Indianapolis Times, Volume 43, Number 134, Indianapolis, Marion County, 14 October 1931 — Page 1

LEAGUE SEEKS U. S. HELP TO HALT STRIFE America’s Friendly Offices Enlisted in China-Japan Difficulty. GILBERT MAY ATTEND Consul-General at Geneva Likely Choice for Observer. BY HENRY WOOD United Pres* Staff Correspondent GENEVA, Oct. 14.—Participation cf the United States in the efforts of the League of Nations council ■ to obtain a peaceful settlement of j the Sino-Japanese conflict in Man- ! churia appeared certain today. An informal and secret session of the league council decided to invite the United States participation, provided Japan and China were willing. Aristide Briand. president of the council, was authorized to consult Dr. Alfred Szc and Kenkichi Yoshizawa, respective heads of the Chinese and Japanese league delegations. Briand received Yoshizawa. at Jioon, and Dr. Sze soon thereafter. Prentiss Gilbert, American con-sul-general at Geneva, was regarded as a likely American observer. League officials have stressed the value of co-operation with the United States in averting war between China and Japan. If the United States participates In the council’s deliberations, the American representative will have the same rights as other council delegates, but no vote. The council desires American participation to know Washington’s attitude on all proposals for action, thus avoiding decisions unacceptable to the United States. Avert Trouble in East By RAYMOND CLAPPER United Press Staff Correspondent WASHINGTON, Oct. 14.—Quick action by Secretary of State Stim*on appeared today to have sponged out what might have developed into an inflammatory incident in the delicate Manchurian situation. Asa matter of naval routine, the commander of American naval forces In Asiatic water ordered seven submarines and a tender moved forward around the Shantung peninsula to Chefoo, the nearest point opposite Japan's Manchurian base at Port Arthur. Some press dispatches described this as a strategic move pointed at the line of communications between Japan and Manchuria. Avert Any Suspicions Immediately on discovering Tuesday night that this movement had taken place three or four years ago, Secretary of State Stimson induced the navy department to withdraw the submarines and send them south to Shanghai, hundreds of miles from Manchurian waters, to efface any possible suspicions that a demonstration had been intended for moral effect on the Manchurian difficulty between China and Japan. This incident occurred at a most delicate stage, when the United States is co-operating with the League of Nations council, now meeting in Geneva, in efforts to reconcile China and Japan. It held such alarming possibilities that responsible officials spent two anxious hours at dinner time. Sees Hope for Peace The state department was confident, however, that the prompt withdrawal of the submarines would quiet any misapprehensions that might exist in Japan. The submarines, it was explained, had moved to Chefoo purely as a matter of annual routine and not upon orders from Washington. It was said the sole purpose of the movement was to permit shore leave for the personnel. Officials are waiting the action of the League of Nations council as the most important avenue of hope today in pacifying the Manchurian situation. The state department professed .also to be encouraged by what it believed to be a more conciliatory attitude on Japan’s part, although no basis for this feeling was divulged. CAR LOADINGS INCREASE Largest of Any Week So Far This Year, Figures Show. Bu United Press WASHINGTON. Oct. 14. Car loadings on American railroads in the week ended Oct. 3 were the largest of any week so far this year, and showed a greater than seasonal gain over the preceding week, according to figures released today by the American Railway Association. Loadings amounted to 777,837 cars, an increase of 39,808 cars over the previous week, but a decrease of 193,418 cars from the corresponding week of 1930 and of 402,110 cars from the corresponding week of 1929.

Delay Contest The Tangiana dance contest of The Indianapolis Times and the Indiana ballroom will open next Tuesday night instead of this week, as previously stated. This has been made necessary because so many people wanted to master the new dance created and taught by Jac Broderick, dancing master in the ballroom. Pictures showing the various step positions in this dance will appear in The Times starting next Tuesday.

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The Indianapolis Times Mostly cloudy and slightly cooler tonight, becoming fair Thursday.

