Indianapolis Times, Volume 40, Number 203, Indianapolis, Marion County, 12 January 1929 — Page 1

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DISMISSAL TO BE MURDER CASEMOTION Overruling of Defense Move for Harvey Smith Forecast. FINALE OF STATE NEAR Prosecutors Will Rest Monday After Giving Minor Evidence. BY ARCH STEINEL limes Staff Correspondent ELKHART, Ind., Jan. 12.—Backtracking over minor points in the trial of Harvey L. Smith, former private detective, charged with the murder of Mrs. Genevieve Stults, cosmetician, the state will close its case late Monday. The defense’s first gesture after the state rests will be a motion for dismissal before Judge William B. Hile on the ground that the state has failed to prove the venue of the crime. The motion will be overruled, it is said. Contradictory evidence, evidence that might have been brought out on direct or cross-examination, but that would have incriminated either witnesses or Smith, formed the body of the state’s case against the evangelist-circus barker during the past eight days of the trial. Known facts presented by the state through evidence to sew tight the blanket of circumstances upon Smith are: 1. That articles belonging to Mrs. Stutls w'ere found in a line-pit near Elkhart. 2. That Smith trailed Charles Reyher, South Bend realtor, at the behest of Mrs. Reyher and reported that he gave Mrs. Stults flowers on St. Patrick’s day and met her in a clandestine manner. 3. That Smith accepted SSO from Mrs. Reyher with her brother, Jack Kimball acting as messenger boy, to scare Mrs. Stults out of town. Cites Date Making 4. That Smith made the date, anonymously, for Mrs. Stults to leave her home in Mishawaka in a auto driven by an unknown man. The state claims that man was Smith, but has no direct proof. 5. That Smith returned to the Reyher apartments, the night of the alleged slaying, with letters and photos which Mrs. Stults is said to have had on her person when she disappeared. 6. That the motive of the crime was Smith’s need of money desipte the fact that the alleged body of Mrs. Stults found in the limepit disclosed $204 in currency, a gold wrist watch and a diamond ring. 7. That Smith paid SSO office rent the day of the alleged slaying. The rent was due that day. The state insinuates and wil plead to the jury that Smith took the SSO paid him by the Reyhers and used it for rent money instead of giving it to the ‘t’wo strangers” to scare Mrs. Stults away from her charming of Reyher. Where Defense Will Strike Points hinted at by the state and to be attacked by defense in testimony and pleadings are: 1. Where was Jack Kimball the night of Mrs. Stults’ disappearance? He says he was visiting a woman friend. 2. Why didn’t the state disclose the foru letters which relatives of Mrs. Stults are alleged to have attempted to procure SIO,OOO from Reyher for their return. 3. That the Reyhers, Kimball. Mrs. Gertrude Bartozek, sister of Mrs. Stults, were away from their homes the night of the diseppearance of the beauty operator between the hours of 8 p. m. and 11 p. m. The Reyhers say they were at a movie show a portion of the time. Mrs. Bartozek said she was trailing the car in which her sister went away. Smith bears Mrs. Bartozek out in her statement. 4. Why didn’t the state place Kimball on the stand as a prosecuting witness? 5. That the state has not proven conclusively that the body’ found in a lime pit is that of a woman or man. 6. That the state failed to prove where the alleged murder was committed. The defense contendts if Mrs. Stults was slain that she could have been killed in one county and brought to the lime pit. Declare Grave Elusive 7. That the state failed to prove Smith had guilty knowledge of the lime pit’s existence. Deputy sheriffs and police officers, the defense contends, have gotten lost trying to find the alleged first grave of “Gen” Stults. 8. That the state failed to prove the instrument of crime when its own physicians held the body found in the lime pit could not have been that of a person slain with a onepound wrench discovered near the lime pit. The physicians held that death was probably caused by being “beaten or stamped" to death. 9. That it is the belief of a South Bend chief of detectives that Kimball played a major role in the disappearance of Mrs. Stults. Kimball reiterated the story he told a grand jury that he merely acted as a messenger for Mrs. Reyher on several 1 occasions in her conferences with Smith, . _ .■ .

