Indianapolis Times, Volume 45, Number 181, Indianapolis, Marion County, 8 December 1933 — Page 1
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Sure, There Is a Santa, Otto Knows Disabled Veteran to Get Pension: His Children Need Clothes.
YEARS ago, there was a small boy named Otto. He was the regular kind of a boy who tick-tacked on Halloween, shot firecrackers on the Fourth of July, and at Christmas-time, snooped m closets to see if he was gping to get that red neck-tie, or woolly cap. He believed in Santa Claus then. He wrote to him in scrawly boyish hand, his wishes. But years passed and Otto became a man. He played Santa Claus. War came. Otto shipped to help his country. Today Otto lies in the United States Veterans hospital on Cold Springs road. He can not play Santa now. He is totally disabled. And the years have brought him a little Otto and five other children. ana AND today, still believing in . Santa Claus, he wrote to him in care of the Clothe-a-Child of The Indianapolis Times. His writing is scrawly from pain now instead of immaturity. But he started his letter just as he did years ago as a boy and just as his iitt!'* Otto does. “Dear Santa Claus:—l am asking you a great favor. I am in the hospital and I ean’t see any way of getting things for my six little babies. I don't think I ever will be home with them. We get a basket from the trustees, so you know howwe stand. Please remember my babies. Yours Truly, OTTO ” And all that he says in his letter, of not being home with them, is true, officials of the veterans bureau of Indianapolis say. Call Riley 5551—and ask for Clnthe-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 nanu s of worthy children to be clothe . You clothe the youngster, owe ll do it for you. That's your Christmas, the child’s, and that's our Christmas. Otto is too ill to play Santa. He Is too ill to buy them clothing. But Otto has a Christmas present coming, or rather his family has. and that is a S3O monthly compensation. John H. Ale, director of the United States Veterans bureau, told the Clothe-a-Child editor of The Times, “Y'ou can write him that we're putting through his compensation.” But the compensation isnt here. His little Otto and the others he calls his 'babies'' need clothing, relief agencies report. And so that's why a grownup Otto became a boy again and wrote to Clothe-a-Child. a a a COMMUNITY FUND agencies can not hope to make their budgets last throughout the year and play Santa at Christmas. Otto still believes in Santa Claus. Do you? If you do. then just write a letter or call Rilev 5551. You will be put in touch with him and his “babies’’ or Other Ottos who range the town seeking warm clothing for their children. The Clothe-a-Child donors’ list had reached eighty-four children to be clothed at t? a. m. today. List of late donors follow: Transit and Proof Department, Indiana National bank, three children. Mutual Benefit Association. Leader store Hot and ?irl. Knight Klub. two bovs. Sammie Rico and I,aura Kibler, boy. Business office of Indianapolis Times, bov. Girin of \**tn Casualty and Surety Company, girl. Mr*. Santa Claus, bov. Central Avenue Santas, two children. Fmploves of Madlev Company, cared for two children and took another girl. One Who l.ikes Antiques and Hobbies, child. F.mplo\es of I'nited Mutual Life In - stiranee Company, bov. (Other donors to the campaign, to date, on Page Four! FIVE CHILDREN. TWO MOTHERS DIE IN FIRE Baby of 18 Months Is Youngest In House Blare. By I ni>< and Press SAULTE STE. MARIE. Mich., Dec. B.—Two mothers and their five children were burned to death when a fire destroyed the home of Ernest Hiblen early today. The dead: Mrs. Erline Orr. 19; her daughter. Constantine, 18 months. Mrs. Genieve Hiblin. 31: Genevieve Hiblin, 8; Katherine Hiblin, 6; Jerome Hiblin. 5; Ernest. Jr„ 2. Overheated stove pipes were believed to have caused the fire. The two husbands were at work when the fire occurred. Hourly Temperatures 6a. m 36 10 a. m 39 7a. m 36 ll a. m 37 6 a hi 36 12 inoom.. 38 9 a m 36
Cooking News Women who delight in preparing anew dish and simple, but satisfying, menus will find the third section of today's Indianapolis Times packed with appeal. This eight-page section is devoted chiefly to news of food buying opportunities and hints on cooking that women will find of special interest. Turn to the third section. It's another real service by The Times.
