Indianapolis Times, Volume 39, Number 89, Indianapolis, Marion County, 22 August 1927 — Page 1

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SCRIPPS-HOWARD

SHAKE-UP AT CITY HALL IS LIKELY AGAM Police Chief Johnson to Take Buser’s Place, Says Political Gossips. DUVALL OUT OF CITY Worley Expected to Head I Cops as Result of Se- • cret Parley. With Mayor John L. Duvall abtent front the oity rumors that another city hall shake-up is brewing were current today. The shakeup, according 1o the rumor most persistent, will involve X!ity Controller William C. Buser and Police Chief" Claude P. Johnson. Johnson, it is said, agai Jt his will, will resign as police chief to become controller. The controller succeeds to the mayorship if the mayor dies or is removed from office. > Worley’s Future Claude M. Worley, according to reports, will beertne chief. Worley was ousted as detective chief two weeks ago and was renamed to his old post as special investigator for Criminal Court by Judge James A. Collins. The return of Worley to the police department, it is said, would follow a conference between Worley and Duvall at Peru, Ind., several days ago. Worley refused to deny or affirm the reported conference, said to have taken place since he was ousted by the board of safety. Duvall denied it. Aid During Storm At the conference, it is said, Dujrall asked Worley’s aid to tide him over the council impeachment move, k Other reports current were that I Johnson would take the city purchasing agent’s post now held by John J. Collins. Collins and Johnson conferred with Buser this morning at city hall. Buser, however, denied he intends to resign. “I’m still controller and I have no Intentions of resigning,” he said. / “I don’t know anything about t.iat,” he said when asked If Johnson was to resign or be ousted and anew chief named. Johnson declared he had no intention of resigning. i Haskett Denies Rumors Asked about the rumors, O. D. Haskett, board of safety president, said: “So far as I know there will be no changes In the police department and none are contemplated. The present police department is the best in the city’s history and I will not approve any shifts.” Asked if he would resign if any effort was made to force Johnson, out, Haskett said his action would depend on the circumstances. Board approval of the appointment of a successor to Johnson as chief would be .necessary. Edgar Hart, safety board member, also declared that he would not lavor removal of Johnson from the chief’s post. Hart was named to the board when John George, resigned from the board followihg ousting of Worley as detective chief. He had opposed Worley’s demotion. Reports that Duvall would make .further changes In the board if it 'objected to the proposed reinstatement of Worley have been current for sometjme.. . A short time after a Times reporter talked to Hart and Haskett, the two joined Johnson at police headquarters and went for a ride In the chief’s car. Johnson, it is known, does not desire to quit the police force, as he will be eligible for pension if he remains on the force the remainder of this administration and four months of the next administration. Robert F. McNey, former Klan Cyclops, called at police station while Johnson was absent and waited some time for the chief. Lieut. Arthur Magee, the mayor’s aid, also visited the chief's office to learn he was absent. FEAR TROPICAL STORM Vessels Between Bermuda and Bahamas Sent Warning. Bv United Preee g* WASHINGTON, Aug. ‘22.—The weather bureau today advised vessels between Bermuda and the Bahamas to use caution within the next twenty-four hours because of a tropical disturbance “dl considerable intensity” in that region. The steamship Beacon Oil, In that vicinity last night, reported a wind of sixty-four miles an hour. ASKS BAN ON SEA HOPS Aeronautical Association Official L Says Further Risks Unnecessary. " Bv TMlted Preee ST. JOSEPH. Mo., Aug. 22.—Believing the purpose of aviation has ljeen accomplished, Carl Wolfley, vice president of the National Aeronautical Association, today asked Department of Commerce to

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The Indianapolis Times Increasing cloudiness with probably thunder showers tonight; Tuesday mostly fair and cooler.

