Indianapolis Times, Volume 43, Number 43, Indianapolis, Marion County, 30 June 1931 — Page 9

Second Section

LEBANON JURY TO OPEN PICNIC POISON INQUIRY Murder Indictments Are Expected as Result of Girls’ Deaths. MOTHER STAYS IN JAIL Woman Is Questioned by Private Detectives, Entering Case. BY ARCH STEINEL Tlmei Staff Correspondent LEBANON, Ind.. June 30.—Possibility of an indictment charging murder loomed in the picnic poison mystery of this city today as Circuit Judge John W. Hornaday ordered a special probe session of the grand jury. The Jury will be confronted with testimony of approximately fifty witnesses relating events that occurred at the reunion picnic of the Simmons-Pollard families and prior to and after the picnic. The grand jury, composed of five farmers and a lumber dealer, all of whom are married, will start its quiz at 9 Wednesday morning. Grand Jurors Named Grand jurors are: Dora Engledow, Charles Essex, Union township farmers; Lon W. Hampton, Jefferson township farmer; J. H. Jacques and Guy R. Neptune, Washington township farmers, and Roy Metzger, Lebanon lumber dealer. Mrs. Carrie Simmons, mother of the two dead girls who is held in the Boone county jail, declares in a signed statement that no one could have tampered with the sandwiches she prepared at the home near Greenfield without her seeing them. Theory that the poison was placed to the picnic or at the picnic grounds was advanced today by Harry Bendel and A. G. De Vore, private detectives, from Indianapolis, who said they had been retained in the case. Hints at Family Trouble They conferred with Mrs. Simmons and stated she indicated a religious prejudice had caused some altercation among members of the family. She said, according to the detectives, that the individual who had created the religious differences was at the picnic and has been mentioned prominently in the case. The detectives questioned Mrs. Simmons to determine if she recalled events before, during and after the reunion, they said. According to the detectives, she answered all questions. Although they claim they did not know who retained them in the investigation, the detectives said they will question Simmons at Greenfield later today. Bendel was road patrol chief under George Winkler, former sheriff. Verdict on Wednesday Verdict of Coroner G. A. Owsley as to the manner in which Alice Jean and Virginia Simmons met their deaths is to be given Wednesday. The coroner’s findings will be of the blanket variety placing the guilt of the crime on “person or persons unknown,” it is believed. The Simmons family has been of little material aid to Boone county authorities in solving the mystery, according to Prosecutor Ben Scifrcs. NEGROES FIGHT OVER WORK; BOTH FIRED Spent Most of Time Arguing About Loafing, Say Officials. Two Negro repairmen in the city traffic department, each of whom feared the other would do the least work, are no longer on the city pay roll. According to information presented the safety board today, William Johnson and James Jones attacked each other with crowbars recently when laying traffic markers along Meridian street. Officials said they spent more time arguing over who did the most work than they did at work. Following their discharge, the board named Joseph Lewis and William Bivins, Negroes, to carry on. NEED COPS ON BEATS Chief Morrissey Urges 22 Be Reduced to Second Grade Officers. Recommendation that twenty-two patrolmen be reduced to second gTade, was made today to the safety board by Police Chief Mike Morrissey. This will reduce the number of first grade officers to 132 and increase second grade patrolmen to 280. Changes in police districts in the city brought about need for more second grade officers to patrol beats, Morrissey told the board. Bride Alleges Beating By Times Special PERU. Ind.. June 30.—Mrs. Anna Pyeritz, 29, who became the bride of Theodore Pyeritz, 36, two months ago, is in a hospital suffering from injuries said to have been inflicted when he kicked her in the face. The husband is in jail awaiting trial.

Cheap Travel FT. WAYNE. Ind., June 30. —A 33,000-mile globe-trotting trip has been completed at a cost of less than S7OO by Harold Greinert, Ft. Wayne, and Paul Neipp, Cleveland, graduated this year from Concordia college here. They have Just returned from a trip which started July 26 last. Among the methods of earning transportation was peeling potatoes on an ocean liner. In Spain they traveled 750 miles on bicycles which they bought for sl4 each.

