Indianapolis Times, Volume 39, Number 240, Indianapolis, Marion County, 14 February 1928 — Page 1

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SCRIPPS-HOWARD

Steve Strikes Variety of Attitudes as Witness in Jackson Trial

GOVERNOR pT'IWELL WITH STEPHENSON LOOKED up nhk* SHARPIV- I jSTePHETNSON I \HIM *QR HE ' at THE EMPTY gallery Isszmp TIRED AND \WITH EASF 1 ~] AND SMILED APPROVINGLY ‘ TIMES CONTENTMENT u^

“WE W Col. Chas. A. LINDBERGH’S Own Life Story Copyright, 19:17, Chas. A. Lindbergh.

THE STORY SO FAR Charles A. Undbergh was born In Detroit, Mich., Feb. 4, 1902, and received an irregular education in schools over the United States. He entered the University of Wisconsin and became interested in aviation. He saw his first airplane In 1912 and was fascinated. His chief interest at Wisconsin was shooting and riding his motorcycle. He left Wisconsin to enter a flying school at Lincoln, Neb. Entered “barnstorming” eepeilition and learned wingwalking art. Lindy made his first parachute jump and later was a parachute jumper with the barnstorming outfit. CHAPITER n SINCE I had first started flying at Lincoln, the year before, I had held an ambition to own an airplane of my own. So, when I took my last flight with Lynch in Montana, and started down the Yellowstone, I had decided that the next spring I would be flying my own ship. Consequently, when April arrived, I left Miami and went to Americus, Ga„ where the Government had auctioned off a large number of “Jennies,” as we called certain wartime training planes. I bought one of these ships with p new Curtis OX-5 motor and full equipment for SSOO. They had cost the Government nearly twice as many thousands, but at the close of the war the surplus planes were sold for what they would bring, and the training fields were abandoned. Americus, Ga., was a typical example of this. The planes had been auctioned for as little as SSO ap ; ece the year before. A few days after I arrived the last officer left the post and it took its piece among the phantom airports of the war. I lived alone on the post during the two weeks my plane was being assembled, sometimes sleeping in one of the twelve remaining hangars and sometimes in one of the barracks buildings. One afternoon a visiting plane arrived and Reese stepped out of the cockpit. I had not heard .from him since we had traded planes in Montana, and he stayed with me on the post that night while we exchanged experiences of the previous year. One of the interesting facts bearing on the life of aviators is that they rarely lose track of one another permanently. Distance means little to the pilot, and there is always someone dropping in from somewhere who knows all the various fliers in his section of the country and who is willing to sit down and do a little “ground flying” with the local pilots. In this way intimate contact is continually established throughout the clan. (“Ground flying” is the term used to designate the exchange of flying experiences among airmen.) I had not soloed up to the time I bought my Jenny at Americus, although at that time the fact was strictly confidential. After my training at Lincoln I had not been able to furnish the required bond, and, although I had done a little flying on cross-coun-try trips with Bahl and Lynch, I had never been up in a plane alone. Therefore, when my Jenny was completely assembled and ready to fly, I was undecided as to the best method of procedure. No one on the field knew that I had never soloed. I had not been in a plane for six months; but I did not have sufficient money to pay for more instruction, so one day I taxied to one end of the field, opened the throttle and started to take off. When the plane was about four feet off the ground the right wing began to drop, so I decided that it was time to make a landing. I accomplished this on one wheel and on# wing skid, but without doing any damage to the ship. I noticed that the wind was (Turn to Page 7J,

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The Indianapolis Times Rain early tonight, followed by partly cloudy weatli er over Wednesday; colder, lowest temperature tonight about freezing.

VOLUME 39-NUMBER 240

HICKMAN IS SENTENCED TO DIE ON GALLOWS APRIL 27; DEFENSE LOSES ALL PLEAS ‘Fox’ Not Surprised at Imposition of Extreme Penalty; Tells Guard He Expected to Get Death. By United Press COURTROOM, Los Angeles, Feb. 14.—William Edward Hickman today was sentenced to be hanged Friday, April 27, for the murder of Marion Parker, 12-year-old Los Angeles school girl. The death penalty was imposed by Judge J. J. Trabuceo in Superior Court after he had overruled the motion of Jerome Walsh, attorney for the defense, for anew trial. The extreme penalty was no surprise to Hickman. As li£ entered the courtroom for the brief session he told the guard, “I know that I’m going tq get the noose.” After Judge Trabuceo overruled the motion for anew trial, the defense made various other moves to delay the sentence, but all were overruled.

