Indianapolis Times, Volume 40, Number 54, Indianapolis, Marion County, 24 July 1928 — Page 1

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STEVE BALKS AT REPLIES IN GILLJOM QUIZ Maintains Silence When He Is Questioned About Madge Oberholtzer. DEMANDS HiS ATTORNEY Objects to Grilling When Counsel Fails to Make Appearance. BY CHARLES C. STONE. Times Staff Correspondent MICHIGAN CITY, Ind., July 24. —D. C. Stephenson stubborinly refused to answer questions in a deposition asked by Attorney General Arthur L. Gilliom today, because he was not represented by counsel. He further protested questioning when it took the line of his acquaintance with Madge Oberholtzer, for whose death he was sent to Indiana State Prison, for life. “Did you know Madge Oberholtzer?’’ Gilliom asked. “I decline to answer,” Stephenson retorted. When the attorney general referred to the girl’s dying statement. Stephenson declared: “An effort to 1 besmirch the name of a dead woman has no place in a prisoner’s effort j to confer with attorneys in private.” j Sticks to His Stand Gilliom proceeded with reading oi the statement while Stephenson preserved stoic silence. At the close, the former Klan dragon reiterated that the statement had no place in the hearing. Stephenson talked more freely when the questioning turned to his interpretation of the purpose of the deposition. He expressed satisfaction with Warden Daly’s attitude in permitting him to confer with his attorneys in conferences which resulted in motion of his attorneys Monday for dismissal of the mandate suit in Circuit Court at La Porte, demanding that private interviews with his lawyers be permitted. Stephenson, in prison garb and complete master of himself, was ushered into the presence of Gilliom, Warden Daly, John Moorman, prison board member, and newspaper men at 10:25 a. m. Demands His Attorney "Where’s my attorney?” he asked as he stood up to be sworn. “I don’t want to stand a Spanish inquisition.” “Your attorneys were notified and acknowledged receipt of notice,” Gilliom replied. Stephenson read passages from law books handed him by Gilliom bearing on the procedure. When Stephenson flatly declined to answer Gilliom’s questions half an hour after his entry, Gilliom read Stephenson’s statement that his conviction of murder was by a court without jurisdiction and that threats had been made to prevent his testifying in his own behalf. Stephenson pleaded that any question he might answer might jeopardize his rights. He declared his only aim was to obtain a writ of corum nobis, and that he was net interested in what he termed an “alleged appeal.” Wants to Appear in Court “I am very eager to lay the facts before a court,” he said, “but not through the newspapers.” Gilliom pointed out that courts are open to the public and that he saw no objection to answering questions in a hearing of this kind. “The courts compel answers to questions on allegation of fact,” Gilliom told Stephenson, who asserted he did not see the complaint in the La Porte mandamus suit until after it was filed. “But you are bound by acts of counsel,” Gilliom contended. Stephenson, however, held such was not the case and that he could correct documents of his attorneys without embarrassing them. Stephenson referred to his trial for murder at Noblesville as “a burlesque on justice.” Stephenson found fault with the prison records, produced by Gilliom, purporting to show that twenty attorneys had visited Stephenson in his cell. Robert Moore, who represented Stephenson in the mandamus suit at La Porte, was the most frequem aller, according to the records, with forty-six visits to his credit. Twenty Visits by Hill Lloyd O. Hill, of Indianapolis, was second with twenty visits. Hill and Paul Newman, also of Indianapolis, are his only “regular attorneys,” Stephenson said. “Not that often” was Stephenson’s comment as lawyer’s visits were recounted, but Gilliom insisted prison records proved the prisoner had not been prevented from seeing attorneys as provided by prison rules. The questioning then was directed toward a thorough understanding as to what visits and wha privacy Stephenson was to expect in the future. Muncie Cop Suspended /j'; Times Special MUNCIE, Ind., July 24. —Patrolman Atlee Cassell was suspended Monday by tht board of safety for being off his beat Sunday without leave. His suspension is to continue five days during which time the board will investigate the charges.

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The Indianapolis Times Mostly fair tonight and Wednesday. Not much change in the temperature.

