Indianapolis Times, Volume 38, Number 337, Indianapolis, Marion County, 6 May 1927 — Page 1

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VOLUME 37—NUMBER 337

POLITICS QUIZ AFFIDAVITS ORDERED

Collins Ousts Grand Jury, Tells Remy to Get Busy

FORMER MRS. STEPHENSON SUES JACKSON

WHAT SHALL WE DO WITH MRS. SNYDER AND JUDD GRAY - - • * # • * Philosopher Durant Suggests They Be Isolated, Put to Work and Their Earnings Used for Support of Families.

By Will Durant Author of “The Story of Philosophy” Come, let us go this morning not to the trial, but to Sing Sing. An execution is scheduled there today. Seats are provided for us and for certain other important personages, so that they may witness in comfort and ease this climax of civilization. We are a little ashamed of the motives that have brought us, and we sit for the most part in silence, looking at the chair. The light is dim, but every relevant detail is visible. It is a clumsy mechanism, this final chapter of so many adventurous lives. Thick arms and legs, and solid seat; and everywhere straps and fastenings make it all inescapably secure. And wires that lead mysteriously from the chair into a room that we can not see. There is a little delay and we grow cruelly impatieut; but all in all the condemned man keeps with reasonable promptness his lendezvous with death. The chaplain comes first, praying God to have pity where society had none. The prisoner hardly walks in; he is lifted along by strong men on either arm. He is trembling ftom head to foot, moaning and praying; and when they let him speak he begs wildly for mercy. But they close his mouth, and force him into the (chair.

Little Left to Die

He struggles, but lie has been weakened by days of anticipation and nights of sleeplessness; there Is little of him left to die. They strap him down, body and head 'and limbs, and adjust the wires that shall bring the great emancipator, electricity, to freeze his blood in death. To the last moment he strains at his bonds, and strives to speak. His face writhes with suffering and horror. The attendants step carefully aside. Suddenly the Imprisoned body plunges forward as if catapulted into the air; all its muscles are strained to their utmost, and every drop of agitated blood rushes to strengthen them. Surely those bonds will snap and this man, whom we are killing ruthlessly, will leap upon us and slay us all. Then the noise of the current is stilled, the body relaxes, the blue swollen face falls loosely into a horrible repose. A doctor bends over him fox’ a moment and reports that the heart is beating faintly and that there is a slight twitching of the lips. The current is turned on again. Again the body lurches forward and the face bulges as if it would burst, and every muscle is stretched taut. A long while the mystic fluid burns its way through blood and brain; for this time the man must be irrevocably killed. Then once more the current dies away, and the law has taken a life for a life and society is revenged. And though they are tumbling his blackened body roughly from the chair, the prisoner has found eternal peace. Outside the jail his mother waits to claim him.

Nevertheless, Here’s the Problem

Nevertheless you say, this woman, Ruth Snyder, and this man, Henry Judd Gray, are guilty. Certainly; which of us is not? Which of us would be alive if all his crimes had been detected and all his sins had received their punishment? Goethe said he had never heard of a crime which he could not imagine himself committing, and of which he had not the roots in his own heart. We are such stuff as jails are full of, but our courage failed. However, let us face the facts without sentimentality. These two are murderers; and they conspired to kill with almost as cold a deliberation as the law will use in killing them. For days they regretted, not their crime, but their detection; they showed a moral insensibility equaled only by that of the parricide who said his father had never had any serious illness till the time of his death. And now whatever sympathy we might have had for them is torn from us as we see them struggling to save themselves, each by the sacrifice of the other and the accumulation of a thousand lies. If ever capital punishment was justified it is here.

