Indianapolis Times, Volume 41, Number 87, Indianapolis, Marion County, 21 August 1929 — Page 15

AUG. 21, 1929.

Women Netters Reach Third Round

Efforts to Lift Crown From Miss Wills Appear Useless. SARAH PALFREY STARS 16-Year-Old Upsets Dope on Tuesday. BY WILLIAM J. DUNN United Press Staff Correspondent FOREST HILLS, L. 1., Aug. 21. The annual national women's tennis championships reached their third round here today, with sixteen of sixty-four starters still in the competition for the title now held by Helen Wills. The chance of anew champion being crowned at the end of this tournament appeared no brighter as the first of eight third-round matches got under way. In fact. Miss Wills’ record of only one game lost in two two-set matches has tended to serve as an indication that the champion is thoroughly prepared foT the rigid defense of her laurels. Plays Miss Francis Helen faced Miss Alice Francis of Orange, N. J„ in her third match today and. as usual, no one conceded her opponent even an outside chance. The spotlight, however, is not for the champion alone this year. The appearance of sturdy Betty Nuthall in the championship lists demanded a good share of the attention of followers of the game from the start of the tournament. Then, to complicate matters, Sarah Palfrey, a minute package of tennis ability from Brookline. Mass , provided the greatest sensation of the season Tuesday by halting Mr?. Dorothy Sheperd-Barron of Great Britain, in three thrilling sets. “Startles” Gallery Miss Palfrey established herself as a great favorite with the gallery through her colorful and expert playing. Only 16 years of age, Sarah actually startled followers of the game with the ability she displayed. Miss Palfrey was matched with Miss Mary Greef of Kansas City, today. The New England girl scored a 6-1, 6-3 victory over Miss Greef in the finals of the eastern turf courts championships and, hence, was an overwhelming favorite as the match started today. BOUTS AT ANDERSON B,y Tfmr Special ANDERSON. Ind., Aug. 21. Three ten-round bouts are scheduled on Promoter Melcher’s fight card at Athletic park next Monday night. Norman Brown, Chicago, will oppose Shifty Dando, Columbus, 0., in the headliner. Rosy Baker, Anderson, and Tommy O’Brien, Indianapolis, will meet in the semi-w r indup, and Jackie Reynolds, Yorktown, will return to the ring to oppose Red Holloway, Indianapolis.

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I Wm- Powell—Clive Brook—Xoah Beery

State Bike Champ Going East

Tommy überta, shown above. Western Union messenger boy, has been entered in the national bicycle races, to be held in Newark, and is to receive a diaÜberta captured the Indiana state amateur title at the fairground recently, and is to receive a dia-mond-studded gold medal. Denny Deusenberg, winner of the state junior title, also is entered in the national event. The two boys, with Fred Deusenberg and Charles Wehr, will leave for Newark a few days before the races. Überta has shown good form in daily practice trials and is expected to make a strong showing in the national event.

Hoffman Victor After Knockdown Bv Vailed Prexx NEW YORK, Aug. 21. George Hoffman of New York, former national amateur heavyweight champion, got up off the floor to defeat Salvatore Ruggerillo, Italian from Tunis, Africa, in a ten-round bout Tuesday night at the Queensboro stadium. After being down for nine in the second round from a right to the jaw, Hoffman recuperated between rounds and won every one of the succeeding rounds. He had the Italian groggy several times before the end.

MOTION PICTURES

Schwartz, Huat Clash for Title IS aln tied Pre*x NEW YORK, Aug. 21.—Corporal Izzy Schwartz of New York, recognized as world’s flyweight champion by the New York state athletic commission, and Eugene Huat of France, who knocked out Emile ( Spider) Pladner, have been matched for a fifteen-round bout at Madison Square Garden Oct. 4. The match is announced for the world’s 112-pound title.