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The Indianapolis Times

VOLUME 40—NUMBER 203

Expose Slaying Plot

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Here are the principal figures in an alleged plot to kill Ralph Wood, wealthy Detroit real estate dealer—a plot that was foiled when police, tipped off, killed one gangster and arrested two alleged accomplices. Mrs. Grace Wood (above at right) is accused of hiring three gunmen to kill her husband so that she could inherit his real estate holdings and collect on a SIOO,OOO life insurance policy. At the upper left is Cecil Holt, who was a member of the conspiracy, but who, on his wife’s advice, revealed it to the police. Below him is Wood himself. At the bottom Detective William De Lisle (left) is shown with the two alleged co-conspirators—Taylor Pierce (left) and William Thompson. Mrs. Wood declares she is the victim of a “frame up” engineered by her husband.

LANDIS DEFENDS PRIMARY SYSTEM

Repeal Would Take Vote From Women, Men’s Club Told. “Repeal of the primary law would disfranchise women because they wouldn’t mix with those they would meet in engine house caucuses,” Frederick Landis, Logansport editor, told members of the First Presbyterian Men’s Club Friday night. Landis, who conducts a column on the editorial page of The Indianapolis Times, was one of the candidates for Republican nomination for Governor last spring. He recalled to his listeners, in vivid language, the appeal of the old-fashioned political campaigns. “The radio and moving picture have taken away those good old days,” he said. Defends Primary Law “A man who is a candidate now gets questionnaires from tree trimmers, corn doctors, veterinarians, one-eyed people—they all have some legislation in which they are interested deeply. “Let him throw the questionnaires in the waste basket and he will wake up the day after the election snowed under. “Constant suggestion is made to repeal the primary law. I was for it originally and I am for it now. It is the only chance the common fellow has in thi sday of intense activity. We hear of its failure to achieve results. We have had it only ten or twelve years. We had the convention system seventy years and it faded to give results. If it were left to me I would have a primary law that would be conclusive for senator, Governor and President. “There were 400,000 votes cast in the last state-wide primary. That is three times as many as would have been turned out in an engine house caucus. urges Drafting of Leaders “Any convention is a log-rolling program. A candidate for this trades for that, delegates are swapped, counties bartered. You can’t buy the great mass of the people with any promises except those of honest government. I have taken part in fifteen conventions and no fa. j bank on earth is not a picture of fidelity and contentment in comparison with a state convention. “Hoover elected everybody on the ticket at the last election. If the other candidates came out for nothing but cauliflower, the results would have been exactly the same.” Drafting the services of public leaders was suggested. “Instead of switching from this remedy to that, we need to interest leaders in each community. But it calls for an extraordinary situation to light the lamp of public welfare. "Take the gas situation here. The ablest lawyers should be drafted without pay. They do it in other countries and pay them with titles and decorations. I believe they would respond gladly. 1 *

