Indianapolis Times, Volume 40, Number 276, Indianapolis, Marion County, 8 April 1929 — Page 7

APRIL 8, HE'D

SPEED ACTION ON PROBE OF RAID SLAYING Family Again Seeks to Disqualify Prosecutor From Directing Jury. B ■ i I",. GENEVA, 111.. April 8 —Attorneys for both sides moved today to speed np investigation of the dry raid killing of Mrs. Lillian De King in Aurora, just two weeks after she was shot to death by Deputy Sheriff Roy Smith in a raid that netted a gallon of wine. Robert A. Milroy and Albert J. Kelley, attorneys for the Dc King family, announced they were prepared to go before Judge John K. Newhall today and demand that State' Attorney George D. Carbary be disqualified from conducting a grand jury investigation of the death. To ( all Special Jury At the same time Carbary said he would petition for a special grand jury, as the regular jury does not convene until April 23. He said he , would make no recommendations for indictments, but would lay before the body all the facts. Milroy outlined four points lie J said he would stress when asking j that Carbary be disqualified. 1. That Carbary is prejudiced. ' 2. That he admitted giving an J opinion that Smith was justified in > shooting Mrs. Dc King. 3. That Carbary disqualified him- | self when he filed a petition, confessing the opinion, and asking that j the state attorney-general take charge of the case. 4. That Smith and the other ; raiders were working under Car- : bary's orders wiien the killing took j place. Hope State Action Milroy said he hoped his petition { would result in the state attorney- j general reconsidering taking over , the investigation. Eugene Boyd Fairchild, investiga- j tor charged with perjury in con- ! nection with the search warrant j used m the De King raid, will be j arraigned today before Charles i Nickerson, justice of peace, in j Aurora.

DICTATOR OF POLAND BATTLES PARLIAMENT Members of Legislature are Called Monkeys by Pilsudski. Vn Unit, <i Pr- 88 WARSAW. April B.—The wide breach between Marshal Joseph Pilsudski, the virtual dictator of Poland and members of the Polish sejm as a result of the recent impeachment of Finance Minister Gabriel Czechowicz, continued to darken the political outlook today. Marshl Pilsudski is bitter against .‘lie members of the lower house of the diet for impeaching the finance minister, lus friend and political ally. In a Sunday article in Warsaw papers, the marshal, who is war minister of Poland, charged the members of sejm with "moral corruption.” He said: “I agree with a friends description of the members of sejm as a managerie of monkeys who do not even pretend to act like humans.”

RACKET BULLETS TAKE VICTIM IN DETROIT Man Shot Down on Street Corner While Talking to Girl. B;t I nil'll IV. as DETROIT. April B.—Believed to be the second victim ol a racketeer, Howard Ryan, 26. was shot down early today as he stood conversing with Irene Walker, a air! friend,' by one of three men in an automobile. Ryan is the second man to be murdered in three days here. Saturday morning Walter Munchow, 28, a Checker cab driver, was found stabbed to death in his cab. Ryan and Miss Walker were standing on the curb. An automobile drove up and a man alighted. He walked up to Ryan and started an argument. Running back to his car. the unknown gunman tired five times from the running board. EDUCATIONAL SOCIETY HONORS 2 HOOSIERS Earlham and Indiana Professors Awarded for Research Work. Two Indiana college professors have received awards for research work it was announced today by the American Council ot Learned Societies ol New York. The winners ot the awards are: Miss Ruby Davis, professor of English at Earlham College. Richmond, lnd.. and Stith Thompson, associate professor ol English in Indiana university Miss Davis received her aw ard for travel in Europe in connection with the study ot the sources of Bede's poetry She plans to spend the coming summer in further research. Thompson received his award for work done in folklore, traditions, myths and fables.

HEATING SOCIETY MEETS Expert 690 at Sixteenth Annual Convention Here Tuesday. National Warm Air Heating So- ! eiety will open its sixteenth con-j vention Tuesday at the Claypool] with Charles E. Hall, national president. presiding. About 600 will attend. Dick Miller City Trust Company president, will welcome delegates Tuesday morning. Seiz,e Liquor in Tomato Crates £i> t Fitted I’rt sjf RICHMOND. Va.. April B.—Fiftythousand dollars’ worth of liquor hidden in tomato crates was discovered in a freight car here and confiscated by county authorities.

M’LAGLEN ISN’T SO STRONG IN THIS ONE

‘Strong Boy' Does Not Live Up to as Much Strength as the Title Suggests, but the Director Does Wonders.

