Indianapolis Times, Volume 40, Number 52, Indianapolis, Marion County, 21 July 1928 — Page 1

STATE G. 0. P. TIES HOPE TO HOOVER STAR Plan to Boom Secretary on ‘Moral’ Dry Issue and Ride to Victory. EDITORS HEAR JACKSON Slaps Al Smith for Stand on Local Option; Lauds Robinson. BY ROBERT BEARD WYANDOTTE, Ind., July 21. On the “moral issue,” as Republicans designate prohibition, Indiana Republican leaders hope to arouse such support for Herbert Hoover as to carry the State ticket to success on the tail of the Hoover presidential kite. This strategy, growing more apparent as candidates and party chieftains expounded their views before members of the Indiana Republican Editorial Association at West Baden, Corydon and here, Thursday and Friday, was pur. in plain words by Governor Ed Jackson in the principal speech of the closing banquet at Wyandotte lodge Friday night. "This issue the Republican party can accept,” he said, “as the challenge on which the Republican party of Indiana can look forward to an overwhelming victory this fall.” The Governor, who purposely or otherwise was refused opportunity to address the Republican State convention, found a prominent place on the program of the association of which his intimate friend and ‘ biographer” E. E. Neal, Noblesviile, is president. Refers to Corruption In shirt sleeves, Jackson vigorously attacked Alfred E. Smith's contention that prohibition is a matter for States to determine, and shouted, “It is no more of a State question than was slavery.” Taking opportunity to praise accomplishments of his administration, Jackson made one veiled reference to charges of corruption which concluded his trial for bribery and escape under the statute of limitations. “The people will not be misled,” he said. “Voters can’t be thrown off their guard by false rumors and statements auch as made by some papers not having the interests of the State at heart.” In the crowd of seventy-five who heard him were probably a dozen editors, the others having abandoned the “traveling circus” after tedious hours of oratory. Commending the full State ticket, Jackson said of Harry G. Leslie, gubernatorial nominee: “He is the sort of a man to whom I’ll be proud to turn over the commission of Governor. You can feel secure with the reins of government in his hands.” Two seats away, while Jackson declared that Hoover’s experience in foreign lands would equip him to meet international problems confronting the Pres.dent, sat Ed Bush, Salem, candidate for Lieutenant Governor, who waved a British flag at the Kansas City convention in leading the Indiana farm fight for Hoover. Robinson Praised Bush heard, too. Congressman Fred S. Purnell declared that the “farmers” problem boiled down is lack of organization. “President Coolidge was sincere in his veto,” said Purnell. “Hoover is qualified to solve the problem. Don’t let anybody tell you he hates American agriculture.” Senator Arthur R. Robinson had gone to Bedford, but he received as a compliment from Jackson the reference, “that splendid young Senator, who has made such a splendid record.” Judge Thomas J. Wilson of Coryt’on, candidate for re-election as drcuit court judge for Harrison and Crawford Counties, who presided at the banquet laid stress on “the moral issue unfairly injected by Al Smith.” “Smith injected it; he created it,” Judge Wilson said. “It’s here and you can’t fail to recognize it.” He quoted the Bible, Shakespeare and Robert Ingersol in condemnation of the liquor traffic.

Inconsistencies in Policy All in all, editors admitted to one another as they departed for home, a puzzling task confronts them. Political cross currents, perplexing to astute politicians, were even more confusing as the results of campaign precepts sounded by candidates and leaders in the last two days. More or less gracefully, they had admitted conversion to Hoover and platform pledges for agriculture relief rather than insistence upon the McNary-Haugen bill; accepted the Coolidge veto message as justification of their stand, although it was available for study long before the Kansas City convention. They had cast their lot with Anti-Saloon League Superintendent E. S. Shumaker through Leslie's unprovoked pledge of support for the Wright bone dry law; opened attacks on Al Smith for bearing the stamp of "corrupt Tammany” while agreeing to keep silent on corruption in Indiana, and pledged to support the ticket “from top to bottom” with emphasis on “the top,” credited with the strongest “lifting power.”

