Indianapolis Times, Volume 39, Number 43, Indianapolis, Marion County, 30 June 1927 — Page 3

JTWE 30,1927

RIGHT OF LONG LEAST GRANTED MRS. ENGLISH Judge Rules Widow Should Be Allowed to Enter 99-Year Contract. “A widow should not lose that which is hers through the will of her husband,” declared Probate Judge *Mahlon E. Bash, construing the will of the late William E. English, so Mrs. English may negotiate a ninety-nine-year lease upon the east half of the Hotel English site and collect more than $40,000 a year rental. The language of the will indicated that Mr. English desired no lease than five years made on the property, so it eventually could be made into a central headquarters for all Indianapolis charitable organizations, without hindrance of a long term lease. Mrs. English filed a friendly suit against herself, to get Judge Bash’s construction upon the will. Reverts to Foundation Upon Mrs. English’s death, the property reverts to the Indianapolis Foundation, which will receive the annual rental during the ninety-nine-year lease. Mrs. English presented evidence that unless she could negotiate a long term lease the earning power of the property would be reduced P Evans Woollen, president of the Fletcher Savings and Trust Company, trustee under the will,''and attorneys for the Indianapolis Foundation, have not indicated whether they will appeal from Judge Bash’s ruling. "How can the court provide income for the widow, keep the Monument Circle looking as it should and hold this property throughout the life of the widow for the erection of a charity home?” Judge Bach's decisiop reads. "Courts of equity act when the law affords no remedy. Strict consideration of the language employed by Captain English in his will means injury to the widow, injury’to the civil pride of Indianapolis and injury to the expressed intention of Captain English. Upholds Widow’s Rights "The widozw should not lose that which is hers by the will of her husband and Indianapolis should not be made to suffer the sight of an abandoned building on Monument Circle.” "I feel it is my duty to invoke the equity powers of this court and order the east end of ihe Hotel English leased for a period of ninetynine years,” the court held. Mrs. English has revealed to whom she plans to lease the structure. In the hearing before Judge Bash Monday she said English was negotiating for a long-time lease on the property before his - [ All other downtown properties • were leased at this time, Mrs. English said. A Wants to Carry Out Wish Following the ruling, Mrs. English said: “In filing this friendly suit to construe my husband's will, because of the ambiguities contained within the will, I was desirous only of being legally able to carry out his every wish, whether expressed to me or expressed in the will. “For fourteen months, as executrix of his will anti estate, T have devoted my entire time to that. “Now that it is legally decided in the courts that I shall be able to carry out his last wishes, I am leaving for New York and shall sail shortly for Europe.” Receive Bids on Park Buildings Bids on the proposeed $100:000 community house at Brookside Park will be received Thursday b$- the park board. The building will be erected at Olney Ave. and E. Sixteenth St.

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—Photo copyright by Kofskl Photo Lab. Frank L. Strayer, senior vicecommander of the Veterans of Foreign Wars, has gone to New York, where he expects to join Pilot Leonard Flo in the V. F. W. plane, “Lucky 13,” which is taking part in the national air tour for the Edsel Ford trophy. Strayer expects to board the plane at New York City at 9 a. m., Thursday and take part in the second leg of the journey, which will include Philadelphia, Baltimore, Pittsburgh,' and Cleveland. Other cities to be visited by the Ford fliers are Kalamazoo, Dayton, Columbus, Louisville, Memphis, Pine Bluff, Dallas, Oklahoma City, Tulsa, Wichita, Omaha, Moline, Hammond, Grand Rapids and Detroit. Strayer. of the law firm of Robbins & Strayer, Fletcher American Bank Bldg., is a lieutenant commander in the United States Naval Reserves and during the World War, was wounded while serving with the north bombing squadron of the naval aviation flying corps.

