Indianapolis Times, Volume 39, Number 217, Indianapolis, Marion County, 18 January 1928 — Page 1

SCRIPPS-HOWARD

FINAL BAN ON i SMITH'S SEAT j UP IN SENATE Polls Indicate Illinois Upper k House Post Will Be Declared Vacant. 'Vote set for today Fight Is Expected to Be Carried to Supreme Court of U. S. ? BY PAUL R. MALLON l United Press Staff Correspondent WASHINGTON, Jan. 18.—The 53 to 28 Senate majority against seating of Senator-Elect Frank L. Smith of Illinois, was maintained intact today as a final vote neared in his campaign expenditures case. Despite the Republican threats to raise contests against Southern Democrats at the next session and the pleading of Smith’s friends that Illinois is being deprived of her constitutional rights, private polls indicated conclusively today that the Senate will adopt the Norris resolution declaring Smith's seat vacant. The vote, scheduled for this afternoon, however! will not end the Smith case, his friends here said today. The United States Supreme Court may be asked to rule on the constitutional questions involved or Smith may go before the Illinois electorate again for re-election. He has not yet decided definitely what will be done, but he is not inclined to let the matter rest with the final decision of the Senate, it said. Prepare Final Pleading A final pleading was prepared by his friends today merely to make the record carry their side of the story before the final vote. They contend that Smith’s expenditure of $457,782 in his primary election was ratified by the people when they chose him in the general election. They argue that the same is true concerning the charge that Smith accepted all save $171,000 of this amount from public utilities magnates in Illinois although he was at that time chaiimap Tf the State public utilities commission. As soon as the Smith case is disposed of, the primary investigating committee is to take up the companion case of Vare, of Pennsylvania. The Vare case, however, is complicated by a contest brought by his defeated Democratic opponent William B. Wilson, and a recount of ballots may be necessary before final action. The recount would require two months. Many constitutional arguments have been made and it is still a question as to what will happen if Smith insists on pressing Lis fight further. For instance, can Smith reclaim his certificate of election, deposited with the Senate when the Senate convened last month, and present it again at next Congress? Questions Are Interwoven

Can the Governor of Illinois revoke that certificate against Smith’s opposition and appoint a successor? What if Smith should run for reelection and win? Would the Senate, having once declared him guilty of a practice contrary to sound public policy, consider one exclusion sufficient vindication and accept him upon a future appearance assuming he observed the proprieties in his campaign for reelection? Probably the predominating question on the eve of the vote is whether the Senate has a right to go behind the verdict of a State as expressed in a duly executed certificate of election. Constitutional and moral questions are so interwoven in this case that some Senators are having difficulty in reconciling them. The desirability of registering disapproval of the expenditure of nearly half a million dollars for a Senate seat is weighed by such Senators against the wisdom of setting a precedent under which the Senate could eject a man whose neck ties it didn’t like. WOMAN. 51, SENTENCED Guilty Is Verdict of Jury in Fatal Stabbing Case. Mi’s. Tode McQuaid, 51, was sentenced to two to twenty-one years in the Indiana Woman’s Prison today for the fatal stabbing of John Barrett, 29, at the apartment of Miss Ethel Ping, 915% Massachusetts Ave., last March. Criminal Judge James A. Collins passed sentence. She was found guilty of voluntary manslaughter by a jury last week. She testified she stabbed Barrett In self-defense. Three Billion Slot Pennies 'fill United Press NEW YORK, Jan. 18.—In the vending machines of one corporation alone 3,500,000,000 pennies were shoved through slots in 1927 to buy chewing gum and candy, a report today showed. GOOD FOOD. Big variety. Reasonable prices. FLETCHER CAFETERIA, Basement Fletcher Trust Bldg. 10:30 a. m. to 7:30 p. m.—Advertisement.

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The Indianapolis Times Unsettled, probably rain tonight and Thursday; not much change in tempei*ature, lowest tonight about 35.

VOLUME 39—NUMBER 217

SCHOOL HEAD HIT BY NEW CHARGES

‘Snap ’ It Up! By United Press CHICAGO, Jan. 18.—Thirtytwo chorus girls at a burlesque theater pranced and kicked and squealed in contrast to the bored dancing frequently performed by such entertainers. Police sought a reason. They found four youths in the front row armed with rubber band catapults and darts made of paper and pins.