Three Stages of Punishment

There are three stages in the history of punishment. It began as revenge; it continues as a deterrent, it will evolve into education. Society killed originally because it wished to wreak vengeance upon one who had wronged it. Very often the society was personified in some exalted individual, some excellence or “majesty” whose revenge was hot with fear. Great elephants were used to stamp their mighty feet into the victim’s face, or crush his bones into atonement. There is an instinct of cruelty in us that lingers from the hunting stage of mankind’s infancy and gives us a stealthy delight in thoughts and acts of torture. The inquisition was popular not with the papacy, which protested against its methods, but with the crowd that loved to witness suffering. See in the museums of Germany the .Iron instruments used to eradicate heresy from the growling soul of 'Europe. ' Read in the history of England how scores of crimes were subject to capital punishment until loss than a century ago; how a child of nine was hanged for stealing a few pennyworth of paint; how men ■were put to death for the theft of a shilling, or a sheep, or a letter from the mall. Stand in the streets of Paris, and with the mind’s (Turn to Page 3)

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Entered as Second-Class Matter at Tostoffice, Indianapolis

Mrs. Brehm Seeks to Recover Property in Support Case. AUTO FIGURES IN ACTION Garnishee Filed in Superior Court —Set May 18. Governor Kd Jackson and Mrs. Martha Dickinson of Seymour, D. C. Stephenson's "confidential agent,” today were ordered to appear before Judge Janies Leathers in Superior Court One in garnishee proceedings brought by Mrs. Nettie Stephenson Brehm of Oklahoma City, former wife of the Klan dragon, now serving a life term in Michigan City for murder. Affidavits, filed by Floyd Mattice. attorney for Mrs. Brehm, demanded the Governor to appear in court on May 18, and Mrs. Dickinson on May 20. Summons asked by the affidavits w-ere issued by Judge Leathers and turned over to the sheriffs of Marion and Jackson Counties for service. Seeking Property The garnishee proceedings are an effort by Mrs. Brehm to recover certain property, said to belong to Stephenson, and which she charges is being held by the Governor and Mrs. Dickinson. “Governor Jackson has been called for questioning regarding automobiles and money,” was Mattice's only comment. It is expected that Mattice will question the Governor about anew Lexington automobile which was delivered to him some time ago. It is expected, too. that he will ask him the source of the money that was used In payment of the difference between cost and trade-in allowance on automobiles that were included in the deal. It was said that SI,OOO in cash was included in the transaction. Fred Butler, former secretary to Stephenson, testified in ccurt several weeks- ago that Stephenson had given his Studebaker as a part payment on the Jackson Lexington. The Governor’s Oldsmobile also was said to have figured in the deal. “Nothing to Say” Governor Jackson told of the garnishee proceedings, declared he had heard nothing about the subpoena, knew nothing about it and "had nothing to say.” Then he left with a delegation for Lincoln City to attend a ceremony at the Nancy Hanks Lincoln Memorial. Mrs. Dickinson came into the limelight during the political quiz of the Marion County grand jury last fall. She was said to have been the only person to w r hom the former Klan chief had given power of attorney, and is known to have been permitted to see him at Michigan City Prison. She also was said to have been with Stephenson frequently before his trip to prison, and to have made several eastern trips as his agent, for conferences with Gutzon Gorglum, Stone Mountain sculptor, at Stanford, Conn. For Daughter’s Supimrt Mrs. Brehm, who is demanding $10,600 judgment against her former husband for support of their daughter, does not estimate In the garnishment affidavits the value of property she believes is in possession of the two defendants. Stephenson was said to have loaned Borglum money at various times and now has a judgment of about $32,000 against the sculptor. She also conferred with Dr. Rumely, former publisher of the New York Mail, wijh whom Stephenson was said to have had many conferences. Mrs. Dickinson appeared before the Marion County grand jury during its investigation of political corruption last fall. To See “Steve” Paul T. Newman and Lloyd Hill, local lawyerß, will go to Michigan City next week to see Stephenson for the purpose of obtaining his signature to papers which would permit them to appear for him in the Brehm case, in which he Is not now represented. They will learn from Stephenson, they say, whether or not Jackson and Mrs. Dickinson are holding his property, that they may prepare his defense. Governor Jackson is said to no longer own a Lexington. GEN. SUMMERAuThERE To Attend Luncheon, Dinner in Indianapolis, Saturday. Ajßijor Gen. Charles P. Summerall, former commander of the Rainbow Division artillery hridgade, will attend a luncheon given by the Marion County Rainbow Division Veterans’ Association. Saturday, at 12:15 p. m. at the Columbia Club. General Sumpierall will also attend the Eighty-fourth Division (Reserve Corps) dinner at 6:30 p. m. at the Clay pool.

