Indianapolis Times, Volume 40, Number 92, Indianapolis, Marion County, 6 September 1928 — Page 1

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BROTHER OF BLAST VICTIM THREATENED WITH JAIL TERM FOR CONTEMPT BY COLUNS Elder Libowitz Is Ordered Into Court for Warning After Trying to Chase Fire Marshals From Hospital. $50,000 BOND HINTED IN CASE Holmes, Fire Suspect’s Lawyer, ,Sits Silent During Reprimand; Papers Found in Store Safe Given Remy. Albert Libowitz, 39 N. Jefferson Ave., brother of Harold Libowitz, the key witness in a sweeping investigation of the Traugott clothing store explosion, was threatened with a jail sentence for contempt of court today by Criminal Judge James A. Collins as a result of Libowitz’ attempt to keep officials from talking to his brother. “If I have to subpoena you into this court again for your conduct,” Collins told Libowitz from the bench, “I’ll send you to the county jail for contempt.”

Libowitz was in court on a Subpoena from Collins as a result of his ordering two deputy State fire marshals from his brother’s room at Methodist Hospital, where the brother Harold lies. Harold Libowitz still is a prisoner in the custody of Criminal Court, nltiiouEh his attorney, Ira M. Holmes, has posted a $25,000 surety bond with the sheriff. He is in Methodist Hospital with gerious burns, suffered in the explosion the night of Aug. 26. He was found beneath flaming timbers back of the wrecked store, 215-217 W. Washington St. Judge Collins has declared Harold Libowitz will not be under bond until he has approved it and Holmes has not appeared with the bond for approval. “Even if that bond is presented to me, I may not approve it. The bond may be $50,000,” Judge Collins said. „„ i Holmes Sets Silent As Libowitz was being reprimanded by Judge Collins, Attorney Holmes sat near by, but took no part in the matter. Holmes and Libowitz left the building together. "I do not understand this situation,” said Judge Collins to Libowitz, “when this court and the police ana every one else are trying to cooperate with you. I don’t see why you persist In interfering. Collins had recited the manner in which Libowitz, near death in the detention ward of city hospital, had been transfer-ed to a private room in Methodist Hospital, where he could be better cared for.

Judge Called From Bed “I was called out of bed at midnight last night and told you had ordered two fire marshals and the nurse out of the hospital room. I ordered you slated for interfering with, an officer, and this morning I subpoenaed youj into this courtroom.” When Deputy Marshals G. W. Myers and Rollie Granger, who hitherto have not been heard of in the fire marshal’s investiation of the explosion, appeared at Harold Libowitz’s room at the hospital Wednesday night they found Albert Libowitz on guard at the door. Barred From Boom '“This is my affair and I’m not going to allow any one in to see him,” they said Albert declared. He refused to permit a nurse to enter, too, they said. The marshals called police headquarters and Motor Policemen Claude Kinder and C. O. Johnson went to the hospital and arrested Albert on a charge of interfering with an officer. They locked hm up at headquarters, and for several hours he was held while attorneys attempted to get him free on bond. Finally officers permitted him to go under SIOO bond, signed by Carl Nimal, professional bondsman. “I sent your brother out to Methodist Hospital,” continued Judge Collins, “as a matter of humanity. It is no business of yours to interfere. “Sergt. Grover Hinton, on duty at the hospital, phoned me yesterday that you told him he could leave, since the bond had been posted. I told him to stay there until told to leave by this court, and not by you. “The $25,000 bond was found this morning in the Criminal Court box

At the Fair FRIDAY Indianapolis Day Horse and cattle judging in the coliseum. Swine judging in the swine arena. Horse pulling contest 9 a. m. in front of grandstand. Horseshoe pitching 8 a. m. in front of grandstand. Races and vaudeville in front of grandstand in afternoon and rodeo at night. Special feature program at horse show in coljseum. 7 p. m. Sale of beef calves in coliseum, 1 p. m. Gates open at 6 a. m. The fair is operated or, central standard time. •

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The Indianapolis Times Mostly fair tonight and Friday, slightly warmer Friday