Baseball Calendar Games Today— Results Yesterday

AMERICAN ASSOCIATION Won. Lost. Pet. Kansas City S3 40 .675 St. Paul 72 SI .585 Minneapolis It* 33 .563 INDIANAPOLIS 58 65 .472 Louisville 58 65 .472 Columbus 56 68 .452 Milwaukee 50 74 .403 Toledo ... 45 76 .372 NATIONAL LEAGUE W. L. Pet. W. L. Pet. Chicago 75 38 .676 Brklyn.. 51 63 .447 Pitts... 66 46 .589;Clncin... 49 65 .430 N. York 63 53 .543 Phlla 47 66 .416 St. Louis. 57 57 .500 Boston.. 46 68 .404 AMERICAN LEAGUE W. L. Pet. W. L. Pet. Ph11a.... 83 34 .709 Detroit.. 55 62 .470 N. York. 69 44 .611; Wash.. .. 50 63 .442 Cieve... 60 55 .522 Chicago. 45 72 .385 St. Louis 60 57 .513 Boston.. 40 75 .348 THREE-I LEAGUE W. L. Pet.i 'W. L. Pet. Decatur. 67 49 .578 T. Haute 60 55 .522 Quincy. 64 49 .566 Peoria.. 54 62 .466 Ev’sville 61 52 .540 So'gfield. 52 62 .456 Bl’mton. 61 57 .517 Danville 41 74 .357 Games Today AMERICAN ASSOCIATION Minneapolis at Columbus. Milwaukee at INDIANAPOLIS (two games) Kansas City at Louisville. St. Paul at Toledo. NATIONAL LEAGUE Cincinnati at Boston (two games). St. Louis at Brooklyn. Chicago at New York. Pittsburgh at Philadelphia. AMERICAN LEAGUE New York at Chicago. Washington at Cleveland. Boston at Detroit. Philadelphia at St. Louis. Results Yesterday AMERICAN ASSOCIATION Minneapolis 000 020 001—3 6 1 Columbus 000 204 30x—9 15 1 Benton. Griffin and Kenna; Jablonowski and Devine. St. Paul 000 410 410—10 17 2 Toledo 000 000 001— 1 4 2 Harriss and Hargrave; Ferguson. Wright and McCurdy.

Guess ’Em With Babe The Babe Ruth All-America Baseball Contest, conducted by The Times. Do It Now! Entries Close Aug. 31. Name ten players from American and National Leagues: two pitchers and one player for each of the other eight positions. Place your selections in a batting order the way you think Ruth wiU line them up. 1 2 3 4 5 6 7 8 Two pitchers Accompany your selections with a short article, 50 to 100 words, explaining why you believe your team is the best that can be chosen out .of the major leagues. (The prize list: First, $25; second, sls; third, $10; and six attractive prizes offered by The Babe himself.)

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MIKE HALL SCRATCHED Weight Impost Causes Withdrawal of Feature Horse. Bu United Prcsx HAWTHORNE, 111.. Aug. 21. Mike Hall, the crusader, will not compete in the mile and an eighth Crusader Special when it is run today, although the SIO,OOO race was arranged as a Chicago farewell to Mike Hall on the eve of his invasion of England. The feature horse was scratched when asked to carry 126 pounds. Display, his rival last year, got in with 116 pounds.

Kansas City 113 001 000—6 12 3 Louisville 100 132 Olx —8 4 0 Sheehan, Fette. Nelson and Anglcy, Peters; Deberry and Thompson. NATIONAL LEAGUE (First Gamei Chicago 000 000 001—1 6 2 New York 000 000 22x —4 9 2 Bush. Cvengros and Tavlor. Gonzales; Fitzsimmons and Hogan. O'Farrell. (Second Game) Chicago 000 100 000—1 6 0 New York 000 000 000—0 6 2 Carlson and Taylor; Rubbell, Scott and O’Farrell. Pittsburgh 100 000 500—6 11 1 Philadelphia 215 000 OOx—B 12 3 Brame. Hill. Petty and Hargreaves, Linton; Koupal, Willoughby and Lerian. (First Game) St. Louis 000 020 100—3 10 2 Brooklyn 000 200 000—2 8 0 Sherdel and Smith: Vance and Deberry. (Second Game) St. Louis 000 000 000—0 4 2 Brooklyn 300 000 Olx—4 6 1 Johnson and Wilson; Moss and Deberry. Cincinnati 001 230 000—6 11 1 Boston 000 000 020—2 8 .3 Lucas and Gooch: Cantwell. Peery and Spohrer. Legett. AMERICAN LEAGUE Philadelphia 001 000 000—1 4 0 St Louis 000 002 OOx—2 8 0 Earnshaw, Quinn and Cochrane; Crowder and Manion. New York 120 011 000—5 11 2 Chicago 010 003 000—4 8 0 Zachary. Moore and Dickey; Faber and Berg, Crouse. Boston 004 400 130—12 15 1 Detroit 003 001 400— 8 13 1 Ruffing and Heving; Graham. Prudhomme, Yde and Hargrave. Washington 001 229 10O—6 12 3 Cleveland 200 OCO 000—2 9 2 Burke. Thomas and Spdncer; Shoffner, Holloway and L. Sewell. Myatt. THREE-I LEAGUE Quincy. 8: Bloomington. 5. Springfield. 15; Peoria, 12. Decatur. 4: Evansville. 0. Terre Haute, 8: Danville. 5. SIGNS WITH BARONS Ray Caldwell, veteran pitcher who has been playing semi-pro ball around Little Rock, has signed with the Birmingham Barons.