VOLUME 39—NUMBER 89

Splash! Boy, 7, Swept Mile Through New York Sewer Into Riyer. \

Bii United Preee r—JEW YORK, Aug. 22.—AnjM I thony D’Agostino was swept LLU a mile through a New York sewer into the East River and was alive to tell about it today. Doctors at Bellevue Hospital said he could go home today. Anthony is 7. He and some companions lifted a manhode of the sewer yesterday and were dropping rocks in to hear them splash. Anthony .tumbled in with an etxra large splash. Fire engines, police and most of the residents of that section of the east side turned out to the rescue. Screaming fire engines raced for the river, while at every manhole men dropped off and looked for Anthony. Two men leaped off a dock with their clothes on, looking for the river outlet of the sewer without success. A plumber arrived who knew the route of the sewer and guided a police boat to its outlet. In a few minutes out came Anthony in a rush of water.' “Gee, it was cold in there,” he chattered as they took him to the hospital. DUVALL PAPER CLOSESDOORS Printers Condemn Mayor After Publication Slops. The Indianapolis Post, Mayor John L. Duvall’s newspaper suspended publication today. A sign on the door reading "Closed for re-organ-ization” greeted employes this morning. Efforts to reach the mayor at his offiice for comment on a statement issued by a committee of were unsuccessful. The mayor’s office reported him at his farm, near Princeton, Ind. * The resolution recited that whereas the employes were led to quit good Jobs in Indianapolis and other cit'es to work for the Post, upon assurances of Duvall and his associates that the paper was “adequately financed”: Resolved, That said Mayor John L. Duvall, by these tactics, has proven himself to be a man of questionable character for truth and veracity and unfit to be the publisher of a newspaper; and, be it further , Resolved, That the members of the Post chapel feel that John L. Duvall is an unfit person to occupy the office of mayor of Indianapolis, and we hereby a3k his resignation. The resolution is Vgned by J. E. Pigman, brother of B. F. Pigman, general manager of the Post; Arch D. Hineh and James Harvie. City Controller William C. Buser, secretary-treasurer of the Post,' stated owners had decided to sell stock, enlarge the plant and publish a Sunday morning paper in addition to a larger evening paper. He didn’t say when.

FEARS CORN. BORER State Entomologist Says Whole State Threatened. European corn-borer will sweep the State and perhaps all corngrowing sections of the country, State Entomologist Frank Wallace declared In announcing nine additional Indiana townships infested. Wallace will appeal to the next Congress to make no further appropriations for an educational campaign. The money is spent to tell the farmer that covn-borer can be destroyed absolutely and this Is untrue and unfair in Wallace’s opinion. “In Indiana we have never told the farmer that the corn-borer can be stamped out entirely.” the State Entomologist continued. “The best we can hope for is to check Its ravages and this can be done with proper cooperation.” Townships added to the borer list today are York, Middlebury, Harrison and Washington in Elkhart County; Etna, in Whitley; Plain and Turkey Creek in Kosciusko; Washington in Noble, and Union in Wells. There are now ninety-one townships i*i ten counties infested. CLAIM ARREST ILLEGAL Three Men Deny Authority of Per- , sons Who Nabbed Them. Merritt Lambert* 40, of 526 E. Market St.; William Thompson, 36, and Louis Thompson, 22, both of 914 W. Michigan St., today planned defense of Illegal arrest by horsethief detectives in municipal court against gambling charges. The trio said that Roger Huffpian, 1119 W. New York St;; Walter Ray, Maywood, Ind., and David Furtiish, 412 W. Ne wYork Bt., and Isom Dillon, 821 W. New York St., hid no authority to take them into ctJtody on a gambling charge at traW. New York St. bridge over White River Sunday. alleging they Were sboottas Mpi* I

