Indianapolis Times, Volume 37, Number 240, Indianapolis, Marion County, 6 February 1926 — Page 1

Home Edition SANDY leaves her husband, departing on a train while he sleeps. See Page 8.

VOLUME 37—NUMB. R 240

MANY CRIME CASES SLOW HIGH COURT Indiana Supreme Tribunal Impeded With Five Times Number of Criminal Suits Before It Seven Years Ago. PROHIBITION CASES INCREASE APPEALS Attorney General Points Out That Reversal of Convictions Is on Up-Grade— Asserts Many Could Be Avoided. The Indiana Supreme Court, burdened with five times as many criminal cases as came before it seven years ago, is impeded in the prompt administration of justice to such an extent that civil litigants’ rights in the court face destruction, Attorney General Arthur L. Gilliom declared today. Eighty-five per cent of the increased number of cases before the court arise from prohibition law convictions in State courts, Clerk Zach T. Dungan of the court revealed Beside the multiplicity of laws the up-grade trend of reversal of convictions is blamed by Gilliom for the encumbered docket. Dungan’s records show there is' only a 66 per cent likelihood of lower court con victions being upheld. Percentage Too High Gilliom declared the percentage of reversals is too high. “Most of these reversals could be fcoided,** he said, “by careful esKrt in the trial courts. In some cases reversed there ought never to have been convictions. The guide for trial courts is the established proceedure and the constitution Trials ought to be conducted so that there will be certainty of affirmance on appeal.” Criminal appeals have increased from forty-two m 1919 to 215 in 1925. “There are at present,” Gilliom said, “152 of these cases, ninetyseven of which arise uhder the prohibition law, fully briefly, awaiting consideration and decision by the court. Others await preparation for consideration. • Delays Civil Appeals “Criminal appeals having priority over civil appeals, litigants in civil appeals find long delay, annoying and frequently derogatory, if not destructive, of rights,” be said. “With the sustained enforcement of the prohibition law as well as the whole criminal code, In a State which has a growing population, the Supreme Court docket will become more, rather than less, congested.” Gilliom’s remarks, followed The Times’ disclosure that State courts, jammed with prohibition cases and other criminal suits arising from the multiplicity of laws, are hopelessly behind m the administration of justice. GERMANY GETS 1 GRAVE WARNING Mussolini Angered by Bavarian Premier Speech. Bil United Press ROME, Feb. 6.—Premier Muss-olini in the chamber today, sounded a grave warning to Germany as the result of Bavarian Premier Held’s speech to the Bavarian land tag against alleged Itallian oppression of Germans in southern Tyrol. SONG AUTHOR DIES Bit United P<vs i „ , GOSHEN, Ind., Feb. 6.—Prof. John D. Brunk, 53, head of the music department of Goshen College and author of the official hymnal of the Mennonite faith, died here last night.

Music Memory In connection with) music memory grade and high school pupils are study ing the life of famous composers. Beginning Monday, The Times will print each day a short biography of a composer whose work is being studied in the schools. This series will be called Famous Composers Watch for these articles in The Times and start a scrapbook for use in school work.

rwri T ¥• 1 • np* lhe Indianapolis limes COMPLETE WIRE SERVICE OF THE UNITED PRESS JB WORLD’S GREATEST EVENING PRESS ASSOCIATION

