Indianapolis Times, Volume 43, Number 297, Indianapolis, Marion County, 21 April 1932 — Page 1

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DEMAND INSTRU CTED GUILTY VERDICT FOR AMERICANS IN HAWAII HONOR DEATH CASE Angry Hysteria Which Leads Thalia Massie to Destroy Prosecution Evidence Before Eyes of Judge Brings Quick Retaliation. VIVID DRAMA PACKED INTO TRIAL Scene Without Parallel in Island History Is Climax of Wife’s Story of Attacks on Her by Gang of Island Hoodlums. BV D\N CAMPBELL f’nited Tress Staff Correspondent HONOLULU, April 21.—The angry hysteria that led Thalia Fortescue Massie to destroy prosecution evidence before the eyes of judge and jury brought quick retaliation today in demands for an instructed verdict of guilty against four Americans as the honor slayers of her accused Hawaiian attacker. Caught, unprepared by the young wife's unexpected flareup just as the defense rested. Prosecutor John C. Kelley struck back with a claim that Lieutenant Thomas H, Massie's plea of insanity in the slaying is on apparent sham. The usually ready-longued prosecutor was dumfounded by Mrs.

Massie’s unprecedented action, and failed to make capital of it in the ensuing uproar. Now he found himself portrayed as a man hounding a woman who already had suffered much. Apparently not wishing to push the matter further. Kelley said he would not ask for a mistrial, but Instead would demand a directed verdict from Circuit Judge Charles S. Davis. The prospect of such a motion today caused little concern for Clarence Darrow, defense fcounsel, although legal authorities expressed belief Judge Davis would have granted a mistrial, if Kelley had requested It at the time. , The scene, without parallel in island court history, climaxed Mrs. Massie's story of the brutal attack upon her by a gang of island hoodlums.

Mrs. Massie

Darrow offered her testimony in defense of her husband, Lieutenant Massie; her mother, Mrs. Grace Bell Fortescue, and two navy men, A. O. Jones and E. J. Lord. All are charged with the second degree murder of Joe Kahahawai, one of Mrs. Massie's alleged assailants.

Kelley cross-examined Mrs. Massie briefly, then suddenly handed her a slip of paper. It apparently was a psychopathic questionnaire, answered by Mrs. Massie at the University of Hawaii last summer, while convalescing from her injuries. Her tear-stained 1 eyes became wrathful. “Where did you get this, Mr. Kelley?" she cried. “This Is a personal matter between physician nnd his patient. You can not introduce it.” “I’m asking you the questions," i he answered.

Tells Story of Natives’ Attacks

Darrow, calm and legalistic despite the turmoil, shouted above the babble, “The defense rests.” He waited until the disorder died down, then with a hint of triumph In his voice demanded Kelley’s remark stricken. Judge Davis gave the order. Mrs. Massie, numbed and seemingly insensible of what went on, was helped from the stand by her husband. She fell into his arms, crying bitterly. “Everybody knows I love you,” she sobbed. “He has no right to say otherwise.” Mrs. Fortescue. gray and drawn by the ordeal, came quickly to her daughter's side, and the girl was helped from the room. Mrs, Massie was the last defense witness called after Dr. E. H. Williams. second defense alienist, testified he believed Lieutenant Massie temporarily was insane at the time of the shooting. Mr*. Massie told In detail of repeated attacks on her by natives who kidnaped her on Ala Moana road one night last September. She said Kahahawai broke her jaw when she begged for mercy.

Her ash-blond hair in disarray as she wept, Mrs. Massie told of attending a party at Alawal inn with her husband. She became bored with the entertainment, she said, and Viacided to take a walk along the coral road. ‘Kahahawai and four others drove up nnd accosted me,” she continued, shuddering in recollection. “Kahahawai grabbed me. He said, 'Come on, baby, you’re going for a ride.’ “I tried to get away, but he struck me. I pleaded with him and offered money, but he wouldn’t let me go. When 1 screamed Kahahawai

Public Indignant at Prosecutor

It was this story, the defense contended, that unbalanced Lieutenant Massie’s mind and sent a black shadow over his brain when the native is said to have confessed to him, “Yes, we done it.” The prosecutor, it was believed, had planned to use the memorandum Mrs. Massie destroyed in an effort to attack her statement that her husband always was kind and loving.