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The Indianapolis Times Probable showers or thunderstorms tonight Not much change In temperature.

VOLUME 40—NUMBER 52

Boiled Eggs Put 200 Picnickers in Hospital

Bj/ United Press WASHINGTON, July 21.—Source of hard-boiled eggs blamed for the sudden illness of 200 picnickers was sought by Maryland and District of Columbia police today. Most of those affected were children. Eleven remained in hospitals this morning, one in serious condition. Physicians and urses dismissed the remaider after treatment. All were taken ill at Marshall Hall, Md., an amusement resort twenty miles from Washington, on the hottest day of the year. After more than forty fel ill, the excursion steamer Charles McAlester made a hosty return trip, under forced steam, to Washington, where ambulances and scores of hysterical relatives of the stricken awaited at the docks. Late last night the steamer made another trip for more of the victims, carrying doctors and nurses to treat them en route.

ASKS PUBLIC AID IN HUNT FORMERS Duty of City Citizens to Report Any Suspicious Men, Says Kinney. Plea for the public to continue to cooperate with the police and detectives in their effort to round up the two men who murdered Motor Policeman Paul Miller last Tuesday night was made today by Detective Chief Jerry Kinney. Dozens of calls have been received at headquarters during the last three days from persons who thought they saw the two coatless, hatless bandits, one with a w’ounded arm and bloody shirt, in various parts of the city. Ask Public Cooperation These 1 continued this morning. “There is no doubt that we are looking for two men wanted some place else for crimes equally as terrible as the murder of Miller,” Kinney said. “They probably are hunted men with the feeling that they may as well be hung for killing five as one. Such men are of the most dangerous type. “It is the duty of the citizen to give any information whatever that may lead to the capture and arrest of such criminals. Even the slikhtest clew may fit in a theory that will lead to uncovering them.” Kinney is of the opinion that the two men wanted were the ones who leaped from the bam loft and struck Mrs. Ivy Sullivan, 434 N. Keystone Ave., last Wednesday afternoon. To trace them from that time on has been more difficult, since various sections and persons have reported seeing them. Trio Escape Pendleton Among the latest reports is that of F. W. Watson, 2908 E. Eighteenth St., who reported seeing two men going into an orchard from the road near Waverly. Ind., about 3 p. m., Friday. One of them had his arm in a sling and both wore blue shirts. The man hunters were asked by authorities of the Indiana State Reformatory, Pendleton, Ind., to be on the lookout for a trio who escaped there during the storm Friday. They are William Poland, 20, of 211 S. Warman Ave., Indianapolis:; Warren Luther Gates, 21, of Lafayette, Ind., and James Louks, 27, of Cicero, Ind. All were wearing overalls when they escaped.

GAS HAWK IS HUNTED Gray-Haired Man in Essex Coach Accused of Attempted Attack. Police today still were trying to trace the gray-haired “gas hawk’’ who kidnaped and attempted to attack 12-year-old Helen Clossin, 2936 Kenwood Ave, Friday. The man, riding in a blue Essex coach, accosted the girl at TwentySixth and Meridian St, finally dragging her into his car. He drove north to Broad Ripple and brought, her back after an attempted attack. He returned her to Thirty-Second and Meridian Sts. He was described as middle-aged, wth gray-hair and a livid scar on his cheek, wearing glasses and dark clothing. THREE HOUSES ENTERED $175 In Loot Taken By Burglars Reported to Police. Burglars entered the home of George McHaffey, 711 E. TwentyThird St, Friday. He told police S2O was missing. L. B. Schick, 3706 N. Drexer, found his residence had been entered and ransacked Friday. Loot amounted to $112.50. A sneak thief visited the residence of Mrs. Alice Demoss, 2821 Central Ave, Friday and took her purse containing $45.