CHICAGO IN SEMI-FINALS Oak Brook-Du Page Team Advances in National Polo Meet. By United Press CHICAGO, Aug. 21.—Chicago’s entry in the United States Polo Association's twelve goal tournament, the Oak Brook-Du Page team, was due to their victory over Fort Hoyle, Md., on Oak Brook’s field yesterday. The Chicogans won 10 to 7.

Major Homer Leaders

Klein, Phillies 83 Ruth. Yankees 33 Ott, Giants 31 Wilson, Cubs 31 Foxx. Athletics 80 Gehrig, Yankees 27 Simmons, Athletics 27 Hornsby, Cubs 27 Bottomley. Cards g Hurst. Phillips 26 BORG IN MATCH RACE Bu United Prc PARIS. Aug. 21.—Arne Borg today accepted the invitation of the French swimming champion, Jean Taris, for a match race in Paris Sept. 31. Borg said he preferred distances of 400 or 1,000 meters.

AMUSEMENTS ft LYEIC , M* Ik Season’s Supreme! %. f VAUDEVILLE IUaLdIL BUX KEITH ACTS LalffillsSl' rh ® Eopnlar Morle Star WILLIAM IgHf DESMOND IVIS with MARY Mae IVOR fa and HARRY BHUTAN ■■ IN PERSON Jill TEXAS FOUR ACES OF HARMONY BLOMBERG’S Befors ALASKANS 1:00 A Real Trsal <*k FOUR COVANS Uays steppers Da Laxe T 2EEPK4Si“SS. Sf “BEWARE” OF ?! BACHELORS” ISP with ACDRY FERRIS NEXT SATURDAY ■ OCR GANG KIDS IN PERSON

Phone Wire Tapping to Nab Booze Ring Is Upheld by Court Mrs. Willebrandt Declares She Is Opposed to Getting Evidence by This Means; Tells of Seattle Case. (The “Whispering Wires” case in Seattle stirred up wide comment and went right up to the supreme court, which decided that the "wire-tapping ’ was jmrtifiable. Mrs. Willebrandt does not agree with the decision, but she admits its importance to prohibition and relates the inside story behind the case.) BY MABEL WALKER WILLEBRANDT. (Copyright. 1929. by Current News Features. All rights for publication reserved • throughout the world.) IN one case of widespread interest a prohibition victory was achieved in which I not only had no part, but which I actually opposed. I refer to the so-called “whispering wires” at Seattle, Wash. That involved the prosecution of a bootlegger named Olmstead. I certainly approved of apprehending Olmstead —he was the head of a big ring of liquor runners from Canada —but I didn’t approve of the way the prohibition agents obtained their evidence. Practically all their testimony consisted of things they overheard on tapped telephone wires. Now, I thoroughly disapprove of" the practice of tapping telephone wires. Irrespective of its legality, I believe it a dangerous and unwarranted policy to follow in enforcing law. Idany of the states of the Union have state laws against it. The point involved in the Olmstead case was whether, in the absence of a state law, the federal Constitution alone prevented obtaining evidence by tapping wires. When the point was sustained in lower federal courts, and reached the supreme court of the United States, I indicated to the solicitor-gen-eral my unwillingness to argue the case and try to justify the prohibition agents’ wire-tapping tactics, when I so thoroughly disapproved of them. Consequently, Mr. Mitchell employed distinguished counsel, a man formerly associated with his firm in Minnesota.

The facts and points of law involved are so interesting to the average citizen that I shall outline them briefly. Wires Are Tapped Roy Olmstead formerly was a lieutenant of police in Seattle. He embarked in the liqur business, and his trial became nationally famous as the “whispering wires” case. In one of the cases in which he was involved, ninty-one persons were indicted, charged with conspiracy to violate the national prohibition act by importing, transporting, and selling intoxicating liquor. Os these, many lived in Canada, and fifty-eight were not apprehended, but of the remaining thirty-three, four pleaded guilty and twenty-one convicted by the jury. Only eight were acquitted. It will be seen from this how extensive were Olmstead’s operations and how important it was to obtain convictions, to end the operations of a gang that was flooding the Pacific northwest with liquor. The gathering of evidence in the case continued for many months. Most of it was obtained by intercepting messages on telephones of the conspirators. The wires of the main violators were tapped just outside of their homes. The organization had an office and the telephone line from the office was tapped also. The “tapping” was done without trespassing on property of defendants. Hear of Big Deals For many months federal prohibition agents listened on these lines. Stenographic notes were made of conversations heard, and knowledge thus was obtained of enormous transactions in liquor. In this manner, prohibition agents heard orders given for liquor by customers, conversations between members of the bootlegging gang, instructions as to delivery of liquor, and also many highly interesting if not edifying bits of conversation about government officers in general and in particular. The agents also heard through this tapping operation much “news” that was no news to them, such as word passed between members of the gang as to capture of the organization’s vessels, the arrest of their men, and the seizure of their liquor in garages and other places. Over the whispering wire came to the prohibition agents messages showing how arrested members of the gang had been released, and details of attempted bribery of ofThe operations of Olmstead were as unique in character, as they were extensive in volume. He made connections with a man having some radio knowledge and talent, and together they purchased and operated a radio broadcasting station. This station was used for the purpose of

