Indianapolis Times, Volume 37, Number 192, Indianapolis, Marion County, 12 December 1925 — Page 1

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VOLUME 37—NUMBER 192

D. C. STEPHENSON DENIED NEW TRIAL

DRY BODY IS SCORED BYJUDGE Collins, in Criminal Court, Assails Anti-Saloon League. LAWYER IN PARTICULAR Says Search Warrant Statement Was ‘Propaganda/ The Anti-Saloon League and its attorney, A. E. Miles, were scored Friday afternoon by Criminal Judge James A. Collins, when he sustained a motion to quash the search warrant and suppress evidence against Henry Pitman, 853 Birch St., who appealed from city court on a blind tiger charge. In city court Pitman was fined ?100 and cos';3 and sentenced to thirty days on the Indiana State Farm. Judge Collins flayed Miles for a statement taking exception to his ruling on the validity of an affidavit for a search warrant issued by a justice of peace in the case of Edward Thomas. “Published as Propaganda” “The Miles statement was not part of any proceeding before the court, but was published as part of the propaganda carried on by his association against the judicial department of our Government when rulings, opinions and findings do not square with what this organization believe!, should be the proper interpretation of the law,” said Judge Collins. Judge Collins said the State has a right to appeal from his ruling. He said that until it is reversed by the State Supreme Court it is binding upon every citizen within the jurisdiction of the court. “Twice within this generation the people of this country have repudiated the suggestions of reformers that the orderly processes of the judicial department of government be turned over to the mob. The first, was the campaign for the recall of judicial decisions, and the second the La Follette plan to take from the Supreme Court of the United States, by an amendment to the Constitution, the power to pass (Turn to Page 2)

STOVE CAUSES SSO,OOOBLAZE Knightstown Menaced When Lumber Plant Burns. Bv United Press KNIGHTSTOWN, Ind., Dec. 12. An overheated stove was given today as the cause of a fire which swept the Frank Maugh lumber plant here Friday night with a lose of $50,000. The company’s main building and a large stock of lumber were destroyed by the flames -which raged unchecked for more than two hours. Fire apparatus was called from Newcastle and Greenfield to prevent the blaze from spreading to other buildings. The blaze started in the office where there had been a hot fire in a heating stove. WILLIAMSPORT, Ind., Dec. 12. Loss from the fire which damaged the Kesiter elevator Frioay was placed today at $50,000. PHONE CASE DELAYED Art in an 111, Oral Arguments Are Postponed. Arguments In t,he Indiana Bell Telephone Company appraisal investigation, which were to have been Monday, were postponed indefinately today, by the public service commission due to the illness of Commissioner Samuel IL Artman. LAD HURT BY AUTO Edgar Norting, 8, of 2330 E. Tenth St., was bruised about the head when struck by an auto driven by Louis Ketchum, 914 N. Keystone Ave., late Friday. The boy was taken home. Ketchum was slated.

Has Santa Any Policeman Suits?

LB those shiny buttons on a A policeman’s suit! That’s what •* VI has attracted one baby boy whose letter of appeal written by his has finally reached The Times Santa Claus. Sonny’s short liet of toys that he’s ordered from Santy Includes a "plisemun’a suit with gold bittona." He’ll certainly

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News Stories Wanted Have you sent in your news story in the “Love Dodger” ’ contest. Any happening of general interest is news. The Times will pay $lO a day for the best story submitted by a reader and $1 apiece for all other news items so submitted and printed. Send in your news story and then read how Barbara Hawley became a reporter. Her story starts today on page 8.

FRENCH AID IS REFUSED TURKS Briand Declines to Line Up Against British. Bu United Press GENEVA, Dec. 12.—The Turkish delegation’s eleventh-hour hope of securing French support for their position in the Mosul mandate dispute before the League of Nations council was shattered today when the Turkish envoy at Paris, Fethl Bey, telegraphed the Turkish foreign minister-delegate, Tewflk Roschi Bey, here that the latter’s proposed trip to Paris would be useless. Fethi Bey was understood to have been informed by Premier Briand that it would be impossible for France to interfere in the situation. Briand is reported to have told the Parisian envoy that France was sufficiently occupied with her own Syrian problems and that as Great Britain had not interferred with the French in Syria, France could not well interfere in Mosul.