ADMITS KILLING NOVELIST AND AFFINITY; DOUBTED

Bil United Press NORRISTOWN, Pa, July 21. Authorities today credited Dr. Virginia A. Hussey’s story of the “double murder” of her novelist-husband and his alleged affinity to the invention of a mind torured by domestic strife. Lindley M. Hussey and Mrs. Grace Sauveur, said to have befriended the author when his wife left him, are missing. The women physician, daughter of a Venezuela diplomat. Is in jail. When Dr. Hussey told her story, sobbing and somewhat incoherently, police listened. They searched the

Old Friends Will Return

TONY TARVER is one of the two heroines of the new “Saint and Sinner,” which starts in The Times, Monday, July 23, and here is Tony’s mother, “Peg” Tarver. The Tarvers used to be in rather straitened circumstances, but they’re prosperous now, and Mrs. Tarver has a rather hard time accustoming herself to their new status.

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2-YEAR-OLD BOY STRUCK BY CAR; CRITICALLY HURT

Richard Prosser, 2, of 915 Elm St., is in critical condition at city hospital today as the result of being struck by the automobile of Mrs. Lenora Scriven, 35 N. Keystone Ave., in front of his home Friday. The child had ran into the street in the path of the machine according to Motor Policemen Reidy and Lansing, who investigated. The driver of the car was not held. Mrs. Marjorie Slinger, 1437 Prospect St., and Virginia Cook, 11, Columbus, Ind., were slightly injured when Mrs. Slinger lost control of her car and crashed into the railroad elevation at Virginia Ave. and Alabama St. Both were taken to the Slinger home.

SEARCH LAW IN DRY CASES DISGRACE, ASSERTS JUDGE

Legal hindrance of police officers in the enforcement of the prohibition law “is a disgrace to civilization,” declared Special Judge Emsley W. Johnson Friday in Municipal Court No. 4 in dismissing the case of Ed Bergen, 421 W. St. Clair St, charged with blind tiger. According to testimony police entered Bergen’s home, with his permission, but without a search warrant, and arrested him for prohibition law violation. Attorney for the defense con-

ln the Stock Market

NEW YORK. July 21.— During the last *ew days we have witnessed a market in which a handful of market favorites appreciated in value, while the main body of stocks has done little more than mark time. The volume of trading in the meanwhile has declined to the lowest level of the year, notwithstanding that the money market has been easy. What does a situation of this sort suggest? It probably means that the public is already so heavily committed that they are not willing to go further and are patiently awaiting the time when prices will be high enough to permit some profit-taking. It is our opinion, therefore, that until there are more definite indications of another broad and upward movement that this can he sustained, one would be justified in continuing the policy of liquidation as favorable opportunities present themselves.

Hussey home at Parkersford and nearly all the country around. No bodies were found. Although only one bullet was msising from her revolver. Dr. Hussey confessed she “riddled’ her husband’s body and shot the “other woman.” “You’ll never find his body,” she sobbed. Dr. Hussey left her home in Parkersford about six weeks ago after having lived there about two years. Then she returned late Thursday and, as she said, found her husband with the wealthy divorcee and shot them.

INDIANAPOLIS, SATURDAY, JULY 21, 1928

The excursion was an annual event sponsored by the Central Union Mission, a charitable organization affiliated with most of the capital’s churches. John S. Bennett, mission superintendent, said the food served was purchased the day before and cooked at the mission. At previous outings Mrs. Calvin Coolidge had eaten similar food without ill effect, he added. He denied a statement, attributed to Dr. Ignatius Rutkoski of Emergency Hospital, that the eggs served had been boiled "two weeks ago.” Rutkoski collected two large containers of food which, he said, may have caused the trouble. These were to be analyzed by chemists.

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WEALTH well befits Pat Tarver, Tony’s father, however. At 45, Pat is handsome, knowing, thoroughly at home under any circumstances, attractive to women and not averse to flirtation. Pat doesn't share his wife's belief that the younger generation is headed for perdition. Tony and “Peg” are enemies; Tony and Pat are pals.