VOLUME 40—NUMBER 54

Beautiful —and Capable The “most beautiful blonde on Capitol Hill” will play an important part in the Administration if Hoover and Curtis are elected in November. She is secretary to Charles C. Curtis, vice presidential nominee, and rated tne most efficient in her work of any girl in Washington. Her name, incidentally, is Lola Williams. Her phone number ?

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ECHOES OF STEVE TRIAL MAY HOVER OVER COURT IN SKEEN MURDER CASE

Death Cheats Fourth of July Injuries Are Fatai on Eve of Boy’s Outing.

SAMMY SILVERMAN. 12, was to have gone to the Jewish Federation camp on Millersville Rd., Monday for a glorious twoweek vacation. t Instead, Sammy’s body lies at 123 W. Walnut St., today while his father, Ben Silverman, grocer, his mother, his brother Harry and sister Anna carry on the ancient Jewish rites of lamentation. Sammy, a former Indianapolis Times newsboy at the Union Station, died in city hospital Monday of lockjaw, victim of too enthusiastic pre-celebration of the Fourth of July. Two days before the Fourth he fired a blank cartridge pistol. Powder burned his hand. His hand was dressed and he was given a serum injection to prevent complications at city hospital. tt tt tt t THE Fourth came and Sammy celebrtaed without ill effect for his hand was rapidly healing. He got along so well that plans for his trip to the camp were completed. Thursday night he complained of a pain in his back and Friday lie was taken back to city hospital. Doctors discovered he was suffering from tetanus, He died on the night he was to have gone to camp. An empty bunk and place at the table at the camp were Sammy’s memorials today. THIEVES TAKE LAUNDRY Washings Stolen Valued at Several Hundred Dollars. Many a shirt will not “come from the wash” this week. Thieves, who broke into the Lux Laundry, Fifty-Third St. and Winthrop Ave., last night, are believed to have stolen a large number of shirts, towels, sheets and other laundry. Tony Lux, the proprietor, said estimates of the loss could not be made until owners check their washings, but police believe it will run into several hundred dollars. Admiral Saved in Yacht Wreck PARIS, July 24.—Admiral Sir E. Seton Heaton Ellis and two guests were rescued when the yacht, Sans Souci, sank off Cuxhaven. One of the guests, James B. Dixon, suffered a broken leg.

Big Fight on Air The Indianapolis Times and the Indianapolis Power and Light radio station, WFBM, will broadcast the Tunney-Heeney heavyweight title battle Thursday night, for the benefit of Indianapolis and other Indiana fight fans. The main bout only will be put on the air by WFBM, hooked up with the National Broadcasting Company network, which is broadcasting the championship fight under auspices of the twentysix Scripps-Howard newspapers. The Tunney-Heeney fight is scheduled to start not later than 9 o’clock, Indianapolis time. Tune in on this biggest radio treat of the season.

State Again May Press Legal Obligation of Accused to Help Victim. A ghost of the D. C. Stephenson murder trial may hover over Criminal Court this week when Carl Skeen, 22, of 814 Foltz Ave., faces a jury for the death of Mrs. Pearl Jarboe, 24, waitress, who fell or was pushed from his car June 12. One of the circumstances of the Klan dragon’s trial at Noblesville was the theory of the State that he was bound by duty and law to seek medical aid for the suffering Miss Madge Oberholtzer, for whose murder he was convicted. It was shown that almost two days elapsed between Stephenson’s attack on Miss Oberholtzer and the first medical attention given her. In the Skeen trial, if the State is unable to prove that he pushed her from his car, causing her to receive the fractured skull that brought about death, the prosecution may rely on the same theory. Would Put Blame on Skeen A further analogy between the Skeen and the Stephenson cases, which may develop during the trial, is the theory that Mrs. Jarboe was put in such a state of fear that she nought to end her life, or at least escape the clutches of Skeen, as Miss Oberholtzer attempted suicide after her night train ride to Hammond with the former Klan dragon. Such a theory, if borne out by testimony, would plac' the blame on Skeen for causing tin fear, as it did on Stephenson for being the cause of Miss Overholtzer’s taking bichloride of mercury tablets. Skeen’s trial, originally set for Monday, was postponed In the court’s efforts to clear all jail cases before August vacations start. It is likely he will go to trial Wednesday, but if the calendar is not cleared by then, it will be Thursday, Chief Deputy Prosecutor Judson Stark said. Stark and Prosecutor William H. Remy will push the State’s case, while Thomas C. Whallon and Earl Cox are Skeen’s attorneys. Judge James A. Collins will preside. Just what Skeen’s defense will be has not been revealed by Whallon. Although he is charged with first degree murder, the jury is allowed to find him guilty of any of the lesser degrees, such as manslaughter, punishable by less severe prison terms. Hourly Temperatures 7 a. m 63 10 a. m 75 8 a. m 69 11:00 A. M.... 77 9 a. m 73 12:00 (n00n).79

