Indianapolis Times, Volume 37, Number 159, Indianapolis, Marion County, 4 November 1925 — Page 1

Home Edition READ about what a modern girl did when she was left a million dollars. Her name is Joanna. On the hack page every day.

VOLUME 37—NUMBER 159

DYING STORY OF GIRL DEALT BLOW

Duvall Wins Eleven Wards, Myers Four

LEADERS TALK OVER WHO IS TO GET PLUMS Lieut. Claude Johnson Mentioned for Chief of Police. laction split seen Coffin and Klan May Battle for Control. With John L. Duvall safely determined the next mayor of Indianapolis, Republican politicians today Ware speculating on the appointees to scores of positions In the next city government. Os first Importance Is the position of chief of police. Duvall pledged that he would appoint someone thoroughly fnjmillar with police duties, but did not commit himself to anyone now serving In the ranks. Johnson Leads Lieut. Claude O. Johnson, former traffic inspector, was regarded as probably the leading candidate. Arthur Li. McGee, former policeman high in Klan circles, was also mentioned, but his appointment was regarded as unlikely. Claude Worley, Criminal Court investigator, is Indorsed by friends of George V. Coffin, Republican city chairman, but Worley’s alleged connection with D. C. Stephenson Is believed to stand in the way of his choice. George Snider, ex-sheriff, another possibility was said slated for a position on one of the boards governing the city, | Possibility of a split between the Pcoffin and Klan faction of the Duvall supporters la believed likely to the appointments, and to indicate a contest for control of the county Republican organization. Coffin, In a statement Tuesday night, said the distribution of clothespin slates by the Klan antaglnized the voters. Coffin Scored William A. Boyce, Republican city clerk candidate, ran ahead of Du* vail because Boyce “did not have Coffin hung around his neck like a millstone.” R. F. McNay, grand titan of the Klan, ekld. Alvah J. Rucker, head of the Duvall speakers' bureau, Is mentioned for city attorney or corporation counsel in the new administration, (Turn to Pago 16)

LINER BATTLES GALET76 HURT Injured Taken to Cherbourg and Southampton. Bu United Press SOUTHAMPTON, Nov, 4.—The Berengaria arrived here today bearing twenty-six passengers injured during Saturday’s and Sunday’s .storm when the giant liner fought (waves thirty to fifty feet high. Fifty others debarked at Cherbourg bandaged, cut and bruised by being hurled against bulkheads as the liner wrestled the waves. Damage estimated at SIO,OOO was done to the ship’s furniture and crockery. The captian described the gale as the worst in hls experience. Passengers declared they were hurled about as though they were feathers as the waves buffeted the craft. The ship carried 860 firstclass passengers, Including Mrs. W W. Vanderbilt. William A Pope of Chicago said, the waves were like mountains and swept over the stern, flooding the eecon tland third class quarters.

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Republican Mayor and Council Candidates Swept Into Office by Majority Over 8,000 —Klan School Ticket Also Victorious. John L. Duvall, Republican candidate for mayor, carried eleven of the fifteen wards in the city in polling an 8,000 majority over Walter Myers, his Democratic opponent, unoficial tabulation of official elecion returns showed today. Myers carried only the Third, Ninth, Twelfth and Thirteenth wards. In the Third ward official totals compiled by election commissioners gave him a majority of 7 votes. With Duvall the entire Republican city ticket and the Klan slate of school commissioners was swept into office. The returns show these Republicans elected. John L. Duvall, mayor. William A. Boyce, city clerk. Walter R. Dorsett, Claude E. Negley, O. Ray Albertson, Austin H. Todd, Otis E Bartholomew and Boynton J. Moore, city councllmen. The Democrats, by virtue of the law providing six of the leading party and three of the next highest party candidates shall be city councllmen, elected these three councilmen, the highest of the six Democratic candidates: Edward B. Raub, Robert E. Springsteen and Arthur W. Lyday. The new school commissioners, backi*J by the Klan: Theodore F. Vonnegut, 32,116; Mrs. Lillian Sedwick, 30,284, and Charles W. Kern, 20,082, all for the term beginning Jan. 1, 1926. Fred Kepner, 30,761, and Lewis E. Whiteman, 31,987, for the term beginning Jan. 1, 1928. The citizens school committee slate did not run close to the Klan slate with the exception of the candidates foi* the term beginning In 1928. Fred Bates Johnson of the citizens’ slate got 27,476 and Charles R. Yoke of the same slate 29,113, both being less than 3,000 behind the Klan candidates. The citizens’ candidates for the term beginning In 1926 received these votes: Mrs. Elizabeth F. Moore, (Turn to Page 17)

