Indianapolis Times, Volume 42, Number 259, Indianapolis, Marion County, 10 March 1931 — Page 1

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DEFENSE ENDS SUDDENLY IN TORCH CASE rrotmes Rests After Three Witnesses Are Called for Schroeder. FATHER GOES ON STAND Women in Courtroom Sob as Sorrowful Story Is Related. BY EDWARD C. FULKE Precipitating a sudden end to Harold Herbert Schroeder’s defense to a charge of murdering an unknown man in the High School torch car tragedy nine months ago, Ira Holmes, the accused man's attorney, this mcrr.ing rested his case after testimony by three witnesses. Apparently unable to produce additional witnesses, Holmes summarily closed Schroeder’6 defense, and his fate will be submitted to the Jury probably Wednesday. The state asks that the Mobile radiator repair man pay for the alleged crime with his life. Witness Fails to Appear After a brief session marked with the relatively unimportant testimony of three witnesses, Holmes rested when a man said to have witnessed the accident, thirty-five miles west of Terre Haute, in which the unknown man died, according to Schroeder, failed to appear in court. Judge Frank P. Baker rescessed the session, expectant of the witness' arrival momentarily. After a short wait, Holmes made his startling statement. “I have no other witnesses,” Holmes told Baker. “My case is rested.” All that remains in the trial now la the hearing of testimony of two alienists who examined the accused man for sanity. Tension Is High Their testimony was to be heard when court reconvened at 2 p. m., and closing arguments In the case were to follow.! It Is probab e that arguments will not be made until Wednesday. Hundreds of spectators jammed into the courtroom this morning, expecting to witness a hard-fought defense battle. As the session got under way, tension was at its highest point. When Ernest Schroeder, whitehaired father of the accused man, took the stand to bolster his son’s claim to innocence, sobs of women onlookers broke the stillness. Bent and trembling, the 71-year-old man faced his son, and in a low, trembling voice, told of the Schroeder family history. Mother Was in Asylum

He told of Schroeder’s mother being confined to an asylum In 1896, a year and a half after Schroeder was born. The mother sat behind her son at the prisoner’s table and wept silently as her husband told his story. In the spectators’ section, women sobbed while the prisoner’s father looked first to the Jury and then to the crowd. He tugged at a handkerchief held In his hands, and his brow clouded now and then. He told of Schroeder’s chile 1 life — the story of a country boy frolicking off to the country school each morning, until, at the age of 20, the boy left home. Father Seems Puzzled The witness seemed puzzled by the stifled sobs rising from the rear of the courtroom. He told of Harold’s marriagehow he came “back home - ’— • now and then’’—of working “here and there.’’ “He only went to school up to the time he was 14 or 15. He never got in trouble.” As If taxed by the ordeal, the father stared blankly before him when Holmes completed his line of questions. “You may take the witness," Holmes said to Prosecutor Herbert Wilson. “No question,” was Wilson’s response. Sob in Sympathy As Schroeder’s father left the s.and, limping and faltering, an audible cry of sympathy went up from a group of women spectators. Immediately afterward Holmes rose to Introduce certified copies of lowa court records verifying testimony that Schroeder's mother, Mrs. Laura Schroeder. and his grandmother, Mrs. Elizabeth King, were inmates of the asylum The grandmother died In the Institution, Holmes disclosed. Mrs. King, Holmes revealed in reading the record to the Jury, was a victim of fear. Investigation disclosed, Holmes read, that she "had a great fear of being killed and her blood boiled tn a kettle.” On several occasions she threatened suicide, the report disclosed. Shows Ditches Exist Nature of the insanity of Schroeder’s mother was not disclosed In the report Holmes read to the Jury. As court opened this morning, Holmes launched his fight to show the existence of ditches In the vicinity where Schroeder claimed the accident occurred. W. J. Ranke, 1126 Bancroft street, a traveling salesman, was called by Holmes to testify that at numerous points along the road ditches of varying depth exist. The witness said he had been hired to investigate characteristics of the road. Holmes In direct examination stressed the existence of deep ditches on the national highway at the approaches to three creeks 'Tern to Paye Thirteen)

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The Indianapolis Times Fair and slightly warmer tonight with lowest temperature about 28 degrees; Wednesday increasing cloudines and warmer with probably ram in 1 ate afternoon.

