Indianapolis Times, Volume 38, Number 285, Indianapolis, Marion County, 5 March 1927 — Page 1

Home Edition Read the answers to domestic and loVe questions in Martha Lee’s column in The Times.

VOLUME 37—NUMBER 285

DEARTH TRIAL PROCEDURE MAPPED

REED FREE FORM IN INDIANA Missourian’s Office Announces Senate Filibuster Without Effect. EARLY MOVE UNLIKELY New Evidence Alone Would Bring Action. By Roscoe B. Fleming Times Staff Correspondent WASHINGTON, March 5. —Failure of the resolution extending powers of the Reed investigation committee yesterday through a Senate filibuster will in no way handicap the Reed committee in dealing further with Indiana political affairs, it was said today at Senator James A. Reed’s office. It was explained, however, that the committee has no present intention of going further into the Indiana elections, unless new evidence should be presented which should be followed up. A report of the committee on Indiana, summarizing results of last fall’s investigation, will be presented to the Senate shortly after it meets next December, it was said. This report probably will deal only with explosion of Republican Chairman Walb’s charge that money was poured into Indiana by international bankers to defeat Senators Watson and Robinson and with the charges of Ku-Klux Klan affiliation so freely made and denied. Robinson Silent Closing hours of the Senate filibuster were characterized by absolute silence on the part of Senator Robinson, Indiana, who last week impeached Senator Reed’s fairness in a bitter colloquy. I The Indiana situation was freely discussed in the midnight hour of bitter debate during the all-night filibuster. one point Senator Gooding of Idaho asserted that “the candidates did not ask for an investigation in Indiana.” “The State chairman did," returned Reed. “Sometimes we have fool chairmen,” said Gooding. “It has happened. I know of one instance,” Reed agreed. Reed also forced Senator Wadsworth of New York to withdraw as* ••■rtions that he had acted unfairly in going into Indiana. Watson’s View* Senator Watson characterized the result of the Indiana Investigation, as follows: “The Senator from Missouri will recall that when I made my statement to him at the hospital, I stated that I did not belong to the Ku-Klux (Turn to Page 2)

DOWNTOWN FUSS ENDS IN SHOOTING Possibility of Dispute on Hijacking Probed. An old grudge was blamed by police for the shooting of John P. Bell, 29, of R. R. B, Box 76, early today. Bell, in a critical condition at city hospital with a bullet wound in the abdomen, told police he was shot by "Greasy Bob” Robert A. Walters, 32, of 1169 W. Thirtieth St. Police investigated the possibility of the argument being over ht-Jacking. Carl Thelen, 509 E. Twenty-Third St., night garage man, 334 N. Illinois St., told Lieut. Leonard Forsythe that Bell and Walters met near the garage and that shortly after an argument he heard gun shots. Bell was found leaning against his car in front of the Y. M. C. A. at New York and Illinois Sts. Walters is held.

The Indians Go South

Eddie Ash, Times Sports Editor, starts his seventh training season trip with the' Indianapolis American Association baseball team today. The Indians leave for Sanford, Fla., this afternoon to be gone one month. Ash will be the first Indianapolis newspaper man on the job and he will be with the team until it returns to Indianapolis. Older members of The Times family remember the kind of service Ash gave them last training season from Hot Springs, Ark.—the s first and most accurate stories on the big training season player deals, the prospects of the rookies, how the veterans were

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HEATED ROUND IN SEMI-FINALS DRAWSJHRONG Enthusiasm at High Pitch With One Local High. Team in Contest. Indianapolis basketball fans thronged the exposition building at the Indiana State Fairground this afternoon to witness one of the most heated semi-final rounds of high school net tournament. Other basketball tournament details will be found on the sport page of this Issue. With all but one of the city quintets eliminated in this morning’s play, enthusiasm rose to a high point. The winners of the two semifinal tilts will clash tonight in the final game before a crowd that is expected to reach 8,000. Valley Mills, Tech Valley Mills and Technical met at 2:30 p. m. with Warren Central and Southport tangling one hour later. The Technical team, favored to win the local meet, was forced to ex-

The Times will broadcast every game of the finals Os the State Basketball Tournament from the Fairground, March 18 and 19, over WFBM, the Indianapolis Power and Light Company Station.

