Indianapolis Times, Volume 43, Number 47, Indianapolis, Marion County, 4 July 1931 — Page 1

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JACKSON CASE VENUE CHANGE IS DEMANDED Judge Baker Announces He • Will Act on Holmes’ Motion Monday. PREJUDICE IS CHARGED Witt and Jackson Trial May Be Delayed Until Late in Year. Judge Fiank Baker, of the criminal court announced today that he probably will act Monday on the motion for change of venue filed by Ira Holmes, attorney for Charles Vernon Witt and Louis Hamilton, charged with the murder of Lafayette A. Jackson. The motion for a change of venue on the first degree murder trial charges that defendants "can not have a fair and impartial trial In this cause in Marion county, because of the excitement and prejudice in the county gaainst the defendants.” The Indiana statute under which the pair will be tided makes mandatory a death penalty upon conviction for murder while in perpetration of a robbery. Judge Baker may designate the county in which the trial is to be held or name three, in which event the defense and the state may strike one each. The trial date originally had been set for July 13 by Judge Baker. A change of venue would mean that it could not be held under either in October or November as calendars in most of the circuit courts of adjoining counties have been approved for September. Petition for an early trial in the county designated will be field by Prosecutor Herbert E. Wilson, he indicated today. TRAIISI ONE: TRAIN ALL. IS ORDER AT V. P. I. Every Male Student Must Take Up Athletics, New Rule. BLACKSBURG, Va., July 4 H. B. Redd, director of freshma?* athletics at Virginia Polytechnic institute here, plans to train "gvery able-bodied male student” for participation in intercollegiate sports, it has been announced. Redd has presented his plan to the college administration for approval. ' He proposes that specialized training in one or more sports selected by the student be offered under experienced coaches in physical training classes in place of regular freshman gymnasium work. Under the plan, first year students will name their favorite sports upon entering the school, and will be given Instruction in these sports two hours each week throughout the season. BOYS LEARN COOKING” EAT THEIR OWN FOOD Interested in Chemistry of Wit; Ask Lot of Questions, Says Teacher. By United rress STEVENS POINT, Wis., July 4. —Sixteen boys enrolled in a cooking class at Stevens Point high school have two important reasons for preparing good food—they must eat the meals they cook and if they survive they will automatically be given a satisfactory grade in the course. The boys are progressing in their work and are especially interested in the chemistry of foods, Miss Marie Zimmerli, their instructor, reported. “They don’t accept facts as girls do, but Instead they have to know the whys and wherefores,” she said. COMMUTER 60 YEARS Boston Banker Has Traveleed Same Distance for Long Time. By United Press BOSTON, July 4.—George F. Lord, 75, Boston banker, has been commuting continuously for sixty years between his Lynn home and this city, a distance of about ten miles. Throughout that period he has traveled over the same railroad —the Boston & Maine. TIME RACK MARRIED FOR~ 7 SPITE’ Wins Annulment When Wife’Confesses the "Hoax.” By United Press BALTIMORE, July 4.—Howard Ehelton today has an annulment of his "spite” marriage to Mrs. Ida Eheltdn. Shortly after they were married. Shelton said in his petition, his wife told him: "I might as well tell you that I never intended going through with this marriage. I only married you to show people how easily I could get you and to prove to someone else that I could get married, too.” HIT-AND-RUN HORSE l>eaps ©n Hood of Auto and Damages It Badly; Then Flees. By United Press PITTSBURGH, July 4.—There •re quite a few hit-and-run autognobile drivers in this city, but the first case of a hit-and-run horseman was reported by Dr. H. B. JErumpe. Krumpe was driving his new car •P the street when he approached four horsemen. One of the horses leaped the hood of the car, badly damaging it. Before Krumpe could get out of his car the horse and §ider beat a hasty retreat.

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The Indianapolis Times Generally fair tonight and probably Sunday; not much change in temperature.

