Indianapolis Times, Volume 42, Number 133, Indianapolis, Marion County, 13 October 1930 — Page 1

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PRESS QUIZ OF BUSINESS MEN ‘ASSOCIATION’ Better Business Bureau Backs Probe of Alleged ‘Court-Fixing’ Racket. EX-CITY JUDGE IS HEAD Thomas C. Whallon Queried About Reported High Pressure Canvassing. BY CHARLES E. CARLL For more than a week, the Better Business Bureau has scrutinized operations of the Indiana Business Men’s Association, Inc., which The Times Saturday revealed solicited membership by implied control of city courts and ability to fix cases for members. And for almost a similar period Thomas C. Whallon, local attorney and former city judge, president of the association, was aware that his name was being used by someone in the organization who gave implied if not outright promises of immunity from conviction on misdemeanors, he said today. Additional Inquiry into the alleged racket will be made by the Indiana State Bar Association in South Bend Friday and Saturday, 'lhomas C. Batchelor, secretary, said after a conference with Attor-ney-General James M. Ogden today. Shows Printers’ Letter Resultant from The Times’ story of activities of solicitors for the association, Whallon today displayed a letter from Arthur and Henry I’reyer, printers, who were to publish the association’s official book. The letter, dated Oct. 12, referred to The Times’ story. It mentioned a conference with Whallon last week, in which use of the ex-judge’s name in soliciting membership was discussed, and Whallon discouraged the proposition. It declared no employe of the association was authorized to promise immunity for any infraction of law or ordinance, or to promise “fixing- ’ of cases. It alsc set out that no one would be employed further who was proven guilty of resorting to such tactics. Not Put in Mails The letter explained that printed matter of the association was not sent through mails because the letters, once signed by a prospect, became a contract and receipt and were carried on the person of the solicitor. David J. Byrnes, assistant manager of the Better Business Bureau, in charge of the investigation for that organization, said an official of an Indianapolis laundry firm complained that he had been solicited for membership in the association, acquired with purchase of advertising space in the official publication, and had been promised favors if he joined. These favors Included promises of immunity from municipal criminal court conviction, he said. The first solicitation was by telephone, and later the solicitor met him in his office and repeated the promises, he aid. Asked for Policy Outline Byrnes said he visited Whallon on Wednesday and asked for an outline of the asssoclation’s policies. Whallon refused a statement at the time, but promised to set out the association’s aims and policies in a letter within twenty-four or fortyeight hours. Byrnes said. Byrnes added that the information has not yet, reached him. A Better Business Bureau bulletin on the association was held up by Byrnes pending receipt of Whallon s letter. Informed that someone was using his name in making promises of immunity from municipal court convictions, Whallon denied he has made any of the calls or promises, and declared none of the solicitors • has authority to use my name.” The organization was formed for the purpose of “authorizing publication of the Commercial Guide and Reference Manual” which will be published “by two individuals whose names can not be revealed.” according to E. C. Boswell, attorney, and vice-president of the association. Business Men Angered Whallon said he would investigate the financial status of the organization. Neither he nor Boswell knew how much money had been obtained by the solicitors in their week’s work in the city, they admitted. The solicitors are said to be under direction of George Bieber, secre-tary-treasurer, who is said to reside in Chicago and who is known as an advertising solicitor. Business men have been incensed by the solicitors who have practically demanded they subscribe to advertising, costing from $35 to SIOO after their “conversations with Whallon.” Refusal to take ads has resulted in proposals that they become “associate members” of the organization, according to reports to The Times. Some associate memberships have been offered for $25 apd others for $lO, it is reported. Advertising subscription automatically makes the subscriber a member of the association. Whallon said.

Marts Closed

New York. Chicago and other principal stock and grain markets of the country remain closed today in observance of the Columbus day holiday. Trade will be resumed Tuesday.

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The Indianapolis Times Increasing cloudiness tonight, followed by showers and cooler Tuesday.

VOLUME 42—NUMBER 133

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Ann Christy LOS ANGELES, Oct. 13.—Ann Christy’s nose was valued at SIOO,OOO in a suit on file today against the H. M. Baruch Corporation, owner of a ditching machine with which the actress alleged she came in violent contact Miss Christy claimed she received a multiple fracture of the nose when her automobile struck the ditching machine the night of Aug. 12. The machine was parked negligently, she charged.

