Indianapolis Times, Volume 43, Number 211, Indianapolis, Marion County, 12 January 1932 — Page 1

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MARTIAL LAW IS DEMANDED AT HONOLULU Citizens Terror Stricken: U. S. Troops Are Held Ready for Calls. CABINET PONDERS CASE Trial of Four in Revenge Murder May Be Taken to California. Bt UniUd Treis Developments today on several fronts in the Honolulu “revenge murder'* case included: / Emergency orders given troops at Ft. Shatter as Honolulu citizens, roused by island terrorism, demanded martial law. Orders issued by Secretary of Navy Adams at Washington directing the naval commandant at Honolulu to refuse to surrender Lieutenant Thomas Massie to civil authorities until Washington so advisee. Consideration of the Honolulu situation by President Hoover’s cabinet with the report that Secretary Adams was seeking some means of obtaining a. mainland trial for Lieutenant Massie and others held with him on murder charges. Statement from Attorney-Gen-eral Webb of California that trial of the four persons accused could be held in California only if the case is taken into the United States district court at San Francisco. BY DAN CAMPBELL Unitrd Press Stiff Corresnondrnt HONOLULU, -Jan. 12.—Emergency orders were given troops at Ft. Shatter today as citizens of Honolulu, aroused by island terrorism and l lie murder of a, young Hawaiian, demanded martial law. With Hawaii’s rigid territorial law already invoked to protect women from further attacks, it was learned l hat commanding officers of the Sixty-fourth coast artilllery were prepared to answer riot calls on ten minutes’ notice. The call for martial law was made at a meeting of 1,000 prominent Honolulu residents' just as anew grand jury was chosen to consider indictments in the kidnaping and slaying of Joseph Kahahawai. Held On Warship The accused, held aboard the warship Alton at Pearl Harbor, are Mrs. Grance Hubbard Fortescue, 49, New York and Washington society figure; Lieutenant Thomas H. Massie, 26, her son-in-law, and E. J. Lord. 22, and Albert Jones, 57, enlisted men. Kahahawai, one of five natives recently tried on charges of attacking 20-year-old Thalia Massie, wife of the lieutenant and daughter of Mrs. Fortecue, was spirited away and killed last Friday. His battered body, wrapped in a sheet, was found, officers claim, in an automobile occupied by Mrs. Fortescue. Massie and Lord. The killing electrified Oalm island. Ft. Shafter guards are on the alert twenty-four hours a day, company streets benind the barracks are filled with loaded machine guns, riot rifles and tear gas smoke candles, and waiting nearby stand transport trucks. Troops are being drilled in bayonet maneuvers. The men of battery F, even were called out after dark for advance training, it was learned. Bare Prison Scandal Meanw'hile. the. ridiculous conditions at Oahu prison, which is inside Honolulu city limits, were disclosed. Prisoners were walking out with guards ai.u trusties, visiting friends or relatives, and then voluntarily returning. It was revealed that guards were attending a New Year’s eve party when Louis Kaikapu and Daniel Lyman, two prisoners described as "dangerous,” walked out of the main gate. Kaikapu invaded the home of an American couple and attacked the young American matron, who was alone in the house. Immediately, Governor General Judd Invoked the rigid territorial law, creating a territorial police force. This threatened to open a breach between the government and Sheriff Gleason. Branded Malicious The conflict between naval and civil authorities regarding sex crimes was intensified when the governor-general branded as "malicious and exagge ated.” the claims of navy officers that white women were not safe in Honolulu. Governor Judd made his assertions In a cablegram to Victor S. K. Houston, territorial delegate, after Secretary of Navy Adams ordered naval authorities at Honolulu to refuse to surrender Lieut. Massie to civil authorities without the department’s permission.

Who Said Apartments Aren’t Renting . . . Many persons wanted to rent the suite advertised in the ad below. Think of it . . , several people are still looking for a place to live, as only one got this suite. If they saw this ad they will be lookfor yours. Put it among the Times rentals tomorrow. Phone Riley 5551 day or night. Say “Charge It.” Ask for Special Weeklv Rate. DICKSON m—J.rm. (ISO*. S-rm. (Ill*: mod. aut*.: oleasant; *alt. dtn. Rt. ISIS.