INDIANAPOLIS, TUESDAY, JULY 24, 1928

RASKOB QUITS MOTORS POST TO AID SMITH

Withdrawal as Chairman of Finance Division Is Only Temporary. FIRM OUT OF POLITICS Leader to Resume His Post After*Campaign: Stock Drops, Recovers. Bn United Tress NEW YORK, July 24.—Alfred P. Sloan Jr., president of the General Motors Corporation, announced today that the board of directors had accepted “with much regret” the resignation of John J. Raskob as chairman of the finance committee of the big automobile concern. Sloan said that Raskob’s withdrawal was only temporary and that he would resume his post at the conclusion of the presidential campaign of Governor Alfred E. Smith, which Raskob has undertaken to direct. Raskob also resigned as a member of the executive committee of the corporation, severing, as he said, “all my connections with the company.” Sloan's statement said: "The resignation of John J. Raskob, chairman of our finance comtee, has been under consideration and it seems to the interest of both he corporation and Mr. Raskob to accept same. This has been done with s he greatest regret on the part of the entire organization.” In a letter to Sloan, Raskob explained he wanted to give up his duties, i.ot only because of the demand made unpon him as chairman of the national Democratic committee, has been under consideration can not be in politics. Sloan, in the reply expressed his hope that Raskob would resume nis duties with the corporation after the campaign. Reports that Raskob was quitting brought on a flood of selling orders into General Motors common stock in the early dealings on the New York Exchange, and the issue broke nearly 3 points before support was met. When announcement of Raskob's withdrawal was made, however, the stock quickly recovered its early loss on heavy trading and at 1:30 was net ‘2 point lower at 186 7 4. Smith Sets Date Pfl United Press ALBANY, N .Y„ July 24—Governor Alfred E. Smith announced today that he had selected Aug. 22 as the date on which he will be notified of his nomination as the Democratic presidential candidate. The ceremonies will begin at 7 p. m„ eastern daylight saving time, on the steps of the State Capitol. Smith may have to assume responsibility for the Democratic State ticket, in addition to mapping out his presidential campaign. The Governor’s attention has been directed to the State situation by the fact that so far his State leaders have been unable to agree on a candidate to succeed him, and the task of selecting a nominee is believed to have been put up to him. It is the first time in ten years that the leaders of New York State Democracy have not agreed on a candidate to head the State ticket. Since 1918 Smith has been the unanimous choice. The situation places the presidential nominee in full control of the State organization.

SHUMAKER SILENT Must Not Speak, Only Comment of Dry Head. “I am under an injunction of silence; there are reasons,” was the only comment to be drawn today from E. S. Shumaker, Indiana AntiSaloon League, on the possibility of his appealing to the United States Supreme Court from decision of the Indiana State Supreme Court that he must serve sixty days on the Indiana State Farm and pay a fine of $250 for contempt of court. Decision whether appeal shall be taken or Shumaker advised to serve his term rests with the headquarters committee of the league which conferred Monday without announcing its recommendations. Members of the committee. Dr. W. B. Farmer, Dr. C. H. Winders and Dr. Ernest N. Evans, only would say they were “working on a proposition.” This strengthened the general belief that appeal would be addressed to the highest court in the land. SENTENCED _ FOR ARSON Negro Given Two to Fourteen Years in State Prison. Eugene Henry 36, of 642 Johnson St., Negro, was sent'need to two to fourteen years in Indiana State Prison today in Criminal Court for first degree arson. Henry was accused of twenty-five cases of arson when convicted several years ago and sentenced to a similar term. /' In today’s case, he was found guilty of setting Are to the home of W. E. Cristie, Negro, next door to his Johnson St. home, in April*

Ouster Is Demanded of All Obregon Foes in Mexican Posts

Fore! Bu United Press WILLOW SPRINGS. Mo., July 24.—Lightning struck the upraised mashie of Maurice Triplett in a storm here and knocked him unconscious. Physicians said he was saved from death by perspiration, which diffused the effects of the current.

