Indianapolis Times, Volume 45, Number 212, Indianapolis, Marion County, 13 January 1934 — Page 1

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POWER CO. BONDS OVER-CAPITALIZED, MINTON CHARGES Position of Light Firm Branded by Accountants as Unenviable; Commission Statistics Cited. EVIDENCE IS STUDIED BY PROBERS Five-Year Average Shows More Securities Outstanding Than Value of Property, Say Accountants. Times Staff Writer BY BASIL GALLAGHER Charges of alleged overcapitaliation of the issues of bonds and preferred stock of the Indianapolis Power and Light Company were made today during the investigation of the light company by Sherman Minton, public counselor. If the capitalization were cut 75 per cent of its value, according to accountants, the light company would save $750,000 a year.

This assertion was made J today during the investigation of the local utility by j the public service commission and The Times. Hearing of an order to show cause why electric rates in Indianapolis should not be reduced has been set by the public service commission for j Feb 1. Even with thus large reduction, utility experts assert, the light company would be capitalized more heavily than the local water and gas properties. Comparative figures disclose the so-called unenviable capitalized po- j sition of the Indianapolis Power j and Light Company, with the local , gas and water companies. Average Values Listed Following are the average values for the last five years of the proper- j ties of these companies together j with the average amounts of bonds j and preferred stock. The average ] values used have not been subject; to depreciation. The statistics are taken from reports to the public j service commission. Average Average values for am t bonds Aver, j five years and stock pet. | Light Cos. . S39.4C.Wtfi 541.011.418 119.19 Water Cos. 18.135.224 13.1fi1.OfiO 10.28 I Gas Cos. 9,00.1,31 fi fi.119.000 09.14 The above figures reveal that on the five-year average the Indianapolis Power and Light Company had nearly 20 per cent more securities than the value of the property oustanding. Figures Are Cited In contrast, the water and gas companies had only 70.28 per cent and 69.74 per cent, respectively, of their values represented by outstanding securities. The following figures from the reports of the light company to the public service commission show the values of the respective properties at Dec. 31. 1932. with the percentage of securities outstanding at that date. Value Dee. Securities Percentage 31. 1932 outstand'g outstand g Light Cos.. 549.4fi2.895 $52,230,000 105.6,3 Water Cos.. 19.894,513 14.101.300 <2.42 Gas C 0... 9.398.019 fi.119.000 6.>.18 Common stocks outstanding are not included for the reasons that there is alleged to be nothing definite to show that the Utilities Power and Light Corporation, sole stockholder of the Indianapolis Power and Light Company, has cash or equivalent invested in the local company. Issued as “Stock Dividends" The Indianapolis Water Company has $3,000,000 capital common stock of which only $500,000 represents investments. The remaining stock, according to reports to the publife service commission amounting to $4,500,000 was issued as “stock dividends. The Citizens Gas Company has $2,000,000 common stock outstanding, all of which was paid in by stockholders, according to reports to the commission. The market price of securities, according to utility experts, reflects to a large extent the opinion of the investing public of value of property. Following are a comparison of the market prices as of Oct. 12. 1933. BONDS Per- Par Market cent, value price Indpls. Put & L. Cos. 5 199 80 Indpls. Water Cos. 5 190 98 Citiiens Gas Cos 5 100 81 PREFERRED STOCK Per- Par Market cent, value price Indpls Pur. A L Cos. 6*4 100 52 fi'fi 100 46 Indpls Water Cos. .5 100 90 Cltixens Gas Cos 5 100 65 Evidence Is Studied There is no evidence in the possession of the public service commission to show the Utilities Power and Light Corporation paid anything for the $1,060,000 no par stock issued in 600.000 shares at $1.76 plus, per share. However, the stock was authorized for issue by a former public service commission. This amount was outstanding until after the close of 1930, according to investigators for Mr. Minton, when an additional (authorized) 150.000 shares were issued for a sum reported to be $2,455,500. No distribution of any part of the surplus and undivided profits, according to Mr. Minton, was made in the form of a stock dividend at that time or any other time. Reports of the light company to the public service commission on Dec. 31, 1930. show that the surplus balance stood at approximately $1,000,000 and this sum has varied since to $567,003.12 at Dec. 31, 1931, and $766,691.09 at Dec. 31, 1932.

