Indianapolis Times, Volume 39, Number 232, Indianapolis, Marion County, 4 February 1928 — Page 1

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SCRIPPS-HOWARD

FINAL PLANS ARE MADE FOR JACKSON TRIAL Attorneys for Both Sides Are Wary in Statements on Preparations. WEEK TO OBTAIN JURY Observers Predict Governor’s Plot Case May Be Over in Two Weeks. Defense and prosecuting attorneys, whose battle to prove the guilt or innocence of Governor Ed .Jackson on bribe conspiracy charges opens Wednesday morning in Marion Criminal Court, were wary in statements today as for the trial neared completion. Prosecutor William H. Remy and his aid, Special Deputy Emsley W. Johnson, expect State’s witnesses to relate conclusively how Jackson carried to former Governor Warren T. McCray an offer of SIO,OOO and immunity from conviction. The offer, the State charges, was made to obtain appointment of James E. McDonald as prosecuting attorney to succeed William P. Evans. Conviction carries a maximum penalty of $5,000 fine and from two to fourteen years’ imprisonment. Special Judge 'Charles M. McCabe of Crawfordsville will preside at the trial. For the first time since the indictments were returned in September, Jackson and his co-defend-ants, County Republican Chairman George V. Coffin and Robert I. Marsh, Jackson’s former law partner, will appear in court for arraignment. Ask Separate Trials They will enter pleas of not guilty to the conspiracy charges, defense counsel said. Judge McCabe formally will sustain motions of Coffin and Marsh for separate trials. The motions have been on file for two weeks. Defense counsel, Louis E. Ewbank, former State Supreme Court judge; Clyde H. Jones and Silac C. Kivitt of Martinsville, have indicated they will battle vigorously for Jackson's acquittal by exhaustive arguments on motions to quash and pleas in abatement. Ewbank today would neither indicate the number nor identity of defense witnesses, nor predict the time the trial probably will last. Belief is general that a week oi more will be consumed in selecting a jury. Once that is done, the State’s case can be presented in two days, Remy declares. If the defense takes an equal or slightly longer interval and rebuttal is completed in a reasonable period, the trial should be concluded within ten days or two weeks, attorneys believe.

State Calls Witnesses State's witnesses named when the indictment was returned are: James W. Noel, attorney for McCray when he was convicted in Federal Court for using the mails to defraud, who is said to have knowledge of the bribery offer. William P. Evans, whose resignation from the prosecutor’s office created the vacancy McCray is alleged lo have been offered a bribe to fill with appointment of McDonald. rifcCra.v, who, the indictment alleges, refused the offer and kept it a secret by fear of threat ,of power held by Jackson, Coffin, Marsh and D. c. Stephenson which might be used to the injury of McCray’s chances for parole. Fred Robinson, former State purchasing agent; Robert Lyons, and Miss Ada Bush, former secretary to McCray, all of whom are said to have knowledge of the alleged offer. Draw Two Special Venires In the jury box for examination when the court convenes at 9:30 a. m. Wednesday will be: Charles E. Bragg, R. R. A; H. O. Hoffman, Bridgeport; Elmer Geiger, Greenwood; Frederick C. Buesking, Cumberland. Ind.; Rex T. Armstrong, Presto-O-Lite Cos.; Orville E. Baker, 315 S. Taft St.; John M. Mendenhall, R. R. O; Samuel H. Colbert, Negro, R. R. F, Box 156; Fred C. Borneman, R. R. J; James H. Barber, R. R. C, Box 453; Walter C. Boetcher, 1142 W. Thirty-Fourth St., and Ira A. Minnick, 3828 Carrollton St. A special venire of fifty will report Wednesday morning. These prospective jurors will be examined for service if a jury is not obtained from the regular court panel. A second special venire of fifty will report Thursday. Coffin and Marsh will be tried as soon as possible after Jackson, State’s attorneys said. I They have not elected which of the two will be tried first. MOLLA PLAYS ELEANOR Mrs. Mallory and Miss Goss in Indoor Tennis Finals. I'll United Press BROOKLYN, Feb. 4.—Mrs. Molla Mallory/ former national champion, was to meet Miss Eleanor Goss in the final round of the Heights Caino annual indoor tennis tournament today.

