Indianapolis Times, Volume 45, Number 178, Indianapolis, Marion County, 5 December 1933 — Page 1

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FINAL ARGUMENTS START IN MASON’S TRIAL FOR SLAYING Jury to Get Case Tomorrow With Alleged Jones Killer Facing Death in Chair; Defense Hit by State. WEATHER REPORT BLASTS ALIBI Heavy Snowfall Confirmed by U. S. Bureau, Despite Testimony by Witnesses to the Contrary. BV JAMES A. C ARVIN' Time Staff Writer NOBLESVILLE, Ind., Dec. s.—While echoes of testimony which discredited every important detense witness still was resounding in the courtroom, evidence in the tiial of William 11. Mason was closed at 11 this morning. The siate ended its rebuttal testimony and began preparations for closing arguments which will be heard this afternoon by a Hamilton county jury trying Mason as an accomplice in the murder of Sergeant Lester Jones, Indianapolis police officer.

It was expected that closing arguments of state and defense would require the remainder of the afternoon when court reopened at 1:30. Circuit Judge Fred Hines announced that instructions would be given tomorrow morning and the iury sent to begin its deliberations, the result of which wil determine whether Mason will die in the electric chair. The state’s final shot at the alibi defense prepared by Floyd Christian, defense attorney, yesterday, was incased in an official United States weather bureau report, which was introduced in evidence and read to the jury by Floyd Mattice. Marion county chief deputy prosecutor. Heavy Snowfall Reported According to the report, there was a total snow fall of more than four and one-tenth inches in Clifton. Ky., between Feb. 4 and Feb. 12. despite insistent denials by defense witnesses that any snow had fallen in that period. The matter of snowfall first was introduced into the case by the state when Kentucky police officers testified to watching Mason’s house in Clifton from Feb. 4 for a week. They said Mason was not at home, ' because no tracks of any one leaving or entering the house” were visible in the snowy The defense made an important issue of the snowfall and Mrs. Marie Wolfe. Mason's sister; her husband. Roman Wolff, and Mason's common-law wife. Miss Betty Clark, all of whom aided in preparing Mason's alibi, stated positively there was no snowfall. These same defense witnesses, together with Millard Owens, a Covington iKv.) druggist, testified to seeing Mason at a time which would have made it impossible for him to be in Indianapolis on Feb. 7 at 3 a. m.. the time of the slaying. Defense Tulls Surprise Prosecutor Herbert E. Wilson. Marion county, announced that first of the state closing statements to the jury will be made by Harold Beelar. Hamilton county prosecutor, who will address the jury for about an hour. Mr. Christian will follow with a three-hour argument for the defense and Mr. Mattice will close for the state. Another surprise of the day’s events included the sudden resting of the defense case ten minutes after court opened at 10 this morning Expected to place Mason on the stand. Mr. Christian closed his case with the introduction of further alibi testimony from Emil Rivard a Covington, <Ky.), attorney. Unable to be in court personally. Mr. Rivard's testimony was written into the record under a stipulation agreement. The state's rebuttal consisted of testimony of two Indianapolis detectives. Lawrence McCarthy and Robin Taylor, who stated Mrs. Wolff and Miss Clark told them they had not seen Willie Mason for several months” when the two girls were questioned in April. Gun Accident Explained After Mattice fired the bombshell of the weather report at the defense. there was no attempt at surrebut tal, and court was adjourned for this morning. An account of the manner in which Mason suffered injury to his left foot, which later resulted in its amputation, was given by Detective McCarthy, who related a story told by Harold Thompson, a member of the gang, now awaiting trial here. ‘Thompson told me they were driving from Louisville to Clinton to steal dynamite from the mines in order to make nitroglycerin,” McCarthy testified. "The roads were under water, which was seeping into the floor of the car. In an attempt to seize a shotgun from the floor. Mason accidentally discharged the gun. with the charge striking him and Eddie Miller."

Win a Prize It’s easy to win a prize In “Santa's Question Box" contest. And it's very interesting too. Turn Back Now to the Want Ad Pages for the Rules.