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VOLUME 45—NUMBER 212

SENATE DROPS FORD CO. PROBE Examination of Deals Is Halted Abruptly by Committee. By United Press WASHINGTON, Jan. 13. —Examination of Ford Motor Company tax transactions was halted abruptly by senate investigators today. They explained that the subject was not under their jurisdiction. Witnesses who were subpenaed to I testify about the Ford company’s: practice of converting cash into ; bonds at the end of each tax year were informed they need not ap-! pear. All inquiries received this reply: “It has been decided that this particular tax question does not come within the province of the banking and currency committee. Therefore, the matter will be pursued no further.” The decision came as a surprise. The investigators frankly expressed disappointment in the testimony by Edsel Ford that cash-on-hand held by the company was not subject to Michigan state taxation. In his two-day appearance before the committee, Mr. Ford said his company frequently purchased government securities at the end of a tax year and then converted them back into cash at the start of a new year. He denied suggestions that the transactions were for tax avoidance purposes. NO LAND FOUND BY BYRD IN LONG FLIGHT Aiea North of King Edward Island Frozen Ocean, He Finds. By United Press S. S. JACOB RUPPERT" (En Route to Little America) Jan. 13 <Via Mackay Radio) Admiral Richard E. Byrd, back from his third flight over unexplored territory in the pacific quadrant of Antarctica, announced that apparently no land exists in the ice covered area north of King Edward VII and Marie Bvrd lands. Admiral Byrd flew southward for more than two hours along the 152d west Meridian and then returned. “I saw no land.” he reported, “it is pretty safe to say that no land exists any nearer than the coastal fronts of King Edward VII land and Marie Byrd land. There may be a few long islands, nothing more. It is iust ice-covered ocean.” The flight took Admiral Bvrd within 480 nautical miles of Little America. Woman Is Slightly Hurt As she was crossing Shannon avenue at Tenth street. Mrs. Mary Kiphart. 62. of 618 North Drexel avenue, was struck by a car and injured slightly about the head last night. The car was driven by Bernard Shoemaker. 30, of 1031 Shannon avenue, who took her to her home and called a physician.

RACE TRACK Selections BY TOM NOONE 4 NOONE’S SELECTIONS FOR TODAY Day’s Best—Pat C. Best Longshot—Chiclero. Best Parlay—Our Justice and Chimney Top.

At Jefferson Park — One Best—Don Vern. 1. Mint Drift. Westy’s Fox. Tollie Young. 2. All Hail. Skidmore. The Spaniard. 3. Gypsie Chief. Preferred. Tadcaster. 4 Cursor. Morning Cry, Dessner. 5. Don Vern. Eisenberg. Le Bruyere. 6. Our Justice. Gyro. War Plane. 7. Chiclero, Lazy Mary, Luke ConnelL

The Indianapolis Times Generally fair tonight and tomorrow; slightly colder with lowest temperature about 28.

Records Reveal Wife Pursued Dancer, Says Rudy in Marital Melee

By United Press NEW YORK. Jan. 13.—Intimate conversations between Fay Webb Vallee and Gary Leon, Broadway adagio dancer, recorded by a phonographic device attached to the Vallee telephone, today placed Rudy Vallee, orchestra leader and crooner, ahead in his marital melee with his estranged wife.

