Indianapolis Times, Volume 39, Number 306, Indianapolis, Marion County, 19 April 1928 — Page 3

[APRIL 19, 1928

OFFERS COURT CODE REVISION TO COT CRH Too Much Sympathy Is Shown Lawbreakers, Declares Attorney. This is the fifth of several articles upon the “youthful crime" situation in Indianapolis as disclosed in survey made by Morris Moore of The Indianapolis Times staff. BY MORRIS MOORE “In the law’s over-zealousness to protect the innocent, we encourage and protect the guilty,” said George M. Barnard, attorney, today. Barnard is studying the increasing crime among youths from the viewpoint of the attorney, and has outlined a plan of criminal court revision which, he claims, would protect society from the “young gunman who kills for sls or $20.” “Every possible safeguard has been thrown about the accused and so many subterfuges indulged in his behalf that in altogether too many cases it has been almost impossible to secure convictions. In too many cases these subterfuges, have thwarted justice. Guilty Too Often Escape Too much emphasis is placed upon the importance of the accused’s rights, and too little given to the necessity of safeguarding society. If he be innocent, he does not need these aids; if he be guilty he should not have them. I despise and deplore the maudlin sentiment which accompanies the criminal. “Too much consideration has been given to the injunction—‘that it is better that ninety and nine guilty men escape than one innocent man be punished.’ The provisions for safeguarding innocent accused persons have grown out of proportion to the accusatory provisions and so the system has been thrown out of balance with the result that too many guilty escape conviction.” Barnard was discussing a survey of The Times made in Mariom Criminal Court, which showed that more than half the men committing crimes of violence, in most of which a gun figures, are minors, and that five out of six are under 25 years of age. Would Revise Code These figures are similar to the results of surveys in other cities. It has led criminologists to admit that somewhere there is a bad spot in our social system. There must be a cause—and Barnard sees a contributory cause in the many ways of criminals escaping punishment—which removes the fear that stiffer punishment might instill. An opposite view is taken by certain probation workers, who claim that the fear of the law does not decrease crime. Their views have been explained in prior articles of this series. Asa remdy for what Barnard sees as a weak spot, he suggests criminal code revision. Barnard suggests reforms in methods of preparation of indictments to avoid the loss of so many cases on technical flaws. Another weak spot, he said, is the method of impanelling a jury. He suggests that the judge be allowed to ask such preliminary questions as will divulge whether a challenge for cause will lie, and that the number of peremptory challenges be cut down. Empower State to Appeal Another revision will be a change allowing the trial judge in Indiana to comment upon the evidence. “This inhibition deprives the jury of a disinterested analysis of the evidence by the trained mind of one who is unbiased and impartial and whose only motive is to further justice.” Except in cases punishable by death, the requirement that all twelve jurors agree is not necessary, in Barnard’s opinion. “There is no reason for our constitutional provision that no person shall twice be placed in jeopardy for the same offense. Why should not the right of appeal be extended to all the people if it is right for just one to have it? If the court has erroneously ruled against the State and thereby the guilty person has been acquited, why should not the State in the interest of all the people have the right to appeal to a higher court and to have these errors corrected, and the defendant again placed on trial?”

Gont, but Not Forgotten

Automobiles reported stolen to police belong to: Charles H. Hurd. Columbia Club, Auburn, 48-850, from New York and Meridian Sts. Clark C. Carpenter, 944 N. Alabama St., Maxwell, 637-850, from St. Joseph and New Jersey Sts. Hobart Canady, 3420 N. Meridian St,, Hudson, 637-160, Market and Delaware Sts. Paul Watson, 713 N. Delaware St., Ford, 649-013, Market and Davidson Sts. J. M. Dawson, 5440 Hibben St., Pontiac, 639-603, 600 block Hudson St. William Welch, R. R. C, box 334, Ford, 642-226, Meikel and McCarty Sts. Herbert Mears, 1316 W. TwentyThird St., Ford, 630-641, Sixteenth St. and Big Four Railroad. R. M. Worth, 1932 N. Delaware St., Chrysler, 625-590, Vermont and Meridian Sts. Hobson Geigler, 450 N. Senate Ave., Willys-Knight, West and North Sts. William Haussin, 1102 Ewing St., Ford, Capitol Ave. and Ohio St. Floyd Ray, Crawfordsville, Ind., Ford, Shelby St. and Woodlawn Ave.