NURSES EXPECT RECONCILIATION Conference With Hospital Heads May Be Held. Reconciliation between Methodist hospital authorities and nurses who protested against twelve hours of duty in short shifts, was expected soon today. "A conference may be held today,” said Miss Grace Whitwer, president of senior nurses. Thirty-five nurses quit wo:k Friday, she said, asking a return to a schedule of straight eight-hour shifts. Four have gone back to work, according to Miss Whitwer. Dr. George Smith, hospital superintendent, said only fifteen nurses had quit. The twelve-hour-of-duty schedule permits the hospital to keep closer check on the girls, many of whom come from small towns, he said. j

ROAD WOULD SUSPEND Central Indiana Line Asks Ijcave to Abandon Entire Line. Bu United Press WASHINGTON. Dec. 12.—The Central Indiana Railway today applied to the Interstate commerce commission for authority to abandon its entire line of 118 miles, extending from Muncie to Waveland Jet., with a branch from Sand Creek to Brazil The application said the road has not earned enough revenue to pay operating expenses and taxes in any year since 1903, with the exception of 1923.

GIRL SHOT BY FATHER Man Mistakes Sleep-Walking Girl for Burglar. Bv United Press JERSEY CITY, N. J., Dec. 12. Mistaking his sleep-walking daughter, Rose, for a burglar, Anthony Carbone early today shot and accidentally wounded the nine-year-old child. Rose was taken to a hospital, the lip of her mouth was torn away and three teeth missing from her upper jaw. GIRL KILLS SELF Bv United Pref.it GREENVILLE, S. C., Dec. 12. They found Bertha Bishop, 18, shot through the head and a note near by which designated four boys whom she desire to act as her pallbearers. BEDFORD YOUTH SOUGHT Police today were asked to find Ralph Chilton, 19, Bedford, Ind. His mother said he came here Friday to Join the Navy. HOURLY TEMPERATURE 6 a. m 32 10 a. m 42 7 a. m 32 11 a. m 44 8 a. 33 12 (noon) .... 48 9 a. m 37 1 p. m 51

be “arresting” in that suit—if he gets it. He's just one of the babies of poor families, who have set their hearts on special toys and playthings, expecting the bewhiskered, benign old Santa Claus to bring them to him. He’s just one of the little tads that The Times thinks you're looking t4r

BOMB FROM AIR PERILS AMERICANS Shell Explodes Near Train Carrying U. S. Citizens Back to Peking. PLANE DROPS MISSIVE Incident Follows Venture Into Heart of Battle. Btl United Press PEKING, Dec. 12.—An airplane this forenoon dropped a bomb unpleasantly close to the international train, bearing Americans and British, which was forced to turn back toward Peking yesterday, after having been tired upon. The train was en route to Tien Tsin yesterday when it came within the range of bursting shells at Yangstun station, where a battle was raging between forces of Feng Yu Hsiang and Li Chlng Liin. Passengers were forced to seek shelter under the cars. Twenty Aboard As the train neared Pekin this morning, after turning back, it was bombed from the air. Twenty Americans held passes to board the train. It is possible all did not use them. When he learned that the train was disabled by shell fire in the midst of the battle, General Conner, commander of American forces in China, obtained permission to send a food relief train from Tien Tsin." It never reached the endangered foreigners , but this likely was due to the fact that the international train had started back to Peking. Protest Made While the t.rtßn was halted the pasengers suffered from freezing weather, a Mrs. Qalhoun, trho said she was the widow of a former American envoy to China, said. The diplomatic corps has protested to General Feng under the terms of the boxer procotol, which stipulated foreign troops were entitled to control of Yan’sung.

