Indianapolis Times, Volume 43, Number 6, Indianapolis, Marion County, 18 May 1931 — Page 1

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BARBER JAKE BN SPOT; MAY GIVE SELF UP Alleged Swindler of Millions Marked for Gang Death. LEGS DIAMOND IS FOE Factor Refused to Divide Prnfits of Europe DeJs, Say Officers. Pj] / United Pfess CHICAGO, May 18.—Authorities accepted today the terms of surrender fixed by John Factor. Factor probably would’ be admitted to bond if he has money enough, Victor La Hue and Lloyd Moody, assistant district attorneys announced in accepting Factors offer to give up. By United Press CHICAGO. May 18. Reports that gangs in at least three cities were hunting John (Jake the Barber) Factor to kidnap or kill him spurred police of two continents on today in their search for the former hair cutter, whom they accused of taking trillions of dollars through sale of fraudulent oil and mining stocks. Federal and city detectives who raided Factor’s fourteen-room apartment last Friday only a few minutes after he was reported to have left it, admitted they believed he might surrender and face swindling charges in England rather j than chance being killed by Jack j fLegs) Diamond of New York or kidnaped by a midwestern gang. The police said they believed that Diamond and Factor, once friends, j had been playing a deadly game of j hide and seek for months and try- j ing to toy each other with bullets.; Factor, it is said, refused to di- j vide with Diamond the millions he' made in England after fleeing to that country with a forged passport furnished him by the New York gangster. Helped by Legs Diamond The officers pointed out that j shortly after Diamond went to i Europe last year, presumably in j search of Factor, he was shot five ; times. Three weeks ago Diamond ; was shot again and almost killed. It was known that after Factor was indicted in Florida on- charges of selling approximately $1,000,(100 worth of “ocean land,” he secured j the aid cf Diamond in fleeing to Europe. Officers understood there was an agreement that in England the smooth talking ex-barber was to Operate a huge swindle and divide the profits with Diamond. They say he was so successful he snubbed Diamond and that the feud developed. Coupled with this were reports that gangs in New York, St. Louis and Chicago had been hunting Factor for weeks to kidnap him, knowing that he made millions in Europe and could pay huge ransom, yet could not appeal to police for protection because the police wanted him also. Once Escaped Kidnapers It was said that Factor and a companion, Arthur J. Green, were kidnaped in Atlantic City several years ago, but that Factm: talked his way to freedom by premises of ransom, which he never paid. The possibility that Factor might surrender was seen in advances made by his attorney, Arthur L. Schwartz, to the English and American detectives seeking him here under a complaint sworn out by Godfrey Haggard, British consul to Chicago. This complaint charged that Factor, with the aid of Green and others, sold more than $2,000,000 worth of worthless stock in England, promoting the sales through a financial weekly paper which he published himself. There also have been reports that Factor won large amounts at gaming tables in Europe, including among his victims the prince of wales, who quit the game when he learned he was playing against “Jake the Barber.” Once Cut Hair in Chicago Factor's wife told officers when they raided the apartment that Factor was in Los Angeles. The detectives said they doubted this, but that English officials had been hunting him in that city for several weeks. “Jake the Barber” has been well known to police in Chicago for fifteen years, since he quit cutting hair on Halrted street at 15 cents a head and began dealing in oil and real estate. It was said he made upward of $5 000.000 during the Florida boom. Reports now are that he made more than. $12,000,000 while in Europe. It also was said that he made many influential friends on the continent and that when he learned last fall that Diamond was going to Europe after him he used these friends to prevent the Brooklyn gangster from landing. Diamond was returned to America as an undesirable person. PHILADELPHIA, May 18.—From a fashionable Germantown apartment Harry Geen was placed in a cell today on charges of assisting in duping several people, including the prince of Wales, in an oil swindle, according to authorities. Geen, who was arrested as he greeted his English wife, is said to have aided John Factor, described by police as chief of European swindlers in collecting nearly $7,000,000 in various rackets. Geen, it is said, struck up an acquaintance with the prince of Wales in Monte Carlo two vears ago, then maneuvered the prince into a position where Factor could cell him fake oil stock.

