Indianapolis Times, Volume 38, Number 298, Indianapolis, Marion County, 22 March 1927 — Page 1

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VOLUME 37—NUMBER 298

EVIDENCE STARTED IN DEARTH TRIAL

U. MEXICO SMUGGLING BAN LIFTED Officials Refuse to Say Whether End of Arms Embargo is Planned. ‘TREATY SIGNED IN 1926 Provided for Optional Duration After One Year. Bii United Praia WASHINGTON, March 22.—The State Department today announced it had served notice on Mexico terminating the anti smuggling treaty between the two countries. The notice was given in Mexico Citylast night. Officials here today refused to say whether this action is a forerunner to possible lifting of the American embargo on arms shipments to Mexico. Three weeks ago the United Press reported exclusively that the State Department was seriously considering denouncing the smuggling treaty. At that time it was pointed out that any posible action by this Government lifting the American embargo on arms shipments to Mexico could not be made effective so long as the anti-smuggling treaty remained in force. The treaty, signed Dec. 23, 1925, became effective March 28, 1926, remaining in force for one year, and thereafter until notice of termination was given. The State Department announced: “Upon due consideration the Government has concluded to terminate kthe treaty at the expiration of the "year (March 28, 1927), and has accordingly given Abe appropriate notice fcffKW “It may be pointed out in this connection that the United States has had no commercial treaties (since 1882) with Mexico, and that in the circumstances it is not deemed advisable to continue In effect an arrangement which might in certain contingencies bind the United States to cooperation for the enforcement of laws or decrees relating to the importation of commodities of all sorts Into another country with which this Government has no arrangement, by treaty or otherwise, safeguarding American commerce against possible discrimination. “The convention between the United States and Mexico to prevent smuggling and for certain other objects was signed Dec. 23, 1925, ratified March 11, 1926, and proclaimed March IS, 1926. It went into effect, so far as the United States was concerned, upon March 28, 1926. By its tgrnis the convention was to remain la force for one year, upon the expiration of which period, if no notice of a desire to terminate it had been given by either party, it was to continue in force until thirty days after either party should give notice of termination."

m WOMAN 10 ► BE MED HERE Husband Held at Detroit on Murder Charge. Body of Mrs. Roy O. Matheny, Detroit, Mich., formerly of Indianapolis, who Detroit police allege was murdered by her policeman husband Sunday, following a family quarrel,, will be brought to Indianapolis for burial following the inquest today, according to her brother, Howard C. Dellaven, 3032 Caroline Ave. Mrs. Matheny was reared in Indianapolis, where she* married Matheny eight years ago. She has lived in Detroit seven years. She is survived by two children, a boy 10. by a former marriage, and a baby four months old: her parents, Mr. and Mrs. Howard De Haven, 1006 Cor- . nell Ave.; a brother, Howard C. De Haven, and a sister, Mrs. Lillian Acton, 3945 Caroline Ave. The shock of the news of her death caused her father a stroke of paralysis Sunday night. He was taken to Indiana Christian Hospital. Matheny, according to Detroit police. declared that his wife shot herself after shooting at him. Mrs. Acton, who went to Detroit to bring her sister's body to Indianapolis, declared according to dispatches, that she did not believe that Matheny killed his Wife. p AUTHOR INJURED Bn United Pros / HONOLULU, March 22. —The condition of Mary Roberts Rinehart, author, who suffered a fractured rib in a fall, was pronounced not serious by her .physicians today. She slipped in the bathroom of her hotel here. She is ia Honolulu on a vacation tour.

ryii T f • 1 • rfl® The Indianapolis 1 lines COMPLETE REPORT OF WORLDWIDE NEWS ISEK VICE OF IHE UNiIED

