Indianapolis Times, Volume 43, Number 302, Indianapolis, Marion County, 27 April 1932 — Page 3

APRIL 27, 1932.

HONOR DEATH TRIAL IS NEAR HANDS OF JURY Insanity Plea Is Pounded in Closing Addresses by Prosecutors. (Continued From Page 1) the four. He fought hard to undermine Lieutenant Massie’s plea of temporary insanity, and against the possibility of sympathy influencing cold deliberation of the case. Lieutenant Massie testified he and the others kidnaped Kahahawai intending to force from him an admission that he was one of five islanders who brutally attacked the officer’s young wife, Thalia Fortescue Massie. He held a gun in his hand, he admitted, and when Kahahawai is asserted to have confessed a part in the attack, Massie’s mind became a blank. All Defendants Blamed “I have every sympathy for Mrs. Massie,’’Ulrich said. "The attacks were awful things. But this is not the place for sympathy. Justice must be administered, and it is up to you to do it. . ‘ I ask you to consider this: Just what consideration would Kahahawai have received if he had gone to a witness stand and admitted he shot a man under conditions similar to this case?" The dark-haired, young attorney Intimated his doubts that Massie was in fact the one who killed Kahahawai. Darrow previously had protested that ’’the evidence is overwhelming.” "I don’t know' who Killed Kahahawai nor how he was killed,” Ulrich continued. "It really isn't important to know, since all defendants equally are culpable under the law r , but it is important to learn that Massie’s story can’t be taken in good faith. It does not check with known facts. "We grant the assaults on Mrs. Massie were terrible, but we can’t make Hawaii safe against assaults by sanctioning murder. Please consider the political and economic future of Hawaii are at stake and depend on you. The eyes of the , world await your verdict. Warns Against Sympathy “All defendants equally are guilty tyhere all entered an enterprise in which a life was taken. Insanity can be a defense only when it is i shown there was no intent to kill at I the time insanity struck. But re- I member insanity is always a last rcw sort. “Every bit of evidence points to the fact that Massie acted like an ordinary man would after a shooting. We have nothing but his own word that his mind became ‘blank.’ ” Ulrich cautioned again regarding sympathy for Mrs. Massie, who recited to the jury her maltreatment by the islanders and the ordeal of her convalescence. "She was there only to affect you jurors emotionally,” Ulrich resumed. “Remember, you are to consider her testimony only as it might bear on Massfe’s mental condition. Taken to Arsenal "I don't believe Massie, Mrs. Fortescue, Jones and Lord abducted Kahahawai just to force a confession from him. "Massie said they didn’t intend to harm Kahahawai. But they took him to a veritable arsenal (Mrs. Fortescue's cottage) and there he was shot. Does that sound logical?” As "one who proceeds Mr. Darrow,” Leisure kept his promise to be brief in a conversational tone, matching Ulrich’s calm reasoning, leisure hinted at Darrow’s forthcoming speech by describing attacks on women as "the greatest of all crimes.” BOUND TO GRAND JURY ON LARCENY CHARGE Ed Zimmerman Suspected in Cab Commandeering Case. Ed Zimmerman, 1205 Calhoun street, suspected by police of commandeering the car of a taxi driver Sunday night and forcing his victim to drive to Muncie, was bound over to the grand jury today by Municipal Judge William H. Sheaffer on a charge of grand larency. Arrested Tuesday in Muncie following slaying there of patrolman Ovid McCracken in a theater robbery, Zimmerman recently was questioned by detectives in connection with robbery of the Fountain Square and Granada theater holdtips here. He is charged with theft of $49 Jrom a neighbor. FIREMAN IS SUSPENDED Gets Sixty-Day Layoff as Result of Arrest in Altercation. Thomas Sheehan, fireman at pumper company No. 11, today was suspended for sixty days by the safety board, following his trial Tuesday based on his arrest after an alleged altercation on South Sherman drive. Resignation of Lieutenant Charles C. Davis, of truck company No. 25, who will be retired on pension May 1, was accepted by the board. Minister Is Police Chief WEST PLAINS, Mo., April 27. The Rev. J. S. Johnson took office today as chief o l police. Mr. Johnson, who once served as police chief at Hahyer. Mo., will continue preaching in addition to his duties as peace officer. Butler Term to Start Faculty of six will direct the midspring term of the Butler university school of education, registration for which will be made Monday. Class work will begin Tuesday. The term will close June 13.