THIRTEEN DIE •BY VIOLENCE OVER INDIANA Automobile Accidents Fatal to Eight During WeekEnd. TWO SLAYING VICTIMS Man and Woman, in lil Health, Die by Own Hands. Thirteen persons are dead in Indiana today, victims of violence during the week-end. Eight died as the result, of automobile accidents, one of these being in Indianapolis. There were two slayings and two suicides. A man was electrocuted.. Included in the fatality list is a man 81 and a woman 70 and a baby 5 months old. William Dilts, 81, of near Alexandria, despondent over ill health, killed himself with a razor at the Madison County Infirmary. Mrs. Charles K. Real, 50, died after taking poison at her home in Blcknell. She had been sick. Eight in Upset Car Mrs. Andrew J. Clarkson, 70, Madison, was killed when the automobile in which she and seven other persons were riding upset in a ditch after leaving a road twelve miles west of Madison. Her husband and William Griffin may/not survive injuries. Bruce Gilbert, 21, Terre Haute, died of Injuries suffered when his automobile collided with another. Herman C. Adams, 23, Shelbyville, was fatally injured when run over by a stone-laden truck at a quarry south of that city. Ralph Dealing, 33, Marion, was killed at Alexandria, when he came in contact with a high tension wire while engaged In his work as a lineman for the Indiana General SeiVr lee Company. He leaves his widow and twin sons. Kokomo Baby Killed Dale Edward Beaman, 5 mouths old, son of Mr. and Mrs. Court Beaman, Kokomo, was killed when the family auto was struck by a Union Traction car at Alexandria. R. G. Helbom, 40, Little Rock, Ark., was killed while en route to Crown Point to be married when his car collided with another on Btate Rd. 59, ten miles north of here. * Miss Anna Cohee, Louisville, Ky., the bride-to-be, was slightly Injured. Herman Riley, 19, one of the three persons riding in the other car was so badly injured he is expected to die. Joseph Keys, 19, of near Bowers, Station, Ind., driver of the other car, also was killed. Drivers Held Newton JScott, 72, Logansport, was fatally Injured when struck by an automobile said to have been driven by William Diamond, 35, who is held on a charge of manslaughter. Edward Gross, 46, Marion, was shot to death at the Aaron Griffith farm north of Van Buren, the tragedy, according to Grant County authorities, ending the operations of a chicken stealing gang which has been operating extensively In the Van Buren neighborhood. Harvey Foreman, Earl Miller, Virgil Chambers and Lewis Gross, son of the dead man, all alleged members of the gang, are In custody. Richard Meese, Warren, and Fred Haupton, near Van Buren, members of the Horsethief Detective Association, are said to have fired the fatal shots. Members of the association had been guarding a number of farms in an effort to catch chicken thieves. Hugh Cole, 26, Brazil, was beaten to death at Taylorville, near Terre Haute. His body, slumped in a chair was found in fronfcof a house. Robbery was believed to have been the motive for the fatal attack. Three persons have been questioned by Terre Haute police in the case. HER PAJAMAS UNLINED Actress to Appear Again In Spider Web Costume. By United Preee LONDON, Aug. 22.—Janne De Casalis, leading woman in “Potiphar’s Wife,” was to appear tonighth in spider-web pajamas with the lining removed. The first-night audience was shocked by the costume and it was lined, but Norman Loring, the pioducer, ordered the lining removed after a trial.

Baby Found in Basket on Greenfield Street

Hancock County authorities asked local police today to aid in Identifying a 10-day-old baby found Sunday night In Greenfield. The baby was found by Mrs. Robert Emmett of Greenfield In a market basket on the sidewalk a half block from the town’s business district. A tag on the child’s wrist bore the inscription “Baby Jordan. 404. Dr. Hosman.” Dr. Fred L. Hosiran, 150514 N. Illinois St., said he attended Mrs. Norman F. Jordan, 19, of 1402 E. Tenth St., at Indiana Christian hospital here, Mrt Jordan was released tacn the hoanital shortly 1 • w

INDIANAPOLIS, MONDAY, AUG. 22,1927

Love Notes President’s Son Writes to Governor’s Daughter Every Day.

