Indianapolis Times, Volume 47, Number 186, Indianapolis, Marion County, 14 October 1935 — Page 1

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MOONEY PLEA TURNED DOWN BY HIGH COURT U. S. Supreme Justices Again Refuse to Take i Case From California. STATE HEARING FLAYED Attempting to Exhaust Prisoner’s Funds, His Attorneys Charge. Bp > nitrtt Press WASHINGTON. Oct. 14.—The Supreme Court this afternoon refused again the appeal of Thomas .1 Mooney, that it take his case out of the hands of the California courts, which have been hearing his plea that he was illegally convicted f or participating in the 1916 Preparednes Day parade bombing in San Francisco. The court 's action was understood to indicate only that, it does not intend to interrupt the California proceedings, but the action docs not prevent the Mooney lawyers from appealing from the state court's decision on the direct question of his freedom when decision is finally made. The court, refused without prejudice to hear a similar plea a year ago. In so doing it handed down an opinion sharply critical of California offlicals. The tone of the opinion was such that it caused the attorneys for the famous prisoner to petition for a writ of habeas corpus with the California Supreme Court. Flay California Hearing The higher tribunal had indicated that it, can not consider the Mooney case until every recourse to the state had been made. California proceedings recently were begun before a referee appointed by the state Supreme Court to take testimony. The hearing, reviving again the issues of the trial at which Mooney was convicted, became very bitter. Thomas J. Finnerty and Frank P. Walsh, Mooney’s lawyers, then appealed to the Supreme Court to take the ease itself on the ground the California proceedings were being prolonged for the purpose of exhausting Mooney's funds. HUNTINGTON MAYOR TO RENEW POWER FIGHT Motion for Rehearing of Injunction F.vidence to Be Argued. Bp l aih <l Press HUNTINGTON, Ind.. Oct,. 14. Mayor Clare W. H. Bangs of Huntington is to renew his hostilities with the Northern Indiana Power Cos. tomorrow before Judge David A. Smith in Huntington Circuit Court. Judge Smith will hear arguments on a motion for rehearing of evidence on which the power company was granted a permanent injunction against extension of the city's “toy” electric plant. A denial of a rehearing is to result in an immediate appeal to the State Supreme Court by Mr. Bangs. The power company is to follow’ the same procedure in event of an adverse ruling. 6 OETECTIVES TO TELL OF BURGLARY ATTEMPT Attorney for Ernest Tait May Take Depositions, Judge Rules. Depositions from six Indianapolis detectives who investigated the attempted burglary of the Speedway State Bank, are to be taken this week. John E. Rovse, attorney for Finest Tail, alleged bandit, announced today. The action follows a ruling by Special Criminal Judge James D. Frmston, that the defense has a right to take depositions which, if not, used by the defense, may be used by the state. Mr. Royse sought the ruling when detectives failed to appear W’hen requested to give depositions. SANITARY DEPARTMENT TOLD TO CEASE FIRING Wholesale Discharge of Employes lo End, Board Rules. Abandonment of a policy of wholesale discharge of City Sanitary Department employes was announced today by the Works Board. Thirteen Republicans have been fired within the last few weeks. ‘Hereafter each case will be judged on its merits." Mr. Frick said.

Exclusive — The Dionne Quins WALKING And TALKING in. THE TIM E S Tuesday , Wednesday and Thursday

THE TIMES FREf COOKING SCHOOL OPENS TOMORROW AT KEITH'S—COMPLETE DETAILS ON PAGE EIGHT.

The Indianapolis Times FORECAST: Fair tonight and tomorrow; cooler tonight.