Before imposing the death j sentence, the court also sen-! fenced Hickman to imprisonment for the kidnaping of Marion Parker, No term of years was fixed on the kidnaping charge, the court assuming the death sentence would eliminate the necessity of stating a term of years. Hickman Stands Rigid Hickman stood rigidly at attention, his knees pressed tightly together, as he listened to the death sentence. His hands were held stiffly at his side and his head was erect. His face was dead’y pale. “The Fox” never flinched and his pallid face did not reveal a sign of emotion. Judge Trabuceo was affected as he sternly pronounced the death penalty. He did not use the words “hang by the neck until dead,” and his voice died to a monotone as he concluded his brief statement with the words, “May God have mercy on your soul.” Poses With Smile Hickman was hurried from the courtroom, but was returned a few minutes later to have his picture taken. He appeared unaffected and posed with a smile. Defense Attorney Richard Cantillon told the United Press that the defense would exercise its right to file an appeal to the Supreme Court two days after sentence is passed. Cantillon said the appeal probably would not be filed before Thursday. Hickman probably will be taken to San Quentin penitentiary within a few days, there to await outcome of his attorneys’ fight to save him through action of high courts. The possible appeal to the United States Court, Cantillon explained, would be made on the contention that Hickman is being deprived of liberty and life without due process of law, because he never was convicted of the crime with which he was charged. Hickman pleaded “not guilty” by reason of insanity” and the court ruled the plea admitted the, crime. Thus the jury was called upon to rule ons; on whether Hickman was sane when he kidnaped and murdered Marion. PICK COPS’ FUND HEADS Lieut. Edward Helm and Sergt. John Wilson on Pension Board. Lieut. Edward Helm was re-elected to the police pension fund board at an election at police headquarters Monday, Capt. O. D. Thomas, fund secretary, announced today. Helm received 102 votes. Sergt. John L. Wilson, with 114 votes was elected to the board to succeed Detective Donald Tooley.

PUSH BONDSMEN WAR Police Face Charges If Aid Is Given Professionals. Police Chief Claude M. Worley today issued a bulletin to all police officers warning that anyone guilty of “collusion” with professional bondsmen would be taken before the board of safety on charges of insubordination. Any policeman who talks to bondsmen and gives them any information, particularly any information on arrests, will be consiuered in violation of the order, Worley said. Today’s order is a sequel to the decree last week of Worley and. municipal judges that no person whose bond has been set at over SSOO shall be released from city prison unless the police captain on duty or one of the judges approve the bond. TWO BOYS ARE MISSING John Guffey, 16, and Joseph Wickham, 12, Are Sought. Police have been asked to search for John Guffey, 16. of 1131 Churchman Ave. A brother reported he has not been seen since Sunday. Friday, police were asked to send him to the Indiana Boys’ School at Plainfield. Joseph Wickham, 12, 938 Fletcher Ave., left for school, Monday, but did not arrive there, his mother reported. FIRMS INCORPORATED Newton Optical, Commercial Garage File Papers. Newton Optical Company, Indianapolis, filed incorporation papers with Secretary of State Frederick E. Schortemeier today. Capital stock was given as $50,000 and incorporators are Walter J. Hubbard. Jr., Frank C. Bott and Charles F. Arensman. They will manufacture and sell optical goods. The Commercial Garage Company was incorporated with SIO,OOO capital by Charles M. and Elmer W. Roesner and William L. Betz.

“Age of Thirty Is Love’s Deadline!” DURANT READ WHAT George G. Nathan, Irvin Cobb, Ring Lardner, Elsie Janis, Rupert Hughes, George Ade, THESE WRITERS Fontaine Fox, Dr. George A. Dorsey, Dr. Arthur Frank Payne, H. L. Mencken, Fanny HAVE TO SAY : Ward, Bud Fisher. Mabel Herbert Frner, Montague Glass, Charles G. Shaw, Angelo Patri. Replies of the Country 's Wits Start in The Times, Monday, Feb. 20 A

INDIANAPOLIS, TUESDAY, FEB. 14,1928

The Limit Bu United Press CHICAGO. Feb. 14. —Jim Russo had a toothache, but he could stand that. He drank a lot of wine, according to his wife, but he could stand that, too. When three relatives of Mrs. Russo offered advice he couldn’t stand that. James Ribando, Mrs. Hannah Schirabba and Joseph Schirabba suffered flesh wounds.