OGDEN ACTING IN MOB CASE Prepares Affidavit to Be Filed Against Sheriff at Marion. i Attorney-General James M. Ogden today proceeded with the Marion lynching case as he had announced Saturday he would do. Target of Ogden’s effort to see that law prevails over mob rule at Marion is Sheriff Jacob Campbell of Grant county, who on the night of Aug. 7, is alleged to have permitted delivery of two Negro prisoners from the Grant county jail to a mob which hanged them on a tree on the courthouse lawn. Duty Pointed Out Repeatedly the attorney-general has pointed out that Indiana law requires that he proceed against the sheriff, should local authorities fail to do so. A Grant county grand jury did not indict Campbell and' brought no action against any mob men. Today Ogden called into conference his deputies, Merl Wall and Earl Stroup, who went to Marion immediately after the lynching. The conference brought forth several long distance telephone calls and the deputies may return to Marion, it was said. May Take Charge Saturday Ogden declared “some one” will return there, and there were indications Ogden may go to Grant county and take personal charge. An affidavit is expected to be filed against the sheriff during the week. This movement is receiving little support in the office of Governor Harry G. Leslie. L. O. Chasey of Marion, secretary to the Governor, is reported openly hostile.

U. S. REFUSES TO BAN TAX REFUNDS

$8,000,000 Injunction Suit Review Is Denied by Supreme Court. Settlement of Marion county taxrefund cases involving more than $8,000,000 must be made in Indiana courts, it was indicated today, when dispatches from Washington, D. C., stated the United States supreme court denied a review of the federal court action here denying an injunction. The supreme court, in denying the review, upheld the United States circuit court of appeals which this spring sustained Federal Judge Robert C. Baltzell's dismissal of a suit seeking to injoin Marion county officials from levying taxes to pay the refunds. Case in State Court Questioned whether Marion county must pay the refunds rests solely with Circuit Judge Clinton Van Duynn of the Greenfield circuit court, who is weighing evidence in the case. Van Duynn received the case on a change of venue by comity commissioners from Superior Judge James M. Leathers, Marion county Leathers a year ago ordered the county to pay the refunds. Litigation resulted from action of the state tax board ordering horizontal increases in taxes for the years 1919, 1920 and 1921. The horizontal increase order was held illegal by the Indiana supreme court. State Is Affected The suit before federal court was brought by E. C. Atkins Company, on behalf of 600 corporations, banks, trusts and public utilities, and asked that Marion county officials be restrained from enforcing special tax levies to make th® refunds. The corporations, having paid their taxes, under direct assessment by the Indiana state tax board, claimed they were not entitled to share the refund, but would have

BOOZE, GAMING PROBER FACES JUDGE’S ANGER W f, ter Promises Contempt Citation If Sleuth Used Assumed Name. TRIALS ARE POSTPONED ‘William F. Cody’ in West to Testify; Address Is Being Checked. Charges of contempt of court may confront “William F. Cody,” investigator for the city in the recent smash on alleged gan. iling and liquor joints in Indianapolis, Municipal Judge Paul C. Wetter said today. Wetter admitted he has been investigating to determine if the “Buffalo Bill” cognomen is the investigator’s true name or whether it was an alias under which the undercover man worked. According to Wetter, tbe prober can be cjharged with contempt of court if it is found he used an alias in signing affidavits on which were issued warrants that resulted in a score of raids and the arrest of more than eighty persons. In West for Trial When the defendants appeared for trial, “Cody” was not in the city and the court action was postponed until Wednesday. Last reports from members of the safety board were that “Cody” was in the west for a trial and they “hoped he would return.” The investigator was report, hired by the city after Mayor Reg. nald H. Sullivan and safety boara members nad received reports of alleged crime and vice operations. Evidence gathered by the prober was to have been the basis for raids several days before they finally were staged, after a delay caused by the government’s arrest of eighteen policemen on charges of conspiracy to violate the national prohibition law. Threatens Citation “If I find this man has given me a false name and address, he will face contempt charges,” Wetter said today. It is understood the address given by “Cody - ’ in Chicago is being checked on orders of Wetter. Municipal Judge Clifton R. Camero refused to issue the warrants when, he said, the investigator refused to answer his questions in full. Cameron locked the affidavits in his office and others had to be sworn before the raid warrants were obtained. According to Cameron’s report of nis dealings with the prober, the man admitted having been discharged from the federal department of justice. Funds Were Subscribed Tire investigator was paid out of funds subscribed voluntarily, it is believed, by city officials who were interested in the cleanup move. He had worked in the city more than a week before the raids were made, it is known. Meanwhile, predictions of further shifts in the police department have not materialized. Shortly after the raids last month, Police Chief Jerry Kinney changed the beats of several patrolmen and motor squads and said “othfer changes would be made.”