The records were cited in the appellate division of the supreme court which upheld his right to seek a divorce outside of New York state. Previously, Mrs. Vallee had appealed the supreme court’s refusal to grant an injunction restraining the crooner from seeking a divorce elsewhere, particularly in Mexico. Her counsel also sought by every legal means to keep her husband’s charges from being made public, it was said. “Not only,” Mr. Vallee said in his affidavit, “was she accumulating money that she received from me ior the purpose of maintaining an illicit love affair, but plaintiff (Mrs. Vallee) told Leon she was ‘stocking up’.” (On clothes.) “Why, It’s Mr. Vallee” According to Mr. Vallee’s affidavit, the following was a conversation “between my wife and Leon, which took place on March 23, 1933. My wife is speaking from my home: “Fay: Hello. “Leon: Hello there, you. “Fay: Hello, darling. “Leon: Listen, do you recognize this? “Fay: (Pause) Yes, I do, no more, no less. That sounds like Mr. Vallee’s program. “Leon: Huh? “Fay: It sounds like Rudy’s program. “Leon: It is. “Fay: Listen, what are you doing tonight? Park “Date” Arranged “Leoif: Well, right now I’m in pajamas and rehearsing like mad. “Fay: Will you be through at 10 o’clock. “Leon: Yes—Why? “Fay: Rudy is leaving at 10 o’clock to go to Philadelphia and I told him I could come to the station. “Leon: All right. “Fay: Listen, we have to be awfully careful. I mean there are a lot of spies watching us. But my chauffeur is my chauffeur, see? So would you get in a taxi and meet me in the park some place and we can ride around in the park? “Leon: Oh, that sounds kind of mysterious. “Fay: I want to see you so badly. It sounds nice, doesn’t it? “Leon: Yes, well—all right.” More Spicy Conversation In another conversation between Mrs. Vallee and the adagio dancer, according to Rudy's deposition, the following was spoken: “Fay: I just got out of the shower. In fact, I am sitting here without any clothes on. “Leon: That must a lovely sight. I’d like to be there. “Fay: Not anything at all! But, yes, I have mules on. “Leon: That doesn’t do me any good. “Fay: I just bought them. They are very pretty-” In the affidavit, Mr. Vallee said: “The plaintiff was not only ready to accede to Leon's desires, but suggested to him the means whereby they could be accomplished.” Sued by Common Law Wife Leon's alleged common law wife, Mrs. Kathleen Smythe Leon, recently brought a SIOO,OOO alienation of affections suit against Mrs. Vallee. Leon denied any illicit relationship and on Dec. 16 last married Marion Mitchell, a theatrical colleague. In his heretofore suppressed affidavit concerning his wife’s alleged relations with Leon. Mr. Vallee asserted: “I charge that these lawsuits (ini stituted by Mrs. Vallee) are brought to coerce the payment from me of sums of money to which my wife is not entitled, and to compel me | to meet unjust exactions on her part. Told Father of Acts “We were married on July 6, 1931. We entered a separation agreement on April 5, 1933.” The affidavit further states that Mr. Vallee asked his wife's father, Clarence Webb, Santa Monica, Cal., police chief, to come to New York at his expense, at which time the singer disclosed his wife's “infidenity wth Gary Leon” and said that under the circumstances “we could no longer live together.” Mrs. Vallee charged in her suit that Rudy gave her SIOO a week on the pretext he was financially embarrassed. An affidavit listing expenditures Mr. Vallee made on his wife during the time they were together includd: Jwlry, $7,110: wearing apparel. $3,600; gowns, $3,500; mink coat, $3,500; emine coat, ) $1,700; bags, $225.

At Tropical Park — One Best—Pat C. 1. Scythe, Pastry. Shuffle On. 2. Chimney Top, Little Corporal. Solid American. 3. Nose In. Haggerson, Caerleon. 4. Golden Fate, Irene's Bob, Black Harmony. 5. Stealingaway, Money, Repaid. 6. Spud, Black Target, Don Guzman 7. Pat C., Darkling, Arab.

