Indianapolis Times, Volume 44, Number 53, Indianapolis, Marion County, 12 July 1932 — Page 1

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INQUEST FAILS TO FIX HEIR DEATH BLAME Reynolds Killing Still Is Mystery; Officials Not to Drop Probe. LIBBY TO CINCINNATI She Will Go Back to Old Home After Ordeal in Baring Love Story. BY MORRIS DE HAVEN TRACY I'nilfd I’rrsi Staff Correspondent WINSTON-SALEM, N. C„ July 12.—The Smith Reynolds death mystery investigation has not been closed by Monday night’s verdict of the coroner’s jury, which found that the young Reynolds heir died from a gunshot wound inflicted by persons or a person unknown, Sheriff Transou Scott said today. "No case is closed as long as it is a mystery,” he said, "as far as my office is concerned. And this case certanily is a mystery.” Later today, a conference of officials may decide just what direction the subsequent investigation will follow. In the meant imp. Libby Holman, widow of the 20-year-old heir to the Reynolds tobacco fortune, prepared to leave late this afternoon for Cincinnati. the family home. Monday night she was released from custody after having been held i under guard since Saturday as a material witness in the death cut her husband. Coroner's Jury Gives Verdict Young Reynolds had been killed by a gunshot wound Wednesday morning. The coroner's jury, near midnight, returned a verdict of death from a shot fired by a person or persons unknown. Both Libby and Albert Walker, who also was held as a material witness, immediately were released. The inquest testimony records with amazing frankness Mrs. Reynolds’ story of her youthful husband’s courtship, their love, and the growing inferiority complex of Smith. To show a possible motive for suicide, the girl had told the coroner’s jury Monday of her husband’s discouragement over physical inadequacies, and had pictured him as so moody that he had threatened several times to kill himself. The verdict came at the end of a day so packed with drama that those who followed it closely were left blinking and bewildered. Libby Holman, exotic as ever, for one hour poured out her heart to the jury. She confided that Smith Reynolds suffered from fear that he could not make her happy or return the love she bestowed upon him. He had urged her, she said, to seek companionship of other men. Reveals Drinking Contest Probably the most amazing bit of testimony to some listeners was that of nurses at the hospital where Smith Reynolds died, where Libby Holman ahd Albert Walker had hurried last Wednesday morning. Mrs. Reynolds, clad in negligee, was assigned to a private room. Walker later went in with her. The nurse entered and found both on the floor, struggling to rise. "Oh, my baby,” Libby cried, according to the nurse. And in answer to Walker's question. continued, "don't you know I'm going to have a baby?” Walker testified that he had fainted while seated on the edge of the bed. And Charles G. Hill, for whom the party was given Tuesday night, told the jurors that Mrs. William Vaught, a guest, and Mrs. Reynolds had engaged in a drinking contest, after the former's boast that she could drink as much whisky as any man. Interest on Child /?y 1 nit t(1 Press BALTIMORE, July 12.—1n this city, where R. J. Reynolds, the elder, left the many millions of his tobacco fortune in trust for eventual distribution to his four children, all interest in the mysterious death of Smith Reynolds, the youngest of the heirs, centered today in whether oor not his beautiful widow is to bear him a posthumous child. If Libby Holman Reynolds, onetime Broadway favorite, is to become a mother, her child will be born heir to $7,500,000 of the Reynolds fortune. Legal authorities cited the North Carolina code as sowing beyond dispute that the actress’ unborn child would inherit. At the coroner's inquest a nurse testified she had heard Mrs. Reynolds tell Albert Walker, her husband's friend .that she expected to become a mother. The Reynolds family physician said he knew nothing about it. The North Carolina law is implicit concerning posthumous births, Leonard Weinberg, local attorney said. He cited the part of the code which says that if a child is born within ten months of the death of the father it is considered as "in being, for the purpose of taking any estate from the deceaded to which such child is entitled.” MINERS OPPOSE SCALE Demand Reconsideration of 55-a-Day Agreement. toy tniied tore** SPRINGFIELD. 111.. July 12. Four hundred union coal miners protesting a proposed $5-a-day wage scale, mobilized at the offices of the Illinois district union today, demanding recall of the ballots on the scale and that miners' conference reconsider its ratification of the wage .reement.

The Indianapolis Times Fair tonight and probably Wednesday; slightly warmer Wednesday.