FOUR HURT IN AUTO CRASHES Two Pedestrians and Bicyclist Included. Four accidents, involving automobiles, were reported to police today. Manuel Childs, 2054 Hovey St., was injured when the bicycle he was riding at Eighteenth and Capitol Ave. was struck by an automobile driven by Finas Wagner, 620 Roanoke St. Wagner was slated. William A. McAtee, 52, of 138 Fulton St., received a broken leg when struck by an auto as he was leaving a street car at Morris St. and Kentucky Ave. Frank Wurtzler, 1042 E. Thirty-Sixth St., the driver, was charged with assault and battery and passing a street car unloading passengers. When he was struck by an automobile at 2208 E. Washington St., Walter Mundon, 14, of 10 N. Jefferson Ave., was injured about the head. Thomas Sprouse, 916 River Ave., driver, was slated. O. H. Reeves, 1333 Charles St., was injured when an automobile he was driving was struck by a street car at Morris and Meridian Sts. Henry Brown, 1107 S. Illinois St., motorman, was charged with assault and battery.

FIRST CHARLESTON NIGHT IS POPULAR

Instruction Given Free at Riverside Dance Palace. The Charleston’s caught on big! Hundreds of smiling persons at the Riverside Dance Palace Tuesday nl-ght agreed that under the instruction of Gene La Verne, dance instructor of Dos Angeles, Cal., the fascinating new dance is easy to learn. Waving coupons clipped from The Indianapolis Times which entitled them to free instruction, the dancers began arriving shortly before 8 p. m. La Verne showed both plain and fancy Charleston steps, and soon everybody was swaying happily. Tuesday night’s lesson was the first of a series of twenty that I>a Verne will give every night at the Riverside Dance Palace under auspices of The Indianapolis Times. Lessons will continue from 8 to 10:30 p. m., ajid because La Verne Is an expert instructor and teaches both a plain and fancy Charleston, anybody cam ’.urn. And fun! Ev*p

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Totals in City Election

The totals In Tuesday’s city election, unofficially tabulated from official returns: FOR MAYOR John L. Duvall (Rep.) ....... .52,200 Walter Myers (Dem.) 43,240 FOR CLERK William A. Boyce (Rep.) 52,870 Thomas B. Wright (Dem.) ...42,288 FOR COUNCIL (Nine Elected) Walter R. Dorset* (Rep.) 52,758 Claude E. Negley (Rep.) 53,144 O. Ray Albertson (Rep.) 52,740 Austin H. Todd (Rep.) 52,915 Otis E. Bartholomew (Rep.) . .53,410 Boynton J. Moore (Rep.) 53,481 Arthur W. Lyday (Dem.) 42,638 Robert E. Springsteen (Dem.).43,100 Edward B. Raub (Dem.) .... .43,205 Millard W. Ferguson (Dem.). .42,363 Albert W. Miller (Dem.) 42,425 Fred W T . Vehling (Dem.) 42,613 FOR SCHOOL BOARD Term Beginning Jan. 1, 1926 (Three Elected) Alex Alexander 5,993 Clarence G. Baker 22,870 Riley Bush 3,236 Adolph G. Emhardt 10,615 William E. Gibson 12,165 Edward W. Harris 22,288 Charles W. Kern 30,082 Elizabeth F. Moore 21,917 Clarence L. McPherson 2,912 Lillian Sedwick 30,284 Theo. F. Vonnegut 32,116 Carl S. Wagner 1,705 Term Beginning Jan. 1, 1928 (Two elected) Fred Bates Johnson 27,475 Fred Kepner 30,761 Lewis E. W r hiteman 31,987 Charles R. Yoke 29,113

Wales Lights on His Head LONDON, Nov. 4. The Prince of Wales lit on hls head in a ditch Tuesday in his third start of the fox hunting season, which began officially Monday. Neither Wales nor hls horse was injured, although the latter was mired and required the assistance of his royal rider and others to get out of the mud.

body was laughing and having a great time the first night. “Indianapolis folks are good dancers —I see that already,” La Verne remarked. “And everybody’s going to be crazy about the Charleston here. It’s fascinating. People everywhere are wild about it.” Remember instruction Is absolutely free. Just clip the coupon from today's Times and come out to the Riverside Dance Palace tonight, from 8 to 10.

