Indianapolis Times, Volume 44, Number 240, Indianapolis, Marion County, 15 February 1933 — Page 14

PAGE 14

SENATE ‘GAG' RULE LIKELY IN REPEAL FIGHT Wets Win First Skirmish Against Filibustered; Blaine Motion Up. Ity Scrippg-Hnirnril Krieipaper Alliance WASHINGTON. Feb. 15.—Winning their first skirmish against dry filibusterers, the senate wets today predicted prohibition repeal would be submitted to the states, if it can be brought to a vote. The drys were outmaneuvered and outvoted in their filibuster against the Blaine motion to consider his revision proposal, and voted this afternoon to begin immediate consideration of the measure. The handful of whitef-ribboners opposing any action now will return to their attack, and rnay delay a test unless a gag rule is invoked against them. There is every likelihood that this drastic remedy will be applied, in view 7 of the temper of the senate, as disclosed during Tuesday's tumultuously comic debate.

Witness Amusing Scenes It was not until after 10 Tuesday night that senate wets on both sides of the aisle wore down Senator Norris Sheppard (Dem., Tex.), author of the eighteenth amendment and chief filibusterer. When he yielded the floor after a nine-hour speech recounting the history of the League of Nations for the last ten years, Majority Leader Charles L. McNary (Rep., Ore.) moved for a vote on the proposal to take up repeal this afternoon. It unanimously was agreed to, but Sheppard and fellow-filibusterers did so only because they still have another chance to delay a vote at this session. The wets’ preliminary victory came only after some of the strangest and most amusing scenes the senate has witnessed in years. It was Minority Leader Joseph T. Robinson <Dem., Ark.), who a few years ago declared that "you can not nail the skull and bones of an outlawed trade to the Democratic masthead,’’ that kept more aggressive wets from surrendering to the Sheppard-Brookhart-Borah filibuster. “Pitiable Spectacle” Charged After a bipartisan tongue-lashing had failed to move Mr. Sheppard, who held the floor all day with his League of Nations address, the wets agreed to lay on the table the Blaine motion for consideration of his repeal resolution. Led by Senator Millard Tydings (Dem., Mdi they based their surrender on the ground that the filibuster was blocking important fiscal and relief measures. Thus, they sought to absolve themselves of the charge of quitting. But Robinson, who was angry because he had not been consulted on this move, leaped to his feet. He demanded that Senator Blaine be given more time to wear down or break the filibuster. He insisted that the senate decide whether it could legislate, or permit this “pitiable spectacle” to go on He referred to the nation-wide criticism which followed the LongThomas filibuster against the Glass banking bill a few weeks ago.

Whole Atmosphere Changed In a twinkling the whole atmosphere changed. The very senators who had agreed to support Tydings in tabling the Blaine motion deserted him. Robinson won out by 39 to 28 and this vote indicates that *gag rule and the repeal resolution itself will pass if it can be forced to a vote. , . , Immediately after Robinson s oneman revolution, a cloture motion to choke off the filibuster against the Blaine proposal to debate repeal was introduced by Senator Hiram Bingham (Rep., Conn.). But the agreement later obtained bv McNarv obviates the necessity of pressing for cloture. H. A. C. WILL ELECT Eleven directors Will Be Named to Govern Athletic Club. Election of eleven directors of the Hoosier Athletic Club for terms ranging from one to three years was to be held today. Candidates of the white ticket are: Charles Bowes, Eugene Dehner, Harold Hampton, Herbert Lamar, Walter Laurien. John McEwan, Robert Owen. H. A. Ffarrer, Walter Rose, A. M. Shouse and Dr. G. L. Long. Opponents on the red ticket are: Dr. Paul Kernel, Dr. K. B. Maykill, John Nicholson, Robert Potter, Paul Spencer, L. H. Riggs. Charles Maddux, William Shreve, Fred Schmidt, and Arthur Link.