INDIANAPOLIS, FRIDAY, MAY 6, 1927

JURORS DISMISSED BY JUDGE

SKui-'T wn|

Members of the grand jury dismissed today by Judge James A. Collins. Front (left to right): Claude A. Arliey, S. S. Sutton, Charles 1.. Clark. Standing: Lee Williams, James F. Chamberlaain, ,1. P. Van Camp.

Now for Action

The open season on evasion, delay, buck passing, excuses, intrigue has apparently closed, as far as the political probe which started away back last year is concerned. With the discharge of the grand jury and the direct order to Prosecutor William Remy and the special assistants he named for him, the way is open for action if action is needed. That there is need for action is evidenced by the fact that Judge Collins has convicted James Armitage for a contempt of his court by the offer of a bribe to protect the mayor of this city, John L. Duvall, from indictment. Action was needed months ago when, after eleven w r eeks of inquiry, Prosecutor Remy, former Judge Fred C. Gause and Ralph Kane declared that the grand jury they had advised should have returned indictments. Witnesses fled from that grand jury. Suspicious circumstances attended its investigations. Apparently it worked against unseen forces which were stronger than the forces of the law —and yet— These three lawyers, two of whom were paid SII,OOO from the contingent funds of Governor Jackson, said that evidence of fraud and corruption sufficient to indict had been obtained. The law says the prosecutor may not file

GRAY QUAILS BEFORE VIVID MURDER PICTURE JUST BEFORE QUIZ ENDS

NICARAGUA NEAR END OF FIGHTING Coolidge’s Envoy Supervises Peace Making. Bn United Press MANAGUA, NICARAGUA, May 6. —A general amnesty has been declared by President Diaz, substantiating authoritative reports that leaders of the warring liberal and conservative factions have reached an agreement for peace. Managua greeted reports that the Civil War was over with great rejoicing. Reported terms of the peace agreement, reached under the guidance of Henry L. Stimson, President Coolidge’s personal representative, Include: Troops of Juan B. Sacasa, Liberal claimant to the presidency, to lay down their arms. Organization of a native constabulary officered oy Americans. Diaz to remain in office until end of term in 1928, WTien elections will be held under United States supervision. Liberals to be given places in Diaz cabinet. Full liberty of the press to be granted as soon as conditions permit. Hourly Temperatures 6 a. m 53- 10 a. m 65 7 a. m 57 11 a. m 66 8 a. m 62 12 (noon) .... 68 9 a. 64 1 p. 68

direct informations while a grand jury is in session. No informations were filed during the three weeks that intervened between the old grand jury and the one which has just been discharged and which, rules Judge Collins, was approached by offers of bribes. Now that jury is gone. The hands of the prosecutor are free. The secrets of that former grand jury and its bound volumes of evidence are in the hands of Mr. Remy and his new assistant?, Emtley W. Johnson and John W. Holizman. No law hampers them now. The evidence is theirs. If the interviews given by Remy, Gause and Kane last December were jased on fact, there should be action and action at one. If the mayor of this city has been falsely and maliciously accused of needing the friendly intervention of a man with a bribe, he should be exonerated at once and those who conspired against him placed beyond the possibility of further assault. And if the mayor of this city needed that sort of protection for which Armitage stands convicted, a different sort of action is needed. Indianapolis has suffered too much from suspicion, inaction, delay, political intrigue. It is time to clean up. And the door is wide open for the prosecutor and his broom.

