Indianapolis Times, Volume 38, Number 221, Indianapolis, Marion County, 21 December 1926 — Page 1

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VOLUME 37—NUMBER 221

leg™ GRAFT QUIZ TOPIC HERE Interest Renewed by Democrats—Republican State Senators Meet. WITH CHAIRMAN WALB Stephenson Affairs Might Be Discussed. Possibility of a legislative inquiry into corruption in Indiana politico was the chief topic of Indiana lawmakers today. While Democrats renewed interest in the subject by comment upon Ihe speech of former Senator Walter Chambers at the Democratic legislators’ conference at the Claypool late Monday, asserting that the inquiry must be made, Republican State Senators, met at the Columbia Club at noon in a conference with Republican State Chairman Clyde A. Walb. Purpose Secret The purpose of the meeting today was not stated in telegraphed invitations sent out by Lieut. Gov. F. Harold Van Orman. But many Senators had a lurking suspicion that Chairman Walb wants to be assured that if an inquiry into the activities of D. C. Stephenson is made, no more damage than has been done be inflicted upon the G. O. P. Stephenson frequently has been given credit for steering important acPtons of the last Legislature. He boasted in his letters smuggled out of Indiana State Prison a few weeks before the election last month that if given proper opportunity he could tell some things about that Legislature, including how some bills got through. Not All Harmonious Indications were that the Republican gathering wonttFUfft be altogether harmonious when State machine adherents sound out sentiment for primary repeal, v “The people of>my district favor the primary,” Senator George B. Nottingham, Marion, said. Senator George W. Sims, Terre Haute, said he favored retention of the primary because he did not believe in “tearing down when building up should be the rule.” Similar opinion was expressed by Senator William T. Quillin, Indianspoils. Quillin criticised the purpose of the meeting. “I see no reason for trying to drive us one way or another,” he said. Lem H. Trotter, Duvall board of (Turn to Page 9) YULETIDE BOOZE SEIZED BY POLICE Two Held Alcohol Found. Ninety-five gallons of yuletide alcohol were seized and two men were held today following raids by Sergts. Orel Chitwood and Ed Deeter and squads. Deteceives found thirty gallons of alcohol in a garage at 1455 N. New Jersey St., while looking for stolen auto tires, Detective Inspector Claude M. Worley said. Walter Adams, 33, of 1130 N. New Jersey St. was arrested when he appeared at the garage, but he denied ownership. Police charged Robert Allen, 26, of 1130 N. New Jersey St., with liquor law violation when ho drove up in front of his residence with sixty-five gallons of alcohol in his car. Police said he bad just arrived from Hammond. Police said Adams worko-i Aiten. “That gallon ol tvft w wm ter my Christmas, but I guess I’ll be in jail on Christmas day,” said Allen.

3 Shopping days TILL CHRISTMAS "^ =s V A lot of toys the kids will get Just as a Christmas token. And when two weeks have drifted by They’ll all be badly broken.

The Indianapolis Times

Entered m Second-Class Matter at Postoffice. Indianapolis.

QUIZ TWO WITH $3,600 Authorities Suspect Connection With Bank Robbery. Bu United Press NEBRAKA CITY, Neb., Dec. 21. Authorities were ‘ grilling two men here today for an expalation of the $3,600 In currency they were carrying in their pockets when arrested here last night by Sheriff Carl Rider. The sheriff expressed belief today that the man may have been implicated In a bank robbery at Kansas City, Mo., last week. The men gave the names of Clyde A. Stratton, 20, Coin, lowa, and L. Huffman, Wichita, Kan. They were arrested after a tussle with Sheriff Rdyer, in which Huffman attempted to cover the sheriff with a gun. One of the bundles of currency bore the wrapper of the City National Bank, Wichita Falls, Texas. INCREASE IN VALUATION PHENOMENA! Indianapolis Light and Heat Gives High Figure for Firm Bought Recently. Residents of Gem and Cumberland, Ind., east of the city on the National Rd„ are amazed at a recent miraculous increase in value of the Gem Electric Service Company, which was sold to the Indianapolis Light and Heat Company for $6,250 six months ago. ( For public service commissioners engineers have reported that it would have cost $22,356 to reproduce the properties of the company on Oct. 1. In 1921 it cost only $12,500 to construct the electric lines of the company, the firm’s sole properties. Since then, the Indianapolis Light & Heat Company has added eight miles of lines to the original thirteen miles, according to Gem resident, but farmers benefited paid most of the cost of the extensions. By Commission Engineers The $22,356 reproduction value was reported by commission engineers in a report on properties of the Indianapolis Light and Heat Company and Merchants Heat and Light Company, which it is proposed should be merged into the Indianapolis Light and Power Company, with $55,000,000 valuation. The report gave the reproduction value of the Indianapolis company as $20,951,724, and the Merchants company as $12,615,871, a total of $33,567,595. On the actual value placed by the commission on the properties of the companies depends what rates the commission will be forced to let the new consolidation charge, if the merger is permitted. For, according to Supreme Court ruling, utilities must be permitted to earn 7 per cent on the value of used and useful properties. Chief Engineer Earl Carter, under whose direction the public service commission reproduction cost estimates were made, said that he arrived at the $22,326 Gem valuation by examining the propertl.v inventories of the Indianapolis Light and Heat Company. “I knew nothing of the July sale,” he declared. Not Made Public Officials of the Indianapolis Light and Heat Company, declared that they would not make their figures public until the merger hearing, (Turn to Page 9)

