Indianapolis Times, Volume 38, Number 283, Indianapolis, Marion County, 3 March 1927 — Page 1

JOIN THE THOUSANDS WHO ARE READING ‘JOY—YOU'LL FIND IT ON THE BACK PAGE

Home Edition Reliable recipes will be found on the women’s pages. Know how to prepare delicious dishes.

VOLUME 37—NUMBER 283

DEARTH HIRES ATTORNEY HERE

LIBERTY LIVES

Indiana still believes in liberty. It has not been kidnaped from the United States. The Bill of Rights still protects the freedom of the press. This is the meaning of those ninety-three votes in the House of Representatives which charged Judge Clarence W. Dearth of Muneie with assuming the role of tyrant. They mean that Indiana believes that any judge who uses his office to interfere with the free press of the State is guilty of high crime. “I demand the impeachment of this Mussolini of Muneie.” | This was the single sentence in the one and only speech made on the most} important action which the Legislature of Indiana has even taken. Into that sentence Representative John W. Scott of Gary crowded all the defiance to tyranny, all the love of liberty, all the determination for freedom which other orators have voiced in a century and a half of gloi’ious liberty. It is significant that in that House of Representatives no voice was raised in defense of the actions of this judge. Be it written to the everlasting credit of Indiana that in its House of Representatives no one rose to excuse on grounds of passion, thoughtlessness or haste the violent use of judicial power to suppress free interchange of thought. It is significant that for the hour, a solemn hour, all thoughts of partisanship, of political ties were forgotten and there was manifest only the determination to keep that Bill of Rights unsullied and intact, forever the protection of human liberty. It is significant that there was no division of thought or purpose as to the necessity of defending the Constitution against tyrannical usurpation of power. It is significant that when there was presented the charge that the guarantee of a free press had been attacked, all legal quibbling and technicality was forgotten and there remained only the fixed determination to stamp out tyranny, if tyranny had been practiced. The matter now goes to the Senate upon the truth or falsity of these charges. Before that tribunal Judge Dearth will have his day in court. He will there have the opportunity to deny “hat he arrested newsboys without warrant or legal excuse, and that he confiscated newspapers and thus suppressed them without a hearing and without a trial. Judge Dearth will have his chance to deny irregularities in the control of juries, lie has with him and will have with him until the Senate renders its verdict, the presumption of innocence. , Whatever the outcome and whatever the verdict, those who believe in liberty, who have faith in the Constitution, who cling to the thought that a free press is essential to a free people, have cause to take heart from the action o f the Lower House. For the first time in the history of this Nation a judge has been charged with suppression of the freedom of the press. And when that charge was made, Indiana thundered its answer that such a charge, if true, is crime, high crime; perhaps the highest crime, because the free formation of public opinion is essential to our form of government and anything which interferes is autocracy and is treason to democratic institutions.

RUCKER WINS IN a,OOO SOU Baltzell Sustains Demurrer of Defendant. Federal Judge Robert C. Baltzell (today sustained the demurrer of Alvah J. Rucker, former city corporation counsel, in the $250,000 libel suit filed against -Rucker, by Harley L. Clarke, Chicago utility magnate. Clarke’s attorneys were given twenty days to file an amended complaint. The libel suit was the outgrowth of charges of Rucker in a Circuit Court suit that utilities contributed to Governor Jackson’s campaign fund and in return Jackson was to name “friendly” public service commission members. Rucker attacked jurisdiction of the Federal Court and declared he was within his rights as an attorney. Baltzell sustained the demurrer, because the complaint failed to cite that acts pleaded in the Circuit case were irrelevant. NEEDED “PROTECTION” Harold Rader, 17, of 542 W. Wilkins St., was arrested Wednesday night for carrying concealed weapons when police found him at Washington and Noble Sts., with a revolver in his possession. Rader said he was on his way to meet a “lady friend” and that he needed the revolver for protection.

