Indianapolis Times, Volume 43, Number 152, Indianapolis, Marion County, 4 November 1931 — Page 1

I SC/UPPS

DEMOCRATS TAKE LEAD IN RACE FOR HOUSE CONTROL; GAIN ONE SEAT IN BALLOT Win Michigan District for First Time in 33 Years; Longworth Berth Goes to Hollister, Republican. G. 0. P. DEFEATED IN NEW JERSEY Moore Beats Baird, Hoover Backer, for Governor; N. Y. Voters Approve Roosevelt Stand. BY RAYMOND CLAPPER United Press Staff Correspondent WASHINGTON, Nov. 4.—Democrats gained a numerical majority in the house of representatives in Tuesday’s elections and look forward to electing a Speaker and taking control of committees when congress meets Dec. 7. Some doubt remained, however, as to which party actually would gain command, on the showdown. It yet is possible for the Republicans to create a tie. In this case, the result might turn on absentees and private deals for individual defections impossible to foresee.

“The election of Michael J. Uart, Democrat, in the Eighth Michigan district, makes me doubly certain of a Democratic house,” Representative John M. Garner, Democratic candidate for Speaker, told the United Press at his home in Uvalde, Tex. The elections resulted in the following house strength: Democrats, 217. Republicans, 215. Farmer-Labor, 1. Vacancies, 2. Result Not Conclusive Democrats were cheered by the results of the scattered voting throughout the country, despite the fact that it \vas not regarded generally as conclusive as to the drift of sentiment in relation to next year’s presidential race. In New York state. Democrats failed to get control of the assembly, though they needed to gain only six seats. They also failed, in a hard fight, to seize the old Longworth congressional seat in Ohio, Republicans holding it with an 18,000 lead for John B. Hollister. Democrats attached importance to the election of former Governor A. Harry Moore as Governor of New Jersey over David Baird Jr., Republican, whose election was urged by administration spokesmen as a gesture of moral support for President Hoover. Moore won by more than 200,000 Democrats also showed strength in a number of municipal elections. Kentucky elected anew Governor, but the count will not be known until probably late today. Non-partisan observers generally believed Judge Ruby Lafloon, Democrat, had achieved a majority over his Republican opponent, Mayor William B. Harrison of Louisville. The primary issue in the campaign was the state highway commission, which the Democratic candidate defended. Control in Doubt Confusion of the house situation, which has evisted since the close results a year ago, appeared destined to continue. Democrats gained the Michigan seat through election of Hart, the first Democrat to get it in thirty-three years. They held two other seats in the Twentieth Ohio, where Martin L. Sweeney, a Cleveland attorney, wet, won easily, and the Seventh New York districts. Republicans retained the First Ohio or Longworth district and the Second Pennsylvania, where E. L. Stokes, wet Republican, won, 34.188 to 1.809. One vacancy in the Fifth New’ Jersey district, will be filled by special election Dec. 1, one week before congress meets. The other vacancy, in New Hampshire, will-not be filled until Jan. 5. The New Jersey district went Republican two to one a year ago. Should Republicans win it agaim they would have 216 seats as against a Democratic strength of 217. The Farmer-Labor member, Paul J. Kvale, usually votes with Republicans on organization matters. Should he do so again, the result would be a tie. A majority of the votes cast is sufficient to elect a Speaker and to decide the committee chairmanships. Illness, or absence from other causes, would be decisive in such a situation. Roosevelt Is Victor Governor Franklin D. Roosevelt won his issue with former Governor Alfred E. Smith in obtaining approval of the state constitutional amendment for a reforestation plan. Though Smith denied his opposition to Roosevelt on this point involved a personal break, their

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The Indianapolis Times Fair tonight and Thursday; not much change in temperature.