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The Indianapolis Times Partly cloudy and cooler tonight and Tuesday, with showers tonight.

VOLUME 43—NUMBER 6

‘CHAIN STORES’ TAX UPHELD BY SUPREME COURT

Rules Indiana's Revenue Raising Law Is Constitutional, Indiana’s "chain store tax law,” imposing a license tax on all the state's retail and wholesale merchants, graduated upward with the number of stores operated, was declared constitutional today by tne United States supreme court. The law, passed by the 1929 general assembly as the chief revenue raising measure of that session, never became effective because federal court for the southern Indiana district here, held the measure invalid in an appeal brought by Lafayette A. Jackson, operating a chain of 225 Standard groceries in Indianapolis. Revenues under the chain store law are expected to wipe out speedily the state’s $1,000,000 school aid deficit, one of Indiana’s most perplexing governmental problems. The United States supreme court’s decision, related in a United Press dispatch, makes the act effective as of July 1, 1929. It wall entail the payment of millions of dollars

MINERS STRIKE NEAR VINCENNES Picket Prevents Hundreds From Entering Shafts, By United Press VINCENNES, Ind., May 18.—Six hundred miners were prevented from going to work today in American No. 1 mine, west of Vincennes, by picket lines of protesting workers. Miners, going to the coal filed in autos, were stopped by the picketeers, which numbered approximately 500 men. Automobiles which failed to stop were stoned. Marion Head, Vincennes, suffered a scalp wound from a brick hurled through the windshield of his machine. No serious violence was reported, although feeling among miners in Knox county was tense. The American mine No. 1 is owned by the Knox Consolidated Coal Company which is in the hands of a receiver and has been operating on a federal court order. STOVE BURNS FATAL Vern Wilson, 25, Dies at Hospital of Injuries. Burns suffered in an explosion on April 24 at his home resulted in the death of Vern Wilson, 25, of 15 South Kitley avenue, Sunday night at city hospital. Mr. Wilson had attempted to start a fire believing he was using kerosene. Instead he had picked up a can of gasoline and the explosion resulted. MARY WON’T ACT WITH DOUG IN FILMS AGAIN “He Goes Too Fast for Me,” She Says; Denies Estrangement. By United Press SOUTHAMPTON, England, May 18.—Mary Pickford arrived on the Bremen today for a holiday in Europe and announced she never would appear again in a film with her husband, Douglas Fairbanks, who also is visiting England. She laughed at reports of an estrangement, however. Regarding her decision not to costar with Fairbanks again, she explained: “His pace is too much for me. He goes ninety miles an hour, whereas when I am at full soeed I only do 45.”

BANDIT IS SHOT DOWN BY CITY DRUG STORE CLERK

one bandit lay near death at the city hospital today and another, believed wounded, was sought by police after their holdup of the J. H. Taylor pharmacy, Twentyfirst and Illinois streets, ended dis- ; astrously Sunday night. George S. Wilson, 25, of 1432 Sturm avenue, pharmacist in the Taylor store, was hero of the skirmish when he opened fire on the bandits as they fled the store. The wounded highwayman, unidentified, was found at the curb of Twenty-first street, where he had been dropped by his companion who fled west on Twenty-first street in a small sedan. Wilson, and John Archer, 16, of 2934 North Capitol avenue, soda clerk, were alone in the store when the gunmen entered. Suspecting the duo, Wilson reached for his revolver, but the bandits had him covered. However, they failed to search for his revolver, leaving the store after the wounded gunman had scooped $25 in small change from tire cash register. Wilson pursued them and fired four shots from his automatic pistol, as they fled to the car. When the pistol jammed, he hurled it at the car. Wilson did not know 2ny of his bullets had taken effect until, che bandit car left the curb, zigzagging west on Twenty-first street, leaving the gunman lying on the curb. The bullet penetrated the unidentified bandit's brain He is not expected to live many hours.