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The Indianapolis Times Rain tonight and Wednesday; slightly warmer tonight, much colder Wednesday night or Thursday.

VOLUME 43—NUMBER 211

A Flower and More Flowers

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It’s the flower of the show! What flower? Well, take your pick in the photo. You see roses, carnations, buddleias. lilies, lilies of the valley, hyacinths and Mrs. Lenore Bretz. of 4356 College avenue, at the meeting of the State Florists’ Association of Indiana today in the Hotel Antlers.

OXYGEN PLANE RACING DEATH Portable Room Sent by Air to Save Girl in Arizona.! By United Press TUCSON, Ariz., Jan. 12.—The ’’oxygen room” ordered here by airplane from New York last night is for the use of Henrietta Bingham, daughter of Robert Bingham, publisher of the Louisville G (Ky.) Courier-Post, the United Press learned Jbday, ' ; , fet the' desert sanitarium.Jrom .Jbe# where Mt&lgHfhain./ is ir : patient, the exact, ofG.he case was not leamedp®Said to be Tn ”a dying condition” the girl’s life may be prolonged if ’he oxygen "room” arrives late this afternoon. The oxygen “room.” a portable. 500-pound affair, is used in cases where the patient .suffers from collapse of the respiratoryorgans, it was said. M’KEESPORT. Pa.. Jan. 12.—The airplane carrying a special oxygen "room” to Tucson, Ariz., was forced to land about four miles from here today because of lack of fuel. The plane was undamaged as it landed in a field east of here, according to Bettis field attaches. Attendants were sent to the plane with fuel. SETS MELLON HEARING Honse Judiciary Head Acts to Air Impeachment Charge. By United Press WASHINGTON. Jan. 12.—Chairman Sumners of the house judiciary committee announced today that the "sufficiency” of the impeachment. charges against Secretary of Treasury Mellon would be considered Wednesday at a public hearing.

JURY CHOICE SLOW IN JACKSON MURDER TRIAL

By Tiinrs Special LEBANON, Ind., Jan. 12—Selection of a jury to try Charles Vernon Witt, escaped convict, on the charge of murdering Lafayette AJackson, Indianapolis chain store head, progressed slowly in circuit court here today. With exhaustion of the first venire of fifty talesmen, members of the second group drawn for service are being questioned this afternoon. It was believed Judge John W. Hornaday would order a third venire of fifty summoned for Wednesday. Majority of the prospective jurors who were dismissed, lost their seats because of opinions they held and said evidence could not change their views. The state excused those who said they would not vote for the death penalty. James New of Lebanon, questioned by attorneys, declared he “is everlastingly opposed to banditry, but I can act fairly in this trial.” He retained his place, after severe questioning by the defense. Witt, heavily manacled, was brought to the courthouse today unaccompanied by Louis E. Hamilton, alleged “trigger man” in the Jackson slaying, who w’ill not be permitted in the court until his trial is held. On a defense motion, Judge John if*

The convention opened at 1 p. m. w-lth judging of floral exhibits. The annual banquet will be held at 6:30 tonight. The photo was taken through the courtesy of Bertermann Bros. Cos., city florists, from the varied species of flowers on display.

City Patrol Racket Is Suspected t barges ag§Thst five wsy^p*-*cd Officers of Special Patrol Service, Inc., 2208 North Meridian ; street, were dismissed tqday by Mai nicipal Judge H. Sheaffer on motion of prosecutors. The seven men were arrested two weeks ago on charges of impersonating officers, carrying concealed Weapons and operating a detective agency without a license, be Following a conference today hvith members of the safety board, f Police Chief Mike Morrissey said a grand jury investigation will be launched into activities of the patrol. Evidence held by detectives who arrested the seven men will be laid before the probe group at the jurors’ rquest, Morrissey said he under- ; stood. Morrissey said further that the safety board is to a study of alleged racketeering by special police groups in the city. A plan was proposed by Morrissey to compel these special groups to ivear special uniforms. The state moved to dismiss the i charges today after defense attorneys produced license issued by the secretary of state. Those freed are: Clyde H. KAann. 343 South Audubon road, oresident; F. Glenn Downey, 3143 Nortnwestern avenue, vice-uresident; Howard P. Youne. 3720 West Sixteenth street; H. W. Davis. 2931 Park avenue: Herbert Cinderey. 1443 North Meridian stret: Judee Williams, address unknow'n. and Russel Emery. 1221 North Delaware street. Firemen Injured in Blaze By United Press BRIDGEPORT. Conn., Jan. 12. Thirty-three firemen and all but one chief of the Bridgeport fire department were injured or overcome by smoke todays in a quarter-mil- ; lion dollar fire i ”that swept th% Brooks Furniture Company and the adjoining Masonic temple.

