Indianapolis Times, Volume 42, Number 59, Indianapolis, Marion County, 18 July 1930 — Page 1
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LINGLE MURDER SOLUTION CLAIMED
NEW PLEA FOR PARDON IS FILED BY WARREN BILLINGS AS MACDONALD HEADS WEST Petition to California Supreme Court Involves Mooney Closely; Prompt Hearing of Waiter-Witness Is Urged, REVIEW BOTH TRIALS IN DETAIL Recognize ‘Loophole’ Provided by Governor Young in Denying Executive Clemency to Both Prisoners. BY GEORGE D. CRISSY I nltrd Pres* SUIT Correspondent SAN FRANCISCO, July 18.—A new effort to gain freedom for Warren K. Billings and Thomas J. Mooney was made today when a petition for a rehearing of Billings’ application for a pardon was filed with the California supreme court. Application for pardons for Billings and Mooney, servin'* ’.ife sentences for complicity in the bombing of a San fiancisco Preparedness day parade July 22, 1916, in which ten persons were killed, were denied earlier this month. The new petition was filed as Jcftin MacDonald, waiterwitness, who aided in convicting Billings and Mooney, was speeding westward from Baltimore to tell authorities that his testimony in the Billings trial in 1916 and in the Mooney trial in 1917 was false.
iriai m Although the new petition involves Billings only, it is closely linked to the Mooney case, because of a disposition by Governor C. C. \oung to consider the two as exact parallels. Recognizing the “loophole provided by Governor Young last wee* when he denied Mooney’s pardon application, the petition points out that MacDonald soon will be available for a public hearing to tell his repudiation story, as the Governor suggested he should. The suggestion that MacDonald be found was made by Young in acting unfavorably on the Mooney pardon application after the supreme court had declined to recomr.ient a rardon for Billings. Court Must Act Favorably In each case the Governor and a majority of the supreme court viewed MacDonald s original testimony as important and declined to accept a repudiation affidavit made by the waiter in 1921. The reason Billings has appealed so the supreme court for anew hearing while Mooney has not is the court must act favorably on Billings' case before the Governor has authority to pardon him while this is not true in Mooney’s case. California law provides that convicts with more than one conviction must receive the supreme court recommendation for a pardon. In event the supreme court grants the rehearing, it is probable that Governor Young will be guided by its recommendation and that he aill pardon both if the court recommends a pardon for Billings. 8.000 Words in Petition The petition, filed by Edwin V. McKenzie, attorney for Billings, contained 8,000 words which reviewed both trials in detail. A significant point in the petition is a declaration of the similarity of the cases. The petition requests that Billings be permitted to produce MacDonald before the court for examination and closes the prayer: “May we most respectfully point, that it is said that MacDonald is ill; that we know of no means of holding him in California against his will, and, therefore, ask such an early hearing as is consistent with the court’s other duties, its convenience. “We pray that the application of Warren K. Billings be reconsidered and upon such ■'reconsideration a recommendation be made by this honorable court to the Governor of the state of California recommending executive clemency.” BORAH TO HOSPITAL Senator. Exhausted by Long Session, to Return *o Baltimore. A is United Pee** WASHINGTON. July 18—Exhausted by the aiduous session of congress. Chairman Borah of the senate foreign relations committee expects to return Saturday to Johns Hopkins hospital. Baltimore, it was said at his office today. He visited the institution Thursday for an examination. Borah, who is 65. answered his name at the opening roll call of the special senate session today, but his duties have been largely taken over during consideration of the London naval treaty by Senator Reed (Rep., Pa.). Graf Zeppelin Nears Base Aw United Pee** BESANCON. France. July 18.— The Graf Zeppelin, getting closer to its base t Friedrichshafen, flew over Besancon at 4 40 p. m. Hourly Temperatures 6a. m 68 10 a. m 84 7a. m 72 11 a. m 88 Ba. m 76 12 (noon).. 90 9 a m..... 82 4p. m..... 92
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The Indianapolis Times Mostly fair tonight and Saturday; slightly warmer tonight. %
VOLUME 42—NUMBER 59
DEAD PILOT TO FLY ONCE MORE Ashes of Graham Will Be Strewn From Plane. fftf J'nrft Prr*n LOS ANGELES. July 18—Maury Graham will ride the air mail again tonight. Out in the cool summer air of the mountains he loved, where six months ago a raging blizzard claimed his life, friendly hands will spread his ashes to the four winds—the winds he rode so many years as a skilled and courageous airmail pilot. Graham's body, located in the mountains near Cedar City, lowa, was brought back to Los Angeles, Thursday night in a Western Air Express plane piloted by Jimmy James and Fred W. Kelly, two of his best pals. This afternoon simple funeral services will be held by Masonic and military organizations, and then his ashes will be placed in an urn for Graham’s last ride through the skies. Kelly, piloting the regular night airmail plane from Los Angeles to Salt Lake City, will take the urn with him. Over the mountains where Graham died in his last effort to bring his mail through* a blinding storm, but transformed now into a picturesque land of green hills, the ashes will be scattered.