VOLUME 43—NUMBER 152

controversy was watched closely by politicians of both parties for its bearing on the prestige of Roosevelt, a leading prospect for the Democratic presidential nomination. Both parties supported the amendment and Smith fought something of a single-handed battle. A voice from the past was heard again when “General” Jacob Coxey who led a ragged army of unemployed on Washington after the panic of 1893, apparently was elected mayor of Massillon, O. Now an elderly business man, Coxey went into his campaign with his old-time fervor. National issues appeared only casually in the elections. Tn New Jersey, two administration spokesmen, secretary of Labor Doak and Walter E. Edge, American ambassador to France, campaigned for Baird, urging his election to aid President Hoover. Dole Mayor Wins In the Democratic congressional victory in Michigan, Hart stood as an anti-prohibitionist, while his Republican opponent, Foss Eldrcd, emphasized other issues. In municipal elections, Frank Murphy, known as the “dole mayor” was re-elected in Detroit. Though the election was non-partisan, Murphy, a Democrat, was opposed by Harold D. Emmons, a Republican., In Cleveland, leading Democrats, headed by Newton D. Baker, won a fight to overthrow the city manager plan, which w r as supported by Maurice Maschke, Republican national committeeman and party leader in Cleveland. The majority was 9,000. Democratic mayors were elected in Springfield and Worcester, Mass., and also in Republican Connecticut. where Hartford, New Haven and Bridgeport elected Democrats. \oungstown and Columbus named Democratic mayors, the 4 G. O. P. winning in Akron. Moore Is Philly Mayor Hampton Moore,. Republican, was elected mayor of Philadelphia for the second time by a vote of more than 350,000. It was the first time in nearly fifty years that, a man had been elected to two terms as mayor of Philadelphia. Moore ended his first term eight years ago. Louis Marcus, retired business man. who took up politics because he needed something to do. defeated the incumbent. John F. Bowman, by a margin of nearly 12,000 votes in Tuesday's mayoralty election in Salt Lake City. The Socialist party, which has controlled the Reading (Pa.) city administration for four years, failed to elect a single candidate in Tuesday's election. The Republicans and Democrats combined to elect Herber Ermentrout mayor to succeed Mayor J Henry Stump, 16.372 to 13.634. Angelo J. Rossi was re-elected mayor of San Francisco by a. close **rgin over Adolph Uhl. Rossi received 76.550 votes to 69,743 for Uhl. Heywood Broun, columnist, who attempted to be elected to congress unsuccessfully a year ago, was defeated to a Democrat in the contest for alderman in New r York. Broun is a Socialist. HINDU RULER IN PERIL Maharajah Is Threatened With Loss of Throne in Kashmir. Bp United Press LAHORE. India, Nov. 4.—Sir Hari Singh, maharajah of Kasmir and the famous “Mr. A” of Great Britain s most notorious blackmail case, was threatened today with loss of his throne because of Moslem agitation in his rich Himalayan kingdom. The maharajah is a Hindu. Officials admitted that the mast serious situation existed in northern India, where thousands of agitators have been arrested in the last two days. Three British regiments were held in readiness to proceed at a moment's notice to Kashmir. BURNED IN GAsT BLAST Container Explodes and Woman Sustains Severe injuries. When a container of gasoline she carried, exploded this morning, Miss Dorothy Troeter, 27, of the Cico hotel.. 124 East New York street, sustained severe arm and face burns. She was taken to city hospital. Miss Troeter told police the gasoline was ignited by an open burner on aUeater in the bathroom of her ”*rtment.

Greatest Yet A country upside down! That’s Russia. You’re interested, yes. But, what do you know about the people—not the cause. How do they live? What do they wear? What do they think about marriage? How do they bring up their children? What would you do in Russia? Julia Blanchard of NEA Service has written for The Times, answering all these questions in the greatest series of articles yet produced on Russia. Twelve articles—“lf You Lived in Russia.” The first will appear Thursday in The Times and you have your chance to learn of a people—NOT of a cause.

