Indianapolis Times, Volume 38, Number 217, Indianapolis, Marion County, 16 December 1926 — Page 1

Home Edition Join The Times Santa Claus Club. Help a Needy Family This Christmas.

37—NUMBER 217

STEPHENSON CASE STORY REPWED Judge Gause Says Statements on Appeal, Attributed to Him, Wrong. SENT BY NEWS SERVICE Might Make ex-Klan Head Keep Documents Hidden. Judge Fred C. Gause, former State Supreme Court jurist and now special prosecutor of graft charges betjte.the Marion County grand jury, repudiated an interview sent out by the International News Service quoting him as saying that he believed the two technicalities to be cited by lawyers for D. C. Stephenson possibly would be sufficient to give Stephenson his liberty from Indiana State Prison, where he is serving a life sentence for murder. The interview was sent to newspapers which circulate near the prison at Michigan City. The spurious interview was such as to give hope to Stephenson at a time when it is believed that he is considering giving to the prosecutors tiie documents which he charged would prove widespread and wholesale graft in Indiana. For weeks every effort has been used to prevent Stephenson from making any revelations. From the day that the Stephenson barges were broadcast by Thomas Adams, Vincennes editor, every obstacle has been put in the way of those seeking to obain these documents. The fact that Gause is the only Indianapolis attorney quoted or questioned concerning the possibilities at this considered significant. w Saw Reporter T saw a reporter for the Universal Service who said that he came to me because he wanted a legal opinion of the two technical points to be raised by Stephenson’s lawyers,” said Judge Gause when shown the interview as printed in the papers, which reach the inside of the prison. “I told him that I did not believe hither point was valid and then AH nothing more.” xiut when the newspaper article reached the eyes of Stephenson at Michigan City, it was in these words: "Judge Gause stated there would be considerable doubt as to the possibility of Stephenson being freed (Turn to Page 2)

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Ts there a Santa Claus? We'll say so! Forty-eight of them at last count. Forty-eight generous Indianapolis persons have secured names and adcjresses from The Times Santa Claus editor and will, on Christmas day. be responsible for worlds of happiness and cheer in needy families, where there otherwise would be only break unhappiness. Don’t you want to share in the joy that comes from making eager, raggedy little children, overworked mothers, pitiful old folks, happy this Christmas? You can be sure, too, that your generous efforts will not go astray, as The Times, in cooperation with the Christmas Clearing House, has names of families who really worthy, really in need, day The Times publishes a list of such families, identifying them by number. l T p to You Simply call the Santas Claus editor, Main 3500 and after you have mentioned-the number of the family you want to help, the editor will give you the name and address. You do the rest. You are the personal Santa Claus for that family and it’s you who will help the sunshine of their smiles and gratitude.’ ' A kind-voiced rndianapolis Sant* Claus called in early today. He wa„ Dan W. Le Gore, 409 People’s Bank

mr Shopping 1 DAYS TILL Wee Willie's saved his pennies up To buy his

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Bniered as Second-Class Matter at Postoflice Indiananolle

WOMAN HIT BY TRUCK Unidentified Person, 42, Critical at City Hospital. An unidentified woman, about 42 years old, was criticallly injured when struck by an Omar Baking Company truck, at Sixtenth St. and College Ave., this morning. She was taken to city hospital, where it was said injuries probably will be fatal. Cecil Lewis, Negro, 369 W. Twelfth St., driver, was driving away from a filling station when the truck struck the woman. Police believed the woman might be Lizzy Wicker, but were unable to learn an address. WETS ENLIST SCIENCE Experiments to Ascertain What Really Is Intoxicating. Bu United Press WASHINGTON, Dec. 16.—Medical research laboratories throughout the United States have been set to work to ascertain what alcoholic percentage in wines and beers in “intoxicating,” and their findings will be the basis of anew attempt to modify the Volstead act, Senator Royal S. Copeland (Dem.), New York, announced today. Dr. 'Copeland, former health commissioner of New York City, informed the United Press that the American Medical Society, the Mayo Brothers’ clinic at Rochester, Minn., and the Scientific Research Bureau are among those conducting experiments. POLITICS OR KINSHIP? To Whom Will Duvall Give Weight Inspector Job? Whether politics or the ties of kinship will prevail in choice of successor to Mrs. Maude Hobson as city weights and measures inspector was discussed today. Robert Hathaway, a sub-inspector, is considered as the Coffin machine choice to succeed to the position, but Mayor Duvall’s nephew', Roy C. Spillman, is also in the department. Duvall has taken care of a number of other relatives with well compensated city positions. Although Mrs. Hobson would not comment, it is generally understood she will become chief deputy of Mrs. Robert Harding as Center Township trustee. OPENS SHOALS CAMPAIGN Illinois Republican Opposes View of Coolidge’s Commission. Itii In iled Press WASHINGTON, Dec. 16.—A drive to get action on the American Cyanamid Company bid for Muscle Shoals was sts.rred today. From his home in Illinois, former Representative McKenzie, Republican, urged Congress to accept the proposal of the Cyanamid Company. McKenzie wrote each member of the Senate and House and advocated rejection of the Associated Power Company bid, which the President’s Muscle Shoals commission recommended.

