Indianapolis Times, Volume 39, Number 242, Indianapolis, Marion County, 16 February 1928 — Page 1

SCRIPPS. HOWARD

JACKSON MAY BE FREED TODAY

2 SLAIN OFFICERS’ BODIES DISCOVERED IN BRUSH PILE NEAR WARREN COUNTY TOWN Ghastly Find Ends Nine-Day Search for Deputy Sheriffs Grove and McClure of Lafayette. CLEWS TO KILLER-PRISONERS FAIL s Reports of Arrest in Various Cities of John Burns and Samuel Baxter Mark Nation-Wide Hunt. Bu Timet Special FOSTER, Ind., Feb. 16.—Bodies of John P. Grove and Wallace McClure, missing Tippecanoe County deputy sheriffs, were found today in a brush pile a quarter of a mile south of this little Warren County town. The officers had been slain, but details of how the killing was done were not revealed by authorities, who refused to per,mit any one to view the bodies, pending arrival of the Fountain County coroner. * Over Ihe bodies was spread a robe which was in Grove’s automobile a week ago Tuesday when he and his fellow officer started for the Indiana Reformatory at Pendleton to deliver John Burns and Samuel Baxter, young bandits, sentenced to five to twenty-one-year terms.

in the reformatory. Charles Abdill found the dead men while hunting for a cow on his farm. He notified Police Chief Charles E. Ray of Covington, who, with Isaac Clawson of the same city, took charge of the bodies, which lay side by side. Pip** Ray refused to permit any examination. Ohio Clew Weakens Bn Times Special ST. CLAIRSVILLE, Ohio, Feb. 16. —Two youths captured here Tuesday in the belief that they were John Burns and Samuel Baxter, missing for nine days, as have been two Tippecanoe County deputy sheriffs, are not the wanted two, it appeared certain today. While Sheriff C. G. Hardesty refused comment, it was said that fingerprints of the prisoners and those of Burns' and Baxter do not .agree. In addition, the two have been partially identified as residents of Youngstown, Ohio, missing since Sunday. Many Reports Made B,y United Tress " LAFAYETTE, Ind., Feb. 16.—Reports continued to pour in from all over the United States today, that men resembling John Bums and Samuel Baxter, escaped convicts and suspected murderers of Deputy Sheriffs John P. Grove and Wallace McClure, were under arrest in a dozen cities. Sheriff C, E. Johnston still remained skeptii/al, however, that the right men had been captured. EAST ANDWESTTO” 1 WED Rajah and Seattle Girl Leave for India Despite Protests. By United Press COLOMBO, Ceylon, Feb. 16.—The former Maharajah of Indore and his fiancee, Miss Nancy Miller of Seattle, left today for Bangalore, India, by special train. Their departure came soon after the arrival of a Hindu priest from Poona, who was to convert Miss Miller to Hinduism prior to their marriage. There was no indication here that Miss Miller and the former Maharajah had abandoned, in the face of heated protests, their plan to marry. TARIFF ACTION SOUGHT - Farm Bloc Leaders Want Immediate Protection for Product. WASHINGTON, Feb. 16.—Senate farm bloc leaders are attempting to reach an agreement with House members for immediate action on tariff schedules affecting farm products, it was announced today. Shipstead (Minn.), Fanner Laborite, is sponsoring the movement to give additional protection to rutabagas, onions, seeds, milk and cream. Senate farm bloc members incline to doubt the possibility of obtaining the desired agreement, , however. COAL FIELD PROBE NEAR See Early Passage of Johnson Resolution by Senate. By United Press WASHINGTON, Feb. 16. —The Johnson resolution for investigation of conditions in the coal fields of Pennsylvania, West Virginia and * Ohio wa brought up in the Senate today wi* prospects of early passage.

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The Indianapolis Times Partly cloudy tonight and Friday, not much change in temperature; lowest tonight about 28.

