Indianapolis Times, Volume 38, Number 300, Indianapolis, Marion County, 24 March 1927 — Page 1

Home Edition You don’t have to be an expert to understand Milton C. Work’s daily bridge lesson in The Times.

VOLUME 37—NUMBER 300 *

DEARTH JURIES CALLED ‘CROOKED’

ILS.-MIEH DLTIMATUM TO CHINESE Nanking to Be Bombarded If Foreigners Are Not Moved Safely. AMERICANS DIE, REPORT Naval Officer Fears Number May Be Large. C WASHINGTON, March 24.—Joining forces with the British, American naval officers at Nanking issued an ultimatum to the commanding officer of the Cantonese forces notifying him that unless all foreigners are brought safely to the British and American warships by JO o’clock tomorrow morning they will open fire upon Nanking and treat it as a military area, according to advices received by the Navy department today from Admiral C. S. Williams, commanding American forces there. Word of the ultimatum followed a report from Williams that American civilians had been killed or wounded at Nanking. He feared the number was great. Foreigners Rescued Navy Department dispatches from Shanghai today said that all foreigners refuged in Standard Oil buildings on a hill in Nanking had been rescued by American and British landing parties from warships in the harbor, but that several Americans had been killed elsewhere in Nankng after American and British warships laid down a barrage. The Cantonese sacked the British consulate. The British vice consul was wounded and Dr. Smith was killed. One hundred and seventy-five American women and children evacuated the city. An American naval guard was on duty at the United States consulate. Refugees on Ships Fourteen American women. and sixteen children went to Shanghai. The others took refuge on the United States warships Noa and Preston in the “Yangtze River off Nanking. The American warships Noa and Preston and the British warship Emerald Were presumed to be the vessels in action. The barrage was designed to clear the area of the hill of Cantonese troops and to prevent t hem reaching the refugee foreigners. Sailors were landed from the American and British vessels in an attempt to penetrate two and onehalf miles from the water front, where the beleaguered foreigners awaited relief. City Buries Dead The aftermath of hysteria began in Shanghai today, and in a dismal setting of charred bodies and steaming, rain-soaked ruins the native city started burying its dead. Shooting had almost ceased, although unruly crowds still caused occasional disturbances. Rain that had been falling for more than t wenty-four hours had put out the lires which for a time threatened to spread from the Chapei district into (he foreign settlement. Wkite River Drops to 9.7 Feet Stage White River recorded a fa l ! from 16.5 feet Wednesday to 8.7 feet today and was expected to continue cropping slowly for several days until it reaches normal stage of about six feet. The drop was expected to be lower within the next few days, unless rains-swell the stream. Meteorologist .1. H. Armlngton declared the crest probably will not be reached downstream until Sunday. HITS SECRETARY WORK Flu 1 vital Press WASHINGTON, March 2-I.—De-claring that Secretary of the Interior Work ‘‘places dollars and cents above the interests of the people in the West,” Senator Oddie (Rep.), Nevada, said today that the Interior Department “would be far better off if Work were out.”

Prospective Tenants Found at 5c Each Mrs. 0. Kedwell, 34 W. 19th St., ran this little ad in The Times at a cost of 30c. 19TH. 34 W.: nice rm and kitchenette downet.: mod.: everything fur. Ha. 4288-J. Six people answered the ad —thus prospective tenants at 5c each. Rent your rooms in The Times. Your room for rent ad will cost less and it will work all day for you, meeting newcomers at bus, train and trolley. Call Main 3500 Your Credit Is Good.

