Indianapolis Times, Volume 43, Number 148, Indianapolis, Marion County, 30 October 1931 — Page 1

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HOOVER, IRKED, ORDERS NAVY LEAGUE QUIZ Insists on Inquiry to Show Organization Is Guilty of Falsehoods. STIMSON IS ANGERED Vicious Attack by Group’s Leader Stirs Wrath of President. BY PAUL R. MALLON Cnlted Pros Staff Corresoondrnt WASHINGTON, Oct. 30.—State Secretary Henry L. Stimson today joined President Hoover in the administration s offensive against the Navy League. He termed the league’s charges of sinister secrecy in connection with the London naval conference as "flagrant msstatements, evidently deliberate.’’ The President Thursday night announced he would name a committee to investigate and give the public the truth about the naval situation. He had been angered by the Navy League’s charge that he showed "abysmal ignorance’’ of naval affairs. The President said he would demand an apology from William Howard Gardiner, president of the league. Stimson declared the statement that Mr. Hoover and Premier MacDonald concluded agreements at their Rapidan conference, which never have been revealed, was entirely false. He said even an imperfectly informed person should know that. Branded as Inaccurate He also branded as inaccurate the league’s statement that the senate was denied access to certain diplomatic papers exchanged during the arms conference negotiations. He said all diplomatic papers were turned over to Senator Davir Reed <F;ep., Pa.), and that Reed was authorized to show them to all senators who would promise not to reveal their contents for publication. He said he had only read the first page of the navy league’s statement, but found at least two outstanding errors regarding the Hoover-Mac-Donald conversations and the alleged secrecy of diplomatic exchanges. "Purpose of the inquiry,” Theodore Joslin, secretary to the President, said today, "is first to call attention of the country and the members of the league to the tissue of falsehoods speead by Mi\ Gardiner. "Second, the intention is to show the true purpose of these falsehoods and the people who are interested in propagandizing them.” Navy League Prepares The White House gave out no information as to the size of the trial board, its personnel or as to how soon it would begin to function. The Navy League prepared at the same time to go into action. Gardiner sent out a call for a meeting of the executive committee to be held in Washington "as soon as is convenient to members” for the purpose of discussing the President's announcement. The statement which aroused Hoover’s ire, charged: That Mr. Hoover's proposal for immunity for foodstuffs in war time showed “abysmal ignorance” of the functions of a navy, and that a policy would result in “bigger and bloodier wars.” That as “a gesture of friendship” the President postponed construction of five cruisers before the London naval conference of 1930. ‘Starvation’ Attempt Charged That he sacrificed at London what President Coolidge refused to concede at Geneva in 1927—a preponderance of large-gun cruisers. That he was ready to halt construction of 87,000 tons of cruisers and other craft in anticipation of a one-year naval holiday, while insisting upon construction of five destroyers “as part of a program for unemployment relief.” That at every turn he has sought "to restrict, reduce and to starve” the navy in the name of budgetary reform. That the President knew that to enter a one-year naval holiday would . place this country behind Great Britain and Japan in auxiliary cruft, the navy league having supplied such information. That his entire program from five months after he took office until now demonstrates that he is willing to sacrifice the navy to his foreign policy, and to further proposal; sos world arms reduction. That, despite his "fondness for fact-finding commissions,” he failed to study adequately the navy’s needs. President Former Chemist The Navy League terms itself an organization of civilians that "specializes on accurate information as to naval matters.” Gardiner, its president, ia a former chemist, electrical and traction engineer, and a former associate of Henry L. Doherty, utilities magnate. Walter Bruce Howe, a Washington lawyer, is chairman of the board. Vice-presidents are Mrs. James Ca-roli Frazer, Washington; Arthur Curtiss James, New York, and Ogden Mills Reid, New York.s Nelson Macy of New York is vicepresident and treasurer, Dwight N. Burnham of Washington, assistant treasurer, and William M. Galvin of Washington, executive secretary. Hourly Temperatures 6a. m 41 10 a. m—< 44 7a. m 42 11 a. m 44 Ba. m 42 12 (noon).. 45 9 ft, 43 Ip. 43

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The Indianapolis Times Cloudy tonight and Saturday, probably light rain; not much change in temperature.