Justice Only “Raising hell for justice” is the heading of a card received by The Times from Hattie Stein, Republican candidate for Governor of West Virginia. Other statements on the card include: “No slates. No votes bought. No election clerks bribed. No trades made. No characters assassinated. No graft permitted. No corruption tolerated.”

O. E. S. Officers to Take Chairs Here Thursday

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Mabel Carithers

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Albert Phillips Installation of Miss Mabel Carithers of Princeton, Ind., new worthy grand matron of the Indiana grand chapter, Order of Eastern Star, will be held Thursday afternoon at the Murat theater, where annual sessions are in progress. Miss Carithers is a member of Golden Fleece chapter at Princeton. Albert Phillips, Hobart, Ind., new worthy grand patron of the grand chapter, also will be installed. TRACTION-TRUCK SETUPJSJURGED Insull Transport Company Seeks Utility Permit. Testimony on the public necessity of the proposed traction-truck setup of the Insull interests was developed before the public service commission today at the statehouse hearing of the Co-Ordinated Transport Company plea. The company, an Insull subsidiary, is seeking to be declared a public utility and to develop a trucking service to co-operate with the traction lines and cover abandoned traction routes. The service would extend to 175 communities in the state and would offer sto- :-door delivery. Certificated truck operators and steam railroads are opposing the plan. Witnesses for both sides took the stand today in the case which was conducted by Harry K. Cuthbertson, public service commissioner.

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Thomas HOLLYWOOD, April 27.—The movie colony generally is known as a group of suddenly rich who do one thing today and another tomorrow, but there’s one custom which remains in vogue . . .Gloria

Swanson and Barbara La Marr started it back in the early days . . . and now the Wallace Beerys, Neil Hamiltons, Slim Summervilles, etc., are keeping it up . . . they all adopted children, either because they had none of their own, or because they wanted a playmate for the little ones they already had been blessed with. Slim and Mrs. Slim are the latest . . . they adopted two-month-old Elliot George*. . . and they admit they’re already crazy about him . . . the Wallace Beerys adopted 2-year-old Carol Ann Priester and are rearing her two brothers, George, 9, and William, 4. A year ago the Neil Hamiltons adopted Patricia Louise, a baby girl, and they have nursed her successfully through colic and croup . . . which makes •them thoroughly experienced parents . . \ Connie Bennett is "mama” to little Dennis Armonstrong, who is 3. Harold Lloyd adopted little Elizabeth, 8, two years ago, and now she’s firmly entrenched in the Lloyd home and heart . . . Gloria Swanson, of

Summerville

course, now has another little playmate for Joseph, 8, whom she adopted at the age of six months as a playmate for little Gloria, then a baby. And that's not a complete list, by any means. nun English Scare Over JEANETTE MacDONALD and Maurice Chevalier will have Charlie Ruggles with them again in “Love Me Tonight.” That English movie talk we heard so much about a few weeks back seems to have gone the way of other English ‘‘threats” to the movie industry. Paramount has announced that it will produce no more pictures there. Hollywood movie stars who claim to have started on the stage at the age of 1 year, or at six months, spoke too soon . . . Here comes George Bancroft with the story that he broke in at the tender age of three months . . . who’ll be the first to say he started at the age of one day? # * * The Mild Hula MOST persons always have regarded the hula as a more or less of a wicked dance. But Dolores Del Rio discovered just the opposite while she was in Honolulu making “Bird of Paradise.” Dolores has to do a hula in the picture, so she thought she would like to do the genuine dance. After she had learned it, however, the director considered it too tame and uninteresting. So he made her jazz it up to conform with American ideas. •t r