HENLEY JSUIT ENDED Officer’s Wife Drops Action for Personal Expense. Suit for ned and board filed by Mrs. Ethel Williams Henley against Major Grant Henley, adjutant-gen-eral of the Indiana national guard in superior court one, was dismissed today. Mrs. Henley filed suit seeking S2OO to meet personal expenses. The action did not call for a divorce, however. The state official and Mrs. Henley have been separated several months, it was said. ONE KILLED IN WRECK Rail Removed. Officials Claim, Showing Deliberate Move. Aw United Per** TRINIDAD. Colo.. July 18—One man died early today, another was in a serious condition and several passengers were cut and bruised after the Colorado & Southern passenger train No. 2 was wrecked eleven miles south of here Thursday night. Railroad officials said a rail had been removed, apparently in a deliberate attempt to wreck the train which carried a score of passengers.
CONAN DOYLE’S SPIRIT STEALS AMOS ’N’ ANDY’S STUFF AT NEW YORK SEANCE
BY H. ALLEN SMITH Vnlted Prfu Staff Correspondent NEW YORK, July 18. —The gho6t of a whooping Indian chief and the extraordinary agility of Sir Arthur Conan Doyle's spirit upset the serenity of a seance, held in the dark hours this morning in a lavishly furnished Fifth avenue apartment. Nini Pecaroro. the Italian medium, who conjured up Doyle's ghost last week in a Bronx chiropractor's office, went into a trance before an audience of smartly dressed men and women, and after an hour of snoring and groaning, brought Conan Doyle, Matfeme Palladino, Admiral Dew-
Brown Derby Goes to Sheriff Winkler in Galloping Finish
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Sheriff George Winkler, Brown Derby Winner
Mayor Sullivan, Runnerup, Has 11,487 Coupons to Victor’s 23,382. BROWN DERBY FINALS Sheriff Winkler . .23,382 Mayor Sullivan ......11,487 Harry Dunn 3,979 AI Farb 3,041 Tom Quinn 1,336 Hail the King! Long live the King! For, 10, the King of the BROWN DERBY is Sheriff George L. Winkler! With a tornado of ballots from outlying precincts and with 'boxes stuffed to their necks, Sheriff Winkler won the regal knob-sitter today by 11,901 plurality over Mayor Reginald H. Sullivan. In winning the BROWN DERBY and the honor of being crowned with the noble “kelly” Saturday night at 8:15, when the Veterans of Foreign Wars stage their “Siege of 1918” at the state fairground, the sheriff went through one of the hottest political scraps of his career. Winkler Is Jubilant Injunction suits, poison pen letters, bribe charges, attempts to counterfeit ballots, teemed throughout the day. Even as the polls closed at The Times at 9 a. m. today a battle royal narrowly was avexted between and Winkler supporters, as they watched the dauntless Jo-Jo, the dog-faced judge, count the ballots fearlessly as threats w T ere made on his life, his ball-and-chain, and his misplaced bunion. Crowned unofficially with the honor of being the city’s most distinguished citizen, Sheriff Winkler, when informed, said: “It was a great fight. It was a fair, but hardfought battle. It is with deep distress that I must admit my head is larger than the mayor’s, as I wear a 7%, and so I feel my supporters were justified in seeking the biggest coronet they could find —the BROWN DERBY." Boosts Mayor Sullivan “The mayor’s a good loser. He tried to win and win honestly. I congratulate The Times and the Veterans of Foreign Wars and hope my dome always will be true, regardless of dandruff, fray hairs, or baldness, to the kkVs of the BROWN DERBY,” conculded the sheriff. Mayor Sullivan, like a real sportsman yorthy of the Smithsonian "katy," congratulated Sheriff Winkler on his victory.
