Indianapolis Times, Volume 43, Number 139, Indianapolis, Marion County, 20 October 1931 — Page 1

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JAPAN YIELDS; PEACE HOPES ARE BRIGHTER Opposition to U. S. Observer at Geneva Parley Is Withdrawn. TRIUMPH FOR ENVOY Ambassador to Washington Swings Tokio to His Point of View. BY JOSEPH H. BAIRD United Press Staff Corresnondrnt WASHINGTON, Oct. 20.—A diplomatic drama ended happily Monday night, when Ambassador Ktsuji Debuchi of Japan brought Secretary of State Stimson tidings from the Tokio foreign ofTice that it no longer opposed American representation on the league council at Geneva. Debuchi’s message meant that Prentiss Gilbert, American counsul at Geneva, could continue his efforts in the league council to bring peace to Japan and China without feeling that he was an intruder. But it meant more. It meant that the Japanese ambassador in Washington had taken a long chance—and won. There is drama in diplomacy as well as in war. On a concealed stage, Debuchi, for nearly a week, had been the central figure in a play, the ending of which could not be foretold. He had staked his reputation on his judgment. Stakes All on Opinion Tokio believed Gilbert had no right in the league council. Debuchi, it is said, disagreed, because he believed the United States was impartial, and anxious to work with Japan for peace. He told his foreign office what he thought, and in frank language. To those who knew the ways of foreign offices and diplomats, Debuchi’s action had two possible effects: The smiling, diminutive envoy, they felt, soon would be a diplomat of increased prestige—or an ex-diplomat. Today he still is Japanese ambassador to Washington. Tokio, however, has not yielded its basic contention—that the league council's action in inviting a non-member country to its deliberations was juridicially wrong. Debuchi made that plain to Stimson. He told the secretary that Japan’s representative in Geneva would continue his fight against the legalistic validity of the league’s action. But there will be no resentment of Gilbert’s presence. To that Japan agrees cordially. Fighting Planes Withdrawn Debuchi had other good news for Stimson. Japanese fighting planes —which intensified Chinese resentment recently by bombing Chinchow—have been withdrawn into Korea, he said. So has a small detachment of land troops. The ambassador did not minimize the difficulties of meeting the Chinese demand to withdraw all Japanese troops from Mancnurian towns, where they are protecting Japanese civilians. Japan contends this can not be done until Chinese resentment has cooled and Japanese nationals are safe. Yet the ambassador found reason for h->pe in the fact that there has been no fighting in Machuria for five days. Ten days more of such quiet, he thought, measurably would ease the present tension. Debuchi reported other favorable trends toward peace and stability in Manchuria. Banka are reopening, he said: most of the railroads are running; arrangements are being made to reopen the Mukden wireless station. Charges Japanese Seizure In the wake of these favorable reports, however, came a statement from the Chinese legation, quoting Robert E. Lewis. American Y. M. C. A. secretary now in Manchuria, as charging that “the rape of Manchuria is nearly completed by the Japanese army.’’ Lewis’ allegations were forwarded here by the Chinese government. As quoted by the legation, Lewis said Japanese forces had advanced into Chinese territory 239 miles outside the South Manchurian railway treaty zone. Lewis’ information, the message attributed to him said, was founded on what he saw personally and what he heard from neutrals and other informed persons. •‘The Japanese army,” the message said, "is feverishly consolidating its hold on all principal towns in Manchuria outside the railwayzones northward, including Kirin and Taouan, and from Korea on the east to Mongolia on the west. Tries to Influence Princes “The Japanese army is trying to induce the Mongolian princes to sign away their rights and to set up an independent government under Japanese protection. “The Japanese have seized and impounded the major Chinese bank reserves, deposits, corporation records and industrial as well as military supplies of large proportions. “The Japanese censor all press dispatches and we have proved cases w here the censor changed the meaning to the exact opposite intended by the neutral pressmen.” ZEP CROSSES WITH 17 Giant German Dirigible Is Moored to Mast at Brazil. By United Press RECIPE, Pernambuco, Brazil, Oct. 20.—The Graf Zeppelin was moored here today after completing a commercial flight from Friedrichshafen with seventeen passengers aboard. The Zeppelin arrived Monday night at 9:35, commanded by Captain Ernst Lehmann.

