Indianapolis Times, Volume 40, Number 228, Indianapolis, Marion County, 11 February 1929 — Page 1

DUNCAN IS ORDERED TO SERVETERM Federal Judge Refuses Appeal of Lawyer for Suspended Sentence. STEVE ‘GHOST* APPEARS Admits Receiving Vanished Government Check From Dragon’s Aid. The ghost of the power of D. C. Stephenson, former klan grand dragon, now serving a life sentence for murder, was brought into federal court today during hearing by Federal Judge Walter C. Lindley of the clemency petition of Attorney Russell V. Duncan, sentenced nearly a year ago to two years in prison in connection with disappearance of a government check. Lindley denied Duncan’s appeal for suspended sentence and ordered him into custody of the marshal. Duncan was to be taken to Leavenworth penitentiary this evening. Duncan admitted he got the check from a John W. Smith, known as Walter Smith, a henchman of Stephenson at that time. After an appeal for Duncan by bis attorney, M. L. Clawson, in which Clawson declared Duncan’s mental anguish during the past two years had been sufficient punishment, Duncan took the stand for questioning by Albert Ward, district* attorney. Tells of Refund Check **You stated at your trial that you got the $5,000 internal revenue tax refund check from John W. Smith, to whom it was made payable. Is that true?” Ward asked. "Yes. I do not know how it got out of the revenue office, but it came into my possession exacty as I testified." When Clawson nrged Duncan to tell all he knew', Duncan asked for % private hearing, which was refused. ' „ “Smith was an Indianapolis man interested In getting contracts ior shirts and pants made in penal institutions,” Duncan said. “He was a man that I had plenty of confidence in.” “Who was he?” Ward asked. “He was an assistant of D. C. Stephenson.” Denies Recalling Deals “What was his other name?” “Sometimes he was called Walter Smith and he lived in the 5600 block University avenue, I believe,” Duncan replied. When Duncan denied having received any other checks * from Smith, Ward produced a copy of a $759 government check issued April 11. 1924, about the same time as the first check on which Duncan was convicted, and made payable to Harry’ C. Gilbert, who died in 1921. Ward offered to introduce the widow of Gilbert as a witness. Duncan denied recalling the check, although he said the signature looked like his signature. “1 have handled thousands of checks since then,” he said. “I was earning, as a lawyer, from S9OO to $2,000 a month at that time and 1 can’t recall all the checks I received.” Ward produced the J. F. Wild & Cos. bank ledger of Duncan's account at that time. “Where did you get the $3lB check represented by this deposit?” Ward asked. “Maybe I earned it,” Duncan replied. Law Not Satisfied When Ward asked why Duncan had not revealed these facts at his previous trial, Duncan replied: “I wanted to take care of it like a good scout. I just wanted to keep things down.” In answer to Ward, he admitted he didn’t want to mention Stephenson’s name in public and for this reason asked private hearing. He denied Stephenson got any of the proceeds from the check, and in answer to a question from Clawson, denied that. W. Lee Smith, former Klan official serving a federal prison term in connection with the interstate motor theft conspiracy case, was "Walter Smith.” Duncan said he believed Smith got a prison shirt contract and sold it. In denying the clemency appeal, Lindley said he felt perhaps Duncan had suffered enough punishment as far as he was concerned personally, but that the law had not been satisfied as far as deterring other people from similar crimes was concerned. He pointed to Duncan’s familiarity with laws, as a lawyer. and the precedent that would be set in case he suspended the sentence. THREE DIE OF CAR GAS Fumes From Defective Heater in Auto Blamed for Deaths. By United Press BATAVIA, 0., Feb. 11.—A defective heater from which carbon monoxide fumes escaped was blamed today for the death of three persona in an automobile near here Sunday. Those asphyxiated were Delmar Richards. 21; Mrs. Mildred C. Storer, 17, and her 8-months-old daughter, Frances Jeane.

Complete Wire Reports of UNITED PRESS, The Greatest World-Wide News Service

The Indianapolis Times Mostly fair tonight and Tuesday; low temperature tonight abput 10, slightly warmer Tuesday.