ejf and the unruly Indian chief down to earth. The seance w’as held in the apartment of Harold Mann, who combines the vocations of interior decorator and astrologer. Most of the guests were in formal dressand shad roe was served between acts. The affair reached a climax while Doyle was speaking. The spirit was just predicting that departed souls will be able to break in on radio programs within three years, when Joseph Dunninger. the investigator of mediums, asked Doyle if he could move the coffee table which sat in front of the medium’s carnet.
INDIANAPOLIS, FRIDAY, JULY 18,1930
NEW WAVE OF HEATON WAY Fair, Warmer Forecast for Tonight, Saturday. Refreshing breezes this morning counteracted high temperatures that threatened Indianapolis with another heat wave. Forecasts by the United States weather bureau here predicted fair and warmer weather for this vicinity tonight and Saturday. At 6 a. m. the mercury stood at 68 degrees; at 9 a. m. it was 82. Thursday afternoon thermometers registered 91 degrees, the highest since a record-breaking mark of 100 degrees last Saturday.
New Serial f A fascinating story of the battle of millions against the barriers of exclusive society starts Monday in The Times, with the first installment of Kathleen Norris’ great serial, “Birthright.” The thrilling tale of the desperate efforts of a newly rich family to crash the gate of the four hundred of Dearbridge is narrated in this fiction masterpiece. Be sure to read every chapter of this interesting story. Call The Times circulation department, Riley 5551, and make certain that you get Monday’s paper, with the opening instalment.
TYPHOON HITS JAPAN Fear Cities on Nippon Isle Damaged by Storm. Bu United Prens TOKIO, July 18.—A typhoon was reported sweeping Kyushu, southernmost of the three principal islands of Japan, today. It was feared that the cities of Nagasaki, with an estimated population of more than 150,000 persons, Kagoshima, Sasebo and Tshushima, each of the latter having population in excess of 50,000, had been damaged. Ten persons were Injured in a train wreck at Kokura, near Moji, which was caused by the storm.
“OHO sho!” said the spirit of Sir Arthur. There was a tense moment in the audience, everybody straining forward in the dark to see the table move. Then a crash. Doyle’s spirit had picked up the table and hurled it across the room. It brought up with a thud against the shins of a -Mr. Ed Wolf, press agent, who let out a how-1 which sent shivers up and down the spines of other members of the audience. Mr. Mann, owner of the table, immediately waxed wroth. Spirit or no spirit, he was not going to
1 DIDN’T KILL,’ KOLB ROARS IN MURDERJRIAL Alleged Wife Poisoner Sobs on Stand During Stiff Grilling by State. DENIES FILLING CAPSULE Case Is Expected to Be Given to Jury Late Monday. BY BEN STERN , Times Staff Correspondent GREENFIELD, Ind., July 18. Shouting denials at the top of his voice and then bursting into sobs, George Kolb, 57-year-old Rush county farmer, underwent a gruelling cross-examination this morning by the state. “No!” he shouted when asked if he poisoned Mattie Rhoades Kolb, his second wife, and Edna Dagler Kolb, the third wife. “I didn't fill the quinine capsule for Edna,” he roared at Paul Benson, former Henry county prosecutor and now head of the prosecution. Pounds at Defense Mercilessly lashing again and again at the defendant’s denial of having had strychnine on his farm before and during the deaths of the two women, Benson would half rise from the chair as he hurled the questions intended to. show murder. Kolb skillfully evaded traps and adhered to the testimony he gave Thursday afternoon under the wellplanned examination of one of his counsel, Raymond Springer, Connersville. Presentation of defense evidence ended with Kolb’s testimony and the state began introduction of rebuttal witnesses. Defense rebuttal witnesses probably will quit the stand by adjournment of court this afternoon. Judge Arthur C. Van Duyn will adjourn court until Monday, when the state and defense will make final arguments, and the jury probably will be locked up late Monday, Kolb Wipes Eyes Nervously twisting a handkerchief, which he frequently applied to his eyes, the gray-haired farmer, called by the prosecution the “Hoosier Bluebeard,” told the story of his three marital adventures. He adhered closely to the story outlined by other state witnesses. Kolb told how his second wife, Mattie, had been of a nervous, irritable disposition, subject to heart attacks, and had used strychnine tablets. The defense contends that the strychnine found in her stomach had accumulated from the heart stimufating medicine. Carefully adhering to the defense theory of suicide he told the story of Edna Dagler Kolb’s despondency over the death of her son Russell, on an auto race track. He substantiated