Indianapolis Times, Volume 42, Number 135, Indianapolis, Marion County, 15 October 1930 — Page 1

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16,000 STATE TEACHERS TO OPEN SESSKIN School Leaders’ Meetings to Get Under Way on Thursday. SENATOR FESS TO TALK Dr. Albert Parker Fitch of New York to Be Cospeaker. Hotels held rooms in readiness for i apacity registrations today as 18,000 members of the Indiana leaching army closed schoolhouse doors and started their annual pilgrimage to Indianapolis. Early arrivals tor the Indiana State Teachers’ Association's annual convention began gathering shortly after noon, and officials predicted the largest attended convention in the association’s seventy-seven years’ existence. Under the slogan. ‘ Planning for Public Education in Indiana," teachers and school officials will open their convention with general sessions at Cadle tabernacle and the Indiana ballroom at 9:30 a. m. on Thursday. Senator Fess to Speak Nationally prominent speakers and outstanding leaders in the educational realm grace the three-day convention program. Recent steps toward World peace will be brought to the fore in a message by Simeon D. Fess, United States senator from Ohio, at the initial general session in Cadle, Thursday morning, at which Dr. Albert Parker Fitch of Park Avenue Presbyterian church. New York, will be a co-speaker. At the Indiana ballroom, George D. Strayer. director of educational research, Columbia university, will start the program with an address on "The Administration of Public Education in Indiana." and Cameron Beck, New York Stock Exchange personnel director, will discuss The Cost of Leadership." Miss Fry to Open Meeting Inaugural address of Miss Mattie B. Fry, Anderson, state president, will be given at Cadle Thursday night when Strayer, as principal speaker, will point out highlights in the American program of education. Sectional meetings, at which delegates will hear discussions on particular branches of education, are scheduled for Thursday and Friday afternoons. County school superintendents met at the Lincoln today for their annual meeting under leadership of O. O. Hall. Bedford, president, and heard Walter F. Dester, president of Whittier college, Whittier, Cal. Headquarters at Lincoln During their stay here, teachers are to be afforded every convenience of the Chamber of Commerce, which is assigning rooms in private homes. Rooming booths are located in the Claypool lobby. Convention headquarters are at the Lincoln where Charles O. Williams is in charge of the association's state offices. The entire general program is under direction of the association s executive committee of which Robert B. Hougham. Franklin, is chairman. Other outstanding personages due to address general sessions during the convention are: Ralph W. Sockman, Madison Avenue M. E. church pastor. New York; L. H. Dennis of the Pennsylvania department of public instruction; M. V. O’Shea, University of Wisconsin; Florence Hale, editor of the Grade Teacher, Augusta, Me.; John W. Cooper, United States commissioner of education, and Frank L. McVey, University of Kentucky president. SHOWERS PROBABLY ON WAY. IS FORECAST Abnormal Temperatures Hold Sway; Rise Is Expected. Abnormal temperatures still held the weather fortress in Indiana today, with skies clouded and showers probably on the way, according to the United States weather bureaus forecast. At 2 p. m. Tuesday the mercury rose to 82 degrees, but had subsided to 56 degrees at 6 a. m. today. Its rise to the high seventies was expected again this afternoon. CHILD SOLVES MURDER .Mother's Confession Discredited by Story; Grandfather Held. B v United Press ROCKFORD. 111.. Oct. 15.—When Marie Domino, 5, told investigators that she had seen "mother give a gun to granddaddy.” Mrs. Frank Domino’s confession of murdering her husband because of unfaithfulness was doubted. Today. Mrs. Domino's father. Mike Abena, 70, confessed the murder, saying Domino had mistreated his daughter. BRAZIL ARMY FAVORED L. S. Approves Munitions Sale to Federal Forces. Says Stimson. Bn I nitfd Pres* WASHINGTON. Oct. 15.—Secretary of state Stimson announced today the American government law no reason why Brazilian federate should not buy munitions in this country, and at the same time stated the opposition of the state department to the sale of war materials to Brazilian insurgents.

