Indianapolis Times, Volume 38, Number 296, Indianapolis, Marion County, 18 March 1927 — Page 1

Home Edition Women delight in reading the Women’s Page of The Times. All important events found there.

VOLUME 37—NUMBER 296

SCHOLL’S WIFE HELD BYPOLICE Arrested on Return From ; Funeral of Murdered Children. ‘OH,’ HER ONLY COMMENT Father Not Permitted to Attend Rites. * GABY? Ind.!*March 18. —Mrs. Margaret Scholl, who Thursday told her husband, Walter August Scholl, young Indianapolis man, that he should pay with his life in the electric chair for the murder of his two children, today was arrested herself by Gary police as she returned from the funeral of slain boy and girl. She was ordered held on an open charge by Police Chief William A. Forbis for Investigation as a result of her admission Thursday at the coroner’s inquest here that ahe had talked with Scholl in Chicago last Tuesday, after he had killed the children, and that she knew he was hiding, even as police were hunting for him. A brief "Oh!” was her only comment as police told her she was under arrest. Scholl Is Barred Scholl, who was taken to the county jail at Crown Point after the inquest, was not permitted to attend the funeral of his victims this morning, despite his pleas. The rites for Donald, 6, who did not understand why Daddy wanted to kill him and Vivian, 8, who did, and told Daddy she wanted to go with him, were held at 9 a. m. at the Holy Angels Church, with interment in the Calvary cemetery. A children’s choir sang a special mass. Alone in his cell Scholl awaited for the death Mrs/ Scholl decreed for him. He asked his wife what he should do. She told him to admit his guilt, and he did. Action of the grand jury is now awaited. "Death Is Just” Scholl is 33 years old and an accountant. He believes he is insane, but says he does no t wish ti escapethe electric chair. He and ids wife agree that death will only be just. Furthermore, he will only be keeping his word with his child, Vivian, whom he promised to follow before he pdt etherized towels over her face and then choked her, he said. “I want to die because I can’t have you, Margy,” he told his wife who wept and kissed him before the cell was locked. Trial will be held at Crown Point, the county seat of Lake County. It is expected to be .short. Wife Stands By “No lawyer could do more than get you the privilege of passing your life in a penitentiary or asylum,” ill s. Scholl told her husband. “Wouldn’t you rather go to the chair? You had better go, Walter. (Turn to Page 17) BOARD SILENT ON NEW SCHOOL HEAD No Mention of Graff’s Successor Today. The appointment of anew school superintendent to succeed E.' U. Graff, ousted last week by the school board majority faction, was carefully avoided at a special board meeting today. It was rumored, however, that the selection probably will be announced at the regular meeting Tuesday night, j Bids |on a six-room addition to School 82 were opened and referred to the building and grounds committee. ■ The committee was authorized to build a covered passageway between the buildings at School 49, and to build a' stage at School 51. The matter of A. D. T. service for the new Shortridge High School was referred to the committee for consideration. An estimate placed the approximate cost at $2,000. TREATS COOLIDGE’S WRIST Bii Un.tcd Press WASHINGTON, March 18.—An X-ray of President Coolidge’s sprained wrist has revealed the presence of a fluid causing distortion of a tendon, Maj. James F. Coupal, personal physician to the President, declared today. Coupal said it would be necessary to keei> the wrist tightly bandaged several days. TRUSTEE NAMED Reappointment of Marshall Vogler, Hope, Ind., to the trusteeship of the Indiana Epileptic Village was announced Governor Jackson. NICOTINE KILLS QUICKLY Bu United Press MAPLEWOOD, N. J„ March 18. —Less than a minute after he had taken a large dose of nicotine by mistake, John Jacoby was dead, Deputy County Medical Examiner William Brien reported today after an autopsy.