VOLUME 40—NUMBER 92

in the sheriff's office. No one seems, to know how it got then. It was returned to the United States Fidelity and Guaranty Company with the information that this court transacts business from the bench, not through notes left in boxes.” Holmes had explained previously to newspapermen that the last he saw of the bond was when he left it in the sheriff’s office, presumably approved. “The customary manner of approving a bond is to leave It with the sheriff. I have not been told Judge Collins wants to see that bond before Libowitz is released. “I have been told to stay away from the boy, to let him get well. That’s our only purpose in getting him on bond, to end all this grilling and questioning by police and State officers.” Prosecutor William H. Remy asked that Libowitz be ordered to quit telling his brother not to talk to anyone until Holmes is allowed a free conversation with him. Wants to Be Orderly This Judge Collins denied, saying he could not tell Libowitz what he can or can not say to his brother. “May I ask a question?” asked Libowitz as Collins started to leave the bench, “May I act as his orderly, and remain in his room?” “I have no desire to regulate your ingress or egress from the hospital, but I can stop you from walking up and down corridors and ordering officers on duty there, from the hospital,” Collins answered. Officials working on the Traugott explosion turned their attention to two hearings for Homer Wright, 27,' of 1129 N. Alabama St.

Edward Traugott, one of the store owners, was In Wright’s apartment Aug. 21 when Wright was arrested for questioning on the machine gun murder of Edward Eckerlee, alias Shannon, near Clinton, Ind. Holmes, also attorney for Wright, has been making strenuous efforts to get Wright free on bond. He is held on a charge of being a fugitive from Dayton officers under $5,000 bond. Seek Freedom on Bond A hearing on the fugitive charge was scheduled before Collins at 1:30 this afternoon. Dayton police and Guy Marlett, cashier of the Dayton Savings and Trust Company Bank, were to be in court. It is charged Wright was involved in the $5,000 robbery o' the Dayton Bank Aug. 3. A Federal officer from Louisville also was expected to be present. Wright is under Federal charges In Kentucky. At 2 this afternoon Superior Judge William O. Dunlavy was to hear the petition of Wright for liberty un<jer a writ of habeas corpus, on the ground police hold him under excessive bond, with no real charge against him. Take Papers in Safe

Prosecutor Remy obtained from the fire marshal’s offlco today a hand truck load of papers, files and books taken from the Traugott safe after the fire. In the matter was a kodak picture of D. C. Stephenson, his lieutenants, Earl Klinck and Earl Gentry, and several other persons standing on the front porch of the former Grand Dragon’s old horpe in Irvington. Fred King, legal adviser of the fire marshal, declared a report some Stephenson documents were in the safe was unfounded. INGERSOLL, DOLLAR WATCH KING, DIES Inventor Succumbs at 69 to Illness of Many Years. Bn f nitcd Press DENVER, Colo., Sept. 6.—Robert H. Ingersoll, the man who gave America the dollar watch, is dead. Ingersoll, who was 69, succumbed Wednesday to an illness which for many years confined him to his bed. DROP ARCTIC SEARCH Bu United Press OSLO, Norway, Sept. 6. The navy department decided today to discontinue the Arctic search for Roald Amundsen. The search along the Norweigian coast for further traces of his plane, a pontoon of which was found last week, will be continued.

Champions Pass in Review at Fair

(HINKLER QUITS j i AS DRY CHIEF p T ■ j ' designs to Push Campaign | ' J| ' J|ik on faitr To.. H YU , George L Winkler, deputy prohl- mtSgAjLSf lition administrator for Indiana, m oday announced his resignation. f v 'fleetive Saturday evening, in order

WINKLER QUITS AS DRY CHIEF Resigns to Push Campaign for Sheriff. Picture on Pa-fte Two. George L. Winkler, deputy prohibition administrator for Indiana, today announced his resignation, effective Saturday evening, in order to carry on his campaign as Republican nominee for Marion County sheriff. James G. Browning, agent in charge of the South Bend dry office, under Winkler, will take his place temporarily. Browning has been connected with the dry forces for six years. Agent Conrad Bivins, who has been assigned as an investigator, will have temporary charge of the South Bend office. Temporary appointments were announced by William N. Woodruff, Columbus, Ohio, acting administrator for the district embracing Indiana and Ohio, who was here today conferring with Winkler. Winkler explained his resignation was occasioned by civil service regulations prohibiting civil service appointees from taking an active part in politics. Winkler has had eighteen years experience in Indianapolis as a law enforcement officer, eleven years of which was on the Indianapolis police force, and seven years with the prohibition service. He was appointed to the prohibition force as group chief in January, 1921, and was stationed here four years. In January, 1926, he returned to the police force as a captain, returning to the prohibition forces Jan. 14, 1927, as deputy administrator for Indiana, in which capacity he has remained.