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Heat Break by Saturday Is Weather Bureau Hint By Seripps-H award Netespaper Alliance WASHINGTON, June 30.—Hot weather will continue over most of the United States for the next few days, but indications are that it will be much cooler over July 4 and for the week-end. Weather bureau officials, reluctant to forecast the weather for more than forty-eight hours in advance, declined an official prediction. But they have at hand information which indicates that the “not much change in temperature” forecast for most of the country today will give way to cooler weather by Saturday. Conditions generally are affected by the weather in Alaska and in far northwest Canada. Showers are indicated from that area in several days. When they arrive, they will modify the temperature throughout the northern Mississippi valley, Ohio valley and eastern states. Asa matter of fact, Alaska and northwest Canada have had what is warm weather for them the last few days, as has the United States. The official observation at Point Barrow, Alaska, Monday was 32 and at Mackenzie bay, on the Arctic sea, it was 46. While weather bureau officials, like most other citizens, find the temperature of the last few days unpleasant, they say it is “Just what is to be expected.”

MOONEY FI6HT TO BE RENEWED Lawyers Will Confer on Pardon Campaign. By United Press SAN FRANCISCO, June 30.—A new fight to win pardons for Thomas J. Mooney and Warren K. Billings, convicted in connection with the 1916 Preparedness day bombing outrage in San Francisco, will be planned soon at a conference of their attorneys, Cyrus B. King, Oakland lawyer, said today. King, associated with Frank P. Walsh of New York as counsel for Mooney and Billings, said Walsh will come to the Pacific coast soon. King said the Mooney defense committee and Walsh have not sought a meeting with Governor James Rolph Jr. of California, on the proposed new pardon applications. Because of a prior conviction, the state supreme court must rule on Billings’ pardon, whereas Governor Rolph has the power to free Mooney without recourse to a court recommendation. Rolph was mayor of San Francisco at the time of the bombing. ALIENS LEAVING U. S. IN CONTINUOUS STREAM Net Loss for First Five Months of Year Is 25,000. By Scrippa-H oward Newspaper Alliance WASHINGTON, June 30 For the first time in history more aliens are leaving this country than are entering it. The net loss for the first five months of the year was 25,000. Should the migration continue at its present rate the year’s total net loss will be 50,000, according to estimates of W. W. Husband, second assistant secretary of labor. The annual out-bound movement for years has been between 33 per cent and to 36 per cent of the number entering. During the war there were some months when more left than came, but never, says Husband, have the departures been so numerous and continued for such a length of time. And apparently there is no let up. FIREWORKS BANNED Morrissey Warns Against Use Before Saturday. Young boys—and old ones for that matter—with fireworks and little will power may find themselves in city prison or the juvenile detention home, Police Chief Michael Morrisey warned them today. Fireworks sale becomes legal Wednesday, but none may be fired in the city without special permit before Saturday, Chief Morrissey said. He ordered arrests of violators. Together with the police chief’s edict against premature celebration of July Fourth, came Fire Chief Harry E. Voshell’s plea for caution against fire and injury or death to celebrants. He pointed out annual heavy losses from fire originating from fireworks, and recounted hundreds of deaths each year from powder explosion and infection. DEMAND TRACK RULING Poultry Firm Asks Public Service Commission Be Made to Act. Suit to mandate the Indiana public service commission to authorize construction of a side track to the poultry establishment of Habig Brothers, 1960 South Meridian street, was filed by that firm Monday in superior court one. The suit asks the commission be required to rule on a petition demanding that the Indianapolis Union Railway be compelled to construct the track. The commission recently held it had no jurisdiction in the matter. peru rebelsarTloose Loyal Troops Ordered Southward to Quell Infantry Outbreak. By United Press LIMA, Peru, June 30.—Loyal government forces were hurrying southward today for Mollendo on their way to quell a revolt of the Fifteenth infantry at Cuzco. Strict censorship was ordered on all outgoing press messages. The government insisted the revolt had not spread further than to the Thirteenth infantry at Puno. Other reports said the Arequip garrison was being approached by the rebels in an effort to stir up the entire south against the central administration here. A detachment of 500 men was ordered south Monday, aboard the warship Almirante Grau. Sculptor to Speak By Times Special MUNCIE, Ind., June 30.—An address will be made at Ball State Teachers college here Tuesday evening, July 7, by Lorado Taft, noted sculptor, under auspices of the college lyceum committee.

