Indianapolis Times, Volume 42, Number 79, Indianapolis, Marion County, 11 August 1930 — Page 1

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JURY SYSTEM IS BLAMED IN MOONEY CASE Conditions in 1916 Pointed to in Explanation of Two Convictions. PANELS WERE FIXTURES Public Fury, Reputations of Pair, Reward Greed Held Responsible. BY MAX STERN , Tlmr* SUIT Carrrspontciit SAN FRANCISCO, Aug. 11.—How did It happen? This question is echoing all over America as evidence of lying witnesses, fantastic prosecution theories and other irregularities are unfolded before the seven judges, sitting in the ‘•retrial” of Warren Billings and Tom Mooney here. No one can understand how two California juries were willing to ,hang Mooney and send Billings to prison for life on the word of such witnesses as Oxman, MacDonald, Estelle Smith, the Edeaus and the rest unless he knows the conditions in San Francisco in 1916. In defense of this city’s courts of law here are listed some of the conditions that made the convictions possible: The "professional jury system” then in vogue was one of the principal reasons. For years California counties had operated under a jury system susceptible of abuse and corruption. In larger counties like San Francisco the panels were selected from various sources by the judges. The panels lasted three months, and there was no provision in law to prevent the same men from serving year after year. Public Mind Inflamed Court habitues eager to earn the $2 a day came to fill the panels. Known to both district attorney and defense lawyers either as "acquitters” or “convicters,” these professional jurymen became fixtures. To stand in with the prosecutors the majority became “c-nvlcters.” It was only in the 1929 legislature that, in response to a campaign ,!ed by the Commonwealth Club, this system was outlawed, and the law amended forbidding any juryman to serve more than twenty days In any two years. UndAf the new system it is claimed that no jury would convict Mooney or Billings on the type of evidence offered by the Fickert-Cunha-Brennan prosecution. The inflamed condition of the public mind created by the atrocious nature of the crime helped. The wanton killing of ten innocent bystanders and the injuring of forty led the newspapers to conduct a man-hunt of unparalleled ferocity, to demand immediate apprehension of the criminals, to whip the people to a fury of revenge. Bililngs Had Record The combination of the far flung publication of a reward of $17,500 and the appearance of a set of eager venal “witnesses” inspired by greed for the reward money or desire for notoriety and offering to prove anything, was a third factor. The vulnerability of the reputations of Moency and Bililngs. The former, while freed by two juries of dynamiting charges, had a record lor violent strike agitation and militant propaganda strengthened the case. Billings had a prison record for carrying dynamite in a strike against the gas company. On Tuesday when the hearings are resumed, the seven judges may decide to keep the Billings’ "trial” in the old legal channels confined by the facts of Billings’ direct guilt, his presence at the scene of the crime, his possession of a suitcase and other matters circumstantial to the actu'*l planting of the bomb, or they may do as the 1916 prosecution now demands, and throw open the hearing to seek to establish conspiracy. If they choose the latter course a mass of alleged "new evidence" will be thrown into the case.

COUPLE CURSED BY DYING MAN WEDDED Suicide's Widow and Hated Brother Marry. Despite Threats, J.. Aug. 11.—Edward Keller has married his brother’s widow, despite the warning that Henry Keller left for them just before he committed suicide. The ceremony was performed Sunday in the Degroot Methodist Episcopal church. In April, Henry Keller committed suicide because, he said, he had learned his * ife loved his brother Edward instead of him. -11 l do you more harm dead than alive.'* he wrote before he turned on the gas to commit suicide. “I used to love you, Florence, but I die hating you and my brother, too.” SITTING FAD MARS TREE Bark. limbs Damaged by Loungers, New York “Surgeon” Says. United Press NEW YORK. Aug. 11.—Martin L. Davey, tree expert, who notes with alarm the current tree-sitting endurance erase, has urged the erase stop as a benefit to trees. ••Most people." says Davey. "don’t reaiiae the harm that can be done to the bark and the limbs of trees bv mistreatment.” Ar a tree surgeon.” one of the first things Davey teaches his students is how to dim a tree correctly. Rubber soles and a rope are important equipment of tree1, c limbers. Hourly Temperatures 6a. m 58 10 a. m 68 k 7a- 58 11 a. m 89 Its. m 63 12 <noon).. 69 f 9a. m-.... lp. m..... .7?

