Indianapolis Times, Volume 47, Number 295, Indianapolis, Marion County, 18 February 1936 — Page 1

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SCHOOLS OF CITY, STATE CLOSED TO SAVE FUEL SUPPLY

City’s Elementary Pupils Freed From Classes at Noon. ZERO TONIGHT FORECAST Day’s Low Is Record for This Late in February, Bureau Says. Hourly Temperatures 11 p. m... 0 7 a. m.... —ll Midnight .—3 Ba. m —ll 1 a. m.... 2a. m.... —fi 10 a. m ... 3 a. m.... 8 11 a. m.... 4 a. m.... 5 a. m.... —lO 1 p. m ... —3 6 a. m.... —ll 1:15 p. m. Recovering after a dizzy 27-degree plunge, the mercury started a slow climb this morning, reaching 2 below at 1:15. It was 11 below zero at 6. a record here for mid-February, as the longest cold wave in the city's history got its second wind. The temperatures will continue to move up this afternoon, but the Weather Bureau forecasts the mercury will hover around zero tonight. Slight relief is predicted for tomorrow. Schools Close at Noon City elementary schools were to close at noon, but high schools were to remain open. Grade school teaches are to remain at their buildings until 3 to care for pupils who brought their lunches, prepared to stay the entire day. Regular schedules will be resumed tomorrow unless further announcement is made, Superintendent Paul C. Stetson said. All municipal buildings are to remain open during the cold wave, Albert H. Losche, City Purchasing Agent, said today. Although downtown buildings use utility heat, the City Hospital, fire stations, park buildings and sanitary department use coal for fuel. The city is protected, Mr. Losche said, by a contract signed Jan. 1 which gives the city precedence over other deliveries. Food for Birds Urged A plea for Boy Scout troops of the city and state to put out food for birds in their communities was issued today by F. O. Belzer, Scout executive. He also asked co-opera-tion of schools in the state to protect bird life. Suburban areas reported a wide range of unofficial temperatures at 7 this morning. Rocky Ripple and Plainfield were the hardest hit, with 18 below recorded on neighborhood thermometers. Unofficial temperature readings at 7 this morning in communities surrounding Indianapolis were Rocky Ripple, —18; Plainfield, —18; Ben Davis, —l4; Broad Ripple, —l4; Warren Central, —l2; Ravenswood, —10; Southport, —11; Speedway City, —9; Acton, —11; New Augusta, —l4; Antrim, —l2; Lawrence, —l2; Clermont, —10; Bridgeport, —10; Mooresville, —11; Oaklandon, —l2, and Beech Grove, —lO. Schools at both Plainfield and Mooresville were closed and snow drifts of from three to four feet (Turn to Page Three) STRIKE-CRIPPLED PLANT DEMANDS POLICE HELP Majority of Men Want to Work, Goodyear Officials Say. By Uniteil Pres* AKRON, O, Feb. 18.—Responsibility for transporting non-striking workers into the picket-besieged Goodyear Tire and Rubber Cos. plant today was delegated to local peace officers by Goodyear officials. The company announced its position after irate tire builders, on strike because 70 of their number wore being laid off, successful!" defied the entire Akron police force to escort non-strikers into the idle plant. • A majority of our men want to work,” the company said in a statement issued after a two-hour conference. “It will be up to the mayor, the sheriff, the Governor and the people who have much at stake to see that they are permitted to work unmolested." Operations at both of Goodyear’s huge plants \,fre at a standstill. HEAVY LOSS REPORTED Italy Claims 5000 Ethiopians Killed in Enderta Battle. Bp Vnitrd Pres* ROME. Feb. 18.—Between 5000 and .6000 Ethiopians were killed and about 10.000 wounded in the battle of the Enderta on the northern Ethiopian front, an official bulletin said today. Italian losses were put at 196 Italians and native Askaris killed and 523 wounded. One bombing airplane was lost in the battle, it was said, and many prisoners were taken. TIMES 'INDEX - Page Amusements 6 Births, Deaths 16 Comics 17 Editorial 12 Financial 13 Merry-Go-Round 11 Mrs. Roosevelt 8 Pegler 11 Radio 2 Serial Story ; 9 Sports 14, 15 Want Ads 16