The Indianapolis Times

Entered as Second-Class Matter at Postoffice, Indianapolis

FORMER PUBLISHER ILL Perry S. Heath, Formerly of Muneie, Sick at VVasliington Home. Bu United Press WASHINGTON, March 18.—Perry S. Heath, founder of the Muncie (Ind.) Daily Times, and assistant postmaster general under President McKinley, is seriously ill at his home here from a complication of diseases. In 1858 he founded the Muncie Daily Times. Later lie was president of the Cincinnati CommercialGazette and president of the Salt Lake City (Utah) Tribune, lie also established the Salt Lake City Telegram and was correspondent for fore than fifteen newspapers in the capital city at one time. WANTED BY POLICE HERE Identified as Head of Local Cooperative Business. Mrs. Helen Bartley of the Bartley Business College of 225 N. Delaware St., has identified a photograph of Walter Scholl of Gary, alleged to have slain his two small children, as that of “J. B- Lambert,” who is wanted here on a fraudulent check charge. Mrs. Bartley declared “Lambert” operated the Indianapolis Cooperative Association at 122 N. Delaware St. ( and employed stenographers from her college. She told Detective Ed TUtt that “Lambert” gave her a fraudulent check for $lO. "Lambert,” Tutt said, also made off with a number of rented typewriters. BAPTISTS ON PROGRAM Local Church Leaders Will Attend Central States Meeting More than 15,000 Baptists from the central States are expected to attend the Northern Baptist convention at Chicago, May 30 to June 5. A radio program announcing plans for the meeting will be broadcast at 8:45 p. m. over station WMAQ, Chicago. Several hundred local persons are expected to attend, according to the Rev. F. A. Hayward. Indianapolis Federated Baptist Church secretary. WARNS AGAINST FLOOD Wabash High Water Predicted at Mt. Carmel, 111., Sunday. Meteorologist J. H. Armington of the United States Weather Bureau today warned residents along the Wabash River, near Mt. Carmel, 111., against high water Sunday. Armington said the stream had risen steadily the past few days and likely would pass flood stage thig week end. High water also was recorded at New Harmony. JURY STILL READING Volumes of Political Probe Evidence Not Exhausted. The Marion County grand jury will complete reading of previously collected evidence in the probe into alleged poitica corruption, sometime next week, Deputy Prosecutor William H. Sheaffer said today. The present grand jury resumed the probe that was carried on for eleven weeks by the preceding jury which returned no indictments. YOUNG VANDALS FINED 34 Boys Assessed $lO Each for $6,000 Damage at Fuller Home. Thirty-four boys, charged with malicious trespass in connection with $6,000 worth of vandalism at the home of Mrs. Hector Fuller, 421 S. Clyde Ave., were fined $lO each today by Juvenile Judge Frank J. Lahr. Judge Lahr said the money will be turned over to the Fuller family in an effort to pay for the damage. HATS OFF TO JUDGE Circuit Court Jurist Issues Order Posted on Wall. Marlon County’s highest court issued an order today.) It was : "Gentleman will please remove their hats in the courtroom. By order of the court.” The sign was posted in Circuit Court on order of Judge Harry O. Chamberlin. BABY FATALLY SCALDED Falls In Tub While Mother Is Doing Family Washing. Bu Times Special WILKINSON, Ind., March 18.— While Mrs. Ward Hicks was doing her family washing, Edgar, 2, her son, fell in a tub of scalding water and was fatally burned. DUAL TRAGEDY OCCURS Woman, Whose Husband Was Killed, Burned to Death. Bit Times Special WASHINGTON, Ind., March 18 Mrs. Ella Agnes Tomey, whose husband was killed accidentally two years ago when caught under a failing stone, was burned to death here when she attempte dto- start a fire with kerosene. JAIL BREAK FRUSTRATED Sheriff Finds Nine Saws in (County Jail at New Albany. Bu Times Special NEW ALBANY, Ind., March 18.— Sheriff Joseph H. Kraft today had foiled a jail delivery at the county jail here. He found nine saws secreted in a corridor. An inside bar and a bar on an outside window had been sawed.

139 HALED BEFORE U. S. COURT HERE Duncan and Trio in Check Case Are Among 65 Who Plead Not Guilty. " 1 TRIAL SET FOR MAY 4 Admit Charges Before Judge Baltzell.