Entered as Second-Class Matter at Postoffice, Indianapolis

Bandit Pair Robs Victim of Clothes Police today Investigated a holdup in which the victim was beaten and disrobed by two Negro bandits. The victim was left Stranded in a vacant lot, clad In undergarments, late Monday. William Burk, 1342 Reisner St., the victim, said he was driving downtown late Monday to meet his wife, when, at Senate Ave. and Washington St., two men'leaped on the running board of his auto. One pointed a gun at him and ordered that he drive north, Burk said. At Toledo and Ohio Sts. they ordered him to get out of the car and accompany them. At the canal and Wabash St. they walked into a vacant lot, beat him. and searched him for valuables, which they did not find. Burk said. Taking his clothing the bandits fled. Burk said. Police found the clothes where they had been discarded. Burk was sent to city hospital. CARROLL’S HOPES FAINT Only t’oolldge or Trial Judge Can Save Theatrical Alan From Cell. liu United Press NEW YORK, March 22.—0n1y President Coolidge or Federal Judge Henry Goddard, who sentenced him, can save Earl Carroll from Atlanta Penitentiary, his counsel, Herbert C. Smyth, said today. Carroll, who lost his plea for a review of his case by the Supreme is under sentence to serve a year and a day following his conviction on a charge of perjury in connection with his “bathtub party.” “We will confer shortly to decide what steps will be taken," Smyth said. $55,000 FOR SANATORIUM Sunnyside Said to lack Equipment to Fight Disease. Sunnyside Tuberculosis Sanatorium does not have sufficient equipment with which to battle the disease, it was asserted today in a county council ordinance to be introduced Friday, asking for a $55,*OOO appropriation. The situation is termed “an emergency” and sets out that an “indispensable public necessity exists for aditional furnishings." It is pointed out there is no money in the county treasury with which to buy the equipment. OWN INVENTION KILLS Cleveland Man Electrocuted While Displaying Arc Rectifier. B\t United Press CLEVELAND, Ohio, March 22. — Like the creator of the Frankenstein monster, Edward A. Gable, 22-year-old Inventor, was dead today, a victim of one of his own inventions. He was electi'ocuted while demonstrating a high voltage mercury arc rectifier in the presence of fifteen youthful companions who looked on, unable to save him.

Prohibition Target of Senator Reed Bv United Press DHTROIT, March 22.—Prohibition is rearing a Nation of law breakers and polluting the souls of men. Senator James A. Reed (Dem.), Missouri, declared in a dinned address here. Citing the figures of Gen. Lincoln Andrews, prohibition director, Reed declared there are 1,276,000 stills in American homes. JUDASES EVERYWHERE .Many Men Starve Souls For Bank Account, Says Rector. Judas started right, but his desire for wealth which began in petty pilfering and ended in his sale of Jesus for $18.75, came gradually, the Rev. Harold L.'Bowen, rector of St. Paul’s Episcopal Church, Chicago, declared at the noon-day Lenten meeting at Christ Church today. “There are Judases everywhere today. Men eveywhere are starving their souls to fatten their bank accounts.” he said. NOTED WALKER INJURED Edward Payson Weston Struck by New York Taxicab. Bv United Press NEW YORK, March 22 —Edward Payson Weston, famous long-dis-tance walker, was in St. Vincent’s hospital today with a possible fractured skull. Weston, near his 90s, was hit by a taxicab Sunday night. The chauffeur put him in the cab and took him to the hospital. ■ ALLEGED ROBBER DIES Bv Times ftoecial BEDFORD, Ind., March 22. — Wounds received when he was shot Friday night by Detectives George Tucker, who alleged he was trying to rob a box car, had proved fatal today to Lloyd Prather, 25. He died Monday night. FLYERS ENTERTAINED Bv I nited Press RIO DE JANEIRO, March 22. Francesco De Pinedo, Italian transAtlantic flyer, and the United States Army Pan-American flyers were entertained together by the Governor at Para, Brazil, a dispatch said today. i-