The City in Brief

Seventeen Indianapolis boys went to Camp Bedford, Y. M. C. A., today. Eighty-seven boys, a record crowd, attended the first period at the camp, which opened June 17. A $40,000 eight-apartment building is to be erected at 2613-15 Broadway by Addison Lease and E. P. Warren, 719 Bldg. Sale of a two-story building at 529-31 N. Capitol Ave., by Fred McCallister, attorney, to Walter R. Shiel, 220 N. Illinois St„ real estate dealer, has been announced. Detectives today were on watrh for an expert pickpocket. A watch and chain worth $53 was spirited out of his pocket while he shopped downtown Wednesday, Henry Prentice, R. R. 5, Box 7, reported to police. All downtown fire apparatus added to evening traffic jam at Delaware and Market Sts. Wednesday while the firemen extinguished a small blaze at the Del-Mar garage, started by an oil burner. A lighted cigaret stub tossed from a third floor window ignited an awning covering a second floor window at the Goodyear Tire and Rubber Company, 603 E. Washington St. Lojss was SSO. Mrs. C. Wampler, 705 N. New Jersey St., told police she believed she lost her purse that contained a $125 diamond ring and $2 cash. Police think it might have been snipped from her arm by a pick-! pocket. One hundred students from the Teachers’ College of Indianapolis visited the Statehouse Wednesday in preparation for writing a State history. After calling on each department they copied all inscriptions and historical data about the build- < ing. County Clerk George O. Hutsell, closed the clerk’s office today at noon to compile the second quarterly settlement this year. Next county meeting of Christian Church Sunday schools will be held at Beech Grove Christian Church, Sept. 3. Beech Grove Church will have a flag-raising ceremony Sunday at 9 a. m. as a part of the day’s patriotic program. The Young Ladies’ Sodality St. Patrick’s Church will have a skating party July 25 to aid in raising funds for rebuilding the church, destroyed by fire. The rink at the Riverside Amusement Park has been donated. Misses Anna Hurley, Margaret Davey, Sophia Kot, Florence Round and Rose Linder have charge William O’Neill, 33, city fireman, giving his address as No. 19 engine house, was arrested by police late Wednesday and charged with assault and battery. A warrant filed for his arrest by his wife, Mrs. Loretta O’Neill, 1051 River Ave., charges he beat her June 26. Someone broke a glass in a side door, entered his grocery at 2002 W. Eleventh St. and took fifty pennies, spuming other money the cash drawer, Tillman Buggs, 1926 W. Tenth St., reported to police today. City hospital 'doctors amputated the two middle fingers of the left hand of Roscoe Maupin, 21, of 29 E. Palmer St., today. Maupin crushed the fingers on a punch press at the Enamel Products Company, 524 S. Meridian St. Mrs. Haydeti Webster, Martinsville, Ind., reported to police today that she lost a pearl brooch, worth S2OO, while shs was in Indianapolis to visit friends Monday.

MOTIVES OF STEVE BARED BYOTORNEY Disclosures on Conditions in State Prison Promised by Former Dragon. (Copyright, 1927, by United Press) MICHIGAN CITY, Ind., June 30. —What D. C. Stephenson hopes to do by breaking his silence about Indiana politics was told here for the first time today. Stephenson spoke through the medium of his attorney, Robert H. Moore, of Michigan City, explaining the offer he made Tuesday to Prosecutor William H. Remy of Marion County to “talk freely.” Moore will confer with Remy at Indianapolis Friday. Moore’s statement was entirely frank in revealing that Stephenson is cherishing certain information, obtained not only in the days when he was a political power, but since he has been a life prisoner, saving it to use as a wedge to force his ultimate release from prison. Deals With Prison Deaths The nature of this information Moore would not disclpse, but he declared it deals not alone with politics, but with happenings inside the walls of the prison, including two deaths. “The statements I have made are only as Stephenson has given them to me,” Moore replied, in response to questions from the United Press, and I do not feel at liberty to make comment on the nature of the disclosures that ‘Steve’ proposes to make, before Prosecutor Remy has had opportunity to talk with him. “But by reason of Stephenson's request to me that I inform both Remy and the local prosecutor that I have, something to tell them, it is evident that he proposes to talk concerning happenings in the institution, in which at least two deaths of convicts have resulted, in addition to giving other information regarding State politics not heretofore touched, but which he believes must be touched by him to force the granting of certain privileges which he says-are denied him. Contends He’s Handicapped “This decision is based on his determination that, the prison trustees failing on Friday to -grant him a parole, he will continue to be handicapped in perfecting his appeal on his original conviction, unless the Indiana Supreme Court, as a result of its hearing, also on Friday, on his appeal from the decision of the La Porte Superior Court on a petition for writ of mandamus directed against Warden Walter H. Daly, reverses the local court. The La Porte Superior Court ruling refusing to release Stephenson from the prison, overruled contentions that the former dragon was committed illegally. After this setback, Stephenson asked for a 90-day parole to help him in his appeal from the original conviction of murder of Miss Madge Oberholtzer, charging that Warden Daly and President John Moore of the prison trustees had treated him cruelly and denied him privileges. Referred to State Board The charges were referred to the State board of charities, which is expected to report Friday that they were without foundation. The report will be used by the trustees Friday in passing on Stephenson’s petition for a parole. While in Indianapolis Friday to argue Stephenson’s side in the appeal from the La Porte county ruling, Moore intends to confer with Prosecutor Remy. The purpose of the meeting, Moore has declared, is to give Remy certain information that Stephenson believes will start a “political cleanup.” Remy, in charge of the grand jury investigation of politics, says he is “ready to listen.” Remy Going to Prison Prosecutor William H. Remy expects to go to Indiana State Prison at Michigan City to interview D. C. Stephenson after he talks to Stephenson’s attorney Friday, he said today. Moore has announced he would visit Remy to give him the details of the political corruption Stephenson has offered to bare. If what Moore tells him Indicates Stephenson can and will talk, Remy said he will go to Michigan City, probably taking Deputy Prosecutor William H. Sheaffer with him.