VOLUME 44—NUMBER 53

147-Day Coma Rare Serum Developed From Own Blood May Save Sleeping Beauty.

toy I, nlted tore** OAK PARK, 111., July 12.-A suburban physician today pitted a rare serum taken from the blood of pretty Patricia Maguire, 27, who has been in coma 147 days, against the creeping death that threatens her. Like the sleeping princess in the fairy tale, the slender, darkhaired girl virtually has been a "living corpse” since last Feb. 15. A conference of physicians decided months ago tnat she could not live. But the spark of life burned on, and that fact has made it possible for Dr. Eugene Traut to isolate, for .the first time from a living huirian, the germ that causes American “sleeeping sickness.” "It is the most amazing case I ever have seen or hard of,” Dr. Traut said today. "Because of Miss Maguire's strange vitality, I have been able to isolate the germs and develop a serum. "I have administered the serum —and I hope it will not only cure her, but will prove a valuable addition to the store of medical science.” nun FOR nearly six months the quiet-spoken, attractive private secretary has lain almost inert in the Oak Park home of her mother, Mrs. Sadie Miley. At times her eyes have flickered, but neither her mother nor her sister, Mrs. Gladys Hansen, believe she recognized them. Every two hours, two nurses g*ve her liquid food through her nostrils. Daily, they massage her limbs so they will not waste away. "Strangely enough,” the mother said, "Patricia has grown heavier. She weighed only 120 pounds when she was taken ill, and now she weighs almost 150.” n tt tt A ROMANCE apparently was given a tragic setback by the malady. "Was Miss Maguire to have been married?” the mother was asked. The mother caught her breath. "Let's not talk about that,” she pleaded. The illness struck Miss Maguire as she was preparing for church. Everything has been a blank to her since, as far as her doctor and the nurses could determine. Dr. Traut explained that the malady is a brain infection. He cautioned against confusing it with "sleeping sickness.” prevalent in Africa, and caused by the bite of the tse-tse fly.

DENIES EUROPE ‘GANGING 1 U. S. MacDonald, However, Asks for American Debt Aid. By 1 nitrd tore** ' LONDON, July 12.—Premier J. Ramsay MacDonald appealed indirectly to the United States today to act on war debts. Defending the Lausanne reparations agreement before the crowded house of commons, he indicated his fervent hope that the United States would fulfill its promise of doing its share towards rescuing the world from economic peril. Europe, he contended, has settled reparations, as suggested by the United States. He denied any secret combination of European nations against the United States had been reached at Lausanne. He also denied any private war debt understanding had been reached with the United States, but he clearly made a ’hands across the sea" appeal for war debt readjustment. The problem, he said, resolves itself into one of world trade movement. No American, he believed, would consider the mere putting of Britain on its financial feet enough. "Our payments might be reduced,” he said. “They might be excused or might, be abolished, but that is not all we want. It would not solve the problem of trade and international exchange.” Andrew W. Mellon. United States ambassador, sat in a prominent seat in the center of the front row of the gallery. •RIOT'OVER EVICTION Four Police Squads Rushed to Quell Battle. Four police squads were called to Thirteenth and Lafayette streets this afternoon after unemployed resisted efforts of constables to evict a family. Police said furniture removed by constables had been replaced by unemployed and again removed by the constables. Riot call was issued when it was said the unemployed were dismantling the house. COP LOSES IN APPEAL City Works Board Upheld in Rum Conspiracy Dismissal. City officials received word today that Circuit Judge A. J. Stephenson, Danville, had upheld the city in the case of Thomas Gray, patrolman, discharged on conviction of conspiracy to violate the federal prohibition law. who asked for reinstatement and back pay. The city legal staff now is perfecting an appeal from decision of Superior Judge William A, Pickens, who ruled recently that Martin J. O'Brien, discharged with Gray, should be reinstated and receive back pay from the time of his dismissal.