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The Indianapolis Times Generally fair tonight and Wednesday; slightly warmer tonight.

VOLUME 43—NUMBER 139

THOUSANDS, HEADS BOWED IN SORROW, PASS EDISON BIER

Asia’s Cockpit Japan is on the march in Asia, her eyes fixed on a goal toward which she has struggled for 2,000 years. That goal is a firm foothold on the Asiatic mainland, with Manchuria as the first prize. She has taken Korea, Formosa, half of Saghalien, and now is in Manchuria. And after Manchuria, she will cast covetous eyes on Siberia. Her ambitions may mean war, or a series of wars, but Japan is willing to wage them, if she can expand and find room for her crowded, teeming millions to live. It is a fascinating story, this one of the Far East, and it is told vividly by William Philip Simms, foreign editor of the Scripps-Howard Newspapers, in a series that will start on Wednesday in The Times. It is history that is more interesting than fiction, and it’s timely, with the nations of the world wrestling with the Chinese-Japanese peace problem in Geneva today.

$168,178 IS IN FUND COFFERS Special Donations Give Drive Flying Start. With one-fourth of the Community Fund special gifts division quota already raised, Fund workers today prepared to open the general campaign Friday for a goal of $1,043,686. The special gifts division, in advance solicitation; has raised $168,178, equal to 24 per cent of its quota of $682,186. Largest subscriptions reported by the division was one of $75,000 contributed by employes, active stockholders, and the corporation of Eli Lily & Cos. L. S. Ayres & Cos. contributed $20,000, increase of $4,000 over last year, it was reported by J. K. Lilly, division chairman. Subscription of $15,000 by the Indianapolis News, increase of $7,250, and contribution of $11,500 by the Acme-Evans Company and stockholders, increase of $3,500, also were announced. The latter three subscriptions do not include employe pledges to be sought during the general campaign, it was reported. Twenty-nine employes of the Metro -Goldwyn-Mayer Distributing Corporation will disp’ense with their annual dance and donate the cost of the social event to the Community Fund, H. A. Wagner, president of the company club, announced. DEATH TRIAL ENDING Brownstown Murder Case to Reach Jury Wednesday. I'.n United Press BROWNSTOWN, lnd., Oct. 20. Three hours each were alloted today for the defense and prosecution to present their final arguments in the trial of John and Pleas Spurlock, charged with the murder of Patton Gibson, 69. For the second consecutive day, opening of the morning session was delayed. Since arguments did not begin until 11 o’clock, it appeared unlikely that Judge Branaman would begin his instructions to the jury before Wednesday. The jury probably will receive the case at noon Wednesday. E. C. Mitchell and Thomas Branaman, son of Judge Branaman, presented arguments for the defense. Frank Huston, prosecutor, and A. T. Drinnon, Morristown, Tenn., offered the state’s final plea. TOW-IN DEPARTMENT PLAYS NO FAVORITES High and Low They Must Pay Up, Is the Ruling. From all appearances, the traffic department is enforcing the order that there are no favorites when it comes to impounding of cars parked improperly. Late Monday night a motorist asserted to police he parked his car properly on Capitol avenue near the statehouse. He stressed the point that he had noted his car did not extend into a nearby no-parking | space.. He learned his car was impounded ; when he returned for it. But, despite his protestations, he j paid the traffic department $2. He was Municipal Judge Thomas E. Garvin. SCHOOL ’LEGGER JAILED Given Two-Month Sentence for Selling to High School Girls. i Bn United Press CHICAGO, Oct. 20.—James McNulty, 21, started today serving a : two-month jail sentence for selling liquor to high school girls. The youth was convicted on the ; testimony of Ruth Hughes, 15, and Mildred Bryan, 17, both students of Hyde Parke high school. “He always had an ice box full of liquor and was free with it,” Miss Bryan testified. She said girls from the school often stopped at McNulty's flat to smoke cigarettes and buy drinks. Aside from that, she said she nqyer saw anything improper there.