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The Indianapolis Times Fair tonight and Tuesday; slightly warmer Tuesday.

VOLUME 42—NUMBER 79

HIGHWAY BOARD TO TAKE ACTION ON WAGE SLASH

Commission Is Expected to Condemn Cutting of Laborers’ Pay. State highway commissioners will meet at New Albany Tuesday and are expected to pass a resolution condemning state highway contractors who have cut common labor to as low as 20 cents an hour. Possibility of a minimum wage clause to protect future contracts, such as adopted by the Indianapolis board of works, also will be discussed. Plans for the meeting were announced today by Director John J. Brown of the highway department. Reason for holding the meeting at Albany, instead of state highway headquarters in the statehouse annex, is to permit Colonel A. P. Melton, commissioner from Gary, to attend. Brown explained. Colonel Melton is in command of a regiment of the Indiana national guard at the encampment at Camp Knox. Ky. Meeting in southern Indiana also may provide an opportunity for the commissioners to inspect some of the low wage jobs disclosed in the state-wide survey by The Indianapolis Times and Secretary Adolph Fritz of the Indiana State Federation of Labor. All state work wa c estimated at a 40-cent minimum wuge. but certain contractors and subcontractors, largely from out of the state and working south of Indianapolis, cut the price to 20 cents. Unless a decent wage is restored, contractors may be blacklisted for future state work, it was said. 2 DIE IN BORDER FIGHT Third Person Severely Injured in Rum Runners’ Battle. Bu United press LA FERIA. Tex.. Aug. 11.—Battle between border patrol, customs and Hidalgo county officers and an alleged group of rum runners at Hargill near here, took two lives and caused severe injuries to a third person. The dead were Customs Inspector Bert Ellison, 28, and Margarite Rodriguez, 25.

ATTACKER OF GIRUIUNTED Soldier Shot Striving to Protect Companion. Search for the man who shot Private David W. Wilson, 25, Company C, Eleventh infantry, and attacked his 16-.vear-old girl companion Sunday night at Ft. Harrison, was extended today after civil and military authorities said they believe they know the attacker. Wilson is in the hospital with h bullet in his left shoulder as a result of his attempt to defend the girl from the man who crept up on them and Private Robert Archibald, Company C, Eleventh infantry and another girl as they sat on the bank of Fall creek near Baker's bridge on the reservation. Further questioning of the girl, authorities said, resulted in additional clews in the search for the attacker. “He told me there was a big reward out for him and that if I talked he'd kill me,’’ she is said to have told police. The girl, her clothes torn and her body and face bruised, was found shortly after the man dragged her down the creek, and was treated at the post hospital. The attacker drew a revolver and, holding the others at bay, attempted to seize Wilson's companion. He was interrupted by Wilson, who lunged at the attacker. The man fired four shots, the first of which struck Wilson. He then fled with the girl. Wilson’s condition is not serious. The attacker is described as being 35, weighing 145 pounds, poorly dressed in a light suit and with a growth of beard. TURKEY IN PROTEST Persia to Receive Note on Border Warfare. Bu I'nitrd Press LONDON. Aug. 11.—The Turkish cabinet has decided to send a strong note to Persia regarding suppression of the Kurdish border rebellion, the Exchange Teie-rraph Company reported today in a dispatch from Angora. A replay will be demanded within forty-eight hours, the dispatch said.

Tuesday Last Day for Pigmy Golf Qualifying DEADLINE is nearing for qualifying scores in The Times citywide toy golf tournament which got under way Aug. 4 at twenty-one of the city's miniature courses. All scores intended to count toward the aggregate qualifying scores necessary for play in the elimination round must be finished by Tuesday night. Course managers then are asked to submit as soon as possible the names of the three men and three women who will represent their course. Scorers with the four lowest rounds of eighteen holes each (seventy-two holes) are to play an elimination round of thirty-six holes to reduce the field to eight men and eight women for the championship flights. All course managers should submit the names of their course representatives as early morning as possible to the Toy Golf Editor of The Times. CgJ ley 5551.