INDIANAPOLIS, TUESDAY, JULY 12, 1932

CITIES BATTLE FOR MOST OF AUTO, GAS TAX Bitter Conflict Is Waged With Rural Districts in Legislature. RELIEF FUNDS NEEDED Breach Widens Following Hearing; Mayors Demand Bigger Share. With cities seeking a greater portion of the $25,000,000 state gas tax and auto license fund to aid in relief work, a special session legislative battle was under way today, as rural communities voiced opposition I t 0 Proposed redistribution of the I fund. For the first time since the special | session opened to enact tax relief ! Clties fought openly with the country for a larger share of the fund. That the breach may prove to be | the greatest stumbling block in the j P at h of tax relief action was ; brought to the surface at a public hearing Monday night before the house ways and means committee, on six bills providing for redis- : tribution. Fight Over Session Cost Shoving tax relief matters to the background, the house also wrangled over costs of the special session, and j refused to conquer with a senate | amendment to the appropriation i bill, allowing $120,000 to defray costs j of the session. Fourteen bills, touching on all j phases of government economy, were introduced at today’s session. After first concurring with the j senate on the amended appropriai tion bill, house members moved to | reconsider their action and voted to appoint committees from both j houses to agree on the amount to ! be spent for the special session. The house bill, providing for expenditure of $50,000 for the session, was amended by the senate. Commission Is Asked Resolution calling for appointment of a commission by the Governor to study and devise means to cut government costs was referred to Judiciary A committee. Five bills affecting operation of governmental units were reported for passage by the house ways and means committee. Chief of these was a measure of Representative Earl Crawford (Dem.), Milton, providing for abolition of the office of township assessor, placing duties on the trustee. The office of assessor would be abolished in townships of less than 7.000 population, and auditors would assume duties of trustees in counties of less than 35,000 population. Would Ban Road Bonds Among bills introduced today is one by Representative Hardin S. Linke (Dem.), Columbus, prohibiting issuance of bonds for construction of county highways until | September, 1935. A second bil lintroduced by Linke \ would transfer jurisdiction of all I township highways from trustees to ; county commissioner, the latter to j maintain the roads. Elimination of the office of coun- ' ty highway superintendent is pro- | vided in a bill by Representative Oran W. Cromer (Rep.), Middle- ; ton. Under the measure, the super- : intendents’ duties would be, assumed by county surveyors. Cities Ask for Funds Mayors of several cities, headed by Mayor Reginald H. Sullivan and James E. Deery, Indianapolis city attorney, appeared before the house committee to ask for a greater portion of gas tax and license funds to stave off threatened bankruptcy, because of mounting poor relief burdens. It was evident today that a hopeless deadlock can be avoided only by increasing the cities’ share of the revenue. Bills under consideration propose to send half of each fund back to the state highway commission, which now receives three-fourths of j the gas tax and all the license | fund. j Os the remaining half, under two ; of the bills, three-fourths would go to counties, based upon road mile- | age, and the last fourth would go | to cities and towns, distributed according to population. Favored by Mayors These measures, guaranteeing ! greater shares for cities, were favored by the mayor and city offil cials. "The cities never have had a lobby to claim a just part of the ! revenue, but we’re organized this time to make a fight,” Deery de- | dared. Sullivan and Deery argued that j cities can adjust budgets to care i for poor relief if shares of the two i funds are increased to care for expense of city road maintenance. Mayor Roswell O. Johnson of Gary, pointed out that the share of cities and towns in the two funds is about $1,500,000. whereas the bulk of the revenue goes toward maintenance and building of roads in rural sections. "When times were good we paid no attention to where this money was going, but now. nearly bankrupt and facing gigantic poor relief burdens, we come to ask our just share,” Johnson said. "In the name of God. where do those twenty-five millions go?” Hourly Temperatures 6a. m 67 10 a. m 81 7a. m 71 11 a. m 82 Ba. m 75 12 (noon).. 84 Hp 79 Ip. m 85

Variety Is the Spice of This Assembly

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JOHN RINGLING CRITICALLY ILL Amputate Both Leas of Last of Circus Family. By Unittd Pres* NEW YORK, July 12.—John Ringling, last of the seven brothers of circus fame, is recuperating today from a serious illness which necessitated the amputation of both his legs. At the Half Moon hotel, Coney Island, where he is convalescing in the suite of his friend, Samuel Gumpertz, Ringling was said to be “resting comfortably.” Ringling's illness was kept secret by his associates. It was learned, however, that it was a form of blood poisoning and that the amputations were performed several weeks ago. Ringling is about 66. He was born near Baraboo, Wis., where his harness maker father, August Rungeling—the correct family name —settled after emigrating from Hanover, Germany. When John and his six brothers, Will, Otto, Alfred, Charley, Gus, and Henry, were youngsters, a minor showboat tied up at the dock of McGreggor Island, a Mississippi river town where the family then lived. The advent of this little show determined the career of the Ringling brothers. They began playing circus seriously from the start. From pins for admission they progressed to pennies and then to larger and more profitable coins. Alf became a professional juggler, while Henry and Gus played the town halls and school houses of Wisconsin and Minnesota as the classic concert company. Later the brothers combined as "Yankee Robinson's Great Shew, Ringling Brothers Carnival of Novelties, and Denar’s Museum of Living Won- j ders.” Yankee Robinson and Denar were happy nom de plumes.