‘ODD JOBS' TO GIVE BLACKTOP BOYSJUSINESS Highway Commission Puts 0. K. on Repair Projects Costing $500,000. State highway commissioners approved a program fostered by Chariman Albert J. Wedeking which will give A. H. Hinkle, state highway maintenance chief, $500,000 to spend for “odd jobs,” it was learned today. The jobs include resurfacing of pavement on U. S. Road 31, south of Columbus, by the maintenance division. This work is the type that has caused constant conflict between the maintenance and construction divisions of the department, since it forms a focal point of the fighting between concrete and ‘blacktop paving interests. Construction must be under the construction division under the law, but the department ignored that provision for years until finally curbed by four opinions from the attorney-general, a court ruling and a budget law provision requiring United States specifications on all of more than SIO,OOO a mile. The new Hinkle-Wedeking setup will keep within the $10,090 mileage provision, it was asserted at department headquarters today. JEFFREY AT CAPITAL Denies Visit Concerns Dale Conspiracy Case. By Timet Special WASHINGTON, April 27.—George R. Jeffrey of Indianapolis, United States district attorney, was to confer here today with AttorneyGeneral William D. Mitchell. Jeffrey declared he would discuss only routine matters and his visit had nothing to do with the investigation of the liquor conspiracy indictments of Mayor George R. Dale of Muncie and city and police officials there, or with similar cases in Anderson involving Mayor Jesse H. Mellett and city officials. The federal grand jury will reconvene at Indianapolis Thursday. BUSH DISCLAIMS PLOT TO CALL LEGISLATURE Tells G. O. P. Officials Governor Need Not Fear Leaving State. Governor Harry G. Leslie Tuesday night attended the love feast for Republican officials at the Severin given by Ivan C. Morgan, G. O. P. state chairman, and heard Lieuten-ant-Governor Edgar D. Bush proclaim the purity of his own motives. Bush declared: "I never have had the thought of calling a special session of the general assembly for tax relief if Leslie left the state*” Leslie didn’t say a word. For several months Leslie has refused to leave the boundaries of the state for fear Bush might declare himself temporary Governor and issue a call for a special session. Because of this belief, Leslie is not attending the conference of Governors now being held at Richmond, Va., although he is treasurer of the conference. Several days ago Leslie declared he been in three states without either Bush or newspaper men learning about it. BISHOPS ARE ADVANCED City, Ft. Wayne^ - Diocese Heads Made Knights Commander. Announcement of the advancement to the rank of knight commander of the Crown of Italy of the Rev. Joseph Shartrand, bishop of the Indianapolis diocese, and the Rev. John Noll of the Ft. Wayne diocese, was made today by Dr. V. A. Lapenta, Italian consul.

| HOLLYWOOD j BY DAN j THOMAS VJF 001JL Intimate Glimpses and Inside Stuff on the Movie Colony . . ..

THE INDIANAPOLIS TIMES

Fairview Follies Dancer

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Beauty and grace will reign at presentation of ‘‘The Merry Widow,” May 6 and 7, as the 1932 edition of the. Butler Fairview Follies. The stage will be set in Caleb Mills hall.

The City in Brief

THURSDAY EVENTS Advertising Club luncheon. Columbia Club. American Business Club luncheon, Columbia Club. Real Estate Board luncheon, Washington. Shrine Caravan Club luncheon, Murat temple. Acacia luncheon. Harrison. Marion County Bankers’ Association, dinner, 6:30. Washington. Alliance Francaise, meeting, Washington. Epsilon Sigma Alpha meeting, Washington. Dr. Robert M. Hutchins, president of the University of Chicago, will be the speaker at the annual banquet of Indianapolis alumni May 4 in the Indianapolis Athletic Club. Welcome will be extended by Dr. Walter S. Athearn, president of Butler university. School presidents of several of Indiana’s larger colleges and universities will be speakers at the May meeting of the Indiana Schoolmen’s Club, “Higher Education in Indiana,” will be the theme of the gathering. Bandit who robbed William C. Ogden, 22, of 3106 McPherson street, attendant at a filling station at 2201 Northwestern avenue of S2O, Tuesday night, is sought by police today. “Man—Woman—and God” will be the topic of the Rev. Alpha H. Ken-