of license fees by Hoosier merchants. In the 1929 legislature and during litigation in federal court, estimates of the revenue which would be produced by the measure ranged from $500,000 to $1,000,000 annually.; It w-as estimated that from 40,000 to 50,000 stores would fall under its provisions. License Fees Listed License fees prescribed by the law are: “1. Upon one store, the annual license fee shall be $3 for each such store. “2. Upon two stores or more, but not to exceed five stores, the annual license fee shall be $lO for each such additional store. “3. Upon each store in excess of five, but not to exceed ten, the annual fee shall be sls for each additional store. “4. Upon each store in excess of ten, but not to exceed twenty, the annual fee shall be S2O for each such additional store. “5. Upon each store in excess of twenty the annual license fee shall be $25 for each such additional store.” $250,900 for School Aid From sums accruing under the act during the fiscal year ending Sept. 30, 1929, $250,000 must be transferred to the school relief fund in which a deficit of approximately $1,000,000 has accrued. For the fiscal year, ending Sept. 30, 1930, the sum to be transferred to the school relief fund is $550,000, and for the following j-ear, $500,000. Annually thereafter, $300,000 of the store license revenues are to go to the school relief fund. Revenues above those going to school relief will be paid into the state’s general fund and will be a factor in accomplishing some measure of state tax reduction. Collection is under the state tax commission, which prepared today to make plans for increasing the forces and installing necessary records to carry out the law’s provisions. Rendered by Three Judges Decision of the federal court here Jan. 31, 1930, which held the law unconstitutional, was rendered by a three*judge court of equity. Members of the court were Judges Will H. Sparks, Thomas W. Slick and Robert C. Baltzell. The phase of the tax law questioned by Jackson was the variation in its amount. The ruling resulted in another sharp dissent and a five to four decision in the United States court, as has twice happened before at this term in tax cases. Justices Van Devanter, Mcßeynolds, Butler and Sutherland held that the statutes should have been held invalid as “arbitrary.” Justice Roberts, in the majority opinion, said: “There seems to be some ground for making a distinction between chain and individual stores.” Dismisses Jackson’s Plea He dismissed Jackson’s plea that he paid many times the tax imposed by Indianapolis department stores with millions of dollars in assets by pointing out that the latter had eighty-four different departments of various goods, while the chain store was only one department doing business in various neighborhoods. “Tlie legislature may clarify if there is a reasonable base for classification,” Roberts said. Attorney-General James M. Ogden took an appeal to the highest court. There the case was argued by Joseph W. Hutchinson, George W. Hufsmith and V. Ed Funk, deputies attorney-general. Funk stated today that this is the first decision of its kind in the history of American jurisprudence. He pointed out that it will have a far reaching effect on the economic life of the country. Since the passage of the Indiana law numerous states have drafted bills based on the Indiana statute, he declared. Five or six similar appeals now are pending, but the Indiana case was the first ever to reach final decision.

Efforts of detectives and Bert Perrot, Bertillon expert of the police department, to take photos and fingerprints of the wounded gunman were abandoned this morning. His condition was so serious that police decided to wait until after his death to attempt identification from prints. He was well dressed, described as five feet nine inches tall, weighing 140 pounds, about 32, with black h3ir and dark complexion. Only identification clews are a pair of dark glasses in his pocket and a cleaner’s identification number, 2015. He has an upper gold tooth. Wilson had aided in the arrest of two Negro bandits in the store in March.

ARMY AIR ARMADA WILL ‘CONQUER’ CHICAGO TUESDAY

By United Press p'AIRFIELD AIR DEPOT, DAYton, 0., May 18.—The great fleet of planes composing the army's air defense will sweep down on Chicago Tuesday for imaginary conquest of che country's second largest city. With Brigadier-General Benjamin D. Foulois in command, the ‘'death-dealing" armada will move out in sections, with orders to concentrate at standby stations, preparatory to a concerted attack upon th£ Windy City.