Russell V. Duncan, Marion Representative, and three others accused of theft of a $3,000 Government check from the internal revenue here, pleaded not guilty when arraigned before Federal Judge Robert C. Baltzell today. The four were among 139 persons arraigned before Baltzell on Federal indictments. Joining Duncan in the "not guilty” plea were Charles W. Tilton, 5724 Julian St., a former employe of Duncan’s, Howard F. Hamilton, and his wife Suzanne Baker Hamilton, both formerly employed bjr_ the revenue department in 1924, when the check is alleged to have been stolen. Trial was set for May 4. Os the 139 arraigned, seventy-four, persons pleaded guilty and sixty-five not guilty. The majority were charged with liquor law offenses. Fourteen Fugitives Fourteen persons failed to appear when their cases were called, and were listed as fugitives. Thirty-four Indianapolis persons pleaded guilty and forty-nine not guilty. Arraignment of north-State cases was held in Ft. Wayne Tuesday and South Bend Wednesday, before Federal Judge Thomas W. Slick. Cases to be heard at Hammond will be presented March 22 before Judge Slick. James Henry, 438 W. Pearl St., pleaded not guilty to sale of liquor and maintaining a nuisance. His alleged bartender, Eddie Lockwood, failed to appear in court, and word was sent he must appear or his $5 bond would be forfeited. Baltzell released Lockwood on $5 bond at the time of his arrest because he had just been released from the hospital. Henry’s trial was set for May 4. Mrs. Jessie J. Schultz and Emil Teters, Richmond, pleaded not guilty to liquor charges. Lester Thorp, Indianapolis, pleaded not guilty to charges of impersonating a Federal officer. Eugene Ingram, 19, of Danville, Ind., arraigned on a charge of motor theft, pleaded not guilty. Liquor Conspiracy Thirty-three Indianapolis persons indicted in the "Pope” liquor conspiracy, involving fifty-six defendants, also were arraigned. The Government charges the "ring” was engaged in running liquor from Chicago here. Seven pleaded guilty. The other, including the principals in the case, Urban N. Pope, August Brethauer and Rex Long, whose arrest in a raid on a house at Arlington and Eleventh Sts., led to the uncovering of the alleged conspiracy, pleaded not guilty. Trial was set for May 5. Some "Guilty” Those pleading ' guilty in the “Pope” case: Willie Kirk, Negro; George Kay, Gale Harrod, Levi Watkins, Willie Jackson, Walter T. and Charles H. Schreiber. All are local men. Judge Baltzell, when maintenance of a nuisance was charged in liquor cases, raised bonds of all defendants to $2,500 each. About twenty such bonds were raised. Three persons from the Evansville jurisdiction pleaded guilty and two not guilty to minor charges. Trial will be held there April 11. New Albany cases numbered nineteen, fourteen pleading guilty to miscellaneous charges. Trial will be held there and sentnes passed April M. April 4 was set for trial of cases at Terre Haute, seventeen persons pleading guilty and nine not guilty. The Vern McNabey liquor conspiracy liquor case, involving six defendants, who pleaded not guilty, will be heard at that time. Anstess “Not Guilty” Wallace E. Anstess, principal In the other local liquor conspiracy case besides the "Pope” case, pleaded not guilty. A seizure of $30,000 worth of bonded consigned to Anstess was made ntly by Deputy Prohibition Adm 'i . irator George L.* Winkler and Sheriff Omer Hawkins. STUDENT ENDS” HIS LIFE Family Ascribes Deed to Breakdown Caused by Overstudy. Bu United Press NEW ORLEANS, La., March 18. —The wave of student suicides extended to Tulane University today when Harold P. Bergeret, an architectural student, killed himself. Bergeret, a brother of Gene Bergeret, who gained national fame on Tulane’s football team, fired a .38 calibre bullet into his head in the Bergeret home here. Members of the young man’s family said they believed a nervous breakdown, due to overstudy, was responsible for the act. CLAIMS LIBERALS WIN Bu United Press WASHINGTON, March 18 Victories by Sacasa liberals at San, Geronimo, Acoyapa and Teustepe, Nicaragua, were claimed in a statement today by Dr. T. S. Vaca, Sacasa agent here.

INDIANAPOLIS, FRIDAY, MARCH 18, 1927

BEDFORD, MUNCIE, FT. WAYNE WIN AS STATE BASKETBALL FINALS OPEN

StSjA-JR - * Wflg *jS ’ '

Logansport enthusiasts on their decorated car. Left to right, Kvalyn. Byrne, Marie Vick, Lillian Isaacs, / Elizabeth Delpli.