VOLUME 43—NUMBER 134

CONSTABLE FLAYED BY JUDGE FOR USE OF GUNIN EVICTION Officer Does Not Deserve Law’s Protection, Says Sheaffer; Witnesses Riddle His Story of Shooting. TACTICS used by Constable R. J. 'White which led to the shooting of a Negro Tuesday were denounced today in municipal court by Judge William H. Sheaffer. "An officer who has conducted himself as you have does not deserve protection of the law,” Judge Sheaffer told White/ Charges of assault and battery and vagrancy against Cleon Hizer, SO. Negro, who was shot in the leg by White, were dismissed. Judgment was withheld on a charge of resisting an officer.

FORMER CLOWN VISITS EDISON Tells Humorous Story of Inventor’s Early Days. by United Press WEST ORANGE, N. J., Oct. 14. A 75-year-old former circus clown, who called to see his old friend, Thomas Edison, who is critically ill, left with townspeople here today a new Edison story. Robert E. Sherwood, known as Uncle Bob, told of meeting the inventor in Akron in 1886, when the circus wagon in which the one-time clown was riding broke down in front of the home of Lewis Miller, Mrs. Edison’s father. “Edison was experimenting with a phonograph he had installed in a castiron horse,” Sherwood said. “He was trying to make the horse neigh.” Edison today remained in st state of “gradually progressive somnolence,” which has marked his condition for several weeks. He revived long enough Tuesday to answer a question asked by Mrs. Edison. Late Tuesday night, his son, Charles, issued a bulletin which said: “Mr. Edison has spent a very quiet day, there being no new developments. He is now resting comfortably.” DAILY M'COY OUSTED State Purchasing Agent Is Let Out by Board. Daily McCoy, state purchasing agent, today was ousted by the state purchasing board, acting on recommendations of Governor Harry G. Leslie. He will be succeeded by Wallace Reiman of Shelbyville. The group was expected to follow Leslie’s entire program for the department which also may include slashing the salary of the purchasing agent from $6,000 to $4,000 or $5,000 annually. With Moses Epstein, chairman of the purchasing board, resigned due to ill health, Leslie today is reported ready to name the superintendent of a state institution to succeed Epstein in the post. HIT UTILITY RATES South Side Meeting Tonight to Aim at Reduction. Driving toward a reduction of rates of all Indianapolis utilities, residents of the south side will gather at 8 tonight at the Garfield Park community house. The public meeting, sponsored by south side civic leagues, will be held for an open discussion of a proposal to demand rate reduction and revaluation of utilities. J. Ed Burke, chairman of the central committe of South Side League, will preside, and a preliminary report of the leagues’ utility committee will be heard. John McCarthy, Washington (Ind.) mayor, and several city men will be speakers.

Peril ® HAZEL QOSS HAILGY SERVICE

CHAPTER ONE MARY HARKNESS, dancing with Dirk Ruyther's arm about her, thought she never had been so happy in her life. Not even that night in the garden a short while ago, when she and Dirk had first known they loved each other. Not tonight at dinner with all her friends grouped about the flower-banked table. Mr. Jupiter proposing a toast. Everyone's eyes upon them, merry and mocking, and trying to appear surprised. Not even yesterday, when she had tried on before the pier-glass in her room the first Paris dress she had ever owned. AH these were rungs in the ladder of her present happiness. But when you were as completely, as idiotically blissful as she was at this moment, you had to do something about it, and this was what she wanted to do—just dance, dance on forever with Dirk's arm about her, his dark lean face close to hers, his lips at her ear murmuring tender banter, while the slow’ rhythm of the tango carried them dreamily down the length of the great ballroom on its sensuous tide.