TWO DRIVERS ARE FREED Involuntary Manslaughter Charges Dismissed in City Court. Two Involuntary manslaughter charges were dismissed by City Judge O. Wilmeth on recommendation of Coroner Paul F. Robinson. Charges dismissed were against. Clarence Ryan, 4316 E. Washington St., whose auto on Oct. 26 is said to have struck and fatally injured George McCord, 29, of 708 Fletcher Ave. William Fouts, 1530 S. Randolph Bt., said to haye fatally injured Kenneth Betzler, 11, of 1423 Gimber St., on Nov. 3.

COURT SHOOTING IS INVESTIGATED Inquiry Into Wounding of U. S. Marshal. Investigation of the activities of Federal prohibition agents and a shooting fray in Federal Court at Ft. Wayne Friday, which United States Marshal Linus P. Meredith was injured. was begun today by Deportment of Justice agents. The shooting was done by George Washington, colored. Meredith suffered a powder burn on the left thumb. Washington testified for the defense in a liquor case before Judge Thomas W. Slick. He said that he had been a “spotter” for the agents, who charged his testimony was erroneous. Washington is held in the Allen County jail on contempt of court charges. SUFFERS FROM POISON Albert Thompson, 48, a roomer at the Oxford Hotel, 117 V& S. Illinois St., was found suffering from the effects of a poison tablet, in his room late Friday and taken to city hospital. His condition is not serious, police say, as the tablet was taken to produce sleep.

this Christmas —for whom you’d like to make some dreams come true. Wouldn't you enjoy visiting this little fellow’s mother and finding out just what Sonny and his little sisters want for Christmas, and then on Christmas morning, justify their faith in good old St. Nick, by seeing (Tinfo to Page 2) (

INDIANAPOLIS, SATURDAY, DEC. 12, 1925

Here*s Proof Christmas Is Coming

BEm., . nm n mi m m —] f ■Nth f-- Jh

Clerks in the parcel post station at Illinois and South Sts., say they are the busiest persons in Indianapolis since the Christmas mail rash started. Left to right, (in front of the first table) G. H. Brewer, George G. Stewart and F. M. Meals; (behind first table), J. Duff, Jesse L. Priest and J. I*. Ford; (in front of second table), David J. Light, H. T. McCarty, A. .1. Callahan and R. B. Barnes; (behind second table), O. C. Workman, J. M. Jones, B. B. Lind Joy and G. F. Huber.

Champ Husker Is Near Collapse Bu Times Special HERIDAN, Ind., Dec. 12. —Fred Merrill was under a doctor’s care in a state of near collapse today. He husked 235 bushels of com in nine hours and fifty-five minutes. Before that he averaged 180 bushels for twenty days straight. Farmers say It is a record for the central states.

RIKHOFF TO PARK BOARD Chief to Succeed Johnson, if He Will, Says Mayor. Police Chief -Herman F. Rikhoff will succeed to the place on the park board resigned by Emsley W. Johnson, if he will accept the position, Mayor Shank announced today. Johnson will succeed Charles A. BoQkwalter, who will resign Dec. 19 because of ill health. Park board members plan to resist proposal to supplant them by another board appointed by Mayor-Elect John L. Duvall.

SAYS MATE WAS CRUEL Woman and Man Who Attacked Husband Given Terms. “I planned to kill my husband because he was cruel to me and ran around with other women,” was the excuse of Mrs. Margaret Betschey, 18, when she and Coy Chapman, 20, pleaded guilty to charges of assault and battery with intent to kill before Criminal Judge James A. Collins today. Judge Collins fined each SIOO and costs and sentenced them to two to fourteen years in prison. They were alleged to have conspired to kill Betschey.

U. S. fORMALLY INVITED Country Asked to Help Arrange Arms Conference. Sir United Press GENEVA, Dec. 12.—The United States was invited this afternoon by the League of Nations council to share in the work of framing an arms conference under League auspices for next year. This invitation followed council ratification of similar requests to Russia, Germany and a group of lesser nations to sit with ten council members on the disarmament conference preparation commission which will convene here Feb. 15.