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The Indianapolis Times I nsettled tonight and Sunday, probably occasional rain; somewhat colder.

VOLUME 39—NUMBER 232

STATE’S ALIENISTS BEAT AT HICKMAN IN S ANITYDEFENSE Plan of The Fox’ to Pull ‘Crazy Stunt’ in Court Revealed by Letter Written to Jail Acquaintances: Laughter Relieves Grim Trial Moments. By DAN CAMPBELL United Press Staff Correspondent LOS ANGELES, Feb. 4.—Using science as a weapon, the State of California today continued its fight to send William Edward Hickman to the gallows for the murder of Marion Parker. In an attempt to refute defense testimony that Hickmajj was insane. District Attorney Asa Keyes was to present six alienists who were to testify that the defendant knew right from wrong. Dr. Cecil Reynolds on the stand when court adjourned yesterday, was to be today’s first witness. Spectators looked forward to his testimony as a weloome relief from the tragic moments of the closing defense evidence, when Hickman’s mother, father and brother testified.

Woof! Meow! fiii Times Special PORTLAND, Ind.. Feb. 4.Sam Barr, living on the Boundary Pike near here, likes dogs and cats in reasonable numbers but when they become so numerous they crowd his cow out of her barn stall, and flock under his house at night, making the sleeping hours hideous with bow-wows and meows, he objects. The Barr home apparently is where motorists desiring to rid themselves of unwanted dogs and cats, decide to cast them upon the’r own.

LEVINE PLANS FLIGHT TO CUBA Atlantic Plane on Runway Ready for Hopoff. By Vnited tress ROOSEVELT FIELD, L. 1., Feb. 4.—The rebuilt Bellanca monoplane, Columbia, in which Charles A. Levine and Clarence Chamberlin flew to Germany, was taken to its position on Roosevelt Field early today preparatory to a flight which probably will end in Cuba. Levine. Miss Mabel 801 l and Wilbur Stultz will be in the plane when the take-off is made. There was some question where the flight would be terminated. The Cuban flight had been planned, but Levine ordered 460 gallons of gasoline installed last night, which indicated a longer flight might be attempted. This will be the first fliglt of the Columbia since it crashed in Rome while Levine was making a tour of Europe.

Opening Markets

E/i tnitnl Press NEW YORK. Feb. 4.—Stock prices were without definite trend at the opening, with leaders showing a tendency to firm up. Immediately after the initial transactions the majority of stocks carried further the selling in progress at the close Friday. Hudson, which gave signs of strength at the outset, was sold down to around 82 as compared with its opening of 84 and its previous close of 82 General Motors sagged U to 133 %, while steel common was depressed to 142%, off Vs net. Radio lost a point net to 98 after opening at 9812. Vanadium Steel was an outstanding feature of strength, selling at 82 Ms up 314 points. Nevada Consolidated Copper also was active and firm, while Montgomery Ward rose a point to 128% and International Nickle to 95%. Rails were heavily sold. B. & O. declined to anew low for the year at 111, while Kansas City Southern lost a point. Nickel Plate rose Vs. Describing the market, the Wall Street Journal’s financial review today said: “Decrease in collateral loans reported by the stock exchange for January had a cheering effect in sentiment and demand for stocks was good at the opening. Many issues showed initial gains and advanced in the early trading. The week-end business reports were good.

In the Stock Market

(Bv Thomson & McKinnon* NEW YORK, Feb. 4—Don’t you think it looked rather cloudy at the close Friday? The bull machine worked fine for a couple of hours during the day, but there was no staying power as of old. The reason is that there was an increasing resistance. It is about time that some of our wise men repeat that once famous, but now* trite phrase* “Don’t be bearish on the United States of America.” We think it must be a couple of months since we last saw it in print. The United States 6f America is all right, but there are some things in it not so good. The stock market gets out of order every so often. We think it is that way now. And it is merely a question of how the individual is committed. If you have a little too much for comfort, don’t hesitate because of our high regard for the United States of America. It is entirely consistent with patriotism as well as with the law to do what the ship captain does when facing a storm. He throws cargo over board

