Indianapolis Times, Volume 41, Number 245, Indianapolis, Marion County, 21 February 1930 — Page 1

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NEW WEAPON GIVEN DRYS BY JUDGE GARVIN Jurist Indicates He Will Let Bars Down on Search Warrants. FULL PROOF NOT NEEDED Papers Will Be Issued If Police Can ‘Convince’ Him, He Says. ■ Anew weapon for enforcement of liquor laws in Indianapolis was in the hands of police today, placed there by Municipal Judge Thomas E. Garvin Thursday night. The judge appeared at the 11 p. m. assembly of policemen in headquarters with the announcement that no longer will they be required to see actual violation of the statute to obtain a search warrant. His statement was greeeted with wild whoops and cheers by police. Ethan A. Miles. Indiana AntiSaloon .League attorney, said he heartily approved Garvin's action. “Patrolmen must not feel that it is impossible for them to obtain a w'arrant to search for liquor,” Judge Garvin said today, commenting on his ruling. Must “Convince” Judge “If an officer comes to me with information and belief that a violation is being committed, and convinces me that there is probable cause for the search, the warrant will be issued." the judge declared. The Indiana supreme court, June 30. 1927, reversed a Henry circuit court conviction of James Wallace, Greensburg, of posesssion of liquor and use of a still, and in the court’s opinion. Judge C. J. Travis, said: “It is the consensus of judicial opinion that, a search warrant issued on an affidavit of mere belief, or Information and belief, is insufficient and the issuance under such circumstances would be without warrant of the law'.” Upholds Hearsay Evidence More recently the Indiana appellate court held that hearsay evidence was sufficient for legal issuance of a warrant to search for booze. “Some policemen never asked for a search warrant, although I am convinced there have been liquor violations in their districts,” Judge Garvin said. “When I questioned them, they told me they believed it was necessary for them to obtain sufficient evidence to convict before applying for the warrant. “That is why T appeared before the officers Thursday night. The city courts are behind the police, but we don't want them to know of violations, and pass them up.

Sergeant Is Pleased “The courts and police are going to follow and enforce the law.” he said. Sergeant John Eisenhut, dry ?quad leader, declared he was pleased with the judge's ruling, under which, he said, police will be able to make proper search and investigation. “Before this, we could see drunks coming out of a house without being able to get a warrant for the place,” he said. Judge Dan V. White, municipal court, declared the Wallace ease decision has been modified somewhat. “Search warrants can not be issued on mere suspicion.” he declared. "However, a state of fact, such as that a sober man entered a house and emerged intoxicated, or a strong arr.cll of liquor about the premises, would be grounds for a Warrant.” maiiTbomeT is traced Recipient of “Water Meter" Suffers Cuts and Bruises. Uv Vnitrd Press BUCHANAN, Mich.. Feb. 21. Arlin B. Clark, 54, nursed severe cuts and bruises today while authorities sought to trace a bomb sent him by express from Chicago. Clark opened the package Thursday night and the explosion resulted. Clark, superintendent of the city water works, thought the package contained a water meter. As he removed the lid there was a blinding flash. Clark jumped back just as the bomb exploded.

A Two-Bagger! Chuck Klein’s first bingle on a big league diamond was a screaming two-ply wallop off Grover Alexander. His first homer was walloped when he leaned on a last ball buzzed over by Carmen Hill. Chuck tells in vivid style ii. the Pink editions of The Times today how he felt when he stepped up to the platter to face the Great Alex. Read this fascinating tale of an Indianapolis rookie's rise to the proud estate of leading home ran hitter of the National League, appearing exclusively in The Times Pink editions.

A Real Thriller in the Serial Line, “Murder Backstairs,’’ by Anne Austin, Will Start Tuesday in The Times. It’s One of the Greatest Mystery Stories of ,the Year,

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The Indianapolis Times Cloudy and unsettled tonight; wind with rain by Saturday; not much change in temperatuie.