VOLUME 40—NUMBER 228

Loses Euchre * Game of Love; Shoots Sweetheart / Kills Self

Bn Times Special ■pvECATfR, Ind., Feb. 11.—A J-/ score-card of a euchre game today told of the joker—deathtaking the last hand when Hector R. Vandelle, 34, killed himself and shot and seriously wounded his sweetheart, Miss Julia Colpeart, 21, when he was “euehered” out of love by rivals. Sunday night Vandelle went to

DEMANDS FACTS ON ARMORY BONDS

Slipped Through Without 0. K. by Securities Commission. Senator Alonzo H. Lindley, Kingman, today sent a special messenger to the Peoples State bank with a request personally addressed to President Felix M. McWhirter asking him to submit complete data regarding the sale of tax exempt armory bonds which financed the building of armories under the state armory board during the last four years. The bonds were issued by “trustees,” or holding companies, turned over to the Ostrom Realty and Construction Company, which built all the buildings, and then handled by the Peoples State bank, parent institution of the construction company. The entire matter Is now under investigation by a special senate committee headed by Lindley. The bonds were never approved by the state securities commission. The Indianapolis Times learned today. Saturday The Times told of how these bonds, all handled by the Peoples State bank, were made tax exempt on authority of an informal letter sent to the bank officials by John J. Brown, then chairman of the state tax commission. , Discount Made Up? Browjn, who is now secretary to Governor Harry G. Leslie, called McWhirter regarding the letter and then stated that it was full of qualifications which would make the bonds tax exempt only if the buddings were state owned. Lindley also announced that he will ask aid of the state board of accounts in checking all financing connected with the scheme. The subcommittee of the investigating committee will investigate a report that bonds were sold at 90 or less and that the discount was made up by adding it to the contract prices. All construction work was done by the Ostrom Realty and Construction Company. The company took their payment in private holding corporation bonds, which were then turned over to the People State bank, according to a volutary report made to the senate committee by AdjutantGeneral William H. Kershner. Sold as Tax Exempt Whether or not the bonds were turned over by the construction company below par, they were advertised in circulars for sale by the bank above par on the grounds that they were tax exempt and backed by the state, according to prospective customers who received the circulars. Had the securities commission been called upon to pass upon their speculative value it would have been necessary to point out that should the present legislature, or any other within the next fifteen years, refuse to make the appropriations for “rentals” the holding companies would be holding the armories. Senator Carl M. Gray, Petersburg, member of the subcommittee, has already announced that he will* oppose the $350,000 appropriation asked by the adjutant general for continuance of the present armory building program. Work on Report Gray and Senator French Clements, Evansville, the other member of the subcommittee, were working today on a preliminary report to be made to the senate this afternoon or Tuesday. Gray said. He intimated that the report will conttain some startling disclosures. Senator Thurman A. Gottschlak, Berne, member of the budget committee, who introduced the investigation resolution, may take the floor in the senate and relate some things that he knows regarding the conduct of the armory building plan. He Teels that Kershner’s charges that the investigation was launched by “pacifists, disciplined national guard Officers and disappointed contractors” is a direct affront. HEROES OF -OXYGEN* BATTLE LOSE TO DEATH Attempt to Save Woman's Life F*ils After 14-Hour Fight. Bit United Press TOPEKA. Kan., Feb. 11.—For the Second time this year, two Topeka firemen battled death by administering oxygen, but this time death was victorious. Dean Way and Ray Schuberg, who attracted attention of the nation several weeks ago by keeping Margaret Brown, 7, alive for twelve days and nights with their oxygen tentes. applied the same treatment to Mrs. Maude Doerschlag, 44, and maintained life in her body for fourteen hours. A sudden heart attack, however, was fatal to Mrs. Doerschlag. She had been suffering from congestion of the lungs.

the home of his lov e. She wasn’t there. “She has a date.” her family told him. They consoled, him. suggested a game of cards until she came home—if he cared to wait. He played. He caught the bowers with frequency. His scorecard showed winnings. Julia came home at 11 p. m.

