Indianapolis Times, Volume 38, Number 297, Indianapolis, Marion County, 21 March 1927 — Page 1

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VOLUME 37—NUMBER 297

HIGH WATER MAROONS 40 FAMILIES

Dearth Impeachment Trial Underway

Judge Says He is Not Scared—Filing of Demurrer Expected to be First Move of Defense

IMPEACHMENT PROGRAM

Trial of Circuit Judge Clarence W. Dearth of Muneie upon charges of suppressing the press and permitting jury irregularities opens at 2 p. m. before Indiana State Senate at Statehouse. I Administration of oath to all Senators, who act as jury, secretary, doorkeeper and official stenographers. Probable revision of rules governing impeachments to limit number of witnesses on each point. Possible selection of several Senate lawyers to advise presiding officer. Probable demurrer to impeachment charges by defense lawyers. Senate as whole may vote upon this demurrer. Opening statement by one of House managers, acting as prosecutors. Opening statment by defnse. Examination of witnesses. - Circuit Judge Clarence W. Deartli of Muneie went on trial before the Indiana Senate this afternoon prepared to resist to the end the right of anyone to try him for his alleged official misdeeds. For the second time in Indiana’s history the Legislature body was prepared to determine whether a judge should be ousted.

Dearth, through his attorneys, Frederick Van Nuys, Moses B. Lairy, Van Ogle and "Wilbur Ryman, was prepared to file'a demurrer to the impeachment charges of the House of Representatives, charging him with suppression of the press and with being responsible for jury irregulations in his court. This dejnurrer was to allege that the impeachment proceedings are unconstitutional. Managers Ready The House board of managers wag prepared to meet this demurrer and the Senate was expected ot decide the question raised by the demurrer this afternoon. Dearth came to Van Nuys’ office this morning to help complete preparations for the trial. Van Nuys led him out of his innerchamber to waiting newspapermen. The judge declared: “I have never been scared. I have always lived a clean life. I have nothing to fear.” The judge did not repeat the assertion lie lias made to newspapermen several times in Muneie: “See, my hand doesn’t shake. I’m not worried.” As he talked tills morning, he stood with his hands in his pockets and appeared to be speaking calmly with an effort. 275 Defense Witnesses Van Nuys announced that 275 witnesses tyive been called for Dearth, but that this number probably would not be used. This depends upon the used by the prosecution, Van Nuys said. The prosecution has announced it will call only about twenty witnesses. Vap Nuys said he would object to, a proposal, expected to made this afternoon, that witnesses be limited to three for each point of evidence. The attorney said he did not expect to win his objection, however. The program called for convening of the Senate, as an impeachment court, at p. m., in the Senate chamber. * Swearing of the Senators and Senate attaches was next. To Present Charges Following reading of the charges, it was in order for Van Nuys to present the Dearth demurrer. If this demurrer was it was expected that the next step would be the opening statement for the House board of managers by Representative Lawrence E. Carlson, Huntington, who gathered evidence (Turn to Page 11) DENIES U. S. AIDED DIAZ Lawrence Dennis, Former Envoy to Nicaragua, Speaks. Bu United Press WASHINGTON, March 21.—Lawrence Dennis, former American charge d’affaires to Nicaragua, today denied published reports that he received instructions from the State Department last fall to work for the election of President Diaz. Dennis saw Secretary Kellogg and other department officials today. He declined to comment on the report that in offering his resignation he charged wealth and social position influenced promotions 1 ' and appointments in the foreign service! He denied he left his boat at Havana en route to New York and proceeded to Washington by rail under State Department orders, to escape press questions before conferring with officials. MISSISSIPPI RISING flu United Press ST. PAUL, Minn., March 21.—The Mississippi R&rer was reported out of Its banks near Red Wing today and a rampage of the waters was expected In that section.

The Indianapolis Times

Entered as Second-Class Matter at Postofflee, Indianapolis

The Cast

Principals in the Dearth impeachment case which begins before the Indiana Senate at the Statehouse at 2 p. m. today: Defendant—Circuit Judge Clarence W. Dearth of Muneie. Prosecutors—House Board of Managers including: Representatives J. Glenn "Harris, Lawrence E. Carlson, (Republicans) and Ralph L. McKesson, Milton J. Salwasser and David H. Byers (Democrats. Defense Attorneys Frederick Van Nuys, Moses B. Lairy, Wilbur Ryman and Van Ogle. Presiding Officers Lieutenant Governor F. Harold Van Orman. The Jury—lndiana State Sentors. Secretary—Miss Fern Ale. Chief Doorkeeper—Jerome K. Brown.

