Indianapolis Times, Volume 38, Number 318, Indianapolis, Marion County, 14 April 1927 — Page 1

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VOLUME 37—NUMBER 318

BRIBE OF $2,600 OFFERED GRAND JUROR IN POLITICS QUIZ, CHARGE

CARROLL’S CONDITION HOD GRAVE Case of Prison-Bound The- ) atrical Producer Puzzles Doctors. Bu United Press GREENVILLE, S. C., April 14. Earl Carroll today remained in a mysterious state of coma from which all efforts during the last twenty-four hours have failed to waken him. His condition is "very serious.” Dr. C. O. Bates and Dr. R. C. Bruce, attending phvsicians, admitted they were r..:.,uussed by the young "Vanities” producer’s condition. Neither would ascribe it to a nervous collapse. Both considered their patient’s condition serious. James Carroll, brother of Earl, remained at the bedside during the night. He told the United Press today! “my brother lies numb as a corpse.” Doctors and nurses were in constant attendance at his bedside, and as yet have been unable to determine the cause of the strange malady. They said his condition continued "critical.” Wife Arrives kits. Carroll, wife of the young producer, arrived at the hospital this morning, after a speedy trip from .Vow York. She was ushered into the room occupied by her husband and immediately started sobbing. Carroll was stricken early yesterday while en route with twentyseven other prisoners to the Atlanta federal penitentiary, to which he as sentenced to serve 366 days for Berjury. Taken off the train here, was rushed to Greenville City Hospital. In Coma 27 Hours The first indication of improvement in the condition of the producer came shortly after 10 a. m., when doctors announced: “He is beginning to move restlessly. Til's would seem to indicate improvement. He has also been given some slight nourishment." He was still unconscious, making twenty-hours that the mysterious malady has kept him in a state Os coma. ADVISED" OF ILLNESS Justice Department Acknowledges Formal Notice. Hi/ United Press WASHINGTON, April 14—The Justice Department stated today it had been formally advised of the Illness of Earl Carroll, prisoner en route to Atlanta, and that the marshal in charge would see the New York man was given proper care. Attorney General Sargent has studied Carroll’s recent application for executive clemency, but he sees now no reason for Federal Government Intervention, it was said. AUTOS HURT TRACTION Ft. VVayne-Decatur Line Petitions —for Abandonment—Revenues Drop. W Inroads of the automobile on passenger and freight traffic is given as the reason for a petition of the Ft. Wayne and Decatur Traction Company to abandon their road, which covers twenty-two miles between the two cities. The petition was filed today with the Indiana public service commission. It points out that In 1924 130,195 passengers were transported, while last year the number dropped to 102,204. They ask permission to hell one and one-half miles of the line in Ft. Wayne to the street railway company for $5,000.

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Here Is the Law for You, Judge Criminal Judge James A. Collins said today lie never had heard of such a motion as Prosecutor Reniy presented today asking discharge of the grand jury. Here Is the law, upon which Remy based the motion: Sec. 1958, Burns Revised Statutes, 1914—Whenever in (lie opinion of the court, the grand jury has been in session long enough, and the public interest re<iuires that it should adjourn, it shall be the duty of such court to make an order declaring such grand jury adjourned.