Bldg. He was willing to take the biggest family on the list with a whole stairway of little boys and girls! “I’ll get all things that go to make (Turn to Page 7) INDIANA LAGSIN U. S. ROAD WORK Less Federal Aid Highways Than Neighbor States. Times Washinutoh Bureau. 1,122 New York Avenue WASHINGTON, Dec. 16.—Indiana lias completed much less of her Fed-eral-aid road system than surrounding States, it is shown today in the Agriculture Department reports on Federal aid projects for the year ended last June 30, Indiana is listed has having spent a total of $22,596,658 since Federal aid began, of which is given as Federal aid. For this, according to the department table, she has now a total of 687 miles of road completed according to Federal standards. Illinois has completed about 1,500 miles, total expenditure about $46,000,000, and Ohio, 1,422 miles, total expenditure about $49,000,000; Kentucky, completed 687 miles, with a total bill of $21,000,000; Minnesota, however, with a total expenditure of about $37,000,000 has completed 3,249 miles. \ AUTOIST IS OVERCOME Rendered Unconscious by Monoxide Gas in Garage. The first report this season of a {►erson being overcome by monoxide gas was made to police late Wednesday when E. R. Lawson, 30, of 1242 N. Alabama St., was found unconscious in a garage at 1335 N. Alabama St., where he keeps his auto., Attracted by Lawson’s moans, Douglass Brown, .1335 N. Alabama St., scoutmaster of Boy Scout Troop 65, dragged the unconscious man outside, applied artificial respiration and revived him. Lawson jtold police that he started the motor auto and did not open the doors.

DATA UPON REQUESTED Matson Asks That Commission Place Inventories on File. NOT GIVEN OUT YET Jurisdiction Question Not Waived, However. Request that the public service commission place on file audits, inventories and appraisals of the two local electric utilities, is contained in a motion filed today with the commission by Frederick E. Matson, representing the Chamber of Commerce, in opposition to the local utility merger petition. Benjamin Perk, utilities accountant, who is aiding the Chamber in its battle against the proposed joining of the Indianagolis Light and Heat Company and the Merchants Heat and Light Com pany, into the Indianapolis Power and Light Company^-with $55,000,000 capitalization, has been unable to secure from the commisison any information regarding worth of the two concerns, which now are -operating separately, Matson asserts in Ills motion. Firm on Attack He asserts, however, that the question of the commission's Jarisdiction in the matter .which vrak argued this afternoon, is not waived through this latest move. The need of time too study evidence and tot provide new evidence is stressed by Matson, and in the qew motion he cites, as he has before, the local telephone and water rate cases, where rate Increases followed hearings. It is pointed out that work done by the commission's engineers in securing data on the value of the two companies was done with public funds and should be made ryiblic at once. ' • No Information In his motion, Matson asserts: ‘‘Thus far, Mr. Perk has beer, able tc obtain from the commission no information of any kind whatsoever which throws any light upon the character of the inventory snd appraisal made by the engineering department of the commission. "We respectfully t submit that whatever' work has been done in this regard by the engineering de(Tum to Page 9) SWEETHEARTOF PAT PROVES TRUE Peggy Kavanaugh Stands by Mellett Defendant.