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The Indianapolis Times Mostly cloudy tonight and Thursday; probably showers; not much change in temperature.

VOLUME 42—NUMBER 135

Bandits Kill Watchman in Gun Duel Bp T;nite<i Press NORTH MANCHESTER, Ind.. ; Oct. 15.—Presta Vickery, night watchman in North Manchester, was shot to death early today in a gun battle with two bandits who were surprised while attempting to rob the Brady clothing store. Wilbur Martin, merchant watchman, discovered the men in an alley and emptied his revolver at them. Vickery came running from his patrol point along the river bank, and was shot through the body. He died before medical aid could be obtained. The two men made their escape. It is not known whether they were wounded. The gun battle took place about 4 a. m., and aroused the town to intense excitement. Posses were organized hastily. No loot was obtained. Shoot Woman, in Auto Ru t tilted Press . WARSAW, Ind., Oct. 15.—Miss Anna Harper, 45, of Mansfield, 111., injured slightly, was in a Warsaw hospital today, a victim of the search for burglars who attempted to rob the Brady Clothing Company at North Manchester. Officers at Silver Lake, notified of the robbery, ordered the driver of an automobile to stop and on failure to obey, Fupert Hill is alleged to have fired on it. Miss Harper, en route to Niles, Mich., was struck in a hip. An investigation of the shooting was started immediately.

PIONEER CITY RESIDENT DIES Mrs. Mary J. Orbison Sat on Lincoln’s Lap. Mrs. Mary J. Orbison, 81, of 3522 East New York street, pioneer resident of Indianapolis, known in her neighborhood as ‘the lady who sat on Abraham Lincoln’s lap.” died today at her home. Mrs. Orbison’ father was sheriff of Vermillion county. 111., and a friend of Lincoln. When Mrs. Orbison was a child, Lincoln took her on his knee on several occasions and told her stories. She was a graduate of Oxford seminary. Oxford. 0., and was married to William H. Orbison July 11, 1871. Her husband died a number of years ago. Funeral services will be held at 2:30 Friday at the home with burial Saturday ip Troy. O. Survivors are two daughters, Mrs. Omer Post and Miss Elizabeth Orbison, both of Indianapolis; a son, Charles J. Orbison. Los Angeles, Cal., two grandchildren, Telford B. Orbison, assistant United States district attorney, Indianapolis, and Robert H. Orbison, Washington. D. C. DEAD MAN FACES SUIT Marion Womau May Seek S7OO in Mail Romance Tangle. Bp Times Bprrial MARION. Ind.. Oct. 15.—Suit to recover S7OO may be filed by Mrs. May Beaver, who charges George Shriver, alleged dupe in a mail romance plot,, in reality is Robert Morrow, who married her here and disappeared shortly after the wedding. Shriver, or Morrow, died here Friday and the body has been claimed for burial by Shriver's relatives. The body was identified byMrs. Beaver and others as that of Morrow.

She’s Fired byZiegfeld

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Marion Roberts, show Kiri, has lost her job with Zicgfcld because of her connection with "Legs" Diamond shooting.