BRANDS CHECKS BOGUS Trustee’s Officer Finds Wards Are Being Victimized. Township trustees issue no checks to township wards. This announcement came today from Mrs. Francis Spaulding of Center trustees’ office. It was to serve as a warning to persons who have received "checks” supposedly from that office, that the "checks” are worthless. Mrs. Spaulding notified police after Mrs. Bessie Smiley, 33, Negro, of 1030 Talbott St., handed her a check for $3 which had been returned by the bank, upon which it was drawn, marked “No Funds.” She said the check was given her on March 29 by a man representing himself to be from the trustee's office, who declared that checks were issued instead of orders for groceries. EX-POLICEMAN ACCUSED Negro Obtained Money Under False Pretense, Judge Wetter Is Told. George Tanzy, 31, Negro, former policeman, was bound over to the grand jury today by Municipal Judge Paul C. Wetter on charges of impersonating an officer and obtaining money under false pretenses. His bond was set at $2,000. Nelson Wells, 870 Darnell St„ testified that Tanzy called him and, saying he was Patrolman Claude White, advised Wells he wanted to borrow $lO and would send a messenger after the money. The messenger was given the money and carried it to, 'tanzy, the court was told. ARMS PARLEY TO FAIL House Naval Chairman’s Forecast After White House Visit. Hi/ United Press WASHINGTON, April 14.—Failure of the three-power naval limitation conference proposed by the United States was predicted today by Chairman Butler of the House Naval Committee after a call at the White House. The United States. Butler said, has no ships to sacrifice and therefore will lack power to influence arms limitation in the conference. This government was able to force disarmament at the 1921 conference, he explained, because It had a strong Navy. INCE SEEKS DAMAGES Movie Director Asserts Magazine Defamed Him; Asks SIOO,OOO. Hu United Press LOS ANGELES, April 14.—Charging defamation of character, George E. Ince, motion picture director and actor, has filed suit for SIOO,OOO damages against the Hollywood Filmograph, screen magazine, and Harry Burns, asserted published. , Ince filed the suit yesterday In connection with publication in the Filmograph of an article attacking “movie schools” as fakes. He claimed that in the particular article he was named as "director general” of one of these schools. STORM DEAD REACH 60 Fear Oilier Bodies May Be Found at Rocksprings, Texas. Hu United Press ROCKSPRINGS, Texas, April 14. —Rocksprings continued its search for storm dead today. The known list was definitely placed at 60 and 160 injured had been accounted for as a result of Tuesday’s tornado. Os the injured, a score may die. Army and civilian surgeons and doctors caring for the injuries fear that more dead may be found in the debris. 21 Teeth Out; Dies Hu United Press STAMFORD, Conn., April 14.—Extraction of twenty-one teeth today was believed to have caused the death of Harold Faucett, 42, a pharmacist. Two days after the teeth were removed, he became violently ill and died within forty-eight hours. Patsy ‘Forgot’ Hu United /’>•<** VAN NUYS, Cal., April 14.—Patsy Ruth Miller, screen actress, today was sought by police on a warrant issued when she failed to appear tto answer to speeding charges.

Their Dismissal Asked by Prosecutor

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Members of the Marion County grand jury which Prosit utor William If. Remy today asked be dismissed: Front row (left to right): Claude Achey, S. S. Sutton, Charles L. Clark, foreman; Miss Anna K. I.eistner, stenographer. Standing: l u'e Williams, James F. Chamberlin, ,|. P Van Camp, W. 11. Slieaffer, deputy prosecutor, and Prosecutor Remy.

26 MEN SAFE IN FLOODED SHAFT Creek Waters Flow Into Oklahoma Mine. Hu United Press HENRIETTA, Okia.. April 14. Twenty six miners trapped 110 feet under ground In the shaft of the “Old Wise” mine, one mile from here, are all alive and awaiting rescue, according to word from mine headquarters here today. Communication with the trapped miners was established through a drill hole shortly after noon and word was passed up that all men had escaped drowning when the waters of McDonald Creek rushed down tie shaft. APPEAL MANAGER CASE NEXT WEEK Workers Continue Election Plans at Friday Meet. t Preparations were being made by city manager movement attorneys today to appeal to the Supreme Court, early next week, their fight against the Sims amendment to the city manager l#w. The Sims amendment, passed by the lest Legislature, prohibits the city manager form of government from becoming effective during a mayor’s term of office. It was presented to Governor Jackson for his signatur within two days of the close of the session and is therefore void, manager attorneys contend. Judge Hary O. Chamberlin granted the appeal to the Supremo Court after dissolving a temporary order restraining Secretary of State Frederick Schortemeier from publishing the amendment. While legal artillery is being placed city manager committees will meet Friday noon to plan their election campaign. The finance committee will meet with the executive committee Friday noon. 1,998 IN KINDERGARTENS Report on Indianapolis Attendance Made at Trustee's Meeting. Report on free kindergartens at the meeting of the board of trustees of the Indianapolis Free Kndergarten and Children's Aid Society showed 1,998 children in attendance during March. The report was made by Miss Bertha Wallace acting superintendent. The meeting was held Wednesday at the William N. Jackson Memorial Bldg., Twenty-Third and Alabama Sts., with Mrs. David Ross, president, presiding. L Titanic Disaster Date Hu United Press WASHINGTON, April 14.—The coast guard cutter Modoc today 1 eld memorial services off the Grand Banks, Newfoundland, commemoi-at-ing the fifteenth anniversary of the sinking of the giant trans-Atlantic liner, Titanic, by an iceberg with heavy loss of life.