Bizarre Stunts of Students Put Color in Tourney. By Eldora Field “Every seat sold. Standing room only!” An absolutely record breaking crowd, that by 9:30 had filled every one of the 13,000 seats in the big cattle barn at the fairground at the greatest sporting event of the season, the State high school basketball championship tournament, shrieked and applauded until the air was blue today. Cars were parked from the east gate, two rows thick, clear to the Monon Railroad and into the woods. The driveways of Maple Rd. Blvd. were blocked all around the fairground, and rows of cars extended clear to Fairfield Ave. Only six trafflemen were said to be on hand to handle this immense crowd. Muncie Crowd Biggest It was generally conceded that Munoie had the largest delation of enthusiasts, their number running about 2,300. Logansport sent about 1,000, it was said, and Ft. Wayne was another town with a big representation, fully 800 being present. From very early morning, basketball enthusiasts were pouring Into the grounds. They came in all forms of transportation —some even walked. Arthur Weldele, Elbert Smith Jr. and Don Sterrett started at 2:30 this morning from Connersvlh'e, and arrived before"'”the game. “We had a few lifts, but hoofed It most of the way,” they said, "In rain, too.” , Dozens of cars, which arrived from towns from different points In Indiana were highly decorated. Logansport enthusiasts whose cars attracted attention were the Misses Evalyn Byrne, Marie Vick, Lillian Isaacs and Elizabeth Delph. Dad’s Derby Ruined Connersville motorists came i# what were probably the oddest head pieces on the ground. They wore derbies painted a bright red and with the name of their team painted in white. "I ruined my father’s $5 derby,” remarked Alfred R. Smith, “but it’s in a good cause.” Ft. Wayne had champion yell leaders and John Habecke and Doc Wilkins led a persistent “Blue, White, Tigers Fight, Yea!" for their school. Muncie was also unusually effective with their “Beat ’Em, Eat ’Em, at 'Em, Bearcats!” One of the new stunts among the girl fans is the "scissors trick." Girls carrying scissors cut off the colors of their opponents rooters. Some of the girls had their pockets stuffed with these cut trophies. Radio Popular The Times radio booth received more than one hundred telegrams from every part of the State before noon today praising the program. The station broadcasting over WFBM was in charge of Blythe Q. Hendricks, who announced play-by-play reports of each game except the second half ot the MuncieSharpesville game which was announced by Ward (Piggy) Lambert, Purdue coach. Scoring statistics compiled by John Stempel, Indiana University professor, showing percentage of long and short shots, shots missed and miscellaneous information made a hit with radio fans. Everet Dean, Indiana'coach and Paul Hinkle, Butler coach were in the studio and were to broadcast after the afternoon games. ' Ten-year-old John Westfall, 3950 Guilford St., acted as messenger boy for the station, racing after telegrams and substitution changes in the lineups. TOT SLAIN BY MOTHER -“Now I Am Sure He Is in Heaven," Woman Comments. Bu United Press POTTSVILLE, Pa.. March 18.— Mrs. Mary Heine, 27, of Frackville is in the county jail here today, charged with shooting to death her 3%-year-old son, William, an only child, as he slept in his bed. "Now I am sure he is in heaven,” said Mrs. Heine after she fired four bullets at the child last night In their home. Mrs. Heine is believed to have been temporarily insane, having been melancholy for some weeks. HOURLY TEMPERATURES G a. m 55 10 a. m 53 7 a. m 55 11 a. m 54 Bta. m 54 12 (noon) .... 56 9 a. 51 1 p. m 59

BROADCASTING

The Times is broadcasting 1 every game of the State basketball tournament. Blythe Q. Hendricks is giving play by description over WFBM, local broadcasting station of the Indianapolis Power and Light Company.