VOLUME 47—NUMBER 186

McNutt ‘Un-American,’ Charges A. F. of L., Censuring Governor for Martial Law Continuance

Protest Registered at Atlantic City Parley of Labor. * Charging that Gov. McNutt is "un-American’’ in his continuance of martial law in Vigo County, the American Federation of Labor, in convention at Atlantic City, this afternoon adopted a resolution censuring him. The resolution declared that Gov. McNutt should be “censured for his un-American and unconstitutional usurpation of power in declaring martial law which, in effect, has put the National Guards in the position of strike-breaking agencies.” The Governor said he had “no comment whatever” to make on the attack. Copy of the resolution is to be sent to the American Legion, of MERCURY TOPS 36-YEAR MARK Temperature Today May Go Even Higher, Drop Is Expected Tonight. Indianapolis today w’as enjoying a continuation of yesterday's balmy weather w'hich, in reaching a high point of 84.1 at 3 p. m., shattered a 36-year record for the day. Yesterday’s high was within three points of the all-time mark for the fall season. Barring clouds, the mercury today may soar above yesterday’s high, it was said. At noon the mercury had leached 73. Indications that today's temperatures may exceed those of yesterday were based on early temperature leadings which were slightly higher than those at the same time yesterday. Warm winds from the Gulf area with a pressure distribution in this section that is “just right,” account j for the warm spell, the weather bu- ! reau reports. Although a drop in temperature is due tonight the change will not be pronounced and topcoats will not be required tomorrow, it was indicated. Normal weather for this time of year is between 67 and 70.

ROBINSONS FREED ON KIDNAPING CHARGES Abductor’s Father, Wife Are Acquitted. Bp I J nil eil Press LOUISVILLE. Ky., Oct. 14.—Department of Justice agents redoubled their search for Thomas H. Robinson, kidnaper of Mrs. Alice Speed Stoll, today, following acquittal of Robinson’s father and w’ife on charges of complicity. A Federal court jury returned a not guilty verdict yesterday under the Lindbergh law. Berry Stoll, who paid $50,000 for the return of his wife, announced that his family believed "justice was not done.” The government’s case was entirely circumstantial. It alleged merely that the elder Robinson had been in touch with his son during the time Mrs. Stoll was a prisoner, but had not. told authorities about it. Mrs. Robinson was accused of helping her husband collect the ransom. The defense said the elder Robinson had offered his services to Federal agents and had been refused. Mrs. Robinson, it said, acted with authorization of the Stoll family and her only part was to aid Mrs. Stoll. Reported Seen Here A suspiciously acting man “with long sideburns” today was identified by a filling station attendant as the long sought Thomas H. Robinson Jr., alleged kidnaper of Mrs. Alice Speed Stoll. Louisville iKy.) society matron. Police were told by L. W. Smith, 1230 N. Keystone-av, attendant at a Texaco station at lOth-st and Be-ville-av, that three men drove into the station early this morning and bought on*' gallon of gas. They were driving a dark blue Buick sedan, he said, and all three acted suspiciously. Mr. Smith said he was sure the member of the trio who wore long sideburns was Robinson.

68-Year-Old Dean of Pickpockets* Out of Circulation —at Least for 180 Days

Edward Charles Smith. 68. St. Louis. America's champion pickpocket, will be out of circulation for the next 180 days—perhaps longer. Smith, who has a 30-year reed'd of 43 convictions in this country and Canada, not to mention occasions when he was arrested on mere suspicion, was sentenced today by Municipal Judge Charles J. * Karaoell and fined SSOO. The alleged dean of light-fingered gentry made the mistake of picking $24 from the pocket of E. T. Evans. 5107 Broadway, while Mr. Evans was looking into a Massachusetts-av store window on Aug. 24.

which Gov. McNutt is a former national commander. Introduced by the Vigo County Central Labor Union, the resolution dealt with the seven-months strike j at the Columbia Enameling and Stamping Cos., at Terre Haute where fresh outbreaks of alleged labor violence occurred today. Several hundred National Guardsmen were ordered to Teire Haute about two months ago by Gov. McNutt when Vigo County union labor joined in a one-day general walkout which brought nearly all business to a standstill. With diminution of violence at the enameling plant, all but a skeleton detail of guardsmen under Maj. Earl Weimar were removed. During the enameling strike, there w’ere a number of the malleable plant employes arrested by the military for violence alleged to have been committed as gestures sympathetic to the enameling employes’ strike. The enameling plant since has been reopened, following deportation of imported plant guards, but a number of striking employes have not returned to work. Bomb Wrecks Home Bp Times Special TERRE HAUTE, Ind., Oct. 14 Another bombing marked labor strife here today, resulting in the injury of Wayne Powers. 17, brother of Charles Powers Jr., employe of the Terre Haute Malleable Manufacturing Cos. The bombing was the third in four days and occurred in the industrial section that has been strike-ridden for several months. The blast at the Powers home tore away the front porch and shattered window glass. Five other persons in the residence escaped injury. The first of the series of bombings tore 60 feet of guttering from