IRATE CITIZENS UNITE IN WAR ON CREAMERY East Side Residents Are Incensed at Secret 0. K. by City. CIVIC GROUPS OPPOSED Charge Operation Is Not Legal Under Rules of Zoning Board. BY CHARLES E. CARLL Irate over the recent secret action of the city plan commission to permit operation of a creamery of the Benner Farms Dairy, Inc., at 1011 North Gladstone avenue, a residential section, residents in the terirtory today organized to battle the city board’s move. After refusing the company permission to use a building at the location Sept. 23, the board voted secretly to allow the company to operate for a year provided a "bona fide effort” to find anew site was made in six months, The Times learned. The board, in denying the first petition, declared a dairy in the district would be a "menace to health” and not in harmony with the city zoning law. Permit Not Assured That neighborhood protests may force the commission into its original position denying the permit was indicated today when H. B. Steegs, secretary-engineer of the city plan commission, made a statement preparing the way for such action. "The Times’ story erred in giving the impression that the commission’s action in consenting to receive the petition was equivalent to its being granted," Steeg said. "The new petition is an entirely new action. It asks only a temporary permit—for one year. The original petition 'was for permanent permit.” Civic League Target The commission’s action was the t arget of members of the ShermanEmerson Civic League Tuesday night and a resolution, opposing the move, was adopted. Members agreed to inform persons in the district of the commission's step to permit location of the creamery and attend the session Oct. 21 when the commission is scheduled to approve the petition. Albert Neuerburg. civic league director, declared residents “will fight this matter to the end, carrying it to the courts, if necessary. Property owners in other parts of the city, where the board has failed to change its rulings on similar matters, are incensed over the east side action, it is reported. Samuel O. Dungan, president of the Polk Milk Company, but said i not to be connected with the new j firm, owns the structure. LABOR ACTS TO ADOPT FIVE-HOUR WORK DAY Convention Refers Proposal to Study Group for Year. Bp United Press BOSTON, Oct. 15.—The American Federation of Labor has taken a preliminary step toward a possible campaign for the adoption of a basic five-hour work day. The annual convention of the j organization Tuesday referred to its executive council for study during the coming year, a committee re- I port recommending the five-hour day. The executive council has been instructed to make its report to the 1931 convention, at which the federation as a whole probably will act on the proposal.

INDIANAPOLIS, WEDNESDAY, OCTOBER 15, 1930

22,000 TONS ON CRAWL

Building Shoved One and Quarter Feet an Hour

Bk. 4 11 X iftlf Jiff J :f! | "Merrily we roll along, roll T II along!" if' IH That was the theme song of emI Q&JS | p’.oyes of the general office building t, C £s***£ I | of the Indiana Bell Telephone Com--1 WT • pany. Meridian and Ohio streets, toV Itlf - W ** f : < Wm&SsZ 1 day as they worked undisturbed by the buil dlng being moved at the W * rate 01 one anc * one-quarter feet an so vm M hour. There wasn’t even a list in a glass ' jing's cafeteria as the structure 11 moved inch by inch over rollers set

Top Left Photo—Three of the 662 employes in the Indiana Bell Telephone Company's office building watching the big ride. Top Right—Eighteen men at jacks moving the 22.000-ton building. Lower Photo—Ed Brown, structural steel superintendent of the John Eichleay Jr. Company, Pittsburgh, movers of the building, woiking on the 75-ton jacks.

CLERK. FIRED, DRAWING 'FEE' T Roland Rhoads, Discharged, Still Gets Public Money. Roland Rhoads, former city license clerk and precinct worker, discharged last summer by City Controller William L. Elder for alleged shady circumstances surrounding handling of license fees, still is drawing a salary at the expense of taxpayers, it was learned today. County Treasurer Clyde E. Robinson, Seventh district G. O. P. chairman, admitted Rhoads is working in the treasurer's office as a delinquent tax collector. Involved in what generall is conceded to be a "knock down” racket in discounting city license fees, Rhoads to date has escaped any criminal action. Robinson did not disclose Rhoads' salary, although it is known the discharged clerk is working on a “fee” basis, regarded as a political "plum." At the time Rhoads was fired from the city position, he had been assigned to the city hall by Robinson. who has charge of the office. POPE PERMITS RITES Italy-Bulgaria Marriage Is Given Dispensation. Bii I ii iti-ft Press VATICAN CITY, Oct. 15-Pope Pius has granted a dispensation for the marriage of Princess Giovanna of Italy and King Boris of Bulgaria, a member of the eastern Orthodox church. Dispensation for the mixed marriage pledged both parties in writing to baptize and educate thenchildren in the Roman Catholic faith, not even excepting a possible heir to the Bulgarian throne.