Reynolds brought the first humcr of the trial into the room when he engaged in spirited repartee with Jerome Walsh, chief defense counsel. Attorney and Alienist Clash Laughter followed when Reynolds once asked Walsh if he was referring to "horses, cats or humans" in one of his questions. Walsh countered a moment later by asking Reynolds whether the latter was a “veterinarian or a surgeon.” Dr. Reynolds followed J. C. Sellers, handwriting expert. Sellers was called to identify ransom letters and telegrams sent by Hickman to Perry M. Parker, father of Marion, and to identify a letter alleged to have been written by Hickman to an acquintance in the county jail. The letter, addressed to Dale Budlong. related that Hickman intended to "throw a laughing, screaming, diving act” in court to give weight to the insanity depositions. Hickman declared he intended t™ ask permission of the court to make a statement and that he would “give all that stuff about me wanting to do some good by living.” Plans ‘Crazy Stunt’ "I intend to rap Mr. Keyes and pull something on him in the crazy line,” the letter said. The letter was signed "William Edward Hickman, alias ‘The Fox,’ Ha! Ha! Ha! Ha!” and added a postscript, "You know and I know that I am not insane, however.” Defense attorneys were reported to have been without previous knowledge of the letter. Hickman also was surprised, it was declared, for the letter had warned Budlong "for my sake, tear this up, because it would ruin me if it got out.” The defense completed Its case late yesterday after a 1,000-word hypothetical question which summarized evidence of hereditary insanity, environment, high school activities, the brilliant mind of the slayer and the brutality of his act.

in order to save the ship. If you will just continue the policy of taking advantage of the bulges to lighten up, all will be well in the end. New York Stock Opening —Feb. 4 Am Can 7434 Ain Loco liiVa Am Smelting .!!!!! 174% Am Steel Fdrv 643/, Anaconda 5574 B As O ’n 11 /, Beth Steel 57 c F & I 78% Chgo & Northwestern 82% Chrysler ' 571 1 Cons Gas ' 127% Dodge 19% Famous Players 112'A Fislc Tire \\\\\ lev; Gen Electric 128' 2 Gen Motors 134 Goodrich ’ 93sHudson Motor " 34 Hupp Motors 38 1/2 Kenn Cop 81"Mack 101 VMarland 35V Missouri. Kans & Tex 36 Mont Ward 127 V. N Y Central ........ ISK N Y N H & H 66 Vi Nash 86% Pan Amer Pets E 43% Pure OH .." 20% Packard 53% Phillips 3914 Radio ....’..100% Rem Rand 29 % Real Silk 25 % Rep Iron & Steel '' 63 Sears-Roebuck. ’ 83V So Pac * 118% s o cant : s O N J 39'2 Stew Warner si Studebaker 32 V. Un Carbide & Carbon 140 Union Pac 186 Vi U S Rubber *B% u s steel :::'i43% Willys Over iav. wright ::::::: 8? Yellow Truck 33% New York Curb Opening - -Feb. 4 . Bid- Ask. Humble Oil 63% 64% Continental oil 19% 191/, Imperial Oil of Canada 60% 61 Indiana Pipe Line 75 75% JB* p ete 38% 38% Prairie Oil and Gas 48 48% Prairie Pipe Line 185% 187% S O Indtana 77% 78 S O Kansas 15% ig I 2 Kentucky 124% 125 S O Ohio 74 75% Vacuum Oil 144% 145% Salt Creek Prod 32% 32% Durant Motors, Dela 9% 10% Ford of Canada 526 525 Stutz Motors 15% 1534 Cities Service com 55 55% Marmon 40 42 Am Rolling Mills 103% 104 GUARD, PRISONER KILLED I!II Inited Press TRENTON, N. J., Feb. 4.— A State prison guar dand a prisoner were shot and killed early today as the result of an attempt by two prisoners, armed with automatic pistols, to escape from the State prison here. The prisoners attempted to force open a locked door and were detected by Guard Kenny. They shot and killed him. The shot wa shear by another guard, who fired at the prisoners, killing one of therm • The other prisoner surrendered. __ _