EVERY WOMAN LOVES GENUINE ORIENTAL PEARLS! 1 We Know They Do WATCH THE iNDIANAPOLIS TIMES

The Indianapolis Times COMPLETE REPORT OF WORLD-WIDE NEWsMsERVICE OF THE UNITED PRESS

Eofibed as Second-Class Matter at Postoffice, Indianapolis

NEW VERSION OF MELLETT MURDER Pat M’Dermott Denies Giving Story to Narrators. CANTON, Ohio, March 3.—The first complete story of the slaying of Don R. Mellett, editor, is in the hands of the Stark County grand jury. Two persons have disclosed to authorities the first complete version of the affair, which they say was told to them by Pat McDermott, now under life sentence for Mellett’s murder. McDermott, who has an appeal pending, has denied confessing the entire murder plot, saying “I must have been broadcasting in my sleep.” The stories told by both persons to authorities, however, check in every detail. The story was related at different times, both “before and after” the capture, trial and conviction of McDermott. The story which persons before the jury have told authorities relates that McDeVmott has implicated a former member of the Canton po'ice force and places him on the “firing line” when the murder was committed. Robinson Asleep as Filibuster Ruled Times Wnbin'Hnn Bureau. ■ liiZ Sew York Avenue WASHINGTON, March 3.—Hast night’s all night filibuster did not rob Senator Robinson, Indiana, of sleep, as did the similar filibuster on the Boulder Dam bill, a week ago, He went home at midnight and slept. Senator Watson r f Indiana, however, remained in the chamber r ntil early this morning. Both Senators twice voted against taking up Senator James A. Reed’s resolution which would continue life of tho Reed investigating committee and make possible anew investigation of Indiana politics. Robinson has taken no active part in the filibuster, but Watson moved to adjourn about 10 p. m., and during tho night took some part in the debate staged to prevent a vote upon the resolution.

JURY FLAYS DETENTION HOME SHE Plans of Majority Faction Commissioners Scored by Probe Body. NEW BUILDING URGED Present Location Better Than Proposal, View. Recommendations that the Marion County commissioners not move the Detention Home to 225 E. Michigan St., as proposed, were made today by the grand ,'ury before Criminal Judge James A. Collins. Copies of the recommendation were presented the commissioners on order of Collins. Erection of a new Detention Home was urged. The recommendations were made after the jury had issued subpenas for all three commissioners and questioned Minority Commissioner George Snider. Charles O. Sutton conferred with Remy In the outer grand jury room, but did not appear before the probe body. No Improvement The report declared that the proposed building is not an improvement over the present location at 1102 N. Capitol Ave. The home should not be removed until some place less hazardous has been* secured. The present site is preferable to the Michigan St. proposal. The move would be no remedy," the report stated. County Auditor Harry Dunn had announced that an effort was to be made to get money from the t4OO in the Detention Home repair fund to fixe screens and make minor repairs at the proposed building. It was nto known whether the Commissioners would heed the jury recommendations. Sutton and Cassius M. Hogle, majority faction members, rented the E. Mi<fiigan St. site. Give Reasons The'grand jury gave these reasons for opposing rental of the Michigan St. building: The proposed site is no improvement over the present one. The proposed site is not suitable for a detention home, and cannot be made suitable without great expense to the county. The proposed site is more of a fire hazard than the present one, and the building is not equipped with fire escapes. Leased From Edwards The Holloway Bldg, was leased from James F. Edwards, county councilman and real estaet man, for $350 a month. The council appropriation for Detention Home rental Is $325 a month. Councilmen asserted they will not make any additional appropriations for piaking repairs on the Michigan St. site. Leasing of the building through a county councilman is contrary to law, Snider charges. He and county councilmen who are opposing the new site also declare the building Is a "fire trap.” Juvenile Court Judge Frank Lahr said he only approved leasing of the E. Michigan St. site with the understanding that anew building was to be erected within a year.