STATE ASKS DEATH FOR TAXI KILLING

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Virginia Roberts By Times Special MECCA, Ind., April 27. Throughout her twelve years of school life, Virginia Roberts, daughter of Mr. and Mrs. Robert Roberts, was neither absent nor tardy. On her graduation from Mecca high school recently, she received a certificate attesting her perfect record. OHIO BOMB SUSPECTS ARE HELD IN CHICAGO Pair Nabbed in Statehouse Blast May Fight Extradition. By United Press • CHICAGO, April 27.—Two suspects in the state office building explosion at Columbus, 0., April 14, in which ten were killed and three score injured, were given an opportunity today to fight extradition on a motor vehicle theft charge. Justice John Prystalski ordered Edward Wallace, 30, ex-convict and a former worker on the building, and Frank Wilson, 22, brought into criminal court at 2 p. m., on a writ of habeas corpus. If they decide to waive extradition, Ohio authorities are ready to return them to Columbus immediately for questioning in the explosion, which previously had been set down as due to accidental causes. The pair have indicated disinclination to return, and have offered to plead guilty to a federal Dyer act charge. G. 0. P. WOMEN TO MEET Candidates’ Luncheon Will Be Held at Columbia Club Thursday. Mrs. Julia B. Tutwiler is chairman of the speakers’ bureau for the Indiana Woman’s Republican Club, which will hold a candidates’ luncheon meeting at 12:30 Thursday in the Columbia Club. A musical program will be given by Vaughn Cornish, tenor; Harry Bason, pianist, and Mrs. Leland Fishback, Violinist.

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Miss Dorothy Jane Atkins

Miss Dorothy Jane Atkins, 4056 College avenue, dance director, will appear with Joseph Quigley in several specialty numbers during the performance.

na, pastor of Roberts Park M. E. church, at the annual ladies’ night program of the Bible Investigation Club in the Y. M. C. A. auditorium tonight. Municipal Judge Thomas E. Garvin urged the Democratic nomination for circuit judge of Earl R. Cox in an address over station WKBF Tuesday night, in which he pointed out that Cox had the Indianapolis Bar Association indorsement. Butler university band, under direction of J. B. Vandaworker, will present the first chapel program of the year Thursday morning in the fieldhouse. Features will be a trumpet duet by Emsley Johnson Jr. and Owen Calvert, and a trombone solo by Walter Byers. County-wide observance of National Child Health day and Mother’s day, May 1 and May 8, respectively, is being planned by a committee headed by Thomas A. Hendricks, secretary of the Indiana State Medical Association bureau of publicity. J. D. Jensen, sales counsel and character analyst, will be the speaker at the luncheon Thursday of the Indianapolis Real Estate Board at the Washington.

Cab Driver’s Fate Likely to Be Placed With Jury Today. An attractive 20-year-old mother sat in criminal court today, holding her 22-months-old baby girl on her lap as defense attorneys made their closing arguments to save her husband, Samuel W. Wilson, former taxicab driver, from conviction for the alleged murder of James Steinberger, 602 South Meridian street, last October. The state closed its rebuttal evidence and Judge Frank P. Baker gave state and defense an hour and a half each for closing arguments. The case probably will go to the jury late this afternoon. Frederick Steiger, deputy prosecutor, made the first part of the state’s closing argument, branding Wilson as a killer and asking the jury to return a first-degree murder conviction, which provides death in the electric chair. He was followed by Andrew Jacobs for the defense. Clyde Karrer made the defense’s final plea this afternoon, followed by the closing argument by John Kelley for the state. Wilson sat in court calmly as Steiger branded him as the man who killed Steinberger and then robbed him of $2. Mrs. Wilson sat sober-faced as the baby laughed and played. The defense has contended that Wilson hit Steinberger in self-de-fense. LOSES DRIVING LICENSE Motorist, Who Threatened “to Get Cop’s Job,” Is Disciplined, When Jack Kern, 2025 Southeastern avenue, threatened to “get the job” of a policeman who arrested him, it cost him his driver’s license, which Municipal Judge William H. Sheaffer revoked today for one year. Kern, convicted of charges of drunkeness, also was fined $lO and costs and given a suspended thirty-day jail sentence. Claude Richardson, 247 South State avenue, Kern’s alleged companion, was given a suspended fine of $lO and costs on a drunkenness conviction. In the Air Weather conditions at 9 a. m.: North northwest wind, 10 miles an hour; temperature, 41; barometric pressure, 30.32 at sea level; ceiling, clear, unlimited; visibility, 20 miles; field, good.