COOLIDGE ILL ON TRIP HOME President Soon Recovers From Seasickness. BY CARL D. GROAT United Press Staff Correspondent ABOARD PRESIDENT COOLIDGE'S SPECIAL TRAIN, EN ROUTE TO WASHINGTON, Jan. 18. The “Friendship Special’’ speeded north out of the semi-tropi-cal warmth of southern Florida today, carrying President Coolidge back to the Nation’s capital. Mr. Coolidge, who had a touch of seasickness during the passage from Havana to Key West, was feeling fit again today. Both he and Mrs. Coolidge retired early last night. < • A ground swell at the putset of the brief trip across the channel between Cuba and Florida was sufficient to upset the President. He left to Secretary Wilbur an assignment to address the crew of the cruiser Memphis on which he returned. At Key West, however, the President kept his appointment to tour the city as guest of the mayor. President Coolidge spent an hour touring Jacksonville this morning. He was shown historical spots as the guest of the mayor and returned to his special train at 10 a. m. to resume the journey home. He had a hearty breakfast. He called specially for Spanish melon and one was found. It had been imported from Washington before the trip started.

CLERK SHOOTS SELF Railway Postal Employe Is Dead at Hospital. David C. Kennedy, 30, railway mail clerk of Cloverdale, Ind., died at the city hospital as the result of shooting himself through the temple with a .45-caliber revolver today. The shooting took place in his room at 2241 Kenwood Ave. F. S. Kirtley, proprietor of the rooming house, heard the shot and rushing upstairs found Kennedy unconscious on the floor. The bullet passed through his head, out the side of the house and lodged in the gable of the house across the street, 2240 Kenwood Ave. No reason was given, the young man being in good spirits Tuesday night, according to Kirtley.

THREE ARE KILLED IN RUM GUN DUEL

By United Press CHICAGO, Jan. 18.—Chicago police received reports today of a gun battle near Chicago Heights, 111., in which three men were said to have been killed. One of the men, the reports said was identitfled as Joe Sacco, a Chicagoan. Another victim was believed to be a man named Fuller, 28, of South BURGLARS USE TRUCK TO BATTER DOWN DOORS Loot of Small Value Obtained in Nigbt Raids. Burglars broke open rear doors of three stores near Illinois and Thirtieth Sts., last night by backing a truck into them, police said today. Tracks showed a truck had been used at the W. H. Suessman meat market, 111 W. Thirtieth St. The rear door was battered open, but nothing taken. Groceries valued at SSO were taken from the Kroger grocery, 2964 N. Illinois St. The door of the M. C. Schneider hardware store, 2962 N. Illinois St., was battered, but nothing taken from the store. blanTonFpTor senate Texas Congressman Announces His Candidacy for Upper House. By United Press WASHINGTON, Jan. 18.—Representative Thomas L. Blanton (Dem.), Texas, formally announced today his candidacy for the Senate. He declared that “only in the Senate may plundering be effectively, stopped.” “All exploiters of public funds and governmental favoritism are not in the Republican T>arty alone," he said. “Some operate In all parties and need constant checking.”

Trustee Files Accusations Against Superintendent of Scott County. Wesley O. Green, trustee of Lexington township. Scott County, today struck back at Floyd E. James, Scott County school superintendent, who was instrumental in causing an investigation of the qualifications of Green’s daughter, Miss Faye Green, to teach music. Green filed with Roy P. Wisehart, superintendent of public instruction, charges of malfeasance against James. Wisehart has notified Green that he must appear personally before the board with proof of his charges before they will be considered. Miss Faye Green is the teachei who, Wisehart contends, was found to have been granted a license upon representation that she had had more hours of training in a Louisville, Ky., conservatory than she really had had. She has resigned and is taking further schooling. Among a number of serious accusations which Green makes against James is one that James’ own teaching certificate is open to question. James’ friends declare this is unfounded. Both James and Green are Democrats. State school officials have heard rumblings of a political feud between the two-for several months. Wiseart said he was unable to investigate James’ certificate because the entire file relating to James has disappeared from the State board office.