She had so testified to bolster the young navy officer’s testimony that he had not intended to kill Kahahawai, but merely sought a confession of the attack from him. Considerable indignation was evident today against the person, who made the paper available to the prosecutor. It generally was felt Kelley had overstepped himself, and courtroom crowds plainly showed animosity toward him. But the jury of whites, orientals and half-castes was as non-commit-tal as ever.

HOOVER CABINET FAVORS PROHIBITION REFERENDUM

BY RAYMOND CLAPPER United Pres* Staff Correspondent (CoDvrlght. 1932. bv United Pres> WASHINGTON, April 21. The entire Hoover cabinet is agreeable to resubmission of the prohibition issue, according to information given to the United Press. president Hoover’s most intimate advisers, political and personal, now almost without exception, recognize the desirability of facing the question. This trend is expected to increase the likelihood that the Republicans this year will abandon th bone-dry poeiuon on which President Hoover

'Hie India napolis Times Partly cloudy with occasional showers tonight and Friday; not much change in temperature-

VOLUME 43—NUMBER 297

“Then I refuse -to answer it,” Mrs. Massie said. Before Kelley could interfere, she tore the 'paper to shreds, threw them on the floor before the gaping jurors and collapsed again in tears. There was a moment of stunned silence. Someone in the sultry, crowded courtroom burst into applause. Then others joined. Judge Davis shouted and pounded for order. Kelley rose and almost screamed at the prostrated girl: “Now, you’ve shown yourself in your true colors!”

kicked me. and told me to shut up.” Massie cringed and bowed his head as the girl testified the islanders dragged her into underbrush beside the road. Kahahawai began the attacks, she said. ”1 begged him for mercy. He told me to keep my damned mouth shut. Then he struck me and broke my jaw. and knocked my teeth out.” While women sobbed openly in the courtroom. Mrs. Massie described how she underwent two operations as a result of the mistreatment. one to prevent becoming a mother.

WATER HEARING IS SET Moynahan Company Injunction Plea Ruling Slated May 2. Hearing on a suit by which eight Moynahan Realty Companies seek to enjoin enforcement of a compromise rate schedule of the Indianapolis Water Company has been set for May 2 in superior court two by .fudge Joseph R. Williams.

was elected in 1928, and will shift to a more neutral position in favor of resubmission. The latest cabinet member whose position has become known is Attor-ney-General William D. Mitchell. His department has charge of prohibition enforcement. Because of this. Mitchell Is unwilling to discuss the prohibition question for publication. It is learned, however, that he holds the same general view as Agriculture Secretary Arthur M. Hyde, who told the United Press last week that he could not. oppose giving his fellow citizens a chance to pass on the question.

INDIANAPOLIS, THURSDAY, APRIL, 21, 1932

NOTED FLIERS HELD IN FATAL SHOOTING

Mrs. Keith-Mifller and Two Men Questioned About Smuggling Plot. By United Prrss MIAMI, Fla., April 21.—Two internationally known figures of aviation, Mrs. J. M. Keith-Miller of Australia, and Captain J. N. Lancaster, Pittsburgh, were held here today in the fatal shooting of Haden Clark, young Miami aviator. No charges were preferred against Mrs. Keith-Miller or Captain Lancaster. Mrs. Keith-Miller, Captain Lancaster and Clark occupied the bungalow, where, Lancaster said, he was awakened early today by the sound of a pistol. He said he went to Mrs. KeithMiller's room and that together they found Clark, fatally wounded, on a porch. A pistol was under him, Lancaster, said. The pistol was identified by investigators of the states attorney's office, as belonging to Captain Lancaster. Clark was taken in an ambulance to a hospital where he died. The side of his head was almost blown off by the force of the shot. A typewritten letter, signed by him. was found, reading: “Can not stand economic pressure. Please help and comfort my mother in her deep grief." Clark's mother is Mrs. Ida Clyde Clark, professor of journalism at the University of Miami, and formerly; editor of Pictorial Review. Th young aviator was said to: have been “ghost’’ writing for Ms. I Keith-Miller, with whom Captain

TRUCK SKIDS OVER CURB; BOY KILLED

Bonus Series The veterans want their bonus payment now. And they should have it, according to Elmer Thomas, senator from Oklahoma, who is sponsoring a bill in the senate demanding this payment. Thomas is writing a series of articles for The Times, explaining his plan of paving the bonus. Second of the series appears today on Page 2.