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Sleeping Man Imprisoned by Melting Street By United Press AJ-ILWAUKEE, June 30.—Alphoqse Arco, 49, decided to follow doctors’ advice and rest during the heat of the day. ' A street was handiest, so he lay down there and went to sleep, while the mercury climbed to 100. Police awakened Arco. They told him to move on—but he couldn’t. As the tar paving melted, he had sunk slowly into it, then it had hardened and he stuck fast. It was necessary to dig up a big square of pavement, with Arco stuck to it. He was taken to a hospital for scientific removal from the slab. bub By United Press CHICAGO, June 30. When Joseph W. Kotva, 24, no longer could stand seeing children in his neighborhood suffer from the heat, he opened a fire plug and Invited them all to take a shower. Policeman Fred Sussbach arrested him, but in court Judge Alfred Erckson not only dismissed the case, but offered Kotva a public apology and told Sussbach he was going to have his suspended if he could. bub By United Press LOS ANGELES, June 30.—Raymond Brown, 8 months old, was placed in a bath tub to cool off. He drowned. Bum By United Press MADISON, Wis., June 30. Among the heat victims Monday was Nero, a 24-year-old lion who had been away from torrid Africa so long he couldn’t stand the 100degree Wisconsin temperature. By United Press LINCOLN, Neb., June 30.—Seven themometers on display in Lincoln show windows were broken Monday when heat rays shining directly upon them sent the mercury bursting through the tops. b u a By United Press SUPERIOR, Wis., June 30. While the rest of the country was roasting today, a freakish cool wave fanned Superior and kept the temperature below 65. B B B By United Press MINNEAPOLIS, June 30.—1 t got so hot here Monday that an ice house caught fire from spontaneous combustion. Both building and contents were destroyed. B B By United Press HAMMOND, Ind., June 30. Despite the heat, Peter Nichales’ dog obliged dry agents by leading them to a cache of liquor his master had buried against the time when the heat wave is broken. The dog, which Nichales said was “vicious,” not only led the agents to the liquor, but dug it up for theem while they sat in the shade. bum By United Press CHICAGO, June 30.—One hundred eighteen policemen who have been sitting in stations in the breeze of electric fans and drinking ice water went out on beats today by order of Chief John Alcock. “We need more patrolmen this weather ” Alcock said. SHORTS~WEARERS held Girls Say They Were Not Violating Bathing Suit Ordinance. By United Press NEW YORK, June 30.—When two young girls were arraigned in Coney Island court today on a charge of violating the city ordinance prohibiting wearing of bathing suits anywhere except on the beach, Magistrate George M. Curtis Jr. decided on a test. He would ask them to wear the things they denied were bathing suits, in a room adjoining the courtroom on Thursday, and invited reporters to help him decide whether they violated the law. Miss Estelle Katzen, 18, who was crowned “Miss America Sports” in a Coney Island beauty contest last year, and Miss Hannah Marcus, 17, a high school student, were arrested because they wore polo shirts and “shorts” on the boardwalk.

‘STUBBY’ IS SNUBBED AND THAT’S PAST FORGIVENESS

BY ARCH STEINEL Times Staff Correspondent T EBANON, Ind., June 30. Stubby has been snubbed and that’s the crime of crimes. For when you snub Stubby you’ve committed the faux pas, with a de luxe on the end of it. It doesn't make any difference what charge is against you as you reside in a cell block in the county jail here, your past, or your present, for you'll get an introduction to Stubby and then if you give him the "heel”—well, it just isn’t done. The snubbing of Stubby—and i