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VOLUME 45—NUMBER 178

OLDEST DE PAUW GRADUATE DEAD Dr. Salem B. Town, 86, Treasurer Emeritus, Passes Suddenly. By Ia ill and Perse GREENCASTLE. Ind.. Dec. s—: Dr. Salem B. Town, 86, treasurer emeritus of De Pauw university and its oldest graduate, died suddenly i today from a heart attack. He became financial secretary in i 1905 and remained active in university affairs after his retirement in 1929, visiting the campus and often leading devotionals at chapels. He was university treasurer when he retired, having been transferred to that past in 1912. A native of Paoli, he was graduated from De Pauw in 1866. He became a Methodist minister, and served in several Indiana cities, including Terre Haute, South Bend and Greencastle. He was a Phi Beta Kappa and a Phi Kappa Phi. 1 His widow and six children sur- j vive.

JUSTICE OF PEACE FACES JURY PROBE James Chatterley Ordered to Produce Records. James H. Chatterley, Perry township justice of the peace, today was j ordered to produce the records of: his office from January. 1931. until the present, before the Marion county grand jury. The forthwith subpena for Mr. Chatterley was issued to investigate j reports of alleged mismanagement of the justie’e of the peace office. WOMAN SHOOTS NEGRO IN DEFENSE^ CLEARED Victim Held to Grand Jury on At- , tempted Attack Charge. Charged with shooting Biffo Grimes. Negro. 817 Ogden street in! the arm yesterday. Miss Viviani Mullin, 25, of 323 East North street, | was freed in municipal court. Grimes was held to the grand jury on charges of assault and battery, with attempted criminal at- 1 tack, after Miss Mullin denied his story that he was shot in an argu- j ment over the amount of change due him after 'purchase of a pint 1 of whisky from Miss Mullin,” and gave her version of the incident, j Times Index BLACK HAWK 11. 19 Bridge 6 Broun 12 Classified 16. 17 Comics 19 Crossword Puzzle 20 Curious World 19 Editorial 12 Financial 18 Hickman - Theaters 7 Hunting 3 Lippmann 18 Radio 13 Sports 14 State News 13 Woman's Pages 8. 9

Aroused Citizens Crush Huey Long’s Machine

Squadrons of Armed Foes Force Polls to Close: Violence Used. By I niti it Vrrtt HAMMOND. la.. Dec. 5 —Mobilized citizens, some passively resistant, others using force, defeated Senator Huey P. Long's political administration and prevented the opening of polls for a federal election today in Louisiana's Sixth congressional district. The citizens, claiming that Senator Long's regime “hand picked’’ a

The Indianapolis Times Partly cloudy tonight followed by fair weather; tomorrow, colder; lowest temperature tonight near freezing.

•HEADIN’ FOR THE FIRST ROUNDUP’

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“Gimme some of this and some of that and—oh, gee gimme come of all of them,” orders Miss Esther Riddle, Penn-Arts apartments, as she makes out her list in preparation for repeal celebration tonight.

In Memory—A Wreath of Warmth for Some Boy

A WREATH lays at the top of the donors’ list of Clothe-a-Child today. Just in the column next to these cold lines of type is one line warmed by a mother's thoughts and in its warmth it will bring to one boy in the city anew coat, and stockings that won't need mending daily.