This coupon entitles you to admission to the River--2 side Dance Palace and to free lessons in the “Charleston.” You will not bes admitted during the time when “Charleston” lessons are being given without this coupon. t

INDIANAPOLIS, WEDNESDAY, NOV. 4, 1925

Mr. and Mrs. John L. Duvall and children, Margaret Roberta and John Leslie.

G.O.P. CLAIMS MORAL VICTORY IN STATE VOTE Democrats, However, Break Into South Bend and Marion. With returns from all of Indiana's ninety-three municipalities practically complete, Republican politicians today were claiming a moral victory In the State. Republicans apparently held their own in the majority of the cities, in addition to breaking through in several normal Democratic strongholds. South Bend, long considered a Republican stronghold, went Democratic, however. Chester Montgomery was elected mayor by an estimated majority of 2,682 and practically the entire Democratic ticket was swept into office with him. , Marlon for the first time In twenty years elected a Democratic mayor —John McConnell. Democrats also (Turn to Page 3) TWO DEAD MEN ARE ELECTED One Dies After Polls Close — Other Before. Bu United Press PHILADELPHIA, Nov. 4.—Philadelphia. elected a dead man for district attorney. John M. Patterson, Republican candidate, died during the night and stickers which would have elected a successor when Patterson’s condition was found to be critical yesterday, failed to stem the tide of votes to the dying man. SAKLATVALA BEATEN Communist Member of Parliament looses to Dead Conservative. Bu United Press LONDON, Nov. 4. —Shapurji Saklatvala, Communist, recently barred from America on State Department orders, was defeated In the boropgh of St. Pancreas by a dead man. He was beaten by hls Conservative party opponent who died between the time he was nominated and election day. Saklatvala’s seat in commons was not affected, the election being purely local. $75,000 TAKEN BY MASKED MEN Messenger Beaten and Robbed in Business Sector. Bu United Press VANDERGRIFT. Pa-, Nov. 4. Leaping from an automobile in the main section of the business district here, two masked men beat and robbed James Walthour, a messenger of the Vandergrift Savings and Trust Company of hls satchel containing $75,000 at noon today. Walthour was about to board a train for Pittsburgh where he was to make the bank's weekly deposit when robbed. He was then in sight of the Pennsylvania station. HOURLY TEMPERATURE 6 a. m 40 10 a. m 50 7 a. 41 11 a. m 54 8 a. m 43 12 (noon) .... 56 9 a. m...... 47 1 p. ru.. 58

Hard Work Brought Success to Duvall, Says Wife. mOHN L. DUVALL had 62,200 backers In hls successful race to become the next mayor of Indianapolis, but hls. most enthusiastic booster is a woman—Mrs. John L. Duvall. While Mrs. Duvall gazed fondly at her daughter, Margaret Roberta, 7, and listened attentively for sounds Indicating the awakening of John L. Jr., 18 months, today at the Duvall home at 5242 College Ave.. she told a reporter her husband had become the next mayor because he had always tried to improve himself and look to the future. Duvall stayed at a downtown hotel Tuesday night to avoid the rush of Job hunters and has said he will leave the city for a two-day vacation before considering appointment of hls official family. Likes Races “I believe I would say horse racing is Mr. Duvall’s chief hobby," Mrs. Duvall said. “My husband loves the out-of-doors and to play with the children in the yard,” she said. "He also takes long walks, many times before breakfast.” “When Mr. Duvall was a boy he pictured himself seated In a banker’s chair, and he became a banker,” Mrs. Duvall said. "He has always worked hard for hls objective. “His father said John cost him the least to rear and amounted to more than any others of his children. Why, he waited on table at Valparaiso University when his father would have given him the money to go to school.” Reads Much Mrs. Duvall said her husband is a consistent reader, preferring books of history and government, with little attachment for love stories. Duvall has lived In Indianapolis since 1902. He practiced law for seven years, and then organized the Haughville bank, now the Citizens’ State Bank, of which he Is vice president. He organized other banka later and developed first the idea of Christmas savings. He now is chairman of the board of directors of the Marlon County State Bank.

STATE TAX BOARD ! MEN FACING JAIL Brown, Zoercher and Hough Cited for Contempt by Judge of Fulton County Circuit Court.

