Indianapolis Times, Volume 45, Number 247, Indianapolis, Marion County, 23 February 1934 — Page 1

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BOARD TURNS ‘ABOUT FACE’ IN 810 BATTLE Second Lowest Offer Taken by Commissioners for Vote Machinery. CITY FIRM GETS WORK Tentative Contract With Elder's Company Illegal, Officials Hint. Forced to back down, by warning that is might be illegal, from their announced intention of awarding contract for voter registration equipment to a higher bidder, county commissioners today did an about [ace and awarded the contract to the second lowest bidder. After a conference of several hours between board members, President Ernest K. Marker issued a formal statement announcing that the board had reconsidered its original plan to give the contract to the Indianapolis Office Furniture Company, of which Bowman Elder, unofficial adviser to Governor Paul V. McNutt, is an official, on its bid of 528.592.20. Instead. Mr. Marker announced, it had been decided that bid of the Indianapolis Printing Company, $24,355, is the “lowest and best bid submitted, and conforms to the specifications on which prnopsals were invited.” The proposal was signed by all three commissioners, Mr. Marker and John W. Mann, who originally voted in favor of the high bidder, and Dow W. Vorhies, who originally favored the Indianapolis Printing Company bid. Ralston Approves Change County Clerk B. Ralston said he was pleased with the final action of the board, and announced that the equipment probably could be installed in time to start registration of voters by March 1 or 2. Registration, under the 1933 law, was to have started Jan. 15. but was delayed by an unsuccessful appeal to the courts. The board’s change today followed protests of county councilmen and other officials that to accept the higher bid would be a waste of public funds, and that the higher bid was illegal because the bidder ahd been permitted to alter its proposal. Threats that he would have “some real stories for the newspapers before this thing is over with.” w’ere made today by Commissioner Marker. Mr. Marker denied that he and Mr. Mann were threatened with jail or prison by Charles B. Clarke, county attorney, for permitting Mr. Elder s company to alter its bid. The commissioner said Mr. Clarke merely said the contract might be illegal because the bid had been altered. Denies Retaliation Threat Mr. Marker denied also that he threatened to retaliate against members of his party who opposed the contract, or to inflict, physical injury on newspaper men. He said he told a reporter for one newspaper that "somebody would get punched in the nose if he continued to print such untrue stories,” and that he referred only to the reporter to whom he was speaking. The bid of Mr. Elder s company was about $9,000 higher than the low bid. which was held to be for equipment not according to specifications. Three other bidders, whose equipment was said by county officials to be r atisfactory. were lower than that of Mr. Elder's company. Mr. Marker denied that he or Mr. Mann sought an opinion on the validity of the tentative contract award from the Indiana attorneygeneral. Re-Election May Be Fought Fabian W. Biemer. chief deputy That the candidacy of Mr. Marker and Mr. Mann for re-election this will be fought by the Cox-Baker-Grossart faction of the Democratic party was indicated followed the squabble. Mr. Mann was selected by the faction leaders for the commissioner post to succeed Thomas H. Ellis, who died several weeks ago. Fabian W. Biemer. chief deputy auditor, is reported to have said he would not allow claims for the contract, and to have commented to Mr. Mann that "we picked you out of a CWA gang for commissioner, and we will send you back to the CWA gang.” Mr. Mann was foreman of a CWA crew when he was named commissioner.

BARGAINS Indianapolis, your opportunity is here. Tomorrow merchants are presenting a great value-giving event. Today the Times has forty pages of the most attractive bargains possible for the merchants to offer. Tomorrow is your opportunity to buy the things you want and need at special prices arranged with merchants whose advertising appears in this issue. Get out your pencil and paper now and make a list of the offerings you need that are advertised today. Plan to come downtown early tomorrow while the •elections are large.

TOMORROW IS TIMES OPPORTUNITY DAY—IN THIS NEWSPAPER TODAY YOU WILL FIND SCORES OF BARGAINS

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VOLUME 45—NUMBER 247*

Two Are Killed, Dozen Injured in Explosion at Yonkers Theater Electrical Workman and Policeman Lose Lives in Blast; Lobby of Building Is Destroyed and Front of Movie House Blown Out. By United Prese YONKERS. N. Y„ Feb. 23 —An explosion followed by fire caused death and injuries in Proctor’s theater on Broadway shortly before noon today. Preliminary estimates of the casualties were two killed and twelve injured. Two alarms of fire were sent out.