Lauds Probe “Conduct of the road contractors in receiving state contracts on estimates of 50 cents an hour for labor, and then paying but 15 and 20 cents an hour is utterly reprehensible,” declared Senator Arthur R. Robinson, upon his return from Lake Wawasee today. ”1 desire to commend The Times for its courageous fights both in the editorial and news columns and I am glad that the attention of the public has been directed to this grievous state of affairs,” the junior senator said.

BANDIT SLAIN IN FARMERS' TRAP Three Companions of Dead Holdup Man Captured. Bu United Press TERRE HAUTT Ind., Aug. 11 Farmer vigilantes .ra iped four filling station band ts early today, shot one to death and captured his three companions. The dead bandit was identified as Roy Long, son of Charles F. Long, former county road superintendent. Long, driver of the bandit automobile, was shot as the vigilantes surrounded a filling station five miles east of Brazil and opened fire from cornfields—from atop the station and from an automobile. Floyd Frye, Terre Haute, one of the bandits, was wounded in the leg when Long’s companions returned the fire. Long’s death caused the bandit motorcar to careen into a ditch, but the bandits took up a stand behind it and fought for several minutes before surrendering. All were Identified as Terre Haute youths. They had just held up the Rawley filling station.

DROUGHT CRISIS TOLDJIOOVER Employment, Disease Are Complicating Situation. WASHINGTON, Aug. 11.—Unemployment and disease are complicating a situation already made critical by the drought, President Hoover was informed today as he pressed forward with his organization of relief work for the most seriously affected areas. John Barton Payne, American Red Cross chairman, gave Mr. Hoover a report collected from Red Cross agencies in eighteen states. Need of assistance was shown, he said, by unemployment among farm hands in some localities and an unusually large number of cases of typhoid and pellagra. In some places actual starvation conditions were threatened, he said. President Hoover also made further preparations today for the meeting here Thursday of Governors or their representatives from twelve drought-stricken state, Cool Weather Stays Cool weather with normal temperature. that greeted Indianapolis and Indiana Saturday night after a wind and rain storm that reached cyclonic proportions in some parts of the state, is due to continue several days. This forecast was made today by United States weather bureau forecasters, but no predictions for further rains immediately were advanced. Farmers in the vicinity of Indianapolis and northward to the state line benefited by the heat breaking storm Saturday, but, according to Indiana Farm Bureau federal officials. the rain came too late to save the crops in the southern part of the state. only reached 79 degrees Sunday. This morning the mercury stood at 58 at 6 and had risen to 66 at 9 a. m. KEEP THAT COW QUIET Residents of Canton, O-. Ordered to Keep Bovine Silent. CANTON, 0., Aug. 11.—Mr. and Mrs. E. Lucas, owners of a cow, have been ordered by the city of Canton to prohibit the cow from mooing “or otherwise disturbing the peace of the community” during the night. A city ordinance says no cow shall moo within the city limits.

INDIANAPOLIS, MONDAY, AUGUST 11,1930

HURL BOMBS FROM PLANE AT3MINES Nonunion Workers Escape Death as Aircraft Drops Dynamite. KENTUCKY IS AROUSED Believe Mystery Ship Came From Central Fields of Illinois. Bu United Press PROVIDENCE, Ky., Aug. 11.— Three nonunion mines near here were bombed from an airplane at 6 a. m. today. Three home-made dynamite bombs were dropped at the Diamond mine, two at the Inton mine and one at the Rutman mine. Although men were working at the mines at the time, the bombs went wild and no one was injured. All but one the bombs exploded, but none landed where men were working, or where it would do any damage to equipment. Leaked to Marion, HI The airplane appeared from the direction of Illinois, and disappeared in that direction again, leading to the belief that it had come from that state. Men acquainted with the mine feud believed that the plot to bomb the mines originated at Marion, 111., and that the plane came from that city. Witnesses to the bombings said the plane w r as an old-fashioned monoplane, painted a brilliant orange, bearing the number 5088. Bomb Lands Near Crowd One of the bombs landed within a hundred yards of where a crowd of miners stood about a shaft. It exploded, but did no damage. Police were thrown into confusion by the explosions, which came without warning. The plane circled the mines as the bombs were dropped. Several hundred men are employed in the mines, and had the aim been good the death list might have been appalling, it was said. Sympathy in the Providence mining district was said to be largely with tl>e nounion miners. The strike of union miners is one not authorized by the United Mine Workers of America, it was said. Owned by Italian, Belief Permit for the plane described by witnesses was said by St. Louis aviation authorities to have been issued to a pilot in Mt. Pleasant, 111., but it was understood that it had been dismantled. Providence police said they were positive after a check-up that the plane was not from Marion, 111., but that it was owned by an Italian with a base at either Murphysboro or Herrin, 111, center of the Illinois coal field.