A Paris dress! And five years ago she couldn’t have bought one on Fifth avenue, not even at a markeddown sale. That dress, like everytlring else good that had come to her in the years since her father had died, a suicide, and her mother soon after, had been the Jupiters’ gift. -She owed them everything—even Dirk, in a w ? ay. If the younger member of Ruyther & Ruyther, Mr. Jupiter’s personal attorneys, had not had to make so many visits to the house with a sachel of legal papers when the old gentleman’s rheumatism kept him indoors, she and Dirk might never have met. a a a THERE had been an interval that was painful for both the Harkfcr-ss children to remember.

Hizer was shot at Michigan and Belle Vieu street when he went with his brother-in-law, Hovey A. Woodford, Negro, who had been evicted, to see White in an attempt to regain possessions taken from Woodford’s home. Moved Out Furniture Woodford testified that White came to his home when only his aged mother was there, and, without serving a previous eviction notice, moved out all the furniture and clothing. The family, he said, remained in the house over night, but White came back the next morning and again ordered them out, pointed a gun at Woodford and threatened him. Woodford then went to Hizer for advice as how to get clothes returned for his children, so the family could move. Hizer and Woodford were advised by the storage company to see White, who operates out of the justice court of Edward Peck, 2242 >/ 2 West Michigan street. When they approached White in front of the justice’s office, the shooting occurred. Constable’s Story Denied Although White testified that the Negroes had cursed, him and struck him first, other witnesses declared that Hizer backed away from White for at least a half block before the shooting took place. Hizer said that when he went up to White and asked him about getting back clothes, White cursed him. He said that he didn’t know White was a constable, that White did not show his badge, and that he said nothing about putting him under arrest until after the shooting. Hizer admitted that after White had struck him with his gun, he hit White, and charged that White then yelled, “I’ll kill you.” reliefco-ordTn atTon COMMITTEE MEETS Purpose of Group to Aid Units of Community Fund. First meeting of a committee designed to co-ordinate work of all the city’s relief agencies was held Tuesday in the office of Mayor Reginald H. Sullivan. “The purpose of this committee is not to seek relief funds nor to compete with the Community Fund, but rather to assist the fund and obtain co-operation of all relief agencies, Mayor Sullivan announced. This central committee, which will be enlarged, will meet frequently to discuss efficient methods of handling relief. George P. Torrence is chairman. CAN NON DEFIES GLASS Court Intervention Charge “False,” Cowardly,” Says Bishop. By United Press WASHINGTON, Oct. 14.—Bishop James Cannon Jr. has challenged Senator Carter Glass (Dem., Va.) to prove his charge that he was party to an agreement by which a New- York broker convicted of fraud is alleged to have received a lighter sentence in return for protecting the bishop. Cannon flatly denied the accusation, and said Glass’ letter was “false, venomous and cowardly.” He invited Glass to put the statements in such form as to render its absolutely certain that he would be subject to a suit for libel. Hourly Temperatures 6a. m 63 10 a. m 63 7a. m 62 li a. m 65 Ba. m 62 12 (noon).. 68 9 a. m 63 1 p. m 69

Mary, a hopeless novice and bungler at typing, pitting her superior “advantages” against the experience of other girls and losing out often. Eddie tramping about after office boys' jobs and plainly relieved when he did not get them. At last, of course, there was the friend of a friend of a friend who knew of the children’s plight and knew also the Jupiters and their peculiar needs. Someone who belonged in that* world to which Mrs. Jupiter was a crass newcomer was just what she needed in a secretary. Later, when Mary had had to give up the small apartment 6he and her brother shared because her scruples interfered with his “life,” she had felt that life could only be Page 15)