DUESENBERG IS BETTER Reported Out of Danger From Pneumonia; Doctors Optimistic. JOHNSTOWN. Pa., July 12.—Reported out of danger frem double pneumonia, Fred S. Duesenberg, vice-president in charge of engineering of Duesenberg, Inc., Indianapolis motor car manufacturers, is improved today, according to physicians. With the pneumonia crisis passed, Duesenberg has a much better chance for recovery from injuries of a fractured shoulder and broken ribs incurred in an automobile accident near here, hospital physicians report. Lions Club to Celebrate Eleventh anniversary of the founding of the Lions Club will be celebrated at the weekly luncheon Wednesday at the Lincoln. Speakers will be Albert Stump and H. D. Tumbleson.

Chair Recovered by Times Ad First Day. A Kaltex Chair and Tarpaulin were lost from a truck of the Bivin Transfer Cos. Mary Powers of 3801 East Twenty-first street found the articles and returned them. She received as partial reward two guest tickets from the Indiana Theater. If you lose something remember A Time Lost Ad Costs Only 10c a Line Call RI. 5551

' The special session of the legislature is crammed with variety. In order to lunction. the assembly finds itself the meeting place for a variety of ages, thoughts and purposes. Upper Left—Miss Louella Foreman, Logansport, house clerk, and Charles A. Mitchell of Greenfield, reading clerk, whose purpose is to tell legislators of bills submitted. , Upper Center—Senator Earl Rowley (Rep.) La Porte, whose efforts of repeal of the Wright bone dry law has found many supporters. Upper Right—Albert Ackerman, 12, Ladoga, talks it over with Barbara Jean Scheid, 8. of 3541 North Capitol avenue. They are house pages, there to do the bidding of representatives. Lower Left—This quartet of girls is kept busy in the senate in performance of page duties. They are, left to right, Jean Mullin, Marjorie Coats, Josephine Lockhart and Anna Louise Hardy. Lower Right—Miss Katherine Beaulieu, house typist, taking notes from Representative Albert F. Walsman (Dem.), Indianapolis.

NON-SERVICE DISABILITY PAYMENTS TO VETERANS REPUDIATED BY LEGION

20 Years for 18 Nickels Is Fate of Boys toy United tores* LA PORTE, Ind., July 12. Two young men will serve from three to ten years in state penal institutions for the theft of 91 cents—a year for every nickel stolen, if they remain the maximum time. Under Indiana’s compulsory sentence laws, Judge Alfred j. Link had no choice but to impose the three-to-ten-year terms upon David Erickson, 24, Chicago, and Joseph Popsisch, 22, Sprinfield, 0., when they pleaded guilty to second degree burglary charges. They had broken into the public library. Suspension of sentence is forbidden, hence the “year-for-a-nickel" penalty had to stand, although neither defendant has a criminal record.

TEBAY GIVEN POST . Named Deputy Controller, Succeeding F. M. Coleman. Herschel M. Tebay, 2358 North Delaware street, was selected today from a field of approximately twenty candidates, to fill the post of deputy city controller, left vacant by the recent death of Francis M. Coleman, several weeks ago. Announcement of the appointment was made by William L. Elder, city controller, following a series of conferences with’ Mayor Reginald H. Sullivan. Tebay served as deputy in the internal revenue department at the time when Elder was collector. He remained in that post when M. Bert Thurman assumed the collector’s office, later leaving the federal service to associate with the Union Trust Company. In recent months, he has been engaged privately as an income tax expert. Tebay is married and has two children. The appointment becomes effective immediately. CAPONE CUTS OVERALLS “Scarface Al” Likes His Prison Work. Pals Are Told. By United Pres* CHICAGO. July 12.—Al Capone is cutting overalls in the Atlanta federal penitentiary—and liking it. This was the word received today by former associates of the ex-gang leader. Capone, serving an eleven-year sentence for evading income tax on the huge profits amassed by his gang's control of liquor and vice interests, was kept in quarantine for two weeks, then assigned to the overall shop.