FOND WORKERS IN FINAL DRIVE Community Chest Donations $910,568 to Date. Goal 51.043.fi86.0fl Previously reported 5821.080.15 Reported yesterday 589.487.43 Total to date 5910.568.16 Per cent of roal 87.2 Amount needed 5133.1 l 7.84 “Kansas City, Milwaukee, Seattle and many other cities have gone over the top in their Community Fund drives. I don’t see how Indianapolis, then, can fail.” Thus David Liggett, executive secretary of the Indianapolis Community Fund, exhorted 3,000 workers to drive ahead on the last day of their campaign to reach their goal of $1,043,686, a total of $133,117.84 more is needed for success. Today, for the last time, the campaign workers will solicit pledges to the 1931-32 fund, and the drive will close at a meeting at 6 tonight in the Claypool. At the report meeting there Tuesday night, $89,497.43 was added to the amount already pledged, raising the total to $910,568.16. “We cling to the hope of success, the task must be done,” Liggett said.

WIDEN MARION QUIZ Prosecutors to Probe Jury Tampering Reports. Bp United Press MARION, Ind., Nov. 4.—An investigation will be made of reports of alleged attempts to approach members of the Grant county grand jury, it was announced ’today by George Hufsmitht and E. H. Graves, who have been appointed special prosecutors. Hufsmitli and Graves will aid the Grant county grand jury in an investigation of the office of Harley Hardin, prosecutor, as a part of a campaign to reveal irregularities in government, as charged recently by Attorney-General James M. Ogden. The jury will return Thursday to continue its work. WHISTLES TO BE USED AGAIN BY CITY COPS Code System of Blasts to Be Taught Police Officers. The traditional police whistle, abandoned several years ago by the Indianapolis police department, will be put in use again as part of the regular equipment of officers, Police Chief Mike Morrisey announced today. Morrisey said every policeman w’ill be required to purchase the new whistle, larger and more shrill than the "tweeter” known in police circles years ago, and that anew system of use will be inaugurated. The whistle will be of particular aid to members of squads, when separated from police cars in the performance of duties. A code system of blasts will be taught each member of the department, Morrisey said.

APARTMENT IS RAIDED Whisky, Alcohol Haul Claimed by Police: Operator Escapes, Forcing their way into an apartment at 318 East North street, Tuesday night, police said they confiscated a large amount of liquor, but failed to capture the operator, who leaped through a second floor window. Sergeant Edwin Kruse and members of his squad said sixteen persons were drinking in the place. Officers said they confiscated several gallon of whisky and alcohol.

CONSTABLE ‘NABBED’ Garage Owner Thought He Was Locking Up Thief. When C. K. Martin, proprietor of an auto sales company at 4451 West Washington street, returned to the salesroom Tuesday evening after dinner, he saw a man removing tires from an automobile in the rear of the building. Hastily locking the entrance door, Martin hurried to a telephone and summoned deputy sheriffs. When the latter arrived, Martin reported he had locked a thief in the garage. Deputies entered and “captured” R. F. White, 2442 West Michigan street, constable in a justice of peace court, who displayed official replevin papers providing for seizure of four tires. White explained he served the papers on an employe of the sales company, who apparently forgot to tell Martin tfcf constable legally was removing the tires.

INDIANAPOLIS, WEDNESDAY, NOVEMBER 4, 1931

COUNTY CHIEFS TO RECONSIDER PATROL EDICT T Armed With Petition Signed by 25,000, Sumner Waxes Sarcastic. MANY PROTESTS MADE Councilmen ‘Backed to Wall’ as Angry Citizens Assail Slice. Criticised by county officials and rural residents for abolishing the I Marion county road patrol under I Sheriff Charles (Buck) Sumner, I county councilmen today took the I protests under advisement until Jan. 1, when the patrol force is to be dropped. Slashes in the sheriff’s budget by the county council makes necessary elimination of the road patrol after the first of next year. Backed by pteitions bearing names of more tjian 25,000 residents of Marion county, Sheriff Sumner, ; following the council meeting this morning, herled sarcastic barbs at i councilmen in his fight to retain the present patrol. Sumner proposed to file acquisition with county commissioners demanding the purchase of eight bear traps an da “dozen” bloodhounds to “do the work of the patrol.” “I'll Get Bear Traps’’ Sumner made the statement after Ralph Hitch, deputy sheriff, presented the petitions with a declaration that demands were being made by citizens for maintaining the; present patrol. Declaring it is “my business to protect citizens,” Sumner said: “If the council cuts my patrol, I'll get the bear traps and bloodhounds and run them myself. If the council refuses to buy meat for the hounds. I’ll see that they are fed out of charity funds.” Walter T. White, realtor, Fortysecond street and Cold Springs road, took councilmen to task for “forcing economy in the wrong place.” He declared rural residents will be ’forced to pay collective fees for having their own protection service if the patrol is cut. Protests also were made by County Commissioner John E. Shearer, T. W. Ayton, presentative of the Indianapolis Power and Light Company, and J. R. Robey, a taxpayer.