POLICEMAN SUSPENDED ON ‘SCALPING CHARGE’ Patrolman John T. Welch Relieved of Badge When - School Principal and Fan Describe Transaction.

Patrolman Johp T. Welch was suspended by order of Police Chief Claude F. Johnson, after charges of ‘‘ticket scalping” in connection with the State high school baskettournament were brought Reed Investigation , Faces Court Fight flu United Press WASHINGTON, March 21.—Legal action to halt the Reed election investigating committee from proceeding with impounding additional ballots in Pennsylvania was foreseen by politicians here today. The committee ordered Jerry South, as its special emissary, to go into Pennsylvania to impound ballots after Senate Sergeant-at-Arms Barry had declined to go Saturday as the committee ordered. Inasmuch as the committee itself claims ample authority to count ballots in the Wilson-Vare Pennsylvania contest, while others question this right, it is William S. Vare (Rep.), Senator-elect, will test the matter by court action. Barry holds the committee’s order to him was questionable, and that it at lease should have given him opportunity to consult counsel as to whether he would be justified in accepting SI,OOO expenses, privately advanced by Chairman Reed. FURNITURE JURY FAILS Bu United Press CHICAGO, March 21.— Trial of seventy-nine furniture manufacturing corporations and fifty-seven individuals, officers of the corporations, on charges that they violated the Sherman anti-trust law by fixing furniture prices was declared a mistrial here today after jurors had debated for ninety-five hours. SNOW IN NORTHWEST flu United Press ST. PAUL, Minn., March 21. The scraping of snow shovels was the spring song that greeted the Northwest today. A twenty-four-hour snowfall, following closely a succession of warm days that broke all March records, covered the ground with six inches of snow.

HOUSE HAS WITNESSES MARE Impeachment Managers Will Stick to Proof of Seven Charges. SAY DEARTH IS DOOMED Promise Speed in Trying Muneie Jurist. A Delaware county preacher received a postal card signed with the name of Circuit Judge Clarence W. Dearth of Muneie, asking him ‘to send in names of persons from his locality who would make good jurors. This is one of the interesting tid bitr'of evidence which the House board of managers prosecuting the impeachment charges against Dearth before the State Senate discovered when the search for facts was on in Muneie last week, It was learned today. The House impeachment papers charge that numerous irregularities in jury selection were perpetrated in Dearth’s court before his doings were given an airing when the first demand for his impeachment was made by The Times, four weeks’ ago. The House Managers say that they uncovered so much data that they doubt if they will have time, or occasion to use all of it in the impeachment trial, since it is their desire to stick close to proof of the formal charges with as few wit-# nesses as possible in order to shorten the proceedings. While detailed plans of the House Managers are secret here are sfeme of tiie broad points which probably wil' be developed in testimony this week: Four Muneie newsboys who were among those dragged before Dearth, threatened and despoiled of their personal property, their newspapers, (Turn to Page 5) HOURLY TEMPERATURES 6 a. m 37 10* a. m 34 7 a. m 37 11 a. m 34 8 a. m 3G 12 (noon) .... 34 9 a. m 35