2 KILLED IN FIRE RUINS Steel Workers Perish Pulling Down Walls After Blaze. Bit United Press MANSFIELD, 0., Feb. 11.—A few hours after the Madison theater here was destroyed by fire Sunday two structural steel w’erkers were killed while pulling down walls left standing. Damage caused by the blaze was estimated at $250,000. LINDYONWAY BACKTO U. S. Lands at Belize; Two Planes on Trip. Bn United Press BELIZE, British Honduras, Feb. 11.—Colonel Charles A. Lindbergh landed heme at 10:50 a. m. today on his north-bound air mail flight from Cristobal, Panama Canal Zone. Lindbergh left Managua, Nicaragua at 7:20 a. m. He was accompanied by a second Sikorsky amphibian mail plane piloted by Lyman K. Merritt. He omitted making a stop at Tela, Honduras, originally planned in the itinerary. SEND WIRE TO EDISON Local Utility Employes Extend Birthday Greetings. The Edison Club, composed of employes of thd'Jndianapolis Power and Light Company with ten or more years of service with the company, today sent a telegram to Thomas A. Edison congratulating him on his eighty-second birthday which he is celebrating at Ft. Myers, Fla. “Congratulations and best wishes for many more years of happiness and service to your country and fellow man,” the message said. Last year Edison sent the local club a large picture of himself.

FATHER RESCUES FAMILY OF 5, TRAPPED IN HOME WHEN FIRE BURNS STAIRS

GARAGE, 15 AUTOS BURN Loss of $30,000 at Freelandville; Flames Spread Hotel. By United Press FREELANDVILLE, Ind., Feb. 11.— Officials today investigated the origin of a fire which destroyed a garage here, in which fifteen automobiles were burned, causing damage estimated at $30,000. The flames spread from the garage to nearby dwellings and a hotel. Fire departments from Oaktown and Carlisle aided local firemen. KELLOGGJLANS TRIP Secretary to Take Rest and Then Resume Practice. By United Prexs WASHINGTON, Feb. 11.—Secretary of State Kellogg will take a vacation after March 4, and then resume practice of law as the head of his old St. Paul (Minn.) firm, he revealed today at the state department. It is reported that Kellogg, as head of his St. Paul firm, would spend most of his time in Washington. It is understood the secretary expects to visit Europe soon after leaving office

FIRE! WHERE? HERE—THERE! HOT NIGHT SHIRT! BUTLER!

AN overheated grate at the Delta Tau Delta fraternity house, 4950 Graceland avenue, routed sixteen Butler university students from their beds at 4:08 a. m. today and provided Sergeant Clifford Richter with a sight so gorgeous and astounding that the worthy police officer declares he 'Rill not forget it to the day of his death. Merville Somers, Ft. Wayng, was the hero of the 1 re. Somers was slumbering, proba >ly after an evening of l\prd stud , on a couch near the grate in the front room.

INDIANAPOLIS, MONDAY, FEBRUARY 11, 1929

Vandelle waited for her on the stairs. The score card was tucked in h:s pocket. Visions of her in the arms of another man cast a wrath about her as she walked up the stairs to meet Vandelle. He reproved her. She started to reply. He Shot her w’ith a revolver. He shot himself in the head—but life stayed on. Running down the stairs, he w’ent outside to the Colepeart barn, before the family could stop him. They found him. later, hanging from an improvised rafter gallows —sacrifice to an unerqufted love. In his hard was the score board, its winning game figures on one side, and on the other scrawled with hopelessness his losses, his last trick, the end of all games—“l do this because I do not care for life any more. She has broken my heart.” Bus Victim Dies John Cherry, Blocton, Ala., died Sunday in city hospital from injuries received a week igo when the bus in which he was riding collided with another machine near Clayton, Ind.

