Indianapolis Times, Volume 39, Number 223, Indianapolis, Marion County, 25 January 1928 — Page 3

JAN. 25, 1928_

HICKMAN TRIAL JUDGE OPPOSED TO DEATH PENALTY

JURIST, 60, HAS SENT MANY TO DOQMINNOOSE Unflinching in His Duty Despite Personal Views on Hanging. COURTROOM IS SMALL Only 150 Spectators May See Case Progress; Seats Are Reserved. 3. S. Hahn, noted Los Angeles criminal lawyer, will write a daily feature for the United Press on the murder trial of William Edward Hickman, supplementing stories by staff correspondents. Hahn, who has served as chief counsel in more than a hundred murder cases, will outline from day to day important legal points scored in the progress of the trial. Hahn was connected with the Courtland Dines case, the Mary Pickford kidnaping hearing and the Aimee Semple McPherson case. His first article follows: BY S. S. HAHN LOS ANGELES, Jan. 25.—The curtain rose today on one of the most spectacular legal dramas in the history of the West, the trial of William Edward Hickman for the murder of Marion Parker. The climax will be reached when he either is sentenced to hang on the gallows of the State prison at Ss|n Quentin or is ordered confined to the hospital for the criminally insane. The scene was the Superior Court room on the eighth floor of the Hall of Justice, a room far too small to accommodate all who sought to witness the trial. The chief actors in the murder trial are Superior Judge Carlos Hardy, with a round and kindly face; District Attorney Asa Keyes, poised, deliberate and formidable prosecutor of twenty years’ experience; Defense Counsel Jerome Walsh, a youthful attorney, and William Edward Hickman. Opposes Death Penalty Judge Hardy is 60 years old and has been on the bench for ten years. He has presided over many notable criminal trials. Although he has sentenced more than four dozen persons to the penitentiary within the last month and he pronounces judgment to life imprisonment with the ease of a police judge who barks “ten dollars or ten days,” yet he always is fair in his decision. Judge Hardy is opposed to capital punishment as it now is provided under the laws of California, but he has sentenced many men to the gallows unflinchingly when a jury brought in the verdict of murder in the first degree. He enforces the law which, he conscientiously deplores. Only in extreme cases does Judge Hardy believe capital punishment should be resorted to. Courtroom Seats 150 The capacity of Judge Hardy’s courtroom is 150 and all the seats have been reserved. Under the laws of California Hickman is entitled to a public trial, which implies that the courtroom doors should be swung wide open to the citizenry, to give them a full opportunity to see that the defendant is dealt with fairly and justly, on the theory that the presence ot interested spectators may keep the prosecutors keenly alive to their responsibility. But in fact the audience will be composed of spectators who obtained their reservations before the trial commenced. The first official act in the Hickman case today was to be the seating of the twelve prospective jurors in the box for interrogation By the court, prosecution and defense. The task of obtaining twelve men and women to state under oath that they can try Hickman fairly and impartially may consume several days. Jurors to Be Quizzed Jurors who entertain scruples against the death penalty are disqualified from jury service. This is the first question Judge Hardy will ask when the jurors step into the box. If the answer is in the negative, interrogations on the state of mind of the juror follow by the defense counsel, and then by the prosecution. If the answer is in the affirmative, the juror immediately Is challenged by the prosecution. Sixty per cent of the jurors in the criminal courts of Los Angeles are women and it has been my experience that most women jurors are opposed to capital punishment. MOODY"DOESN’T CHOOSE AUSTIN, Texas, Jan. 25.—Governor Dan Moody denied here that he is a candidate for the vice presidency. Moody’s denial answered agitation in Texas which linked his name with Governor A1 Smith on the Democratic ticket. “I am certainly not a candidate for the vice presidency,” Moody said, “and I have no intention of becoming one."

