Indianapolis Times, Volume 46, Number 238, Indianapolis, Marion County, 13 February 1935 — Page 1

SCRJPPS - HOV'- KF D

BRUNO'S FATE IN HANDS OF JURORS

MACON PLUNGES INTO SEA; NAVY ORDERS INQUIRY

81 Are Saved in Crash of Air Queen Off Coast of California. 2 CREW MEMBERS LOST Warships Rush to Rescue After Stern of Craft Crumbles. fin I H Pi • MM SAN FRANCISCO, Fob. 13. —A mystery “casualty” which caused the rear rudder of the jrirnt dirigible Macon to “ourst like a paper sack” was blamed this afternoon for the crash and sinking of the airship off the California coast. Two men were Inst and 81 rescued bv the quirk action of nearby shipsThe $2,450,000 airship sent out an SOS at 7:15 'lndianapolis Timet Jast night while cruising off the land acting as an “eye" for the fleet maneuvers. A few hours later the twisted steel of the craft sank 10 miles off point Sur and the crew, showing great calmness, had taken to rubber life boats. In one of the mast masterly maneuvers in naval annals, the warships- searchlights slitting through the dusk—gathered in the lifeboats without loss of a man save one who died on the dirigible and one who leaped to his death as it crashed. Cause of Crash Cnrertain The Macon had been fighting strong winds and the exact cause of the crash remained uncertain pending arrival of Commander Herbert V Wiley and other survivors on warships steaming to San Francisco harbor. It was known only that there was trouble in two gas cells and that the stern “crumbled.” But from H. R. Miller, assistant lighthouse keeper at Point Sur, came a clue to what happened. He said the rudder burst like a sack. “Thp Macon gave a lurch and started nosing down They started to throw ballast overboard and she rode upwards. I could see she was in trouble.” Mr. Miller said His testimony mav explain the “casualty'' which struck the airship. Navv Probes Started Naval officials—hearing that the crash of America's last big dirigible in active service might mean the end of the nation's airship program —gathered here and in Washington for an investigation of the crash. Commander Wiley said the accident occurred “in the stern.” the same part of the airship as that in which Mr. Miller saw the rudder bursting. I thought an elevator control had been carried away.” Commander Wilev reported to naval headquarters here. “We received prompt word that No 1 gas cell under a fin was gone the stem was crumbling, and finally that No. 2 cell was gone. . . . The ship landed astern first with no way no forward motion*. Fall* Backward Into Sea His report made no mention of anv explosions aboard. Mr. Miller said he saw explosion* on the water while the airship stiff was in the air. He thought they were caused bv bombs dropped overboard. Apparently the Macon fell backwards to her grave in 250 fathoms of water. Commander Wiley and 80 of his officers and men were picked up. Chief Radio Operator E. E. Dailey and Florantmo Edquiba. Filipino mess boy. were lost. Commander Wiley's story was the only description of the disaster available at naval headquarters. The survivors are en route to San Francisco on the cruisers wh.ch rescued them. Busses waited at the pier to take them to the Sunnyvale naval air station where their wives, sweethearts and relatives are gathered Admiral Joseph M Reeves, com-mander-in-ehief of the United State* fleet, is expected to appoint an official inquiry board today to investigate the disaster which struck the last and finest of the Navy's l:ghter-than-air ships. Leap* Into Sea. Killed The airship was falling when the commander ordered “general quarters'* sound'd It meant the men were to abandon ship Each strapped on a life belt and took his station. Rubber raft* were thrown into the water. Due to a special ga* they contain, the rafts—abou* six feet long and three feet wide—inflated to become buovant. The men climbed aboard the doughnut-shaped boats w hich held them up until the rescue ships arrived. Mr. Dailey had not waited (Turn to Page Threei

