Indianapolis Times, Volume 39, Number 5, Indianapolis, Marion County, 17 May 1927 — Page 5

I MAY 17, 1927

Mayor Faces Perjury and Election Corruption Charges

COUNCIL RENEWS FIGHT ON BUSSES CIRCLELOOP USE Declares Them ‘Eyesores’ to Visitors —Asphalt Plant Problem Up. City councilmen have renewed their fight to remove busses from Monument Circle. Boynton J. Moore, majority leader. Introduced an ordinance Monday night providing that busses be prevented from using the Circle as a loop. The ordinance declared the busses an "eye sore" to tourists and visitors who view the city’s memorial. Against Gas Fund Use .Moore introduced a resolution opposing the opening of the city asphalt plant with gas tax funds appropriated for street repair. City Engineer Frank C. Llngenfelter took steps to open the plant after receiving a State board of accounts opinion. T.ingenfelter asserted the plant ill enable the city to repair streets at huge savings. Ordinances authorizing the purchase of ground at southeast corner K’orty-Sixth and Illinois Sts. and outheast corner Hawthorne Lane and Washington St. for fire engine house sites were introduced. Moore asked additional time for considering the $1,700,000 bond isitue ordinance for city hospital. Moore is opposed to the large expenditure for new hospital buildings. He indicated the committee would favor a $1,000,000 appropriation. Result in Deadlock Councilman Otis Bartholomew reported the daylight saving ordinance out of committee, tlve vote resulting in a deadlock. , Action of the last Legislature In Increasing the salaries of police Chief Claude F. Johnson and Fire Chief Jesse A. Hutsell from $4,000 to $4,800 a year was approved. y

EVANSVILLE WINS AND LOSES, TOD School Race Victory Meaningless as Gary Cops. Evansville won the school population race against Ft. Wayne, But the prize went to Gary, This was the std situation revealed by figures compiled by the \ superintendent of public instruc- j Mon. For years there has been a i Pnght between Ft. Wayne and Ev- j ansville for a place for their super- I intendent on State education board as the third largest city in school population. For the last several years Ft. Wayne won. So bitter was the feud that two years ago a recount was demanded This year Evansville totaled 24,383 and Ft, Wayne but 24,219. Gary, however, forged ahead with their total of 24,852. South Bend is still second with 26,280 and Indianapolis first. Youth, 18, Confesses to $2,000 Joy Ride Bu I'nltcd Press SALEM, Ind., May IT.—A midnight joyride ended disastrously for Everett Franklin, 16, of Sullivan, who is in the Salem (Ind.) jail today facing an arson charge brought by Chief Investigator Milton W. Wareing of the State fire marshal's office. In a signed confession Franklin told how he and his brother Cecil, 18, stole the automobile of Mayor Dennis Elrod of Salem for a ride on the night of May 6. Arriving in front of the farm of L. Carson Miller they ran out of gas. Entering an implement house they were stealing gas from a tank there when one of them lit a match, exploding tffe tank. The shed and implements valued at $2,000, were destroyed. Everett now is wondering how much a joyride is worth, is a fugitive from justice.

George Travis, Jr.

—Photo by Mudge.

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Men Who Drew Up Affidavits

Prosecutor William 11. Remy

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Special Prosecutor Einsley W. Johnson

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Special Prosecutor John W. Holtzman

DETENTION NOME REPAIRS ORDERED Fire Hazard Now, Says Marshal’s Office. Repairs on the Marion County Detention Home were to be begun immediately, it was announced today following a final survey of the home by Deputy Fire Marshal Cassius Graham, County Attorney John Given and the contractor, who will make repairs in line with the orders of State Fire Marshal Alford Hogston. The detention home is located at 225 E. Michigan St. It was recently pronounced a fire hazard by the State fire marshal and extensive repairs were ordered. Several children are housed therd*. Before tho home will meet with even partial approval by the fire marshal's office walls must be torn out and replaced, fire escapes must be installed, doors changed to open outward and a fire proof furnace room installed. "Even with these repairs the detention’home will still be considered a fire hazard and will be countenanced only temporarily,” Fire Marshal Hogston said today.