Wednesday Services to Be Private; Cities to Be Dark as Tribute. BY DELOS SMITH, United Press Staff Correspondent WEST ORANGE, N. J., Oct. 20. The well-worn path to the laboratory of Thomas Alva Edison became more worn today, as thousands visited the room where the body of the inventor lies in state. The lines that showered more than 10,000 cables and telegrams of condolence on the Edison family, also were heavily burdened with orders on local florists for flowers. It was estimated that the value of flowers already received would exceed SIO,OOO. When the library doors were opened at 7:30 a. m., thousands of people w-ere waiting. Before they j had passed the casket, hundreds more had arrived to start the stream that was to flow through the room. Widow Attends Service Mrs. Mina Miller Edison, the w-idow, accompanied by her sister, Mrs. Haber Hitchcock of Pittsburgh, and her son Theodore, visited the library to witness a memorial service of the West Orange American legion post over the casket. An American flag was draped over the bier during the brief ceremony. Edison’s body will lie in state until 11 p. m. The doors then will be closed and the casket will be carried to the Llewellyn park mansion, a mile away, where Edison died eay *~"nday./ There funeral services will be held at 2:30 Wednesday afternoon, with only members of the family and his close personal friends, including Henry Ford and Harvey Firestone, present. The Rev. Dr. Stephen J. Herben (Methodist Episcopal) will conduct the services. At the foot of Edison’s bier today, heavily draped in mourning, were the invalid chair, the crutch, and the cane of John Ott, 81, who had worked with Edison for more than fifty years. Ott died early Monday from the shock of his master’s death. He had been an invalid for five years. Memorial Is Urged The Edison family has received hundreds of suggestions for an Edison memorial which eventually would be the permanent burial place for the inventor, a spokesman revealed today. These suggestions include every form of a shrine from a marble monument in Washington to a beacoh on Eagle Rock, the highest point in north New Jersey, which would rise over a mausoleum and have at its apex a ball of electric light, symbolizing Edison’s most famous invention. It is understood that Edison’s burial in Rosedale cemetery Wednesday will be only temporary, with permanent burial later at a national shrine. Cities to Be Darkened The world, to whose progress, comfort and efficiency Edison’s inventive genius contributed, today sought a tribute commensurate with his services. Plans were made to switch off every light in the state of New Jersey for one minute Wednesday night in memory of their inventor. In New York, Mayor James J. Walker was expected to call for a similar observance —darkening millions of bulbs on gay Broadway, as well as other city lights, for sixty seconds. Detroit planned to stop all street cars and busses and municipal activities for a minute, and Washington street cars will cease running for two minutes. Flags throughout New Jersey and in New York were flown at half staff today. They will remain lowered until after the funeral Wednesday. Indianapolis Plans Tribute Wheels of transportation will be stilled and electric lights dimmed in Indianapolis Wednesday, as the city pays tribute to the memory of Thomas A. Edison. For one minute, starting at 1:30 p. m., all busses and street cars will halt &nd employes of the Indianapolis Street Railway Company will pause in their work. At 2, employes of, the Indianapolis Power and Light Company will stop work for two minutes, and at 10 p. m., the city’s lights will be dimmed for a minute in memory of their inventor. Plans for the observance were ahnounced by James P. Tret ton. Street Railway Company superintendent, and Clifford Harrod, power company head. M’ D ONALD lIS HECK LED Audience Interrupts Political Speech by Singing Red Song. By United Press WORKSOP, England, Oct. 20. Premier J. Ramsay MacDonald was greeted with disorderly interruptions during a speech in behalf of his son, Malcolm, at a political rally here today. A section of the audience sang the “Red Flag.” GIRL, 3, HIT BY AUTO Child Is Bruised When She Steps Into Middle of Street. Climbing out of her father's automobile while he was in a grocery, Marian Meek, 3, daughter of Torrance Meek, 1618 College avenue, stepped into the street and was bruised today when struck by an automobile. The child's father and the driver of the other car, whose name police did not obtain, _Jook the injured girl to a physician.