KnterpJ ** Second Class Matter at I’ostoffice, Indianapolis

Measure Enacted in 1930 Is Costing Taxpayers $104,000,G00 a Year. Bt/ l nited Press NEW YORK, July 12.—The American Legion today denied responsibility for the disability allowance act, which allows veterans rompensation for disability regardless of whether it was incurred in service or in a taxicab accident. The measure costs the taxpayers $104,000,000 a year. Since the disability allowance was enacted July 3, 1930, the cost has risen to over $100,00,000 a year, the Legion statement said, with indications it will continue to rise. "This measure,” the statement went on, "was jammed through congress in the closing days of the session by the administration, after the President had vetoed an increase in compensation payments advocated by the Legion. Never Advocated It "This nonservice disability cost, therefore, is not the responsibility of the American Legion, as the legion never has advocated such payments to World war veterans through action of its national convention.” "Thi sadded cost of more than $100,000,000 a year is the responsibility of the administration—which drew the legislation, obtained its introduction and force dits passage in senate and house.” The bill permits a soldier, whose injury has been incurred since the war, to apply for and receive from sl2 to S4O a month. Hits Economy League The statement also attacked the National Economy League, of which Archibald B. Roosevelt, son of the late President, is secretary. The organization proposes a cut of $450,000,000 a year in the cost of veterans’ relief. The statement analyzes increase of relief cost, which it estimates at $50,000,000. The factors resulting in the increase, it says, were: Moving up the date to Jan. 1, 1925, for the period in which service connection is presumed in case of tuberculosis and mental disease; change in the rating schedule; cessation of vocational training; a statutory award of SSO a month for arrested tuberculosis. ORDER - BEACH CIOSED Morgan Fears Contamination ot Twenty-sixth Street Resort. Immediate closing of Twentysixth street beach was ordered to day by Dr. Herman G. Morgan, secretary of the health board on receipt of information that the Meridian street sewage pumping equipment had broken down. Failure of the pumps, reported by C. C. Calvert, sewage department superintendent, may deflect sewer waste into White river and contaminate the water at the beach, Dr. Morgan said. The beach probably will remain closed for four days after repair of the pujfcjp.

RAP HOOVER ON 'JOBS TIMIDITY' House Independents Score Relief Policy. By United Press WASHINGTON, July 12.—President Hoover was criticised for “timidity toward unemployment relief legislation” today by a coalition of house independents headed by Representative La Guardia (Rep., N. Y.). Their statement suggested congress recess until the time comes for action on a relief bill to supplant the one vetoed by President Hoover. The senate banking and currency committee had under consideration today a substitute measure offered by Senator Wagner (Dem., N. Y.) for the $136,000,000 emergency highway bill, passed by the house, and now on the Senate calendar as the special order of business after disposal of the home loan bank bill. Wegner’s bill will carry $2,122,000,000, the identical amount in the vetoed measure. The house independents’ statement said: “In the matter of direct relief, we deplore the utter lack of vision and timidity on the part of the chief executive and the apparent surrender of the legislative branch of the government.” The group suggested anew relief program, including: Substantial direct relief to the states to be apportioned on the basis of need. A program of public works “of i sufficient magnitude to bring about a revival of business and credit. Confining of Reconstruction Finance Corporation loans to “produc- j tive and creative enterprises.” JAIL DALE ACCUSER Ouster Petition Author Is Held for Knifing. By Times Special MUNCIE, Ind., July 12.—John Cox, who filed the petition asking ouster of Mayor George Dale, presented before the city council Monday night, was arrested and freed on his recognizance this morning, charged with a knife attack on Charles Cannon, street department employe. Cannon was stabbed Monday night after an argument with Cox, just before the council meeting. Cannon was taken to Ball Brothers’ hospital, suffering from a deep gash near his jugular vein and two cuts on his head. The slashes w-ere inflicted with a pen knife. Sixty-seven stitches were required to close the wounds. Cox was a witness against Dale in the mayor's recent conviction in federal court in Indianapolis on a charge of conspiracy to violate the prohibition laws. The petition asking Dale's ouster merely was read at the council meeting and passed on to the judiciary committee. DENIES COINAGE SHIFT British Chancellor of Exchequer Says Gold Return Remote. By United Press LONDON, July 12—Neville Chamberlain, chancellor of the exchequer, told George Lansbury, Laborite, in the house of commons today. “I have no hesitation in saying there is no intention on the part of the government to return to the gold standard, either now or in the immediate future.”