SIFT SINCLAIR’S PART IN DEFICIT I Democrats Summoned to Explain Party Funth By United Press WASHINGTON, Feb. 14.—Prominent members of the Democratic party will be summoned by the Senate Teapot Dome committee to tell how the party's 1920 presidential campaign deficit was reduced $400,000 by 1924, Chairman Nye of the committee said today. Nye said, there had been no public record of the source of the $400,000. He recalled that in 1923 Harry F. I Sinclair, oil millionaire, testified he had contributed in 1922 to the cam- i paign funds of both parties. “We want to learn whether Sinclair gave the Democrats any Liberty Bond profits of the mysterious Continental Trading Company deal of 1921,” he said. “We have evidence that he gave such bonds to the Republicans and we plan to subpoena Democratic lr :ders as well.” Subpoenas N r officials of Potter and Cos.. New York brokers who handled some of the bonds Sinclair donated to the Republican national committee, were issued today by the committee. These officials wall be the only witnesses when the committee resumes its hearings Thursday, Nye said. FEAR FOUL PLAY DEATH Relatives of Missing Covington Man Worried—Reward Posted. By Times Special COVINGTON, Ind., Feb. 14.—A SIOO reward is offered here by Sheriff Charles Robinson for information regarding whereabouts” of Isaac N. Tharp, 60, well_to-do machine shop operator, missing since Saturday night. Tharp's abandoned automobile was found on the Danville Rd. early Sunday. Fear that Tharp Is the victim of foul play is expressed by relatives. A nephew, who told authorities that his uncle was eccentric in some ways, said he always took a large sum of money with him in a cigar box when making an automobile trip. HILL’S FATE NEAR JURY Charge by Judge Expected to Be Completed by 3 P. M. By United Press OTTAWA, 111., Feb. 14.—The defense executed a coup in the Harry Hill trial today by waiving its final arguments, thus preventing A. J. O’Connor, special prosecutor from making a final argument for the State. When the defense waived its argument, court immediately was adjourned until 1:30, when the judge charged the jury. The case was expected to be in ! the jury’s hands by 3.

FOES SEEK TO PLACE HOOVER IN FLOOD‘IAM’ ♦ Willis, Ohio Rival, Forces Through Call to Testify on River Control. By United Press WASHINGTON. Feb. 14. The Senate Commerce Committee voted today to call Secretary of Commerce 1 Hoover to give his views on flood control. •The vote to summon him was regarded generally as a political move. Hoover’s opponents desire to place him on record either for or against President Coolidge’s ' plan for the affected States to share part of the I burden of flood relief costs. Chairman Jones said no record vote was taken, but the decision of the committee was reached after heated discussion lasting more than an hour. Senator Willis, “favorite son” candidate for Ohio delegates to the Kansas City convention, favored the move. He and Senator Hawes (Deni.), Missouri, led the fight to call Hoover. Hoover’s friends contend the move was designed to embarrass him. They say if he stands by Mr. Coolidge’s plan of compelling the flood States to pay part of control construction costs he will cause antagonism among his followers in the Mississippi valley. Opposition Either Way On the other hand, if he opposes the President’s plan, he may invoke Administration opposition. Jones, who is said to have been disinclined to call Hoover, declared the committee desired to examine him on all phases of flood control. Committee members did not say what specific questions they intended to ask him, Jones added. Those in favor of calling Hoover argued that he Is an engineer of world-wide reputation and that he was Intimately connected with flood relief work. Willis was at the commerce committee when word came that Maurice Maschke, Republican national committeman of Ohio, has deserted the Willis camp and decided to support Hoover. He declined to comment until he could Inspect the Maschke statement, and after reading it further declined. Blow to Willis The switch of Maschke was regarded in political circles here as a tremendous blow to the Willis candidacy in the bitter fight developing between him and Hoover for the Ohio delegation. The change may bring six more delegates from the Cleveland district into the Hoover camp, it is said. This, added to the nine which Hoover’s friends expect from the Cincinnati district, would give Hoover fifteen of the fifty-one Ohio delegates at the start. Willis forced the commerce committee to call Hoover with the aid of one other Republican, Johnson, of California and four Democrats. Four Republicans and two Democrats voted against calling Hoover. Whether Hoover will appear for questioning by Willis and his other opponents is a matter lor conjecture. He is on his way South for a fishing trip.

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Ours Is Ours And Try and Get Yours, Is Councilmen Stand on Pay Checks.