INDIANAPOLIS, MONDAY, MAY 18, 1931

GERMANY AND AUSTRIA UNION PLANSHALTED Schober Stand Collapses After Britain’s Insistence on Suspending Move. TIES HANDS OF BERLIN Victory for Briand at Geneva; Action to Be Made Formal Tuesday. BY HENRY WOOD United Press StsS Correspondent GENEVA, May 18.—The proposed economic union of Germany and Austria temporarily was halted at the opening session of the league council today. Johann Schober, Austrian foreign minister, after a show of meek resister.ee, collapsed in the face of stubborn insistence by Arthur Henderson, British foreign secretary, that Austria suspend negotiations on the proposal. Schober agreed that the parleys with Germany would be halted until the council can act on a basis of an opinion by the Hague court of international relations, probably in September. It was construed as signifying that Austria accepted the council’s temporary injunction against conclusion of the customs union, and such action likewise tied the hands of Germany. Eriand Is Elated Aristide Briand, French foreign minister, hailed the French victory by congratulating Schober on his decision. “The oposition aroused in France by the German-Austrian protocol,” Briand said, “was due to fear of failure to observe international obligations; secondly, a weakening of Austria, and, thirdly, an economic alliance which might later become political on one of Europe’s most important frontiers. “It is useless for me to refer to what universally is recognized, namely, that economic and political independence are inseparable. Accept Proposed Plan “However, I admit that for th 6 moment, we are facing a juridical aspect. F accept Mr. Henderson’s proposed solution and congratulate Mr. Schober on his declaration that Austria will refrain from further negotiations until we act. After the juridical decision, we can take up the economic and political aspects.” Dino Grandi, Italian foreign minister, remarked that while Italy agrees with all means, even a customs union, for helping to remedy the economic crisis, such a union would not be a solution to Austria’s and Germany’s difficulties. Moreover, he added, it is net certain that it- would not be a violation of their international obligations. Also, it is impossible to declare, despite their protestations to the contrary, that it would not eventually have forcible political effects. Resolution Up Tuesday Julius Curtius, German foreign minister, who presided, retorted to the French charge that the union would cost Austria its independence by asserting that every state determines its own independence. He said reference of the legality of the customs union to The Hague would make superfluous an examination of whether it would disturb Europe’s economic stability, “the discussion of which here would be tantamount to treating Germany and Austria as inferior states.” The council adjourned until 10 a. m. Tuesday, ‘ when, after further debate, it is believed Henderson’s resolution .to refer the customs union to The Hague would be adopted unanimously. COOLER WEATHER IS FORECAST FOR TONIGHT Drop of 12 Degrees in Temperatures for City Foreseen. Drop of about 12 degrees in the temperature in the next twentyfour hours was forecast today by J. H. Armington, chief of the weather bureau, who said the cool weather will follow showers tonight. Precipitation conditions are moving eastward from northern Illinois today. Armington said he believed the condition would have moved east of Indianapolis by Tuesday. Record high temperature for the year was set Saturday afternoon between 1 and 4 when the mercury held 84 for the three hours. The highest Sunday was 74 and this had been equaled at 9 this morning. Hourly Temperatures 6a. m 66 10 a. m 76 7a. m,.... 68 11 a. m 76 8 a. m 71 * 12 (noon).. 78 9 a. m..... 74 1 p. m....„ 79

The “attack” will mark the second phase of the annual army air maneuvers, a gigantic aerial spectacle costing the government $3,000,000 and which will be climaxed later this week when the 672 participant planes are concentrated on the eastern seaboard. Thrilling maneuvers, “dog fighting” formation flying, speed tests and acrobatic flying by pursuit and attack groups, preliminary to the invasion of Chicago were completed today and most of the

Economic Peace With World, Is Plea of Soviet

Bu United Press GENEVA, May 18.—Maxim Litvinoff, Soviet foreign minister, caused a profound stir at the European federation commission meeting today by a speech in which he proposed an economic non-aggression pact between the Soviet union and the rest of the world, for peaceful coexistence of the Soviet and capitalistic systems. LET COUNTY CONTRACTS Three Roads, New Autos in Bids Awarded by Commissioners. Contracts for three county roads and for purchasing automobiles for county nurses-' were awarded today by county commissioners. Nine bids were received on the King road, Washington township, awarded J. R. Hiatt, total $2,808, and the Shelton and McConnell roads in Wayne township, awarded Albert Franke, total bids, $1,980.40 and $1,482.63, respectively. Two sedans were purchased from the A. W. Bowen Company with a bid of $683.84.