AL TALKS SLATED Speaks in Omaha, Denver, Oklahoma City. Bp United Press _ ALBANY, N. Y., Sept. 6.—Governor Alfred E. Smith will open his speaking campaign in the heart of the wheat belt at Omaha, with a speech there the night of Tuesday, Sept. 18, he announced today. The preliminary itinerary calls for a second speech in Oklahoma City, Sept. 20, to be followed by an address at Denver, Col., Sept. 22. These were the only speeches announced today. Hourly Temperatures 7 a. m.... 55 11 a. m.... 69 8 a. m.... 56 12 (noon). 71 9 a. m.... 62 1 p. m.... 72 10 a. m.... 65

BLIND, DUMB AND DEAF GIRL WINS FAIR WEAVING PRIZE

t>ACK of the mist which renders the eyes of the blind sightless there is in the words of Socrates more determination than in “all the world of those who can see.” And that’s why they prepared today to tell brown-haired Hazel Johnson that she, a blind girl, triply handicapped by inability to talk or hear,, has woven a wool hand purse which easily captured first honors at the State fair. It was less than a month ago that Hazel took up weaving. She, of course, could not read the printed patterns, but that caused little worry. She immediately set to work and made her own pattern- in the Braille system, which is read with her fingers. There was a few minor tasks and then Hazel began work on the purse. It took her less than two weeks of one hour a day work to complete the job. Few of those

INDIANAPOLIS, THURSDAY, SEPT. 6, 1928

Winners in many contests at the State Fair are making the! • appearances as the fair nears its end. Upper left. Dearborn County judging team, winners on all classes of livestock, who will represent Indiana at the international junior judging contest at Chicago in December. They are. left to right, Wesley Taylor, Clyde Wilbur, Albert Probst and Earl Miller, all of Auro, Ind. Upper right, Madam Emily, five-gaited mare shown by H. K. Hill, Pee Wee Valley, Ky., that won first prize in the mares' division at the fair. Center, left, Mrs. A. Hastings Fiske of Indianapolis mounted on Miss Peggy Fiske, winner of the SSOO Indiana stake at the horse show. Center, right, John Van Hoy of Loogootee, Ind.. and the first prize Angus steer he entered, reserve champion over all breeds at the calf club show. * „ , , Lower, Joe Porter, left, of Hartford City, and Jimmie Risk of Montpelier, the Blackford County horseshoe pitching champions. They won fourteen games, losing none.

AIR DERBY PLANE EXPLODES; CRASHES

Two Fliers Injured in Smash at Rushville; Entries Over State. Bit United Press RUSHVILLE, Ind., Sept. 6.—An airplane, believed to be one of the transcontinental racers, crashed near here today, but neither of the two occupants of the plane was injured seriously. Witnesses said that apparently the motor exploded while the plane was several hundred feet from the ground. Both occupants of the plane immediately were taken to the Rushville hospital, but after treatment they left the city on a traction car, without giving their names.. One of the occupants of the plane told a bystander that he was “from St. Louis, spent the night In Columbus, and was on my way to Terre Haute.” The plane was a Curtiss and was wrecked completely. It was not knowm whether the plane was that flown by Dan A. Robinson, St. Louis, a Curtiss entry in the race. Rowland In St. Louis Bit United Press ST. LOUIS, Sept. 6.—Still showing his rudder to the pack, Earl Rowland. Wichita, Kas., led the transcontinental air derby into St.

who see could have done it faster. The occupational therapy department of James Whitcomb Riley Hospital thought her work good And they exhibited it.

The School Page Again The Times Friday will resume publication of its school page, which proved of so much service and interest to parents and school children of the city last year. Complete information as to opening plans of all public and parochial grade and high schools in the city will be given. The official list of books to be purchased for pupils in all grades, with school board prices, also will be printed. In addition to the news of Indianapolis and county schools, opening programs of Indiana’s most important colleges will be published, with information as to registration, faculty changes, building and other improvements during the summer season. Don't miss the first school page of the season. It’ll be brimful of news that’ll interest every one in the family. And don’t miss it any time this year. It’ll be published, as usual, every Friday in The Times.

Louis today, landing his Cessna monoplane at Lambert St. Louis field at 10:21 a. m. He had left Columbus. Ihio. at 7:49 a. m., arrived at Terre haute. Ind., at 8:37 a. m. and left there at 9509 a. m. Other planes arrived at close intervals. Leave Terre Haute Bu United Press TERRE HAUTE, Ind., Sept 6. Some thirty planes, competing in the Class A division of the transcontinental air race, stopped here for a few minutes today and .then departed for St. Louis the next stop, in the race itinerary. The planes had left Columbus, 0.. the overnight stop, this morning and Earl Rowland, the winner of made the distance in 1:48 minutes One plane, piloted by G. W. Brill, experienced trouble and was forced to make seven landings between here and Indianapolis, Brill said. Plane Down Here The plane Lone Eagle, piloted by J. W. Hunt of Moundsville, W. Va., one of the contestants in the transcontinental air race, was forced down here today. Hunt landed at the Hoosier Airport, because of carburetor trouble. He was not expected to be able to get back in the race. Several other planes in‘the race passed over here this morning.