against him by K. V. Ammerman, principal of the Broad Ripple High School, and Smith Maxwell, Polk Milk Company sales manager, who said they **.w a fan hand the officer a $- bill in exchange for a ticket. Charge of conduct unbecoming an officer will be filed before the board of Ihfety Tuesday and the board will hear the case a week from Tuesday, Johnson said. Denies Charge Welch, who lives at 902 N. Oxford St., denied the charges when 9fconfronted by Ammerman and Maxwell in the chief’s office, but Johnson ordered the officer to han<f in his badge pending the hearing before the board of safety. Welch has been suspended twice before; <&as acquitted once and his case taken iflider advisement the second time. He was first appointed to the force Dec. 14, 1910. On Dec. 31, 1912, he was suspended on a charge of conduct unbecoming an officer, but was reinstated Feb. 1, 1913, upon his acquittal. Second Suspension On Jan. 3, 1919, he was again suspended while an investigation was made of charges against him. The board of safety took the matter under advisement and reinstated Welch on Feb. 19. He resigned from the force March 4, 1919, but was reappointed in Dec. 12, 1992. Chief Johnson said another policeman is to be called before him in connection’ with ticket scalping activities at the tournament. MARRIED AGAIN Bu T'nitrd i>ro*x GREENWICH, Conn-., March 21. —Frank and Ida Brodsky, divorced thirty-two years ago, were remarried here with the same wedding ring used in the first marriage. Mrs. Brodsky had been tnarried and divorced again since her separation from Brodsky. SEA “MONSTER” flit United Press NEW YORK, March 21. A strange “sea monster” sighted last week of Cape Charles was neatly trussed up on the deck of the United Fruit liner Pastores when the vessel reached here. The "monster,” which badly frightened some of the passengers when seen from a distance, proved to he an observation balloon that had broken away from Langley Field, Vo.

INDIANAPOLIS. MONDAY, MARCH 21,1927

CANOE TEAM TAKES FOOD JO WATER SURROUNDED RAVENS WOOD FAMILIES

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Above—J. H. Barnett (left, in ranoe), and Arthur Stanton (right, in canoe), are shown receiving bread from W. C. Munson, Broad Ripple baker, at Seventy-First and Valley View Dr., for the relief of forty families marooned in Ravenswood. The men had to paddle a mile and a half across inundated fields to the marooned cottagers. ' Below—Crows’ Nest dance hall at the Spring Mill Rd. bridge over White River surrounded by water. A levee on the other side of the river has broken, permitting flooding of fields and endangering homes.

MANAGER GROUP PLANS 10 RALLY FORCES'FRIDA! - I Election on Business-Like Form This Spring, Hint of Leaders. A meeting of the thirty executive leaders of the movement for a city manager form of government in Indianapolis has been called for Friday noon at the Chamber of Commerce by Edward O. Snethen, attorney, committee secretary. The purpose of the meeting is to rally forces of the group advocating the business-like form for Indianapolis and decide whether an election will be asked this spring or later, according to Snethen. It was indicated that an election on the new form will be asked this spring. Petitions calling for such an election have been signed by some 22;000 persons. Election of a temporary chairman, to serve until the return from Florida of Charles F. Coffin, chairman, may be considered. The new "mayor protection” law, providing that mayors may serve out their term after the new form has been adopted, may be discussed. Auto Upsets in Ditch; Nine Saved Bu United Press EVANSVILLE, Ind., March 21. Rescued from drowning when pinned unconscious under his overturned automobile Sunday afternoon, William Sullivan, 45, Evansville truck driver, was in serious condition today at a local hospital with a Crushed cheek. Traveling at high speed and attempting to pass another car at a curve in the road, Sullivan’s machine struck soft dirt, swerved and plunged into a ditch containing-übout a foot of water. Eight children, passengers in the car, were pulled from under the machine. All suffered minor injuries. Rescuers, lifting the automobile, released Sullivan. Artificial resporation administered immediately is thought to have saved hie life.

Borah, Linked With Presidency, Cheered Bit United Press NEW HAVEN, Conn., March 21. Senator William E. Borah, qhairrrian of the Foreign Relations Committee of the Senate, was wildly cheered by 5,000 persons here yesterday when introduced as worthy of election to the presidency. Professor Jerome Davis of Yale said of the Senator that he “is deserving of the highest honor the people of the United States can give him.” Applause lasted for two minutes. Necessity for arbitration in disputes with foreign nations was the theme of Borah's address. He drew enthusiasm with the statement that there would have been no World War had it not been for diplomats with secret treaties. THREE KILLED IN TRAFFICMISHAPS Two Toll of Autos; Negro Dies Under Street Car. Three traffic accident deaths occurred here over the week-end. Raymond Noe, 22, of Bloomington, Ind., died at the Methodist Hospital Saturday night of injuries received when his automobile was struck by a machine driven by Harry Seitz, 32, of 1412 Prospect St., at the intersection of Union and Morris Sts. Friday night. Seitz is held on a charge of involuntary manslaughter. ' William Jenkins, 21, of East Chattanooga, Tenn., died at the Robert Long Hospital Saturday night, of a fractured skull shortly after he was struck by an automobile while walking on the National Road west of Morris St. Wade Johnson, 22, also of East Chattanooga, who was hiking with him sustained a broken nose and fractured jaw. Ora Hughbanks, 39, of Bridgeport, Ind., driver of the car was charged with involuntary manslaughter. Dies Beneath Car An unidentified Negro was killed Instantly Sunday night when crushed beneath tH* trucks of an Indiana Ave. street car at Twelfth and West Sts. Charles Patton, 36, the motorman, to>d Lieut. Fred Drlnkut and squad that the .man, apparently ininto the street and fell in front of car.