DECLARES SMITH GOINGJOSENATE Newspaper Says Seat Will Be Taken After Recess. Bu United Press CHICAGO, Dec. 21.—C01. Frank L. Smith, Senator-designate from Illinois, has accepted the appointment made by Governor Len Small and will make the fight for his seat in the United States Senate, according to a copyrighted article appearing today in the Chicago Daily Journal. The Journal quotes Governor Small as stating Smith will “go to \\ aahington and present his credentials after the Christmas recess.” Smith’s decision to accept brings the Senate fight near at hand. PREDICTS DRIEST YEAR Prohibition Chief Andrews Makes Forecast for 1927. Bu United Press CHICAGO, Dec. 21.—The year of 1927 will be the driest since the advent of prohibition in 1918, Gen. Lincoln C. Andrews, assistant secretary of the treasury in charge of prohibition enforcement, said here. General Andrews was in Chicago for a conference with members of the Cereal Beverage Manufacturer’s Association, and urged cooperation of the malt syrup makers in enforcing the law.

LINKS COBB AND SPEAKER IN SCANDAL Landis Charges Gambling Plot With Joe Wood in September, 1919. TIGERS - INDIANS GAME Lengthy Statement States Accusations. Bu United Press CHICAGO, Dec. 21.—The names of Ty Cobb and Trls Speaker, two of the “grand old men of organized baseball, ” were Involved In a sensational baseballl scandal made public this afternoon by Commissioner K. M. Landis. Landis issued a fifty-page typewritten statement going Into the details of charges that Cobb and Speaker, together with Joe Wood, conspired with gamblers In connection with a Detroit-Cleveland game, Sept. 25. 1919. Landis’ statement gave no decision in the case, in view of the fact Cobb and Speaker are now both outside of organied baseball. Cobb, Speaker, Wood and Dutch Leonard, four of the best known players in baseball, were named In making public one of the greatest scandals In the history of the national pastime. These four men, according to Landip' statement, were involved in a deal wherein Cleveland was to “throw" the game to Detroit. By so doing, it was pointed out, Cleveland could he nosed out of second place in the American League and it would help Detroit to finish third. PAT’S ACCUSER CALLEJ‘JUDAS’ Defense Brands Boyhood Chum Who Testifies for State. Bu United Press CANTON, Ohio. Dec. 21.—Steve Kascholk, State star witness against Pat McDermott, on trial for the reprisal murder of Don R. Mellett, was branded a “Judas" today by the defense. Kascholk tried to sacrifice the life of McDermott, the chun* of his boyhood in Nanty Glo., Pa., for a share in the rich reward offered for conviction of the assassins of the crusading editor, Harry J. Pettit, who occupied an adjoining cell in the workhouse here, testified today for the defense. The inadequate courtroom was jammed again as word spread that McDermott would climax the defense evidence by taking the witness stand later today to save himself from the electric chair by his denial of e conspiracy with Ben Rudner and ~.ouis Mazer to stifle the editor’s .var on crime. All spectators who entered the court today were subjected to a search by deputies. Officials said they had heard rumors that some effort might be made to free McDermott by force. GIRL, 9, LEAVES HOME Couldn’t Endure Stepmother, She Tells Policemen. Juvenile court authorities today investigated the case of a 9-year-old girl, who ran away from home and was found by police at 1:35 a. m. today. She wqs taken to the Detention Home. She stated she ran away because she could not endure a stepmother. She said her sister, 12, ran away some time ago for the same reason. HOURLY TEMPERATURE 6 a. m. y ... 34.10 a. m 33 7 a. m 34 11 a. m 33 8 a. 32 12 (noon) .... 34 9 a. m 33 1 p. 34

SANTA, AGE 76, TO AID POOR FAMILY

‘Those Who Give Are Twice Blessed Themselves/ Asserts Oldest St. Nicholas Many Assist Times.