BACK HOME AGAIN V-A-utomobiles reported found by Lice belong to: Barrie Grice, 520 W. TwentySt., Whippet, Eagle Creek Bbshington St. coach. 632-325, Keystone St.

Daughter Dies on Day Set for Fathers Final Rites

Arrange Double Funeral for A. W. Peters, Eleanora Grethlein. August W. Peters, 58, general manager of the Allied Coal and Material Company yards, died Tuesday after an illness of a year. Funeral services had been set for today at the residence, 714 Sanders St. Early today Mrs. Eleanora Grethlein, 32. of Elwood, Ind., one of his daughters, died at the home of another daughter, Mrs. Thomas Weilhammer. 1817 Shelby St., partially from shock caused by the father’s death. The father’s funeral was postponed and double services will be held at the Peters residence at 2 p. m. Saturday, with burial in Memorial Park cemetery. The Rev. Ernest Piepenbrok, pastor of St. John’s Evangelical Church, will be in charge. Mrs. Grethlein, although ill, had been called here when her father’s condition became grave four weeks ago. Both Mr. Peters and Mrs. Grethlein were members of St. John’s Evangelical church. Mr. Peters is survived by the widow, Mrs. Sophfia Peters; his mother, Mrs. Sophfia Peters, aged 90, of Seymour; two sons, Albert H. and Otto H., both of Indianapolis; three sisters and three brothers, and nine grandchildren. Surviving Mrs. Grethlein are the husband. Fred Grethlein, of Elwood; six children. Eleanora, 12; Margaret, 10; Mathilda, 8; Ernest, 5; Virginia, 3, and Wilma, 3 months. She moved from Indianapolis to Franklin, nine years ago, and later removed to Martinsville, Gosport and Elwood.

JEALOUSY CAUSES SLAYING OF THREE

By Times Special EVANSVILLE, Ind., April 19 Alvah Carnahan, 36, and his wife, Gertrude, 28, married three days ago, and Sam Lockwood, 40, are dead, victims of bullets fired by Lockwood. The tragedy occurred at a rooming house. Lockwood was HITS FARM AID BILL Move Anti-Coolidge, Says Foellinger. “Active Republican proponents of the McNary-Haugen bill are working with Democrats to embarrass the Republican party,” Oscar G. Foellinger, Indiana manager of Herbert Hoover’s presidential campaign, charged today. Senator James E. Watson’s indorsement of the measure was regarded as paradoxical by Foellinger. “Senator Watson states he is for the McNary-Haugen bill, even though he knows that President Coolidge is against it,” said Foellinger. “He defends this stand on the grounds that the Republican platform promised farmer relief legislation, in spite of the fact that the administration does not consider the McNary-Haugen bill a sound farm relief measure. “The McNary-Haugenite fight is anti-Coolidge, anti-administration.” BANKERS TRUST STOCK INCREASED TO $500,000 Files Papers Announcing Issuance of 2,500 Shares. Capital stock of the Bankers Trust Company, Pennsylvania and Ohio Sts., has been increased from $250,000 to $500,000 by issuance of an additional 2,500 shares, according to papers filed with the secretary of State. The larger capitalization is to “meet expansion of the company’s business during recent years and to provide for future growth and progress,” President Howard C. Binkley asserted in a letter to stockholders explaining the increase. The company started with SIOO,OOO capitalization Oct. 2, 1916, and has steadily expanded. Present officers are President Binkley, Vice Presidents Joseph E. Reagan, Henry C. Thornton, T. S. McMurray, Jr., Eugene W. Short, Secretary-Treasurer Elmer W. Rogers, Assistant Secretary Lucian L. Green and Trust Officer Malcolm Lucas. HEALTH MEETING IS SET State Officers to Hold Annual Session Sept. 25 and 26. The annual meeting of the health officers of the State will be held Sept. 25 and 26 in connection with the meeting of the State Medical Society, Dr. W. F. King, State health board secretary, announced today. At the same time King declared seven rural schools were condemned by the State board of health and can not be used until after the end of the present school year when necessary improvements will have ben made. Schools condemned are Marysville School, Clark County; Dot and Utica Schools, Boone County; Thomtown School, Vigo County; Booneville School, Whitley County, and Bellmore and Hollinsburg Schools, Park County.

