Indianapolis Times, Volume 38, Number 238, Indianapolis, Marion County, 10 January 1927 — Page 2

PAGE 2

SECOND PROBE JURY MEMBER SELECTED

ISLIE NAMES CHAIRMEN FOR HOUSt SESSION * l/lrs, Gardner Heads Local Affairs Committee — Picked Sunday Night. House committee chairmen were nnounced Sunday night by Speaker larry G. Leslie. Mrs. Ella V. Gardner was given he chairmanship of the Committee n Affairs of the City of Indianapois, and H. Walker De Haven heads he Insurance Committee, as forecast y The Times Friday. Other Marion County Representaives given chairmanships are Lloyd ). Claycombe, Criminal Code; Wilarn Bosson Jr., corporations, and 'Yank E. Cline, Railroads. Heads Selected Other appointees are: Agriculture—Charles M. Trov ridge of Rushville, Henry and Rush lountles. Banks —Guy Ballard of Amboy. Mimi County. Benevolent and Scientific Instltuions—l)r. John C. Knight of Jonesoro, Grant County. Cities and Towns —James Knapp f Hagerstown, Wayne County. Cities of the Second Class-—John V. Scott of Gary, Lake County. Education —Oscar A. Ahlgren of fVhiting, Lake County. Federal Relations —Elam Y. Guerney of Bedford, Lawrence County. Fees and Salaries—Thomas Grant f Lowell, Lake County. Judiciary A —J. Glenii Harris of iary. Lake County. Manufactures and Commerce —Ed 'ulwider of Greentown, Howard lounty. Military Affairs Benjamin F. Fray of Camden, Carroll and Cass Jounties. • Organization of R. tidenour of Auburn,'Auburn and Dealb Counties. Printing—William C. Babcock Jr. f Rensselaer, Jasper and Newton lounties. Rivers and Waters —Walter A. uffman of Elkhart, Elkhart County. Roads—Oliver P, Lafuze of Lib•ty, Union and Wayne Counties. State Medicine, Health and Vital tatistics—Dr. Isaac N. Trent of [uncie, Delaware County. State Parks —Albert B. Barlow of lainfleld, Hendricks County. Telephone and Telegraph—William . Bond of Newcastle, I-lenry ounty. Ways and Means—Sam J. Farrell f Hartford City, Blackford and rant Counties. Leslie Finn An effort was made by the Marion ounty delegation to have J. W. Ibaugh, chairman of the local group, dio led in the movement to read Ira. Gardner out of tho Marion elegation, because of her Leslie jpport in the speakership race, rcppointed chairman of the Indianpolis affairs committee, but Leslie tood firm. \ Before this committee will come le Important measure making it ossible for Indianapolis to vote on te city manager form of governlent, as well as other city measures. Tho committee will include all tembers of the Marlon County elegation; Frank Borns, William osson Jr., Lloyd 1). Claycombe. rank Cline, H. Walker De Haven, ussell V. Duncan, J. W. Ebaugh, William H. Harrison, Samuel K. uick, William F. Werner, and 'rank Wright.

