Indianapolis Times, Volume 43, Number 14, Indianapolis, Marion County, 27 May 1931 — Page 11

Second Section

BOYHOOD CHUM SENTENCED BY JUDGE BAKER Lx-2\, Councilman Found Guilty of $6,000 Fraud: 1 to 7 Years. HITS AT DISHONESTY Jurist Declares Business Men Must Pay, as Well as Poor Offender. Dishonesty—whether it ticks cross the tape in the form of big l.usiness or comes to light in the thefts of a lowly criminal—will not be tolerated in the eyes of justice,

Judge Frank P. Baker ruled today in criminal court. This was the reason Judge Baker sentenced Theodore Bernd, a boyhood chum, Indianapolis business man and excity councilman to serve one to seven years in the state prison and pay a SIOO fine for false pretense this morning. Bernd, secre-tary-treasurer of Bernd Brothers’

Bernd

Company, body builders, 109-115 West Morris street, pleaded guilty to selling $6,000 worth of fictitious bills to the Columbia Securities Company to save his company from bankruptcy. Honesty Is Demanded “We must have business con- i ducted honestly in this community,” Judge Baker announced, as he regretfully pronounced sentence on his friend and acquaintance for twenty years. “I don’t care whether it is high finance or low finance, the ordinary man who is dishonest pays the penalty and thus must the big business man,” the judge stated. “I wish this thing had not come before me,” Judge Baker told Bernd, “but I can’t let you go free j when I think that other folks pressed in business might, perhaps, take the same course.” Deplores False Pretenses Albert Stump, attorney, appeared in behalf of the defendant, who was indicted specifically for pretending he had repaired and painted a truck belonging to the Schakel Transfer Company. A bill of S7O on this lob was turned over to the Columbia Securities Company for collection along with many others, it is alleged. Deploring false representation in big business, Judge- Baker sympathetically said: ‘‘Where people are broke and business is pressed, temptations are great . . . and the law Is the only thing that deters people from dishonesty.” “Therefore, my friend, for whom j my own uncle once worked, must pay the penalty.”

PHARMACIST SOLVES CASH DRAWER THEFTS Novel Series of Mirrors ‘Shows l T p' Store Porter; Arrested. By Times Special AKRON, 0., May 27.—Frank W. Kinsinger, pharmacist, turned detective and solved a series of cashregister thefts. Placing a series of mirrors on counters and walls, he made it possible to watch the money drawer from all parts of the store, even I when his back was turned. Several hours later he saw the 1 store's porter slip a handful of coins out of the money drawer. The porter was arrested.

VERDICT TO BLIND MAN Jury Takes-Only 15 Minutes to Vote $5,500 for Auto Injuries. It required a superior court jury only fifteen minutes to award $5,500 damages to Ernest Dunn, a blind man. 655 Eugene street, in court two Tuesday afternoon. The damages were awarded because of injuries received by Dunn when: struck, Jan. 21, 1929, by an automobile driven by Michael Sablosky. Dunn's wife, also blind, previously won a $4,250 judgment against Sablosky. Arrest Followed Marriage Hit Times Special ANDERSON, Ind.. May 27.—Mrs. Wilma Shetterly filed suit for divorce from James W. Shetterly, alleging that a few hours following their marriage Aug. 1, 1930, her husband was arrested on a charge of stealing a wagon load of hogs and was sentenced to a year’s imprison- j ment.