INDIANAPOLIS, TUESDAY, OCTOBER 20, 1931

HEALTH BOARD MAY FIND JOBS FOR HUNDREDS Ogden Ruling Gives Power to Overrule Decisions of City Heads. WORK CAN BE ORDERED Broad Ripple Project May Be Started Soon Under Latest Decision. BY DANIEL M. KIDNEY Orders of the state board of health may be used to provide public pay rolls for the unemployed in Indianapolis by forcing saintary district construction amounting to more than $500,000 and employing several hundred common laborers. This possibility loomed today as the result of an opinion on the state health board’s power given Dr. William F. King, secretary, by Attorney General James M. Ogden. In the opinion, Ogden set out that the state board of health has the power to order sanitary improvements in Indianapolis, regardless of any opposite stand that may be taken by the city sanitary commissioners or the Indianapolis board of health. Power Was Questioned King explained that power of his beard in these matters has been questioned by city officials for some time, and he wanted to get it straight before he issued any orders. Among the orders that would offer a public works program for the city would be an order to carry out the long-pending Broad Ripple interceptor sewer project and completion of the sewage disposal plant, King declared. “Here are two projects that could be done at less expense than at any time in the long history of planning for them,” he asserted. “With a little thought and foresight the Broad Ripple sewer construction could be no end of benefit to the unemployed. Much of the work could be done by hands and, while this may be somewhat more expensive than the use of all the type of machinery, it would mean taking people off charity lists and rebuilding their self respect through work. “Public works of this nature are sound investments. Project Badly Needed “Not a cent need be expended for them from current tax levies. The work can be carried on by bond issue, and bonds can be sold at a premium now and carry the lowest rate of interest in the history of this community. “Not a cent will need be expended from tax levies for at least two years, and then we certainly should j be able to meet such interest pay- ' ments as are necessary. I “If we are not out of the depresi sion two years from now, we never i will be.” King also asserted that the sewage disposal plant completion is needed badly and not a wheel has turned there in this matter for more than four years, although plans long have been awaitihg action. This project also can be financed by bond issue and will aid greatly the local public works program, he asserted. PUTS OJUJN AKRON Navy Chief Also Authorizes Sister Dirigible. Bn United Press WASHINGTON, Oct. 20.—Secretary of Navy Adams today approved the acceptance by the navy of the dirigible Akron. He also authorized the Goodyear Zeppelin Company of Akron, 0., to proceed immedia.3ly with construction of the ZRS-5, sister ship to the Akron. Hourly Temperatures 6a. m 47 10 a. m 62 7a. m 47 11 a. m 67 Ba. m 51 12 noon ....71 9a. m 55 Ip. m 71

BANK BANDIT IS KILLED; KIDNAPED CASHIER SLAIN FOR REVENGE BY PALS

By United Press MENOMONIE, Wis., Oct. 20.—A kidnaped bank cashier was slain by three rage-crazed bandits today in revenge for the killing of one of their companions as they fled from the Kraft State bank, after a $7,000 holdup. The dead were James Kraft, assistant cashier, and a bandit tentatively identified as “Dudley.” Their bodies were thrown from the fugitives’ automobile six miles south of Wheeler. The machine continued speeding westward, with posses in pursuit. Another victim of the bandits’ gunfire was William H. Kraft, 24, another assistant cashier of the bank, who was wounded during the holdup. The four robbers descended on the bank as it opened for business. One stepped to the door and remained on guard there while the other three entered. The two went through the cash drawers and the vault*. They apparently were disappointed at ob-

Bodies of Two Women Found in Trunks; Indiana Girl , Wife of Doctor, Sought as Killer

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Photographs found in the trunks, that contained the bodies of two women discovered by poliae in the baggage room of the Southern Pacific Railroad station in Los Angeles Monday, caused the authorities to try and identify the bodies by this