RIVER IS RECEDING GRADUALLY 150 Workmen Continue to Battle Overflow on North Side. 19.1 FEET HIGHEST Reading at Noon Shows Drop of .3. With flooded White river receding slowly today, a force of 150 city’workmen continued to battle the overflow on the qorth side. At numerous points along the levee*the high water had seeped through new places, raising the svel of the back water in several localities. White Hiver had stood at 19.1 feet since 10 p. m. Monday, but at 7 a. m. began receding, Meteorologist J. H. Armington of the United States Weather Bureau reported. Falling Upstream The stage at noon was 18.8 at the West Tenth St. plant of the T. H. I. and E. Traction Company. declared the river stage had fallen 3.7 feet at Anderson and half a foot at Noblesville, points upstream, and the river likely would drop considerably here, beginning late this afternoon. The stream had not reached its crest at EUllston, Edwardsport and Decker, continuing to rise from a half to a foot along the lower part of the stream. City workmen had placed some six thousand sand bags along the levee in an effort to save city and residential property along the stream and In Warfleigh. Police closed W. New. York Bt. bridge over White River late Monday, barricading it from all traffic after it trembled when a large bus crossed. Police Chief Caude F. Johnson said he had sent Capt. Herbert Fetcher’s report to the city engineering department, asking that City Engineer Chester C. Oberleas make a survey. Johnson said he believed the west end of the foundation had settled. Water on Roads Water stood six .inches deep on Spring Mill Rd. Just north of the canal, flowing into a field east of the highway. Depth of the water along River View Dr. a block and a half north - (Turn to Page 2) MEXICAN REPLY STUDIED United States Receives Communication on Land-Oil Laws. Bv United Press WASHINGTON, March 22.—State Department .officials were studying today anew communication from the Mexican government, preparatory to the anticipated conferences with Mexican Ambassador Tellez on the disputes between the two governments. Receipt of the new note late yesterday was exclusively repotted by the United Press. Mexico is understood to be taking a more conciliatory attitude toward American demands on the alien landoil laws, which the State Department charges are retroactive and confiscatory, but no compromise settlement has been reached yet.

RENT DETENTION HOME Lease Holder Objects When First Rent Check Is Less Than Agreed. Check for $325 to pay the first month’s rent of the new county Detention Home, 225 E. Michigan St., has been paid James M. Davis, who holds the lease on the property, it was announced today by County Auditor Harry Dunn. Davis filed written ibjections to the" amount paid on receipt of the check. County Commissioners Cassius L. Hogle and Charles O. Sutton leased the place for $350 a month through James F. Edwards, county councilman and real estate man. The appropriation for Detention Home rental calls for only $325. Dunn said Davis will erect fire escapes on the building. The board of State charities, the county grand jury and the State fire marshal’s office disapproved of the structure and pointed out the lack of fire escapes. BUS DEAL IS HELD UP Street Car and Motor Coach Officials Continue Reticent. - Negotiations for the sale of the Peoples Motor CoacK Company to the Indianapolis Street Railway Company were at a standstill today with representatives of both Companies refusing to divulge lnforrtiation. The reported sale price of the bus company is approximately $500,000. Frank Wampler, member of the public service commission, stated today thats several petitions of the bus to change certain routes, particularly the E. New York St. line, were being held up at the request of A. Smith Bowman, bus company president.

INDIANAPOLIS! , TUESDAY, MARCH 22, ‘’ 1927

SIX CO-EDS HOLD ‘OPEN HOUSE’ IN MAROONED RAVENSWOOD COTTAGE

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Above: These pretty misses are smiling from the porch of their flooded house on Seventy-Fourth St., between Edgewater and Sylvan St., Ravenswood. Left to right, Betty Twente, Betty Anderson, Mary Harkless, Sara Blackwell, Marge Cross, Dotty Van Allen, Gertrude Jordan and Emille Wolt*. The last six are Normal College of North American Gymnastic Union students. The girls whh the paddles brought Spot (the dog) over for a visit with the co-eds, marooned since Saturday night.

HIGH WATERS MENACE CIRCUS HOME AT PERU Hurried Preparations Made to Move Wild Animals to Hill ' Tops If River Rises.

Bv United Pres s PERU, Ind.. March 22.—Hurried preparations were being made today by officials of the American Circus corporation to transport hundreds of wild animals to safety if flood waters rise higher around circus winter headquarters here. Overflowing water of the Wabash and Mlssissinewa Rivera at noon had crept to within a few inches of the barn where the animals, belonging to the Sells-Floto and Hagea-beck-Wallace circuses were quartered. The menagerie, valued at nearly $1,000,,000, includes the largest collection of feline animals in America, aso well as a herd of thirty elephants.