VOLUME 42—NUMBER 259

Kirkland’s Life to Be in Hands of Jury by Night; Arlene’s Sister Collapses

Courtroom in Turmoil When Description of Opening of Slain Girl's Grave Causes Relative to Swoon. 11 y United Frets VALPARAISO, Ind., March I.—Mrs. Murrell Clemens shrieked, fainted and was carried from the courtroom today in a dramatic interruption of Virgil Kirkland’s trial on charges of murdering her sister, Arlene Draves. Edward Freund, Valparaiso attorney for the state, was denouncing the defense for causing Arlene’s body to be exhumed for a second autopsy, when Mrs. Clemens collapsed. “Oh, oh, my God,” Mrs. Clemens cried, and swooned. Her father, Charles Draves, and brother Kenneth, carried her from the courtroom, past the judge’s bench, r \ into an ante room, as the Jurors watched. Kirkland >afan Over Incident Kirkland, Immaculately attired, sat Immobile as Arlene’s other sisters, Elsie and Carolyn, burst into tears. His mother, Mrs. Elmer Kirkland, arose, but her husband pulled her back. Freund waited until Mrs. Clemens was out of the room, then continued his plea that Kirkland be convicted and sentenced to the electric chair. Other defense and prosecution counsel waited to make their closing arguments, expecting to submit Kirkland’s fate to the Jury tonight. A quiet, almost unnoticed member of the prosecution staff, before today, Freund held the attention of the packed courtroom by begging each of the Jurors by name to convict Kirkland. Freund, pacing before the Jury box, stepped before A. E. Upp, Valparaiso farmer, pointed a finger at him and said:

Addresses Each Juror "You were chosen for this jury because you are the father of married daughters and sympathetic by nature. ‘‘You have sat on two other juries which returned not guilty verdicts in murder cases, but you also were on a jury that sent a man to prison for life for taking a human life during a holdup. “I kno. r you will see Justice done.” Then I reund advanced along the jury box to .’ohn Tredy, a bachelor farmer, and talked to him. “I selected you,” said Freund, "because I know you loved your mother. You wouldn’t marry because you wouldn’t leave her.” To Elbert Anderson, another bachelor farmer, Freund said: “I have seen you at dances where others were drunk, but you never were.” Questions Love of Boy The other jurors Freund also addressed In turn. Four or five he told it was “unthinkable that you could have in your home such a party as this one at which Arlene Draves met her death.” Through it all, Kirkland sat with an unchangeable expression on his face, Intently ’’-tening, but without emotion. ■* Freund picked up from a table the undergarments Arlene wore the night she died. “Gentlemen, I am almost ashamed to show you this,” he said. “But I want you to see how the straps are torn. You can observe the ruthlessness with which Arlene was violated. “By his own admission that he

WEST-EAST MARK, ARMY ACE'S GOAL

MITCHELL FIELD, N. Y„ March 10.—Captain Ira Eaker, army flier who attempted a transcontinental speed flight from Los Angeles, was forced down at Marlon, Ky., today, according to advices received at this field. LONG BEACH. Cal., March 10.— After two attempts to leave the ground with his heavily-loaded plane had failed, Captain Ira Eaker, army filer, took off from the national guard airport here early today on a non-stop flight to New York. Captain Eaker hoped to break the transcontinental record of 12 hours 25 minutes 3 seconds, now held by Captain Frank M. Hawks.