!W. Hornaday ruled Witt’s trial ; would be held first. Attorneys for the state and defense said they believed a. jury I would be sworn in probably Wednesday. Presentation of evidence is exI pected to consume two weeks. Jackson was wounded fatally when he resisted the holdup attempts of two bandits in his East Washington street store May 27. ' 1931. He was caught between the i cross-fire of the 1 gunmen and died i the following day. Ira M. Holmes and Elza Rogers, | defense attorneys, hammered at the possibility of Witt being a victim of mistaken identity during their ques- | tkraing of talesmen, j The prosecution, headed by Herbert E. Wilson, Marion county prosecutor, is expected to lean heavily on the purported confessions of the two murder suspects. These alleged statements have been repudiated by the duo since their indictI ment. Dressed in the height of fashion, Witt was surrounded by his wife, Naomi; his parents. Mr. and Mrs. Charles K. Witt, and sister, Arthelia of Bainbrfdge, Ind. Among spectators at the trial preliminaries are Hamilton’s father and sister. J. H. Hamilton and Miss Grace Hamilton, of the Kansas town. Mrs. lone Hamilton, who was married to Louis shortly before hte ; arrest, also was in court.

INDIANAPOLIS, TUESDAY, JANUARY 12, 1932

RADIO CARRIES TRAGIC NEWS City Man Hears Brother Is Slain by Gangsters. The voice of a radio announcer ! Monday night struck tragedy in the j home of Joseph Rosenberg, superintendent of the filing room of the state license department. Rosenberg heard the news announcement that the manager of the International Cleaners and Dyers had been shot to death by j three gangsters who opened fire on j him as he approached his home in j Maywood, a Chicago suburb. The name of the gunmen’s vie-! tim was Benjamin Rosenberg, 48, j He was the brother of the state of- i ficial. They have not seen each other for several years. Joseph Rosenberg left early to- ■ day for Chicago. The assailants drove up to the ; sidewalk in an automobile bearing j Indiana license plates, leaped out! and beat Benjamin Rosenberg toj the ground with pistol butts. They , then fired six shots into his body,! re-entered their automobile and I speeded away. _ Rosenberg refused to employ union labor. Several times vandals have broken into the establishment and scattered acid over clothes. SEEK MORE BODIES Cincinnati Child Slayer Is Suspect in Other Crimes. By United Press CINCINNATI. Jan. 12.—The con- j session of an eccentric whitewasher, j whose hobby was studying crime, ; that he attacked and killed 6-year- j old Marian McLean was to be ! studied today by the Hamilton county grand jury, with a view to returning a first degree murder indictment. County Prosecutor R. M. Gorman *aid he would call twenty witnesses before the grand jury in an effort to indict Charles Bischoff. 45, whose : revolting confession Monday led tn a further search of the basement | of his tenement, where he "discovered” Marian’s body three days before Christmas. Investigators were digging in the cellar on the theory that other; child victims of fiend attacks may ; have been buried there. STATE CASE RESTED — —— Heiress Soon to Know Fate | in Murder Trial. By United Fmss FLINT, Mich.. Jan. 12.—With the record packed with damaging evidence, the state rested today in its case against Helen Joy Morgan, heiress, charged with murdering her ( garage mechanic sweetheart, Leslie Casteel. The story of Miss Morgan's love for the thrice divorced Casteel, her jealousies, happy times she spent living with Casteel in his cottage, ; threats to kill him, her mother’s ! efforts to break up the affair, and the fatal cemetery shooting which climaxed their illicit love,all: was paraded before the jury and packed court room in the ten days state witnesses testified.