the story of her having eaten a light breakfast and steadfastly denied that he had seen his wife take a quinine capsule or any other medicine. Did Not See Her “Edna told me that she had taken a capsule and that quinine would not hurt me. I took the quinine, but I did not see her take it,” the defendant answered. Despite the hammering of the state he would not change his testimony. When the grand jury began the investigation of the deaths of the two women and accusations of murder were being made, Kolb attempted suicide. “It was more than I could endure, so I went to Rushville and bought some strychine,” he said. “I thought I would wind up all my sorrows.” Frederick C. Atkinson. Indianapolis chemist, was the last witness for the defense. He said that the cold tablet taken by the third wife contained strychnine. COURT APPROVES SALE 520,000 Bid Accepted on Equipment of Radio Cabinet Firm. Sale of equipment and furnishings of the Radio Allied Industries, Inc., to the Indianapolis Machinery and’ Supply Company by George R. Foote, federal receiver, for $28,000, was approved today by Federal Judge Robert C. Baltzell. Foote was named receiver May 2 on a petition filed by Boynton & Cos., Chicago.
have his expensive furniture thrown around the room. Doyle!” he shouted, standing up in the dark, "that’ll be enough of that!” Doyle was repentant. He went on with his speech. He said that a famous American scientist would die before the year is out. Mr. Wolf asked for the name of this scientist and Doyle graciously spelled it out. “J-y-m-n-t.” Somebody called for a repeat, but there was no mistake. The matter was left standing at that. * * a THE spirit of S- Arthur then announced tha the medium
Entered as Second-Class Matter • at rostoffice. Indianapolis. Ind.
WOMAN SAW KILLER AS HE SHOT DOWN VICTIM, STATE’S ATTORNEY SAYS
Sound Effects Bv United Frees DENVER, Col., July 18.— His wife’s constant “nagging” at him during mealtime forced him to eat so rapidly he got indigestion, Kenneth K. Hartmann charged in asking a divorce from Celia Hartmann in district court. A preliminary divorce was granted.
BELLE GUNKS REPORTED SEEN IN MISSISSIPPI Hunt for Indiana ‘Murder Farm’ Operator BaresNew Trial. Bv United Press GULFPORT, Miss., July 18.—Harrison county officers are convinced that the woman suspected of being Mrs. Belle Gunness, wanted in Indiana on charges that she operated a “murder farm” there in 1908, is not in the county and probably not in the state, they told the United Press today. Officers went to the woman’s home on Wolf river, near here, early today to find that she left presumably four weeks ago. The woman, known as Mrs. J. V. Smith, was suspected by Hinds county officers at Jackson, and they ordered local officers to appprehend her. Sheriffs’ aids said they could not identify the missing woman. They said they understood she had been “shadowed” by detectives for some time. * Stirs Indiana Action LA PORTE, Ind., July 18.—Belle Gunness, whose disapearance in 1908 was followed by charges that she had killed fifteen men on her “murder farm” near here, may be under arrest before night, it was indicated today in messages reecived by police from Jackson, Miss. The messages, from Sheriff Tom Moore anc Hinds county, Mississippi, stated that Moore felt certain a woman who has been living in his county for a number of years is Mrs. Gunness and that he expected to an est her late today. Suspicion was directed at the Mississippi woman, who has been known and respected there under he name of Smith, by a man who once worked at her “murder farm,’ according to reports received here. This man, it was said, recognized Mrs. Gunness, now about 70 years old, watcheci her for months until he was certain of his identification, then notified Sheriff Moore. Won National Notoriety ' Belle Gunness has for years been one of the most notorious characters in the annals of American crime and her disappearance has been called one of the country’s greatest unsolved mysteries. Doubt often has been expressed that she was alive, some believing that she and her three children may have been burned to death in the fire that destroyed her farm home and led to discovery of her “private graveyard,” in which were found the bones of fifteen men whom she was charged with killing to get their insurance. Lured Men to Death By advertising in a matrimonial magazine, Mrs. Gunness lured men to her farm, it was charged, pretended to marry them, insured them, killed and buried them. W. Ray Lamphere, Mrs. Gunness’ hired hand at the time her home .burped, was captured, convicted of setting the house afire, and died in prison a year later. Although no bodies were found in the ashes of the farm home, Lamphere never would admit that Mrs. Gunness and her children had escaped alive, but a belief that she did often has been expressed.