In that line-o’-type are roses on a bush and a. smiling girl bending to smell all their sweet to herself. And intertwined in that wreath of type is hope and faith renewed in Santa for a boy the wreath will clothe. For three years Clothe-a-Child has laid this w’reath. One year a girl breathed life into it, one year a boy, and now—a boy again. a a a IT says “In Memory . . . . ” and it win be remembered by the boy it clothes as long as shoe soles battle snowy weather, and woolen cloth fends playground scuffles and wind. You see it is “In Memory . . .” of a girl who was killed in an auto accident. But you could tell that couldn't you? Some way or other the roses of this wreath are brighter than other wreaths. And now' and then the smile of a boy shines through it all. But you could tell that, too, if you had laid the wreath! Yearly Clothe-a-Child builds smiles some way. some how'. a a o TODAY, for instance, a bachelor stopped by The Times. He was gruff and quick with his request, “I want a young’un—boy—that’s never had a pair of corduroy pants to his name.” “Haven’t got much time. I’m a salesman. Got to go out of tow'n,” he rushed through his words. “But ” Call Riley 5551 —and ask for Clothe-a-Child editor of Times. You will receive name of needy school child, 5 to 12 years of age. Each child has been checked for need by social service division of public schools. Community Fund reilef agencies provide the names of worthy children to be clothed. You clothe the youngster, or we’ll do it for you. That’s your Christmas, the child's, and that's our Christmas. “No 'buts.’ and I’ll tell you why I want that kind of a boy. When I was at the woodshed-whipping age. my old man gave me the hardest whaling I ever got. I never forgot how' I lay awake nights wishing I'd had on corduroys like he had on. and it. wouldn't have hurt so bad. Now. do I get my boy?” He did. So it goes, hour by hour, as the campaign passes the fifty mark and starts toward ONE HUNDRED. Remember this is a special gift at Christmas that you can give that can not hope to be matched bv Community Fund agencies.

ballot listing only Mrs. Bolivar E. Kemp as candidate for congress to succeed her late husband, refused to vote. Plying squadrons of armed citi-zen-deputies were out before 5 a. m. today in this section, bent on closing all polling places that they found. So effective was the revolt that at 8 a. m. Judge Lee Ponder, the Long lieutenant in the parishes of Tangipahoa, St. Helena and Livingston. announced that the election was officially called off in each of those parishes. “We don't agree with this adverse court order, but because we are lawabiding citizens, we will abide by it,” he said.

INDIANAPOLIS, TUESDAY, DECEMBER 5, 1933

Led by a Child

List of donors up to 8 a. m. today: In Memory of Dorothy Helen Farber. boy. Little Girl in Irvington, girl. Mr. and Mrs. Eddie Mever, bov and girl. Mr. Woodruff Place, girl. G. C. Welch, bov and girl. Mrs. H. R. A., hoy. Mr. and Mrs. John Newlin, girl. Mrs. North Alabama, girl. I Want Helen, girl. Mister Nira, boy. Indianapolis Times—Editorial department. two children; Girls of Times, girl; Mailing Room, child; Advertising Department. child; Composing Room, child; Circulation Department, child: Engravers and stereotypers, child; Pressroom, child. Job’s Daughters No. 11, girl. Mrs. G. 8., boy. Mrs. Central avenue, boy. Building Department, Citv Hall, girl. Craig’s confectionerv. No. 2,40 North Pennsylvania street, boy. Irvington Santa, girl. Robert Glover, girl. Mrs. Frank Lindner, girl. Mrs. S., a girl. Mrs. E. J. M.. girl. Mrs. East Michigan, girl. Pretzel Bell, Illinois and Market, three children. White Castle System, four hovs and three girls. Senator and Mrs. Jacob Weiss, boy and girl. Cynthia, girl. A Good-hearted Lady. girl. Mrs. East-side, twin boys. A Lecturer, bov. The relief bodies must spread their money throughout the entire year. Christmas is just another work day for them. You are the Santa on that day. Call Riley 5551 to be one.

Fired Without Warning , De Pauw Teacher Says

Current investigations by the powerful American Association of University Professors, instituted to uncover alleged ’’czaristic” methods used by Dr. G. Bromley Oxnam, De Pauw university president, in controlling the faculty, was instigated in behalf of Professor Ralph Hufferd. Professor Hufferd w T as dismissed last June only a few days after commencement exercises, w r hen he was planning his chemistry course for the fall semester. He received, without warning, a letter from Dr. Oxnam discharging him for “unjustified criticism of institution, administration and colleagues,’’ it is claimed. It w r as revealed to The Times that once before the administration had attempted to discharge Professor Hufferd. Studying in Europe, the professor received a letter stating that his services no longer were required. He had had no indication of this decision while he was on the campus, it is claimed. Professor Hufferd referred to his contract in an exchange of correspondence and was reinstated. Professor Hufferd has had a noted career as a chemist and was called to De Pauw in 1920. He holds the highest academic rank, that of Ph. D., and has studied extensively ii Germany, Austria, France and England, as well as at the University of Illinois, University of Chicago, Cornell university and Northwestern university. While in Europe. Professor Hufferd made a study of educational methods in institutions of higher learning. He has published widely in chemical and scholastic publications. He holds the highest reserve officer rank in the Greencastle district, major of chemical warfare, and is one of the few faculty members who has spoken on the subject of national preparedness in the De Pauw chapel. His popularity is shown by the fact that he was to speak

