Indianapolis Times, Volume 38, Number 297, Indianapolis, Marion County, 21 March 1927 — Page 2

PAGE 2

SEIZURE OF NEWSIES MAKES STATE HISTORY

11. S. FORCES ACT ON FAIL OF SHANGHAI I Marines Land in Chinese City to Aid Other Foreign Units. Bu United Press SHANGHAI, March 21.—Shanghai, the native portion of which was captured today by Cantonese troops, was the scene of wide-spread rioting this afterhoon, with incendiary mobs of sti'ikers joining Nationalist soldiers in victorious glee. Fire, turmoil and death followed the Canton troopers into the native city, while foreign soldiers and sailors, including United States marines, guarded a tense foreign settlement from invasion. Cantonese slodiers killed one British Punjab soldier and wounded another on the North Szchuen road, outside the foreign settlement but on settlement property. Burn Police Station Native police fired on mobs which burned one police station, captured five others and were repulsed when they attacked two more. A general strike was declared an hour after the southerners took over the city, and a state of emergency was proclaimed soon afterwards. United States heretofore kept aboard warships except for brief marches through Shanghai, were landed in force early in the aftrenoon and joined British, French, Japanese, Spanish and Italian troops in guarding the settlement, Which was protected by barbed wire entanglements, pointed stockades and handbag breastworks. Volunteers were called out to help defend the settlement. The capture of Shanghai came suddenly at 11 a. m. Even after the northern defense crumbled at Sur.gkiang Saturday, it was not beileved the southerners could capture this rich seaport within three days. But the heart was out of the Chang Chung-Chang troops defending the city, and with only desultory resistance they dropped back mile by mile nil day Sunday before the advancing Nationalists. Through the warm, moonlit night the sound of rifle tire kept the foreign settlement awake and tense. Even this morning, with the guns ounding closer and closer, it was ot believed the city would fall before tomorrow. United States Marines, in full kits, '•arrying arms and wearing metal helmets, paraded the settlement hortly after 10 o’clock to give confidence to the Joreign residents. Then the Marines returned to their hips. Rifle fire grew louder; it also grew more desultory. Tired northern soldiers began to> stream into the city, elling their arms for a few cents o buy food. Cantonese agents, it vas noted, were buying most of the rms. At 11 o'clock the last resistance aded, the sound of guns stopped, nd with dramatic suddenness the rray-clad Cantonese marched into he'cjty and took possession.

SEPARATION SUIT ENDS D'scontinuance of Von Sahn Litigation Asked. H ' United Prres NEW YORK. March 21.—A stipulation and order to discontinue the ;eparation suit brought last year by Count Ludwig Salm was handed to the Supreme Court today by counsel for the county, asking that the case be dropped without cost to either party. This action was predated last week. ‘Discontinuance of the suit was understood to be based on a cash settlement of $300,000 by the father of the countess, the former Millicent Rogers, Standard Oil hejpess. Terms were.not revealed, but it was undertood that Countess Salm retained •ustody of her son, Peter. Roth Count and Countess Salm ire 'now in Europe. BELIEVE CONVICT HELD HARRISBURG, Pa., March 21. Pennsylvania railroad police today expressed belief that a man arrested at Lucknow is the Mexican wanted n connection with a 'jailbreak at diet. 111. last week. Captain Search ; the railroad police announced he ad wired a description of the man > Joliet authorities. The Mexican told police he is Marin Montinegro, 29, of Mexico City. Te admitted coming from Chicago, vliere he claimed he had been employed as a laborer. He denied all knowledge of the Joliet jail break. GIRL WIFE IS MISSING Raymond Lane, 614 N. Davidson 3t., today solicited the aid of police ■n a search for his wife, who has been missing since Thursday. He ■aid she was not at home when he arrived from work and he has not heard of her since. She is wearing a leopard skin coat, blue hat, and is 17 years old. Mrs. Thomas Glaze, Dayton, Ohio, wrote police here asking that they watch for her husband, 43 years old. He was at 411 Fulton St., here until March 16, but has not been heard from since that date. He was driving a Ford coupe, license 478-826. ZONING ATTACK FAILS Rit United Press |S WASHINGTON, March 21.—Attempts of Charles B. Beery, Minneapolis, Minn., to have the zoning ordinance of that city ad the zoning enabling act of Minnesota held unconstitutional, failed in United States Supreme Court today. '

Old, Old Story in Old' Setting Bu United Press MERIDA, Mexico, March 21. —ln the crumbled ruins of an ancient civilization at Chicken Itza, the engagement of Prof. Sylvanus G. Morley, University of California, archaeolblist, and Miss Frances Rhodes of Rock Island, 111., was announced. The wedding is scheduled for next December. Morley is directing excavations by the Carnegie institute at Chicken Itza. Miss Rhodes is a guest at the archaeologist's headquarters.

