Indianapolis Times, Volume 37, Number 168, Indianapolis, Marion County, 14 November 1925 — Page 1

Home Edition MR. FIXIT will help you with your problem* at the City Hall. His column appears on the editorial page daily.

VOLUME 37—NUMBER 168

STEPHENSON CASE WITH JURY

‘HOW COME? TO BE GREETING OF KLAN FOR JOHN Order, After Stormy Meeting, Decides to Delay Action. SPLIT IS THREATENED Speakers Hurl Denunciations at Coffin. Mayor-Elect John L. Duvall will face a committee of Ku-Klux Klansmen and explain why George V. Coffin, Republican city chairman, has been given more consideration in appointments tjian the Klan. The Klan will officially withhold judgment upon Duvall, whom it backed in the election, until Duvall has had a chance to recall the appointments given Cofffn men and give the Jobe to dyed-in-the-wool Klansmen. These facts stood out today as the result of a spirited session of Klansmen in Tomlinson Hall, Thursday night. Duvall Assailed Some speakers at the meeting,’ open only to Klansmen who could pass three sets of guards, bitterly assailed Duvall and urged that the Klan either for a political party of its own or switch to the Democrats in the next election, but leaders succeeded in counselling the majority to bide their time until the Klan can get in touch with the fugitive mayorelect, hiding out in the vicinity of Pekin, Mackinaw and Springfield, 111. A leading attacker of Coffin was William A. Boyce Jr., city clerkelect, following preliminary lambasting by George S. Elliott, Klan cyclops, named park board council-men-elect. All except Bynton J. Moore, who is ill, p renewed - their pledge to support the Klan, according to reports. The Klan program for city schools will be carried out, members of the school board-elect were said to have promised. Among those who attended the meeting were Fred ICepner, Theodore F. Vonnegut and Lewis E. Whiteman. “On again, off again, and on again” was the way "Judgie” Charles ,T. Orbison, ex-Democratic Federal prohibition director, is said to have described his treatment from Duvall, who first appointed him (Turn to Fage 11) TIMES ARTISTS PROVE POPULAR Firemen Phone Requests to Studio at Severin. Popular song night on the Times radio program Friday night over WFBM was such a big success that the artists did three times as much as announced. The Universal Syncopators were such a “hot” success that the men at one of the fire stations called the studio at the Severin and asked them to play “Yearning.” They did. Bud Harris and Dot Haltgreen, accompanist, scored another success on their second appearance on a Times program. One of the fine hits of the evening was the work of May Warren and Lois Lloyd, known on the variety stage as Lloyd and Warren. LOCAL YOUTH DIES IN CRASH Accident at Noblesvilie Fatal to Boy. Bn Times Special NOBLESVILLE, Ind., Nov. 14. John Kirkpatrick, 19. of 1919 English Ave., Indianapolis, was instantly killed early today when the machine in which he and John Hanley, 122 S. Reichwein Tve., Indianapolis, were riding collided with a truck driven by Guy Barnett, Kokomo. Kirkpatrick, thrown out on the road, was dead when picked up. Hanley was arrested and placed in Jail here. He will be held while the coroner Investigates. CITY TRUST TO MOVE Will Take Over National City Bank Bldg. Rooms. City Trust Company, Market and Delaware Sts., will occupy the National City Bank Bldg., banking rooms, 108 E. Washington St., after Jan. 1, Dick Miller, president, announced today. Lease for ten years will be signed next week, according to George J. Marott, part owner of the building. Terms were not given. Since failure of the National City Bank almost two years ago the rooms have been vacant. _

The Indianapolis Times COMPLETE WIRE BEH VICE Os THE UNITED PRESS M. WORLD'S GREATEST EVENING PRESS ASSOCIATION

‘Who Is This Flirt Chap Jolson?’ All the Boys Fell for Kip’s Girl, Letters Show.

