Indianapolis Times, Volume 43, Number 125, Indianapolis, Marion County, 3 October 1931 — Page 1

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THIRD DEGREE IS CHARGED IN POISON TRIAL Coroner and Prosecutor Accused of Browbeating Mrs. Simmons. RECESS FOR WEEK-END Specter of Electric Chair Kept Before Woman, Attorneys Say. BY STAFF CORRESPONDENT LEBANON, Ind., Oct. 3.—The third degree, familiar cry of the defense in many criminal cases. held the stage today in the trial of Mrs. Carrie Simmons, alleged poisoner of her daughters, a c attorneys prepared for the lift of the evidence curtain at 9 o'clock Monday morning. The trial was adjourned over the week-end by Judge John W. Hornaday. And with that adjournment late Friday afternoon flared the charges Os defense attorneys that Boone county authorities had attempted to obtain a confession from her after hours ol questioning and the threat, “We've got enough to send you to the electric chair.” The charge of intimidation came shortly before Coroner G. A. Owsley left the witness box for the weekend recess. Coroner Denies Buldozing “Didn’t you hear Ben Scifres, prosecutor, tell Mrs. Simmons, when he was questioning her in the Boone county jail,'that he had enough to fend her to the electric chair?” interrogated W. H. Parr Jr., defense attorney, of Owsley. “No, sir.” denied the coroner. “Did you say anything like that,” doggedly questioned Parr. “No, sir,” retorted the witness. “Well, then, didn’t you criticise Mrs. Simmons for wearing a blue dress at the funeral of her little girls?” harassed Parr. I did not,” replied Owsley. Directs Own Defense During the questioning. Mrs. Simmons, for the first time in the trial, actively directed the questioning of the coroner by leaning over t he shoulders of her counsel to aid in the building of the “third de-| gree” charges. Parr asked of Owsley if the prosecution did not take “turns • about” in grilling Mrs. Simmons in j the jail. "The prosecutor and I talked to ! her," he answered. "Yes, and didn't you pass her bark and forth between you for questioning late into the night?” asked Parr. “No. I don’t, believe we talked to j her more than a couple times between us,” answered the coroner. Further cross - examination of Owsley when he takes the stand j Monday morning may be made by i the defense on the alleged “third j degree” methods to obtain a damaging admissions from the Hancock county farm wife. Will Charge Browbeating Mrs. Simmons, when she takes (he witness stand in her own behalf. is expected to add to the defense's charges that she was intimidated and threatened with capital punishment in an effort to ob.tain a confession. A trick was used to test credibility of the coroner as a witness and an expert. It was a trick similar to one used in the D. C. Stephenson trial and the famous George Kolb strychnine poisoning case in Greenfield. Charles L. Tindall, one of the members of the counsel for Mrs. Simmons, was an attorney in the Kolb trial. Young Parr asked Owsley if he knew of various medical books, which he named. The doctor replied “Yes” to some and "I think so” to others. Tries Trap on Coroner “Well do you know of a book by Huttemeyer and Bruck on Analytical Pharmacology'?" “Yes,” retorted Owsley. “But don't you know that there isn't such a book printed?" entrapped Parr. "No I I didn't. I know of a work similar to that," replied the coroner. A few in the courtroom tittered. The jury seemed only partially impressed by "horseplay." A poisen capsule taken from one of the sandwiches eaten at the piclic murders was introduced by the f 'ate as an exhibit and shown the ry. The jammed courtrooms craned necks for a look at the capsule, but were unrewarded, due to the tissue paper wrapping around it. In the Air Weather conditions at 9 a. m.: South wind, 7 miles an hour; temperature, 64; barometric pressure, 30.18 at sea level; ceiling, scattered clouds, unlimited: visibility, 10 miles; Arid, good. New York Stocks Opening •By J. T. Hamill A: Cos.) —Oct. 3 Can "7' Mcnl Ward .... !0 3 , Anaconda 15 N V Central .. SO ■ Am For Pr ... 13 ! N American , 33'. Am Tel At Te1..130 Natl Cash Rcr. 17 Auburn 99 Penn R R 31 3 Bvers A M .... 16* Packard 4', Cons Gas **■ 13 Case J I ....... 40 3 RK O 8 dies At Ohio .. 37'-* Sinclair Ol! 6 ! Fox Film A ... 7’, St Oil of N J... 29’ Gen Foods .... 34>-a Texas Corp .... 16', Gen Mot . ... 23’. U S Bteel 71K Gen Elee 2 7U United Corp ... 13 Goodvear 22'. Un Aircraft ... 15'. Gold Dust 19*. Un Carbide ... SO 1 . Int Nickle B'i Vanadium 16’* Johns Mansvthe 37', Wcstmahouse .. 44', Ut & Myera B 47 I Wool worth TVs