A New Tarzan Tarzan of the Apes! The Return of Tarzan! ITie Beasts of Tarzan! The Son of Tarzan! Tarzan and the Jewels of Opar! Tarzan and the Lost Empire! Tarzan and the Golden Lion! AND NOW— The New Tarzan Picture Story TARZAN, LORD OF THEJUNGLE BY Edgar Rice Burroughs Drawings by Rex Maxon Beginning Monday In The Times

Pall Leased Wire Serrlc# of the United Press Association /-- - -

Saturday's Really When They Want That Flag

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Cummings and Quinn Have Twin Ambitions About Checkered Bunting. There are two young drivers at the Indianapolis Speedway who are nursing similar ambitions. Both have their eyes on the checkered flag, traditional emblem of victory. Bill Cummings, the star Indianapolis driver, and Francis Quinn of Los Angeles are the pair of youths, and Wild Bill is more famous for his feats during last year. Quinn, however, is famous all down the Pacific coast, and when he piloted his Tucker Tappet Ford Special, a Model A Ford, to a qualification speed of more than 111 miles an hour Monday, race drivers gasped. A Times photographer caught Wild Bill sneaking up on Seth Klein’s signal flags Monday and, trapped, Bill just grinned. “You know,” he said, “I’m giad Barney Oldfield is, going to be the starter. Last year in my first bigtime race at Langhorne, Barney was the flag waver. “I got that checkered flag first. Boy, I hope they wave this over me Saturday.” And then Bill sat on the pit wall while young Francis Quinn took his Ford and roared down the straightaways and around the turns at terrific speeds. Bill grinned at Francis. “Say,” he said, “that’s the hottest Ford I ever met.” And Frank just grinned back. He was thinking about the checkered flag, too. Bandits Take $l3O By Times Special VINCENNES, Ind., May 27.—L00t of $l3O was obtained by two young, unmasked bandits who held up the Western Union telegraph office here Tuesday afternooil. One of the bandits forced B. L. Hartley, manager of the office, to hand him the money.

I ORDER 'PLASTER' ON ARNOLD CAR 1930 Speedway Victor May Lose Machine. Possibility that Billy Arnold may not drive the fast Miller-Hariz Special with which he won last year's 500-mile Speedway race broke this afternoon as deputy sheriffs appeared to attach the car. With writ of attachment issued on a suit filed in superior court one ! today, they went to the Speedway | shorly after noon to attach two cars Harry Hartz has entered in the race this year. Suit was brought through Newberger, Simon & Davis, local attorneys, for Myron H. Wells, trustee in bankruptcy for G. F. Wolcott & Cos., Los Angeles brokers. The claim is for $6,355. The car ! Arnold drove is said to have cost ali most $30,000.

WILL TRIAL CLOSING Status of Brooks Document Near Decision. Court battle over the $209,000 estate of the late Bartholomew D. Brooks, Indianapolis business man,.probably will end late Thursday when decision will rest with a probate court jury. Attempts of charity organizations, plaintiffs in the case, to place rebuttal witnesses on the stand today, failed when the court upheld the objection of defense counsel that the complainants were attempting to introduce new evidence. The defense rested without calling for the testimony of Robert Hackney, former business associate of Mr. Brooks, who was named chief beneficiary in the document to which charity organizations declare : fraud was attached. U. S. JURY HEARS SUIT FOR $50,000 ON BOND Sullivan Bank Seeks to Collect From Surety Company. Trial before a federal court jury : of the suit of the Peoples National i Bank and Trust Company of Sul--1 livan, to collect a $50,000 surety j bend held on the bank, and the late Donald Maple, trust officer, 1 opened today. The bank is suing the London and i Lancashire Indemnity Company, holder of the bond. Bank’s attorneys declared that Maple, who committed suicide, had I been duped by Jesse Bollinger, an ! officer of the Shelbum bank, who now is serving a prison term for embezzlement. Bollmger was alleged to have parsed fraud’.lent notes to Maple who paid him cash. The surety company contends that activities of Bollinger, regardless of their reaction on the bank or Maple, would have no connection with the bond.

The Indianapolis Times

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Left—Bill -minings, star Indianapolis e driver, fondling the checkered flag, emblem of victory. Right—Francis Quinn, Pacific coast driver, who startled drivers and fans Monday by driving a Ford in the qualifications at 111 miles an hour.