SEA HOP HALTS; MOTORJS BAD Resumption of Brest-N.Y. Round Trip Is Delayed. Airmen in Azores. Pj/ United Press PARIS, July 24.—The flight of the airplane La Fregate, which now is at the Azores on a trans-Atlantic venture, can not be continued for a week, the ministry of the marine announced today. Lieut. Jerome Paris, pilot of the trans-Atlantic seaplane, must await at the Azores for repair parts for his forward motor before starting for the United States, the ministry announced. One Motor Is Dead Dp United Press HORTA, Azores, July 24.—One motor of trim white seaplane La Fregate has gone dead and resumption of the round trip Atlantic flight may not be made until anew motor arrives from France. Lieut. Paulin Louis Jerome Paris, commander of this latest notable air adventure, worked diligently with mechanics today to repair the difficulties that appeared in the forward motor of the plane as the La Fregate was about 200 kilometers from Horta on its flight from Brest. Paris and his two aides—Relief Pilot Marrot and Radioman Cadou —landed here Monday. They had made the 1,600-mile flight from Brest in a little less than fourteen hours.

SLASH TRACK LEVY Reduction of Elevation Fund Is Predicted. Reduction of the track elevation levy in the 1929 budget to 3 cents was forecast today by Oren S. Hack, works board president. The board first decided to ask a 4*2 cent levy, but several conferences have resulted in the decision that the 3 cent levy will be sufficient to carry on the program for the next year, aiding the Slack administration to reduce the tax rate. It is said the city officials expect the track elevation work to be tied up with litigation for another year or so. A 6 cent maximum is provided by law. The funds accumulate each year to pay for the elevation work. The levy last year was 3 centsTrack Elevation Engineer M. N. Beebe has urged the maximum rate so the fund will accumulate when the city is ready to go forward and save issuance of bonds. Mayor L. Ert Slack is understood to be making some large cuts in the works board budget.

GETS ‘3-IN-U SENTENCE

Will Serve Terms on State Farm Concurrently. Edward Manning, who was sentenced in the municipal court here, July 10, to serve 180 days at the State Farm and pay SSOO fine for drawing deadly weapons, and sixty days and SSO fine for assault and battery, will serve these sentences concurrently, with a Porter Circuit Court sentence of eight months and SIOO fine for petit larceny, the attorney generals office ruled today. R. H. Howard, superintendent of the State Farm in a letter to the attorney general asked whether the sentences were to be servd concurrently. JAILED FOR CAR THEFT On Probation for Burglary Is Sent to Prison. Robert Goolsby, 23, of 333 S. Rural St., who has been found guilty of burglary, was found guilty today of automobile theft and sentenced to one to ten years in the Indiana State Reformatory by Criminal Judge James A. Collins. On the burglary charge, Goolsby was placed on probation on a suspended sentence. He was charged today with the theft of an automobile belonging to Robert Gebert. 1617 Draper St. Educator Found Washing Cars lUI United Press MERIDEN, Conn., July 24.—Harry French, head of the commercial department of Meriden High School, was found today washing motor cars and said he was “earning my groceries.” <■

Entered as Second-Class Matter at Postoffice. Indianapolis

Labor Party Blamed for Death of Leader; Morones in Hiding. By G. F. FINE United Press Staff Correspondent MEXICO CITY, July 24.—Demand for removal of Labor party men from all governmental offices throughout the country was made today by the powerful union of revolutionary parties. The union has accused the labor party of '‘psychological authorship” of the assassination of PresidentElect Alvaro Obregon. Luis N. Morones, head of the labor party, already had resigned his post of minister of commerce, industry and labor in the cabinet, along with two fellow-officials, at the demand of the party. The demand now would mean removal of labor men from posts as governors of states, municipal officials, and as senators and deputies in the Legislature—a complete political ouster. The demand was drawn up in the form of a petition to President Calles, and represents the views of all Obregon supporters for whom the revolutionary party leaders speak. Morones was reported to be in hiding today, fearing attack, as the country awaited publication of the confession police announced they had obtained from Jose De Leon Toral, Obregon’s assassin. Gen. Rios Zertouche, newly appointed chief of police, announced Monday that Toral had made a complete confession. He said details soon would become public. Zertouche also said that the Catholic clergy, blamed orginally for ’nciting the assaslnation of Obregon, was giving great cooperation in getting details of Toral's story.