VOLUME 39—NUMBER 242

BURGLAR GETS CHURCHJEWELS Residence of Archbishop Curley Is Looted. BALTIMORE Md., Feb. 16.—A burglar who in police opinion was “a pretty nervy fellow” last night or early today forced, an entrance to Archbishop Curley’s residence and stole a valuable gold chalice, generously studded with jewels. The precious cup was a gift from the Catholics of Baltimore, to the late Cardinal Gibbons, on the occasion of Cardinal Gibbons fiftieth anniversary of his ordination to the priesthood. Diamonds set in one side of the chalice foimed a small cross. Other articles stolen, beside the costly chalice, included the diamond studded handle of another chalice, the gold cross of the Archbishops's chain, a watch belonging to the Archbishop, and S9O in money. All or most of these articles, including the chalice that was presented to Cardinal Gibbons, were found in a safe on the first floor of the residence. The safe was "jimmied.” STEVE IS WAITING Return to Prison Hinges on Court Action. D. C. Stephenson, former Indiana Klan dragon, who gave sensational testimony in the trial of Governor Ed Jackson Wednesday, today waited patiently while attorneys argued the defense motion to direct a verdict of not guilty, filed with Special Judge Charles M. McCabe. Stephenson waited in the county grand jury room all morning and was returned to the courty jail at noon for lunch. He is being kept here on request of State attorneys. If the court rules in favor of the defense motion, the trial will be ended and Stephenson will be taken back to the Indiana State Prison. If the motion is not upheld, Stephenson will lot leave until a release is signed by the court. Lloyd O. Hill, attorney for Stephenson, conferred with him during the morning. Hill obtained the services of a notary public at the courthouse so that Stephenson might swear to a statement he had prepared. Hill said the statement was a personal matter between “myself and Stephenson.” MRS. COOUDGE BETTER First Lady Unable to Attend White House Reception Tonight. By United Press WASHINGTON, Feb. 16.—Mrs. Calvin Coolidge, who has been ill with a cold for more than a week, is steadily improving, it was stated at the White House today. She still is confined to her room, however, and will be unable to attend the Army and Navy reception at the White House tonight. Hourly Temperatures 6a. m.... 31 10 a. m— 31 7a. m.... 32 li a. m 33 8 a. m 32 12 (noon),. 36 9 a. m.... 32 1 p. m.... 35

‘Deep’ Study! By United Press EVANSTON, 111., Feb. 16. Establishment of a department for instruction in matrimony at Northwestern University was advocated today by Prof. A. J. Todd, head of the department of sociology. “Asa co-educational institution one of our functions is to study the problem of human matrimony,” Professor Todd declared. Students learn the laws of heredity in mice and guinea pigs, but come out of college with no knowledge of sex and matrimony, the subjects on which they will spend most of their time and money.”

BITTER FIGHT SEENJN OHIO Willis’ Reply to Maschke Hints Reprisal. Btf'United Press COLUMBUS, Ohio. Feb. 16.—Secretary of Commerce Hoover's invasion of Ohio as a presidential candidate has brought about an apparently irreparable breach between the State Republican leaders it appeared today. This belief was general and was regarded as being strengthened by the split between United States Sen - ator Frank B. Willis, favorite son candidate for the nomination and Maurice Mschke, Republican national committeeman. Maschke has definitely broken with Willis and has thrown his support to Hoover, whom de scribes as having “unlimited possibilities.” Willis, in 4urn, made public in Washington a letter rebuking Maschke and declaring: “I can only say, in good nature, that if in this contest, the organization which Maschke controls' feels that what I have done is of so little importance as not to merit consideration I shall of course, feel in the remaining time I am in the Senate that I will be fully justified in following a difference course.” Willis’ letter was regarded here as a definite hint of patronage reprisals. ADMIT STATE ROBBERY Youths Held as Suspects in Deputies’ Deaths Confess Looting Poolroom. Harvey Hill and Clarence Arbuckle, youths arrested at Decatur, 111., on suspicion of being John Burns and Samuel Baxter, sought for the murder of two missir.j State deputy sheriffs, have confessed to Indiana officers that they broke into a Seymour (Ind.) poolroom on Feb. 6. FLORIDA BANKCLOSES Was Only One in Ft. Lauderdale; Capital Was $250,000. By United Press FT. LAUDERDALE. Fla., Feb. 16. —The Ft. Lauderdale Bank and Trust'Company closed today, leaving this city without a bank. The institution was capitalized for $250,000. SEEK PARK EQUIPMENT West Indianapolis Delegation Asks Rhodius Improvements. Equipment of Rhodius Park community house was asked by a delegation of West Indianapolis Civic Club members today at the park board meeting. The delegation urged purchase of furnishigs to permit use of the building for civic meetings and banquets. JURY NEARLY DRAWN Expect to Fill Box Soon in Second Hickman Trial. By United Press LOS ANGELES. Cal., Feb. 16.—A jury to try William Edward Hickman and Welby Hunt for the murder of Ivy Thomas, Los Angeles druggist, was expected to be completed today. When court convened three men and nine women jurors were seated tentatively in the jury box. They were chosen from thirty-four talesmen.