tend Itself this morning in order to dispose of the fighting Oaklandon five, 36-30. A colorful crowd of high school boys and girls Intermingled with grown-ups was present when play was resumed. FIERYCROSSAT CASINOGARDENS Alleged Liquor Peddler Is Held —Bombs Exploded. Police found a fiery cross Friday night near Casino Gardens, former roadhouse northwest of the city, when they answered a call of nearby residents. The cross was burning high In a tree ,a block west of the gardens. It was said several bombs were exploded in the gardens property. A Negro club which recently purchased an option on the property was giving a dance to raise funds for the purchase. About 2,000 were In attendance. Federal Agent Sturgeon and Sergeant Chitwood found a quantity of liquor which had been thrown in the ditch. Leonard Farmer, Negro, 700 W. Muskingum St., was held by Deputy Sheriffs Reagan and Bell, who charged Farmer was stopping persons in an effort to sell them liquor. Dead Girl Believed From Richmond, Ind . Bu United Press Detroit, March s.—Police investigation into the death of pretty 22-year-old girl, believed to be Helen Emerson of Richmond, Ind., was started today. The girl, employed In a department store under the name of Helen Harrison, died in receiving hospital yesteday from what is said to have been opium poisoning. Donna Jenkins, 26, is being sought by police. She disappeared after reporting her companion’s Illness to police. A notebook found among the dead girl’s belongings identified her as Helen Emerson, 92 E. Haven Ave., Richmond.

ironing out the winter kinks, pictures galore of the team in action. Everybody is wondering how Bruno Betzel, the new Tribe manager, will get along, and wishing him well. Ash will have things pretty well sized up for you before he has been at Sanford long. Meanwhile, Norman Isaacs .(he's sticking to Logansport, but getting a little worried about ’em), and Dick Miller will give you expert Information on the high school basketball tournament and other sporting events while Eddie is down South. Watch for Ash’s training camp dope. It will start coming through early next week.

POLICEMAN INDICTED BY GRANDJURY Two State Officers Charged With Being Involved in Booze Ring. 228 NAMED IN BILLS 165 on Liquor Conspiracy Charges. Two State policemen were indicted by the Federal grand Jury today, bills involving 228 persons. Os the 228, a total of 165 were indicted on liquor charges. Thirty-seven Indianapolis persons were charged with conspiracy to violate the prohibition laws in indictments returned on one of four conspiracy cases. The two State policemen indicted were Lieut. Ralph White, Whiting, and Arthur Brookman, Hammond. Suspended by Ilumes They were suspended by State Police Chief Robert Humes, with officers Charles W. Butterfield, Valparaiso, and William Gardner, Gary, when it was reported Federal officials were Investigating an alleged liquor conspiracy centering around Gary and Hammond. Gardner and Butterfield were not Indicted. Sleepwalker Safe on Street From Autos Bu United Press BROOKLYN, March s.—With the temperature hovering around the freezing mark, Mrs. Sarah Cutler, 77, a sleepwalker, strolled about Brooklyn streets for almost an hour early today, clad in garments as meager as a flapper’s dance frock, but less cunningly designed. Mrs. Cutler wore, a gpod, old-fash-ioned night gown. Her feet were hare and she wore no hat. She wandered for six blocks along far from deserted streets, protected by some seventh sense from speeding automobiles, and almost unnoticed by pedestrians who, in Brooklyn, are used to many things. Finally someone, less blase than the rest, notified police, who awakened the woman. She was wrapped in a policeman’s overcoat and taken to a station. Heretofere she has confined her wandering to her apartment, relatives said, but last night, In her sleep, she found a hidden key, unlocked a door and wandered down two flights of steps to take her constitutional. ( Spook 9 Stories Got 34 Boys in Trouble Weird "Stories ' of a “haunted house” where ghosts and goblins ruled lured boys into the home of Mrs. Hector Fuller, 421 S. Clyde St., according to testimony given by youths before Juvenile Court Judge Frank J. Lahr Friday. Thirty-four boys, charged with malicious trespass in connection with $6,000 vandalism committed at the Fuller residence, were before the court. Only seven of them were heard and the case was until next Friday afternoon. One 13-year-old youth said he went to the house to investigate stories of the activities of ghosts there. When he and others arrived at the house, a huge sheet on an article of furniture flapped. They thought it was “ a ghost” and departed in great haste, smashing a window to make an exit. Some of the youths are charged with staging a “battle royal” in the library, using books and expensive manuscripts fcr missiles.