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Earl Carroll and Wife to Break, Says Report

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Mr. and Mrs. Earl Carroll

By United Brest NEW YORK, Jan. 25.—The Daily News in a copyrighted story today says Earl Carroll and his French wife, Marcelle, “have definitely called it quits.” • The theatrical producer, who recently returned from Atlanta penitentiary, where he served a sentence for perjury in telling a grand

Night Shirt Flapping on Wire Was I Ghost ’ Itii Times Special BLOOMINGTON, Ind., Jan. 25.—Some man who became a modern and discarded a nightshirt for pajamas—a man with a sense of humor, too—was responsible for “the ghost of the Red Hog quarry district” which has been laid by Sheriff W. S. Curry. The “ghost” was a man’s nightshirt hanging on a wire near a barn south of Clear Creek. Flapping in the wind, it gave a realistic demonstration of what the antics of a ghost should be. In the last few weeks several persons went ghost hunting and many saw the bedtime apparition. One party of six men, led by Noble Sicoe, took several shots at the shirt, and reported the “ghost” retreated speedily and in good order.

WARNED OF POLITICS Civil Service Rule Hits Employes of U. S. Warning against engaging actively in politics today greeted Federal prohibition agents and other Government employes in the Federal building. Printed warnings issued by the civil service commission and tacked on the walls, reminded Government employes that while retaining the right to vote and express privately their opinions on political subjects, they are forbidden from taking an active part in political management or in political campaigns. No legislative officers, officerselect or candidates, and no judicial officer or employes shall solicit political contributions from any officer or employe of the Government,” they were warned. Furthermore, no Government employe is allowed to give to any other Government employe or offer money for political purposes. BOYS CONFESS HOLDUPS Bloomington Youths Admit Robberies in Madison and Ohio. Three Bloomington youths, who admitted to detectives Tuesday that they had held up two filling stations here, also have confessed robberies in Madison, Ind., and several Ohio cities, including Dayton, Lima and Sidney, police say. The youths, Fred Smith, 24; Russell Tapp, 18, and Herbert Duncan, 24, were arrested in Bloomington by Monroe County authorities and Detectives White and Taylor. They were brought here by the detectives and held on charges of automobile banditry and robbery. RUM DEATHS DECREASE Health Record Shows Fewer Since Prohibition Passed. Deaths from alcoholism have greatly decreased since the days of Volsteadism, health statistics show. Records compiled by Chief Clerk C. Tom Johnson of the Indianapolis health board show only thirteen deaths from alcoholism in Indianapolis last year. This is a rate of 2.5 a thousand persons compared with a rate of 11.9 in 1907 when the alcoholism curve was at its peak. There were three more alcoholism deaths last year than the previous year.

jury about his noted bath tub party, will remain in New York while his wife returns to her native country, the story says. The Carrolls are reported to be living in separate apartments, ah hough the bx-eak has not been completed. Carroll was not at his theatrical office today and callers were advised that his whereabouts was unknown.

SHOOTS AT FURSUER Autoist Halts Chase After Crashing With Bus. After striking a school bus belonging to the Jewish Education Association, which was returning with school pupils Tuesday afternoon, a motorist failed to stop and shot several times at another auto driver who attempted to follow and get his number, police learned today. The collision occurred at ThirtyEighth St. and College Ave. The bus was thrown on its side, but the two passengers and the driver were uninjured. Pupils in the bus were David Fallender, 10, of 4005 N. Meridian St., and Sanford Cohen, 11, of 4042 College Ave. The driver was Monrce Fisher, Negro, 941 Roach St. Fred Robertson and W. D. Parrish, both of whom have offices in the Consolidated Bldg., followed the machine, took the number and were shot at. Police have the license number of the fugitive's car. CONTRACT DEFERRED ON STATE HOSPITAL COAL Product of Only Two Companies of 29 Bidders Passes Test. Action on letting of a special coal contract for the Central State Hospital here was deferred by the joint purchasing board Tuesday afternoon. Coal of only two of the twenty-nine companies offering contracts for No. 4 shaft coal passed the test for the hospital boilers. Both of these bids were the same, board members announced. Others will be tested by sending a few carloads to the institution for trial. State Purchasing Agent Daily McCoy and Dr. Max A. Balor were empowered to purchase coal for testing. Contract with the Rolf Company, Ft. Wayne, Ind., was cancelled because their coal was unfitted for boilers at the hospital. The company supplies other State institutions. WOMEN STAGE FIGHT A fight which is alleged to have been staged by Mrs. Martha Rowe Changzy, 30, and Miss Edna Johnson, 27, both of 1245 Park Ave., in an automobile at Capitol Ave., and New York St., Tuesday night, was only preliminary to the big battle when police got them to headquarters. Upon arrival there, a stranger said something to Mrs. Changzy and she struck him. Before the police could intervene the stranger knocked Mrs. Changzy through a large window glass in the roll-call room. Both the women attacked officers and were booked for i: toxication, disorderly conduct and resisting arrest. HOKE TO TALK ON FUND Fred Hoke, for seven years president of the Community Fund, will talk to the representatives of fifty firms who will be the special guests of Mr. and Mrs. William H. Coleman at dinner this evening at the Propylaeum. The affair is being given for the membership of the Employee’s Community Fund Fellowship. Arsenal Technical High School students will provide the music. The Rev. Francis Mellen will offer the invocation and sing following the dinner.

