Indianapolis Times, Volume 39, Number 110, Indianapolis, Marion County, 16 September 1927 — Page 1

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SCRIPPS-HOWARD

IRISH FLIERS DEFY OCEAN IN NEW DASH Free State Airmen Hop Off n From Dublin Airdome for America. CONFIDENT OF WINNING Captain Macintosh Scoffs at Public Agitation as j * Starts Flight. By United Press DUBLIN, Sept. 16.—Two Irishmen left Baldonnel airdrome at 1:34 p m. today in an attempt to fly across the Atlantic ocean. They were Capt. Robert H. Macintosh and Commandant James Fitzmaurice of the Free State air force. Fitzmaurice replaced Captain Wreford as Macintosh’s companion when it was found that Wreford’s war wounds made it impossible for him to control the monoplane. “With luck we will do it,” Macintosh said just before the start. “I shall steer a direct course to Newfoundland (Great Circle) and expect to make New York in twen-ty-six hours. (Macintosh’s schedule would call for his arrival in New York at 9:34 a. m., E. S. TANARUS., tomorrow.) Confident They’ll Win. "I have every confidence of success.” The Princess Xenia carried 720 gallons of gasoline. It rose after a run of 500 yards. Macintosh scored the recent public agitation against further transAllantic flights. “I still am convinced,” he said, “that this flight is one that should be made in the interests of aviation. It is not a foolhardy flight. I have taken every precaution. SoJne one must take the risks if there is to be progress.” It was understood that William B. Leeds, .son of the late tinplate magnate, was the principal backer of the Macintosh flight. Mrs. Leeds v.'as Princess Xenia before her marriage. Two Free State air force planes were to accompany the trans-At-lantic plane to the Irish coast. Carries No Wireless The Princess Xenia has no wireless and the only safety appliances are a rocket pistol and a small pneumatic boat. As the fliers climbed into the cockpit, Macintosh was eating candy and laughing. His farewell message was: “Ta, ta, I’m off.” The Macintosh plane has been waiting at Baldonnel for several weeks while other proposed transAtlantic flights were called off, one by one. The weather at the airdrome and vicinity was cold and windy when the fliers departed. The sky was overcast. Good Weather for Flight By United Press LONDON, Sept. 16.—Good weather for 500 miles off the Irish coast, with clouds and drizzle over the next 1,000 miles, today awaited Captain Macintosh and Commandant Fitzmaurice, who left Baldonnel, Ireland, in an attempt to fly to the United States. “Macintosh started in much better weather than has existed for some time,” the air ministry informed the United Press today. “Near Newfoundland the fliers will encounter clouds and considerable head winds.” Likely to Find Fog By United Pres WASHINGTON, Sept. 16. —ls Captain Macintosh and Commandant Fitzmaurice take the great circle course in their trans-Atlantic flight from Dublin, they are likely to encounter fog as they approach Newfoundland Sunday morning, according to the latest weather bureau ti-ans-oceanic weather messages given out Thursday. Should they take the Azores route, they will encounter north winds, according to a Horta message received last night. FILES SUIT ON BUDGET County Surveyor Claims County Council Can’t Cut Expenses. Henry R. Campbell, county surveyor', Thursday filed suit in Su- , perior Court Five for a mandamus ordering County Auditor Hairy Dunn to certify the budget appropriation for his office of $17,700 to the State tax board for consideration. The county council cut the request to $8,640. The suit alleged that the commis•ioners regulate expenses of the office and that they approved the budget. Typhoon Dead Number 263 Bn United Press TOKIO, Sept. 16.—Official casualty list from the typhoon which this week swept Kyushu island and other parts of Japan, was made public today. The known dead numbered 268 and the missing 369. Number of vessels wrecked by the storms reached 420.

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The Indianapolis Times i Generally fair tonight and Saturday ; not quite so warm tonight.