"And I will shower by blessings upon them,” L. H. Rowell, 7G, P. O. Box 657, the oldest Santa Claus, who has offered to take care of a family from The Times Santa Claus Club quoted the Bible phrase today, making the point that theee who •give to unfortunates are twice blessed themselves. "God made the promise thousands

INDIANAPOLIS, TUESDAY, DEC. 21, 1926

Do You Know Enough to Bea Cop?

If you fancy any one can be a policeman, try this test of observation that the rival service commission Saturday submitted to fifty-eight aspirants for the Indianapolis police force. Prepart to answer fourteen questions on facts clearly revealed in this picture of an automobile accident. The commission allowed the applicant only two minutes to observe the picture. Turn to Page 16 and see if you can answer the questions.

ARNiY FLIERS OFF ON 21,000-MILE SOUTHERN JAUNT Ten Men Leave Texas in Five Specially Built Planes. Bn United Press KELLY FIELD, SAN ANTONIO, Texas, Dec. 21.—The live Army amphibian alrplurtit*., umler ri-m----mand of Major Herbert A. Dargue, took off here at 10:53 a. m. today on the first leg of the 21,000-mile goodwill tour of Central and South America. Delayed nearly twenty-four hours by Inclement weather, the big Loenig ships, especially built for the trip, roared down the mile-long runway, nosed rapidly upward and were soon lost to sight in the sky. The first scheduled stop is off Point Isabel at the extreme southern tip of Texas. The flyers are expected to reach there in a few hours. Tomorrow they will take oft from Point Isabel for the next stage of the journey. The christening ceremonies for the ships were held yesterday, wives of the flyers formally naming the craft. The weather was reported clearing along the route of the planes in Texas. The New York, flagship of the fleet, was the first to take off. The San Antonio followed a minute later; then the San Francisco at 10:56, the Detroit at 10:57, and the St. Louis at 10:58. Major Dargue, through the United Press, yesterday sent a message of greeting to the southern republics. JURY GIVES GIBE $1 .OOOLOVE BALM Julietta Head Ordered to Pay Son’s Wife. Bu Titnrs Svccial MARTINSVILLE, Ind., Dec. 21. A jury in Circuit Court late Monday night awarded Mrs. Allen Morgan, Indianapolis, SI,OOO damages in her $25,000 alienation suit against her father-in-law, Dr. Be. min Morgan, superintendent of the Julietta Hospital for the Insane, Indianapolis. Mrs. Morgan charged that Dr. Morgan induced his son to leave her and resume his studies at Indiana University after their marriage last summer. Dr. Morgan alleged that fraud was practiced on his son.

of years ago,” said this old gentleman, “and He has never taken It back. I haven’t a great deal of this world’s goods, but I’m certainly glad to help a needy family this Christmas time.” Rowell will be Santa to family 89, where there are three little children. gentleman took careful note of their needs and will, beside a Christmas basket of (Turn to Page 14)

Supports Move to Change Dry Law The movement to modify the Wright bone-dry law, started by Representative Frank Borns, Republican, of Indianapolis, received strong Democratic support at a caucus Monday. “I am coming with a man•lnto from people I represent to modify the Wright law,” said Representative it. Curtis Bennett of Dillsboro. “I will vote for amendment to make It conform to the Volstead act so that physicians can prescribe whisky.”

POOR OLD ENGLISH IS MURDERED And Aspirants for Police Force Do Killing—Some Splendid Examples. Old-fashioned seplling, perennial bono of contention betweene business men and their stenographers, was the nemesis of most of the fifty-eight men who took the police civil service examination Saturday, commissioners said today. A few applicants scored marks of 98.6, 98 and other high figures. Tewtn comparatively simple words were given the police applicants. Poor Old Alibi Poor old “alibi” had perhaps the greatest number of alibis for the proper spelling. It was spelled allibuy, allibi, alabye, aliby, albay, alybi and allibie. One of the most torturous evasions of the right speling for “municipal” was "munnesrbele.” A keen student of the trend of modern State government spelled “parole,” pay roll. One aspirant gave “probeshion,” as his version of prohibition. O ft he two men who scored low grades of 10 in the test, one was a Republican and the other a Democrat. The Republican was right on “still” and “frozen.” Success met the efforts *bf the Democrat on only “verdict” and ‘still.” The Low Papers Following is the English, Republican and Democratic spelling, as revealed by the two low papers: Republican Democratic English albv aliby alibi lacture farther fracture oolueion .'oHstion collision vurdiot verdict verdict munnsuple municipal carlost careless mbsutute substitute crumniel critnal criminal indifie identfl identify purrol pariol parole raining rainey rainy febural ferdel federal probhis probition prohibition still still still assfult aphalt asphalt frozen frozon frozen skiden ekidid skidded forgyer ford forgery erulty cuilty cruelty exploisun explosion BUILDING GAIN IS SHOWN Week’s Total Better Titan for Same Period Last Year. Substantial gain in valuation of building permits during the past week over the same week last year was reported to the board of safety today by Building Commissioner Bert J. Westover. Valuation this week was $136,006, while in 1925 it was $129,137. BODY FOUND ON TRACKS Bu United Press GOSHEN, Ind., Dec. 21.—Mrs. Charles Lehman, 44, was found dead on the New York Central Railroad tracks here today. She apparently was killed by a freight train last night. Authorities believed Mrs. Lehman committed suicide.