THE INDIANAPOLIS TIMES

PERSHING ASKS BARGE SERVICE TO AIDFARMER Agricultural Relief Need Cited by General at Kansas City. By United Press KANSAS CITY, Jan. 25.—Gen. John J. Pershing pleaded for farm relief today and recommended a barge line service on principal rivers to provide adequate, cheap transportation of agricultural and other products. He made his plea at a Chamber of Commerce luncheon here. He said no measures have been taken to relieve the farmers of overproduction that was urged on them during the war. “Agriculture,” he said, “must not be permitted to decline as compared to other industries. Transportation Needed “And yet for lack of just consideration of his (the farmer’s) situation, we see him staggering under an excessive load of debt. Fair play shudders at the weakening of this basic industry, and the consequent possible recession in the quality of citizenship of our agricultural element. “There Is another important question in this discussion that remains to be considered, and that is how to provide economical transportation to market for the products of both agriculture and industry. “The building of the Panama Canal has tended to isolate the ricn central area of the country, and agriculture, mining, manufactures and commerce among 40,000,000 people are handcapped by the difference in rates between water routes and railways. Open Water Courses “The obvious remedy is to open our water courses to the sea through which the farmer and the manufacturer may have more economical access to the seaboard and also to adjacent home markets. “Along with the vital problem of flood control, which it is hoped will be handled in Congress without political bickering, full consideration should be given to the equally important question of waterways improvement.” Railways are overburdened, Pershing said, as he forecast benefits to be had from barge lines on the great middle Western rivers and their tributaries. TAILORS TO GET STYLES Correct Fashion for 1928 to Be Set at Convention. Indianapolis merchant tailors have been advised that the correct styles in men’s dress for 1928 will be set in Buffalo, N. Y„ next week at the nineteenth annual convention of the National Association of Merchant Tailors of America. The convention opens Jan. 31 and closes Feb. 3, with the final session scheduled for Niagara Falls, Canada. This city will be represented officially at the convention by Francis Hendrickson, Hume-Mansur Bldg.; Welcome B. McMurray, Beard of Trade Building; Frank Nessler and Company, Newton Claypool Building, and A. J. Treat and Sons, American Central Life Building. OPEN SCHOOL TONIGHT Vonnegut and Miller to Talk at 72, Troy and Carson Aves. Theodore F. Vonnegut, school board president, and Superintendent cf Schools Charles F. Miller vrtll conduct the dedicatory exercises at 7:30 tonight for the new building of school No. 72, Troy and Carson Aves. The building will open for public inspection at 7. A feature of the program will be songs by the fifteen children of the graduating class and the Teachers’ Chorus. The Rev. E. C. McComb will give the invocation and Mrs. L. A. Miller, president of the Parent-Teacher Club, will respond to Vonnegut. The remaining board members will give brief talks.