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VOLUME 15—NUMBER 181
LAYDEN SUCCEEDS HUNK ANDERSON IN NOTRE DAME POST Famed Member of ‘Four Horsemen’ Is Selected to Take Irish Grid Berth; Harper Also Resigns. SILENCE KEPT BY ALL INVOLVED Duquesne University Football Boss Says He’ll ‘Accept’ Job as ‘Head Man’ at South Bend Institution. By Time* Sprrinl SOUTH BEND, Ind., Dec. B.—The resignations of Heartlev (Hunk) Anderson, Notre Dame football coach, and Jesse Harper, athletic director, were confirmed today by the United Press. Elmer Layden, one of the famous “Four Horsemen,” has | been named to fill both positions in a sweeping athletic reorganization. High authorities at the university whose football teams have been a national phenomena since the regime of the late
Knute Bockne withheld comment on the upheaval until the return of the Rev. Charles L. O’Donnell, president of the institution, who is undergoing treatment at the Mayo clinic, Rochester, Minn. Neither Harper. Anderson nor Layden would comment pending the official announcement by the university. There was some indication in the information obtained by the United Press that Anderson, while resigning as football coach, might return next season as assistant to Layden. The athletic reorganization came after Notre Dame's most disastrous season on the football field. It was a season marked by defeat after defeat and brightened only by a sensational victory in the last scheduled game in which Notre Dame beat Army by a single point. The new coach. Layden, was one of the brightest, stars ever turned cut in the heydey of the Rockne system. He was a back field member of the famous andefeated 1924 team, one of the most powerful the country had ever seen. He coached the last season at Duquesne university, Pittsburgh. Pa., where his team made a splendid record. Layden to ‘Accept' By t nited Press PITTSBURGH, Dec. 8— Elmer F. Layden, Duquesne university head football coach, probably wall accept an appointment as head coach at Notre Dame university, where he first won gridiron fame, he said here this afternoon. "I think it's true, and I think I’ll accept," Layden said, when told that South Bend dispatches disclosed the resignations of Heartley Hunk) Anderson and Jesse Harper at Notre Dame, and predicted his appointment to both offices.
Laborer Needs Liquor Most, Says Walter Pitkin
‘Prices Now Are Simply Graft,’ He Asserts as He Arrives in City for Address. BY TRISTRAM COFFIN Times Staff Writer ‘ The laboring man needs the benefits of liquor more than any other type of person." said affable Walter Pitkin, psychologist, educator and writer, today upon his arrival here to address a joint dinner of the Indiana Library Association, Indiana Library Trustees Association and Indiana Historical Society.