VOLUME 43—NUMBER 148

LION KILLS HUNTER Beast Is Revenged Before Death

„ (CoDvriKht. 1931. bv United Pressi AIROBI, Kenya Colony, Africa, Oct. 30. —W. H. Herren, railroad contractor of Abedreen Wash., who was killed in a bare-handed fight against a wounded lion, was cremated at Mwanza today. Mrs. Herren will leave for London by airplane with the ashes and thence will carry them to the United States for interment in Aberdeen. Belated details of the tragedy in the big game country were received here today, revealing that Herren, after the lion had been shot, was helping to film the scene, when the enraged animal charged and pinned him to the ground. He fought desperately with his hands against the maddened beast while his companions were helpless to shoot and save him because his body was tangled with that of the lion.

TIME EXTENDED IN FUND DRIVE Campaign Will End Next Wednesday Night. Coal SI .043,686.00 R-nortrd to date $690,631.04 Per rent of eoal 66.1 With the halfway post behind them, workers in the Community Fund today were given a two-day extension to their campaign for a fund of $1,043,686, David Liggett, executive secretary, announced. The drive will close Wednesday night with a meeting at the Claypool. Originally, it was to have ended Monday. At the fifth report meeting in the Claypool today the workers added $100,526.38 to subscriptions of $590,423.87 previously reported. Thursday the 3,000 campaigners brought in $115,423.87, to boost the total above the half-million mark, attaining 56.5 per cent of the goal. EDISON SUIT LOOMS Son by First Marriage to Contest Will. By United I'rcsx WILMINGTON, Del., Oct. 30. William L. Edison, son of Thomas A. Edison by his first marriage, said today that “action would be started to contest the will” of the inventor, bequeathing a $14,000,000 estate. He refused to state how soon action would be started, but revealed that he had consulted an attorney regarding the contest and ’that the “action likely would start shortly.” The bulk of the Edison fortune was left to Charles and Theodore Edison with the six children sharing in the residuary estate over which Charles and Theodore are executors and have wide powers of disposition. By United Press WEST ORANGE, N. J„ Oct. 30. Thomas A. Edison Jr., full brother of William L. Edison, said today that he could not understand why his brother planned to contest the will of the inventor. "I certainly do not plan to join him in any contest,” Thomas said. "I have nothing to say concerning my father’s will.” RAIL UNION CANCELS ‘TURNCOAT’S’ PENSION Repudiated by British Labor, Veteran Pleads in Vain. By United Press LONDON. Oct. 30.—J. H. Thomas, repudiated by Labor and the railway men he once led because of his association with the National government, pleaded with the rail union in vain today against cancellation of his pension, on behalf of his family. Thomas, flushed with his personal victory in Derby and the sweep of the government throughout the country, spoke for 85 minutes before a private national conference of delegates to the National Union of Railwaymen to reverse the executive’s decision to cancel the pension of more than 500 pounds annually to which he normally would be entitled in 1935. "Don't let my wife and family suffer,” he repeated loudly and passionately, pointing to his wife, son and married daughter seated in the rear of the hall. BANK REHEARING NOV. 5 Studebaker Arguments to Be Placed Before Supreme Court. Arguments on rehearing of the Studebaker bank case, in which the supreme court reversed the Wells circuit court and upheld the double liability of bank directors, has been set by the high court for Nov. 5. The bank was closed at Bluffton several years ago and the lower court held that directors were not doubly liable for their holdings.