INDIANAPOLIS, TUESDAY, JUNE 30, 1931

JULY 15 SET FOR RAILWAY RATEHEARING Commerce Commission Will Hear Arguments for Tariff Boosts. DECISION AIDS LINES Revision of Charges, Taking . Effect Dec. 3, Will Hike Revenues. By United Press WASHINGTON, June 30.—Petition of the railroads for a 15 per cent freight rate increase was set today by the interstate commerce commission for hearing in midJuly. In addition to giving the carriers the opportunity quickly to present their claims, the commission acted in another case which is expected to result in net revenue increases which have been estimated as high as $70,000,000 annually. The second action was to Sit Dec. 3 as the effective date for revised freight rates in eastern and western trunk line territories. The new rates are the result of years of study and investigation. Revenue to Increase Principal effect of these revised tariffs, aside from changes in revenue of the roads, will be to reduce the cost of moving agricultural products. The shippers have estimated that these rates, which increase the tariffs on the higher classes and reduce them in the categories in which agricultural products are included, will give the roads an increased annual net revenue of $40,000,000 to $60,000,000 in the east and more than $10,000,000 in the west. The railroads have been unable to put these revisions into effect because of the enormous task of making the thousands of changes in schedules for individual commodities. A general increase such as the 15 per cent for which the roads have petitioned could be put into effect almost overnight. Start July 15 Beginning July 15, the commission will hold hearings on the 15 per cent case. Hearings are expected to continue at least through September, many in Washington, but some in other cities. Selected state railroads commissioners will sit with members of the federal commission in consideration of the petition. The interstate commerce commissioners presiding will be shifted from time to time to allow for vacation schedules which are being arranged not to interfere with the rate hearings. 10 YEARS TO BANDIT Confessed Robber Gets Long Prison Term. When William Mooy, 30, confessed today to robbery of a drug store, in which his pal, Charles Tolbert, was killed, he received a ten-year sentence in Indiana state prison from Criminal Judge Frank Baker. Mooy pleaded guilty to holding up the Taylor drug store, Twenty-first and Illinois streets, June 3. His partner was shot by George Wilson, clerk, who emptied his gun on the duo as they fled and afterward threw the pistol at them. A sister attempted to intervene for Mooy this morning to obtain his release from a charge of robbery and grand larceny. He was indicted for stealing $45 from the store's cash drawer. DENY ENVOY CHANGE French Embassy Officials Say Paul Claudet Won’t Be Moved. By United Press WASHINGTON, June 30.—French embassy officials today denied knowledge of any proposal that Count Charles De Chambrun might succeed Paul Claudet as French ambassador to the United States. State department officials said they had received no overtures suggesting such an appointment.

LAWYER AND WIFE ARE AT ODDS AGAIN

Isidor Wulfson, attorney, and his wife Anna are having their troubles these days. They were divorced last week, but Mrs. Wulfson kept on staying at her husband’s residence, 728 South Illinois street. Late Monday, Isidor filed an affidavit charging her with trespass, and police brought her to headquarters, where she told them her tale of woe. “I paid for the divorce at the courthouse, but Isidor won’t pay the

oh, by the way, Stubby is a collie pup belonging to Junior and De Lane Small, sons of Sheriff Wilbur Small—came when he was taken to visit the hospital cell of Mrs. Carrie Simmons, mother of the two girls who were poisoned to death at a Lebanon reunion picnic. * B B NOW to Junior and De Lane, old Stubby is the best of friends to play with around a Jail. He tags along when “we help mother feed the prisoners.” And De Lane, 3, has made a prisoner of Stubby by leading him

New Master and New Dog Now Rule Thundering Herd of Yellowstone

YELLOWSTONE PARK, Wyo., June 30. Yellowstone’s thundering herd of a thousand bison must feel strange today. Anew master, mounted on anew horse, manages their affairs; anew dog rims at their unruly heels. Bob Lacombe; Eagle, his horse, and Bingo, his dog, have retired.

For a dozen years Bob Lacombe, veteran of the saddle, held what is probably the most exacting, and often the most dangerous, herding job in the world chief buffalo keeper at the buffalo ranch up in the northeastern corner of Yellowstone National park. It was his task to manage the herd of bison that has grown up there during the last generation, from a nucleus of about thirty animals to numbers that

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—Science Service. Bob had a hard time telling Bingo good-by—but he came back and took him along after all.

is now difficult to hold below the thousand head that the range will support. The great beasts had to be handled much as cattle are handled, but the unruliest longhorns that ever roamed the Texas plains were as woolly lambs compared with the American bison. Bison are strong in proportion to their great bulk, but deceptively swift and quick on the turn. They are untamed and untamable; the stupidest and meekest-looking old bull may be a smoldering hill of madness, ready to break

