Indianapolis Times, Volume 37, Number 226, Indianapolis, Marion County, 21 January 1926 — Page 1

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VOLUME 37—NUMBER 226

WITNESS IN BOOZE RAID CASE DEAD — . | U. S. Agent Believes Beer Saloon Bartender Was Killed. INVESTIGATION ORDERED Coroner to Turn Over Evidence to Grand Jury. Anew investigation of mysterious circumstances surrounding the death of Thomas Diggins, 32, of 131 W. McCarty St., was ordered by Coroner Paul F. Robinson today, when it was learned that Diggins was chief prosecuting witness in a liquor case now pending in Criminal Court. Federal Dry Agent J. W. Keeney said he saw Diggins’ body and believed Diggins had been killed. Robinson will turn over to the county grand jury all evidence in the case and, if the jury so orders, a post mortem examination of the body will be made, he said. Diggins was found dead on the floor at the home of his mother, Mrs. Nora Diggins, 830 Meikel St., Saturday noon. He was lying in a quantity of blood. Wife Suspicious Although his mother said she believed he had killed himself, his wife told Coroner Robinson she believed there was something suspicious in his death. A catechism he carried in an inside pocket was folded in his arms over his breast as if placed there, she said. Diggins quarreled with her Saturday when she reprimanded him for heavy drinking, and went, to his mother’s home, she said. Although it is believed he had been dead sometime before the body was found, bis mother and brother said they did not see the body on the floor when they entered the house Friday night. Police said they were told Diggins had purchased a bottle of poison Friday night 'and advanced a suicide theory. Hand Bruised Diggins’ right hand was bruised, but the blood oh the floor might have been caused by a hemorrhage, to which he was subject, his brother said. Diggins, I according to Dry Agent Keene, was chief witness against owner of a dry-beer saloon at 742 S. Capitol Ave., where he was bartender. The grand jury is making an Investigation of ownership, ordered by Special Judge Emsley W. Johnson during the trial of Mike/Dillon, alleged owner, on liquor charges. Dillon denied ownership. He is a brother of Tommy Dillon, ex-prize fighter and politician, who was sen tenced to six months on the State Farm a year ago for operating a gambling house.

New Courthouse Is Favored

Chamber Directors Also for Leasing of Part of Site. Approval of the plan of Leonard V. Harrison, secretary of the civic affairs committee of the chamber, that the county erect a modern multiple-story courthouse on the north half of the present courthouse grounds, was expressed by thp bdard of directors of the chamber today. The plan calls for leasing the south half of the grounds and paying for the new building with funds thus derived. The acted upon recommendation of the civic affairs committee, William Fortune, chairman. Dunn said he did believe a higher tax levy will be necessary to cover the $400,000 debt. The: tax levy this year for the courth"” c i<? debt Is 10 cents, 2 cents lower than last year, he said. FAMILY~OF FIVE BURIED Funeral Services Are Held for La Crosse Victims. Bu United Preee LA CROSSE, Ind., Jan. 21. Funeral services will be held late today In the little Methodist Church here for Cleveland Fross, his wife, and their four sons. They were killed Monday night when their auto was struck by a Pennsylvania passenger train as they were returning home from a church gathering. '

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King Solomon in 1926 A. D. Bv United Prenit DETROIT. Jan. 21.—Mrs. Julia Przbyla, {he mother and Mrs. Irene Goosen, a foster mother, both claimed the custody of 3-year-old Mable Irene, in court here. Circuit Court Judge Brennan announced a "hoax” decision with both women in court. A movie recorded the reactions of the two^ Today Judge Brennan reviewed the movie. The foster mother got the child. The real mother "failed to react in the proper manner."