Bv United Press CANTON, Ohio, Dec. 16.—The sweetheart of Pat McDermott today stood by the immaculate auburnhaired youth charged with the murder of Don R. Mellett, the victim of an underworld conspiracy. Petite Peggy Kavanaugh, after being held in the Canton workhouse for three months as a material witness, tripped lightly to the witness stand in Common Pleas Court today and told of an innocent automobile ride which she, McDermott and a friend, Homer Conley, took to Massilon while Pat was him ted Nation-wide as the “key man” in the mystery of Mellett’s murder. While h ewas hunted by police of the Nation Pat McDermott mpved without fear of the law, Mrs. Katherine Barnes testified today. Even when the man-hunt was most intense, McDei-mott, on one occasion invited. police into her apartment when they called to investigate a noisy party, Mrs. Barnes said. TRUSTEES’BODY ENDS MEETING 1 Conservatives, Opposing County Unit Bill, Win. The thirty-sixth annual convention of the Indiana State Association of Township Ti’ustees was concluded today, following a closed session at the Ciaypool. M. S. Caldwell, South Bend, was elected president; Vestal Davis, Indianapolis, vice president, and George L. Adams, secretary-treas-urer, late Wednesday. These officers were on the "slate” of the conservatives who oppose the ocunty unit bill which threatened to disrupt the closed session Wednesday. Resolutions advocating abolishment of th% present system of county and township teachers’ institutes and a reorganization of the State board of education were adopted. The assoc:'ation also favored the amendment to the automobile drivers’ law so that boys and girls under 16 may be permitted to drive to and from school. A resolution to provide free text books was lost in the committee.

INDIANAPOLIS, THURSDAY, DEC. 16, 1926

Baby Ship Sails Away to New Home

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SMITH APPOINTED TO SENATE PLACE DESPITEPROTEST Illinois Governor Names Election Victor for McKinley’s Seat. Bv United Press SPRINGFIELD, 111,, Dec. 16. Col. Frank L. Smith, Senator-elect, has been appointed by Governor Len Small to succeed the late Senator William B. AlcKinley. The appointment, made late yesterday, was kept under cover until early this morning. Tho Issuance of a commission is all that remains for Smith before the depart* for Washington. The appointment was expected by friends of both the Governor and the colonel. That the announcement of appointment did not follow a sixhour conference here Tuesday, caused much rumor among State politicians. REFUSES COMMENT Senator-Elect Smith Awaits Official Notification. Bit faulted Press DWIGHT, 111., Dec. I—Senatorelect Frank L. Smith, appointed to fill the uncxplred term of the late Senator William B. McKinley, today declined to make any statement regarding the apopintment until he is officially notified of it by Governor Len SmalL "I have nothing to say," he told the United Press. “In the first place I know nothing about It. I had a conference with Governor Small yesterday, but I was not notified of my appointment at that time.” SENATE BATTIjE OPENS Resolution Against Smith Introduced—Reed Probe Reports. Bn United Press WASHINGTON, Dec. 16.—The fight to keep Frank L. Smith from taking the seat in the Senate to which he was appointed by Governor Len Small of Illinois was launched in the Senate today. Senator Ashurst (Dem.), Arizona, introduced a resolution denying Smith the right to receive he qualifying oath of office because of excessive primary campaign expenditures. It also asked the Reed elecions investigation committee to advise the Senate at “the earliest convenient date” such recommendations as may be warranted. Almost simultaneously a report concerning the campaign expenditures by Smith was submitted to the Senate by the Reed committee, so hat immediate action could be taken on the appointment. The report made no recommendation as to whether Smith should be ousted. Senator Curtis, Repul lican floor leader, invoked the Senate rule to delay consideration of the Ashurst resolution until tomorrow and no effor was made to debate it. | Senator James E. Watson of In" dlana said today: "The appointment of Frank L. Smith Is very unfortunate. One thing to be prevented is an extra session of the Congress, and consideration of the case at this time would force an extra session.” While Senator Ashurst’s resolution to bar Smith was being considered, Senator Watson asked: “Does the Senator think his resolution In order before Smith makes-known his decision on the appointment?” Ashurst responded he thought it would be "fairer to Smith” to take action immediately. FIRE RAGES IN BUFFALO Entire Water Front Menaced; Gale Fanning Flames. Bv United Press BUFFALO, N. Y., Dec. today threatened Buffalo's entire front district. Several warehouses were burned and others were in the path of the flames, which were fanned by a fifty-mile gale. Every pieceof downtown fire apparatus was called to help fight the flames. Firemen were hamperend by the intense cold and lack of water pressure. A man was reported killed by one of the trucks Responding to the alarm, but the'report was not verified..