Members of the State tax board were to confer with Attorney General Arthur L. Gilliom this afternoon to consider measures to defend themselves against possible jail sentences. Phillip Zoercher, John J. Brown, and William Hough, boat members, Monday were cited o, . Jdgc R. R. Carr, of the Fultcr. Cfrunty Circuit Court for contempt a mandating the Fulton County auditor

KLAN LOSES IN DF FROIT Mayor Smith Decisively Beats Hls Opponent. Bu United Press DETROIT, Mich., Nov. 4.—Mayor John W. Smith of Detroit, seeking return to office on ar. anti-Klan platform, decisively defeated hls Klan-endorsed opponent, Charles Bowles in yesterday' i municipal election. Complete returns gave Smith a clear majority of 29,871 In a total poll of 258, 11. Smith partisans also won flv< out of nine a oafs in the city counc:!. v

BEECH GROVE VOTES FAVOR STREET CARS Progressive Ticket Is Winner in Suburb of City. Beech Grove voted more than two to one for retention of its street car line to Indianapolis Tuesday, returns showed today. The Progressive ticket emerged victorious over the Citizens’ ticket, candidates of which, it is said, pledged themselves to encourage bus transportation development. William Gearhart was elected town clerk, Charles Adams, town treasurer, and L. C. Dukes, W. S. Newcomer and Harry W. Britton, trustees. Favoij Ordinance The new: tr ustees are said to favor enforcing, and readopting, if necessary, a town ordinance, barring busses from certain streets in the suburb. Suit for an injunction against the trustees, filed by bus operators, Is pending, as also is confirmation of the sale by the receiver of the street car line, which has operated at a loss. The street car line was sold under a guarantee that bus competition would not interfere -with the line’s earning capacity, and confirmation of the sale will be hard to obtain, friends of the street car transportation declare, unless busses are barred. Vote Given The vote was: Progressives Gearhart, 540; Adams, 534; Dukes, 528; Newcomer, 627; and, Britton, 539. Citizens’ ticket —H. E. Bothwell, for clerk, 210. Charles Hartley, for treasurer, 166; and, for trustees, Homer Church, 227; James Boyer, 217; and Hayes Nelson, 188. People’s ticket —Vernon Perkins, for clerk, 104; H. Lee Clerk, for treasurer, 165; and, for trustees, John Lancaster, 123; Leslie Garrison, 99, and Ruben Brown, 129. Howard Frances, running independently for trustee from the Second ward, received 23 votes.

to put a tax valuation on lots In Rochester, Akron, Kewanna and Fulton, 10 per cent higher than the present valuation. Zoercher was officially notified of his citation this morning. The mandate followed an Injunction Issued by the court to restrain the auditor from putting the property on the tax duplicate at the increased valuation. The injunction was issued at the request of remonstrating tax payers, who declared the valuation Joo high. According to board members the mandate was Issued to defend their statutory authority to equalize such real estate valuations. PLAN PARSONS TRIBUTE Organization of the campaign for a memorial to Dr. W. W. Parsons, former president of the Indiana State Normal School, who died recently and for Prof. Howard Sandisoh, was completed at the Claypooi, Monday night. Henry Cromwell of Terre Haute was unanimously elected chairman.

Sintered as Second-elsM Matter at Poatofflee, Indianapolis. Publlahed Dally Except Sunday.

Methodist Hospital Pathologist Says He Thought Miss Oberholtzer Was Recovering as Late as Eight Days Before Death. AIDS DEFENSE THEORY GIRL HAD HOPES SHE WOULD LIVE •State Wins Point in Questioning Expert When Chemist Says There Is No Real Antidote for Bichloride of Mercury Poisoning. By John L. Niblack and William L. Toms Time* Staff Correspondents CIRCUIT COURTROOM, NOBLESVILLE, Ind., Nov. 4. As late as eight days before her death he thought Madge Oberholtzer would recover, Dr. J. 11. AVarvel, pathologist of the Methodist Hospital, Indianapolis, testified this morning in the trial of D. C. Stephenson, Earl Gentry and Earl Klinck, charged with the girl’s murder. Dr. Warvel was the specialist who performed a blood transfusion on the poison victim on April 3. He said that Madge was much improved as a result of the transfusion.