VOLUME 41—NUMBER 245

With Girls, It Becomes a ‘Cuddle’

Call it a “huddle” in a masculine football or basketball game if you want to. but when the fair sex hits ihe backboard and rests between quarters, as you see them here in the top photo, you can’t name it anything but “the cuddle.” The “cuddlers” are members of the Zeta Tau Alpha basketball team

ANCIENT ‘CURSE’ FALLS

Pharaohs Strike ‘Revenge’ Once Again

Bm Vnitrd Press LONDON, Feb. 21.—The fabled “curse of the Pharaohs” was recalled today when Lord Westbury, grandson of Queen Victoria's noted lord chancellor, plunged seven stories to his death from a flat in which were several exquisite Egyptian art works, laboriously dug from the Valley of Kings. The death of the 77-year-old peer, declared to be “suicide while of unsound mind,” followed less than three months after the death of his only son, Richard

ENRAGED HUSBAND SLAYS WIFE, LOVER

t!u United Pres* _ . . , LOS ANGELES. Feb. 21.—A Jealous husband, Augustus Gingell, Glendale meat market employe, early today shot and killed his wife, a motion picture extra, and her asserted sweetheart when he broke into an apartment the wife recently had rented and found them there. The wife, Mrs. Vera Gingell, 36, known in motion pictures as Vera Ryan, was shot through the head and leg and died at a receiving hospital. Sigard Bjorneby, 36, title 1 —Si LEFT TO DIE IN COLD 111 Woman Propped Against • • • Tree in Park. Bu United Press MADISON, Wis., Feb. 21.—Why Mrs. Clara Stuvetraa, 27, was propped against a tree in Vilas park and left to die from pneumonia and exposure, presented a deep mystery today to police in Madison. The woman evidently was lifted from a sickbed, night before last, carried to the park as she was dying slowly of lung congestion, propped against the tree and abandoned to die. half-clad in the cold air. and unable to cry 'or help. Hourly Temperatures 6a. m 47 10 a. m 60 7a. m 46 11 a. m 63 Ba. m 50 12 (noon).. 65 9 a. m 55 1 p. m 67

slipping the “lowdown” to each other on the weaknesses of their opponents in the inter-sorority basketball meet being held this week at the Butler university field house. In the lower left photo Miss Gene Hamlet, 113 West Twenty-first street, and Miss Isabelle Garrison, extreme right, are carrying the con-

Bethell, 46. in his room at a club. The son, who apparently lied in his sleep, had been secretary to Howard Carter, who excavated the tomb of Tut Ankh-Amen. It was said at the time of the excavations that there was a superstition that the Pharaohs would have vengeance on any person who molested their tombs, the ill luck to extend to the families of persons involved. Richard, it was revealed, had given Lord Westbury the Egyptian art works, which were in his flat

company employe, died instantly, with two bullets in his body. After the shooting, Gingell calmly walked from the apartment, past staring occupants of the building who had awakened as the shooting started, and surrendered himself to Fatrolman Elmer Hoffman, whom he met on a street corner nearby. “I have just killed my wife and her sweetheart,” Gingell said. Gingell told police he and his wife had quarreled because of her associations with Bjorneby. “Finally she left,” he said. “I learned she had an apartment and I learned that Bjorneby had helped her move and had a key. I knew he had helped her move two weeks or more ago. I couldn't stand it, so i went to the apartment. I found them there together.” ‘IT’ GIRL STILL ENGAGED “Nosey Reporters’’ Blamed for Delay in Clara Bow’s Wedding. i?V United Press HOLLYWOOD, Cal.. Feb J2l. — Clara Bow. movieland's “It” girl, was back on the lots today punctuating denials of a broken engagement to Harry Richman with flashes of a huge diamond ring. Miss Bow returned from New York Thursday night and announced that she still is engaged to Richman, and that they plan to be married here in April. They might have been married in Palm Beach, Fla., a while back if they could have gotten far enough away from "nosey reporters,” she said.

INDIANAPOLIS, FRIDAY, FEBRUARY 21, 1930

quering hero of the Kappa Kappa sorority, their forward, Miss Elibabeth Hisey, 215 East Thirty-third street. And what a wicked basket Miss Thelma Williams, 3839 Central avenue, Zeta Tau forward, is about to toss in the lower right photo after coming out of a “cuddle.”

on St. James street, where the peer was killed. Lord Westbury’s death was spectacular. He fell 100 feet from a bathroom window on the seventh story of the building, almost causing the death of a charwoman, who was beneath the glass roof of a street veranda through which his body crashed. a a m THE story of “the curse of the Pharaohs, said to be an ancient superstition associated particularly with the tomb of Tut-Ankh-Amen. first was known widely at the time of the death of Lord Carnarvon, bitten by an insect, just as the expedition which he headed was ready to open the tomb. Aubrey Herbert, half-brother of Lord Carnarvon, died later after predicting that “something dreadful will happen to our family” as a result of the excavations. Dr. J. C. Madras, French Egyptologist, commenting on “the mysterious series of deaths, which commenced with that of Lord Carnarvon, recalled the deaths of George J. Gould, who died after visiting the Valley of the Kings, Win EBRANDT FINED Pleads Guilty to Speeding; Pays $lO. By United Press WASHINGTON, Feb. 21.—Mrs. Mabel Walker Willebrandt, former assistant attorney-general in charge of prohibition prosecutions, was fined $lO in traffic court today on a charge of driving her automobile “in excess of thirty miles an hour" near the downtown section last Friday night. Mrs. Willebrandt appeared in court and entered a plea of guilty. FINED FOR SPITTING George Sanders, 19, Assessed $1 for Sidewalk Offense, “One Dollar a spit" was the verdict of Municipal Judge Dan V. White today. He fined George Sanders, 19, of 1122 Myron street, $1 and costs for spitting on the sidewalk at Delaware and Washington streets,