ARGOS YOUTHS K'LLED IN MOTORCYCLE CRASH Two Boys Fatally Injured in Collision With Wagon at Night. Pj! United Press ARGt)S, Ind., July 24.—Two youths are dead here today as the result of the motorcycle on which they were riding crashing into the rear of a wagon near here Monday night. The youths are Dan Hardesty, 18, and John Denero, 14, both of Argos. The skulls of both lads were crushed. Hardesty was piloting the motorcycle. The boys are survived by their parents, who are Mr. and Mrs. Tom Hardesty and Mr, and Mrs. Louis Denero, all of Argos. The wagon was carrying a lantern at the time of the accident, according to its owner. John Hartley, farmer living three miles southeast of Argos. WATCHMAN IS ROBBED Ten or Twelve Men Overpower Negro at Gravel Company. John Tear, Negro watchman at the White River Sand and Gravel Company, told police that ten or twelve men overpowered him Monday night and robbed him of $4.50. They drove up to the place where he works in two automobiles, he said. All appeared to be youths under 20. STATE BANK LOOTED Four Robbers Flee With Cash in Auto. Bu United Press KENDALLVILLE, Ind., July 24. Four unmasked bandits today robbed the Wawaka State bank, near here, and escaped with considerable currency. A complete check of the loot was not obtainable. The badits covered Fred Schwab, cashier, with guns and ordered him to lie on the floor. The robbers then cut telephone wires, scooped up the money, dashed to their automobile, waiting outside, and sped away. Noble county vigilantes immediately took up the chase.

POLICE PROBE NEW ‘TIPS’ IN SLAYING OF OFFICER

Reports of persons seeing the pair of bandits who killed Motor Policeman Paul Miller one week ago tonight, continued to come into headquarters today. Each “tip” is being thoroughly investigated by police and detectives under orders of Police Chief Claude M. Worley. He urged that an information regarding their possible whereabouts be given to him and thanked citizens for their cooperation Late Monday detective squads were sent to inspect a woods near Brownsburg, where, it was reported, a wounded man has been hiding. They found no one. One of the pair of slayers is thought to have been wounded in the arm by Roy Banks, partner of Miller, who emerged from the Schaller and Cole drug store, 2502

MAN HUNT SWEEPS STATE; TWO OFFICERS, ESCORTING THREE PRISONERS, VANISH Posses Search District Between New Albany; and Bedford; One of Captives, Dazed, Finally Is Apprehended. RUMOR CONSTABLE’S BODY FOUND Search Leads Through Wooded, Hilly Country; Recalled Lafayette Case, Ending in Murders. (By United Press) A man hunt extending over almost all of south central Indiana was in progress today as citizens joined officials in a search for two officers, who have not been seen since they accompanied three prisoners away from New Albany, Ind., to bring them to Bedford, yesterday afternoon. The prisoners, Alfred Smith, also known as Spike Johnson; Mike Alimons and John McMurphy, had been fined in New Albany on misdemeanor offenses. After passing of sentence the three proposed that the two officers be sent with them to Bedford, their home, where they could obtain money to pay their fines, amounting to approximately SIOO. Constable Chester Wright and Deputy Sheriff Lloyd McBride were chosen and started with the men at 1:30 yesterday afternoon. None of the men had been seen until 11 o clock today, when Smith was found in Bedford.