Republican city councilmen, who declared Ira M. Holmes “legal and rightful mayor,” by councilmanic resolution, will not question the authority of Mayor L. Ert Slack to Issue their pay checks. County Treasurer Clyde E. Robinson was mandated to pay city checks signed by Sterling R. Holt, Slack’s controller. Council majority ordered City Clerk William A. Boyce, Jr., to give all ordinances and resolutions to Holmes for signature, resulting in a tie-up of $125,000 health board loan needed to meet the Feb. 15 pay roll. They did it to “help clarify the mayoralty situation,” they told reporters. But councilmen will not insist a controller named by the “legal and rightful mayor” sign their $25 pay checks Wednesday. n a a “TT7ELL, I think I’ll accept VV mine, regardless of who signed it," said Bonyton J. Moore, south side councilman. Walter Dorsett, Republican, who introduced the resolution declaring Holmes mayor, said he had not considered refusal of his semimonthly pay check because it has the signature of Slack’s appointee. “I’m going to get my check. I don’t care whose name it carries.” Austin H. Todd said. Council President Otis E. Bartholomew, Claude E. Negley and O. Ray Albertson, other Republicans, are expected to accept their pay as “city da’ds.” DIES AT STATEHOUSE Lin Wilson, Agriculture Board Member, Is Stricken. Striking his head on a post as he daggered and fell int the corridor leading from the east entrance of the Statehouse this morning, Lin Wilson, member of the State board of agriculture for eight years, died as the result of an attack of apoplexy. Mr. Wilson, a Republican, had complained to Albert Fowler and Elmer Vrooman, deputy State fire marshals, that he was not feeling well when he rode with them on an interurbam from Falrmount earlier in the morning. He . was more than 60 years old. Max Reiswerg, one of the Statehouse janitors, brought him two drinks of water, but Mr. Wilson died before Dr. H. W. McKane of the State board of health office could reach his side. Mr. Wilson, who lived on a farm near Jonesboro, Is survived by the widow and two children, Hubert, living at home, and Mrs. Emery Adams, living near the Wilson farm. SCHOOL SITE SOUGHT Commissioners Take Up Broad Ripple Project Tonight. Selection of a Broad Ripple grade school site will be discussed by Indianapolis school commissioners tonight. Little other business is scheduled. Hourly Temperatures 6a. m.... 45 10 a. m.... 42 7a. m.... 45 11 a. m.... 40 Ba. m.... 44 12 (noon).. 39 9 a. m.... 43 1 p. m.... 40

STEPHENSON STUBBORN ON STAND; REFUSES ANSWERS TO QUESTIONS BY STATE Lifer Balks at Testifying, Pending Chance toi Consult His Attorneys; Proceedings Held Up for Hour. - WITNESS AND JUDGE IN CLASHES McCabe “Calls” Former Dragon for His Attitude; Fred Robinson Called * to Tell Story. Changed overnight from a witness apparently ready to tell what lie knew into a stubborn prisoner, resisting every effort to draw his story from him, D. C. Stephenson, life termer, delayed the trial of Governor Ed Jackson for an hour and a half today. After this period of harangue, conferences outside the courtroom, and tense legal drama, the court and attorneys gave up trying to make Stephenson talk and sent him to the grand jury room to confer until this afternoon with his attorneys. Just before court adjourned at noon, Attorney Lloyd O* Hill announced that Stephenson would testify freely this afternoon. Stephenson was taken to county jail for lunch. Meanwhile, the State put Fred Robinson, former State purchasing agent, on the stand as its second witness and immediately the same bitter fight to block his testimony which was waged on Stephenson Monday afternoon by the defense was begun all over.

