Indianapolis Times, Volume 43, Number 167, Indianapolis, Marion County, 21 November 1931 — Page 2

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CONVICT PLANS ANOTHER FIGHT FOR FREEDOM JJ. S. Circuit Court of Appeals May Get Case of Francis Murphy. By Times,Special ROCKVILLE, Ind., Nov. 21. Francis Murphy,'Terre Haute, seeking release, from the Indiana state prison, to which he was sentenced in Parke circuit court here as a result of robbing the Bridgeton State bank seven years ago, may carry his fight to the United States circuit court of appeals at Chicago. The case is one without parallel In the history of Indiana jurisprudence as Murphy made practically no defense at his trial and did not open his fight to be liberated until about three years ago when John K. Stephenson, cashier of the bank, died. t Convict Makes Statement About the same time A1 House, serving a fifty-year term in the Florida state prison, signed a statement in which he absolved Murphy of blame for the Bridgeton robbery, claiming hq and two other men, also Florida convicts, were guilty. Authorities said after an investigation they learned the two men mentioned by House were not in Indiana at the time the crime was committed. On the strength of the House statement, counsel for Murphy asked for anew trial in circuit court here and their motion was granted. Defense counsel later filed a motion in Vigo superior court at Terre Haute asking that Murphy be admitted to bail. Action Forbidden Counsel for the Indiana Bankers Association succeeded in obtaining a writ of prohibition from the Indiana supreme court forbidding three judges from entertaining a motion for admission to bail. Tire next move of defense attorneys was to petition the federal court for northern Indiana for a writ of habeas corpus. This was denied, and now the attorneys are planning action in the appeals court. SLAYING CANCELS TRIP Two Kokomo Men Planned to Hunt With A. L. Culbertson. By 'limes Special KOKOMO, Ind., Nov. 21.—A. L. Culbertson, slain at his home in Mt. Lebanon, Pa., is a brother of George Culbertson, former chemist at the Kokomo plant of the Pittsburgh Plate Glass Company. The widow of the slain man is being held on recommendation of a coroner’s jury. John Delaplane and Mark Falvey of Kokomo had planned a hunting trip with the Culbertsons this week, and had started east to keep the engagement when they learned of the tragedy at Mt. Vernon, 0., w-here George Culbertson now' resides. Fraternity Accepts Seven By Timex Special BLOOMINGTON, Ind., Nov. 21. ♦Seven Indiana university sophomore ! men students made high enough grades during the second semester of their freshman year to bring their average to a point making them eligible for membership in Phi Eta Sigma, honorary scholastic fraternity. The seven students are: Charles M. Bowmian, Albion; David Cohen, Indiana Harbor; Robert M. Cavanaugh, Indianapolis; Max Ganz, Marion; Edward Goldstein, Paterson, N. J.; Charles H. Kinzer, Laconia, and James Mentzer, Mentone. Initiation sendees for these seven students will be held Dec. 2. Town Decision Scheduled > By Times Special PLYMOUTH, Ind., Nov. 21. Whether Argos town officials will be able to proceed with expenditure of $4,000 for public improvements was io be decided here today by Circuit Judge Albert B. Chipman, ruling on William Foker’s suit to restrain officials from spending the money. Foker seeks an injunction to halt the officials from spending the money, a surplus fund, to build an addition to the electric plant. State Approval Needed By Timex Special ANDERSON, Ind., Nov. 21.—Petition of Madison county commissioners to the Anderson board of works for extension of municipal electric service to the county infirmary' requires approval by the public service commission because the infirmary is now’ buying electric current from another source. A one-half mile extension of a rural line of the city plant would be necessary to serve the poor farm. Liquor Brings Penalty By Times Special SOUTH BEND, Ind., Nov. 21. Miss Helen Young, 27. operator of a liquor establishment, was fined $250 and costs and sentenced to serve three months at the Indiana woman’s prison when she was found guilty in city court of possession of liquor. She appealed to circuit court. Death Follows Operation By Times Special NOBLESVILLE, Ind., Nov. 21. Peter B. Sinnott, 54. died at a local hospital following an operation. He will be buried at his former home in Washington. The family came to Hamilton county from southern Indiana two years ago. He leaves his widow’ and three children. Harry and Charles Sinnott, near Noblesvllle, and Mrs. Charles Queen. Prisoners Questioned By T imes Special MISHAWAKA. Ind., Nov. 21. Two Kalamazoo (Mich.) men arrested here on charges of carrying concealed weapons and vehicle theft, are being questioned in connection with a series of holdups and robberies in the vicinity of South Bend and Mishawaka. They are Joseph Dubey and Jerry Heydenberk. '