FLAPPER FANNY sayy.

’ m-m _ • * • IMS ST MCA SERVICE. INC

On© thing Hhat succeeds by beginning at the foot is a pet com. \

ROMINGER, NEW GOP, OFF AGAir Suspended by Police Captain on Drunk Charge. Forest Rominger, newly appointed patrolman, was off the force again today, suspended by Police Capt. Herbert Fletcher c-n a drunkenness charge. Rominger, a former lieutenant, was demoted to patrolman and later discharged. Fletcher said other officers found Rominger at the home of Robert Butler, 1149 Vanderaann Ave., with Patrolman Ralph J: Ronertson, another new appointee. Rominger said he was searching for a man on an assault and battery charge. Previously he had called Fletcher and told hinAhe was sending ia a load of prisoners. Fletcher investigated when Rominger failed to in at 1:15 a. m.

TO ADDRESS ROTARY International Authority On Sanitation Will Speak Tuesday. Col. William G. Archer, Evansville Rota.rian and international authority on sanitation, will be principal speaker at a meeting of the Indianapolis Rotary Club Tuesday, Dec. 15, at the Claypool. YACHT SEARCH ORDERED Coast Guard to Hunt S toiler's Craft With Eleven Aboard. Bu Unit’d Press WASHINGTON. Dec. 12.—A1l coast guard vessels today were ordered into southern Atlantic waters to search for the yacht Miramar, with eleven aboard, owned by E. Jd. Statler, hotel owner. The Miramar sailed from Charleston, S. C., for Miami, Fla., Noc. 30, and has not been heard from. PRISON STAY SHORT Philip Blum, Newcastle Junk dealer, served only nine days of a one to fourteen-year sentence to Indiana State Prison before Governor Jackson paroled him. Blum was convicted of receiving stolen goods. The Governor's office pointed out that the men who stole the goods received no sentences.

ANTHRAX IN INDIANA? State bJard of health officials are investigating the case of a woman at North Vernon, Ind., thought to have anthrax, deadly animal disease which sometimes affects humans. First tests indicated the woman has some other infection. LAD RUNS INTO AUTO Paul O’Connor, 8, of 823 E. New York St., ran against a truck at Liberty and Market Sts., driven by Basil Franklin, 115 W. Tenth St., and fractured hfs skull, police said today. The boy was taken to the city hospital and Franklin was arrested.

COOLJDGE PLAYS SANTA Bv Times Special WASHINGTON, Dec. 12.—President Coolidge today played Santa Claus with an executive order granting a three-day Chritsmas vacation to thousands of Government employes. RANK INCREASES STOCK The Riverside Saving and Loan Association of Indianapolis today filed notice with the Secretary of State that it has increased its capital stock from SIOO,OOO to $200,000. George L. Turner is president. GOVERNOR NAMES JUDGE Governor Jackson today appointed Louis W. Hammond, South Bend attorney, to succeed Lenn J. Oare, judge of the St. Joseph County Superior Court Two, whose resignation has been accepted. i

Each Hoosier Has $68.32 in Bank Bu l nited Press jASHINGTON, Dec. 12 \X/ —New Englanders are thriftiest and Vermont, native heath of President Cool■dge leads the nation in savings, the Treasury Department disclosed today. With a population of only 355,000 persons. Vermont has accumulated $172,585,000 in savings accounts, which is a per capita ratio of $486.15. Kansas’ per capita savings were shown as only $6.90. Each Hoosier, on a per capita basis has $68.32 in the bank, it Was rflVMLlc.l.