STUBBORN FIGHT FOR LIFE MADE BY LEGS DIAMOND

BY HOWARD FERGUSON United Press Correspondent NEW YORK. Oct. 15.—Legs Diamond, wasted by tuberculosis and weak from loss of blood where four bullets creased his body, was fighting harder for his life than he ever did in a streetcorner gang feud. He lay clear-eyed, but faint on a bed in Polyclinic hospital and whispered an answer to District Attorney Thomas Crain's question as to the identity of the two men who shot him, Sunday, in the Monticello hotel. “I don’t know who did it. Mr. Crain.” Diamond said. ‘lf I did I'd tell you.”

Jury to Get Vote Fraud Case Today Prosecutors today battered at the defense of John L. Bienz. Coffin henchman and primary poll official, on trial before a criminal court jury charged with marking ballots for himself after the polls closed. Grilling Bienz, who sat in the witness chair more than an hour this morning, Prosecutor Judson L. Stark attempted to show jurors Bienz marked ballots in favor of himself while illegally occupying a chair with poll officials during tabulation of votes. A politician for more than thirty years, Bienz vehemently denied he "voted” himself into office by using a blue pencil. The state in closing arguments this afternoon will ask the jury to sentence Bienz to the state prison for five to ten years. Bolstering Bienz’s denial, E. W. Hoover, official atr the same poll, against whom Stark indicates he also will file charges, told jurors Bienz was "framed by political enemies.” Hoover declared none of the tabulators with Bienz had blue pencils during the tabulating—a direct violation of election laws. Bienz told jurors he “did not know it was a law violation to participate in counting of votes cast for him as candidate for precinct committeeman. •WORST PLAY I’VE READ’ Radc’iffe Dean Refuses to Allow Girls to Act Molnar's “Olympia.” H CAMBRIDGE, Mass.. Oct. 15. Denouncing Molnar's "Olympia” as “the worst play I have ever read,” Dean B. V. Brown of Radcliffe college has refused to permit Radcliffe girls to co-operate with Harvard students in a joint presentation of the play.

"Maybe that fellow' is telling the truth." Crain said as he left the hospital. Nevertheless, the district attorney announced he would summon John Ginsburg, also known as Jacob Ginsburg. to his office today. Ginsburg, manager of the Hotel Monticello, surrendered Tuesday and told how he had left the hotel after putting Diamond to bed and summoning an ambulance. "Tuesday I let Mr. Ginsburg talk to me.” Crain said, "because I wanted him to tell his story in his own way. Today I am going to talk to him. I think his hasty ,

Entered as Serond-Clasa Matter at Postoffice. Indianapolis. Ind.

Phone Employes Work on Undisturbed by Push of Big Jacks. "Merrily we roll along, roll along!” That was the theme song of employes of the general office building of the Indiana Bell Telephone Company, Meridian and Ohio streets, today as they worked undisturbed by the building being moved at the rate of one and one-quarter feet an hour. There wasn’t even a list in a glass of water at luncheon in the building's cafeteria as the structure moved inch by inch over rollers set on steel rails. Elevators in the bidding go “up and down” as usual. Eighteen men manning ratchetscrew jacks are moving the building southward. Tuesday the structure was moved six feet and the daily average will be twelve feet until it is moved fifty-two feet south of its former base. The building's entrance, practically a castle’s moat gliding on rails, moves as the jacks shove their seventy-five-ton pressure against the north side of the structure. Water, sewage and gas lines are attached in a flexible fashion to the building and are lengthened as the movers shove the building farther south. Long distance wires are housed in a heavy submarine cable which lies on the basement’s surface. The cables are given adidtional play as the movers require. The city's biggest moving feat will be completed in December. The cost is approximately $300,000. WINTER IN NORTHWEST Snow Flurries Arc Reported Along Canadian Border. Bu I tiited Press PORTLAND, Ore.. Oct. 15. Flurries of snow were reported today at Spckane, Wash.. Victoria, B. C., and other points along the Canadian border. Moscow, (Idaho) experienced a storm which whitened the ground for two or three hours. It was cold and blustery in Seattle and Portland.