REPEAL DELAYED BY UTAH UNTIL TONIGHT; INDIANA LAW LIMITS SALE OF LIQUOR TO DRUG STORES ONLY

Pennsylvania Votes for Liquor and Becomes State No. 34. HOTEL MEN ARE IRATE Claim Postponement of Ratification Will Lose Thousands. By I nited Preee SALT LAKE CITY, Utah, Dec. 5. —A caucus of delegates to Utah’s i-epeal convention formally voted this afternoon to recess shortly after convening until 6:45 p. m. tonight, thus delaying the effectiveness of national prohibition repeal by approximately five hours. By United Press A delay in Utah's formal repeal vote today disrupted America's program for celebration of the end of prohibition. At Salt Lake City, delegates to the Utah convention decided to hold off the vote until about 8 p. m. (Indianapolis time). It had been scheduled for mid-afternoon, immediately after the thirty-fourth and thirty-fifth states —Pennsylvania and Ohio —voted. The reason for the delay was said to be two fold: A desire to make sure that Utah was the thir-ty-sixth state and a desire to have speeches at the convention broadcast at what was said to be a good hour of the evening for radio listeners. Meanwhile, comment on the delay was widespread, vigorous and adverse. for the mast part. Hotel men. restaurants, and scores of others in large wet cities had made elaborate plans for greeting repeal, which becomes effective the moment Utah votes. Chicago hotel men said the delay would cost them thousands of dollars an hour. In New York, Baston and other large cities the repeal program was to he set off by the flash from Utah and the delay disrupted many plans. By t inted Preen HARRISBURG. Pa.. Dec. 5 Fifteen prohibition repeal delegates met in the ornate senate chamber today and voted to ratify the twenty-first amendment to the federal Constitution. Pennsylvania thus became the thirty-fourth state to ratify. . shelbyvTllTman may REPEAT AS ‘CORN KING' Peter J. Lux Wins First Place in Group Competition. CHICAGO. Dec. s.—Peter J. Lux. Shelbyville Gnd.) “corn king” in 1919, 1922 and 1926, became a leading contender for the title again this year when his exhibit of white corn won first place in Region 8. comprising southern Indiana. Kentucky, Ohio, the Virginias and Maryland.

before the university chapter of Scabbard and Blade, honorary military fraternity, recently. Faculty critics particularly were indignant over Professor Hufferd's dismissal because they felt that the action indicated they, too, were in a position of being discharged without warning. Professor Hufferd’s dismissal, they pointed out, came at such a time that he had no opportunity to obtain a job for the next term. Privileges of the faculty meeting in an administrative capacity were banned by the president last year wdien he reorganized the faculty. In those meetings, the faculty had an opportunity to air their views and criticisms of university policies. 1 Now, any criticism must be presented in department meetings and relayed to a joint meeting of department heads and administrative officers. It has been pointed out by critics that the entire control of the university rests with the president and a board of deans, two of whom had been severely criticized by student body publications previously. In his report to the trustees, Jan. 17, 1933, Dr. Oxnam, referring to the faculty, asked opportunity for “free search for truth by intellectually honest men and women. This involves a salary status that elimi inates economic fear.” - It is charged, however, that most of the professors dismissed last June under a reduced budget had at some time criticised administration policies. The failure of the university to provide contracts last June was I termed as placing the faculty in a precarious economic position. Dr. Oxnam s actual views on administration, say critics, are included in the same report when he refers to a governmental trend of “increasing importance of executive j leadership, as against the earlier confidence in the balance of governmental powers, and the strengthening of the executive veto, nppointing power and budgetary author--1 ity.”