AILING FIREMAN MAY LOSE JOG Voshell Seeks Excuse to Dismiss Wallace. Because his working calendar has been little more than the gamut of a medical dictionary from abscesses to zymosis, R. C. Wallace, city fireman, faces dismissal from the department on order of the safety board. Fire Chief Harry E. Voshell was instructed today to find some charge on which his discharge might be based. The board suggested neglect of duty, inefficiency and whatever else Chief Voshell could arrange. In his service since 1923 Wallace has been absent from duty 614 days, with an excuse list almost as long. Abscesses, ulcers, teeth extractions, injuries, boils, colds, dysentery, eczema and many other ailments are on his record. At present he is off duty, and last worked April 17, the board learned. The board ordered suspension of Marvin Owens, who was arrested on a drunkenness charge Monday night and could not report for duty with Pumper Company 18 today. DEAN NEW MANAGER OF NEA SERVICE, INC. Former Cincinnati Newspaper Man Wins Important Promotion. By United Press NEW YORK, June 30.—Fred S. Ferguson, president of NEA Service Inc., today announced the appointment of James W. Dean as general manager of that concern, Dean will assume charge of production and take general supervision over all departments. Herbert Walker, vice-president, succeeds Dean as business qjanager. Dean came up from the NEA ranks, joining that service in 1920 as member of the New York staff. His early newspaper training was on the Cincinnati Post. Walker’s newspaper experience was gained on the Atchison (Kan.) Globe and Kansas City Star. After several years with the United Press, in which time he became Washington manager of the U. P., Walker went to the NEA in 1930.

SSO for other proceedings,” she said. “He’s been choking me all the time and I’m going to have him arrested for assault and battery.” Police said Mrs. Wulfson exhibited black and blue marks or her throat which, she charged, were inflicted by her husband. But Isidor has his side of the story; “Money, money, money,” he wailed. “I give her $5 every other day and that isn't enough. All the time, it’s money.”

on a chain twice the length of Stubby’s Scotch size. “Course he’s just a play-like prisoner,” assures the boy. So, following the customary rites of a boydom spent around a county jail, De Lane and Junior tried to introduce Stubby to the “lady who's upstairs.” B B B BUT the lady—Mrs. Simmons —just ignored Stubby. She ignored De Lane and Junior, too. They didn’t mind that—but ignoring ' Stubby? They can’t quite figure that out. They’ve made a couple of trips

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from immobility into a savage charge the instant your vigilance is relaxed. And a buffalo cow with a calf is worse than a buffalo bull. dfcer the destinies and conduct of a thousand. more or less, of these arimals Bob presided. His horse, Eagle, has served him for ten

So Bob and Eagle retired to the custodianship of one of the newest and most promising of the national monuments, the Craters of the Moon in Idaho, where rugged and fantastic lava formations are attracting ever-increasing numbers of tourists. Eagle made the trip in luxury, riding in a truck. Fearing that the rough lava would cut Bingo’s feet, Bob left him behind—not without heavy heart. But after he got to his new station he found that the ground wasn’t so bad after all; so now man and horse and dog are together again.

MEXICANS AWAIT U. S. MOVE IN BOYS’ DEATHS Refuse to Admit Acquittal Verdict Settles Case, Secretary Says. ByfJnited Press MEXICO CITY, June 30.—Mexico can not admit that the Ardmore verdict freeing William E. Guess of the slaying of two Mexican students settles the case, Foreign Secretary Genaro Estrada said in a statement today. Estrada said that the failure to punish Guess, a former deputy sheriff, would “provoke the justified reproof of the Mexican people. “Since assurance was given the Mexican government that the United States government ordered a thorough investigation into the circumstances of the slaying, we are waiting for the results of that inquiry,” Estrada said, “which we understand is being carried out by the federal authorities.”

THREE CONVICTS GIVENJJISHING Attempt to Murder Guards Brings Strap Whipping. By United Press CANON CITY, Colo., June 30. Whipping has been resorted to at the Colorado State penitentiary for the first time in more than three years, it has been revealed. Three convicts were strapped to the whipping block at the penitentiary Monday and lashed with a broad strap, until “duly red and sore,” for attempting to murder two guards. The convicts had admitted they intended to murder the guards who were bringing them back to the prison after an escape. The guards overpowered the convicts and returned them. Warden Thomas Tynan was removed from the penitentiary in 1928, because prisoners were whipped during his administration, and the punishment thereafter was abandoned. The whippings were the latest incident in the recent difficulties at the prison. Nearly a score of convicts have escaped in the last two weeks. STUDENTS, JEWS IN RIOT Many Injured at Munich as Hitlerites Bart Hebrews. By United Press MUNICH. Germany, June 30. Many were injured in rioting at the University today when a crowd of Hitlerite students, shouting “Down with the Jews,” demonstrated against Professor Nowiatsky, accused of defending the treaty of Versailles. Police, weilding swords and truncheons, cleared the campus and the university was closed. A student parade, led by a wounded and bandaged demonstrator, resulted in another clash later. Cemetery Receives Donation By Times Special ROCKPORT, Ind., June 30.—A donation of SI,OOO and six acres of land has been made to the town cemetry here by Alex Banks, Chicago, former Rockport resident.