HUM. TOBIN COMMITS SUICIDE / * ound Dead in Room at Local Club. Services for William 11. Tobin, 56, olumbia Club, who fatally shot him>lf Saturday night at the < club will 9 held Tuesday. A short service will be held at the >hn H. Reynolds, undertaking estabthment, 950 N. Pennsylvania St., >llowed by ceremonies at the Sts. eter and Paul Cathedral, at 9 a. . The body will be taken to Muncie id. Tobin was president of the Conliners Coal Company, which failed 'veral years ago. He then went to anville, 111., bu,t returned here a ear ago. A month ago ho filed a >1 notary bankruptcy pica in Pedal Court. He was born in Grcenustle, Ind. \ A week ago Tobin slightly inired when his auto struck a tree ear Broad Ripple. He was a memr of the Elks and Knights of (Joimbus. Besides his widow ho is survived y bis daughter Rachel, IS. a broth- •, T. E. Tobin of Roachdale, Ind.; ro sisters, Mrs. A. M. Karle, rawfordsville, Ind., and Mrs. ElizaIth Kelly of Bowman, S. D. ' Gone, but Not Forgotten Automobiles reported stolen to pose belong to: Victor Baudack, 1202 Nordyke ve„ Ford, from Capitol Ave. and r ashington St. Ray Wells, R. R. J, Box 144 E, ord, 11-121, from Pall Creek Blvd. id Paris Ave. Michufl Smith, 121S Wright St., Drd, 590-240, from Union and Paler sts. ■ John Ralston, 620 X. Jefferson ve., Chevrolet, 223-176, from Now >rk and Meridian Sts. I BACK HOME AGAIN Automobiles reported found by po:e belond to: Walter Bryant, Anderson, Ind., >rd, found at Tenth and Kamp Sts.

FOUR GANG FIGHT VICTIMS CHARRED

'Jjnlric _ *

“Sliaddy Rest,” fortress of Charley Birger, Southern Illinois gang leader.

By United Press MARION, 111., Jan. 10.—Gang hatred of southern Illinois has flared into existence again and today the armed fortress of Charley Birger—“Shady Rest’’ —-is a mass of charred embers while four persons are dead, so badly .burned that identification is impossible. The citadel of the swaggering Birger—who has not been seen for more than a week —was bombed, riddled with bullets and finally burned early Sunday. The gangsters who set fire to the roadhouse escaped without being seen. So far Governor Len Small, who is at his home at Kankakee, 111., has said he can see no need of troops again being sent into Williamson County to quell the riotous spirit. Local authorities have not sought outside aid.

WAIT JUST WEARIED LEE, &4 YS FRANKLIN Celebrated Prisoner Got Tired of Remy’s Delay on Trial, States Johnson County Paper.

Jail breakin’ Ralph Lee, who up until two hours before the New Yeai came in. was held in the Johnson County jail at Franklin, Ind., awaiting .his seebnd trial for the alleged murder of Abner Peek, Speedway City grocer, is causing officials of Marion and Johnson Counties to ruffle eacli other’s fur just a wee bit. Lee, according to a Franklin citizen, who is quoted at length in the Franklin paper, "got tired of waiting” for Johnson Count* officials to get an answer from Matron

Far and Near

ATHENS —Greece is ready to do business with Henry Ford provided the automobile manufacturer would agree, in connection with the establishment of a Ford factory at Piraeus, to transport machinery, automobiles and accessories in Greek ships. N GENEVA—The League of Nations celebrated its seventh anniversary with considerable pride in its achievements, especially those of 1926, during which Year Germany was admitted to membership and progress was nyrde toward a disarmament conference. JOHANNESBURG, South Africa—German bankers, it is reported, arc ready with funds for tiie erection of a 820,000,000 plant for the extraction of gasoline from last torbenite deposits in the Ernielo district of the Transvaal. Final tests of the mineral were expected to lie concluded in three weeks. ATHENS—Royalist activity for the restoration of King George to the throne had been resumed after a memorial service for the late King Constantine, the first since his death. LONDON —Farmers and farm wo r lid's must join in strong unions, else they never will progress, Ramsay McDonald said in an outline of the Labor party’s agricultural program. PARIS The junk pile has claimed the last of the Zeppelins turned over to France by Germany as spoils of war. The government sold the dirigible as junk. She was a sister ship of the Dixmude which was wrecked with large loss of life.! MOSCOW —Twenty-one persons ewer reported killed, 13 severely injured, and ninety less ser.ousiy hurt when two trains collided near the village of Arsaku, near .Moscow. TIFLIS, Transcaucasia —Crews of six lishing boats perished in the Caspian Sea when their vessels were driven off shore. - One vessel was found anchored with the crew frozen. MOSCOW —Three hundred houses in the Okonsk district and the village of Sadzilzas in the republic of Georgia are reported to have been destroyed by avalanches. A family of five persons walking along a road was smothered by a snow slide. HEMPSTEAD. L. I. —Parishioners of the local Union Baptist Church for Negroes obtained an injunction to restrain their pastor, the Rev. Shadroek M. B. Usry, from preaching to them. “Matters of finance are involved,” sjjd the complainants. NEW YORK. —Police are “brutal” and hence themselves are to blame for flic numerous killings of patrolmen By bandits, according to Alhejis Greer, founder of the Marshall Stillman Movement, Greer listed the “third degree, shakedown and frame-up” as instances of the "brutality.” NEW N. Y.—Solomon Rippe, 84, and bis wife, five years his junior, celebrated their golden wedding anniversary in what was a reunion. During the past twenty years Mrs. Rippe has lived with relatives in Little Rock, coming here recently to join her husband in the United Home for Aged Hebrews.