Six injured were taken to St. Joseph’s hospital and the ambulance went back for more. The explosion, officials said, occurred in the basement of the i theater, which was not open at the time. Two workmen were repairing an electrical transformer in a vault in front of the basement. One of the workmen was killed, police said. The other dead was a policemaTi. The injured suffered severe burns, indicating that fire had followed the blast. Two of the injured w r ere believed

EXCHANGE ASKS 11. S. CONTROL Federal Regulation Plan Submitted by Stock Market Head. By United Preen WASHINGTON, Feb. 23.—The New York Stock Exchange today capitulated to the theory of rovernmental control of its activities and had before congress its own proposal as to how that regulation should be conducted. The proposal w f as set forth before the house interstate commerce committee yesterday by Richard Whitney, suave but some times irritable head of the exchange. It was submitted after a day in which he challenged the value and described supposed dangers of the stringent bill now’ pending. As an alternative to the congressional bill placing all stock exchanges under the control of the federal trade commission, Mr. Whitney's proposal suggested the creation of a stock exchange coordinating authority compo s e and chiefly of government officials or appointees. The move was regarded as an opening gun in a fight to prevent passage of the Fletcher-Rayburn bill which gives the force of law to exchange regulations and makes violators subject to severe criminal and civil penalties. Ferdinannd Pecora. investigator for the senate banking committee in its sensational inquiry into exchange and banking practices, hailed as “victory” the fact that the exchange was willing to submit to regulation at all. Mr. Whitney made clear that his proposal came from the exchange itself. Historically opposed to governmental intervention in its business. the plan marked the exchange's first offer to accept outside control. Observers saw in the gesture a genuine fear of drastic regulation. The board which the exchange recommends would “include men who had detailed technical knowledge of exchange operations.” GLASS WORKS BLAZE DOES SI,OOO DAMAGE Marietta Company Factory Fire Believed Due to Bad Flue. Damages estimated at SI,OOO were caused by a fire at the Marietta Glass Works Company, 3800 East Sixteenth street, early this morning. Machinery and the roof of the factory were badly damaged. The fire is believed to have been caused by a faulty flue in the power house. A night watchman discovered the blaze and sent in the alarm.

Three Held in Alleged Plot to Kidnap Banker

Union City Official Thwarts Attempt; Police Claim Confessions. A former chauffeur for Governor James P. Goodrich and two other Negroes are in the custody of state police and Randolph county authorities today following the expose of an alleged plot to kidnap Elmer Kerr, wealthy Union City banker. The three Negroes are held at the Randolph county jail at Winchester • on technical charges of conspiracy to commit a robbery. While Nathan Mendenhall. Randolph county prosecutor, said that no formal charges of attempt to commit a kidnaping would be lodged against the trio, state police readily revealed purported contessions in which the Negroes are alleged to have admitted a plot to Kidnap the banker and hold him for ransom. Those arrested are Herscliel Cee. chauffeur for the former Governor; Mrs. Maude Cee. his wife, a domestic employed in the Goodrich home, and John Copeland. Muncie. recently employed on a civil works project. State Policemen Harvey. Hire ana Verne Shields were assigned to the case after Mr. Kerr reported a telephone call from a pay station in Indianapolis. The caller pretended to be Pierre Goodrich, son of the

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Fair tonight; tomorrow probably cloudy; continued cold with lowest temperature tonight 10 to 15 degrees.

to have suffered fatal burns when the sidewalk in front of the theater collapsed. The lobby of the building was destroyed and the front of the theater blown out. At least ten of the injured, it was said, were passing by in front of the theater when the explosion occurred. The dead were motorcycle patrolman Patrick Whalen, who dashed into the theater to investigate the blast, and the electrical workman tentatively identified through papers in his clothes as Carl Gruber.