FOOD RIOTERS FIGHT POLICE Several Reported Injured in Philadelphia Clash. By United Pregg PHILADELPHIA, April 21.—Police clashed with a group of unemployed marchers at Broad and Race streets at noon today and a number of persons were reported injured. The rioting was of short, duration. A squad of mounted police and motor bandit patrol hurried to the scene. They charged into the crowd of approximately 500 marchers, which rapidly was dispersed. Police said four policemen were taken to Hahnemann hospital for their injuries. They said it was impossible to judge the exact number of marchers treated at nearby hospitals and by ambulance crews. The marchers carried banners and shouted demands for food, a worker at, the unemployed warehouse said. Police Superintendent William B. Mills said the. riot was planned by communistic leaders, who hoped to hold a mass meeting of several thousand persons on city hall plaza.

DROWNS 3 CHILDREN Insane Mother Also Leaps in Well, but Is Saved. By United Prcag GRAND RAPIDS. Mich., April 21. Mrs. Etta Butts, 39, drowned three of her young children in a cistern early today and leaped into the well herself. Carl Butts, her husband, and Jack, her 19-year-old son, roused by her maniacical cries, ran to the well and rescued her. but were too late to save the lives of the children. The dead: Max, 9; Ralph, 7, and Etta Jane, 4.

SCHOOL TEACHER IS PARENT Janitor Also Wounded as Result of Reprimand o Bov. By United Pregg MANTECA, Cal.. April 21.—Police searched the countryside today for Tom R. Coumas, 39. who they said, walked into a schoolroom where seven pupils were sitting, shot and killed a woman school teacher for reprimanding his 7-year-old son and wounded an elderly janitor who tried to protect the teacher. Mrs. Ollie B. Taylor, 55, the teacher, fell with three bullets in her body, when Coumas stalked into the schoolroom Wednesday. William De Vol, 70. the janitor, ran to help her. Two bullets struck his head, wounding him possibly fatally. Coumas took his two children to a neighbor's house and fled. Hourly Temperatures 6a. m 52 10 a. m 57 7a. m 54 11 a, m ,58 Ba. m 56 12 noon.. 60 9a. m.,... 57 Ip. 5L.... 62

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Mrs. J. M. Keith-Miller

Lancaster had participated in several spectacular air adventures. Investigator John B. Rowland of the state's attorney office, declared he found numerous letters tending t,o indicate an alleged international gold and alien smuggling plot. Other letters, from Clark, indicated existence of a romantic triangle, Rowland said.

6*Year-old Lad on Way to School Is Victim of Accident. Childish eagerness to attend school was stilled forever this morning -when James Myers, 6, of 3319 East Washington street, was killed almost instantly when struck by a truck at Dearborn and East Washington streets. Lee Chasteen, 33. of 320 South Dearborn street, driver of a large truck, told police, he stopped when

a street car halted. Raymond F. O’Hara. 19, of 2107 East Michigan street, was driving a lighter truck behind Chasteen’s machine.

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> O’Hara applied brakes suddenly. His truck skidded on the wet pavement and headed toward the .southeast corner of the intersection where the Myers boy waited at the curb for traffic to clear. Victim's Father Collapses A tiny body hurtled into the air ten feet above the pavement. It was carried into the office of a doctor. Life departed. Many persons, including school children, came to the office. None knew the little boy with a blup overcoat, on one sleeve of which was an anchor. Almost an hour passed and Leo Myers entered the. office At the first glimpse of the bod:, he cried: “Oh, I told him it wis too early to go to school.” The body was that of his son. The father collapsed. He said the boy’s! grandmother is critically ill at his! home. Another child is expected in the family soon, James also leaves a brother—Robert. 4. The mother fainted when told of the tragedy. “This will mean the end for my, mother," she said when she regained consciousness. On order of Dr. E. R. Wilson, dep- i uty coroner, O’Hara was charged j with involuntary manslaughter, under SI,OOO bond. Restoratives were administered to the driver who appeared on the verge of collapsing after the body was removed to the doctor’s office. 9-Year-Old Boy Dies Death of the Myers boy, the third traffic accident fatality in Marion county in less than twenty-four hours, brought the county traffic; death toll to thirty-two since Jan. 1. John Wurfel, 9, of 1431 Southeastern avenue, died early today in city hospital of a skull fracture reecived Wednesday when struck by an automobile in the 1400 block East Washington street, while he was hurrying to a marble game. Charles Berry. 58. Beech Grove grocer, died in Methodist hospital Wednesday of injuries suffered, Monday when the automobile he! was driving overturned near New' Bethel.