WAR HERO SLAIN BY FRENCH WIFE; • BEATING CHARGED

First American Wounded in World Conflict Shot to Death, By United Press NEW ORLEANS, La., May 13. Edgar Bouligny, hero of the Foreign Legion and the first American wounded in the World war, was killed at his home here today by his French wife. She told officers in broken English that Bouligny had whipped and slapped her. The shooting occurred in the Bauligny French quarter apartment shortly after Bouligny had finished dressing. Won Croix de Guerre Bouligny, winner of the croix de guerre, was a direct descendant of General Dominique De Bouligny, who led Napoleon’s troops in Louisiana. Immediately following the shooting, Mrs. Eauligny ran to the gallery of the apartment screaming- to neighbors: “I have killed my husband.” V’hiie his wife was on the gallery, Bouligny, a powerfully built man, pulled himself to his feet and trudged twenty-five feet down the hallway. He descended a winding stairway leading into the courtyard where he fell dead. Romance Began in War When police took the woman from the building she dropped on her knees beside the body and stroked his hair. She excitedly told in French of his war record. The couple met during the stirring days of the World war. The romance continued even when he returned to America, and in 1920, two years after his return, he went to France and they were married. They operated a small photograph studio in the French quarter here.

Not So Sweet

By Ur ted Press WASHINGTON, May 18—The corner drug stores’ nickel chocolate bar today solemnly was declared to be candy, in a decision by the nation’s highest court. The supreetn court fuond that congress in passing the excise tax law of 1918 meant that a tax of 5 per cent should be imposed on chocolate bars when it prescribed a tax of f> at amount for candy. The court’s mning on congressional intent is important to the extent of $8,000,000. Four leading chacolate companies, the Hershey, Klein, Wil-bur-Suchard and York concerns, were assessed that amoun in taxes for IS 18 on their product. BOARD WILL RECEIVE WIDENING, PAVING BIDS Sixteenth Street to Be Fixed From Delaware to Northwestern. Bids for widening and paving of Sixteenth street from Delaware to Illinois streets will be received by the works board V T ednesday. The board today conducted a hearing on widening and paving of Sixteenth between the alley west of Illinois street and Northwestern avenue. Formal confirmation was delayed, although a delegation which appeared present no objections. The street is to be widened and paved to a width of fifty-four feet from Delaware to Northwestern, with the exception of the half block west of Illinois, this section being held up pending legal action to condemn property.

ships were grounded to await the zero hour Tuesday. tt a a THE fleet will begin taking of? at 11 a. m. Tuesday, with Chicago thi-. center of activities for the next two days. A series of demonstrations similar to those held here, will be staged over Chicago with a divisional review climaxing the spectacle Wednesday. Late Wednesday the armada will wing back to Dayton and prepare for a similar movement on New York and the Haw

TWO ACCUSED YOUTHS BRAND KIRKLAND LEADER IN GIN DEATH ATTACKS

Blame Virgil

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Barton

Paul Barton and Henry Shirk who testified today against Virgil Kirkland in his trail for murder.

ESTATE TO PAY $79000 TAX London Fee May Lead to 'State Rate Cut. Arrangements for payment of $790,000 in inheritance taxes on the $8,000,000 estate of the late Mrs. Jessie Spalding Landon were being made today. This amount will comprise one of the largest tax collections paid in Marion county for several years. In fact, the estate tax is so large that it may bring a reduction in the state tax rate nex year and will boost the county’s collection to more than $1,000,000 this year, officials said. Samuel L. Montgomery, inheritance tax commissioner, now is preparing papers for execution of the tax payment, and Hugh McK Landon, vice-president of the Fletcher Trust Company, widower of Mrs. Landon and executor of the estate, said no effort will be made to oppose collection by the state. The estate is divided among Landon, two daughters and two nieces and institutions in Chicago, where Mrs. Landon lived before her marriage to Landon. GaS tax is upheld Ogden Rules State Law !s Constitutional. Constitutionality of the state gasoline tax law was affirmed in an opinion handed down today by At-torney-General James M. Ogden to Floyd Williamson, state auditor; Its legality had been contested by two gasoline dealers. The dealers contended that the 1929 amendment to the 1923 gas tax law was unconstitutional, because it neglected to say in the title that it was an amendment to. an amendment, not taking cognizance of the 1925 amendment. Ogden ruled that it is valid despite the failure to mention the previous amendment.