Jackson is being tried on a charge that he conspired with George V.. Coffin, Republican county chairman, and Robert I. Marsh, attorney, to bribe former Governor Warren T. McCray to name a prosecuting attorney favorable to the politicians in December, IJ>23. Robinson is said by tie Stale to have been the first man to carry the bribe offer to McCray from Jackson. He had no more than described his “lifelong friendship with McCray than .he defense pounced upon State questions designed to bring out descriptions of the conference in Jackson’s office. Jackson then was secretary of State, at which Robison was directed to go to McCray with the alleged bribe offer. Argue Over Limitation A long argument over whether the statute of limitation# ruled out this testimony and whether it ouched upon the vital point of alleged concealmeent of the offense ensued, ’"he court finally ruled in favor of the State and Robinson related in detail what happened. The wiggling of Stephenson and his attorneys to keep from testifying and yet not avowedly refuse to testify furnished spectators with a courtroom drama seldom seen here. Here was a witness practically defying a judge to make him talk and the judge powerless to handle him, because Stephenson already is serving a life term and the court could impose no greater punishment. Steve Seeks Counsel When court opened, Judge McCabe overruled the defense objection to Stephenson answering State qustions, which had precipitated a long argument Monday and necessitated the prisoner remaining in Indianapolis all night. Stephenson took the stand and immediately turned to the bench and said: “Before I testify I’d like to consult with my attorney, if I may. I saw him in the hall.” Clarence Benadum of Muncie, one of Stephenson’s numerous lawyers, had tried to see Stephenson while he was held in the grand jury room upstairs and had nodded to the prisoner as he was brought to the courtroom. Talks With Benadum “You are apprised of your constitutional privileges, aren’t you?” Judge McCabe asked. “Do you mean, do I know what they are or have I been advised?” Stephenson asked. The court then directed that the prison guards be called and Stephenson be allowed to consult Benadum. The guards took Stephenson, Benadum, Deputy Prosecutor Williwa H. Sheaffer and Grand Juror E. J. Gausepohl to a room back of the judge’s bench. While they were gone, Juror Everett McClain asked the judge to have the witness chair moved back so the court reporter did not obscure the jury’s view and to require Stephenson to face the jury when talking so the jurors could “look him in the eye.” The court promised to do this. Again Wants Advice Five minutes passed and the judge directed Bailiff Clarence Clegg to notify Stephenson he had long enough time and return him to the witness chair. When Stephenson returned, he desired to confer with Hill, who was not present. The judge told him again the thing for him to do was to testify or refuse to on constitutional grounds. Stephenson courteously said he was aware of his alternative, but desired to consult with the other attorney before com~iifti r '~ himself. The court permitted Stephenson

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and Benadum and the guards to go out again. After five minutes he sent Clegg after them. The court repeated the alternative to Stephenson. Steve Is Rebuked The prisoner said heatedly: “That forces me to choose on a basis that has nothing to do with my testimony.” McCabe rapped with his gavel and said: “I don’t want any speech out of you, Mr. Stephenson,” and repeated the alternative. Benadum stepped up and interrupted. He said Stephenson knew nothing about his cases pending in Supreme Court. "Wait,” admonished Judge McCabe. “You’ve said enough,” then turning to Stephenson: “I want to accord you every privilege, but I do not want a speech.” Prosecutor William H. Remy interposed: “I want to ask Mr. Benadum if he knows that Stephenson already has testified under oath?” Defense Sustained Defense attorneys jumped up and objected. They were sustained. Benadum said he wanted to answer Remy’s question. The judge refused permissiorS The question which started the row Monday then was repeated to Stephenson. He w r as asked whether he had talked to Jackson or George V. Coffin about the resignation of William P. Evans as prosecutor in 1923. For more than a minute Stephenson sat silent. “That can be answered ‘yes’ or ‘no,’ ” Remy said. Stephenson turned to the court and said: “I can’t answer that question without advice from my attorneys.” The judge: “Mr. Stephenson, you are no different from any other witness who comes into the courtroom. No advice is needed. The court will protect you in your rights.” Files Out With Judge Stephenson: “The court apparently does not understand my situation.” McCabe: “I do, and I believa everyone in the State of Indiana does.” Stephenson: “I hope so and I’d like to be able to make a statement to you privately.” McCabe: “I am sure none ia necessary, but I could go out in the other room with you.” Stephenson and the judge went out, the prisoner saying: “I’ll be glad to.” Hill on Way Stephenson and the judge came from the conference five mmutea later and Stephenson announced to the court that Hill was on his way to the courtroom. Judge McCabe then asked Special Prosecutor Emsley Johnson if the, State could put some other witness on the stand. Johnson replied the State had planned “to use” Stephenson all morning and that there were no other State witnesses there. Detective Harry McGlenn then announced Hill’s arrival outside tbo court room, but search failed to reveal him. Sheriff Omer Hawkins was sent to aid in the search for Hill while Stephenson waited in the ante-room. Asked whether the State’s case would be crippled if Stephenson eventually refused to testify, Prosecutor Remy said: “I have other witnesses who neither have appendicitis nor who will refuse to testify.” Confers With Hill Hill finally arrived and the judge sent Stephenson to the grand jury room to talk with Hill, and Attorneys Benadum and Paul Newman. Mrs. Martha Dickinson of Seymour, who held r' wer of attorney for me -ths during "is politic?.! ccvrr-'Vo-f r.;r‘ ’ r husband, watched for an opp&t.i-