MILLION LOSS FAILS TO DAUNT SCIENTIST He Will Try Again to Create Power From Ocean Water. Bu United Press PARIS, Aug. 11. Professor Georges Claude, French scientist and inventor, is not discouraged by two failures of his electrical energy experiments In Cuba at a cost of $1,200,000. He will resume work on the project late this month. Professor Claude has attempted to sink a mile-long steel tube into the deep water off Matanzas to obtain electrical energy by utilizing extremes In temperature of the ocean water. His previous projects were wrecked by the currents. Claude hopes to bring cold water from the ocean depths to the surface, where it is used to cool huge tanks of warm surface water. The process, he said, will create steam to operate a turbine. TEST OF STOCK : EED Purdue Announces Wheat and Corn of Equal Value Bu United Press LAFAYETTE, Ind., Aug. 11.—Experiments with herds at Purdue university's farm have shown that wheat is equal to com, bushel for bushel, as stock feed. Taking the same ration of other grains and hay, there is little to choose, according to the test, between wheat and com. The test was conducted with a view to determining the milk producton of cows under the different feeds, and not to test the fattening qualities of the grains. NEAR HUNTERS’ MARK Jackson, o’Brine Pass 510 Hours in Air. Bv United Press ST. LOUIS, Aug. 11.—The goal of the St. Louis endurance fliers, Dale Jackson and Forest o’Brine is 1,000 hours in the air, they messaged today as they flew the monoplane “Greater St. Louis” past the 510hour mark, and within two days of the Hunter brothers’ record of 553 hours. In a radio message from the plane. O'Brine said. “It looks like we might stay up 1,000 hours. We don’t know when we’re coming down. It may be next week or it may be next month.” At-1:11 p. m. they had been aloft 508 hours. v

Soldiers Stand Guard at Graves While Victims of Lynching Mob Are Buried

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Indiana national guardsmen on post duty in Marion, Ind., where they were rushed Saturday, following the lynching Thursday night of two Negro slayers. The scene is near the Negro quarters.

Troops Will Leave Marion After Second Funeral Is Completed. Bu Times Bttecial MARION. Ind., Aug. 11—Riottorn, soldier-ruled Marion prepared today to return to that peaceful status which characterized it Thursday before a mob wrecked the jail and lynched two Negro prisoners. Preparations were made this afternoon for the return of the two oompanies of Indiana national guard who have patroled the town since Saturday to Camp Knox. Ky. The soldiers’ final duty was to escort the body of Abram Smith, one of the Negroes, to Weaver, where it was to be buried this afternoon. No disorder marked the funeral of the other mob victim, Thomas Shipp, this morning at Weaver. The soldiers attended the funerals to halt any possible attempt of the lynchers to stage an anti-Negro exhibition at the grave. Feared Riot Flare-Up Although the authorities were reticent on the subject of a sudden flare-up, it was no secret that they feared the funeral processions for the Negroes would excite some of the leaders of the mob. whose feelings had not been abated with the double lynching. The usual Saturday night and Sunday congregations on the sidewalks were absent over the weekend for as soon as two or three persons gathered for a chat, the guardsmen requested they disperse. Practically all of the Negro families which fled the town Thursday and Friday during the “reign of terror,” returned over the weekend and large turnouts for the funerals are expected. Marion ministers from their pulpits Sunday called upon their congregations to maintain order and permit no further racial outbreaks. This was in response to the plea of the youthful mayor, Jack Edwards. Slain Youth Is Buried Funeral for Claude Deeter. white youth whose courageous defense of his sweetheart, Miss Mary Ball, brought about his death from bullet wounds, was held Saturday at Fairmount. A large crowd attended the service. While the funerals for the two lynched were being held, Prosecutor Harley V. Hardin, aided by two deputy attomeys-general, began an investigation Into the details of the lynching with the announced purpose of presenting the details to the grand jury to be impaneled Sept 1. Hardin declares that names of a score of persons implicated in the hanging have been obtained.