BANKER WILL SUPPORT BROOKS FRAUD CHARGES

Testimony that Bartholomew D. Br.ooks, Indianapolis business man, did not write a will bearing his signature, obtained shortly before his death, was presented today in the probate court fight over Brook’s $209,000 estate. This statement was made by Dr. Frank Hutchins, Indianapolis psychiatrist, appearing as expert witness for two charity organizations fighting to recover $200,000 left them by another will signed by Brocks, June 22, 1920. Further evidence of fraud in connection with the preparation and signing of the 1930 will is expected to be given this afternoon by an official of the Fletcher Company, administrator of the estate. The 1930 document left major portion of the estate to Robert Hackney, business aid of Brooks, and other friends and employes, not

England states beginning Thursday. Five hundred planes of the division representing every type of craft the army has aloft, went through a second massed review today, covering the area of Dayton, Springfield and Lewisburg, O. Thus far there have been no major accidents. Four ships were slightly damaged in landings on muddy fields, but none of their occupants was injured. The planes were quickly restored to service.

Entered as Second-Class Matter at Postoffiee. Indianapolis. Ind.

Paul Barton and Henry Shirk Waive Own Rights to Turn Witnesses for State; Only Adults Admitted to Courtroom. VIRGIL UNMOVED BY NEW STORIES Describe Ride on Which Girl Died; Charge That Defendant Jeered at Their Hesitating to Follow His Suggestions. By United Press VALPARAISO, Ind., May 18.—Two of the youths who attended the wine and alcohol revel where Arlene Draves. 18-year-old school girl, was fatally injured, waived their constitutional rights today, and turned state’s witnesses at the second trial of their co-defendant, Virgil Kirkland, who is charged with Arlene’s murder, and faces a mandatory death sentence if convicted again. Without reservation, Paul Barton, 21-year-old steel worker, and Henry Shirk, his married companion, admitted their actions at the party and accused Kirkland of leading the attacks which state medical experts declare led to the girl’s death. ( Crowds exceeding even those at the first trial, when Kirkland was convicted and sentenced to life imprisonment, only to be saved by a reversal, fought their way into Judge Grant Crumpacker’s courtroom, and milled around in the corridors. Only adults were admitted, but, even so, spectators had to stand. Kirkland listened to the accusation of Shirk and Barton with blanched face, but otherwise was without expression and almost indifferent as he stared at them. The young defendant sat with his father and mother, not far from Arlene’s father, Charles Draves, and her three brothers. Shirk testified he and his wife reached the David Thompson home on the rainy, chilly November night, while the party was at its height, and passed Kirkland and Arlene, oon a davenport, as he went into the kitchen, where liquor was being served.

Shirk

Shirk charged that Kirkland later invited him to go outside and into the automobile where Arlene was. He defined t£at, he refused Kirkland’s suggestion, but went outside as Leon Stanford was returning and saw Earl Elser at the machine. Elser withdrew, Shirk said, when his wife called from,the porch. Girl Unconscious in Car Shirk asserted that Kirkland was insistent and that he got into the automobile, but returned to the house a moment later. While in the automobile, Shirk said he became concerned over Arlene’s condition. Shirk quoted Kirkland as remarking, “There’s nothing wrong—she’s just passed out.” Later, on cross-examination, Shirk said he believed then that Arlene was “either drunk or dead —Kirkland said she was drunk, but I believe not that she was dead, because I’ve thought a lot about it in jail.” Barton’s story related what happened later during the night, when he said he and Thompson went out to the automobile, found Kirkland and Arlene inside, and drove after • sandwiches, stopping en route at Kirkland’s command. Barton declared that Thompson went into the rear seat with Arlene and said that he followed when Kirkland suggested it. Deny Immunity Promise Like Shirk, he denied attacking the girl. He charged that Kirkland told him, “Go ahead —don’t be a baby.” Both Shirk and Barton were insistent that they were testifying