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Dorothy Mackaye

SCREEN STAR FOIiNDGUILTY Dorothy Mackaye Faces Term in State Prison. BY DAN CAMPBELL United Press Staff Corresvondent LOS ANGELES, June 30.—Dorothy Mackaye, screen star of the first magnitude, today faced a possible prison sentence as result of circumstances surrounding the death of he husband, Ray Raymond, musical comedy performer. Raymond died after a fist fight with Paul Kelly, screen juvenile and alleged lover of Miss Mackaye, and a jury in criminal court Wednesday night decided the actress had attempted to conceal the manner of Raymond’s death. The jury, eight women and four men, determined the felony was manslaughter, making possible .a sentence of one to three years in the penitentiary or six months in the county jail for Miss Mackaye. "Oh, oh, how could they!” Miss Mackaye moaned as the verdict was returned. For several minutes she wept, while friends gathered about and attempted to quiet her. “I am innocent,” she repeated, over and over again. She will be sentenced Saturday and her attorneys have announced they will file an appeal then. Kelly was found guilty of manslaughter several weeks ago and now is in the county jail.

Gone, but Not Forgotten

Automobiles reported stolen to police belong to: Glenn Summers, 412 Morland Ave., Chevrolet, 23-857, from Riverside Park. Walter Stork, 436 DeQuincy St., Ford, 7-436, from Virginia Ave. and Delaware St. F. E. Davis, 402 Postoffice Bldg.. Studebaker, 964-340, from in front of postoffice at Cincinnati, Ohio. F. J. Foust, 1525 Leonard St., Ford, from in front of that address. Roy Statton, 15 Russell St., Ford, from State Ave. and Washington St. * BACK HOME AGAIN Automobiles reported found by police belong to: R. C. Tomlinson, Danville, Ind., Ford, found at 940 S. Delaware St. Harry Woodsmall, city, Hudson, found at Chesapeake and Illinois Sts. Harley-Davidson motorcycle, no license, found at 2100 N. Capitol Ave. FORMER RESIDENT DIES Dr. W. S. Baker, 35, of Carmel, Ind., until five years ago a resident of Indianapolis, died at St. Vincent’s Hospital early today. An ulcer caused death.