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DUVALL CASE STEP BY STEP (Continued From Page 1) ed or disappeared at times when their testimony was most wanted. When the probers turned the searchlight of their Inquiry on municipal affairs bailiffs attached to the grand jury were unable to locate Harvey Bedford and George S. Elliott, both formerly active in affairs of the Klan and at that time doing an insurance business in a downtown office building. Bedford had been traffic inspector in the police department and Elliott had been the exalted cyclops of the Marlon County Ku-Klux Kla. Families of both men denied all knowledge of their whereabouts. Then they appeared as mysteriously as they had disappeared and were called before the Investigating body several times. Rumors were in circulation that the Klan had demanded written contracts or agreements from all candidates as to what they would do in the way of patronage. William H. Armitage. brother of James E., recently convicted by Judge Collins for having offered a member of the recent grand jury a bribe of $2,600 and a City Hall job. was called before the jury. Armitage had been very active in the Shank administration and is said to have "gone down the line for Duvall.” William H. Freeman, member of the works under the Shank regime, who had been spoken of as a member of that body under Duvall, was also called. Freeman recently testified in the Armitage contempt trial. Among the many witnesses heard were: William A. Boyce, Jr., city clerk; Recreation Superintendent Jesse McClure; Clyde E. Robinson, former partner of Duvall in the Marion County State Bank and county treasurer-elect to succeed Edward A. Ramsey; City Councilman Boynton J. Moore; Charles Clark, now deputy county treasurer, who had been a candidate for office; Otto Smeltzer, former superintendent of the city asphalt plant; Police Chief Claude F. Johnson; O. D. Haskett, board of safety president and Board of Safety Member John A. George. Former Officials Called Herman F. Rikhoff, spoken of as a prospective member of the Duvall park board, and former police chief was called. So were Virgil Ferguson, fire prevention chief under Shank; William Bailey, former cit yattorney, and Ben Thompson, former council president. At the conclusion of the taking of evidence much wrangling was heard aboiA the grand jury room. Its first report was unacceptable to Collins and turned down. A recess over the Christmas holidays was taken and when the inquisitorial body reassembled it made its now famous nonfindietment report which said among other things: "Any other report than the foregoing will be impossible for the grand jury to return under conditions as they noti exist in the grand jury.” Members of the first jury were; Wilson Furnas, foreman: O. F. Calvin, 5262'Central Ave.; Hilary Morris, 6045 Ashland Ave.; Joseph Sohaf, Columbia Club: William Webb, 1316 W. Washington St., and Herman F. Sprandel, 1135 Central Ave. New Jury Called Jud|ge Collins immediately issued a call for the new jury, but it was twenty-one days before one was assembled. Fifty-two talesmen were examined. The jtiry was then composed of John Collett, 25 E. Thirty-third St.; Charles L. Clark, 2514 Station St.; S. S. Sutton, Camby, Ind.; Lee Williams, Gamby, Ind.; Charles Wheeler, 1717 N. Talbott St., and Claude A. Achev, 641 E. Thirty-third St. This group of men did not take any immediate action on the probe, because Collins’ orders directed them to clean up routine work before entering the special investigation. Then came a period when Deputy Prosecutor William Sheaffer began asking the group to take up the probe. No action was taken and suddenly Collett resigned, giving as his reason ill health. After a lengthy delay James F. Chamberlain, 1336 W. Thirtieth St., was selected to take Collett’s place and Clark was made foreman. Soon after came the resignation of Wheeler. His reason was age and physical condition. ,T. P. Van Camp, R. R. K., after more delay, succeeded him.

Evidence Read Then the jury began reading the evidence collected by the previous Jury. No witnesses were called. It was reported from time to time that the Jury was preparing to take up new phases of the probe. Suddenly the possibility of the group continuing the probe blew up. Grand Juror Achey in a sworn statement declared he had been approached and offered $2,600 and a job by James E. Armitage, former board of safety member under Shank and brother of William H., boss of the City Hall under Shank, if he would vote against indictment of Mayor Duvall. He declared in his affidavit that throughout the last part of March and up to the middle of April he and Armitage met several times, the latter putting up the proposition but later rescinding It because ‘‘it had fallen through.” According to Achey’s statement Armitage told him there were two other members of the jury that would "go to bat with him.” Collins Suggests Remedy Remy took Achey’s statement to Judge Collins with a motion to discharge the jury. Collins* took exception to Remy’s move and recommended filing of an information citing James Armitage for contempt of court and the grand jury. This was done, the grand jury being held adjourned until after a five-day trial, Armitage was found guilty of contempt, fined SSOO and sentenced to three months in jail. This was followed by discharge of the jury by the court and an order to Remy to file affidavits against an}* persons criminally Involved in thd probe before either of the grand