‘TRIAL OF THE CENTURY’ NEARS END—DETAILS AND PHOTOS OF THE HAUPTMANN CASE ARE ON PAGES 8, 9

The Indianapolis Times

H R A W Wl DO OUI #T

VOLUME 46—NUMBER 238

Court to Convene Within Three Days to Probe Dirigible Crash. FUTURE IS UNCERTAIN Lighter-Than-Air Craft May Be Doomed. Capital Reports. By > H>frd Prrt, WASHINGTON, Fob. 13. —The Navy today called a naval court of inquiry to convene within “two or three” lays to investigate the Macon rash and probably decide the fate of future lighter-than-tir dirigibles. The court of inquiry was announced by Rear Admiral Ernpst ,J. King, chief of naval aueronautics. soon after President Roosevelt, high Navv officers and congressional spokesmen had joined in expressions of opinion that appeared to seal the doom of further dirigibles. at least for the present. Claude Swanson, Secretary of the Navy, said the Navy "had not made up its mind” as to future dirigibles, but political out that he had never recommended construction of one since becoming secretary and still had to be convinced j of their practicality. Admiral King said the formal rail for the court to sit would be given Admiral Joseph M. Reeves, com-mander-in-chief ci the United States fleet, probably as soon as the fleet reaches San Francisco. * Survivors to Testify The court is expected to sit aboard one of the ships of the fleet and hear testimony from survivors of the crash. President Roosevelt said he had no thought of asking Congress for funds to replace the Macon and that even if funds were available he would prefer spending the money for 50 long-range scouting planes rather than a dirigible. The Chief Executive expressed his sorrow over the loss of the giant aircraft. His statement was taken to indicate that while the door was not closed to further dirigible experimentation. there was little praspect of it at present. Mr. Roosevelt said that he was making no request to Congress for funds to construct a dirigible for rommereial use as was recommended in the report of the Federal Aviation Commission. The President's attitude was seconded by virtually all House and Senate spokesmen although several felt that fuller reports of the accident should be received before any definite decision. Future I* Uncertain Within the Navy itself, there was known to be a laree amount of sentiment against new large expenditures for lighter-than-air craft. Aomiral King, refused to discuss future naval polio* on dirigibles. “I am not prepared to answer questions of future policy.” he said, “until we know what happened. It is entirely too soon to forecast.” Admiral King's statement followed a secret two-hour conference between Secretary Swanson and officers of the high command to discuss the crash. Great excitement and controversy over the question of abandoning dirigibles was evident in naval circles. Praising Lieut. Commander Wiley, the Macon's skipper. Admiral King said: “It might ha\e been a whole lot worse than it was. Commander Wiley could not have landed the ship and better and the results speak for themselves. The handling of the ship and the discipline of those aboard was almost beyond praise.” Admiral King asserted that regulations require the court of inquiry to consist of three naval officers and an advocate general.

Thomas C. Day, 91, Noted Civic Leader, Dies Here

Thomas C. Day, prominent civic and educational leader of Indianapolis. died today in his home at 3760 N. Pennsylvania-st. He was president of Thomas C. Day A: Cos., a real estate loan and general insurance firm, and was a former president of the local Y. M. C. A. Surviving Mr. Day are two daughters. Mrs J. Ros.s Stevenson. Princeton. N J.. and Mrs. lames F. Simpson Edinburgh. Scotland, and three sons. Dwight H. Day. New York; William E Day. New Haven. Conn, and Fred H. Day, Indianapolis.

Cloudy with rain tonight and tomorrow; not much change in temperature.

The Love \T_ -1 _to Marie Louise, Letters of IN ctpOlGOll His Empress a a a a a a a a a ana With Commentary by CHARLES DE LA RONCIERE, Chief Custodian of the Bibliotheque of France. •