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The Indianapolis Times Fair tonight; Sunday increasing cloudiness becoming unsettled by night, continued mild temperature.

VOLUME 43—NUMBER 125

Sheriff Plays Guardian for Highway Fetters When venturesome Cupid parks on county roads to do his love-making, he does it at his own risk of being a target for highwaymen. Scarcity of work seems to have afforded many idle hours for petters in Marion county, so much so that Sheriff Charles (Buck) Sumner has issued a warning. Essence of this warning is that those who drive on lonely country roads must “keep moving and not park.” The sheriff today announced that he had ordered his deputies to enforce this edict. 4 Parkers are not to be arrested unless found “resting” at night pn a public highway without parking lights or in violation of other laws. "It is not our purpose so much to disturb the petting parties.” Sumner declared, “as to prevent possibility of them being targets for bandits.” Afternoons seem to be just as popular for petters as the night times, deputy sheriffs disclose. They always are warned to "keep on the move.” However. County Commissioner George Snider believes there was just as much petting back in 1920, when he was sheriff, as there is during the present depression. "Noon hours, when bosses were supposed to be lunching with office girls, and 4 p. m. bring more petters’ cars to country roads than any other hours of day,” one deputy testified. Another deputy who works at night says he finds every hour of the night, providing it is not too early, popular.

PRETENDER TO THRONE DEAD Claimant of Spanish Crown Heart Attack Victim. Un United Press PARIS, Oct. 3.—Don Jaime of Bourbon, Carlist pretender to the Spanish throne, who recently concluded a truce with his cousin, the exiled King Alfonso of Spain, died at his apartment here early today from a sudden heart attack. He was 61 years old. Jaime’s uncle, Prince Alfonso of Bourbon who resides in Austria, will succeed to his claims to the Spanish throne unless some special provisions were made recently in Jaime's conversations with ex-King Alfonso. The cousins spoke for the first time in their lives when they met at Jaime’s apartment here and formed what Jaime called a uniformed monarchist front against Communism and bolshevism in Spain. Jaime would not confirm reports that Alfonso had persuaded him to relinquish his claims in favor of Prince Juan, Alfonso’s third son who now is a cadet in a British naval academy. “To say I have relinquished my rights is incorrect,” Jaime stated after his interview with Alfonso, which ended a feud of centuries in the Bourbon family. RAIN COMING SUNDAY Temperature Will Remain Mild, Is Forecast. Reign of Hoosierdom’s fair weather is to end Sunday night, when increasing cloudiness will be followed by rain, according to the weather bureau. Today, though, ideal weather for football fans will continue. The predicted rain, however, will not break the mild temperatures that have prevailed for the last few days.

Amazing JMEE!

cu a red-haired school girl, she won a newspaper popularity contest to her rise as the world's best-known woman preacher is more fantastic than anything in fiction. "Aimer's Love Story," the account of her early marriages, her dramatic court trial and her recent sky elopement tells this amazing true story. Watch for it.

Tuesday, Oct. 6, iuThe Times

—An Editorial—' Hope Dawns at Last for End of Utility Rule ' | 'HREE members of the public service commission have announced anew set of principles for the fixing of public utility rates. They declared that 5 per cent, and not 7 per cent, is a fair rate return on monopolized services during the present days of deflation. They announced that the valuation should be fixed on presentday prices of labor and steel and copper and cement, instead of on prices existing during the days of inflation. The decision came in a case from Vincennes. That water company is owned by small fish in the utility game. But what is fair for these mirinows, certainly is fair for Insull, for Harley Clarke, for Clarence Geist and the whales in the utility seas. The time is here when every utility rate in the state should be cut to the new measuring stick, or rather for the announcement that the old rules still are in force and should be applied to new conditions. u tt n IN this city every manufacturer, every business man and every home owner is being burdened beyond the power to pay by charges for water and electricity. The extortions of these concerns constitute a real menace to the common welfare and the common prosperity. The time to act is now. The commissione could, if it wished, take the first steps. It must take action if determined citizens band together to fight for justice. The fight should be made before the power of these great institutions is exerted to force these commissioners to change their minds or, perhaps, a Governor to change the men who permitted the first ray of hope to shine for the people since the utilities took over the government of Indiana.”