A Daughter of the Stars Will Visit Times Readers You want success in life. And here is help for you, says Marguerite Carter, “daughter of the stars." Starting next Monday in The Times. Miss Carter. Indianapolis girl, who has won nation-wide notice in her field, will give free character analyses to all Times readers who wish this service. Thousands of newspaper readers in all sections of the nation vouch for the fact that Miss Carter has helped them by her readings and by her advice over the radio. If you want confidential advice on any subject, if you want to know in what field you should center your talent, w’rite to Miss Carter, who will give every letter her personal attention. She has studied her work since childhood: she has nothing to sell; there are no strings of any kind attached to her proposition. All you do is to ask her advice, inclosing 10 cents to cover postage and cost of handling. Further details of Miss Carter's offer to Times readers will appear in Friday’s paper. Listen for Miss Carter's talk every morning at 8:45 with the Pep Unlimited Club over station WFBM.

RULIHG DUE OH MOOHEY PLEA FOR FREEDOM Commutation Is Indicated; Four Courses Are Open to Governor. BILLINGS WANTS PAROLE Companion in Bomb Case Gives Up Ambition for Full Pardon. BY HOMER L. ROBERTS United Pres* Staff Correspondent SACRAMENTO, Cal., April 21. An armed police guard was stationed at the California state capitol today a few hours before Goervnor James Rolph Jr. was to announce his longawaited decision in the pardon application of Tom Mooney. The cordon of officers was a precaution against violence or any possible demonstration which might follow the governor’s decision. Some form of commutation of Money's sentence —either the “time served" or at some future date—was believed to have been chosen by the governor from the four courses open to him. The other courses are a pardon, denial of pardon or parole. Throngs, milling through the corridors of the capitol. were to hear the decision sometime between noon and 4 p. m. Four Months on Decision Governor Rolph's decision, four months in preparation, was accompanied by a voluminous report on the case from Judge Matt I. Sullivan of San Francisco, one of the executive's legal advisors. It was this report which has taken most of the time since a hearing last Dec. 1 when Mayor James Walker of New York and Frank Walsh and Aaron Sapiro, attorneys, renewed Mooney’s application for a pardon. Mooney steadfastly has refused a parole, maintaining it would be tantamount to admitting guilt in the 1916 San Francisco Preparedness day bombing, of which he was convicted and sentenced to life imprisonment. Mooney’s Hopes I,w It was reported, however, that the announcement from Folsom prison today that Warren K. Billings, co-defendant in the bombing trials, would accept a parole may have some effect on Mooney’s attitude. Both Mooney and Billings denied all knowledge of the San Francisco bombing, which cost ten lives. Walker’s intervention revived the case after Rolph took office. But Mooney, white-haired now from fifteen years behind bars, held little hope that he would be freed. Passion Play Judas Is Dead By United Press BERLIN, April 21.—Johannes Zwick, 81, who played the role of Judas in the passion play at Oberammergau in 1900 and 1910 died at Oberammergau, dispatches received here today said.