Judges Offer Protests Echoes of budget slashes made by the council in practically every department of the county government sounded at the session.today when judges in three county courts appeared to appeal for funds. Judge Joseph R. Williams of superior court two asked S3OO for his jury fund, asserting lack of funds hampered conduct of his court. Juvenile Judge John F. Geckler, branded budget cuts in his court a “handicap” and asked reinstatement of a special investigator and an assistant bailiff, whose salary had been eliminated. Similar criticism was made by Municipal Judge William H. Shaeffer, who requested additional funds for jury service, and asked elimination of cuts in salaries of a secretary and head of the court’s probation department.

BANDITS RAID CITY HOME .Masked Men Get $269 in Cash and Flee Thurough Alley. Two masked bandits, threatening Mrs. Mary Huff, 1518 Talman avenue, at the back dbor of her home early Tuesday evening, fled with $269 in cash w’hich they demanded she surrender, police were informed today. Mrs. Huff reported she was summoned to the back door when the bandits knocked, and that they both leveled revolvers at her, demanding the money. She said she attempted to rim and stopped when one of the gunmen said, “Stop, or I’ll shoot.” They escaped in an alley in the rear of the home after Mrs. Huff handed over the cash, she reported. Deer Hunting Begins at Home By United Press MIDDLETON. N. Y„ Nov. 4.—Ten hunters boarding with Mrs. George Schneble. 65,- tramped through the woods Tuesday for deer. She stepped into the back yard to draw a pail of water, sighted a beautiful buck, got a rifle and shot it through the heart.

Dead Issue By United Press AUBURN, N. Y., Nov. 4.—Although dead, Charles A. Wright, candidate for county judge, received more than 5,000 votes. Wright died last week.

HUNGARY NEARLY BROKE Debt Holiday Is Proposed by Government Financial Expert. By United Press BUDAPEST, Nov. 4.—The Hungarian government was believed today to be considering the possibility of a moratorium on payment of debts. The first step toward a possible moratorium was proposed by the government financial expert, Johann Teleszky, who reported to the parliamentary finance oommittee that Hungary is not able to continue interest on its sinking fund or short term credits. He proposed a general conference of creditors.

Maid of Honor Selected for Cruiser Launching

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JAPAN'S MOVES AROUSE ALARM Clash With Soviet Feared as Troops Advance. By United Press China charged before the League of Nations today that Japan steadily is extending its grip on Manchuria, and that its penetration of northern Manchuria, within the Russian “sphere of influence,” is causing anxiety in Moscow. Information given the league that Japanese troops had “occupied” Tsitsihar, important city in northern Manchuria, controlled by both Chinese and Russians, was denied in Tokio. Japanese forces, however, were in the vicinity, if not within the city. Tokio said the Japanese forces would not advance north of the Nonni, which extends far into northern Manchuria. Mukden advices said Chinese troops had fired on a Japanese guard on the Nonni river, near Tsitsihar. .The Japanese are repairing a bridge over the Nonni, recently destroyed by Japanese planes. Mukden reported about eighty Chinese killed by Japanese troops near Changtu, north of Mukden. CAPITOL MOTORS GETS FRANCHISE FOR DODGE Sales Contract for Large Indiana Area Given City Company. Sales franchise for Dodge and Plymouth automobiles in a large Indiana territory has been awarded to the Capitol Motors Company, Capitol avenue and Michigan streets, it was announced today by J. M. Bloch, president. “In identifying ourselves with Dodge and Plymouth, we are doing so because we have faith in the return of business to normalcy,” Bloch said. “There are many signs apparent that business is swinging back.” The Capitol company is a subsidiary of the Gibson company, automotive distributors and active in the motor car industry in Indiana a third of a century. RUB IN’S RETURN SOU GH T Chicagoan Wanted Here On Charge of Selling Stolen Bonds. Extradition of Sam Rubin of Chicago, from that city to Indianapolis was approved today by authorities at Springfield, 111. Rubin w'as indicted with George A. Sheehan, Indianapolis attorney, on charges of having sold $6,400 of stolen bonds to a local bank. These bonds were among a total of $65,000 stolen in New York.