811 United Press _ 14. —Sought after by Broadway stars, pursued by many, the recipient of jewels and other presents, Alice Beatrice Jones, daughter of a negro cabman, finally yielded to Leonard Kip Rhinelander, last of the historic Huguenot family. That, at any rate, is the picture she presented before the eyes of her husband, according to Rhinelander's counsel in his suit to annul the marriage. More illiterate letters from Alice to Leonard are to be read in court Monday before young Rhinelander is turned over to the defense for cross-examination. But it is doubtful if the billet doux to come will so fascinate the courtroom as those read before adjournment yesterday in which the girl let it be known that among others, A1 Jolson and Irving Berlin had not frowned upon her. And the Westchester County Su- j preme Court probably never will hear more honest laughter than when the venerable Isaac N. Mills, counsel for the young aristocrat, looked up from one letter and asked "who is this Jolson?” In her letters Alice implied she had met both Jolson and Berlin while she was working as a maid for a family in the Adirondacks. The composer of popular songs was referred to as “a swell chap” and Jolson as “some flirt with the girls.” MITCHELL ARMY TRIAL TO LAST MQHTJIQRjMORE Foley to Testify at Shenandoah Inquiry Monday After Resignation. Bn United Press WASHINGTON. Nov. 14.—Re cessed until Tuesday the Army courtmartial trying Col. William Mitchell for misconduct probably will be kept in session for a month or more, to complete the cases of both defense and prosecution, it was apparent today.* Interest now is centered in the reconvening of the Shenandoah Naval inquiry court Monday. Capt. Paul Foley, judge advocate of this board, has resigned following charges of' Mrs. Zachary Landowne that he J tried to have her “whitewash” the j Navy in the Inquiry. A sweeping inquiry into the charges was forecast in subpoenas sent out for prominent, persons connected with the incident. Foley on the stand Monday, is not expected to deny authorship of a memorandum which Mrs. Lansdowne said was given her, but will defend his action as being designed to save Mrs. Lansdowne unnecessary questioning. Mrs. Lansdowne has been summoned to appear before the Shennandoah board but Mitchell's counsel have indicated they might oppose her recall. She told the board a month ago that her husband, commander of the giant dirigible which crashed in Ohio killing fourteen, had protested to Navy officials against taking his ship on a “political trip.” LANGLEY STILL GUILTY Federal Appeals Court Upholds Conviction of Congressman. Bn United Press CINCINNATI, Nov. 14.—Conviction of Congressman John W. Langley, Kentucky, for conspiracy to illegally withdraw 1,400 cases of bonded whisky from Belle Anderson warehouse, Lawrenceburg, Ky., was affirmed in a Federal Appeals Court decision filed today. Appeal to the United States Supreme Court will be perfected immediately, his counsel announced. MAN SLAIN b7~M!STAKE Police Kill Taxi Driver While Negro IRds Him Up. Bn United Press CHICAGO, Nov. 14.—Andrew Richards, a taxicab driver, was killed by police guns here today during a hold-up in which Richards was being robbed. A negro was holding Richards at bay with a gun while he took the taxi driver’s valuables. Two officers slipped up on the oppostie side of the cab- and Richards Jumped out into the range of fire. The robber was captured, but unharmed. LAD, 15, LOSES EYE Friday the Thirteenth Unlucky for Bedford Youth. Bn United Press BEDFORD, Ind., Nov.. 14.—Edward Parham, 15, today faced life with only one eye. Friday while playing with a revolver loaded with blank cartridges the gun was discharged and a fragment of the charge struck the lad in the eye.