Xowhere but in real life could such a story be told! Aimee McPherson's career from the days when,

INDIANAPOLIS, SATURDAY, OCTOBER 3, 1931

WHOLE WORLD IN MOURNING FOR SIR‘TOM’ King of Sportsmen to Be Buried in His Native Scotland Wednesday. ROSE FROM POVERTY Lipton Won Fame, Respect With Efforts to Take ‘Blooming Mug.’ BY' VIRGIL FINKLEI' United Tress Staff Correspondent LONDON, Oct. 3.—Peer and commoner today mourned the death of Sir Thomas Lipton. veteran British j sportsman who climbed from deI pressing poverty to wealth and international esteem, attempting to win "that blooming old mug.” Sir Thomas will be buried in his native Scotland. Plans for the funeral of the noted business and yachtsman who died Friday night at the age of 81 were made today. Sendees wall be at 2:30 p. m. , Wednesday at the Southern Necropolis in Glasgow. Without the advantages of edu--1 cation and financial backing, •Tommy” Lipton. as he liked to be : called, started his business career as 1 a messenger boy at the age of 11 : and the salary of about 30 cents a ; week. Caught Spirit of Travel On rare holidays Tommy Lipton I sailed small boats on the Clyde. His often futile efforts as a barefoot boy I to make faultily constructed craft : sail attracted his interest to ships that brought him eventual recogniI tion as the greatest living yachtsman. In 1869, Tommy Lipton caught the i spirit of travel and saw the oppor- ; tunity for advancement in a then | far-away haven, the United States. With his meager savings he traveled to America as a steerage passenger and got his first glimpse of the country where he arrived years later aboard his luxurious steam yacht Erin to prepare for the arrival of his Shamrock V to compete for the America’s cup. Sir Thomas called the cup “that bloomin’ old mug” and was not discouraged by his unsuccessful attempts to win it. He had plans for the construction of a Shamrock VI when he died. Worked in South Official recognition of his yachting activities came late in his life in England, for he was elected to membership in the exclusive Royal Yacht Club Squadron after he passed his eighty-first birthday. Young Lipton worked as a grocer's clerk and as*a street car motorman in New Orleans when he came to the United States. He worked on plantations in South Carolina until he had saved about SSOO. and then went back to Scotland to start a grocery shop in which hung a huge sign, “Work Is Fun.” He formed certain business policies early in life and never deviated from them. He resolved never to take a partner, always to decline loans and never to sign a bill. Although some of his policies would not be termed good principles in present-day business, they were successful for Tommy Lipton. Was Temperance Man Speaking of service and courtesy he once wrote: “The twenty shillings in a ship worker’s pocket are just as good in my till as the pound in the landlord's pigskin purse. The working man's wife with the basket on her arm is entitled to as much respect as the lady who comes to the store in her plush lined motorcar.” Sir Thomas had very definite views about drinking. “Young men should beware of strong drink." he said. “Corkscrews have sunk more people than cork jackets ever will save. I never drink anything stronger than lemonade and my smoking is confined to smoking hams and bacons, which bring, good returns.” He was an ardent exponent of hard work. “Find the work that suits you and put your whole heart into it. Back up ambitions with ; backaches.” was Sir Thomas' motto. Small Store Chain Spread The second Lipton shop was opened at 27 High street, Glasgow. The small store chain spread over the British Isles and was followed by purchase of coffee,, tea and cocoa plantations in Ceylon and the creation of the world-wide Lipton business. Sir Thomas seemed able to forget the defeat of his yachts by Yankee craft by philosophic contemplation of his amazing victory over life itself. It was a matter of eternal amazement to himself that he, j Tommy Lipton, a poor boy who never had a toy. should be able to toss away $2,000,000 on a little yacht. After the defeat of the Shamrock V in 1930, Sir Thomas appeared downcast for the first time in his life. He had not watched the finish of the race from the bridge of his yacht, as was his custom. Newspaper men found him in his cabin, telling stories of “when I was a boy in New Orleans.” Flying Royal Pennant “I am afraid that is the last. boys. I may never race again.” he said. But that was only temporary. Before he returned to England he had promised to challenge again. Sir Thomas lived to triumph over British conservatism —one might say snobbishness. He was elec; ed to the Royal Yacht Club, so exclusive that some dukes have not gained entrance. And Shamrock V won the King’s cup at Cowes, flaunting proudly at I her peak the royal pennant of the Royal Yacht Squadron, denied to the world’s greatest yachtsman for years because he was *'in trade."