VOLUME 39—NUMBER 110

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Ifrfc x h i

Capt. R. H. Macintosh

EXPECT GRAND JURUEPORT Judge Hopes to Arraign * Some Defendants Soon. t A partial report of the Federal grand jury upon Evansville, Terre Haute and New Albany cases may be made today. The jury has been in session for two weeks. It is understood that Judge Robert, C.. Baltzell desired the partial report in order that the defendants from the southern Indiana cities might be arraigned next week, making it possible for him to set Terre Haute cases Oct. 3; Evansville, Oct. 10, and New Albany, Oct. 17. The grand Jury is expected to Investigate the South Bend and Indianapolis liquor situations next week. More than 100 persons were arrested in liquor raids by Federal agents operating independent of South Bend police two weeks ago. One alleged conspiracy in Indianapolis which the jury is expected to go into involves 120 persons. The Indianapolis case is expected, to be taken upon Sept. 21. ENTER SPOKANE RAGE \ • Windsor Plane to Compete in Non-Stop Flight. By United Press ROOSEVELT FIELD. Sept. 16. A long list of planes entered in the forthcoming New York to Spokane air derby was swelled today by addition of the Royal Windsor, the Stin-son-Detroiter which withdrew from a trans-Atlantic flight after the recent series of disasters to the nonstop list. Tlftre are two other classes of plants. Class A leaves Tuesday at 5:30 a. m. Each class A plane will carry one passenger and two pilots and will make an over-night stop at Chicago and five-minute stops at Cleveland, Aberdeen, S. D.; Miles City, Mont., and Butte, Mont. Class B starting Monday morning at 5:30 with one passenger, will make overnight stops, one at Chicago and the other at Glendive, Mont. Five-minute stops will be made at Beliefonte, Pa.; Cleveland; Bryan, Ohio; St. Paul; Fargo, N. D.; Bismarck, N. D.; Billings, Mont., and Missoula, Mont. 1 RETURNING TO WINDSOR Plane Leaves Old Orchard, Maine, on Trip Back to Ontario. By United Press OLD ORCHARD, Maine, Sept. 16.' —The monoplane Royal Windsor, carrying Pilots Phil Wood and C. A. (Duke) Schiller, took off from Old Orchard Beach at 8:59 a. m. (eastern standard time), today for Windsor, Ontario. Bad weather and ignition trouble had kept the plane at Old Cfrchard yesterday. The fliers had stopped here en route from Harbor Grace, Newfoundland, to Windsor after abandoning plans for their non-stop flight to Windsor, England. Bath Quarrel Leads to Shooting Bh United Press POTTSVILLE, Pa., Sept. 16. After quarreling with her over his refusal to take a bath, Harry Dress, 41, procured a rifle and shot and fatally wounded his sister, Mrs. Gussie Martz, 47, as she was ironing in their home at Schuylkill Haven, near here, today.

BY A. L. BRADFORD PARIS, Sept. 16.—Gen. John J. Pershing, honorary commander of the American Legion, was received officially by the French nation today for the first time since he arrived on these shores in 1917 as the leader of 2,000,000 American troops. Pershing arrived from Cherbourg, where he had disembarked this morning with other legionnaires from the Leviathan. Five hundred poilus with fixed bayonets, swarms of police, and a mounted patrol were In the vicinity of the Gare des Invalides, lest communists or disorderly elements of the Paris population attempt to spoil the occasion. The closest that the crowd of thousands of welcomers was per-