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getting news to incoming boats employed by Olmstead to bring in cargoes of liquor. Mrs. Olmstead frequently broadcast on this station, and her programs consisted largely of bed-time stories. It was the belief of the agents and investigators that the stories constituted code signals to the boats at sea, advising them when the coast was clear, and where the coast guard boats were likely to be. Olmstead’s radio partner, a man named Hubbard, was arrested and joined as a conspirator in one of the cases. He was not tried, however, but assisted the prohibition officials at Seattle as a confidential informer. Later an effort was made to indict Hubbard on evidence gathered by the intelligence unit of the treasury department, intended to show that Hubbard had “worked both sides of the street,” using his knowledge as a prohibition agent to help Olmstead in his operations and using his knowledge of Olmstead’s plans to hold his position with the government as informer. There was evidence that Hubbard had entered the prohibition service as a poor man, and yet allegedly had lived “like a king” on $175 a month. The effort to indict Hubbard failed, however, and there were charges that the intelligence unit was trying to discredit the prohibition unit. Many of the people of the state of Washington who were strong advocates of prohibition enforcement felt that Hubbard’s indictment was sought in order to

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prevent honest prohibition agents from pursuing their work. An intense bitterness developtd between the two branches of the treasury department, and It was uot an uncommon thing for agents of the intelligence unit and for the special assistants to the attorneygeneral who had been sent to Seattle to handle the Hubbard case to be “shadowed” by agents of the prohibition unit and thtir friends. The evidence obtained over the “whispering wires,” and otherwise, disclosed an illegal liquor business of amazing magnitude. It involved the employment of not less than fifty persons, of two seagoing vessels for carrying liquor from Scotland to British Columbia, the employment of smaller vessels for coastwise transportation, the purchase and use of a ranch for an underground cache for storage of liquor, the operation of a central office in the heart of Seattle, the employment of executives, salesmen, delivery men, dispatchers, scouts, bookkeepers, clerks, and an attorney. Monthly Business Huge Monthly transactions reached a total as high as $176,000 and aggregate for the year’s operations probably exceeded $2,000,000. Olmstead was the leading conspirator. He acted as general manager. His contribution to the capital of the business was SIO,OOO. Eleven others were his partners by virtue of contributions of SI,OOO apiece. Profits were divided, one-hal’ to Olmstead and the remaining half to the other eleven. One of the chief men was always on duty at the main office to receive orders by telephone and to direct the filling of these orders by a corps of men stationed in another room, called “the bull pen.” At times the sales amounted to 200 cases ol liquor a day. In this statement of the case I largely have used the language of the supreme court and the court of appeals. Appeal Is Sustained The convictions were appealed to the circuit court of appeals, which upheld them, and then the supreme court of the United States was asked to review the case. After first denying a review, it granted one, and its decision upheld the legality of obtaining evidence by the tapping of phone wires. Contention of the conspirators was that the method of obtaining evidence violated the fourth and fifth amendments of the United States Constitution. On the question of constitution-

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PAGE 15

ality, the remarks of United States District Judge Netorer are interesting and worth repetition. "The fourth and fifth amendments can not be emasculated so as to give criminals carte blanch* In the use of the public telephone utility, whether the conspiracy is to violate the eighteenth amendment and Volstead act, or for the destruction of life or property, or, perchance, the overthow of the government. A man’s house is his castle, the four walls of his habitation, the invasion of which was the evil prohibited without a search warrant based on probable cause. These amendments do not make the walls of this house, or castle, co-extensive with the limits of the city, state, or nation, and give immunity to criminals In carrying forward their unlawful schemes by telephonic activities. “Such situation would be deplorable and intolerable, to say the least.” in the language of the dissenting opinion; and in the light of the evil to be guarded against, which must be taken into consideration, such license can not be given, and the lawabidlng people of the community, the state, or the nation placed at the mercy of criminals seated in their homes, giving command and direction to co-conspirators throughout the city, state, or nation, and carry forward the criminal activities.” “The people have some righgts under these amendments, as well as the criminals. Although personally I still would use my Influence to prevent the policy of wiretapping being adopted as a prohibition enforcement measure, I nevertheless recognize that the interpretation of the United States Constitution against the lawbreaker and in favor of the government’s right to catch him, Is s prohibition victory of no small proportions. In her next installment Mr*. Willebrandt tells how the law ha* been put to work, how statutes applying to prohibition were clarified and interpreted.

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