These 318 letters from Napoleon I to Mane Louise cover four years; the two months previous to the arrival of the future empress at Compeigne, Feb-ruary-March, 1810; a short stay in the Nord Department, in February and October, 1811; the Russian Campaign, May to December. 1812; the War with Germany. April to November, 1813; the Campaign in France, February to March. 1814, and the period subsequent to the fall of Paris, April to Aug. 24. 1814, If the immense value of these documents is to be realized, they must be restored to their proper surroundings. It is necessary, also, to be acquainted with the reactions of the empress to these letters of the emperor. Since, with one exception, we are not in possession of her answers, we must needs have recourse to the private correspondence Marie Louise continued with her former friends. nun CHAPTER ONE THE MARRIAGE OF MARIE LOUISE OTRANGE as it may appear, the wife shortly to be repudiated by Napoleon, Josephine herself, was the first to whom it occurred to find someone to take her place with Napoleon. It was at Malmaison, Josephine’s home, that Countess Metternich, wife of the Austrian Chancellor, had the earliest inkling of this plan, of which she promptly informed her husband on Jan. 3. 1810. Josephine had with her at the time her son. Eugene de Beauharnais and her daughter Hortense, Queen of Holland. The mother had broached the subject to her children and the impetuous Eugene had been prompt to translate the idea into action. “You know we are all Austrians at heart,” declared Queen Hortense to Countess Metternich. “But what you would never guess is that my brother was bold enough to suggest to the Emperor that he should ask for your Archduchess.” Developments followed in swift succession. On Jan. 10. the Paris Officially declared null and void the marriage between Napoleon and Josephine. This decision disarmed the opposition of the clergy to a marriage between a divorcee and a Roman Catholic Princess. But would the emperor’s choice fall upon a Roman Catholic princess? There was a diversity of opinion on the subject. A princess royal of England, Chariot te-Augusta? The Russian imperial princess. Anna Pawlowna? The queen of Holland. Hortense. who would previously have divorced her husband? No, it was Josephine’s choice (Turn to Page Four) TIMES COLUMNISTTO •NAME’ CAGE WINNER "Off the Baekboard” to Announce Hi* Choice Tomorrow. Is it Jeffersonville? Noolesville? Lafayette? Logansport? The Hoosier basketball riddle is bigger and more evasive than ever this year. Undefeated teams—dark horses—fast teams—“reputation” teams—all gunning for goals and glory in the big March finale. In tomorrow's Times, Paul Boxell, conductor of Off the Backboard, will diinlge his one solution—with gestures and full details. Keep your eyes open for it —see if you agree! Hourly Temperatures 6 a. m 38 10 a. m 42 7 a. m 38 11 a. m 43 Ba. m 40 12 (noon).. 43 9 a. m S3 1 p. m 44

He was a founder of the WToodstock Country Club and a member of the Commercial Club and the Columbia Club. Mr. Day was an active member of the Education Society of Indiana, an organization which worked for better school laws in the state. Mr Day would have been 91. Feb. 28. During the later years of his life, he became greatly interested in many benevolent and education projects. He was an elder of th* First Presbyterian Church. Funeral arrangements have not been fixed yet.

INDIANAPOLIS, WEDNESDAY, FEBRUARY 13, 1935

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Substitute Sheriffs’ Fee Bill Passes Senate; C. of C. Renews Opposition

Fdilnrial comment of important Wlislation pending In the Indiana General Assembly will be found on Page 14.) The Weiss bill giving the state accounts board control over payments to county sheriffs for feeding prisoners, was adopted in the Senate this morning. 33 to 12, as the Indianapolis Chamber of Commerce renewed its opposition to the measure. The bill was sent to the House of Representatives immediately, where it was immediately sent to committee. Both Houses previously had adopted the Treadway daily-fee bill which, its opponents said, would result in tripling the annual income of the sheriffs of Marion and Lake Counties. Senator Jacob Weiss, Democratic president pro tem. of the Senate, in a brief floor debate, denied that any sheriff in Indiana could make a profit on prisoners’ food under the terms of his bill. Senator Ralph H. Jernegan (R., Mishawaka), who yesterday sought to place a “no-profit” clause in the Weiss bill, raised the question again today. “What is to prevent sheriffs from profiteering if the state board of

TEETHING TIME

Day bv day they’re getting prettier and prettier. And they are none other than the worlds greatest sensation—the Dionne quintuplets. Each and every one of these babies is showing signs of teething You'll see lifelikp photo-por-traits of the quintuplets in The Times tomorrow and Friday. To miss them would be to miss one of ihe rpal treats of your daily reading life. They're growing up and you’ll get a huge kirk out of their antics. WATCH FOR THEM.