WARNS OF BIG WAR Educator Claims Europe Is Preparing for Fight. Bn United Preen WILLIAMSTOWN, Mass., Aug. 11.—Just as in 1909, the nations of western civilization were preparing and drifting into war, so, too, are they planning today for a big war some time between 1935 and 1940, said Professor C. De Lisle Burns of the University of Glasgow at the Institute of Politics today. All the governments of Europe are at least planning for it, he said, pointing out that today all nations are on an average spending as much for war as thy did in the period of 1909-14. BOY, 9, IS TIRE BUG’ Arrested While "Enjoying” $75,000 Blaze; Blamed for Fire. Bn United Pres* DUNCAN. Okla., Aug. 11.—Elderis Taylor, 9-years-old and red-headed, was having a "swell” time in jail today aftei having partly gratified his ambitions to "set fire to the whole blamed town.” Elderis was arrested Saturday night while “enjoying” a $75,000 fire in a lumber yard. Previously the boy had started five other fires, the first being in his parents’ home. Home Is Destroyed by Fire Fire of unknown origin late Sunday night, destroyed the home of Clay Pointer, 4834 Baltimore avenue. The family was away from home at the time the blaze started, and loss has not been determined.

Entered as Secon'l-Class Matter at Postoffice. Indianapolis, Ind.

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Indiana national guardsmen in the Marion (Ind.) Coliseum, where they are quartered while on riot duty.

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Officers in charge of the guardsmen now on riot duty at Marion, Ind., are shown here, with Mayor Jack Edwards. In the group (left to right) are Mayor Edwards; Colonel George E. Healey, Indianapolis; Captain John Houck, Ft. Wayne, and Captain Robert Durbin, south Bend.

MAN KILLED IN 7-STORY LEAP Watchman’s Mangled Body Found in Shaft. Crushed and mangled, the body of Charles Guy, 45, of 28 East Eleventh street, night watchman at the Medical Arts building, Michigan and Pennsylvania streets, was found on top of an elevator in the building, early today. Police believe Guy fell seven stories through the elevator shaft to kill himself. The watchman had taken a second elevator to the ninth floor of the structure, opened the door of the first shaft by breaking the glass and leaped into the opening, W. S. Zarick, deputy coroner, said. The elevator upon which Guy fell was at the second floor of the building. Guy’s body was found after Stewart Coleman, 1664 College avenue, night emergency man for the ADT. went to the building when Guy failed to punch the watch boxes. He called 7x>uis Garsett, 2229 Kenwood avenue, building manager, when he could not locate the watchman- They found the body.

WOMEN, CHILDREN HURT IN BALCONY COLLAPSE

Bn United Press . .. MEMPHIS, Tenn., Aug. 11.— Weakened by the weight of scores of women bargain hunters, a balcony of the Rhodes-Jennings Department store collapsed today, flinging women and children into a confused mass to the main floor cf the store. At least thirty-five persons were Injured, six soioi^ly.

LINK CAB HEAD TO S3OO OAID Police Claim Confession in Alleged 'Holdup.’ Alleged confession of George Thompson, 24, of 270 Hendricks place, today resulted in the arrest of Charles Nugent, 633 East Pratt street, night superintendent of the Red Cab Company, who was robbed of S3OO today by two bandits as he opened the company's safe. Police alleged the robbery was framed between Nugent, Thompson and another man whose name was not made public, and that they split the loot three ways. Nugent was arrested by police after they raided bis home. He was taken from his bed and rushed to police headquarters and questioned after being held under high bond on a vagrancy charge. Thompson, according to Sergeant Leo Troutman, admitted after several hours’ questioning that he was one of the bandits. He implicated Nugent and the other man, police declared. Police said the purported confession of Thompson branded Nugent as the instigator of the robbery scheme and urged the men to commit the crime.

