Indianapolis Times, Volume 44, Number 281, Indianapolis, Marion County, 4 April 1933 — Page 13

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WITT APPEAL IS ARGUED IN HIGH TRIBUNAL Seldom-Raised Law Point Is Brought Out in Fight to Block Execution. Indiana supreme court judges today were confronted with a seldom raised point of law a-s they heard oral arguments by Ira M. Holmes, attorney, on the appeal of Charles Vernon Witt from a death sentence lor the murder of Lafayette Jackson, chain store head. The point raised by Holmes is that no warrant ever was served on Witt, and, therefore. Lebanon circuit court, in which he was found guilty, never had proper jurisdiction. So intrigued were members of the high tribunal that several of them questioned Holmes frequently during his argument. Joseph McNamara, deputy attor-ney-general, and Floyd Mattice, deputy county prosecutor, who was head of the state counsel at the Lebanon trial, opposed Holmes’ petition for anew trial. Mattice contended that no warrant for arrest was necessary, and that proper indictment by the Marion county grand jury was sufficient to give jurisdiction to the Lebanon court. The case was taken to the Lebanon court on a change of venue. Mattice also declared that no question can be raised on an appeal that was not raised in the lower court from which appeal is taken. Witt, with Louis E. Hamilton, alleged “trigger man,” were found guilty of killing Jackson in a holdup at the main store of the Standard Grocery Company. Hamilton also is under a d°ath sentence. Sentenced to die in the electric chair July 21, Witt was arrested on the street by Indianapolis police before any warrant for his arrest was issued. Hamilton was returned from lola, Kan. FLIERS DENY FIRING ON PRISON: HELD TO JURY Insist They Did Not Ply Close to Leavenworth Pen. By f nit ml I’res* LEAVENWORTH, Kan., April 4 Despite their insistence that they fired no shots, and did not fly close to the penitentiary. Lynn S. and A. N. Barlow, Denver, were ordered held Monday for the federal grand jury on charges of shooting at federal prison guards from the air. Prison guards said the Barlows swooped over the prison three times late Friday and shot at them. The guards testified they replied with rifles and machine guns. The arlows were arrested as they landed at the military airport. The brothers served terms at the prison under the names of Jack Barlow and J. N. Norris. They said t! y flew here from Denver to take home a third brother, Theodore, who was released Saturday.

Radio Dial Twisters

WFBM (1230) Indianapolis Indianapolis Power and Litht Company _ TUESDAY F M. s:3o—Skippy (CBSi. s:4s—Bohemians. s:2s—Transcription. 6:3o—Life in the Navy. 6:4s—Brown County Revelers. 7:oo—Easy Aces (CBSi 7:ls—Magic Voice (CBSi. 7:3o—Kate Smith iCBSi. 7:4s—Hot from Hollywood (CBSi. 6:oo—Chesterfield program (CBS*. 8 15—Threads of Happiness iCBS). B:3o—California Melodies iCBS). 9:oo—Magic Through the Ages. 9:ls—Transcription. 9:2o—Transcription. 9:3o—Edwin C Hill (CBS). 9:4s—Mvrt and Marge iCBS'. 10:00—Columbia Symphony (CBSI. 10:30—The columnist 10:45—Ted Lewis orchestra iCBSL 11:00—Barcelona orchestra 11 30—Leon Belasco orchestra (CBSi. ( 12:00 Midnight—Sign off. WKBF (1400) Indianapolis (Indianapolis Broadcasting, Inc.) TUESDAY r m. 4:oo—Twilight treasure hour. 4 30—Tea time tunes. 4 45—News flashes. 5 00—Musical menu. s:ls—Cecil and Sally. s:3o—Aunt Dessa and Uncle Connie. 5 45—Dinner melodies. 6 00—Mvron R. Green. 6 15—Harry Bason 6 30—Variety \ocal recordings. 6 45 —The sportslight. 7:oo—Devore sisters 7 15— Master's music room. 7:3o—Connie's orchestra. 8 00—The Old Pathfinder. 8 15—To Ire announced. 8 30—To be announced 8 45—Art Gillham 9 00—Rhineland melodies. 10:00—Sunshine singer 10 15—Morrev Brennan s orchestra. 10 30— De Sautelle's orchestra 11 00—Morrev Brennan's orchestra. 11 30- WKBF night club. 12 30—Sign off. WLW (700) Cincinnati TUESDAY F M. 4 00—The Low-Down. 4 is—doe Emerson. 4 30—The Singing luidv. 4 io—The Singing Lady iN'BCL 4 45—Little Orphan Annie tNBCI. 5 no—Contest 5 05—Dog talk. Dr Glenn Adams 5:15 Old Man Sunshine (Children's Period i. 5 30—Bob Newhall. 5 45 Lowell Thomas iNBC'. 6 00—Amor ,V Andy iNBCI 6 15—Gene Hiid Glenn. 6 30— Chandu." the Magician iDramat. 8 45—Jack and Jill 7 00—Crime Club tNBCi ► 30—Dr Bundesen iNBC). 7:4s—Riff Brothers g 00— Puddle Familv 8 15—Musical Conredv Cameos: Light opera Revivals mixed vocal sextet and concert orchestra g go—Ed Wvnn and the Firechtef band iNBC-KedL 90 Police dramas, orchestra NBC>. 10 00—Los Amigos 10 30—Vox Humana 11 oo—Cotton Club dance orchestra iNBCi 11:30 —Edgewater Beach hotel dance orchestra (NBC 1 12 00—Henrv Thies' dance orchestra. 12 15—Jan Garber s dance orchestra. A M.