EDITOR OF MAGAZINE SUCCUMBS AT HOME Harmon Willson Marsh Dies at 73: Burial Tomorrow. Last rites for Harmon Willson Marsh, 73, thirty-five years an Indianapolis resident, who died last night, will be held at 2 tomorrow in the Flanner &Buchanan mortuary. Mt 1 . Marsh was born in Attica, the son of Henry W. and Anna M. Marsh. For twenty years he has been with the S. H. Smith Publishing Comany as editor of Veneers. He was former president of the Adscript Club and for the past few years had been prominent in the Boy Scouts, having been elected to membership on the Boy Scout council. He was a member of the Tabernacle Presbyterian church. The widow and one son, Henry W. Marsh, survive. BUSCH WILL LEAVES ESTATE TO WIDOW Wife of Brewer Asked to Share With Children. By United Press ST. LOUIS, Feb. 23.—'The # entire estate of August A. Busch Sr., multimillionaire brewer who committed suicide last week, was left to his widow, it was revealed when the will was filed in probate court here today. His widow was asked in the will to live on $60,000 a year and turn the remainder of the income from the estate over to his three sons and two daughters. Charities, although mentioned "with regret” in a note to his family. did not share in the estate.

former Governor, and instructed Mr Kerr to meet him at the Goodrich home in Winchester to discuss the affairs of the Commercial Bank and Trust Company of Union City, of which Mr. Kerr is president. The caller pretending to be the son of the banker said that shortage of $5,000 had been discovered in the accounts of the bank and instructed Mr. Kerr to bring that amount of money wtih him to the rendezvous at the Goodrich home. Mr. Kerr became suspicious and notified the police.

NEW AUTO FUEL TO COST ONE-TENTH OF GASOLINE REPORTED

By United Frege ROME, Feb. 23—A reduction in the cost of automobile fuel to one-tenth the price of gasoline by anew chemical process was claimed in an official government communique today. The government, which supervised experiments with a gas generated from charcoal, pronounced the process successful and commercially workable. The gas is generated by chemical reaction when steam, is forced into smouldering charcoal.

Real Estate Boom ‘Goes- Boom—So Does Cop’s Pipe

r T" v HE booming real estate development which Sylvester Sullivan. Negro, planned on the banks of White river, collapsed today like the roseate dreams of the Florida realtors of yesteryear. To be sure. Sullivan started very modestly, when arrested by detectives, his development included only two houses, built, according to the police, from lumber stolen from the Kingan & Cos. plant at Raymond street and Kentucky avenue. But Sullivan, it seems, was industrious and even worked Sundays to plant the squatters’ col-

INDIANAPOLIS, FRIDAY, FEBRUARY 23,1934

WILD OVATION IS GIVEN NEW BELGIUM KING Thousands Hail Leopold as He Takes Oath in Colorful Rites. CANNONS GIVE SALUTE Devotion Promised to His Subjects by GriefStricken Monarch. By United Preee BRUSSELS, Feb. 23 Leopold 111 was proclaimed king of the Belgians today, hailed by clamoring bells, cannon and the wild cheers of hundreds of thousands of his subjects. Princess Astrid of Sweden. Leopold’s consort, became queen of the Belgians—a Protestant queen in this Catholic country. Queen Elizabeth, widow of King Albert, who was buried yesterday, became the queen ‘ mother. Queen Mother Absent Leopold at 11 a. m. in the senate chamber, before the two houses of parliament and an audience of took this simple oath: “I swear to observe the Constitution and the law of the people of Belgium and to maintain the national independence and territorial integrity.” A great cheer broke from those in the chamber and the guns began booming out at brief intervals the 101 gun salute that is his due. Leopold, in his khaki lieutenant general’s uniform, face drawn, looked a moment out toward the legislators and began his first speech to his people. The auditors rose to their feet cheering when he said: ‘The Belgian dynasty is at the service of the nation. The king always will be devoted to the interests of the Belgian people.” Queen Elizabeth, ill and prostrated with grief for King Albert, was not present at the ceremony. The new queen was in deep black, relieved only by a pearl necklace. It was a ceremony that none who saw could forget. But to two in the chamber it was a strange and somewhat amusing procedure. Young Prince Chortles Three-year-old Prince Baudoin, the new crown prince, chortled with joy when the audience cheered and started to play. Queen Astrid lifted him to her knee. Prince Baudoin and his 6-year-old sister, Princess Josephine Charlotte, who was at the queen's side, were dressed in white. The children, left in Switzerland when their father and mother were summoned upon King’ Albert’s death in a mountain fall, had been brought here for today's occasion. Erect and slender on a white horse, escorted by army, navy and air force chieftains and detachments of picked troops, the new king made the traditional joyous entrance into his capital along the route where yesterday King Albert was taken to his tomb in the little chufch of Our Lady of Laeken, near the suburban palace Halts at Father’s Bier Asa fanfare of trumpets signaled the start of the procession, Leopold j jerked his horse's reins and, behind , a detachment of the famous ! mounted guides, moved toward the j city, four miles away. At the church, he checked his horse and turned in his saddle. He bowed deeply toward the church in which his father’s body lay and resumed his ride. His first salute of 101 guns j boomed in announcement to the city that the new king was on his way. Crowds along the four-mile route in turn as the noise reached them began a cheer that dinned in Leopold's ears until he reached parliament. In the city, all the bells in Brussels were clamoring as they had not done since the World war ended. Pledges His Loyalty He went to the Parliament build- ! ing by a roundabout route so that his people could see him There, in this throneless, crownless. sceptreless kingdom, he was escorted to an arm chair draped in the Belgian colors, black, red and gold. Then he began his speech. He started haltingly. With obvious, difficulty he kept his voice firm as he referred at the outset to the great blow he had suffered in his father's death. He promised to follow the example given by his three illustrious pre-; decessors and then made his pledge to devote himself to his people's interests. A wild, spontaneous cheer broke from his audience.

