Indianapolis Times, Volume 39, Number 225, Indianapolis, Marion County, 27 January 1928 — Page 1

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SCRIPPS-HOWARD

DRY LEADERS PAY TRIBUTE TO SHUMAKER WITH OVATION; TURN PARLEY INTO LOVEFEST’

Anti-Saloon League Chief Is Cheered by 1,500 at Meeting. HIGH COURT DENOUNCED Wlcßride Urges Hearers to y Criticise Officials Who Are Unfriendly. When Secretary E. S. Shumaker of the Indiana Anti-Saloon League mounted the platform at the Indiana dry convention at Roberts Park M. E. Church this afternoon he was given an ovation by 1,500 delegates. The meeting, which got under way Thursday morning and closes tonight, turned into a love feast for Shumaker, who is facing sixty days at the Indiana State farm and a $350 fine for contempt of the Indiana Supreme Court. The case still is pending following bearing of witnesses on a motion to increase the sentence on the grounds that the dry chief sought political influence on the court while th'e original case was under consideration by the judges. The session this morning had prepared the way for Shumaker’s appearance. A rousing talk, boosting his leadership and scathingly denouncing the Supreme Court, was delivered by James Kirby Risk, Lebanon manufacturer, who presided. Risk urged election of “honest, law-abiding lawyers” to the office of attorney general, recommending to Republicans “Honest Bill Remy,” prosecutor of Marion County. Shumaker was followed this afternoon by Superintendent F. Scott Mcßride of the Anti-Saloon League of America.He urged his hearers not to be afraid to criticise officials whom they considered unfriendly to their cause.

Resolutions Are / ’opted A long list of resolutions tvere adopted, praising the dry law, expressing opposition to all candidates opposing it, regretting presentation of the “'wet” cause in newspapers, urging national legislation along the line of the Indiana Wright “bonedry” law, approving Shumaker, the Anti-Saloon League. W. C. T. U.. and the Federal prohibition officials here, Judge Robert C. Baltzell and District Attorney Albert Ward. William H. Settle, president of the Indiana Farm Bureau Federation, wrote his regret at being unable to appear. Other speakers at the morning session were Bishop Frederick D. Leete of the Indianapolis area, Methodist Church; Mrs. Elizabeth T. Stanley, president of the Indiana W. C. T. U., and Mrs. Hamet D. Hinkle, president of the Indiana Federation of Women’s Clubs. Flay Whisky as Medicine * Medicinal whisky was discussed by two Indiana doctors. All Indianapolis doctors had been invited to hear the discussion. Secretary Shumaker also read a letter from Dr. W. A. Evans, health expert of the Chicago Tribune, condemning whisky as medicine. The Tribune has opposed Shumaker editorially. “There is no need of placing or retaining whisky, or other alcoholic beveridges, in the list of remedies used by physicians,” the Evans letter stated. Dr. Evans expressed regret that he was unable to appear personally to urge this stand. He cited numerous diseases, including “snake-bite,” }n which the use of whisky as a curative has been abandoned. Physicians who talked were: Dr. R. H. Richards of Patrifksburg, Ind., medical corps, major in the A. E. F., during the World War; and Dr. O. G. Brubaker, of North Manchester, Ind. Admission that prohibition has not been 100 per cent efficient was made by Dr. Clarence True Wilson, secretary of the Methodist Board of Prohibition, Temperance and Public Morals, Washington, D. C., Thursday night. President W. L. Bryan of Indiana University gave a five minute talk at the close of the afternoon session Thursday. He declared that never in the history of 100 years of saloons in America were the liquor interests known to have obeyed the law. Other speakers were Dr. J. M. Doran, U. S. prohibition commissioner, Washington, D. C.; General Secretary E. T. Albertson of the Indiana Council of Religious Education; Frank E. Wright, author of the Wright “bone-dry” law, and Mayor L. A. Handley of Richmond, Ind. AIR FLIVVER DELAYED Crack in Propellor Causes Brooks to Postpone Hop-Off. By Vntted Prcsa WASHINGTON, Jan. 27. A crack in the propellor of his Ford “flivver plane” forced postponement today of Pilot Harry Brooks’ scheduled hop-off for Detroit. The crack was discovered at Bolling field just before he planned to taka off. Brooks wired to Detroit for * new propellor but hoped meantime to repair the present one so he could leave fciturday.