Mostly cloudy tonight and Sunday, probably snow flurries; not

How the Market Opened

BY ELMER C. WALZER United Press Financial Editor NEW YORK, Jan. 12.—Hesitancy of traders to make new purchases pending further readjustment of the money market was reflected on the Stock Exchange in early dealings today. While prices were irregular, changes were narrow and there were about as many gains as losseg. United States Steel eased fractionally to 168%, American Can lost % to 115%, Packard 1% to 140 Vi, General Motors % to 198 V&, Chrysler % to 122 Vi. and Montgomery Ward a point to 142%. Studebaker was a strong spot, rising more than a point to 87%, and fractional gains were made by Nash and a few other motor shares. Rubbers were steady with United States Rubber at the previous close of 52%. Railroad issues held firm although there was no concerted buying movement in this group. Copper stocks were firm with Kennecott and Anaconda slightly higher. American Steel Foundry and American Metals continued strong. Several of the amusements, including Loew’s and Warner Brothers Pictures, were in demand. A few of the equipments made progress on the upside, especially Pullman which gained 3% to 90. Utilities were well taken, featured by Standard Gas which rose nearly a point. Engineers Public Service also was strong. New York Curb Opening (By Thomson & McKinnon) —tlsd. 12— American Gas 148% Associated Ges 53% Xnt Pete 55% Standard Oil of Ind 89% Ford of England 19% Mountain Prod 20 Fol xer 23 % Du .-ant Motors 16% UriteC Light & Power A 33% StUtZ Mot ..... 29 Cities Service 89% Niles B P 201 Salt Creek 23 Shat tuck 22% N Am Aviation 18% United Verde Ex 22% Van Camp pfd 50 Canadian Marconi 9% Fox Theater 35 Hudson Bay Mining 20% Pantepec 10 Tran Continental Air 26% United Gas Imp 170 New York Stock Opening —Jan. 12— Am Can 115% Am Steel Fdry 76% Atchison 199% Canadian Pac 239% Chrysler 122 Cent Motors 21% Gen Motors 198% Inspiration 45% Kenn Cop 156% Mont Ward ....142% N Y Central 1891 Pennsylvania 78 Pullman 89 v. St Paul 36V St Paul pfd ...". Sinclair 42% Stew Warner I*o Studebaker Bv% V S Alcohol 130% 1372 in Meats Stolen From Store Burglars took a pastel out of a rear door and carted two cases of eggs and meats, total value, $372, from his store at 3807 East New York street, Ralph Anderson reported to police today.

INDIANAPOLIS, SATURDAY, JAN. 12, 1929

ASSEMBLY TO GET BILLS TO FIGHTjANDITS Measures Would Double Terms for Use of Guns in Holdups. TIGHTEN ON FIREARMS Proposed Laws, Already Drafted, Being Given Finishing Touches. Banditry is to be ambushed in the legislature. Three bills, doubling prison terms for crimes committed at guns’ point and tightening restrictions on the issuance of permits to carry firearms, are the legislative weapons with which two state-wide police officers’ associations expect to curb Indiana’s crime wave. The measures, already drafted, will be given final consideration by the legislative committees of the Indiana Railway Police Association and the Indiana Municipal Policy Chiefs’ Association, meeting with Frederick E. Schortemeier, attorney and former secretary of state, Monday morning. Indorsed By Bankers Schortemeier and Fred C. Gause, attorney and state election commissioner, have given their services voluntarily in the framing of the bills, which have the indorsement of A. G. Brown, Indiana Bankers’ Association president. Commission of the crime of larceny, robbery, bank robbery or rape, while armed with firearms, would constitute a separate felony, under provisions of the first of the bills. It provides not less than ten nor more than twenty years for the crime itself, and a separate prison sentence of from ten to twenty years for carrying firearms in perpetrating the crime. The bill proposes that the court may declare that the two terms shaii not run concurrently. Present penalty for burglary is five to twenty-one years imprisonment. The second bill to be sponsored by the officers’ associations would make the imprisonment ten to twenty-one years if firearms are used. Check on Firearms Endeavoring to check the promiscuous issuance of permits to carry firearms, the third bill would require the applicant to get the recommendation of the police chief or sheriff. The circuit judge would be empowered to grant or refuse the permit after a hearing. At present the permits are granted if two freeholders sign the application. Since legislation cannot be retroactive, holders of permits would not be affected. Backers of the bills believe they would be an effectual check to banditry. Increased sentences, they argue, would be a powerful deterrent. “Members of the pardon board at the state's penal institutions have asked prisoners if they would have attempted their crimes if they had lascked weapons,” Schortemeier related. “Nine out of ten replied they would not.” “Guns are drawn, if not used, in 75 per cent of the felonies committed in Indiana,” Schortemeier said. “It stands to reason that if they didn’t have the guns they wouldn’t attempt the crimes, and stiffening the penalty for having the guns will cut down their number.” Want Uniforms Dropped The police organizations also are considering legislation which would change requirements regarding the use of uniforms within city limits. Railroad police, particularly, are hampered by the present uniform requirements, they complain. They may decide, further, to ask that the SIOO minimum now required for the charge of grand larceny be reduced. Defendants convicted of thefts of property or money in any amount less than SIOO can only be charged with petit larceny under present law’s. It is proposed to ~et this figure at $25 to bring more convictions for grand larceny and consequently heavier penalties.