Enlarging upon his view Mr. Pitkin said: "The laborer has a greater need for an outlet. He has few opportunities for entertainment necessary for diversion from continual physical labor." He advised beer and ale, adding that Americans do not know how to drink hard liquor in moderation. Mr. Pitkin predicted that a crisis would be reached in the repeal era over intemperate drinking as a reaction against prohibition days. ■t'Hard liquor* prices are simply graft now." he stated. "However, that may benefit that working man by making beer his standard drink. If you would make a survey, you probably would find that the laborer really prefers 4 per cent beer." Mr. Pitkin agrees with H. L. Mencken that work and play, in the words of the three little pigs, "don't mix." Mixing the two he termed "the plague of the country." Drink slowly and forget the frets of the world, he advises. When queried by the reporter as to whether the habitual use of hard liquors during prohibition would not
Earl Peters Conceded Democratic Senator Nomination After Wild Enthusiasm Displayed at Ft Wayne Dinner Opening Campaign
BY DANIEL M. KIDNEY Times Staff Writer FT WAYNE. Dec. 8. R. Earl Peters, former Democratic state chairman, was being conceded the nomination for the United States senate today as the result of the enthusiasm displayed at a dinner in his honor here last night. Democrats from throughout the state attended, there being more than 1.200 present in the Catholic Community Center where the affair was staged. For more than two hours. Mr. Pjteri, heard himself praised and
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give the repeal drinker an ability to “handle" legal liquor he said: “That is quite possibly true. I know a wealthy New- Yorker, easily able to buy the best liquors, who still prefers to buy raw whisky and bathtub gin. Tastes have been easily corrupted during prohibition.” Mr. Pitkin approves heartily of the "It’s Smart to Be Legal" campaign of The Times and other Seripps-Howard newspapers, and said that the speakeasy proprietor was a counterfeiter. “I would like to see a vigilante movement against speaks, because they rob money I from the taxpayers,” he asserted. "I would be insulted.” he continued, “if a man asked me to take a drink when I did not need one. Drink should not be a social instru- * ment. but rather a healthful measure to relax tired nerves. People over forty relax more readily with mild liquor.” He praised American-made wine and beer, declaring that prohibition ! had improved the art of brewing.
his election to the senate predicted. He reviewed the history of the party since he became chairman in 1926 and pointed out that after original reverses, the Democrats now are successful both in state and nation. Leaders of the Governor Paul V. McNutt administration were not on hand for the meeting, except Chairman James D. Adams of the state highway commission. He sat at the speakers’ table and in a short talk, paid high tribute to Mr. Peters’ party leadership. Credit for passage of the old age pension was given Mr. Peters,
Partly cloudy and colder tonight, lowest temperature about 24; tomorrow fair.
STATLER HEIR DIES IN CRASH Son of Late N. Y. Hotel Magnate Is Killed in Auto Wreck. By United Press TUCSON, Ariz., Dec. B.—Milton Statler, son and heir to the estate of the late Ellsworth Milton Statler, New York hotel magnate, was killed and his wife was injured last night when their car overturned on a highway near the Mexican border, it was learned today when Mrs. Statler was brought to a local hospital. Mrs. Statler, suffering from shock and severe bruises, was not believed to be in a serious condition, according to Dr. George W. Purcell. The accident occurred forty-five miles from Tucson, near Sasabe, a remote town near the Mexican border. Authorities believe the car w-as traveling at a high rate of speed when it struck a dip in the road, crashed into a ditch and overturned, pinning Statler, the driver, in the wreckage. He died "within a few minutes. Mrs. Statler was too distraught to identify herself or husband, it was said. Identification was established by a friend who lives near a ranch that Statler purchased near Sasabe a few months ago. The couple had been living on the ranch with their small son, less than a year old. The child was at home. The parents had been visiting friends here and were en route home at the time of the accident.
INDIANAPOLIS, FRIDAY, DECEMBER 8, 1933
RESIGNS GRID POST
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“Hunk'' Anderson
Corpse of Negro Slayer Mutilated and Burned i by Frenzied Texas Mob Bloodthirsty Citizens Tear Heart From Killer’s Body After Demanding Sheriff Deliver Dead Prisoner to Them. By United Pres s KOUNTZE, Tex., Dec. B.—The body of David Gregory, Negro ex-convict, accused of attacking and murdering a white woman, was burned in the Negro section here today after a blood-thirsty mob tore out the heart and wrangled for hours before tossing the mutilated form on a huge pyre.
