Indianapolis Times, Volume 39, Number 149, Indianapolis, Marion County, 31 October 1927 — Page 1

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DUVALL GOES BEFORE GRAND JURYJNPROBE Ex-Mayor Given Chance to Jell What He Knows of Council Activities. NO CAR TO MAKE TRIP Prosecutor Goes After Former Executive in His Car; Quiz Albertson. John L. Duvall, former mayor, today was subpoenaed before the Marion County grand jury, the body which spent many weeks investigating his administration and by which he was indicted upon seven counts. The former mayor thus was given opportunity, it was understood, to tell what he knows about political corruption in Indianapolis. Specifically, it was reported, he was asked what he knows about activities of city council, which recently have claimed most of the jury’s attention. He was before the jury an hour and a half. It was reportedr he promised to supply certain records and that Detective Chief Claude Johnson and City Purchasing Agent John Collins may be called as witnesses soon. Duvall, in a statement after the council had declared him out of office last Thursday, asserted that most of the troubles of Indianapolis and his administration were due to “this inefficient body,” the council, and hinted that he “knew a thing or two about council.

Sheaffer His Chauffeur Deputy Prosecutor William H. Sheaffer first telephoned a request to Duvall at his home, 6242 College Ave., to come to the jury room. Duvall replied he willingly would come but could not hasten as he had no automobile. As mayor he had had the use of a recently purchased Stutz automobile and has not yet purchased a car. Sheaffer drove to Duvall’s home and brought him into the jury room. Duvall went into the jury room, smiling and smoking his customary black cigar. Albertson Quizzed Before Duvall, the Jury interviewed Councilman O. Ray Albert- , son. This was the sixth time within the last few weeks that Albertson has been questioned. The jury is understood to have had indictments prepared in its councilmanic investigation, but no indication as to when, or if, they Will be returned has been given. Prosecutors have denied that they made any deal with majority faction city councilmen that the investigation would be ended without indictments, if council declared Duvall out of office and named Claude E. Negley mayor pro tem. as it did. URGE NEW STATE PARK 800 Acre Tract Near Carmel May Be Purchased. Hal Purdy, vice-president of the Marmon Motor Company, will head a delegation of fourteen citizens from Carmel, Ind., before the State Conservation Commission Tuesday With plans for a State park. The Indianapolis Chamber of Commerce is backing the project. The park would occupy 800 acres of timber on the outskirts of Carmel and contain a lake one and onehalf miles wide. It is eight miles north of Indianapolis. Backers point out this would be the first State park in central Indiana. EAST, WEST MATCH VITS Oriental Political Strategists to Sound Out Coolidge Island Views. Bu United Press WASHINGTON, Oct. 30.—Master strategists of Oriental and western politics will match wits at the White House some time this week, when President Manuel Quezon of the Philippine senate, Senator Serigo Osmena, and Philippines Resident Commissioner Pedro Guevara call to “sound” the presidential mind on the political future of the islands. The senators will arrive here this afternoon. FREEZING IN NEW YORK Adirondack Mountains Report Drops to 15 Degrees. Bn United Press ALBANY, N. Y., Oct. 31.—Freezing temperatures prevailed throughout eastern New York today. Many sections reported temperatures around 30 degrees. Some Adirondack reports were as low as 15 degrees. " ADVERTISEMENTS are being accepted for the next issue of the Indianapolis Telephone Directory. Call MAin 9860. INDIANA BELL TELEPHONE CO.—Adv.

Diana, a Story That’ll Amaze, Thrill and Hold Your Interest, Starts Today in The Times on Page One, Section Two. It’s Another Big Vida Hurst Hit

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The Indianapolis Times Probably light showers this afternoon or tonight, Tuesday partly cloudy; not much change in temperature

VOLUME 39—NUMBER 149

You Guess What do you think should be done to settle * Indianapolis’ present fight for the mayor’s office? The Times will print your letter if it does not exceed 150 words. "Your name and address must accompany the letter, but will not be used if you so desire. Address The Editor, Indianapolis Times.