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ELLIS ISLE KNOWS TRAGEDY

Deportation Laws Tear Parents From Their Children

roots and distribute his takings himself without any, all having ' 1 * or repatriation. , the poor was in the detention obtained annulments. | r f Under an act of March 2, 1929,

Till' is the third in a series of six articles on the tragedy, comedy and legal problems of Ellis island. . BY A. .1. LIEBLING Times Special Writer A CHILD W’as born on Ellis Inland not long ago. The mother—Mary H.—was a native of the Irish Free State, awaiting deportation as a public charge. She had been in the country three years and this was her third child All were illegitimate and each had a different father. The mother sailed without any of her children. “She wouldn't take them,’’ said Commissioner Edward Corsi. “She said it would give her a bad name in the old country to have a parcel of children and no husband. Mr. Mulholland, of the Catholic Charities, pleaded with her to take at least the infant, but it was no go. "We couldn’t send them back, because the Free State wouldn't take them. They are American citizens.” Bob Gooding, the sentimentalist, who once played the saxophone in B. A. Rolfe’s orchestra, but gave it up to play on the streets and distribute his takings to the poor, was in the detention room at the same time, also under sentence of deportation. Bob, his sole offense a disregard for the legal formalities surrounding divorce—he had five wives in 1930, as nearly as he could remember—did not want to be deported. While in Sing Sing he had learned the fate of his only son, whom he had not seen in twenty years. The boy, born ivhile Gooding was principal musician of the Fifth cavalry in garrison at Honolulu, has in turn entered the army and now is a sergeant at San Francisco. B B B HE and his mother had written letters full of affection to the caged musician. This first wife had in fact deserted Gooding, taking the boy with her, and now she sought a reconciliation. The bandsman wished above all things a chance to renew acFIRE CHIEF ASKS NEW SAFETY LAW FOR CITY Voshell Would Give Prevention Bureau Speedy Powers. Fire Chief Harry E. Voshell today asked the safety board to recommend to city council the passage of anew ordinance giving the fire prevention bureau power to enforce all city fire ordinances and placing the enforcement under a fire prevention chief. The present fire prevention bureau functions without authority under the direction of Bernard Lynch, a captain. It has no arrest or building permit denial. Lynch, it is reported. would continue as chief with the added powers. Particular attention would be paid by the bureau, Voshell said, to the storing of inflammable material and explosives. Permits for the erection of buildings for gasoline storage would have to have the bureau’s approval. Voshell's request was prompted by the recent Plaza Motor Inn blast which claimed two lives.

HIGH SrOTS OF TUESDAY NIGHT'S PROGRAM. 6:4S—NBC (WJZI Octavus Roy Cohen Murder Mystery. 7 00— NBC (WJZt—Crime Club. Columbia —Easy Aces. 7.30—N8C (WEAFt—Wayne King and his orchestra. NBC (WJZ) Adventures In Health. Dr. Bundesen. B.oo—Columbia—Jane Froman and Hayton's orchestra. NBC i WJZt— Musical Memories with Edgar Guest. NBC iWEAF)—Ben Bernies’ orchestra. 8 30 —NBC iWEAF)—Ed Wynn and band. Columbia—California melodies, guest stars. 9:00- NBC WEAF) —Poliace drama. Columbia—Five Star Theater, "The Kicker's Club.”