20% Discount FRIDAY AND SATURDAY -—On—— MEN'S WORK SHOES HEID’S SHOE STORE 233 E. WASHINGTON—Opposite Courthouse

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August W. Peters (above) and Mrs. Eleanora Grethlein.

prompted by jealousy. He had been keeping company with Mrs. Carnahan prior to her marriage. The newly wedded couple was found dead and with them was Lockv.ood, suffering from a wound which caused death within a few hours. Carnahan was shot behind the ear, Mrs. Carnahan through the chest and Lockwood in the roof of the mouth. A bulldog belonging to Mrs. Carnahan sought to keep police away from the bodies. Lockwood’s wife committed suicide about six months. Mrs. Carnahan was a divorcee. She leaves her mother, Mrs. Mary Dury, and an adopted daughter, 2. BIDS ARE OPENED FOR MOVING VOTING BOOTHS County Commissioner Ilogle Mails Notices tb Transfer Men. Bids on contracts to move voting booths from storage at the county yards, 2001 Northwestern Ave., to the polls for the primary, May 8, will be received April 23 by the county commissioners. Anew departure in advertising bids is being tried by Commissioner Cassius L. Hogle. He is sending out postal cards to forty-three Indianapolis transfer companies, telling of the bids *and inviting their submission of bids. The job usually runs between $1,500 and $2,000, and in the past about two or three bidders usually have entered the competition, Hogle said. GOOD PEOPLE MUST BE CLEVER, SAYS ERSKINE Noted Author and Teacher Talks to Contemporary Club. Being “good” does not mean being stupid, Prof. John Erskine of Columbia University, told members of the Contemptoary Club in the Masonic Temple Wednesday night. Erskine, who was here, both to confer with his publishers, BobbsMerrill Company, and to deliver his lecture on “The Moral Obligation of Being Intelligent” is popularly noted as the author of Helen of Troy, Galahad and Adam and Eve. He also is a distinguished musician, lecturer, poet and professor. He now is on a three-month lecture tour. Citing the Victorian poet, Kingsley’s lines, “Be good, sweet maid, and let who will be clever,” Erskine pointed out that it is necessary in the modern world to clever in order to be good and developed this theme into a text for. his talk. ESSAY JUDGES NAMED Three to Rule on Bar Association Contest Entries. Three judges have been selected by James M. Ogden, chairman of the Indiana State Bar Association committee on American citizenship to pass on the essays entered in the State-wide contest on “The Constitution” sponsored by the Bar Association. The judges are: Dr. Robert J. A y, president of Butler University; Charles Martindale, attorney, and John P. Edmison, editorial staff of the Star. Byron B. Williams, director of research of the State department of public instruction, will be secretary of the committee. Winners will be selected Friday from the thirteen essays that have been selected from the hundreds written.

THE INDIANAPOLIS TIMES

LINDY FAILS TO TAKE A DRINK AT ROADHOUSE Colonel Sleeps Late After Eventful Night in Visit to Detroit. By United Brens MT. CLEMENS, Mich.. April 19. ! Col. Charles A. Lindbergh slept late i today, recovering from the experiences of an eventful night which ini eluded a public appearance at the All-America Aircraft Show and a visit later to Blossom Heath, fashionable roadhouse on the shores of St. Clair in Macomb County. Arriving from St. Louis at 7 p. m., Lindbergh and his St. Louis associates joined Edsel Ford and Maj. Thomas G. Lanphier at dinner. Then they went to the aircraft show, where the trans-Atlantic flight hero enthusiastically praised the exhibits. Edsel Ford Leaves Party Edsel Ford left the party, but some others joined it, and near midnight the party appeared at Blossom Heath. The night’s hilarity was at its height. The guests were attired in evening clothes. The abrupt entrance of the large party of men suggested somehow the entrance a month ago of another party of men who, it developed, were State police. They precipitated a near panic when they searched the patrons for liquor and seized $5,000 worth of gambling parapernalia, including a Klondike table and three roulette wheels. The place also was raided with similar result early in 1927. Lindy Creates Panic, Too But the kind of- panic created by Lindbergh was different. Necks craned and every one watched attentively to see if he would take a drink. He did not, and neither did he gamble. He enjoyed the music of the novelty orchestra. At an early hour today the party left. Lindbergh and Lanphier went to the officers quarters at Selfridge Field. Lindbergh said his plans for departure were indefinite. MUNCIE BUS OWNERS GET INJUNCTION STAY Permitted to Operate Until May 1 Under Court Order. Several Muncie bus operators will be able to operate until May 1, as a result of a temporary stay of injunction by the Delaware Circuit Court, issued late Wednesday by the Supreme Court. Suit w'as brought against Sumner Denny and other bus operators by Arthur W. Brady, receiver of the Union Traction Company, which also operates buses in Muncie. The injunction was issued by Will J. Sparks, sitting as special judge in the case. Hearing will be held May 1. Refinance your auto payments now on easier terms. Confidential and quick. CAPITOL LOAN CO. 141't! E. Wash. St.—Advertisement.