SOUP KITCHEN IS CONDEMNED Hoover Aids Wage Attack on Bread Lines. By United Press WASHINGTON, Oct. 20.—Bread lines, soup kitchens and other spectacular forms of relief were condemned today by the President’s organization on unemployed relief, as destructive of the independence and self-respect of the unemployed. Distribution of food and clothing should be private and with a view to individual needs, a resolution adopted by the committee on administration of relief said, adding that the unemployment situation is a “major crisis that requires the active participation of all public and private corporations.” The committee refused to handle surplus cotton and wheat held by the federal farm board, on the ground that this was outside its field. It did not, however, oppose such measures by regular relief organizations. Bread lines and soup kitchens, conducted as a form of advertising by commercial organizations, were denounced as “objectionable” and the committee said “they should be condemned by public opinion.” Fred C. Croxton is chairman of the committee. ALLAN HOOVER STARTS ‘AT BOTTOM’ IN BANK President’s Son Is at “Lower Clerical’ Position in West. By United Press LOS ANGELES, Oct. 20.—Allan Hoover, younger son of President Hoover, went to work today in “a lower clerical position” in the Security First National bank of Los Angeles. „ The chairman of the board of directors of the bank is Henry M. Robinson, a political and personal friend of the President. He said young Hoover “started at the bottom,” of his own desire and that his promotion will depend upon his own industry and ability. “Allan Hoover has been employed because we believe he meets the qualifications of this bank as to education, character, personality, health and ambition.” said Herbert H. Smock, vice-president of the bank, in a formal statement. Two Bound to U. S. Jury Two men charged with liquor offenses were bound to federal grand jury today by United States Commissioner Howard S. Young, who released them on bonds of SI,OOO each. They were George C. Whitley and William G. Downing.

taining only $7,000. One of them turned on William Kraft and demanded more money. Kraft replied there wasn’t any more. “You’re lying,” cried the bandit. Kraft protested that he was telling the truth, but the bandit aimed his pistol at the assistant cashier and fired. A crowd of fifty persons had gathered in the street outside the bank. The fourth bandit kept the area in front of the institution clear by shouting warnings and occasional bursts of sub-machine gunfire. He covered the retreat of his companions to the automobile, then joined them. In escaping, the trio inside the bank seized Mrs. A. W. Schafer, one of "the employes, and used her as a shield. They also took James Kraft along. Mrs. Schafer was released at the door. At least two persons fired shots after the automobile as it sped away. One of these shots was believed to have struck the slain bandit.

means. Police are trying to identify photo on left as that of Mrs. Agnes Leroi, nurse, and the one on right as that of Miss Hedvig Samuelson, school teacher, reported as missing in Phoenix, Ariz. These photos were sent to Chicago from NEA and The Times Los Angeles bureau by telephoto.

Nurse and School Teacher Slain in Phoenix; Suspect Has Vanished. BY GEORGE H. BEALE United Press Staff Correspondent LOS ANGELES, Oct. 20.—A slight and petty blonde, said by police to have murdered two former girl friends and then to have calmly ridden here from Phoenix on the same train with the two trunks and a suit case in which she placed their bodies, was hunted throughout the southwest today. She was Mrs. Winnie Ruth Judd, 27, daughter of an Indiana minister, described by her husband and a brother as a woman of “great temper and no nerves.” Authorities held her responsible for slaying Miss Hedvig Samuelson, 25, jobless school teacher, and Mrs. Agnes Ann Leroi, 27, in Phoenix and then bringing their bodies, one dismembered, to Los Angeles in two trunks and a suitcase. Her brother, D. J. McKinnell, 20, University of Southern California senior, was said by police to have told them Mrs. Judd confessed to murdering the women “for a good cause.” Relatives Are Held McKinnell was held here as a material witness, as was the woman’s husband, Dr. William Judd, formerly of Phoenix. Both denied any association with the slayings, although young McKinnel admitted, according to police, that his sister sought his aid here in disposing of the bodies “in the ocean.” The killings had been done in Phoenix, Ariz., according to information the authorities quickly gleaned after they found the bloody baggage here Monday. The body of Miss Samuelson had been dissected in expert fashion. Parts of the corpse were found distributed in the three pieces of baggage. The body of Mrs. Leroi, who roomed with Miss Samuelson, and who had been her companion earlier in Alaska, was not mutilated. Bullets apparently caused death. Authorities trailed two women on a train bound for Phoenix today, but when the train arrived at Phoenix, they found no trace of them. With the train clew exploded, the search for Mrs. Judd swung to McKinnell’s cabin in Beverly Glenn canyou, near Los Angeles. Find Clews in Cabin Officers found th%s the cabin had been occupied in the last few hours, but neither Mrs. Judd nor her mysterious companion was there. Remnants of pie and sandwiches, still fresh, were found. McKinnell denied h ehad been to the cabin recently. Meantime, they had held her brother and obtained from him what they claimed was her story that she had killed the women. McKinnell, a 20-year-old student, was questioned for hours before the alleged statement was obtained from him. What the “good reason” mentioned by McKinnell may have been only could be imagined, for he had not revealed anything tangible. The only clews the police had were that the two dead women had been neighbors of Mrs. Judd in Phoenix. Moreover, according to (Turn to Page 2)