The Indianapolis Times

VOLUME 47—NUMBER 295

Gradual Shutdown in Rural Institutions Follows Plea. GYMNASIUMS MAY CLOSE None to Be Penalized on Account of Action, McMurray Says. A gradual shutdown of rural schools throughout most of the state was reported today after an appeal from Gov. McNutt and Floyd I. McMurray, Superintendent of Public Instruction, to conserve fuel supplies for homes and industries. Some cities reported fuel supplies were sufficient to permit schools to remain open unless the unprecedented cold wave continues. All schools with an insufficient amount of fuel on hand should close and the vacation should continue until homes and industries can be supplied, state officials urged. Hazardous road conditions contributed to the closings. Many school heads urged that the institutions close now for the spring vacation period instead of waiting for the scheduled date. Cancel Games, McMurray Asks Mr. McMurray urged school officials to cancel basketball games scheduled for this week-end. He said A. L. Trester. I. H. S. A. A. commissioner, concurred in this decision. “Certainly it would be inconsistent to close schools because of a fuel emergency and burn coal to warm a gymnasium for a school activity. Scheduled games cancelled because of fuel shortage may be played at any later date, mid-week or otherwise,” Mr. McMurray said. No Penalties, He Says The state superintendent also announced that no teacher, pupil or bus driver will be penalized because of loss of school time due to the fuel emergency, insofar as state officials are concerned. Mr. McMurray pointed out that teachers are protected from loss of wages under terms of their contracts. In a ruling of the State Accounts Board today, school bus drivers were insured from loss of wages by the emergency. The accounts board issue - the following statement: Wages Will Be Paid “When it can be shown that because of fuel shortage and extreme weather conditions prevalent in Indiana during January and February, it was deemed necessary to close schools in the interest of the health and safety of pupils and employes, the State Accounts Board in examination of school corporation accounts will make no objection to the payment to teachers and bus drivers of their regular wages for time lost.’’ Mr. McMurray suggested that where schools are closed, teachers devise their own means for covering, the prescribed work during the time lost by pupils. “It is extremely important that the emergency he met and that the morale of the entire system be maintained. With favorable weather condition, (he present emergency will pass by the end of the week,” he said. Towns Face Fuel Shortage Many of the smaller cities in the state face serious coal shortages, due partly to the railroad practice of confiscating shipments. The roads reason that smaller cities can more easily create a wood fuel supply than larger cities. Because railroads carry the United States mails they have the prerogative of converting, shipments to their own use. Many difficulties beset miners in Indiana, ranging from frozen water mains and machinery to inability to get to work over icesheeted roads. Some cities in the northern part (Turn to Page Four)

19 LOST FISHERMEN REACH LAND SAFELY Crew Flounders 10 Hours in Heavy Weather. By United Press HAMITON BEACH, N. H.. Feb. 18.—Nineteen fishermen, who abandoned their auxiliary schooner Ingomar when it went aground off Newburyport. Mass., in a heavy fog. waded through the surf to safety here today. Lost in the heavy' weather, they had floundered 10 hours in dories before they found a beach where they could make shore. The other two of the 21-man crew remained aboard the Ingomar and were rescued by Coast Guard cutters. The long search for the missing 19 ended when Surfman Allan F. Hanscom of Hampton Beach Coast Guard station, on beach patrol near Great Boar's head, sighted one of the six dories in which the castaways were trying to reach shore. Hanscom returned to his station, a mile away, and the station’s dory, with three men aboard, put out to guide the Flotilla to safety. Chief Boatswain's Mate Payson F. Myers of the Hampton Beach station said that except for their drenching the fishermen were none the worse for their adventure.

FORECAST—Generally fair tonight and tomorrow; not quite so cold; lowest temperature tonight about zero.