INDIANAPOLIS, WEDNESDAY, OCTOBER 14, 1931

HELP OFFERED DEPOSITORS IN CLOSEDBANKS Judge Chamberlin Moves to Bring Receivers and Patrons Together. HOPES TO FREE ASSETS Opinions Would Be Sought on Advisability of Selling Realty. With millions of dollars tied up irassets and deposits of closed Indianapolis banks, and with no prospect looming for payment of dividends to depositors, Judge Harry O. Chamberlin of Marion county circuit court, will take a revolutionary step toward acquainting all interested persons with the true condition of affairs. Depositors in the defunct institutions, many of whom have their life savings tied up, are clamoring for information regarding status of the banks and prospects of an early dividend,/ Judge Chamberlin declared today. “I can find no fault with these persons and sympathize with them. To clear the situation, I am studying the following proposition, which I intend to submit soon to the several receivers,” he said. “It is my opinion that the depositors in these closed banks should meet to discuss the situation and appoint committees of three to five persons. Meeting Is Planned “On stipulated dates these committees are to appear in the circuit courtroom, when the receivers and their attorneys will be present to explain just what is the situation. Then the committees will report back to the depositors.” Judge Chamberlin pointed out that mosl of /he closed banks are in a bad position, with assets frozen. “While it is true that some of the real estate owned by the institutions is valuable, yet to sell the property at this time w'ould mean a 60 or 70 per cent loss. “If this could be presented to the depositors and their views learned, a policy for the liquidation of the banks could be formulated.” Preferred Claims Filed He pointed out that scores of preferred claims are being filed for collection. Every day persons come in to declare they have preferred claims upon assets of the bank, such as trust funds, he said. “If this court were to allow all these preferred claims, nothing would remain for the ordinary depositors. “If there was a prospect of stabilization of real estate in the near future, at anything approaching the valuation upon which the loans were made, the receivers would be in a position to know approximately what dividends could be paid, but as the situation is at present, I feel it advisable to sell as little of the real estate as possible. Wants Depositors' Opinions “In the opinion, the wisest course is to confer with the depositors on the question of holding or selling, for, after all, it is their money which is involved.” Judge Chamberlin said. Summarizing the evils of the banking situation in Indianapolis, he added: “The closing of the banks can be laid to the fact that there were too many real estate operators and bond salesmen in the city who wanted to be bankers.” Millions for Depositors By United Press PHILADELPHIA, Oct. 14.—Dr. William D. Gordon, state secretary of banking, announced today that prompt payment of $7,000,000 would be made to more than 125,000 depositors in three closed banks of the city. A 20 per cent dividend will be i made to the depositors of the i Bankers Trust Company, the Aldine Trust Company and the Darby Bank and Trust Company. The payments will be made through creation of a special liquidating private bank. In an effort to save the Integrity Trust Company and other solvent Philadelphia banks which have suffered tremendous withdrawals of deposits in the last two weeks, a group of Philadelphia banks have formed a credit pool. For the immediate use of the Integrity Trust Company, $50,00,000 was made available.

SUES DUE TO CLEAR Fair Weather Is Promised by City Bureau. After several days of rain and cloudiness, Indianapolis should have fair weather Thursday if the bureau’s prediction is upheld. Indianapolis, as the remainder of central Indiana, was covered under a blanket of rain Tuesday that totaled 1.05 inches, a record fall. However, temperatures will drop slightly tonight, but should rise again Thursday. During the last twenty-four hours, weather bureau records show only one degree variance in maximum and minimum mercury readings. The maximum was 62.9 Tuesday with a drop to 61.9 during the night. Other heavy rains reported. Terre Haute, 1.98 inches: Covington, 1.02; Edwardsport. 1.02; Decker, 1.22, and Crawlordsville, 1-58.

YES, WE HAVE ’EM Uh-huh, Bananas, Growing in City

t An

Rose Florence Lockwood, 6. poses with a sprig of home-grown bananas that, according to Expert Herbert Hollingsworth Lockwood (inset) could compete at any South American state fair with the best of native products.