up the circular stairway to the cell with mother at meal times and still they say, “The lady won’t pay no attention to Stubby.” The boys see her rocking, back-and-forth, back-and-forth, in a chair. She stares out the windows sometimes. She eats a chocolate bar brought to her by her husband, John W. Simmons. She asks for ice cream—vanilla flavor. She talks to their mother and seems thankful for the little nicehelp her cell hours. o* jaq S3aiß an* sjjuaqs aqi san But, well—she’s snubbed Stubby and you can‘tet away from that v is.

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Entered as Becond-Clasa Matter ■t Postoffice. Indianapolis

years, bringing him out with a whole skin from many a tight place. Bob also had a remarkable line of shepherd dogs, which he taught how to follow and turn the lumbering bison as though they were sheep. Os this tribe only Bingo is left now. At last the long miles in the saddle began to tell on Bob, though he is by no means an old man yet, and esn still outr id e his younger helpers.

DETROIT GIVEN LOANBY FORD $5,000,000 to Be Used to Meet City Pay Rolls. By United Press DETROIT, June 30. Detroit, sorely in need of cash to meet its payroll and other municipal obligations, today accepted Henry Ford's offer of a $5,000,000 loan. The council, in special session, approved the Ford loan, which will run until Sept. 15 at an interest rate of 3M> per cent. Individually, the councilmen expressed gratification at the automobile magnate’s financial assistance “in this time of Detroit’s need.” “Well, it seems that Henry Ford is a rather valuable man for Detroit, after all,” said Councilman John S. Hall. "I don’t always agree with Mr. Ford, but I always have felt he was quite a fellow. If it wasn’t for Mr. Ford, Detroit still would be about the size of Buffalo,” he solemnly added. ARMY~OFFICERS TAKE OVER CADET COMMAND Reserve Officers at C. M. T. C. Training Are Relieved of Doty. Regular army officers of the Eleventh infantry today took over command of C. M. T. C. training at Ft. Benjamin Harrison, relieving reserve officers of the Three hundred thirty-four infantry commanded by Lieutenant-Colonel C. S. Buschmann. The regular army group, under Colonel H. D. Selton, will retain command until the camp closes July 18. • Reserve officers who been on active duty since June 17 were to return to their homes today. Regimental parades will be held tonight and Thursday and Friday nights. EDITOR GETS JUDGESHIP James Kemey of Trenton Times to Succeed to Court of Appeals. By United Press TRENTON, N. J., June 30.—James Kerney, editor and publisher of the Trenton Times and its associated newspapers, will succeed the late Judge Cornelius McGlennon of Jersey city as a member of the court of errors and appeals. He has been editor of the Trenton Times for nearly thirty years and his career has included prominent governmental appointments. Governor Larson made the judgeship appointment Monday night. DEAN POUND MARRIES Harvard Law School Head Weds Veterans Bureau Official’s Widow. By United Press WASHINGTON. June 30.—Dean Oscar Pound of Harvard law school and Mrs. James E. Miller, widow of a former veterans bureau official, were married today by Canon E. S. Dunlap in a simple ceremony at St. Johns Episcopal church. Dean Pound and Mrs. Miller arrived without attendants and in fifteen minutes the ceremony was over. They are planning a European honeymoon. The bridegroom today concludes two years association with the law enforcement commission of which George W. Wickersham was chairman. Work of the commission ends with the fiscal year at midnight tonight. RESIGNS LIBERAL POST Party Treasurer Disagrees With Lloyd George Ideas. ! By United Press LONDON. June 30.—The split in the liberal party over Lloyd George’s leadership and his compromises with the Labor party was widened today when Viscount Allendale resigned as party treasurer. He gave as his reason, disagreement with Lloyd George's leadership, although he still adheres to the party’s principles.