INDIANAPOLIS, SATURDAY, JANUARY 13, 1934

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Fay Webb Vallee

CLIMAX NEAR IN CHURCHBATTLE German Revolt Speeding Toward Crisis; Rebels Have Edge. By United Press BERLIN, Jan. 13.—Revolt of Evangelical pastors against efforts to Nazify their religion approached a crisis today, with the revolutionists apparently gaining strength hourly. Regional bishops met here for a conference which was certain to bring the climax of the drawn out battle. Reich Bishop Ludwig Mueller, confidante of Chancellor Adolph Hitler and chief target of critisism by evangelical pastors, showed signs of active nervousness. Only a few days ago threatening to dismiss from the church any pastor who so much as discussed, in a controversial way, his decrees, Bishop Mueller today was understood to have promised the rebels not to enforce the decress of last week, which precipitated open revolt “until the atmosphere was clear." He made this concession in face of the plan of the Pastors’ Emergency League to have its 3,000 members protest against his activities from their pulpits tomorrow. At the same time he was pressed from the other side by the militant Nazi German Christian pastors in the north. They were reported to have told him that they would stick by him only so long as he stuck by his decrees. Both Hitler and President Paul Von Hindenburg are in embarrassing positions. Hindenburg, deeply religious, is understood to be opposed to Bishop Mueller’s methods. Hitler hesitates to intervene openly in a church fight. NEW CHIEF IS NAMED FOR WEATHER BUREAU Retiring Head Entered Service Fifty Years Ago. By United Press WASHINGTON, Jan. 13.—Willis R. Gregg has been appointed chief of the weather bureau in succession to Dr. Charles F. Marvin, who has been chief for twenty years. Dr. Marvin, 77, will be retained in an advisory capacity until he completes fifty years of service. He entered the service in 1884, when the weather bureau was a branch of the army signal corps. Mr. Gregg has headed the areological division for a number of years. He entered the service in 1904. DAHLIA SOCIETY TO HEAR LECTURE SERIES Growers’ Froblems Will Be Round Tabic Topic. Dahlia culture papers will be read at a meeting of the Dahlia Society of Indiana at 2:30 tomorrow in the Washington. Fred Green, Zionsville, will discuss “Dahlia Cutting;’’ Dr. W. E. Kennedy will describe “New Varieties for 1934," and Harry | Kennett will lead a round table discussion of flower growers’ problems. A directors’ luncheon will precede the general meeting. F. T. McCurdy, Kokomo, is president, R. C. Schwartz, secretary’. FACES SENTENCING FOR MANSLAUGHTER | Defendant Convicted of Stabbing Man to Death. Mrs. Mattie Ritter, Negro, 39, of 729 Darnell street, was convicted of | voluntary manslaughter by a ! criminal court jury yesterday in ! connection with the death of Lee Reed, Negro, 34, at the Darnell street address Nov. 19. 1933. Mrs. Ritter is alleged to have stabbed Reed with a butcher knife I following a domestic quarrel. They had been living together as man and wife. Mrs. Ritter will be sentenced to serve two to twenty-one years in the Indiana woman’s prison by Judge Frank F. Baker. She was | charge dwith first and second degree murder.

WINE SELUNG RULES TARGET OF CITY SUIT Legality of Section in Liquor Control Act Is Questioned. PAUL FRY DEFENDANT Provisions Are Unfair, Is Assertion in Court Action. Long-expected attack on the 1933 liquor control act today had materialized, with the filing in circuit court of a suit to test constitutionality of the section relating to issuance of wine vending licenses. The suit, filed by Ralph S. Whittaker, agent for the Houppert Wine Company, through Attorney Laurens L. Henderson, names Paul P. Fry, state excise director, as defendant. It is not an attack on the entire liquor control act, but merely on the sections requiring persons de-. siring to become wine dealers first to hold a beer license. This provision, Mr. Whittaker asserts, is unfair and outside the police powers of the state because it requires a person wishing to deal in wine, also to go in the beer business, whether or not he wishes to do so. He charges the provision is unconstitutional because it is discriminatory, grants to a certain class of citizens privileges denied to others, permits the excise director to exercise functions confined to the legislature, and imposes unfair, unreasonable and confiscatory license fees, expenses and obligations on the plaintiff and others desiring to deal only in vinous beverages. The petition asks the court to pass on validity of the sections of the act referring to alcoholic vinous beverages, and to determine powers of the excise director. Validity of other sections of the liquor control act would not be affected by a ruling that the sections attacked are unconstitutional.