8,824 Miles Covered by Wind Last Month Had you “ridden with the wind” during the past month as it first wafted and then really “blew” over Indianapolis, the "ride” would have covered 8,824 miles, according to J. H. Armington, meteorologist of the United States Weather Bureau. “The average hourly velocity of the wind during February was 13.2 miles/’ Armington states in his monthly report. “The prevailing direction was southwest." The month saw 127.3 sunshine hours, 2.36 inches of rainfall and two inches of snowfall, the report continues. February was the second warmest since 1871, the temperature averaging 39.2 degrees, 8.1 degrees above normal. The warmest February was in 1882 with a average of 42.3 degrees. Feb. 6, this year, with the mercury at 66 degrees, was the highest temperature of the month, the lowest being 17 degrees on Feb. 19. HELD FOLLOWING BLAZE Man Believes to Have Set Fire to Home—Suffers Burns. Kid Davis, Negro, 430 W. Wabash St., was in the detention ward of city hospital with burned neck and feet today. Police were called to the Wabash St. address on the report of an incendiary fire. Police believe Davis set fire to his own home and is responsible for several other fires of incendiary origin in the vicinity. Davis is held on a vagrancy charge pending investigation.

INDIANAPOLIS, THURSDAY, MARCH 3, 1927

THE JUDGE, HIMSELF, BUYS A PAPER

-- - • ■HiPV;^ :: " Wm E#v *< < : -.. v ■' '. ‘ '^?< * Mmßmmm *.li * .uHr^-

Circuit Judge Clarence W. Dearth, who drove thirty-eight newsboys off the street in Muneie, Feb. 19, anil took their papers away from them, found the newsboy to be a useful institution when he came to Indianapolis to hire a lawyer today. The judge stopped long enough to buy a paper from an Indianapolis newsie Incidentally the judge was snapped in the act (al>ove) by Ernest T. Pearson, The Times staff photographer, whom the judge ordered deputy sheriff's to remove from tlio courthouse grounds at Muneie the other day.

‘IMPEACH THIS MUSSOLINI,’ THE PLEA-93 TO 1 IS THE ANSWER

$1,000,000 PIER BLAZE 1 Freight Cars, Barge and Merchandise Burn at Jersey City. Bu United Press JERSEY CITY, N. J., March 3. Damage estimated at $1,000,000 was done by fire which swept Pier K of the Pennsylvania Railroad here today. The flames destroyed the superstructure of the pier, five cars loaded with freight, fifteen empty freight cars, thirty carloads of freight stored on the- pier, one railroad barge and a large amount of crude rubber. Railroad tugs, two fire tugs from New York and fifteen Jersey City fire companies got the lire under control in about an hour and a half. Smoke drifted over downtown New York and attracted attention of thousands on their way to work. Defective insulation was believed to have caused the fire. INSANITY, DEFENSE PLEA Effort Will Start Today to Save Croarkin, Murder Defendant Bu United Press CHICAGO, March 3.—A defense contention that Harold J. Croarkin. who is on trial for murdering 0-year-old Walter Schmith, Jr., is a ‘‘madman’’ will be started today. The State Is expected to conclude its testimony today, testimony by which State* Attorney Robert E. Crowe believes Croarkin should be hanged. The defense will start presenting its witnesses immediately afterward. Among those to testify for Croarkin are his wealthy relatives, several alienists and several persons who knew the rather pensive appearing defendant. SYNOD SESSION ENDS Morning Speeches Conclude Conference on Christian Education. • Three speakers this morning concluded the Indiana synod conference on Christian education at the Tabernacle Presbyterian Church, the Rev. John W. Nicely, of Muneie, presiding. The Rev. Jean S. Milner, of Indianapolis, spoke on “The Problem of an Adequate Supply of Ministers for Our Church;” Judge Frank J. Lah'r, of the Marion County juvenile court, on “The Church and Juvenile Delinquency,” and the Rev. F. N. Palmer, of Warsaw, “Presbyterian Cooperation in Educational Efficiency.” Reports on Presbyterian student work in Indiana colleges, were made Wednesday by a number of speakers. MAN HELD IN ATTACK George Nicola Arrested on Assault and Battery Charge. George Nicola, 28, of Indianapolis, who several months ago created a community furore by an attack on a charity worker, today came into police prominence again on a charge of assault and battery and carrying concealed weapons. Police say he beat and choked his mother-in-law, Mrs. Anna Sam, 63, a cripple, at her home, 219 Bright St., Wednesday. Motor Policemen Hauge and Troutman say Mrs. Sam’s neck bore finger impressions and was swollen. Mrs. Sam told police that Nicola came to her house, attacked her) and left. Lateixher husband, Ceorge Sam, and her son. Emil, found Nicola and fought with him. Nicola returned i to the home with a gun and threatened to kill them and was there when police arrived.