SHAW TRIAL TO BE INFLUENCED BY STEPHENSON Prospective Jurors Asked if / They Know ex-Klan Dragon. Bu Times Special MARTINSVILLE. Ind., Jan. 21. The trial of D. C. Stephenson, who is now serving a life term in Indiana State Prison for murder, will enter into the third trial of John Thomas Shaw, 23, Indianapolis Negro, S. C. K(vett, Shaw's attorney said today at the opening of the case. Shaw is charged with the murder of Mrs. Helen Hager Whelchel, 22, pretty Indianapolis widow. Objection Sustained Judge J. W. Williams sustained the State's objection to Kivett asking jurors questions relative to the Stephenson case, “unless it entered into this case." Kivett said the Stephenson case would enter in. In examining prospective jurors, Kivett asked if they were acquainted with Claude Worley, former Criminal Court investigator, Stephenson or Earl Klinck and Earl Gentry, his aids, and If they “followed newspaper accounts of the Stephenson trial at Nobiesvllle.” All said no. Kivett did not disclose how the Stephenson case would enter into the trial. Brought Into Court When brought into court at 9 a. m., ShaW was greeted by his sister Mrs. Roy Gill, and her husband of Indianapolis. Hit* long confinement had not dulled his hopeful coml jsure. Judge J. W. Williams had ordered a special venire of sixty. An early Jury was believed unlikely. Shaw charged with first degree murder has awaited trial here since the second trial, when the jury failed to agree. A change of venue was taken from Marion County. Shaw was sentenced to die after conviction at the first hearing, but State Supreme Court reversed the decision. Judson L. Stark, Marion County chief deputy prosecutor, will ask the death penalty. Mrs. Whelchel’s beaten body was found on a railroad track west of Indianapo.is Nov. 29. 1923. NAMED LICENSE (JLERIv Frederick E. Schortemeier, secretary of State, today announced the appointment of Otto I>ee, Shelby County Republican chairman, as a clerk in the State automobile license department. Lee formerly was an inspector in the State Are marshal's office.

SECOND LOCAL AIR BID LOSES New Rejects Offer for Mail Route. Bv I nitrd t'ress WASHINGTON, Jan. 21.—Postmaster General New today rejected the bid of Roseoe Turner Airways, Inc., to operate the proposed Chicago to Birmingham, Ala., air mail route. The company did not submit sufficient proof of financial backing to carry out operations. This is the second bid rejected for this route. It has been advertised twice and one unacceptable bid received each time. It is probable that the route will not again be advertised until Chica Birmingham and other cities along the route, Indianapolis, Louisville and Nashville show further proof that they need this service,' air mail officials said. BUS planned Failure to Have Stop Signs Investigated. Investigation of reports by citizen automobile drivers that some busses operated in' the city are not equipped with stop lights will be made at once. Traffic Inspector Walter White announced today. Indianapolis Street Railway busses are said to be violators of the stop light ordinance. * Motorists have complained that bus drivers are reckless, cut corners and fail to show which way they will turn. White is devising a plan for drivers to Aow, by a mechanical device, which way their busses will turn. RESOLUTIONS ON SHAFER Resolutions of condolence to ’ the widow of John C. Shat ir, Anderson, Indiana Real Estate Board pfesident, were read today at the weekly luncheon of the Indianapolis Real Estate Board at the Chamber of Commerce.

BOOZE TDG HAUL NETS $1,000,000 Coast Guard Overtakes Ship in Thrilling Chase to Gotham Docks. 30,000 CASES FOUND Bullets Fly at Second Unloadigg Attempt. Bu United Fret* NEW YORK, Jan. 21.—With guns, fists, writs and swift naval maneuvers, the Government’s dry forces here have spent a busy twenty-four hours of warfare against illegal traffic in liquor. Police and const guard boats captured the tug Rescue in a spectacular battle with rum runners and seized 30,000 cases of booze, valued at 51.000.000. Bullets and fists flew In another battle between customs agents and twenty-five gangsters when the latter were surprised In .he act of unloading 1,000 bottles of forlegn wines from the steamer Caucasler. The British schooner Oakalee with several thousand cases aboard was captured by the const guard off Capo Cod. Another action of routine character was a decree of forefeiture against a motor launch captured last April after a tunning fight with the cutter Henley. This decree also ordered the destruction of liquors seized on nine ocean steamships which neglected to seal their bars in port here. Machine guns crackled in the capture of the Rescue. The tug led the pursuers within sight of New York harbor and was finally abandoned with her sea cocks opened. She was saved from sinking only by quick boarding of the pursuers. Four men were arrested and twenty others escaped. Crossed Ocean The rum ship is a $150,000 boat, equipped 'for high speed. It is believed that the vessel had loaded her cargo abroad, Instead.of buying it on rum row and was attempting the daring feat of running It direct to a wharf In New York. Coast Guard details had a tip to watch for the ship. Last night they saw it steaming through the Narrows. A coast guard speed boat was sent in pursuit, but its engines failed and as the Rescue drew away, the coast guard opened fire. A police detail heard the firing and sent out a police boat. The Rescue sped directly past the police launch, not heeding signals to stop. The police opened fire. The Rescue dashed on up the East River, with tl e police following. About a mile up the river the Rescue swerved. The boat was swung toward a wharf, twenty men leaped overboard ahd the ship was abandoned. Four Still Aboard Officers drew up and boarded, closing the seacocks just in time to prevent the boat from sinking. Four men were still aboard or scrambling up the nearby dock. They were arrested. The others escaped.