VOLUME 43—NUMBER 47

Rockets

By Times Special CANAL JUNCTION, Mars, July 4.—Clutching the stick of a huge skyrocket, a frightened boy landed near here today, unconfirmed reports said, after a breath-taking flight from Earth. At first unable to talk, the boy later recovered sufficiently from his hazardous experience, it is said, to tell that he had ignited the rocket accidentally while playing with it on a downtown street in Indianapolis, Indiana, U. S. A. The boy could not tell physicians his name, but said his last recollection of the flight was when the rocket carried him out of sight of the streets of Ms home town. He declared he did not recall entering the stratasphere and did not suffer from the intense cold, although he was barefooted and wore neither hat nor coat. The rocket landed on Waterways boulevard, It is rumored, not far from the field where the annual July 4 celebration is being staged. The boy said he regretted missing the Fourth celebration at home, and appeared amazed at the mass of fireworks assembled by the commonwealth of Canal Junction. a a a City Police Mystified INDIANAPOLIS police today started a search to establish the identity of the boy who, reporters say, was hurled through the atmosphere to Mars on a skyrocket. According to witnesses who saw the boy playing with the huge rocket in front of Kipp Brothers, 117 South Meridian street, he picked a match off the street and lighted the fuse. He was gripping the rocket stick with one hand and when it roared skyward he appeared frozen to it. Several parents visited police headquarters today, asserting their boys have been missing since the first fireworks were exploded at dawn, and each of them thinks the boy might be their son. u n Democrats Blamed By Times Special WASHINGTON, July 4. President Herbert Hoover and his advisers were interested today in a report from Mars that an Indianapolis boy had landed there after a rocket flight. Mr. Hoover refused to comment, but authoritative sources branded the rumor as probably inspired by the Democratic propaganda mill in order to embarrass the President in some manner.

MOTHER TO OFFER NOT GUILTY PLEA

Mrs. Simmons’ Trial Is Expected to Be Set for September. By Times Special - LEBANON, Ind., July 4.—Mrs. Carrie Barrett Simmons, 47, spent Independence day in the Boone county jail following her indictment Friday on charges of murder in connection with the poison deaths of her two daughters at a family reunion June 21. State and defense counsel will meet with Judge John W. Homaday Monday to set date for Mrs. Simmons’ trial. It is expected the' trial will be set early in the next court term opening Sept. 14. Mrs. Simmons is expected to plead not guilty when arraigned next week. Petition to obtain release of the Hancock county farm woman on bond may be made early next week, it has been learned. Deaths of the two daughters, Alice Jean, 10, and Virginia 14, were attributed to strychnine poisoning, capsules containing strychnine being found in uneaten sandwiches after the girls and several other picnickers became ill. The sandwiches were served by Mrs. Simmons, it was testified. FIREWORKS HURT 3 Two Burned by Crackers: Toy Pistol Injures. Casualties spoiled the holidays for three more boys Friday. Kenneth Adams, 7, 1837 Orleans street, was burned on the hands when fireworks went off too soon. * Robert Oliver, 9, 3656 West Tenth street, received a burned foot for the Fourth, after a cracker went off prematurely. A t°y pistol damaged the hand of Robert Barnes, Negro, 14, 724 North California street. He was treated at the city hospital. In the Air Weather conditions at 9 a. m.: Northwest wind, 11 miles an hour; temperature. 75; barometric pressure 29.91 at sea level; ceiling, unlimited; visibility, 8 miles; field, good.

BUTTERMILK ‘BOOTLEGGERS’ RUN AFOUL OF LAW AT RAVENSWOOD

A RAIN-SOAKED TENT and an empty buttermilk can mar the surface of the Ravenswood beach today, reminders of a business that failed. From superior court one comes the word of the law that Robert Staam of the town board and Lee Andersen can’t sell any more buttermilk until Sept. 7, and perhaps not then.

to Mars on Fourth of July Trip!