“You thought on April 6, eight days before she died, Madge would recover?” asked Epli Inman, chief defense attorney, who cross-ex-amined the expert. "I did. She was much Improved,” replied Dr. Warvel. Inman was visibly elated, as the defense contends that the girl’s dying statement signed on March 28, was not a bona fide death statement under the law, as Madge had not given up hope of recovering. The death statement Is the keystone of the State’s case. Gives Cause of Death On direct examination, Attorney Charles E. Cox, assisted by Prosecutor William H. Remy, asked Dr. Warvel the now famous hypothetical question, which takes fifteen minutes to deliver, and which has been asked all the other medical experts, concerning the cause of the death of the young woman under circumstances described In the dying statement. The doctor answered that the cause was an infection super-imposed upon the nephritis. Meanwhile, Reniy indicated that the State will complete its ease late today or early Thursday. Defense attorneys will likely present a motion that the Juc'ge Issue peremptory instruction to the jury to find the defendants not guilty when the State closes. The defense, In its motion, probably will enter the formal charge that the State failed to make a case. If the motion Is overruled and the defense puts on its own witnesses It will automatically waive the right to appeal from the denial of the motion, under the Indiana law. Dr. 'Warvel had followed Dr. R. N. Harger, assistant professor in chemistry at Indiana University, who was recalled to the stand for cross-examination on testimony he had given late Tuesday. Dr. Warvel In answering the long hypothetical question evidently based his reply on specific facts In the case and not on a hypothetical basis, because he, Inman and Judge Will M. Sparks engaged in a three cornered argument on hls answer. “In making your answer to the hypothetical question, you assumed that all the facts related were true?” asked Inman. Witness Alert “I answered It on my findings in detailed explanation of the theory of alert young man. “When you answer a hypothetical question, It must be answered purely on that basis, the same as if you never heard of this case," Judge Sparks told the witness. “But hlB question was based oq this case, Judge,’’ said the young doctor, turning to Judge Sparks. The latter then went into more detailed explanations of the theory hypothetical questions, pointing out that such a question Is supposed to be based on a fictitious care and that If “such and such conditions were thus" and "other conditions were so’’ the witness must answer along that line. “It’s over my head,” said the witness. “That isn't the way you practice medicine, doctor, birt that’s the way we practice law,” said the judge. Inman then resumed his questioning. “Doctor, would emphasis like this in counsel’s question, ‘Oh, Dear! Put up the gun!* have made your answer any different than If the emphasis had been ‘Oh! Dear, put up the gun.* Would that have made any difference in your answer?" Dr. Warvel scratched his head while he looked at the Jury witli a quizzical expression on hls face. "I don’t see what difference that makes in medical testimony.” “That’s what I’m wondering, too," said Inman, darting a glance at Attorney Cox, while the crowd, overjoyed at the break In the monotony of medical terms and analysis of (Tuna to Page 2) ♦

Forecast RAIN tonight and warmer tonightj colder on Thursday,

TWO CENTS

Myers Regrets Efforts Fail WALTER MYERS, defeated • candidate for mayor, today expressed regret that the tireless efforts of Democratic workers and his friends had not resulted in success and said he wished to thank all citizens who supported the ticket. “I congratulate Mr. Duvall on hls election," he said. “We are not ashamed of the fight we made, but stand ready and willing to give our best and most earnest efforts to a better and greater city Jn the future," Myers said. “Were not licked permanently. Just wait until the Democrats elect two United States S“nators this fall.”

JUDGE RULES FOR DR. KING Motion to Dissolve Restraining Order Overruled. State hoard of health members will continue to he restrained from removing Dr. William F. King, board secretory, from offlco and from Interfering with his work, according to a ruling given today by Special Judge Oren S. Hack in Superior Court Four. Judge Hack overruled a motion of the health board to dissolve a temporary restraining order granted Dr. King against the board members. Tho board charged malfeasance, growing out of nn alleged charge that Dr. King Increased salaries of department employes without authorization of the board. In his ruling Judge Hack declared the State health board members aro “acting entirely beyond the limits of of their authority” when they try to remove another board member. He said that where a person is elected or appointed to an office for a specified tenure the persons seeking to Interfere with his legal duties are without authority of law.

SUIT FILED ON CITY TAX LEVY Seek to Mandate Higher Sanitary District Rate. A complaint to mandate the collection of the Indianapolis sanitary district tax levy at $.065, as authorized by the city council over Mayor Shank’s veto, was filed in Superior Court Five today by the State of Indiana on relation of the city of Indiana polls. Defendants were the State tax board, Harry Dunn, county auditor, and John L. Duvall, county treasurer. Suit alleged that the mayor’s cut was without authority of law. On Sept. 21, 1925, the council passed the $.065 rate over Shank's veto, this rate being reported to the State tax board. The board declared this lower rate of $.055 is logal and valid. The suit asked that the court mandate the tax board to order Harry Dunn to enter the $.065 rate upon his books and that Duvall make his tax collections on that levy. DEMOC RAT IS WINNER Uu l nlt'd }’re.j BOWLING GREEN, Ky., Nov. 4. —John W. Moore, Morgantown, Democrat, was elected to Congress .yesterday from the Third District, to succeed the late Hobart X. Thomas. j