VETO SIMS BILL, CITIZENSREQUEST Many Telegrams Are Sent to Governor. Governor Ed Jackson was bom-, barded with telegrams today from leading citizens asking that he veto the Sims "mayor saving” bill. , The bill would permit mayors to complete their terms, even though citizens voted in the city manager form of government. The citizens committee of 1,000, which unsuccessfully fought the politicians in both the House and Senate sent hundreds of telegrams to citizens urging them to express their views to Governor Jackson. The political organizations of Mayor Herbert Males of Evansville and Mayor John L. Duvall of Indianapolis, threatened by city manager movements, backed the Sims bill. HOURLY TEMPERATURES 6 a. m 32 10 a. m b 0 7 a. m /. 33 11 a. m 42 8 a. m 35 12 (noon) .... 43 0 a. vol 38 1 p. 40 ■ A

INDIANAPOLIS, SATURDAY, MARCH 5, 1927

VAN ORMAN RECEIVING IMPEACHMENT CHARGES |

| * ; S ' . i ' r if i ' ' ■ *•/? i'' - 1 ' s ’v

Lieutenant Governor H. Harold Van Orman receiving tlie rliarges against Judge Clarence W. Dearth of Muncie in the Senate Friday, Representative Delph L. McKesson (foreground), member of the House board of managers, had just handed the papers to Van Orman. Tills is the first time in Indiana history that the Senate has been asked to try impeachment charges against a judge.

MOTHER CLINGS TO BABY SUFFERING FROM POISON Girl, 19, Refuses to Part With Infant at Chicago Hospital Where Six Die.

Bu United Press CHICAGO, March 5 —Medical science and mother love were joining forces to save the life of Marjorie Elizabeth Gibbons, age 9 days, suffering from the Fime poison that lulled six babies in* a hospital here. Marjorie lies nestled in the arms of her 19-year-old mother who refuses bitterly to allow physicians to take her from her. And so treatments are administered to the infant in the mother's bed. The child may live.

9 HELD IN NIGHT RAIDS OF AGENTS U. S. Dry Officers Arrest Alleged 'Rum Runers/ Raids on alleged "runners” and wholesale booze dealers from midnight until 3 a. m. today under direction of George L. Winkler, deputy prohibition administrator, resulted in the-arrest of nine men. Winkler declared Federal dry agents had obtained evidence of lio.uor sales against all those arrested. Those arrested: Charles Wilhoit, 42, of 2343 S. Meridian fit.; Norval Laraway, 42, of 40 N. Hamilton Ave.; John Everhart, ?8, of 563 Vinton St.; Leo Davey, 36, of 551 W. Wilkins St.; Joe Scampmorte, 30, of 3415 Elmira St.; S. R. Stafford, 39, of 1114 Atwood St.; Frank Rosner, 38, of 760 Virginia Ave-.; William Cook, 50. of 648 Virginia Ave., and Lucius Wilson, 40, Negro, 730 Tabot Ave. Fifteen ware arrested in Federal raids last week. PENNSY CLUB TO MEET Master Mechanic to Address Railroad Employes. O. C. Wright, recently appointed m&ster mechanic of the Washington St. Pennsylvania Railroad shops, will address the Pennsylvania Railroad Club at its meeting at the Severir. Monday evening. The subject of the address will be “The Automatic Train Control and Its Mechanical Features.” W. R. Davis, formerly master mechanic for the company at Indianapolis, now master mechanic at the shops at Meadows, N. J., will also speak. The club is composed of supervisors of the railroad in Indianapolis and consists of 175 members.

Assembly Today

House convened at 9 a. m., Senate at 10 a. m. HOUSE On third reading. Nejdl utility bill for Court of Appeals. Holmes sterilization measure. Budget bill back for concurrence on Senate amendments. SENATE Pardon board abolition bill on third reading. Boxing bill on second reading. Consideration of Dearth impeachment at 2 p. m.