ony on city property with huts of his own manufacture Detectives Charles Downey and Hansford Burk were assigned to investigate a report from Harry P. Doyle of the Kingan company that more than $5,000 worth of material had been stolen since the fertilizer plant was closed some time ago. Clenching his trusty pipe (said to be the oldest and strongest in the police department) between his teeth. Detective Burk spotted Sullivans giant form hunched over a wheel-barrow in which, according to the detectives, was 270 feet of lumber stolen from Kingan’s.

BECOMES BELGIUM'S KING

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Here is a striking study of King Leopold 111, who today became ruler of the Belgians. A hero in the eyes of his countrymen since enlisting in his father’s army at the age 13, the king is well known in the United States, having visited here in 1919.

State Education Survey Board to Be Enlarged

Original Committee to Study Alleged ‘Nonsense Courses’ Too Top-Heavy With “Educationists.’ Upon his own request. Floyd I. McMurray, state superintendent of public instruction, was empowered by the state educational board today to increase the size of the educational survey committee.

ESTATE OF $75,000 IS LEFT BY BANKER Property of Henry Eitel Bequeathed Family. Will of Henry Eitel, vice-presi-dent of the Indiana National bank and director of the Union Trust Company, was filed for probate today. He left an estate of $60,000 personal and $15,000 real property. The income is to be shared by the widow, Mrs. Martha H. Eitel, a son, Edmund H. Eitel, and two daughters, Mrs. Harriet Eitel Wells and Mrs. Elizabeth Eitel Miesse. Mr. Eitel died Sunday. The property was placed In trust funds and bequeathed direct to the Union Trust with the proceeds to be turned over to the widow and three children during their life and to be continued in trust in the event of their death for Mr. Eitel’s grandchildren. RECONSIDERATION OF BONUS BILL DELAYED Immediate .Action on 82,400,000,000 Measure Postponed. By United Press WASHINGTON, - Feb. 23.—The house ways and means committee tentatively decided today against immediate reconsideration of the $2,400,000,000 soldier bonus bill. In making decision the committee removed a major threat to a house vote on the measure March 12, under the petition rule. Hourly Temperatures 6a. m 12 10 a. m 18 7a. m 13 11 a. m 20 Ba. m 14 12 (noon).. 20 9a. m 16 Ip. m 21 Times index Page America Must Choose 3 Bridge 17 Broun 21 Classified 35, 36, 37 Comics 39 Crossword Puzzle 33 Curious World 39 Dickens 27 Editorial 22 Financial 38 Food Section 29, 30. 31 Hickman—Theaters 31 Pegler 21 Radio 26 Sports 32, 33 State News 40 Talburt Cartoon 22 Unknown Blond 39 War Horrors 21 Woman’s Pages 16, 17

AT the squatter colony, Detective Burk held the Negro in the police car. while Downey went to' gaze in wonder at the budding real estate development in the shadow of the Belt railroad bridge. Suddenly the big Negro attempted to escape. He grappled with Detective Burk in the car and succeeded in getting his legs out the window. Detective Downey came on the run. With one of the new rubber slapsticks, recently given the police for just such emergencies, Downey belabored the nether side of Sullivan until he subsided. In court today. Detective Burk