to pay taxes with which to meet them. Taxpayers in every county in the state are affected by the case, officials in other counties delaying action in refunds pending decision of the test suit in Marion county. SSOO IN GEMS LOOT Burglars Smash Window of Miller Company. Burglars who smashed a window in the Miller Jewelry store, 21 North Meridian street, early today made away with several rings, worth between S4OO and SSOO. The hole xn the window was discovered by a night watchman in the Continental Bank building, in which the store is located, about 4 a. m. A stone with which the glass was broken lay on the floor of the window. ENDS LIFE IN HIS CELL Youth, Confessed Slayer of Bride, Found Hanging From Water Pipe. Bu United Press CLEVELAND, Oct. 13. Four hours before he was to have gone on trial for the murder of his young bride of three weeks, the body of Tony diet, 31, was found hanging in his cell in murderer’s row at county jail here today. The confessed slayer’s body was found suspended on a leather strap from a water pipe by a cellmate. Believe Green Against Mine Move Bv United Press BOSTON, Oct. 13—President William Green of the American Federation of Labor has replied, adversely it is thought, to a suggestion looking to reunion of the socalled reorganized Mine Workers of America with the parent union of miners from which they seceded last April.

INDIANAPOLIS, MONDAY, OCTOBER 13,1930

A GOOD FRIEND HAS GONE TO HIS REST BY ROBERT P. SCRIPPS President and editorial director v* the Scrions-Howard Newspapers. It is a matter of only four weeks since I sought advice .from Milton A. Mcßae, allegedly retired, at his office in San Diego, and discussed with him affairs and problems of the Scripps-Howard newspapers, as well as interlocked family matters. It is only a few months since Roy Howard, on a business trip to California, did the same thing. No Scripps-Howard central executive has, for a dozen years, lived in California without calling on Colonel Mcßae, and he has been a constant source of inspiration to the California editors and managers of our organization. He was the friend and counsellor of my father, E. W. Scripps, until the death of the latter in 1926, as well as of my brother, James G. Scripps, until his death in 1921. This is the record of a man who was supposed to have discontinued his newspaper activities twenty years ago. It explains the intimate feeling of grief and loss prevalent throughout the ScrippsHoward organization today, even though most of us Sre of a later generation than “the Colonel.” Milton Mcßae was closely associated with my father almost from the inception of the Cleveland Press, the first of the present Scripps-Howard newspapers. His daughter Edith married my brother, John P. Scripps, and his grandson is my nephew. Many of his oldest friends still are my friends and associates, and I join with them in paying tribute to a man of force, of character, of great achievement and of entirely lovable personality. When I last saw Mr. Mcßae in California, only a few weeks ago, he apparently was in the best of health, although greatly grieved over the recent death of his son-in-law, Howard Henderson, of New York and New Jersey. He had no intimation of his own fatal illness. It is the saddest thing in the world that he had to die when he did. It is consolation to know that his death was not preceded by any long period of suffering.

