Indianapolis Times, Volume 41, Number 162, Indianapolis, Marion County, 16 November 1929 — Page 2

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JUDGE’S ACTION ACQUITS WOMAN IN DEATH TRIAL Mrs. Jeanette Kilner Is Absolved of Fatally Shooting Husband. While Mrs. Jeanette Kilner, 54. was at liberty today, absolved of a charge of murdering her husband six months ago, prosecutors were preparing an appeal to the state supreme court to test the legality of the criminal court procedure that gamed her release She was acquitted of a second degree murder charge by an instructed jury late Friday, after state’s attorneys spent two days in presenting circumstantial evidence pointing toward her guilt. Her twelve peers, who had been chosen to weigh evidence in the charge against her, were instructed by Special Judge Ralph Kane, who acted on a motion of the defense attorney, to find her not guilt}'. She faced life imprisonment if she had been convicted of fatally shooting her husband, Edwin Kilner, 64, at their Speedway City home May 1. Can Not Be Tried Again Regardless of the action of the supreme court in passing on Kane's procedure, Mrs. Kilner can not be retried on the murder charge. 111, with a lung congestion that threatens pneumonia, according to her attorney, T. Emest Maholm, Mrs. Kilner is at her home, 1470 North Pennsylvania street, under care of a physician for a bullet wound in her head Inflicted about the same time her husband was shot. She steadfastly denied she shot her husband or that she later turned the weapon on herself. Ruling on the defense motion to instruct jurors to acquit Mrs. Kilner, Kane said there was nothing for him to do but sustain the motion. "I would not be justified in submitting this case to the jury,” he •aid. Evidence Is Circumstantial “State’s evidence shows there was no 111-will or strife between the elderly couple. The state’s case is based on circumstantial evidence, Inferences based on inferences. It is just as plausible to assume the husband attempted to murder Mrs. Kilner, then turned the gun on himself.” “There was no apparent motive for the murder,” Kane said. Deputy Prosecutors Paul Rhoadarmcr and Harry Gause had attempted to found their case on the contention that the defendant shot her husband because he would not assign his property or bank account to her. Two state's witnesses testified such a condition existed in the Kilner home. GETS SERVICE CROSS war Department Honors lowan for Heroic Feat in War. Rv United, Pr-ss WASHINGTON. Nov. 16—Award of a Distinguished Service Cross to former Sergeant Lane E. Stansberry, Fairfield, la., was announced by the war department today. Stansberry was a member of Company M. One hundred sixty-eighth infantry. For-ty-second division and was rewarded for single-handed capture of a German machine gun wtih twenty prisoners near Flirey, France, Sept. 12, 1918. BRITISH EXPLORER DIES Death Recalls Story of 111 Fortune to Disturbers of Tomb. Bv United Press LONDON, Nov. 16. Captain Richard Bethell. heir of Lord Westbury, died suddenly in his sleep today at the age of 46. His death recalled the story that ill fortune would follow those who disturbed the tombs of the Pharoahs. Bethell was a member of Howard Carter’s party which opened the famous tomb of Tut-nnkh-amen. VOTE FRAUDS CHARGED Four Under Arrest in Detroit in Mayoralty Balloting. Bv United Press DETROIT. Nov. 16.—Four men have been arrested and others are expected in connection with the alleged fraudulent voting practices of workers for Charles Bowles, victor in Detroit’s recent mayoralty election. The arrests resulted from charges made before the city election commission by former Mayor John W. Smith, defeated candidate. U-BOAT TO BE LAUNCHED French Underwater Craft to Be Largest in World. B CHERBOURG, France. Nov. 16. Final preparations were made today for the launching of the new French submarine Surcouf next Monday. The underwater craft will be the largest in the world. Strengthening the powerful French submarine fleet.

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“How Wet Is Washington?” was the title of a magazine article wTitten by Walter W. Liggett, newspaper man and author, and that's just what a District of Columbia grand jury wanted to known. So Liggett was summoned and is pictured above after he had testified where he got information for his survey of the liquor situation in the capital. He was expected to be recalled.

CALLS BUSINESS BASICALLY FIRM Financial Expert Speaks on Stocks Crash. Optimistic predictions regarding business conditions were made by John Moody of New York, financial expert, at the dinner of the Indianapolis Bond Men’s Club Friday night. A definite upward trend in business and Industry after the turn of the year is seen by Moody. “Pyramiding of speculative commitments, the heavy marketing and wide distribution in recent months of highly speculative securities of the large holding and trading corporations and the prospect of other huge securities offerings for the coming month are responsible for the stock crashes of the last few weeks.” Moondv said. “This distribution of new securities at a time when credit conditions already were strained created apprehension of veteran investors and ultimately brought a panic of fear, world wide in proportion. “Reaction of the great crash will tend to intensify a general business recession, such as probably w T as due in this country, regardless of what might have been happening In stock market circles, but this will not be a depression. “Basically business conditions are not sound and will remain so.”