WIDOW OF EDITOR' ACCUSES FRIEND IN MURDER CASE Salesman Named by Mrs. Albert Snyder Arrested for New York Officers. Bu United Press NEW YORK, March 21.—Mrs. Ruth Snyder, known as “Tommy” among her gay friends, crumpled under an attack of continuous questioning today and in a semi-liysteri-cal condition described how her husband, Albert Snyder, art editor of Motor Boating, had been murdered in his bed. Her version of the crime was made public in part after Henry Judd Gray, corset salesman in the employ of. a Newark (N. J.) concern, had been arrested in Syracuse, N. Y. Mrs. Snyder named Gray, with whom she had been frienly, as the slayer. Ruse Charged Detectives charged a lovers’ plot, on the basis of her statement. They said the pretty, blonde Mrs. Snyder had agreed after the murder to let herself be bound and gagged and to have the house mussed up to suggest a burglary. Mystery remains in the case. A dispatch from Syracuse said Gray had registered at the Onondaga Hotel in Syracuse and Friday and had kept to his room. Snyder was killed early Sunday morning as he slept. But police in the up-State city said they had found torn clothing, as described by Mrs. Snyder, in the hotel room. Gray was .arrested for New York detectives. Mrs. Charles Gray of East Orange, N. ,J., where Gray lives with his wife and daughter, said she had positive information her son had been in Syracuse for the past three days. May Arrest Woman Meanwhile Mrs. Snyder's imminent arrest was promised by District Attorney Newcombe of Queens. “The slaying of Albert Snyder,” Newcombe said “was a cok' blooded, premeditated murder and we have entirely discarded the theory of robbery.” Here is the scene in the Snyder home at Queens Village as reconstructed by detectives: Mrs. Snyder, 32, mother of a 9-year-old daughter, Lorraine, was the wife of a man twelve years her senior ar.d more “settled” than She would have liked.

Seven Formal Charges

Seven specific charges are lodged against Judge Clarence W. Dearth, Circuit Court judge of Muncie, as the Indiana Senate today begins the impeachment trial. Each of the seven charges contained in the articles of impeachment submitted by the board of impeachment managers of the House of Representatives will be heard and voted upon separately by the Senate. If Judge Dearth is found guilty of any one of tne seven charges, regardless of possible acquittal on the others, the impeachment voted by the House of Representatives will be sustained. In brief, the charges are: 1. That Dearth took newspapers away from thirty-eight Muncie newsboys and threatened them with court action because he did not like an article in the paper the boys worsening. 2. That Dearth is guilty of coi ruption in that he appointed Jake Cavanaugh jury commissioner when Cavanaugh was not a freeholder and later attempted to “cover up” by himself deeding a plot 20x20 feet, worth about $25, and that Cavanaugh has continued to serve without being reappointed. 3. That Dearth has aided in and sanctioned irregular drawing of juries, resulting in miscarriages of justice, in that he prepared lists of prospective jurors from a telephone directory; sanctioned calling of persons who had served on juries within the year and had sanctioned the illegal placing of at least twenty-five persons on jury panels since Jan. 1, 1927. 4. That Dearth manipulated and controlled the drawing of grand and petit juries so he might personally control their decisions. 5. That Dearth disregarded and dismissed impeachment proceedings agai-st a sheriff without a hearing 6. That Dearth confiscated the property of Johnny Haines, a newsboy, without a hearing and for the purpose of, suppressing a newspaper. 7. That Dearth so manipulated juries that many citizens could not obtain fair and impartial trials. Rheumatism Recipe While serving with the American Army in France I was given a prescription for Rheumatism and Neuritis that has produced most gratifying results in thousands of cases. The prescription cost me nothing, so I ask nothing for it, but will send it free to any one who writes me. ExSergeant Eaul Case, Room 256, Grace Bldg., Brockton, Mass. —Advertisement i . - ..