A Judge Is Charged With Violating Guaranties of Freedom. A hush portentious of ominous things sprt-ad over the House. An erect young legislator spoke a single sentence: “I ask you, gentlemen, to ’lmpeach this Mussolini of Muneie.' ” The representatives of three millions of people in Indiana —all save one —cast a vote which meant that for the first time in the 117 years of the Suite’s history a judge stood charged with violating the most sacred principles of the Constitution he had sworn to uphold. Vote 93 to 1 Clarence W. Dearth, judge of the Circuit Court of Delaware County, stood charged by 93 out of 94 State RepresenUatives voting upon the Impeachment resolution, recommended unanimously by Judiciary A Committee Wednesday afternoon, of suppressing the right to freely speak or write upon any subject and of tampering with the right to a fair and (Turn to Page 2)

Assembly Today

Both houses convened at 10 a. ni. SENATE House boxing commission bill special business on divided coinittee report. House bills on second and third reading. HOUSE Reconsideration of budget bill with Senate amendments. Sims “mayor protection” bill on th rd reading. Senate bills on third reading. Last House bill of session will be sent to Senate.

Mother Protector May Be Rewarded Bu United Press ALBANY, N. Y., March B. Joseph Barnum, 18-year-old Beacon boy, who was stabbed by his mother, and refused to tell the authorities until they promised not to “punish her,” piobably will receive a college education because of his devotion to her. Dr. Mattias Nicoll, Jr., State health cimmissioner today received 3 letter from George W. Davis, super Intendent of the child welfare board of Duchess County, who investigated the case. Davis said the Barnum family is not in want, but that many people had sent in contribution. The funds, if they reach a sufficient amount, will be used to set up a scholarship for Joseph, Davids wrote. reclWbTried here Man Burned to Death In Lonely River Cottage Wednesday James Allison, 65, a recluse who was burned to death Wednesday in his home at Sixth-seventh St. and White River, was to be buried today, in Crown Hill cemetery, according to Royster and Askin, county undertakers. Mrs. R. Wilson Brooks, of Chicago, his daughter, and her mother, from whom Allison was divorced, were unable to attend. Bert Allison of Monticello, Ind., a brother, attended the services. HOURLY TEMPERATURES 6 a. m 22 10 a. m 29 7 a. m 22 11 a. 32 8 a. m 24 12 (noon) .... 35 9 a. m 27

Outside of Marion County 12 Cents Per Week. Single Coplea

BOY OF 14 FIGHTS FOR BRIDE, 27 But Officials of Maine Town Rule Couple Shall Not Wed. Bu United Press CANAAN, Maine, March 3. —Their matrimonial plans blocked by town officials, a 14-year-old farmhand and a 27-year old divorcee today expected to start legal action here with a view to wedlock. Town Clerk Lottie Foster has refused to issue a marriage license to Willie Buzzell, husky exschoolboy. and Mrs. Thelma Tibbets, mother of a 6-year-old child. Canaan’s selectmen affirmed the ruling. Willie's parents, Mr. and Mrs. Les lie Buzzell, have approved their young son’s marriage plans, but even this, the selectmen said, would not cause them to reverse their decision. “We did not think the marriage a proper one and we believe that we were and are perfectly justified In holding up the marriage of this boy to this woman,” declared Chairman Horace Bean. “It is no reflection on any one that we have done this, but it was held up and refused entirely on account of- young Willie Buzzell’s age.” The selectmen said they expected to succeed in delaying the marriage until a bill now before the Maine Legis'.. ’--.re wr.s passed. This bill w„jld prohibit marriage of any male or female under 16 years of age without consent of I'robate Court. Willie and Mrs. Tibbets, who obtained a divorce several months ago from Frank Tibbets of Skowhegan, have rettftned counsel and announced they will fight the town officials’ ruling. Mrs. Tibbets first met Willie when she went to his parents' home to work.