It was estimated that 150 women and children were on the floor when the balcony suddenly dropped. An automatic sprinkler system, which opened during the confusion, poured hundreds of gallons of water upon the struggling mass. Firemen, police and volunteers worked for an hour extricating the injured.

HOME

TWO CENTS

SHORTAGE IS LAID TO CITY LICENSECLERK Accounts Examiners Check Truck Fee Records of Elder’s Aid. ‘POCKETING’ IS CHARGED Rollen Rhodes Alleged to Have Falsified Entries on Collections. Investigation of alleged irregularities in accounts of Rallen P. Rhodes, city license clerk, in the office of City Controller William L. Elder, was begun today by Elder and state board of accounts examiners. On being advised that Rhodes had been collecting full license fees on trucks after July 1, stamping the office copy “pro-rated” and pocketing the balance. Elder called into conference County Treasurer Clyde E Robinson, who appointed Rhodes deputy treasurer. Tracy Whitaker and James Smith, state board of accounts examiners, and Captain Otto Ray, city license inspector, conferred with Elder for an hour before Robinson arrived. Has “Good Explanation” Elder said Rhodes has “a good explanation” and that Robinson stood back of him in the matter. It was reported that investigation has revealed at least seven cases where Rhodes charged the full-year fee, and turned in the prorated fee. Asked if Rhodes would be discharged, Elder said: “If any one is stealing money in my office, it will be worse than that.” “I’ll take whatever steps circumstances warrant.” Rhodes, who has held the post since the Duvall regime, has kept his job because the appointment is made by Robinson, several efforts having been made by Democrats to replace him with a party worker. Rhodes is a Republican. Denies Pocketing Fund* Rhodes attributed any mistakes to ‘‘bookkeeping errors,” stating that he had pocketed none of the funds. Naming another clerk. Rhodes said sometimes the copy of the receipt given the license holder was not stamped because it was “forgotten and had to be done afterward.” The extent of the alleged practice is not known, Elder said, pointing out that the records will be checked thoroughly. Several original receipts have been compared with the controller’s record and in some cases cancelled checks are in the hands of the investigators, it is understood. SLAYER WILL GO~EAST Prisoner Waives Extradition After Arrest at Decatur. B DECATUR? Ind., Aug. 11.—Extradition has been waived by Stephen William Grow, 24, who is alleged to have confessed to New York state and local officials that he murdered Cyrus Goewey, justice of the peace in Montgomery county, New York, June 18. Grow was arrested here after an all-day search. He was to be taken back to Amsterdam, N. Y., today, by Sheriff Charles Snell, Fonda, N. Y. Grow was found working as a form hand west of here. CIVIC REPORTS SLATED Central South Side Committee to Meet Wednesday Night. Several reports, including one on the new city budget, will be made at the meeting of the central committee of the South Side Civic Clubs to be held Wednesday night at 8 at the Fountain Square theater building. Councilmen Clarence I. Wheatley, George A. Henry, and the Rev. C. A. Hildebrand, and Paul Rathert, park board member, have been invited.

ADMITS AX MURDER Elderly Wife Kills Mate Because of Jealousy. Bn United Press . „ ~ WELLSTON, 0., Aug. 11.—Mrs. Josie Napper, 60, of Hawk Station was lodged in jail here today after confessing she killed her husband, Jasper, 71, with an ax "because I couldn't stand seeing him run around with other women and girls.” STORM IS FREAKISH Dust Cloud Leaves Mud in Wake at Kendallville. KENDALLVILLE, Ind., Aug. 11.— The freakish meandering of a storm which passed over this section yesterday afternoon was related today by U- C. Brouse, president of the Indiana fair board, and secretary of the Kendallville lair. On the Kendallville fairground, where Brouse had a force of men burning grass to eliminate fire hazard, and another group dragging the track, dust vas blowing in dense clouds. When the men reached the north side of the track they found it so muddy the float couldn’t be used, and vegetation was drenched, with many puddles around. Fire Suicide Attempted LOGANSPORT, Ind., Aug. 11.— Winfield Wilson, 82, is in a critical condition today from burns suffered Sunday night when he ignited his own clothing. Despondency over death of a son in the World war was believed responsible for the act.

Outride Marion County 3 Cent*