HOLD SUSPECT IN QRASHDEATH Autoist Quizzed on Boy’s Hit-Skip Killing. Police this afternoon questioned a man suspected of being the hit and run motorist whose auto killed Allen Campbell, 18, of 852 W. New York St., a Western Union messenger, at Blackford and Washington Sts., Sunday night. Campbell was one of two persons killed here by hit and run drivers, Sunday. Wilbur Buchanan, 20, of 1819 Kessler Blvd., another Western Union messenger, provided the clew to the suspect. A man accosted him in front of the Claypool shortly after the fatal crash, he said, and told him: “You’d better look out, I just ran over one of you messenger boys a few minutes ago.” Buchanan obtained the license number of the man’s car. Police said one of the headlights of his machine was broken and the fender bent, but he denied having been near the scene of the ftal crash. Surviving the victim are the parents, Mr. and Mrs. William Campbell; three brothers, Herbert, 27; Demaree, 22, and George, 16; and a sister, June, 11. Funeral services Will be held Wednesday from the home. Mrs. Nellie Miller, 48, of 704 Fletcher Ave., died at Indiana Christian Hosiptal early this morning of injuries suffered in an automobile accident near Mooresville Sunday night. Mrs. Miller told police that her car was forced off the road into a ditch by a driver who did not stop.

TREES ON HILLS BURN Flames Raging in Parts of Johnson and Brown Counties. . By Times Special EDINBURG, Ind., Oct. 31.—Trees on wooded hills in southeastern Johnson County and northeastern Brown County are burning today, and it is believed that two or three summer cottages have been destroyed. The fire was discovered Sunday. A force of men under direction of Oliver Neal, a State game warden, are fighting the flames by plowing furrows ahead of the fire. NORBECK FOR LOWDEN “Foremost Farm Champion,” Says South Dakota Senator. By United Press WATERTOWN, S. D., Oct. 31. United States Senator Peter Norbeck of South Dakota, today announced his indorsement of former •Governor Frank O. Lowden of Illinois for the Republican presidential nomination. “The logic of the situation points to former Governor Lowden,” Norbeck said. “He has developed into the foremost champion of the cause of agricultural equality. He is strong in this and other Northwestern States.”

WAR OVER MILLIONS Kin Seek to Break Will of McClintock Youth. Bv United Press BUFFALO, Oct. 31.—Trial oT the suits of Mrs. Luella Yokom of Kenmore and several other cousins to break the will of William McClintock, youthful millionaire, will probably start in Chicago late this winter, it was announced here today. Carl H. Smith, counsel for Mrs. Yokom, said he expects the trial to begin not later than early January. The suit is aimed to break the will and nullify the bequest of sl,000,000 to the guardian, William D. Shepherd, who was acquitted on a charge of murdering his ward. Others who seek a share in the estate are the Eaton family of Ottumwa, lowa, and Viola Eaton of Dallas, Texas. Close Loogootee Road t State Highway officials today announced the closing of Red. 50 from Loogootee to Rd. 150, to put anew floor on White River bridge. A county graveel road five miles southeast will be used for a detour. Hourly Temperatures 6 a. m 56 10 a. m 65 7 a. m 56 11 a. m 68 8 a. m 59 12 (noon. .. 70 9 a. m 62 1 p. m 72

CALL JURY TO PROBE BRUTAL DELPHI CRIME Investigation of Murder of Aged Hermit Will Start Tuesday. GIRL AND MAN IN JAIL # Carroll County Seething With Excitement; First Death Trial in Years. By ROBERT BEARD Times Staff Correspondent DELPHI, Ind., Oct. 31.—Aghast at the sordid story of the slaying of Daniel Sink, aged recluse, and the burning of the body, as confessed by a girl accomplice, Carroll County today looked to Tuesday’s grand jury session for promise of its first murder trial in many years. Not since its white stone courthouse was built ten years ago has Carroll County tried anyone for murder. In the red brick jail, a block from the courthouse, are the two figures who will play leading roles in the circuit court drama, if the grand jury issues indictments anticipated by county authorities. They are Lloyd Kimble, 47, bootlegging farmhand, father of six children, and Mrs. Jeanetta Ellen Taylor, 24, childless farm wife, who says she saw Kimble murder the old man, soak his clothing and his house with kerosene, and set fire to it.