SENATE GIVES APPROVAL TO PLAN Vote Is 63 to 8 in Favor of Hoover Financial Relief Program. HOUSE WILL ACT SOON Scope of Measure Extended by Several Amendments, at Long Session. By United Press WASHINGTON, Jan. 12.—President Hoover’s financial relief program moved nearer completion today, with adoption Monday night by the senate of the $2,000,000,000 reconstruction finance corporation bill. A companion bill is being considered in the house, and it is hoped to have a completed measure adopted by both houses and sent to the President before the end of the week. Mr. Hoover, it is understood, is ready to set the credit wheels spinning on short notice, once the bill becomes law. The vote in the senate, despite vocal opposition, was overwhelming —63 to 8. Those opposed were; Democrats: Connally (Tex.), Billow (S. D.), Wheeler (Mont.), McGill (Kan.), Bratton (N. M.). Republicans: Blaine (Wis.), Norris (Neb.), Brookhart (la.). Paired against the bill: McKellar (Dem., Tenn.), Black (Dem.. Ala.), and Thomas (Dem., Okla.), Climaxes Long Session The vote was taken after a tenhour continuous session. Today the senate will take up the second phase of the Hoover program—the bill to extend $125,000,000 additional credit to federal land banks. This has been passed by the house. A number of amendments to the credit corporation bill were rejected, and a number adopted. Among those rejected were: 1. Copeland amendment, for credit to cities. 2. Shipstead amendment for loans to states for rural credit. Those adopted were: 1. Added $50,000 000 for farm credit* to be administered by the uepawtment of agriculture. 2. Restricted loans to specified institutions, eliminating a "catch-all” phrase which would have enabled the new corporation to take over the business of the privately administered national credit corporation. Prohibits War Loans 3. Prohibited loans for export of war materials. 4. Cut salaries of the four directors from $12,000 to SIO,OOO a. year. 5. Required quarterly reports from corporations receiving loans. 6. Authorized federal reserve banks to act as fiscal agent as well as depositaries for the corporation. 7. Forbade corporation directors to pass *bn loans to companies in which they are interested. 8. Authorized loans to help reopen closed banks. 9. Eliminated a direct appropriation of $500,000,000 for the corporation, thus requiring a second enactment to give it funds. Witness Refuses Answer The National City Company declined today to tell the senate finance committee about a short term credit to Colombia which it holds. Victor Schoepperle, vice-president of the company, said that he considered the matter confidential between the banker and the republic. Answering questions by Senator Johnson (Rep., Cal.), he said the credit agreement was made June 30, 1930, after the president-elect of Colombia had discussed it with him. Johnson warned the witness he was going to ask the committee to require the company to make public the agreement. • Hits Navy Plan Representative Britten (111.), ranking Republican on the house naval committee, today announced his determination to disclose “what influence” caused the navy department to present no •warship construction program to congress this year. Admiral William V. Pratt, in hearings on the Vinson $616,000,000 construction bill, testified that the navy had formulated two bills for new warships but had decided not to present either. RESIGNATIONS OFfIrED LAVAL BY HIS CABINET Prosier May Replace Briand, for Whom Geneva Post Waits. By United Press PARIS, Jan. 12.—Members of Premier Pierre Laval’s cabinet placed their resignations at his disposal today. The cabinet members adopted the same procedure as Foreign Minister Aristide Briand, who placed his resignation at Laval’s disposal several days ago. Laval was thus free to accept the collective resignation of his cabinet, or to replace Briand and the late minister of war, Andre Maginot. It was believed Briand would be replaced and would accept a permanent post at Geneva. Hourly Temperatures Ba. m 43 10 a. m 46 7a. m 43 11 a. m 46 6a. m 45 12 (noon*., 47 9 a. m-.... 47 l p. 48

Long Service Is Ended

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Justice Oliver Wendell Holmes, who resigned today from the United States supreme court.

RIVER DRAGGED FOR

SUICIDE PACT CLEW

Damaged Goods By United Press TAYLORVILLE, 111.. Jan. 12. James Watkins bought a license last Dec. 11 to marry Minnie Fouch. Monday he returned it to the clerk. “She changed her mind and I want my money back,” he said. Clerk Arthylbloxa refused to refund, so Watkins left, leaving the license.