HARRY FENTON'S SON IS THEN BY DEATH 13-Year-Old Lad Dies at Methodist. Daily Fenton, 13, son of Harry C. Fenton, secretary of the Republican state central committee, died in Methodist hospital here last night after a brief illness. The boy was taken ill Thursday, but his condition did not become critical until yesterday, when physicians diagnosed his case as appendicitis. Survivors include his parents and a sister, Martha Lou, 2. CONFIDENCE VOTED IN FRENCH PREMIER Chautemps Downs Royalist Opposition Forces. By United Press PARIS, Jan. 13—Premier Camille Chautemps, fortified by a vote of confidence, enjoyed a respite today from royalist riots and chamber of deputies attacks for alleged cabinet negligence in making possible the frauds perpetrated by Alexander Sacha Stavisky, suicide banker. But the chamber debate will be resumed Tuesday and royalists and many members of the ordinary public remained sufficiently angry to call for police guards at public buildings. The confidence vote, of 360 to 229, killed a right wing proposal for parliamentary inquiry of the Stavisky scandal. Public opinion remained critical of the government, however. DEFEAT ‘OUTSIDER’ IN NEW YORK BRIDGE PLAY Culbertson and His Mates Win to Semi-Fnals. By United Press NEW YORK, Jan. 13.—Four New York teams won their way into the semi-finals of the United States Bridge Association's first annual championship today, eliminating the last of the out-of-town challengers. The Anniston (Ala.) team went down in defeat before Ely Culbertson and his mates, Theodore A. Lightner, Sam Frey Jr., Albert H. Morehead and Alphonse Moyse, a substitute. The favorites for the title, Howard Schenken, Michael Gottleb, David Burnstine and Oswald Jacoby, won over a strong Philadelphia j team. AUTO LAW DRIVE BEGUN Special Deputies Swc m tQ Check All Violations. I. T. Pendry and Bruce Maxwell, motor vehicle inspectors with the public sendee commission, were sworn in as state police today to ! begin an intensive drive on en--1 forcement of all motor vehicle laws, it was announced at the statehouse. State police will aid and the state highway commission has deputized more than 100 employes to check trucks for overweight and oversize violations.

GOES ON TRIAL

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Broken in health, Dr. Alice Wynekoop is brought in a wheel chair to the door of the Chicago court where she is on trial charged with the murder of her daughter-in-law, Rheta. Then she is carried to a chair in the courtroom. Behind her in the picture are Assistant Jailer John Dohmann and a jail hospital officer.

*Suicide Note* Forged, Is Claim of City Expert

Murder Theory Pushed in Death of Woman and Wounding of Man. Mystery of the finding of the body of Mrs. Grace Lackey and the unconscious form of Charles Chapman Wednesday in a. house on Carson avenue, today was deepened with opinion of a handwriting expert that neither printed the note found in the house. Dr. E. R. Wilson, deputy coroner, said the expert’s opinion tended to indicate that the first theory of murder and attempted suicide might be in error, and that a third person had slain Mrs. Lackey and shot Mr. Chapman in the head. Contradicting this latter theory was the statement of Gordon Harris, 426 North Alabama street, Mrs. Lackey’s son, that while Mrs. Lackey had kept company with Mr. Chapman several months, recently she had become afraid of him because of alleged open threats made by him against her life. The handwriting expert, Albert S. Johnson, local banker, said the note was printed in pencil, unusual care being used in forming each letter. He added that the printing did not resemble samples of the writing of either Mrs. Lackey or Mr. Chapman. Investigation was being made also of the finding of bloody finger prints in the basement garage of the house where the tragedy occurred. While Mr. Chapman is reported to have collected about S6O shortly before he went to the house Monday, no money was found on his person. He is in city hospital still in critical condition. Another mystifying angle to the case, said Dr. Wilson, is the fact that a pistol, found under the seat of the car in which \he body of Mrs. Lackey was found, had three cartridges in it and only three exploded shells were found nearby. Mrs. Lackey’s head had been penetrated by two bullets and a third had glanced from her skull. There was no weapon found w’ith which Mr. Chapman might have been wounded. There was a bullet hole in the top of the car, another through Mr. Chapman’s hat, which had blood on the outside, but none on the inside, and three bullet marks on the wall. CHICAGO BANK HEAD TO QUIT U. S. JOBS Cumming Elected Continental Illinois Chairman. By United Press CHICAGO. Jan. 13.—Walter J. Cummings, newly elected chairman of the Continental Illinois National Bank and Trust Company, was en route to Washington today to resign two federal government jobs. Mr. Cummings will give up his chairmanship of the Federation Deposit Insurance Corporation and post as executive assistant to Treasury Secretary Henry Mergenthau Jr. He wil return to Chicago to take over direction of the bank on Feb. 1. At yesterday’s formal election at a stockholders’ meeting, Mr Cummings, together with a slate of twenty-four other directors, received overwhelming support. FAIR WEATHER FOR WEEK-END FORECAST Temperatures Tonight to Be Slightly Lower, Is Report. Fair weather tonight and tomorrow was forecast for Indianapolis, as a storm in the north which brought rain and snow flurries yesterday and early today to this section, passed eastward. Weather bureau officials said temperature would be slightly lower tonight, but no severe temperature change was likely. Fall Proves Fatal Daniel Young. 34. Negro, of 545 Agnes street, died at city hospital early today as result of injuries sustained Wednesday when he fell thirty feet as a scaffolding broke at the C. & G. foundry, Twenty-fifth and Yandes streets.