SENATE’S FARM SUBSIDY BILL FACES FIGHT

Substitute Measure May Be Passed by House on Friday. DEBATE LIMIT IS SET Lower Body May Throw Out Rivers-Harbors Provisions. By United Press WASHINGTON Feb. 18. The House Rules Committee today agreed to bring the Administration’s farm subsidy program to the floor or debate tomorrow with passage expected Friday. Chairman Marvin ' Jones (D., Tex.) of the House Agriculture Committee, said that he would fight for. substitution of the House bill in preference to the Senate bill, which was approved last Saturday. Under the rule, the bill will be subject to five hours of general debate and then read for possible amendments. One provision which Jones disliked in the Senate bill was inclusion of rivers and harbors in the soil conservation features of the temporary program. “There is no question under the Supreme Court’s decision outlawing the AAA that we can fashion almost any sort of a farm program based on state co-operation,” Jones said. “But in the temporary features of the program, it is better that we stay in the soil conservation and erosion fields without taking in too much territory.” Jones contended that consideration of the House bill would expedite farm legislation, and enable SENATE VOTES ON NEUTRALITY Proposal for Permanent Program Defeated. Bit United Press WASHINGTON, Feb. 18.—The Senate today rejected a proposal that Congress work out a permanent neutrality program at this session instead of extending the present temporary law until May 1, 1937. The vote was 61 to 16. An amendment by Senator Bennett Champ Clark <D„ Mo.) providing for a three-month extension with the understanding that the time be used to formulate a permanent policy was defeated. He proposed that the extension be until June 1, 1936. Clark's proposal had the support of stringent neutrality advocates, including Chairman Gerald Nye of the Senate Munitions Committee. Nye, hov was absent from the city as the proposal came up and the neutrality debate got under way.

RIOTING CONTINUES THROUGHOUT SPAIN Outbreaks Bring Return of Martial Law. By United Press MADRID. Feb. 18.—Scattered left wing outbreaks continued in Spain today despite the government’s proclamation of an eight-day “state of alarm" to quell rioting growing out of Sunday’s general election. Martial law, which had been lifted in Zaragoza, was proclaimed again when mobs rioted in many parts of the city. One man was killed and seven wounded when civic guards fired on a group which attacked them. Many others were injured slightly in the fighting, which extended from the center of the city to the outskirts. More than 20.000 demonstrated in the center of the city, demanding immediate amnesty. The city was paralyzed by a general strike. Troops with machine guns were stationed at strategic points. Truckloads of storm and civil guards patrolled the city and its environs. OKLAHOMA’S OLD-AGE PENSION STRUCK DOWN State Supreme Court Find Flaws in Way it Reached Electorate. By United Press OKLAHOMA CITY. Feb. 18.— The State Supreme Court today struck down Oklahoma’s most ambitious attempt in social welfare — the S3O-a-month old-age pension amendmen; voted last fall. The court did not pass on the merits of the pension plan, but found flaws in the manner by which it reached the electorate. 4 BIDS TO BE RECEIVED Safety Board to Get Estimates on Three Cars. Truck. Bids on three five-passenger cars to be used by police squads and a light panel truck for the weights and measures department were authorized by the Safety Board today. The board also granted a 30-day leave of absence to Janies Cassadv. fire department repair division. which was recommended by R. A. McKinney, acting chief.

TUESDAY, FEBRUARY 18, 1936

No Kicking By United Press WASHINGTON. Feb. 18Rep. John J. O'Connor <D., N. Y.) apologized in the House today for threatening to kick the Rev. Charles E. Coughlin down Pennsylvania-av, but he renewed in bitter terms his attack upon the priest’s political activities. Striding to the well of the House while a tense and crowded chamber shouted enthusiastically, the chairman of the Rules Committee said he was “not proud” of his “kicking” remarks. But O'Connor spared no words in denouncing Father Coughlin's activities. O’Connor said that he had “never heard” other than that when a clergyman steps into the political rostrum “he lays aside the robes of his office.” He asserted that Father Coughlin is “not a true priest.”