Realtors’ Committee Against Remodelling of Old Building. A special committee of the Indianapolis Real Estate Board today advised against remodeling the old Marion County Courthouse, submitted a financial plan to the fcoard for leasing the Washington St. frontage of the Courthouse site and recommended construction of anew structure on the north part. The committee’s report w-as adopted by the board. It was recommended that the county lease the Washington St. frontage for ninety-nine years at $4,000 a front foot the first five years, 10 per cent more for the second five years, 4 per cent more the next five years, at $5,324 a year the next ten years, at $5,856 a year the next *en years and at $6,441 a year for the remaining sixty-four years. The report pointed out that because the property is nontaxable, the lessee should be required to pay 2% per cent more for the property than for the lease of property of similar value that is taxable. It was recommended the time for receiving bids from prospective lessees be extended over six months to secure the best possible advertising of the fact that property would be leased. The report said the taxpayers would benefit by the collection of taxes on the improvements lessees likely would put on the property, and, at the end of the lease period, would get the Improvements. The committee which submitted the report was headed by Walter T. White. / The present courthouse is a fire hazard, Commissioner John McCloskey said. “I Would not be surprised if the courthouse caught on fire this afternoon,” he said. ‘‘l have been expecting trouble. We have spent SIO,OOO in repairing t ie heating system In the last threo^Aonths."

INDIANAPOLIS, THURSDAY, JAN. 21, 1926

RIGHT BACK ON THE OLD JOB!

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Left to Right: Former Mayor Shank crating furniture at his storage house; Joseph L. Hogue, former city controller, now president of the J. L. Hogue Fuel and Supply Company, taking a hand at loading a coal wagon, and Herman F. Rikhoff, police chief under the Shank administration, demonstrating that four years of cutting off the heads of refractory policemen was good practice for cutting out patterns in his tailor shop. ,

Legal Battle Started to Save Durkin

634 CIGARETS YOUR YEARLY ALLOTMENT Professor Edie Figures Each Hoosier Should Have Lighted 59.5 Cigars .During 1924.

If you do your part you smoke 634 eigaret and 59V* cigars and use 3.68 pounds a year. That’s the estimate of Prof. Lionel E. Edie of Indiana University on per capita tobacco products consumption in Indiana. Edie estimated 1,902,000.000 clgarets go up in smoke every year in this State. He said 178,500,000 cigars are smoked. In the report of the bureau of business research. School of Commerce ant} Finance at the University BABY ‘VERDICT IS EXPECTED Muncie Grand Jury Sifts Facts in Case. Bu United Preee MUNCIE, Ind.. Jan, 21.-In the small grand jury room of the Deleware County courthouse, three tnen and three women today are piecing together the details of Muncie's mbst brutal murder—that of little Charles B. Gray. 15 months old Infant, who was beaten to death last Friday morning. A 'report bf the jury was expected today and It is believed that a first degree murder indictment will be returned against the father. Charles B. Gray Sr., who his wife says, heat the baby into insensibility merely because the child was fretful. But the mother may also be Indicted, officials say, for they have evidence to show that she whipped the babe with a big razor strop when he cried. Both the father and mother are being held in the ebunty jail pending the verdict of the grand jurors. KLAN CASE IS OPENED .Motions to Dismiss Suit to bo Filed In Federal Cour'. Motions to dismiss the suit of the Knights of the Ku-Klux / Klan against the Independent Klan of Muncie, were to be filed today by the Indiana organization’s attorneys, it was indicated at the opening of the case in Federal Court before Judge Thomas W. Slick. The national organization is asking a permanent injunction to stop use of the name "Klan,” and $500,000 damages. The Independent order alleges that the national organization cannot bring suit in Federal Court without due procedure in State courts.