TWO MINERS, TRAPPED FOR SIX DAYS, RESCUED; FIND FOUR DEAD IN PIT

By United Press SHICKSHINNY, Pa., Oct. 30. Patience won safety today for two miners of the six trapped since Saturday night in the West End Coal Company mine at Mocanaqua Rescuers broke through the last rock barrier today to find John Tomashunis, 40. Shickshinny, and John Moctoni. 22. alive, fairly comforable, and elated beyond power of speech. Nearby lay the bodies of the other four. Jacob Tinus and Henry Ceglarski were caught in the explosion and killed outright. John Molitoris and Paul Novak tried to crawl through the tunnel. Deadly black damp asphyxiated them. Tomashunis, father of seven children, and Moctoni, unmarried, ire-

The scene was in northern Tanganyika, where game of every sort abounds. It was the termination of an American big game safari which included Herren and his wife, W. F. Colman of Seattle, Gus Peret of Portland, Ore., and two white hunters, Runtina and Holm. tt a u THE tragedy occurred last Friday in the vicinity of a camp eighteen miles from Ikoma. Herren, Peret and Holm, with a native gunbearer, went to examine the lion bait they had set out, when they spotted a big lion and a lioness. Herren fired and hit the lion in the shoulder, bringing him to the ground with a second shot. He was wounded, but still dangerous. Herren and Peret approached, intending to finish him off, but decided to film the scene first. Meanwhile the lion scrambled to his feet and started for some nearby trees, snarling. Peret began filming, when suddenly the lion charged. Herren yelled, “Gus, he’s got me.” Peret sprang from the camera and seized his rifle from the native, but Herren was on the ground under the lion, trying to fight him off. Struggling to grip the lion’s throat, Herren got his hands in the beast’s mouth, striving to choke him and prevent being bitten to death. Peret closed in and at close range managed to put a bullet in the lion’s brain. u u u HERREN was terribly clawed and bitten, especially about the right leg. He was carried bs,ck to camp and at Ikoma the leg was amputated. The party then reached Musoma and embarked on Saturday for Mwanza, an important station on Lake Victoria, where proper medical aid could be obtained. Herren died half an hour before the party reached Mu'anza. The party left Nairobi on Oct. 9, eventually camping near Ikoma, in the game country to the east of Lake Victoria. Early last week, Colman and Runtina went on a side-trip seventy miles from the others to shoot buffalo and rhinoceros. Herren and Peret busied themselves making numerous films, notably a fight between two male lions. They planned to photograph gorillas in the Congo and obtain specimens for the University of Washington, the Los Angeles museum, and the Cincinnati zoo. JjTsLIDE Drops to 39, Lowest Mark of Season. Dropping to 39, equaling the season’s lowest mark, the mercury today will not climb above 50, according to the forecast of the weather bureau. The thermometer slip began Thursday afternoon from the 60’s and hit the low mark shortly affler midnight. Light rain which accompanied the temperature decrease will fall in Indianapolis during the day, and it was forecast the mercury might go below 39 tonight. J. H. Armington, weather bureau head, said he expected similar conditions to prevail throughout Indiana Saturday. BANDITS GIVEN TERMS Newcastle Youths Sentenced in New Lisbon Robbery. By United Press NEWCASTLE, Ind., Oct. 30. McMillen, Newcastle, and Theodore Corender, 18, today pleaded guilty to charges of robbing the Farmers State bank at New Lisbon on Oct. 6 and were sentenced by Judge John H. Morris of Henry county circuit court. McMillen was given a 15-year term in the state prison, and Corender ordered to serve from one to 10 years in the state reformatory. The judge recommended that Corender serve at least five years of his sentence. Authorities said part of the $625 stolen from the bank will be recovered.

ferred to wait. They owed their rescue to their patience. They knew that a rescue party was driving toward them. Until Thursday night they had no .knowledge of how close safety lay. Then one of several pipes pushed through the barrier penetrated to their place of refuge. Joyfully they tapped on it to tell those driving of their safety. Three more times they sent messages to encourage the rescue party. For five days and five nights they had slowly, cautiously, but steadily pushed through sixty feet of torn, tumbled, loose and sliding rock and coal in a narrow tunnel. At midnight they were six feet away. In little less than six hours they removed the last of the rock and found Moctoni and Tomashunis waiting fo* them.