ARSON PAIR TO LIFE Ohio Prison Fire Plotters Plead Their Guilt. By United Press COLUMBUS, 0., May 27.—Two convicts were sentenced to life imprisonment in Ohio penitentiary Tuesday for starting the 1930 Easter Monday fire in the same institution that, blotted out 322 lives. Clinton Grate, 31, and Hugh Gibbons, 36, pleaded guilty to second degree murder, thus bringing to an abrupt end Grate's trial on a first degree indictment, for which the state had asked the penalty of death. Gibbons was to have been tried later. The prosecution had just rested and the defense begun its case when reports circulated about that the original charges were to be modified in exchange for the two defendants’ pleas of guilty. State and defense council conferred lengthily after which Grate and later Gibbons w r ere brought before the bench, entered pleas of guilty to the modified charge and were sentenced by Judge Cecil J. Randall. Lack of evidence to show murder premenditation was ascribed by County Prosecutor Dan Moskins as promoting his action.

Miss Germany

She’s the 1931 model, too, this Miss Daisy D’Ora, above, who is also the Baroness Freiberg. Chosen at a recent beauty contest in Berlin, she will come to America to represent her country at the international beauty contest in Galveston, Texas. MURDER SCENeTiSIT LAID TO ATTORNEY Dave Clark Present at Double Slaying on West Coast. Is Charge. LOS ANGELES, May 27.—Attorj neys for the state announced today they had established definitely to their own satisfaction that Dave Clark, prominent young attorney, was present in Charles Crawford's office last Wednesday when Craw- ; ford and Herbert Spencer were shot ; to death. W. Joseph Ford, special prosei cutor appointed by Buron Fitts, dis- , trict attorney, to press murder charges against Clark, said that George Crawford, brother of the slain politician, gave him the information. i “He told me he was seated as a ! body guard in his brother's office when Clark appeared shortly after ! 2 p. m.,” Ford said. Church Going Opposed SHELBYVILLE, Ind., May 27. Alleging Roy B. Thompson upbraided her for attending church services, Mrs. Dora B. Thompson has filed suit for divorce, in which she asks custody of a son, 14, $5 weekly for his support and SSO to pay attorneys. The couple was married nineteen years ago. ■v- .jr ■ -

INDIANAPOLIS, WEDNESDAY, MAY 27, 1931

EIGHTH DEATH RECORDED IN LIQUORFIGHT Italian Added to Toll Exacted in Past Year at Gary. FALLS IN GUN BATTLE Young Negro in Custody Said to Have Resented Price Cutting Charge. By Times Special GARY, Ind., May 27. Charles Lamiella, 52, an Italian, is the eighth man to pay with his life in the past year as a result of clashes among contenders for a lion’s share of the liquor trade of this city. In connection with the slaying, police are holding Alfonso McCulley, 20. Negro, former employe of the slain man, and Mike Veltri, 20, the latter on a charge of being an accessory. Leadership Sought Police, revealing a statement by the young Negro, say it gives a word picture of the way the liquor business is conducted. McCulley surrendered to police, saying he and Lamiella engaged in a gun duel. Authorities declare Lamiella is one of the men who has been striving to gain ascendancy in the liquor business. McCulley first became Identified with the liquor racket when he was employed as deliveryman by Catherine, 18, daughter of Lamiella. In that work he became acquainted with buyers and soon was in business for himself. He and Lamiella had separate groups of customers, but entered into a working agreement that should either be short of liquor, the other would fill the order. Eventually this led to a quarrel, Lamiella accusing the youth of stealing some of his customers. Lily Sanicola, sister of Veltri, is among his former employes. She engaged him after her husband had received a ninety-day term, and she decided to continue operation of his liquor business. Price Cutting Charged While filling that place, McCulley succeeded in causing Jjamiella to lose customers and in retaliation, was accused of cutting priees. McCulley and Veltri went to the combined grocery and home of Lamiella to discuss matters. Veltri says that on the way, McCulley remarked that the Italian should be “bumped off.” Veltri waited outside. McCulley declares that as soon as he hailed the Italian, he fired but missed. The Negro then fired seven times, three of the bullets striking Lamiella, who lied shortly afterward in a hospital.