Still GREATER GAINS j January finds Indianapolis merchants FURTHER INCREASING their use of space in The TIMES. At the close of the sixteen publishing days The Times had printed MORE local display ad- - vertising than during all of January, 1925. i 1 INCREASES AND DECREASES During This Period Were— " THE TIMES GAINED 113,834 Lines . The News lost 17,766 Lines. The Daily Star Gained 6,594 Lines Lowest cost per sale made has been the factor which caused, this great swing to Times space. It can be made profitable lor any merchant who has not yet learned the value of space in this \ newspaper. , Times

to the Indiana Development Council, Edie estimated the State's annual consumption of tobacco products nas a value of 528,000,000, consisting of 20,700,000 pounds of tobacco. Cigaret consumption increased from 181 per capita in 1915 to 634 in 1924, and per capita cigar consumption dropped from seventy-one and one-half in 1915 to fifty-nine and one-half In 1924. Per capita snuff consumption fell from 4.45 pounds In 1915 to 3.68 pounds in 1924. Edie estimated the commercial value of Indiana’s tobacco products advanced during the period from $4,155,000 to $11,597,000. The industry’s 4.329 wage earners made $2,916,000, he figured, in 1923, aS compared with the $1,126,000 earnings of the 2.794 in 1909. The manufactured volume of tobacco products Jumped 54 ppr cent, placing the State twenty-first in the leading tobacco States. Edie estimated the manufacture of tobacco products represents sixtenths of 1 per cent of - ndiana manufacturing. HOME OF YOKE VISITED BY FIRE School Commissioner and Wife Flee. ' Charles Yoke, school or.mmlssioig'r. and his wife were forced to flee fromv their home at 861 Southern Ave., scantily clad early today when fire broke out In the basement. Mr. and Mrs. Yoke escaped through the smoke-filled house despite the gas fumes which permeated the house when the gas pipes in the basement became disconnected. Yoke said the damage would amount to several hundred dollars. LIABILITIES ARE LISTED Shelbyvllle Firm Files Voluntary Petition in Bankruptcy Here. Delmon Clark and Wallace Billingsley, Shelbyvllle, today filed voluntary bankruptcy petitions of their partnership firm, Clark and Billingsley, construction firm in Federal Court. petitions also were filed. The liabilities of the firm were listed at $34,388.16 and assets sll,366.67. Clark’s liabilities were listed at $34,278.86 and assets $11,758.38. Billingsley’s liabilities totalled $34.388.16 and assetts $11,366.67.