INDIANAPOLIS, FRIDAY, OCTOBER 30, 1931

JURY TO SIFT OPERATION OF CLOSEDBANKS Prosecutor Pledges Action to Determine If Acts Were Criminal. WILL CALL RECEIVERS Wilson Condemns Law That Fails to Give Protection to Depositors. Investigation by the Marion county grand jury, to determine if there were criminal acts in operation of banks now closed, was promised today by Prosecutor Herbert E. Wilson. Receivers of the defunct banks and their assistants will be called before the grand jury, to give any testimony they may have obtained concerning illegal transactions which may have aided in bringing about failure of the institutions, Wilson said. The prosecutor condemned as “woefully inadequate and weak’ the statutes covering operations of banks known by their officers to be insolvent. “Although bankers of the state constantly are seeking enactment of stronger laws against robbery and burglary,” he declared, “they neglect looting from within. Depositor Is Unprotected “The ordinary depositor practically is without protection under the present statutes.” Wilson cited as a “sad commentary” on present banking laws the fact that a bank president and directors can not be indicted for receiving deposits in an institution known to be insolvent. “Instead,” he pointed out, “we must take criminal action against the teller, or person actually receiving the deposit.” Wilson’s statement comes on the heels of a visit to his office by members of a committee elected by depositors of the State Savings and Trust Company. This committee laid before the prosecutor information which it has received. Against Rush Action “Many persons have been to see me regarding the indictment of officers of closed banks,” said Wilson. “The prosecutor’s office is waiting to review all facts concerning the bank failures before taking decisive action.” The prosecutor stated that it is of no advantage to the state to try to hurry indictments, unless it has full evidence necessary to bring about convictions. “Most of the successful federal investigations of bank failures have proved that real criminal facts upon which successful indictments have been based have not been brought to light until two or three years after the criminal acts occurred,” asserted Wilson. He expressed his opinion that the Indiana Bankers’ Association and nonassociated banks should devote more attention to lobbying in the state legislature for laws that would make it possible to indict bank officials for mismanagement and bad banking practices. Action Is Pledged “Our legislature in 1929 very wisely changed the statute of limitations on banking law violations from two years to five years, so that means the state can indict any time wthin five years,” Wilson said. “Evidence upon which indictments rest in bank case largely is documentary. Receivers appointed by courts have full custody of all the banks’ documents and records. "Receivers have been asked to watch for and make note of any facts that seem to be violations of criminals laws, so that these can be brought to the attention of the prosecutor. “When the audits finally are completed and receivers and assistants have learned all that is possible regarding each institution, they will be summoned before the grand jury. “Evidence of criminal offenses will bring every effort by the prosecutor’s office to obtain indictments and convictions.” NOBEL PRIZE AWARDED Otto Marburg, German Chemist, Receives Honor Worth $46,350. By United Press STOCKHOLM, Oct. 30.—Professor Otto Warburg, German biological chemist, has been awarded the 1931 Nobel prize in medicine for his discovery of the way in which the respiratory organs function. The prize was awarded to Dr. Karl Landsteiner of the United States last year. It was worth $46,350. Professor Warburg is a former president of the World Zionist organization. He has been active in the field of cancer research. Professor Warburg made a special study of the oxidation process of living cells. REALTY ASSETS LISTED College Court Firm Is Nearly Insolvent, Say Attorneys. Bankruptcy schedule filed by the College Court Realty Corporation in federal court today listed $391,058.55 liabilities and assets of $410,000. However, attorneys said there was imminent danger of insolvency. The realty corporation, located at 5347-52 College avenue, estimated its real estate holdings In the city at $350,000. Edgar W. Hauser is president of the firm. Voluntary bankruptcy petition was filed in federal court last week

‘Wallop Wabash/ Is Cry

WALLOP wtra

Here’s the home-coming spirit of Butler university. Everywhere on the campus today are these two words, “Wallop Wabash,” the prayer of every student for Saturday’s football tilt. Miss Ann Doudican, 821 Hampton drive, charmingly illustrates the hope for gridiron victory.