Entered a* Second Gas* Matter at Postoffice. Indianapolis

DOCTOR’S DEFENSE AIMS TO SUPPRESS HER ‘CONFESSION’ 4 Alice Wynekoop, Alleged Murderer of City Beauty, to Take Stand in Trial Which Starts Monday. JURY LOCKED UP FOR WEEK-END Statement of Killing Obtained Under Duress, to Be Plea of Accused; Rheta’s Father to Testify First. By United Press CHICAGO, Jan. 13.—Suppression of Dr. Alice Lindsay Wynekoop’s “confession” that she killed her daughter-in-law, Rheta, pretty Indianapolis musician, will be the aim of defense counsel at the resumption of the physician’s murder trial next week, Milton Smith, her attorney, announced today. The defense will follow this move by placing the brilliant practitioner on the witness stand to bring reality to her original story of finding Rheta chloroformed and shot to death on her operating table.

FRY REVOKES BEERPERMITS 25 Selling Licenses Are No Longer Good, Says Liquor ‘Czar.’ Twenty-five retail beer permits have been revoked because of bars selling whisky by the drink, it was reported today by Paul Fry, state excise director. Mr. Fry pointed out that he issued a warning that a drive on such violators would start, during the holidays when numerous complaints were received by his office. Better enforcement is expected through wholesaler co-operation, Mr. Fry said. He has asked that they not sell beer to retailers known as violators and thus cut off their supply. HARD GOAL MINERS' STRIKE FEARED NEAR Men 100 Per Cent for Move, Leaders Declare. By United Press WILKES-BARRE, Pa., Jan. 13. Defying the National Labor Board, the United Anthracite Miners of Pennsylvania today planned to call a general strike in the hard coal fields. A declaration by the board that a strike now would be in direct opposition to the government’s recovery program failed to stop preparations for a walkout. Union delegates, gathering for a special convention at 1 o’clock, said sentiment of the men was 100 per cent in favor of a strike. BROKEN RAIL BLAMED FOR DERAILING TRAIN Passengers Escape Serious Injuries as Dixie Flier Leaves Rails. By United Press CHATTANOOGA. Tenn., Jan. 13. —A broken rail was blamed today for the derailment of nine cars of the Dixie Flier, crack C. C. & St. L. passenger train, near here late yesterday. Passengers escaped with only minor injuries. The dining and baggage cars and seven passenger cars derailed after the locomotive and three cars had passed safely over the broken rail. The coaches bumped along several feet over cross-ties and the cars tilted at sharp angles without anyturning over. The train was en route from Nashville to Chattanooga. FISCAL EXPERT NAMED Utah Banker Assumes Task Given Up by Earle Bailie. By United Pres* WASHINGTON, Jan. 13.—Marriner S. Eccles, Ogden <Utah) banker, today succeeded Earle Bailie as the treasury’s fiscal expert with his appointment as assistnat to Secretary Henry Morgenthau Jr. Mr. Eccles is expected to have similar duties as those of Mr. Bailie, who has begun mapping of the government's prospective $10,000,000,000 financing program over the next six months. Woman Killed in Car Crash By United Press TERRE HAUTE. Ind., Jan. 13 Mrs Edith M. Waldrop, Terre Haute, was killed instantly last night when an automobile in which she was riding crashed into a truck on highway 41, south of here. Hourly Temperatures 6 a. m 35 8 a. m 33 7 a. m...., 36 9 a. m,.... 34