who performed for his wife in London was a faker. He said that in three weeks he would appear in his home in England and knock down a lamp. He asked that, at the next seance, Mr. Dunninger bring a panful of clay so he could give the world an impression of his face. Then Conan Doyle stuck his hand out through the curtain and into a dish of warm sealing wax. When the seance was over the disk was examined. It contained fingerprints. Madame Palladino then tuned in and brought with her the ghost of Admiral Dewey, who said he was glad to lAprescnt at such a
Key Witness Kept in Seclusion, Near Breakdown, After Nerve-Racking Experiences; Swanson Jubilant Over ‘Find.’ BRUNDIDGE BARES CAPONE WARNING St. Louis Investigator Declares ‘Scarface AY Told Him to Lay Off ‘Money-Hungry’ Reporters on Chicago Papers.
Bv United Press ST. LOUIS, July 18.—Harry T. Brundidge, reporter for the St. Louis Star, in a copyright story from Miami, Fla., today said that A1 Capone, Chicago gang leader, had given him the friendly advice to “lay off Chicago and the money-hungry reporters.” Brundidge quoted Capone as telling him that there were “plenty” of newspaper men on the gang leader’s pay roll, that Chicago police knew who killed Alfred Lingle, murdered Tribune reporter, and that he, Capone, is “through with the racket.” Brundidge is to appear before a Cook county grand jury Tuesday, prepared to elaborate on charges he made in a series of articles that several? Chicago newspaper men are engaged in racketeering practices. The article also quoted Capone as saying that “no matter what dope you have to give that grand jury, the boys will prove you’re a liar and a faker. You’ll get a trimming.” Capone told Brundidge, the story said, that Lingle was his friend “up to the very day he died.” After discussing the assassination of Lingle and activities of some other Chicago newspaper men, Brundidge said that “suddenly the big beer and bullet baron leaned over, put his left arm around my shoulders, and, with typical Latin affection, squeezed me and said: “Listen, Harry, I like your face. Let me give you a hot tip; lay off Chicago and the money-hungry reporters. “ ‘You’re right, and because you’re right, you're wrong. “ ‘You can’t buck it, not even with the backing of your newspaper, because it is too big a proposition. “ ‘No one man ever will realize just how big it is, so lay off.’ ” “What was the tnatter with Lingle?” Brundidge asked. "The horse races,” Capone replied, according to Brundidge.
$1,400 IS BANK LOOT. Gunman Holds Up Daleville Institution. Bu United Press DALEVILLE Ind., July 18.—Loot of $1,400 in currency was obtained by an unmasked bandit who held up George Barnard, cashier, and Marguerite Good, assistant cashier, of the Daleville Commercial bank this afternoon, and shot at three citizens as he escaped in a Chevrolet coupe. Barnard was confronted by the armed man and his admonition to "Look out, you kill you.” He gathered all money available from tills and registers and then forced Miss Good to hand cash from the vault. He overlooked $2,800 in cash in the vault, however. ONE MARY IS PLENTY So “Sweetheart of Screen" Seeks to Change Niece’s Name. Bu United Press LOS ANGELES, July 18—Mary Pickford believes one Mary Pickford in a household is enough. In a petition by the film player, on file in superior court here today, it was asked that the name of her niece, Mary Charlotte Pickford, be changed to Gwynne Pickford. The actress said the 14-year-old girl was the daughter of Lottie Pickford and Albert R. Rupp, former husband of Lottie.