SEEDAKR FOR FimißE SHRIKE Possibility That North Side High School Pupils Will Be Without Building— Committee Seeks Larger Site. PRESENT STRUCTURE TO BE VACATED JAN. 1,1929 Minority Faction Board Member Says Construction, Delayed, May Not Be Finished by Date Set for Removal. Possibility of north side high school pupils being without a school building for several months loomed today following a meeting Friday night when the buildings and grounds com mittee of the Indianapolis school board decided to seek a larger site for the new Shortridge high school. Charles R. Yoke, minority faction member, who with Charles W. Kern and Mrs. Lillian Seuwick, composes the buildings and grounds committee'. said it might take the board until after Jan. 1, 1920, to find a new site, draw plans for anew type structure and construct the building. • According to the contract with the State Life Insurance Company, which recently bought the present Shortridge site at Michigan and Pennsylvania Sts., the property must be vacated by Jan 1, 1929 11. W. Bennett, president of the company, said the fiagi wants the, property “on t£at date and prelers to have it sooner.” Under the tentative plans, the buildings and grounds committee will sell the site at Thirty-Fourth and Meridian Sts., on which it had been intended to build the new Shortridge, and buy for the same amount as received from the sale, anew site (Turn to Page 11) STILL NO TRACE OF H. H. TALL Finding of Body in Canal Stirs Relatives. Emotions of relatives of H. Houston Tall, 50, of 43 W. Thirtieth St., rose and fell early today as tragic news was circulated that a man’s body had been found in the canal at Blackford St. Relatives thought it might be Tail’s body. Then the body was discovered to be that of a man who had been in the water a month or more. The eleven-day suspense was Intensified; the mystery of their kinsman’s disappearance remained unsolved. Search was resumed in White River, west of the College Ave bridge. Tail’s car was found a week ago Tuesday on the river bank. READ CAPIAS TO GRAFTONCLARY Man, 70, to Learn of Indictment in Hospital. Sheriff Omer Hawkins was to read the grand jury capias to Grafton A Clary, 70, merchant policeman, 20 N. Drexel Ave., charging him with conspiracy to commit a felony and assault and battery at noon today at city hospital. Clary, who is recovering In the I detention ward, was indicted Jointly with Mrs. Ruth Gipprich, 26, of 3134 N Illinois St., in a plot to kll Leo Gipprich, Mrs. Gipprich’s husband. Mrs. Gipprich is In county Jt.il. Both will be arraigned March 1 in Criminal Court before Judge James A. Collins. The bond of .each was fixed at $5,000. EXAMINE j TEXTBOOKS Deputy Clerk Says Samples Are Better Than -Usual. To determine the quality of common school text books submitted to the State Board of Education for adoption Feb. 18, samples were turned over by the board today to Thomas C. Carter, deputy clerk of the State printing board. After a cursory examination of the samples. Carter said they were uniformly better than have been submitted in recent years. HOURLY TEMPERATURE 6 a. m, 36 10 a. m 42 7 a. m. 36 11 a. m. 1.... <\6 8 a. m 37 12 (noon) .... 47 9 a. 40 1 p. m 47 . . ’ & *.’

Bygones Bygones, Stillmans Sail

BEIL ’ft * f f V'T' <J|]f

Mr. and Mrs. James A. Stillman BY DR. EDWARD J. BING United Press Staff Correspondent (Copyright. 1920. by the United Press Reproduction in whole or in part forbidden.) ABOARD THE U. S. S. OLYMPIC, AT SEA, Feb. 6.—James A. Stillman and his wife are aboard this ship, bound for Paris. Stillman, whose marital troubles have occupied the public eye for several years, told the United Press that he and his wife are going to the French capital to join their daughter and are planning to stay indefinitely. He announced that a further statement will be made after consultation with Mrs. Stillman. The fact that the couple are going to join their daughter, Mrs. Henry p. Davison, in Paris was taken as proof that they have become reconciled after their yearslong feud in which Stillman’s divorce action and denial of the paternity of baby Guy Stillman played a prominent part. Their presence aboard ship was generally unknown, but Stillman, located by the United Press, made the exclusive admission that he and his wife, Mrs. Anna U. Stillman, are Paris-bound. POLICE WATCH JUDGE’S HOME Baltzell Receives Threatening Letter. Threats by an anonymous letter to “blow up" the residence of Federal Judge Robert C. Baltzell have caused him to appeal to the police for protection. Judge Baltzell’s home is at 3660 Washington Blvd. He received the letter, typewritten and unsigned, when he returned from trying cases in Federal Court In New York City. The letter carried a Chicago postmark and is thought to have been written as a result of liquor sentences imposed by him. A police night riding squad watched the residence Friday night and will continue to do so. Judge Baltzell declined to comment, but said he did not regard the letter seriously. 2 GIVEN TERM FOR ROBBERY Admit Holding Up Filling Station for S7O. Forrest Applegate, 23. Clermont, and Charles Straub. 26, Newark, N. J., were fined SI,OOO and sentenced to serve ten to twenty-one years in Indiana State Reformatory by Criminal Judge James A. Collins, for robbery. They pleaded guilty to robbing Purol filling station attendant, Willard James, 933 Broadway, of $70.34 In a hold-up at Delaware and St. Clair Sts., Dec. 17. 1925. Applegate, of a prominent Clermont family, produced several character witnesses In his behalf. James testified Straub forced him to open the safe and searched him at the point of a gun. truciT~strikes child Boy, 5, Slightly Injured—Driver Exonerated by Police. Playing in front of his home, Carl Coss, 6, of 1241 Charles St., today darted from behind a parked automobile into the path of a truck and was slightly -injured. Police exonerated Alvin Bea, 21, of 3403% Tenth St., the truck driver.