Death of the infants in CoJumbus Memorial Hospital gs a result of ac cidental substitution of boric acid for drinking water today precipitated a clash between the cororner’s office and Chicago’s health commissioner. Coroner Oscar Wolff opened hostilities by asserting that Heulth Commissioner Herman N. Bundesen was “meddling” when he took a hand in the investigation. Dr. Bundesen replied by charging the coroner's office was incompetent and that he had felt it his duty to participate in fixing of responsibility. He said that a coroner’s physician had reported the first four Infant deaths due to “intestinal influenza.” It was then, Bundesen said, that he entered the case and determined actual cause of the deaths. The coroner’s inquest, after obtaining the admission of three nurses, that they were responsible for the accidental substitution of poison for water, adjourned until Wednesday. EXCISE TAX PLAN DIES Effort to Amend Educational Measure Fails—Bill Passes. Efforts of Senator Alonzo H. Lindley (Rep.), Kingman, to saddle an excise tux on the bill to raise building funds for the State institutions of higher learning, failed in the Indiana Senate, Friday. The bill, which provides for raising revenues by an additional 2-cent tax levy to be put into effect in 1928, was passed to third reading with only a Senate amendment to put the funds under tax board supervision added. The special levy, which is to be carried over & ten-year period, ia to be used for new buildings at Purdue and Indiana Universities and the two State normal schools. CHICKEN THIEF ELUWE Police Play Hide and Seek With Unknown Person. After firing three shots at a fleeing chicken thief, late Friday Patrolman Martin Fahey summoned an emergency squad, believing he had cornered him. Today police showed no record of capture. Fahey had the Negro under arrest, but he broke loose, he said. Thinking he was on the trail, Lieut. Fred Drlnkut and squad rushed up to a large box and, lifting the lid, Drunkut leveled his revolver and commanded, “Come on out of there; we’ve got you this time,” but no one came out. Instead, a few faint "peep peeps” came from several new chicks huddling together.

Pearls—Genuine Pearls - Are the Prized Possession of Many Women. SOON EVERY WOMAN AND EVERY LITTLE GIRL CAN WEAR GENUINE ORIENTAL PEARLS. If You Don’t Believe K WATCH THE INDIANAPOLIS TIMES.

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HE AWAITS DEARTH ACTION ON SENATE MOVE Judge Shows Irritation in Flare-Up in Court — Raps Davis. Bu Times Svecial MUNCTE, Ind., March s.—Muncie was watching the courthouse u iously today to see If Circuit Judge Clarence W. Dearth will continue to defy the Indiana Legislature by remaining on the bench. \\Tiether Judge Dearth is awaiting formal notice by the clerk of the State Senate that impeachment articles have been filed against him, or whether he will continue to hold court on the theory that his impeachment is unconstitutional .s not known. The, Judge refused to be interviewed. * Hjs attorneys also were silent. Muncie attorneys are alarmed, fearing a cloud will be on all future court procedures. On Bench Judge Dearth was on the bench this morning overruling motions for new trials for Betty Scott, Negro, convicted of liquor law violations and Frank Ruede, convicted of maintaining a nuisance. He again told newspaper men: "I have nothing to say.” However, he remarked privately to friends that “he was not worried.” Meanwhile plans for welcome for George Dple, editor of the PostDemocrat, were called off when word was receded that he would not come home from Ohio until Judge Dearth was removed from the bench. Dale was arrested this week on a criminal libel charge in Ohio, preferred by Judge Dearth. Flare-Up in Court Judge Dearth showed his Irritation Friday afternoon in a flare-up in Circuit Court in which he rebuked Prosacutor Joe Davis and Deputy Prosecutor Francis Shaw. The flare-up occured when a motion was filed, for anew trial for Ralph Jackson, Muncie druggist, convicted of liquor law violations, Dec. 30, 1926, a day before Prosecutor Davis took office. Van L. Ogle, at that time prosecuqr, and now attorney for the judgfe, attended the hearing and said that alleged liquor law violations by Jackson had been known by the prosecutor’s office before charges had been instituted against him. Attorney Answers Fred McQuillan, chief counsel for Jackson, countered with the statement: “If that Is true the prosecuting attorney should have instituted proceedings before.” Judge Dearth remarked that Prosecutor Ogle wasn't the only prosecutor who knew of law violations and didn’t prosecute. Referring directly to Prosecutor Pavla ho said, “He has knowlege that houses of 111 repute exist, but he does not prosecute.” Judge Dearth also Intimated that since Shaw, who was an attorney for Jackson at his first trial, and was a prosecutor now, “the State might be interested in a dismissal of the case." “Davis might file a motion to dismiss the case. Perhaps I’d bettter name a special prosecutor,” Dearth said. Davis Counters Davis when he heard the intimation came into court and filed a motion for a special prosecutor. Judge Dearth refused to accept the motion in that form. Laier in the afternoon he accepted anew one and was expected to rule on ft today. Prosecutor Davis today, however, minimized the “flare-up.” “It was nothing out of the ordinary," he said.