Bv United Preee BRAINTREE, Mass.. Aug. 22. John Coolidge, the President’s son, apparently writes a daily letter to Miss Florence Trumbull, daughter of Connecticut’s Governor, with whom his name often has been linked with romantic predictions. Every day this week while Miss Trumbull has been the guest of Miss Theodosia of Braintree, a college chum, she has received a letter from John, now with his parents at Rapid City, S. D, William Mullane, the letter carrier who for thirty-three years had delivered mail over the route on which the Davis home is located, admitted it was “some thrill to deliver love letters from the President’s son.” HOPE IS FADING FOR LOST FLIERS Navy Will Continue Search Until Thursday. By Timee Special SAN FRANCISCO. Ca!., Aug. 22. —As the end of the sixth day of their silence neared early today, hope of finding alive Miss vtildred Doran, pretty Flint, Mich., flying school ma’am, and the brave aviators, who are lost on the Pacific dropped to a low ebb. Miss Mildred Doran, Auggy Ped lar, and Lieut. Vilas Knope, of the Miss Doran, and Jack Frost and Gordon Sqptt of the Golden Eagle, will have been lost six days shortly afternoon today. Captain William P. Erwin and A1 Eichwaldt of the monoplane Dallas Spirit, will have been lost four days tonight. The straight path of ships between here and Honolulu has now been thoroughly inspected by commercial ships. Planes, which only worked thirty miles on each side of the carrier Langley, today were making preparations to cover the ocean for radius of more than 200 miles hoping that they may find soire trace of the planes or the members of their crews. This pathway will gradually be made wider until when the fleet reaches Hawaii. Search Prolonged By Timee Special , WASHINGTON. Aug. 22.—Nivy search of the Pacific for seven missing aviators was authorized today to be continued until Thursday, by Admiral E. W. Eberle, acting secretary of the Navy. Original authorization of the search called for continuing It at least until tomorrow. UNITED STATES WILL JOIN TRANSIT PARLEY By United Preee WASHINGTON, Aug. 22. The United States has accepted the League of Nations invitation to participate in the third communications and transit conference at Geneva Aug. 23, Secretary of State Kellogg announced today. Hugh R. Wilson, American minister to Switzerland, <Hll be American representative aided by Chauncey J. Parker, United States shipping board counsel, and N. F. Titus, Department of Commerce. PROBES- BOOZE DELUGE Northwest Dry Administrator Called to Washington to, Explain. By United Preee WASHINGTON. Aug. 22.—Assistant Secretary of Treasury Lowman explained today that his Saturday summons to Roy C. Lyle, administrator tor Washington, Oregon and Alaska to come here Sept. 1 for a conference, wad so he could find out “why so much liquor is coming through Seattle.” BORAH MAY AID SACCO Will Go East if Radicals Are Granted New Stay. Bv United Preee SPOMANE, Wash., Aug. 22.—Senator William E. Horah, Republican, Idaho, told the United Press today he would go East to assist in the defense of Nicola Sacco and Bartolomeo Vanzettl if they were granted another stay of execution.

p. m. Sunday. The baby bearing the tag was found at 9 p. m. Dr. Hosman said the “404” written on the tag had reference to the hospital room occupied by Mrs. Jordan. Marshall Winslow of Greenfield, Children’s Guardian Association president, said several offers have been received from persons anxioup to adopt the child. The baby Is being cared for in the home of Sheriff Harry Comstock. Mrs. Ida M. Theis, 1402 11 Tenth St., at whose home Jordan and hiz wife lived iince April 1, said they had not been there since Mrs. Jordan went to the