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CITY TO HEAP HONORS UPON GENJ’ERSHING Extensive Patriotic Program to Mark Memorial Corner Stone Laying. From the moment of Gen. John J. Pershing’s arrival at 7 a. m. Monday until his departure at 2 o’clock in the afternoon, Indianapolis will be the stage for a gigantic patriotic pageant. The shrine corner stone of the Indiana War Memorial plaza will be laid In an appropriate setting. Parade and ceremony plans of the War Memorial commission are being completed hastily, Frank H. Henley, secretary, announced, and the largest ceremony of its kind in the history of Indianapolis is in prospect. Pershing will review the parade which starts at Delaware and North Sts., at 10 a. m., from the reviewing stand to be erected at Meridian and Michigan Sts., on the Plazfc. Others on the stand will be, Governor Jackson, Mayor Duvall, Adjt. Gen. William H. Kershner, Brig. Gen. Dwight E. Aultman, and other State, county and city officials and military dignitaries. Order of Marchers The parade will be in five divisions in this order: Veterans of the World War; veterans of other wars; United States Army; war veteran auxiliaries, and war service organizations. Adjt. Gen. Kershner has announced the following line of march: South on Delaware St. to Washington St.; west on Washington to Capitol Ave.; north on Capitol Ave. to Market St.; east on Market St. to Monument Circle; right on Monument Circle to Meridian St., north side; north on Me-! ridian St. to North St.; east on North St. to Pennsylvania St.; south 1 on Pennsylvania St. to Michigan St. via Michigan St. to reserved positions before the speakers’ stand for ceremonies of laying cornerstone. First division marchers have been asked to appear in full uniform if possible, together with insignia of rank and decorations. Other divisions have been asked to wear uniforms of military service, if possible. A plea not to allow a lost uniform to keep an eligible marcher out of the parade was included in Kershner’s parade order. Civilian marchers will be grouped together. Plan Military Salute A military salute, by lowering to a horizontal position all flags in the line of march, will be given at Soldiers’ and Sailors’ monument and at the mieving stand. Pershing will be the guest of Governor Jackson. An informal luncheon is being planned to be attended by Governor Jackson and a few military officials. Corner stone laying ceremonies will complete the day’s official program. They will start shortly after 11 a. m. when the parade is over. Final program arrangements are being completed. The 150th Field Artillery. Indiana's Rainbow Division regiment, is being mobilized again. This time, however, in a demonstration of peace instead of ,war. Adjt. Gen. William H. Kershner has invited the regiment, Indiana’s only unit to see active service in France, to lead the war memorial parade Monday. Roy A. Murphy, former Battery A private and recipient of the Distinguished Service Cross, now Marion Countay chapter president of the Rainbow Division Veterans’ Association, is in charge of mobilizing the regiment. The regimental colors, carried in four major engagements into Germany, will be taken from their repository in the Statehouse arid carried in the parade. Governor Jackson will Introduce General Pershing immediately after break-up of the parade. Jackson’s and Pershing's speeches will be the principal addresses of the ceremony. The Indiana Bell Telephone Company and the Culver Military Academy will broadcast the ceremonies from the academy’? station, WCMA. A group of Culver cadets will stage a parade of colors, reviewing flags of the eight allied nations, as part of the ceremony.

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Bea Flag! William Fortune, Indianapolis Red Cross chapter chairman, has appealed for 600 volunteer women to assemble in red, white and blue costumes on the south steps of Soldiers’ and Sailors’ Monument to form a living flag greeting to Gen. John J. Pershing in the War Memorial parade Monday morning. v Costumes will be provided by the Red Cross. The women will have an excellent place from which to view the entire parade, Fortune pointed out.

SET PICTURE RECORD Times’ Service Scores With Flight Scenes. Bu United Press NEW YORK, June 30.—A1l records for long distance delivery of photographs were broken at the conclusion of the San Francisco-to-Honolulu flight. A photographer for N EA Service was waiting at Honolulu when the American Army fliers dropped down yesterday at 1:01 p. m., eastern daylight time. He snapped his pictures and was taken by automobile to the wireless station, where the pictures were developed. Two were started by radio for San Francisco. They were completed in San Francisco at 7 p. m., eastern daylight time, and started by telephoto for New York, where they arrived at 9 p. m., eastern daylight time, just eight hours after the airmen landed. The Times receives the full NEA Service. FLIER SETS RECORD Publisher, at Batavia, Will Continue Flight. Bu United Press BATAVIA, Dutch East Indies, June 30.—Van Lear Black, publisher of the Baltimore Sun, arrived at Weltevreden flying field, in the suburbs of Batavia today, completing his world record passenger flight. The Fokker monoplane which he had hired at Amsterdam for the flight had covered 8,000 miles in 15 days. He was so encouraged at the smoothness of the trip that, reversing a previous announcement, he said he would continue his flight 4,000 miles to Australia, starting Sunday. “I foresee a future In which every business man will use airplanes for long distance voyages,” he added. STEEL CARS SAVE LIVES Only Six Injured When 4 Coaches Leap Embankment. Bu United Press CItICAGO, June 30.—Steel coaches today were credited with saving the lives of scores of passengers on a Nickel Plate train—inbound from New York—which struck an open switch in the southern extremity of Chicago and was wrecked. The four last coaches of the train leaped over an embankment and overturned, trapping more than fifty persons. Only six were injured and only one of ' the injured was considered serious. She is Miss Dorothy McClure of Barrington, 111., who received internal injuries. TWIN SWIMMERS ARRIVE Girls Paddling 162 Miles From Albany to Battery. Bit United Press NEW YORK, June 30.—Bernice and Phyllis Zitenfleld. the 13-year-old swimming twins, arrived at the 158th St. dock at 7 a. m. today, completing the next-to-last lap of their 162-mile swim down the Hudson from Albany to the Battery. The twins left Yonkers at 5:30 a. m. They arrived in Yonkers at 5:30 p. m. yesterday from Tarrytown, 14% miles up the river. They have now finished 155 miles of the swim in 49% hours actual time in the water, their trainer, George Mains, said.