INDIANAPOLIS, SATURDAY, FEB. 4, 1928

HOLD OIL KING PRISONER FOR SENATE QUIZ Robert Stewart Arrested for New Grilling by Dawes Today. OBSTINATE ON STAND Refuses to Reveal Details of Big Coup, Despite Jail Threat. BY PALL R. MALLON United Press Stall Correspondent WASHINGTON, Feb. 4—Under arrest in a five-room suite of an exclusive Washington hotel, Col. Robert W. Stewart, designated as the “best trader in the oil business,-” prepared today to face a court of ninety-six United States Senators for failing to tell all about his 1921 oil deal with Harry Sinclair. The wealthy prisoner of the Senate breakfasted with a deputy ser-geant-at-arms and talked with his attorneys about possible legal steps to defend himself against "incarceration in a common jail.” which the law provides for witnesses obstinate in refusal. • Unless Stewart applies to a Federal court for a writ of habeas corpus, he will be haled before the bar of the Senate at noon and Vice President Dawes will ask him the same questions he declined to answer when he was on the stand before the Teapot Dome committee Thursday and Friday. May Answer Questions The United Press was informed that Stewart may answer the desired questions and tell all he knows about the deal if the Senate requires it. His attorneys are understood to have advised him to seek a stay in the courts, but he has indicated he may not follow their advice. While lie pondered the question in his case—the first of its kind to arise in Just this fashion in nearly sixty years—his former friend, Sinclair, once the greatesT Slßgle In~ fluence in the oil business, paced the floor of his suite in another hotel a few blocks away, waiting to face the district court in contempt proceedings, brought against him in connection with jury-tampering charges. Stewart and Sinclair together guaranteed the mysteriously organized Continental Trading Company in a $50,000,000 oil deal shortly after President Harding was elected. Their companies bought from the mysterious concern several million barrels of oil at a price 25 cents higher than the Continental paid for it

Fall Profited by Deal The Teapot Dome Committee has learned that Sinclair gave former Secretary of Interior Fall $233,000 in bonds from the $3,000,000 profits of the Continental company. They want to know where the rest of the profits went—particularly whether they went to any political party or public official. Stewart, chairman of the board of the Standard Oil Company of Indiana, has declined to tell the committee if he knows any one to whom those bonds went. All Stewart would say was that he never made a dollar personally out of the strange deal, and that he never gave any bonds to any political party or public official. The Senate committee members publicly have stated they think Stewart knows more about the deal than he has told. Rumors have spread that the profits went to certain prominent persons. Sought for Three Years Stewart had been wanted as a witness for three years. Three others who might tell of the deal have fled to Europe, Now the public lands committee thinks it can force Stewart to talk or send him to jail. By unanimous consent the committee decided to cite Stewart to the Senate late yesterday for his refusal to answer its questions. If Stewart persists in his refusal, the Senate may hold him in contempt and send him to jail for at least one year and perhaps longer. In recent years it has been the custom to cite obstinate witnesses for grand jury action through the Federal courts. This procedure has been found to be tedious. Sinclair himself now is appealing a court sentence of three months in jail for questions he refused to answer befor the Teapot committee four years ago.* CITY EXPENSES DROP January General Fund Expenditures $78,000 Less Than Year Ago. City general fund expenditures for January amounted to $235,888, a decrease of $78,000 under January, 1927, City Controller Sterling R. Holt said today. License fees for January netted $120,333, an increase of $26,000 over January, 1927. Hourly Temperatures 6 a. m 47 8 a. m 45 7 a. m 43 9 a. m 45 10 a. m 46

‘Lindy, * Ace of Aces, 26 Today

*

Flier More Concerned as to Visibility and Plane Than Anniversary. (Lindy’s life history on Page Three) Eii I nit id Press SAN JUAN, Porto Rico. Feb. 4. The world's most famous youth. Colonel Charles A. Lindbergh, today prepared to continue making history of the air and of good will on his twenty-sixth birthday anniversary. The young aerial ambassador, whose twenty-fifth year has been one of dazzling adventure in promotion of aviation, planned to take off in his Spirit of St. Louis today for a flight to San Domingo, in an extension of his good-will cruise to the Pan-American countries. He seemed far more concerned with the skies, the visibility and the condition of his airplane, with which he flew to undying fame this last .year, than he did with the fact that he had reached another milestone in life.