SIX CONTRACTS LET Board of Works Awards $49,000 in Paving. Six public improvements contracts totaling $9,000 were awarded this week by the board of w’orks. They are: Massacusetts avenue. East to Cornell avenue, Indiana Asphalt Paving Company, asphalt and granite curb, $23,400; Warman avenue, T. H. I. & E. Traction to Morris street. Indiana Asphalt Paving Company, grade and curbing. $7,800; Warman avenue, traction to Morris street, Abel Brothers, concrete paving, $14,045; Graham avenue. Pleasant Run boulevard to St. Clair street, Schwert Brothers, grade and curbing. $2,021; Newman street, Massachusetts avenue to Twelfth street, Hugh McDonald, cement walks and grading. $1,127; Linden street, Raymond street to Tabor street. P. F. Carlos, cement walks and grading. $545. Contracts provided that work be started when directed by City Engineer A. H. Moore. CHEER LEADERS BACK Suspended Drake Students to Lead Yells: Barred From School. Bv United Press DES MOINES, la., Nov. 16.—The six Drake university cheer leaders suspended for painting Iow r a State college buildings at Ames were given permission to lead cheering at the Drake-Ames football game today by the Drake faculty council. Suspension from classes still stands, however. No action had been taken in connection with the egging of Dean of Men Raymond Davies’ home and the hanging of his effigy. The world's largest library is the Bibliotheque Nationale, in Paris. It contains over 1,000,000,000 volumes. 3-ROOM outfit Living room, bedroom and kitchen complete. a Reconditioned V* * e EAST TERMS! Lewis Furniture Cos. t'nlted Trade-In Store *44 S. MERIDIAN ST.

PRISON ESCAPE PLOT IS NIPPED AT CANON CITY Guards Discover Tunnel to Walls of Penitentiary From Well. Bv t'nited Press CANON CITY, Colo., Nov. 16. Vigilance of guards at the state penitentiary, scene of a bloody mutiny last month, was increased to the utmost today as discovery of a tunnel to the base of the south wall, had frustrated convicts in another desperate attempt to escape. Sledges, drills, crowbars and a quantity of powder were found in

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the tunnel, which had been dug from a well near the wail. Five convicts were in solitary confinement today, suspected of implication in the plot. Fifty crude weapons, fashioned from every available bit of metal and stone, were found hidden in mattresses, bed springs and under floors of prison cells in a thorough search oi the penitentiary Friday after Captain of Guards Clyde Smith had discovered the tunnel. Prison authorities Were amazed that the plot could have advanced so far. despite precautions against another uprising. The convicts have been in an ugly mood since the riot last month, in which six of their number and seven guards were killed, Warden Francis E. Crawford said. The warden announced today that a guard had been linked w'ith the earlier mutiny and that criminal charges would be filed against him and that several other guards face j charges before the civil service commission. Governor William H. Adams''

'special commission was pushing its investigation of the October reign of terror when the new j?lot was revealed. HUNTING TAKES THREE Fifteen Other Nimrods Injured in Opening of Ohio Season. Bv Unit' and Press CLEVELAND, Nov. 16.—Three hunters were killed and at least fifteen others injured as the open season on wild game got started in Ohio. Harvey Dalrymple, 15, Morrow county, shot himself accidentally; Charles Painter, 20, Johnstown, was killed when a freight train struck his car, and Lewis Crosley, 69, Tuscarawas county, died of exertion while hunting. Reaches 90th Birthday Bv Times Suer in I DUBLIN, Ind., Nov. 16.—Mrs. Sophia Elliott, a resident here for seventy-five years, quietly celebrated her ninetieth birthday this W’eek. She lives alone.

PLANES RESCUE 1 MEN AND FURS IN FARNORTK Trader and Daughter Wiil Remain on Ships for Later Air Trips. Bv United Press NEW YORK. Nov. 16.—Out of the clutches of the Arctic ice. six persons and part a $1,000,000 fur cargo have been rescued from two ships locked in off the north cape of Siberia, according to advices to ; the Aviation Corporation here from .Carl Ben Eielson of the Alaska Airways. Inc. With the two machines, they succeeded in getting off six of those

aboard and 1.300 pounds of furs, and returning the passengers and cargo to Nome and Fairbanks, Alaska. More trips will be made so the remainder of the fur cargo can be returned, together with a fur trader named Pollister of Seattle and his daughter. Pollister, it was said, would remain aboard until all the fur is safely off and transported back over the several hundred miles to the Fairbanks base. Air School Approved An approved rating has been awarded the Curtiss--Wright Flying Service of Indiana school by the department of commerce, according to w ord received by H. Weir Cook, general manager. The school irf one of the first dozen in the country to receive the rating. Approximately 150 persons are enrolled in the school. Make Diesel Test Making its second long-distance flight, a biplane powered with a Diesel type engine, burning ordi-

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nary fuel oil. was flown from Detroit to Capitol airport and return Friday by Detroit pilots. The plane was brought here by Walter Lee, test pilot, and Captain L. M. Woolson. Packard Motor Car Company engineer. Remarkable economy of the Dte*e! engine was demonstrated on the trip, the 320-mile flight being made at a cost of only 65 cents for fuel oil. Ordinary fuel or furnace oil, retailing at 4 cents a gallon was used. A gasoline engine in the same plane would cost approximately $lO for the same trip. The plane, with a top speed of 140 miles an hour and a cruising speed of 120 miles an hour, made several hops here. State Garage Is Looted Automobile and truck parts, valued at more than S3OO, were stolen Friday night from the Central garage of the state highway department. A truck was backed to the entrance to cam’ away the loot.