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Seeker of Realism for Film Killed Bit United Press CORONA, Colo., March 24. —The desire for reality brought death in the filming of a motion picture atop blizzard-swept James Peak in the Rocky Mountains. One employe of the film company was killed and another was taken to a Denver hospital seriously injured. Both had been buried by an avalanche, set off by dynamite yesterday in order that action pictures of a snow slide could be taken. Fayette Bishop was dead when taken from the debris of the spent avalanche. John Steckler, buried under six feet of snow and rocks, was dug out, suffering from three crushed ribs and possible internal injuries. The two had climbed the mountain of snow to start the slide. While cameras clicked the snow rumbled down unexpectedly into a canon 900 feet below, catching the pair in its path. PRINCE IN TWO RACES Wales Finishes Fourth in One and Second in Another. Bit United Press GRANTHAM, England, March 24. —The Prince of Wales rode in a point-to-point race today, without accident and finished fourth in the Belvoir hunt lightweight steeplechase at Barrowby. The Prince rode his own horse, Lady Doone, and was quoted at odds of 3 to 1 when the race started. A. G. Miller’s Beau Cladagh won the race. General Vaughn’s Merrie England, the favorite, was second and C. Tong’s Perbert, was third. The Princt was more fortunate in his second race of the afternoon when he came in second, riding his own horse, Cark Courtier. Eleven horses ran. Student Kills Self; ‘l’ll Wire,’ Is Note DETROIT, Mich, March 24.—Delbelt F. James, 19-year-old Detroit student, died in a hospital today Detroit’s first victim of the student suicide wave. James, a post-graduate student at Northern High School, was found in an automobile on a - highway just outside the city last night with a bullet wound in his skulk He was rushed to a hospital. A note found beside him said: “To Whom It May Concern: Well, I don’t know where I’m going, but I will wire you when I get there. I don’t set any use of hanging around any longer. The flesh is tilling but the spirit is weak.” Police have refused to make public the last paragraph of the note. ‘BABY FARM’ WITNESS Detroit Woman Leaves for California to Testify. DETROIT, March 24.—Mrs. Margaret Meyers, 23, former maid at the alleged California “baby farm” of Airs. Minnie Foss Hines, will leave for Los Angeles Saturday to testify in the investigation of the farm. Airs. Myers said she turned her baby over to Mrs. Hines immediate'ly after its birth and that it was given to a Mrs. Rowena Johnson for S6O. She said soon after its adoption the baby became blind and violently ill, dying a few days later. She said she -worked at the farm for more than a year, during which time Mrs. Hines took in more than a, dozen babies. FAVORS AID IN CHINA Should Be No Stopping Educational Work, Kiwanians Are Told. The United States can continue to hold Chinese respect and g/atitude by aiding the mass educational movement in China, C. H. Robertson pointed out to the Kiwanis Club Wednesday at its Claypcjol luncheon. Robertson, a Purdue' University graduate, has been with the Y. M. C. A. in China several years. “The United States already has given valuable assistance in educating China,” he declared. “We should contimieto tolerate the Chinese In their struggle to overcome their lack of progress in past hundreds of years.” SI,OOO JEWELRY STOLEN D : amoud Pins. Locket and Ring Are R(-ported Taken From Hotel. Two diamond-set pins, a locket and ring, vauled at SI,OOO, were stolen from his room some time on Wednesday, Harry Adams, La Salle Hotel, 303 W. Ohio St., reported to police today. Mrs. Nell W. Quinlan, Apt. 12, the Virginia, called police when she found keys to her aparemtn, which had been left in the door, had been removed. Another tenant said she saw a strange man loitering in the hallway. BUILDERS ARE TO MEET Will Inspect Model House, Feature of April Home Show. Dinner for members of the Indianapolis Home Builders Association and firms supplying material for the centerpiece house of the Home Complete Show will be held Wednesday evening at the State fairground manufacturers building. The purpose of the gathering will be to give the guests an opportunity to see the completed centerpiece structure. The home show will be held in the same building April 2-9.