Peter Voris, 73, of 2024 Central Ave., was cut and bruised when struck by automobile driven by Mrs. E. F. Schad. 1441 E. Vermont St., at Twenty-First St. and vDentral Ave., Friday. Injuries were pronounced not serious. Mr. and Mrs. Harold Floyd, 112 W. North St., were reported slightly bruised when struck by a street car at Virginia Ave. and Maryland St., where they were waiting for another street car Friday night. Samuel Harland, 82, is in serious condition with a fractured pelvis and other Injuries as the result of a fall at the home ol his son, Oliver Harland, 2123 N. Pensylvania St., Friday ngiht. He was taken to city hospital.

tended the search was illegal without a warrant. The State attempted to show the search was legal because of Bergen’s invitation to officers to “come in.” It was pointed out to the court that the Supreme Court had ruled that entry to private homes, without a warrant was illegal. “The holding of the Supreme Court is a disgrace to lawyers,” Judge Johnson said. “How will we enforce the prohibition laws under such conditions. “I am forced to discharge the defendant, but I hate like thunder to do it,” the court said as the defendant walked from the courtroom. NAME FUND DIRECTOR William J. Mooney Sr, Mooney-Mueller-Ward Drug Company president, has been named director of finance in Indiana for the national Democratic campaign, it was announced today. Reappointment of the wholesale druggist, former foreman of the county grand jury, was made by Herbert H. Lehman of New York, national finance director, on the recommendation of Indiana National Committeeman Charles A. rGeathouse. WEST’S DAUGHTER HERE Mrs. Helen Louise Cannon, 3530 Balsam Ave, is the only daughter of Roy O. West, hCicago, who was named secretary of the interior, succeeding Herbert Work, by President Coolidge Friday. Mrs. Cannon expressed delight over her fathers’ appointment. West is a Chicago attorney and has been prominent in Republican politics. He is known in Indiana because, of his activities in connection with the chairmanship of the De Pauw University board of trustees. New York Curb Opening —July 21— Amer Gas 15®, Amer R Mill 9m Cities Service 65V 4 Cont Oil 16*4 Durant 13 % Gulf Oil 124(4 Humble Oi 77% Imperal Oil Int Pete 38% Marmon 45 Ohio Oil 62% Prairie Oil and Gas 48 Prairie Pipe 207% Service Inc 13 Stutz 16 Standard Oil. Indiana 73% Standard Oil. Kens 21 Standard Oil. Ky 126% United L and P ...j 25% Vacuum Oil 75(1 Warner Bros (B) 49%

LOSS HEAVY IN STATE STORM; HEATISFATAL Farmer Dies of Prostration While Shocking Oats; Crops Damaged. Death of one man from heat, the prostration of a woman and storm damage are weather casualties in Indiana during the last twentyfour hours. William Meyers, 40, farmer, three miles west of Connersville, died within a few’ minutes after being prostrated by heat while shocking oats. Mrs. Maude Johnson nsport, waitress, was prostrate. ..hile at work, but her condition is not serious. The temperature in the city was 90 Friday. Damage estimated at thousands of dollars was caused by heavy wind, hail and rain storms in Grant and Howard counties. In the former, heavy crop losses were sustained, telephone and power lines blown dowm and trees uprooted. * Fruit and farm crops suffered in Howard County. Cherry and peach trees were shorn by strong wind and growing corn leveled. The damage was particularly severe in the vicinity of Greentown.. Richmond is enjoying some relief from the heat following showers and rain also lowered the temperature at Washington. Heat is delaying farm work in Batholomew County. Horses and hogs are dying with the thermometer registering as high as 96.