IMAGINE a scene in any tropical country where bananas grow. That scene is duplicated at 936 Blaine avenue, Indianapolis. From Hoosier soil has sprung a banana tree that now is fullgrown and is loaded with fruit. The tree is in a hothouse, but that doesn’t make the distinction of owning it any less marvelous to Rose Florence Lockw’ood,, 6-year-old daughter of the hothouse proprietor. Rose’s brother, though, is the banana expert of the family. The research work of 13-year-old Herbert Hollingsworth Lockwood has earned him fame among juvenile admirers. - a a a HERBERT is a 'pupil in the 6B room at School 49. Teachers bring their pupils, a roomful at a time, to visit the hothouse. Herbert addresses them thus: “The banana plant is a native of all tropical countries. It has a soft herbaceous stalk similar to a tree trunk, with very large simple leaves. “The fruit is five or six inches long and the pulp is soft and luscious, and seedless, through long cultivation. Hundreds of varieties exist. “Incidentally, this bunch you see here isn’t on a freak tree, because nature intends that bananas should point up w’hile they grow. “This bunch here seems strange because you see them hanging in grocery stores with the fruit slanting down. The grocer, for his own convenience in removing the fruit from the stalk, always hangs the stalk upside down.” SPANISH RULER QUITS Zamora. Steps Down as Head of Provisional Government. By United Press MADRID, Oct. 14.—Niceto Alcala Zamora, head of the provisional government, and Miguel Maura Y Gamazo. minister of the interior, handed in their resignations today.

BOYS DRUNK IN SCHOOL; TWO ARRESTED IN RAID

Three young boys Tuesday afternoon staggered into their high school classrooms at Edgewood in such intoxicated condition that one of them sank into a drunken stupor w’hile being questioned by the principal. Boys of the school, on immediate investigation showed, had purchased liquor at a neighborhood dive for 15 cents a drink. Wayne Scott. Edgewood barbecue stand owner, and Clarence Reese. 1541 Eppler avenue, were identified by the three intoxicated boys, 14, 15 and 16 years old, as the men who sold them booze. Both men were arrested by deputy sheriffs on blind tiger charges.

‘Cannonball’ Has the Speed, but He Can’t Pass This Cop

WHEN “Cannonball” Baker, holder of several trans-continental automobile and motorcycle records, drives in Indianapolis, the police “are always on him.” That was what “Cannonball” said today when he was taken to headquarters to face charges of failing to carry driver’s license and for driving through a preferential street. "Cannonball,” whose name is Ervin C. Baker, of 902 Garfield drive, argued with a motorcycle policeman, and that’s what got him in bad. The officer, Walter Bennett, stopped “Cannonball” at East and Market streets. Bennett said he told Baker he had passed the preferential street. “Aw, that's all right,” Bennett quoted “Cannonball” as saying. “I have a badge.” Bennett said “Cannonball’’ flashed a Los Angeles fire chief's badge.

COUNTY TO ASK FOR STATE AID Part of Road Fund May Be Used for Local Jobs. Determined effort to obtain the expenditure in Marion county of at least $50,000 of the $750,000 to be used by the state highway commission in providing employment for the unemployed through highway work, will be made by county commissioners, it was decided today. Bruce Short, county surveyor, has been asked to look over the various county roads in order to ascertain those upon which funds for maintenance work can be solicited from the highway commission. An attempt to have fifteen or sixteen such roads designated will be made by the commissioners, ac-? cording to the chairman, George Snider. Use of state funds from the maintenance fund, to provide emergency employment, was recommended to the highway commission some time ago by Governor Harry G. Leslie. “If we could get the $50,000 it w’ould cut dowm our township relief expenditures and provide employment for many men who are sincere in their desire to get work,” Snider said. HOOVER TO GO ON AIR President Will Add Voice to Support of Relief Fund Drive. By United Press WASHINGTON, Oct. 14.—President Hoover will address the nation over the radio next Sunday night in support of the Gifford employment committee’s campaign to aid local drives for relief funds, It was announced today at the White House.