The Drama of Durkin

□ AMES MARTIN DURKIN, 26, handsome, breaker of feminine hearts, charged with wholesale theft of autos and murders of a Federal agent and a Chicago policeman: "Darrow can save my neck.” • • • IRMA SULLIVAN, 18, his bride, beautiful in her $2,000 -fur coat and with a $2,000 wedding ring on her finger: "He’s my husband, I’ll stick to him.” • • • BERT and MINNIE SULLIVAN, toil worn parents of Irma, bewildered at the fate of their daughter: “He married you all right did he?” the mother whispers. * * • MRS. HATTIE DURKIN, the mother, grief-stricken: “He didn’t mean to kill any one,” ♦ • • BETTY WERNER, married woman, and Durkin’s former sweetheart. Fights crowds to see Irma. “Gee. She's pretty." • • • HIS CAREER E EAVES home at Griffith, Ind., and a tri ll of broken hearts, the sheik of the country side. South aide poolrooms at Chicago. Small burglaries for training in crime. Trapped December, 1924, in an apartment basement at Chicago. Guns bark. Three policemen drop, slightly wounded. Hunt for “Marty” Durkin is on. Trapped at Cicero, 111., in a hotel room few weeks later. Police fire at him point blank. He leaps from a window—unharmed. Escapes. Meets Betty Werner, married woman and mother of year old baby. Steals autos, goes to Frisdo. then back to New York. Gay, carefree gypsy life with Betty and the baby. Trapped In Sacramento. Cal. to police station. Betty, masks tears, dances for the cops. They forget Durkin. Out a window. Trapped in Hudson, N. Y. Police careless. He escapes. Oct. 1, 1925, Department of Justice Agent Edward Shanahan traps him In Chicago garage. Shanahan dies in duel. Goes East, then to Kansas City. Back to see Betty. : Goes to her uncle’s home at Chicago. Police, informed, ambush him. Guns roar. Lloyd Austin, Betty’s uncle and Police Sergeant Harry Gray, die. Durkin escapes. „ Distrusts Betty. Remembers Irma Sullivan, who liked him. He liked her. One day’s courtship. Marriage. A golden, prosperous, Cadillac honeymoon to California. To Texas. To St. Louis In a Pullman stateroom. Police at the door. Guns too far away. Capture. Chicago—fanfare, flappers crowd lng to see him. Police! Police everywhere. A cell. “Durkin will hang,” says State’s attorney Crowe. t CO-ED BEAUTIES TO BE CHOSEN Ziegfeld or Phillips Will Judge Butler Girls. Either Coles Phillips, artist, or j Florenz Ziegfeld. theatrical^ producer, will select the four most beautiful Butler girls, according to Ralph L. Hitch, business manager of the 1926 Drift, the official yearbook. The four Butler University sororities who sell the most copies of the annual by March 15, will select their four most beautiful members. From the sixteen, Phillips or Ziegfeld will choose the most beautiful from photographs.

Entered ni Sec-ond-claa* Matter at I'oatoffiee, IndianapolU. Published Dally Except bunday.

Attorney Demands Martin Be Released From State’s Attorney’s Custody. By Edward 0. Derr United Frege Staff Correevondent CHICAGO, Jan. 21.—First move to save Martin Durkin, Chicago’s most desperate bad man, from the noose, was made today when Attorney John Tyrrell, retained to defend him, demanded Martin be released from the State attorney’s custody. Tyrrell said his client must be turned over to Sheriff Peter Hoffman Immediately or he would start

Flappers “That’s a laugh," said “Marty” Durkin today when told that hundreds of mash notes from flappers were arriving at police station. Yesterday, they cheered him and threw flowers at him.

habeas corpus proceedings to force it. His threat will be contested as removal of Durkin to the sheriff’s custody would hamper the State’s preparation of evidence. Immediate Trial State’s Attorney Crowe announced he would bring Marty to trial immediately. He is holding Durkin’s bride, Irma Sullivan, and his former sweetheart, Betty Andrews Werner, as important witnesses. Betty Werner charged this afternoon that Durkin had been previously married to a girl named Ruth Fiebeck. “I never heard of him getting a divorce from her," Betty said. Durkin, captured yesterday when detectives swooped down on his train as it was entering St. Louis, was not dismayed. He laughed at the law and predicted he would go free. “Die on the gallows? That's a laugh. A good alibi, a clever lawyer—Clarence Darrow, maybe —and, shucks, It’s a cinch.” That’s how much Marty Durkin fears the law in Illinois. His Bride But there is one thing that Durkin is worried about. That is for the safety of pretty 18-year-old Irma Sullivan, the village blacksmith's daughter of Cornell, 111., with whom (Turn to Page 15) PROBLEMS OF FARM TALKED Indiana Grain Dealers Open Annual Meeting. What to do with the corn surplus and other perplexing farm problems were discussed by 200 Indiana grain dealers at their annual meeting today at the Board of Trade. Convening at 2 p. m. the resolutions, nominating and auditing committees were appointed by President E. K. Sowash, Crown Point, to report tomorrow. “Policies of the State Highway Commission” were outlined tay Highway Commiesioner Earl Crawford. A banquet and entertainment will be held at the Columbia Club tonight. What part of the dollar the house wife pays for bread, goes to the farmer and what part to the grain dealer will be taken up at" a general discussion Friday morning. Officers will be elected and resolutions, adopted. Dr. Harry E. Barnard, former head of the food and drug division of the State Board of Health will urge making surplus corn into sugar and explain bow It cm* be done, at Friday’s session.