Outside of Marlon County 12 Cents Per Week. Single Copies

NO WITNESSES ARE BROUGHT IN BY PROBE BODY Jury Reconvenes in Afternoon—Given Testimony of Bartholomew. Keeping its future Investments under cover, the Marion County grand jury, investigating alleged political graft and corruption in Indiana politics, broke recent precedent and reconvened this afternoon. No witnesses appeared before the body in its graft probe, although it previously was announced that several persons had been subpoenaed. An effort was made this morning to get some person as a witness, hut this failed. Deputy Prosecutor W. H. Sheaffor said the grand jurors were revising the institutional report which is to be presented to Judge James A. Collins in Criminal Court at 9 a. m. Wednesday. Prosecutor leaves Prosecutor William Reniy left the grand jury room with Special Prosecutors Ralph Kane and Fred C. Gause, when he received a call by phone that “they are waiting for you.” Th ejurors this morning were presented with testimony given Remy, Gause and Kan i by City Councilman Otis E. Bartholomew late Monday. Bartholomew was in private conference with the prosecuting staff l’or some time and records were made of his statements. It was learned. Prior to bringing him to the courthouse, Rcmy conferred with Gause and Kane. Filling Stations, Perhaps It was thought the grand jury may be interested in knowing about seme of the celebrated fillllng station ordinances that recently have been considered by the council. William Rogers, former city employe and Klan official, who has been before the grand jury several times during the probe, conferred with Deputy Prosecutor John L. Niblack this morning, after being called over the phone. Harry Hildebrand, former policeman and active political worker, was the only witness In the graft probe before the grand jury Monday.

CITY’S GROWTH IS ORDERLUEPORT 150 of 220 Zoning Requests Are Granted. The city board of zoning appeals approved 150 out of 220 requests for rezoning during the past year, according to the annual report of the board and the city plan commission prepared today by Macklin Mack, secretary. Major activities of the plan commission were described as “continuation of surveys and studies of the proper development of thoroughfare and the preparations of maps, charts and traffic counts, study of street oar rerouting and a survey of Sixteenth St. with recommendations to the board of public works.” The commission received 125 plats for study and approval. "A more orderly growth of the city has resulted and various districts have been developed along business, industrial and residential lines with stabilization of real estate values and With proper throughfare widths,” th report states.

THREE cents

Plea for Habeas Corpus Writ Filed in Superior Court at Hammond— > Hearing Set Thursday OPPOSITION MAY ASK FOR DELAY Might Be Temporarily Freed or Transferred to County Jail. Bulletin Judge Crumpacker by long distance telephone promised Attorney General Gilliom this afternoon that the hearing on the Stephenson plea would be postponed until Dec. 29. D. C. Stephenson began anew battle loday to escape punishment for the death of Madge Oberholtzef, 28, of Indianapolis. Locked, for life, in Indiana State Prison, the former Klan Grand Dragon waited the outcome of a plea of his attorneys, filed today in Superior Court at Michigan City for a writ of habeas corpus. As the outcome of a hearing, tentatively set for 9 a. m. Thursday at Michigan City by Superior Judge Harry L. Crumpacker, Stephenson might be freed, temporarily, or he might he sent to Marion or Hamilton county jails in custody of a sheriff to await anew trial. An obscure oversight in the transcript upon which his case was venued from Marion County to Hamilton County is the straw upon which Stephenson bases his hope that soon he will he able to change from the drab garb of the prison to the dapper raiment and careful toilet which marked his jail days here and at Noblesville. And after that—hail, perhaps. This was another hope Stephenson held.