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VOLUME 39—NUMBER 225

Dry Chiefs

aKflNSagj&v

J. M. Doran

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Clarence True Wilson

DISMISS 22 AS GAME VISITORS Operator Convicted; Judge Frees Loiterers. Although Raymond Silverman was found guilty in Criminal Court Jan. 14 of operating a gambling house at 109 Kentucky Ave., charges of visiting a gambling house were dismissed against twenty-two persons arrested there Dec. 22 by Municipal Judge Paul C. Wetter today. Police testified that they had seized race bet slips in the Dec. 22 raid, but Defense Attorney Earl Cox contended, and was sustained by Judge Wetter, that the State had not proved the place was a gaming house. Charge of * operating a gaming house against Charles Davis, also j arrested in the Dec. 22 raid, was ' dismissed although Davis was not in 1 court. Davis made a trip to Cali- 1 fornia on his advice, Cox said. Nineteen persons arrested on j gambling charges in the poolroom of j Herman Stevenson, 2104 E. Wash-1 ington St., were discharged by Judge Wetter Thursday afternoon when police admitted they had no search warrant and found no evidence of gambling. HOOVER IS INDORSED Senator Gillett of Massachusetts, Backs Secretary. By United Press SPRINGFIELD, Mass., Jan. 27. Expressing disappointment at President Coolidge’s refusal to be a presidential candidate, Senator Frederick H. Gillett has declared himself in favor of Herbert Hoover for the Republican nomination. “I presume every other Republican in Massachusetts feels as I do,” Gillett said in a public statement. OPERATEON DR. COOK Explorer Recovering at Prison; Has Left Hospital. Bn United Press LEAVENWORTH, Kan., Jan. 27. —Dr. Frederick A. Cook, Arctic explorer and oil promoter, is recovering at Leavenworth Penitentiary from an operation for hernia performed several weeks ago, it was learned today. Prison officials said he has left the prison hospital and is convalescing. PROMOTE' sCHOOL"' ‘ED’ Butler Collegian Chief Holding New Post on Paper. Joe Scheleen, senior managing editor of the Butler University Collegian, will be the chief editorial writer for next semester. He will be assisted by Fenley Shepperd, junior, and Meredith Shaffer, former Collegian reporter.

THEFT CHARGED TO FAMED FLIER

Bert Acosta Stole Plane, Allegation Made by Jersey Authorities. By United Press NEW HAVEN. Conn., Jan. 27. Bert Acosta, serving five days in jail for reckless driving on the aerial highways of Connecticut, faced today another charge unique in aviation. A warrant was brought here from New Jersey charging him with theft of an airplane. To add to Acosta’s worries, it is ; his own plane he is accused of stealing. Acosta was sentenced in Naugatuck yesterday for low flying over j that city, in violation of a State law. The case against him was! made more grave by the charge of ; witnesses that he apparently in- i tended, although he actually didn’t ; do it, to fly under a bridge in the city. Plane Is Attached Accepting his sentence philosophi- | cally, the trans-Atlantic aviator and famous endurance flier was informed that New Jersey authorities were sending after him as a fugitive. His plane, the Splitdorf, had been attached by the Splitdorf Electric Company of Newark to satisfy a claim of several thousand dollars. While it was in the sheriff’s custody at Teterboro, N. J„ Acosta climbed into it and flew away. Authorities were planning to have the five-day jail sentence shortened so Acosta could return to New Jersey at once and straighten out his difficulties. “It was merely a misunderstanding,” Acosta said, “and I am confident the matter can be adjusted without much trouble to me.” Given to Him for Flight The Splitdorf was presented to him with the idea that it would be used In an endurance flight which he and Clarence Chamberlin planned to make, Acosta said. He said that shortly afterward he became ill, and Chamberlin ar- | ranged for another aviator to ac- ; company him on the flight, anc. also | decided to vise another plane. I Under the impression that the ; agreement still was in effect. Acosta i said, he retained possession of the Splitdorf. He believed he was acting within his rights, he said, when he left New Jersey in the plane after the attachment had been placed against it.