DRIVER CLAWS MOD TO LIVE Face Forced Down in Ditch When Car Turns Over. By Times Special CARBON, Ind., May 27.—George and Arthur Smith, brothers, are suffering from injuries received in an automobile accident which occurred while they were returning from a visit to the home of their brother Fred, and in which George scraped mud away from his face to prevent death by suffocation. Control of a roadster was lost by George and the car plunged from a highway and turned over in a muddy ditch. Both men were pinned beneath it and the back of the seat against George’s neck pressed him face downward in the mud. Madly digging with his hands, he succeeded in removing enough of the mud to permit him to breathe. A passing motorist saw the brothers’ plight and lifted the car sufficiently to free them.

AUTO INJURES CHILD i Boy, 8< Sustains Fracture of Both Legs When Struck. ; Playing in the street near his home Tuesday night, William Smith Jr.. 8 of 4% Spring street, was ttruck by an auto and suffered fractures of both legs. Everett Hurt, 22 of 306 North East street, was driver of the car. Other persons injured in auto crashes Tuesday, none of them seriously, were: James Kobal. 50. of 1434 Marlowe avenue; Mrs. Esther Gilmore. Necro. 827 Muskingum street: James Camoton. 21. of Lexington. Ind.. and Noble Coleson. 18. o l 842 Bioadway and Miss Leona Roberts. ] 19. of 705 East Tenth street.

UPHOLDS THE NAVY!

Sailors Stick Together in Fights

By United Press BOSTON, May 27.—Sailor George Haley of the U. S. S. Wainwright was escorting a girl friend across Boston common in the early-morning hours when a civilian bystander passed a “wisecrack.”. Sailor Haley stopped suddenly, glared at the loiterer, and asked for confirmation of what he thought he had heard. The civilian obligingly repeated the remark, and a fist fight ensued. No novice at the art of fisticuffs, Sailor Haley held his own temporarily. But when his adversary resorted to biting and kicking tactics, the gob found himself in a sorry plight. It was at this stage that> the crowd watching the battle heard a grinding of brakes and saw an ~T .

Tumbling's ‘Pie’ for These Co-Eds

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While the three “R’s” and their cousins are graduating hundreds in Indianapolis schools the art of doing a backward flip-flop, esthetic dance, or series of tumbles, will furnish degrees and diplomas to fifty students of the Normal ’ college of the American

Sh! Sherlock!! By United Press WASHINGTON, May 27. Under the Volstead act it is unlawful to sell bread and buttermilk. 'This statement is made in a ■ pamphlet of the League for Modification of the Volstead act. Beside a picture of a bottle of milk is printed a letter from S. L. Hilton, Washington druggist, who says he tested a sample of buttermilk and found it contained 1.632 per cent alcohol by volume. Under the Volstead act, the pamphlet contends, this is in excess of the statutory minimum of one-half of 1 per cent. The same druggist tested bread and found that in a macerated state it contains 2.28 per cent of alcohol by volume. “Now,’* the pamphlet says, “we know why we are so fond of bread."

Dormitories Burn in Prison Riot

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Pictured above are the ruins of two of four dormitories burned by rioting prisoners on the Illinois state penal farm at Vandalia, 111., during what appears to have been an escape plot. None of the fOO prisoners escaped, although four were wounded slightly by buckshot as they sought to climb a fence.

expensive coupe stop at a nearby curb. From the car hopped a middlesized fellow wearing a blue uniform and a cap resplendent with gold lace. He rushed to the scene and addressed Sailor Haley. "What’s up? Can I help you, Boy?” * Sailor Haley stopped fighting and stared at the stranger with astonishment. He said nothing but took his girl friend by the arm and hurried away. His opponent likewise vanished. Patrolman James V. Stanton, arriving on the scene a few moments later, recognized the mediator as his old friend, RearAdmiral Richard. E, Byrd “I stepped in to see that the navy didn’t take a licking,” the explorer smilingly explained.