FILE GAG DEMURRER Tennessee Paper Asks Bar to Judge’s Ruling. By United Press FRANKFORT. Ky., Jan. 12. Attorneys for the Knoxville (Tenn.) News-Sentinel, a Scripps-Howard newspaper, today filed in the Kentucky court of appeals application for a permanent writ of prohibition to prevent Judge Henry Prewitt from barring its news representatives from his court. The application was filed with only brief presentation by attorneys. The court took it under consideration along with four affidavits offered by News-Sentinel counsel, and will hand down a written opinion. By United Press MT. STERLING, Ky., Jan. 12. Modification of a court order barring Knoxville (Tenn.) News-Senti-nel reporters from Montgomery county circuit court was entered on the records today by Judge Henry R. Pr?v/itt. Judge Prewitt altered his original permanent ban to read that after the Harfan county conspiracy to murder cases now on trial here are concluded, the New-Sentinel may “cover” his courtroom. COLD SNAPJN WAY Mercury Drop Wednesday Is Forecast. With high temperatures prevailing today, the weather bureau warned of a cold snap, coming from the northwest, due to strike Indianapolis late Wednesday or Thursday. J. H. Armington, weather forecaster, said temperatures in the northwest skidded 40 degrees today. He said the storm will lose some of its intensity before reaching Indiana. Rain, which started today, is expected to continue until late on Wednesday.

HARD BOOZE IS RUINING COLLEGES, SENATE TOLD

By United Press WASHINGTON, Jan. 12—Further testimony that American college students are being harmed by drinking distilled liquors was presented to the senate beer committ€6 today. Representative Robert H. Clancy (Rep., Mich.), said he had found that “students in the great Canadian universities were able to have good beer, while at the University of Michigan, at Ann Arbor, the students actually are suffering from the use of hard liquor and moonshine whisky.” Clancy urged the Canadian system of government liquor distribution rather than the beer bill. Don’t legislate 4 per cent beer ” he said. "That been”

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Girl’s Body Is Found in Stream; Husband Has Vanished. Police today dragged White river for the body of John Foist, ex-con-vict, in their attempt to solve the mysterious death of his pretty divorced wife, Miss Mary Watts, 28, whose body was found near the Raymond street bridge Sunday. After tracing actions of the couple, who last were seen together Saturday, Detectives Clifford Beeker and Alfred Schultz requested police seek his body in the river. Although relatives of Foist bellve the couple may have made a suicide pact, detectives today said it was possible Foist still was alive. Intended to Remarry Whether the girl or both of them had been murdered by being hurled into the river or had carried out a double suicide pact can be determined if his body should be found, officers said. When last seen, the couple was walking toward White river on Morris street, after leaving the home of Mr. and Mrs. Joseph Botos, 1016 West Morris street. Botos told The Times they left his house about 9:15 Saturday night. Miss Watts had been with Foist Saturday afternoon and night and they were in high spirits, telling friends they intended to remarry soon and “start all over.” Beaten; Gets Divorce Members of Aiiss Watts’ family told detectives that Foist often threatened the young woman with bodily harm. It was on the charge of having been beaten by Foist many times that Miss Watts obtained her divorce from him in September, 1930, Frank Symmes, her attorney, said. Marks on Miss Watts’ body were a severe cut on one hip and a large bruise under the left eye. Authorities said the body cut probably was caused by the dredging machine cable by which her body was held in the river while the bruise may have resulted from the woman being struck and knocked into the river. Negro Faces Trial Questioning of Raymond Humphrey, Negro, 332 West McCarty street, Monday afternoon failed to reveal any clews to the crime or suicide. Humphrey is awaiting trial Thursday in municipal court on charges of attempting to assault the young woman on a south side street Jan. 3. Foist, 29, of 1342 Silver avenue, was released from the state reformatory last October after serving most of a one to two-year term for transporting liquor. Survivors of Miss Watts are her mother, Mrs. Arveta Wilson and a brother, John Watts, who lives at 513 South Senate avenue. Funeral arrangements have not been completed.