The process of deduction is being used in an attempt to Identify the four bodies —now lying in a morgue in Marion. Sheriff Oren Coleman, the college graduate sheriff, and Coroner Bell are checking on the whereabouts of the Birger gangsters in an attempt to find •who is missing. It is believed two of the bodies are those of Steve George, caretaker, and his wife. Three of those killed are believed to be Birger aids, while a fourth is believed to have been one of the midnight marauders. ' This last belief Is gained from a large spot of blood In front of the burned roadhouse and indications a body had been dragged into the burning building. The four deaths brought the total of gang murders to thirteen within the past year.

County officials when his trial would be held, so he walked out. This was his third walkout from the same jail. Johnson County Ready Prosecutor William H. Rcmy said he notified Johnson County officials that Lee could be tried any time convenient to them. Remy said there was a large amount of correspondence before the first trial, in which the jury hung, but there have been no six or more requests from officials for a trial date this time, as the Franklin citizen stated. “I called them and told them what Remy said—that it would be agreeable to have the trial any time," Deputy John L. Niblack said. “Well, they didn’t do anything and now, with eight piurder trials set for between now and the last of February, we had to hold up the Lee trial." The Franklin citizens said Marion County officials were too busy investigating each other to try the case. Flays Police Politicians "That Franklin man, might as well know we didn't invite the corruption probe,” Niblack said. The Franklin citizen said tho newspapers are “panning us for having snow around tho courthouse square and for being human in thoughts for a man charged with murder who is lodged in our jail, although the very law that put him there says he is not guilty until it is proveq beyond a reasonable doubt.” “We all realize that the wheels of justice grind slowly, but in Indianapolis, where the policemen are politicians and the politicians are afraid of 'lnvestigating each other, and where 350 men clean the snow from the streets and the people can’t find where they’re cleaning, the prose cutor’s office doesn’t answer the first half dozen requests to indicate when it can try a man held in jail for murder," the citizen is quoted as saying. PROBING FATAL WRECK Railroad Officials Investigate Twentieth Century Limited* Collision. Bu l.nitert Press SYRACUSE, N. Y., Jan. 10.—New York Central officials today began an investigation into the collision yesterday of the third and fourth sections of the Twentieth Century Limited, which resulted in the death of one engineer and Injury- to two others. Preliminary investigation by officials shotted Walter Seoville of Buffalo, engineer of the fourth section, who was killed at ids post, to lie at fault, it was indicated. Seville, the official statement said, ignored "caution and stop” signals. The crash occurred near the Savannah station, thirty-one miles from here. Stanley Henderson. Buffalo, fireman in Scoville’s cal), is at a local hospital suffering from seri<ms.burns inflicted by escapimj steam. Arthur Keniwrly, Cal., a passenger on the fourth section, is at tho same hospital with a fractured ankle.