4 MUST DIE IN CHAIR Pennsylvania Governor Shatters Lost Hope of Condemned Men. Bu United Press HARRISBURG, Pa., March 3. The four Olney bank bandits must die in the electric chair Monday. Governor John S. Fisher today dashed the last hopes of Joseph Curry, Harry Bentley, William Juliano and Frank Doris when he refused a request for another stay of execution. Counsel for the condemned men, convicted of the killing of Harry M. Cooper, a policeman, had made a plea for anew stay of execution so that the men’s case could be re-pre-sented to the pardons board at its March session.

When Your Tenant Leaves It your tenant gives notice that he is leaving, telephone immediately for a rental ad and save precious time. Every day your room, flat or house is empty is ti dead loss. In The Times your for rent want ad will not only reach newcomers, people seeking other living quarters, but also cost you less —Want Ads Cost Less In The Times. Call MA in 3500 You Can Charge Your Ad.

THREE CENTS

Impeached Judge Visits City for Few Hours and Employs Frederick Van Nuys—ls Silent. FORMAL CHARGES PREPARED Senate to Receive Papers Late Today or Early Friday. The board of managers of the House of Representatives today were preparing formal articles of impeachment against Circuit Judge Clarence W. Dearth, based on the resolution of the House, adopted by a vote of 93 to 1 late Wednesday. These articles will be presented to the president of the Senat late today or early Friday. Judge Dearth, accompanied by two Muneie lawyers, came to Indianapolis today and retained Frederick Van Nuys, former United States district attorney, to defend him.

That a fight before the Supreme Court to prevent a trial by the Senate on the charges of interference with the freedom of the press and irregularity In Jury panels seemed probable. Suspension Automatic Under the law on which the House proceeded to Impeach, Judge Dearth Is automatically suspended from office on the filing of the articles of impeachment with the Senate. The law provides that the Governor, with the consent of the Senate, must appoint a temporary Judge. When this stage of the proceed ings is reached, it is pointed out, that the Governor may appeal to At torney General Aithur L. GlUiom, for advice as the legal represents tive of the Governor, and that Gil liom already has ruled that the law of Impeachment Js unconstitutionn and would probably advise him that no vacancy existed. The failure of the Governor to appoint a Judge might serve as the j basis for determination of tho law as to the right of the House to impeach.

Gillinm Disregarded In disregarding the opinion of Gilllom, th© House acted upon the counsel of Ralph Kane and oiher attorneys of high standing, that he was mistaken and that such an In terpretation mad© an absurdity of the constitution, and left no redress for any Judicial invasion of public I rights. Th© House declared that th© pres ent charges were so grave and the legal situation so important that it intended to assert the power given by statutes passed in 1897 and never directly passed upon by the Supreme Court. Over In the Senate, tho matter was privately and widely discussed by ! members. The prevailing opinion seemed to be that the attitude of tho House should be upheld unless overwhelming argument was made to j show that the power of impeachment does not exist and that the only way any Judge may be removed Is after a conviction In some criminal court for “corruption or high crime.” Committee Gels Opinions The special committee of the board of managers, composed of ropresentn-! tlves J. Glenn Harris and Delph Me- j Kesson were fortifying themselves with legal opinions to uphold the position taken by the House. Dearth and Attorneys Van L. Ogle and Wilbur Ryman of Muneie drove j here and conferred with Van Nuys this morning. In another auto Will F. White, 1 Thomas Bracken ana Harry Orr came here to aid In the legal defence, according to a dispatch from j Muneie. The Republican organization In Delaware County, anticipating the appointment of a temporary Judge, will suggest that Harry Redkey, present city Judge at Mupcle, be named for any temporary appointment. Dearth Is Silent Dearth refused to mako any statement. The attorneys have reached no decision on what steps to take in Dearth's behalf, Van Nuys said. “Our firm Is concerned only with the law in the matter," he said. “We (Turn to Cage 2) M'ERLANE JURY - OUT Cannot Reach Verdict—Told to Try Again by Judge. Bu United Press VALPARAISO, Ind., March 3. After being out more than sixteen hours, the Jury deliberating the case of Frank McErlane sent out word they could not reach a verdict. The trial Judge ordered the Jury to continue Its deliberations in tho hope of arriving at a verdict. McErlane was tried for the murder of Thad Fancher, Crown Point attorney, in a roadhouse hold-up. JURY REMAINS OUT Bu United Press NEW YORK, March 3.—The Jury ! in the Daugherty-Miller conspiracy trial apparently had settled down for a long siege today. In session for forty-eight hours when they adjourned for lunch shortly after t o'clock, the twelve men were on the way to equaling or excelling the record of the Jury In the first trial, which disagreed after eighty-eight hours. . j