THEATER CHIEF IS KIDNAPED, ROBBED

Forced to Open Safe; Left Gagged; Bandit Loot Is $2,200. Found tied and gagged in the fan room on the second floor of the Alamo theater, 152 North Illinois street, early today, Maurice Magers, manager of the theater, living at the Royal hotel, told police two bandits kidnaped and forced him to open the safe from which they took $2,200. The money was v-eek-end receipts of a chain of four small theaters owned by Manny Marcus, formerly of Ft. Wayne. Lieutenants Walter Claffey and John Sheehan, whose police squads answered alarms after Magers was released by a janitor and scrubwoman, ordered the manager held for questioning. Two Men in Coupe Magers said he was hailed by two men in a coupe parked at the curb on Illinois street, north of New York street, shortly after midnight, Believing they were friends he approached the car. One pressed a gun in his side and forced him into the car. At Fall Creek boulevard and Boulevard place, they forced him to give them the safe combination, and then returned to the theater. Failing to open the strongbox, they forced him to work the combination and, taking the money, bound him with his suspenders and necktie, and gagged him with his handkerchiefs. Found by Workers An hour later Arthur Dixon, Negro, 911 Fayette street, janitor, came to work. Still another hour later Mrs. Agnes Porter, Negro, 1417 North West street, charwoman, came on duty. In a corridor on the second floor Mrs. Porter said she saw a shadowy form running. With Dixon she searched the floor, and they found Magers in the fan room. The bandits are said to have left the building through a rear door. HOOVER JR. IMPROVING President’s Son Probably Will Spend Winter Somewhere in West. Bv United Press WASHINGTON, Oct. 13—Cheered by physician’s assurances that his elder son is recovering from a slight tubercular infection, President Hoover was back at the White House today after a week-end at his Virginia camp. Herbert Hoover Jr. probably will spend the winter at some place in the west.

‘Raffles’ Will I Save City Girl Locked in Safe Locked in a burglar-proof safe, an Indianapolis girl, yet to be chosen, will match her courage against the craft of “Raffles” Wednesday noon at 12:15, on one of the city’s principal downtown corners. Several girls applied at The Times office today in response to Saturday’s call for volunteers. The Lyric Theater, sponsoring this unusual stunt, offers $lO in gold to the young lady “Raffles” chooses for his feat. Her name will be announced Tueday. The exact place for this demonstration also will be announced Tuesday in The Times. “Raffles” is mystifying audiences at the Lyric theater this week with his feats of magic and sleight of hand, besides demonstrating his ability at safe-cracking. The safe will be placed upon a truck and moved to the scene of the demonstration shortly before noon. The huge steel box will be "’.pplied by a local furniture company which also handles the burglar-proof cabinets. A committee of prominent citizens will be present when the safe is opened and the girl steps inside. The combination then will be turned. Blindfolded “Raffles” will stand with his back to the safe and with his sensitized finger tips atteirr* to open it.

Catty Caddy Bv United Press CHAUNCEY, 0., Oct. 13. The latest wheeze in miniature golf is catty caddies. Postmaster C. E. McCafferty, Chauncey, has a course for his children in the rear of his home. Whenever a ball goes into the rough, the family cat retrieves it.