Win a Prize The “Gorilla” subtitle contest opens Monday in The Indianapolis Times. One picture will be printed each day next week from scenes in the “Gorilla,” the super-pro-duction which opens Feb. 11 at the Indiana Theater. Contestants are asked to write short and humorous subtitles for each picture. An explanation of the scene will be printed below each picture. Literary ability, long words, and a command of English are not required. Only your own ideas count. Seventeen prizes will be awarded daily. Frist prize is $7.50; second, $5; third, five awards of $1 each; and fourth, ten awards of pair of tickets to the Indiana Theater. In addition to the daily awards will be three grand prizes at the end of the contest. First is $25; second, sls; and third. $5. The contest is open to everyone except employes of the Indiana Theater, First National Pictures, and The Indianapolis Times. Watch Monday's Times for the first pictures.

GANG OF YEGGS RAIDS 13 PLACES, ESCAPES POLICE IN WILD NIGHT AUTO RACE

CHAMBERLIN PLANE WRECKED IN CRASH

ALL LIVESTOCK SHOWS STEADY TONE IN MART Porker Top Down 5 Cents at 58.60; Receipts Normal at Yards. The tone was generally steady as the local livestock market closed the wek today. Porkers were selling at $8.60 for the best, off 5 cents on the hundredweight. Receipts were about 4,500, according to early estimates. Other divisions were steady and receipts up to the average for a Saturday. Traders on the Chicago market were asking steady prices in a slow I opening. Animals weighing 160-210 I pounds brought [email protected]. Re- | ceipts were about 14,000. SLACK CALLS IN AIDS Department Heads in First Formal Parley With Mayor. City department heads met with Mayor L. Ert Slack today in the first formal conference of the Slack administration. Frequent conferences have been held with department heads but this is the first time all city executives have been called into conference. Slack said only routine matters were discussed. SCHOOL BUILDING AFIRE Fight to Save $75,090 Sharpsville Structure Appears Hopeless. Eii t nit id Err** TIPTON, Ind., Feb. 4.—The $75,000 high school building at Sharpsville, ten miles north of here, was threatened with destruction by fire today. All available fire apparatus in Tipton was sent to Sharpsville to assist in fighting the blaze and reports from the town said there appeared to be .no hope of saving the school. The flames had not reached the gymnasium, an annex to the building proper, and efforts were being made to save it*

Entered as Second-Class Matter at Postoffiee, Indianapolis

Flier and Co-Pilot Escape Injury at Endurance Test Start. Bit l nitrd Pres* RICHMOND. Va„ Feb. 4.—Clari ence Chamberlin, noted flier, completely wrecked his Marline-3ei-lanca plane here early today in attempting to take off on a flight to break the world endurance record. He was burned slightly on one hand, but otherwise he and his co-pilot, Rorges Williams, were uninjured. The plane, heavily loaded with gasoline under plans to stay aloft sixty hours' or more, started down the runway at Byrd field soon after dawn, against an unfavorable wind. It traveled 700 feet before it slowly rose, with Chamberlin at the controls. When it reached an altitude of fifty feet, the right wingdipped, plunging the craft into a ditch. The landing gear snapped off, the right wing and cabin were broken, and the oil tanks split, flooding the ditch with oil. Spectators ran to the scene, fearing the plane would ignite. They saw Chamberlin emerge from the cabin, smiling. Not until later did he notice the bum on his hand, received when he grasped an exhaust pipe after the fall. He was given first aid treatment. A. R. Martine, New York, backer of the flight, said the fliers would remain here temporarily, superintending salvage of the plane. He said the endurance attempt would be made again, with anew plane. He said the accident was blamable on neither the pilots nor the machine. He lauded Chamberlain for “taking a chance” against the “down wind,” which he knew might bring disaster. Chamberlin said the runway was too short to permit him to get into the air with flying speed. Smoker in Bed Dies Bii Times Soccial INDIANA HARBOR. Feb. 4. John Danilla, 48, is dead as a result of smoking cigarets in bed at his home. When firemen entered the burning house they found Danilla’s body in a sitting position on the bed. _