BOY AWARDED $2,000 Malpractice Suit Lost by Doctor; Fracture Set Improperly. After eight hours cf deliberation a Circuit Court jury late Thursday awarded $2,000 to Jack Dugdale. 12. against Dr. Jerome Holman, 1220 N. Tuxedo Ave. The boy through his father. Jont H. Dugdale. 5259 College Ave., was suing Dr. Holman for alleged malpractice. The Dugdale boy broke his arm more than a year ago in a fall from a garage. The suit charged the fracture was set improperly by Dr. Holman and that the boy’s arm and hand are crippled permanently. CHARGE COST TOO HIGH FOR STATE BOOKBINDING Contract Work More Expensive Than on Open Market, Says Librarian. Charges that bookbinding work tor the State library is more expensive under the contract with the Haywood Publishing Company of Lafayette than it would be to have the work offered on the open market were made by Louis j. Bailey, director of the library at the meetj ing late Thursday of the State I printing beard. i William M. Taylor and Charles N. Thompson, members of the library anJ historical commission joined in the protest. No more j bookbinding will be done under the | contract until a solution can be j reached. The contract which has two years to run cannot be rescinded. | Several thousand volumes are j bound annually. HELD IN GIRL’S DEATH Marion Man Faces Illegal Operation Charge. Bn Times Special HUNTINGTON, Ind., Jan. 27. Ambrose A. Fisher. 47, Marion, is held in the county jail here charged with a statutory offense against Ethel Fredericks, 15, Warren, who died in a hospital here Sunday following an alleged criminal operation. According to evidence at a hearing before a justice of the peace Fisher was a roomer at the Fredericks home and his alleged relations with the girUat one time were investigated by juvenile court authorities. The family lived here then, later moving to Grant County, where Fisher is said to have followed and continued attentions to the girl. South American Fruit on Market Bn United Press NEW YORK. Jan. 27.—Strawberries, plums, honey dew melons and other mid-summer table delicacies appeared on the city’s fruit .stands today. They came from South America.

INDIANAPOLIS, FRIDAY, JAN. 27,1928

The Auto Show If you own an automobile or even want to own one, you will be interested in the. annual Chicago automobile show, which opens in the Coliseum Saturday. The Indianapolis Times, realizing that readers will want first hand information on the event, has sent “Swede” Swanson. Times automobile editor, to report the show for the entire week. Swanson wt!l be on hand every minute of the show, sending to The Times the news most interesting to its readers. He won’t omit anything. Read his first article in Saturday’s Times.

AUTO DIVES IN CANAL;SAVE 2 Young Man Prevents Aunt From Drowning. An early morning drive ended in a plunge in the icy waters of the canal o.t Sixty-Third St., and College Ave., today for Paul G. Miller, 24. and Miss Bertha Hogston, 45, his aunt, both of Grand Rapids. Mich. The couple were in a coupe. The youth mounted to the top and held a rescuing arm to the aunt, who just was able to keep her head above water, until firemen came to the rescue. Captain Patrick J. Riley and five cf his firemen at Engine House 32 at G 330 Bellefontaine St., heard the screams for help and reached the pair with ladders extended from the canal bank They carried both Miller and Miss Hogston back to land and the city police ambulance took Miss Hogston to the home of her sister, Mrs. Mary Smith, 1508 Montana St. Miller dried his clothing in the engine house and arranged to have his car extricated. Kd told the fireman that he and his aunt had teen visiting at the Smith home, but planned on returning ot Grand Rapids today. Getting an early start, he stopped at a filling station at Sixty-Third St. and College Ave., to fix a blowout. The car started backing and wound up in the canal. URGES U. S. TO SEND MOTHERS TO FRANCE . Free Transportation for Marie Cited in House Appeal. WASHINGTON. Jan. 27.—Free transportation furnished Queen Marie of Rumania in this country was used as an argument today by Representative Butler (Rep.), Pennsylvania, in urging passage of his bill providing Federal payment of expenses of the war mothers’ pilgrimage to France. “If they can haul one of the queens of Europe all over the country for a dollar, surely we can afford to send these war mothers to France to see the graves of their sons,” he told the House Military Affairs Committee. “This would be better for our country than battleships or armies.” The War Department estimates the cost at $3,292,776. FREEMAN LEAVES $5,000 Widow of Former G. O. P. Chairman Is Named Administrator. Estate of William H. Freeman, i former Republican county chairj man, who died Monday, was valued at $5,000 personal property when listed with Judge Mahlon E. Bash of Probate Court Thursday. There was no real estate. The widow, Mrs. Lelah B. Freeman, 5150 Park Ave., was appointed administrator and provided bond of SIO,OOO. Writes Poem and Ends Life Bn United Press LOWELL, Mass., Jan. 27.—After i writing a farewell poem and don- | ning her J best frock. Miss Cora A. Bass, elderly poet, committed suiI cide by gas.