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Photo shoivs unidentified boy, reported to have been from Indianapolis, who is said to have landed today on Mars after a mad journey from earth on a July Fourth rocket . The picture war, mapped just before the lad is rumored to have

WORLD FLIERS GO A-SAILING Post and Gatty Rest on Millionaire’s Yacht. By United Press STAMFORD, Conn., July 4. Wiley Post and Harold Gatty were lounging under a deck awning somewhere in Long Island Sound today, spending the Fourth of July far from the roar of the crowd and the roar of airplane motors. They boarded the yacht Saelmo of William C. Todd, millionaire shipbuilder, here late Friday, coming directly from a gruelling round of dinners, speeches and ovations in New York, the fliers and their wives had to undergo Stamford’s frenzied greeting before they escaped to the refuge of the open sea. Despite the fatigue they must have felt, the aviators were in good humor and smiled cheerfully at the throngs which lined the streets through which their automobile passed.

, Dog—Gone ‘Tuffy’ Prefers to Walk After Family Car Hits Pole.

SOMEWHERE in southern Indiana Tuffy is trotting today, wondering where his master and mistress are and realizing this is his first Fourth away from home. Early today an auto driven by Jacob Eichberger, 30, of Chicago, draped itself around a lamp pole at Madison avenue and Ray street. The pole took on a drunken angle and wires flopped over the car. Mrsf Eichberger let out a series of screams. “Save my car, save my car.” And, in answer, firemen came to the rescue dragging the car from under the net of wires. As they did so, 300 street lights in the south part of town blinked their last for the night. When police arrived, firemen were straightening out the front part of Eichberger’s car. Another scream emitted from the inner darkness of the car. "Oh, where, oh, where is my dog?” It was Mrs. Eicheberger. She had just missed her little black and white pup, Tuffy. "Oh, my dog, he is gone,” she moaned. "And just think, I bought a license for him just yesterday.” She climbed from the car and started whistling for Tuffy. Heads popped out of windows and neighbors aided police in the search for Tuffy. Finally a clew. Tuffy last was seen trotting south on Madison avenue. “What will I do?” Mrs. Eichberger begged. "Lady, you better go on to Louisvillle. Your dog probably will be waiting for you at police headquarters there,” police told her. Still bewailing her loss. Mrs. Eichberger drove with her husband toward Louisville while Tuffy trots along looking over the scenery. f Hourly Temperatures 6 a. m..... 69 9 a. m 76 7a. m 70 10 a. m 79 8 a. m 73

Staam and Anderson were doing a flourishing business Thursday night until business men of the town and Grover Smith, town clerk, broadcast loudly: “They haven’t got a permit to sell buttermilk." Deputy Sheriffs Pat Kinney and Harry Cook answered a riot call to the beach and found about 600 people, Including business

INDIANAPOLIS, SATURDAY, JULY 4,1931

FASCIST CHIEFS LEADING CHURCH WAR, POPE SAYS

Encyclical Brands Government With Tolerating*, If Not Directing*, Attacks on Italian Catholic Orders.

BY RALPH HEINZEN United Press Staff Correspondent PARIS, July 4.—The bitter, historic struggle between church and state in Fascist Italy took a dramatic turn today with the publication of a forceful encyclical issued by Pope Pius XI, laying before the world his grievances agah\st- the regime headed by Premier Benito Mussolini. The pope, firmly defending the authority of the Roman Catholic church—embattled in the land of its birth—charged the Fascist authorities with tolerating, if not actually directing, recent attacks on the Catholic young men’s clubs of Italy. In his encyclical—brought to Paris from Vatican City by trusted courier to avoid possible restriction by the Italian government—the pope charged that the suppression of the clubs, with attendant irreverence and violence, were part of the Fascist government party’s plan to add to its own power through gaining control of the youth of the land. The latest document from the Vatican, brought abroad to be free of the restrictions possible in the sphere of Fascism, was dated: "Rome, from the Vatican, in the solemnity of the holy apostles Peter and Paul, June 29, 1931.” The major charges in the encyclical, in summary, may be said to include: 1. The Fascist government, using the Azione Cattolica merely as a pretext, has attempted to tear away LEGION JOVER TOP’ 'Million Members’ Goal Is Passed, Announcement. A membership of 1,001,583 was recorded today in American Legion national headquarters here. This accomplished the objective that has engaged the attention of 10,000 posts throughout the country —to obtain 1,000,000 members by July 4. Pennsylvania led In the drive by a consignment of cards and due for 3,820 members, bringing that department to a total of 70,600 members and third in size in the United States. Illinois has the largest total state membership and New York is second. KING ON LONG TRIP Queen Accompanies British Monarch to Edinburgh, Scotland. By United Press LONDON, July 4.—King George and Queen Mary set out today on the longest trip since the king’s illness, a train journey of nearly 400 miles to Edinburgh, Scotland. The occasion is one of the court’s customary visits to the Scottish capital. The last visit was in 1927, a year before the king fell ill. BOTTLE-FED WILDCAT Young Animal Found in Swamp Is Raised by Artificial Methods. By United Press MONROE, La., July 4.—A baby wildcat found in the swamps near nere has been raised on a bottle.