PROTEST UPON SURGEON BOARD MADE BY VETS Unfairness in Pension Exams in County Is Alleged. REMOVAL IS REQUESTED G. A. R. Official Says Petitions Have Been Sent. Scores of Civil War veterans, one on his death bed .have been rejected by the Marion County board of surgeons, which examines Civil War veterans for pensions, A. J. Ball, secretary of the Indiana G. A. R. said j today. He announced that ninety Marion County veterans have petitioned Pension Commissioner Winfield Scott, in Washington, to have the board removed. Ball said many rejected have been ! acepted in other counties. He said the board is unfair and harsh in its rulings. The petitions, which were turned over to Representative Ralph E. Updike, by Scott, charge the board is unfair and harsh in its rulings on veterans asking pension increases. The petition signers include A. J. Ball, R. W. Mcßride, A. H. Haines, David Stevens, R. H. Gould, and J. G. McKay. All are members of G. A. R. posts,’ according to the petitions. Updike will investigate the complaint soon, he said. GROUPS TO AFFILIATE W. C. T. U. Votes to Join With Ixcal Council of Women. Announcement was made today that steps are under way to affiliate the Central W. C. T. U. with the Local Council of Women after an invitation was entended by Mrs. Bert S. Gad, council president. The Temperance Union voted this move Friday afternoon at a me> ting In the Fletcher American National Bank. Mrs. William Paulsel gave a talk on William Jennings Bryan. ENGINEER DENIES GUILT Pilot of Wrecked Train Held Under .510,000 Rond. Bn United Press NEW BRUNSWICK, N. J.. Nov. 14.—T. J. Carroll, engineer of the Mercantile Express of the Pennsylvania railroad, which killed ten men in a collision with a WashingtonNew York train Thursday, today pleaded not guilty, waived examination and was held in SIO,OOO bail to await action of the grand jury on ten warrants charging manslaughter. I NYE GIVEN LADD SEAT Non-Partisan .Publisher Appointed North Dakota. Senator, Bn United Press BISMARCK, N. D., Nov. 14.—Appointment of Gerald Nye, Coopertown. N. D., publisher, to fill the vacancy in the United States Senate created by the death of Senator Edwin Ladd was announced today by Governor A. G. Sorlie. The appointment holds only until the special election next June, Nye is a nonpartisan. WATSON TO BEIiPEAKER Senator Will Address Y. M. C. A. Rig Meeting Sunday. Senator James E. Watson will speak at the Y. M. C. A. “Big Meeting” Sunday at.3 p. m. at the English theater. His topic, will be “The great issues confronting American manhood.” A 11. Goddard, chairman said the meeting is non political. Special music is planned. A special meeting for boys under seventeen will be held at the Y. M. C. A. at 2:30 p. m. BLAST SHAKES HOUSES Central Connecticut Is Given Earthquake Scar®. Tin United Press HARTFORD, 1 Conn.. Nov. 14Earth tremors from the explosion of five tons of dynamite used to blow up a dam on the Connecticut River at Rainbow, today gave residents throughout central Connecticut an earthquake scare. Reports from Mood us, Wethersfield and Wlllimantic showed that the tremors were of sufficient violence to shake houses and rattle risnes. DEBT CONTRACT SIGNED Italy to Pay 52,407,000,000 for $1,647,000,000 I>ian. Bn United Press WASHINGTON. Nov. 14—Smiling broadly, Secretary of the Treasury Mellon and Finance Minister Volipl of tlaly today signed at the United States Treasury the Italian debt agreement. Under its terms Italy will pay this nation $2,407,000,000 over a period of 62 years as reimbursement for a war loan of sl,647,000. The agreement will be effective when and if Congress and the Italian parliament ratify it.

INDIANAPOLIS, SATURDAY, NOV. 14, 1925

Eighty Acres for Blind Mare and S4OO

gyft ", t % 1 1 ' v >v < '** ■"

Left to Right: Mrs. Catherine McC ormiek Eagle, Henry Roberts, Statehouse custodian, and Gov. Jackson