TRIAL IN MELLETT CASE / Ben Nahd Fares Court Aroused of Hiding Pat MoDemiotf. Bv United Press CLEVELAND, Ohio, Jan. ID.— Another courtroom chapter in the assassination of a Canton newspaper editor last July commenced here today when Ben Nadel, Cleveland bootlegger, wefrt on trial on rharges of| harboring Patrick E. McDermott here after Don R. Mellett was slain. ' , McDermott, convicted by a jury of first degreg murder in Cuntbn, faces life \imprisonment. Ho fled from Canton after tho murder and lived in Cleveland jvlth Stanley Slagle and his wife. The Slagles told the grand jury Nadel paid them to hide McDermott. Counsel for Nadel lost an attempt today to have /he trial delayed. McDermott was brought to Cleveland to testify for the prosecution. When Nadel’s case has been disposed of McDermott will be returned to Canton to be formally sentenced ind then taken to Columbus to be gin his life term,

TIMES

UTILITY MAGNATE IN EAST PLANNING MERGERFINANCE Organizations to Be United Later —$200,000 Bond Posted by Clarke. Harley L. Clarke, Chicago utility magnate, to whom the public service commission Saturday granted permission to merge the two Indianapolis light utiliTTes, left Saturday night for New York City, where he will immediately resume negotiations with the Chase Securities Company for the financing of the new corporation. Today is the final date of the op- | tion on the Insull stock given Clarke and associates in December. “I will have to make some speed.” declared Clarke after the commission made its decision Saturday Use Best Men The financial merging of tho two properties takes place today. The maf-ging of the two organizations will require more time. "We plan to use the best men In the Indianapolis Light and the Mer- | ehanta "companies in our new organization," said Clarke. Added Discount The unification of the two systems is to bring to light and power consumers a rate reduction, according to the' commissioners’ order authorizing the merger. An additional discount of 5 per cent |to power users will bring all consumers under the 10 per cent discount plan now applicable to small users only. Details of reduction promised by ciarkp win be left to the public servic£ otunmission, according to Clarke's agreement, it is- said, and that body will weihtin a few days have the question of its distribution before it. Posts High Bond “As far as I am concerned.” said Commissioner Clyde Jones, "this reduction is going to the smallest consumers." Two other commissioners voiced a similar opinion. A 1-cent reduction for small consumers was mentioned as a possibility, although no definite figure could be given until the accountants department reported to the commission the exacf figures on the consumption of the group classed asi “small consumers." Clarke and the Chamber of Commerce have arranged for the posting of the $200,000 forfeit mentioned in the Chamber agreement, which Clarke will lose in case of an attempt to increase rates within five years. EARL CARROLL TO "CELL Court of Appeals Upholds Conviction in “Bathtub” Case. By United Press NEW YORK, Jan. 10.—Earl Carroll. theatrical producer, must spend a year and a day in Atlanta peniten•nry as a sequel to his famous “bathtub party” on the stage of the Carroll theater in the early morning hours of Washington’s birthday, 1926. Carroll’s conviction on a charge of perjury, resulting from the story he told the grand jury investigating the today was upheld by the United States Court of Appeals. SEEK RAIL RATE PROBE The Indiana State Chamber of Commerce has submitted a petition before the Interstate Comnf&rce Commission asking that an Investigation be made into the'proposed carrier cancellation of railroad commodity freight rates on metal furniture.

Old and New City Legal Heads

sit Jm

Alvali J. Rucker (above), who was forced to resign as corporation counsel today by Mayor Duvall on the eve of renewing the fight for mi injunction to prevent.the light merger anil Schuyler S. Ilaas (below), who succeeded Rucker.

Happy Flossie Flirt Doll Owners Pack Keith s at Times Big Party

Here are some of the 1,700 happy Flossie Flirt owners who attended the Times’ theater party Saturday at Keith's.