SOVIET AWAITS PROTEST REPLY Russian - Japanese Troop Clashes Are Basis for Complaint. (Copyright, 1935, by United Press) MOSCOW, Oct. 14.—The Soviet government today awaited Japan’s answer to its strenuous protest against recent clashes between Russian and Manchukuoan-Japanese troops on the Siberian-Manchuku-oan border. Moscow has suggested to Japan appointment of a mixed commission to invesigate ihe clashes and also to demarcate the frontier. prhe three clashes occurred on Oct. 6,/ 8. and 12, but details of casualties and the circumstances leading to them were not known today. According to the official Soviet bulletin, an unstated number of soldiers on both sides were killed. Although there have been previous border incidents, this is the first time that any considerable number of troops have been involved. Not Start of War Both the Soviet foreign office and the Japanese embassy here, questioned today, insisted that the incidents should not be regarded as the start of a conflict. The Japanese emphasized that the reported attack on Soviet troops had not been authorized from Tokio, insisting that the matter lay entirely between Moscow and Manchukuo. Both rifle and machine gun fire marked the hostilities, according to the Russian version. HITCH FIGHT IS TO BE TAKEN TO HIGH COURT Defense Attorney to Ask Supreme Judges to Set Bond. The legal fight to free Ralph L. Hitch, former chief deputy sheriff convicted of embezzlement, on an appeal bond, is to be taken to the Indiana Supreme Court, his attorneys said today. Ira M. Holmes, defense attorney, said he would appeal the conviction to the Supreme Court and ask the high tribunal to set the appeal bond. Sheriff Ray took Hitch and two other prisoners to the Indiana State Prison yesterday. Hitch was sentenced to 2 to 21 years and fined SBOOO. the amount he is alleged to have embezzled.

Record of his arrests and convictions, read to Judge Karabell, filled three typewritten pages. Several days after the Evans robbery, Detectives Ed Tutt and James Partain arrested Smith at the Traction Terminal. With him was Paul Short, 43, also said to have a criminal record. Arraigned Saturday, judgment was withheld against Short by Judge Karabell when police were unable to link him to any Indianapolis crimes, but the older man. who had been identified by Mr.

INDIANAPOLIS, MONDAY, OCTOBER 14, 1935

Boy, 17, Hurt in Blast at Terre Haute; Third in Four Days. the roof the Malleable plant early Wednesday. The home of Palmer Shelton. Columbian Enameling and Stamping Cos. employe, was bombed the following day. Union employes at the Columbian plant went on strike in March, precipitating a general strike in Vigo County July 22. A strike was called by union employes at the Malleable plant Aug. 16 to enforce their demands for increased wages and union recognition. Seven alleged pickets have been arrested by military and civil authorities in connection with an attack on workers in the Columbian employment office.

CRASH VICTIM, DYING. ROBBED Edgewood Youth, Fatally Injured in Wreck: SIOO Taken. Marion County's automobile death toll since Jan. 1 stood at 114 today with the death and robbery early this morning of Arthur Vogel, 20, of 1014 Dudley-st, Edgewood. Mr. Vogel, accompanied by Charles Lakey, 17, of 809 Markwoodav, University Heights, was injured fatally when the car