IRISH TO ‘CARRY ON FOR ROCK’ AGAINST INDIANA U. TODAY

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A tackle’s eye view of what grid experts call a “crashing full back” —that s Edmoncls, the big I. U. plunger, going some place in a hurry. Edmonds, the 200-pound triple-threat star of the Crimson back field, turned in many valuable yards for the Hayesmen last Saturday, tossed some long passes, one of which resulted in the only I. U. touchdown; added the extra point with a- perfect place kick, and did some high-powered punting. All in all. he's a mighty handy fellow to have around, especially when you’re playing Notre Dame, as Indiana is today.

LINDT TELLS OF CRASHIN RIVER Blames Debris for Upset; Sails for Shanghai. Bit United Press HANKOW, China, Oct. 3. Colonel and Mrs. Charles A. Lindbergh proceeded to Shanghai at 3:30 p. m. today aboard the British aircraft carrier Hermes. Their airplane was aboard and will be repaired at Shanghai. Lindbergh, none the worse for the accident Friday in which he and liis wife were forced to jump from their airplane into the flooded Yangtze river, explained before taking off for Shanghai how his machine capsized. Neither Lindbergh • nor his wife was injured in the accident. “After the airplane started taxiing, we struck a wire or a piece of debris in the river,” Lindbergh said. “I lost control of the machine. Anne jumped into the river and, realizing the force of the current, I jumped overboard to assist her. “The airplane capsized. We were struggling in the water when a launch from the Hermes arrived.” The Hermes is the British aircraft carrier upon which Lindbergh’s airplane was placed when he arrived here from Wuhu. Witnesses of the accident said that only a miracle' saved the Lindberghs from serious injury. FIRE TOLLJ1 00,000 Connersville High School Is Swept by Flames. By Times Special CONNERSVILLE. Ind., Oct. 3. Damage which may reach as high as SIOO.OOO was caused by fire which swept the top floor of the Connersville high school building early today. Efficient work by the local fire department, aided by departments from Rushville and Richmond, confined the blaze to the upper part of the main buildir.g. The school was erected in 1925 at a cost of nearly $300,000. Water damage was heavy. Cause of the fire has not been determined. It was discovered by a group of students shortly after midnight, when it was burning in the chemistry laboratory on the third floor. Taxi Theft Charged Charged with the theft of a taxicab. Thomas Martin. Negro. 28. of 528 North Senate avenue, was arrested by police this morning on vagrancy charges. The taxi, which was stolen from Indiana avenue and North street, was the property of Thumran Ramsey, 2300 Brookside avenue. Hourly Temperatures 6 a. m 60 8 a. m 66 7 a. m,,... 60 9 a. m 67