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Train a Day Serves Once Active Line By Times Special VINCENNES Ind., Nov. 21. Only one freight train a day is being run over the St. Frances-ville-Vincennes division of the Big Four railroad which once carried three passenger trains daily, and for a short time four were run, all with good patronage. Back in the days when passenger traffic was profitable, fishermen would bargain with the engineer to stop the train at favorable places for angling and to stop again and pick them up on the return trip. Engineers were often rewarded w’ith fish for this extra service.

SUIT DEMANDS ! CLERK’S OFFICE Auburn Man Replaced After Becoming 111. By 'l imes Special AUBURN, Ind., Nov. 21.—Forrest Potter has filed a suit in Dekalb circuit court seeking the office of Auburn city clerk to which he was elected in November, 1929, for a four-year term. He became ill and in July the city council appointed Miss Neva Beaty, former Auburn county recorder, to the place. Later Potter demanded the office. ; but the council refused to displace I Miss Beaty. In addition to return of the office, Potter demands salary for five months beginning in July; SI,OOO damages from Miss Beaty and a court order restraining her from serving as clerk. The office pays a salary of S9OO | a year. BANK RECEIVER CHOSEN LaGrange Attorney Will Close Up Trust Company Affairs. By United Press LAGRANGE, Ind., Nov. 21. Frank Dunten, Lagrange attorney, was named receiver for the defunct Lagrange County Trust Company by Judge Clyde Carlin here Friday. E. O. Grady, former president of the institution, had been liquidating agent since the bank was closed. Judge Carlin said Dunten was named to the post because of his efficient work as receiver for other banks. Rollo N. Walter, state senator, indicted on embezzlement charges following closing of the bank, is expected to go on trial Dec. 16. B. S. Walter, vice-president of the institution, and Grady are accused in similar indictments.

INTERURBAN FIELD RULED BY INSULL

Latest Abandonments in State Remove All Other Companies. Insull and his - Indiana railroad now are alone in the field as Indiana interurban operators. For the public service commission has authorized the Indianapolis & Southeastern to discontinue its interurban service by midnight, Dec. 31. The road operates two branches, and was the only line entering the Traction Terminal in Indianapolis that wasn’t Insull-owned. One branch goes to Greensburg. through Shelbyville, and the other to Connersville. Petitions of the company to inaugurate bus service over these routes are pending before the commission. Opposed by Greenfield A total of 146 miles of interurban service was ordered abandoned by the commissioners at a conference Friday afternoon. In addition to the Indianapolis & Southeastern lines, the commissioners voted to permit the T. H„ I. & E., now’ part of the Insull system, to suspend service from Indianapolis to Dunreith. This move vigorously w’as opposed by the city of Greenfield, which will be without interurban service. Original petition was for abandonment of the line from Indianapolis, through Greenfield to Richmond. But upon a lettco of suggestion from the commission the Insull interests concocted a scheme to operate over the line through Newcastle i and on to Richmond, causing the abandonment to apply only to the route as far as Dunreith. Commissioner Jere West wrote the Dunreith abandonment order and Commissioner Frank Singleton the Indianapolis & Southeastern. The order written by Commissioner Howell Ellis and banning use of the therm system of measurement for gas utilities was adopted unanimously. Commissioner Singleton wrote a separate opinion, however, in which he set forth his views regarding use of the therm. Cubic Foot Plan Stands Both orders admit that it is scientifically correct, but criticise i the method used by the utilities in ' forcing it on clients and crowding out the more easily understood cubic j foot system of gas measurement. The cubic foot system alone will