COUNCIL BLAMED FOR DELAY ON BRIDGEJEPAIR 'Our Hands Tied/ Board of Works Declares —No Action Yet. With College Ave. bridge having sunk only half an inch since Sunday, board of works members today said that all repair tfbrk on the bridge is being held up by the delayed action of the city council in appropriating-money for the repairs. The bridge, which was closed to traffic when it began sinking rabidly last Friday, now has sumc three feet, T. H. David, Indianapolis Street Railway Company engineer, said after inspecting the structure. Rains during the night so far have failed to hurry the oollapse of the structure, he said. Council Blamed “The council delay is what is causing the public the inconvenience of the bridge being closed,” Oren S. Hack, Democratic board member, declared as he viewed the structure this morning. "The board of works passed a resolution last October asking for money to repair the structure, but the council took no action, and It looks as If it will be some time before it does now." Board Hands Tied "Our hands are tied Until we get the necessary funds,” Roy C. Shaneberger, board president, declared. “We want action and fast action. We are ready to make the improvements." City Engineer Chester C. declared that if the council uses the gasoline tax fund for the rephlr of the bridge, as was recommended by the "four horsemen," all street repair work will have to stop for lack of funds after the first of April. “The council can pass a bond issue for the repair of the bridge,” Hack declared, “but they cannot repair the streets with a bond Issue. But they should do something at once.” For Safeguards AV. A. Osbon, assistant building commissioner, declared before the Washington Township Republican Club Thursday night that immediate steps should be taken to stop deterioration of the Central Ave. and Thirty-Fourth St. bridges. “If six feet was added to the Northwestern Ave. . dam, it would cause still water up the bridges and stop the wash fin the piers,” h 4 asserted. “Each pier should also be riff-raffed with concrete at the base; that is, concrete reinforced with steel poured around the base of each pier. This would stop a!l present and future trouble.” HONOR COOLIDGE’S FATHER Bit United Press PLYMOUTH, Vt., March 18.—On the first anniversary today of the death of Col. John C. Coolldge, father of President Coolidge, former neighbors placed flowers on his grave in the little cemetry within sight of his old home. PLANS ICEBERG HUNT Bu United Press WASHINGTON, March 18.—Facing an unusually dangerous season, the Coast Guard is preparing for a vigilant patrol this spring of the Iceberg infested lanes of trans-Atlantic steamers in the northern Atlantic. EDUCATORS NAMED Appointment of C. R. Maxam, Summitvllle, ak teachers' license bureau head, and H. N. Wihsler, Danville, as teachers’ training department chief, was approved today by the State board of education.

w'afSwS’M THREE CENTS gsig? TWO CENTS

All of 13,000 Seats Sold for Every Game—Hot Fights. BULLETIN Sergeant Pope and a squad of police were assigned to watch gates at the Exposition Bldg, this afternoon in an attempt to check ticket scalpers who were selling tickets for this afternoon’s session for from $1 to $2.50. K. V. Aininerman of the local b.ard of managers investigated a report that a policeman had been scalping tickets for $2 apiece. Normal price is 50 cents. Thirteen thousand fans jammed into the Exposition Building, State Fairground, this morning to watch Bedford, Ft. Wayne and Muncie battle their way Into second round play of the finals in the sixteenth annual State high school basketball tournament. Every seat in the huge wooden arena was filled and 2,000 persons were turned away. Simon P..Roache, in charge of the tickets, annouftced that every ticket •for every section of the tournament bad been disposed of and that the ticket offices would definitely be be Closed. * The most exciting fray that ever has been staged as the opener to the tournament was played at 9 a. in. with Bedford nosing out a 28-25 victory over the Central of Evansville five. Centra! of Ft. Wayne followed up with a bare 22-19 win over Washington High School and Muncie was forced to fight its hardest against Sharpesvllle to keep in the running. The final morning game ended 29-22. Afternoon Program Greencastle and Kendallville opened the afternoon hostilities at 2 p. m., and Frankfort and Waldron were playing at 8 p. m. Koko* mb and Connersville were to play at 4 p. m. Tonight Emerson of Gary and Mishawaka will clash at 7:30 p. m. t and Logansport and Martinsville will play the final game of the first round at 8:30 p. m. ' Four quarter-final games will be played Saturday morning, with the two semi-final clashes In the afternoon. The finalists are to meet at 8 p. m. Saturday night. The sixteen teams which started play this morning were the survivors of a starting field of 731 teams. Play in sixty-four Aectional centers two weeks ago cut down the field to sixty-four quintets. Play in sixteen regionals last week-end further served to diminish the field and the sixteen survivors gathered here today to compete in the final meet. Seats along the side of the floor were rapidly filled and many fans unwilling to take places at the ends of the arena stood up at the railing at the top. Bedford, the Slone City representative, appeared first and went through its preliminary preparations while (Turn to Page 26) WIFE HEAR CAR EMPLOYES CASE Commission Denies Company’s Petition to Dismiss. The public service commission today decided to hear the petition of James Green, Indianapolis Street Railway Company employe, asking reinstatement, of employes who struck last July and increase of wages for, all car men. The commissioners, after a lengthy conference, overruled motion of the street car company to dfcmlss Green’s petition filed Tuesday when the petition was to have been heard. At the hearing on the motion to dismiss Frank Baker,, Green’s attorney, charged other original petitioners with Greeh had been intimidated into withdrawing. The commission decision upheld the right of Green to petition hte commission to arbitrate wage and working conditions questions under the provisions of an agreement between employes and the company.