Outside of Marlon County 12 Cents Per Week. Single Copies

JEWISH QUESTION STARTS TILT IN FORD-SAPIRO CASE Issue Brought to Fore on Query to Editor by Plaintiff’s Counsel. Bu United Press DETROIT, March 21.—The socalled “Jewish issue,” shunned so assiduously by the defense in Aaron Sapiro’s million dollar libel suit against Henry Fordj broke suddenly upon the case today. An apparently innocent question asked William J. Cameron, editor of the Dearborn Independent, by William Henry Gallagher, attorney for Sapiro, brought two of Ford’s lawI yers to their feet protesting; the jury was excused and the session turned into a deep legal argument full of citations of decisions of other courts and fine drawn logic. Sapiro's attorney argued that he must be permitted to show not only what the Independent charged against Sapiro, but also to tell of its charges against “a band of Jews,” with which Sapiro allegedly was connected, in order to prove the extent of the alleged libel. Ford’s lawyers vehemently protested that what was said of Sapiro, and nothing else, was pertinent to the case. The court indicated it considered the argument would determine the extent to which Sapiro’s relations with Jewry and with “international Jewish bankers” would become a part of the evidence. EARL CARROLL LOSES Bathtub Party Defendant Fails In Plea to U. S. Supreme Court. Bu Vnited Press v WASHINGTON, March 21.—Earl Carroll must serve his sentence of a year and a day in Atlanta prison for perjury, the United States Supreme Court decided toda>\ The petition of the noted New York show producer for a review of the conviction resulting from a grand jury investigation of Carroll’s famous bathtub party on his theater stage was denied.

THREE CENTS

Ravenswood Cut Off by White River Flood —Food Carried to Suburb In Canoe w WARFLEIGH IS THREATENED Four Bridges Closed—Tributaries Recede, but Main Stream Rises

FLOOD IN BRIEF

White River, Fall Creek and Eagle Creek above flood stage. River rising, crekes slowing receding. Rain will make situation far more dangerous. Forty families in Ravenswood cottages marooned. Men in canoe taking supplies mile and a quarter from nearest land. Levee along river in Warfleigh broken in several spots. Four feet of water over Riverview Dr. in Warfleigh at one point. No families in danger so far. Water over north retaining wall of Fall Creek near St. Vincent hospital, first time in many years. College Ave. bridge still standing and still leaning perilously to the east. Harding St. bridge over White River closed. Water level with floor and approaches under four feet of water. Raymon St. bridge over White Aiver closed, approaches under water. The Dandy Trail and Minnesota St. bridges over Eagle Creek were blocked by high water. Forty families 1 were marooned in Ravenswood, Warfleigh was threatened with inundation, four bridges were closed and a number of homes threatened by the flood waters of White River and its tributaries today. Police, firemen and city officials battled the waters which had risen to the highest point since the 1913 flood, which did several million dollars damage in Indianapolis and vicinity. White River was still rising about one-inch an hour, but Fall Creek and Eagle Creek had started to recede this afternoon.