KLAN DEAD ASG. 0. P: POWER, • SAYSKEAUNG National Committeeman Thinks Reign in State Definitely Ended. KLUX BALLOIS SHUNNED Remy Is Praised fop Way Investigation of Charges Is Being Handled. By Timee Special MACKINAC ISLAND. Mich., Aug. 22.—Never again will the Ku-Klux Klan be a strong factor in Indiana politics, Joseph B. Kealing of Indianapolis, Republican national eommitteeman from Indiaria, declared here today. Whether Governor Ed JacksonV famous horse story, charges of attempts to bribe high State officials and other tales coming from wlthlr. and without the prison cell of D. C. Stephenson, former Indiana Klan chief, are found true, or not, by the grand Jury now Investigating them, the hooded order’s reign “along the Wabash” Is ended, the national committeeman feels sure. Shun Klan Ballots “Hoosler candidates won’t seek the Klan vote any more. In fact, they already are going out of their way to shun it,” said Kealing. who although here to recuperate from recent illness, is seen daily in the Grand Hotel’s reading room, scanning Indiana newspaper reports of latest developments. “By next autumn, the grand jury will have settled the charges, and the Klan will be out of Indiana politics," he says. “Only one thing can renew, even temporarily, Klan activity in Indiana, and that is nomination by the Democrats of a Catholic for President of the United States.” Oovemor Ed Jackson hardly will be forced out of office by the current investigation, according to Kealing, who holds that any candidate naturally would have sought the number of votes the Klan was said to control. Remy Given Praise William H. Remy, prosecuting attorney, is handling the investigation in a way that pleases the voters and should lead toward making him Governor In the not far distant future, the veteran politician said. Kealing hopes President Coolidge will be persuaded to run for re-elec-tion next year. He joins Mr. Alvin T. Hert of Louisville, Ky., vice chairman of the Republican National Committee also summering here, in doubting that a woman will be nominated for vice president or president in 1928 or 2028 either. Both agreed: “Women don’t want those mankilling offices.”

COOLIDGE IS GUARDED Party on Way to Yellowstone; Eye on Radicals. By United Preee ABOARD PRESIDENTIAL SPECIAL. EN ROUTE TO YELLOWSTONE, Aug. 22.—With extra precautions being taken to safeguard against any demonstration because of the Sacco-Vanzettl electrocution scheduled for tonight, the special train bearing President Coolidge and his party of forty persons wound through Wyoming Creek beds today up to the continental divide In Yellowstone National Park where the President is to see the scenic sights, fish and ride horseback for a week. A pilot engine ran half a mile ahead of the presidential train to test the rails. Secret service men were ordered to see that no unusual incidents were staged along the route. INSTITUTE IS HELD Marion County Teachers Hs*x Education Leaders Speak. O. H. Grelst, head of the State teachers retirement fund, spoke this afternoon at the Marion County teachers' Institute. The session opened this morning and will continue until Friday. Meetings are being held In Criminal Court. Dr. George H. Tapy, of the Wabash College educational department and Nell M. Long, of the State fire marshal’s office spoke this morning.

22 PICNICS ARE HELD Garfield Park Host to M,OOO on Sunday. Twenty-two family reunions were held Sunday at Garfield Park and more than 30,000 ,were guests during the day, according to Custodian William C. Hall. Picpics Included employes of the Big Four and Burlington Railroads, and the Capitol Ave. M. E. Sunday school. Lawrence County reunion was postponed until next Sunday. General chairman is E. M. Stripp. Concerts are given from 3 to 5 I p. m. each Sunday by the IndlaniipoUs Military Oonoert Band,

Entered as Second-Class Matter at Postoffice, Indianapolis

Lita Is Granted Decree; , Gets $850,000, Children

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By United Preee LOS ANGELES. Aug. 22.—An interlocutory divorce decree today was granted, separating Lita Grey Chaplin from her husband, hCarlie. The decree followed formal announcement of an amicable property settlement. Lita Grey Chaplin’s appearance in court was a mere formality. After Mrs. Chaplin has made the commonplace charge of cruelty from the stand, attorneys will present a signed agreement to the court. The trial may even be completed this afternoon. Chaplin did not appear. While the terms of the settlement wefe not to be made public. Mrs. Chaplin, it is understood, will receive