LOEW'S PALACE—“The Broadway Melody,’ now in its second week, remains the best talker and singer seen here so far. INDIANA—The stage show with Rosemary Plaff and others walk away with the honors on this bill. ClßCLE—Dorothy Mackaill and Milton Sills attempt to put the box office "it" in "His Captive Woman,” which is in no way related to the stage play, “The Captive.” OHIO—“The Wild Party” is the weakest Clara Bow picture yet. APOLLO—An attempt has been made to make a star out of Victor McLaglen in "Strong Boy,” but the story is too weak and has too much hokum. But the director has done a fine job in making a weak story rath ;r pleasant' but harmless entertainment.

BY WALTER D HICKMAN WE have an interesting study in "Strong Boy,” with Victor McLaglen and Leatrice Joy, what a clever director may accomplish with a weak story. “Strong Boy” is just a series of hokum incidents in the life of a dumbbell baggage smasher in a railroad depot. Granting that the story is just hokum, we must admit at the very beginning that John Ford, the director, has elevated the plain hokum and slapstick comedy with its sob sister sentiment to that degree that the entertainment becomes human theater. Most of the picture is just a

series of intimate poses on the part of McLaglen who was boosted into fame by his work in “What Price Glory?” But McLaglen does make the boob baggage smasher have moments of being very human and lovable although dumb. We first see him as a strong man in the baggage room at a big depot. He is good natured, loves to play and loves to make love to the little girl at the magazine counter, played by

Leatrice Joy. She tries to drive ambition into big boy but the dose doe sn’t take. When ever he does an act of merit that brings, promotion, she wants him to choose a white collar job. And so his big promotion gets him into overalls as a fireman. After our big hero whips a gang of bandits holding

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Leatrice Joy

|up the train carrying a visiting queen over this country, our little magazine lady just loves her hero in - overalls and all is well. Miss Joy has practically nothing to do but appear when the heart interest is needed. The scenes devoted to the little tot who is lost in the big depot are good sentimental hokum and gets over well. “Strong Boy” is at times comfortable sentimental hokum theater but it will not make a star out of McLaglen. The photography is good and the direction is splendid. It is the director who has given the picture what .uman charm it has. The most interesting item that I found on the Apollo bill is the Vitaphone short subject of Phil Baker, the bad boy from a good family. He records well and his accordion playing is just as good as it was on the stage. He introduces the singing boy in the audience just as he does on the stage. This Phil Baker Vitaphone is the best of the vaudeville shorts I have seen. Now at the Apollo. LETTING SILLS* DISH BOXOFFICE “IT” Well, well, well, they wouldn't let Sadie Thompson in “Rain” dish out the hardboiled remarks on the screen as she did on the stage. But they permit Miss Berger, I think that is the name of the chief chorus dame in “His Captive Woman” to out-Sadie Sadie Thompson in a tough way of living. In other words, the producers of "His Captive Wowan” have anticipated the arival of the “Trial Mary

Dug an” on the screen and so they turned out this one, thus permitting Miss Dorothy Mackaill as the rough chorus dame and Milton Sills to place the box office “it” in this picture. We are concerned w i t h the trial of the chorus girl, who shot down her rich daddy when he went a joy hunting w i t h another chorus dame. After

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Milton Sills

a deliberate shooting, the chorus girl, who did the shooting beats it to safety on an island in the South Seas where she made whoopee with a white whiskered old governor of the island as well as the natives and the rest of the no accounts, who inhabited the island. We learn all of this as the witnesses tell their stories on the witness stand. Then Milton Sills as a New York policeman who was sent to bring her back “dead or alive.” takes the stand and by means of the flashback tells how he went to : the island and started back to the states with the dame on a boat. Then there is a bad storm at sea and the schooner is wrecked. The . copper is rescued by the dame and | to show her gratitude for being a heroine she ups and shoots the copper in the arm. Policeman doesn't die and so the two start a Robin- | son Crusoe existence on the island. The girl is pretty nasty all the time, trying to vamp the copper into bed , time submission but the copper jclaims it wasn’t that kind of a trip. Then the girl starts to get religious. {So much so that she save the copper j from the sharks and for that the copper produces a Bible and they marry themselves. And to show that she has a soul, the girl starts the signal fires when a ship shows up many years afterwards. Just a j theatrical, sentimental and at times j silly yarn but it has that "it” stuff j in it in strong doses. The director has been wrong in I turning the courtroom into a lowcomedy scene at times. Y'ou will never hear of such goings on in real life in the courtroom of Judge Jamee Collins of this city. Would suggest i that if directors want to study the i realism of court action in real life | that they visit Judge Collins’ court i listic as a toad becoming a rich banker in Wall Street. Now at the Circle, and study the way he conducts a i trial. The director has cheapened ' his story by permitting the second