WARNS OF COURT TYRANNY PERIL IN SHUMAKER BRIEF

Warning against the growing power of courts in contempt cases was contained in a brief filed by Dr. Edward S. Shumaker, Indiana AntiSaloon League superintendent, supporting his habeas corpus petition to avoid a sixty-day penal farm term for contempt of the Indiana supreme court. That American courts are “nearly at the stage of judicial autocracy” is one statement contained in the brief, prepared by Ethan Allen ; Miles, league attorney. Federal Judge Robert C. Baltzell has ruled that Attorney General James M. Ogden shall file a reply brief by Tuesday, and Shumaker must file his final brief by next Friday, after which the case will be in hands of Baltzell so rdeclsion. “Avery serious question has

quite so cold tonight, low temperature 10 to 15; colder Sunday.

Major John and — Who?

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He’s “in the army now!” The spiffy young major of the First company, Governor of Connecticut’s Foot Guards, pictured above, is John Coolidge. The pretty girl who hand he holds is—how did you guess it?—Florence Trumbull, John’s fiancee and daughter of Governor John H. Trumbull of Connecticut. The picture was taken at the inaugural ball in Hartford. John was appointed to the Governor’s staff after ah act of the legislature had amended the national guard" law Os the state. Florence has on an imported frock of white georgette trimmed with sequins.

CITY BIRTH RATE DROPS; DEATHS UP

Flu Wave in December Is Blamed for Mortality Increase. Noticeable decline in the Indianapolis birth rate for 1928 and increase in the city’s death rate was reported today by Dr. Herman G. Morgan, health board secretary. The 1928 death rate of 13.8 per thousand population was an increase of .7 over the previous year’s figure. The 1927 mark was the lowest in the city’s history. This year's rate is the fourth lowest in the city’s history. The birth rate for each 1,000 population was 16.6 compared with 17.6 In 1927. The birth rate was the lowest since a statistical record was begun twenty-eight years ago. Flu Cases Increase Dr. Morgan attributed the .7 increase' in the death rate to the wave of influenza in November and December and the increased number of heart disease cases. There were 200 deaths in December from pneumonia, influenza and other respiratory diseases, compared with fortytwo a year ago. The totgl number of births during the year was 6,399, being only 1,081 more than the number of deaths. There were 5,318 deaths in the city. Statistics were compiled by C. Tom Johnson, health board statistician. Dr. Morgan pointed out that “there is too close a margin between the births and deaths, in spite of the fact that the infant mortality rate was the lowest in the city’s history. “Only 60.3 babies out of each 1,000

arisen in the United States as to where we are drifting or where we are headed in this question of contempt of court,” the brief states. “The injunction powers of the court have been greatly extended and many ycontempt cases have grown from it “There does not seem to have been a concerted action, for there was no conspiracy in it, but there has been a continuous enlargement by the courts of their use of contempt proceedings. v “This has resulted in many instances of legislative and congressional action restricting powers of courts in contempt proceedings. In some states laws have been enacted permitting the respondent in an indirect criminal contempt proceeding to have his case tried by jury,

Entered as Second-Class Matter at Postoffice, Indianapolis

died in Indianapolis before they reached their first birthday. This figure is a drop of 3 points under 1927. This is a very excellent death rate. The 1927 rate was 16 points lower than the previou.- year,” Dr. Morgan declared. “Decrease from 139 per 1,000 in 1909, to 60.3 this year proves conclusively that modern scientific methods in feeding and rearing infants have been adapted in Indianapolis. The educational program carried on by the press, work done among the poor through the infant welfare and child hygiene division, with the pasturization of milk and improvement of sanitary conditions in the city have been responsible in a large measure for the improved condition. “The comparative decrease in the birth rate proves that larger cities can nfct depend on the percentage of rural population'which has kept up the birth rate in the past. Likewise, the foreign bom, quite a factor in maintaining the birth rate, are no longer coming into this country in sufficiently large numbers to keep up the rate,” Dr. Morgan said.