TRICKY WINDS CHEAT CITY OF HEAT RELIEF High Temperatures to Stay Through Saturday and Probably Sunday! NIGHT IS MUCH HOTTER Northern Indiana Gets Cool Breezes; East Due to Suffer Next. HOURLY TEMPERATURES THURSDAY 1 p. m Hi in p. ra....,..i. 83 8 p. tn 85 11 p. m 83 9 p. m 84 13 (midnigbD... 80 TODAY 1 a. m 78 8 a. m 80 2 a. m 77 9 a. m 85 3 a. m 76 10 a. m 86 4 a. m 75 11 a. m. . 87 5 a. n> 74 13, (n00n'....... 88 6 a. m 73 Ip. m 00 7 a. 75 A trick of the winds has cheated Indianapolis and central and southern Indiana Out of the relief from the heat they were due to get to-* day, according to J. H. Armington, United States weather bureau head. Temperatures will continue today nearly as high as on Wednesday and Thursday. It will be slightly cooler tonight, but the heat wave will continue Saturday and probably over the week-end, Armington said. Today’s 1 p. m. temperature was 90, 2 degrees lower than at the same hour yesterday, but temperatures last night were several degrees higher than the preceding night. Cooler in Northern Part Northern Indiana, according co Armington, has the t eat wave relief which should have extended o\ er the State. Tempera* ures are conrbly lower in the northern * of the State today, he said. The high barometric pressure area, which Thursday was over the northern Rockies and was due to move down across Indiana, bringing cool breezes from the northwest has moved over the northern part of the State and i* going eastward, he said. Pressure has ‘flattened out” over central and southern Indiana, Kentucky and Tennessee, which means that over that area there is such equality of barometric pressure that there is no wind movement tc draw the cool winds from the high pressure area. Near Season’s. Record Thursday’s temperatures here came within a degree of equaling the season’s l)igh mark of 95, reached Wednesday. Four persons were prostrated by the heat Thursday, making the total for the present heat wave seven. Patrolman George Strickler, 1100 E. Sixty-Third St., and Michael Brady, 2247 Linden 3t., an Illinois Central Railroad laborer, were overcome late in the day. Tnere have been no heat wave deaths here. Heat Wave Break Near By United Press WASHINGTON, Sept. 16.-With the Nation’s capital early today enjoying a slight breeze after its rec-ord-breaking heat mark of 97 yesterday, the weather bureau forecast that sections on the west and south now would begin to find relief from the September heat wave. There has been a break in the wave from the Dakotas and Nebraska eastward to Wisconsin; and hope was held out for lower temperatures for western Pennsylvania, northern Ohio and from southern New York to northeastern Virginia today. Higher temperatures for New England and New York were predicted for tomorrow. Many cities reported September temperatures yesterday. Rain Helps Midwest By United Press CHICAGO, Sept. 16.—Cooling lake breezes and a welcome rain today had sent sweltering weather of the last four days eastward tq plague the Atlantic seaboard. 4 Forecasters announced the East would suffer as intensely as the Middle West did from the unseasonable heat. The hot spell caused more than a score of deaths during its stay in the W'st, but was a decided aid to the sli '"-maturing corn crop. All schools were closed in Chicago yesterday and were to stay closed until Monday, although continued moderate weather was promised.

J'RANCE'ROARS WELCOME TO STAFF OF SECOND A. E. F.

mitted to approach Pershing was twenty-five feet. The welcome todiy, as General Pershing himself remarked, was in strange contrast to that day ten years ago when he arrived to assist in the prosecution of the greatest war in recorded ni? o.:y. Pershing stood bareheaded while “The Star-Spangled Banner” and “The Marseillaise” were played. Then with Petain he rode off in an automobile to the Arc de Triomphe. Howard P. Savage, national commander of the legion, was in another car. A wreath was placed on the tomb of the Unknown Soldier. BY JOHN O’BRIEN United PrM Staff Correspondent CHERBOURG, France, Sept. 16.

INDIANAPOLIS, FRIDAY,' SEPT. 16, 1927

Times Praised We commend the capable cooperation of Boyd Gurley, editor of The Indianapolis Times, in fearlessly pursuing and revealing the facts that assisted in unmasking the present deplorable political situation in Indiana. We also commend the Indianapolis News and the Indianapolis Star for their wholesome attitude toward the investigation. The Anderson Herald. The Richmond Palladium, The Rushville Republican, The Huntington Herald, The Vincennes Commercial. Committee representing a group of publishers of Indiana Repulbican newspapers, Sept. 15, 1927.