Denies He’s Guilty Kimble steadfastly denies his guilt. However, the grand jury may take his denials, they find no credence with Delphi citizenry. Carroll County, where chicken thievery and bootlegging are high crimes, is anything but sympathetic. Kimble was convicted once for bootlegging and suspected always. Jeanetta, his accuser, fares little better in public opinion. Redhaired, weak willed, of slight build and not prettty, Jeanetta was pretty enough, however, to make other friends than her plugging farmhand husband. It is a startling story that goes before the grand jury in the girl’s blunt confesssion obtained by Sheriff Riley Sink and Deputy State Fire Marshal Harry Gates, after a week’s persistent attack on her denials. Slay and Burn It pyotrays two figures stumbling drunkenly through the shadows about the remote Sink farmhouse at 3 o’clock on the morning of Aug. 24. Flickering rays of light flash from the windows as if in pursuit. In the house flames are lapping across the floor, over the simple furniture, and burning as a torch on the slumped figure of an old man propped upright in a chair in the comer. A few minutes and fire has obliterated a tell-tale wound on the old man’s head. A half hour later neighbors arrive to find the old frame house a seething mass of flames. Sunrise discloses scattered ashes, toppled stoves, and at a spot which had been the corner of the livingroom, greusome evilence of the fire’s human toll. The pair, the confession relates, took flight in an auto. The girl left the car at a dense thicket twothirds of a mile distant, and, stumbling into the house, stole into bed, where her husband slumbered. Half-drunk with a bootleg whisky that was accessory to the crime, she dropped off to sleep. Killed With Buggy Spring Such is the account Jeanette gave authorities of the activities of herself and Kimble on the night Daniel Sink was slain. Kimble, she says, struck the old man on the head with a buggy spring and then stole his pocketbook. Sheriff Sink is not worried by rumors that sentiment exists for a hanging. Twenty-five years ago a Delphi mob stormed the jail, forced the surrender of Amer Green, suspected of slaying a young girl, and strung him up on a walnut tree that remains a Delphi landmark.

‘BIG BILL’ ASSAILED New York Pastors Attack Mayor’s ‘Book War.’ Bn United Press NEW YORK, Oct. 31.—Mayor William Hale Thompson’s book war was denounced by ministers as an “outrage” and “a vaudeville show” in sermons here Sunday. The Rev. Dr. W. Russel Bowie, of Grace Episcopal church, said nothing could, be a greater outrage to Christian ideals than such a “stirring of racial and national prejudices as that of which the mayor of Chicago is at this moment guilty.” The Rev. Dr. John Walter Houck, Pilgrim Congregational church, said, “the Mayor of Chicago has made his city as interesting as a vaudeville show, in his attempt to keep King George out of the Windy City.”

INDIANAPOLIS, MONDAY, OCT. 31,1927

Girl’s Confession Tells How Recluse Was Slain

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So charred as to erase any evidence of foul play, the body of Daniel Sink, 74, farmer recluse (upper left), was found in tJie ashes of his remote farmhouse, near Burrows, Ind., Aug. 24. After a fruitless seven-week investigation, authorities ten days ago obtained from a chance remark of Mrs. Jeanetta Ellen Taylor, 24, farmhand’s wife, the clew that subsequently led to her confession of complicity in the slaying. At left, below, is Lloyd Kimble, 47, bootlegging farmhand, accused of the crime in Jeanetta's confession. Center, Carroll County sheriff, Riley Sink, who, with Deputy State'Fire Marshal Harry Gates, drew the confession from Jeanetta, right.

NEGLEY TO PAY CITY EMPLOYES Signatures of His Regime to Be Honored. The Negley city administration today prepared to pay civil, city and school teachers and employes Tuesday. City Controller Frank Cones, Chief Deputy Controller A. B. Good, Deputy Arthur Thomas and Deputy City Treasurer Orville Harris worked from 9:30 a. m. to 5 p. m. Sunday signing pay checks. Harris signed Treasurer Edward A. Ramsay’s name. Signing of the checks is to be completed today, but it will be late Tuesday before funds can be allocated to the various banks and the workers paid. # Treasurer Ramsay held up pay roll arrangements last week when on ruling of County Attorney Clinton H. Givan he said he would honor no more city warrants signed by Mrs. John L. Duvall as city controller. He is prepared to honor the pay roll checks now on opinion of Givan that Negley and his appointee, City Controller Cones, are holding office legally, the pay roll consists of approximately 4,000 checks, totaling about $600,000. Os this $425,000 is for the school employes, $125,000 for the civil city general fund workers, including police and firemen, and about $40,000 for health, sanitary and park department employes. ARGUE BAN ON BUSSES Two Lines Fight Terre Halite Council’s Ruling Whether Terre Haute cour-cilmen had the power to pass an ordinance preventing bus lines from picking up passengers in that city on streets where car lines were operated, was argued before Public Service Commissioner Howell Ellis today. Argument was on petition of the Hoosier Transportation Company and Blue and Gray bus lines for permission to pick up passengers. The ruling may determine the fate of a similar ordinance in Indianapolis, Ellis pointed out.