JUDGE CHAMBERLIN SETS DEARTH MANDAMUS CASE FOR 10 A. M. SATURDAY

Impeachment Trial Expected to Be Short—Evidence Gathered. FEW WITNESSES CALLED Managers Exp§ct to Stick Close to Issues. By Times Staff Correspondent MUNCIE, Ind.. March 18.—Any fears on the part of State Senators called Monday to act as a trial court In the impeachment of Circuit Judge Clarence W. Dearth that they will be held in Indianapolis indefinitely listening to evidence, were dissipated today when it was indicated that the board of managers of the House of Representatives would require not more than two days In presenting the case against the judge. Instead of more than 200 wit* nesses, as previously predicted, it is not probable that more than twenty will be called to testify. The final plans for the prosecution are being made here today by Representative Lawrence E. Carlson of Huntington, who is being assisted in the final rounding up of evidence by Representative Delph L. McKesson of Plymouth, who arrived Thursday. Many Not to Be Used It Is indicated that there was some misapprehension over the fact that the managers secured 200 blank subpoenas for witnesses. Many of these were to be used only in the event that thjeo from whom information was sought should prove unwilling to give the information desired to those gathering evidence. Instead of presenting all the evidence which witnesses have volunteered, and much has been volunteered, the House managers have sifted thd statements to the fundamentals of the charges in the impeachment and will present only witnesses to substantiate these charges. It is probable that five or six newsboys will be summoned to testify concerning the manner In which (Turn to Page 4) PAROLES REVOKED ON THIRTY-SEVEN Governor Acts on Board’s Final Recommendations. Thirty-even paroles were revoked by Governor Jackson today upon recommendation of the Indiana Pardon Board which is holding Its final session. The recent Legislature acted upon advice of the Governor and passed a law abolishing the board, placing its advisory powers in the hands of trustees of the penal institutions. All but four of the revoked paroles were for prisoners sentenced for liquor law violations. A total of forty-two cases were disposed of hy the Governor upon advice of the board, aroles were granted James Jackson, Howard County, sentenced for assault and battery withintent to rob. Clyde Johnson, Allen county, robbery, and Ersel Moore, Marlon County, vehicle taking. Several prlsonres were transferred from Pendleton to the Michigan City prison. Commutation of sentence from ten to twenty to two to fourteen years was granted in the case of Joseph Molner, sentenced for burglary in Stark County, June 24, 1921. Marion County prisoner s whose paroleu were revoked and the offenses for which they were sentenced were: Frd Jackson, liquor; John Irwin, liquor; Nathan G. Guice, liquor; Sam Greensburg, liquor; Thomas Franklin, liquor; Harry Kister, liquor and Eugene Swope, driving while drunk. $1,385 JEWFLRY LOOT Thieves Enter Two Homes Take Watches, Bracelets and Rings. Jewelry thieves got $1,385 in loot in two burglaries Thursday night, according to reports to police. A diamond ring valued at SI,OOO was reported stolen from the home of Roy E. Hickman, 510 N. Meridian St., Apt. 10, while jewelry removed from the home of Vernon Hofferbert, 320 Parker Ave., amounted to $385. The loot from the Hofferbert home were three watches valued at $25 each; a watch valued at $65 bracelet, SSO; two lavallers. $25 and $10; three rings, $100; two rings, $23 each; pearls, $lO, and $25 cash. PLAYS WITH MATCHES Bu Times Special . _ CARLISLE, Ind., March 18.—Ermal Tlncher, 3, was in a serious condition today from burns received when his cousin, James Tlncher, set fire to a pile of papers while playing with matches. STORM AT MARION Bu Times Special MARION, Ind., March 18.—Several buildings were set on fire here early today when lightning struck high tension wires of the Indiana General Service Company. Damage was small.