WOULD BROWNING AND ‘PEACHES’ MAKE UP? ‘Daddy’ Reported Willing for Reconciliation, but Neither Has Given Interview Singe Separation Decision.

Bv United Press NEW YORK, March 22.—Her Cinderella bubble burst, a crestfallen “Peaches” Browning faced a future without alimony today and probably pondered the same questions that were bothering a few million other people. Will "Daddy” Browning offer to take her back? And if he does, will she go? With the dual separation suit decided entirely in favor of Edward West Browning, the wealthy real estate dealer, and an appeal by the former Frances Heenan considered unlikely, the 16-year-old Peaches had no hope for future favors from her husband except through magnanimity, for the court ruling which granted him a separation denied alimony for the wife and automatically ended the S3OO a week she has been receiving from him since she left him. Browning has given no intimation of his plans, but many observers believed he would open his arms to his girl wife if she would promise to be good and would leave her mother, Mrs. Heenan, behind. The judge declared many of Mrs. Browning’s charges against her husband were vicious and untrue, particularly scoring charges involving Dorothy Sunshine Browning, his adopted daughter. Her love of “foolish publicity” was equal to Browning's, he held, and her charges of cruelty, based on the honking gan-,

2 Rooms Rented From One Ad D. E. Gabhart, 831 Broadway, ran this little ad in The Times and had 9 calls. Both rooms were rented from the one ad. BROADWAY. 831; 2 large: water In kitchen; priv. ent.: $8.50; 1 large front: $6. Walk. dist. Riley 5458. Not ofily did the ad produce results, but also cost less. Want Ads cost less In The Times. Rent your Bpare room—have an extra weekly income. A room for rent ad in The Times will reach the roomers. Call MA in 3500 You Can Charge It.

The circus farm Is surrounded on three sides by rising water, and is cut off from the city of Peru by flooded highways. The only refuge for the menagerie will be in the hills bordering the Mississlnewa River, if it is necessary to move the animals. Preparations were being made- to erect a “big top’ on these hills to quarter the animals and eqiupment. Ten elephants drowned here during the flood of 1913 and no chances will be taken this time, circus men said. The elephants put to work pushing wagon cages to higher ground.

der, rubber eggs and sandpapered shoetree incidents, were termed "trivial.” The heavy cost involved probably will make an appeal impossible, Henry Epstein, counsel for Mrs. Browning said. Francis Dale, Browning's attorney, hailed the verdict as a bulwark for rich men against women who marry for alimony. Mrs. Heenan sMd she and “Peaches” had no plans for the future. Peaches wept. Browning was silent. The African honking gander said, “Honk!”

WHAT BECAME OF HIS AMENDMENT? Brother Jim’s Pocketbook Topic at Statehouse. “Will Governor Jackson’s brother Jim g£t to spend all of the money?” That was the question asked today by Senator. Francis Lochard, (Dem.) Milan, as he scanned the engrossed budget bill signed by the Governor, seeking in vain to find the amendment which he introduced to see that the Farm Colony for the Feeble Minded at Butlerville got a fair split with ‘‘Brother Jim.” of $382,500 a year appropriated for the two institutions. When the bill came to the Senate the appropriations for the School for Feeble Minded Youth at Ft. Wayne and the colony were joined. James Jackson Is superintendent of the Ft. Wayne institution. Lochard introduced an amendment to separate the funds and it passed. Today when he came to inspect the bill It was not there, however, and the funds are still in a lump appropriation. “What became of it?” he queried of Charles Kettleborough, head of the legislative bureau. After diligently searching his records Kettleborough was unable to discover this amendment. “It never came to this'' office,” Kettleborough declared and the Senator doesn’t doubt that. HOURLY TEMPERATURES ■f a. m 33 30 a. m 36 7 a. m 33 11 a. in 3f 8 a. m 33 12 (noon) .... 38 9 a. m. 36 1 p. 18

