Indianapolis Times, Volume 38, Number 304, Indianapolis, Marion County, 29 March 1927 — Page 1

Home Edition Salesman Sam Is Back on The Times Comic Page. He’s in Trouble as Usual Today.

VOLUME 37—NUMBER 304

JUDGE ORDERS STEPHENSON TO CITY

Dearth Explains Acts Before Senators

Judge Admits Incidents Charged in Impeachment Case, But Offers Explanations ■t Circuit Judge Clarence W. Dearth of Muncie took the wit■s stand before the State Senate today and fought for his Hfht to continue upon the Delaware county bench. W The judge admitted circumstances which the Indiana House of Representatives charged constitute grounds for his impeachment, but offered explanations for each admission.

The defense Is expected to rest late today or Wednesday. The Senate will vote before the end of the week. Dearth is charged with confiscating the papers of Muncie newsboys because he did not like an article the papers they sold printed about him, and with permitting glaring irregularities in jury procedure in his court. Admits Land Deal The judge admitted before the Senate that he knew Jacob Cavanaugh, one of his jury commissioners, was not qualified when appointed because he was not a freeholder. The judge also admitted that he sold Cavanaugh a bit of ground so Cavanaugh might bo qualified several weeks after the appointment. Had Brief Prepared Dearth admitted that he talked with Deputy Sheriff Thomas Inlow about the right of the sheriff to summons ‘‘pick-up” jurors iy tele-

Monday afternoon’s Dearth trial testimony is printed on Page 11 of this edition.

phone, but said that he had Attorney Will White, father of Charles and Walter, former and present court reporters, draw a brief on the subject. He admitted making jury lists on yellow paper during the impanelling of a jury to try Charles (One-Arm) Wolf, for murder as stated by Attorney Francis A. Shaw, but said that the names were for a list to whom he desired to send copies or reprints of a speech he had made on juvenile work. The judge explained his conversation with Judge Robert F. Murray of the Delaware-Gran t Superior Court in a different way than testi(Tum to Page 12) Girls Terrorized by *Panther Man* Bv United Press TERRE HAUTE, Ind., March 29. —Terre Haute’s mysterious “panther man” reappeared in the north end residential section last night and terrorized four young women. As Esther Kline and Wilma Schmittler were passing an alley, the man suddenly leaped upon them. Miss Kline was thrown heavily to the ground. The girls screamed and the man fled. As police searched the vicinity, Elizabeth Brown and Lois James were accosted in Hemingway Park a half hour later. With only a grunted exclamation, the lone assailant leaped through the air like a football player. Miss Brown and Miss James beat him off with their fists. BEFORE SAFETY BOARD Patrolman, Fireman and Market Stand Holder on Trial Today. Patrolman John T. Welsh was to be tried by the board of safety this afternoon on charges of ticket scalping at the State basketball tournament at the State fairground. Fireman James McHugh faced trial on charges of drunkenness and disorderly conduct, and Mrs. Emma Herd, a city market stand holder, was to be tried on a charge of cursing a customer. Formal charges were to be placed against Patrolman Homer Daily, who was suspended by Police Chief Claude F. Johnson Sunday, charged with giving intoxicants to a minor.

Times to Conduct State and City Spelling Bees

The Indianapolis Times will send some Indiana boy or girl to compete in the great National Spelling Bee to be held in Washington in June. That boy or girl will win the honor of the State championship and the right to compete in the national bee at a contest to be held in this city about the middle of May. The city of Indianapolis will have eight entries for the State championship. For the purpose of selecting these eight contestants, a committee of teachers working with the cooperation and under the direction of Acting Supterintendent of Schools James F. Thornton has arranged rules for contests in the different grades. The winners will come from the fifth, sixth, seventh and eighth grades of the public schools. There will be a preliminary contest in each of these grades in each building, then a contest for winners in each building

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Entered as SncoDd-Class Matter at Postoffice, Indianapolis