VETERANS’ BONUS BRINGS HARVEST TIME TO SECOND-HAND AUTO DEALERS

BY ARCH STEINEL ‘‘/’TOME on bonus, baby needs shoes) Atta Phoebe; it’s a new boat for us.” . This a metaphorical “read ’em and weep” that pours daily into Indianapolis regional office of the United States veterans’ bureau as World war veterans cash in off their adjusted compensation certificates, and explain what they’re going to do with their money. And if the tales of woe bound up In the cry, ‘.‘Pay my loan first,” are to be believed, misery boulevard flows dally through the bureau’s office in the Test building. New paternity, fill the coal bin, stock the bread box, the bill collector, a wife’s appendix that’s

The State Says:* “This young hoodlum is as guilty as if — yes, as if he had stabbed Arlene Draves with a knife, and he should pay the supreme penalty.” •if. if. if £ “By his own admission that he was intimate with this girl, Kirkland has knocked the props from his defense” The Defense Says: “It is apparent the girl died of an accidental fall, and that it would be an injustice to find this defendant guilty” ** * * “She knew what she was doing when she went to the party. No one forced her to drink. She fell while dazed, arid that fall was responsible for her death.”

was intimate with this girl, Kirkland has knocked the props from his defense.” Freund turned slowly to face Kirkland, shok a finger at the youth, and cried: “You can’t have loved her and done what you did!” Unconscious During Attack Kirkland gazed steadily back at the lawyer. “The bruises on Arlene’s body are just where these undergarments were torn.” Freund declared turning back to face the jury. “She couldn’t scream when she was violated. Gentlemen, she was unconscious. “The defense dug up her v ody and tore it to pieces again. To prove what?” Mrs. Clemens’ scream interrupted Freund. There was confusion in the courtroom and a murmur of voices while she was being borne outside. “And,” with a gesture, “he—Kirk-land-said that he loved her. "Gentlemen, he said that he loved her! Denies Prohibition Issue “The testimony of Dr. Harger (a defense witness) always will remain in my mind. He testified that Arlene was not poisoned. There has been no evidence that she was drunk because she wasn’t. She was knocked unconscious on the porch of the Thompson home, then taken to an automobile and ravished. “Prohibition is not an issue. Drunkenness doesn’t excuse this crime. “Gentlemen, the hearts of mothers over the nation are anxiously awaiting your decision. They are waiting to see if you will put a stamp of approval on this defendant’s act. Defense Blames Fall Wasn’t it possible that after Kirkland saw the condition of Arlene he induced the others to attack her to make his part appear less hideous?” Freund asked in his statement to the Jury. “Not a beast, a dog or a wolf would permit others to treat his mate as this boy allowed four men to treat Arlene Draves. He tells you he loved her and wished to make her his wif and helpmate. “Why did the defense not plead insanity? It would have been better. What excuse could you offer for a similar attack on your daughters if you turn loose this boy, or convict him of assault and battery?” Youth Scored by State Richard Oldham, Chicago criminal attorney and one of Kirkland’s lawyers, was to argue after Freund.

; Captain Eaker said he might stop at Dayton, 0., and would attempt to reach New York City in 10 hours. His tanks contained 418 gallons of fuel. Captain Eaker’s ship, a specially built Lockheed-Vega monoplane, had been given special tests in secrecy at San Diego during the last few weeks. Eaker is demonstrating for the army the feasibility of moving troops rapidly by air in this new type of transport ship. Ai hough almost every inch of space has been filled with gas tanks, their removal would permit the ship to carry several men half way across the country without stopping, it was pointed out.

Just got to be taken out, a.e the myriad excuses for payment. St M * IN turn, the money actually is going into the pockets of auto salesmen, doctors, investment companies, installment washing machines and now and then, if suspicious wives are to be believed. the “bonus” fades away with the “rolling bones.” Some requests for quick action on loan payments are worthy. Some are merely trying to nudge another out of line as they’d do waiting to buy circus tickets. Take one fellow with unkempt hair and a look of hunger, who came in today to see John H. Ale, regional manager of the bureau. He wa3 brought to the office by