men, bathers and others, who wondered what it was all about, packed around the tent. Business men told deputies they had obtained licenses to operate business in the town, but that Staam and Anderson had overlooked this and the fact that the town board has ruled no business shall flourish on the beach. _ ts taaa c*i4 Charles Ford* “maj- _

—Photo by Mars Advance Staff Photographer. come down on the neighboring plo,net. The story of how this photo was rushed by various technical processes to The Times is too complicated for the average reader to understand. You probably wouldn't believe it, anyway.

from the church all the youth of Italy, for a political reason. 2. The Fascist party oath, as it stands and as administered to children and youths, is illicit because it is contrary to the rights of the family and the rights of the church. 3. Violent acts and insults to the pope in connection with closure of the Catholic clubs were permitted by Fascist authorities and led to the impression that there were "uniform directions received from some high authority.” 4. The suppressed Azione Cattolica branches never were engaged in politics, as charged, nor were the leaders anti-Fascist. 5. The Fascist party is incompetent to educate the youth of Italy, a point which long has been a serious strain on Italo-Vativan relations. 6. "The battle now being fought is not political, but moral and religious, exquisitely moral and religious.” 7. The government authorities “have assisted or were about to assist silently and by inaction” in anti-Catholic demonstrations which occurred in certain districts after the pope had canceled various festivities because of the present crisis. The pope’s encyclical, bringing to a climax the vain efforts to achieve a diplomatic settlement of the Italo-Vatican controvery, apparently was given to the world by a diplomatic maneuver which avoided the possibility of delay or interference and assured publication everywhere. The pope said that the Fascist party had acted ”to monopolize completely the young from tenderest years up to manhood and womanhood, and all for the exclusive advantage of a party and a regime based on an idealology which clearly resolves itself into a real pagan worship of fate which no less is in contrast with the natural rights of the family than it is in contradiction of the supernatural rights of the church.” Fascists Disturbed By United Press ROME, July 4.—The foreign office declared today that the latest encyclical of Pope Pius XI is not expected to improve the Italian government’s attitude toward the Catholic church. A foreign spokesman said officially the government was not aware of the encyclical. He remitted, however, that from reports of its text, it could not be expected to clarify the situation. AIR TOUR STARTED National Event Begins From Dearborn, Mich. By United Press DETROIT, July 4.—The seventh national air tour—America’s annual commercial aircraft classic—began from the Ford airport at Dearborn this morning. At minute intervals, starting at 10 o’clock, the planes, competing for the coveted Edsel Ford reliabil- | ity trophy, roared away from the i sun-bathed field on a 6,500-mile i aerial voyage on which thirty-three I cities in the United States and ! Canada will be visited in twentyitwo days.

or’’ of Ravenswood, had given him permission to sell buttermilk on the beach. Then business men told deputies they had “jumped the traces - ’ and added soft drinks to their line. The deputies departed, suggesting that the matter be taken to court. Shortly afterwiird they again ware o*U*4 to the beach on report

Cell-ebrates Pastor Stays in Jail to 'Save Nation’ From Foul Books.