COP SUSPENDED IN ATTACK CASE Policeman Identified as Man Who Fired Five Shots. Patrolman Elvin Chilcote has been suspended by Police Chief Claude M. Worley after admission to the chief that he'was the policeman who attacked Avran) Lascu in his butcher shop, 427 W. Washington St. with his mace and fixed five shots at him Wednesday night. Chilcote and his father, Thomas, an employe in the city building department, entered the butcher shop and ordered a pound of meat. Chilcote charged that the meat was an ounce under weight. In the argument, Chilcote displayed his badge and shouted that “this place is pinched,” Worley said. He then pulled out his mace and attacked Lascu and when Lascu ran for the door, Chilcote whipped out his revolver and emptied it at Lascu, Worley said. Chilcote and his father then walked out of the shop and were lost in the crowd. CONTRACTS LET FOR TWO COUNTY BRIDGES Wall St. Pike and Shannon Lake Structures to Be Built. County commissioners today let contracts for erectiorf of the Wall St. pike bridge and another at Shannon’s Lake, south of Indianapolis. Contract for the Wall St. bridge was awarded the E. F. Smith Com pany, at $27,492. 'The appropriation for this structuree was $30,000. The old wooden bridge that stood on the site for many years burned this summer. George McCullom and Alex McCreary will erect the new Shannon’s Lake bridge for $2,885. The appropriation was $3,000. IPROBE TYPHOID CASES Well at Greenfield Fair Ground Blamed by Health Official. Dr. Walter Lee. State epidemiologist, investigating a report of twenty-four cases of typhoid fever at Greenfield, Ind., announced today that he had discovered contamation in a well at the Greenfield fair ground. A fair was held several days ago. The official held the well responsible for some of the cases blamed fly contamination for the others. The Greenfield city water supply is pure, the official said. WOMAN HURT IN CRASH T Mrs. Clyde Davis in Serious Condition as Accident Result. Mrs. Clyde Davis, 41, of 19 N. Oriental St., was cut about the face and hands and taken to ctiy hospital in a serious condition from loss of blood today when the auto in which she was riding overturned after colliding with one driven by Louis C. Lamar, Mickleyville, Ind., at Market and Oriental Sts. today. RUINS FLOWER GARDEN Vandal Sprinkles Salt Over Plants and Shrubbery. Police sought anew variety of “meanest” vandal. J. W. Carskadon, 1519 N. Bosart Ave., reported that someone sprinkled salt over hiS flowers and shrubbery, killing some and seriousy damaging the remainder.

—Roaring motors of a squadron of hydroplanes, the blare of military bands and the cheers of thousands' of citizens today welcomed the general staff of “the Second A. E. F.” Officials of the American Legion, returning after almost nine years to the land which once beckoned them in war, disemarked from the great liner Leviathan. The little tender. Welcome, headed towurd shore as dawn was breaking-and in the West appeared a brilliant-hued rainbow. Receiving delegations were aboard the tender as it bobbed to the side of the liner. Once there it was necessary for Gen. John J. Pershing. Commander Howard Savage and their aides to await a favorable 1 tide before coming ashore.