The Marriage of Napoleon and Marie Louise

accounts allows them 15 cents a meal and they pay only ten cents for it?" inquired Senator Jernegan. “The law by which the board of accounts demands an accounting of all public expenditures.” Senator Weiss replied. “Any surplus must be returned to the county general fund.” A labor-supported measure requiring the state militia to prevent industrial officials under the rank of superintendent from entering plants involved in strikes, was introduced in the House by Rep. Edward P. Barry )D.. Indianapolis). Another labor measure would require pavment of equal wages to men and women engaged in similar occupations. This bill was presented by Rep. Charlie Lutz )D., Indianapolis) and is said to have the backing of organized labor. Other new House measures in-

OCCASIONAL SHOWERS PREDICTED FOR CITY Indianapolis in Rain Belt Extending to Gulf of Mexico. A widespread rain belt from central Indiana to the Gulf of Mexico brought gentle showers to Indianapolis today. The Weather Bureau predicted that the precipitation would continue fitfully tonight and tomorrow. The hazy atmosphere in Indianapolis is caused by a depression center in Tennessee, Weather Bureau attaches said. Times Index Auto News 10 Bridge 7 Broun 13 Comics 19 Crossword Puzzle 19 Curious World 19 Editorial 14 Financial 15 Hickman—Theaters 11 I Cover the World 13 Piano Lesson 6 Radio 12 Sports 16-17 Woman's Pages 0- 7

Entered as Second-Clan* Matter •••• at Poatoffice, Indianapolis, IndL

eluded a bill to levy a 1 cent a barrel tax on crude petroleum oil. Another House measure would limit fees that might be retained by county recorders to SSOOO a year. By a 68-28 vote, the lower House adopted the Sen ate-approved bill creating the State Planning Board as a permanent state agency. Also approved by the Representatives was the Babcock bill which prevents local governmental units from expending amounts in excess of their annual budgets without state tax commission approval. The Klen-Black measure relieving municipal officials from liability for funds lost through bank failures and requiring municipalities to assume the loss went through the House, 89-2. Adoption of.a House bill to Impose stricter regulations on changes of venue of felony trials was indefinitely postponed.

TODAY’S THE DAY Today the first of Napoleon’s Love Letters to Marie Louise, jealously guarded for 121 years by the descendents of the beautiful young Austrian archduchess who became Napoleon's second Empress. appear FOR THE FIRST TIME in The Times. With the publication of these long lost missives, information long sought by historians will be given to the world. And with them will come anew conception of the brilliant military genius who rose from humble Corsican birth to become the most powerful ruler of his day. Follow these letters daily . . . and the illuminating descriptive comments accompanying them prepared by a leading Napoleonic authority. They begin today ... In THE TIMES

STRONG CHARGE IS DELIVERED BY TRENCHARD Hauptmann May Know His Fate Today? Defense Voices Strong- Objection to Justice’s Instructions; Overruled. STATE’S HOPES BOLSTERED BY JUDGE Prosecutors Jubilant as Panel Retires to Deliberate Case; 3-Hour Mark Passed at 1:15 (Indianapolis Time). By Untied Pre ** FLEMINGTON, N. J., Feb. 13.—At 1:15 p. m. (Indianapolis time) this afternoon the four women and eight men who are considering the fate of Bruno Richard Hauptmann had been locked in the grand jury room three hours. Justice Thomas W. Trenchard just an hour before had ordered Sheriff John H. Curtiss to send food in to them. No inkling of the progress the jury was making came from behind the bolted doors. Under the New Jersey laws, the jurors must be locked

CITIZENS' GAS COSTSBARED Production Expense 30c a 1000 Cubic Feet, Probers Told. F. T. Rastenburg. secretary of the Citizens Gas Cos., today told the legislative committee investigating the gas industry in Marion County that Citizens produces gas for around 30 cents each 1000 cubic feet, and sells it to 85 per cent of its consumers for 95 cents each 1000 cubic feet. He hastened to add that the 30cent production cost did not include costs of distribution, overhead, debt service and depreciation. He told the committee that the trustees, only persons in the company with voting power, serve with no compensation. They are Thomas L. Sullivan, father of former Mayor Reginald H. Sullivan; G. A. Schnurl, Herman A. Lieber. Frank C. Daily and Dr. Carleton B. McCulloch. He said, the directors get “about S2O a month.” They are Reginald H. Sullivan, H. H. Hornbrook. G. A. Efroymson, W. H. Insley, Franklin Vonnegut. Walter B. Harding, J. J. Dissette. C. L. Kirk and Edgar H. Evans. They have no voting power. He said two proposals of natural gas operators to sell natural gas to the company had been turned down. The committee adjourned until 4 when Frank Parish, president of the Missouri-Kansas Pipe Line Corp.. will testify. Atty. Gen. Philip Lutz today invited J. H. Hillman Jr., owner of the Kentucky Natural Gas Corp.. to testify before the committee at his convenience.