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ioTHi&t TODAY 5—U P. M. The Public Acclaims the Authentic “RASPUTIN” with English Titles liaseil oa Original Documents with NICOLAI MALIKOFF and Russian Moscow Theatre Cast Regular 25c Admission STARTING FRIDAY "THE TERROR (CLOWN) OF THE GARRISON"

“Outward Bound”—a sketch of the detention ward at Ellis Island drawn for the New York WorldTelegram and The Times by Margaret Lowengrund. quaintance with his wife and son. She, it seems, had divorced him in 1914, and subsequently had four children. “That was the one great romance of my life,” sighed the softhearted Gooding, tears dropping upon his black Windsor tie. “All those other wives I had—that was just to forget her. And she—here, look what she writes—all those kids she had—that was just to forget me.” Gooding who three short years ago had five wives, now found himself without any, all having obtained annulments. “Immigration cases are no longer simple,” said Commissioner Corsi. “It is no longer a question of two or three thousand eager aliens passing through the station every day on their way to homes in the Land of Promise, a matter of so many physical examinations, so many meals and so many blankets. “Each of these deportation cases calls for investigation, consideration, patience. The individual case makes such demands on the working time of the personnel that the island is not overmanned. “This is particularly so since recent economy orders have placed most of the employes on a seven-teen-day a month basis.” One of the most frequent subjects of complaint by deportation cases and the representatives of foreign powers is the detention of deportees in county jails for long periods after their arrest. Facilities at minor ports of embarkation are also bad. B B B CORSI is the first social worker and the youngest man ever to hold the position of immigration commissioner. He is 35. He regards his problems from a social worker’s point of view and not from the strict labor union angle that citizenship papers are a sort of union card and that every alien bounced out of the country leaves a job for somebody else—although he also may leave half a dozen dependants to become charges of the state. Bom in Italy, he is inclined to look upon a transplanted alien as a human being. In this he agrees with sentiment in his own district, New York and northern New Jersey, where “both parents native born” is a minority classification in the census table. In the matters of extension of visiting permits, stays of deportation, and fixing of bond, he believes a great latitude should be left to the individual commission, as in the granting of voluntary departure. A deportable alien allowed voluntary departure leaves the country at his own expense, with privilege to seek re-entry immediately. In the case of an alien who has married and possibly has become a father during his illegal residence here, this is a great privilege. Even a deported alien may, after a year, petition for permission to re-enter the country. The bill permitting this latter course was passed only last summer, so that there has been no opportunity for any deportee to return as yet.

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THE INDT ANAPOLTS TIMES

Commissioner Corsi believes it will be almost impossible for an alien criminal to obtain a consul's visa to return, but that deportees for purely technical cause have some hope. B B B AMONG the restive typefe detained at the island for deportation walk a few' men and women who await the steamer impatiently. Each deportation train arriving from the interior brings a few of these Europeans who are eager to get home. “Section 23 cases,” they call them at the station. Section 23 of the immigration act of 1917 provided for the repatriation, at the expense of the United States government, of any alien here less than thre years who could show that he or she was likely to become a public charge. It lay forgotten during the years of prosperity. It has proved a godsend to several thousand aliens since. “You may think I am joking,” says Edward D. Zucker, head of the registry division, “but 75 per cent of the applicants for the free trips when the law was first revived, back in 1931, w r ere Scots. “That might be construed as a compliment for living conditions in Scotland. Most of the requests for repatriation are from natives of high living standard countries —Frenchmen, Englishmen, Scots, Scandinavians. “The eastern Europeans, who are inured to misery hang on. Many of the applicants are old couples. They came over to join children had good jobs, and now the children are unemployed, or their wages have been cut. So the old people go home. “What will they do there? In Great Britain apply for the dole. In other countries, relatives will manage somehow to provide for them. “Life in the United States makes relatives callous. The old peasant or bourgeois feeling of family obligation disappears. At the first pinch they throw the poor relations overboard.” B B B THE bureau of immigration Investigates claims of indigence. but Inspector Zucker says he has discovered few attempts at fraud. When emigrant parties come on from the west, the Sec-

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tion 23 cases are maintained at Ellis Island until their ships sail. There is no maintenance for local cases, although it usually requires a month to put through an application. The three-year clause in Section 23 limits its application. Practically all the eligible aliens who have entered the country since Jan. 1, 1930, have already applied for repatriation. Under an act of March 2, 1929, aliens who entered the United States irregularly prior to June 3, 1921. may regularize their status by obtaining a certificate of registry from the bureau of immigration. They must prove continuous residence and good character. The fee for the service is S2O, and the registry division is one of the few branches of government service that return a dividend. There were 14,000 registrations during 1932. Four thousand of these passed through Ellis Island. Aliens who entered the country illegally prior to 1924 are not liable to deportation, even though they fail to register, but if they leave the United States their return may be barred. It is impossible for them to become citizens. Aliens who entered between June 3, 1921, and Jan. 1, 1924, occupy an anomalous position. They are not deportable, but they may not obtain regular status. Tomorrow: The Deportation of Radicals.