chorus girl to get familiar ’with the judge as well as the jury. It is bad i theater. Such antics gets the laughs, but it has no part in the j trial. Miss Mackaill does very little ; talking, as she does not take the ; witness stand. Sills is all right as ! the story book New York copper who does not lose his head over women. Here is just theatrical melodrama I acted in that speed. No realism here, just a yarn. And the “sentence” of the court is about as reals a a STAGE SHOW BEST AT INDIANA The honors this week go to Miss Rosemary Pfaff, Indianapolis girl, who delights the audience at the Indiana with her two song numbers. Miss PfafT has appeared here before at Keiths and in big time revues. Especially her first number is very good. Asa whole the stage presentation is above the average. Charlie and his men are right there with the rhythm and enthusiasm it takes to put over a popular song. Asa surprise to me Charlie even plays the Indiana console pipe organ. KaravaefT, Russian tap dancer, almost stopped the show when I was there. Stanley House furnishes some good comedy, and the Gibson girls perform some intricate dance steps. The finale reminds me of some of tthe big shows. “The Wolf Song,” featuring Gary Cooper and Lupe Velez to me is just another picture, although you might like it. The climax has pathos when Cooper leaves Lupe to go back to the mountains, as has the ending when he comes back to her. With two other trappers Gary comes from the mountains to sell his furs. To him the freedom of the mountains means everything Women are something of the moment, but soon forgotten. And then he meets Lupe, whp is of high family. She sings to him. and thus wins his heart. Knowing her father would never consent to their marriage she runs away with him into the mountains. Arriving at a fort (which had been erected for protection from the Indians') they are married. As the days pass Gary feels the call of the mountains which is personified in the “Wolf Song,” sung with gusto by the rough trappers. The spirit of freedom becoming too strong. Gary decides to leave. Lupe tells him if he does he can never come back. Once in the mountains Gary soon discovers that love is stronger than everything. On his way back to he is encountered by two Indians and wounded. Finding that Lupe has gone back to her father, he goes after her. Lupe. who lias decided she hates him, loves him all the more when he confesses that love is stronger than all else. Happy ending. Other features are Dale Young at the organ and news reel. Now playing at the Indiana. (By Observer.) "BROADWAY MELODY" REMAINS AT THE PALACE “The Broadway Melody” is now in its second week at Loew’s Palace. It is now the talk of the town, and it deserves to have another big week. Here is the biggest and the best of all the talkers and the singers. It guarantees the future for this sort of entertainment. I told you in detail last week about this picture. Still at the Palace. BOW’ PICTURE MOVES TO THE OHIO Clara Bow’s “The Wild Party” has moved to the Ohio after holding out all last week at the Indiana. It is my opinion that this is the weakest Bow" picture and does not establish her as a movie talker. The box office story of this one shows that the people bought it in large amounts. At the Ohio all week. Other theaters today offer: “The Great Necker,” at English's “The Gun Runner,” at the Isis; “The Red Kimono,” at the Bandbox: vaudeville at the Lyric, and “Hiz Bang Revue," at the Colonial.

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HOOVER’S EOIGT 1 PUTS BRAKE ON DRY FANATICS Constitutional Rights of All Must Be Respected, President Rules. ; li / 7 inn s Special WASHINGTON, April B.—President Hoover does not intend to let ’"his administration be forced into a position of fanatical enforcement of prohibition or any other federal | laws, it was learned today. | Since he took office, the President has iss' ed instructions against vioj lation of citizens’ constitutional | rights in carrying out his demand for enforcement of all laws. It also is known that the President is con- | cerned deeply lest overzealous offi- ! cials presume upon his strong stand I for a vigorous offensive against lawj breakers by infringing on the individual’s personal and property | rights. j Every constitutional safeguard that makes a person secure in his person and property, the President has warned his law enforcement officials, must be respected scrupulourly. Although many believe that a growing spirit of violence has been manifested by federal agencies within recent days, as in the sinking of | the I’m Alone and the raid on j Stuyvesant Fish’s yacht in New York harbor, and by state groups, as in the attack on the Joseph De King home at Aurora, 111., the President’s orders did not grow out of! these incidents. They may fall within the cate- j gory of invasions of constitutional rights deprecated by the chief cxecutixe, but since his order was sent out before they were committed, there was no specific relation be- | tween the enforcement activities and the insistence on a policy of restraint. Though the President did not discuss the Aurora incident, which led to holding the state agent on a | charge of manslaughter, other of- ! ficials have made clear they would ! not tolerate the methods used in j the attack on the De King home. Both Seymour W. Lowman, assistant secretary in charge of prohibition, and Dr. J. M. Doran, federal dry czar, have condemned the free use of firearms in enforcing prohibition. FOREIGN-BORN LEAD IN SCHOOL CHILDREN Walsman Prepares Chart to Show How Ratio Differs. Communities with a higher percentage of foreign born have more children than communities with a low percentage of foreign born, Albert F. Walsman, business directo; i of the Indianapolis schools, has | demonstrated on a chart which he j has compiled. Indianapolis has 100 school civil- : dren for every 202 adults, while j East Chicago has 100 school chili dren for every 130 adults and Hammond has 100 school children for I every 130 adults. Coal mining communities also ; have a large birth rate. Bicknell [ has 100 school children for every 115 adults and Clinton has 100 for every ' 125 children.