TANGLED LOVES SIFTED FOR CLEW IN BLUDGEON KILLING OF TWO FETTERS

‘REIGN OF TERROR’ AT POSTOFFICE CHARGED Reappointment of Moo* Fought in Senate by Minnesotan. By United Pre WASHINGTON. April 21, Charges that a “reign of terror” resulted from conditions in the St. Paul postoffee have been laid before a senate sub-committee, by Representative Maas, Rep., Minn.). Maas, opposing confirmation of the reappointment of Postmaster Charles J. Moos at hearings, which will continue Friday, asserted in his testimony Wednesday that Moos had established an espionage system, which had caused intimidation of employes. MAYOR~STAYS INDICTED Judge Denies Gary City Executive’s Dismissal Motion. By United PreggGARY. Ind., April 21.—Indictments charging Mayor R. O, Johnson of Gary with misfeasance, misconduct. and oppression will stand. Judge Martin J. Smith of Crown Point ruled in petition for dismissal. Johnson is accused of having used city labor and materials to construct a summer cottage for himself. and likewise to landscape the rear of his home.

Entered a* Second-Class Matter at Postoffice. Indianapolis

Dawes Blasts Bonus Bill; Move Branded Menace to Country

Blossom Wooed by Rain

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April showers still bring out May flowers as they’ve done for several centuries. But this April shower today brings out Miss Helen Veach, of Marion, in raincoat and umbrella in the above photo.

REMOVAL OF BANK RECEIVER IS ASKED

Graduates The Times, in accordance with the custom followed in the last two years, starts today its series of pictures of 8-A graduates in the city's public schools. First on the list is the pictures of pupils of School 72. Others will follow until the photographs of all the graduates have been reproduced.

Vengeance Is Believed to Be Motive; Stolen Ring May Solve Crime. Py United Pregg MINEOLA. L. 1.. April 21.—Vengeance, striking viciously out of the darkness, was blamed by police today for the killing of Edward B. Brinker, 32-year-old salesman, who was separated from a meek-man-nered wife in Brooklyn, lived with another woman in Jackson Heights, and was wooing a third, unmarried working girl. Near his body, found Wednesday north of Mineola, in an unfrequented lane shrouded with budding bushes, was the unconscious form of his last sweetheart. Rose Welk, a 30-year-old stenographer. Her mouth had been sealed with cotton and adhesive tape. But though the gag was removed and she tried to speak, no word came from her battered lips before she died in a Mineola hospital. The tangled procession of women in the life of Brinker commanded the attention today of the search for the persons who murdered Brinker and his sweetheart. It became increasingly apparent today that the slain giri, a trusted and responsible secretary to a gas company executive, did not know Brinker was married. Nassau county police continued in the belief the two were murdered by a person or persons in a great rage, and that the probable motive was jealousy. Their heads had been battered virtually beyondr recognition, either with a hammer or some heavy metal instrument. Brinker's first wife. Mrs. Ruth Brinker, mother of his 7-year-old daughter, practically has been dismissed from the investigation. She was divorced from the sign salesman in 1926. Authorities continued, however, to question Mrs. Josephine Nadall Tillotson Brinker, the dead man’s second wife, with whom he had been living in a S6O-a-month Jackson Heights apartment during the last year. Three of her brothers. Ray. Santiago and Charles Nadall. likewise were examined, having 00-r>p to Mineola headquarter- ’'“V") ~"ilr. A thorough chck of Brinher’s *d(Turn to Page Sixteen)

And the rain on the roof and the drizzle in the street only makes Miss Veach's smile bloom the more as she spreads her petals of pulchritude and becomes the Indiana Central college campus flower on this dank dav.

Gross Dereliction Charged to Brandt C. Downey by Depositors. Charge that Brandt C. Downey, receiver for the Washington Bank & Trust Company, has been “grossly derelict” in administration of the bank's affairs is made in a removal petition filed today before Circuit Judge Harry O. Chamberlin by John Moran, Marott hotel, a depositor. “I am not disposed to attach much importance to the suit." Downey declared. “Moran was not a depositor f the bank. He obtained a SSO cashier's check by assignment. put it through a Chicago bank, and was forced to pay it." Counsel for Moran asserts he was a depositor of the bank to the extent of $5,700. The suit charges that depositors have sustained a total loss of $1,500,000 in assets because of Downey's alleged mismanagement. Further charge is made that, since the bank's doors were closed in October, 1930, scores of depositors whose life savings were involved, have been forced to live on charity. The action was filed by agreement of a. group of depositors, A. F. Zainey. attorney, said. A total of $3,500,000 is owing 7,000 other depositors and creditors, the suit avers. First count in the suit charges Downey with failing to enforce collection of stockholders’ liabilities, responsible for an alleged” loss of $500,000 in assets. In the second count, allegations is made that Downey delayed filing suit against certain stockholders, permitting them to “abscond." Further allegation is made that only certain preferred creditors have been paid. It is charged further in the suit that both real and paper assets have been allowed to go to waste and deteriorate" because of the alleged delay in liquidation. A fifth paragraph alleges Downey has continued to conduct the receivership in the offices of the closed bank, “whereas it should be rented." The last charge is that Downey conspired with his employes to draw extra pay in addition to wages.