SOVIET DENIES EXECUTION OF MINSKRADDIS Universal Protest Laid by Russia to Crusade of Political Nature. DEFEND CHURCH ORDER Contend Religion Used as Opiate, Clergy Oppose Government. BY EUGENE LYONS United Press Staff Correspondent MOSCOW, Feb. 21.—Official denials that several rabbis, arrested at Minsk on charges of participating in counter-revolutionary activities had been executed, w r ere made today. The offcial denials supplemented the belief in well-informed Jewish circles that foreign reports were, if not unfounded, greatly exaggerated. Soviet leaders continued to attribute the world-wide protest against alleged persecution of religion to the “war preparations” they say captalistic nations are making against Russia, and held that the “crusade” has more of a political than religious nature. Nothing New The anti-religious policy of the Soviets is nothing new. Almost from the beginning of the Bolshevik regime, there has been official and semi-official opposition to certain religious forms. The closure of churches, arrests of clergy, and demolition of religious institutions has been in progress for twelve years, first on the grounds that religion was used as an “opiate’ to dull the people’s senses, and second in the belief that religious workers were generally anti-government. The church openly supported the White Russian movement in many districts. Crisis at Christmas When the Soviet began its recent intensified drive toward complete socialization of Russia, the campaign against religion followed suit as a natural course, and the high point was reached at Christmas time. The intervention of Pope Pius and the British archbishops happened to come at a time of “seasonal decline” in atheistic activities, and Soviet supporters point to this circumstance, again, as additional proof that the real motive behind the foreign drive is political and designed to stir up antagonisms against Russia. The attitude of the western world nas by no means softened the antireligious campaign, which actually is an intrinsic part in the major drive for socialization.

HENDERSDNJS SUED Radio Station Owner Target in Libel Suit. Bu United Press AUSTIN, Tex., Feb. 21.—Discord among those fighting chain systems has resulted in a $50,000 libel suit filed in federal district court here against W. K. Henderson and others of Shreveport, La., as operators of Radio Stations KWKH and KWEA. Alleged defamatory statements about the Texas Anti-Chain Association, an advertisement in a Houston newspaper, and a tlegram addressed to Z. J. Henderson at Houston newspaper, and a telegram adRadio Station KWKH," are cited as the defamatory material. E. G. Senter of Dallas, signed the petitioti and also a complaint to the radio commission. The petition claims that the defendants have defamed the association for the purpose of destroying it and for the further purpose of increasing their own revenues. EXECUTION POSTPONED Appeal Is Served for Convicted Auburn Prison Rioter. Bv United Press OSSINING, N. Y., Feb. 21.—Execution of Claude Udwine, sentenced to die the week of March 31, was indefinitely postponed today when Warden Lewis E. Lawes of Sing Sing prison received notice that an appeal had been served on prison authorities. Udwine was one of three Auburn convicts sentenced to death in connection with the December prison riot.

Tune In on Basketball Basketball will nose in Saturday to take up the whole spotlight in the line of sports, with announcement of the sectional drawings for the hundreds of high school teams which will compete in the sixty-four sections. The Times, as has been the rule for years, will print the complete list of drawings in its Saturday issues, just a short time after the lineups are made public. An extra service again has been provided for the thousands of sport fans of the state, through co-operation of radio station WFBM. The whole list will be broadcast by Blythe Hendricks, premier sports announcer. Hendricks will start at 10 o clock, with a review of basketball tourneys of the past, and will swing Into action on the drawings as soon as they are received at the studio, a few minutes later. Watch for The Times Saturday and tunc in on WFBM.