Clancy contrasted crime conditions in Detroit and on the Canadian side of the border, saying that “practically every gunman in Detroit got his start running liquor.” Representative White (Rep., O.) testified, that there is a widespread taste in this country for a strong drink. He and Clancy urged adoption of the Canadian system of government-controlled liquor stores. E. J. Roche of the Washington Central Labor Union, said the union unanimously is in favor of modification to stimulate employment. L. S. Ray of the Veterans of Foreign Wars read a resolution adopted by the veterans calling for modification of the prohibition amendment and the Volstead act.

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HOLMES QUITS HIGH COURT; HEALTH FAILS Patriarch of U. S. Bench to End Long Service With Supreme Tribunal, VOICES DEEP REGRET Hoover Praises Beloved Justice as He Goes to Private Life. By United Press WASHINGTON. Jan. 12-Justics Oliver Wendell Holmes today resigned as a member of the United States supreme court. The resignation has been accepted. President Hoover announced the retirement of the patriarch of the American bench at noon today. The aged justice, in a letter to Mr. Hoover, said he left the supreme court with deep regret, but that the condition of his health made his resignation necessary. In a letter of acceptance, Mr. Hoover expressed appreciation for Holmes’ long and honorable service on the bench. He knew of no American who had inspired such i respect and devotion. Reads Last Opinion Justice Holmes read his last ; opinion in the supreme court Monday. It was one upholding the legality of a conviction in a liquor case from Eureka. Cal., although it was shown that the defendant had not had possession of liquor himself. It was a particularly complicated case. The justice appeared to be labor- ! ing under difficulty as he read the opinion. Court was delayed for three minutes at the opening while he was assisted to the bench. He read in a voice even louder and more firm than usual and those who heard him commented on the heroic figure he presented, his white , mustache bristling and head shaking, as he emphasized his points. 11l Last Summer The 90-year-old justice was ill | for a long time last summer while the court was in recess. He sufi sered for a time with a severe cold, in his New England home. But he | recovered with a speed which, caused comment from physicians, f who considered his age such as to | make any illness serious. Since his return to Washington for the winter session of the court | it had been evident that his health was failing. He was given assistance frequently as he left his home ! for the court, but he was at his j work regularly, poring over cases I which were assigned to him and ; taking an equal share of the work ; with the younger members of the. court. His associates on the supreme bench marveled at his tenaci ity. When he read an opinion they | listened and watched intently. Justice Brandeis has been with him much of the time recently. The two come and go from court together. Letter of Resignation Read The President, in making public the resignation of Justice Holmes, personally read to newspaper men the following letter of resignation: “Mr. President—ln accordance with the provision of the judicial code as amended Section 260, title 23 United States Code 375, I tender my resignation as justice of the supreme court of the United States of America. "The condition of my health makes it a duty to break off connections that I can not leave without deep regret, after the affectionate relation of many years and the absorbing interests that have filled my life. “But the time has come and I bow to the inevitable. I have nothing but kindness to remember from you and by my brethren. My last word should be one of grateful thanks. “With great respect, your obedient servant, “OLIVER WENDELL HOLMES.” Holmes, dean of the American bench, is the oldest man ever to sit on the supreme bench. He will be 91 next March 8. Wounded in Civil War He was the only surviving Civil war veteran in high official life. Born in Boston, the son of the famous “Autocrat of the Breakfast Table” of the same name. Holmes fought through the Civil war’s bloodiest battles and thrice was wounded. He has served on supreme courts for nearly half a century. He wa3 appointed to the Massachusetts supreme judicial court in 1885. In 1899, he was made chief justice of that court, and in 1902 President Roosevelt chose him for the federal supreme court. The resignation marks the end of one of the most remarkable figures known in modern history. Holmes has said repeatedly that only incapacity would force him to leave his beloved work, the law, which has been practically his entire life since the death of his wife two years ago. SHERIFF IS SUMMONED Roosevelt Calls on N. Y. Official to Answer Graft Charge. By United Press BUFFALO, Jan. 12.—Thomas Farley, sheriff of New York county, was called upon today by Governor Franklin D. Roosevelt to answer charges made against him by Samuel Seabury, counsel to the Hofstader committee investigating New York City affairs. < 0

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