SAPIRO DESCRIBES MARKETING PLAN AT LIBEL TRIAL Plaintiff in Suit Against Henry Ford Still on Witness Stand. Bu United Press DETROIT, Mich., March 29. Aaron Sapiro today gave the jury in his libel suit against Henry Ford for a million dollars a short course in cooperative marketing. He resumed his testimony on his own behalf when the morning session of the trial. Sapiro gave the jury this definition of a cooperative marketing association: “A cooperative marketing association is an organization by which farmers get together to sell their products through a central office, taking in as many growers of one product as can be reached geographically.” Associations organized on a locality basis rather than on a basis of the commodity handled have usually failed, he said. He decsribed in detail how he evolved his plan, citing frequently the California Associated Raisin Growers, the California Walnut Growers and others of the older California cooperatives as examples. Senator James A. Reed of Ford's counsel finally interrupted what he called “this lecture on cooperative marketing.” He demanded that some limit be placed upon the witness. The court permitted Sapiro to continue. Reed continued to protest, but was overruled. He told of some of the early troubles of the California cooperatives, including an Instance when he said the Raisin Growers’ Association had agreed to pay growers 2 cents a pound and the price on the market at Fresno, Cal. went below that figure, causing heavy losses. This led to a revision of the agreement between growers and the association eliminating the price guarantee. Exceeds 203 Miles an Hour in Auto Bn United Press DAYTONA BEACH, Fla., March 29.—Maj. H. O. D. Seagrave, British racing car expert, today set three unofficial wmrld’s records, driving an automobile faster than any man ever has done before. Seagrave's “Sunbeam” was clocked at a speed of 201.711 miles an hour for one kilometer, 203.841, for one mile and 203.616 for five kilometers. The official record for one kilometer, held by Malcolm Campbell, is 174.22 miles an hour; for the mile, 173,883. PIONEER STOCKMAN DEAD Bn Times Special GREENSBURG, Ind., March 29. James G. Robbins, 98, pioneer stockman and one of the first breeders in the county of shorthorn cattle, died at his home here. GAS FOILS BANDITS Bn Times Special FRANKFORT, Ind., March 29. Yeggs made a mistake when they attempted to blow the safe of the Hillsburg Bank, near here. An acetylene torch they used set off a tear gas bomb, routing them.

Three Held After Kidnaping

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Virginia Josephine Frazier Bn United Press CHATTANOOGA, Tenn., March 28.—A man and two women were held today by authorities investigating the kidnaping for ransom of 2-year-old Virginia Josephine Frazier, daughter of Fred B. Frazier, mayor pro tern, of Chattanooga. The baby was returned unharmed Sunday night after Frazier had paid $3,333 as directed in anonymous letters to a masked Negro youth. Frank A. Baskett, former policeman, whom Frazier defended eight years ago on a charge of murdering his brother-in-law, was arrested yesterday. Mrs. Annie Tominson and another woman whose name was not divulged were also arrested.

NEW AID TO COOLIDGE Colonel Blanlnn of Mitchell CourtMartial Fame Given Place. Bu United Press WASHINGTON, March 29.—C01. Blanton Winship, law officer in the court-martial of Col. William Mitchell, has been appointed military aid to President Coolidge, it was announced at the White House today. Winship will replace Col. Sherwood Cheney, who desired active duty in the engineering corps. ROUMANIAN KING WORSE X Ferdinand Reported in Critical Condition From Cancer. Bu United Press BUCHAREST, March 29.—King Ferdinand's illness became crtical today and it was reported that the royal family would cancel plans to visit Italy and Sicily next month. Ferdinand suffers from intestinal cancer and his illness became so serious during Queen Marie's recent visit to the United States that she was summoned to return home. DRIVER SERIOUSLY HURT Elmer Hutton, 19, Injured in Accident at Union Stock Yards. Elmer Hutton, 19, of 201 Bakemeyer St., employed at the Indianapolis Abbatoir Company, was injured internally and is in a serious condition at Indiana Christian Hospital as the result of an accident at the Union stockyards early today. Police said he was driving a tractor pulling a trailer loaded with cattle when a pin connection broke and the tractor crashed through a fence.

j and a later contest for the winners in the eight zones which | are to be announced later. Contestants from other counties will be chosen with the cooperation of newspapers in these counties, working under the direction of The Indianapolis Times. The great National Spelling Bee at Washington is an established event, but heretofore Indiana has had no representative. | * v The winner of the National Bee is awarded not only the high honor of national championship but receives a prize of SI,OOO. There are other awards for those who win second, third and other places. The National Spelling Bee is sponsored by a group of leading papers of the United States. It was first launched by the Courier. Journal of Louisville, which has invited other ) papers to cooperate.