INDIANAPOLIS, TUESDAY, MARCH 10, 1931

Barratt O’Hara, from whom a dramatic appeal for Kirkland’s freedom is expected, will follow Oldham, and Robert G. Estill, Lake county prosecutor, will close the case, arguing for the state. “This young hoodlum is as guilty of murder as if—yes, as If he had stabbed Arlene Draves with a knife; and he should pay the supreme penalty,” Prosecutor John Underwood said Monday. “It is apparent the girl died of an accidental fall and it would be an injustice to find this defendant guilty,” was Defense Attorney John Crumpacker’s answer. “She knew what she was doing when she went to this party,” he declared. “No one forced her to drink. She fell while dazed and that fall was responsible for her death." Summing up, Mr. Crumpacker averred the prosecution was placing a boy in jeopardy of. death under extremely thin evidence and gave it as his conviction that Kirkland was innocent. Demands Death Penalty Judge Grant Crumpacker, uncle of Kirkland’s attorney, allowed each side five hours for final pleas. Two of the six attorneys spoke Monday so it was certain the jury will receive the case by night and start deliberation of the testimony they have been hearing for more than two weeks. Underwood, in his opening argument, pictured Kirkland as plotting for days to attack Miss Draves at a drinking party at David Thompson’s home in Gary last Nov. 29. In demanding the death penalty, he charged that when the 17-year-old girl resisted and pleaded to be taken home, Kirkland knocked her unconscious with his fist, attacked her, then invited four companions to do likewise.

Youth Is Defended For the defense, Attorney Crumpacker opened with a plea that Kirkland had loved the girl, that they had become drunk together and that her death was accidental. He expressed a belief that Kirkland had been “framed” as a "sacrifice” to reformers. Kirkland, who had appeared confident before, frowned and was downcast as Underwood drew the sordid picture of a “young hoodlum answering his sweetheart’s plea to be taken home by slugging her.” Underwood stressed the evidence that Miss Draves was a healthy girl when she left home to attend the party, that she was with Kirkland all evening and until 3 the following morning, when Kirkland fled after taking her bruised body to a doctor who informed him she was dead. Uproar in Courtroom The prosecutor attacked the evidence of medical experts who testified for the defensed and referred to one of them, Dr. Joseph B. Springer as an “old reprobate.” Crumpacker replied by declaring he would leave it to the Jury to decide whether Springer or Underwood ’’was the reprobate.” The remark created an uproar in the courtroom and Judge Crumpacker ordered it stricken from the records. Hoover Accepts Invitation By United Press WASHINGTON, March 10.—President Hoover today accepted an invitation to attend the spring banquet of the Gridiron Club to be held iere April 11.

an assistant of Ale’s and told his story. “We're out of coal. The wife and kids need food. This 1s all I got to get it with, for there’s no Job,” he said, as he shoved the pink slip of a former loan on his certificate as identification for the new one. “We rushed him through,” explained Ale, “but thsre are others who say they’re needy and aren’t.” m m m AND Lincoln 7578 is buzzed to death by other pleas besides “information on the loans” for the henpecker of husbands usurps the line at times with, “Don’t you let my husband have that money. He won’t bring it home. He’ll just drink it up.” She's th- dame that, goes

ITS ALL OVER! NO, THAN A BUSTED HOPE Dreary, Weary, Bleary, the Noble Lawmakers Just Won't Go to Rest. ONE NIGHT OF DELIRIUM Jazz, Razz, Din and Some Little Gin and That’s the Windup. A handful of bleary-eyed state senators and representatives straggled into Indiana’s legislative halls at 11 this morning to make the perfunctory motions of bringing the seventy-seventh general assembly to adjournment, sine die. But it didn’t happen as per schedule. It hasn’t happened yet. When it does —well, when it does? The clocks in the two houses, however, ringing out the time for adjournment, failed to disturb the slumber of the majority of Indiana’s lawmakers, who tumbled into their beds at 8 this morning after an allnight delirium of politics, debates, motions and monotonous roll calls. For dawn seemingly had found the legislative deadlock no less tight than it had been all night. They Grow Weary