QUIZ ON BOOZE, OIL LjNKASKED Seeks Probe of Standard Connection With ’Leggers.’ B,n United Press WASHINGTON, Feb. 11.—An investigation by the federal trade commission to determine whether legitimate manufacturing and merchandising organizations facilitate bootlegging activities was demanded in a resolution introduced by Representative Sprout (Rep., Kan.) today. He charged medicinal oils such as Stanolax, produced by the Standard Oil Company of Indiana, have been sold in large volume to bootleggers for cleaning commercial alcohol- of denaturants, to make it -an lntoxicatnig beverage. Sproul said today he was not interested in the fight of John D. Rockefeller to depose Colonel Robert W. Steward from the chairmanship of the Indiana Standard Oil Company, but pointed out the resolution may become a factor in the issue between the two financiers.* 1 Dead, 10 Hurt in Bus Crash Bv United Press OXFORD, 0., Feb, 11.—The Rev. James M. Work of Oxford was killed and ten other persons were injured, one perhaps fatally, when a bus crashed into a culvert rail here Sunday night.

Carries Children to Safety in Night Clothes Over Slippery Roof. Trapped by flames, a father led and carried his four children and wife out an upstairs window, across a slipper}’ porch roof and into the upstairs of the other side of the double house in the near zero temperature early today; All were in night clothing. Those who escaped are members of the R. W. Widdop family, 3105 Bellfontaine street* Four daughters, Jane, 15, Mary Ellen, 12, Helen, 9, and Joan, 3, were carried to safety by the father. Mrs. Widdop also was assisted across the slippery roof by her husband. Starting in the basement from an undetermined origin while the family was sleeping soundly at 4 a. m., the blaze spread rapidly and the stairways in the house crashed before Joan, awakened by the smell of smoke, screamed to awaken other members of the family. Occupants of the other section of the house, Mr. and Mrs. C. C. Cook and their 2-year-old son, James, were unaware of the fire until Widdop, with his youngest daughter in his arms, knocked on the front upstairs window. Both families were forced to the street while firemen battled the blaze. Damage to both sections of the house was heavy.

He was awakened by the popping and crackling of flames Consuming an easy chair too nearjhe fireplace. Somers ran to the kitchen and returned with a bucket full of water and a tin cup and dashed cupfuls of water on the chair, according to Richter. This generated tremendous clouds of smoke, which aroused the slumbering youths on the upper floors and attracted the attention of Sergeant Richter, who was passing. Richter dashed in to the rescue, and it was then that he witnessed the sight which he declares will

BODY IN POND MAY BE LOST INDIANA GIRL Ten-Inch Hole In Ice on Railroad Reservoir Admits Remains. GRAPPLING HOOKS USED Grewsome Discovery at Villa Grove, 111., May Solve Deardorff Mystery. Bn United Press VILLA GROVE, 111., Feb. 11.—Belief that a body found in the C. & E. I. Railroad reservoir here may be that of little Edith Mae Deardorf, 14-jsear-old news girl of West Terre Haute, Ind., who has been missing since Jan. 25, was expressed by officials today. The theory was advanced after it developed that a hole chopped in the .ten-inch ice of the pond was not large enough to permit passage of an adult body. Meanwhile, authorities armed with grappling hooks, made a futile attempt to secure the body which is floating beneath the ice. Not wishing to maim or destroy the remains by using dynamite, the officers decided to w’ait for a thaw’ before making another attempt to bring the body from the water. 1 ’ In a long distance telephone conversation, the mayor of West Terre Haute, Ind., informed officials that a reward of $3,000 still stands for information leading to the recovery of the missing girl. The mayor said, how’ever. according to local authorities, that he did not care to finance a diving expedition to recover the body. TWO TRAINMEN KILLED Boiler of Locomotive Explodes; Engineer, Fireman Die. by United Press ASHTABULA, 0., Feb. 11.— Engineer Wililam Baumgardner and fireman L. P. Hibbs, both of Cleveland, were killed Sunday when the boiler of their locomotive exploded here. Brakeman G: E. Fisher of Wesleyville, Pa., was injured. SELL TAX PROPERTY 4,000 Pieces* of Land to Be Sold for Delinquency. Sale of real estate that has been temporarily lost by original ow’ners due to failure to pay delinquent taxes progressed slowly at the courthouse today. Some owners “beat the gun” and plopped money on County Treasurer Clyde Robinson’s desk before the sale opened, thereby redeeming their property. Robinson said that more than 400 persons had paid the delinquent taxes and fees since Saturday. How’ever, there still remained more than four thousand pieces of property to be sold, for prices ranging from $2.26 to $7,000. C. O. Harris, chief deputy treasurer, estimated the appraisal values of these parcels at about $1,000,000. Owners of the real estate can redeem properties lost through the sale with two years by paying the taxes and fees up to 25 per cent, in addition to the amount paid by the purchaser at the public sale, TESTIFIES IN PROBE Harry Dunn Heard by Jury in Farm Investigation. County Auditor Harry Dunn today testified before the county grand jury in connection with the investigation into the Marion county poor farm. Dunn w r as subpoenaed to produce records and orders relating to the management of the institution. The jury Is expected to report on the poor farm soon. BOOST NEFF FOR JOB Ex-Texas Governor Approved for Board of Mediation. By United Press WASHINGTON, Feb. 11.—A favorable report on the nomination of Former Governor Pat M. Neff of Texas, for reappointment to the board of mediation was authorized by the senate interstate commerce committee today by a vote of 8 to 6.