INDIANAPOLIS, TUESDAY, MARCH 29, 1927

U. S. URGED TO STRONGER CHINESE ACT American Minister Asks Move to Prevent Riot Like Nanking’s. BULLETIN Bu United Press HONG KONG, March 29.—Briffell armored cars and additional artillery and infantry were ordered to Shanghai today. PARIS, March 29.—France today moved to reinforce her armed guards at Shanghai. The Quui D'Orsay announced that a battalion of Annamites was leaving Indo-Cliina for Shanghai. Bu United Press WASHINGTON, March 29.—American Minister Mac Murray transmitted to the State Department today recommendations of American officials at Nanking that “some action sufficiently strong” to prevent repetitions elsewhere of the Nanking riots be taken. Mac Murray described the Nanking outrages against Americans as worse than at first reported, “there being two known cases of attempted but unsuccessful criminal assaults upon American women.” Destroyer to More The American destroyer William B. Preston will leave Shanghai tomorrow for Chefoo at the request of the United States consul there. The destroyer Pillsbury is reported by Admiral Williams as proceeding up the Tangtze to evacuate missionaries at Nantinchow and neighboring places. Rear Admiral H. H. Hough of Nanking fame, commander of the Yangtze river patrol, reported to Mac Murray that “the situation at Wuhu is worse; trouble is stirring up and may be expected at any moment.” The most widely advertised military movement of its size in history—that of a handful of United States marines to China—was under way today at three points along the Atlantic seaboard. The March of the 10,000 Greeks, over which the freshman Greek student cons laboriously, Hannibal’s advance upon Italy, Napoleon's campaigns into Italy, Egypt and Russia—none received the publicity attending the long trip to China of the 1,500 marines. They start today—and the world knows. The first contingent leaves from the home base at Quantico, Va., this afternoon, two train loads pulling out for San Diego at 2 p. m. Two other trains will take the remainder of the Quantico allotment tomorrow. Four special trains will leave Philadelphia at 1 p. m. tomorrow carrying the 964 marines concentrated there. Those from the (Turn to Prge 12) > WIFE, 19, IS MISSING Mother of Anna Wagoner Asks Police to Aid in Search. Police were asked by Mrs. Blanche Whitehouse, 3855 Spann Ave., to search for her daughter, Mrs. Anna Wagoner, 19, missing for three weeks. The mother told police she had traced her daughter to 133 N. East St., where she had lived. Fred Koerner, 38, has been missing from his home, 2102 Prospect St., since Friday, police were told by his sister-in-law, Mrs. Joe Koerner.

HOURLY TEMPERATURES 6 a. m 35 JO a .m 45 7 a. m...... 37 11 a. m...... 47 8 a. m 41 12 (noon) .... 51 9 a. m 44 1 p. m 51