JACKSON ON FENCE OVER BUDGET DILI Faced With Question of Backing Brother or Solving Tangle. ENROLLING ERROR, VIEW Senate Investigation Committee Visits Governor. Whether to correct an error of the House of Representatives enrolling room and iron out the tangle in the $49,000,000 State appropriation measure, or to support the stand of his brother, James Jackson, was the question before Governor Jackson today. The Indiana Senate special Investigation committee probing the omission of the budget bill amendment providing separate funds for two State institutions had a lengthy conference with the Governor at noon. Preliminary investigation showed the amendment of Senator Francis Lochard (Dem.) of Molan was deleted in the House enrolling room, in charge of Ira Brown, committee members said. The measure, when signed by Jackson, did not contain the amendment passed by both Houses. Special Session? In event a special session of the Legislature is deemed necessary to unravel the budget jumble and Governor Jackson falls to call the session, several Senators indicated the Senate has authority to act. Although the House budget committee reported within ten days after opening of the session, the measure was not passed until the closing night. At a secret session Wednesday the Senate named the special committee to check every step of the measure. The meeting lasted two hours and every Senator was sworn to secrecy regarding what took place. Even the committee personel was not divulged for some time. Lieutenant Governor F. Harold Van Orman Is to serve with them. Preliminary investigation cleared Senate employes of responsibility for omission of the amendment. Members of the Senate investigating committee: Denver C. Harlan, Richmond; Alonzo H. Lindley, Kingman; Edward O’Rourke Jr., Ft. Wayne; James J. Nejdl, Whiting; J. Monroe Fitch, Muncie, Republicans, and Curtis H. Shake, Vincennes and Joseph M. Cravens, Madison, Democrats. Certify Record A certification of the record of the Lochard amendment signed by five Senators was presented State Auditor L. S. Bowman, Secretary of State Frederick E. Schortemeier and Chief Accounts Examiner Lawrence Orr. According to Senator C. Oliver Holmes, Gary, one of the signers, the move was to provide Bowman an alibi and to warn Schortemeier against publication of the acts without the amendment. Other signers to the statement: Robert L. Moorhead, Indianaijplis; Curtis Shake, Vincennes; Perry Johnson, Atlanta, and Lochard. Shake and Lochard are Democrats. Indignant Intense Indignation was registered regarding the tampering with the appropriation bill which may render it illegal. This was the matter under discussion and Senators were unanimous In condemning practices (Turn to Page 13) POINT LOST BY U. S. Bv United Press GENEVA, March 24.—France won another supporter and the United States lost proportionately today when Sweden announced preferences regarding limitation of naval armaments during the meeting of the League of Nations preparatory disarmament commission. The basic difference between the French thesis for naval disarmament and that of the United States is that France would allow each nation a certain tonnage of warships of any class, while the United States would limit each class, submarines, destroyers, cruisers, etc., to a stipulated tonnage. Sweden announced preference for limitation by tonnage, rather than limitation by classes of ships. MARKET OUTLOOK MIXED By Times Bvecial NEW YORK, March 24. Although recent reaction has improved the market position of many stocks, the general outlook remains mixed and uncertain, the Brookmire Economic Service, Inc., reports in an analysis of fundamental conditions. They advise investors to follow a cautious program, and those who hold a good selection of stocks bought at low levels to continue to hold them. A plentiful supply of credit and an easy flow of funds indicate that investment demand will continue supporting the better grades of stocks and bonds.

INDIANAPOLIS, THURSDAY, MARCH 24,1927

IMPORTANT IN IMPEACHMENT

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Above, left to right, Judge Clarence W. Dearth, Mrs. Dearth and Wilbur Hyman, Moses B. Lairy, Van Ogle and Frederick Van Nnys, Dearth’s attorneys, seated around the counsel table at the Senate impeachment trial of Dearth. Below, left to right, Senator Curtis Siiake, lieutenant Governor F. Harold Van Orman and Senator Denver C. Harlan. The Senators advise Van Orman on legal points In the trial.

JUDGE MINUS POLITICS PROVES HARD TO FIND Collin’s Refusal to Sit in Dillon Liquor Case Started Tedious Search for Jurist Without Strings.

A hunt for a judge or lawyer, “without political affiliations,” to act as special judge in the trial of Thomas Dillon, 742 S. Capitol Ave., Twelfth ward Republican politician, for alleged violation of the liquor law was underway at the courthouse today. Criminal Court Judge James A. Collins, who disqualified himself when first moves were made to open the trial in his court, was chief hunter. Collins said he disqualified himself WIDOW AND LOVER PLEADJNNOCENCE Mrs. Snyder and Henry Gray Face Murder Charge. Bv United Press NEW YORK. March 24.—Mrs. Ttuth Snyder and Henry Judd Gray pleaded not guilty In Queens County Supremo Court today to the murder of Albert Snyder. They were held without bail for trial April 11. Their arrangement before Justice Stephen Callahan was the first step in the legal process by which the State hopes to send them to the electric chair for the carefully planned murder of Mrs. Snyder's husband, who was found in bed at his home in Queens Village last Sunday, beaten, chloroformed and strangled. HOURLY TEMPERATURES 6 a. m 35 10 a. m 43 7 a. m 36 11 a. m 44 8 a. m 37 12 (noon) .... 46 9 a. m 39 1 p. m 46

FLAPPER FANNY SAYS: V ’ ■- ' 0 ‘nv.otAffW WTTEHIHGrJ' T 01927 BY MCA SWVICt INC. BCG. U. S. PAT, orr.