NOON

Outside Marion County 3 Ceuta

TWO CENTS

Nine Filling Stations and Four Drug Stores Are Entered by Band. $250 IS TOTAL OF LOOT, 1 Thugs in Stolen Car Evade Pursuers, Traveling at 65-Mile Clip. BULLETIN The automobile used by the yeggs was found by Patrolman Bertram Walker this morning near the north gate of Indiana Woman’s Prison, E. Michigan St. Using a high-speed stolen auto* mobile, three yeggs raided nine filling stations and four drug stores between midnight and 4 a. m. today and escaped from police, after a. speed contest in which the police machine, traveling sixty-five miles an hour was outdistanced. The burglars, seen three times during their hours of activity, left behind only one clew, a bloodstained handkerchief. 1 In nearly all the raids the yeggs battered the combination from the safe in the gas station or drug store, but in several cases were unable to open the inner door. They obtained no loot in four of the robberies and their total haul did not amount to more than $250, it is believed. Sight Yeggs’ Car Sergt. Orel Chitwood and squad in one of the police night-riding autos, sighted the yeggs’ car speeding along without lights near FortySixth St. and College Ave. They evidently had just left the Mueller-Richart drug store, at that corner, where they took $4.50 from the cash register. The police machine started in pursuit at sixty-five miles an hour, bu the robbers' auto rapidly pulled away and last was seen five blocks ahead. Police said the auto, a Stutz, was stolen from in front of the home of George Spindler, 3650 Washington Blvd., earlier in the night. Police Arc Called Oscar Bowman, 1449 Montcalm St., first called police attention to the raiders at 1 a. m. He saw the bandit auto parked in the Western Oil Company filling station at Keystone and Southeastern Aves. Bowman drove to another filling station and called police. When he returned, the machine was gone. Police found a piece of window glass had been broken out near the lock and the safe combination battered off, but the safe was not entered, and the burglars got nothing. Apparently the work of the gang, police later found that glass had been cut near a window lock at the Western Oil Company filling station, Madison Ave. and Pleasant Run Pkwy. The combination also was battered from the safe, but the safe not opened. An attempt to get in the Standard Oil Company station on an opposite corner failed, police said. Get First Loot The thieves got their first loot at the Western Oil Company station, Forty-Sixth and Illinois Sts. Foiting open the safe, they obtained $25 and S6O in coupon books and personal insurance papers of Attendant Roy Mongel. At a station of the same company at Morris St. and Belmont Ave. they got $35. after battering open the safe and looting the cash register. They bi-oke into another Western Off filling station at Thir-ty-Eighth St. and Fall Creek Blvd., but satisfied themselves with taking fourteen gallons of gasoline and a can of grease.

At the Western Oil stations at Pershing Avc. and Sixteenth St. and Harding St, and Burdsal Pkwy., combinations were battered from the safes, but attendants were unable to tell amount of the loot. Nothing was taken from the same company's station at Kenwood Ave. and Thirty-Eighth St., but the combination was torn from the safe. Find Clew at Drug Store I Police found their bloody handkerchief clew -at the Charles Binkley drug store, 5902 College Ave. One of the burglars cut his hand breaking the window. Ten dollars was taken from the cash register and the safe was battered, “ but not opened. George Clark. 625 E. Fifty-Ninth St., said he saw the three burglars as they left in a “large car.” At the Edgar Arn drug store, 5070 E. Tenth St., $25 in cash ancl $25 worth of cigarets, cigars and j tolict water was taken. The sale combination was battered Off at the Judson Clark drug store, 3401 W. Michigan t. Four dollars was taken from a postoffice substation drawer, and some merchandise. Fire Damages Factory Bn Times (jvecial BLOOMINGTON, Ind., Feb. 4. Damages of $15,000 to $20,000 was caused by fire in the finishing room of Plant 2, Showers Brothers Furniture Factory Friday. Water used in extinguishing the flames ruined much ffriished furniture.