Moving Hay at the Indianapolis Day Nursery

Day Nursery Moves to Location Near Riley House on Lockerbie St. All packed up ready to start are these children from the Indianapolis Day Nursery who were moved from their old quarters at' 530 W. Vermont St., Wednesday to their new home at Lockerbie and Liberty St., just two doors from the old home of James Whitcomb Riley. The children in beds were moved in trucks. Off with the old and on with the new proved a little tearful for some of the babies who weren’t just sure what it was all about, but their new day home will be much more comfortable and better in every way. The new home will accommodate about thiry-five children during the day with a maximum of ten per- ! manent boarders. $2,000 TO PRINCETON Check for Mine Disaster Sufferers Sent by Red Cross. A check for $2,000 has been sent to Laurence Sullivan, chairman of the Red Cross relief funds for min* diaster sufferers at Princeton, ind.. it was announced today by Indiauapoiis Red Cross official*. In the last twenty-four hours $642 was received by tho relief office here. This is the largest amount received since the disaster last week, and brings the total relief fund to $3,650.66. SALARY BOOSTED DESPITE BUDGET Brayton Gets Another JobTotal Salary, $4,900. While the city administration con tends the budget does not provide enough money to properly run the city govermnest. iL was learned today that A. W. Brayton, Jr., has bern appointed plan commission consulting architect and gained a salary increase from $1,500 a year to $4,900 in a few months. Brayton succeeded Lawrence V. Sheridan as park' board landscape architect at $1,500 figure. Sheridan resigned after writing a letter to the board saying that - there, was -not enough park board work to justify his drawing the $1,500. ’ After a few. rpo;Rlig £qn;ic,e„ the park board raised Brayton’s stipend to s2,i>oo. About Doe. 1, the plan commission employed Brayton as consulting architcct-nt $2,400 a year. He now holds both jobs and draws a total of $4,900 a year from tho city. Plan commission’s action was taken on recommendation of Mayor Duvall. It did not become known until today. tyOM HOTEL TO START SOON New Structure on Denison Site a Certainty. Within sixty or ninety days work will begin on the new $3,500,000 modern hotel to be erected on the Denison Hotel site, Ohio and Pennsy)-' vania Sts., Norman Perry, one of the promoters, said today. Perry, Indianapolis Light and Heat Company president, announced the project, which has been rumored for some time, is now a certainty, but would not reveal the name of the operators with which negotiations are bejng made. It was rumored that he is dealing with a large eastern hotel concern. The proposed eighteen-story structure will have from 600 to 800 rooms, making it the largest hostelry in the city, according to Perry. The C. C. Perry estate, of which Perry is one of the heirs, owns the site. Perry declared a building company will be formed.