Tree Planted in Honor of First City Settler Who Made Sale. A blind, gray mare and S4OO for eighty acres of land that is now the highest point in Crown Hill Cemetery! That was what James McCormick, the father of Mrs. Catherine McCormick Eagle, 422 E. Sixteenth St., received in 1820. Cut Into building lots that land today, at a low estimate, would be worth $1,000,000. Mrs. Eagle, age 75, the daughter and only direct living descendant of James McCormick, one o i the two brothers who built the first white man’s dwelling in Indianapolis in 1816, planted two trees, assisted by Governor Jaekson, in the Statehouse grounds, Friday afternoon. The trees, Indiana tulips, were from the farm of Amos E. McCormick, her grand-nephew, near Cartersville, Ind., and will beknown as the “McCormick” and “Governor Jackson” trees. The spot where they were planted was on the original cornfield that the McCormick brothers cleared back in those early Indiana days, then on Government land, as was the site of the cabin which is commemorated as the first white man’s dwelling in Indianapolis by a large stone marker on the east bank of White River, near the W. Washington Street bridge. BODY FOUND AT UNION STATION Man Is Believed to Have Committed Suicide. The body of an unidentified man today is in the city morgue, where it was taken nt 3 a. m. after police found it in the washroom of the Union Station. Sergeant McClure and emergency squad believed the man committed suicide. A 32-cal-iber revolver with one exploded shell lay by his side. No one witnessed the death. Charles Mlchell, railroad police officer said he saw the man enter the room. He is said to have come into the city on the 2:45 a. m. train from Peoria, 111. A small hand grip contained no Identification, but had a quantity of alcohol in it. The label in his overcoat was that of E. K. Robson, Champaign, 111., and a key ring bears the name of Charles Owen, 86 N. Neid St„ Champaign. 111. He had some money and a watch, was well-dressed and appeared to be about fifty years old. DURKIN THOUGHT HIDING “Suicide Note” Partially Established as a Hoax. Bu United CHICAGO, Nov. 14.—Martin Duri kin, desperate gunman, wanted for three killings, is hiding in the city and a note found yesterday declaring he had committed suicide was a hoax to throw searchers off his trail, police believed today. Mrs. Hattie Gallow, Durkin's cousin, was identified as a woman who fled from a bridge over the Chicago River Just before bits oi Durkin’s clothing and a “farewell” note were found. LEAPS FROM WINDOW Man Injured When He Escapes From Burning Home. Clement Bell, colored, living at the home of Mrs. Irene Davis. 661 Thornton Bt., is suffering today from injuries received late Friday when he leaped from a second story window when a coal oil stove explosion caused a firs. Damage was estimated kt SI,OOO.

REPORTER ARRESTED AT KU-KLUX RALLY Found in Attic Attempting to Hear Proceedings at Tomlinson Hall Meeting Through Crack.

Despite the fact that Orin E. Davis, captain of Horse Thief Detectives, lost an appointment to the board of safety during one of MayorElect John L. Duvall’s changes of mind, he exercised his police talents Friday night at the Klan political mass meeting. Davis and a crew of amateur cops deserted pursuit of wayside lovers and persons who halt their cars to

Hoodoo and Friends of Couple Foiled One minute after midnight on Friday, Cupid scored over the bogey-man of Friday the thirteenth, and Miss Georgia Fredenburg, daughter of B. W. Fredenburg, 140 Hampton Dr., and Paul A. She rick were married at the home of the bride. The wedding followed a bridal dinner at which the Rev. F. S. C. Wicks, who performed the ceremony, was a guest. The wedding, scheduled for high noon Saturday, was to have been attended by many friends of the young couple, w r ho, it was learned, were planning to put obstacles in the way of a successful "getaway.” So they set the wedding ahead eleven hours and fifty-nine minutes —and they fooled Friday the thirteenth by just sixty seconds.

MAY ARREST OHIO DRIVERS But Officials Seek Agreement in Truck War. Possibility of wholesale arrests of Ohio truck drivers under the reciprocal automobile license lawpassed by the last Legislature was reported to the public service commission today as State officials of both Indiana and Ohio were preparing to reach an agreement to prevent arrests of Indiana truck drivers in Ohio. The reciprocal law provides that the State impose license fees on motor vehicles of States tha.t do not give reciprocal privileges to Indiana vehicle owners. Atty. Gen. Arthur L. Gilliom. Secretary of State Frederick E. Schortemeler, and a member of the public service commission will confer here with a like committee from Ohio. Transfer officials Friday night formed the Associated Haulers of Indianan to seek retaliatory measures. COP’S WIFE IS JAILED Sold Bnoxe While Hueband Hunted Bootleggers. Bu United Press GARY. Ind., Nov. 14.—While her husband was out attempting to catch bootleggers, as a member of the Gary police force. Mary Dubrojo carried on a thriving business selling wine. She began serving a sixty-day sentence in prison today foliowring her conviction Friday. Her husband, who was suspended from the police force, will care for the couple’s seven children. HOURLY TEMPERATURE 6 a. m 43 10 a. m 49 7 a. m...... 43 11 a. m'-.... 51 8 a. 45 13 (noon) .... 54 9 a. m. 41