This action was taken Mr. McMurray' admitted that there was some justice in the criticism that the original committee may be topheavy with “educationists.” This term is applied to those who have augmented the educational courses at the four state schools until some of them have been said to be “sheer nonsense.” Chief critic of the “nonsense courses” is Professor Kenneth Williams of Indiana university, who may b emade a member of the augmented committee, according to report. A Butler university professor also may be added to give Indianapolis representation, it was said. Mr. McMurray said he will not name the new members until he returns to his office after next week. He will leave tomorrow for the department of superintendence meeting of the National Educational Association at Cleveland, and rtom there will go to Washington for a national hearing before a house committee on school textbooks. The educational committee is to conduct a complete survey of teaching courses in the two normal schools and the two universities. Their recommendations are expected to result in elimination of non-essentials. VETERAN IS DEAD Civil War Soldier and Indian Fighter Passes in California. By United Preee ELSINORE, Cal.. Feb. 23.—A military funeral will be held tomorrow for Charles E. Chase, said to have been the oldest Civil war veteran. Chase died at his home here yesterday at the age of 109. A native of Rockford, Me., Mr. Chase served with the northern forces in the war and later as an Indian fighter in the west.

Moor, Facing Death for Murder, Gets New Trial

City Teacher, Sentenced in Illinois, Saved by High Court. By Times Special SPRINGFIELD, 111., Feb. 23. Hubert C. Moor, Indianapolis, under death sentence for the murder of his wife, Mrs. Marjorie Moor, Butler university graduate, today was granted anew trial by the Illinois supreme court. Moor, who also attended Butler university, was scheduled to die

told Judge Dewey Myers that his trusty pipe was broken in the scuffle. Lewis Weiland, deputy prosecutor, urged a long term for the Negro, partly based because of alleged past offenses. He was fined a total of $125 and costs and sentenced to 180 days on the state farm. “Say, how old was that pipe?” aaked Mr. Weiland as the judge passed sentence on the Negro. Burk said he couldn’t remember. “It’s at least thirty-five years old,” Detective Downey, officer Burke's partner, volunteered, “and I, for one, am mighty glad it’s gone.”

Entered as Second-Class Matter at Postoffice. Indianapolis

TOUHY, TWO PALS GET 99 YEARS FOR FACTOR KIDNAPING Ruthless Chicago Hoodlum, Henchmen Found Guilty on First Ballot, and Escape Death Penalty by Compromise. POWERFUL GANG EMPIRE SMASHED Vice Overlord Cries After Hearing Speedy, Verdict; Sensational Testimony Is Given by Accused Gangster. By United Preee CHICAGO, Feb. 23.—Roger Touhy, ruthless leader of the “terrible Touhys of the northwest side,” and two of his desperadoes, Gus Schaeffer and Albert Kator, were found guilty today by a jury in criminal court of kidnaping John Factor, wealthy speculator. The jury fixed upon a ninety-nine year term in the state penitentiary as punishment for each of the gangsters. The jury’s verdict was read in a courtroom crowded with spectators and armed guards. The defendants sat in their places, manacled to their guards for the first time since their second trial opened. Burly police blocked every exit lest a rescue attempt occur. The guilty verdict was expected, due to early reports from the jury room. The verdict came at 12:30 a. m.

DEATH CLAIMS MRSJACKLEY Daughter of E. C. Atkins to Be Buried Tomorrow in Crown Hill. Funeral services for Mrs. Thomas R. Kackley, 64, who died last night in the Methodist hospital, will be held at 2:30 tomorrow afternoon at her home, 4511 Broadway. Burial will be in Crown Hill cemetery. Mrs. Kackley had been ill for three weeks. She had been prominent in social and civic work in Indianapolis for many years. She came to Indianapolis with her parents, Mr. and Mrs. Elias C. Atkins, pioneer city industrialist, and was graduated from the Girls Classical school here. She attended the University of Michigan for a year, and then transferred to Bryn Mawr college. where she was graduated. For a number of years she served on the Y. W. C. A. board, and at the time of her death was a member of the Indianapolis Orphans’ Home board. She was a member of the First Baptist church, the Martha Hawkins society of that church, the Needlework Guild, and treasurer of the White Cross Guild. For two years Mrs. Kackley served as president of the Indianapolis Propylaeum, and had been regent of the Cornelia Cole Fairbanks chapter of the D. A. R. She was a member of the Society of Colonial Dames, Indianapolis Dramatic Club. Progressive Club, Indianapolis Woman’s Club, Bryn Mawr Club, Indianapolis Mannerchor. and the John Herron Art Institute. In addition to these affiliations, she was instrumental in organization of the Civic Music Association of Indianapolis. Surviving her are a daughter, Sarah Francis Kackley; a son, Thomas R. Kackley; and a brother, Henry C. Atkins, Indianapolis: two grandchildren, Sally Ann and Frederick Thomas Kackley and two sisters, Mrs. Edward B. Davis, Santa Monica, Cal., and Mrs. Sanford H. Wadhams, Torrington, Conn.