Butside of Marion County 12 snts Per Week. Sinsrle Conies

FIRST POLITICAL QUIZ WITNESS IN WEEK IS HEARD Former Special Investigator for Gilliom’s Office Questioned. For the first time in a week, the Marion County grand jury heard a witness in its investigation of alleged political graft and ■ corruption in Indiana. 1 Tho witness was Milo Garretson of Huntington, Ind., formerly a special investigator in tho office of Attorney General Arthur L. Gillioni. He has also served on petit Federal Court juries under Judge Robert C. Baltzell. it was not known why he t was called. . „ Conclude Visits The Jury heard r jail cases for the remainder of the morning session and closed its visits to institutions with a trip this afternoon to the Nogro Orphans’ Home. Because -of the order of Criminal Court Judge James A. Collins that the Institutional report be presented by Dec. 22, it was said the report was nearing completion. Garreston was before the jury about fifteen minutes. Others Subpoenaed It was known Chat one or two additional witnesses were subpoenatd, but they did not appear. Prosecutor 4 William H. Remy, who said he would call other witnesses in the graft probe following Garretson’s testimony, left the courthouse early and did not return. Rumors that Remy was uncovering facts in his individual work erCthe matter that would lead to his departure from Indianapolis temporarily, were abundant. No confirmation of this could be obtained. RETURNS FROM FUNERAL Senator Robinson in Washington After Mother’s Death. Times It nshinqton Bureau. 1-Sit Ante York Avenue WASHINGTON, Dec. 16.—Senator Arthur R. Robinson of Indiana, who has been absent because of the illness and death of his mother at Piekerington, Ohio, returned to Washington today and was present dt'tho Senate session. 1,200 LICENSES SOLD Few 1927 Auto Plates Disposed of on First Day, Twelve hundred 1927 automobile license plates were issued Wednesday, the first day they were placed on sale at the Secretary of State’s office. This number is considerably smallelr than the first day ast year, tho decrease being attrlbted to the cold weather. Licenses must be secured by Feb. 1. 1927. LEFT ON PAVEMENT Police Seek Driver Who Flees After Auto Strikes Pedestrian. A hit and run driver left Andrew Montgomery, 523 Madison St., on the pavement Wednesday night, Washington and Alabama Sts, with a broken shoulder and badly bruised body. A passing autoist carried the injured man home. Police were not notified of the accident until today. No clew has yet been found as to the missing driver. SICK ACTOR IMPROVES Bii United Press PHILADELPHIA, Dec. 16. Frank Tinney, comedian, is "progressing favorably” at the Navy yard hospital here, where he was admitted last Monday. Tinnney, a formal naval reserve, was brought here from Detroit, wlxare he was stricken while on tho stage laat September, andn has since been dangerously ill with pleurisy annd pneumonia. HOURLY TEMPERATURE 6 a. m...\. 13 10 a. m ; 17 7 a. m 13 11 a. m 20 8 a. nx 13 12 (noon) .... 22 9 a. m. x .... 15 1 p. m. A .... 24

THREE CENTS county TWO CENTS

FALL DOHENY CLEARED OF CHARGES INVOLVING NAVY OIL TRANSACTIONS Both Defendants in Court When Youthful Jury Announces Verdict —Women Relatives Hysterical. FIRST BALLOT RESULTED IN TIE Acquittal Game After Ten Against I Conviction Prevailed. • Bu United Press WASHINGTON, Dec. 16.—Albert B. Fall and E. L. Doheny were acquitted today of conspiracy to defraud the Government. The youthful jury, which received the case at 2:48 p. m. Wednesday, returned its verdict at 10:47 o’clock today. Both Fall, the white-haired 65-year-old secretary of the interior under President Harding, and Doheny, 70-year-old oil multimillionaire, ivere in the courtroom when the verdict was read.