Hayesmen Keyed for Bitter Clash With Powerful South Bend Eleven. BY VERN BOXELL Times Staff Corresoondrnt BLOOMINGTON, Ind., Oct. 3. “For Rockne!” This is the cry that will send j Notre Dame moleskin warriors | surging into action here today against Indiana’s rejuvenated i eleven. It is this dedication, with i a wealth of Rockne-developed ma- [ terial, which will spur the gallant : South Bend boys to supreme efforts | throughout a “suicide schedule.’’ For the first time since 1911, when he joined Notre Dame as a player, the Fighting Irish will start a football campaign without Knute K. Rockne, the Great Dane genius, who was taken from the boys and life he loved by a tragic airplane crash on a lonely Kansas prairie last March. Spirit alone will not win today's game, however. Heartley Anderson and Jack Che vigny, named to “carry on for Rockne,” have molded a strong team. A majority of the men have intimate memories of their beloved master and they will play and fight with the knowledge that this is to be the start of the tribute to their late comrade and coach. Out to Beat Record They will be out to beat the alltime Notre Dame winning streak of twenty games, established in 1919-1920-1921. Os the brilliant quaret of all-star backs who carried Notre Dame through two undefeated campaigns, only Marchy Schwartz, phantom’ half back, remains. On him wall fall the heaviest ball-toting burdens. Frank Carideo, honored by many as the greatest of all quarter backs and Marty Brill, the giant blocking half back, whose sensational work in a less spectacular role cought the eye of experts last year and won him all-America honors—both have ended their collegiate careers. Joe Savoldi, Larry Mullins, Bucky O Connor—their final grid achievements for Notre Dame were written into the records last fall. In their places will be new pastimers, new stars. Forward Wall Strong Much depends on the perform- ! ance of the forward wall, and here is where Notre Dame’s greatest j strength is found. From wing to wing, the Irish are equipped with J veterans, revolving around captain Tommy Yarr, the husky IrishIndian who is a candidate for allAmerica center honors. Notre Dame faces a real test this afternoon. The Irish expect a bitter scrap when they battle Indiana. And this year, the first of a new era under E. C. Hayes, new Crimson mentor, it will be a more heated struggle. In the words of South Bend scouts, Ike Voedisch and Clarence Kaplan, who witnessed Indiana’s debut last Saturday against Ohio U., "the Hoosiers are big, strong, tough ! and smart and didn't show us a thing.” /I I

Entered a? Second-Class Matter at PostofTice. Indianapolis, Ind.

MURDERED GIRL’S BROTHER SHOOTS NEGRO AS OFFICERS GRILL HIM FOR CONFESSION Alabama National Guard Called to Patrol Hospital Where Wounded Prisoner Is Near Death. GUN SMUGGLED INTO COURTHOUSE Young Attorney Fires Three Bullets Into Suspect’s Body as Sheriff and Aids Sit in Room With Them. By United Press BIRMINGHAM, Ala., Oct. 3.—National guardsmen to* day were stationed around Hillman hospital where Willia Peterson, Negro accused of slaying two Birmingham society girls, lay near death from bullet wounds inflicted by Dent \\ illiams to avenge the murder of his sister. Governor B. M. Miller ordered a detachment of fifty soldiers to the hospital, after crowds began thronging the streets in the vicinity. There was a general spirit of unrest. Peterson, whom Miss Nell Williams claims is the Negro who wounded her, killed her sister, Augusta, and her chum, Jenny \\ ood, was brought Friday night to the courthouse here for a conference with county authorities, preparatory to arraignment Monday. Peterson had been at Montgomery for safe keeping since he was captured on the street here about a month ago.

PREMIER GIVEN GOLD SHOULDER MacDonald Under Ban for Labor Renomination. BY' WEBB MILLER United Pres* Staff Correspondent LONDON, Oct. 3. —Prime Minister Ramsay MacDonald returned to London today with his Sea ham con- ; stituency urging his resignation, and with unemployment riots growing increasingly more dangerous in j his native Scotland. The prime minister was received by King George in audience at j Buckingham palace soon after 9 i o’clock. MacDonald appeared tired as he passed through the palace gates and made his way to the king’s private apartments. MacDonld addressed labor delegates from his constituency at Horden Friday night. They listened ! coldly to his explanation of why the I formation of a national government was necessary. The secretary of the Seaham division of the Labor party, William Coxen, told the press that the meeting had reaffirmed its decision not to renominate MacDonald lor parliament. The division requested | the jrime minister to resign soon j after the national government was formed. The Daily Express said today that Lord Reading, Liberal leader, told a liberal meeting Friday that MacDonald had decided on dissolution of parliament and a general election, and that he would advise King George accordingly. POPE TO MAKE PLEA