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CROOKS FORGE JUDGE’S NAME

Gangsters Freed on Bond by Cunning Radio Trick

Thu is the seventh of a series of stories based on Information from the flies of the United States Bureau of Investigation and other sources telling for the flrst time the bureau's agents' part in famous mysteries. BY LOU WEDEMAR Time* Staff Wiiter DIRECTOR J. EDGAR HOOVER sat in office of the United States bureau of investigation studying a letter. He pressed a button, a voice answered, and he said, “Ask Special Agent J-12 to come in, please.” A moment later one of the most trusted men in the service stood in his chief's office. “I have a very delicate job for you,” the director said. “It may invoke the administration of justice in a federal court. I want the matter cleaned up, no matter how high it goes.” Special Agent J-12 studied the letter. It was vague, but in a general way it declared that a group of gangsters had practically taken over the corridors of Brooklyn federal court. The gangsters specialized in getting men out of prison, the informant wrote, even going so far as to forge judges’ names. J-12 would have liked to consult the anonymous letter writer, but there was no hope of finding him. So J-12 made his first visit to the famous old courthouse. The corridors were filled with as cosmopolitan a collection of hang-ers-on as J-12 had seen in any courthouse in America. There were shyster lawyers, bail bondsmen, reporters, marshals, bailiffs, clerks, stenographers, gunmen, mingled in the dimly lighted halls. a a J-12 devoted himself inconspicuously to watching the operations of freeing prisoners. When men charged with crime were brought before judges or commissioners, they were released on bail pending indictment by the grand jury or pending trial. In most cases, and In prohibition law violations especially, the agent saw that the bonding routine was carried out more expeditiously than he had believed possible. Posing as a lawyer awaiting clients, J-12 watched. His investigation showed him at once that one group of bondsmen had a monopoly. The Nittoly runners, as they were called, were very efficient young men. A prisoner scarcely would reach the bar before a Nittoly runner would rush into the court room with a court order approving his admission to bail. J-12 watched one particular case with interest. A speakeasy near the federal building was raided during the lunch hour, and a bartender, John Dougherty, was brought into the courthouse immediately afterward. Less than fifteen minutes elapsed between the time of the raid and the appearance of the Nittoly runner with the bond approval. When the order was filed with the clerk of the court, J-12 managed unostentatiously to get the name of the approving judge. It was Selah B’. Strong. Justice Strong of the state supreme court, had power to approve bonds in federal cases. J-12 went to Judge Strong’s chambers, but he was unable to learn, without showing his hand, how the Nittoly organization obtained such exceptional courtesy. A search of all the bonds on file for the preceding two months showed nothing strikingly irregular. ana BUT one point troubled hinr. On many of the Nittoly bonds there was a slight roughness where the judges’ signatures were affixed: on others there was no such roughness. He was bothered by a peculiar error on one bond the name “Walsh” was spelled “Walll” in one place. It was difficult to explain the error. Gossip he heard around the courthouse was not of a nature to encourage him in his investigaton. He heard one man complaining about the cost of his bail bond. “You’d better take it and shut up." the man was told by a dark individual whom J-12 frequently saw around the place. "Merrick

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Nittoly is a bad man to fool with. Why, he’s a Republican state committeeman. The local authorities can’t touch him.” J-12 was worried. Would the bureau continue its investigation when this was known? He sent in his report, but there was no change in his assignment. The bureau’s boast was that it was above politics. Now, the agent knew the Nittoly group had been operating in federal court for three years. This was important, since it was much easier to obtain possession of old bail bonds and bond applications than of new ones. tt a a AFTER a little difficulty he succeeded in obtaining the application for admission to bail of one John Walsh and the bond finally filed. It was on this bond that Walsh was spelled in one place “Walll.” With these J-12 went to Washington. At this time the Bureau’s scientific crime laboratory was in a rather primitive state, and Director Hoover suggested that J-12 use the services of another department. He took the papers to the treasury department, where an expert subjected them to various tests. Holding the application under an ultra-violet ray lamp, the expert pointed to the line which bore the name John Walsh. Inscribed beneath it J-12 could see plainly another name, Jack small. “Ink eradicator,” said the expect. “They got the application for Small and used it to get Walsh out of jail.” “Yes,” J-12 agreed. “And the forger accidentally traced the final l’s in ‘Small’ when writing in Walsh’s name.” “I’d like to look at the judge’s signature through a microscope,” said J-12. The name was clearly inscribed, and there was not the slightest roughness of the paper that might suggest a substitution of names. But what J-12 wanted to know, if science could tell him, was

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THE INDIANAPOLIS TIMES

L e f t—Justice Selah B. Strong. Above—Assistant Director J. J. Edwards in the bureau of investigation's new laboratory in Washington.

whether Justice Selah B. Strong had written his own signature. tt a tt TO the naked eye the signature was genuine. Under the comparison blocks the bond signature jibed closely with a signature which J-12 knew Judge Strong himself had made. He hoped, however, that the strongest microscope would show something interesting. So in the laboratory J-12 tried the biggest microscope and was none the wiser. Under that instrument the information given was of quality of ink and structure of paper rather than of authorship. He was about to give up when a thought struck him—had he been using lenses of too high magnification? With a hand glass he studied the signature again. This time he saw the signature had been made in short, careful strokes, not in a single scrawl like the judge's original. Each letter of the questioned signature, in fact, had been made with two or three short strokes—done with a pen so fine and with so careful a hand that the discrepancies were scarcely distinguishable. The magnifying glass told J-12 all he needed to know. Someone was forging the signature of a judge. This discovery laid bare the entire conspiracy. Applications for bail always are signed by judges in large numbers, so there was no need to forge the judge’s signature. Then when a prisoner came up the original name was erased and his was substituted. On the bonds, however, a closer check was made by the court. It was harder to get a signature. So the conspirators forged the judge’s name. a a tt NOW f-12 had to discover where the forging was being done and how. He returned to Brooklyn and sought out the luxurious office of Merrick Nittoly, at 186 Joralemon street. A radio played constantly. He made a quick survey of the