INDIANAPOLIS, SATURDAY, FEB. 6, 1926

CLOTURE IS THREATENED ON TAX BILL # v Republican Majority to Use Gag Rule Next Thursday if Opposition Forces Delay in Final Vote Beyond That * Date. NIGHT SESSIONS TO BE ORDERED MONDAY Indications Are $352,000,000 Bill. Will Be Passed Virtually Without Change —Fight on Publicity May Reach Crisis Tonight. Bu United Press WASHINGTON, Feb. 6. The new $352,000,000 tax reduction bill will be passed quietly or by main force in the Senate before the end of next week virtually without change from the form in which it was reported ‘3y the fiuauce committee. This seemed assured today when the Republican majority made known a decision to use the cloture rule next Thursday if the opposition forces delay in a final vote beyond that date. Night sessions will be held next week. Battle on Publicity The little group protesting against certain features of the measure is staging an extensive battle over the majority's decision to prevent further Income tax publicity. Chairman Smoot of the finance committee, prophesied a vote by tonight, but .the opposition Indicated there co aid be no vote before Monday if then. Senator Couzens, chairman - *# tWcommittee which investigated the Internal Revenue Bureau, has collected a tremendous quantity at facti and figures he wishes to introduce in support of his position for complete publicity before the vote is taken and half a dozen other speeches are on schedule. Night Sessions Smoot will order night sessions beginning Monday, in the hope that the long sessions will wear down the opposition to submit to the will of the Republican-Democratic coalition* Three controversial issues remain to be discussed, but they are so highly controversial that debate will be extensive. Besides the publicity angle there is the proposal for abolition. of estates taxes and the excise taxes involving levies on automobiles and industrial alcohol. FILM FOLK IN FATAL CRASH Star’s Mother Killed Vera Steadman Injured. Bu Putted Press LOS ANGELES, Feb. 6.—Mrs. H. Prevost, mother of Mary Prevost, motion picture star, was killed and A1 Christie, comedy producer, and Vera Steadmay, actress, were seriously injured in an automobile accident near Lordsburg, New Mexico, according to advices here today. The machine in which the film party was riding overturned, it was said, while traveling about thirty miles an hour on a slippery road. Christie and Miss Steadman were pinned under the wreckage. The actress sustained bruises and lacerations about the face and lower limbs, while Christie escaped with a lacerated arm and head. IRATE WIFE IS TAKEN AWAY Threatens to Kill Woman Sentenced With Husband. Cries of “Oh, my three babies!” and “I’ll kill that woman!” rang out in Criminal Court today when Judge James A. Collins found Sam Barnett, 414 N. Alabama St., and Mrs. Anna Mae White. 962 Elm St., guilty of transporting liquor. Each was fined SIOO and cost3 and sentenced one to two years’ imprisonment. Judgment and sentence against Mrs. White was suspended during good behavior. Deputy Sheriffs Ragan and *Bell apprehended Barnett and Mrs. White in an automobile near Cumberland, Ind. A five-gallon qan of alcohol was confiscated. Both fienied ownership. Friends were required to carry Mrs. Barnett from the courtroom when she threatened Mrs. White’s life. Barnett and Mrs. White's brother, Harry Paulski, were arrested Feb. 7 with an,auto load of liquor. The case is pending before the grand jury.

AUTO KILLS BOY, 7, PLA YING IN STREET

CAN SHE HEAR? EASY TO TELL

Audiometer Should Be Help to Prospective Hus- . bands. WHw * 'MKKBBfp have turned out -By ' 4’"* .. - L HBHK | young men contemplating <:• imr human j jPlH||n Ipu-^ If a a want* to find 1 \ out w 1 i'!a r *lt Mum-- I ffiMjMfc j gpjh, IT

Audiometer Should Be Help to Prospective Husbands. , mNVENTORS have turned out a great contribution to young men contemplating matrimony in the audiometej, capable of detecting and measuring human hearing. If a young fellow wants to find out yhether he can “put something over on” his intended bride,