RECORD SEEKER LANDSIN CITY British Woman Flier Then Hops for Wichita. Having flown the 720 miles from Valley Stream, L. 1., to Indianapolis in six hours and thirty-six minutes, Mrs. Keith Miller, British aviatrix, halted at Curtiss-Wright Mars Hill airport at noon today. After refueling her plane, she hopped off again at 12:32 in her effort to break the transcontinental speed record established last week by Miss Laura Ingalls, American girl. Mrs. Miller’s Eagle Rocket Bullet came to a landing here at 12:06 p. m. It had left Valley Stream at 5:30 this morning (C. S. TANARUS.). Climbing from the cockpit, Mrs. Miller lighted a cigaret as she was besieged by reporters and photographers. Mrs. Miller hopes to reach Wichita, Kas., this afternoon for an overnight stop, before preceding Tuesday to Los Angeles. She was informed that it is raining in Wichita, where the ceiling is only 400 feet. Because of inclement weather in the west, Mrs. Miller said she probably would swerve over Kansas City, but intends no stop until her arrival at Wichita. After a few days on the Pacific coast the flier plans to return, making only one stop, at Wichita. RIGHT GIVEN TO FILE BOULDER DAM SUIT Supreme Court Permits Arizona to Move to Halt Work. Bu United Press WASHINGTON, Oct. r.—Arizona today was granted permission to file its suit in the supreme court to restrain its neighboring states and Ray Lyman Wilbur, interior secretary, from proceeding with the Boulder dam work. The court directed the issuance of service returnable Jan. 5, 1931. Just previously Wilbur announced the comptroller general had declined the request of Axizona to withhold funds appropriated for construction of the dam. Arizona contended contracts for power to be generated at the dam were illegal. MOSS GOES ON TRIAL Character Witness in Webster Case Faces Assault Charge. Morris Moss, 540 Massachusetts avenue, chief character witness in a recent trial of Irving Webster for blackmail, went before Special Criminal Judge Richard Bynum today, charged with assault and battery on his wife. DROUGHT CRISIS FADES Rains And Relief Machinery Are Having Favorable Effect. Bu United Press WASHINGTON, Oct. 13.—An improvement in the drought situation was reported today by Dr. C. W. Warburton, secretary of the federal drought relief committee, who said that rains and readjustments brought about by relief machinery were having a favorable effect. HELD IN ARSON JASE Impoverished W’idow, 70, Admits She Burned Home for Insurance. Bu United Press MOUND VALLEY, Kan., Oct. 13. —A 70-year-old poverty-stricken widow, Mrs. Louise Babb, was held in jail here today following her confession that she insured her home for $2,100 and then burned it

COPS BAFFLED ON IDENTITY IN MAIL ROMANCE l* I Marion Woman Claims Dead Man Is Husband Who Deserted Her. RELATIVES ISSUE DENIAL George Shriver Was 1 in Nebraska on Date Under Dispute. B.y Times Special MARION, Ind., Oct. 13.—George Shriver, alleged dupe of mail romance racketeers and for a while believed a poisoning victim, today was the object of a post-death fight over his identity. With the body of Shriver en route to Nebraska for burial, Mrs. May Beaver of Marion claims Shriver is the man who married her in May, 1926, under the name of Robert Morrow, and deserted her after taking her money. Shriver’s Nebraska relatives countered with the claim that Shriver did not leave his farm in that state until after the death of his first wife, Sept. 18, 1926. Mrs. Beaver’s identification was supported by Leon Keim, Marion real estate dealer, with whom the woman and her former husband had negotiated a loan for S7OO on a piece of property; by Mrs. Clarence Lytle, who prepared a wedding supper for the couple and who was intimate with them during their short married life, and by Police Chief Lewis Lindenmuth, who referred to a rogues’ gallery photograph of the missing Robert Morrow on file at headquarters. Ran Off With Money Mrs. Beaver, who had gone to the mortuary to select a monument for her husband’s grave, passed through the room where the body was lying. She declared she had replied to an advertisement appearing in a Marion newspaper and received an answer from Morrow postmarked Little Rock, Ark. He came here several weeks later and after a courtship of only a few days, they were married, she said. They planned to go to Jacksonville, Fla., to make their future home, but Morrow disappeared thirty minutes before they were to take the train, she related. Morrow nad placed SI,OOO in a Marion bank in a joint account with his wife and to this sum was added the S7OO she obtained by a mortgage on her property. All of the money was taken from the bank by Morrow. • Identified Watch Mrs. Beaver also identified a watch found cn Shriver as the one she had given him shortly after their marriage. Authorities were ready to admit the almost positive identification, but declared Shriver’s actions since arriving here in reply to letters said to have been received from Mrs. Oda Lippens failed to convince them that he was a “love pirate” preying on women for money. Shriver admitted shortly before his death he realized he had been duped and told of giving Mrs. Lippens S6O to make a payment on her car. He also stated that he had phoned his brother in Nebraska in an effort to obtain S2OO which Mrs. Lipppens had requested to pay the expenses of the manager of her extensive oil interests. The Lippens woman and three alleged accomplice are held in jail at Indianapolis for postal inspectors who say the quartet was working a matrimonial swindle. MURDERER IS DEAD Triangle Slayer Succumbs at Prison Farm. Bv United Press BORDENTOWN, N. J., Oct. 13. Willis Beach, 60-year-old poultry farmer who was convicted of killing Dr. William A. Lilliendahl, is dead at the state prison farm here where he was serving a ten-year sentence. Mrs. Margaret Lilliendahl, wife of the slain man, is serving a tenyear sentence in the women’s reformatory at Clinton for participation in the killing. Mrs. Hoover Is Recovering Bv United Press WASHINGTON, Oct. 13—Mrs. Hoover almost has completely recovered from the cold and hoarseness she contracted while accompanying President Hoover on his speaking trip last week.