SUIT TO LIFT TAX BURDEN IS FILED

Realty Owners Demand That Huge Personal Property Dodge Be Ended. Climaxing a long fight of civic interests to lift the burden of taxation from the real estate owner, suit was filed today in superior court two against state and county taxing officials to have 1930-31 tax assessments set aside as illegal. Filed in behalf of Mrs. Jesse E. Myers, a taxpayer, and a member of the Tax Equalization Society, the suit charges that millions of dollars of personal property escape taxation, and that, as a result, “the whole tax burden rests upon the real estate owner.” Thomas D. McGee, attorney, who filed the suit, is one of the incorporators of the Tax Equalization Society, made up of real estate owners. Purpose of the suit, according to McGee, is to attack the present Indiana taxation system, on the ground that it violates the Constitution and does not provide for “fair and equal” taxation of all classes of wealth. The suit charges that taxes were collected in 1930 on $530,000,000 in personal property, “whereas total taxable personal property in Marion county is more than three times that amount.” More than $350,000,000 in personal property annually is unassessed, the suit charges. Defendants in the action include members of the state tax board, the Marion county board of review, Harry Dunn, Marion county auditor; Clyde E. Robinson, county treasurer; Robert R. Sloan, county assessor; John J. McCloskey, Center township assessor, and assessors in nine township in the county. OPPOSES PROBATE OF RICH SPINSTER’S WILL Untermyer Charges Miss Wendel “Had Nothing to Do With It.” By United Press NEW YORK, Oct. 30.—Seeking to enjoin executors of the late Miss Ella Virginia Wendel’s estate from filing her $75,000,000 will for probate, Samuel Untermyer charged in federal court that Miss Wendel had nothing more to do with the making of her will “than the man in the moon.” Untermyer, with Arthur Garfield Hays, is counsel for persons who claim kinship with Miss Wendel, including Miss Rosa Dew Stansbury, 74, of Vicksburg, Mass., who claims to be Miss Wendel's next of kin. As to Miss Wendel’s bequest of $12,000,000 to the Methodist Theological Seminary at Nanking, China, Untermyer stated that “the chances are that she didn’t know where Nanking was or how to spell it. She didn’t go to church. In fact, she was down on the church.” FESS TO RETAIN POST Senator Keep G. O. P. Chairmanship Until Next June. By United Press WASHINGTON, Oct. 30.—Agreeing to continue as head of the Republican national committee until after the nominating convention next June Senator Simeon D. Fess of Ohio today went ahead with plans for a meeting of the committee here Dec. 15 to select a convention city and fix the apportionment for the convention. Fess has been desirous of relinquishing the chairmanship feeling that his senatorial activities might be hampered by the fact that they would be judged in the light of his position as Republican national chairman. President Hoover and party leaders, however, felt it would be unwise to put in a temporary chairman and be obliged to change again after the convention. GRID RECEIPTS TO POOR University of Kentucky Will Give SB,OOO to Charity Funds. By United Press LEXINGTON, Ky., Oct. 30. The University of Kentucky will aid the unemployed by donating its share of the receipts at the Nov. 7 homecoming game with Duke to charity. It is estimated that the contribution Fill approximate SB,OOO.

Santa’s Early By United Press DETROIT, Oct. 30.—Christmas present No. 1 from Detroit this year is a red bathrobe, sent two months early, to “Uncle Harry,” an Australian kangaroo herder, by Miss Martha Gustafson, “because he can’t work if he doesn’t get his presents on time.” Anyway, that’s the story jtyfiss Gustafson told the postal clerk when she mailed the beribboned package.

WAGE CUJTONDERED N. Y. Central Asks Employes to Accept Slash. By United Press NEW YORK, Oct. 30.—The New York Central Railroad is negotiating with employes for a voluntary reduction in wages of 10 per cent for a period of one year, it was announced today. A statement issued by the railroad said: “Officers of the New York Central confirm reports that discussion is in progress with representatives of various classes of employes with a view to having them voluntarily agree to accept reductions in the scales of pay of 10 per cent for a period of one year. 15 KILLED IN CYPRUS Island Rebels Clash with British Troops in Interior. By United Press ALEXANDRIA, Egypt, Oct. 30. Adivces today from the Island cf Cyprus, where a revolt has been in progress against British rule, reported fifteen killed and fifty wounded in the interior, when peasants clashed with British troops who used machine guns. British reinforcements from Palestine arrived at Cyprus and arrests of those involved in the movement for union with Greece continued. THREE DIE IN BLAST Fourth Miner Injured Seriously in Kentucky Tragedy. By United Press HARLAN, Ky., Oct. 30.—A gas explosion killed three men and injured one m mine No. 30, of the United States Coal and Coke Company at Lynch, Ky., thirty miles from here, it was learned today. The dead were Alvie Elsea, W. S. Amos and James Barnes, miner. Ed Crowley was hurtled against the shaft and injured seriously. The explosion occurred during the night.