Women are the last word in conversationalists.

because he “sent Dillon to the farm once before.” Hard to Find At noon he was still seeking a suitable barrister. “I want this case to go to trial before a man who is not mixed up ni politics and who is without political affiliations,” Prosecutor William H. Remy told the court he would not hear the case. Collins then submitted the names of five local attorneys, all of whom were objected to, either by Ira Holmes, Dillon’s attorney, or Remy. Hopeful As the two-hour mark In the search came to a close Collins was still hopeful. "I’ll have somebody by 2 o'clock,” he declared. “I’ve been all over this courthouse and couldn’t get any of them to serve. They are all tied up in some way or other and Judge James Leathers said he knew Dillon intlmateiy.” Dillon was charged with possession and manufacture of 178 one-half pints of liquor on Jan. 26, 1925, according to the indictment. Before the judge-hunt began, Collins overruled a motion filed by Holrfies to quash the indictment. Holmes then waived the jury right in the matter. MHONBODY MEETING MONDAY f Confab Expected to Break Silence on Strike. Silence, which has held both union miners and bituminous operators since the futile Miami (Fla.) wage scale conference last month, Is expected to be broken with a meeting at United Mine Workers’ headquarters Monday of the policy committee of the miners. Hopes for a separate Indiana agreement between operators and miners were blasted Wednesday night when tho Indiana Bituminous Coal Operators’ Association approved the action of the Miami conference and no steps to initiate furtner parleys. For the first time in years union miners are authorized to take steps to consummate separate agreements with district operators. Heretofore, the central competitive district, comprising Indiana, Illinois, Ohio add western Pennsylvania, has acted as a unit in fixing wage scales. Th* old scale expires April 1. The situation Is rapidly nearing the crucial stage that developed the general strike of 1922. Neither operators nor union officials will comment on the situation for fear of drawing the fire of the opposition.

Outside of Marlon Cout-ly 12 TIIDPL' 1 Cents Per Week. Single Copies x

iROY HAYNES NEW | ACTING DRY CHIEF Man Championed by Liquor Foes Gets Office. i Bv United Press WASHINGTON. March 24.—Roy A. Haynes of Ohio today was named acting commissioner of prohibition under the new centralized enforcement system by Secretary of the Treasury Mellon. The appointment of Haynes, ardently championed by the drys, raises the Ohio man from a position of practical obscurity in prohibition enforcement to one of commanding importance such as he occupied formerly as head of the prohibition unit. He will serve directly under Assistant Secretary of the Treasury Lincoln C. Andrews, whoso candidate for the place, John D. Pennington, was passed over because of tremendous pressure from dry forces throughout the country for Haynes. E. C. Yellowley, prohibition administrator for Indiana and Illinois, will remain at his in Chicago under the prohibition reorganization plan. Assistant Treasury Secretary Andrews said today. Retention for release of agents at local points will be entirely up to I’ellowley when the plan goes into effect April I. Yellowley’s friends here and in In--1 dlana had brought considerable pressure to bear to have him named prohibition commissioner. Among the indorsers are said to be numbered Senators Watson and Robinson and E. S. Shumaker, superintendent of the Indiana Anti-Saloon League. DIG OUT YOUTH ALIVE | Student Rescued After Being Burled Four Feet Deep in Cave-in. Athletic prowess helped save the life of Vernon White. 23, Indiana Central College student, who was buried alive in a ditch late Wednesday. White, with Bennett Fulp and Earl Lemme, also student athletes were Avorking at the Calvary United Brethern Church, State and Hoyt Ave. According to Dr. E. F. Boggs, the pastor. White was buried under four feet of earth, but was able to breathe from an air pocket about his face. Lemme, Fulp, and Robert Cass, arother workman, dug White out after he had been burled ten minutes.