ON WITH THE NEWBy t inted Vicee WASHINGTON, Dec. s.—Here are the exact words which are being written into the Constitution of the United States today to end more than a decade of national prohibition: ARTICLE XXI “Section I.—The eighteenth article of amendment to the Constitution of the United States is hereby repealed. “Section 2.—The transportation or the importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. “Section 3.—This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the congress.” OFF WITH THE OLDAnd here are the words which are going into the and isca rd: ARTICLE XVIII “Section I.—After one year from the ratification of the article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. “Section 2.—The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation. “Section 3.—This article shall be imoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution within seven years from the date of the submission hereof to the states by the congress.”

‘What of It?’ Is City’s Answer to Repeal; High Prices, Shortage Blamed Indianapolis Drinkers Prepare for Mild, and Mostly Domestic, Celebration of First Day of Legalized Liquor Gulping. Tattered copies of.the “Bartenders Guide” were dragged out of hiding today as Indianapolis drinkers prepared for a mild, and in most cases domestic, celebration of the first day of legalized liquor. There seemed to be a marked apathy toward what in many respects is a historic day, blit the apathy was partly enforced.

High W'hisky prices and a shortage of both w’hisky and wine were responsible. Local shortage of the W'hisky is due to a national shortage, it was explained. Shortage of the wine supply was blamed on the state administration for its delay in issuing regulations for handling all types of liquor. “Why should we stock up on wines when v/e didn't know until ‘the last minute’ who w’ould be allowed to handle it,” was the reaction of drug store operators. Prices Are Prohibitive Several downtow'n drug stores reported early today they had no wine at all in stock and the few stores that did have it quoted prices a little too prohibitive for large-scale drinking. Majority of the available wine is of 20 per cent alcoholic content and can be drunk on the premises. Whisky, the state regulations provide, can be bought only in bottles and must be consumed off the premises. Flouting of the state regulations started early with downtown bars serving highballs at 20 cents a drink. It was the usual highball of one jigger of bourbon fortified w’ith ginger ale or water, about four ounces in all. Expect Stronger Beer Indianapolis beer importers, John Burke and William H. Clauer, said they had ordered higher content beer and expect shipments tomorrow'. Most of the new beer, on which there now is no alcoholic limit, will be from 4’- 2 to 6 per cent. “We expect a big increase in beer drinking, now that w ? e don’t have to serve ‘slop,’” chorused operators of beer rooms. So far, few’ of them have made arrangements to serve wine, as permitted under the state regulations.

Girl Kills Self With Acid; Identity Sought

Found Dying on Sidewalk at Fountain Square by Police. Identity of a girl who died at city hospital early today of carbolic acid poisoning, after being found unconscious on a south side sidewalk, today was being sought by Coroner William E. Arbuckle. The girl, about 20, was found at Fountain Square on Virginia avenue shortly after midnight by Patrolmen John Davidson and Ermel M. Hamilton. She was taken into the drug store at 1120 Prospect street, operated by John Hoffacker, and given antidotes, and then taken to city hospital, where she died a short time later without revealing her identity. No bottle which had contained the poison was found near the body, the officer said. tt

Entered *s Second-Ciass Matter at rostoffice, Indiauapoli*

The reason they have held back, they said, was because no wine salesmen have solicited them, they do not know how much the wine w'ill cost and how much they would have to charge by the drink. There was little prospect that tonight would be marked by any particular jubilation over repeal, if night club, hotel and club reservations could be taken as an indication. Operators of the Tally Ho Club at the Antlers and the Ratheskeller in the Severin reported no increase in reservations and said they w’ere a trifle less than usual, if anything. Managers of both resorts, how’ever, expected large crowds Saturday night. They said they had made no effort to stock w’ines because of uncertainty as to the state regulations and the delay in their issuance. Managers of the downtown hotels, the Columbia, Indianapolis Athletic and Hoosier Athletic said they had no increased reservation list for tonight. but expected large crowds Saturday. As w'hisky came back, prices went up. One dow'ntow’n drug store which had been selling blended w'hisky for (Turn to Page Fifteen) TRIALS ARE DEFERRED IN SCOTTSBORO CASE Court Acts While Jury Considers Fate of Other Negro By United Prut* DECATUR. Ala., Dec. 6.—Judge W. W. Callahan today indefinitely postponed all remaining trials in the Scottsboro assault case while a jury deliberated on the fate of Clarence Norris, second Negro defendant to face retrial allowed by the United States Supreme Court.