DEATH ASKED BY STATE IN JACKSON CASE Prosecutor Will Fight to Send Witt and Hamilton to Electric Chair. • . SHERIFF HITS LAWYER Ira Holmes Punched in Nose by Sumner When He Visits Jail. The state will seek in earnest to put Charles Vernon Witt and Louis E. Hamilton in the electric chair for the murder of Lafayette A. Jackson, a move by Prosecutor Herbert Wilson showed today. They were indicted under the Hartzell act of 1929. which makes mandatory the death penalty for murder during robbery with arms. Previously the pair had been indicted only for first degree murder, under which they coum nave been sent to the chair or to prison for life. Both have confesed, police say, to the robbery that ended fatally when the wealthy grocery head drew a gun to protect his money. Hamilton is said to have admitted he shot Jackson. Holmes After Vengeance * Meanwhile, nursing a battered face Ira M. Holmes, criminal attorney, will seek vengeance before the bar for a one-round decision he lost to Sheriff Charles (Buck) Sumner in front of Marion county jail Monday afternoon, he told The Times today. And the only sufficient unguent to soothe his rearranged features and rumpled pride will be a stack of greenbacks of healthy denomination, which, laid end to end, would provide an ample belt for any circus fat lady, with enough left over to paper the bearded woman’s dressing room. Just what sum he will ask of the blind goddess as balm for the blows Buck delivered after a heated verbal clash, when Holmes tried to crash the jail’s gate and see a client, Holmes confided today he did not know—yet. Clients In Court Wednesday For one thing, he hasn't Buck’s credit rating thus far, and for another he’s been too busy choosing between a not guilty and guilty plea for Witt and Hamilton. They will be arraigned on the murder charge in criminal court Wednesday morning. They will be tried there in about two weeks, Judge Frank P. Baker said. An attempt to see Hamilton Monday afternoon caused the HolmesSumner collision. They staged their pugilistic encounter for the amusement of a handful of police, deputy sheriffs, bondsmen and other denizens of the police headquarters and county jail neighborhood on South Alabama street. Sumner accuses Holmes of trying to override jail procedure governing visits to prisoners. The lawyer appeared with Hamilton’s family from Kansas, the father, the bride of a week, and an 18-year-old sister, whom he introduced to the sheriff. Argument, Then Blows Then followed the argument as to Holmes’ tactics in his effort to interview the youthful murder suspect. One thing led to another, according to Sumner, until Holmes removed his glasses and led with a right toward the sheriff’s eyes. That blow, the sheriff said, was too much. He returned the compliment in full measure, and, leaving Holmes to mop the blood from his face, strode into his own quarters to bind a swelling hand. It was not the first time that Holmes’ temper seduced him into fire eating. A year ago he battled with a deputy sheriff in the Jail, and more recently, when fined for contempt of court, broke out in denunciation of Judge Clarence E. Weir in superior court four—but paid a sls fine. Holmes Blames Sumner Holmes laid the blame for the fight on Sumner’s doormat. He said the sheriff attacked him with a blackjack without warning. “I never carried a blackjack In my life,” Sumner said. “When I have to use one to handle guys like that, I’ll quit.” While they awaited arraignment for the Jackson murder, the two suspects were being connected with other crimes, according to police. Witt has been identified, they say, as having robbed a building and loan association in lola of $370 June 9. He escaped last December from the Kansas prison, where he was serving life for killing a Kansas deputy sheriff. He also has been named by the operator of a grocery* in Groveland, Ind., as one of two bandits who held up the store recently. Bank Realty to Be Sold By Times Special COVINGTON, Ind., June 30.—A court order has been issued permitting the Fountain Trust Company, receiver for the closed Citizens bank, to sell the latter institution’s real estate. This includes the bank building, several farms, a residence here and a canning factory.

Quite Smooth By United Press NEW YORK. June 30. A pair of window-shopping holdup men were sought by police today after they took SII,OOO from the Murray Hill branch of the Manhattan Trust Company wifhout even entering the building. The robbers pushed machine guns through a window screen into the cashier’s office and advised John Gatto to hand them a canvas sackful of money. This done, they nodded and sauntered away unnoticed by passing throngs.