THE INDIANAPOLIS TIMES

I >. t Promised a Job, Allegation

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George Snider, former sheriff. The State alleges Mayor Duvall promised him ap|>ointnicnt to the hoard of safety before the niunieipal election in violation of the law.

juries. Collins appointed Holtzman and Johnson to aid Remy. Throughout the Armitage trial the limelight was thrown continually on affairs at the City Hall during both the Shank and Duvall administrations. After weaving the substantiated story of the offer from Armitage and the several meetings, the State switched its case to contributions and alleged promises on municipal board appointments. x Questions Fail The prosecution brought out from William H. Freeman, board of works member under Shank, that he was visited by the Armitage brothers a few nights before recent changes were made In the personnel of the board of works by Duvall. Although questions were aeked, the State was not successful in bringing to the front whether or not the Armitage* were -v isitors of tho mayor the same evening and whether the prospective appointments wore discussed by the brothers and Freeman. James Armitage.'during the trial, admitted he had taken sums amounting to $14,000 from his safety deposit box and turned them over to bis brother, before election. He said he did not know what the money was used for. but that he got part of it back after election. Efforts of the State to show that the money was eontrlbuted to Duvall’s election campaign fund were blocked by objections of the defense. Witnesses Interviewed Immediately after discharge of the jury the prosecutors called William H. Armitage before them. He was followed by Bedford and Elliott: Courfty Commissioner George Snider and Alvah J. Rocker, former corporation counsel, dismissed by Duvall. Rucker, while the first Jury was in session, in a suit filed in Circuit 'Court in an effort to prevent merger of the Indianapolis Light and Heat Company and the Merchants Heat and Light Company, charged that utilities contributed $19,000 to Governor Jackson’s campaign fund in 1924. Remy then brought two mysterious men before the prosecutor's group, who live outside Indianapolis and who are especially familiar with situations surrounding-v Stephenson in Michigan City prison. Their names have not been made public. Frank Cones, county councilman, recently appointed to the board of works in the shift was another witness. Then came former board of safety member Ernest L. Kingston and M. J. Hanrahan former political investigator. ' A few days after the prosecutors started calling witnesses, Mayor Duvall worte a letter to Collins asking him to appoint a special prosecutor and select a grand jury so he could present evidence showing malfeasance in office by Remy. He charged the prosecutor was a member of a gigantic conspiracy to “ruin” him (Duvall). Judge Writes letters Collins replied by letter that Duvall, if lie had evidence, should present it to the new grand Jury to be impanelled in July. The rebuff failed to stop Duvall’s move and he wrote a second letter to Collins asserting he could not receive a fair and impartial treatment” because of the park board and he (Duvall) had practically forced special Prosecutor Johnson to resign early in the administration. Collins refused to answer the second letter, except by a statement to the press in which he said the administration of the Criminal Court would not be carried on by mail. Duvall continued to insist he would file affidavits against Remy, but has not done so.