AGENTS STILL AT EVANSILLE 7 Nearly Fifty Arrested in U. S. Dry Raids. Bu United Press EVANSVILLE, Ind., Dec. 12.—A rounc -up of stragglers among thebootleggers of Evansville was under way today by the flying squadron of Federal dry agents who, under direction of George Winkler, group chief for Indiana, arrested nearly fifty alleged liquor salesmen here Friday in a series of raids. Agents returned empty-handed from a visit to roadhouses in the county Friday night. Theodore Wiggers and Charles Gander, taxi drivers, were arrested in the city, however. ISSUE FIRST ONES HERE Benjamin Harrison 13-Cent Stamps Again to Be Used. Bu United Ptrss / _ • WASHINGTON, Dec. 12.—'The 13cent postage stamp, abandoned four years ago, is to bo Postmaster General New announced today. The issue will bear a portrait of President Benjamin Harrison. The first issue will be placed on sale Jan. 12 at Indianapolis, home city of Harrison.

REUNION AT SCHOOL St. John’s Alumni Will Meet Sunday After Mass. Thomas Gibson, president of the St. John's Alumni association, will be in charge of a reunion of" the organization Sunday morning in the school hall at W. Georgia St. and Capitol Ave. following 9 a. m. mass. Brother Felix of Metuchen, N. J., will speak on educational work. “BIG BOY” WINS PRIZE Bu Unit’d Press CHICAGO, 111., Dec. 12.—" Lassie’s Big Boy,” owned by Mrs. W. H. Smith, Indianapolis, took first prize for male Persians in the Chicago Persian Society’s cat show.

Contention Law of Animal Life

Dr. S. Parkes Cad man. noted New York ’ preacher, will speak at a community rood will mass meeting at Cadle Tabernacle next Tuesday evening- under auspices of Jews. Protestants and Catholicis By William F. King, Secretary of the Indiana State Board of Health. a AM in sympathy with any movement directed toward promoting good will in Indianapolis, and not only in Indianapolis, but throughout the entire State of Indiana. Therefore, I heartily indorse the mass meeting to be held next Tuesday night at Cadle Tabernacle. I am familiar with Dr. Cadman’s ability as a speaker and with his sincerity of purpose.

Entered as Second-claaa Matter at Poatoffice, TWO fTKINTSt Indianapolis. Published Dally Except Sunday. X>t v J y/XJXi XBJ

Convicted Slayer of Madge Oberholtzer Whisked Back to Prison After Judge Sparks Overrules Defense Motions. APPEAL TO STATE SUPREME COURT TO BE TAKEN LATER “Some Things That Did Not Look So Good Arose Between Saturday and Monday,” Says Court, Explaining Quick Sentence. t By John L. Niblack and Edwin V. O’Neel Time* Staff Correspondent* CIRCUIT COURTROOM, NOBLESVILLE, Ind., Dec. 12. Appeal to the State Supreme Court is the last hope of D. C. Stephenson in his battle to escape serving a life sentence on a charge of murdering Miss Madge Oberholtzer of Indianapolis. Judge Will M. Sparks today overruled defense motions to set aside the second degree murder verdict and to grant, anew trial. . 1

Stephenson, brought from Indiana State Prison to attend the hearing, was whisked back to the penitentiary immediately. Back to Prison He waved good-by to the Hamilton County jail at 12:08 p. m. as the prison auto sped away. Guards said lunch would be eaten in some other town. Stephenson was not the immaculately clad man of the days during ills long trial. He wore an ill-fitting gray suit of prison stamp, and bis graying hair was clipped close in prison style. No Appeal No appeal to the State Supreme Court was asked, F*loyd Christian, defense attorney, announcing an appeal would be made when the transcript is ready. Judge Sparks overruled a motion to arrest Judgment. At 11 a. m. Karl Klinck and Earl l.entry, who were acquitted on the murder charges, entered the courtroom. They had been in jail in Indianapolis on other charges, arising from Miss Ober* holtzer’s death. Klinck was released on bond at Indianapolis this morning. Eph ’ Inman, chief defense attorney, obtained permission from Judge Sparks and the prison attendants for Stephenson to confer with Klinck and Gentry privately in a corner. Attorneys Christian and Inman argued with Judge Sparks for nearly an hour. Prosecutor William H. Remy and Ralph Kane and Charles E. Cox, his assistants, took no part. Defense Contention The chief contention of the defense was that the indictment was faulty, in that it fWled to charge the crime was done “purposely.” They cited numerous Indiana authorities. , “Tle question, gentlemen, is not one I regard as startling,” said Judge Sparks. “It lias been presented to this court ajul to the Marion Criminal Court before in this ease. The motion will be overruled, gentlemen, without many remarks. 1 am not here to argue. Very early in this ease it became apparent tliat the defense did not wish the court to talk much.” Judge Sparks said he had been “misquoted on several occasions by the defense.” He referred to the tenth 'reason cited by defense attorneys in asking judgment be set' aside and said that it Was a further misquotation. The tenth reason said: “The verdict was rendered late Nov. 14 and judgment pronounced Nov. 16 before the defendant had time or opportunity to prepare and present motions raising these questions. although the court at the time the verdict was received said that ample time would be given and that the court wpuld allow the verdict to stand a reasonable time without pronouncing Judgment, and counsel for the defendant, relying upon the (Turn to Page 2).