Bowery Calls By United Press ABOARD ILE DE FRANCE, Oct. 20.—Premier Pierre Laval of France hopes to visit New York’s east side and Park avenue, Wednesday night if the lie de France keeps ahead of schedule. The liner is seven hours ahead of schedule today. The premier indicated he wanted to make incognito trips in America’s largest city to “see the extremes” of the city, as well as its industrial districts. He intimated he might halt in New Jersey, probably at Newark, on the way back to France from Washington. He wants to enter New York City via the Holland tunnel, which route also would take him through Jersey City.

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

KILLER SUSPECT IS EX-HOOSiER Woman Was Sunday School Teacher at Darlington. By United Prefix DARLINGTON, Ind., Oct. 20. Mrs. Ruth Judd, sought by west coast authorities in connection with the murder of two women in Phoenix, Ariz., formerly taught a Sunday school class in the Free Methodist church here, where her father was a minister. The Rev. H. J. McKinnell, Mrs. Judd's father, now is on a pension, having recently completed forty years’ service in various Indiana pastorates. His wife, who lives with him in their modest home here, has been an invalid for three years. “We hear at least once each week from Ruth,” Mr. McKinnell said. “Just last Friday or Saturday we got a letter from her saying that everything was well.” Mrs. Judd was married to Dr. William E. Judd in Lafayette, six years ago. Mr. Kinnel said Dr. Judd never has visited at their home in Darlington. “Ruth hasn’t been home, either, for five years,” the elderly minister said. “She said in a letter not so long ago, though, that she would try to come home soon.” Immediately after their marriage, Dr. and Mrs. Judd went to Mexico. Dr. Judd was physician for a mining firm there. After a few years they went to Santa Monica to live with a sister. SUMMON DEPOSITORS Receivers Call Parleys on Defunct Banks. Initial steps by depositors of three defunct Indianapolis banks to consult with receivers in liquidating assets totaling millions of dollars, under a plan originated by Circuit Judge Harry O. Chamberlin, will be taken this week. Depositors of the defunct State Savings and Trust Company will meet Friday night in circuit court with Eben H. Wolcott, receiver. An advisory committee will be named to work with Wolcott. More than 8,000 depositors will be affected by the action. Depositors of the defunct Washington Bank and Trust Company will meet with Brandt C. Downey, receiver, in circuit court Oct. 28. Depositors in the defunct City Trust Company will meet Oct. 30 in the courtroom. Judge Chamberlin will be present at each of the meetings. HOOVER DENIES SNUB President Regrets “Misunderstanding” With Annapolis Mayor. By United Press WASHINGTON, Oct. 20.—President Hoover had no intention of “snubbing” the mayor of Annapolis last Saturday, it was learned at the White House today. The President, it was said, regrets the “misunderstanding” by which a welcoming committee, headed by Mayor Quenstedt, was ignored and left standing hat in hand in the middle of the road. By United Press ANNAPOLIS, Md., Oct. 20.—The Naval Academy was out in force and dress uniform today when President Hoover passed through after his week-end on the battleship Arkansas, but the mayor of Annapolis stayed away. edge" "to" sail for u. s. Ambassador to France Coming Home; Won’t Discuss Senate. By United Press PARIS, Oct. 20.—United States Ambassador Walter E. Edge and Mrs. Edge will sail for the United States Wednesday on the liner Aquitania. The ambassador declined comment on the possibilities of succeeding Dvight W. M“rrow as United States senator from New