Forecast Fair tonight with lowest temperature about 25; Friday fair with slowly rising temperature.

TWO CENTS

MARION COUNTY

How Impeachment Proceeds

The next move in the Impeachment proceedings against Judge Clarence W. Dearth will be the preparation of definite charges by the board of managers elected by the house. Tho articles must then bo delivered to the President of the Senate. The Senate will then assign a day for hearing, giving notice of tho date to the mnnngers. Tho Secretary of the Sennte will then serve a copy of the articles of Impeachment upon Judge Dearth ordering him to appear and answer. This notice must bo served at least ten days before the date of hearing. This copy must be do llvored to Judge Dearth personally. If Judge Dearth should fall to appear the Senate may proceed with the impeachment or fix another date for the hearing. When Judge Dearth appears he will have the opportunity to object to the sufficiency of the articles of inv peachment or he may merely enter a plea of not guilty. If the articles of Impeachment are held to be sufficient by a ma Jorlty vote tho Sennte may then proceed at any time It may appoint to try the Impeachment. A twothirds vote of the members elected Is required to convlot. Its Judgement, If two-thirds should vote to convict, Is entered In tho form of a resolution which requires only a majority of tho members who voted for either aquittal or conviction. Tho Senate has power to either suspend or remove from office and disqualify from holding any other office under the State. As soon ns the articles of impeachment nrs filed with the Senate, Judge Dearth will he temporarily suspended from office and cannot act In this official capacity until he Is acquitted. The statutes provide that the Sennte shall continue In session after tho expiration of the session of the General Assembly If the Impeachment proceedings are pending at that time. It provides that the Senate may act In guch a case only as a court of Impeachment and may adjourn from time to time during such impeachment proceedings as It may deem expedient.

BOXING BOARD IS ’ BEFORE SENATORS Measure Matter of Special Business Today. Indiana Senators today again turned their attention to establishing a State boxing commission in Indiana. House bill 348, a measure similar to the Bradford bill, which was killed earlier in the session, was a mntter of special business thlg morning. Tho hill would legalize boxing In the State by establishment of tha commission. The bill came to the Senate late Wednesday on n divided committee report, the majority favoring passage. Senators Andrew E. Durham (Dem.) Oreencastle, and William V. Doogu (Dem ), Cunnelton, signed the minority report for indefinite postponement. Comndttee Chairman James J. Nejdl (Rep), Whiting, and other Senators talked for acceptance of the majority report. They pointed out thut bouts are now being held without regulation and that a commission would raise the standards of “the manly art” in Indiana. REAPPOINTMENT IDST Times Washington Bureau. Isi \eu> York Avenue WASHINGTON, March B—lndian i*s thirteen Representatives In Congress voted in a l>ody in the House yesterday against the bill to I reappoint the House according to the 1020 census. Under it Indiana would have lost members. The blll g lost 183 to 197.