QUIZ MELLETT ACCUSED Prosecuting Officials in Conference With I/nils Mazer Bv Timet Special CANTON, Ohio, March B.—Louis Mazer, third underworld character Indicted for killing Don Mellett, editor, was closeted several hours today with prosecuting officials. Mazer was taken from his cell to the conference after reports had been widely circulated that he had sent word to Prosecuting Attorney Henry Harter, Jr., that he would reveal all he knows of details of the plot against the editor In exchange for clemency. The newest move In the case of Mazer,, who is scheduled to go on trial March 16, for first degree murder, followed withdrawal of E. L. Mills and George Spooner, attorneys. Prosecutor Harter announced at the conclusion of the conference that he would call the grand Jury In session Tuesday and that additional indictments may result. SHIP ABLAZE AT SEA Another Vessel Standing by Burning Craft Off Los Angeles. Bv United Prett SAN FRANCISCO. March s.—The steamer Hollywood of the McCormick line is afire 600 miles south of Los Angeles, according to wireless advice to the marine exchange hero today. The blaze is raging in the No. 3 hold and shelter deck of the vessel, but is expected to be confined to those quarters. The steamer Utacarbon Is standing by to give aid if needed. The Hollywood is bound from Balboa to coast ports.

THREE CENTS

Senate Expected to Start Hearing on Impeachment Before March 20 — Committee Maps Procedure. JUDGE STILL OCCUPIES BENCH Governor Undecided Whether He Will Name a Successor. Five State Senators this afternoon were preparing the procedure under which Circuit Judge Clarence W. Dearth of Muncie will be tried upon the articles of impeachment filed by the House of Representatives. The Senators are Denver C. Harlan, Richmond, chairman; •William F. Hodges, Gary, and William P. Evans, Indianapolis, Republicans; Curtis Shake, Vincennes, and Carl M. Gray, Petersburg, Democrats.

Brief Recess Planned The committee, it is understood, will recommend that the Senate recess to some date prior to March 20 to resume as a trial court. . The commitee was to make its report to the Senate when it reconvened this afternoon. How far the Senate can proceed with the program It adopts will depend upon any court action which attorneys for Judge Dearth may take in the meantime. It was passible that the friends of Dearth might make a final desperate effort to stave off the trial at that hour, although there was every indication that a majority of the Senate favors going ahead with the trial. When Lieutenant Governor F. Harold Van Orman put the matter up to the Senate late Friday only one Senator, James J. Nejdl, road contractor of Whiting, spoke in favor of Dearth. A strong group of Senators declared the Senate must go through with the trial, in order to preserve the sanctity of the State's constitution, which Dearth is accused of violating through alleged suppression of the press and alleged tampering with the Jury system. Relieve Jurisdiction Is Held The general view of the five lawyers on the committee was that the Senate had accepted jurisdiction over Dearth by the very naming of the committee and that all that remains now is to set a date for trial and arrange other details. Under the law of 1897, which has been invoked against Dearth in the proceedings, Dearth must be given ten days’ notice before the trial can be held Meanwhile whether or not Dearth will continue to sit as judge was a controverted question. The 1897 statute plainly states that a judge impeached by the House - automatically is suspended from office when impeached articles are filed to be returned only in the event of acquittal by the Senate. This law also provides that the Governor, with the consent of the Senate, shall name a special judge to serve while the regular judge is under impeachment. Dearth has .refused to leave the bench. Jackson Undecided