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SLAYER MAKES FIGHT AGAINST i CHAIR DEATH Girl-Wife Murderer Will ‘Appeal to Indiana Supreme Court. ! By 7 imes Special TERRE HAUTE, Ind., NOV. 21. Counsel for Lawrence Johnson, sentenced to die Dec. 10 in the electric chair at the Indiana state prison for the ax murder here of his 16-year-old wife, Mildred, an expectant mother, is completing an appeal to the Indiana supreme court. A transcript, of the trial record, i comprising 1,500 typewritten pages, has been completed. Mrs. Helen Mahley, Vigo circuit court reporter, worked throughout the summer on the transcript. Johnson is in the death cell at i the prison, having been removed | there from Vigo county jail here | after all efforts in local courts in his behalf had been exhausted tty Attorney Norval K. Harris. The transcript contains several affidavits in support of the defense contention that Prosecutor Charles C. Whitlock and Judge John P. Jeffries made improper statements to the jury. A stay of execution by the supreme court is believed assured, to give time, for an examination of the record as a basis for a decision on the appeal. PUBLIC VIEW BLAMED FOR LIGHT SENTENCES Federal Prosecutor Comments on George Adams Case. By United Press SOUTH BEND, Ind., Nov. 21. Oliver M. Loomis, United States attorney, attributes the state’s failure to obtain a stronger penalty against George Adams, Ft. Wayne, to “unfavorable public opinion.” Adams w r as sentenced to two to twenty-one years in the Indiana state prison for manslaughter in the slaying of John Wilson, prohibition agent. “The sentiment of the Ft. Wayne public was reflected by the jury which returned the manslaughter verdict against Adams,” Loomis said. “The state is to be complimented for building up a strong case, but unfavorable opinion prevented a maximum penalty.” Loomis said it was possible that Adams would be tried on federal charges after his release from the state prison. Bishop Honored By Times Special ' FT. WAYNE, Ind., Nov. 21. Bishop John F. Noll of the Ft. Wayne diocese has been elected a member of the administrative committee of the National Catholic Welfare Council.

be used from now on under the Ellis decision. The case was instituted on commission motion after protest against the therm came from the thirty-two counties where it was being introduced. Nearly every Indiana large city and town, outside of Indianapolis, was affected. Deaths of sixteen persons in five years at the T. H., I. & E. interurban crossing on United States Road 40, one mile west of Plainfield, caused the commission to order automatic crossing gates erected there. Petition for the gates was filed by J. H. Jones and others living in the vicinity. The commission refused to grant the petition of the company asking the state highway commission to share in the SB,OOO estimated cost. The highway commission can join in such projects, under a 1931 statute, where the crossing is considered “extra hazardous.” Kiwanis Club Elects By Times Special GREENCASTLE, Ind., Nov. 21. E. E. Bartley is the new president of the local Kiwanis Club. Other new officers are John Egan, vicepresident; C. D. Chapman, treasurer; R. P. Muffins, trustee; Ernest Brow’ning, John Boyles, Joe Momstock. Audrid Fleenor. Bernard Handy, Sam Hanna and Ernest Stoner, director:'.