EXPECT 100,000 TO GO TO HOUSTON PARLEY Texas City Prepared to Spend Half Million for Entertainment. By United Press NEW YORK, Jan. 18. - Jesse Jones? whose personal check for $200,000 induced the Democratic National committee to choose Houston, Texas, as the 1928 convention city of the party said today that Houston was prepared to spend half a million dollars in entertaining the convention. “It is a community project with us and we are going to do the job right,” Jones said on his arrival here. “Ti e auditorium to accommodate 25.000 will be built on land acquired by the city for a civic center. I think it will cost approximately $100,000.” JACKSON CASE SEPARATE TRIAL DECISION DELAYED Remy Wants Motion to Be Filed In Advance of Trial. Attorneys for Governor Jackson, indicted with County Republican Chairman George V. Coffin and Robert I. Marsh, former law partner of Jackson, on a charge of conspiracy to bribe, have not yet decided whether separate trials will be asked before the trial set for Feb. 7. The question of severance was brought up at a preliminary conference with Special Criminal Judge M. McCabe of Crawfordsville last week. Prosecutor William H. Remy asked that the motion be filed in advance of the trial so the State might prepare for trial of the first of the defendants.

Bend, Ind. Twenty bullet holes were in his body. The bodies were found on a lonely road near Chicago Heights, frequently used by rum runners, and police believed the slayings were connected in some way with the liquor traffic. Either the men were killed in a battle between run runners and hijackers, police said, or they had been “taken for a ride.” It was possible, detectives said, that two of them had killed the third, and then had been shot by his friends.

FIGHT POWER PROBE t Lenroot Sees No Need for Walsh Investigation. By United Press WASHINGTON. Jan. 18.—Former Senator Irvine Lenroot of Wisconsin, representing the joint committee of national utility associations, presented a case today against the Walsh resolution for investigation of the power industry. Arguing before the Senate inter-, state commerce committee to which the resolution was referred, he said: 1. No facts have been presented showing the need for ah investigation. 2. The broad scope of the proposed inquiry makes the undertaking impossible. 3. The Senate has no jurisdiction over most of the activities to be investigated. Walsh questioned Lenroot's statement that power companies enjoy greater public confidences than any other industry in the country. Walsh read editorials from commercial magazines questioning the value of certain public utility securities.

INDIANAPOLIS, WEDNESDAY, JAN. 18,1928

KIMBLE FREE, SHEDS TEARS OF HAPPINESS Jury at Delphi Acquits Father of Six in Daniel Sink Fire Murder. 14 HOURS’ DELIBERATION Twelve Men Return Verdict Today After Session Through Night. By CHARLES C. STONE State Editor, The Times DELPHI, Ind., Jan. 18.—Lloyd Kimble was acquitted of a first degree murder charge in the slaying of Daniel Sink last Aug. 24, by a jury which returned a verdict in Carroll Circuit Court here, at 9 o’clock this morning. The jury deliberated a little more than fourteen hours. Tears of joy were shed by Kimble as he heard the words which lifted from him the shadow of death in the electric chair, the State having urged that he pay to the uttermost for the death of Sink, whose badly charred body was found in he ruins of his burned home near Burrows. Through With Liquor Once convicted on a charge of violating the prohibition law, Kimble declared after his acquittal that he was through with liquor forever, and would immediately begin to make a living for his family in a legitimate way. Six sons of the dead man heard the verdict, and though disappointed, are said to hold no animosity against Kimble. Despite a warning by Judge E. E. Pruitt against a demonstration, many in the courtroom applauded when the words “not guilty” were read. Trial Started Dec. 13 The trial opened Dec. 13. Five days were required $o obtain a jury. A week's delay resulted, due to the illness of Charles Pollard, 82, of Btate counsel, and the trial had proved tedious because of the bitter struggle of both sides to amplify their theories in the case. In contrast to the crowds which packed the courtroom throughout the trial, only about 100 persons were present this morning when the jury freed Kimble. Tire case went to the jury at 6:45 Tuesday evening after a continuous session from 1:30 p. m. Burleigh Davidson, Lafayette lawyer, made the final argument in Kimble’s behalf. The defendant, his wife and children were in tears as the The children clung to the necks of their parents. Many spectators in the crowded room joined in the , tearful scene. Attacks Chief Accuser Davidson flayed Mrs. Jeanetta Taylor, ace State witness, and Harry Gates, deputy State fire marshal. He assailed the woman’s character and compared Gates to "Handsome Harry” of “Diamond Dick ’ novel fame, declaring him “a hunter of persons to charge with crime.” His plea consumed an hour and a half and was considered one of the most stirring ever made to a Carroll County jury. James Wason, for twelve years a circuit judge, made the final argument in the case, summing up on behalf of the State. Without emotion, he traced the evidence from the beginning of the trial and in a masterly manner discussed the law points involved. He spoke two hours and demonstrated his ability as a “law’ f lawyer, as contrasted with one whose appeal lies mostly to the emotions Judge Pruitt took an hour for instructions following Wason’s plea, and the fate of Kimble then rested with the jury. Hourly Temperatures 6a. m.... 34 10 a. m 36 7a. m 35 11 a. m.... 38 8 a. m.... 35 12 noon).. 39 9 a. m.... 35