Offer to Die for Sacco, Costs Woman Guide's Job

Quaker Woman Suspended From Post in U. S. Capitol Building. Bu United Press WASHINGTON. Aug. 22.—Her offer to sit In the electric chair In place of Sacco ant Vanzetti has Co6t Mrs. Lenora H, Jones, 59-year-old Quaker mother, her job as a tourist guide in the Capitol building. “She has been indefinitely suspended,” said J. J. ,McGrain, deputy serg ,nt-at-arms of the Senate, “because she talked too much. We did not think she should be filling tourists with Sacco-Vanzetti talk while we have to place extra guards on the Capitol to prevent radical demonstrations.” *‘l do not know Sacco and Vanzetti,” said Mrs. Jones, “but all my life I have worked in the interest of peace. I saw in the execution of these men a great possible harm to the United States because of the belief that these men are not guilty. I want to prevent the international hate which darrying out of this sentence would create. "If my little life could prevent the ham that might come from such a wave of hatred 1 would gladly go to the electric chair in the place of Sacco and Vanzetti.” Hundreds of tourists have been guided through the House and Senate chambers -of the Capitol by "Mother” Jones. During Congress’ sessions, she ha.; acted teacher for the. Senate pages. She is from Wichita, Kan., where her husband was formerly a professor in Friends College. He is now an Invalid and Mrs. Jones has been working here to support him and a daughter. REDFERN HOP ITUESDAY Ready to Begin Flight From Georgia to Brazil. By United Press BRUNSWICK, Oa., Aug. 22.—Paul Redfem will takwoff in his -monoplane Port of Brunswick tomorrow on his projected flight Jo Brazil, acoording to tentative plans announced today. Trooper Killed in Riot Bf/ United Press PITTSBURGH, Pa , Aug. 22 —One State trooper was killed and several persons wounded in a riot at Acmetonia, near Tarentum, today, according to reports to police here. The killed was Pri-

Mrs. Ljta Chaplin

approximately $850,000 and SIOO,OOO will be settled upon each of the Chaplin babies, Sydney Earle and Charles Spencer, Jr., who will be given into the custody of their mother. Chaplin, however, has reserved the right to visit his children at any time, and this privilege has been grantedMrs. Chaplin told the United Press today that she will give her entire time for the present to her children Later, however, she may undertake a career, either in motion pictures or as an author. She has nearly completed a story of her life with Chaplin. Chaplin announced that he would resume production of “The Circus.”

PROHIBITION RAPPED Pharmacists Declare Liquor Is Needed. By United Preee ST. LOUIS, MO., Aug. 22.—Prohibition is a failure and repeal will be forced by the necessity for medicinal alcchol, pharmacists assembled hero said today. “A physician in trying to save human life should not be handicapped by restrictions put on the statute books by laymen,” Wortley F. Rudd, president of the Virginia Pharmaceutical Association, declared. More than 300 delegates are here for the convention of th-j American Pharmaceutical Association, National Association Boards of Pharmacy and the National Conference of Pharmaceutical research. GLOBE GIRDLFNG FLIGHT STARTS FROM DETROIT Aviators Hope to Complete World Dash in Twenty-Two Days. By Timee Special DETROIT, Mich., Aug. 22. Bound on an around the world flight which they hope to complete in twenty-two days, Edward F. Schlee, Detroit, and his pilot, William S. (Billy) Brock, hopped off from Ford airjrort today for Curtis field, New York. The present record for clrcum-navigating-the globe is 28 days, 14 hours and 53 minutes. Schlee and Brock flew a StlnsonDetrolter monoplane, which left at 10:20 a. m. They were accompanied by Riehard Blythe. BANK CRASH PROBED Grand Jury Gets Facts in Failure of J. F. Wild Sc Cos. Investigation of the J. F. Wild ec Cos. State Bank failure was started today by the Marion County grand Jury. Claude Worley, special Criminal Court investigator, conferred with the jury, announcing that the matter had been presented. The probe Into the bank’s affairs is expected to be lengthy. Worley said he will, continue to interview various persons about the situation while the gran* jury is conducting its quiz. Hourly Temperatures 6 a. m 62 10 'a. m 75 7 a. m 64 11 a, m 74 8 a. m...... 69 12 (noon) 76 9 ft. n l PL .*4 75 .V*' ■- *• V,