Baby Girl Wanders All Night Through Streets

Bv United Press HAMMOND, Ind., Oct. 13.—Rose Marie Diechelbor, 18-months-old girl who had been missing all night and believed kidnaped, was found unharmed today by police two blocks from hex - home. The little girl apparently had wandered in the vicinity of her home all night, while 1,000 Boy Scouts and police searched the neighborhood Rose Marie, daughter of Mr. and Mrs. Deichelbor, disappeared at 6 o’clock Sunday night from the backyard of her aunt, Mrs. Clara Actenberg. When she was not found in the neighborhood by the family,

Entered as Second-Clast Matter at Postoffice. Indianapolis. Ind.

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Chancellor Heinrich Bruening

POLICE CLASH WITH FASCISTS Bitter Disturbances Mark Opening of Germany’s New Reichstag. * Bv United Press BERLIN, Oct. 13.—The opening session of the new Reichstag today was accompanied by Fascist demonstrations in the chamber and rioting In the heart of the capital, where police clashed with demonstrators. After half a dozen minor disorders outside the Reichstag, police chased demonstrators to the nearby Potsdamerplatz, where fighting continued. Windows of the big Wertheim department store, near Potsdamerplatz, and of other shops and cases were smashed. Neighboring stores put up iron shutters as police reinforcements were rushed to the scene to halt the disorders. A score of persons were arrested. While the government of Chancellor Heinrich Bruening was*given a foretaste of the violent future attacks of Fascists and Communists in the chamber, heavy police guards vigorously were swinging truncheons outside to halt disorders, and hold back thousands of persons who attempted to gain entrance to the most tense session of the Reichstag in many years. Opening Session Tumultuous Fascist party members and deputies —raised to second in rank in Germany by the recent election — demonstrated both inside the chamber and in the streets, shouting “Hail, Hitler!” and “Awake, Germany!” the cries of the extremist party, led by Adolph Hitler, The opening session of the Reichstag started tumultuously when the Fascists, clad in the brown shirt uniforms which are against the Reichstag rules, entered while the packed galleries waited tensely. The deputies recessed after defeating a Communist motion against the government by an overwhelming rising vote. Bitter Antagonism Revealed A Communist deputy in the chamber shouted: “Police are beating the workers outside—that is how you open the Reichstag.’ A Fascist crowed like a cock, ridiculing the Communists. After the roll call the Communist deputies shouted their battle Cry: “Red front,” repeating it three times. When Chancellor Bruening’s name was mentioned the Communist shouted: “Starvation dictator!” Minister of Justice Johann Bredt, who had been asked by his economic party to resign from the cabinet, refrained from doing so on the request of President Von Hindenburg, who urged him to remain in office. After sharp fighting in the Potsdamerplatz, police dispersed them and arrested twenty, making a total of about fifty under arrest. Authorities gained control of the situation in all sections after various clashes with the crowd of five thousand or more. ALKY TOLL MOUNTING Six More Bad Booze Deaths Bring Newark List to 20. Bn United Press NEWARK, N. J., Oct. 13.—Six deaths from alcohol poisoning Sunday night and today brought to twenty the toll here in the last five days. Hourly Temperatures 6a. m 58 10 a. m 65 7a. m 62 11 a. m 79 Ba. m 65 12 (noon).. 81 9a. m 72 Ip. m 82

police and Boy Scouts were called in and searched throughout the night Fears that she had been kidnaped arose when it was learned her father, employment manager for the South Chicago plant of ByProducts Company, had discharged twenty-two men recently. Police immediately set out to search the homes of the men for traces of the child. As this phase of the search was underway, Rose Marie was found two blocks from her home, territory that had been gone over time and again during the night by the 1.000 searchers. 3 u*