FORT MONEY IN BILL Provides $666,000 to Improve Post Here. By Times Special WASHINGTON, Jan. 27.—The Senate Military Affairs Committee today inserted an item of $666,000 for rehabilitation of Ft. Benjamin Harrison, Indianapolis, into the James bill recently passed by the House, providing for flying field and army post construction. The amendment was made a committee amendment and the Senate is expected to pass it. If the House concurs, construction at Ft. Harrison can be begun next summer. The amendment provides $432,000 for permanent barracks for enlisted men and $234,000 for noncommissioned officers’ quarters.

SUIT TO OUST SLACK THROWN OUTOYCOURT Holmes and Duvall Action Loses; Ruling Upholds Right to Office. ONE CASE IS PENDING Attempt of Hogue to Get Mayoralty Still Waits for Decision. The Appellate Court cf Indiana, by unanimous decision, today threw out of court the suit of Ira M. Holmes and former Mayor John L. Duvall to unseat Mayor L. Ert Slack. The court dismissed Holmes’ appeal from the refusal of Marion County Superior Court to dismiss the restraining order which Claude E. Negley obtained, prohibiting Holmes from interfering with Negley’s duties as acting mayor and declared : “It now appears that his (Negley’s) duties as such acting mayor ceased, and that he ceased to act as mayor, on Nov. 8, and that L. Ert Slack was on said date elected by the common council of Indianapolis as the mayor of the city to fill the unexpired term of John L. Duvall.” The court based its ruling on the grounds that the restraining order Negley obtained no longer is operative. and that no question of public interest is involved in Holmes' | appeal. Holmes claimed to become mayor jon Oct. 27, the date council de- : clared Duvall out of office and named Negley acting mayor. I Duvall resigned, making Mrs. j Duvall, who was city controller. ! mayor, and Mrs. Duvall resigned after naming Holmes controller, | which made him mayor, Holmes j contended. The only suit contesting Slack’s election to office remaining to be decided is that of Joseph L. Hogue, city controller under the late mayor. Lew Shank, which is before the Supreme Court. Hogue contends Duvall never legally became mayor and that he succeeded to Shank’s right to office on Shank’s death. The suits contesting Slack’s tenure have prevented the sale of city bonds.

PROBE DOCTOR’S DEATH Boston, Mass., Police Study Theory Former Hoosier Was Slain. By Times Special BOSTON, Mass., Jan. 27.—Authorities are investigating the death of Dr. Frederick H. Gebhardt, former Ft. Wayne, Ind., physician and later a director of the Indiana Tuberculosis Sanitarium at Rockville, whose body was found in the rear of an apartment here. A theory that the doctor was a victim of foul play is being studied by police. SEEK ACID ASSAILANTS Two Women Choke 15-Year-Old Girl in Attack. Bn United Press TULSA. Okla., Jan. 27.—Two women who choked a 15-year-old high school girl and threw acid In her face were sought here today. The women were well dressed, Geraldine Bergman, the victim, told police. Physicians said the girl's eyesight might have been impaired by the attack. FORTUNE TELLER HELD Blesses Bankroll, S3O Gone, Man Complains to Police. Rudolph Malwitz, Neida Hotel, thought S3O was too much to pay for having his fortune told. He thought even $lO too much. Police held Rose Chappel, 19, of 116 S. Illinois St., the alleged fortune teller, on a vagrancy charge. While the woman was blessing his $175 roll, S3O disappeared, Malwitz said. He forced her to return S2O, but couldn't get the other $lO, he said.

SUICIDE TRIED BY GIRL WHEN MOTHER SCOLDS Despondency Over Love Affair Denied; Expected to Recover. Miss Florence Blacketer, 18, of 2239 N. Capitol Ave., Thursday carried out a threat to commit suicide, frequently repeated when her mother scolded her. Rumors that she was despondent over a love affair were contradicted by the mother, Mrs. Lena Rebholz. “Her sweetheart is in California and they write all the time. She was just mad at me for scolding her,” she said. The girl was taken to city hospital Thursday night. She is reported to be recovering from poison. Hourly Temperatures 6 a. m.... 17 10 a. m 21 7a. m.... 17 11 a. m.... 22 8 am 18 12 (noon).. 24 9 a. m— 19 1 p. m.... 23

Entered as Second-Class Matter at Postoffice, Indianapolis

Rosa Pinchot, Stage Star, Is on Honeymoon

Rosamond Pinchot

PHILADELPHIA. Pa., Jan. 27. Miss Rosamond Pinchot, niece of the former Governor of Pennsylvania, took a brief vacation from the stage today to go on a honeymoon with William Gaston 11, scion of a wealthy Massachusetts family. The actress and Gaston were married secretly at the home of the bride’s father, Amos Pinchot.