Five of ’Em Now; Sit Down and Pick Yours Before Judge Joseph M. Milner ruled on the city's mayor tangle this afternoon, there were five claimants, or persons mentioned as possible claimants, for the office. Claude E. Negley, elected mayor pro tem. by council, held the office by virtue of Milner’s injunction. Ira M. Holmes, who succeeded to Duvall’s claims to office, was said to be preparing an appeal to the Indiana Supreme Court, if Milner ruled for Negley. Joseph L. Hogue, cKy controller under former Mayor Shank, was resting on his oars with a suit filed in Circuit Court presenting his claims to succeed Duvall. Walter Myers, Democratic candidate for the office defeated by Duvall, had announced he would not present his claims by intervening in Hogue’s suit. William C. Buser, city controller under Duvall, said he would not contest for the office.

DR. COOK WINS PLEA Oil Man and Explorer Gets Review of Case. BV United Press WASHINGTON, Oct. 31.—Dr. Frederick A. Cook, Arctic explorer, today was granted a United States supreme court review of his suit for release from Leavenworth Fedral Prison, where he is serving a sentence of fourteen years and nine months for using the mails to defraud. The case, resulting from his conviction in connection with a widespread oil stock scheme with headquarters at Ft. Worth, Tex., probably will be argued within six weeks. It involves validity of a probation order for release issued by the federal trial Judge on Cook’s application, made after close of the term of court in which he was convicted. WIDEN WHIPPING PROBE Georgia Quizzers Inquire Into Negro’s Death at Linden. Bv T’nitrd Press _ LINDEN, Ala., Oct. 31.—Grand jury investigation of floggings in Alabama extended to Linden today when three men were questioned in connection with the death of Louis Greathouse, Negro, whom the State charged was beaten to death because he stole automobile parts. Chris Ray, W. T. Philllips and George Phillips were in Marengo County jail, charged with murder in connection with the Negro’s death.

Entered as Second-Class Matter at I'ostoffice, Indianapolis

LINDBERGH GETS JOB Flying Hero Retained by Guggenheim Fund. Bu United Press NEW YORK, Oct. 31.—Colonel Charles A. Lindbergh has been retained by the Guggenheim fund for the promotion of aeronautics in a “consulting capacity,” the foundation announced today. For the present, the announcement said, Lindbergh “has determined that he will not Identify himself with any commercial undertaking.” “Under the arrangement with him,” a statement by the foundation said, “he will be free to engage in any activities which will, in his judgment, promote the cause of aviation.” His business headquarters will be New York. FIRE THREATENS SICK Blaze in Nurses’ Building Controlled After Third Alarm. • Bu United Press BROOKLYN, N. Y., Oct. 31. Dense smoke from a lire in the nurses’ and physicians’ building at the Afethodist Episcopal Hospital today caused concern in the main structure until firemen brought the blaze under control Three alarms were sounded. Several hundred patients on upper floors were moveed to the ground floor. Windows in the maternity ward were closed so that patients there suffered little discomfort.

225 MILLIONS TAX CUT URGED Mellon Submits Plan; Warns Against Heavier Sla BY PAUL R. MALLON WASHINGTON. Oct. 31.—A plan to cut $225,000,000 from the taxpayers’ bil lnext year was submitted to the House Ways and Means Commitee oday by Secretary of Treasury Mellon. Mellon cautioned against a heavier cut. His program contemplated, he said, five major reductions: 1. Decrease in the corporations’ tax from 13 li to 12 per cent, with a consequent loss of $135,000,000 In revenue. 2. Amendments to permit small corporations earning less than $25,000 to make returns as partners, reducing revenue $30,000,000 to $35,000,000. 3. A $50,000,000 reduction In rates on the so-called intermediate incomes, those between SIB,OOO and $70,000 a year. 4. Repeal of the estate tax, costing $7,000,000. 5. Exemption for American bankers acceptances held by foreign central banks. AH other taxes would be retained, Mellon said. DENY 'TRADE WAR’ General Motors Not in Ford Field, Says Offiical. B.u United Press BROOKLYN, N. Y„ Oct. 31.—Another denial of an impending “trade war” between the Ford and General Motors interests was made today when Charles S. Mott, vice president of General Motors Corporation arrived with other executives aboard the Grace liner Santa Elisa from South America. “A war?” Mott asked. “By no means. We have at no time invaded the price field of Ford, nor has he nivaded ours. The lowest prise car of General Motors is $525, and the lowest price Ford sells, I believe, for around S3OO. That con not be considered a competition in price.”