CHICAGO, July 4.—The Rev. Phillip Yarrow, crusader against erotic books, celebrated a confined but what he called a satisfactory Independence day in his cell at the county jail, where he is serving a sentence to uphold a principle. “The founders of our nation suffered to uphold America’s right to freedom,” the minister said. “I don’t mind spending some time in jail to save my country from foul books.” Meanwhile, Walter Shaver, the bookseller who is responsible for Yarrow’s being in jail, paid $3.50 to the county for another week’s board for the minister. Shaver will continue to pay the board indefinitely, he said. Shaver sued Yarrow for damages, charging that the minister persuaded him to sell an allegedly obscene book and then had him prosecuted. Publicity from the case ruined his business, the bookseller said. The court awarded Shaver $5,000 but the minister refused to pay. He went to jail under an old statute and will stay there as long as Shaver pays the $3.50 a week for board, or until the bookseller gets his $5,000. "I have organized a little congregation here in debtors’ row,” Mr. Yarrow said today in his cell, “and lam happy. lam confident that justice will be done soon and I will be released.”

HEAVY RAINS END STATE HEAT WAVE

LOST—ONE GAS MAIN: FINDERS NOT KEEPERS There Should Be One, but Workers Dig, but Can’t Locate it. By United Press STRATFORD, Ontario, July 4. —Public utilities commission officials here find themselves in the same predicament as the man who lost a bass drum, once upon a time. They’ve lost a gas main. According to a map of city gas mains, there should be one between Cobourg and Water streets. However, when workmen dug for the main to connect it to anew house, no main was to be found. Now they are using an electric detector, which is supposed to find such lost articles as water pipes, sewers and gas mains. OCEAN RACE TO START Ten Bounding Little Craft to Leave U. S. for England. By United Press NEWPORT, R. 1., July 4.—Ten bounding little craft, the smallest, only thirty-four feet long, were to leave herp at 1 p. m. today on a trans-Atlc ntic race to Plymouth, England. The yachts, all sturdy little sailboats, eight American-owned and two representing England, are the smallest ever to engage in the perilous race across the stormy northern route.

of a woman drowning. They found the woman gasping on the sand. “I just drank too much of that buttermilk,” she told them. Superior Judge John W. Kern issued the restraining order after the altercation had been rehearsed in the courtroom. And so the tent sides flap and no cold buttermilk will greet tod >i. i (.i

Entered as Second-Class Matter at Postoffice, Indianapolis. Ind.

DEBTS HOLIDAY ACCORD IS BELIEVED REACHED; STRIVE TO SETTLE FINAL DETAILS Mellon and Ambassador Edge Open Last Conferences With French Officials; Smooth Out Major Differences. PROMPT AGREEMENT IS EXPECTED Press Accepts Government Communique as Announcement of Formal Completion of Negotiations. BY RICHARD D. M’MILLAN United Press Staff Correspondent PARIS, July 4.—Andrew W. Mellon, United States secretary of treasury, resumed his conferences today with the French government in an effort finally to reach a definite accord on the Hoover war debts holiday scheme. Mellon, accompanied by Ambassador Walter M. Edge, went to the ministry of finance for conferences with the minister, Pierre Etienne Flandin, to discuss certain unsettled points. A general impression prevailed, however, that an accord, in principle, had been reached and that today’s conversations were merely to smooth out details prior to announcement of a complete understading.

TRAINS COLLIDE; PROBE STARTED Engineer, Fireman Taken From Their Posts. (Other Details on Pare 8) By United Press NEW HAVEN, Conn., July 4. Engineer William J. Rice and fireman George Peterson, crew of the Springfield-bound train which crashed head-on into the Merchants Limited Friday night, injuring iorty-one persons, have been removed from service pending final result of the investigation, New Haven railroad officials announced today. The investigation is expected to be completeed in about a week, road officials said. Twelve of the injured persons still were confined in local hospitals todajk THEATER MAN GUARDED Kidnap Threats Result in Magnate Hiring Staff of Officers. NEW YORK, July 4.—Frank A. Keeney, wealthy race track owner and ODerator of a chain of theaters, has been guarded constantly by detectives for the last three weeks because of threats to kidnap and kill him if he did not pay $75,000. Keeney, who built Keeney park at Coral Gables, Fla., and is understood to be part owner of a track at Miami, said he regarded the threat as pure extortion and not blackmail. He declared he had no intention of paying any of the money demanded.