Gregory, hunted for the brutal slaying of Mrs. Mellie Williams Brockman, near Kountze, last Saturday, was shot from a church steeple at Voth by officers late yesterday. He died en route to Kountze and a mob blocking the highway demanded the body. For hours the snarling, shouting mob of 400 toyed with the body, slashing and kicking it through the streets. Eager fingers tore the heart from the chest and handled it in ghoulish glee. The hideous form was rolled before the door of Gregory’s mother and she was forced to view it. “You done right, white folk,” she said calmly. Body Tossed on Pyre Hours of argument ensued over disposition of the body. Some wanted to hang it in the Negro section and leave it as grim warning. Another group shouted for a burning. Finally, boxes and debris were piled high in the center of the Negro district and the body tossed on top. After Gregory's body had been disposed of. the mob turned toward the jail and threatened to take two other Negroes, who were accused of aiding the hunted man in evading officers for five days. The idea was dropped, however, and the mob gradually disbanded. • Let Them Have It Sheriff Miles D. Jordan first refused to surrender the body when stopped by the mob between Silsbee and Kountze. However, believing escape with the body was impossible and that serious trouble was impending he acquiesced. “I let them have the body,” Jordan said. “I figured I’d rather give up the body of a dead Negro than shoot a white man.” A shot was fired into the body as it fell to the ground from the sheriff’s car. A log chain was produced and attached to the neck and the march up and down the streets began. One Woman Faints Women and children witnessed the grewsome spectacle as the mob cut and tore at the body. A woman fainted. Others screamed hysterically. Hunt for Gregory began after Mrs. Brockman's body was found in a W'oods near here W'hich had been set fire, officers believed, in an effort to conceal the slaying. She had been shot in the head with a charge from a shotgun. A Negro answering the description of Gregory had been seen in the vicinity a few minutes before carrying a shotgun, officers said in filing the charge of murder against him.
FREE HAIR CUTS ARE FULLER SHOPS’ GIFT TO CLOTHE-A-CHILD’
The “next” call of the barbershop was heard today as Fuller’s Friendly barber shops came to the aid of Clothe-a-Child donors. “We’ll cut the hair of all children dressed bv donors without charge. Here’s hoping your campaign reaches the 500 mark,” said W. P. Fuller, proprietor, as he made his annual tonsorial gift. Harry Pilz of the Lockerbie barber shop offered to cut twenty heads of hair for Clothe-a-Child.
in a speech by Otto P. Deluse, leader in the Eagles lodge in Indiana. Praise for both the national and state administrations was voiced by Mr. Peters, who claimed credit belongs to the triumphant democracy. •'The Democratic party, under the leadership of President Roosevelt, has dissolved the partnership between government and finance,” he said. “It took the lead in breaking the control of the pow£r trust over the natural resources of the country. It inaugurated a recovery program having for its object (^centralization
1,400 Street Car, Bus Workers Join Company in Profit-Sharing Plan Employes Will Receive 25 Per Cent of Total Gross Revenue in Lieu of Hourly Wage Increase, Effective Immediately. A voluntary agreement between officials of the Indianapolis Railways and People Motor Coach Company, whereby more than 1.400 employes entered into a profit-sharing agreement with the company, was announced today. The profit-sharing plan, which is said to be revolutionary in the history of street railway concerns in the city, was adopted in lieu of an hourly wage increase, as a result of NRA regulations.