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DEFENSE CASE IS RIDDLED AT POISONTRIAL Sister-in-Law of Suspect Clears Farmer, Target of Insinuations. UPHOLDS STATE’S STORY Mrs. Simmons Showed No Emotion in Tragedy, Relative Says. BY STAFF CORRESPONDENT LEBANON, lnd., Oct. 20.—From a defense witness, a sister-in-law of Mrs. Carrie W. Simmons, state's attorneys today drew testimony to strengthen charges that the Hancock county farm mother is the poison slayer of her daughters. Mrs. Joanna Simmons, sister of the accused woman's husband, sobbed at times as she related incidents before and during the fatal picnic here June 21. She damaged the intimations that Horace Jackson, Hancock county farmer, might be the poisoner, and by her testimony cleared Mrs. Fannie Cook, 82, of Lebanon, of defense attacks that she did not see Jackson most of the time before the picnic. Miss Simmons also was questioned to substantiate the state’s claim of Mrs. Simmons’ cold-bloodedness, and the charge that the strychnine capsules in the sandwiches at the picnic were swollen and not entirely dissolved. Clears Two by Evidence Miss Simmons told the jury of farmers that Mrs. Cook was on her porch while Jackson read a paper beneath a tree in the yard of W. H. Pollard before the outing. She related how Jackson went into the house and conversed with Pollard some time before the picnic group assembled at Memorial park. It was in the Pollard home that Miss Simmons said she and the defendant showed flowers they had picked to Jackson. The defense contended Mrs. Cook did not remain on her porch, but ! was in the rear of her home Twice during the morning of the picnic, although she had stated she aid not quit the porch until the picnic group left. It was before the Simmons family arrived, and after Jackson had gone into the house, that Mrs. Cook was on her back porch and in the rear yard, Miss Simmons testified. Mother Looked Worried The defense, in its drive, has intimated that Jackson might have inserted the poison capsules in the sandwiches, which were packed in the Simmons car before the picnic. “Mrs. Simmons looked terribly worried at the picnic,” Miss Simmons testified. “She did not cry at the picnic grounds or the hospital during the illness and deaths of Alice Jean and Virginia. I did see her cry some at the funeral. “I looked at one of the capsules in the sandwiches and it was swollen.” State's attorneys have introduced expert medical testimony to show that if the capsules had been placed j in the food at the Simmons home, near Greenfield, several hours before the picnic, they would have been swollen and possibly the ends broken. Bolsters State Contention The testimony forced the defense to give ground and counsel for Mrs. Simmons still had to account for forty minutes of Mrs. Simmons’ time in Indianapolis, June 18, three days before the picnic. The state charges Mrs. Simmons bought strychnine in a south side Indianapolis pharmacy that morning. Miss Simmons cried and sobbed as she told how Alice Jean “looked horrible” after eating the food. “I asked the girl if she were ill, but Mrs. Simmons said She’s more worried about me than herself’,” the witness said. Miss Simmons said the defendant told her she was “sorry the capsules were found in my sandwiches.” Walling in an alibi for Mrs. Simmons, to show that she could not have purchased poison June 18, the defense called three Indianapolis persons Monday who accounted for all except forty minutes of the farm woman’s time in Indianapolis on that day. Forty Minutes Are Vital But those “forty minutes” are the most vital to the alibi, for they range from approximately 9:30 of June 18 to 10:10 that day. It was established firmly that Mrs. Simmons looked at a dress in the women's dress department of the L. S. Ayres <Si Cos. store between 10:10 and 10:30. She was with her husband. John Simmons. Another witness related she saw Mrs.. Simmons in front of the L. Strauss & Cos. store with her husband at 10:30. Then a clerk of the William H. Block Company testified that shortly after 10:30 Mrs. Simmons purchased a dress from her j and she was in the store with heri husband from that time until short- ! ly after 11. Charles W. Friedman, Indianapolis druggist, has testified on the j witness stand that he sold strychnine to Mrs. Simmons at “about i lO A m.” at his drug store at 1002 ; South Meridian street. Guy A. Braughton, head of the I Ayres company operatives, testified he recalled Mr. and Mrs. Simmons shopping on the store’s third floor. Mrs. Anna M. King, Ayres clerk, said she waited on the Simmons "around 10:10 to 10:30,” because “it was past time for me to take my powder” when “I got through waiting on them.”

Outside Marlon County 3 Cents