POOR'S HOPES WANE Shearer Refuses to Sign Dormitory Bonds. Hopes of inmates of the Marion county infirmary for new quarters to relieve crowded conditions existing at the institution for many years, again were blasted when County Commissioner John E. Shearer today declined to sign a hond issue. for $25,000 authorizing construction of a men's dormitory. The issue, which would have paved the way for immediate relief of inmates, had been approved by the county council and other members of .the board of commissioners. “Weighty” Evidence Wins Decree DETROIT, Nov. 4.—Manville H. De Wing obtained a divorce from his wife Eva,, when he testified she held him in her lap before their marriage and “sat on me” after the wedding. “And,” he testified, “she weighs 250 pounds.”

MiSs Evelyn Chambers

SELECTION of Miss Evelyn Chambers, junior at Vassar college, to be maid of honor Saturday at the launching of the cruiser Indianapolis at Camden, N. J., has been announced by Miss Lucy Taggart, named by Mayor Reginald H. Sullivan as sponsor, to christen the new warship. Miss Chambers, who will assist Miss Taggart in the ceremony, is the daughter of Mr. and Mrs. David Lawrence Chambers, 5272 North Meridian street. Others named by Miss. Taggart to be in her party are Miss Anne Ayres, Miss Josephine Rockwood and Miss Frances Holliday. Mayor Sullivan, his sister, Miss Mary Sullivan; Thomas D. Taggart and Mr. and Mrs. William Richardson Sinclair also are expected to leave Thursday morning to attend the ceremony. Indiana congressmen and senators, and Governor and Mrs. Harry G. Leslie also have been invited.

JURY SOON TO GET NAN BRITTON CASE

By United Press • TOLEDO. 0., Nov. 4.—Trial of Nan Britton’s $50,000 libel suit against C, A. Klunk, Marion hotel keeper, w r as expected to go to the jury late today, after closing arguments. With the public and press still barred by. order of Federal Judge John M. Killits, each side was given four hours to debate whether Klunk

FIELDHOUSE CAMPAIGN ' APPEAL TO BE HEARD Notre Dame Club Will Open Drive for Rockne Memorial Tonight. Members of Notre Dame Club of Indianapolis will open a campaign tonight to raise a share of the $1,000,000 sought for erection of a fieldhouse in memory of Knute K. Rockne. Campaigns will be launched simultaneously in every city in the nation and will continue until Dec. 5 V The campaign locally will open with a dinner on the Severin roof at 6:30. A nation-wide radio broadcast will be hea^d. Team captains and members will be announced by Fred L. Mahaffey, an Indianapolis alumnus. A. R. Erskine, Studebaker Corporation president, is national campaign director.