Hourly Temperatures 6 a. m 40 10 a. m 47 7 a. m 40 11 a. m 49 8 a. m 41 12 (noon) .... 52 9 a. m 43 1 p. 52

INDIANAPOLIS, THURSDAY, APRIL 14, 1927

JUROR ACHEY’S SIGNED BRIBERY STATEMENT

April 9, 1927. My name is Claude Achey. I am a member of Ihe Marion County Grand Jury, for the January Term, 1927. Since I have been a member of the Grand Jury in the investigation of the alleged “political corruption charges” I have been approached by a man by the name of James Armitage. He asked me to favor John L. Duvall, regardless of what the evidence was—whether legal or just—and not vote to indict John L. Duvall, the Mayor of the City of Indianapolis, Indiana. This was a verbal conversation, taking place the- first time about the first part of March, 1927. I have met him since that and have seen him about five or six times. He offered me Two Thousand Six Hundred Dollars ($2,600.00), and that was to he paid by depositing the same in a bank, and a job which would take effect Yhe first Monday after this Grand Jury adjourns. The Two Thousand Six Hundred Dollars ($2,600.00) was to be good faith money to show that I was to get the job the first Monday after the adjournment of the Grand Jury. The last time I saw him after I turned the proposition down, the next day or two afterwards, he told me it had fallen through and he could not fulfill the agreement. He said there would be other members of the Grand Jury to go with me. He said somebody had gotten them to go with me. He said lie had two members of the Grand Jury and would need one more. He said he was representing John L. Duvall. (Signed) CLAUDE ACHEY. Subscribed and sworn to this 9th day of April, 1927. (Signed) WILLIAM H. REMY.

CONSTABLE BOND-JUMPER ENDS TRAVELS IN JAIL Tip From Former Wife Brings John W. Taylor’s Arrest at Greencastle—To Serve Thirty-Day Sentence.

John W. Taylor, 39, bond-jumping constable and "globe-trotter,” was back in Marion County jail today after a runety-day sojourn in Mexico, Cuba, Bermuda, Canada, Florida and California. • The former constable was caught Wednesday night in Greencastle, Ind., in a trap he unknowingly set for himself by arranging to meet his former wife, Mrs. Roxie Taylor, who, fearing he might try to harm her, informed the police. Arraigned before Judge John W. Holtzman in Criminal Court, where he jumped bond three months ago after conviction last December With Ned Russell and Jack Fisher, two other former constables, for violation of the liquor law, Taylor was refused anew trial, order to pay his fine of SIOO and costs and serve his thirty-day sentence at the State Farm. 1 IJquor Violations They were charged with possession of liquor after they arrested former officials of an auto company at 215 E. New York St., and claimed the liquor was found in the company’s office. When the constables brought the evidence beforfe the Marion County grand jury they were indicted. Russell and Fisher have been granted aView trial, but Taylor was on bond awaiting decision on his motion for a second trial. Wired His Ex-Wife In telegraphing Mrs. Taylor, to meet him at Greencastle, the former constable gave a signal awaited by police. She told Deputy Prosecutor John L. Niblack of the telegram, sent from Chicago. Detectives Grover Hinton and Jesse McMurtry, took W. R. Beard. Taylor's bondsman, to Greencastle and awaited. Presently Taylor drove up in a car with a Florida license, according to McMurtry. When arrested by Sheriff Edward Eiteljorge of Putnam County, a quart of liquor was found in the car, according to McMurtry. Taylor was then brought to In-

dianapolis and lodged for the remainder of the night in the "bullpen." He gave his address as 526 N. Delaware St. The car and liquor were confiscated by Putnam County authorities, McMurtry said. DISABLED SHIP DOCKS No Heat or Light lor 165 Passengers During Twenty-Four Hours. Bu United Press PHILADELPHIA, April 14.—With her boilers disabled the coastwise passenger steamer Mary Weems en route from Palm Beach to New York, was towed into port here today with her 165 passengers little the worse for twenty-four ’hours without heat or light. The Weems, which burns oil fuel, was forced to anchor off the Delaware Bay. Tuesday night after vainly trying to steam with a fuel oil too heavy for pumps to force through the furnace burners.