Deputies said they had found four quarts of beer and a pint of white mule in the barbecue stand. After questioning by S. H. Brewer, acting principal of the Edwards school in Edgewood, the three boys agred to take the officers to the barbecue stand. They pointed out who, they said, sold them liquor Monday and Tuesday, and Reese, from whom they charged they bought drinks last week. Scott asserted that he only recently had bought the stand from Reese. The boys, who were released, will testify against the alleged liquor vendors.

“That won’t do you any good here,” Bennett said he told the noted driver. Bennett said he then wrote a “tag” notifying Baker to appear at traffic headquarters. “Well, this’ll go in the waste basket,” Bennett said Baker told him. Bennett then ordered “Cannonball” to headquarters. At headquarters, Baker appealed to Lieutenant Frank Owens, head of the police accident prevention bureau. He was politely denied “aid,” Lieutenant Owens said. When “Cannonball” was slated, he refused to give his age. “I’m old enough, if that’ll answer the question,” Baker declared. He is a permanent resident of the city.

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

DEFENSE CALLS THRONG OF WITNESSES IN BATTLE TO CLEAR MRS. SIMMONS Attorneys Hammer Persistently at Horace Jackson in Effort to Brand Him Picnic Killer. WOMAN CLAIMS SHE BOUGHT POISON Rushes Into South Side Drug Store, Declaring She Was Purchaser; Pharmacist Denies Her Story.

After a series of mysterious events in Indianapolis this afternoon, it was believed that anew defense witness in the Simmons murder case had ben spirited to Lebanon and a purported investigator was held by police for questioning. Miss Louise Robinson of Bargerville this morning rushed into the pharmacy of Charles W. Friedman, 1002 &outh Meridian street, and shouted that she was the woman who bought strychnine from him, June 18. Friedman, who denied she is the woman, already has identified Mrs. Carrie W. Simmons, alleged poisoner of her daughters, as the strychnine buyer, before a Boone county trial jury. As Miss Robinson returned to her parked automobile, where her sister, Miss Ethel Robinson, set, an unidentified man persuaded her leave in his car. Police Reach Scene After waiting more than an hour, Miss Ethel Robinson grew alarmed. Police found her and shortly after they arrived Lawrence Kirkpatrick met her at the auto. He was identified by her as the man who accompanied her sister from the scene. Kirkpatrick, at first refusing to talk to detectives, later was reported to have told them he was a paid investigator for the defense in the Simmons pase and that Miss Louise Robinson was en route to Lebanon. Kirkpatrick gave his address as 4806 East Washington street. At police headquarters, Miss Ethel Robinson told authorities she could not explain the absence of her sister, although other persons near the drug store said the purported investigator had pleaded with her to "go to Lebanon with me.” Druggist Stands Firm Friedman said he was alone in the store when Miss Robinron entered. “I’m the w’oman who bought that strychnine from you,” he said she shouted. Friedman said she was not the woman and that he does not intend to change his stand that Mrs. Simmons was the poison buyer. Reports that Miss Robinson had been taken to a downtown doctor’s office proved false, although a so*> of Charles Tindall, defense attorney, and Dr. U. G. Lipes left hurriedly from his office at 426 State Life building. Former Simmons Neighbor Tindall’s son attempted to question a Times reporter as to his presence in the building and “what do you know about this?” It was reported the physician also was taken to Lebanon. Other reports received at police headquarters indicated the “investigator” formerly was a neighbor of the Simmons family. DENY OGDEN’S PLEA ON STATEHOUSE CLEANING Sallee Need Not Split Up Suit for Receiver, Court Rules. Motion of Attorney-General James M. Ogden to have Guy D. Sallee, city contractor, separate the paragraphs in his suit for a receiver for that part of the Governor’s emergency fund to be used for paying for the cleaning of the statehouse, was overruled today by Judge Joseph Williams, superior room three. The motion tor separation of the paragraphs was based on the theory that different principles of law are involved. Governor Harry G. Leslie, Frank Mayr Jr., secretary of state; Floyd Williams, state auditor, and various other state officials are named in the suit. Sallee charges that although he made a bid of $35,000 for the contract. it was awarded to the Ciry cinnati Building and Cleaning Company for $64,000 and therefore a receiver should be appointed to handle the funds.