STEAMER BELIEVED LOST Bv United Press PARIS, March 24.—Little hope was held In shipping circles today for the steamer Triton, which sent out SOS signals from a position 120 miles off Quessant Island, near the French coast, last night. A severe storm blew all night in that section. The tugs Ircise and Wilhelm Barendz were sent from Brest to seek the steamer. . , Lloyd’s shipping register lists the Triton as a 1,894-ton steamer, belonging to the Argentine Navigation Company. Its home port is Montevideo, Uruguay.

CENTS'

Muncie Prosecutor Says He Pointed Out Irregularities to Judge, Who Refused to Act JURIST BACKED COMMISSIONERS Selection of Wives of Men Under Fire Is Pointed Out “Crooked juries. ’ drawn for service by “crooked jury commissioners” deliberated in the court .of Circuit Judge Clarence W. Dearth ol Muncie, Joe 11. Davis, Delaware County prosecutor, testified before the Indiana Senate today. He told the judge his jury commissioners were crooked and were picking crooked juries, but Dearth defended the commissioners and refused to remedy conditions, Davis also testified as a witness in the trial of Dearth on impeachment charges preferred by the House of Representative.

I Davis testified he told the judge i he “mußt be very dumb” If he did j not know the Jury commissioners were crooked. This made Dearth very angry, Davis said, and later the judge dared him to repeat the charges in his courtroom, where he was more than a "common citizen.” State Near End Dearth was the only witness heard at this morning's Senate session. House board of managers, presenting the State’s evidence against the judge, hoped to present the remainder of their witnesses this afternoon. Principal witnesses to be heard are Deputy Prosecutor Paul W. Brady, Clerk Perry Mansfield, Treasurer Ira J. Wilson, and Lon Guthrie, all of Delaware County. Francis A. Shaw, special deputy prosecutor and former president of l the Delaware County Bar Association, also was to be recalled to the stand. “Crooked Juries” Telling hoAV Judge Dearth came to his office on the evening of Feb. 19, 1927, and asked that he be sworn to an affidavit, Joe H. Davis, Muncie prosecutor stated: “I told the judge after he had been sworn to the affidavit that I wanted to talk to him about the juries and the jury commissioners. “I said, judge, the jury cotiunissioners are rrooked,’ and the judge replied, ‘I know they are not.’ “Then I said, if I can show at least twenty-five violations of the Jury law since Jan. 1, will you believe It then and t'bcharge them?’ He replied that he would not discharge them. “I told him that if lie did not know they were crooked that lie must be very dumb. “He then said that he wns no dumber than 1 was, to Avliich I replied, ’then you must know that they are crooked.* ” In reply to questions by Representative Delph L. McKesson on behalf of the House hoard of managers, Davis stated that he based his Statements to Dearth on a confession of error it was necessary for the State to file in a libel case against Georgo It. Dale, editor of the Muncie P/ost-Democrnt, because “it looked to the prosecutor's office that the Jury which convicted the defendant was packed.”

Describes Members Taking up the members of the jury in detail Davis asserted that he had but little faith in Lula Sample, a Juror, hecauso the defendant had “razzed” the sample family in his paper for their political activities. "To my mind, the mind of my deputy and others, she was not a fit person to sit on that jury,” Davis said. The father of Road Supervisor Owen Helvle was on the jury, Davis said, and view of local conditions should not have been permitted to serve, ho said. The libel suit had been tried when Van Ogle, now Dearth counsel, was county prosecutor. Grover Eppards, who had handed the defendant. Dale, a card at a meeting of the Muncie city council which read, "Keep your damned nose out of other people’s business,” alsq sat on the jury which convicted. "How did you know that the Jury commissioners were not right?” queried McKesson.

“The coroner had held one Pete Barlow for murder of Edgar ‘Ttny’ Vorheea. The police department had been charged with protecting Barlow’s gambling house, at the foot ot whose stairs Vorheea was found In a dying condition from blows. The grand Jury svas called to Investigate the killing under the verdict of the coroner. Some of the gTand Jurors were excused and the Jury commissioners drew to fill the vacancies.