Outside of Marion County 12 Cents Per Week. Single Copies

Girls ‘Trapped’ in House Since Saturday—Boat Used to Get Food. By Morris G. Young Water, water everywhere and not a drop to drink! So forty marooned Ravenswood families soliloquized today ns the flood stage reached its peak on White River and slowly started to recede. The water rose about three Inches during the night and appeared It have come to a standstill at daylight, according to Roy Goodpasture, Ravenswood grocer. The summer house settlement presented a sorry appearance to The Times reporter who “manned a canoe” and slid out from the “mainland” at Seventy-first and Valley View Ave., on to the edge of the water which bad blocked the street Intersection—the nearest street outlet to the Inundated area. Talk Flood News With eighteen inches of water in Goodpasture’s grocery at SeventyFourth and Edgewater Sts., persons "congregated” there to exchange the latest flood news. Telephone and electric light service had not yet been disrupted. Goodpasture and Walter Anderson are the only residents with phones in the watered district. Down the "street” a few hundred yards six pretty co-eds from the Normal College of the North American Gymnastic Union were isolated In their two-story frams summer house. “We came out Saturday night to spend the week-end and we’ve been here ever since,” pretty Miss Mary Harkless of Wlckliffe, Ky., declared. "It’s lucky for us that the water has missed our first floor so far.” The other marooned girls, nil misses: Sara Blackwell of Evansville, Marge Cross of Dayton, Ohio; Dotty Van Allen of St. Louis, Gertrude Jordan of St. Paul and Emille Woltz of Buffalo. “Girls Want Out” “When do ws get out?" ths girls asked. With no Immediate danger of the water going higher, the girls only bemoaned the hapless fate of their "skeeter”—a decrepit automobile which carried them out from the school dormitory at 1240 Broadway. The machine, sans hood, body and seats, stood submerged far up the street, where the swift water made escape almost futile. W. B. Hudleson took the girls to the grocery for supplies and phone calls in his rowboat. They expected to come back to Indianapolis today. “The Coo-Coo Shall Not Sing Tonight!” “ —And they found moonshine In a coo-coo clock. “Hickory, dickery dock!" Two pints of it, nestling where the works out to be, with a “three fingers” glass sitting between. That was part of the find when Sergeant Eisenhut and squad raided the home of John King, 43, Negrog at 420 W. North St., where a dice game was reported in progress. One thin dime was found In the pot, but the officers made the coocoo discloure as well as finding a half-pint of liquor In a disguised cigaret box and another half-pint In a tin tobacco box. 1 King is in city prison charged with keeping a gambling house, gaming and operating a blind tiger. HOOSIER SENTENCED Bv United Press CHICAGO. March 22.—Frank A. Moll Ft. Wayne. Ind., was sentenced to sixty days in Bridewell prison today by Federal Judge Carpenter after he had pleaded guilty to impersonating a Federal officer in a liquor investigation. He said he was working for the Better Government Association.

THREE CENTS

Judge’s Effort to Block Further Action In Case Is Lost on Senate Vote of 48 to 1 OPENING STATEMENTS MADE Defendant Pleads Not Guilty—Prosecution Charges Witness Tampering DEARTH CASE IN BRIEF Senate overrules Dearth’s objections to impeachment charges and decides to proceed with the trial by vote of 48 to 1. Dearth pleads not guilty to the charges of suppressing the press and permitting jury irregularities. Representative J. Glenn Harris makes opening statement for prosecution. Attorney Frederick Van Nuys in opening statement for Dearth admits many of the charges, but says he will prove Dearth justified in taking some drastic steps. When defense asks for list of prosecution’s witnesses Harris refuses, declaring several attempts to intimidate witnesses already have been made. Stage is cleared for introduction of testimony begining this afternoon. With Circuit Judge Clarence W. Dearth of Muncic losing his preliminary fight to prevent the taking of testimony by a vote of 48 to 1, the Indiana Senate was ready to listen to evidence this afternoon in the impeachment proceedings brought against him by the House of Representatives. Opening statements by Representative J. Glenn Harris for the board of House managers and Frederick Van Nuys for Judge Dearth outlined the issues.