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ELSIE JANIS WON’T ACT UNLESS BROKE

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TRUCK RACKET CHARGE PROBED State Police Told of Extortion From Drivers. By Times Special MICHIGAN CITY, Ind., Nov. 21. —Racketeers swindling Michigan trucking concerns by “shaking down” drivers for excessive loads, are being sought by state highway patrolmen in Laporte county, Lieutenant Walter Wilson, Chesterton, discloses. James W. Carpenter. Wilson said, informed him that a band of men were stationed near the IndianaMichigan state line stopping, weighing all trucks and exacting a tip, usually about sls, before they permit the drivers to continue on trips. The charge was made to Carpenter by Michigan commissioners of vehicles. Wilson, after investigating, said that he failed to find any trace of the men, but would continue to patrol the road. WELDING JO BE TOPIC Annual Conference to Be Held at Purdue Dec. 10 and 11. By Times Special LAFAYETTE. Ind., Nov. 21.—The annual state welding conference will be held at Purdue university Dec. 10 and 11, it is announced by Professor W. A. Knapp, assistant director of the engineering extension department of the university. The conference will include lectures and demonstrations of welding with electricity and gas. Welding with ordinary city gas is anew development recently perfected at Purdue, after much experimental work. The course is designed especially for men who are actually doing welding in commercial plants of the state, and lor factory officials who have welders -working under their direction. The conference usually draws from 150 to 200 persons. Indiana Sheriffs Elect By United Press FT. WAYNE, Nov. 21.—Officers chosen at the closing session of the Indiana Sheriffs’ Association at the annual convention here were: President. Fred G. Lunz, Allen county; first vice-president, Mearl Forry, Elkhart county; second vicepresident, Wesley Williams, Sullivan county; treasurer, Homer Stonebraker, Cass county, and secretary, Clifton Small, Howard county. Older Boys to Meet By Times Special HUNTINGTON, Ind., Nov. 21. Program for the twelfth annual state Y. M. C. A. older boys’ conference to be held here Nov. 27, 28 and 29 is announced by Earl Saffen, physical director of the local Y. M. C. A. Among those on the program will be Dr. Frank Slutz, Dayton, 0., and Dr. Earl E. Harper, president, of Evansville college.

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Expresses Desire to Go On as Writer While at Ft. Wayne, By Times Special FT. WAYNE, Ind., Nov, 21.—1nI terviewed while a train was stopped here, Elsie Janis, noted actress, en route from Hpllywood to her home in Tarry town, N. Y., announced she would not return to the stage, “unless I go broke,” and expressed herself deeply interested in her new career as a writer. She recalled that she has not been on the stage since the death of her mother. Miss Janis writes dialog for motion pictures, and her work has been seen in “Paramount on Parade,” "The Squaw Man" and others. "Oh, well, ’tis better to quit when you are still beloved,” she remarked. "You know, you can go so far in one line, and then the time comes to quit. I've had a lot of fun writing, and writing is what I intend to continue to do.” Asked if the legitimate stage is coming back, Miss Janis said; “Are you sure it ever went out? I don't think it ever went. It is true that the road show business is bad because of the talkies, but the legitimate i$ here forever.” TRAGEDY HALTS PARTY WITH THIRTEEN GUESTS Automobile Crash Ends Life of South Bend Woman. By United Press SOUTH BEND, Ind., Nov. 21. Thirteen guests were invited by Mrs. Paul Burke-Berry to her son's birthday party. After twelve of the guests had arrived, the thirteenth, Daniel Downey, 7, telephoned to say that he had no way to come. Mrs. Burke-Berry drove after him. En route to the party, Mrs. Burke-Berry was killed in an automobile crash and the thirteenth guest suffered a skull fracture which probably will prove fatal. INN WING DEDICATED Ceremony Held Friday Night at Pckagon State Park. By Times Special ANGOLA, Ind., Nov. 21.—Four hundred persons attended a ceremony Friday night dedicating a new wing of Pottawatomie Inn at Pokagon state park. The wing cost $28,000. Speakers on the program were Richard Lieber, director of the state conservation department; Dr. Stanley Coulter, conservation commission chairman; Judge Clyde Carlin of the Steuben-Lagrange circuit court; Arthur K. Remmel, Ft. Wayne newspaper publisher; Arthur H. Sapp, Huntington, and Robert C. Boren, Fountain City, state highway commission members; Knowles Smith, South Bend, and Martin Goshorn, Clay City, conservation commission members. Edward D. Willis, Angola, presided. Sunday Game Canceled By Times Special NOBLESVILLE. Ind., Nov. 21. Paul Michaels is the new president of the Noblesville Kiwanis Club. Emmet Fertig is vice-president. The new board of directors is composed of John T. Kester, Raymond Caca, E. E. Cloe, A. H. Baker, Ralph Waltz, Bert Ludlum and Benson McLaughlin. The club was sponsoring a football game to be played here Sunday for charity, but by a vote of two to one the contest was canceled at the request of the Noblesville Ministerial Association, which is conducting a union revival. A GOOD BUSINESS SCHOOL Strong business, stenographic, secretarial and accounting courses: individual instruction in major subjects, large faculty of specialists in their respective lines. Free Employment Service. Fred W. Case. Principal CENTRAL BUSINESS COLLEGE I’erutsylrania and Vermont First Door Norrh Y. W. C. A.. Indianapolis, Ind.