Both had borne up well under the stralti of the trial, but the strain of the long wait while the jury deliberated told on them. The women of theDoheny family broke into a hysterical laugh, causing the bailiff to x-ap loudly for order when the verdict was announced. The courtroom broke into a hubbub as the scores of attorneys and friends crowded about to congratulate the men %vho were exonerated of the grave charges. Owen J. Roberts, prosecution chief, said: “We have to be satisfied with the verdict. The case was fairly submitted to 12 men. We will now proceed to push the other cases.” A ballot of the jury taken half an hour before the decision was announced was 10 to 2 in favor of "not guilty.” At 9:30 the two dissenters gave in to the majority and the jurymen marched into court to give their verdict. The first vote of the jury, taken shortly after the ca; e was submitted at 2:48 p. m. yesterday, was six to six. / Doheny and his family are leaving Immediately for New York, but Fall must remain here for argument of a motion to quash the indictment against himself and Harry F. Sinclair in the similar Teapot Dome conspiracy case Friday/ His presence and that of Sinclair is required for a scheduled arraignment Friday, but the argument and decision and a possible appeal may prevent their being brought to trial in January as had been hoped by Government counsel. CONFESSIONS OF 4SOLVE CRIMES Six Burglaries and One Holdup Admitted. Confessions of four youths held by police today solve six burglaries and one hold-up. Roy Surber, 17, of 25 Greer St., is charged with being one of the band--1045 E. Market St., Saturday night, Dec. 4, with loot of $l2O. A wrecked auto found at Dickson and Ohio Sts., containing a card bearing the name of Frank Richter, xp>, of 222 Davidson St. The car was owned by Surber’s father. Richter was traced to Florida and returned here Wednesday. In his confession, lie implicates Surber, who had been released on bond. Confessions obtained from 13 and a 14-year-old boys, by detectives Brickley and Brumfield, cleared up six east side burglaries committed the nights of Dec. 6 and 7. RULES PAY CAN NOTBMED Committee Does Not Have 'Authority, Says Gilliom.. Attorney General Arthur L. Gilliom today ruled that salaries of John D. Williams, State highway commission director, and James G. Jackson, superintendent of the State School for Feeble-Minded Youth at Ft. Wayne, do not come under jurisdiction of the State budget committee. This problem has been tije bone of contention in the four-day meeting of the committee. Williams’ salai'y recently i\s raised from $6,000 to $7,500 by tlie highway commissioners after Williams had successfully resisted in court, an attempt of the legislative finance committee, predecessor of the budget committee, to cut it to $5,000. Pay of Jackson, brother of the Governor, was cut from $5,000 to $4,000 by the legislative finance committee, but the schedule of salaries being considered by the budget committee raised his yearly stipend to $4,000,

Forecast Generally fair tonight and Friday; lowest temperature tonight about 15; warmer Friday.

BOOZE INQUIRY AT INDIANA’ IS STARTEOBY JURY University Students Subpoenaed Before County Investigators. Bv Times Special BLOOMINGTON, Ind., Dec. 16. The county grand jury this afternoon was to resume investigation of alleged liquor traffic on the campus of Indiana University. Subpoenas have been Issued for officers in every fraternity, sorority and other student organizations, it said. A number of stud.ents testified Wednesday and others were to Appear this afternoon. The investigation is said to have been launched after the homecoming footbgll game. A brawl it is said occured at one of the most popular gathering places for the students. Federal authorities also have been investigating conditions here. Pi osecutor Robertson refused to comment on the investigation. FEDERAL RAIDS MADH Harris Says College Towns Watched Especially Federal prohibition agent D. R. Sturgeon, accompalned by other agents selected from over the State, has made numerous investigations and arrests at Bloomington, A. R. Harris, deputy prohibition administrator, said today. "It has been our policy,” Harris declared, "to concentrate activity on college towns in an effort to aid local authorities to cope with the liquor situation ampng college students. "We have frequently been asked by the Bloomington mayor and the chief of police there to aid them in solving the problem. “Agent Sturgeon and another man recently completed ope of these requested investigations, resulting in the arrest of several violators. A like clean-up was staged at Lafayette about Dec. 1, where five arrests were made in an effort to give Purdue University special protection." College towns are visited oftener than other towns, Harris said, and re quests from city officials in these places are given all the attention possible. "Bloomington is no worse than any other college town,” Harris continued. “City authorities there, however, are extending every effort to clean up the situation.” TIDAL WAVE REPORTED Cable Station at Funchal, Madeira Island, Flooded. Bv United Press LONDON, Dec. 16.—The Eastern Telegraph Company announced today that a tidal wave had flooded the cable station at Funchal, Madeira Island. Interrupting communication with South America. Bv United Press LISBON, Dec. 16.—A dispatch from Funchal, Madeiro Island, today said the small vessel, Physsalla, had sunk during a tempest. Seven persons were drowned. Funchal is the capital of Medeira, an Island 440 miles west of Morocco, in the Atlantic Ocean. Its population is about 19,000. COOUDGEwTmES FOLAND Crown Point (Ind.) Man Chosen as Collector of Customs. Bii United Press WASHINGTON, Dec. 16.—George M. Foland of Crown Point, Ind., today was appointed by President Coolidge as collector of customs for District 4, with headquarters nt Indianapolii.