DRUMS DROWN G.O.P. PARLEY CRY FOR RYAN Ray Gibbons Aids Chairman in Averting RobiVison Embarrassment. OPPONENT OF SENATOR Madison County Attorney Not on Pendleton Program and Isn’t Put On. Bji Times Bpecial PENDLETON, Ind., Sept. 16.—1 t took the combined efforts of the chairman of the meeting, his mentor, Ray Gibbons of the State industrial commission, and a drum corps to keep a situation which developed at a gathering of Madisort County Republicans here last night from becoming embarrassing for United States Cenator Arthur R. Robinson. At the conclusion of Robinson’s speech, the crowd discovered in its midst Oswald Ryan, Anderson attorney and leading Madison County Republican, and set up the cry, ‘Let’s hear Ryan.” About 500 were in the crowd. Ryan was the opponent of Robinson in the race for United States Senator in the last primary ard denounced “black box” leadership jf the Republican party Wednesday before the F-uth Bend Rotary Club. Ryan Not on Program Chair mart Clarence O. Davisson, club secretary, conferred hastily w‘th Gibbens appointee of Governor Jackson, ane Robinson, who were on one side of the platfo Davisson then walked to the footlights and said: “Mr Ryan was net on the evening’s program and the program is full.” Whereupon Flojd MrGriff, of the Anderson Herald, arouse and suggested that Ryan be invited to speak briefly, since the crowd appear? 1 eager to hear him. Then the Band Plays At the command of Gibbons, the drum corps struck up a tune, drowning out McGriff. Ryan arose and explained that “I did not come to this meeting'to speak, but to listen.” “However, I am surprised that the chairman should feel that any Republican who had carried Madison County in the last primary by t>3 largest vote any Republican ever obtained in the county should have anything to say that would not be sound Republican doctrine.” Ryan then thanked the crowd and sat down. Fear Embarrassment Again the crowd set up a cry for Ryan to take tfie platform. Senator Robinson hurriedly left the' platform and stood at the outskirts. After the meeting Davisson and Gibbons came to Ryan and in the presence of a small group Gibbons said: “We’re willing that you should be invited to address this Republican Club at some other meeting, but didn’t want any note of embarassment in this gathering.” Robinson after urging a united Republican effort to face the party problems attacked the editor of The Indianapolis Times, saying that “any individual who deliberately defames another, and without cause attempts to ruin his reputation among his fellow's, deserves the same punishment as that meted out to a thief.” , CHICAGO BEATS PARIS Fannie Brice Proves Home Divorce i Courts Are Fastest. By United Press NEW YORK, Sept. 16.—Fanny Brice, minus a husband through the quick work of the Chicago court*, has arrived on Broadway with a ready philosophy of marriage and divbrce. Referring to the dispatch with w'lich the ties that bound her to Ji us “Nicky” Arnstein were broken, the actress said: “Why go to Paris? You can get a divorce more quickly and easily in Chicago.’’ She plans to sue an unnamed New York society woman for $250,000, she said, alleging alienation of a factions.

General Pershing was dressing in his cabin when interviewed by the United Press correspondent. “I am glad to see France and you again,” was his greeting. “How does your present visit compare with the first time you arrived?” asked the correspondent. “Well, I confess, it doesn’t give me quite the same thrill as when I landed at Boulogne from the Baltic in June, 1917,” he said. “This time is more pleasant, perhaps, especially for the Legionnaires, who are expecting Che best time in their lives. I am glad to participate in ceremonies showing that cbmradeship begun on the battlefield lasts forever.” General Goureau, commander of the fiftieth army corps of France, represented Minister P|inleve

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Girl’s Dash Over Ocean Is Held Up By United Press NEW YORK, Sept. v 16.—Ruth' Elder’s plan to take off for Paris Sunday in the monoplane American Girl encountered difficulties today when mechanics announced that it might take until next week to complete repairs on the craft. Miss Elder pouted when she heard that a seam had developed in one of the gasoline tanks in the wings. “Well, you’ll do the best you can for me, won’t you?” she pleaded with a mechanic, and the only answer to such a question, asked by such an undeniably pretty girl, was “Yes.” Experts from the Wright Aeronautic Corporation today were overhauling the motor and estimated it w’ould be at least a two-day job. A similar period will be needed to check the navigation instruments. Thus, if a test flight is to be made before the take-off for Europe, the earliest time for departure probably will be next week. M’CRAY WILT BEJNITNESS Ex-Governor to Be Called in Jackson Trial. Former Governor Warren T. McCray will be the State’s chief witness in the trial of Governor Ed Jackson, Republican County Chairman George V. Coffin and Robert I. Marsh, former law partner of Jackson for alleged conspiracy to commit a felony, it w*s announced definitely today. A member of- j prosecuting staff that aided the county grand jury in preparing t\2 indictment, returned last Friday against the men, declared McCray will be called. McCray’s name is carried on the indictment under the heading “State’s witnesses.” It was reported earlier today that the State had taken a deposition from the former Governor in the n after before he lefi Atlanta prison, where he served one-third of a tenyear Federal term for using the mails in a scheme to defraud. Special Prosecutor John W. Holtzman dispelled this when he said he had taken McCray’s disposition in a legal matter before Jasper County courts. The three men are alleged to have offered McCray SIO,OOO and a promise of no conviction in Indiana courts if he would appoint James E. McDonald prosecuting attorney to succeed McCray’s son-in-law, William P. Evans, who resigned. URGES COPS’ FINES GO INTO PENSION FUND Councilman Has New Plan of Punishing for Misdemeanors. Councilman Austin H. Todd today suggested to safety board members anew plan for fining policemen and firemen for misdemeanors. Todd said he believed it would be beneficial to permit policemen to work, instead of being suspended on conviction of drunkenness and other charges, and turn the salary over to the police and firemen’s pension fund. Under the present plan officers are suspended and fined their salary. W. MICHIGAN SEWER CONTRACT AWARDED Sheehan Construction Gets Work on Low Bid. The Sheehan Construction Company today was awarded a $129,832 contract to build the W. Michigan St. sewer. The sewer will serve the district roughly bounded by Michigan and Tenth Sts., Exeter Ave. and Little Eagle Creek. • The works board let the contract S Sheehan, low bidder, on recomendation of City Engineer Paul R. Brown. Sheehan bid $6.99 a lineal foot, while the J. H. King & Cos. bid $7.02. Virgil Vandagrifft, board president, said the contract was let after the sanitary board promised to build an extension of the Jackson St. interceptor to join the proposed drain.

