower temperatures, but with clear skies. Rain and clouds, which have marked October thus far, made their exit. Indianapolis shivered in below freezing temperature. A few flakes of snow were noticed here this morning. Three deaths in Minnesota were attributed to the snow. Robert Schne.jder, 18, St. Paul, and Walter Fish, 20, Davenport, J la., were struck hv a passenger train near Red Wing. Police I think they were blinded by the snow. Louis Benson, 60, Minne-|l apolis, with his head down to avoid the stinging snow, also I walked in front of a train. 1

lowa reported snow Hurries and freezing temperatures. The mercury here stood at 30 at 6 a. m., the lowest mark for the sea son, according to the United S.ates weather bureau. Below Normal At 7 the thermometer registered 31 degrees, 17 below normal and 12 b low the mark for the same ho ir Sunday. Temperature at noon was 38. The forecast was for fair weat’i i with freezing- temperature ton ;at Tuesday should be fair, with rising temperature. The mercury ma> go down to 28 tonight, J. H. Arming.on, meteorologist, said. Temperatures over Indiana rang- and from 30 in the north and central por tions to 34 in the south part of Upstate. To ur.tv October has been thcloudiest ever in Indianapolis, Atm ington stated. A total of 3.28 inche* of rain has fallen, while normal fall for the month is only 2.79 inches Seek Alcohol The winter rush for alcohol bj motorists was begun today, garage men reported. Crops have practically all been killed by frosts now. Frosts this year were later than usual, the weather bureau stated. Motorists were warned against a drop in temperature by T >dd Stoops, secretary of the Hoosier Motor Club. "It would be wise for drivers to put an alcohol mixture in their radiators and be prepared for a sudden cold spell. A mixture of one-third alcohol and two-thirds water is a safe solution," Stoops said.

DEMOCRAT GETS ON DAWES’ SIDE Underwood Announces He’ll Lead Fight on Senate Rules. Bu I'nitrd Prc* WASHINGTON. Oct. 19.—Senator Underwood, Democrat, Alabama., announced today that he would introduce a resolution when Congress reconvenes in December, calling for a cloture rule, If he can obtain promise of the rules committee that it will be sincerely considered. This is considered a victory for Vice President Dawes, who has been campaigning the country In behalf of the project to revise Senate proceedure so that fllibusters cannot hold up legislation. Senator Curtis, Republican leader and chairntnn of the rules committee, promised that the resolution will be given consideration, but said he doubted whether it can be passed. DEATH TAKES RECTOR The Rev. Richard t Dies at Hospital After Illness. The Rev. F. Odo Richardt. O. F. M. of Sacred Heart Church died Sunday night at St. Francis Hospital, Beech Grove, following an illness of several weeks. He had been rector of Sacred Heart Church for many years, having been ordained here in 1894. Burial will be in St. Joseph Cemetery. Wednesday morning, following services and mass at Sacred Heart Church. LINEMAN IS INJURED Telephone Company Employe Falls When Pole Breaks. Everett Cunningham, 35, of 1018 Teoumfleh st., a lineman for the Indiana Bell Telephone Company, Is In St. Vincent Hospital today suffering with two broken ribs, a fractured left hip and left leg. Cunningham was injured Saturday when he fell twenty-five feet when a telephone pole broke, eight miles southwest of the city. Witnesses said the pole was rotten at the baae.

Forecast FAIR with freezing temperature tonight; Tuesday fair; slowly rising temperature.

TWO CENTS

HOURLY TEMPERATURE 6 a. m 30 10 a. m 34 7 a. m 31 11 a. 37 8 a. m 32 12 (noon) .... 38 9 a. m... v . 33 1 p. 39 iYERS STATES MERIT SYSTEM WILL BE USED Democratic Candidate for Mayor Replies to C. of C. Questions. Citing a section of the city charter which provides city employes shall be selected and advanced upon basis of fitness, the Chamber of Commerce haß directed questions to Walter Myers, Democrat, and John L. Duvall, Republican, nominees for Mayor, asking what their policies will be in this regard. Myers, the Chamber announced today, has replied, stating definitely he lnte: to pursue the merit system and abolish the spoils system. Duvall, the Chamber said, has not replied. “The notion that public employment constitutes a legitimate means of rewarding persons who have worked for the election of a public official, In our opinion, is fundamentally wrong. It results in the public’s paying political debts all too frequently at the expense of public service," wrote Frank S. Fishback, president, and William A. Fortune, chairman of the civic affairs committee of the Chamber to Myers and Duvall. View In Speerli Myers replied that his view was expressed in a speech Oct. 14, ua follows: “It is our purpose to stop the waste of public funds. In the first place, employ men and women, who are qualified to do Ihe work for which they are hired. In the next place, soo to it that these employes are kept busy at their Jobs Instead of spending their time on oplltlcal errands and business. Finally, give the man or woman, who shows merit encouragement by way of promotion: give them something to which their ambitions may aspire. Private business is conducted on this plan. Why not apply the same rules to the public service?” Principles Given Myers issued a statement setting out twelve principles for honest, decent conduct of city government, which he advocates. He favors ridding the city of sinister influences, holding the city pay roll down, getting a dollars' worth of service or goods for every dollar spent: appointing boards or high character; appointing a police chief from the ranks; seeking advice from well informed citizens and foatering of proper Improvements Myers spoke at Nord.vke and Marmon plant at noon today. Tonignt he will speak at Morris and West Sts., at Michigan and West Sts. and Green's Theater, 2840 School St. Duvall spoke to the employes of the Stutz Motor Company at noon, and will speak at four places tonight: 937 pnglish Ave., Englewood Community House. 41 N. Rural St.. Twenty Fifth and Northwestern Ave. and Fulton and North Sts. NEW MEN TAKE OFFICE Administration in Re Installed by Rotary Club Tuesday. Plans were heing completed today to start off the new administration of the Indianapolis Rotary Club. The adminiatmtion wna selected recently in the annual election of the club and will start with a lunchsbn Tueaday in the Riley room fZ ths Claypool Hotel. At the luncheon, various phases of the Indianapoll. Community Fund will tM pros acted.