VETERAN COPS LOSE BADGES; SAD, THEN GLAD

TRAGIC moments intermingled with humorous incidents in Police Chief Claude M. Worley's office late Wednesday, when fifteen police sergeants were asked to turn in their badges. All were astonished when Worley, told them that he had received numerous complaints about them. Sergts, “Daddy” Cox and William “Bill” Fields, veterans po-

INDIANAPOLIS, THURSDAY, FEB. 16,1928

DEATH ENDS STAGE CAREER OF EDDIE FOY Famed Footlights Veteran 111 Only Few Hours Before End. MADE DEBUT IN 1866 Won Plaudits of Thousands; Star Dimmed in His Later Years. / f By United Press KANSAS CITY, Mo., Feb. 16. Eddie Foy, 72, veteran of the American stage, died of heart disease at 8:45 a. in. today in his suite at the Hotel Baltimore here. He was in Kansas City for an engagement this week at the Orpheum Theater. Foy became ill shortly after 5 a. m. and lapsed into unconsciousness. When his condition failed to improve, Mrs. Foy called a physician. Hypodermic injections were administered without results. Same Eddie to the End The actor regained consciousness long enough to r -\y farewell to his wife and Father Hennesy, who had been summoned to pcriorm the last rites. Foy danced his first step more than sixty years ago. At 72 when most actors have retired from the footlights to the lounges of Broadway clubs, Foy was still dancing. It was a coincidence that "Eddie’s” act was entitled "The Fallen Star.” He showed no signs of playing that role at his performance last night. He was the same Foy who had entertained thousand* of persons in his long stage career. Made Debut at 12 Foy was bom in New York City. March 9. 1854. and made his debut in Chicago when he was 12 years old. During his long American stage career the actor played in a variety of theaters over the United States, and toured in “The Tigers.” “Jack in the Box.” “Over the Garden Wall” and others. In 1923 Foy starred in “That Casey Girl.” Other American productions associated with Foy’s name include “Sinbad,” “All Baba,’ "Cinderella," “Bluebeard," “Tic Earl and the Girl” and “Up and Down Broadway.” On the stages of a thousand vaudeville theaters he sang, “Oh, It’s to the Grave Together, It's to the Grave Together, and We Don't Give a Dam How We Get There.” But they didn’t go to the grave togegther—Papa Foy and the seven little Foys. The kids got tired. Then Family Disbands In 1925 Eddie and his children made one last venture for the Rialto’s favor. That was in a play called "The Casey Girl.” It wasn’t a good show and it flopped after a tryout on the road. Eddie lost SIB,OOO, but he grinned. He always managed to grin at everything, his lips making an ascending arc until his right cheek puckered deeply and the myriad lines around his eyes crinkled and creased. But after that failure the Foy family disbanded. Eddie Jr., Mary, Madeline, and Irving made up a quartet for a vaudeville tour. Charles struck out for himself in vaudeville. Bryan and Dick went to Hally wood. Marries Fourth Wife Thevc was another disturbing factor. In 1923 Foy married for the fourth time. The children were opposed to the match and the wife, formerly Mrs. Marie Combs of Sedalia, Mo., was unable to effect a reconciliation. So the children, whose mother was the third wife, Madeline Morando, lived apart from the father. Papa Foy went on a tour, but as he daily performed before audiences who were surprised at the vitality of a 72-year-old comedian, he planned for a return to Broadway. In his mind the lights that spelled “Eddie Foy and the Seven Little Foys” still were twinkling. After the performance last night the actor and his wife conversed with friends until after midnight. Foy appeared to W' in excellent spirits and there was no sign of approaching illness.

licemen, took Worley's words the most seriously. When asked how long they had been on the force, Cox said thirty-five years, while Fields answered twenty-two years. “Thirty-five years and twentytwo years,” Worley said sadly, “gentlemen, it pains me greatly to ask for your badges.” No one anaswered for a moment; then Cox with a choking sob

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—Photo by HU.. ;y G. Bailey. Sally Robards Miss S*lly Robards, Stilesville, Ind., is the most beautiful co-ed at Ete Pauw University i We have no less authority for the statement than her sister co-eds of the Greencastle institution. She is a member of Alpha Phi Sorority and an entrant in the annual beauty contest. Men of the university are voting on the six most beautiful women.

OIL BONDS TRAILED TO FUND OF G.O.P.