[ ‘GOOD CADDY’ IS LOST Father Believes Son Is Headed for Florida Links. Because his son is a good caddy and likes golf better than school, William Keevers, 2909 Indianapolis Ave.*, asked local police to g.c in touch with officers in Florida and see 1< the youth cannot be found on one of the golf courses there. He left home taking his clothes and intimated that he was southward bound, his father said. The boy’s name is John (Jack) Keevers, 15. ACTRESS TO PRISON Dorothy Mackaye to Start Term for Hiding Death Facts. By United Press LOS ANGELES, Jan. 18.—Dor.othy Mackaye, stage actress, probably will begin serving a one-to-three-year term in San Quentin prison next Friday. She was convicted of conspiring to conceal the manner of the death of her husband, Ray Raymond, comedian, who was killed in a fist fight with Paul Kelly. Kelly is serving aone-to-ten-year term for the slaying.

Bandage? No! By Times Special EVANSVILLE. Ind., Jan. 18. —A bandage is not always a bandage. Sometimes it’s a turban. Basanta Singh, Hindu wrestler, turbaned head much in evidence, was walking into the office of Lorin C. Kiely, promoter, when ai; Evansville lawyer, scenting a personal injury damage case, took notice. “How did you hurt your head?” the lawyer asked. With an air of having been insulted the Hindu replied “I am a Hindu wrestler,” and walked aw^y.

FIGHT HICKMAN DELAY Slayer’s Attorney Will Plead for Continuance. B,u United Press LOS ANGELES, Cal., Jan. 18. District Attorney Asa Keyes today prepared to combat defense moves designed to delay the trial of Edward Hickman. Keyes’ action followed receipt of word from Kansas City that Jerome Walsh. Hickman's attorney, intended to seek a continuance when Hickman is brought to trial Jan. 25 for the murder of Marion Parker. The continuance was to be sought on grounds that Walsh has not had sufficient time to prepare Hickman’s defense. Walsh is due here later this week. Meanwhile, Hickman had almost completed his interviews with State alienists. The alienists have reported that he "undoubtedly is sane" and is suffering from no aisease which might cause insanity. On the .other hand, defense alienists have pronounced Hickman “hopelessly insane” and the trial is expected to develop into a battle between the psychiatrists. A "mysterious" package which Hickman Tuesday declined to receive in his cell, on the grounds “that someone is sending me something to hurt me,” has been returned to the sender at Des Moines, lowa, officials said. According to word received here, the package contained only radio tubes. DEMURS IN GARAGE ROW Circle Motor Inn's Complaint to Be Aired Saturday. Demurrer to the injunction petition filed by the Circle Motor Inn to prevent police from arresting employes soliciting business at downtown amusement places, was filed today by Smiley A. Chambers, assistant city attorney, in Superior Court Four. Judge Byron K. Elliott announced he will rule Saturday. Arguments on another injunction complaint of the garage to prevent authorities from enforcing a "no left turn” rule in Market St., in front of the garage, also will be heard by the court Saturday. STEAL " USED CLOTH ING Twenty-Six Suits, Dresses, Net Total Value of sllO. Police are wondering why burglars chose the T. V. Marshall used goods store at 1132 N. Senate Ave., Tuesday night and went to all the trouble of lugging out fourteen dresses and twelve suits, the total value of which was sllO.