Dawn came without disturbance to the few who had found sleep in their leather chairs, feet propped on their desks, but rather annoyed those who milled around the rostrums of two obdurate presiding officers. For legislative clocks were not running to mark the breaking of anew day. It was, theoretically, still March 9—last day of the leg- ’ Mature. Lawmakers’ wtyes, who so proudly had taken their seats Monday night to watch their husbands match oratorical and persuasive powers, leaned wearily against the rails as broad daylight flooded the high-ceilinged chambers. They were tired of the arguments. Looks of admiration had turned to those of tolerant compassion. ”How do men get that way?” Soubrette on Job Monday night had started merrily enough. In the house practical jokers staged their antics; a band blared from the balcony; a Negro quartet “harmonized,” and a comely soubrette tripped down the aisles, where pages were wont to scamper, chucking grizzly solons under the chin while their colleagues roared. But intermissions in the merriment became longer as bill after bill was sent to enrolling rooms, where typists, out of the fun, Crushed sleep from their eyes and banged the keys unceasingly. Smoke from innumerable cigars and pipes befogged the atmosphere. Crowds of the curious squeezed nearer the rail, shifted from foot to foot and looked to new and frequent angry outburst* from impatient legislators for rtlief from the strain. From the senate rostrum Lieuten-ant-Governor Edgar D. Bush made it clear he was in no hurry tj act on reapportionment.

Lots of Time From his perch across the hall, Speaker Walter Myers made it equally clear he still had lots of time in which to act on the biennial budget bill. Threats of bolting were to no avail. Then, finally, a break came in the senate. But it was no fault of Bush. Just as dawn was breaking and the jazzy strains came from a piano across the lobby in the house, Senator French Clements (Rep., Vanderburgh) precipitated the long drawn-out fight for concurrence in the conference committee’s report on reapportionment, adopted three hours before by the house. Clements asked unanimous consent to introduce a measure providing for the election of twelve congressmen-at-large. Although there was a chorus of “noes,” Bush permitted the bill to be introduced. Another Wait Starts But that was as far as it got. The senate voted, 24 to 19, against suspending the rules to place the bill on second reading and assent of thirty-four senators was required. Bush settled in his chair for another long wait. Senators sprawled oqt at their desks or milled about to keep awake. Their nerves were getting on edge. From across the hall came the tinkling of the piano and then the chorus of “Sweet Adeline,” sung lustily, but not sweetly, by the representatives. Senator Chester Perkins (Dem., St. Joseph) renewed his attempt to get the senate to concur in the conference report, and Bush shook his (Turn to Page Thirteen)

through fiis pockets nightly searching for stray dimes and stray hairs of other women on his co c collar,” explains one of the gentler sex in the bureau’s office. But Uncle Sam protects the men of 1931 and once the “boys of 17,” by answering dictating wives and nosey ones with, "We can’t give out any information on whether your husband has applied tor a loan.” One Negro woman who called the bureau was hot around the collar. "That Sam is going to get his bonus. If you give it to him he’ll Just go right down to Petey’s place and roll dem bones. Then where will I be? That bonus will just roll away,” she yelled irately.

NEW TANGLE OVER BILLS HALTS ADJOURNING, WITH LEGISLATURE IN UPROAR

Special Session Threat Is Revived in Clasn Over Law's Validity. ' INCOME TAX BIG iSSUE Myers’ Signature as of March 10 Stirs Ed Bush to Reprisal Attempt. The Indiana general assembly adjourned, sine die, at 1:50 p. m. Anew tangle that carried threats of all bills signed since midnight being invalidated, and necessity for a special session of the Indiana legislature, blocked activities in house and senate this afternoon as leaders of both houses bickered over procedure. Suspecting that Speaker Walter Myers’ act in writing a statement into the personal income tax bill declaring that it was signed on March 10, will have the effect of destroying the measure, Lieutenant Governor Edgar D. Bush served notice on Governor Harry G. Leslie that he will pursue a similar course in regard to the budget and reapportionment bills. "I am not going vo be left high and dry on the date of signature,” Bush asserted. “All these bills actually were signed on March 10, and I am going to make affidavit to that effect.” Myers Doubtful of Validity Myers previously had indicated he was dubious over legality of the personal income tax bill. He had signed it in the presence of the two house floor leaders and the principal clerk. ' . 1 Such action of Bush might have the effect of invalidating all bills thus signed, necessitating a special session of the legislature. ■ The Constitution forbids the signing of bills after the sixty-first day of the general assembly. Asa result of the dispute, adjournment, sine die,.of the legislature was delayed. It had been expected that adjournment would be effected at 11 a. m. Signed by Bush Myers’ decision to sign the measure, the focal point of a bitter fight with the senate since passage by the house, came after a sleepless night and hurried conferences this morning with Representative Earl Crawford, Democratic caucus chairman; Representative Delph L. McKesson, Democratic floor leader, and