TRAFFIC DEATHS 1934 .138 1935 to Oct. 14 . 114 1934 to Oct. 14 100

hours later in City Hospital. Mr. Lakey said a hitchhiker robbed his injured companion of approximately SIOO while he was telephoning for aid. The auto fatality record rose to 113 yesterday when Glenn Johns, 40, of R. R. 5, Greenfield, was killed instantly a short distance west of the Speedway on the Crwafordsville road. The car containing Mr. Johns and Frank Troy, also of Greenfield, collided head-on with an automobile driven by Clarence E. Roush, Clermont. Mr. Troy was taken to City Hospital with serious injuries. Mr. Roush was injured. Persons injured in other automobile accidents during the weekend include: David Whiteman, Negro, 50. Noblesville,; Mrs. Louise Indo, Pittsburgh; William Vinning, 50. Ft. Wayne: Paul Surrell, 25, and his wife, Mrs. Louise Surrell, 20, Dayton, O.; Miss Clara Kennedy, 3? Veterans Administration Hospital uurse, and Louise Springer, 18, oi 633 S. Lyons-a v.

WELSHANS SOBS AS CONFESSION IS READ Alleged Slayer Weeps in Courtroom. Thomas Welshans. charged with the murder of his sweetheart, Mrs. Mary Hamberg, walkathon contestant, today broke down for the first time since his trial began. As his alleged confession, given to Sheriff Ray after his surrender June 6, w’as read in Criminal Court, Welshans buried his face in his hands and W’ept audibly. “I loved Mary and wanted to marry her,” the confession said. “I went to her home, and she pulled the curtam aside. The next thing I knew I was in the alley with the gun jammed. “I had no intention of killing her. I loved her and I only wanted to talk it out with her.” Previous to the reading of the confession, Paul Ferguson, father of the murdered girl, admitted on cross-examination that he had said that he had SIO,OOO which he would spend to “see justice done.” Welshans is charged with killing the girl in her Speedway City home June 3. when she refused to discuss marrying him, or returning to his home, where she is said to have lived for some time.

Evans, did not fare so well. His turn in court came today. The St. Louis man has been arrested in such widely separated places as Florida and Vancouver in his long career and was last arrested in Salt Lake City in June. Smith’s first recorded conviction was May 21, 1905, when he was given five years in Leavenworth for larceny. Two Negroes jostled A. L. Evans, 822 Dorman-st, as he was leaving a beer tavern at Belmont-av and W. Michigan-st early yesterday and stole his billfold containing SSB.

HAILE REJECTS ITALY’S PEACE BID; AKSUM SURRENDERS TO INVADERS; LEAGUE VOTES TO CUT OFF LOANS

in which they w’ere riding turned over on U. S. Road 31, north of Southport. Both were thrown out, Mr. Lakey receiving only bruises. Mr. Vogel died two

LEAGUE BANS LOANS TO ITALY Financial Measures Given Approval by Geneva’s ‘General Staff.’ Bp l. nited Press GENEVA, Oct. 14,—Six drastic financial penalties against Italy, aimed at the rupture of financial and credit relations by all members of the League of Nations, were adopted by the “general staff’’ of the League penalties committee today. / The penalties were adopted after only brief discussion on recommendation of a financial subcommittee. They are to be followed, according to plan, by a. severe trade boycott designed to cripple if not paralyze Italy’s exports and imports as the next step in the League’s work of punishing Italy for its war on Ethiopia. Thus the immediate plan is in three steps. Step one, an arms embargo, has been voted. The general staff adopted step two today. Next will come step three, the trade boycott. Seven Penalties Recommended A resolution outlining the credit blockade of Italy was drafted for submission to the entire penalties committee of the League—the “big” committee of 52 nations. The “general staff” committee of 18 agreed to meet again to begin at once to prepare economic sanctions, including the interruption of exports from Italy and the stoppage of shipments to Italy of numerous key products. Seven penalties were recommended (Turn to Page Three) WELLS COUNTY TRUSTY SHOOTS SELF IN CHEST \ : Recovery Doubtful. Say Officials at Biuffton Hospital. Bp United. Prrss BLUFFTON. Ind.. Oct. 14.—Leo Mclntire. 24. a trusty at the Wells County jail, is in a serious condition today in a hospital here from a self-inflicted bullet wound in his chest. Mclntire, who was serving a oneyear sentence on a paternity charge, stole Deputy Sheriff Fleming French’s automobile and revolver last night and drove to the home of his parents, Mr. and Mrs. William E. Mclntire. where he fired a bullet into his chest. Hospital attendants expressed little hope for his recovery. THIEVES TRY TOMATO JUICE FOR HANGOVER Help Selves to Eight Cases From Boxcar on Siding. Thieves who may have been suffering from a large hangover stole eight cases of tomato juice valued at 16 today from a string of boxcars on a siding near Dakota and Morris-sts.