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BY STAFF CORRESPONDENT LEBANON. Ind., Oct. 14.—Supported b ya ruling of the court, defense attorneys in the murder trial of Mrs. Carrie Simmons, alleged poison slayer of her daughters, today reopened their attack on Horace Jackson, Hancock county farmer, intimating he may be the poison murderer. When the state objected to testimony of Harry Short, New Palestine druggist, who, it is reported will claim Jackson bought strychnine from him Judge John W. Hornaday ruled out the objection. "In a trial of a case of this kind ft is proper that the defense try to show that some other person may reasonably have been considerad as having committeed this act,” he declared. The defense apparently is trying to show that Jackson committed the offense. "I’m not expressing any opinion on the truth or falsity of the evidence. This evidence is to show If there is hypothesis that some person other than the defendant committed this crime.” Short was to tell his story this afternoon. Told of Crows Dying Miss Louise Moffett, 20, picnic guest, said on the stand today that she was with Jackson the day following the picnic when he was stricken by the poison. She said she aided in the housework. Jackson, she asserted, said he was positive the children died from strychnine when she suggested perhaps the capsules did not contain the poison. “He said the children died from eating the poison and that he and Charles Davis, a farmer, had put strychnine on corn and watched crows fall dead in similar manner,” she told the jury. Mrs. Charity Simmons, 82. one of the honor guests at the tragic picnic, said she saw Jackson two weeks before the outing and he told her he had “a bad cold from lying on the ground, watching Davis poison crows.” She testified Jackson told her: “Maw, they were trying to get you and they'll get you yet.” From every corner of Hancock county today came witnessses who will aid the defense in building its fortification against the state's charges against Mrs. Simmons. Denies He Was Paid As witnesses testified that Mrs. Simmons asked regarding the care her daughters were receiving at ; the Lebanon hospital, and cried at times during her stay at the i hospital, the state hit at establishment of her devotion with severe cross-examination of each witness. Prosecutor Ben Scifres and Spe- , cial Prosecutor Roy Adney were quick to interpose objections "to any testimony that savored of hearsay. Lon Faulkinbury, Lebanon barber, bore the brunt of the state’s fire on | cross-examination when he recited | Jackson’s alleged remark at the | fatal picnic. “Were you paid anything for that I testimony?” Scifres shouted at : Faulkinbury. “No,” retorted the barber. “Did you tell the grand jury of your statement,” questioned Scifres. “I never thought of it before the grand jury,” retorted the barber. “Who did you first tell of Jackson’s remark?” Scifres asked th* absent-minded barber. “I told my wife.” Told Judge Parr “And next?” asked Scifres a-la-barber style. “Judge Parr,” answered the witness, as he looked at the defense table and W. H. Parr Sr., counsel for Mrs. Simmons. “That’s all,” dismissed Scifres abruptly. Earlier. Faulkinbury admitted that he reported for witness duty at the Boone county courthouse several days in advance of taking the stand, that he might confront Jackson with his own words. He said Jackson and his wife denied that the words had passed between them as Jackson lay on the picnic ground, ill from poison. Dr. O. C. Higgins of Lebanon, related Tuesday and today how Mrs. Simmons asked as to the condition of her daughter. He testified*she had a kerchief in her hand and seemed tearful as she talked to him at the Lebanon hospital. “Scoop” Is Established As the state closed its case, the defense firmly established the fact that a newspaper “scooped” its competitors in bringing Charles W. Fiermand, Indianapolis druggit, to the witness stand, positively to identify Mrs. Simmons as the*purchaser of sixty grains of strychnine three days before the death of her daughters. Charles Tindall, defense attorney, threatened to “skin the hide.” on the witness stand, of the reporter responsible for bringing Friedman to Lebanon to identify Mrs. Simmons.

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