PLANE DIVES; 3 DIE Two Others Severely Hurt in Oklahoma Crash. By United Press MOUNDS, Okla., March 10.—An airplane crashed a mile and a half south of here today, killing three persons and severely injuring two others. The dead were identified as David Reed, 19, Mounds; Mrs. J. T. Reed, 53, and a youth named CaseyrThe injured are: J. R. Hayes, Weewoka, pilot, and J. T. Reed Jr., 15. YOUTH, 15, CHARGED WITH KNIFE HOLDUPS Irvin Barton’s Alleged Confession Said to Clear Up Robberies. Numerous recent holdups of boys by a youthful knife-wielder today were believed solved with arrest of Irvin Burton, 15, of 1245 East Minnesota street, who police say has admired more than fifteen holdups. The youth was captured by Mounted Policeman Fred W. Titus at Washington and Pennsylvania streets Monday, Titus recognizing the youth from a description in a police bulletin. Burton, who is said by police to have served seventeen months in a correctional institution, was carrying a watch taken from a schoolboy when arrested, officers said. Hourly Temperatures 6a. m 22 10 a. m 27 7 a. m 22 11 a. m 30 Ba. m..... 25 12 (noon).. 29 9 a. m.... 25 1 p. m 31

SALESMEN of second-hand autos are harvesting on the green vouchers mailed out of the Test building. One city salesmen is authentically reported to have sold 100 autos to veterans in exchange for an indorsement of the green slip over to him. A brave canvasser for sales even went so far as to request the regional bureau to give him a “sucker” list so he could work with more rapidity. He was turned down like a pancake. Canny veterans are known in eight or ten cases immediately to have deposited their loan mcoey with a firm in the city that 8 per cent interest on money. “And tliose veterans will collect

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Walter Myers, Speaker of the house, and Lieutenant Governor Edgar Bush, storm centers in the wild 1 tangle which is marking the windup of the , 1931 legislative session. Top picture is Myers.

R. Sari Peters, Democratic state chairman. Transmitted to the senate, the bill v/as signed promptly by Lieut. Gov. Edgar D-. Bush, who expressed hope that the measure would become a law. It then went to the Governor’s office. A stormy all-night session was brought to an end with a recess at 7:30 this morning. In a written statement, Myers practically accused, the senate of illegal tactics in its disposal of the bill, by referring repeatedly to “the pretended actions” of the upper house. These actions of the sen-

Slip-Up City Doesn’t Hire Cops to Play Trombones at Dances.

STRAINS of “Ten Cents a Dance” will not float from the “slip horn” of patrolman Leroy Bartlett at 10-cent dances in community houses, at least while Bartlett is supposed to be chasing burglars, holdup men and murderers, safety board members decided today. Board members angrily rejected request of Miss Julia Landers of the city recreation department, that Bartlett be released from his official duties on nights when such dances are held in order to play his slide trombone. There's plenty of other work for policemen to do in these days when the town is rim over by bandits, murderers and robbers,” Donald S. Morris, board member, said. “Besides, there are plenty of good musicians who need employment.” DIES WHILE LUNCHING Heart Attack Is Fatal to New Albany Man on Visit Hete. Lunching with his wife in a restaurant at 2113 West Washington street today, Omar Brown, 52, New Albany, toppled from his chair and died within a few minutes. Coroner Fred Vehling said Mr. Brown suffered a heart attack.

the difference in interest for their government loan is but 414 per cent,” explained a bureau official. Anxiety over loan payments is not confined to the poor und helpless. “Men you’d never think would need money, doctors and lawyers, call up and want to know when they'll get pal/1,” a bureau officer said. * m m SICKNESS and joblessness are the mine-run excuses for speedy payment. Without benefit of “alibi” for quick payment a veteran can expect his check within three week'; after application. "We’re working day and night shifts,” says Ale.