THE GAS IS BOUND TO BLOW OUR WAY

Entered a* Second-Class Matter st FostoSice. Indianapolis. Ind.

War Today

ADDIS ABABA —Itay’s offer to end war in return for territorial concessions refused by Haile Selassie. ASMARA Aksum, Ethiopia's “holy city,” surrenders to Italians. GENEVA—League of Nations eommittee drafts financial penalties. WASHINGTON Mildness of League penalties worrying Washington. reports William Philip Simms. BLACK SHIRT. BLACK SKIN, the “story behind the story,” by BOAKE CARTER, is on Second Section, Page 1. Geneva Moves Put U. S. in Difficult Spot BY WILLIAM PHILIP SIMMS Scripps-Howard Foreign Editor WASHINGTON. Occ. 14.—The United States today seemed destined t,o run into snags, despite its expressed desire not to hamper League efforts to head off aggressor nations. Entirely aloof though this country is determined to remain, at almost any cost, from the African imbroglio and its European repercussions, diplomatic circles here are convinced President Roosevelt intends to stand by the spirit of his promise to Geneva of two years ago. The promise was’ made through his Ambassador-at-Large Norman H. Davis. In effect it was that should a collective effoit be made to penalize an outlaw state, America could be counted upon not to interfere, provided the United States concurred in the designation of the aggressor. But that was when the President believed sanctions would proceed in line with Article 16 of the League covenant. If an outlaw state makes war against one member, says Article 16. it shall be deemed to have committed an act of war against all. Whereupon all members of the League are supposed to jump the aggressor. They are pledged not to (Turn to Page Three* PEORIA SEX SLAYER TO DIE IN ELECTRIC CHAIR Gerald Thompson, Killer of Girl, to Be Electrocuted Tomorrow. Bp United Press JOLIET, 111., Oct. 14.—“1t won’t take long, will it?” The question came from Gerald Thompson, 26-year-old Peoria sex slayer as he read his last prayers while preparing for death tomorrow in the electric chair. The pasty-faced machinist who ravished and killed pretty Mildred Hallmark. 19-year-old convent-bred cafeteria hostess, added that he was ready to die.” Last week he joined the Roman Catholic Church.

iAKSUM TAKEN WITHOUT SHOT Holy City Surrenders to Invaders, Making Path Still Easier. BY WEBB MILLER (Copyright. 1935, by United Press) ADUWA. Ethiopia. Oct. 14. (Via. Asmara. Eritreai —Aksum. holy city of Ethiopia, surrendered to Italy to- | day without the firing of a shot. Its priests offered submission to the Italian army on the northern front. No soldiers remained in the an- | cient city, burial place of Ethiopia's i kings and one time capital of the Queen of Sheba. Its surrender, and the surrender of Ras Haile Seiassie Gugsa. governor of Southern Tigre Province ; and other chieftains, opens the way for anew drive southward onto the plateau, probably without resistance. Aksum's surrender was of vast military and sentimental importance to the Italian northern armies. It was a climax—for the present—!to voluntary surrenders of priests and chieftains who foreswore allegiance to Emperor Haile Selassie. Surrender of six more chiefs w r as announced today. Many priests have walked into the Italian lines. Aksum's occupation came after a week of careful preparation. The town was almost surrounded. Lines of communication were built right up to its edge." No shot was fired (Turn to Page Three)