LINDBERGHS ON WAY TO U, S, Winging Homeward Along Coast of Brazil Toward Para. By United Press RIO DE JANEIRO. Dec. B. Colonel and Mrs. Charles A. Lindbergh, homeward bound, were flying along the Brazilian coast toward Para today. The flying Americans left Natal, j their landing place, after an 1,870- [ mile flight across the South Atlantic, at 8:15 a. m. today (5:15 a. m. Indianapolis time) and headed northward. They were expected to take the usual commercial route homeward to spend Christmas with their 16-months-old son John, whom they had not seen since they left North Haven, Me., last July for the flight that has taken them from the Arcj tic circle to the equator and on | which they have flown the Atlantic ; twice. Para is 1.000 miles from Natal. At : 10:29 a. m. (7:29 Indianapolis time) i the Lindberghs were reported over | Fortazela. They were making such speed that Pan-American Airway officials said they may reach Para within seven or eight hours after their start. THIEF BINDS WOMAN, RANSACKS HER HOME Victim Is Threatened With Knife by Intruder. Surprising a burglar when she returned home at 1 a. m. today, Miss Muriel Hubbell, 27, of 320 North Liberty street, was threatened with a knife wielded by the intruder, and then tied up while the man ransacked the house for more than an hour. Miss Hubbell told police the burglar tied her hands, after placing the knife at her throat, and then was forced into bed while the man searched the house. Telephone wires were clipped. The burglar escaped with sl3 in cash. Miss Hubbell is employed at a local tire factory. OPERATOR SLUGGED BY OIL STATION THIEVES Attendant Sent to City Hospital for Treatment. As he surprised a man stealing oil from a drum at the Gaseteria filling station, Tenth and Dorman streets, Carl Faust was slugged from behind by a partner of the thief last night. Police w r ere told Faust had stooped to close the faucet of the drum when he was attacked. The first thief returned and the two rolled a heavy oil drum on the legs of the attendant, who was lying on the ground, only partly conscious. He was sent to city hospital for treatment.
j of wealth and provision for a saving wage for those who toil. It enacted financial legislation for the protection of the depositing public, j • ‘‘The fight of President Roosevelt and a Democratic congress to return the government to the people has just begun. Despite carping criticism from self-seeking politicians of the opposition party, carefully ‘.aid plans of the national administration go forward without appreciable interruption, i ‘‘There are innumerable evidences that happy days again will be in store for the American public, i "In the program that looks to
Representatives of the general council of the employes, who announced the profit-sharing plan, stated that the agreement is an evidence of good will between employers and workers and will preclude the possibility of threatened strikes. Under the terms of the agreement. effective immediately, em- | ployes of the company will receive ; 25 per cent of the total gross rev- : enue. The wage scale of 49 to 56 | cents an hour for the more than ! 1,400 employes working on an hour|ly basis, will be maintained. Sal- | aried employes and executives are not effected by the plan. Executives Not Included Adoption of the profit-sharing plan was announced today by Arthur Rountree, T. J. Syres, Rudolph Geisler and John W. Staley of the : general council of employes following a meeting yesterday with Charles W. Chase, president of the traction company. The plan effects motormen, conductors, bus drivers, repair and linesmen, and all other permanent workers employed on the hourly basis. “Employes of the Indianapolis Railways and Peoples Motor Coach i Company worked seventy hours a I w'eek before the advent of NRA," j said Mr. Rountree, spokesman for | the group. "Then w T e w'ere reduced I to forty-eight to fifty-four hours a week. I “With tne cuts In nours our earni ing power was reduced. The men agitated for more money. We felt I it our duty to go to the company and ask for an adjustment of hours and wages to permit us to earn a living wage. A petition asking for an increase in pay was filed two months ago. New Equipment Purchased “Several meetings W'ere held and finally at the meeting yesterday ; company officials showed us that ; the buying of a tremendous amount of new equipment—some $2,500,000 worth —was eating up all the earnings. “In a spirit of fairness, the company offered a counter-proposal whereby the employes will share in the future earnings of the company. This seemed fair to us, for statistics of the company show that the installation of new street cars have increased the earning of the company 17 per cent, while the addition of trackless trollies show an increase in earings of 28 to 30 per cent.” According to the present setup of the plan, the. total gross Revenue from all sources shall be deducted as follows: 1. Operating expenses and taxes. 2. Interest on bonds, notes and miscellaneous obligations and dividend on preferred stock. 3. Depreciation. 4. Amount required (which shall not exceed $75,000 in any one month, including depreciation) to provide for payment of principal on account of the purchase of new equipment or other improvements which have been financed over several years and for miscellaneous obligations. Effective Until 1935 5. The company’s share of any expense of any pension retirement plan which may be adopted. Leaving the balance to be apportiohed 25 per cent to employes ! under the profit-sharing plan and 75 per cent to be retained by the company. The first basic unit shall be from Dec. 1, 1933 to and including March 31. 1934, and thereafter each three calendar months. In conclusion, the agreement ! states that the employers and employes that the profit-sharing plan shall form the basis of participation in the increased earnings of the company, effective as of Dec 1, 1933 and until Dec. 31, 1935, and that during that period no change shall be made in the present wage scale or existing bonuses. Times Index Page BLACK HAWK 31 Bridge 8 Broun 22 Classified 28-29 Comics 31 Crossword Puszle 20 Curious World 31 Editorial 22 Financial 30 Hickman Theaters 14 Hunting 16 Radio 20 Sports 26 State News 8 Third Section 8 Pages Woman’s Pages 24-25
that consummation. I would like to have a humble part. I am seeking the Democratic nomination for the United States senate in the hope that I may serve under the superb leadership of our President. a day by day. the new deal unfolds itself to the American people. "A Democratic congress in Washington and a Democratic legislature in Indiana have redeemed every pledge made to the people. The public has been treated to the spectacle of a political party making only those covenants before the campaign starts that it intends to and'does keep when in power.”