DORIS DUKE WEDS; CEREMONY SECRET •Richest Girl’ Is Bride of James Cromwell. TCopyrigh*. 1935. bv United Press) NEW YORK. Feb. 13. Doris Duke, often called “the riches’, girl in the world,” was married secretly today to James H. R. Cromwell, socially prominent New York business man, who has been a close friend for several years. Miss Duke, 22, is heiress to a share estimated at perhaps $40,000,000 of the great $100,000,000 tobacco and utilities fortune of her father, the late James Buchanan Duke. Mr. Cromwell, 38, is the stepson of E. T. Stotesbury, senior partner of the Morgan firm and head of the great Drexel banking house in Philadelphia. ROOSEVELT APPROVES FEDERAL PAY RAISES Restoration of 5 Per cent Wage Cuts Is Granted. By United PreMt WASHINGTON. Feb. 13.—President Roosevelt today signed a joint resolution which restores from April 1 the remaining 5 per cent reduction in the salaries of Federal employes and entailing expenditure of $16,000,000. Auto Contest Is Under Way The third group of photos in the Scrambled Auto contest will be found on Page 11. The contest is sponsored by Indianapolis auto dealers In The Times. Prizes totaling $175 will be given at the conclusion of the contest.

HOME EDITION PRICE THREE CENTS Delivered at Home, 12 Cents Weekly

up until they arrive at a verdict, and some juries have remained out as long as 72 hours. If the verdict is reached in tha middle of the night, Justice Trenchard has the right to say he will not receive it until the regular time for opening of court, at 10 a. m. of th following day. The first indication that a decision has been made will be when the jurymen send a bailiff to the judge, and Justice Trenchard—now remaining in his chambers—comes out to sit on the bench. “Just a Light Lunch” “Just make it a light lunch,” the justice told the sheriff, “sandwiches or something like that—enough to hold them together.” Prosecuting officials were openly jubilant over the charge delivered to the jury by Justice Trenchard. They regarded it as favorable to th state’s theories that Hauptmann constructed the kidnap ladder and used it to commit the “burglary” involved in the abduction of Charles A. Lindbergh Jr. The defense, on the other hand, raised objections to almost every paragraph in the charge, in order to lay grounds for an appeal. Pope Is Incensed Frederick A. Pope, in particular, was incensed over certain of Justice Trenchard's rulings. He argued that the state had failed to prove the kidnaping was accomplished in the manner it charges, that Hauptmann was in the nursery, or that a felony—burglary—had been committed. While the jury deliberated, the court was emptied of all spectators. Newspaper correspondents were permitted to remain in the room. Justice Trenchard, in his charge to the jury, advised them they could return one of three verdicts. They are: 1. Guilty as charged in the indictment. 2. Guilty with a recommendation for life imprisonment. 3. Acquittal. Defense Attacks Charge The jury left the court room at 10:20 (Indiana polls time) w'hile counsel for both sides went into a conference at the judge’s bench. In the course of his charge, Justice Trenchard had ruled: 1. That if Hauptmann entered the Lindbergh nursery by opening the window, it was burglary, and that the resultant death of the child was first degree murder. 2. That it was possible to recommend life imprisonment, if Hauptmann is found guilty, but that the recommendation “must be part of the verdict.” 3. That if there is any reasonable doubt on any important point implicating Hauptmann in the crime, the verdict must be acquittal. The justice cautioned the jury to pay particular attention to the testimony of Dr. John F. (Japsie) Condon regarding the ransom negotiations, and pointed out that his evidence was corroborated by “several other persons whose credibility has not been questioned.” He also called attention to the testimony of A man dus Hochmuth to the effect that he saw Hauptmann on March, 1932, near the Lindbergh home with a ladder in his car, and asked “is it not possible he could have remembered the incident because the child was kidnaped that night?” He mentioned the fact that several of the defense witnesses had been convicted of crime, and said " that fact should be given consideration in determining their credibility. Regarding Hauptmann’s own testimony, he said the jury should disregard the fact that he was an interested party in the case, but that it should also consider his credi(Tum t® Pag® Three)