JAPANESE WARNING TO RUSSIA IS NEW SOURCE OF WORRY FOR LEAGUE

BY HENRY WOOD United Press Staff Correspondent GENEVA, Oct. 30. Japanese warning to Soviet Russia not to interfere in the Manchurian dispute with China was regarded here today as placing grave difficulties in the way of the proposed League of Nations settlement of the dispute. If the dispute is extended to involve Russia, it will be impossible for Japan to withdraw her troops from Manchuria by Nov. 16, as requested in‘the resolution passed by the league council. The league then would be forced to approach a solution from an entirely new angle, involving a nonleague member. It would have to use all its resources to enforce measures of the league covenant designed to preserve peace. League circles thus were disturbed greatly by the Japanese memorandum to Moscow charging concentration of Soviet troops in Manchuria and that Soviet agents had

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

LONG GRIND OF TESTIMONY ENDED IN SIMMONS TRIAL; ARGUMENTS OPEN MONDAY Jurors Go to Their Homes for Week-End; Defendant, More Cheerful, Given Comfort by Her Friends. FATE WITH JURY BY WEDNESDAY Prosecution Cites Weakened Physical Condition of Mother as Reason for Commission of Crime. BY STAFF CORRESPONDENT LEBANON, Ind., Oct. 30.—After five weeks of evidence which either will convict or acquit; Mrs. Carrie W. Simmons, Hancock county farm mother, on the charge of the poison murder of her daughter, Alice Jean, twelve farmers—the jurors who will decide her fate—went to their homes this morning for the week-end. The last line of testimony was written in the court record at 11 a. m. by the defense when it closed its entire case an hour after the state had halted. Monday, attorneys for both sides will begin, on one side, arguments of condemnation and on the other, those of pleas for the woman.

Each side has been allotted six hours of argument and the case probably will be turned over to the jurors late Tuesday or Wednesday forenoon. After completion of the case, Mrs. Simmons, more cheerful today after her release from the witness stand Thursday, was congratulated by her friends and relatives. Each of them shook her hands and patted her, offering their wishes for “the best” when the jury deliberates over the thousands and thousands of words of evidence before and against her next week. Whispers With Family Mrs. Simmons chewed gum and whispered with her family during the final stage of the case. Her husband, Jonn W. Simmons, wore an overcoat lor the first time today. Elizabeth remained with her mother in the courtroom, while Mrs. Simmons’ sons Dale and George paced the corridors. Latter part of the rebuttal testimony by the state and the defense was marked by a series of recesses for arguments or legal points. Charles Davis, Hancock county farmer, who said Horace N. Jackson “unofficial defendant,” was not in New Palestine June 8, was working on a farm adjoining his, was assailed by the defense. Once it appeared Davis would attack one of the defense rebuttal witnesses. The defense has claimed Jackson bought strychnine in New Palestine that day. When Emery Williams, distant relative of Mrs. Simmons’ husband, told the jury he had “heard rumors Davis had sticky fingers,” Davis arose and clenched his fists, glaring at Williams. W'itness Uses Caution During a recess Davis waited outside the courtroom for Wiliams, but the witness did not appear. Lowell McDaniel said Davis had a “bad reputation.” He admitted, under state’s questioning, Davis had not been paid by him for digging a grave for McDaniel’s father-in-law. He said the reason Davis was not paid was because Davis owed his father’s-in-law estate $11.25 for corn. Other witnesses who claimed Davis reputation was “bad” in his community were unable to cite instances in which they had dealings with Davis. The state opened its rebuttal today with rapid-fire questioning of two members of the picnic party and Mrs. John Moran, neighbor of the Ora Pollard family here. Mrs. Lora M. Jackson, wife of Jackson, testified she and other members of her family had contributed to a gift of silverware for Mrs. Simmons’ twenty-fifth wedding anniversary in 1929. Mrs. Simmons has said the Jacksons were the only guests who did not proffer a gift. The defendant denied speaking to Mrs. Jackson, but the latter claimed today they