Entered as Second-Class Matter at Postoffice, Indianapolis
MASON JURY STILL OUT; INSTRUCTED FOR SECOND TIME Deadlock Must Be Broken, Judge Indicates in Trial of Alleged Slayer of City Police Sergeant. * VOTE 9 TO 3 FOR GUILT, IS HINT Conviction Makes Death Penalty Mandatory; Talesmen Recalled for Rereading After Twenty-one Hours. BY JAMES A. CARVIN’ Timrs Staff Writer NORLESVILLE, Ind., Dec. B.—Jury deliberating the fate of William Mason, accused slayer of Police Sergeant Lester Jones, was recalled to the courtroom at 11 :20 a. m. today, after more than twenty-one hours, and listened to rereading of instructions by Judge Fred E. Hines. In addition, at request of the jurors, Judge Hines gave additional instructions on circumstantial evidence.
Stolen Fun Thief Breaks Into Car; Gets Champagne.
LIFE was just a little merrier today for a thief who last night broke into a car owned by William F. Miller. Evansville, which was parked at Georgia and Illinois streets. Among the loot obtained by the thief from the car was one quart of champagne. Miller reported to police. Also included in the loot was wearing apparel valued at $250.
CITY MEN HONORED BY BRIDGE LEAGUE Joseph Cain. Walter Pray Named Directors. By Times Special CINCINNATI, Dec. 8 —The American Bridge League honored two Indianapolis bridge experts here last night, naming Joseph Cain to the board of directors and re-electing Walter J. Pray to the board. The Sims team, comprised of Philip Hal Sims and B. Jay Becker, paired with Waidemar von Zedtwitz and S. Garton Churchill, took the lead in the first session of the national open contract team of four championships. The team representing the Cincinnati Bridge Club, comprised of Charles A. Hall and R. M. Wildberg. paired with Albert Steiner and Philip Stiner, is in second place. FORMER PREMIER OF JAPAN DIES AT 81 Admiral Count Yamamoto Headed Two Cabinets By United Press TOKIO, Dec. 8.- Count Gombei Yamamoto, former premier of Japan, and credited with being the real founder of the modern Japanese navy, died today at the age of 81. After a distinguished career in the navy, in which he rose to the rank of admiral, he was appointed premier in 1913. His cabinet fell in 1914, and he retired to private life, emerging after the earthquake of 1923 to resume the premiership. BACK BROKEN, CRAWLS HALF MILE FOR HELP Hunter Takes Two Hours to Cover Short Distance. By I nitrd Press BRAZIL, Ind.. Dec. B.—Suffering a broken back received when he fell from a tree while hunting, Millward Boes, 60. crawled half a mile through brush and under fences last night before he could attract help. Because of the intense pain it took him two hours to complete the distance. DOLLAR WEAK ABROAD Closes in London at 55.12 to Pound Sterling. By United Press LONDON, Dec. B—The dollar closed at $5.12 to the pound today. The franc closed at 83 5-16 to the pound. In Paris, the dollar closed -at 16.27, '6.146 cents a franc), slightly weaker than yesterday's closing price of 16.35 (6.116 cents a franc.)