“They drew Grace Jones, wife of the police chief; Francis Peterman, wife of the night sergeant of police; Mrs. Sue Beadle, wife of a detective sergeant, and Hattie Barlow, a relative of Pete Barlow.” “On the same day in another Instance the jury commissioners drew the names of their own wives to sit on the Jury,” was Davis' reply. “What, If any, other facts do you have which caused you to state that the Jury commissioners were crooked?” asked McKesson. The witness said that he had made a complete check of the tax duplicates of the county to verify the allegation that many names were being drawn in violation of the law

Forecast Mostly cloudy tonifjlit a: 1 Friday; not much change in temperature; lotvest tonight freezing or slightly above.

TWO CENTS

MARION COUNTY

Wednesday afternoon’* Dearth trial testimony is printed on Page 3 of this issue.

! which states that before being placed in the Jury box the name must appear on the tax duplicate. Davis testified that of 368 names drawn in 1925, seventy-five were not lon the tux duplicates. In 1926, 23,> 1 names were drnwn, of which sixtyI seven were not on the duplicate, i So far In 1927, eighty-seven numea I have been drnwn and twenty-seven of these were not on duplicate. I At this point Devis explained that ,of the eighty-seven names that of I Ethel Clark appeared twice, as Him I was drawn twice in less than I ninety days. j lie quoted figures showing that a large number of persons had their names drawn twice for Jury service , in the same year in violation of the law. Several Instances were aworn to by Davis where the same person was drawn for Jury service three times in a year.

Cross-Examined | Cross-examined by Federitk Van j Nuys. chief defense counsel, Davis remained very calm whlls the i veteran attorney tried to show that Ihe (Davis) lind been remiss in his | duty. Van Nuys seemed to stress tha 'fact thnt Davis had '.entitled before j Judiciary “A” commute* of the j House of Representatives, without I having been subpoenaed. Davis | described for Van Nuys how the ; Pete Barlow Investigation was ; carried on, and the attorneys for i Dearth sought to get the witness to testify so that blame would fall on j his own shoulders. Frequently the names of Van Ogle. noAV Dearth's counsel, wus brought I Into the questioning. Clarence Benndum, former Ku-Klux Klan orgonlzer nnd a Muncie attorney ; friendly with the court, was named | as being of Barlow counsel when the ; grand Jury was going Into the el* ; legod murder. Davis admitted that hardly enough | evidence had been presented to tho | grand Jury for an Indictment against Barlow, but stated thnt was | liecauso the police did not try to get j any evidence, and had been charged j with protecting the place. I Attorney Moses B. Dairy, for the defense, did not want Davis to say what the law on selections of Jurors I was, but his contention was overi ruled by the presiding offies.

Dared to Repeat Continuing telling of his conversations with Dearth at various tlmeo, the young prosecutor told hiw on the Monday following his talk with the judge In the prosecutor’* office, the accused jurist had called httn to the bench In the courtroom and wild: “I’ll dare you to say now what you said to me In your office. I’m the court here and dowp there I was only a common citizen.” Amid the laughter from the Senators nnd a large gallery, Davis said that he had made no response to this. Not on Duplicate On the question of the number of Jurors drawn whose names were not on tax duplicates the following testimony was given: "How many Jurors were drawn from the Jury box In 1923?” “Ninety-nine names drawn." “How many of these were not on tax duplicate?” “Eleven not on duplicate." “How many drawn In 1924?" “Two hundred and three." “Out of that number how many were not on tax duplicate?" “Fifty-five."

Defense Plans Secret Plans of defense attorneys hate been carefully guarded. Members of counsel are Van Nuys. LaJrjr and Ogle. The latter wan a former pros ecutor under the Dearth regime, with William Ryman, friend of tha Judge, as his assistant. It has been learned that Mayor John C. Hampton, Muncie. has been subpoenaed as a defense witness. Ho was a close friend of Dcnrth and was named with him tn the article appearing In the Muncie Post-Demo-crat, which aroused the Judge’s Ire and started his war on th* newsboys. It Is believed the defense will be one of mitigation, rather than denial. Cross-examination of witnesses been extremely limited, even in where the facts related were mo-a damaging.