live forever as the most colorful incident of his career. a a * SIXTEEN youths, clad in pajamas and bath robes, running hither and yon. And the pajamas—orange, green, red, blue and sundry combinations of flaming colors. “I've been to dances and bathing beaches, but never have I seen such a gorgeous array of apparel so hot in color and so cold in material,” said the sergeant. William Bugg, star Butler guard, was one of those who dashed downstairs as if he were training r

‘Flying Flapper Breaks Air Endurance Record

Bobbie Trout, 18-Year-Old California Girl, Lands After 17 Hours. By United Press LOS ANGELES. Cal., Feb. 11.— After breaking all endurance records for women fliers, Miss Bobby Trout, 18-year-old Los Angeles girl, w’ho would rather fly than eat, landed her plane here today at 10:22 a. m. She had been in the air continuously for 17 hours and 12 minutes. At 7:27:30 a. ra„ Pacific'coast time, she had exceeded by one hour the previous mark of 13 hours 16 minutes and 45 seconds set by Miss Elinor Smith of New York.

SIGN PACT, OPEN DOOR OF VATICAN

Church Leader No Longer ‘Prisoner* After Names Go on Peace Pact. BY THOMAS B. MORGAN, United Press Staff Correspondent ROME, Feb. 11.—Peace between the Vatican and Italy formally was concluded at noon today in the presence of fifteen men. When the historic treaty ending the fifty-eight years of estrangement had been signed in the St. John Lateran palace, with only the privileged few witnessing the event, thousands outside in the Lateran square raised their voice in a mighty te deum. Then the crowd incessantly shouted, “Long live the pope,” “Long live the king” and “long live Mussolini.” The Italian tri-color lyoke out everywhere on nearby buildings, and side by side with it floated the papal white and yellow. Mussolini Is Signer Hie pope no longer was “The Prisoner of the Vatican,” but a temporal sovereign in his own right and ruler of a territory over which, while infinitesimal in size, he exercises full sovereignty. Benito Mussolini, premier and foreign minister of Italy, signed the accord for his government, while Pietro Cardinal Gasparri, papal .secretary of state, signed for the Holy See. The ceremony opened anew era in the nearly 2,000 years of history of the Roman Catholic chinch. The pope again was recognized as temporal sovereign as well as spiritual head of the church, and the fiftyeight years of voluntary imprisonment of the popes in the Vatican was ended. The first document of the twopart agreement is a treaty of peace. The king recognizes the severeignty, freedom and independence of the pope. The pope recognizes the king of Italy. Italy agrees to pay an indemnity (understood to be about $82,634,000) for the papal territory taken over by the government in 1870. The Vatican is given a tiny state over which it exercises complete territorial sovereignty. Dramatic Moment The second document is in the nature of a concordat settling details of future relations between Italy and the Holy See. A dramatic moment occurred when Cardinal Gasparri presented the gold pen, with tfhich he had signed the document, to Premier Mussolini on behalf of the pope. It was the first act of such a nature since 1870. The cardinal turned toward Mussolini, handed him the pen and said: “Your excellency, I am instructed by his holiness the pope to offer you this as a gift from his holiness and a souvenir of this event.” Mussolini accepted the pen graciously. ROB MAN NEAR CHURCH Bandit Follows Victim From Tabernacle, Gets SB. Following his victim from the Gospel Tabernacle, Alabama and North streets, a bandit Sunday night held up and robbed Clarence MacIntyre, 1310 North Keystone avenue, of SB. The holdup took place a block from the Tabernacle when the bandit pointed, a pistol at MacIntyre’s back and ordered him not to turn around.