Central, Southern Portions of Indiana Drenched; Mercury Dives. Heat wave of two weeks’ duration was shattered today as cool weather throughout the state brought relief, following rains that drenched central and southern Indiana Friday night. The rains, which broke late Friday afternoon, were estimated to be valued at millions by farmers whom, heretofore, only have received top soil precipitation in their sections of the state. Although no rain was reported in the northern part of Indiana, the mercury fell several degrees over this section, most weather stations reporting drops such as in Indianapolis when the mercury skidded from 89 Friday afternoon to 69 this morning. Downpour at Shelbyville Heaviest rain reported in the state was at Shelbyville where it totaled 3.35 inches. Paoll reported 2.21; Terre Haute, 2.58. and Greencastle, 1.56. Indianapolis rainfall totaled .64 of an inch. Additional rain is expected Sunday in some parts of the state, cloudiness to increase following fair weather today and tonight. The break in the torrid wave brought the first regular sleep Friday night to many residents who have been seeking their rest in parks, on porches and along highways. Report Heat Prostration Until late Friday many were in the open, drinking in the lake-like breezes. Motorists, who first despaired of taking their annual Fourth of July jaunt, packed up hurriedly today to take advantage of travel in the coolness. Mrs. Agnes Nickels. 25, of 28 North Riley avenue, is in city hos - pital today recovering from heat prostration suffered Friday after* itpffn | dov&tova ph a unary.

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Parliament adjourned for its summer vacation soon after midnight, but the cabinet was scheduled to hold another special meeting at 4:30 p. m. to consider the progress on the Hoover plan negotiations. An official communique was issued by the French authorities regarding the accord, in principle. It said: “The delegates of the two governments continued their examination of the Hoover proposals in response to the French note. Mr. Mellon confirmed that the United State government had decided to accept the principle of payment by Germany of the unconditional annuity in the Young plan. “Other important divergencies of views were smoothed out. Minor difficulties will be submitted to the council of ministers. An accord on the technical financial phases of the negotiations, providing other interested nations adhere, seem to be practicably concluded. ” The French press accepted the communique as announcement of an agreement, emphasizing that only comparatively unimportant details remain to be smoothed out and these were expecteed to be settled promptly.

MOTORISTS URGED TO ‘GIVE ANIMALS CHANCE’ Pennsylvania Official Urges Car* In Country Driving. By United Press HARRISBURG, Pa.. July 4 Benjamin Eynon, Pennsylvania Registrar of Motor Vehicles, urges motorists to give animals on the highways a chance for their lives. “The operator who won’t give a chicken or a dog a chance doesn’t deserve a licerse,” Eynon said. “Animals wandering alone on the highway may not have any legal rights in the eyes of the law but some moral consideration is due them. “From the operator’s point of view alone it is no misstatement to say that more than one accident has been caused by collision with some animal,” he said. Eynon advised special care and patience to motorists held up temporarily b> droves of cattle. PAY HONOR TO WILSON Late President’s Wife Is at Posen, Poland, for Celebration. By United Press POSEN, Poland, July 4.—The city was bright with Polish and American flags today in celebration of the Fourth of July dedication of a memorial to President Wilson. The ceremonies were attended by Mrs. Woodrow Wilson, widow of tho war - tune President; President Ignacy Moscicki and other person# high in the government. HE’S ACE WOOD CUTTER Oregon Man Cuts Through 58-Inch Tree in Two Minutes Plus. By United Pretc ALBANY, Ore.. July 4.—Any man who thinks he can chop wood might well consider the ability of Pete McLaren, world champion wood chopper. He won SSO here by cutting through a fir log fifty-eight inches in circumference in 2 minutes 45 seconds. Under terms of the contest he had to cut the log in two-thirds of the time required by Paul Miller, former Albany high school football player and experienced logger; Roy Morian of North Albany and George W. Hayes of Albany. McLaren won handily. BAN ON FREIGHT TRUCKS Rumbling Vehicles Can Use Only One Road at Yuma, Ariz. By United Press YUMA, Ariz., July 4.—Rumbling freight trucks no longer disturb Yuma citizens due to a city ordiI' nance prohibiting trucks from passing through business or residential districts. One highway, circling the town, may be wed, *