STATION ATTENDANT WOUNDED BY BANDIT Holdup Man Gets $18: Shot Thought Accidental. A nervous-fingered bandit sent John Sneed. 26, filling station attendant at 3445 W. Washington-st. to City Hospital early today with a serious bullet wound in the thigh. Mr. Sneed said the bandit took $18.87 from him and then shot him when he started to leave. The shooting. Mr. Sneed said, apparently was accidental because the bandit “turned white.’’ ordered him into a washroom and fled. Times Index Amusements 4 Books 13 Births, Deaths. 18 Bridge 11 Broun 13 Business News 6 Comics . ]9 Crossword Puzzle 19 Editorial 14 Financial 15 Radio 4 Serial Story 17 Sports 16-17 Woman's Pages 10-11

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Duce Asks Territory for Ending of Battle: *No.’ Says Emperor. NATIVES SWAY RULER Subjects Unable to Believe They Are Facing Certain Defeat. BY EDWARD BEATTIE (Copyright. 1935. by United Press! ADDIS ABABA, Oct. 14.-, Italy has made indirect but definite proposals to Ethiopia to end the war in return for substantial cessions of territory and economic advantages. government spokesmen revealed today. Emperor Haile Selassie's answer was a flat “No.” It was reliably learned today Italy proposed to keep all the territory its invading armies now occupy and wanted additional concessions to give it virtual control of the entire country. The emperor is unwilling at the present time to give up any Ethiopian lands. He is controlled, probably, by the pitiable inability of his subjects to realize that they face almost certain defeat in war with any modern military power. So confident is the populace of Addis Ababa that grinning men and women predict on every street corner that “before many weeks Ras Seyoum will reach the sea and we will be rid of the Italians forever.” Refuse to Believe Italian Victories They have not heard, or refuse indignantly to believe, that the Italians have pushed Ras Seyoum's forces back from Eritrea and have captured Aduwa. Adigrat and Aksum. The proposals for peace came to Addis Ababa through the Ethiopian delegation in Geneva which, in turn, heard them from representatives of several European powers. Officials of the ministries of war j and foreign affairs believed the atJ tempt by Count Luigi Vinci-Gigli-I ucci to resist expulsion from the | country was in expectation that occasion would develop for negotiation of a peace. Ambassador Stays On The government was undecided today whether to allow the ambassador to remain until two Italian consuls arrive from hinterland points or to deport him without ceremony. He is under close “ooservation” in a private house to w’hich he was removed Saturday from his legation. His meals are being furnished by the government, reportedly to prevent “any manufactured incident” such as, possibly, a poison plot. Officials of the highest stations were pitiably uniformed today of developments of the war. Although Italian troops were known to be advancing up the river valleys of the south and intense fighting was reported along the Takkaze River. 40 miles southeast of Aduwa, no department of the government has had reliable reports from the fronts for four days. Diplomats of European powers and officials of the Ethiopian government fear frankly that departure, of Vinci-Gigliucci will bring upon the capital a fleet of Italian bombing planes that could easily make the round trip from either front with full loads. White Men Not Safe The native in the street is utterly unprepared for such catastrophe and actually only half believes in its possibility. “Aduwa.” where Ethiopians massacred Italian forces 39 years ago, still is the exultant war cry of tens of thousands. Hundreds of savage tribesmen who have poured into and through Addis Ababa since the war began have made streets unsafe for white men. Many of them never had seen a white man until they reached the capita!. A majority of them identify all whites as Italians. Newspaper correspondents have been stoned while driving through the streets. Several photographers, using horses to transport their equipment, were yanked roughly to the ground and hauled before tribal chiefs for “judgment” before authorities intervened. SIOOO IN LIQUOR SOLD FOR $450 BY STATE Newcastle Restaurant Operator Is Successful Bidder. Liquors and whiskies, valued at SIOOO. were bought by Joe Shapiro, Newcastle restaurant operator, today in the first liquor auction held by the enforcement division of tne Alcoholic Beverage Commission. Mr. Shapiro's bid of $450 covered high-grade Irish whiskies, brandies and other liquors, which had been seized by state officers. Beauty Dies in Plunge Up f ailed Press NEW ORLEANS. Oct. 14—Clad only in night-clothes, pretty, blond Gladys Rose plunged six floors co her death from a window of the Jung Hotel today.