THE SEQUEL TO SOMA By Vida Hurst :

BEGIN HERE TODAY SONIA, the young wife of Dr. Don Stillwater, became jealous of her husband when she inadvertently learns that he formerly was engaged to— ELAINE WALLACE, stylish wife of Stillwater's partner. DR. ROBERT WALLACE. Through ESTHER LANE, stenographer in the office, SONIA also learns that Dr. Wallace is somewhat of a flirt, and attracts many of his women patients. DR. STTT.LWATER takns Sonia to a Chinese restaurant in San Era leiseo for dinner. Later she soliloquizes on the fact he was engaged to another before their marriage. SONIA fears the Wallaces may have heard about her affair with Franklm Crane, before she w as married. Sonia thinks Don is ill, because he is not looking well, and calls on Dr. Wallace for advice. She receives no satisfaction from Wallace who tries to flirt with her. She runs across Stillwater and Elaine Wallace in a Chinese restaurant and later is Ailed with eonflietlng emotions. She meets Jinny of Jed Thomas On the night of their wedding anniversary. • Elaine phones calling Don awav as they nrc about to go out and celebrate. When he returns the evening is spoiled. lie brings something from the auto. Tt proves to lie a present picked out by Elaine. Later at the Wallace's Elaine act uses Sonia of calling her husband by phone and then dpfiying U NOW GO ON WITH THE STORY By Vida Hurst CHAPTER A’H. Elaine's words had fallen with an icy shock on all three of her listeners. For tljyee different reasons. Sonia’s eyes met Bob’s. He was sending her a frantic S. O. S. But why should she be always shielding some delinquent male at her own expense? She was married now. And owned something to her position as Don's wife. So she returned his gaze, coldly, and answer er, “I told you I would have no reason for concealing a telephone call.” "Then why do it?" Elaine was not smiling. Sonia knew that she intended to force the issue. She picked up her cards. "Because I did not cat! him.” The other wofnan's eyes blazed. “You’re ridiculous, Sonia. Bob told me himself . . .” “For God s sake,” interrupted her husband. “Sonia says she didn't. That settles it.” The game went on. Don hid two <*fio trump and Elaine spread out her cards. But ,her face was ghastly. The rogue stood out in hard spots. Sonia, too, was furious. Bob had contrived to make it appear that “he was being chivalrous .... The men, more imprevious to those swift emotions, which strikes women out of a clear sky, continued their conversation. But it was a disagreeable evening. Full of undercurrents! On the way home, Sonia said, "I suppose you wonder why I didn’t tell you before?” "About what?” • As if he had forgotten! "That telephone call.” “None of my business.” admitted Don.- cheerfully. "Well. Don, I didn’t call Bob that ■lay. Why should I deny it? He lied to protect someone else. That's all." " “I don’t understand." he said, calmly and sensibly, “why either of you should lie about it. Bob probably halT from 20 to 300 telephone calls from women in the course of one day.” Sonia was dumfounded. She had nc idea that Don would doubt her denial. This sounded perilously like it. “But. darling,” she persisted, “you certainly don't think I am not telling the truth.” He stepped on the gas and'the car shot ahead. "I don’t think. It’s not my fight. you talked to Bob over the telephone it doesn't concern me. Nor does your denial of it to Elaine." ' She cuddled closer to him. "I think you’re silly. You carry this personal liberty idea too far.” "Your idea, Sonia.” "I know, but I'm beginning to think the whole thing is wrong. After all, what we do does concern each other.” He said no more and the subject was permanently dropped. Sonia was sorry she had promised to go shopping with Elaine. The prospect of a day together after last night’s controversy was not a pleasant one. She hoped Elaine would call, offering excuses. If Sonia refused it would look as if she were guilty. Which was the one thing she had no intention of appearing. But no call came. So at 10 o’clock the two women met at the glove counter as they had planned. Elaine was looking very smart in gray. Silky black fur softened the metallic brightness of her face. Her eyes were, as brilliantly keen as the jeweled pins in her black satin hat. Sonia approved ever detail of her costume, wondering why Bob wished to flirt with other women. She decided the answer lay in the straight, thin, lips, the close-set eyes. “Temper like a wildcat,” Don had said. But lots of men liked temper. Some of the most devoted husbands she bad ever known were married to