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LEADING ITEMS IN (Continued From Page 1) the political committee of Marion County Klan No. 3, then and there meaning the Ku-Klux Klan, that, if elected mayor, he would accept the political po'icy of s:d Marion County Klan No. 3 and that he would make , eighty-five per cent (85%) of his appointments to the offices in the city of Indianapolis from persons named by said political committee: And the said John L. Duvall did not set out in his sworn statement a promise made to one Harvey Bedford That if elected mayor he would see that the said Harvey Bedford was appointed by the park board of the city of Indianapolis as superintendent of parks for said city; And the said John L. Duvall did not set out in his sworn statement a promise made to said Har vey Bedford that for his services in obtaining the political support of one George V. Coffin, the Re- , publican city chairman, that he would give him a real automobile and that the said Harvey Bedford might pick out the atfomobile himself immediately after the election; And the said John L. Duvall did not set out in his sworn statement a promise made to Harvey Bedford and George S. Elliott, and a number of other men, who we remembers cf the Marion County Klan No. 3. in a room in the Hotel Washington, that if elected mayor he would select eighty-five pci cent (85%) of all his appointments for city positions from the membership of the Marion County Klan No. 3, and said appointments he promised to make upon the recommendation of said political committee: And the said John L. Duvall did not include in his said sworn statement a promise made to the said Harvey Bedford and George S. Elliott, and a number of other men who were members of the Marion County Klan No. 3, in an office in the National City Bank Building in the city of Indianapolis, that if elected mayor he select eighty-five per cent (85%) of all his appointments for city positions from tho membership the Marion County Klan No. 3, and that all of such appointments were to he approved by the officers of the Marlon County Klan No. 3; And the said John L. Duvall did not include in his said sworn statement a promise made to Harvey Bedford and George S. Elliott that if elected Mayor he would appoiiyt no Roman Catholics to positions of responsibility in said city; And the said John L. Duvall in his sworn statement did not include a promise made to George S. Elliott and Harvey Bedford that he would stand by the Marion County Klan No. 3 in all matters of dispute as against George V. Coffin, the Republican City Chairman; That all of the contributions of money named in this affidavit and made to John L. Duvall, and all the promises named in this affidavit and made by John L. Duvall were received and made after the City Primary Election in the y?ar 1925,-and before the 3rd day of November, A. D. 1925, the date of the City Municipal Election. DENTAL CONFAB JUNE 6 75 Exported to Attend Meet at Indiana University. Bn Times Special BLOOMINGTON. Ind.. May 17. Approximately seventy-five dentists of Indiana are expected to attend the second annual State conference on dental education which will be held at Indiana University Monday afternoon, June 6. The conference will open with a 12:30 o’clock luncheon which will be followed by an address by Dr. Otto U. King, secretary of the National Dental Association, and an open discussion on problems of dental education. The conference will be held in connection with the commencement exercises of the State Universty scheduled for Monday evening, June 6, in I. U.\Memorial stadium. ‘Mad Hatter’ Gets One While the woman *he was with tried on hats at the Moore Millinery Store, 249 Massachusetts Ave., a man looked over the stock, slipped a sls hat under his coat and when she expressed her disapproval of the stock and left the store he followed. It was then Egbert Moore, proprietor, learned of the theft.

DUVALL, BUSER ARE ARRESTED (Continued From Page I) ser, failed to list the $14,000 contribution and listed only $l3O expenses, the affidavit declares. Thb mayor also failed to set forth that he promised the Rev. George S. Henninger, pastor of the East Tenth Street Methodist Church, that 85 per cent of the city hall appointments would go to members of Klan No. 3. It also charges Duvall failed to . set out that he had promised George 1 Snider, former sheriff, appointment | to the board of safety, and promised j Harvey Bedford former Klan leader : i and police traffic Inspector, appoint- ’ 1 ment as park superintendent and I tho gift of an automobile. It also charges that Duvall j promised Elliott and Bedford that he would appoint no Catholics to positions of responsibility. . The affidavit charging a false statement alleged that Duvall’* campaign fund statement was falso in that it did not list the Freeman and Armitage contributions and made" no mention of his various apj pointment promises. Basis of Joint Charge | The other affidavit Jointly charges i Duvall and Buser with conspiracy to commit a felony, the felony being j the filing of the alleged false campaign expense and contrfmition account and swearing that the account was correct. Buser is guilty because he, know ing. •x'rmitted Duvall to swear to I the false statement. It charges. Prosecutor Ready “I am ready to go to trial on the charges against Mayor Duvall and Iluser at once,” said Prosecutor Remy. He indicated several more corruption probe affidavits will he filed, but would not say whether they would he fill'd soon, or after the Duvall-Buser trial. Ralph A. Lemcke, Republican, doi seated by Duvall in the 1925 primary ! for the mayoralty nomination, was ! | before the prosecutors Monday aft- ! ernoon for a long time and it was believed ,he was being questioned about various details of the primary I election. * * Priest Questioned Two other witnessed were called before the group Monday. They ; were the Rev. Joseph J. Weber, pas- ; tor of the Church of the Assumption, 1125 Blaine Ave., and Orville '■ Scott, chief clerk in the city assess- ; ment bureau. The Rev. Weber was 1 called after Duvall made a statement that he had been offered immunity in the probe and a bribe if he and Controller William C.“ Buser would j resign. He said one man appearing ; before hint was a Catholic priest. | The Rev. Weber retaliated with a . statement that Duvall had come to j him begging he use his influence with Judge Collins and Remy to prevent him from being hit in the probe. Weber was called to the grand jury rooms and Interviewed by the prosecutors. Scott, whom the Rev. Weber said accompanied Duvall, was then called and taken into Criminal Court when he refused to answer questions. Speaks Reluctantly However, on the witness stand, i after a series of objection, Scott hesitantly told a story of being with the mayor the evening they went to Weber’s and after telling the mayor Weber wanted to see him. Scott declared the conversation at Weber's was general and there was some discussion of an article in a Chicago newspaper that Duvall and Buser would resign. Weber took the stand then and l testified Scott had called him and said the mayor wanted to see him. When they came to his home, Weber said, Scott pleaded with* him to aid the mayor. Cited Contempt Risk “I would do anything for Scott, J but I told them I couldn’t see how | I could go to Collins or Remy on j this matter without getting in contempt of court,” Weber testified. He stated the conference was supposed to be secret and he "would not have said a word about it only j .the mayor dragged me Into it and I have to protect myself."