FLIERS ALOFT TO SET WORLD MARK

Ru United Press SAN FRANCISCO, Jan. 18.TFlying at an altitude of 1,800 feel, the Spirit of California soared over the San Francisco Bay region today, well started on its attempt to set a new airplant endurance record. At 11:09 a. m. (P. C. TANARUS.) the plane had been in the air twenty-seven hours. The greatest hazard of the flight —the early hours with a heavy gasoline load—had been passed safely

ENGINEER FEELS AX Plan Commission Employe Dropped From Pay Roll. City Plan Commission Engineer J. Ray Monaghan, Democrat, has been dropped from the city plan pay roll by order of the commission, it was learned today. The commission dismissed Monaghan in executive session Tuesday on recommendation of Mayor L. Ert Slack that cuts be made to keep the pay roll within the appropriation for 1928. Monaghan had been in the department five years. He received $2,800 a year. Macklin Mack, who last year was zoning board engineer, will hold both posts at his present salary of $3,000. Benjamin F. Payton, investigator, who was active during the Duvall administration, was dropped from the payroll. He received SI,BOO. Mayor Slack has cut the city appropriation $77,000 to keep departmental expense within funds raised by the reduced tax levy.

Entered as Second-Class Matter at Postoffice, Indianapolis

JUDGES DEFY FLINT MOB; SLAYER TO BE SMUGGLED BACK TO CITY FOR TRIAL

Michigan Child Slayer

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Here is Adolph Hotelling, 47. Owosso, Mich., carpenter and mason, who has confessed the murder of 5-year-old Dorothy Schneider.

START NO-STOP HAVANA FLIGHT Detroiters Take Air on 1,350-Mile Trip. Btt United Press MT. CLEMENS. Mich.. Jan. 18.— Lieutenant Leonard Flo, former army aviator and Austin Bement, Detroit advertising man, hopped off today from Selfridge Field on a nonstop flight to Havana, Cuba. The fliers had a Stinson-Detroiter monoplane and carried the rubber boat which Edward Schlee and William S. Brock carried on their attempted round-the-worid flight. They hoped to complete the 1,350mile flight in fourteen hours. They left at 11 a. m. Their route was to carry them over Cincinnati, Atlanta and Key West. Fla. The plane was one of two owned by the “Ten Wise Birds,” a select Detroit flying club of ten prominent men," *

and the motor apparently w-as working perfectly. Capttam Kingsford-Smith and Lieutenant Pond, pilots, settled down for the long grind ahead. They faced more than 25 more hours in air if they were to succeed in breaking the record. The plane took off at 8:11 a. m. yesterday. It carried 1.532 gallons of gasoline, 100 more than was used in previous attempts by the same fliers.

BARE ALIEN ENTRY PLOT International Smuggling Ring Revealed 'in Illinois Town. By United Press BENTON, 111., Jan. 18.—An alleged international smuggling plot to bring central Europeans to the United States and keep them virtually in a condition of peonage was under investigation here today. The plot was revealed, officials said, with the arrest of Kyro Terpovich, 42, who said he was approached in Europe by a steamship company agent and urged to come to America. Terpovich told the officers he had worked for six months in a bakery here without compensation because he was told he was still indebted to the persons who brought him over. STRESEMANN TO TOUR German Official, 111 With Grippe, Plans Long Holiday Abroad. By United Press BERLIN, Jan. 18.—Foreign Minister Stressmann, who has been ill with grippe since Christmas, is expected to leave early in February for a prolonged holiday abroad.

Curtain Opera Aspirant Fails to Get Bows; Takes Own Life.

Pei United Press NEW YORK, Jan. 18.—Thea Marovska. through years of study, dreamed of the triumph that would be hers when she made her Broadway debut as a Lyric singer. Last Sunday night she sang before a theater audience that was little more than polite. The next day she read criticisms that were either disparaging or—worse still —indifferent. Success was not for her. Police were called last night to the Brooklyn apartment of Arthur Warner, associate editor of the Nation, who had befriended the Russian singer. They found her lifeless body in a gas filled bathroom. She had left a note which read: “Dear Mr. Warner—l ask you most kindly to forgive me that I should bring so much trouble upon you. I am a failure in my vocation and it is now too late to make anew start. “I have always felt that I would make a success and become a great opera singer, but I suppose that life is not made up of one great effort, or one great success, but of many efforts, many failures and only partial success. Good-by.” The note was signed “Dorothy Mlerowsky,” the singer’s name in private life. She was 30 years old. BYRD TO START SOUTH POLE TRIP NEXT FALL Sets Sept. 10 for Departure In Whaler From New York. Bn United Press CHICAGO, Jan. 18.—Commander Richard E. Byrd plans to sail from New York Sept. 10 on his expedition to the South Pole, he announced here. The trip will be made in the Sampson, a whaling vessel. Byrd, fifty scientists, several dog teams and an airplane will make the trip. LABOR HOPeITfOR" AID President Green Says Legislation Will Be Supported in Congress. By United Press MIAMI. Fla., Jan. 18—William Green, president of the American Federation of Labor, denied here that the federation had abandoned hope of favorable action on labor legislation by the present Congress. Green said he had promises that measures advocated by labor would receive favorable votes in the Senate. Green is here attending a meeting of the executive council of the federation. He said the fight over the right of courts to enjon organized labor in settlement of labor disputes will occupy most of the council’s time.