naming the charity groups, the Indianapolis Homs for Aged Women and the Indianapolis chapter, American Red Cross. Opinion that Brooks was of unsound mind shortly before his death and that he would not have left the will in the hands of A. F. Zaney, attorney for Hackney, as was done, because the attorney was a stranger to Brooks, was given by Hutchins. Claims of twenty cousins to part of the estate were strengthened today by Wilbur E. Clark. Clayton, Del., a cousin, who from the witness stand told of frequent visits with Mr. Brooks and of friendly family relations that existed. Attorneys for the charity organizations expect to complete two weeks of testimony Tuesday when first witnesses for the defense will testify. The trial is expected to continue two more weeks.

FTRUBEE DAVISON, assistant . secretary of war for aviation, flew here from Washington today to inspect the assemblage. He was to address the fliers late in the day. ♦ The fliers will be feted at a civic banquet tonight, attended, among others, by Davison, David S. Ingalls, assistant secretary of the navy for aviation; Major-General James E. Fechet, chief of the air corps, and Orville Wright, one of aviation's pioneers, y

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voluntarily, despite their constitutional right to stand mute, and denied being offered any promises of immunity, light punishment or other consideration for aiding the state., ' , Barton was nervous. He looked only once at Kirkland, then kept his eyes averted from the defendant’s steady and expressionless stare. Under the questioning of Prosecutor John Underwood, he was launched into a story so sordid that all but adults were banned from the courtroom. Kirkland Was Drinking Barton said he drove to the party at the, David Thompson home with Richard Sturtridge, former De Pauw university athlete; Mrs. Sturtridge, Leon Stanford, another co-defend-ant, and Miss Josephine Dukas. Q—What did you do at the party? A—We drank, talked and danced. Q —What did you drink? A—Alcohol and wine. Q —Did Kirkland drink anything? A—Yes, several highballs of ginger ale and alcohol. Q —Did you see Babe <Miss Draves j drink? A—Yes, one water glass of wine and one highball. Barton testified he saw Kirkland and Miss Draves together in the rear seat cf his automobile around midnight when he accepted Thompson’s invitation to drive after sandwiches. Tells of Death Ride Q—Tell what happened. A—Dave Thompson came to me and said, ‘Let’s go for some hamburgers.' Kirkland, myself and Thompson went. Kirkland sat in the back with Arlene. He told me, ‘stop on a side street before you get. there.’ We stopped about ten minutes when Kirkland was intimate with Arlene. Q—Was her body exposed? A— Yes. She seemed to be unconscious. Barton said Arlene remained in the automobile while the boys were at ths lunchroom. When they returned to the Thompson home, the party broke up. Barton said he took Mr. and Mrs. Sturtridge and Miss Rukas home. He said Kirkland and Arlene, who had not left the machine, and Leon Stanford, another defendant, also were along. Q —What happened? A —We started to take Arlene home. She wouldn’t wake up. I felt her heart 2nd pulse. There was no action. We talked it over and decided to get a doctor. Drank Six Highballs Barton said he drove with Stanford and Thompson to two restaurants, then to Dr R. O Wharton’s residence. Q—What happened at the doctor s house? A—We brought her in and laid her on the sofa. Doc said she was dead. Kirkland said “let’s go get her coat.” Then we went out and drove away. Ronald Oldham, defense attorney, cross-examined him closely. Barton said he drank six highballs at the party. He *as unable to say whether Kirkland and Miss Draves were drunk. He said he had been employed by the Illinois Steel Company since he left high school four years ago. Safe Crackers’ Loot is 5285 Yeggs who entered a safe in offices of the Producers Oil Company at 1004 Massachusetts avenue, took $285, J. C. Carothers, 1953 North Dearborn street,-told police today.

Oatsids Marion County 3 Cent*