WIFE WITNESS AGAINST MATE; YET LOVES HIM

. ‘ V : >v a love affair is blamed. - - /y- ■ BUCKETS SAVE TOWN

Above: Grover Foil*, on trial on a murder charge, and Ills daughter, Marie Wail eta, 7. Below: Mrs. Foltz. Daughter, 7, Sits on Lap of Defendant in Murder Trial. By Kldora Field She loves her husband. She wants more than anything in the world to see him freed on the murder charge on which he is on trial for his life. Yet Mrs. Ruth Foltz. 30, is in the difficult position of being the prosecution's principal witness against her husband, Grover Foltz, 30, on trial In Criminal Court for the murder of Malcolm Grayson, 32. The selection of the jury was finished Monday. Died Immediately Grayson was shot, dying almost immediately at the former Foltz home, 228 E. Wyoming St., Nov. 15, when it is alleged, Foltz came home and discovered Grayson conversing with Mrs. Foltz relative to renting a room. The woman and her daughter, Marie \\ anetu, 7. were eye witnesses to the tragedy. The child, being too young to be called as a witness, leaves the wife’s account of the tragedy of extreme importance. Condemned Mate Following the murder, Mrs. Foltz bitterly condemned her husband’s action, saying he had acted like a ''beast" and had "killed her love for him by shooting an innocent man.” But the intervening months have caused the wife to rally to the support of her husband. "Oh, I don’t want him to suffer for this," she said Monday at the close of the first day's trial. "He shouldn’t get a heavy sentence for the shooting because he thought he was nietely protecting me." “I can't say what I mean by that (Turn to Page 12)

The paper in each state so selected pays all the expenses of the State winner, including the fare of a chaperon to accompany the boy or girl. The winner of each State championship is given an op portunity to see Washington. The contestants are received by President Coolidge. They are taken to the historic spots of the national capital. The National Spelling Bee has the enthusiastic indorsement of the National Education Association, the ParentTeacher Association, the State superintendent of instruction and school authorities in every State in which such contests have been held. The former National Spelling Bees have had no State champions from Indiana. The honors have gone elsewhere. But this year The Times makes it possible for this State to send a contestant to compete with the boys and girls of other States

Outside of Marion County 12 On!s Per Week. Single Copies

Girl Divorced at 14, Attempts Life Bu Times Special BEDFORD, Ind., March 29. Physicians today said that Mrs. Gladys Eker, 14-year-old divorcee, who attempted suicide by shooting herself, will live. Despondency over a love affair is blamed. BUCKETS SAVE TOWN Brigade Battles Fire at Oliio Kiver Town. Bu Times Special CORIHXJN, Ind., March 29.—A bucket brigade prevented serious loss at Laconia, on the Ohio River, when fire broke out in the business section. The Odd Fellow’s hall, two storerooms and a barber shop burned with a loss estimated at SIO,OOO. Caution Results in Few Mishaps Police today were encouraged in their drive to cut down accidents to school children during spring vacation week by the fact that so far no children of school age have been injured in accidents. - Six motorists were arrested in a drive to cut down speeding and reckless driving. Six drivers were charged with other traffic violations. Twelve children found playing in the streets, were escorted to their homes by Sergt. Frank Owens of the traffic department. The children and their parents were reminded of the dangers of using the streets for playgrounds.

Spring Vacation Accident Score In 1925—Tw0 children were killed and fifteen injured during spring vacation. In 1926—0ne child was killed and seventeen injured during spring vacation. This week: Killed 0 Injured 0

THREE

Superior Jurist James Leathers Issues Forthwith Subpoena for Convict in Civil Case WARDEN DALY SEEKS OPINION Irvington Property Issue—Attorney, Ex-Secretary to Testify D. C. Stephenson, former grand dragon of the Indiana Klan, now serving a life term in Indiana State Prison for murder of Miss Madge Oberholtzer, Indianapolis, today was ordered to appear forthwith in Superior Court One here by Judge James M. Leathers.

A forthwith suhpoeana for his appearance was sent to the sheriff of La Porte County. Informed of the subpoena over long distance telephone. State Prison Warden Walter H. Daly said he likely would ignore the order. “It U my opinion that I do not have to obey such an order in a civil case. However, I’ll ask an opinion from the attorney general," Daly declared. The subpoena was issued on behalf of Mrs. Mettie Stephenson Brehm. Oklahoma City, Okla., who Is suing Stephenson for $10,600 for support of their daughter, Florence Katherine. Porperly Issue Judge Leathers issued the order on a motion of Floyd Mattice, attorney for Mrs. Brehm, asking that the former Klan leader be present in court to testify as to whether or not he owns property in Marion County, The property contested is at 5432 University Ave., and is now held by Attorney Ira Holmes. The residence is being used as a fraternity house. According to Holmes, Stephenson was In debt when convicted and turned the place over to the attorney for liquidation of his debts. Asks Butler Appear Mattice also filed another motion asking that Holmes and Fred Butler, stephhnson’s former secretary, appear In the court at 9:30 a. m., April 8. and testify as to whether or not Stephenson owns the property. Several months ago, when Herbert Wilson, receiver for Hoosier Tailors, Inc., attempted to have Stevenson brought before former Judge Sidney S. Miller in Superior Court Three to testify if he had property here, Gillfom ruled that Stephenson could not be brought in court to testify in a civil matter. Brought Before Jury Stephenson, however, was taken into court after he had been brought here last fall to testify before the Marion County grand jury, in Its probe into alleged political corruption in Indiana. The order issued calls for imme-