Counsel for Slain Snyder’s Widow Again Forces Story of Death Night. BULLETIN Bn United Press LONG ISLAND CITY, N. Y.. May 6.—Evidence in the SnyderGray murder case was concluded this afternoon. ftu United Press LONG ISLAND CITY, May 6. An all too vivid picture of the death of Albert Snyder came before Henry Judd Gray as he testified today In the Gray-Snyder murder cast. . Dana Wallace, attorney for Mrs. Ruth Brown Snyder, was examining him. With infinite pains and with fierce sarcasm he led Gray from detail to detail of the murder story, following no continuity and rapidly changing his point of attack. Gray seemed to grow nervous. His voice fell. He told again how Mrs. Snyder .allegedly had led him by the hand into the room where her husband was sleeping. Gray’s long ordeal on the stand, which started Tuesday, ended after a brief examination by the State and re-direct examination by his own counsel, and he left the stand just before luncheon adjournment. Counsel for Mrs. Snyder drew from the witness a denial Ruth loaned him S2OO to pay off ‘‘Snooks, - ’ a Buffalo (N. Y.) girl. It was understood from a source (Turn to Page 29)

Outside of Marion County 12 Cents I’er Week. Single Copies

POLICEWOMEN’S LEADER RESIGNS Chief’s ‘Bawling Out’ Too Much for Her. Mrs. Sara Rodgex-s today turned in her badge as policewoman. She quit the department after receiving from Police Chief Claude Johnson what she defined as “an awful calling down.’’ Her resignation came when Johnson charged her with “an unfriendly attitude toward him” and told her that she would be relieved of her work in the detective burdiu, and be assigned to dance hall inspection from 3 p. m. to 11 p. m. Johnson accepted her resignation for suomission to board of safety next Tuesday. The Johnaon-Rodgers ‘round’ today was seen as an aftermath of the policewomen’s pay tangle. Mrs. Rodgers declared that Johnson admitted that one of the fifteen policewomen, working without pay since the first of the year, had kept him advised of what was done and said at various policewomen’s meetings. It was Mrs. Rodgers who had filed test suit to collect pay and who had led the fight for the fourteen others, who had remained at work.

THREE CENTS

Judge Collins Discharges Jury, Directs Remy to File Charges Against Any Law Violators. CITES LIMITATIONS STATUTE Says Action Is So Prosecution Time Limit Will Not Expire. Criminal Court Judge James A. Collins today directed Prosecutor William H. Remy to file affidavits against any persons whom the political corruption investigations of Marion County grand juries have disclosed violated the laws of the State. He took this step after discharging the present grand jury, whose usefulness he said had been destroyed by the trial and conviction of James E. Armitage of contempt of court for attempting to bribe one of the members not to indict Mayor John L. Duvall. • >

John W. Hoitzman and Emsley W. Johnson were named special prosecutors to assist Remy in drawing up and filing the affidavits. Prosecutors Confer Remy, Hoitzman, Johnson and Deputy Prosecutor William H. Sheaffer immediately went into conference. Remy refused to comment on what, action he would take, but it was believed the affidavits would be filed as soon as the corps of prosecutors is able to go over the mass of testimony heard by the two juries which have probed political corruption. Johnson also indicated immediate action would be taken. Collins directed the filing of affidavits, he said in a statement read in court, in order to prevent the statute of limitations from stopping prosecution of any of the criminal acts disclosed by the Investigation. In his statement discharging the jury Collins pointed out that charges made by Juror Ciaudc A. Achey against Armitage “were of such a character to cast suspicion upon this body as now constituted." Armitage Convicted The action today followed conviction of Armitage Wednesday for contempt of court. Hts was sentenced to three months in jail and fined ,*SOO by Judge Collins after the court declared Armitage d!d not present enough evidence in his fiveday trial “to purge himself of the contempt.” Citation for contempt was recommended by the court April 14, when Remy filed a motion to dismiss the grand jury, supported by the affidavit of Grand Juror Achey that Armitage had offered him $2,600 and a city hall post if he would vote against indictment of Mayor Duvall. Achey, in his affidavit, and on

JUDGE DIRECTS ACTION

Criminal Court Judge James A. Collins made this statement in ordering affidavits filed against any persons the political corruption investigations disclosed have committed criminal acts:

The grand Jury, for the reasons heretofore stated having been discharged, and no grand jury now being in session, it becomes the duty of the prosecuting attorney to prepare and file affidavits for all public offenses except treason and murder. Tliis authority is granted by Section 2150 Hums Revised Statutes, 1926, which reads as follows: All public offenses except treason and murder, may be prosecuted in the Circuit or Criminal Court by affidavit filed in term time in all eases except when the grand jury is in session or a prosecution by indictment or affidavit for the same offense is pending at the time of the filing of such affidavit. Early in October of last year, this court instructed the grand jury to inquire into charges of “political corruption” as alleged by one Thomas Adams of Vincennes, Ind. The grand jury devoted practically eleven weeks to that investigation, but returned no indictments into this court. The filing of the final report by tlial grand jury without returning any indictments led to statements In the public press that there was evidence to warrant the prosecution of persons of , this county for violations of the law. It is the duty of the prosecuting attorney, if be believes that there is sufficient evidence to Warrant the filing of affidavits, to file the same.

DISMISSES GRAND JURY

Judge Collins made this state On the 14th day April, 1927, the prosecuting attorney of the Nineteenth Judicial District brought to the attention of the court the sworn statement of Claude A. Achey, a member of the grand jury for the January term, 1927, in which statement said grand juror charged one James E. Armitage with having offered him the sum of $2,600 and a job, which would take effect the first Monday after the grand jury ad-

Forecast Mostly cloudy tonight and Saturday; probably showers; not, much change in temperature.

MARION COUNT?

TWO CENTS

the witness stand during the trial, declared the politician told him two other members of the jury would "play ball" in opposition to any Duvall indictment. Two other members of the jury on the witness stand answered over State's objections that they had not been approached or talked to by Armitage. Collins Agrieved When Remy filed the motion for dismissal of the grand jury, Collins declared it was not the proper pro cedure and in a lengthy statement pointed out that the alleged Armitage act was a blow at the court and that Achey should have come directly to the court with his story of approach rather than go to Remy. Armitage Thursday executed his appeal bond for $2,500 and his attorneys, Eph Inman and Harvey Grabill announced immediate preparation for appeal to the Supreme Court. iSuiule in Operation Thursday, the statute of limitations, which provides that crimes not prosecuted within two years can not he brought before a court, became effective on any alleged irregularities on primary day, May 5, 1925. This id the second jury to probe the Indiana political corruption, bared by D. C. Stephenson, former Klari dragon, now serving in the Indiana State Prison a life sentence for murder of Madge Oberholtzer, Indianapolis. The first jury investigated eleven weeks last fall without returning indictments, "because of conditions in the jury rooms." Following this came a sericz of resignations by members which, until a few weeks ago. prevented the probe body from accomplishing anything.

The discliargo of the present grand jury precludes the possibility of the return of any indictments, growin gout of the investigation of any alleged political corruption during this term. The court is of the opinion that anew grand Jury, if called, would not have a sufficient time within this term to make any extended investigation of such charges. References have been made in the public press that because of delay, over which neither the prosecuting attorney nor the court have any control, that the statutes of limitations might run against certain persons who have violated the law. In order to prevent any such condition obtaining in Marion County, the court; now directs the prosecuting attorney to file affidavits against any persons alleged to have violated the laws of til's State as disclosed by the hearings heretofore conducted before the grand jury that lias just been discharged, or its predecessor. “In order that the prosecuting attorney may have the fullest cooperation and assistance in the axamination of witnesses and the preparation of affidavits as above suggested, the court now appoints John VV. Hoitzman and Enisley W. Johnson, members of this bar, to assist him in this work.

lent in discharging the grand jury: journed, providing said grand juror would favor John L. Duvall and not vote to indict John L. Duvall, regardless of what the evidence might be. That at the time of the matters alleged in the sworn statement of Grand Juror Achey and for some time prior thereto, the grand jury under the order and instructions of this court was engaged in an In (Turn to I’age 14)