How the Market Opened

B’l United Press NEW YORK. July 21.—Early stock market dealings today were again quiet, and with little feature aside from heavy buying of Warner Brothers Pictures A, which ran up nearly 2 points to a further new high for the year. General Motors and Radio, after opening fractionally lower, both recovered to around the previous closing levels, while Steel common advanced fractionally on rather heavy trading. Good advances were scored by Case Threshing Machine. International Harvester and Union Carbide, but movements in the main body of stocks were agan limited to small fractions. Allied Chemical was also in demand. Chrysler was taken forward again, advancing fractionally, but changes in the other motor shares were negligible. Copper shares were in small demand under the leadership of Kennecott, which rose to anew high on the movement, while GreeneCananea advanced nearly a point on light trading. Montgomery Ward was quiet, but sold off moderately, while Sears-Roebuck was steady around Its previous closing levels. Describing the market, the Wall Street Journal’s financial review today said: “Trading in the early dealings was characteristic of Saturday in midsummer. Some accumulation of buying orders overnight caused a flurry of activity at the opening, but this demand was quickly satisfied and the marekt Immediately turned dull. “About the only animation noticeable was in issues benefiting from good trade conditions. Case Thrashing Machine was particularly strong.” New York Stock Opening —July 21— Ailed Chem 175*/, Amer Can 84% Am Tel and Tel 173% Amer Linseed 111% Anaconda 66% B. & 0 105 C. F. & 1 63 Chicago & Northwestern 80 Chrysler 72% General Electric 146 General Motors 187% Goodrich 75 Hupp Motors 57% Kenn. Cop 93% Marland 34% Mont Ward 166% Palse 32 % Fullman 81 % Phillips ....37 Radio 168 Rep Iron and Steel 55% Saers-Roebuck 116% So Pacific 118% S O. N Y 33% S O. N J 43 Union Carbide and Carbon 156% U S Steel 139% Warner Bros 56 Wtllys-Overland 20% Wrieht 150% BOY INJURED IN POOL Leonard Oliver, 12, of 22 E. Adler St, is in city hospital today with a sore chin. He was taken there from the Rhodius Park swimming pool Friday after he struck the concrete bottom while making a dive Hourly Temperatures • a. m.... 72 8 a. m.... 78 7 a. m.... 75 9 a. m.... 81

HOLMES WILL STEP OUT OF MAYORFIGHT No Rehearing of Case Is to Be Asked Before Supreme Court. HOGUE RULING SOON Game of Three-Cornered Catch for Office Ended by Decision. Ira M. Holems today announced he would make no further fight to occupy the office of mayor of Indianapolis. State Supreme Court turned down his claim to the office by an adverse ruling on his appeal late Friday. “I’m through and satisfied,” Holmes said. “ I do think, however, that all phases of the mayoralty tangle should be settled, so that every one will know just where legal title rests. I shall not ask for rehearing of my case and consider this action fianl.” The claims of Joseph L. Hogue are still to be -cted upon by the court. It was believed that final decision as to who is mayor of the city will be made soon. Based o.i Succession Right Holmes’ case was based on the right of succession to office through the office of city controller. The court pointed out in the decision, written by Judge Julius C. Travis, that upon resignation of the mayor the city controller becomes “acting mayor” and the controller whom he appoints “acting controller” and that the mayor’s chair is finally and defintely filled by election of a successor by the city council. Under this interpretation of the law’, Holmes “had no legal right to the office of mayor, either as mayor or as acting mayor,” the decision recites. This is based on the idea that he was appointed by Mrs. John L. Duvall, who had no more standing than that of an acting controller. Holmes came into office by appointment from Mrs. Duvall, whose husband had resigned the mayorship after being found guilty of violation of the corrupt practices act. When Duvall resigned he made Mrs. Duvall, then controller, mayor. She named Holmes controller and then resigned herself and let Holmes slide into the mayor's chair. The court's decision settled forever the idea that this sort of threecornered catch can be played with the office of mayor in Indianapolis. Decision Worded Carefully Decision of the court w r as worded carefully to avoid all intimation regarding their probable action in the Hogue case or the Duvall appeal. The former mayor has sought ruling from the high court on his corruption conviction. The Holmes suit was filed against both Mayor L. Ert Slack, present, incumbent, and Hogue. Referring to Slack's status, which may be ruled upon later, the court says: “It is no matter to the court in this proceeding as it has progressed so far. how slender may be the thread, by which appellee Slack holds office, and even further, it is not a subject of inquiry here by what right appellee. Slack, holds office unless it be shown by allegations well pleaded that Holmes has a legal right to the qffice of mayor.” Referring to the Duvall decision, the court declared: “It is unnecessary to consider that part of the information w’hich alleges the charge by affidavit that Duvall had committed a crime. . . . The question before us may be decided upon other grounds.” Hogue’s Suit Next Hogue's standing in this particular suit was set forth as follows: “It is alleged in the (Holmes) information that Appellee Hogue pretends to have some claim to the office and he is made a party to assert such right if he has any. Such allegation admits a claim of right of the appellee. Hogue, to the office. Inasmuch as Holmes has no rightful claim to the office he may not put Appellee Hogue upon his defense to assert his title in the proceedings. “The action of the trial court sustaining the demurrers of each of the appelles and the judgment is affirmed.” Hogue's suit Ms based on the Duvall decision, the jury in that case having ruled that Duvall, having violated the corrupt practice act, never was legally mayor. Hogue claims he succeeds to the office, as he was city controller under the late mayor, Samuel Lewis Shajik, who was succeeded in office by Duvall.