GARRETT TALKS TO DEMOCRATS Minority Floor Leader in Congress City Visitor. Speaking at a luncheon at the Indiana Democratic Club this noon. Representative Finis Garrett of Tennessee. Democratic leader in the House, likened the Indiana State political situation to that which pfevails throughout the nation. “Bad as it is, Indiana's situation is no worse than many other States where Republican misrule has been applied,” he daclared. “This is the opportunity for the Democrats to do something worth while and also gain a victory, both here in Indiana and throughout the land.” Other speakers were Louis Ludlow, Washington correspondent, and Mayor L. Ert Slack. Ludlow and Garrett are to speak at the Democratic Editorial banquet at the Claypool tonight. SPEED^ENGELTRIAL State May Rest Case of Canton Officer Today. By United Press LIBSON, Ohio, Feb. 16.—The State may rest today in the second trial of Former Police Chief S. A. Lengel of Canton, on charges of murdering Don Mellett, publisher of the Canton Daily News. Wednesday afternoon, the jury hearing the case, visited the scene in Canton where Mellett was shot down by members of Canton's Underworld who resented his anti-vice crusades. Among the witnesses called today was Floyd Streitenberger. former Canton detective and convicted member of the conspiracy which brought about Mellett's death.

in his voice asked. “Do you want my keys, too, chief?” He had trouble keeping the tears from his eyes. MUM SERGT. JOHN VOLDERAUER sadly said, “Chief this is the first time in nineteen years that any one asked me for my badge." After a few minutes Worley said, “If these affairs clear up and you are given an opportunity, will

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$75,000 Traced to Senator DuPont, Who Paid Off Part of Deficit. B / I nited Press WASHINGTON, Feb. ,16—Seventyfive thousand dollars of the mysterious Continental Trading Company bonds definitely were traced today by the Senate Teapot Dome committee to Senator T. Coleman DuPont of Delaware, who is supposed to have acted for the Republican national committee in liquidation of its 1920 deficit. Joseph F. McMahon, assistant cashier of Potter Sc Cos., New York brokerage firm, testified he sold seventy-five SI,OOO 3'i per cent Liberty Bonds for the Empire Trust Company In 1923, to C. F. Childs & Cos., New York, proceeds of which was deposited to DuPont's account. DuPont was a director in the Empire Trust Company where the Republican national committee had borrowed money for the 1920 campaign. The committee has been informer Secretary of Interior Fall publican note with proceeds from the bonds. Chairman Nye has said the bonds came from Harry F. Sinclair, oil man. who leased Teapot Dome from Former Secretary of Interior Fall and later gave Fall $233,000 from the Continental bonds. McMahon had a record of only this one DuPont transaction of Nov. 30, 1923, but agreed to inspect his records to see if any other Continental bonds were handled by his company. James Bernieri of the Child firm confirmed McMahon’s account of the DuPont transaction. Senator Walsh. Montana, obtained from McMahon and Bernieri the serial numbers of all the $75,000 In bonds and checked them with the list of serial numbers of Continenal bonds in possession of the committee He said the check showed they were Continental bonds. Walsh then read earlier testimony showing Sinclair had admitted contributing to the Republican national committee; that Will Hays, chairman of the national committee, had said Sinclair gave $75,000;

you do your duty and enforce thelaw?” All nodded. “Well, see the secretary and nc will give you other badges,” Worley said. We are going to have 'hese gold-plated so they will look like this,” and he exhibited a gold badge. With grins on their faces and &ghs of relief, they thanked the chief and hastily left.

VERDICT OF ACQUITTAL IS ASHED BY DEFENSE; STATE IGDiNG AGAINST MOTION Prosecution Has Failed Entirely to Prove Its Contention, Declaration of Counsel for Governor. CONCEALMENT IS PRINCIPAL ISSUE McCabe Serves Notice on Remy and Aids That They Must Advance More Convincing Proof. The case of Governor Ed Jackson hung in the balance this afternoon, with every indication that Special Judge Charles M. McCabe would direct the jury to return a verdict of acquittal. Jackson, charged with conspiracy to bribe former Governor Warren T. McCray with SIO,OOO and a promise of immunity from conviction in his financial troubles if he would name James E. McDonald prosecutor of Marion County in 3923, pinned his hope for release upon the defense contention that the State lias failed to make a case. The motion for a directed verdict was made by defense attorneys immediately after the State completed its testimony at 9:11 this morning.