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Speedy Justice Promised for Kidnap-Killer: May Be Sentenced Today. STATE’S PLANS AWRY Police Chief’s Plea Against Move Ignored; Tangle in Law Feared. By United Press FLINT, Mich., .Jan. 18.—An immediate, f secret trial for Adolph Hotelling:, slayer of Dorothy Schneider, was decided upon today by judges of the Genesee Circuit bench. The judges met with Sheriff Frank A. Green and laid tentative plans to smuggle Hotelling jlrom lonia Reformatory to Flint, despite the fact that Governor Fred W. Green and Caesar J. Scarvada, Flint police chief, had stated that a trial in Flint would lead to further rioting. Judge James Parker declared that Genesee County was capable of handling its own criminal cases. “Lives undoubtedly will be lost if we bring that man back here,” Chief Scavarda protested, but to no avail. Fears Mob Violence Scavarda’s fears were based on the mob scene enacted outside the Flint jail Monday night, when it was necessary to call out the militia to disperse rioters. Hotelling climaxed his detailed confession of the murder and mutilation of Dorothy Schneider, the 5-year-old child who was kidnaped as she returned from her kindergarten class in Mt. Morris, with a written avowal that he also had attacked two other girls in the C wosso neighborhood. The second confession was made voluntarily, on the advice of William A. Seegmiller, Hotelling's attorney. It read: Esther Skinner was 7 years old and the Horn girl 8. Neither was mutilated, but the Elder girl was chloroformed and left unconscious by the roadside after the outrage. Will Speed Trial Details of the trial were not given, but it was indicated that they provided swift justice for Hotelling. He probably will be on his way to Marquette penitentiary to serve a life berm before nightfall, it was understood. - Action of the comity judges balked the State's intentions. Arthur E. Kidder, assistant attorney general, had arrived this forenoon and conferred with William Roberts, Genesee prosecutor, as to the best methods of expeditionsly seeming a change of venue. Three circuit judges already had declared themselves as opposed to peremptory action. W. M. Seegmiller, Hotelling’s attorney, intimated that he might seek change of venue on the ground this would deprive him of a fair trial on the question of whether he was sane. Seegmiller said his action, however, would depend on the outcome, of a conference with Mrs. Hotelling, the slayer's wife. Wife May Intervene Although Hotelling has stated that he was ready to plead guilty and be sentenced immediately, there was possibility that his wife would insist on a plea of not guilty, based on the insanity theory, and a subsequent request for a change of venue. If the man were sentenced first and later adjudged insane, he would have to serve out his term if he ever regained his sanity. If found insane before trial, he would be sent to a State hospital, and if later found sane, he would be released without standing trial. The informal refusal of the judges to accede to the proposed transfer of the trial from the county did not preclude possibility that either side might make a formal motion for such transfer when the casa is called for trial. In that event, legal arguments, perhaps lengthy, might prolong the proceedings. Fred Brennan, presiding judge of the circuit bench, directed attention to the fact that the jurisdiction of the county in a murder extended for 100 yards into adjacent counties. Governor Green said yesterday that he could take no action If the circuit judges insisted on trying the criminal in Flint. Defense Attorney Seegmiller, here to attend the judges’ conferences, claimed that the list of 100 women found wrapped around the Jackknife in Hotelling’s possession was a list of women members of the Church of Christ in Owosso, of which he was a leading members. The name “Schneider” in it referred to a woman member and not to Dorothy’s mother, he said, apparently in an effort to correct an impression that the slaying had been premeditated.