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D. A. R. REBELS PROTEST FROM FLOOR BLOCKED Committee Will Give Hearing to ‘lrregular Faction Friday. By United Bri ns WASHINGTON, April 19.— An attempt to raise the D. A. R. “blacklist” issue and the question of the society’s support of the Wilbur big Navy program failed today on *he floor of the D. A. R. congress. Mrs. Alfred J. Brousscau, president general, banged her gavel and refused recognition to Mrs. Eleanor Roy, a delegate of the Ft. Scott <Ka is.) chapter of thr D. A. R who tried to introduce the subject. Mrs. Roy had sent a series of resolutions to the resolutions committee, but upon hearing a report that the committee would "smother” the resolutions, she attempted to raise the question in open meeting of the congress. Will Get Hearing Mrs. Henry B. Joy, Michigan, chairman of the resolutions committee, informed Mrs. Roy later that the committee would grant a hearing on the resolutions and that she could appear before it Friday morning. The incident caused momentary turmoil in the congress hall and ended in hot debate of Mrs. Roy's action in a private room in which national and Kansas officers of the D. A. R. confronted Mrs. Roy and endeavored to show her she was in error. Mrs. Roy said she would appear in support of her resolutions before the committee. She is office secretary of the Women’s League for Peace and Freedom, which D. A. R. officers alleged was connected with the peace organization of Frederick J. Libby, all of whose supporters have been informally prescribed by the Daughters. Mrs. Roy's resolutions questioned the right of national officers to commit the entire society to important questions of national policy, su?h as the Wilbur navy program, without consulting the various chapters. and aalso urged that chapters in the future be permitted to select any speakers they might desire. Not Kansas Sentiment Mrs. Joy. candidate for vice president general; Mrs. George T. Guernsey and Mrs. R. D. Campbell of Kansas were among the D. A. R. officers who talked with her after she had been denied the floor. Mrs. Campbell, State regent, said that the resolutions did not represent the sentiment of Kansas chapters. She said she had prevented the Wichita chapter from circularizing other chapters on the subject just before leaving for Washington. She said the Topeka chapter was engaged in a bitter controversy now over the so-called “black list.”

D.A.R. Head and Aids

NEA Washington Bureau. During the present convention in Washington, D. C., of the Daughters of the American Revolution, two prominent debs served as personal pages to the president of the organization, Mrs. Alfred J. Brosseau, center. Left is Miss Florence Trumbull, daughter of the Governor of Connecticut; right is Miss Bina Day Deneen, daughter of the Senator from Illinois.

TAX COLLECTORS HELD Violence Charged in Seizing Property at LogansporL By Times Special LOGANSPORT. Ind., April 19. Albert Tansell and Gelvis Rousch, “imported” here to serve as deputy collectors of taxes, are awaiting

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trial on charges of having committed violence in entering homes to seize property for sale to pay delinquent taxes. Assault and battery is the specific charge against the two. Tansell declared he was not guilty of any violence. Both are at liberty under SIOO bond each.

PAGE 3

ONE DEAD IN AUTO SMASH; FOURINJURED Paul Dyer Dies After Crash: Alfred Dixon Badly Hurt. Paul A. Dyer, 27, of 222 Hendricks pi., died at the city hospital early today and Alfred E. Dixon, 26, of 4919 Caroline Ave., is in serious condition as the result of an automobile crash in the 3400 block on North Dr., Fall Creek Blvd., Wednesday night. Dyer is said to have been riding on the lap of Patrolman Ned Hoagland, 25 N. Jefferson Ave., in a speedster driven by Dixon, when it collided with the sedan of R. W. Coverdale, 2316 Park Ave. Police were told conflicting stories regarding the crash. Coverdale declared he was driving his machine, while those In the other car assert it was being driven by Miss Beatrice McDonald, 3610 Balsam Ave., who vvas with him. Dyer was thrown to the pavement and suffered a skull fracture. Dixon underwent an operation at the hospital in an effort to save his life. Hoagland, who was being driven to headquarters, suffered several fractured ribs. Dyer is survived by a widow and four small children.