BID MYSTERY 'COVERED UP' School Coal Contract Goes at Higher Price. An attempt of Albert F. Walsman, public school business director, to tell “what happened the other day” in connection with receipt of bids for school coal, was stopped promptly In a special school board meeting today by President Theodore Vonnegut. And so the mystery of why a contract for approximately 2,000 tons of West Virginia coal went to a bidder who was 5 cents a ton higher than another on West Virginia coal from the same county, went officially unexplained. Before the board started considering bids Walsman started to say something “about what happened the other day.” Vonnegut immediately interposed, “I don’t think we had better go into that.” Several minutes later Board Member Fred Kepner moved that the West Virginia contract be given to the Marion Coal and Supply Company for $5.12 a ton. Mrs. Lillian Sedwick, board member, leaned forward and in a low voice murmured: "Oh, no, not that company.” Kepner held a whispered consultation with Mrs. Sedwick and then moved that the contract go to the Peoples Coal and Supply Company at $5.17 a ton. WORK OFFICIALLY OUT Resignation as Interior Secretary Formally Accepted by Coolidge. Bu United Press SUPERIOR, Wis., July 24.—President Coolidge formally has accepted the resignation of Secretary of the Interior Hubert Work, it was announced at at the executive offices of the summer White House here today. Mr. Coolidge praised Dr. Work’s service in the department in a statement. Work resigned to take up the work of national chairman of the Republican party. TOURS POSTAL - "SITES Assistant Postmaster General Will Study Public Building Problems. Bu United Press WASHINGTON, July 24.—John Bartlett, first assistant postmaster general, will leave Wednesday for a three weeks’ tour of middle and northwestern States to study selection of sites and other problems growing out of the public building program.

Station St., just as the bandit pair was pouring four shots into Miller’s body. The men had been loafing in front of a nearby grocery when the motor police arrived on call from the drugstore that a pair of suspicious characters were in the vicinity. The murder of Miller came twenty-four hours after the killing of two automobile bandits by police. Two men giving the names Paul Hawkins, 35. St. Louis, and William Dougherty, 36, Springfield, 111.. were arrested near Eagle Creek and W. Michigan St., by police Monday. Hawkins had a scar on his arm. thought to have been caused by a burn, and persons seeing him told police that he might be the wounded bandit. Both men were held for questioning on vagrancy charges.

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He said, when questioned, that the officers had brought them to Bedford and placed them in a hotel room. “They kept us there with guns on us all night,” Smith was reported to have said. “Then this morning they let me call my wife and she brought tne money down to pay the fines. After that the officers started for New Albany.” Smith said he did not know where Alimons and McMurphy had gone. Officers said Smith was in a "dazed” condition. Posses Search District Meanwhile, hundreds of citizens combed the territory between Bedford and New Albany, in hopes of finding the two officers. Belief was expressed that, since posses had left both New Albany and Bedford, had the two officers been here this morning someone would iiave seen them along the road. The territory in this section of Indiana is hilly and wooded in many spots and posses found it difficult to search along the road side. A report spread over New Albany that Wright’s body had been found, but no confirmation of this was received. Despite an attempted check, the rumor persisted that the body had been found. It was thought that Smith would undergo further questioning, as soon as officers, out on the search, came into the city. Recalls Lafayette Killings Today’s man-hunt recalled a similar one a few months ago, when John Burns and Samuel Baxter, two prisoners, disappeared from Lafayette with Officers Wallace McClure and John Grove. Several days’ hunt followed, culminating with the finding of the bullet-riddle bodies of the officers in a wood. Burns and Baxter, were not heard from for several weeks, but Burns finally was captured when he returned to his home in Lafayette. He was sent to prison for life, on a murder charge. Baxter still is at large. The two officers left Lafayette with the two prisoners for Pendleton reformatory, and were not seen alive after leaving their home city, JAILED AS EMBEZZLER Druggist Gets One to Ten Years in State Prison. Arthur C. Stephenson, 38, Whiting (Ind.) druggist, was senteced to from one to ten years at Indiana State prison by Criminal Judge James A. Collins today after being found guilty of embezzling $1,500 from the Mooney-Mueller-Ward Company, wholesale druggists of this city. Stephenson borrowed the money from the local firm while a druggist at Attica, Ind. He gave notes belonging to him as security and later came back and got them for collection. He collected on'the notes, but didn’t pay the company, according to testimony. Poor Crops Cause Suicide Bu Times Special ROCKPORT, Ind., July 24. Failure of his crops is believed to have caused Charles Brown. 54, to commit suicide by jumping into his cistern at his farm, eleven miles north of here Monday night. He is survived by his widow and eight children.

Jail, James NEW YORK, July 24. Apostolas Chamberlain was arrested for stealing a pair of $3.45 gloves, took the patrolmen to the station in anew expensive sedan and told the Judge he had just completed a summer home at Long Beach. He was held in SSOO bail.