for Notre Dame arrayed’in gay colors, said Richter. Jud Paul, the champion sleeper of the fraternity, nearly didn’t get up to get in the excitement, Richter was told. Paul insisted the fire was next door when Alan Fromuth, football star, tried to awaken him. The fire died away in shame at being outdone by the flaming pajamas, Richter said. Damage was estimated at $25. But that didn’t include the chair —the most comfortable chair in the house loss of which can’t be valued in terms of dollars, the youths declared.

■Entered as Second-Class Matter at Postoffice. Indianapolis

- J^^SgSßlSi|pc|i|gߧs|tt : ’

Bobby Trout

Hootch, Hymns By United Press NASHVILLE, 111., Feb. 11.— The Rev. C. H. Kluge, Evangelical minister and deputy sherff, preached from his pulpit here Sunday night a few hours after he had directed three liquor raids in this district. , Three men were arrested and 1,000 gallons of beer, ten gallons of whisky and fortyeight pints of bottled moonshine confiscated.

MERCURY .TO RISE Temperature Tonight Will Be 10 Above Zero. Hourly Temperatures 6 a. m 11 10 a. m 17 7a. m 10 11 a. m 19 Ba. m 12 12 (noon).. 17 9 a. m 13 Ip. m..... 17 The temperature will start to rise slowly Tuesday, but no marked rise to bring the cold wave to an abrupt end is in sight, according to J. H. Armington, United States weather bureau head. Tonight’s low temperature will be about 10 degrees above zero, said Armington. A low mark for the night of 9 above was reached at 4:30 a. m. The mercury dropped to zero at 7 a. m. Sunday for the lowest point of the week-end. It reached a high point of 20 Sunday afternoon. Ideal winter weather Sunday attracted thousands of persons to coasting places in city streets and parks. Riverside park with its beautiful hills on Riverside and Coffin golf courses and the toboggan slide drew tfie heaviest crowds. A number of persons appeared on skis in colorful costumes, giving Indianapolis a rare glimpse of the northern sport.

SOLONS GET PASSES Bus Line Sends Tickets to Legislators, Charge. Bus passes have been sent members of the legislature by at least one company operating in the state and the matter is to be investigated by the public service commission upon request of certain legislators, it was announced today. Chairman Frank Singleton o * the public sendee commission has requested an opinion of AttorneyGeneral James M. Ogden upon the legality of such passes. The giving of free passes by electric and stea mroads has long been barred by law. At the time the law was passed there were no bus lines. Members of the commission believe that the giving of passes is a violation of the spirit, if not the letter, of the law, and will order the practice stopped forthwith if they have the power. DENY TRIAL MOTION Former Ohio Treasurer Is Loser in Court Fight. By United Press COLUMBUS, 0.. Fefc. ll.—Former State Treasurer Bert B. Buckley’s motion for new trial was denied today by Federal Judge Benson W. Hough, who set March 11 as the date for sentence. Buckley was convicted of offering a bribe and is subject to twenty-eight years’ imprisonment and a $27,000 fine. GIRLS’ CHORUS TO SING Masonic Home Group Will Go on Air Over WFBM Tuesday. The girls’ chorus of the Indiana Masonic home at Franklin will sing Tuesday at 8 p. m, on the weekly program from the home broadcast by the Kennedy Car Liner and Bag Company, Shelbyville. over station WFBM. Sixty girls sing in the chorus which is under the direction of William Preston McHenry.