ARMS PARLEY OPENING IS MARKED BY SERIOUS SPLIT

By United Prest GENEVA, April 21.—Presence of the most notable group of statesmen ever assembled at Geneva could not prevent a hopeless split in the world disarmament conference today. The general commission of the conference ended two days of debate without a glimmer of agreement on the principle of abolition of certain j unnamed lists of war weapons. While Secretary Henry L. Stimson. Prime Minister Ramsay MacDonald and Premier Andre Tardieu conferred privately to avert an impasse. sixteen countries defended a vague British resolution on the principle of abolition of aggressive arms. Another group, led by F;~nr*. drafted a comrtcr resolution, sup-

HOME EDITION PRICE TWO CENT? Outside Marlon County, 3 Cent*

General Drives Points Home With Profanity Before House Committee. CITES GERMAN CRASH Pleads for Confidence in Future of Nation and Hits Inflation. B'i l mtrd Press WASHINGTON. April 21.—1n his best "hell and Maria" mood. Charles G. Dawes attacked the $2,000,000,000 soldiers' bonus bill today before the house ways and means committee. He said the measure so would inflate currency that general confidence in the country would be destroyed. Dawes read a prepared statement, but in addition spoke out. frequently in his forceful fashion, as different questions regarding the reconstruction finance corporation, of which he is president, were raised. Corporation's Activities He defended the corporation's activities, saying every section of the United States had been benefited by its loans. He spoke particularly in support of the frequently criticized loan to the Missouri Pacific railroad. The “corporation does not give money away and we have made no loans except when there has been adequate security." Dawes said. Dawes led off the administration attack on the Patman bonus bill in smashing style. Flourishing his ever-present, long-stemmed pipe and banging the speaker’s rostrum in front of him. he declared that the Patman bill would “destroy’’ the credit of the currency of the United States. Cites German Crash He said the proposal “is an invitation to start on the primrose path of Germany,' recalling to the committee tha disastrous crash of the German mark when that country adopted heavy inflatory measures. He estimated that lack of confidence in the financial future had resulted in a $9,000,000,000 purchasing power loss in the last two years, and said the return of prosperity depends on retained confidence. Dawes declined to give his opinion of the bonus plan sponsored by Senator Thomas <Dem., Okla.), a measure somewhat similar to the Patman bill. He said he must decline, because I haven't studied it." “That's the trouble with this country,” he shouted at the commit - tee. “everybody's talking about something they don’t know anything about—and I won't.” Dawes Waxes Profane Dawes waxed more emphatic as he continued. "Oh, hell!" he exclaimed when Representative Hawley (Rep., Ore.) asked if he would study the Owen and Thomas bonus plans. “I suppose if you want me to. I will have to, but I have enough trouble with political buncombe and political smut. “I’m sick of damned demagogs. By God, you put me into this reconstruction corporation job and we’re going to do it as a business—and not politics." “If you inflate currency, down comes the purchasing power,” Dawes said of the bonus bill. “Look out when you tamper with the foundations of your currency." he shouted. Withdrawal of foreign deposits in this country would result, he said Lots of people feel discouraged (Turn to Page Sixteen)

GENUINE {certified} USED CAR VALUES LISTED ON PAGE 16

ported by fourteen nations, com, pletely blocking the principle of abolition of offensive weapons. Either the prime minister or foreign minister of every great power except Japan was due at Geneva before nightfall. Informal discussions will begin Friday among the statesmen regarding the most complex and intricate problems the world has faced since the peace conference at Versailles. The questions range from the economic fate of the Balkan countries to the threat of war on the Siberian frontier. They included disarmament, a naval agreement between France and Italy, improvement. of relations betwen Germany -hd France, and war debts and reparations.