Gymnastic Union, Thursday night at the Athenaeum. Exhibition work which won them degrees and diplomas will be demonstrated in the afternoon at 2:30 at the Athenaeum. Top Left Photo—Degrees were never in the balance as are these three. Top Right Miss Regina

WARNING SIGN PAINTER HURT I * Struck by Auto as He Starts 'S’ for 'Slow.’ By Times Special HAMMOND, Ind., May 27. Voyle E. Trippeer, 41, painter, had just started the “S" in “Slow" on a traffic sign when he was struck by an automobile, receiving severe injuries. The driver, Barney Trceziek, 35, is awaiting trial on a charge of driving while drunk. Police say six red lanterns had j been placed in the street to warn motorists that a man was at work on the sign, but Trceziak did not heed them. The painter’s left shoulder and leg were broken and he received many bruises. His paint can was hurled many feet, and the spilled contests made a white streak a distance of a block.

DAWES IS OPTIMISTIC Ambassador to France Sees Business Recovery. By United Press NEW YORK, May 27. The change from mass pessimism over business conditions to a feeling of better times is about due, Charles G. Dawes, ambassador to the court of St. James, said today when he returned to the United States aboard the Bremen. He said the first indication of depressed times was shown in the decrease of electrical power energy, several months before the stock market crash of 1929. He said electric power consumption is beginning to improve slowly, but r just the same as in 1929, It will be months before this is indicated in stock prices. “Prosperity will return only slowly,'’ he said, “for business is an enormous machine" 4 .. .

Second Section

Entered as Second-Class Matter at Postofflce, Indlanatdlia

Horschke of Chicago, caught by the camera as she did a “shootsquat" vault. Lower Photo This shoulder stand of four misses is just as easy as baking a pie, reciting Greek literary passages, or doing an algebraic problem—if you know how.

Soft for Dog By Times Special MUNCIE, Ind., May 27. Frank Lafferty, former Muncie police official, probably will keep closer watch on his grandson in the future. The boy, 3, was at his grandparents’ home for dinner. Roast beef was on the menu. While the grandparents were both out of a room, the boy’s dog came in. The lad lifted a platter of beef from a table and gave it all to the dog before Lafferty and his wife reappeared.

PARKED CARS LOOTED Parked automobiles in the downtown district Tuesday nigljt were looted of luggage and clothes valued at $220. W. E. Mason, Remington, Ind., reported theft of $l5O worth of clothing. William Lydon, Cleveland, said wearing apparel and luggage valued at S7O was taken.

CITY MAN IS FREED IN FATAL HOLDUP TRIAL Judge Orders Acquittal of Haygood in Owen Crickmore Case. By United Press NOBLESVILLE, Ind., May 27.—A jury in Hamilton circuit court, acting on the instructions of Judge Fred E. Hines, returned a verdict of acquittal today in the trial of Gerald Haygood, Indianapolis, Haygood was charged with auto banditry in connection with the holdup of a filling station near here in which Owen Crickmore, attendant. was shot to death. The court sustained a motion of the defense for the instructed verdict because of lack of evidence to show that Haygood was at the scene of the crime. Robert Ingersoll and Floyd Strange are serving life imprisonment terms on charges of murder and Charles McCammon is awaiting trial in connection with the! slaying. *