Forecast

M-ostly cloudy, probably showers tonight and Saturday; colder by Saturday night.

Circuit Court Puts Hearing on Demurrer Ahead for Van Nuys. NO EFFECT ON SENATE Jurist Would Help Get Matter, to High Tribunal. Circuit Judge H. O. Chamberlin this morning, upon plea of Frederick Van Nuys, attorney for Clarqnce W. Dearth, set liraring up a demurrer to the petition to mandate a successor for Dearth for 10 a. m. Saturday. Chamberlin Indicated he might sustain the demurrer, thereby giving an opportunity to rush the matter to Supreme Court. "I'd like to know what Is the idea Os wanting this hearing advanced when the impeachment proceedings are to he under way soon,” said Chamberlin. "Not Interfere" “This will not interfere with the impeachments proceedings, and both sides are anxious to get the matter of a successor for the Judge before the Supreme Court.” said Van Nuys. “In order to facilitate the matter then, I could sustain the demurrer; it could be carried to the higher court,” remarked Judge Chamberlin. Van Nuys said Dearth had asked for fifty more subpoenas, making 300 requested by the defense for the Impeachment trial Monday. Briefs to Be Filed Van Nuys, following a long distance phone conversation with E. R. Templen, Dudleston’s attorriey, announced Templen could not be present in Circuit Court Saturday, so briefs will be filed. “I shall prepare a brief in the matter Immediately,” Van Nuys said. “Other attorneys will do likewise and they will be filed as soon as possible." The mandate suit 'was filed several days ago by Attorney E. R. Templen of Muncie, a friend of Dearth, for George Dudelston, an administrator of an estate which is involved in a suit In Dearth's court. Successor Asked The petition asked that the Governor he ordered to name a successor for Dearth under the law which provides a bench Is automatically vacated when the House of Representatives votes Impeachment charges. Should the judge sustain the demurrer Saturday morning, he would. In effect, have held that the Governor can not name a successor to Dearth merely upon the voting of impeachment charges. ,The question of whether Dearth would be ousted if the Senate sustains the Impeachment charges would not be involved in the present mandamus proceedings, it is understood and the Senate is expected to proceed with the impeachment trial no matter what the outcome of the hearing Saturday. NOOSIER PARTNER IN FINK GOLD John A. Henderson of Evansville Enriched. Bn United Press CHICAGO, March 18.—On# month ago John A. Henderson, 22, of Evansville, Ind., was trying to figure out how to finance the purchase of anew suit. Today he Is busily attempting to figure out how many suits the model young man should have. Gold explains it. Henderson is one of the co-discov-erers of the now famous Weepah, (Nev.) gold field. His partner in luck is Fred Horton who Is still at Weepah, superintending the Job of making millionaires of both himself and Henderson. "About a month ago, Horton and I stopped our Ford beside a stream in Nevada," he explained. "We were broke. I wanted a suit ot clothes and there waa very little prospect of getting one.” Henderson happened to pick up a pretty "pebble” and pocketed it. About a week later a veteran Westerner saw the pebble and became curious. • “We staked our claim right away, then chipped off some samples," he explained. "We later found we had been standing on about a quarter of a mile of gold.” There are four vital problems confronting Henderson today, he admitted. and the first is the most Important. They are: Propose to a pretty girl; buy a lot of clothes; retain a manager; start mining operations. He admitted he waa anxious to get the first part of the duties over but refused to name the glrL WIDOW GETS INSURANCE Bu Times Special WASHINGTON. Ind.. March 18.— Homer Oliphant, whose body was found In an automobile near Bloomington two years ago, waa murdered and did not commit suicide, a jury hag decided, awarding tha widow $2,500 Insurance.