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NINE ACCUSED OF COMPRISING THIEVING GANG Stealing From Freight Cars Basis of Charges at Logansport. By Times Special LOGANSPORT, Ind., Nov. 21. Affidavits charging nine persons with stealing merchandise from railroad freight cars have been filed in Cass’ circuit court by Prosecutor Glen Miller. Those accused are Cecil Smith, Paul Patchett, Mike Petrovich, Mickey Hogofian, John Miller, Harry Gleason. Jewell Knight, Earl Smith and Bert Wolf. Officers describing methods alleged to have been used by the gang said the accused would mount freight trains at terminal points and would use a rope-ladder in reaching car doors. After effecting entry’, such merchandise as was wanted would be collected near the open door and pushed out at previously selected points to be gathered by accomplices. Patchett, first of the group to be arrested, sought to keep in touch ; with others after being placed in jail here. A map said to have shown location of some of the loot was pushed from a window of his cell, officers charge. FIVE TO COMPETE FOR RHODES SCHOLARSHIP Indiana University Entrants Chosen for State Test Dec. 5. By United Press BLOOMINGTON. Ind., Nov. 21. Announcement of five Indiana university students who will compete! for Rhodes scholarships was made! by university authorities here Fri- j day. The candidates, who will appear: before a state committee in Indianapolis Dec. 5, are Robert E. Bates, Bloomington; George E. Mcßeynolds, Clinton; Lawrence Wylie, Columbus; Ross Barr, Kentland, and' John L. Ferry, Akron. Ferry is a ; junior, Barr a senior and the others j post-graduate students. The state committee will select two students to represent Indiana in the district examinations later in December, when representatives of six states will meet. Rhodes scholarships are for three years at Oxford university, Oxford, England, at $2,000 a year. Wage Cut Protested By Times Special SOUTH BEND, Ind., Nov. 21.—An appeal to Representative Samuel B. Pettengill to aid in a fight against reduced wage scales on construchas been made by local labor leaders. The Department of Labor set 50 cents an hour as the wage scale, but this was cut 10 cents an hour on order of the treasury department. Pettengill promised his aid in seeking to return the original wage. Bank Plans Advanced KOKOMO. Ind., Nov. 21.—Plans for establishing the First National bank are being made here today by committees of depositors and stockholders of the delict Citizens National bank. It is planned to capitalize the new institution at $150,000. B. B. formerly connected with the Continental Steel corporation, is expected to be named president.

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Rotary Ban on Talk of Hard Times By Times Special NEWCASTLE, Ind.. Nov. 21. —At the suggestion of E. G. Scotten, local attorney, members of the Newcastle Rotary Club have pledged themselves not to use the words depression, panic, hard times or similar words and to assume a cheerful attitude. Scotten pointed out that fall tax collections were normal; that there has not been a retail business failure here in eighteen months, that the Chrysler automobile factory is assured of operation until Feb. 1 and the central charity organization has announced there is no need for fund solicitation.