CRASH OF PLANE KILLING EIGHT HELD WORST ARMY AIR TRAGEDY SINCE 1922

Bv United Press WASHINGTON, Jan. 12.—Officials today described, the crash of a trimotored sister ship of the Question Mark near Royalton, Pa., as the most serious accident to army fliers since tfye dirigible Roma exploded in 1922 over Hampton Roads, Va.,

"If courts may, under what they call inherent power, determine their own jurisdiction, define what is contempt, fix the amount of penalty unlimited and unrestricted by law, overrule former decisions and thereby make the law applicable in the case at bar, and convict by ex post facto decisions; if the court being the aggrieved party, can act as prosecutor, judge and jury, and if the court can then deny the executive branch of government tile right to pardon and correct any errors the court may make, certainly we are headed very far from what was the intention of the framers of our national and state constitutions. "Carried but a little farther, this would create a judicial autocracy repugnant to every idea and ideal of American citizenship.’* ,

BLIZZARDS AND SUB-SRO WEATHER BRING SUFFERING TO CITIES OF MID-WEST

Southwest Winds Save City From Temperatures Under Zero. LOWEST IS 7 ABOVE Slightly Warmer Tonight and Colder Sunday, Is Forecast. Hourly Temperatures 6a. m 7 9a. m H 7a. m 8 io a. m 11 8 a. m 9 Southwest winds saved Indianapolis from the zero temperature predicted for last night and early today, according to J. H. Armington, United States weather bureau head. The mercury reached its low point, 7 above zero, at 6 a. m. today. A shift in the pressure areas of the country brought southwest winds here during the night instead of the northwest winds expected, which kept the temperature from dropping lower, according to Armington. And it will be slightly warmer tonight, Armington said. The low mark will be about 10 to 15 degrees above zero. Sunday, however, it will be colder and Sunday night the mercury should drop to about last night’s temperature, he said. There is no zero weather in sight at the present time, he said. Light snow flurries will be on the weather menu Sunday. The lowest temperature in the state this morning was 4 above zero at Ft. Wayne. DECISION TO DEARTH Suppeme Court Holds Impeachment of Judge Illegal, Impeachment of circuit court judges or prosecuting attorneys does not lie within the power of the legislature and the 1927 legislature exceeded its powers when it held Circuit Judge Clarence W. Dearth, Muncie. Such is the significance of a supreme court decision handed down late Friday. It affirmed the decision of the Marion county court of claims in awarding Dearth his $350 salary while off the bench during impeachment proceedings. When the legislature talked of impeaching Dearth, Attorney-Gen-eral Arthur L. Gilliom ruled that impeachment for circuit judges and prosecutors is only within the province of the supreme court under the Indiana constitution. The impeachment law of 1897 does not apply to them he declared. This interpretation of the law was ignored by the legislators. The house voted impeachment and Dearth was tried by the senate and acquitted bv a single vote. He has since been voted off the bench by Delaware county citizens. Doctor, 63, Kills Self Bv Times Snecinl SHELBYVILLE, Ind., Jan. 12Dr. Thomas G. Green, 63, a physician here thirty-five years, committed suicide by inhaling and drinking an anesthetic. He left a note in which he said he was despondent over ill health. Mrs. Isabelle Wilson of Indianapolis is a sister.

causing the death of thirty-four men. Eight died in the crash of Secretary of War Davison’s big Fokker plane in Pennsylvania. The plane was stationed at Bolling Field and Lieutenant Henry B. Angell and his enlisted passengers all were from that station. “It is very said.” Secretary of War Davis told the United Press, “and especially so soo nafter the fine endurance record established by the Question Mark.” The big ship was assigned to Davison, who is in charge of army aviation, for his aerial traveling. Eighth Victim Dies URG, Pa., Jan. 12. - Sergeant Patrick Conroy, eighth occupant of the army transport plane which crashed at Royalton Friday, died in a hospital here early today. His seven companions either were killed outright or died soon after the great sister ship ci the army endurance plane, the Question Mark, fell neah the Royalton Borough post office with an impact which was heard for half a mile. As this community began to recover from the shock of the tragedy today, the story of the bravery of Lieutenant Robert Angell and his companions, became known. Rescuers hacked and sawed at the wreckage until they had almost freed Angel, who was badly mangled, •+** m t**^*' m * . im . ..... *