DUCE JUGGLES BANKING Puts Industrial Financing Under Go\ r emment Control. By United Press ROME; Nov. 4.—Premier Benito Mussolini has begun fulfillment of his declared program for remedying “the ills of capitalism,” by an approach toward nationalization of Italian industries. By a stroke of his pen, the Fascist premier Tuesday night caused the industrial operations of the Banca Commerciale Italiana, the largest private bank in Italy, to be transferred to the Bank of Italy. The transfer was in line with Mussolini’s declarations in his recent speech at Naples. It placed the financing of industries directly under governmental control. LLOYD GEORGE IS OUT Veteran Leader of British Liberal Party Resigns. By United Press LONDON. Nov. 4.—David Lloyd George WTOte to Sir Herbert Samuel today, resigning the chairmanship of the parliamentary liberal party. His letter attacked “the disastrous course into which the party has been guided.” Lloyd George's action formally ends, for the present and probably forever, his leadership of the once great Liberal party, now a distinctly minor element’in the house of commons.

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

SIMMONS JURY DEADLOCKED IN 20-HOUR GRIND \ Night’s Deliberation Fruitless in Poison Case; Judge Again Reads His Instructions. SLEEP IN CHAIRS AND ON FLOOR Retire at 11 o’Clock and Again Start Debate Which Lasts Through Morning Without Verdict. BY STAFF CORRESPONDENT LEBANON, Ind., Nov. 4.—After deliberating nearly twenty hours and hearing the court’s instructions read again, jurors weighing the fate of Mrs. Carrie W. Simmons, alleged poison slayer of her daughter, Alice Jean, still were deadlocked this afternoon. With receipt of the instructions, it was believed a verdict in the murder case might be reached this afternoon. They halted deliberations for lunch at noon. The jury had Judge John W. llornaday reread his entire list of instructions shortly after 10 a. m., and asked to hear the court’s charge on credibility of witnesses for the third time.

This instruction tells the jurors they are the sole judges of credibility of witnesses and they must determine, among themselves, which witnesses to believe. Prosecutors said the request on witnesses meant the jury was trying to sift the stories of members of the Simmons family, while defense counsel said they believed it hinged on the testimony of Charles W. Friedman, Indianapolis druggist, who testified he sold sixty grains of strychnine to Mrs. Simmons, June 18, three days before the fatal family outing. State’s attorneys also were confident the jury stood ten to two for conviction, while the defense, agreeing on the number of opposing jurors, said they believed the weight had shifted to acquittal. Ora Brown, Boone county farmer and former army captain, who has been named foreman of the jury, halted Hornaday in his second instruction reading. “I don’t believe that section on the witnesses is understood,” he

libeled Miss Britton by selling copies of “The Answer to ‘The President’s Daughter’,” in his hotel. The “answer” was a written reply to Miss Britton's claims in her own book, “The President’s Daughter,” that the larte Warren G. Harding was the father of her 12-year-old daughter, Elizabeth Ann, of New’ Rochelle, N. Y. Miss Britton, it is understood, was on the witness stand briefly for cross-examination Tuesday. Before expelling spectators and newspaper men from the court room Monday so as not “to corrupt public morals,” Judge Killits intimated Miss Britton could be questioned only on the six excerpts in “The Answer,” which she considered libelous. 5 STREET PROJECTS ACCEPTED BY BOARD Pratt Street Improvement Is Ordered In Resolution. Five street improvement projects, recently completed, were approved and accepted today by the works board. The board also passed a resolution for permanent improvement of Pratt street from West street to the Canal bridge, and ordered the city engineer to prepare plans. Projects reported completed were: Pavine of Drako street, from West street to Broks street, cost $11,016; resurfacing of Ashland avenue from Sixteenth street to Twenty-first street, cost $1,680: resurfacing of Ashland avenue, from Twenty-third stret to Twenty-eighth street, cost $1,900: resurfacing of Broadway. from Seventeenth to Twentv-first streets, cost $1,075. and widening and resurfacing of Shelby stret. from Carson to Sumner avenues, cost $8 124