SOUDERSIMPROVES FROM INJURIES IN MOTOR RACE

Bn United Press DETROIT, July 21.—George Souders, racing driver, seriously hurt here last Sunday, is improved greatly, but still is suffering from temporary spells of unconsciousness, it was said at Highland Park Hospital today. No indication could be given of

Entered as Second-Class Matter at Postoffice. Indianapolis

When Mishaps You Ready? Summertime is accident time. When the swimming hole invites, when roads are crowded and when strenuous days are spent in the country, someone may get hurt. A life may be lost because you do not know what to do. Read FIRST AID IN EMERGENCIES, a series of ten articles prepared for The Times by Science Service. They’ll start in Monday’s issue of The Times.

AIRPORT FOR CITY ASSURED BY CIVIC BODY Slack Agrees to Cooperate With C. of C. in Obtaining Site. Assurance Indianapolis will have a suitable Municipal Airport was given today following conference Friday of Mayor L. Ert Slack and Chamber of Commerce officials, at which cooperation of the city and chamber was pledged. It was stated today the conference gave assurance the chamber will assume responsibility of <.he city in making sure of an adequate airport, until the city can act. The chamber will work with a committee representing the city. It was announced, today immediate steps toward obtaining such an airport are desired because the industrial commission of the chamber has a "live” prospect for a large airplane factory to be established here. Representatives of the new company will be here next week to view prospective sites. Slack agreed to name an airport committee to cooperate with the chamber and other groups in obtaining a suitable site and to operate the field after it is obtained. The aeronautical bureau of the United States Chamber of Commerce may be asked to send representatives here for a survey to determine the best site for the airport, it was said.

STEVE LOSES PLEA One Chance Only Left for Liberty. D. C. Stephenson, former Klan head of Indiana, now serving a life sentence in the Indiana State Prison for the murder of Madge Oberholtzer, today has but one avenue from prison left open to him. His other recourse was closed for all time Friday when the Supreme Court denied his petition for rehearing on the writ of habeas corpus. The remaining chance is the appeal now pending before the Supreme Court from the judgment of the Hamilton Court which sentenced him to life imprisonment. In a former opinion the Supreme Court had affirmed the decision of Judge Harry L. Crumpacker, in the La Porte Superior Court in December, 1926. denying the habeas corpus which Stephen: in sought on a writ alleging that the judgment of the Hamilton County court, where he was convicted and sentenced. was invalid. Judge Crumpacker refused to issue the writ, saying that the relief sought could be obtained in the appeal proper to the Supreme Court. The Supreme Court upheld this decision and on Oct. 25. 1927, a petition for rehearing was filed. COUPLE HIT BY CAR Man and Wife Injured; Struck by Trolley. Harold Floyd. 21, and his wife Jessie, 19, of 112 W. North St, were painfully bruised when they were struck by the rear end of a Prospect street car, as it turned the corner at Delaware St, and Virginia Ave, Friday. The car was in charge of C. J. Reading, 2116 Ringgold St, motorman. WATSON LEAVES TODAY Recovers From Eye Infection Sufficiently to Return to Capital. Senator James E. Watson was to leave today for Washington after recovering from an infection of the eye caused by a cinder. Senator Watson said the refusal of the Supureme Court to increase the penalty of Superintendent E. R. Shumaker for contempt was “justified.”

how much longer Souders must remain in the hospital. In addition to his fractured arm, X-Rays revealed concussion of the brain Souders’ wife and mother are here from Lafayette, Ind., to be with him. He has a special nurse because of his serious condition.