The defense’s chief contention was that the State had tailed to show that the conspiracy was concealed until last July, as alleged, thereby failing to bring the crime within the statute of limitations. The defense motion would eliminate all defense testimony and leave unfulfilled Defense Attorney Clyde E. Jones’ promise, in his opening statement Monday, that “Governor Jackson will testify in this case. He will take the stand, look you gentlemen in the eye and tell you what this case is. He will open to this jury and the prosecutor his whole life, from the crade to the present.” After attorneys had argued for more than two hours. Judge McCabe remarked to Special Prosecutor E. W. Johnson: “I haven't any doubt in my mind, Mr. Johnson, that it would be my duty to put aside the Jury. I am open to conviction, of course, if you have anything new to show me.” State Reopens Testimony This was after the State attorneys practically had exhausted their arguments. Finally, the State, with ihe court s permission, reopened its testimony and put Prosecutor William H. Remy upon the stand to testify that he had no knowledge of the alleged conspiracy until last summer, when The Indianapolis Times printed an article telling of it in detail. Step by step the State’s testimony has borne out this story. Judge Voices Regret Court was adjourned at noon until 2 p. m„ Judge McCabe remarking: “I feel bound to uphold the law. If I feel as I do now and should sustain the motion, I would do it with great regret. If I had my choice I would prefer for the defense to put in all its evidence.” Earlier the judge had said: “I think it is regrettable that the defense has made this motion and will not now be heard, for I think the honor of the State is at stake in this matter.” First Informed in July Remy testified that the first he heard of the alleged conspiracy was late in July, when, either on the day before or the day The Times printed the story, Boyd Gurley, Times editor, telephoned him about it. He said he told Gurley he,did not believe it at that time. On cross-examination, the defense asked Remy if he had not been told in court at Ind., in July, 1925, by a state accountant named Cuschman that if it had not been for William P. Evans, McCray’s son-in-law, Remy would not have had his job as prosecutor, because D. C. Stephenson and Fred Robinson, former State purchasing agent, would have gotten it for James E. McDonald “with money.” Remy replied: “If that conversation ever took place, I have no recollection of it and I would say that it did not take place.” *• The argument then was continued. Remy Thanks Judge Remy explained that he had not taken the stand before because he had not believed there would be any question that he and his associates would have prosecuted the bribe offer sooner, had they known of it. “No one can say you and Mr Johnson haven't done your duty,” said the judge. “I thank you, your ’ onor, from the bottom of my heart,” replied Remy. Harry McGlenn. dt tective. assigned to the prosecutor’s office,

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was the last State witness, the only ofie today. McGlenn told of having found Robert W. Lyons, who had been subpoenaed as a State witness, in the Miami Valley Hospital at Dayton, Ohio, last week. He said he was informed Lyons had been operated upon for appendicitis. Shows Returned Subpoena The State then introduced the returned subpoena, showing that it had been read to Lyons in Richmond, Ind., Feb. 3, by the sheriff of Wayne County. Defense motion for acquittal was filed by Attorney Louis B. Ewbank. The jury was sent from the room during the arguments. Meanwhile, D. C. Stephenson, life termer, whose testimony against Jackson was one of the sensations of Wednesday, still was in the grand jury room, awaiting the order of Judge McCabe which will start him back to Indiana State Prison. Try to Get Lyons The State had made one last effort to get Lyons, who is alleged to have sat in at some of the conferences at which the bribe plot was declared to have been hatched, to Indianapolis last night. Deputy Prosecutor Paul Rhoadarmer was sent to Richmond, where he got Lyons’ family physician and took him to Dayton. Lyons, it was reported to the prosecutor’s office today, was in the mood to attempt the trip to Indianapolis last night, but after a visit by George G. Rinier, Indianapolis attorney, who has been identified prominently with the KuKlux Klan, he was given a sedative and nurses told Rhoadarmer and friends of Lyons from Richmond that he could not be seen until 9 this morning. This morning Lyons told the deputy prosecutor he could not at* tempt the trip. The State had planned last night to put Miss Ada Bush, former secretary to McCray on the stand this morning, but abandoned the plan. Asks Not Guilty Verdict The defense motion to take the case from the jury said: Now at the conclusion of the evidence offered by and on behalf of the State of Indiana, the defendant, Ed Jackson, moves the court to instruct the Jury to return a verdict finding the defendant not guilty. The reasons are: 1. That there Is not sufficient evidence to prove the commission of any public offense, as charged in the indictment. 2. That the evidence wholly fails to establish the guilt of the defendant of any offense charged In the indictment. 3. That no evidence in the cause shows proof of all elements necessary to constitute an offense under the law. 4. That there is no’ evidence ol the alleged act of concealment alleged in the indictment and therefore the evidence is insufficient to prove the defendant guilty of the offense charged. Special Prosecutor Emsley W. Johnson told the court that there were other evidences of concealment besides those charged in the indictment, but Judge McCabe reminded him that the State was bound by acts of concealment alleged in the indictment. Ewbank argued that the affidavit charges directly what the particular acts of concealment by the defendant were and that there were only a few of them. He read from the indictment that Jackson, Coffin and Marsh concealed the offer by representing that they, together with Stephenson, had great power in the &u-