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Lincoln 1 1515 j

THE INDIANAPOLIS TIMES

EXCUSED TO WORSHIP ! Sentence Stayed During Jewish Holidays. Joe Farb, convicted bootlegger, j was given a stay on a sentence of thirty days on the state farm Saturday by Judge James A. Collins of the ! criminal court, to permit him to j worship the Jewish holidays—the Feast of the Passover, April 25 to May 4. Farb has fought from the munici- ; pal court to state supreme court to j keep from paying a SIOO fine and serving a thirty-day sentence on a liquor selling count. He will appear before Judge Collins May 4 to be remanded to the state farm to serve his sentence. Wine and Cigar Cost Is Huge b’ji United Press LONDON. April B.—Wines and cigars for entertaining distinguished visitors cost the government $7,965 during the last financial year, according to the accounts just published by the government hospitality fund. British Fire Loss 7>V/ United Press LONDON, April B.—Between $45,000,000 and $65,000,000 is lost every year in Great Britain due to fires, it is unofficially computed. STOPS ASTHMA m ID PAY D. J. Lane, a druggist at 1413 Lane Building, St. Mary’s. Kan., manufactures a remedy for Asthma in which he has so much confidence that he sends a $1.25 bottle by mail to anyone who will write him for it. His offer is that he is to be paid for it after you are satisfied with results, and the one taking the treatment to be the judge. Send your name and address today.—Advertisement.

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Marries Pupil

W v ■; % ; h ' Hi •• *

Miss Marie Jones. 21, school teacher of Arden, Tex., recently wedded Ben Ault. 16, one of her pupils. She’s still teaching, but young Ault has quit books to take a job on a ranch.

BOYCE REJECTS SIX SLATES IN PRIMARY RACE Hoffman Named by Manager Friends in LastMinute Filing. Names of five Republicans and one Democrat had been offered City Clerk William A. Boyce Jr. as candidates for mayoralty nominations when attorneys today began study of three suits pending in the state supreme court which may involve contsitutionality of th& city manager act. Fred C. Gause, counsel for Boyce and city manager adherents, and Samuel Ashby, representing Charles W. Jewett, former mayor, whose proffered slate of Republican candidates was rejected by Boyce Friday, are examining the suits appealed from Michigan City, New Albany and Evansville. J. Clyde Hoffman, attorney and state senator, was the fifth Republican to enter the lists for the nomination for mayor. His name and those of two councilmanic candidates, were slipped under the door of Boyce's office at 11:55 p. m. Saturday, five minutes before the dead line for the filing of candidacies for the city primary which would be held May 7 if the city manager act were declared unconstitutional in the meantime Filing, with Hoffman, were George L. Denny, attorney, for councilman from the Third district, and Ellsworth E. Heller, coal dealer. Heller said today friends had filed his name for councilman on the ticket presenting Hoffman for mayor. But Boyce declared Heller’s declaration of candidacy was for the nomination for mayor. Explaining his candidacy, Hoffman said he “was prompted by the earnest solicitation of Republican friends, many of whom insisted that the voters of this city should have at least one candidate for that office in the primary, if one be held, who if elected, would be friendly to the city manager program.” Hoffman was instrumental in winning senate passage for the city manager amendment bill in the re-

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cent general assembly. He said he still is of the opinion the city manager law is constitutional. “However,” he continued, “if the supreme court should hold the law unconstitutional, I then shall seek the nomination and election, with a determination to carry out the will of the people with reference to their city government, and to administer the affairs of the city, so far as possible, under the federal form in keeping with the ideals and underlying principles of city manager government,” William H. Remy, former prosecutor, and Ralph M. Spaan, attorney, are among those supporting Hoffman. Boyce today returned the declarations of candidacy, as he has those submitted Friday and Saturday. Records in his office will show they were “presented and not accepted.” Other Republicans, besides Hoffman, who filed for mayor were Jewett; Thomas A. Dailey, former state senator; George L. Winkler, Marion county sheriff, and John L. Duvall, who resigned as mayor after conviction of violation of the corrupt practices act. Reginald H. Sullivan, attorney, is

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