Call for Lists of Grade Bee Winners Just a minute, principals! That's about all the time it will require to fill out and mail the lists bearing the names of Grade Spelling Champions in the city schools. While many principals have carried out the instructions of Miss Flora E. Drake, assistant superintendent of city schools, and sent the name of champion to her office, some have this far delayed reports. That the names may he recorded in Miss Drake’s office and also published in The Times, sponsor of the State Spelling Bee, it is requested that the lists, provided by Miss Drake, be mailed immediately to her office. Rural school teachers will report grade winners to County Superintendent Lee Swails, by mail.

Outside of Marion County 12 Cent* Per Week. Single Copies

ORGANIZE REMY PROBE AID, PLEA Dithmer Suggests Business Men Help Prosecutor. That business men should aid Prosecutor William H. Remy and through an organized committee see that the changes of attempted bribery of the grand jury are probed to the bottom, was the expression of Henry L. Dithmer, president of the Polar Ice and Fuel Company, today. “Prosecutor Remy should have some help,” Dithmer said. “Enough business men, outstanding figures in the community, I believe can be secured from the 1,000 now at work on the city manager campaign to act on such a committee. They should be Republicans and I know that there are many Republicans so thoroughly disgusted with affairs that they will be ready to help.” The matter will be presented to the executive committee of the city manager campaign at its Friday meeting by Claude H. Anderson, the executive secretary. 4 TO OPEN ASPHALT PLANT NEXT WEEK Move Will Cut Paving Cost, Engineer Says. The city asphalt plant, idle so far during the Duvall administration, will be in operation again the last of next w r eek. Assistant City Engineer Arthur HaufTler predicted today. ( Hauffler declared repair costs will be less than SI,OOO and the plant will be started the last of the week when materials arrive. It is estimated the city will save approximately $1 a yard by using its own workmen to repair streets. As an emergency move City Engineer Frank C. Lingenfelter contracted with the Indiana Asphalt Company to fix chuck holes at $21.75 a ton, which would be about $2.17 a yard. Bandit Suspect Held Hu United Press ALBANY, N. Y„ April 14.—Police of this city are holding a young man said to be Dexter Green, who Is wanted In South Bend for theft of a pay roll. It was said unofficially that w-hen Green was searched in headquarters here early today $34,000 in secuirties and $965 in cash was found on him.

THREE

Claude Achey, Member of Investigating Body, Swears J. E. Armitage Made Proposal and Withdrew It JUDGE COLLINS DEFERS ACTION Prosecutor Moves Discharge of Entire Investigating Body A bribe of $2,600 and a job was offered to Claude A. Achey, 641 E. Thirty-Third St., county grand jury member, if he would not vote for the indictment of Mayor John L Duvall, according to an affidavit by Achey filed in Criminal Court today by Prosecutor William 11. Remy. The offer, according to the affidavit, was made, and later withdrawn, by James E. Armitage, former member of the board of public safety and brother of William H. Armitage. William Armitage has been seeking to regain the power in Republican county affairs he lost when the Shank city administration ended.

Motion Requesting Jury’s Discharge

Here is the motion asking discharge of the grand jury filed by Prosecutor William H. Remy before Judge James A. Collins: The prosecuting attorney hereby moves for the discharge of the present grand jury, for the reasons and causes hereafter set out: That the grand jury has, in conformance with the recommendation of the preceding grand jury and on an order of the court, been engaged in examining and investigating certain charges and evidence pertaining thereto; that while they were so engaged in such investigation one of the grand jurors informed the prosecuting attorney that he had been approached and offered a bribe of money in the sum of two thousand six hundred dollars ($2,600) and a remunerative position in order to influence his actions as a grand juror: that the same man who approached said grand juror represented to him that two other members of the grand jury would be approached and would “go along with him,” if he would favor a certain man who was under investigation. The prosecuting attorney further represents and shows to the court that said grand juror made said statement in the presence of the other members of the gi.nd jury; that as a result thereof distrust and suspicion are likely to arise among the grand jurors themselves and that such an attitude would be fatal to an impartial and thorough investigation of matters of grave importance to the community, which are now pending before said grand jury for investigation; that, due to such conditions and assertions herein above set out, and for the reason that, in Jhe opinion of the prosecuting attorney, the public interests require that the grand jury be adjourned, I now respectfully request the court to discharge said grand jury. In support of said action and attached hereto is the affidavit of the grand juror herein before referred to.