NOON

Outside Marlon County 3 Cents

TWO CENTS

Spreading Rails Caused by Cause of Two Wrecks. ! Temperature Drops Are SWAMP RELIEF GROUPS Chicago Police Stations Throw Open Doors to Homeless. Bu United Press CHICAGO, Jan. 12.—Subzero temperatures, snow drifts and blizzards brought intense suffering t othe slums of midwestern cities today, delayed traffic in rural districts and caused two train wrecks in which two persons were killed and half a dozen injured. Spreading rails caused by the sudden decline of the temperature was believed to have wrecked the New Orleans limited of the Illinois Central Railroad near Belleville, 111. Two trainmen were killed and more than a dozen passengers were thrown from their berths. At Langworthy, la., five trainmen were injured, one probably fatally, when a Milwaukee passenger train ran into a snowbank and plunged into a ditch. Numerous Relief Calls Charity organizations in Chicago were swamped with calls for relief when the mercury t opped to 4 degrees below zero. Scores of persons too poor to buy coal deserted their homes for the shlter of free social centers. West Madison street soup kitchens and flop houses were crowded all morning with homeless men. Police stations threw open their doors to the unfortunate ones who could not find shelter elsewhere. One police station on the south side attempted to accommodate 350 men during the night Upper Michigan, Wisconsin and parts of lowa were in the grip of a blizzard which paralyzed rail and vehicular traffic and sent temperatures below zero. City Is Cut Off In the vicinity of St. Paul, a 25mile northwest wind brought temperatures down 30 degrees in twelve hours. Mineapolis reported temperatures of 5 below zero; Devils Lake, N. D., 26 below; Thief River Falls, Minn., 31 below; Superior, Wis., 10 below. Trains were running three and four hours behind schedule throughout northern Wisconsin, while La Crosse, Wis., virtually wr i cut off from communication by heavy snow. POLICE ARREST THREE IN FREIGHT ROBBERIES Two Youths, One Aged Negro Held After Big Four Car Looting. With three arrests made early today, police and railroad detectives expect to solve a string of freight car robberies. Three more arrests are expected soon. Dewey Steward, 29, and his brother, Russell, 23, both of 701 South Capitol avenue, are held on vagrancy charges under $2,000 bond, and Henry Miller, Negro, 64, proprietor of a restaurant at 558 South Illinois street, is charged with vagrancy, SSOO bond. The trio was questioned with regard to thefts from freight cars on Big Four sidings in the 700 block South Captol avenue. At Miller's place detectives recovered lOfl pounds of flour and a case of canned peas believed stolen from the cars, the officers said. Miller said he had paid $4.50 for* the food. SOME PORKERS GAIN AS HIGH AS 50 CENTS Hogs of 150-300 Pound Class, Gain 10 to 15 Cents. The week-end hog market was considerable higher with the 150300 pound class selling 10 to 15 cents higher at $9.50, and the underweights brought 25 cents higher 300pound weights and up sold 40 to 50 cents higher. The top was $9.50, Receipts were slightly lower estimated at 6,500, and hodlovers from Friday’s market numbered 329. There were not enough cattle to make a market, but they were quotable steady. Vealers lost 50 cents selling at sl9 down. The lamb market was small with not enough lambs on hande to make a market.

In the A ir

Weather conditions at 8:30 a. m. at Indianapolis airport: * Southwest wind. 14 miP-s an hour; barometric pressure, 29.98 at sea level; temperature, 11; ceiling, 2,500 feet, solid high overcast; visibility, 2 miles, slight haze,