POCKET VETO OF 32 BILLS WILL GET COIT TEST Group Will Go to Courts With Contention Measures Are Laws. Test of the “pocket veto,” which caused the death of thirty-two bills passed by the recent Indiana Legislature. will be made in the courts, according to announcement of Attorney Merlo N. A. Walker, Indianapolis. Walker declares that a group of | citizens interested in bills that were ! never signed feel that their defeat by failure of Governor Jackson to sign them is unconstitutional, and that the measures therefore became laws. Action to test the matter will be instituted in one of the Marion County courts, he declared. Want Bill Printed Secretary of State Frederick E. Schortemeier will be asked to have one of the bills printed as a law to facilitate, the court test. Walker said. Should he refuse to do this upon advice of Attorney General' Arthur L. Gilliom, a mandamus suit Will be instituted in an attempt to force the printing of at least one of the bills. Pocket veto has been a custom of long standing in the State. It has been considered that any bill that fails to reach the Governor’s desk three days before the session closes may be defeated without a veto message by tabling and remainnig unsigned.

City Measure Died Walker expressed special interest in the Baltimore street improvement bill, which was one of the city administration measures defeated by the lack of Jackson’s signature. It would legalize a $121,000 bond issue for the improvements. Another Indianapolis administration measure that failed of signature would give City Controller William C. Buser, brother-in-law of Mayor John Duval, a SI,OOO salary boost. The much discussed bills licensing barbers and hair dressers were also on the pocket veto list. observe _ 7urim feast 1,000 Attend Celebration of Jewish Association Anniversary. The fifteenth anniversary of the organization of the Indianapolis Jewish Educational Association was celebrated Sunday night at Tomlinson Hall with the feast of Purim, one of the Jewish feast periods. More than 1,000 attended. An entertainment was followed by danding. Nearly 300 pupils of the two schools, maintained by the organization, participated in the program of folk, songs and dances, directed by Bernard Shulgasser, Butler University student and Miss Rose Greenberg. Organization officers: Isaac Marks, president; Samuel A. Frommer and Charles Medias, vice presidents; George W. Rainoff, secretary, and. Henry L. Greenberg, treasurer. DRY LEADER DIES v llil United Press PITTSBURGH, Pa., March 21. The Rev. Charles Scanlon, 58, noted Presbyterian temperance leader, died today at his home here. He was hnative of Three Corners, W. Va., and a graduate of Valparaiso University, Valparaiso, Ind.

c tHE v ‘TOLKS bm&n ft 3 y fO ? ?!

The Indianapolis Times is proud of its children. , It wants you to know the folks who make the paper something more than ordinary, the folks who make it a thing of flesh and blood, almost—a welcome interesting visitor in your horn *, a personality. Today The Times introduces:

effigy M&fr ' y-v m Jm ; Blossep *

Merrill Blosser, creator of “Frecjfles and His Friends” was born in Napanee, Ind., in 1892. His parents gave him drawing lessons to keep him from spoiling the wall paper. He won a prize, during school days, and went sightseeing to Washington. While oilier kids in the party passed by President Theodore Roosevelt, Blosser grabbed a pad off the President’s desk and drew a sketch of Teddy. “Bully,” boomed the President and kept Blosser with him half the day. Blosser decided he’d draw. Today he stands as the leading cartoonist of the American kid.