incessant, everlasting naggers. There was a fundamental selfishness about Elaine. A smallness of soul. Suddenly Sonia realized that she was criticizing her companion. Picking her to pieces while smiling in a friendly fashion. “Kitty, kitty,” thought Sonia. “Wonder what she’s thinkiiffe about me. Well, check, old thing.” She forced herself to be companionable. To answer sincerely Elaine’s endless questions as to whether or not Sonia liked her in this. Or that! —Finding fault with everything. Particularly, it seemed to Sonia, if she liked it. "No, that looks cheap. . . I never wear blue. . *T— Have you it in any other color?” \ Sonia marveled at the patience of a salesgirl who could smile so graciously and continue the search for "soniething^different.” “But that is more than I wisli to pay,” was her final objection to an evening gown, faultless in color and line, unquestionably distinctive. Sonia blushed for her as they left the department. Elaine was disgusted. “What shall we do now? We’ve wasted the entire morning. I never can find anything at a sale.” She glanced at her watch. “A quarter of 12. Shall we have lunch?” They did and as they sat in the jysowded little room, blue with smoke Sonia, glancing toward the corner, found Jinny's brown eyes fired upon her. She smiled, gaily. Looking closer she recognized Frankie and Fern. Bursting with curiosity as always! Queer how the sight of the inseparables rouse the same old feeling of aversion. Was she unusually low today? Or were one’s opinions unchangeable? After all it had only been a year since she had left the real estate office. They had known many careless, friendly moments lunching together, or gossiping in the dressing room. For the first time she became conscious of a faint desire to talk with them. To hear tho scandal. Heads together, eigaret smoke curling t.pward! Someone was “catching it.” Elaine's glance had followed hers. "Friends of yours?” “Yes. Girls who used to work in the same office.” Elaine scrutinized them carefully. “Rather good-looking one In brown.” ■ “That’s Jinny. I like her better than the others.” Grateful for the topic of conversation which was not personal, sho continued. “Jinny looks like a little mouse. But she’s usually up to something. The other two simply tear their hair to find out what Jinny is doing. And she encourages their interest by telling absolutely nothing.” But lOiaine had evidently lost interest. She was back on the topic of the day. “I wonder, Sonia, if I'll be sorry I didn’t take that last evening gown Sonia reached home, exhausted. Swearing off all shopping trips a deux. In future Elaine could do her “looking” alone. As she ran up the steps to her door she was conscious of only one desire. To get out of her coat which really was too warm for a- sunny day, and flop on the davenport. No intuition warned her as she put her hand in the mail box. Even as she pulled out a couple of letters she had no premonition. One was from Anna. The other, bearing a foreign postmark, forwarded from tho real estate office, could only be from Franklin Crane. Forgetting her fatigue Sonia stared at it, nervously. The thin envelop brought him suddenly to life. Appealing eyes, sweet, wistful mouth. “You are cruel to me, Sonia!” She was living again the moment he came, intoxicated, to her room. Confessing that he had quffliseled witli AVaiter Henderson. Was Tfiie never to be able to put the past behind her? To live down its mistakes? To proceed unhaunted by fear? / Terrob clutched her by the throat. Why was he -vriting? What did he want? How Jared he make advances of any kind to her now? Slowly she removed her hat and coat. Retreating to the bedroom. The maid was in the kitchen. She must be alone to meet this shock, this letter from the past was sure to bring. It was not long. “My dear Sonia: "Almost a year since. I left the good old U. S. A.—My mother and 1 are coming home. Sick for a glimpse of San Francisco —and old friends. "I’m wondering about you, Sonia. Have thought of you many times. No' one else quite 'like you, you know. Are you still married? I