HOME

Outside Marlon County 3 Ceuls

TWO CENTS

SHUMAKER MAY BEGIN PRISON TIMETUESDAY Aged Sheriff Rises From Sick Bed to Take Him to Farm. COURT ACT IS NEEDED Quashing of Pending Appeals Necessary Before Start. The- Rav. E. S. Shumaker, superintendent of % the Indiana AntiSaloon League, has requested Sheriff William Resoner of the supreme court to prepare to take him to the Indiana state farm Tuesday to commence serving his sixty-day contempt sentence. Resoner appeared at the supreme court clerk’s office today with, this announcement and asked what procedure was necessary to take the dry chief to jail. He was told that he has custody of Shumaker and the procedure involved would be the quashing of pending appeals in the federal court and abandoning of the plan for appeal to the United States supreme court. Rises From Sick Bed Ths aged sheriff arose from a sick bed, where he has been confined for three weeks following a fall, to come to the statehouse on the case. He. said that Shumaker had phoned him in regard to the matter Sunday. The dry chief had announced two weeks ago that he bought that he w’ould abandon plans for appeal and serve his time. He was sentenced to sixty days and fined $250 by the state supreme court for calling certain judges of the court “wet” in the 1926 report of the Indiana Anti-Saloon League. Shumaker and his officers at league headquarters today refused to comment on the proposed farm trip. Baftell in Chicago When Federal Judge Robert C. Baltzell refused Shumaker’s habeas corpus petition Jan. 25, he granted a thirty-day stay of judgment by failing to enter his decision on the court records. In his federal court plea, Shumaker alleged he w’as being deprived of his constitutional rights. It was said at the federal building today it will be impossible for Shumaker to withdraw his petition or have the suspension of judgment revoked until the return of Baltzeli from Chicago Tuesday. ASK TAX BILL RECALL $8,000,000 Tax Refund Act May Be Withdrawn. Withdrawal of the bill which would have cost Marion county approximately $8,000,000 in tax refunds, was to be asked of Senator Sumner A. Clancy, Indianapolis, today. Merrill Moores, former Seventh district representative here, who drafted the measure, said he would ask Senator Clancy to recall the bill. It provided for repeal of the ten-year limitation on filing of claims for refund of excess taxes paid, and permitted reopening the controversy over payment ox. excess taxes under the illegal horizontal assessment increases of 1919, SCAN DOG POND PUNS $25,000 Project Put Up to Building Commissioner. Plans for the proposed city dog pound were submitted to William FHurd, building commissioner, today by Mayor L. Ert Slack. It is estimated that the dog pound will cost about $25,000. The board of safety will consider the project Tuesday. The new pound probably will bp located in the vicinity of the present dog pound property which is owned by the Indianapolis Humane society or at the sewage disposal plant, southwest of the city. Held as Shoplifters A mother and her 18-year-old daughter, arrested Saturday in a downtown department store, were held on a charge of shoplifting. They are Mrs Creacy Zachary, 52, and Mrsfl Delores' Humphrey, both of 1552 West Washington street. 'WANTED! BULL PUPPIES PIT BULL PUPPIES— Male=! good markings: only $5 *ach. Ch. 4037 R-3. The bull pups advertised in the above ad sold very quickly, and after they were sold there were many more who came to buy. They would see your Dog for Sale ad as they did this one. RESULTS similar to this are reported every day by satisfied users of The Times Want Ads. In placing your ad in The Times you are telling its more than 250,000 daily readers of what you have to sell, and you are sure to find an interested party. Phone RI 5551 and a courteous adtaker wi’ help you to write an ad that wi.. be yciur alarm clock.