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ZIEGFELD GIRL IS GRILLED IN GANGSHOOTING Jack (Legs) Diamond on Edge of Death; Trapped by Foes in Hotel. VICTIM’S LIPS TIGHT 19-Year-Old Chorus Woman Whimpers ‘l’m Good Girl’ to Probers. BY HARRY FERGUSON I'nllid Press Staff Correspondent NEW YORK. Oct. 13.—The vitality that carried Jack (Legs) Diamond through the hazardous life of the underworld came to his aid today as he lay on the edge of death in Polyclinic hospital with four gangster bullets in his body. His condition was reported slightly improved, but he still was unabla or unwilling to answer questions. So. just before noon, police led Marion Roberts, titian-haired Ziegfeld showgirl, into a private room at police headquarters and sought to learn from her how and why Diamond was shot Sunday as he sat in his red pajamas on a bed at the Hotel Monticello, sipping orange juice. The girl, beautiful as all Ziegfeld girls must be, whimpered just as she did Sunday when police hauled her out of a clothes closet in the apartment of Agnes OXaughlin, a chorus girl friend, who recently threatened to sue Rudy Vallee for SIOO,OOO on a breach of promise charge. “AH my life I’ve been a good girl,” Miss Roberts sobbed. “Jack was my first sweetheart.” Gangster Pleaded for Mercy She sketched her life briefly for police; told them she was 19, and described how she came from upstate New York and climbed into Ziegfeld chorus in “Whoopee” at an age when most girls still are in high school. Miss Roberts admitted she had been living in an adjacent, room to the one Diamond occupied at the Hotel Monticello, and once more she blurted out the story of how she was drawing a bath when two men called to see Diamond, Jack took them to the next room —his own—and she dressed hastily and fled to Miss O’Laughlin’s apartment. Police hammered at her story. Why, they wanted to know, had she made a telephone call to New Jersey Saturday night. They were seeking to develop their theory that New Jersey gangsters invaded Diamond’s hotel and shot him because of a beer gang quarrel. She refused to answer. SI,OOO for Medicinal Case Meanwhile, police lines were drawn around the Polyclinic hospital. Detectives were alert to see no one penetrated to Diamond’s room, and finish the job the two men who shot him Sunday may have 1 bungled. Sunday, someone thrust a handful of bills into a nurse’s hand at the hospital. Inside the SI,OOO was a note asking that “Jack be given the best possible medical care.” Reports persisted that Miss Roberts had identified two faces in the rogue’s gallery as Diamond's assailants, but the rumor conflicted with her statement that she was taking a bath when the man called, and hence could not possibly have seen them. Refuses to Talk From Diamond, detectives got the same meager information that they have acquired every time they arrested him. On his cot he twisted his mouth into its familiar halfgrin and muttered: “They were too fast for me. There were four of them and I never saw them before.” All other persons have said only two men halted their autcrvibile outside the hotel and entered to snoot Diamond. The assault on Diamond aroused an interest here which was exceeded only by the murder two years ago of Arnold Rothstein, for whom Jack worked in the days before he, too, found ways to make money out of needle beer and slot machines. The two shootings, it was pointed out, were remarkably similar. Rothstein also was shot while in a hotel, and he, too, lay in Polyclinic hospital refusing to identify his assailants. Bulked Large in News Diamond had bulked large in the news of late. His spectacular trip to Europe, where he was barred from Belgium and deported from Germany made him known internationally. He came up to underworld notoriety along the familiar route that stretches from Hell’s Kitchen to Broadway. Slender, nervous—quick alike with his feet and his trigger finger—be was dubbed I-egs on the lower east side when, as a boy of 14, he became proficient in “truck-tipping.” Bundles would be bounced off delivery trucks by bands of boys who would flee with their loot. The most agile of them all was Johnny Nolan who later was to become Jack Diamond, body guard to Little Augie. Near Death Before Today was not the first time Diamond has been near death from bullets. He and Little Augie rounded a corner several years ago and were met by a storm of bullets. Little Augie died, but Diamond still carries five scars from that encounter. Diamond's other notorious encounter with the law war the result of a brawl in the Hotsy-Totsy Club one night. *