aboard the Leviathan and Julian M. Thomas represented the Paris Post of the American Legion. Delegations of the Government and of the. municipality waited on the dock while the famous Marine band played the Star-Spangled Ur.nner and then the Marseillaise. France gave her returning friends a mighty welcome, Cavalry, mounted police, and hundreds of policemen were massed around the Maritime station ready to crush any communist attempt to interfere in the reception. A procession headed by municipal councillors, with the socialists absent, representatives of French war, veterans and other societies paraded with a delegation of Legionnaires to the city hall. The route led through streets lined by enthusiastic thousands. Ameri-

DEFENSE FIGHTS EFFORT OF STATE TO ESTABLISH OTHER DEALS IW DUVALL CAMPAIGN Judge Shirley Will Rule Today on Whether; Armitage Matter Will Be Only One on Which Mayor Can Be Tried. KLAN ORGANIZER CALLED TO STAND Prosecution to Rest on Testimony of Two Men if Jurist Rules Adversely on Its Program. Bulletin Judge Shirley this afternoon ruled that the State could examine witnesses upon other acts of Duvall than those specifically charged and the State resumed introduction of testimony of Harvey W. Bedford. The State has about fifteen other witnesses. Whether the State shall introduce more witnesses in its effort to prove Mayor Duvall guilty of violating the corrupt practices act or rest upon the testimony of the two men it has questioned depended Friday morning upon a ruling of Special Judge Cassius L. Shirley. Shirley at the opening of court announced that he was disposed to rule in favor of the State, hut would give the defense another opportunity to present further argument. The issue arose when the State late Thursday placed Harvey W. Bedford, Ku Klux lvlan organizer, and former ardent supporter of Duvall, upon the stand, in an announced effort to show other campaign promises and deals of Duvall than those which William H. Armitage and William li. Freeman had described in their testimony Thursday.

The defense immediately objected, on the ground that the affidavit upon which Duvall is being tried charges only that Duvall promised Armitage three city hall appointments in return for a contribution of SIO,OOO and that it is improper to introduce evidence touching any other points. Attorney M. A. Ryan of the defense took up the argument after Judge Shirley had asked for further advice this morning. Real Meat of CJase Found Ryan declared that it was unnecessary to spread out the evidence over other alleged acts than those stated in the affidavit, indicating that the real meat of the case centered in even less ground than the State already has covered. He said he has told his client and was willing to tell the court that it is immaterial whether Duvall used the $14,500 Armitage says he gave to him during the campaign or whether he did not. “The State has made its case, if in the minds of the jury it has proved that Duvall made those promises to Armitage,” said Ryan. Defense Concludes “If the jury believed the story that fell from the lips of William Armitage yesterday, the crime is complete, both in the act of promise and the element of intent,” Defense Attorney Eph Inman said. Inman followed Ryan and Martin Hugg and concluded defense argument on the technicality. It was Inman’s first speaking appearance at the trial. Prosecutor Remy and Holtzman followed with brief pleas for the State’s side of argument. Remy contended that the State assumed it necessary to prove wrongful intent on the part of Duvall in his offer to Armitage. If the court holds that this is not the case, by sustaining the defense contention, he will be aiding the State, attorneys contend. Cites Old Case The State is basing its desire to introduce other witnesses into the case on an Indiana Supreme Court decision rendered in a bribery case against Councilman John Higgins. Higgins was’convicted of soliciting a bribe from David M. Parry, wagon manufacturer, to use his influence in the council to a railroad switch put in to Parry’s plant." The court allowed a witness to testify that Higgins solicited another bribe from another party and