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TWO CENTS County 8 Cents

TRUCE ENDED; TWIN MAYORS NEAR CLASH Holmes to Start Action In Court; Thinks Negley Has Overstepped. QUIET AT CITY HALL Battle Brews, but Surface Is Unruffled; Police on Guard. BULLETIN Superior Judge Joseph Milner this afternoon ruled that Ira Holmes “Is not mayor and never has been mayor.” As Superior Judge Joseph Milner prepared to hand down his decision as to whether the restraining order barring Ira M. Holmes from Interfering with Claude E. Negley, acting as mayor of Indianapolis, should be lifted this afternoon, the “twin mayors” indulged in anew game of municipal chess, the moves of which stood thus: 1. Holmes was ready to file anew motion asking his immediate reinstatement in the mayor's office, which he contends he possessed before Negley barred him by putting on new locks and posting a police ruard. If he won this ruling he was to ask the judge to direct the sheriff to take him to city hall, escort him past the Negley guards and practically "install” him as mayor. 2. Negley planned to sit right In the mayor’s chair throughout the afternoon court proceedings, upon the theory that in case Holmes should win a court ruling, actual possession of the office would be a valuable point in an appeal to a higher court or in the institution of some new legal action. Stays In Office 8. Negley continuously has held the office since he declared he was going to be mayor In fact as well as in name Saturday. 4. Holmes sat in the mayor's reception room for a while, but refrained from endangering his position by making any move which might be construed as in violation of the restraining order. 5. In case Holmes made any move with a view of having Negley declared in contempt of court, the Negley attorneys had marshaled a set of counter facts concerning Holmes’ activities, such as his mailing of notices to various city officials informing them they were "out” after the restraining order was issued early Friday morning. Holmes Holds Trump

Holmes’ best card appeared to be his contention that Negley, by use of the police power, had taken possesion of the mayor’s office, thereby reversing the status quo. The status quo, Holmes contends, had Holmes in possession of the office. He contended that a restraining order merely is for the purpoee of keeping the status unaltered until some court finally settles the question involved. Since. Holmes contends, Negley has changed the status quo, there are several decisions which would give Judge Milner authority to hold that Negley has violated the restraining order, to dissolve the order and immediately reseat Holmes. If Holmes loses this afternoon, he is expected to resort immediately to State Supreme Court for a writ of prohibition along the lines of his contention. Holmes based his contention today upon these citations: “Thus where a preliminary Injunction forbidding the defendant from taking possession of certain land improvidently is Issued after he has taken possession, and the complainant retakes possession pending the injunction, defendant is entitled on dissolution of the Injunction to a writ of restitution. For a complainant thus to violate his own injunction when the evident purpose of it is to preserve the existing status until a final adjudication, is such an abuse of the process of the court as warrants Its dissolution. "From the dissolution of an Injunction against a defendant for forcibly entering, the court should, on his motion, award him a writ of restitution to restore to him the possession which he yielded under the injunction.” Paragraph 344, Joyce, “On Injunctions.” Stays Second Action "The only function of an injunction Is to stay second action and to suspend the conflicting claims ol right of the respective parties where they then are until they properly can be adjudicated. . . . And so it must necessarily follow that to allow one party to obtain an advantage by acting when the hands of the adverse party thus are tied by the writ or the order for it, is an abuse of legal process which cannot be tolerated.”—Lake Shore R. R. vs. Taylor, Illinois. Holmes reached city hall after Negley this morning and found Negley thoroughly entrenched behind two doors and a police sergeant. Holmes made no effort to penetrate to the inner office and left