suite while inquiring for a fictitious person. That night he returned. Cautiously he slipped into a store room he had noticed. From one peep hole he could ■watch the office of the politician. From another peephole J-12 could watch the inner room in which the applications and bonds were kept, ready to be used as fast as prisoners were taken. There were bonds for men who hadn’t been arrested yet all ready to “spring” them when the need arose. Late the second afternoon he go his evidence. One of the employes came into the inner room, locked the door, and went directly to the window. An oblong of glass was fastened there to permit indirect ventilation. He removed this and took it to the radio. He lifted the top of the radio and put the oblong glass in place of it. Then proceeding as nonchalantly as if it were a perfectly legal matter, he used the illuminated glass to trace fifteen signatures of Justice Strong. A light in the cabinet made the signature readily traceable. tt u tt WHEN he was through, the forger replaced the glass, closed the radio top and went into the main office with the forged bonds. That was all J-12 needed. He called in other agents, and they seized several hundred bonds. The experts found more than.3oo had been forged or altered in some way. Several dated between July 9 and July 29, when Judge Strong was in Canada, bore his signature. J-12 took them to the judge. Justice Strong emphatically repudiated them. “That’s all I need,” said J-12. “Send for Nittoly,” said the United States attorney. Nittoly came, blustered and jeered. Special agent J-12 permitted him to see some of the evidence. Nittoly’s confidence melted. “I’ve changed my mind,” he said. “I’ll plead guilty.” He was sentenced immediately to eight months in the detention headquarters on West street, Manhattan, and two years in Atlanta penitentiary. The Atlanta term was suspended. Seven others in the forgery gang also were sent to prison. Next—Murder Farm.

MICHIGAN BANK CRISIS SPUR TU CONGRESS DRIVE Demands for Enactment of ‘Buried’ Glass Bill Are Sounded. BY RAY TUCKER Timr* Staff Writer WASHINGTON. Feb. 15.—Demands for enactment of the Glass banking bill and other measures for the protection of depositors were voiced here today as a repercussion to the temporary closing of 540 Michigan banks. Members of the house banking and currency committee, which buried the Glass reform measure after its passage in the senate, waited on Senator Carter Glass (Dem., Va.), with several compromise proposals. But it is understood he turned thumbs down on their suggestion that, in return for house action on his measure, he persuade the senate banking and currency committee to report out the Steagall bill designed to guarantee bank deposits and the Goldsborough inflation bill. Mr. Glass opposes both these measures.

The Michigan development unloosed a flood of criticism of the R. F. C. policy of using federal funds to preserve “vanished values,” and of its stripping banks of collateral in return for federal advances. The R. F. C. advanced about $15,000,000 to the Union Guardian Trust Company, which is the center of the Detroit disturbance. Preceded by one day by Bernard M. Baruch’s criticism of the effort to preserve “vanished values,” and his demand for a general scal-ing-down of the mountain of debt, the Michigan moratorium provoked discussion on the house floor, and by prominent members of the senate banking and currency committee. Senators Glass and James Couzens (Rep., Mich.), who had a part in conferences with R. F. C. officials over the Detroit situation, agreed fully with Mr. Baruch. It was recalled that during the fight over his bank bill the Virginian predicted 400 banks would have to suspend unless his measure was passed. Mr. Glass also voted for the R. F. C. with reluctance, setting forth at that time that it would be

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PATRICK WILL QUIT . RADIO COMMISSION Former Indianapolis Lawyer Joins Washington Firm. fly Scrip pa-ff award Xcwpaprr Alliance WASHINGTON, Feb. 15—Duke M. Patrick, former Indianapolis attorney, today announced his resignation as general counsel of the Federal Radio Commission, effective March 1. Patrick will become associated with the well-known Washington law firm of Hogan. Donovan. Jones, Hartson & Guider, headed byFrank J. Hogan, famous trial lawyer. Three years ago Patrick joined the commission as assistant general counsel, and he became general counsel, at a salary of SIO,OOO a year, when his predecessor. Colonel Thad H. Brown, was advanced to a commissionership last March. Patrick is 32 years old. He was born at Paragon, Morgan county, Ind., educated at Purdue and the University of Michigan. He engaged in law practice in Lafayette from 1925 to 1927, when he moved to Indianapolis.

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