know you’re not tin the office any more but they will knoit where to forward this, I hope. I wfftit to see you again if there is any possible chance. "Sincerely your friend. FRANKLIN CRANE.” She read it blind with tears. Something wistful about it! Something subdued! No doubt he too had suffered. But, oh, he must not return to San Francisco. She would write and beg him to stay away. Hunched on tho bed, she made hysterical plans only to reject them as impossible. She would tell him she loved her husband. Ho must not try to see her. He must stay away. But would he? San Francisco was his home. Now that the fear of a renewed investigation had subsided there was .no reason he should not return. She knew him well enough to realize that his own well-being was all that mattered. He would never stay away for her peace of mind. She went, desperately. Hadn’t she suffered enough? Was she to conj tinue to pay for her folly indefinitely? And, worse, make Don share her j punishment? Sweet old Don. who had always been the champion of the underdog? Whose love she prized more than life itself. | As early twilight gathered in the I room,_£he achieved a frozen self-con-trol. There was nothing she could do about it. Simply nothing! He had given her no address. Was probably already on his journey home. Jle would expect an answer through the real estate office. But she would not answer. She would never stoop to ask a favor of this man. “Let him come,” she cried, lifting her head, meeting her own tearwashed eyes in the mirror. “I shall ignore his presence as I do his letter. He’s a coward. He won’t dare force himself upon me. Particularly when he hears I’m married." “Ah, but hadn’t she been married before he went away? Little that marriage had meant to either of them. She hal scorned convention, had flaunted her love in its face. To pay More bitterly than he, thank God, would ever know. She decided to tear the letter into pieces. To burn the pieces. But before she had time to act on this decision, the door opened and Don came in. Staring at her tragic face! “Why, honey, what in the world's the matter?” (To Be Continued). MARINES MOURN JIGGS Bull Dog Mascot Will Re Given Military Burial Toda>^ By United Press WASHINGTON, Jan. 10.—Sergeant Major Jiggs, as hard boiled as any Marine who ever shouldered a musket, is dead —the victim of peacetime luxury. Jiggs, a bulldog, who enlisted in the Marine corps eight years ago and had served in many lands, was the mascot of tho corps with headquarters at Quantico, Ya. Too much beefsteak, and, in general, a dog’s life among good friends proved his undoing. They brought him to a dog hospital here where several doctors fought the attack of gastritis, but Jiggs died no hero’s death. At sunset, however, lie will have a hero’s burial. His', body was taken by airplane this afternoon to Quantico in a casket drapod with the Marine emblem. Eight hundred Marines will take him to his grave with a rifle salute and taps. ASKS NEW DALE TRIAL Prosecutor Admits Error on Part of Court. By United Press MUNCIE, Ind., Jan. 10. —Admitting error on the part of the court, \ Joseph Davis, Delaware County prosecuting attorney, lias asked anew trial for George R. Dale, Muncie edi- j tor, convicted recently on a charge : of criminal libel. Dale was sentenced to six monts’ imprisonment and fined S4OO. Davis, who assumed office Jan. 1, declared the court had failed to i grant Dale a trial before an impartial jury in his confession of error filed today. PLAN NEW KIP APPEAL II if I nited Press I WHITE PLAINS, X. Y„ Jan. 10 Attorneys for Leonard Kip Rhine; lander have decided to appeal from the jury verdict refusing to grant annulment of his marriage to Alice Jones Rhinelander or the ground she deceived him aS •to her race. Argument in the Court of Appeals will be heard in late spring. The appellate division of the Supreme Court last week upheld tho jury’s decision, but one justice dissented, paving the way for an appeal.