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SACCO'S LAST HOPE BLASTED BY JUSTICES Only Governor Fuller Stands Between Radicals and Chair Now. U. S. APPEAL FUTILE Electrocution Scheduled" for Three Minutes Past Midnight. BY HENRY MINOTT United Press Staff Correspondent BOSTON, Aug. 22.—0n1y a man who believes they are guilty and should die now stands between Nicola Sacco and Bartolomeo Vanzetti and the electric chair. Unless Governor Fuller grants them a third respite, the condemned anarchists will meet their doom three minutes past midnight tonight in Charlestown State prison. A 200-mile race to Rockland, Me., and a thirty-flve-mile boat dash through fog-bound waters, won for Chief Defense Counsel Arthur D. Hill only the refusal of Justice Harlan F. stone of the United States Supreme Court to intervene. Shortly before, word had come from Point Au Pic, Quebec, that Chief Justice William Howard Taft would not cross the American border so he might have jurisdiction to consider a similar petition. Justices Oliver Wendell Holmes and Louis D. Brandeis already had denied petitions to stay sentence. Filing Means Nothing The case that has arrested worldwide interest during its seven years before the courts had been formally filed with the nation’s supreme tribunal today, *- jt without a say of sentence this action meant ' nothing. Faced with defeat on every hand, the defense decided to go back to the State courts whose doors had been closed, it was believed, by the adverse decision of the full bench of the Massachusetts Supreme* Court. Elias Field of the defense legal staff held a hurried conference with Judge James H. Sisk of the Massachusetts Superior Court. He believed, he said, that Sisk had the authority to grant a stay of sentence. But when Field left the courthouse he was downcast and obviously disheartened. K> said they had discussed the case, but no action had resulted. Sensation Planned Anew and sensational last-min-ute move was being considered by defense attorneys just before midafternoon. Ray M. Wiley of Springfield, associate counsel for Gerald Chapman in the bandits unsuccessful fight to escape the gallows, was called into conference with defense counsel. In the-Chapman case a five-day stay was obtained by getting an injunction against the prison warden. Similar action, it was understood, might be taken in the Sacco-Van-zetti case. If this were done, ,the defense arguments would be based on the alleged unconstitutionality of a law that prevents the State Supreme Court from reviewing the facts of a case or any other pending litigation in a court other than a State court. What was interpreted as an indication that Governor Fuller did not plan tojntervene was an announcement this afternoon by William L. Reed, secretary of the executive council, that the council had not been called for a special session. Governor Fuller could not grant another respite without the council’s approval. If the Governor denies the petition, no council action is necessary. Cite Two Arguments The defense has two arguments as the basis of their appeal to the Governor. One is that an appeal to the United States Supreme Court is filed in Washington and that the men should be reprieved until the court can act on it. The refusal of the Justices of that body to interfere, however, m'nimizes the force of that argument. The other argument is that the Department of Justice in Washington has agreed to open its files on the Sacco-Vanzettl case if the Governor or his advisers ask It. The plea is that Sacco and Vanzettl were the victims of the “Red hysteria’' of 1920 and the department flies will tend to show they ware P’.osecuted more for their political beliefs than for the double murder they swore they did not commit. The Governor and his advisers have rilled repeatedly, however, that the men were given an unbiased trial and it is considered impossible they will ask .for the Federal records. Prisoners Prepared Sacco and Vanzetti are prepared to die. They have expressed the conviction, with increasing frequency of late. that they are doomed. Ic will be a triple execution. Celestino Madeiros, a Portuguese sentenced for murder, will go to the chair first. He has been linked with the Sacco-Vanzetti case by Ms "confession” that he committed the murders for which they are to ase.