by slipping his latch key ever so quietly in the lock, returning home late at night under circumstances he’d rather not explain, he can find out whether it’s possible with the audiometer. The audiometer determines what range of sound vibrations patients respond to, and the chart made from its conclusions furnishes information enabling physicians to judge the kind of deaf ness a person may be afflicted , with. Heretofore, such tests were made with tuning forks. One of the instruments is in use at the Indiana School for the Deaf here. COOPERATION IN 1,000,000 DRIVE IS C. OF C. PLAN Club to Go After Population and Industry Proposed at Meeting. Cooperation of the Indianapolis Chamber of Commerce in the move for a Million Populatihn Club, proposed by Homer McKee, advertising man, Friday night, was indicated in a statement issued today by Nicholas H. Noyes, president. Noyes announced “in order that the business and professional interests of Indianapolis may have an opportunity to learn more of \the plan of Mr. McKee and his associates,” the Chamber probably will arrange a get-together dinner next Thursday or Friday night at the Clay pool. “Broadly speaking, the policy of the Chamber of Commerce will be t 6 cooperate with any one or any '(Turn to I‘age 11) FIND BODY OF MAN IN CANAL Taken to Morgue, Unidentified —Open Knife Found. Body of an unidentified man, between 45 and 65, was found lodged | in the locks of the canal at Blackford St., early today by George Humes, 749 W. Eighteenth St., Indianapolis Water Company employe, who was cleaning the locks/ Motor Policemen Hague and Hayes, pulled the man from the . water, and called Coroner Paul F. Robinson. The body appeared to have been in the water a month or six weeks, according to police. The body was sent to the Royster & Askin morgue, 1902 N. Meridian St., while authorities seek relatives. No papers were found in the clothing. The man was 5 feet 10% Inches tall, weight, about 160, black hair, wore a blue overall suit and a brown overcoat, brown sweater and new tan shoes. No marks of violence were found on the body, and it is not believed the man was murdered. It is thought probable that Coroner Robinson will order an autopsy. An open knife was found In his overcoat pocket. He had a bandaged gangrene wound on his right ankle. CHOKING SPELL FATAL Physician Reports Woman's Death Due to Goitre. Mrs. Eva Spadorcia, 33, of 509 S. New Jersey St., died today at her home as a result of a choking spell. Dr. J. H. Rosenberg told Coroner Paul R. Robinson she had guttered from a goitre.

T. H. Beecher, 522 E. Fifty-First St., testing hearing power of Gertrude Wirtz, Indiana School for Deaf secretary, with an Audiometer.

BANK DEPOSITS ■ SHOW INCREASE Commissioner Reports Gain of $14,828,629 for 1925 —Av&rage Cash Reserve of 16.07 Per Cent.

An incree.se of $14,828,629.60 in Indiana hank deposits during 1925 is shown in an abstract of the Dec. 31, 1925, report on banks and trust companies, prepared by Thomas D. Barr, State bank commissioner. Increase during the last trfx months of 1925 tcftaled only $297,855.05. Bank and trust company resources grew- $65,138,144.56 during BLAME MINE SHUT-DOWN State Commissioner Orders Closing of Universal Bank. Failure of the coal mines at the town of Universal, Vermilion County, to reopen, was given today the State banking department as reason ,'or closing the Universal Bank, Thomas D. Ban-, State bank commissioner, ordered the institution closed after receiving a report from Donald Carpenter, an examiner. The mine failure was accompanied by an exodus of about 1,500 persons from the town. ARMITAGETO SELL MOLES ‘Glad City Sprung That at This Time,’ Says Bill. Frustrated by refusal of the board of works to consider valid a contract whereby he made $17,000 in three years through rental of mules to the city, James E. Armitage, brother of William H. Armitage, today is considering sale of the mules. "Say, I’m sure glad they sprung this thing at this time if they were going to do it,” said Bill. “We just had word of a good chance to sell those mules.” Alvah J. Rucker, corporation counsel, estimated the original in vestment in mules at from $2,000 to $2,500. CHURCH TO HEAR MAYOR Tho Sunday school classes of the Birth Ave. M. E. Church will hear the lesson expounded by Mayor Duvall. Sunday.*

FRIENDS TO RAISE SHAW’S LEGAL FEES Negro Attorneys Propose to Collect $3,000 for Martinsville Lawyer Who Aided in Acquitting Local Man.

Several meetings are to be held in Negro sections of the city to raise $3,00(i or more to pay Silas C, Klvett, Martinsville, Ind., attorney, who defended John Thomas Shaw, 22, Negro, recently aqultted of murdering Miss Helen Ha£er Whelchel, Nov. 27, 1923. W. S. Henry and John Bankett, Negro attorneys for Shaw, In speeches to a large crowd at Persian Temple Masonic Hall, 351% Indiana A v c-. Friday night, said KLivett had spent S3OO of his own money in defense of Shaw. “He deserves all the money that can be collected, and it should not he These statements of the two attorneys were reported by Capt. Lewis

Entered as Second-class .Matter at Postoffice, Indianapolis Published Daily Except Sunday.