VAUDEVILLE MERGER INTO EFFECT TODAY More Than 701) Theaters to Be Booked Through Albee Office. By United Press NEW YORK, Jan. 27. The Keith - Albee - Orpheum merger, which created what is said to be the largest chain of theaters ever brought together, became effective today. Through one office the company will book 700 theater programs, furnishing daily entertainment for 1,500,000 persons in the United States and Canada. The assets of the corporation are $65,000,000. > E. F. Albee, president, who began his career sixty-three years ago as a vaudeville extra at 50 cents a performance, will celebrate his fortieth anniversary this year as a theatrical manager. BANDITS GET $lO5 IN TWO CITY HOLDUPS Grocery Store Robbed of S6O; Loot Laundry Truck. Bandits staged two hold-ups early Thursday night. Loot amounted to $lO5. A Negro asked for a can of milk at the Kroger grocery, 701 Indiana Ave., drew a gun on Andrew Kemp, 24, Y. M. C. A., the manager, and took S6O from the cash register. Kemp said it was the same man who held him up two months ago. Charles T. Ward, 602 N. Gray St., driver for the Crown Laundry, said ne was driving his truck at Bancroft and Michigan Sts., when two men leaped on the running board and ordered him to stop at the next alley. He obeyed their order to lie down in the back of the truck and watched them take $45 from his satchel. TULSA~~GETS AIR MAIL Oklahoma Town Will Have Branch of Kansas City-Texas Line. By Times Special WASHINGTON, Jan. 27.—Tulsa, Okla., will be the next city to get air mail service. Planes will operate from Tulsa to Ponca City, Okla., hooking up there with the Kansas City to Texas air mail route. Service will be instituted as soon as lights for night flying are installed by Department of Commerce. Terre Haute Theater Fails By Times Special TERRE HAUTE, Ind., Jan. 27. The Indiana Theater Company, operating the Indiana Theater here, has filed voluntary bankruptcy proceedings in the local division of Federal Court. Liabilities of $526,548 are listed, with $326,344 assets. MRS. BOYD RESIGNS Kansas Woman Is New Legion Auxiliary Secretary. Resignation of Mrs. Lucy Boyd, Indianapolis, as national secretary of the American Legion Auxiliary was presented to the national executive committee here today. Miss Emma Hadorn, Topeka, Kan., who has been national treasurer, was appointed Mrs. Boyd’s successor. Mrs. Cecelia Wenz, Indianapolis, was made treasurer. Mrs. Boyd will marry Arthur Kresge, of Pittston, Pa., in the spring. The committee voted her a SIOO wedding gift. National President Irene Mclntyre Walbridge named committees and received reports. A special committee was appointed to formulate an active campaign against pacifists in women’s organizations and publica- , tions.

HICKMAN CASE JURY BOX MAY BE FILLED BY NIGHT; SELECTION BEING PUSHED Eleven Temporarily in Box, but Defense Has 20 Peremptory Challenges Left; “Fox” Still Is Disconsolate. LITTLE INTEREST SHOWN BY YOUTH Quiz Reveals Some People in California Have Paid Little Attention to Sensational Kidnaping and Slaying. BY DAN CAMPBELL United Press Stair Correspondent COURT ROOM, LOS ANGELES, Jan. 27. —Possibility that the jury to hear the sanity trial of William Edward liickmau will be completed before nightfall appeared strong as court' opened today. Seven men and four women, accepted tentatively by the defense before adjournment late yesterday, took their places in the jury box. Judge J. J. TrabuccAjl again admonished attorneys to dispense with unnecessary questioning of talesmen and hasten the proceedings as much as possible. The defense seemed satisfied with the eleven before 'court adjourned Thursday. There was possibility that all talesmen would be removed by the State for cause or by peremptory challenge, however.