“arrest" a newspaper reporter they found in the attic of the hall ensconced near a friendly crack through which proceedings of the gathering were expected to filter to his ears. The Klan side of the episode is that Davis and his cohorts saved the newspaperman from bodily injury from incensed Klansmen who sought to mob the reporter, and bore him safely <o the police station. "Let me at him; I’ll cut his heart out!” one member of the audience is said to have exclaimed. The Klansmen slated the reporter on a blind tiger charge because they said they found a bottle of whisky in the reporter's possession. "They framed me,” said the reporter. who after his release on bond showed no evidence of Intoxication. “Someone slipped a bottle in my pocket. “I went to the attic because 1 wished to write n story on the politcia.l events of the meeting; I believe the public is entitled to know what political action an organization intends to take,” the newspaperman said. CHAPMAN WINS DAY IN COURT Bandit to Be Ordered Before U. S. Judge. Bu United Press NEW HAVEN, Conn.. Nov. 14. Federal Judge E. R. Thomas today announced he will sign a writ of habeas corpus Monday ordering State Prison Warden Scott to produce Gerald Chapman in Federal Court at Hartford, Nov. 25, after a conference with Chapman’s lawyers. Counsel for the “prince of bandits” will contend that tinder the writ by which Chapman was produced in the State Court here for trial for the murder of a New Britain policeman which resulted in his sentence to hang. Chapman still is a Federal prisoner and must, serve nut his twenty-five-year sentence in Atlanta Federal penitentiary for robbing the mails in New York, before Connecticut can hang him. ANOTHER AUTO DEATH Man, 71, Struck By Machine, Thursday, Dies at Hospital. Fifty-ninth auto accident fatality this year, was registered early today when George Graham, 71. Chicago hotel, 212 W. New York St., died at city hospital of a fractured skull received when he was struck by an auto. Thursday, at Pierson Ave. and Vermont St. Motorpollce. Hague and Petit said that Graham walked in front of an auto driven by Russell Scott. 1316 W. Thirtieth St. Graham did not appear to be seriously injured and he was taken to his room, but later was taken to the hospital when his condition became critical. Scott will be reslated on an involuntary manslaughter charge, police said. NICHOLSON GIVES TALK The gradual changes during the past half century in Indianapolis as related to his life, were told Friday night by Meredith Nicholson before the Men’s Club of St. Paul's Episcopal Church. He reviewed his school days and his first impressions of Indianapolis when he worked aa a reporter.

Entered as Second-class Matter at Tost office, Indianapolis. Published Bally Except Sunday,

Fate of Trio Given to Twelve Men After Judge Reads Lengthy Instructions on Law—May Convict Trio on Three Different Charges. CROWD WAITS IN HOPE THAT EARLY VERDICT WILL FOLLOW Final Appeal for Conviction of Defendants Charged With Murder of Miss Oberholtzer Made by Kane for State. By John L. Niblack and William L. Toma Staff Com*npondf*ntn CIRCUIT COURTROOM, NOBLESVILLE, Ind., Nov. 14. Following five weeks of one of the hardest fought murder trials in the history of the State, the ease of D. C. Stephenson, Earl Klinck and Earl Gentry, charged with the murder of Miss Madgo Oberholtzer, was turned over to the jury at II ;4G a. m. today by Judge Will M. Sparks. Judge Sparks took forty-five minutes to read his instructions on the law to the jury. Ralph Kane, State’s attorney, closed sixteen hours of final argument at 11 a. m., leaving the jury weary.