From telephone numbers found in her purse, the girl’s first name was learned to be Leona, but none of the acquaintances found through these telephone numbers knew her last name or address. Mrs. Ruby Perkins. 2035 North Meridian street, Apt. 209, married yesterday, said the girl came to room with her about ten days ago, and left Saturday night to take a position as a waitress, failing to return. Mrs. Perkins, who identified the body, said she had forgotten Leona's last name. Mrs. Perkins was taken to police headquarters for questioning. Bishop to Preach Here The Rt. Rev. Logan H. Roots, bishop of the diocese of China, will be the special preacher at the noon services of Christ's Episcopal church on the Circle Thursday and Friday from 12 to 12:35.

HOME EDITION PRICE TWO CENTS Outside Marion County, 3 Cents

Major Rules for Handling of Intoxicants Laid Down by Fry. CHANGES ARE POSSIBLE Purchaser Must Appear in Person for Sale. Is Order. Wine, but not whisky, may be legally bought by the drink in Indiana tonight. Whisky still must be purchased by the bottle at drug stores, but no prescription is needed. These are major rules for handling the new legalized liquor traffic promulgated today by Paul Fry, state excise director. They were drafted last night as the result of study of the problem by the Governor's liquor control commission. The commission will continue and rules may be changed in the light of future experience, it was announced by Governor Paul V. McNutt.

Protest Is Expected Protest, particularly from the border cities, is expected on the provision banning by-the-drink sales of hard liquor. The commission, in a statement on its stand, pointed out that such sales could not be permitted in high-class hotels and clubs and the same privilege be barred to those unable to pay for such service. Wide-open sales w-ould mean the return of the saloon and are unlawful under the present Indiana beer and liquor law, they said. Regulation highlights follow: Retail sale of whisky and other spirituous beverages is limited to established drug stores. Sales Only in Package Wholesale distribution is placed in the hands of established food and drug wholesalers. Sales will be only in the package and not for consumption on the premises. Natural wines, not fortified by or blended with spirituous beverages, may be sold for consumption on the premises by retail drug stores, restaurants, confectionary stores and other establishments in about the same manner as draught beer is sold. Whisky and other spirituous beverages will not be sold for delivery by drug stores, but the purchaser must go in person to make the purchase. Purchasers must sign an application on forms provided by the excise department. A limit of four quarts for any one person is a calendar day is established for spirituous beverage purchases. Hours Arc Set Hours for sales are from 7 a. m. to 11 p. m., and sales are prohibited on Sundays and election days. Prescriptions are required only when spirituous liquors are bought outside regular sales hours or when the liquors are bought by a person who does not personally apply for the beverage. Members of the control committee are the Rev. John W. Cavanaugh, former president of Notre Dame university, chairman; Mrs. Meredith Nicholson Jr., secretary; Attorneys Will H. Thompson, Indianapolis, and George O. Dix, Terre Haute, and Alex Gordon, labor representative. McNutt Makes Statement Citing the continuance of the commission, Governor McNutt declared. "Indiana is in a better position than mast other state;;, because we are in a position to observe the results of the first regulations and can change them to meet needs and conditions.” How drastic these changes may become w-as indicated in the history of the beer law. When first put into effect, the beer law required that meals be bought before a bottle of beer could be had. Then the food provision was dropped and later the Governor, by decree, permitted legalization of draught beer sales. Hourly Temperatures 6 a m 52 10 a. m 53 7a. m 53 11 a m 54 8 a. m 51 12 (n00n;... 56 9 a. m 51 1 p. m 58

BUY CHRISTMAS SEALS 1/1 SHOPPING DAYS JLU TO CHRISTMAS