distinguished gathering. At sporadic intervals the Indian chief would cut in, shouting “Abbadabba, abba dabba! Icky. icky. icky! Hong! Honk! Ee-e-e-e-k” The Indian failed to identify himself, but Madame Palladino explained that the chief was much disturbed at the state of affairs in America. The seance came to an end with a brief talk from Madame Palladino. “I’ve been reading the newspapers,” her vioce declared, “and I don’t like the way they call Nino, my medium, a pint-sized medium. He if not pint-sized. He is a medium-sized medatm.”
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Bu United Pre* CHICAGO, July 18.— State's Attorney John A. Swanson announced today; that a solution of the murder 1 of Alfred J. Lingle, Chicago Tribune crime reporter, has been obtained through an unnamed woman witness. • “She saw the killer shoot Lingle,’* Swanson said. The experience caused the woman to suffer a nervous breakdown, and she is under the care of a physician, the state's attorney said. Swanson's announcement was made with evident jubilation at the possibilities opened by discovery of the witness. “We regard her as the ‘key’ to the Lingle killing,” he said. “It is the first tangible progress we have made toward solving the mystery.” Mum on Identification Because, he said, it might hamper the investigation started by the mystery woman’s story, Swanson would not say whether the slayer had been identified. j Neither would he give details otM the witness’ story, or reveal whether a motive had been found. Jjp “The woman is a ‘key’ We can not give the details of her' 1 story,’” Swanson said. However, the state's attorney did relate the witness’ exj>eriences leading up to the time when the shooting took place in the Randolph street Illinois Central subway, on June 9. The announcement immediately opened a flood of speculation as to the woman’s identity. It was recalled that a woman witness was brought into the case during the first stages of the Lingle investigation, but her connection never was explained. Identity Kept Secret She was believed to be at the time an Irene Kelly of Minneapolis. Again it was said the name was falsified to throw amateur investigators off the trail. One of the stories told of her was that she was from Los Angeles, and knew Frankie Foster, purchaser of the gun with which Lingle was believed slain. Foster subsequently was extradited from California, and detectives are due in Chicago with him Saturday. The woman dropped from public knowledge until today's development. She had been Involved in a minor automobile accident in the loop about noon on the day Lingle was slain, according to Swanson, and had gone to the office of a physician near the subway. While ascending in an elevator, Swanson said, she had witnessed an accident in which a boy crushed his hand. Saw Lingle Slain Soon after leaving the building, she saw Lingle's slayer shoot him down from behind, inside the subway. How much she saw, and how well she remembered what she saw, the state's attorney said he would keep secret. The experiences she underwent within the space of less than two hours have left her in a highly nervous state, and a physician is almost constantly at her side, Swanson explained. She will not discuss the Lingle killing, he said, except in the presence of her attorney. She has discussed it with Swanson’s investigators, and the state's attorney indicated she had talked without restraint. The woman. sa:d Swanson, will be guarded closetyj to her fear that she w,ould be a target for gangster guns. The Tribune today named another man it said Brundidge will accuse. He is Ted Dod. Herald-Examiner reporter, who, the Tribune charges, was publicity man for a George fßugs) Moran dog racing track. The paper previously had named Lelard H. Reese, Dally News reporter, and Harry Read, city editor for the Evening American, as n en whom Brur.didge would name. The Herald-Examiner today attached importance to an announcement by State's Attorney John A, Swanson that he would not object to the grand jury calling former Police Commissioner William R. Russell, former Detective Chief John Stege, Corporation Counsel Samuel Ettelson and Alphonse (Scarface Al) Canons a4 wttnerse The Hearst paper charged that Lingle was involved in a “deal” which brought about Russell's appointment as commissioner, whil® Mayor William Hale Thompson was out of the city, that the men named could tell about this “deal,” and that their explanation might hdp solve the murder mystery.
Outside Marion County 8 Cent*