FORTITUDE The fortitude of the American people is leading them toward anew and more permanent prosperity. The fortitude of America’s building and loan associations, in acting for the protection of their members, has brought them through with a remarkable record for financial stability. The standing of your local associations ranks with the best in the United States in the establishment of this record. They are facing the immediate future with increased reg Money invested in local SeTVeS and a strengthened control which will enable them to m building and loan asso- § ciations is spent locally. 1 render a still greater and more uniform service than ever B Every dollar does its 2 1 share in providing work 3 before I for local men and worn- * V en. HEinvest your money 3 P locally where It can 3 %_ 3 Invest in Building and Loan Shares. / THE MARION COUNTY of BUILDING & LOAN ASSOCIATIONS Copyright, 1933, A. V. Grindle, Indianapolis, Ind.

JAILED COUPLE TO BE MARRIED IN CITYCOURTj Legal Ceremony to Release Locks of Cell Doors Here for Pair. Love, in true 1933 style, is suppressed behind the oars of the Marion county jail, but, at 2 this afternoon, a legal ceremony in municipal court is to release the locks of the jail doors and emotion. In the woman's division of the jail is Miss Mary Jane Gray, 18-year-old Cleveland girl. In the other section is the object of hel dreams of love in the form of Harry j Lynn ePterson, 31, Los. Angeles. The story of their romance dates! back five weks. But the unsym- j pathetic Indianapolis police jarred the love story when they arrested the couple last week in a downtown hotel. ‘Does a Butterfly Fly?’ This morning Judge William H. j Sheaffer predicted all probably will reach a happy ending with announcement of the couple's ceremony to be held this afternoon. But, Miss Gray, has her own way ! of telling the world of her love for | Peterson. Asked if, ’way down deep in her heart, she carried that “faithful to the last” feeling, she replied: “Does a butterfly, fly, or does a grasshopper, hop?—that’s the way I feel about Harry,” she said through the bars. Closer questioning revealed from the girl that her references to the flitting of butterflies and the gyrations of grasshoppers meant that she really is in love. No Trickery, Now “Why. I loved Harry the first time I ever saw him.” she said. “That was five weeks ago and I still love him. He love sme, too, I’m sure of that.” She immediately denied that their marriage was any attempt to sidestep the clutches of the law. “Os course not.” she asserted. “It’s a case of real-for-sure love.” And, she's sure, Harry is going to work hard for her. “You know he’s a plane pilot, and everything will be fine after we get married and leave here,” she added. Whether that will be true, no one can predict, but it’s safe to say that they'll be married properly in the eyes of the court.

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HAT SAVES MARLENE

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Marlene Dietrich is going back to Germany soon, thankful that she was wearing a man’s stiff hat when she was thrown on her head from her horse during a film scene. Marlene, who started ‘.he fad for men's clothes, is shown here just before the accident in the longskirted period costume she blames for the mishap. Clam Digger Finds Old Coins By United Press NORTH EASTHAM. Mass., April 4. While digging clams on a beach near here. Charles Lee, 65. fisherman, unearthed five half dimes. The oldest was dated 1841 and the newest 1854.

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PAGE 13

SENATE VOTES AUTHORITY FOR MORGAN PROBE Action Taken After Lawyer for Big Banking House Issues Challenge. I By T'nitrd rrrs* j WASHINGTON. April 4. —The | senate today voted to its stock mar- ; ket investigators authority to proI ceed with investigation of J. P. j Morgan and Cos. John W. Davis, Morgan counsel, challenged authority of senate investigators. Walks 8 Miles to Pay Taxes By l nit< <1 Press POYSIPPI, Wis.. April 4— To celebrate his seventy-third birthday anniversary. Charles Stumpner i walked eight miles to town to pav | his taxes and ralked back home I again. PLEASANT RELIEF FROM CONSTIPATION Shoulders drcop under weight of years. Young, yet beauty has fled. Cheeks are sallow and drawn. Unsightly pimples. Keep your system clean and you keep the beauty of j youth. Its energy. Its irresistible i charm. Then life is not a failure. Clogged bowels and inactive liver cause poisons to seep through the system. Health vanished and with it beauty and energy. Dr. Edwards Olive Tablets will help save you from this dark hour. For 20 years they have been prescribed in place of calomel to men and women seeking health and freedom from constipation. They act easily and smoothly. No dangerous griping. Take nightly before retiring. Results will amaze you. Thousands of men and women would no\or be without Ir. Edwards Olive Tablets, a vegetable compound. Know I them by their olive color. I.V. 3'>c and •Hie. All druggists.—Advertisement.