Entered as Second-Class Matter at Fostoffice, Indianapolis

DE PAUW BOARD BEHIND OXNAM ‘TO THE LIMIT’ Trustees of University Rise to Support of President; ‘Keep On Keeping On’ Is Unanimous Instruction. DANIEL M. KIDNEY Times Staff Correspondent GREENCASTLE, Ind.. Feb. 21.—“ Keep on keeping on” was the unanimous instruction of the De Pauw university board of trustees today to Dr. G. Bromley Oxnam, president. This was the answer of De Pauw university trustees today to charges against Dr. Oxnam that he was guilty of “seditionary pacifists addresses” and attacks upon his past record. Attacks by the Daughters of the American Revolution based on an address by Dr. Oxnam at Pendleton reformatory recently and upon his past record on the west coast were discussed by the trustees. Roy O. West, chairman of the board, gave Dr. Oxnam this verdict:

“We are not behind you 100 per cent, Dr. Oxman, but we are behind you 1,000 per cent. lam probably the most conservative member of this board and I want to say to you, I am for you to the limit.” “We Are Sorry” To newspaper men after the meeting, Chairman West said: “This is a Methodist institution. The ministers are for Dr. Oxnam; the college is for him, and the church is for him. If someone we do not know does not like him, we are sorry. We do not even know Mrs. Electa Chase Murphy, of Muncie, who has made the charges against him.” In an informal discussion of the affair, following the regular board meeting, the trustees reviewed charges of Mrs. Murphy against Dr. Oxnam’s record on the west coast. It was announced that during a board of education fight, while Dr. Oxnam was pastor of the Church of All Nations at Los Angeles, that he was attacked viciously by Colonel Leroy Smith and that Colonel Smith has agreed to withdraw and retract the libel made at that time. Has Full Support It also w r as declared that the Church of All Nations, which Mrs. Murphy declared was in a storeroom, was located in a Methodist property and that the Methodist church had donated $300,000 to its upkeep. “These libelous statements made during the fight in which Dr. Oxnam fought big interests, such as school text publishers and supply firms, are the basis for the criticism of his past record now,” Chairman West declared. “The cards were laid on the table at this meeting and we have decided. Dr. Oxnam has our full support.”

GIVE 300 WORK AT PREST-O-LITE CO.

Through rotation of employes in the part-time work now being provided, 300 former employes have been added to the pay roll of the Prest-O-Lite corporation, it was announced today. The movement is a part of the Chamber of Commerce employment stabilization committee’s efforts to provide employment for permanent residents of the city. Officials of the Prest-O-Lite corporation today said a committee had surveyed needs of employes and found that the rotation of employes SINGER IS GODFATHER Tito Schipa Finds Time to Act After Four Years. By United Press LANSING, Mich., Feb. 21.—An opera star today was the godfather of a cobbler’s son. Back in Italy Tito Schipa, now tenor with the Chicago Civic Opera and Patsy Verderese were close friends. So four years ago, when little Frank Verderese arrived on the scene, the father asked Tito to be the godfather. The singer’s engagements have kept him busy since, but Thursday he found time to do the honors. COALITION IS BLAMED Treadway Lays Prolonged Business Depression to Senate Group. By United Press WASHINGTON. Feb. 21.—The present business depression was brought about by stock speculation and is being prolonged by the independent Republican - Democratic coalition in the senate, Representative Treadway (Rep., Mass.) told the house today, in replying to charges that the administration is responsible for the business slump.

BLOW AT JONES LAW IMMINENT House Sentiment Is for Complete Revamping. Rii Vnitrd Press WASHINGTON, Feb. 21.—Growing sentiment in the house for modification of the Jones law, fixing the maximum penalty for prohibition violations at five years imprisonment and SIO,OOO fine, may translate itself into action at this session of congress despite the legislative jam in the senate. A group in the house judiciary committee, composed of both wets and drys, has been convinced by study of the Wickersham law enforcement commission’s prohibition program, that a complete revamping of the Jones law is necessary if federal courts are to be relieved of the congestion resulting from liquor trials. This group is determined to pass modifying legislation at this session of congress regardless of the recent statements by house leaders that delay of the tariff bill in the senate may force the house to abandon all measures not already enacted. The Jones law changes, under consideration by a judiciary subcommittee, would define “casual and slight” prohibition violations, which by the act passed last year are exempt from the drastic punishment, but not specifically named. This would prevent district attorneys from threatening prosecution, under the Jones law, of an offender whose crime has not been of a serious nature.

in part-time work gave them sufficient funds with which to live, pending a pick-up in business conditions. Under the plan, 600 employes are rotated in days at work, each being given about two days’ work weekly. Further spread of the reduction of working hours to employ more men is expected by Chamber of Commerce officials. All industries of the city are being urged to cooperate. The Indianapolis Real Estate Board will be asked to foster a campaign for early spring building work to aid further in relieving condition, Chamber of Commerce officials said today.