Merchants Bank M Kj Cor. Washington Building * M mmm and Meridian Downstairs , m 5? Streets §> f SHOE STORE 7IEME T= O^'

BOYS* SIZES .... $1.50 and $3

Armitage’s Gift Involved

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William H. Armitage, Republican faction boss. The State alleges •Mayor Duvall failed to list in his campaign expense aeeount a 814,500 contribution by Armitage.

Was He Given a Promise?

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William H. Freeman, former Republican county chairman. The State alleges that Mayor Duvall promissed Freeman appointment to the board of works in violation of the corrupt practice* act.

GREATEST APRIL IN CONSTRUCTION That’s Mark State Made During Last Month. April construction contract volume in Indiana amounted to $21,649,000, according to F. W. Dodge Corporation. This is the highest contract total On record for any April. A sheet mill to be built near Gary at a cost of $5,000,000, helped to swell the total. Analysis of the building and engineering records for April showed the following important classes of work: $5,462,300, or 25 per cent of all construction. for residential buildings; $5,428,000, or 25 per cent for industrial plant; $4,010,400, or 19 per cent for public works and utilities; and $3,360,000, or 16 per cent for social and recreational projects. New construction started in the State in the past four months totaled $42,156,100, 19 per cent more than tife total for the first four months of last year. $100,000,000 Case Action Bn United Press WASHINGTON. May 17.—A Government petition for review of two ; Federal Court decisions holding non-! taxable income of approximately i $100,000,000 a year received from In- I diana oil lands operated under lease | by non-Indians, was granted by the j United States Supreme Court today.

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HOOSIER UTILITY I COMPANY DEADS MEET THURSDAY | I | Several Hundred Expected for Annual Session at French Lick. Bu Times Special FRENCH LICK, Ind., May 17. Utility company executives of the Indiana Gas, Indiana Public Utility I and Indiana Electric Light Associations will gather here Thursday in annual session. Several hundred are expected at the sessions which will continue through Friday. Arthur W. Brady of Anderson, will preside, taking the place of Charles L. Henry, pioneer interurban line builder and association president who died recently at Indianapolis. Joint Session Friday While Individual conference* wlli be hel<L_a Joint session of the three associations on Friday will feature the convention. Appeal to the utilities for a better understanding of the housewife a problems will be voiced by Mrs. Frank J. Sheehan of Gary, presij dent of the Indiana Federation of | Women's Clubs. Frederick* to Speak John J. Fredericks' of Kokomo, president of the Indiana State , Chamber of Commerce, will apes k I on "The Public in Public Service;’’ i W. 11. Sawyer, president American ' Electric Railway Association, will discuss "Service in Public Service." A number of other speakers are on the program. The annual utility golf tourney for tho Norman Perry cup, will be held FWday morning, TWO INJURED IMPROVE Boy Run Down and Man Fall* Into Gravel Pit. Two victimd of Monday aecldenls were,reported recovering today at Methodist Hospital. Fred Melcher, 8, 4825 E. Washington St., received Injuries to hi* chest and internal Injuries when two wheels of an automobile driven by JoSeph Kress, 2105 E„ Washington St., passed over his body when ho ran out Into the street in pursuit of a ball. -The boy was tossing a ball into the air as he walked to school. The accident occurred at Arsenal Ave. and Market St. Clifford Brooker, 27, 1410 S. Pershing Ave., received internal injuries and leg bruises late Monday afternoon when he fell from the top of n ttyrty-foot stone crusher at a gravel pit operated by the Capitol City Gravel Company, Ray St and Eagle Creek. Brooker was unconsciou* when picked up and was rushed to Methodist Hospital In city ambulance.

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