can and French flags, entwined, showed from almost every window. Pershing and Savage had been recognized by the crowd the moment they stopped on the dock. A tremendous shout arose. "Vive Pershing^’ “Vive Legion.” A little girl handed the general a red rose. Pershing kissed the child. Members of the official welcome delegation moved forward to utter formal greetings to the returned veterans. After the ceremony at the city hall. Savage and Pershing returned to the Gare Maritime and boarded the commander’s train, which departed for Paris at 10:05. Rain was pouring by that time, but an enormous crowd was at the station to acclaim Pershing and the Legionnaires.

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the Indiana Supreme Court upheld this. At 11:30 a. m. Judge Shirley recalled the jury, and after telling them that evidence would not be heard until court convened for the afternoon session, dismissed them in charge of the baliff. Special Prosecutor John W. Holtzman , i aid that if Bedford is permitted to testify, the State has about twenty other witnesses it will call, but that if the court rules against the State upon this point the State Will rest immediately. Should the State do this it is expected that the defense will place Mayor Duvall upon the stand to deny the amazing story of bartering in city hali jobs which Armitage and Freeman told Thursday. Freeman on Stand William H. Freeman, whom the State alleges Duvall promised Armitage would be appointed board of works president, in return for Armitage’s money, followed Armitage to the stand Wednesday afternoon. On direct examination Freeman testified that at a meeeting June 15 or 16, 1925, at Duvall’s home, Duvall promised on “his word and honor as a Mason,” that his agreement with Armitage would be kept. This included placing Freeman at the head of the works board. “Duvall said for me not to bother him and to remain in the background in whatever work I did for him and not to be out in front,” Freeman testified. "Did you understand that he regarded your help as a positive detriment?” Defense Attorney Michael A Ryan asked. “No, sir,” Freeman replied. Freeman testified that he gave SSOO to Duvall’s campaign fund through Armitage, but that he refused point blank request of Duvall’s for $2,500 in return for % board of works appointment. Freeman testified that he told Duvall, when asked for the $2,500, “Duvall, you know the corrupt practices act as well as I do and that this is a penitentiary offense." Under cross-examination by Ryan, Freeman was asked if he regarded the request as ’’legal because of the large amount involved. “Did you think the SSOO you paid was all right? In other words, did you regard it in tl;3 same light aa grand and petit larceny,” Ryan asked sarcastically. "When you paid that SSOO you knew it was a bribe for an office, didn’t you?” “I did not," Freeman replied. A furore arose later when Ryan said to the witness, “Now try to frame your answer so that it will not be untruthful.” Special Prosecutor John Holtzman sprang to his feet, “I move to strike that obnoxious word out of the record,” he said. The court complied with the reguest, while Ryan prepared unaware of which word of his was obnoxious.” Freeman’s testimony differed from Armitage’s in two places. Freeman said William C. Buser, the mayor's brother-in-law, returned $12,500 of Armitage’s money to Armitage through a two-inch crack in the door of Armitage’s office in Castle Hall Bldg. Freeman said he was there when this happened, that he could not see who 1 was outside the door, but that "Armitage said it was Buser.” Freeman said the money was counted in his presence by Armitage and that it totaled $12,500. Armitage had testified that Busar brought the money to his home at the time he brought Armitage’s grip back, the day Armitage returned from his conference with Duvall at Springfield, 111. Armitag* said it totaled $12,000 when h counted it later at his office.