STORY REPUDIATED Confessed Killer of Boy Adds to Confusion. Bu United Press WOOSTER, 0., Feb. 21.—Charles Hannah, who has confessed killing Melvin Horst of Orrville, today repudiated parts of his most recent confession, in which he had implicated two alleged Akron bootleggers in disposal of the body of the missing boy. The two men held, Tony Lafatch and Onofrio Logiuvczio, are to be released, officials said. Hannah still says that he struck Melvin on the head with a piece of wood in a garage in Orrville, Detective Ora Slater reported. Authorities were fearful of the public reception of Hannah's retraction of hi3 statements. Wooster citizens are incensed at the many conflicting statements made by him. SNOOITpI’EADSToR STAY New Appeal to Balk Execution Filed by Attorneys. COLUMBUS, 0., Feb. 21.—Another appeal for a stay of execution for Dr. James Howard Snook, scheduled to die Feb. 28 for the murder of Theora Hix, his co-ed sweetheart, was filed in the state supreme court today. The appeal, filed by Snook’s attorneys, will be heard by Chief Justice Carrington T. Marshall. The court already has granted two stays. Today’s request was based on the claim that Snook’s appeal to the United States supreme court can not be heard until March 3, three days after he is to be electrocuted.

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‘DENY COFFIN OR LOSE JOB/ G. OJ’.STAND 65 Fifield Employes Must Decide on Allegiance, Is Warning. QUIZ BLOW AT CONTROL State Police Heads Among Workers to Be Pressed for Denunciation. Sixty-five employes of the secretary of state who live in Marion county will be forced to decide within a few days whether they shall be aligned with George V. Coffin or join the ranks of opposition, it was learned today. Upon their answers probably will depend retention of their posts. The question of “Coffin or antiCoffin” will be put by representatives of the citizens Republican committee, which has been formed through the consolidation of all of the anti-Coffin forces. Otto G. Fifield, secretary of state, approved the plan of interrogation in a conference with Rae Powell, chairman of the junior Republican committee, which also has aligned itself with the Marion Club and the new woman’s organization in the fight to oust party organization officials controlled by Coffin. Answers to Decide • Powell frankly declared that employes who will be questioned, will be told that “upon their answers and efforts depends their future.” This is the first wholesale interrogatory as to organization alignment to be held in the statehouse since the new administration came into office thirteen months ago. At that time, Governor Harry G. Leslie declared he would purge the statehouse of Coffin henchmen, but made few removals. Fifield denied he inherited the Coffin stamp when he retained the employes recommended to his predecessor, Frederick E. Schortemeier, by Coffin. Sought Only to Please “In retaining the employes, I had no thought of Coffin or anti-Coffin lineup, but sought only to please the organization,” Fifield said. “If the organization has taken a new complexion and is composed of anti-Coffin men who desire that his henchmen be ousted, I am a Republican and always work with the organization; the employes shall have an opportunity to make their own choice,” Fifield declared. “I have granted Powell the right to question the Marion county employes of my department as to their organization lineup. “If the reorganization faction wins, it shall be my manifest duty to accede to its demand as to the caliber of my employes.” * Powell pointed out that upon patronage depends the very existence of Coffin and if by showing to the officeholders that through aligning with Coffin they will jeopardize their own future, the ranks of the reform element will be strengthened greatly. List to Be Culled “That of course does not mean that we shall recommend the retention of every one who in the face of a crisis shall decide to line up with us, but we will urge that the list of employes be culled for those who are detrimental to any organization which attempts to represent the party.” Among statehouse officials, the plan was seen as a clever move on Fifield’s part to assure himself of Marion county support. The protest against Coffin is of sufficient strength to worry any potential candidate in the fall election. Marion county’s 257 delegates also will be an important factor in the state convention. * Among the holders of important posts who will have to declare their position are Robert T. Humes, chief of the state police, and John TANARUS, Shinn, state police captain and Coffin Seventh ward chairman. MENINGITIS TOTAL" 127 Child Stricken With Dread Malady; No Deaths Since Thursday. Joanna Chastene, 5, of 1019 West New York street, was taken to city hospital today suffering from cerebrospinal meningitis, making a total of 127 cases since Dec. 9. There have been no additional deaths from the malady since Thursday.

Suit Yourself! Spring will be a season of suits and wide is the range of colors and fabrics from which Milady may choose. That's the fashion forecast of Henri Bendel, noted style authority, who is a regular contributor to The Times and NEA Service. Read his authentic article on the new modes on the Woman’s Page Today