The trial and life imprisonment sentence of the former Klan chieftain In Hamilton County Circuit Court at Noblesville was illegal because the court had no jurisdiction in the ease, the petition nlleges. Lack of Name Although the habeas corpus petition itself does not state so. the Stephenson attorneys are attacking the jurisdiction of the Noblesville court on the grounds that failure of the Marion County clerk to sign the made illegal tlie venuing of the case to Noblesville, It Is believed. If this contention Is sustained and Stephenson Is freed from the restraint of the State prison bars the case will be at the same point it was following Stephenson’s indictment on a murder charge by Marion County grand jury and before he was taken to the Hamilton County jail to await trial, attorneys believe. Stephenson would he brought to the Marion County jail or taken to Noblesville to await trial here, on another change of venue in Hamilton or some other county. The way would be open in Criminal Court here for a move to obtain his release on bail pending the trial. Attorneys Lloyd Hill and Paul O. Newman of Indianapolis and Robert .Moore of Michigan City filed the habeas corpus petition. Automatically a habeas corpus writ was issued ordering Warden Walter Daly of the Indiana State Prison to bring Stephenson before the court for a hearing on the petition. May Be Postponed The judge tentatively set the hearing for Thursday, but indicated that he would postpone the hearing if Attorney General Arthur L. Gilliom (Turn to Page 9)

‘lt Would Bea Travesty' “It would be a travesty on justice if any judge in Indiana should release Stephenson from the penitentary on any plea that a ministerial act of a clerk of court was at fault. “God forbid that Indiana should be further blackened before the Nation by any such act.” This is the statement of Judge Charles E. Cox, one of the attorneys who prosecuted Stephenson and assisted in convicting him of the brutal murder of Madge Oberholtzer. “I can not believe that there is any danger of any such action,” continued Judge Cox. “Stephenson and his attorneys pleaded for a hurried change of venue in order to ask for bail. We agreed upon Hamilton County. No objection was raised at that time to any error in a purely ministerial act by a deputy clerk of the court, If any existed. His attorneys did not raise any question of jurisdiction. He went to trial before a jury. That jury heard the evidence. That Jury found him guilty of murder and sentenced him to life imprisonment. To attempt to secure his release through such a procedure at this time is absurd. I can not believe that it can succeed.”

WHA T STEPHENSON SEEKS TO ESCAPE Kidnaping of Girl—Attack on Way to Hammond—The Poison —The Cruel Ride Back Home.

A burly man rang the front door bell of the home of Madge Oberholtzer, 28, at *5802 University Ave., the morning of March 17, 1925. The doorbell was answered and Madge Oberholtzer’s broken form was led through the doorway, from which she never was to emerge alive. That was the start of the case which landed D. C. Stephenson in Indiana State Prison for life, the case in which Stephenson’s attorneys now eonterid there was a mistrial. The girl died April 14, but she had told her story before she died. Here it is: . On the night of Sunday, March 15, she went to Stephen**’* palatial

Forecast Unsettled with p-robably rain tonight and 'VVedr,esday; not much change in temperature; lowest tonight about 35.

MARION COUNTY

TWO CENTS

Ex-Dragon*s Plea for Freedom

The following is the petition for a writ of habeaus corpus, filed in La Forte Superior Court at Michigan City today by Lloyd O. Hill and Paul O. Newman, In behalf of D. C. Stephenson. Warden Walter H. Daly of Indiana State Prison is named defendant: “Your petitioner, David C. Stephenson, respectively represents that he is unlawfully imprisoned by - Walter- H. Daly, warden of the Indiana State Prison at Michigan City, Laporte County, Indiana. The pretended cause of imprisonment is as follows: “That in the trial of this petitioner* in the Hamilton Circuit. Court lie was convicted of murder in the second degree, judgment of the court followed, commiting your petitioner to the Indiana State Prison for the remainder of his natural life and thereby placing him in the custody of this defendant, Walter H. Daly, and that the imprisonment is illegal In this: "That the Hamilton circuit court judge committed your petitioner to the keeping of this defendant, that he did not have jurisdiction of the body of your petitioner or (he subject of the cause, and that the judgment of said court was void. Your petitioner further represents that he has not been placed In the custody of this defendant for safe keeping nor on any executive order, wherefore your petitioner asks that a writ of habeas corpus may he granted and that he may be discharged from such imprisonment. (Signed) “DAVID C. STEPHENSON.”

home, 5432 University Ave., in response to a telephone call that he wanted to see her on important business. They had had business dealings before. As she entered the home the door was locked behind her. She was forced to drink with Stephenson and other men. Whatever she drank rendered her powerless to protest when Stephenson and the other men put her in an automobile, took her to the Union Station and loaded her Into a stateroom on a midnight train for Hammond, Ind. On the way to Hammond Stephenson attacked her. The abtopsy (Turn to Page 9)