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DE VALERA IS DEFEATED BY VOTE IN DAIL Suffers First Setback in Debate Over Abolition of Oath to Crown. By United Frets DUBLIN, April 27.—President Eamonn de Valera was defeated in the dail today during debate on the bill for abolition of the oath to the crown. The dail by a vote of 74 to 66, rejected his motion to discuss the second reading of the bill ahead of other business. v Since the vote was not on a major issue, it was believed the government’s resignation was unlikely. De Valera’s defeat was precipitated when an independent Laborite, Morrissey, demanded precedence for discussion of his unemployment motion.' “It is more important to starving people than the oath,” he said. The Laborites hitherto had assured De Valera of support for his oath abolition bill, but warned him that he must hasten unemployment relief. They emphsized that relief measures should have precedence over De Valera’s political aims. Without the submission of a misconfidence vote, the defeat merely means that Morrissey can claim he I is entitled to submit his motion toj night. CHECK THIEVES BUSY 'Cash Cautiously/ Warning of Postal Inspector. Asa result of an epidemic of mail box rifling, business houses today were warned by A. C. Garrigus, postal inspector, to be cautious in cashing checks preseftted by strangers. A number of business houses have been victimized in this way in the last few days, Garrigus said, observing merely that the check was drawn on a substantial firm, but failing to obtain identification of the person presenting the check. He advised persons cashing checks to ascertain definitely whether or not the check is being presented by the person to whom it was issued. FAMILIAR FIGURE OF ‘BOUL MICH’ IS DEAD Cerebral Hemorrhage Claims Blind Violinist at Age of 64. By United Press CHICAGO, April 27.—For nineteen years, busy Chicagoans have paused at the corner of Michigan boulevard and Congress street to listen for a moment to the music of blind Frank Ritter’s violin. Today the familiar figure of the 64-year-old musician was gone from his customary post. He died Tuesday in county hospital of a cerebral hemorrhage. Only recently the violinist had applied to the county for aid for the first time when depression thinned the stream of small coins that jingled into his tin cup. When a hit-and-run motorist a few years ago killed Pocahontas, the dog that had been the blind man’s constant companion, sympathetic citizens made up a SI,OOO purse for the violinist. PONDER MARTIAL LAW TO CURB OIL FLOW Oklahoma Officials Alarmed at Court Proration Ruling. By United Press OKLAHOMA CITY, April 27. Drastic steps must be taken to preserve Oklahoma’s oil curtailment schedule, Lieutenant-Colonel Cicero I. Murray, cousin of Governor William H. Murray, said today. He was commenting on a district court ruling which dissolved a proration order of the state corporation commission in the Oklahoma City field. Governor Murray was considering the possibility of declaring martial law over the field and posting troopers at the oil well blocks to prevent overproduction.

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Heated Battle Is Fought for Congress Seat

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Dale B. Spencer Half of the city of Indianapolis is playing an important part in the most spirited Republican primary contest in the state and may decide whether Coffmism, out of power in city and county, will stage a comeback through the halls of congress. The new district is composed of Madison and Hancock counties and the eastern half of Marion county. In population, this county will furnish about 60 per cent of the voters. The race, so it is estimated by politicians, has dwindled to a contest between Fred Dickerman of this city and Dale B. Spencer of Greenfield. Dickerman served in the state senate when Stephensonism was at its zenith. He is not pointing to his record in that capacity. In fact, his critics say that he is trying to forget it. But his letters to precinct men appeal for support on the ground that he lives in Marion county and that inasmuch as the new Twelfth probably will have a Democratic member, the only chance for Marion county Republicans is to nominate him. Spencer is the young and fearless editor of the Greenfield Republican, a graduate of Indiana university, a supporter of the municipally owned utilities of his home city and a le* gionnaire. Bitterness in the contest cropped out at a meeting of the Wayne Township Republican Club Monday night, when Dickerman charged that a deal had been made to elect anew member of the state committee from Anderson. Ten minutes later, in the presence of Spencer, he retracted the statement. The campaign probably will grow hotter on the eastern side of the county until election day, with C.ffinism as the main issue. FT. HARRISON TROOPS WILL BE REVIEWED Ceremony Saturday Will Honor First President. Troops at Ft. Benjamin Harrison will give a dismounted review on the parade ground at 9:30 a. m. Saturday, anniversary of George Washington’s inaugural address in 1789. The review will be the army post’s contribution to the Washington bicentennial celebration. The troops, commanded by Colonel William R. Standiford, will be reviewed by Brigadier General George H. Jamerson. Following the review, the troops will be addressed by Attorney Henry M. Dowling. Major General Hugh A. Drum, corps area commander, will conduct the annual review and inspection of the garrison at 1:30 Wednesday. A practice review will be held Monday afternoon. EX-PUBLISHER IS DEAD Jason Rogers, 63, Former Head of Old New York Globe. By United Press FALMOUTH, Mass., April 27. The body of Jason Rogers, 63, retirred former publisher of the old New York Globe, who died at his North Falmouth home Tuesday night, will be sent to Essex Fells, N. J., for funeral services at St. Peter’s church Friday at 3:30 p. m. Burial will be at Caldwell, N. J.