12,000,000 FIRE UNDER CONTROL Eight Buildings Burn at Morgantown, W. Va. Bu United Press MORGANTOWN, W. Va.. April 14. —Eight buildings were destroyed today by a fire which swept the business district of Morgantown, causing damage estimated at $2,000,000. The fire W'as reported under control four hours after it was discovered. The blaze started in the basement of the Orr Brothers Bldg., burned It to the ground and spread to the Shelby shoe store and other buildings. Fire companies from Uniontown, Morgantown and Westover fought the blaze. REED CHALLENGE SEEN Refusal of Fess to Serve In Probe Viewed as Gage Hu United Press WASHINGTON, April 14.—The next move In the controversy over existence or nonexistence of the special Senate election fund investigating committee is generally regarded as being up to Senator James A. Reed (Dem.), Missouri, committee chairman. Refusal of Senator Fess (Rep.), Ohio, to accept Vice President Dawes’ appointment of him to a vacancy on the body, was regarded today as a gage of battle, flung by a leader of the conservative branch of the party. Fess Is a close adviser of President Coolidge.

Forecast Cloudy with probably rain tonight and Friday; not much change in temperature.

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MARION COUNTY

TWO

James E. Armitage said he "had” two other grand jurors and need a third, according to the affidavit. Upon the basis of the affidavit, Remy asked the discharge of the entire grand jury. Criminal Judge James A. Collins curtly informed the prosecutor that the grand jury would stand adjourned until Monday, when he would rule upon the motion. Two weeks ago William Armitage let it be known that he ( had hopes of regaining prestige afc ( city hall and superseding George V. Coffin, Republican county chairman, as the political boss of the city machine. Grand Juror Achey declared in his sworn statement that he began having conference with James Armitage early in March, and that they continued for several days, Armitage finally Informing him the deal was off. According to Achey’s affidavit tho $2,600 was to a deposited In a bank and he was to get the job the first Monday after the t and jury adjourns. “Good Faith” Mo.iey “The $2,600 was to be pood faith money to show that I was to get the job the first Monday after tue adjournment of the grand Jury,” reads the affidavit. Achey swore tliat Armitage asked him “to favor John L. Duvall regardless of what the evidence was—whe her legal or just—and not vote to indict John L. Duvall, the mayor of the city of Indianapolis, Indiana.” He declared Armitage had told him he was "representing John L. Duvall.” James E. Armitage refused to comment upon the charges. Swift Developments. Remy’s motion followed a morning of swift, startling developments. The rumor that there had been jury tampering has been current at the courthouse for several days. Remy reached his office at 7:20 a.m., an unusual hour. He locked himself in and would not be interviewed. At about 8 o’clock William H. Shcaffer, deputy prosecutor in charge of the grand jury, announced that Achey’s wife had telephoned him late Wednesday night asking where Achey was. This morning Mrs. Aoliey came to Sheaffcr’s home, 3546 Balsam Ave., and said he had not been home all night and she was worried. Achey appeared at the courthouse shortly after 9 o'clock. No definite explanation of his absence was given, but the prosecutor’s office gave the impression that Achey, who has been under considerable pressure from outside forces for several days, stayed away from home all night to avoid answering the telephone and receiving mysterious callers. While the grand Jury was watting for Achey before beginning its session, Foreman Charles L. Clark went down to Judge Collins’ office and held a conference for several minutes. Guard at Door Meanwhile Remy had increased his isolation by locking even the door to his outer office and placing Deputy Johh Niblack on guard to see that no one tried to get in. Soon after Achey arrived and the Juy went into session James E. Armitage appeared and went into the jury room. This was a surprise to the prosecutor’s office, because it did not know Amitage had been subpopimed. It was learned later that Clark and Grand Juror S. S. Sutton had had a conference with Collins Wednesday afternoon and that Collins issued the subpoena for Armitage, which was served h.v Grover Hinton, an attache of Collins* court. Lawyers say that appearance of a person before a grand jury on subpoena usually results in immunity from prosecution. Armitage was in the grand jury room one hour. Then he emerged, red-faced. He had stepped only a few feet down the hall when Deputy Prosecutor Sheaffer came out of the jury room and recalled him. (Turn to Pngc 15)

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