Starting the Season Right FOR the seventh season The Times will serve Indianapolis and Indiana basketball fans, beginning Monday, with complete coverage and fresh gossip of cage doings throughout Hoosierdom, in the popular column "Off the Backboard.” This winter, from Monday until the cage season ends with the state high school tournament at Butler fieldhouse in March. "Off the Backboard” will be conducted by Carlos Lane, assistant sports editor of The Times. For several weeks, since the backboards in hundreds of gyms throughout the state first began to resound with the thump of basketballs. Lane has been looking them over and preparing to dish it out for hardwood fans when the season really got under way. Watch the sports page of The Times Monday and daily thereafter for "Off the Backboard” if you want the latest and most complete dope available on the net giants (and the pygmies, too) in Indiana.
HOME EDITION rRI C E TWO CENTS Outside Marion County. 3 Cents
, At conclusion of the instructions, the jurors were sent out for lunch. | Judge Hines indicated he will require the jury to continue its deliberations until the deadlock is broken. It was rumored the jury stood nine to three in favor of the death j penalty, the three favoring life imprisonment. Under the law, the conviction makes the death penalty mandatory. That more than twenty ballots were taken during the night was indicated when the supply was exhausted and the jury sent out for more paper. Mason, charged with murder in connection with the machine-gun slaying of the Indianapolis police sergeant in the Peoples Motor Coach garage in Indianapolis, Feb. 7, was arrested with other suspects, including Fred Adams, George Swartz, Ernest. 'Red Gibberson and Edward (Foggy) Dean. Adams and Swartz pleaded guilty to second degree murder and accepted life sentences. Mason, given the same opportunity by Marion county authorities, chase to stand trial on a charge of murder during the commission of a i robbery. The death penalty is | mandatory upon conviction. Instructions Are Lengthy Following a lengthy reading of instructions to the jury yesterday, the case was given to the talesmen at 1:55 p. m. In his instructions, Judge Hines told the jurors that if they found that Mason “aided and abetted” in causing the death of Sergeant Jones they must return a verdict of guilty. The judge explained to the talesmen that the fact that the bandits had appeared at the garage, perpetrated a holdup and shot Sergeant Jones was ample proof of a, conspiracy without the necessity of the state showing that the defendants had met before the crime and conspired to kill the police officer. It is not necessary for the state to show which of the bandits fired the shot which killed Sergeant Jones, Judge Hines asserted in his instructions to the jurors. Dean Trial Jan. 10 He warned the talesmen to carefully consider the testimony of Sergeant Arch Ball, ballistic expert of the Indianapolis police department, on the grounds that the “science of ballistics has not been accepted by Indiana courts.’ In his testimony Sergeant Ball said that the automatic pistol found beside Mason in the Erlanger (Ky.) hideout of the gang and a machinegun found buried in a pile of rubbish at the hideout, were the weapons used in the holdup resulting in the death of Sergeant Jones. Edward 'Foggy; Dean will go on trial in Marion county criminal court Jan. 10, Prosecutor Herbert Wilson announced yesterday. Clyde Miller, attorney for Dean, was reported to be seeking a change of judge for the trial of the suspect. COLDER WEATHER DUE TO ARRIVE TONIGHT No Indications of Severe Drop in Temperature. Colder weather tonight and tomorrow was in prospect here, but there are no indications of a severe temperature drop in the next few days, according to forecast of the United States weather bureau. While a cold wave was reported moving out of Alberta and Saskatchewan, Canada, a warm belt this side of it was expected to prevent this section from feeling the sub-zero weather recorded in Canada.