THE INDIANAPOLIS TIMES

IMPEACHMENT CASE FIGURES

j & m Slh&g ' Imh Circuit Judge Clarence W. Dearth (right), Frederick Van Nuys, chief / counsel for Dearth (left above), and Representative Lawrence E. Carlson, who gathered evidence against Dearth (left, below). Cloudy Skies Usher THREE HURT IN PANI % in Official Spring Tme „ em Es „ . , , . When Fire Bursts Out. High llonMcr waters today offlcialjly ushered In Mlsa Springtime at Three persons were injured an I n m The skies were elnndv several others received cuts an

BURGLAR SUSPECT HELD Youth, 22, Arrested When Stolen Typewriter Is Found at llis Home. Theodore Wells, 23, of 2968 Vi Central Ave.. was slated at the city prison today, charged with burglary and grand larceny. Detectives Manning and Conway say they found a typewriter in his home that was stolen from one if the six College Ave. drug stores burglarized Saturday night, March 12. When arrested by Patrolman Timothy McMahon. Wells was said to have been wearing a shirt stolen from one of the stores. He denied the burglaries. SUES CITY FOR $50,000 Trial at Lebanon Outgrowth of Crash Into Signal Tower Here. City Attorney John K. Ruekelshaus was in Lebanon today to defend the city of Indianapolis in a $50,000 damage suit brought by Dr. Charles Sowder, Indianapolis. The action is the result of an accident which occurred Dec. 27, 1922, Dr. Sowder driving into r signal tower at Missouri and Washington Sts., which he asserted was Yiot lighted. He alleged that he sustained permanent spinal injuries.

Freckles and His Friends

\ 1 l 'NAATIAAD \ J vou CAA3T f r — /l/vr'A ft \ V>/f| 6UESST iDOM'r y ?A 0 '<CjJ CM 'WHOD X vooaad J T> fj awwmowd • '- ‘ ’ '' ' ..I i ;

Circuit Judge Clarence W. Dearth (right), Frederick Van N’uys, rliiet' counsel for Dearth (left above), and Representative Lawrence E. Carlson, who gathered evidence against Dearth (left, below).

Cloudy Skies Usher in Official Spring High Hoosier waters today officially ushered in Miss Springtime at 8:59 a. m. The skies were cloudy as the new season tripped across the threshold. Spring officially begins the minute the sun crossed the equator on its long journey northward for its summer stay. Meteorologist J. 11. Armington stated. The time varies about five hours from one year to another. Cloudy tonight and Tuesday with temperature about 30 tonight was the United States Weather Bureau forecast. Somewhat warmer weather is predicted, Tuesday. ARMS SESSION OPENS Member of Band of Sever Fired— Safe Robbery Folk and. Bu United Press NEWARK, N. J., March 21. Seven men held up the Miller street car barns of the Public Service Railway Company here today and were about to blow a safe containing $15,000 when they were frightened away by a shot fired by one of them acting as lookout. Four of the men remained outside the building while three, fully armed, entered the office where George H. Dmme, night supervisor, was assigning a run to John Stevens, a motorman. The men ordered Stevens into a rear room and directed Demme to open the safe. Then one of the lookouts apparently lost his head and fired, the bullet coming through the window. The bandits fled.

THREE HURT IN PANIC Passengers on Street Car Jam Exits When Fire Bursts Out. Three persons were injured and several others received cuts and scratches when the control box cn an in-bound Garfield street car caught fire and precipitated a panic near ‘McCarty and Delaware Sts. Sunday evening. B. F. Roack, 814 E. lowa St., injured his back when he dived through a window in the rear vestibule. Deller Cowles, 530 Buchanan St., was cut about the arms by broken glass. Mrs. S. C. Felske, 909 S. Delaware St., was trampled when she fainted in the aisle In the path of passengers dashing for the exits. twenty-live people were on the car at the time. Damage to the car slight. ONE SHOT; BANDITS RUN league Preliminary Conference Begins Amid War Scare. Bu United Press GENEVA. March 21. of Nations preparatory disarmament commission met today with Europe for the first time in many months confronted by a war scare of menacing proportions. Shortly before the meeting it was revealed that another “peace conference” had occurred at Tholry, where, to remove some of the friction between the United States and France regarding naval disarmament, French disarmament delegates entertained American delegates at luncheon.

—By Blosser

Dramatic Series of Events Leading to Dearth Trial Began in Muricie Feb. 19 The dramatic series of events which led to the impeachment of Circuit Judge Clarence W. Dearth of Muncie, began Feb. 19 at Muncie. Two weeks later the judge’s trial, the second impeachment of a judge before the Legislature in the history of Indiana, and the first under the present State Constitution, was set for today by the Senate.