WHALLON QUITS POST WITH “BUSINESS MEN’S” GROUP

Connection of Thomas C. Whallon, attorney and former judge, with the Indiana Business Men's Association. Inc., was severed definitely today, he told The Times. His resignation as president of the association, which The Times disclosed solicited advertising for its official publication with intimated promises of immunity from convction on minor law violations, was accepted by the directors, he said. The directors are: Edwin C. Boswell, local attorney, counsel and

departure after the shooting indicates guilty knowledge.” a a a SURGEONS admitted they were surprised by the tenacity with which Diamond clung to life. Tuesday, raving in a delirium, the gangster suffered a pulmonary collapse and his tubercular condition indicated there was little hope of him living. Father Scully of the Sacred Heart church bent over Diamond’s bed and read the Litany for the dying, as the gangster, recognizing no one, shouted: *Tm a big shot. I'm as big as Rothstein and don t you forget it.” .It was almost two years ago .

OGDEN LEAVES FOR MARION TO FILE CHARGES AGAINST SHERIFF, MOB SUSPECTS Seven Alleged Lynching Leaders Are Named in Affidavit Signed by Investigator for Attorney-General’s Office. CAMPBELL MAY FACE REMOVAL State Obliged to Act After Failure of Grand Jury to Indict, Statement on Case Tells Public. Armed with affidavits against Sheriff Jacob Campbell of Grant county and seven alleged leaders of the Marion mob which lynched two Negro prisoners, Attorney-General James M. Ogden left for Marion at noon today to file personally criminal proceedings in Grant circuit court. He was accompanied by Merl Wall, deputy attorneygeneral, and Arthur Bruner, investigator for Ogden’s office, who signed the charges. Alleged mob leaders named in the affidavits are Charles Lennon, Everett Clarke, Arnold Walters, Bob Beshire, Chester Pease and two men named Boyd and Prainn, whose first names are missing. All are Marion residents. Identity of the latter two is expected to be established at Marion, Ogden explained.

THREE FINED IN GAMBLING RAIDS 70 More Caught in Police Net to Face Trial. Three were fined and given jail sentences today by John Becker, special municipal judge, as defendants in four cases resulting from a series of police raids several weeks ago, appeared in court. The raids followed arrest of eighteen police by federal agents, and a general expose of liquor and gambling in the city. Joe Mitchel, proprietor of a poolroom at 410 Indiana avenue, and Frank Mox, Negro- employe, each were fined SIOO and costs and sentenced to thirty days in jail on conviction on keeping gambling device charges. Burley Rosell, proprietor of a poolroom at 801 Masachusetts avenue, was fined SSO and costs and sentenced to fifteen days in jail for keeping gaming devices. Two cases were continued, and this afternoon almost seventy additional defendants are scheduled to appear before Judge Becker. William F. Cody, Chicago, special investigator employed by the safety board, on whose complaints search warrants for most of the raids were issued, was not in court. HEART ATTACK FATAL AT WHEEL OF AUTO William P. Magee Dies as He Brings Sweetheart Back From Ride. Returning to the home of his sweetheart, Miss Julia Sheehan, at 551 North Oxford street, after an automobile ride with her, William P. Magee, 27, of 301 North Tacoma avenue, died suddenly of heart disease at the wheel of his car Friday night. Miss Sheehan told Deputy Coronor O. H. Bakemeier she just had stepped from the car when her escort groaned and gasped She turned to find him dead. Magee is survived by his mother, Mrs. Margaret Magee, and one sister, Helena. He had been suffering from heart disease, Dr. Bakemeier was informed. Potatoes Dug by Thieves PLYMOUTH, Ind., Oct. 15.'— Thieves at the farm of Frank King near here used their hands to dig up seven rows of choice potatoes.