Forecast Generally fair tonight and Friday; cold wave; lowest temperature tonight, zero to 10.

TWO CENTS

ZERO COLD WAVE DUE TO ARRIVE Coming in From Dakotas and Canada, Says Bureau. PRECEDED BY SNOW Delayed Some Time by Atmospheric Changes. A long expected cold wave, coming from Canada and the Dakotas, is due to strike Indianapolis and vicinity tonight, carrying the temperature down to between zero and 10 above, the United States Weather Bureau predicted today. In northern Indiana the mercury is expected to fall below zero. Fair weather will accompany the rapid drop, it was said, bringing to an end about five days of rain and fog. The cold snap is expected to hold sway here until about Sunday . Snow Falls Temperature was dqe to fall steadily -this afternoon, J. H. Armlngton, meteorologist, said. A light, fine snow fell during the morning. The mercury stood at 33 at 7 a. m. and had dropped to 29 at noon. The cold wave has been on its way for some time, according to the weather bureau, but has been delayed by several atmoupherlc disturbances which tended to raise the temperature. Cold in North North Dakota and Canada today are shivering with temperatures of from 10 to 28 below zefo, Armlngton stated. Rainfall In Indianapolis Wednes day and Wednesday night totaled .13 of an inch, but a much heavier fall was reported in the southern part of the State, particularly along the Ohio River. HOURLY TEMPERATURE 6 a. m 33 10 a. m 30 7 a. m 33 11 a. in 30 8 a. m Si! 12 (noon) .... 29 9 a. 32 1 p. ’. M

SARGENTCALLED BACK JN QUIZ Doesn’t 'Remember’ Aluminum Case Memo. Bv United Pres* 'WASHINGTON, Jan, 21. Attorney Genera; Sargent was recalled before the Senate Committee investigating the Mellon-controlled Aluminum Company of America case today. He was questioned regarding a memorandum ordering that a personal report he made to him before anything was done by the Justice Department investigators in the case. Sargent again said he “could not re-call” the memorandum which was presented by Assistant Attorney General Donovan, although it bore his signature. After Sargent bad finished Donovan was recalled and again repeated his previous testimony to the ttact that the memo was sent to him by Sarg> nt requesting that no publicity be given the aluminum investigation into the matter and was taken up with him personally. NEW FLORIDA WRECK Special Jumps Tracks, but Only Seven Hurt. Bv United Press LAKEWORTH, Fla., Jan. 21.—The Florida East Shore Railroad special, crowded with tourists returning to northern points, jumped the track l a flew miles south of here early today while running sixty miles an hour. The train, composed of seven all-steel Pullmans and baggage and mall cars, bounced over the ties until brought to a stop, shaking up the sleeping passengers and Injuring seven. None of the cars overturned. WOMAN, 21, IS. MISSING Mother Asks Police to Hunt Mrs. Pearl Hoffman. Mrs. Pearl Smith. 937 Olive St., mother of Mrs. Pearl Huffman, 21, of, 1414 St. Peter St., ask police to sekrch for her daughter, who has been missing since noon Wednesday, Mrs. Smith said she was wearing a brown coat, green hat, black dress, and oxfords. She has brown eye* and bobbed hair. Columbus, Ohio, police asked officers to wntch Incoming trains and busses for Chester Randall. 13. wearing blue clothing and u canvas shedfilined coat He ran away from home. HA! HA! SAYS MRS. FATE Man Who Flew Plane in War Hurt Riding Bicycle. Bv l ultrd Press Jan. 21—-Willi* Mauss, who piloted a German alr% plane safely through the World Wai|| was severely injured here’last ntghs in a fall from a bicycle. Mauss was performing in a vaudw ville theater. f