Harris declared that the House would prove that Dearth had violated the constitutional guarantee of freedom of the press by an unwarranted confiscation of newspapers and the Illegal detention of newsboys. He declared that the evidence would show that the control of juries had been illegal, and that the appointment of a Jury commissioner who was unqualified had resulted in the miscarriage of justice. Defense of Admission. The defense of Judge Dearth will be an admission and an attempt at Justification, according to Van Nuys Going back to a traglo incident in the life of Dearth when his daughter met with death by drowning. Van Nuys said that the newspaper published by George Dale had printed articles so outrageous that he could be excused for losing his judicial calm at times. He also explained that the Judge acted upon the whispered advice of an unnamed policeman who suggested that he order the Dale papers confistlcated. Van Nifys admitted that the records would show that when Jury Commissioner Jacob Cavanaugh was first appointed he owned no property, but that later Judge Dearth deeded to him a lot for the purpose of qualifying him, then reappointed him and made It all regular and that he had named Cavanaugh, because he could le depended upon to aid in war upon bootleggera and vice vendors.

These are the lines along which the impeachment trial will proceed. j Senate Asserts Power The morning session resulted in nn assertion by -the Senate of its power to impeach and its declaration that the statutes giving it that power are valid. It also resulted in a decision that the acts as charged In the bill of Impeachment, in Its opinion, come under the designation of “corruption and high crimes.’* The Senate, by Its vote of 48 to 1, decided that the chargee of suppression of a newspaper by confiscation are sufficiently grave to Impeach and that the other ] charges of Jury manipulation come within the realm of legislative action against Judges. With these Important decisions ; rendered, the trial now becomes a matter of proof of the charges in which the Senators will act as Jurors. The first witnesses to be called were four of the newsboys whose papers, they allege, were taken. They were James Kerrigan. John Raines, Robert Baddens and Vernic Lykins. Vote 48 to 1 After hearing arguments for an hour on opening of this morning’s session the Senate passed a motion, 48 to 1, to overrule the bill of objections attacking constitutionality of the trial, filed Monday afternoon by Van Nuys. The motion came from Senator Carl Gray, who declared "thle body has a right to determine whether the defendant has been guilty of cor ruptlon or other high crimes not from statements of his own attorneys, but from *the evidence of witnesses.” Senator Gray was followed by Senator William P. Evans of Indianapolis, who said that It was fitting that the attorneys of the Senate explain the legal situation, apart from arguments by either house managers or attorneys for Dearth. He declared the Senate has the power to sit as a court of Impeachment. . Each Senator was limited to ten j minutes in a discusion of the legal I questions raised by attorney* for I Judge Dearth and answered for the (Turn to Page 13)

Forecast Mostly cloudy, rising temperature tonight, Wednesday probably light showers.

count? TWO CENTS

SCHOOL BODY 10 CONSIDER GRAFF VACANCY FRIDAY Special Meeting Called to Go Over Candidates for Superintendent’s Job. The majority faction of the school board will meet Friday to cons'der selection of a permanent superintendent to succeed E. U. Graff, recently ousted, Commissioner Charles W. Kem announced today. "We plan to get together and compare notes," Kern said. “Whether we will make the decision Friday I can t say, but probably will make the announcement not later thnn Tuesday.” Board President Theodore F. Von. negut, Mrs. Lillian G. Sedwlck, vice president, and Kern, comprise the ruling faction. Fred Bates Johnson and Charles R. Yoke, minority members, supported Graff. A large number of persons have been proposed for the post, Kern said, but consideration of an out-of-town man Is not believed likely. “The most recent rumored prospect has been Byron Hartley, school superintendent at Loulavills, I am told. “As far as I know, his name has nevor been submitted as an applicant.” Henry Sherwood, former Stats superintendent of publle Instruction, and his recent successor, Charles F. Miller, have been boosted for ths job, but It Is Indicated that Uttls consideration has been given them. Kern spok# favorably of Joseph F. Thornton, acting superintendent. Thornton, who was an assistant superintendent before Oraff’B removal, has assumed the duties at the $9,000 yearly salary tendered Graff. Kern said. "The schools a-e going aolng fine under Thornton's management,” Kern declared. “We continue with him ns acting superintendent without hurrying the selection of a permanent nun for the position."

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