NOON

Outside Marion County 3 Cents

TWO CENTS

SHUMAKER TO LET LEAGUE DECIDE FATE Further Action in Battle Against Sentence Put Up to Dry Board. MAY GO TO HIGH COURT Attorney Ready to Appeal If Superintendent Sees Fit to Fight. Dr. E. S. Shumaker, superintendent of the Indiana Anti-Saloon League, today put before a special meeting of league trustees the question of whether he shall appeal to United States Supreme Court from his State Supreme Court conviction of contempt Shumaker indicated he had no great hope of escaping the $250 fine and sixty-day Indiana State Farm sentence imposed by the State court, even if he did appeal to the highest tribunal. Supreme Court late Friday affirmed the sentence, but denied the recommendation of Attorney General Arthur L. Gilliom that Shumaker’s sentence be increased because of his alleged attempt to get Republican State leaders to try po ltical influence in his behalf.

Write WiU Be Asked Meanwhile, James Bingham, Sr., his attorney, is prepared to file a petition for writ of certiorari in the United States Supreme Court. This writ asks the Federal court to permit entrance of the appeal from the Indiana Supreme Court on the Federal question of constitutional rights of free speech and under the fourteenth amendmer % which provides that “no State shall deprive any person of life, liberty or property without due process of law.” “On these grounds.” said Dr. Shumaker, "my friends believe we have a right of appeal to the United States Supreme Court. “It is difficult to tell if such appeal would be successful. It seems to me that the United States court dislikes to interfere in what it Considers purely State matters, and ether cases along similar lines have resulted in decision upholding the State Supreme Court. “If it were not for precedents, we might be able to achieve success. League to Decide “If my case had i>cen in the United States Supreme Court as the original court, that body would have refused to even consider it. “My friends want me to make a test case of this, but I must abide bf the decision of the board of the league ” - ■ Bingham declared that when the petition for rehearing was filed in Supreme Court, he was prepared to file the petition for writ of certiorari in the Federal Court, but halted the plea. “We have ninety days to appeal to the Federal Court and I am prepared to proceed if such action is deemed advisable by Dr. Shumaker,” the former attorney general said. Shumaker declared he had no comment to make, when asked if he would appeal to Governor Ed Jackson for commutation of sentence or pardon. It is known that the Anti-Saloon League head often has held that a pardon is not exculpation. Martin Is Cearcd The Supreme Court in its Friday opinion purged Jesse E. Martin, trustee of the league. - The Shumaker case was started in 1926, when Attorney General Arthur L. Gilliom filed an information in Supreme Court asking that Shumaker. Martin and Ethan Miles, Anti-Saloon League attorney, be cited to asnwer why they should not be held in contempt of the Supreme Court as the result of severe criticism of the court which appeared in the Feb. 6, 1926, issue of the American Issue, the Anti-Sa-loon League publication. The court found Shumaker guilty, purged Miles, and reserved action as to Martin, in a special session called Aug. 5. 1927. Gilliom then charged that Shumaker had attempted to have Senator Arthur B. Robinson and James E. Watson and other leaders of the Republican party bring their influence to bear upon the court. On Sept. 17,1927, Gilliom filed a recommendation that the penalty be increased, because of this new alleged contemptuous activity. Depositions of Watson and Henry Lane Wilson, former ambassador to Mexico, were introduced, and Robinson and Clyde Walb, former State Republican chairman, the latter now in Leavenworth Federal Prison, testified. The case was closed in December, 1927, and since then had been before the court. LEG BROKEN IN CAVE-IN Workman Badly Bruised When Ditch Collapses. Paul Buxton, 30, of Homstead Hotel, N. New Jersey and Court Sts, had ills leg broken and was badly bruised in a cave-in of a six-foot trench at Fifty-Seventh and N. Meridian Sts, this morning. He wak taken to cit yhospital. Buxton was working on the paving construction and is employed by the Vogel Construction Company. Y