For months Judge Dearth and George Dale, editor of the Muncie Post-Democrat, had been in a bitter personal feud. Time after time Dale attacked Dearth ih his paper and the judge ordered Dale into his court. He imposed several sentences upon Dale, one term of ninety (lays on the Indiana State Farm being appealed to the State Supreme Court by Dale. This resulted in the famous “the truth is no defense in contempt eases” 'decision of the Indiana Supreme Court, which Dale carried to United States Supreme Court. This case is pending. On Feb. 19 the issue of Dale’s paper carried a particularly bitter cl* nuneiatlon of the judge in the form of an anonymous letter. The judge, according to Muncie citizens, ordered police and deputy sheriffs to round lip all the newsboys selling the paper and bring them to his court. The boys, estimated at thirty-eight, were herded at police headquarters ami at the courthouse and finally taken into Dearth's courtroom. Boys Threatened There Dearth threatened the boys that if they continued to sell the paper they would be brought into his court, and directed the officers to take the boys’ papers away from them. No legal action of any kind was filed against the boys. The sheriff took the boys’ papers away and put their names down as they filed out, like prisoners just being freed. of the boys, recognizing an invasion of their rights, hastened back to the PostDemocrat office, pot more papers and proceeded to them on the streets. Police captured several of these boys and took them back to the courthouse, where their second supply of papers was taken away. One of the boys testified later that tiie policeman who caught him took him up an alley saying he was ashamed to be seen taking him up the street. Citizens Aroused Indignant Muncio citizens took up the cause of the boys. Francis Shaw, then president of the Muncio Bar Association, was in the courtroom at the time the boys were threatened by Deartli and took stenographic notes of the proceedings. Muncie' newspapers devoted little space to the affair. The Indianapolis Times investigated the incident and other affairs of Dearth’s court. The Times discovered the writer of the anonymous letter which aroused Dearth’s ire was Clell Maple, Muncie manufacturer and former friend of Deartli. Maple insisted that the Judge should single out him for revenge, if he picked anyone. On Feb. 23, The Times printed the story of the affair with a front page editorial entitled “Impeach This Mussolini of Muncie.”

Reporter Detained That afternoon Ross 11. Garrigus, State editor of The Times, was taken in charge at the door of Dearth’s courtroom by Dearth’s bailiff, led to tile sheriff's office and detained there several minutes. Garrigus had desired to enter the courtroom, a public place, because it had been broadcast that Dearth had called the grand jury to investigate tlie Dale paper article. After being a virtual prisoner Garrigus Anally was told that he could enter the courtroom. Meanwhile Judge Dearth hal ordered Ernest Pearson, Times staff photographer, out of the courtroom and clear off the courthouse grounds, also public property, when Pearson had asked the Judge to pose. Two deputy sheriffs were assigned to see that the judge’s orders were carried. Pearson, however, came back, later and took his picture of the judge—in the act of dodging behind a friend to avoid the camera. The grand jury Indicted Dale on a charge of criminal libel. Dale Avoids Arrest Dale was In Washington, D. C. He has not entered Indiana, stopping at Ft. Recovery, Ohio, close to the Indiana border, where he says, he will remain until Dearth is ousted from the bench because he fears he could not obtain justice in Dearth’s court were he to return and submit to arrest. The Times repeated Its insistence that Dearth be impeached for suppressing the press. On Feb. 25 formal Impeachment charges were filed in the House by Representative John W. Scott, Republican, of Lake County. The charges were referred to House Judiciary A committee, of which Representative J. Glenn Harris, Lake County, was chairman. This committee held a public hearing the night of Feb. 28, at which Prosecutor Joe H. Davis of Delaware County, his deputy, Paul Brady; one of the newsboys, Shaw and other leading Muncie citizens and lawyers testified. The lawyers elaborated upon the charge of jury irregularities contained in the impeachment charges. They told of instances where numbers of persons not freeholders were chosen for jury service repeatedly, within a year, In Dearth's court, how protests had beer, made, and no changes noted. Newsie Tells Story John Raines, one of the newsboys, told a graphic story of the seizure of his papers and threats by Judge Dearth and how he was slapped by a Muncie policeman when ho stated in the sheriff’s office that the officer had drawn his gun while chasing him. The committee recommended impeachment of Dearth March 2. That afternoon the House, by a