Whether or not Governor Jackson will name a Judge pending the trial of impeachment was in doubt Saturday noon. "I have only just now received the Attorney General's opinion,” said the Governor. “I want to go over carefully his citations before taking action.” ■This inference that he might disregard the opinion of GilUom and proceed to name a judge came after attorneys interested in the establishing the situation definitely had suggested that the speediest way to test the power of the Legislature would be to name another Judge and thus create a direct Issue which could be passed upon speedily by the Supreme Court. In the meantime attorneys in the Senate were incensed at the suggestion of Oilliom that they are without "competent minds” because they disagree with him as to the law and threatened fireworks. Attorneys Worried Attorneys with litigation pending In Dearth’s court are somewhat at a loss as to how to proceed, according to’ Muncle dispatches. They fear that if they try cases before Dearth they may be subject to question later. On the other hand they have" the same feeling about the prospect of a special Judge. Some action to clarify the court situation, by which a judge whose Jurisdiction could not be questioned would be placed upon the bench, is expected. The strong sentiment against Dearth evidenced in the Senate Friday afternoon apparently was as much of a surprise to Dearth’s friends as was the House vote to impeach by a 93 to 1 vote. Lieutenant Governor Van Orman in the morning, after receiving the articles of Impeachment from the House board of managers, announced he would take the matter under advisement. The friends of Dearth got busy at once. Lawrence V. Cartwright, who is in the crushed stone business, and also Republican chairman of the district In which Muncle is located, and Republican State vice chairman, was busy among the Senators In Dearth’s behalf through the morning and early part of the afternoon. Nejdl Not a Lawyer Nejdl, who Is not a lawyer, arose In the Senate when Van Orman put the Impeachment before the body In the afternoon, and presented a lot of legal opinions, along the line

Forecast Rain probably tonight and Sunday; warmer tonight; colder Sunday.

* TWO CENTS

MARION COUNTY

as the friends of Dearth have dug up In previous moves. Apparently it was the Dearth plan to quash the matter right there, but so many Senators of both parties sprang to the floor to demand that the Senate proceed that the Dearth forces were snowed under and the committee appointed. Liquor Hobgoblin Is Slapped by Hous3 Members of the Indiana House of Representatives late Friday saw the liquor bogey-man raiso its neaa ever so slightly out of the grave and promptly slapped it down again. The action came when Senator Russell B. Harrison's bill modifying the power of the attorney general to appoint deputies to aid in liquor prosecutions and to pay them fees, carre up for second reading in the House. Representative Frank Wright, author of Indiana’s 4 ‘bone-dry” law offered two amendments which Representative William Henry Harrison, son of Senator Harrison, sought to table. Wright demanded a roll call on the motion to table and the drys won, 60 to 24, Tiring of the discussion which followed the House adopted Representative Lloyd D. Claycombe’s motion to indefinitely postpone the bilk

DETENTION HOME SCREENS BOUGHT Commissoners Move to Take Over New Site. Majority faction County Commissioners, Cassius L. Hogle and Charles O. Sutton, today made thoir first move toward preparing the new Detention Home, 225 E. Michigan St„ for occupancy Thursday, when they awarded a contract for fifty, four heavy mesh screens and four doors to the Diamond Iron and Wire Works, for $424.20. The grand jury recommended that the present site, 1102 N. Capitol Ave., be retained and declared the E. Michigan street building not suitable. While this was done, Prosecutor William H. Remy still awaited a definite move toward transfer of the home. Citation of the majority faction commissioners for indirect contempt of court if they do not obey the Jury'B recommendations will be taken up Monday, he said. Minority faction member George Snider was not consulted on the screen bids. Lease for the now location was taken Dec. 29, by Hogle and Sutton from James F. Edwards, county councilman and real estate dealer. 40 FLEE BURNING SHIP NEW YORK, March B.—Forty seamen, forced to take to lifeboats when the Spanish Ybana Line freighter Cabo Hatteras burned 130 miles out of New York, were safe today aboard the Cabo Torrea, of the same line, which was standing by in hopes of salvaging the hulk of the Hatteras after the fire burned out. Eleven ships heard the Cabo Hatteras’ SOS late yesterday and started to aid the vessel. The Cabo Torres arrived first, followed soon after by the Japanese steamer Washington Maru. The others were notified of the rescue and returned to their courses. For a time It was feared the crew of the Hatteras had been lost. Its wireless failed at 5:15 p. m. and no further word was received until 7:80 when news came that the crew. In three lifeboats, had been taken aboard the Torres.

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