White River was 18.7 feet at the W. Tenth St. station at noon, weather bureau officials said. Flood stage is 18 feet. Ravenswood Hard Hit Ravenswood war seriously handicapped by the risk g water. Forty families were marooned in the suburb, unable to connect with any lines of transportation other than by canoe or rowboat. The water had backed away from the east bank of White River for almost a mile up to Valley View Dr., and farther north the water lind risen to a depth of four feet on Keystone Ave. Seventy-First St. was completely under water as far rfs Valley View Dr. Seventy-Ninth St. was reported submerged, but is was impossible to get to that point without fording water in Keystone Ave. Since 3 a. m., J. H. Barnett and Arthur Stanton of Ravenswood, have been paddling their canoe. “Lone Oak” from the center of Ravenswood along Seventy-First St., carrying persons to Valley View Dr., to give them a chance to .get to the city. No Danger Stanton and Barnett said there was no danger of any one suffering seriously from the flood. Large property damage will result, they said. Houses on the low Ravenswood ground near the river and along side roads running into the territory are water-bound Basements and first floors were reported flooded. Majority of the places are used as summer homes. Those occupied are being vacated and residents are moving into nearby two-story dwelling houses so they can move to the top floor. Stanton and Barnett called W. C. Munson, Broad Ripple baker, and asked for a delivery of bread. “We are well stocked with groceries and the phone service is holding up,” Barnett said. "But we ran out of bread this morning and had to call Munson. As long as we can maintain communication with Indianapolis, we will bq in good shape." Delivers Bread The bread delivery was made at the corner of Seventy-First St. and Valley View Dr., Munson driving his car into the water far enough for the canoe to get alongside. No one is ill in Ravenswood, the men said. , They explained that it was the highest v water in Ravenswood for j several years. Within the last three years the water has risen several times, but never came as far cast as the drive. Lagoon Park, adjoining Ravenswood on the southeast, was flooded. Water flowed into the basement of William Robbins, despite his efforts to stop the flow by- packing dirt against the foundation. Residents of both suburbs worked Sunday trying to keep water out of the houses, it was reported. Many persons owning boats and canoes wore pnable to reach them because of the water rise. Residents Riled Residents in the neighborhood of | the inundated area in Keystone Ave. were riled over the situation. They said the low spot in the road should have been paved long ago but objections from a northslde civic league, prevented it. Several cars

Forecast Mostly cloudy tonight and Tuesday; lowest tonight about 30; somewhat warmer Tuesday.

?WO CENTS

MARION COUNTY

forded the area. Other* stuck in tho hole, with water over the headlamps. Mnximt, m Tonight Belief that the swell of Wh.te River would reach it* maximum tonight was expressed by Theodore C. Mauch, Indianapolis Water Company superintendent. "While White River ia climbing to new high levels Fall Creek has dropped," Mauch said. Engineers at the W. Tenth Bt. etatlonNif the Terre Haute, Indianapolis * Eastern Traction Company gave tho height of White River ns 18.7 feet at noon, and reported the water as still rising. This is seven inches above the flood stage. North of the Central Ave., .White River bridge the permanent dirt flood wall that has withstood high waters for years, has begun to crumble. Eight breaks were found in the wall. They began from muskrat holes and are increasing in slxo as the water pours through. Traction Crosses Not more than a block east of this wall, are several permanent residences. The water had not reached the buildings before noon. Communication \vps cut off along main roads, the water having risen to almost four feet In Riverview Dr., that borders the river all along this area. Interurbgna were able to cross tho trestle at White River and College Ave., the water oly hampering automobile traffic. Water company offitclals are keeping the canal several inches under normal height to catch the overflow if tho temporary Warflelgh dike gives away, letlng the water run over the entire area. Crow's Nest, on the west side of the river at Kessler Blvd., is under water. The greater part of the territory is high and will not be seriously damaged. The old Crow’s Nest dance hal/ls under several feet of water. Torrents at Dam The Broad Ripple dam has ceased to be. The water is pouring over it In torrents. At the Illinois bridge. Fall Creek has risen over the north retaining wall east of the bridge for the first time in years. The water is rising continually over the south wall west' of the bridge and is rapidly ap. proaching the south Fall Creek drive. G. C. Ferguson. (540 K. New York St., laundry wagon driver, attempted to make a delivery at 6728 N. Meridian St., but his truck slipped from the driveway into several feet of water in the hollow. He waited for another to pull him out. Swamped With Calls Telephone Operator John JLong at police headquarters was swamped with calls from persons suffering from the high waters and those in fear of the rising tide. Captain Herbert Fletcher assigned police to patrol danger points Sunday night. Bridges Closed All roads leading to Ravenswood were impassible and Indianapolis Street Railway Company bus service was suspended. Police were stationed at College Ave., bridge when it was reported trembling. Dandy Trail bridge, and (Turn to Pago 11)