Capital EDITION PRICE TWO CENTS Outside Marion County, 3 Cents

Taking advantage of the two-day holiday from court sessions, Dr. Wynekoop secluded herself in the hospital ward of the county jail, gathering her feeble physical strength for the new ordeals. Defense counsel had little fear that their client might not be a match for cross-examiners. Dr. Wynekoop, suffering from arteriosclerosis, found herself weary yesterday at the end of two days’ hearing, at which a jury was selected. A jury of twenty tradesmen and laborers were impaneled. Jurors in the case are under guard for the duration of the trial. They amused themselves over the weekend with desultory card games. Opening Statements Monday Resumption of the trial Monday will bring the opening statement of Assistant State's Attorney Charles S. Dougherty, chief prose- ! cutor, with whom astute defense counsel will match wits. Milton I and W. W. Smith, brothers, will ! conduct defense maneuvers. They will be assisted by Frank Tyrrell. The defense will attempt to have the “confession" suppressed before opening arguments are started. Mr. Dougherty said the state would attempt to prove that Dr. Wynekoop killed Rheta by chloroforming and shooting her. The motive, he charged, was to collect insurance money and rid her son. Earle, of an unwelcome wife. The “confession” was made to police shortly after Rheta died. In it Dr. Wynekoop admitted undertaking an examination of her frail daughter-in-law. An anesthetic killed the girl, the physician said. Defense Case Outlined A bullet was fired into the body after death had occurred, she said. This statement was expected to be an important part of the state’s case. Defense counsel claimed the statement w r as made under duress. The defense will use a group of medical experts to testify that Rheta could not have been killed in the manner the state charges. Testimony will be produced to show that Dr. Wynekoop and Rheta had great affection for each other. The state’s first witness probably will be Burdine Gardner, father of Rheta, an Indianapolis broker, who is expected to establish the fact of Rheta’s death. The defense indicated it would waive an opening statement. . CITY MAN HANGS SELF IN CELLAR OF HOME James Lamb Jr. Finds Parent’s Body Suspended From Rope. James F. Lambs, 60, of 5202 Madison avenue, committed suicide by hanging himself to a rafter in the basement of his home late yesterday. Police were informed by a son, James Lamb Jr., that Mr. Lamb had gone to the basement to fix the fire and that when he remained there a long time, the son investigated and found the body hanging from a clothesline. In the Air Weather conditions at 9 a. m.: Southwest wind, 26 miles an hour, gusty, temperature, 33; barometric pressure, 29.75; general conditions, high overcast, lower broken clouds; ceiling, estimated 890 feet; visibility, twenty miles. Times Index Page Berg Cartoon 6 Bridge 5 Broun 7 Business News 9 Church Services 5 Classified 12 Comics 13 Congress Page 3 Crossword Puzzle 11 Curious World 13 Editorial 6 Financial 14 Hickman-Theaters 7 Lippmann 14 Our Gang—A Series 7 Pegler 7 Radio 11 Sports 10 State News 2 Sunday Sermon 11 Unknown Blond 13 Woman's Pages 4, 5 Due to the illness of William F. Collins, Times Special Writer, his 1 column on conservation dees not appear today.