'T'HEY have not told Hazel of her honor yet. They won’t do that until they can hand her the purse with a blue ribbon on it.

Entered ns Second-Class Matter at Postoffice. Indianapolis

BROADMOOR LOOT FOUND ON SUSPECT, IDENTIFIED BY CLUB HOLDUP VICTIM Police Start Campaign for Extradition of Gambler, Arrested After Brawl in St. Louis; Gives Up Watch Stolen From Indianapolis Man FOUR LOSERS IN ROBBERY VIEW PRISONER Captive Declares Timepiece Part of ‘Assets’ Split by Proprietors of Dice Dive; Companion Clears Self; Indictment Asked of Jury Machinery for extradition of Charles Phayer, 40, East St. Louis gambler, to Indianapolis for trial as suspected leader of the bandit gang that staged the SIOO,OOO Broadmoor Country Club robbery the night of May 30, was in motion this afternoon. Phayer, captured early Wednesday by St. Louis police, was identified partially by four Indianapolis business men, victims in the spectacular holdup, who were rushed to St. Louis during the night. The business men, according to a dispatch to The Times, would not say positively that Phayer was the bandit leader, but summed up their belief with the statement: “If this is not one of the bandits, then nobody is."

RUTH ELDER FACES DIVORCE Mate Files Suit Alleging Cruelty. (Picture of Ruth Elder, Pare 2.) Bu United Press BALBOA, C. Z., Sept. 6.—Lyle Womack filed suit for a divorce in the Canal Zone District Court at Ancon today against Ruth Elder, charging cruelty. Womack appeared with is attorney. “I tried to effect a reconciliation,” he said. “I urged Ruth to join me here but she prefers her career, and I do not desire to hinder her.” Mrs. Elder married Womack several months before she started on her trans-Atlantic flight attempt last fall with George Haldeman. When Miss Elder’s plane, the American Girl, landed along side of the Dutch oil tanker Barendrecht, off the Azores islands, Womack in the Canal Zone said he wculd attempt to make her give up her aviation work. Miss Elder did not return to the Canal Zone with her husband when he went back to his engineering position there. Instead she went on a vaudeville tour for several weeks, later went abroad for a visit, and now is engaged in making one picture at Hollywood. 'Face It Like Soldier’ Bu United Print) HOLLYWOOD, Cal., Sept. 6.—“1 suppose I'll have to face it like a soldier,” said Ruth ifider, aviatrix, when informed by the United Press here tlfat her husband, Ly’e Womack, contemplated filing suit for a divorce in Ancon, Canal Zone. Miss Elder said she had received no word of intended action. “I suppose he is dissatisfied at our being separated,” she continued. “But he knows why I am here. I am trying to help my family. My mother and father are growing old and I have five brothers." RUSSIA TO SIGN PACT Soviets Agree to Adhere to Kellogg Treaty. Bu United Prats MOSCOW, Sept. 6.—The Soviet government decided officially today to adhere to the Kellogg anti-war treaty.

Yes, she’ll probably be thrilled, but then there is that other side of her nature which constantly says “do better,” so Hazel will forget the honor in her enthusiasm for other work, Miss Winifred Con—lick, who has been her teacher at Riley hospital, believes. “That girl,” Miss Conrick said today, “thinks like—well now let’s get a simile —I guess lightning is the best word. She just thinks so last it’s hard to keep up with her. “Enthusiastic? I’ll say she is. A hard worker, always smiling, never saw a frown on her face in my life. Sometimes she gets a serious expression and then all at once she breaks into a smile When you see that smile, you know she’s solved in her mind what she is trying to do. "She is on,' of those pupils that jvery teacher likes to find.”