Encyclical to Appeal for Relief of Needy. By United Press ROME, Oct. 3.—Pope Pius XI will recommend in an encyclical to be issued tonight that leaders of the world endeavor to relieve suffering among unemployed and the poor. The encyclical will deal with the world economic situation. Announcement that it would be issued was entirely unexpected. The pope's appeal will be addressed largely to industrialists, it was understood. It was expected that the encyclical would be published tonight in the Vatican newspaper, Osservatore Romano. It was not explained why preparation of the encyclical was guarded so secretly. EDISON OUT OF DANGER Stricken Inventor Suffers Attack of Indigestion in Night. By United Press WEST ORANGE, N. J., Oct. 3. Thomas A. Edison, suffering from a complication of diseases, had an attack of indigestion Friday night that necessitated a special visit by his personal physician, Dr. Hubert S. Howe. The aged inventor's son said, however, that his father was not in any danger. Edison is 84. and suffered a collapse several weeks ago.

Waved Away By United Press LOS ANGELES. Oct. 3 Mrs. Geraldine Wood's suit for $5,230 damages she claimed was done when her hair was burned while she was getting a permanent wave, was dismissed by Judge A. C. Finney, who remarked that “as long as women are vain and not satisfied with their natural charms and beauty, they sometimes must suffer in the process of their transformation."

NOON

TWO CENTS

Every man who entered the conference chamber, including’ Williams, a young Birmingham attorney, had been searched for weapons. None of several women present, including Mrs. Clark Williams, mother of the attorney; and the slain girl, had been searched. One of the men in the room said after Peterson had been examined for some time, some shots were heard. and simultaneously the Negro's shirt front reddened. Given Pistol by Woman Sheriff James Hawkins, who was in the room at the time of the ! shooting, told the United Press “the 1 only conclusion” was that Williams j obtained the pistol from one of the ' women who were present. “They were the only ones not searched,” Hawkins said. “Williams j voluntarily surrendered a larger pistol on entering. Besides, he was searched and no gun was found on him.” At the hospital it was said three bullet wounds had been found in Peterson's body. Physicians said there was a little hope for recovery. Williams walked from the room after the shooting, but was apprehended and placed under bond of SI,OOO, charged with assault with intent to murder. He refused to make any statement. “Peterson is, I believe, fatally wounded,” Hawkins said, “and in event he dies the charges against Williams will be changed to murder.” Helped Capture Suspect Williams had been instrumental in bringing about the capture of Peterson. He was walking along with his sister Nell when suddenly she screamed. “That’s him that’s him.” Williams covered the Negro with a gun until police arrived. Racial feeling has run high here ever since the murders last summer. The two Williams girls and Miss wood were kidnaped and held captive for several hours by a Negro who threatened to “get even for what your race has done to mine." In a scuffle as the young women attempted to escape, Augusta Williams and Miss Wood were shot and killed. After wounding Nell Williams the assailant was frightened and ran away.

How the Market Opened

| Cv United Pre*n NEW YORK, Oct. 3.—Prices continued to decline at the opening on the Stock Exchange today after their reaction near the close Friday. Steel common dipped 4 to 71M’ j * n d other leading industrials we:* 1 down fractions to more than a point. American Can selling at 774, off 14. Volume was somewhat lighter than Friday and there were no large blocks in the initial transactions. Woolworth dipped a point to 474 in -.he mercantile division, American Telephone lost 4 to 130, Atchison was down a fraction at 108 4 in the rails, Bethlehem followed United States Steel down, and Anaconda lost 4 to 15*4 in the coppers. Small losses were noted in Westinghouse Electric, Commercial Solvents, Gold Dust, International Telephone, Union Carbide and Chrysler. Fractional advances Were made by a few issues, including American Smelting, Paramount, SoconyVacuum, United Corporation, Pennsylvania, Columbia Gas, Sinclair, Case and Radio-Keitn-Orpheum Steel broke below 71 in the early trading and the trend of the market continued dowm. Volume was light. Bonds moved irregularly in quiet turnover. Cotton futures held steady, barely changed from the previous close. The London market was dull and about steady. The pound sterling dropped sharply in the New York trading, losing 94 cents to $3.82, The Canadian dollar was at a 124 per cent discount.

Outside Msrlea County 3 Cent*