Bailiff Ingram Mallory of the Hamilton Circuit was sworn by tht judge and immediately took the Jury to their room, while the overflowing crowd stayed in hopes ox an early verdict. The first tiling tite jury did was to go to luneli. "If you find from the evidence in this case, beyond a reasonable doubt, that the death of the deceased resulted directly or indirectly from a bite inflicted upon her person by one of the defendants, then I instruct you that he would be criminally responsible for such death, even though other causes may have contributed to her death, provided that all the other material allegations of either the first or third counts ol said indictments have been proven beyond a reasonable doubt,” Judge Sparks instructed the Jury. The Charge The trio was accused of getting Miss Oberholtzer drunk, taking her in a Pullman car to Hammond, Ind., attacking and belting her en route, and of refusing her medical aid after she had taken poison in a Hammond hotel. "A tienson is liable for a homl<ide in accelerating the death of one whose death wou'd necessarily have soon resulted ,’rom an incurable illness and the degree of the homicide is not changed by the presence and effect of such illness,” instructed Judge Sparks. “The fact that death might, and probably would have occurred from other causes is not extenu.'ition of the said person's guilt.” “And if you find from the evidence in this case beyond a reasonable doubt that Madge Oberholtzer was suffering from a fatal illness, as a result of bichloride of mercury poisoning. and if you further find that at the time of such illness the defendants or any of them have previously assumed control and custody of her person by force, and if you further find that while they were in such control and custody they failed to provide proper medical attention for her. within their means or that they refused to permit her or prevented her from obtaining such medical attention for herself and In so doing shortened her life or hastened her death, or if you should find from the evidence they eompjelled or induced her to take a ride in an automobile of 100 miles or more and imprisoned her in a garage without medical at tention and that said ride a.nd said imprisonment contributed to her death or hastened It. then you would be warranted in finding the defendants guilty of felonious homocide, even ethough It should appear from the evidence that they believed at the time medical attntion would not hav saved her life.” Manslaughter Defined Instruction No. 48 by the judge was as follows: "If you are convinced by the evidence beyond a reasonable doubt that these defendants or any of them them voluntarily took Madge Oberholtzer into their custody while she was in a weak, sick or helpless conditlon from any cause whatsoever, and continued to exercise this control and custody over her and that while they were so exercising such control and custody over her she became violently ill from any Souse whatsoever then I Instruct, you that it was their duty under the law to care for her without wicked negligence. to supply her with care and medical attention if necessary, within their means, and to render her whatever assistance the evidence in this case shows beyond a reasonable doubt to have been necessary, if any, to the preservation or the prolongation of her life, and if you believe from all the evidence that they did so take her into their custody and that she did become violently ill for any reason whatsoever, and if you further find that they failed and refused to render her such medical attention and assistance within their means, and if you further find thgt she afterwards died as the result of (Tarn to Pag* Z)

Forecast J j RAIN tonight nnd Sunday j warmer tonight-; colder on Sunday.

TWO CENTS

mm makes NEW RULING ON STATE SALARIES □pinion Given After Finance Body Disregards Former One. Salaries of toachers and officers 'n State penal and correctional institutions cannot bo changed by the State finance committee, Atty. Gen. Arthur L. Gllllom held in an opinion given Lawrence F. Orr, committee member, today. And now the waters of State salaries are more muddied than ever, for the finance committee late Friday, at a final meeting with Governor Jackson, disregarded a former ruling by GUllom and left in effect salary reductions of department heads. Salaries Ruined Several salaries of subordinates, which had been slushed before, wore raised to some degree. More will be heard of the salary question when the finance committee meets about Dec. 31, to consider institutional budgets. Gllllom held that trustees have Jurisdiction over salaries. Committee’s Work Here's some of the things the committee did Friday: Increased Earl Carter, public service commission engineer’s salary to $4,000, after having cut it from $4,200 to $3,800; placed the salary of Perry Reeves, State employment bureau head, at $2,700, amending a reduction from $3,600 to $1,800; authorized Alfred Hogston, State fire marshal, to employ an attorney as second deputy and increase his salary from $2,400 to $3,00 a year, instead of employing a special attorney, and raised several other salaries previously cut. DIG WAY TO FREEDOM Seven Miners None the Worse for Experience. Bu United Priss TRENTON. Mo.. Nov. 14.—None the w-orse for their experience seven, miners trapped 200 feet underground by a rock slide at the mine entrance ddg their way to freedom shortly before midnight last night after being imprisoned nearly eighteen hours. * iinfnr sonnet me The average family argument is settled by both parties admiiing the Ate U wrong, i