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All Measures Which Were Signed M^night May Be Shelved. # BATTLE THROUGH NIGHT Clashes Are Frequent as Lawmakers Attempt to Finish Work. ate grew cut of the inability of a conference committee from both houses to agree on the bill's provisions. Following the procedure, always observed before adjournment, sine die, Speaker Myers sent a committee, Representatives Elam Y. Guernsey (Rep., Lawrence) and Ned H. Phelps (Dem., Howard) to the Governor to inquire if he had any message for the house. His only words were: “To the members of the seventyseventh generaly assembly—let us pray.” This assumes unusual significance in view of Bush’s statement. Representatives H. H. Evans (Rep., Henry) and Virgil Simmons (Dem., Wells and Adams), and Senators Alonzo Lindley <Rep., Vermilion, Fountain and Warren) and Anderson Ketchum (Dem., Bartholomew, Decatur, Franklin and Union) haggled for hours over the disputed provisions, with only the two senators signing a committee report recommending the senate recede from its amendments, so that the bill might pass the house In the form in which it reached the senate. Since the conference committee report was worthless when signed by only two members, Senator Lindley moved—not as a conferee—that the senate amendments be eliminated. The motion carried. Myers Gives Statement In reference to the resultant actions, Myers charged in his prepared statement: “After the conferees had met and failed to agree, and without any conferee from the house having signed any conference report, by a procedure unknown to the undersigned, a record was made in the senate pretending to show that the senate receded from its amendments made prior to third reading of said bill, and pretending to pass the bill after pretending to recede from such amendment. • • “Without possession of the bill and without a conference report signed by all members concerning the bill, the senate made a record pretending to change and pass the bill without the amendments theretofore made by the senate, although a bill once passed on third reading can not be changed or altered under the rules of the house or senate except by a report of a conference committee and the adoption of the report.”

No Notification Given Myers’ statement continued to assert that Senators Lindley and Ketchum appeared on the floor of the house while the house was in recess and verbally informed him of the senate action and gave him a written statement. At no time, Myere’ statement charged, has the clerk of the senate notified the house of any recession from the amendments. The alleged recession of the senate from its amendments left the exemptions at $1,500 for single persons, $3,500 for heads of families and S4OO allowance for each dependent. One Per Cent for First SI,OOO Rates, after exemptions are deducted, are 1 per cent for the first SI,OOO of net income, 2 per cent for the second SI,OOO, 3 per cent for the third SI,OOO, 4 per cent for the fourth SI,OOO, 5 per cent for the fifth SI,OOO and 6 per cent for all net incomes over $5,000. A final spike was driven into the corporate income tax bill when the motion of Senator William V. Doogs (Dem., Dubois, Perry and Spencer), to reconsider the vote bv which the bill failed to pass March 7 was tabled, on motion of Senator Holmes. BOYS HURL ‘FUNNY PIPES’;JUST DYNAMITE Stolen High Explosives Found in Hands of Four Lads. By United Press ST. PAUL, Minn., March 10.—One hundred siteks of dynamite disappeared Monday night from the St. Catherine’s college storehouse. At about the same time small boys of the neighborhood discovered anew source of fun and began throwing “funny-looking pipes” at trees, on sidewalks and into vacant lots. A. R. Rowan, storehouse employe, shut his eyes, put fingers in his cars, called the police and waited apprehensively. The police rounded up four boys, the oldest 11, and four of the "funny-looing pipes,” which were sticks of dynamite, then waited until morning and resumed the search for the other ninety-six stinks. Nothing has happened— ho far. OLD-TIME ACTOR DFAD Played at Ford'* Theater on Night Lincoln Was Shot By United Press PHILADELPHIA. March 10.— Charles Francis Byrne, 86, one of the actors who was playing in the cast of “Our American Cousin” in Ford’s theater, Washington, the night Abraham Lincoln was shot, died rz re *oday at the home of his son. Charles Tompson Bvrne.