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VOLIVA STARTS TOUR OF FLAT WORLD

By United Press NEW YORK, Jan. 25—Wilbur Glenn Voliva, general overseer of Zion City, 111., sets forth tonight to travel over a considerable part of the earth that he conceives to be flat. Although he is certain that “within a short time” most of the world will be destroyed, Voliva is planning to remain abroad until June 3 and is hopeful that the catastrophe will not overtake the pancake-like earth before that date. Interviewed at his hotel today, Voliva was enthusiastic over the vacation that comes after twentynine years of work. He leaves behind him a bakery business and a flock of 6,000 at Zion City, and will voyage with his wife, Patrick R. Mclntosh, his personal aid, and Theodore Fordy, his counsel. His itinerary will take him to

‘STEVE’ TO BE HEARDJFRIDAY Court Will Consider ‘Lifer’s’ Mandamus Suit. By United Press MICHIGAN CITY, Ind., Jan. 25. The mandamus suit brought by D. C. Stephenson, life convict in the Indiana State prison here, against Warden Walter H. Daly and the board of prison trustees has been set for hearing Friday morning before Judge Harry L. Crumpacker in La Porte Superior Court here. The second petition for a restraining order and injunction which he has filed will come up several months later. The petition which is t 1 be heard Friday is for a writ of mandamus in which the former dragon of the Indiana Ku-Klux Klan seeks the right to talk with his attorneys in private without the presence or interference of a prison guard or attache. Attorney Arthur L. Gilliom will attend the hearing and Stephenson is expected to testify. LEGION JNJONTESTS Challenges Hurled by Posts Seeking New Members. Challenges are being hurled in the membership drive now being conducted by the American Legion throughout tthe State, according to State Commander Frank M. McHale, who points to this as evidence of the intense interest in the campaign for 30,000 new names on Legion rolls. • Herschell R. Johnson of Petersburg, a vice commander of the Indiana department, has challenged Vice Commander J. A. Rensbergex of Goshen to a contest between the southern division of the State and the northern. Congressional districts one to seven make up the southern and seven to thirteen the northern division of the State. The loser will pay with a dinner fox the winner at the State convention at Lafayette. Many similar challenges, with various prizes to winners, are being made between post commanders throughout the State, McHale said. JAM/ MOTHER - ABUSER City Man Must Serve Thirty-Day Term, Judge Rules. James Andei’scn, 826 W. Pratt St., today began servmg a thirty-day term, to which he was sentenced Tuesday by Special Municipal Judge Henry H. Winkler, for abusing his mother. Anderson also was given a $5lO fine and seven months’ sentence on assault and battery and drunkenness charges. The fine and six months of the original sentence were suspended with a warning that another outbreak would nake them effective.

Portugal, Spain, northern Africa, Greece, the Holy Land, Egypt, Italy, Germany, England and Paris. His principal desire, he said, was to view the great Pyramid of Gizeh, which “predicts all the great happenings of history.” The pyramid, he pointed out, “foretold the dates of the beginning and end of the World War and now assures us of the approaching end of things.” a a u UPHEAVALS of nature, universal sinfulness, and church lawlessness masked in the name of modernism, are other factors hastening the world’s destruction, he said. In fact, the world “is going to Satan on a toboggan slide.” A dispatch from Chicago quoted Voliva as having said he was cruising forth to prove that the earth is flat.

Both Car and Pole Suffer

Both the telephone pole and the automobile lost in this argument. The car, driven by John Ritz, 20, of Reading, Pa., skidded off the National Rd. into the pole a mile east of Indianapolis. The top of the pole crashed doivn through the car roof, injuring four persons.

Both the telephone — r-v pole and the automobile lost in this argument. The car, driven by John , JS. Ritz, 20, of Reading, Pa., skidded off the National Rd. into the pole a mile east of Indianapolis. The J top of the pole crashed

BUS BETTER Aged Woman’s Leg Broken; Condition Improved. Mrs. Martha Stewart, 84, of 246 Arlington Ave., is improving at city hospital today from injuries suffered Tuesday when she was run down by a People’s Motor Coach Company bus at Market and Delaware Sts. Alighting from the bus, she was thrown under the rear wheels when it started. She suffered a broken right leg and severe body bruises. Harry T. Ennis, 48, of 2252 N. Illinois St., was arrested on a charge of assault and battery today after his automobile struck William Fifer, 40, of 431 N. Illinois St., at Thirteenth and Illinois Sts. Fifer was severely bruised. refinanceyourliebts now and repay as you earn. Low cost, confidential and quick. CAPITOL LOAN CO., 141 Vi E. Wash.—Advertisement.