MARCH 21,1927

vote of 93 to 1 voted impeachment. The House selected Representatives Harris, \V. H. Harrison, Lawrenco E. Carlson (Rep.), Dclph McKesson, David Byers and Milton J. Salwnsser (Dcm.), to act as the House Board of Managers to prosecuto Dearth before the Senate. Under the statute by which Dearth was impeached, his bench became automatically vacated when the House voted impeachment. Dearth, however, contended the statute was unconstitutional and refused to budge. Governor Ed Jackson a few days later declined to name a successor for Dearth upon an opinion of Attorney General Arthur L. Gilliom that the law was invalid. The Senate received the formal House charges on March I and on the afternoon of March 5 toted with by one dissenter to set the trial for March 21. Veiled Threat Made Dearth's friends, Immediately cast about for some means of preventing the trial. There was talk of suits and counter suits, The judge Issued a veiled threat against the editor and* owners of The Indiana pi*) is Times. Dearth slipped into Indianapolis one morning and retained Frederick Van Nuys, former United States District attorney, to defend him. Then Dearth's friends attempted to get the Muncie Bar Association to bring a suit In Circuit Court at Indianapolis to mandate Jackson to name a successor for Dearth, the idea being that whatever the decision it would bo thrown into Supreme Court and tho question of legality of the impeachment thrown into the air. A commillee of the Bar Association, to which the proposal was referred, refused to be drawn into the arrangement, when it was discovered that the proceeding had been suggested by Gilliom and a skeleton of it drawn by Van Nuys, the Dearth attorney. Mandate Suit Filed On March 11, eight Muncie defendants in a suit in Dearth's court filed a petition for a writ of prohibition against Dearth occupying the bench, before Supremo Court, but dismissed It on March 14. That same day Dearth's friends finally managed to file the mandate suit before Judge H. O. Chamberlin here. Chamberlin, however, refused to be rushed in the matter, with the rosult that tho case is pending, attorneys having merely filed briefs Saturday when tho matter had been vet for argument. Representative Carlson spent most of last week in Muncie preparing evidence for tho llouso board of managers.

Rules of Senate for Trial

Doprs of the Indian Senate will remain open during hearing of evidence in the impeachment trial of Judge Clarence W. Dearth, Muncie, opening today. Such is the provision of the U. S. Senate rules adopted by the Indiana body for the trial. Under the rules, tho presiding officer, Lieutenant Goveinor F. Harold Van Orman, will rulo on all evidence and motions, unless he decides to put tho matter up to the Senators. At any time a Senator may question tho ruling, however, and a vote must must be taken. During debate, or vote on motions or decisions, tho doers of tho Senate may be ordered closed. Will He Sworn In Oath will be taken by all Senators at tho opening of the session, the oath to bo given by the presiding officer. He shall have power to issue orders, mandates and writs and the principal doorkeeper is empowered to carry them out. obtaining whatever aid may bo deemed necessary. The rules give the Senate the right to compel witnesses to attend. Fniluro of the defendant to appear would bo the same ns a guilty plea and judgment would be entered at once. All records of procedure will be kept by Miss Fern Ale. secretary of the Senate. ’ Debate Limited Counsel for both sides must he admitted to the trial and have the right to examine and cross-examine witnesses. On all motions the debate wlil bo limited to one hour, unless the Senators vote to extend tho time. Board of managers of the House of Representative will open and close the case. A single speaker will open for both the prosecution and defense, but both are permitted to have two speakers in closing. Motions of Senators must be in writing and properly recorded, ex* cept the motion to udjourn. Vole On Each Charge Vote will be taken on each charge separately and If any one charge receives a two-thlrds voto the defendant Is found guilty. Should none receive a two-thlrds vote the case is. dismissed. Debate on motions, which may be behind closed doors, will be limited to ten minutes for each Senator. On the decisibn debate is limited to fifteen minutes, but in either case time may be extendd by a majority vote. DROPS LOOT IN FLIGHT Okley Rader, 28, of 501 Patterson St., fared better as a hold-up victim than he first expected, he told police late Sunday night. Rader said the Negro who stopped him on ,the Statehouse grounds and relieved him of his sls sweater and 27 cents, dropped the sweater In his flight, but held on to the small chaga. *