PINCHOT WILL BRING CRUSADE TO CONVENTION Governors’ Effort to Keep Controversial Topics Out Is Thwarted. UTILITIES TO BE TARGET Keystone State Executive Changes Subject for His Address. Keeping the Governors' conference business program free from controversial topics may be a difficult task, it appeared today. Governor Gifford Pinchot, Pennsylvania fire-brand, wired Governor Harry' G. Leslie today that he has a speech on utilities which he submitted to former Governor Cary A. Hardee of Florida, secretary of the conference, and released to the press to "hold for delivery.” Pinchot is scheduled for a talk on reforestation, according to the official program printed and delivered to the statehouse today. Members pf the executive committee, of which Governor Norman S. Case of man, purposely had omitted such subjects as utility control and unemployment problems. Teddy May Attend Another development of the day was the possibility that .Republicans may have a Roosevelt at the conference, as welt as the Democrats. . For Theodore Roosevelt, Governor of Porto 'Rico, is in Washington and Kis invitation to the conference was renewed by wire today from the office of Governor Harry G. Leslie. Previously he had announced from Porto Rico that he would be unable to attend, but it is thought that his being in Washingon may cause a change in his plans. If he accepts he will be the only Governor from United States possessions to attend, although Governors of Alaska and the Philippine islands were invited. Roosevelt Arrives Sunday Governor Franklin D. Roosevelt of New York will arrive with a large party at the French Lick Springs hotel Sunday. Secretary of State Frank Mayr Jr. has been assigned as sponsor for the party and the state Democracy is planning to make his visit somewhat of a political pow-wow. Another Governor among those mentioned as Democratic presidential timber will arrive in Indianapolis at 11 a. m. Saturday and attend the 500-mile race with other Governors as guests of Governor and Mrs. Leslie. He is Albert C. Richie of Maryland. His party will consist of six men. Married Governors are bringing | their wives and both men and worn- ! en guests. Seven Here Friday ; Seven Governors and their parI ties are to be on hand for the opening event Friday night, >a dinner at Highland Golf Club, followed by a I 1 cception at the Indiana Governor’s i mansion. They are Governors L. G. HardI man of Georgia, Harry W. Wood- : ring of Kansas, Henry S. Caulfield ; of Missouri, J. E. Erickson of Montana, George White of Ohio, I. C. Blackwood of South Carolina, and George H. Dern of Utah. All will be at the race Saturday and attend the dinner at the Co-/ lumbia Club Saturday night at which* Edward V. Rickenbacker, World war ace and president of the Speedwav will speak. Governors coming here will be taken to French Lick bv bus Sunday, stopping at the Home Lawn Sanatorium at Martinsville for lunch en route. Conference Opens Monday 1 I ~T hj e conference epens formally i Monday and continues through ! Wednesday. | Speeches are to be delivered in j morning and discussion of them • is °h the program during the aft- ! erncon. i Each Governor presiding at one of the sessions will be presented \vith a gavel made from the Constitutional Elm at Corydon, Ind. Tne tree is the one under the shade of which the Hoosier forefathers drafted the first Constitution for the state. Souvenir pregrams and a welcome poem by William Herschell vere received at the Governor’s office today. The programs contain photographs of both the Governor and Mrs. Leslie, with greetings. Mrs. Leslie will be in charge of the social affairs for the first ladies of the states represented. These Are Coming Governors coming to French Lick direct include Harvey Parnell of Arkansas, C. Douglass Buck of Delaware, Louis L. Emmerson of Illinois, Flem D. Sampson of Kentucky, William Tudor Gardiner of Maine, Wilburg M. Brucker of Michigan, Floyd B. Olson of Minnesota, John G. Winant of New Hampshire, Max Gardner of North Carolina, Stanley C. Wilson of Vermont, John Garland Pollard of Virginia, A. M. Clark of Wyoming (not certain) and Roosevelt,. Case and Pinchot. BLACK ROAD PROJECT Ruling Prevents Improvement of Avenues to City Airport. Proposed improvement of Tibh* avenue and ‘Teeder roads” to the new Municipal airport appeared blocked today, following a ruling that the county council made illegal appropriations at its last session when it provided $6,000 from 1931 funds. Harvey A. Grabill, county attorney, submitted the ruling to County Auditor Harry Dunn, stating “the council was without authority to appropriate funds not specifically requested by commissioners.”