vice-president of the organization; and George Biever, Chicago, an advertising solicitor, who also is sec-retary-treasurer of the association. Whallon resigned Monday after he was confronted with information that his name and inferences that his power in city courts might be relied upon was used in attempts to persuade Indianapolis business men to buy advertising space in the publication .and memberships in the association. Probe into activities of the association was continued today by the prosecutor’s office.

to the day that Arnold Rothstein lay in the same hospital, in the same feverish condition. He too had been shot by underworld enemies. In a cell at the house of detention, Marian Roberts, Diamond’s chorus girl sweetheart, who is held in bail as a material witness, wept because she had been discharged from the chorus of “Smiles,” Florenz Ziegfield’s impending musical comedy. She had been unable to report for rehearsals because of her failure to raise bail. “I guess I'm through with the show business,” Miss Roberts said. Nobody will give me a job now.”

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; In making the affidavits public, Ogden issued a threepage statement to the press j in which he set out that since local authorities had failed to prosecute in this lynching it I becomes the duty of the ati torney-general to do so. The statement reads in part as follows: “For the first time in almost thirty years in this state, two persons were taken from the Grant county jail at Marion, Ind.. by a mob and lynched on Aug. 7, this year. Attorney-General to Prosecute “The attorney-general's office immediately gave aid and assistance to the Grant county authorities in the investigation of this crime and collected much evidence. “At the request, however, of some of the local authorities, the attor-ney-general’s office delayed further direct action until the case had been considered by the iocal machinery of the law, that is, the Grant county officials. “Those officers have now reported and have found no indictments. Under the law it becomes the plain and positive duty of the attorneygeneral to take such legal action as is set out in Section 2534 of Burns Statutes 1926." There follows the citation, and the statement continues: “The duty of the attorney-general is plan and positive under this statute. He is to prosecute. He has no authority to judge the case himself. That must be done by the court and the jury. Not Matter of Meddling “This statute stares the attorneygeneral square in the face. The road is clear and distinct. Who will say that he in good conscience can detour it? “Asa public office is a public trust, in this instance the office of the attorney-general has the trust of the public in prosecuting the orderly process of the law when a lynching occurs. “It is not a matter of the state meddling or not meddling with local affairs in communities. The lawmakers of Indiana have seen fit to make it a state affair and to ordain that the attorney-general take orderly legal proceedings when lynchings occur to the end that law and order may be preserved throughout the state. Protect State’s Good Name “It thus was provided that when the state of Indiana has been disgraced by a lynching the good name of the state should be protected by the highest prosecuting authority in the state. It was made the duty of the attorney-general to see that there should be no miscarriage of justice and that there should be no breaking down of the law of the state. "Our government is one of law and order.” Judge O. D. Clawson presides in the Grant circuit court where the affidavits are to be filed. He refused to accept affidavits earlier, when Wall and Earl Stroup, deputy attorneys general, sought to file them against alleged mob leaders. His contention then was the court was on vacation and the grand jury would take care of any indictments. The grand jury not only failed to indict, but praised Campbell for his conduct in .he affair. Campbell is Grant county Republican chairman and a member of Governor Harry G. Leslie's crime commission. SI.OOO Fine Provided Should he be tried and found guilty, Campbell would be removed as sheriff and fined SI,OOO. Any person convicted of active lynching gets a life prison sentence and mob members two to twentyone years. Affidavits against the alleged lynchers charge them with "unlawfully beating, wounding and hanging” Abe Smith and Thomas Shipp on the courthouse lawn on the night of Aug. 7. The Negroes had confessed, police said, in a robbery, attack ancU murder case. Hourly Temperatures 6a. m 56 10 a. m..... 64 7a. m 57 11 a. m 67 Ba. m..,.. 59 12 <noom.. 79 9a. m 60 ip. m 70 * 1

Outside Marion County 3 Cent*