The St. Louis detectives got their first inkling that Phayer might be one of the bandit gang when they found on him the $350 Swiss watch of E. W. Fisher, 1840 N. Meridian Sjt., stolen in the Broadmoor holdup. Fisher, one of those who went to St. Louis with Detective Donald Toohey, positively identified this watch as his this morning, when he worked split second and repeating features with

' second springs. St. Louis detectives established to their satisfaction that Ben Boratti, arrested with Phayer, was what he claimed to be, a deputy sheriff from Texas on his way to South Bend, Ind., to spend a vacation with his mother. Phayer formerly lived in Mishawaka, near South Bend. Boratti said he had stopped in East St. Louis to visit Mrs. Carrie Stephenson. widow of a former bootleg king, an old friend, and she had introduced him to Phayer. Go on Drunken Party They went on a drunken party which ended in an altercation with a stranger in front of the Grand View Hotel, during which they were arrested when they “threatened to shoot up the place,” according to Boratti. The Indianapolis men did not identify Boratti and St. Louis police planned to release him after further questioning. Meanwhile, search was on for six men whose names Phayer gave to Robert Kaiser, St. Louis detective chief, as having been his partners in an East St. .Louis gambling house until a “few days ago, when we split up.” -Phayer refused to give the name of a seventh man, declaring he was a “silent partner, a prominent St.. Louis business man, and I’m not going to tell who he Is.”

Interested in Gamblers Police were interested in this group of gamblers, because there were either six or eight bandits in the Broadmoor gang. Kaiser asked Phayer where he got Fisher’s watch. “Well, I’ll tell you, chief, out of our safe in our place on Broadway in East St. Louis,” Phayer replied. "There were eight of us in the enterprise and a few days ago we split up and divided the stuff we had. I got the watch.” "What kind of an enterprise was that?” the detective asked. “We were running a crap game,” replied Phayer. Kaiser accused Phayer of being “the master mind” of an underworld gang which St. Louis police have been after. Phayer denied this. Watch Is Identified The Indianapolis witnesses and Detective Tooley were taken to St. Louis police headquarters by two detectives waiting for them this morning. They were shown Fisher’s watch The monogram had been sandpapered off, but other details of the beautiful timepiece had checked Wednesday, when St. Louis detectivs consulted a tracing bureau they oprate. It is a Patek-Phillipi, split second, repeater watch, of which there are few in this country. Fisher immediately tried the secret springs and when they worked declared: “That’s my watch.” Then Phayer was paraded before the Indianapolis men. They declared their belief that he was the bandit leader, but qualified it. Tooley immediately wired police here that Phayer had been ‘positively identified” as the bandit leader and requested a warrant. Indictment Is Asked Police Chief Claude M. Worley dispatched Detective Harry McGlenn on the run for the courthouse to appear before the grand jury and request an indictement, so

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extradition papers could be asked of Governor Jackson. The robbery indictment was returned and McGlenn was to leave late Friday for St. Louis with the papers. Phayer is held under $20,000 bond on a charge of carrying concealed weapons (a S9O silver-plated Smith <fc Wesson revolver), and local officials feared powerful Interests would leave no legal stone unturned io get him out of custody in the Missouri city. • They expect Phayeer to resist extradition. With arrest of Phayer, local detectives renewed interest in checking the movements of Arthur J. Hartman of St. Louis, picked up last week by officers here investigating the Traugott clothing store explosion. They did not conn Hartman with the blast, but they have been looking up his St. Louis connections. St. Louis sent a long record they have against Hartman. He Is held on $5,000 vagrancy bond. The Broadmoor holdup took place during the annual speedway dinnerdance at the club, northwest of the city, the night of May 30. While 150 guests were dancing, the bandits, variously described as six or eight, In two or three large automobiles, drove up to the club, leaped out and covered all entrances with military precision, putting under surveillance several guests who were leaving, the club management and persons standing about the entrance and office. Loot Estimated at $200,000 Then, with machine-like, precision, the bandits lined up the guests and took their jewelry and money, dumping it into sacks. Some of the victims were addressed by thrfr names by one of the bandits. The loot was estimated at first at $200,000. An accurate check never wa sobtained, due to reticence of a number of victims, but it is believed to have been much lower. •Many victims have been paid by insurance companies. The bandits gathered their scattered forces and left as quietly and as rapidly as they appeared. Police have had their suspicions about identity of some members of the gang but the St. Louis arrest is the first definite clew. DIES AT AGE OF 103 La Porte County Oldest Resident Was Native of Germany. Bu United Press MICHIGAN CITY. Ind., Sept. 6 —Joseph Shifkowski died at his home near here at the age of 103. Shifkowski who was the oldest resident of La Porte County was a native of Germany and came to this country at the age of 8.

Scooter Prizes Several of the winners in the preliminary and semi-final races of The Times-Capitol Dairy scooter derby have failed to claim their prizes. Children winning first place in the preliminary races at their playgrounds are entitled to a $1 prize. Winners of first, second and third in the semifinals get prizes of $5, $3 and $2. The prizes are at The Indianapolis Times office, 214-30 W. Maryland St. Call in person before Sept. 14 to receive checks. No awards will be made after that time.