HOME EDITION PRICE TWO CENTS Outside Marlon County, 3 Cent■

$84,200 AUTO LICENSE DEAL IS UNDER FIRE Printing Contract Probe to Be Asked in House by Rep. Galloway. U. S. AGENTS ON TRAIL Details of Business With Illinois Firm Called ‘Graveiy Peculiar.’ BY BEN STERN Demand that the house of representatives investigate fully and fix the blame for the "gravely peculiar” $82,400 drivers' license printing contract, now under investigation by federal authorities in Indiana and Illinois, is expected to be made Wednesday in a resolution presented by Fred Galloway (Dem.), Indianapolis. Galloway announced tocay that he had asked the opinion of Attor-ney-General James M. Ogden on the power of a house probing committee to summon witnesses and take testimony on the contract entered into by Otto G. Fifield, Crown Point, former secretary of state. "Details of this contract, now under federal investigation, are so gravely peculiar that the best interests of the state would be served if the house appoint a committee to summon and question witnesses and report its findings and recommendations to the legislature for further investigation,” he asserted. Probed by U. S. Agents For more than a year federal authorities in both states have been seeking information regarding income tax evasiohs, linked with the contract. Information concerning cashing of state checks has been revealed, it was learned. The Times also learned that one of the two checks and its voucher for $42,400 have disappeared from the files of the auditor of state. Records reveal that Fifield called for bids for auto drivers’ licenses lin 1929, following the legislative session which enacted the licensing I law. Contract for printing 2,000,000 license certificates and containers was awarded the firm of Ohlhaver & Burkhart of Aurora, 111., which claimed to have a patented certificate, for $82,400. It also was revealed that the Haywood Printing Company, Lafayette, one of the state printing contractors, had done the actual printing. At the second letting the company bid only S2O for an additional million, because the company knew sufficient number was on hand to last three years. Called $4,000 Job In fact, the secretary of state's department has in stock today approximately 1.003,000 surplus' certificates, it was said. A representative of the Haywood company told state officials, after the letting of the original contract to Ohlhaver & Burkhart, that his firm could handle the printing job for $4,000. Federal investigators later learned that the Haywood company charged the Illinois firm slo,ooo' for the printing work and that Ohlhaver & Burkhart contributed only the license form. The first contract check for $40.000 was paid Ohlhaver & Burkhart July 9. 1929, it ir known. Federal authorities are reported to have questioned the partners as to why they did not pay income tax on the $82,400, and learned that they had not kept all the money, but stated that it had been divided among several persons. Traced to City Trust William A. Ohlhaver and C L Burkhart took the $40,000 check to the defunct City Trust Company and cashed it for several drafts drawn on a Chicago bank and one Indiana national bank, records reveal. Galloway says he has information that the partners were accompanied by the head of the Haywood company, who was reported to have been given a draft for $10,000; James L. Bradley, former head of the auto license department; and the late Clarence Fait of Lake county, who was a close friend of Fifield and investigator for the corporations securities division. Several drafts are reported to have been traced to northern Indiana and Chicago banks. On July 30, 1929, the second payment on the contract, a check for $42,000 was given the partners by Archie N. Bobbitt, then state auditor, and the same procedure of cashing it for drafts on the City Trust Company was followed. FREE ‘MERCY SLAYER’ Prosecutor to Take No Action, Killer of Son to Re Released. By United tore** MASSILLON. 0., July 12.—James Stenhouse, 26, whose confessed “mercy slaying” of his 2-year-old invalid son attracted nation-wide attention this spring, will be freed from the state hospital here within a few days, according to Superintendent A. G. Hyde. Prosecutor Elmo Estill of Holmes county, where the slaying occurred, said he would take no action against# Stenhouse as long as the hospital kept him under observation. Turns Down High Court Post By L nitr</ tore** BOSTON, July 12.—Professor Felix Frankfurter of the Harvard law school, nominated as a supreme court justice by Governor Ely two weeks ago, has informed the Governor he can not accept the position, it was announced today.