the year. Calssifled resources, based on the recent call, follow; I Savings banks. $23,291,505.79; private banks. $27,630,928.39; State brinks, $297,331,181.00; trust companies. $856,830,347.06, making total resources of $705,089,962.24. A total paid-in capital stock of $48,137.300 is showri. Indiana banking imkitutiotis show a preset#, average cash reserve of 16.07 per cent, Barr’s report shows. INSTALL, CHECK STREET SIGNS Begin War on Chuckholes, Broken Sidewalks. Installation of street signs at every corner and check on old signs was,under way today under directiop of A. J. Middleton, chief inspector of the city engineer's department With a force of twenty-two men. Middleton is Inspecting 860 old street signs and cooperating with the Merchants Heat and Light Company to check' signs placed on the new lighting standards. Simultaneously a warfare against chuckholes and broken sidewalks is being waged by Middleton's department. . “We hope to eltn\inate the chuckholes in improved streets,” Middleton said. Inspection of three sewers, Conser Ave., north of Crown Hill, Baltimore Ave., north of Hillside Ave. and Shelby St., also Is under way. test Faced~by~cou rt Washington Lawyer Says He W ! lll Ask Supreme Court to Rule. Bu Times Special WASHINGTON, Feb. 6.—A possible difficulty In American adher ence to the world court has arisen with the announcement by Benjamin l Catching®, Washington lawyer, that he will request the United State* Supreme Court to determine whether such steps was constitutional. He contends America can Join only through a constitutional amendment. He has notified Secretary of State Kellogg. .

Johnson, in charge of a detail of police at the hall. Shaw was introduced teethe crown by Henry and shook hands with many of tho audience. - He did not speak. Henry assailed Prosecutor William 11. Remy, and Judge James A. Col lins, and said he was against theii re-election. v Negro mlnlstejs who have com bated the meetings and refused to allow the use of churches are tied up with polltlciens, but are not op posed to Shaw, Henry said. Bankett said officials sent Shaw's case to Martinsville, because there wero few Negroes in that county and they believed he would be sure to be executed.

Forecast Generally fair ■ tonight and Sunday; not much change in temperature.

TWO CENTS

Norman Haller, 360 Parkway Blvd., Struck by Maohine When He Comes From Behind Parked Vehicle — Was With Another Youth. HAD PUT NAILS UPON STREET CAR TRACKS Victim Knocked About 12 Feet, Alighting on His Head—Death Comes in Short Time —Driver Is Ordered Held. Norman Haller, 7, son of Mr. and Mrs. William HaUer, 306 Parkway Blvd., was almost instantly killed at noon today wheq struck by an automobile in front of 326 Lincoln St. The boy had placed some nails on the car track so they would be mashed by an oncoming street car. After the car passed the boy darted from the curb, fiVim behind a parked machine, into the path of the automobile, driven by George Dalrymple, 33, of 1251 Madison Aev. He was knocked about twelve feet, alighting on his head, but' police said there was no Indication Dalrymple was driving fast. The troy’s neck was broken. Coroner Robinson ordered Delrympie held on an involuntary manslaughter charge. Besides the parents, a brother, Harold, and sisters, Norma and Frances, survive. • Another boy was with the Haller ■youth, but he fled from the scene and police were unable to get his name. OFFICERS SLAIN BY BOOTLEGGERS Crude Graves Found Near East St. Louis. Bu I’nitcl Prtrs EAST ST. LOUIS, 111., Feb. The wild shore country around Cheagle Park—a resort near here—today had failed to yield an answer to the double slaying and’ burial which was discovered late Friday, The bodies of Ghmer Hockett, constable, and John Balke, both of Edwardsville, were found lying one on top tho other in a hastily dug grave near tfye resort, presumably the victims of a bottleggers vengeance. Both men had been brutally slain. Federal and State authorities are working on the theory that Hockett and Balke had arrived at the lair of the bootleggers last Friday and were captured as they pried into the illicit booze making.

“HER OWN WAY” WHENEVER a man and a maid are thrown together, natural selection will have Its way. How to make natural seleotlon something more than chance choice Is something .the younger generation seems to be asking. In other words, the girl of today does not want a blind god to regulate her life. She Insists that she shall make “Her Own Way" and carve out her own destiny. Julia Dean did that. She renounced home and friends In favor of emancipation from hidebound traditions. Her problems are the same problems of that veb( army of girls who work. “Her Own Way” starts In Monday's Times. Read how Julia Dean made out In the great game of life— a game that never ends, but goes on from day to day with a constant change of rules.