Dec. 22, but the execution was delayed on the petition for rehearing. The supreme court, in granting the new trial, reversed itself because it formerly affairmed the death sentence imposed in the lower court. Moor is the son of Mr. and Mi's. Joseph Moor, 24 South Irvington avenue, and was the daughter of the Rev. and Mrs. Alson Wrentmore, 227 South Ritter avenue. Mr. Wrentmore is pastor of Bethany Christian church. Moor, who has been in the death house at the state penitentiary at Menard. 111., will be taken back to Marshall for the new trial.

ATTACKS RACKETEERS PREYING ON VETERANS Sherman Minton Addresses Legion Post in Logansport. By United Press LOGANSPORT, Ind., Feb. 23. “Professional Racketeers” who profiteer on the government’s program of caring for veterans were criticised and condemned in an address here last night by Sherman Minton, public counselor and candidate for the Democratic nomination for the United States senate. Mr. Minton, an overseas veteran of the World war, addressed a Washington birthday meeting sponsored by the American Legion post here.

HOME EDITION PRICE TWO CENTS Outside Marlon County, 3 Cents

Judge Michael Feinberg and the principals in the case awaited the verdict for six ! hours, most of which time the | jury spent in deliberating I whether to give the defendants the death penalty. Six of the twelve jurors favored death in the electric chair. The ninety-nine-year sentence was said to have been a compromise. The verdict read: “We, the jury, find the defendant, Roger Touhy, guilty in the manner Imd form as charged in the indictment and we fix his punishment at ninety-nine years in the penitentiary.” Similar verdicts were read for Schaefferand Kator. Judge Feinberg thanked the jurors and then said with unusual emphasis. “I trust you will have no occasion to regret doing what you have conceived as your duty.” Roger Touhy and the other defendants failed to catch the verdict. Defense Attorney William Scott Stewart leaned across and repeated it for him. Touhy arose to his feet. Drags Guard to Bullpen The man who rose to overlordship of shooting, bootlegging, hi-jacking, and extortion activities in twenty suburbs and the northwestern part of the city, sobbed and ran for the bullpen dragging his guard with him. In the bullpen he cried for a few minutes and then w'as led to his cell. Schaeffer and Kator maintained the composure which marked the conduct of all three defendants during the trial. Except for the defendants, others in the courtroom expected the guilty finding. Only the punishment was m doubt after 10:30 p. m. At 11:45 p. m. the jury sent the following communication to the judge: “Is ninety-nine years the strongest sentence which can be imposed besides the death penalty? What is the possibility of parole under the above sentence.” Judge Feinberg was not permitted to answer this query by law. First Jury Disagreed The jury's rapid decision contrasted with the result of the first trial of the three gangsters in which a jury disagreement was declared after two days of bickering. L. W. Curtis, jury foreman, revealed that a unanimous guilty verdict was voted on the first ballot. The conviction was seen as the final blow to a gang empire which rose to its full power from the ashes of the A1 Capone reign. Only two of the gunmen, bank robbers and outlaws with which the six Touhy brothers surrounded themselves. remained unaccounted. They were Charles (Ice Wagon) Connors and Ludwig Schmidt, both fugitives There were two sensational days of testimony in the second trial. In one of them the state built up what seemed an impregnable case with the complete confession from the witness stand of Isaac 'Tenessee Ike) Costner, minister's son, who had dabbled in whisky selling enough to get himself into Atlanta penitentiary, and hence into association with hoodlums of bigger caliber. Frameup, Banghart Says In the other, Basil Banghart, gang member, put on the stand by Defense Attorney Stewart, threw the courtroom into an uproar with the statement that the whole affair was a scheme by Factor to avoid extradition to England, where he is charged with a $7,000,000 stock swindle. Costner and Banghart were arrested in Baltimore as the second Touhy trial was about to start. Factor, with state's attorney's police went to Maryland, and identified the pair as among his kidnapers. Costner, he said, was the “god guard,” who had befriended him during captivity. Banghart, he said, was the man who kicked him and had interrupted his prayers with "what’s the use of praying; your life belongs to me.”