It has been said that, “Contention Is the law of animal life; cooperation i's the law of human life.” There is much of truth in this saying. Cooperation can come only through good-will, hence is the fundamental law of human 'life. Life Is made up, not of great sacrifices or great duties, but of little things in which sniilea and kindnesses and small obligations given habitually what win and preserve the heart of mankind. This is true of the individual. It Is just as true of a community of Individuals! \ Indianapolis is fast becoming a cosmopolitan city with many and

Forecast Mostly cloudy tonight; and Sunday; not much change in temperature} lowest tonight, near freezing.

FOOD COST UP FOUR rtR CENT U. S. Shows Increase Here for Month. Indianapolis housewives had to pay $1.04 for food In November, which they could have bought in October for $1 the United States Department of Labor announced today. Food costs increased about 4 per cent during the month. Only Butte and Louisville showed a larger increase, of 5 per cent. All of the twenty-five cities reporting showed increases, but most of them were much less than Indianapolis. It costs $1.(11 now to buy food In Indianapolis which could have been bought In 1913 for sl, the statement showed. \ TRANSPORTING TERMS Three Fined and Sentenced on Liquor Law Charges, Three men clarged with trana-, porting liquor in automobiles each were fined SIOO and costs and sen-* tenced to one to two years at the Indiana State Prison today by Crimi- t nal Judge James A. Collins. They were: Leo Whistler, 31, Wilkerson, Ind.; Blaine Collier, 40, Mar* kleville, Ind., and Robert E. Haehl, t 32, Lindhurst Dr.

UPDIKE WANTS EXAM Representative Confers With Now About Postmastership. Bu Times Special WASHINGTON, D. C., Dec. 12. Representative Ralph E. Updike saw Postmaster General Harry S. New today, and told New that he woAd insist upon a civil service examination for the Indianapolis postmastership. Updike asked the examination two weeks ago. It is construed as' an unfriendly move to Postmaster Robert H. Bryson. He said . Now was noncommital as to when the 1 examination would be ordered. MAIL BAGS RECOVERED Nothing Stolen hi Attempted Robbery, Police Announce. Bu United Press BERLIN, Dec. 12.—Authorities today recovered mail brfgs lost last, night from a Berlin-Humburg train, containing among other things, bonds and checks for the National City Bank of New York, valued at 1,000,000 marks (23 cents). It is believed mail robbers threw the bags off, intending to have accomplices pica them up, but that in the night they missed the, appointed spot. Nothing hod been stolen, police said.

varied racial groups in its citizenship. Indianapolis is not only the capital, but in a peculiar sense, It is the center and heart of the Hoosler commonwealth. Indianapolis, therefore, should set a high standard in exemplifying the virtues that enoble life. The hearts of men in Indianapolis ought not to be against one another, but against evil and intolerance, because only through tolerance and understanding and cooperation can all the people of a great city be guaranteed that equality of opportunity which is the constitutional heritage of every Individual under the American flag.