been training Chinese troops to be used against the Japanese. The Soviet foreign office replied that the reports were untrue, that Russia would observe her treaties by a policy of strict neutrality, and that Soviet leaders considered a policy of “military occupation on a pretext of so-called assistance contradictory to the interests of general peace.” It was emphasized that if the danger of Soviet intervention actually exists, Japan would be obliged to seek a pacific settlement by appealing to the league and invoking the Kellogg anti-war pact before taking milittray measures. The memorandum charges that 20,000 to 30,000 Russian troops were concentrated near the station of Dauria on the Chinese Eastern railway. The Soviet foreign office replied that no troops had been concentrated near any Manchurian province. |

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had talked at the funeral of the slain girls in June. Her daughter Lois substantiated the statements. Testimony of Mrs. Ona Gibson and Mrs. Moran was to refute previous defense assertions that Mrs. Fannie Cook had been in the rear of her home, next to the Pollard’s. Mrs. Cook testified from a sick bed for tne state, asserting she had seen Jackson in front of the Pollard home prior to departure of the picnic group to Memorial park, and had not left her front porch. Special Prosecutor Roy Adney and Prosecutor Ben Scifres will argue that Mrs. SimmonS should be convicted of the murder of her daughter and placed in a state penal Institution. They are not expected to ask for the death penalty. Depleted physical condition is belieyed to be the state’s argument for a motive for what they term an “unnatural crime.” The defense’s oratory to urge the acquittal of Mrs. S ; >ns will be led by Charles L. i. Greenfield counsel for the and, W. H. Parr Sr., and W. H. * . Jr. Work Mystery Angle The defense is expected to contend that the reunion murders are a mystery—and wili always remain so. Culpability of Jackson, accused in innuendoes by detense evidence, may be used by the defense* in arguing that a person or persons other than Mrs. Simmons could have committed the dual slaying. Just to prove, seemingly, that the old whirligig of sensation after sensation still had a few kicks left in its system, it acted like a Capone “tommy gun” Thursday, as the defense closed its direct case with testimony of Mrs. Simmons and the state opened fire in rebuttal testimony. Mrs. Simmons’ return to her seat as defendant was the signal for an attempt by the state to press home the charge that Mrs. Simmons was in Indianapolis June 18 and that she bought poison on that day in the drugstore of Charles W. Friedman. Through John J. Purdy, a drug clerk at Hook’s drugstore in the Lincoln hotel, Indianapolis, they hoped to show the possibility that she had failed in an attempt to buy poison from him. Purdy wa? not permitted to testify by Judge Hornaday, on the premise that the state was reopening its field of evidence on rebuttal. But the state’s loss in a witness was counteracted in part by the courtroom buzz, speculation rife as to his testimony, and the interested look of jurors as he sat in the witness box and answered preliminary questions before being excused. Deny Other Purchases Immediately the state swung into a general denial that Miss Louise Robinson, Bargersville, was the purchaser of poison from Friedman’s store and a denial that Jackson, the “straw defendant,” bought poison pellets in a New Palestine pharmacy. Friedman again faced the woman, he accuses as a poison purchaser and declared by inference that his identification of her the first time as the buyer w’as the only true identification. He denied emphatically he ever had seen Miss Robinson until that day when she ran into his drug store and called out, “I’m the woman to whom you sold the poison. You’ve made a mistake.” “Did you sell Miss Louise Robinson sixty grains of strychnine June 18?” state attorneys asked Friedman. "No, sir,” replied the druggist. Answer Is Silenced “Whom did you sell it?” he wa* asked. Friedman’s answer was silenced by a defense objection, sustained by the judge. Tindall attempted to harass Friedman on cross-examination, recalling Friendman’s testimony when he first identified Mrs. Simmons, and Friendman saying that he represented himself as “Mr. Scott of Cincinnati” when he first saw her in the Boone county jail. Friedman said following the identification, that “I had my fin(Tum to Page 2) -

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