REAL ESTATE MAN DIES Funeral Sendees Are Arranged for Owen C. Boyd. Funeral services will be held at the home at 2 Thursday afternoon for Owen C. Boyd, 73, real estate dealers and building contractor, who died Tuesday of heart disease at his ’ home, 5404 Julian avenue. Boyd, a native of Orange county, | was for several years a teacher in ; public schools. He came to Indianapolis thirty years ago after operating a general merchandise store at Marengo. He was a member of the Irvington M. E. church. Surviving him are the widow, Mrs. Sallie B. Boyd; a daughter, Mrs. Raymond F. Stiltz, and a son, Mrs. William H. Boyd of Indianapolis. Janet Gaynor to Visit Europe By United Press HOLLYWOOD, Nov. 4.—Janet Gaynor, screen actress, will visit Europe within a few weeks, she announced today. Hourly Temperatures 6a. m.. v . 39 10 a. m 48 7a. m...\. 39 11 a m 50 Ba. m 41 12 (nqfp).. 52 9a. m..... 45 IPi 53

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said. “Will your honor please read that again?” Mrs. Simmons was brought into the court room during the second reading of instructions, her first appearance since the jury began deliberations at 5:45 Tuesday. Defendant Looks Worried She appeared worried and was surrounded by her husband. John Simmons; her daughter, Elizabeth, and sons, George and Dale. George and Dale had kept a constant vigil in the coitrtroom since it W’as reopened this morning. The jurors battled over their possible verdict throughout the night and many of them appeared haggard and worn w’hen they appeared in court and at windows in the small jury room. They had breakfast at 6:40 in a restaurant near the courthouse and returned to their deliberations. There arc no cots in the jury room. The jurors were forced to get what little sleep they could in straight-back chairs, on a single long table, or on the floor. Given Case at 5:45 The jury took the case after concluding arguments by Roy Adney, special prosecutor, and first reading of instructions by Judge Hornaday. In hope that a verdict might be forthcoming immediately, after five W’eeks and two days of trial, the court sent the talesmen to the jury room Tuesday evening at 5:45. Twenty minutes later they went to dinner, convincing a mass of spectators that they were not in agreement. Returning to deliberation shortly before 7, the jurors were locked up for the night, and the courthouse cleared of newspaper men and spectators at 11 p. m., the time limit Hornaday set for receiving the verdict.

Order Tobacco and Heat The judge directed jurors to return a sealed verdict should they end their deliberations between that time and 9 this morning, but, so far, no word of a sealed verdict had, leaked from the jury room. At 9:55 Tuesday night, the courtroom, still partly filled, was stirred when the jury room bell rang. Tho jurors ordered three kinds of smoking tobacco, chew’ing tobacco, matches and more heat. Mrs. Simmons appeared worried Tuesday night when Hornaday charged the juror with forty-two instructions on their possible verdicts. She was taken to her jail cell when the jury began deliberations. Hornaday told the veniremen they might return any of five verdicts: Guilty of first degree murder; second degree murder; either voluntary or involuntary manslaughter, or acquittal. Court Fixes Penalty The state law, he told them, provides for the court to fix the penalty. On the first-degree count, life sentence or death in the electric chair can be directed. Life sentence is mandatory under conviction for second-degree murder, while either of the manslaughter counts calls for a mandatory sentence of two to twenty-one years. Under acquittal, the state still would have opportunity to rearrest Mrs. Simmons on a charge of the first degree murder of Alice Jeans sister, Virginia. The state alleged both girls w’ere slain by their mother, who, it is charged, inserted strychnine capsules into chicken sandwiches she took to a family outing in Memorial park here, June 21. The indictment for the slaying of Virginia is pending.

Defense Case Attacked Adney, in the state’s closing arguments to the jury, attacked the defense case and John Simmons husband of the defendant, and declared the story of the family, re* lated at the trial, was “one of obligation.” He laid the blame for the murder of the girl on the mother, asserting that when the sandwiches left Mrs. Simmons’ Hancock county home they carried “an insiduous and hellish death.” Earlier Tuesday, Charles L. Tindall, defense attorney, fired a barrage at Horace N. Jackson. Hancock county fanner, who has been the “unofficial defendant” of the trial. The attorney openly accuses Jackson of the strychnine murders.

Outside Marion County 3 Cent*