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Says Tractor Have Brains Alvin Buttery, Farmer Near Griffin, Describes Unusual Accident. Bu Times Special EVANSVILLE, Ind., June 30. How a tractor became almost lfke an enraged animal, was described here by Alvin Buttery, 25, farmer, of near Griffin, Ind., who is at a hospital here suffering from injuries inflicted by the ton and a half machine. Physicians have little hope that Buttery will survive his injuries, but he is confident he will recover and is impatient to get well and back to work. “It was as if a monster machine had brains and was trying to kill me,” Buttery recalled. “I was hitching a gang plow to the tractor he continued, “not thinking of any trouble, because the transmission of the tractor never had been out of order. I must have Jarred the gear and I fell under the wheels.” The wheels, crushing the lower part of his body, broke a vertebra and paralyzed his legs. "In a minute the tractor circled the field and came toward me again. I could not move an inch. It passed over my legs again. “It seemed that the thing was trying to kill me. Again and again it circled past. Sometimes I could have touched It. I could only watch it and think of one thing. If a rut or a clod turned the wheels a fraction of an inch the wrong way—” Buttery did not need to sell what would have happened. “I think I was there for two hours. The physicial torture was not as bad as the thoughts of what might happen at any time. I have a wife and three children. “One time the tractor stopped at the far end of the field. Then I fainted. But I woke up when I heard it again, coming closer and closer. The jar of the engine had jolted it into gear again.” Finally Buttery tore a sleeve from his undershirt and held it. aloft on a stick that lay near him. Attracted by this and by the strange antics jof the tractor, Claude Compton, working nearby, ran to the field and ! stopped the machine. AGREE ON DESTROYERS Naval Pact Framers to Consider Submarines Friday. Bu United Press LONDON, June 30.—An official naval conference communique issued at Geneva announced that the technical commission had reached provisional agreement regarding destroyers and destroyer flotilla leaders, the exchange telegraph company's Geneva correspondent cabled today. The correspondent added that the communique announced submaries would be considered Friday. Full agreement had been reached regarding the first category of destroyers, the correspondent said he had learned. He reported they would be limited to 1,500 tons In displacement and twenty knets in speed. Their limit, he said, would be fixed at fifteen years.

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ENGLAND NOT DOWN AND OUT Noted Economist Says America Has False Idea. Bu United Press NEW YORK, June 30.—Sir Joslah Charles Stamp, English Industrialist! and economist, who received the degree of Doctor of Laws from Harvard University recently, said before sailing for home that he was optimistic over Britain’s industrial progress. "I want to correct some misapprehensions in this country about England’s condition before I leave,” he said. “The impression is too common that England is down and out. Asa matter of fact, although the United States may have achieved an eminent industrial position in the world, England’s firm position remain’s unchanged and its industrial leadership in Europe continues as before the war. “I have heard much commisseration upon our unemployment, but the fact is overlooked that in the past few years British industry has constantly been absorbing more and more workers ,at the rate of about 150,000 additional a year. Unemployment remains a problem, but it is losing its acuteness.” LOWDEN ACCEPTS INDIANA BOOSTING Thanks Hoosier G. O. P. for Offered Campaign Aid. Bu United Press OREGON, 111., June 30.—N0 man in history has run away from the presidency of the United States, former Governor Frank O. Lowden of Illinois told a committee of Indiana Republicans who called on him. The committee requested permission of Lowden to enter his name in the Indiana preferential primaries of 1928. “I can not tell you how greatly I appreciate your visit and your expression of confidence in me on behalf of yourselves and those you represent. All I can say is that I know of no man in all our history who has run away from the presidency,” Lowden said. HINT OF LOVE SLAYING Bu Times Special GARY, Ind.. June 30.—Police today are questioning Benjamin Hesselrock and his bride of three weeks, formerly Mrs. Ruth Coffman, in connection with the slaying of John A. Burt. Burt was fatally beaten with a piece of iron pipe. Police say his roommate. John Havill, 18. told them Burt was angry with Hesselrock, declaring the newly wed man had stolen his sweetheart. Mrs. Hesselrock admitted she had re-j jected Burt's attention. J The help-y our self plan on a cafeteria enables the finest of foods at “odd penny prices” to be served at White’s Cafeteria “On the Circle.’’

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