Coolidge Decides on Wisconsin Vacation Bu United Press WASHINGTON, March 29.—President Coolidge has decided to go to Wisconsin on his vacation. Two secret service men of the White House staff now are in the West looking over the places to which the President has been invited and they carry orders to find a place in the La Follette stronghold if it meets the necessary requirements. Their favorable reports are expected within the week and an official announcement may be made by the President within a few days later. PAVING PROJECT LEGAL City Attorney Upholds Plan for Shelby St. Improvement. In an opinion given to the board of works today City Attorney John K. Ruckelshaus said it would be legal for the hoard to pave Shelby St. from Hanna Ave. to Troy Ave. under the connecting link law. This law makes it legal to pave a connecting strip of roadway between a principal city street and a principal State or county highway. Ruckelshaus declared waivers should be signed by ail the property owners to be assessed for the improvement to avoid legal entanglements.

for this high honor and much worhwhile prize. And every boy and girl will have a deeper incentive for study. From day to day The Times will print the rules. The contests in school rooms and buildings and in districts will have for the purpose the picking of a winner who will be the best speller. The great National Spelling Bee is conducted along the lines of the old-fashioned bee of the days of the little red school house, an institution that helped to produce great men for their day and generation. The final spelling bee in this oity to determine the State champion will bring together the eight Indianapolis zone winners and the one winner from each of the counties which participate. , Next June the attention of the State will be centered upon the boy or girl who wins the chance to compete at Washington. ..

Forecast Showers probable tonight and Wednesday; warmer to. night.

MARION COUNTY

TWO CENTS

CENTS

diate appearance in the local court after it is servei. on Warden Daly at Michigan City by the La Porte County sheriff. Judge Leathers indicated that since the order was sent by mail it probably would not be served until Wednesday. The order contains a copy of the motion asking for Stephenson’s appearance. Several hearings have been held | before Leathers on the matter and 1 Holmes testified previously that he had supplied Stephenson’s bond when the latter was arrested on the murder charge. Holmes, however, did not say whether or not this bond was supported by property of Stephenson. Officials of a local bond company also testified to making the bond out for Stephenson over Holmes’ signature. Wife Remarried This bond was canceled after Stephenson began serving his life term. According to the complaint filed by Mrs. Brehm, she married Ste-, phenson in Oklahoma City, March 26, 1915. She charged he left her and for some time contributed $5 a week to support of the child. Later, it is alleged, he ceased payment. The child w-as born in May, 1916, and on March 24, 1919, t.he woman was remarried to Homer M. Brehm. _ * FILE BRIEF IN APPEAL Attorneys Cite Contentions in Habeas Corpus Petition. Stephenson's attorneys today filed a brief in the appeal from habeas corpus proceedings in the La Porte County Court with the Indiana Supreme Court clerk. The brief sets forth the contentions on which the habeas corpus was asked, contending that the Hamilton County Court was without jurisdiction in sentencing Stephenson in that the transcript in the change of venue from Marion County was not signed by rion court clerk. The ease was heard in City Dec. 23, 1926, before SupJVB Judge Harry L. Crumpacker, whU denied the petition for the habeas corpus writ. Stephenson appeared and made an Impassioned plea.

Alexander on Times Sport Page Grover Cleveland Alexander. hero of the 192 ti world’s series, has written a scries of twelve articles for The Indianapolis Times, which will appear daily on the sports pages starting Wednesday. Alexander’s revelations of his sixteen years in the National League will interest all baseball fans and will he of special interest to amateur ball players in particular.