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! DRASTIC BOOSTS IN INCOME TAX ARE APPROVED Senate Finance Committee Votes Hikes to Raise $33,000,000. By United Press WASHINGTON, April 27.—The senate finance committee today decided on drastic increases in the normal and surtax income tax schec , ”’‘s in the 1932 revenue bill, which it is estimated will add $33,000,000 to the amount which would be raised under the house authorization. The house hoped to obtain $122,000,000 in new revenue from income taxes. The estimated increases provided by the committee amendments are $29,000,000 of the normal taxes and $4,000,000 of the surtax schedule. The senate committee, after defeating a move to restore wartime rates, adopted a schedule of normal rates starting at 3 per cent of the first $4,000 net income rising to 6 per cent on the next $4,000 and standing at 9 per cent above that amount. This compares with corresponding rates of 2 and 7 per cent in the bill as it passed the house, and almost doubles the existing schedule of l 1;, 3 and 5 per cent. The committee retained the surtax schedule agreed upon in the house, building it up from its maximum of 40 per cent at SIOO,OOO to 45 per cent at $1,000,000. It approved the house estate tax schedule and Its personal and earned income exemations. The gift tax was retained with the exception that exemptions were raised from $3,000 to $5,000. The house gift tax schedule, graduated to a maximum of 45 per cent at $10,000,000 was approved. The amendment to restore the war-time estate tax rates, which reached a maximum of 25 per cent, was defeated by a vote of 12 to 7. Those who voted for the change were Reed, Shortridge, Keyes, Bingham, King, Smoot and Metcalf. ‘YOUNG HIRAM JOHNSON’ HELD CALIFORNIA NEED White Says Fiery Leader Should Take Mooney Issue to People. By United Press WASHINGTON. April 27.—California needs a “young Hiram Johnson” to take the Tom Mooney issue to the people of the state, in the opinion of William Allen White, famous Kansas editor and liberal. “Lawyers and jurists have failed to give justice,” said White, “Governors and pardon boards haven’t had the courage to be decent. Riots and demonstrations have resulted only in confusion. “Tom Mooney will stay behind the bars until the people of his state are aroused. They can be aroused, but it is a job which requires an eloquent, energetic young leadr .* such as Senator Johnson was twenty years ago—some one who can dramatize the facts of this injustice and drive from the minds of the people their fear of the ‘ghosts of Moscow’ set loose by propaganda against Mooney.” STRESSES IMPORTANCE OF HONEST JUDICIARY % James E. Deery Urges Voters to Use Care in Primary Balloting. Assailing lack of interest shown by voters in primary elections, James E. Deery, city attorney and candidate for the Democratic nomination for circuit judge, asserted on Tuesday night at a Ninth ward Democratic rally that voters should pay close attention to the judicial races. “Your judges,” said Deery, "appoint the jury commissioners, and that fact strikes at the doorstep of every citizen who may go into a court of law. The election of an efficient and honest judge will assure efficient and honest jury commissioners and that kind of courts.” The meeting was an open-air rally at Arsenal avenue and East Washington street. Richmond Post Incorporated Incorporation papers for the Richmond Post, a newspaper, were filed today with the secretary of state by Elbert DeVaney, J. I. Hoch Jr. of Richmond, and D. C. Evans of Centerville, directors.