STATE ROTARY OFFICE SOUGHT 4 Portland Club Enters Carl Bimel for Governor. PORTLAND, Ind., Nov. 21.—Carl Bimel of Portland is a candidate for the governorship of Indiana Rotary clubs, with the backing of the local club. A governor will be elected at a state meeting in Indianapolis, Feb. 21 and 22. The Portland candidate is head of the Bimel Spoke and Wheel Company. Bimel is a charter member of the Portland Club, and has served it twice as president. He served a year as group representative. He has attended four international conventions and all district meetings. ARCHITECTS TO MEET New Developments in Building to Be Discussed. By Times Special LAFAYETTE, Ind., Nov. 21.—Engineering problems encountered by architects in their every-day work will be discussed at a special con-, ference for architects to be held at Purdue university Dec. 14 and 15. Changes in building construction come rapidly and the conference was called at the request of Indiana architects who desire to keep abreast of all new engineering developments in the building field. Such topics as welded joints, limestone stains and their removal, building codes, concrete as a building material, and other subjects will be on the program with members of the university staff and others from industry as speakers. Robbery Suspects Held By Times Special SOUTH BEND, Ind., Nov. 21. Three Elkhart men, one said to be a former deputy sheriff of Elkhart county, were arrested here by Sheriff Walter I. Fegan and deputies and are held here for questioning regarding the attempted holdup of Frank Kimble, employed at the Twin Branch Power plant of the Indiana and Michigan Electric Company. They were traced through a license number on an automobile reported to have been parked near the entrance to the plant when Kimble escaped being robbed, police said.

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WILL ATTACKED AT VALPARAISO AS THIRTY SUE Effort Made to Prevent Use of Money to Build Institution. By Times Special VALPARAISO. Ind., Nov. 21.—A suit attacking the will of Mrs. Hannah J. Loring, who directed that an estate valued at $25,000 be used in establishing a home for the aged or an orphanage, has been filed in Porter circuit court, in behalf of thirty persons claiming heirship. Mrs. Loring, who died Dec. 1, 1930, proposed that the institution be a memorial to her late husband, Dr. David J. Loring, a physician and surgeon of state-wide prominence. The Thrift Trust Company of Valparaiso, executor of the will, is defendant. The suit alleges that Mrs. Loring was of unsound mind when the will was written; that it was obtained by fraud and executed under duress. The will is dated Mav 29, 1923. SUICIDE’S COMPANION DENIES SLAYING GUILT South Bend Prisoner Asserts He Was on Pleasure Ride. By Times Special SOUTH BEND. Ind.. Nov. 21. Stanley Staszewski. 27. continues io deny guilt in the slaying of Emery Bokor, 39, a grocer, which was followed by the suicide in jail here of Joseph Jonas, 32, arrested with Staszewski. Jonas hanged himself with his belt. He too maintained his innocence, but Police Chief John B. Kuespert says a conclusive case could have been made against him. Staszewski asserts he was taking Jonas for a pleasure ride in his automobile. Robbery was the motive for slaying the grocer who had $1,200 on his person shortly before his death, but had banked it. Near the body of Jonas a not% ■was found absolving the other man of any connection with the crime. The suicide, described as a destitute bootlegger, directed that his debts be paid from insurance money. Auto Buyer Acquitted By Times Special COLUMBUS, Ind., Nov. 21.—John Forgeson, 20, was acquitted of purchasing a stolen automobile by Circuit Judge Charles S. Baker. A new’ sedan, said to have been stolen by Robert Woodruff from Clarence Walker of Sheridan. Forgeson was alleged to have bought it for sls. Forgeson testified that he purchased the car from Woodruff, paying $4 down on March 7, and w’as to have paid the remainder w’hen the car was delivered to him. He denied knowing the car was stolen. Woodruff is serving a term in the Indiana reformatory for vehicle taking. He w’as brought here for the trial and testified for the state, saying that he told Forgeson that the sedan was a “hot car.”

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