jW. 10, 1927

John Collett, Retired Attorney, Survives Out of Fifteen. ONE DEAD MAN IN LIST Judge Collins Requests ExLawyer to Serve. One more man was added today to the new Marion County grand Jury, which will continue tho investigation of political corruption charges which was begun by the last grand jury. He was John Collett, 25 E. ThirtyThird St., retired attorney. Judgo James A. Collirts excused- twelve others of the panel of fifteen. Os the remaining two drawn for service Gregg E. Waddell, Route E, Box 179, lias been dead some time; Samuel E. Jacobs, 2913 E. New York St., could not be located, and F. L. Moore, 1306 Pleasant St., was out of the city and had not been summoned. Asked by Judge Judge Collins especially requested Collet to serve. Collett said he would like to serve, and believed lie would be able to, although his heart sometimes causes him trouble. Charles Clark, 2514 Station St., Is the other grand jury member chosen so far. Those excused by Judge Collins this morning: a Herbert E. Harting, Route J-2; e| Lewis, 521 W. North St.; David Lipschit, 425 E. Washington St.; Walter E. Twyname,. 2548 Park Ave.; George Lay, Kingan & Cos.; Oscar Lyons, Hibben-Ilollweg Company; S. D. Dungan, Route L-l; Oaklandon, Ind.; William J. Lancaster, 29 W. Washington St.; Otis Logan, 612 Guaranty Bldg., and Raymond Loudon, 38 E. Washington St.In addition to these, Moore, who has-been out of,the city and not summoned for service, was excused. Two others of those excused were not in court. “Business” Reason Ail but one, who pleaded sickness, were excused, because they said their business prevented jury service. Collins ordered the jury commissioners to draw another panel of fifteen for jury service and ordered Sheriff Omer Hawkins to order the now list to appear before him Thursday at 9 a. ni. This will be the fourth venire drawn for jury service. When the second venire was drawn, A. W. Antrim, president of Jessup and Antrim Tee Cream Company, was tentatively selected to serve. It was learned, following this that Prosecutor William H. Remy was investigating a shift in a $25,000 city milk contract, after Antrim was drawn. The contract was first let to Polk’s Sanitary Milk Company, but was shifted to Antrim’s firm twenty-four hours after his name was drawn as a prospective juror. When Judge Collins requisitioned. Antrim Thursday the latter saki there was a large building program at the plant that had to be personally supervised by him. On these grounds ho was excused. Evidence, showing what a previous grand jury learned after eleven weeks’ investigation, Is now impounded fn Judgo Collins’ private chambers. This is to be turned over to the new jury, ivhen selected.

PHOT LIMITS STATIJSf VAfiE Refuses to Certify SenatorElect as ‘Duly Chosen.’ Bu United Press HARRISBURG. Pa., Jan. 10.— Governor Gifford Pincbot today refused to certify United States Senator-Elect William S. Vare of Philadelphia to the United States as having been “duly chosen by the qualified electors” of Pennsylvania. Instead the Governor issued a certificate to Senator-Elect Vare which reads that “or) the face of returns’’ Vare “appears to have been duly chosen by the qualified electors of Pennsylvania.” NEW DISTRICT PROPOSED! Separation of the forty-first Indiana Judicial district will be asked in a bill to bo sponsored by Senator L. G. Bradford (Rep.), St. Joseph County." , The district now includes Fulton and Marshall Counties. R. It. Carr is the judge. Bradford, who serves as joint Senator from St. Joseph and Marshall Counties, states that little expense to the county would be involved in the change. 1-Ie asserts that cases in which a change of venue is asked could be handled better and more rapidly and with considerable saving to the litigants. WEDS HIS HOUSEKEEPER Bn United Press POKT(’i 1 ESTER, N. V., Jan. 10.— Frank TV. Savin, wealthy banker, and second oldest member of the New York Stock Exchange, was married to Miss Anna Schleis, 41, who for years had been tho housekeeper at his mansion here. Savin is 76. This was his fourth marriage Miss Schleis had not been married t>efore.' She was born in what is now Czechoslovakia. Other servants in the Savin household witnessed the ceremony. v

BEST FOR COLDS aniTHROftTTROUBLES|^^ WHOIfSOMfr" — —- V NOURISHMENT