OPPOSES PAY FOR REMY AID Dunn Fights Fund to Hire Johnson in Jackson Case. Opposition to appropriation of $5,000 by county council for employment cf Emsley W. Johnson to assist William H. Remy in prosecution of Governor Ed Jackson and others indicted in the political probe arose at a meeting of the council today. Paul Dunn, council member, said he would oppose the appropriation, and that of S7BO for political corruption investigation expenses, asserting there’s no reason why Remy has to have a special deputy prosecutor every time he tries a case.” Appropriation items were read today and will be acted upon Saturday. The council is called upon to make appropriations for late 1927 bills not submitted until this year. This involves reappropriation of sums previously appropriated, but which reverted to the county at the close of 1927. Council President George Montgomery indicated he would question the council’s right to approve appropriation of $4,200 asked by Marion County judges to give S6OO salary increase to each of seven bailiffs who now receive SI,BOO per annum. INDIANA ELOPEMENT BROKEN BY DIVORCE Chicago High School Girl Calls Her Mate “Companionate.” By Times Special CHICAGO, Jan. 27.—Elopement to Indiana of two Chicago high school students has ended in a divorce here. Mrs. Elizabeth Murrell, 17, told a court her husband, Harry S. Murrell, 18, had “companionate” tendencies—he visited his parents at Harvey, 111., over week-ends, but refused to take her with him. “I want a husband all the time or not at all. None of your companionate marriages for me,” the young wife declared in court. The Murrells were married at Valparaiso, Ind., last summer and separated early this month. EDUCATOR IS HONORED Engineering Award Is Won by Columbia Professor. By United Press CHICAGO, Jan. 27.—Dr. Michael Pupin, Columbia University professor, has been granted the annual Washington award for outstanding “public and professional devotion” in the engineering field. The award will be presented here Feb. 2. Among the achievements of Dr. Pupin are inventions for rectifying alternating current, rapid X-ray photography and colloraboration in the invention of a submarine detector. CONVENTION IS CLOSED Sheet Metal Men Hold Banquet; Name Officers. Three-day convention of the Sheet Metal and Warm Air Heating Contractors’ Association of Indiana closed Thursday night with a banquet at the Chamber of Commerce. At the closing business session. George Thomas, Indianapolis, was elected president of the Fur-Mets, traveling salesmen’s organization; Harry R. Jones, secretary; John C. Henly, treasurer, and Russell S. Thomson, retiring president, chairman of the board of director. All are Indianapolis men.

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At the opening of court today the State had used one of its twenty peremptory challenges. The defense had used none. The eleven already in the box had/surprised all who heard their answers to questions put to them yesterday by'Jerome Walsh, Kansas City attorney, leading the fight to save Hickman from the gallows. Read Little of Case The revealed that they had read little of the case in the newspapers and had discussed it but casually. Hickman seemed mere sure of himself as he was brought into court for today's session. He did not appear so nervous and gazed more frequently about the ocurtroom while participants were gathering for the legal struggle. Mrs. Edith I. Kreyzer, a young matron, was called to be examined for the twelfth place in the jury box. She appeared unconscious of the responsibility and responded to the questions put to her by Walsh. Mrs. Kreyer, it appeared, had taken little interest in the case and never had expressed an opinion as to Hickman’s guilt or innocence. She was not a radio fan nor had she heard the affair discussed from the pulpit. Defense Challenges The defense shortly exercised its fire peremptory challenge by excusing Mrs. Mary Wheeler, who had been positive that she never had formed an opinion in the case. C. N. Shaffer, an aged man, took her place in the jury box. He caused the courtroom to burst into roars of laughted during his examination. Among other things, the trial developed these facts, according to answers of the jurors: There were certain people in Southern California during the time Hickman was at large who read very little of the case. No Opinion Formed There were others who never formed an opinion as to Hickman’s guilt or innocence, nor his mental condition at the time of the crime. There are people who never read newspaper editorials and husbands and wives who think little of the others’ opinions. In some families, it appeared from the statement of prospective jurors, there was very little discussion of California’s most atrocious murder. These facts were disclosed by Walsh as he read from a long list of questions that encompassed the following: 1. Have you formed or expressed an opinion as to what should be done to Hickman? 2. Have you formed an opinion as to whether he is sane or insane? 3. Have you read about the case in the newspapers, and did • what you read influence you to reach a conclusion about the case? 4. Do you think Hickman should be hanged, regardless of whether he is insane or of sound mental state? 5. Do you think he is pleading insanity as a '“smoke screen,” to save himself from the gallows 6. Were you in the defendant's place, would you be willing to be tried by a juror in the same frame of mind as you are in now? Questioning of the tentative jurors produced both tragic and humorous moments. Frederick Pierce, father of five children and a grandfather, who resides near the spot where the mutilated body of Marion Parker was tossed back to her father for $1,500 ransom, said he had no rignt to sit as a juror. Pierce was excused for cause when he admitted from the box that he was prejudiced. “I believe this boy was sane, but I could not sit in the jury box and be instrumental in sending him to his Pierce declared.