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“That is not true,” he said. “I know that the earth is flat and there is no need for me to prove it. The stationary plane theory has been established for all but the wilfully blind to see.” No one falls off the earth, he explained, because it spreads out until it meets the ocean and' then spreads out until it meets icy, impenetrable mountains. The earth stands still and the sun moves. “China is not on the other side of the globe, purely because there is no globe. Aviation feats, such as that of The Norge, only go to prove the theory of flatness,” he said. Voliva commented interestedly on topics of the day. He decried .companionate marriage and praised the Volstead act. Herbert Hoover, he believes, will be the next President.

HICKMAN PROSECUTION USES FORMER HOOSIER Dr. Paul A. Bowers, Once Prison Physician, Retained as Alienist. By Times Special MICHIGAN CITY, Ind., Jan. 25. —Dr. Paul A. Bowers, former Indiana State Prison physician, is one of the alienists retained by the State of California in the trial of William E. Hickman, charged with the murder of Marion Parker Hickman is offering a defense plea of insanity. A book on mental diseases and crime was written by Dr. Bowers while connected with the prison here. The volume is recognized as a standard work. STICK IS DEATH CAUSE By United Press NEW YORK, Jan. 25.—While running home with a stick in his mouth, Nathan Jones, 5, stumbled and fell. The stick penetrated his palate and he died twenty minutes later.

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DEATH CLAIMS i PRESIDENT OF UDELLWORKS Albert A. Barnes, Furniture Manufacturer, Was Business Leader. Aybert A. Barnes, 88. president of the Udell Works and prominent for more than half a ctnury in business and financial circles in the city, died today at his home, 1740 N. Meridian St. He had been ill for the last three years. Funeral services will be held at the home at 3 p. m. Saturday and burial will be at Crown Hill Cemetery. Dr. Frederick E. Taylor, pastor of the First Baptist Church, o£ which Mr. Barnes was a member since coming to Indianapolis in 1864, will officiate. Mr. Barnes was born in Vermont, Feb. 14, 1839. At the age of 21 he came West and opened a photograph studio in Rockford, 111., where he married Abbie C. Clayton, April 2, 1861. Bought Furniture Factory During the Civil War he had moved to Beloit, Wis., and went from there down South to photo-, graph war scenes at Murfreesboro!, and Nashville, Tenn. Coming to Indianapolis he opened! a studio and later entered the commission business on the site of the present Block store. He bought the Udell Works, furniture factory, now located at 2802 Barnes Ave., in 1882, and has since been president. When the Union Trust Company was organized he became a director and has since remained on the board. In 1901 he was one of the purchasers of the old State Bank, and assisted in organizing the Columbia Bank, since absorbed by the National City Bank. Aided Franklin College He was active in affairs of Franklin College, since Its organization, and was president of the board of trustees and chairman of the building committee during construction of the Indianapolis Y. M. C. A. He was vice president of the Claypool Hotel Company during the building of that edifice. For many years he has been both a trustee and deacon of the First Baptist Church. Mrs. Barnes died in 1917 and two children died earlier. Surviving are two nieces, both residents of Indianapolis. They are Miss Lena Clayton and Mrs. R, H. Fessler. Active pallbearers will be associates at the Udell Works and honorary pallbearers the trustees and deacons of the First Baptist Church. Active pallbearers are H. H. Phillips, Robert M. Madden, J. B. Peterseim, Samuel Doll, James U. Myers, C. E. Stalrxecker, C. A. Carll and H. T. Griffith. REHEARING REFUSED IN DUNCAN, TILION CASE Conviction of City Lawyer Wa a Reversed by U. S. Court, United States District Attorney Albert Ward Tuesday received word the United States Circuit Court of Appeals at Chicago that the court has refused the Government’s plea for a rehearing of the Russel V. Duncan and Charles W. Tilton case. Duncan, Indianapolis lawyer and State representative in the last Legislature, and Tilton, former United States Revenue Bureau employe, were convicted of stealing a $3,000 check from the revenue bureau office here. Tne appeal court reversed the conviction. Ward said he intends to retry the case.