CHARGES TAXI BILL ALTERED Oren Claims Ordinance in Its Final Form Shows Change. Charges that persons outside the City Council had “tampered” with provisions of a proposed taxicab licensing ordinance were being investigated today by public safety committee members. During heated discussion at last night’s session, William A. Oren, councilman, declared an amendment made by the public safety committee was rewritten before the final draft was submitted to the council for final action. “I served on the committee that drafted these amendments. Now 1 find that James E. Deery, Corporation Counsel, has changed one section without our consent,” he asserted. “The committee wasn’t even notified of this move,” Mr. Oren shouted. “I discovered it when a taxicab company representative wanted to discuss the measure with me. Evidently he had obtained a copy of the final draft before I did.” According to Mr. Oren. the committee decided to use Dec. 31, 1934, as the base date to reckon the number of cabs. “We took the number licensed (Turn to Page Five) ZONING BOARD STUDIES FILLING STATION PLEA Onlv Council Can Act on North <• Side Petition, Steeg Says. Members of the Board of Zoning Appeals today attempted to determine whether they have a right to refuse an application for building a filling station at 38th and N. Meridian-sts.’ H. B. Steeg, city engineer, told the board yesterday that it had no legal power to act. He said the question should be presented to the City Council. The Vanderbilt Realty Cos., represented by Roy C. Shaneberger, filed the petition. Objection was raised by Mr. and Mrs. H. B. Marks, owners of a nearby apartment. The board re-elected George T. O'Connor, president; George T. Whelden, vice president, and Val B. McLeay, secretary. PROSECUTOR DEMANDS CONVICTION OF CANN Liggett Suspect Alibi Shattered, He Says in Final Plea. tty United Press MINNEAPOLIS. Feb. 18.—Branding the assassination of Walter Liggett a “dastardly crime.” the state closed its final argument against Isauore Blumenfeld today with a ringing appeal for conviction of the accused slayer. The prosecutor said Blumenfeld's alibi has been shattered. He said there remained “no reasonable doubt” that Blumenfeld was the man who fired the machine gun which sent five fullets into Liggett’s back last Dec. 9. FATHER AND DAUGHTER ARE KILLED BY GAS Five Others Are Overcome in East St. Louis Homes. Bit United Press EAST ST. LOUIS. 111., Feb. 18.— A father and his daughter were asphyxiated and five other persons overcome from “escaping gas” in their homes today. The dead: Frank Singer, 45, and his daughter, Loraine, 16. 7 DIE AS HOME BURNS Kansas Family Killed When Blaze Destroys Frame House. Bp United Press HUTCHINSON, Kas.. Feb. 18.— Frank O. Broyles. 36; his wife Florence, 31, and their five children died today when fire destroyed their three-room frame house.

Grandpa Gable United Prrss HOUSTON, Tex.. Feb. 18. Claric Gable, the screen's roma.rnic conception of dynamic youth, is a grandfather. In a way, that is. His step-daughter. Mrs. T. W, Burke, wife of a Houston doctor, is the mother of a boy bom Feb. 14, It became known today. That, according to those who have figured it out, makes Gable a grandfather of sorts.

STERN OFFICER DEFENDS SELF IN TRIAL HERE Sam Schweitzer Reveals His Association in Florida With Sports Leaders. SAYS HE AIDED CLIENTS Court Told by Defendant His Stock ‘Switches’ Netted Commission. Sam Schweitzer, alleged “financial wizard" of Louis Stern & Cos., testified in Federal Court this afternoon that he had been associated with leading figures in the sports world in a Florida venture. Schweitzer said he constructed a dog track at Orange Park., Fla., and his associates were Col. Jacob Ruppert, New York Yankees’ owner; Walter Hagen, professional golfer; Dave Bancroft, former New York Giants’ shortstop, and Judge Emil Fuchs, former president of the Boston Braves. Defending himself and nine other Stern officers and salesmen against mail fraud charges. Schweitzer testified he gave Miss Emma B. Henry, 2865 N. Illinois-st. who lost SB7OO, his personal note for S4OOO. Promised SIOO Monthly In order that Mrs. Irene Hagerman. 4037 College-av, might have funds to maintain herself after, she had lost in stock deals, Schweitzer testified he promised to pay her SIOO a month. “Did you make any commission every time you switched some securities?" Val Nolan, United States district attorney, asked. "I don’t remember, but I think it was % of 1 per cent,” Schweitzer answered. More than 30 witnesses had testified for the government when its case was closed yesterday afternoon. The case is expected to go to the jury tomorrow. Judge Robert C. Baltzell yesterday dismissed 29 of the 45 counts against the defendants and then ordered a directed verdict of not guilty in the case of James Mintz, office boy for the company. Judge Baltzell refused to order a directed verdict for the other defendants. During arguments of attorneys for the defendants Judge Baltzell said that the testimony against Schweitzer was the “most reprehensible” he could recall as presented in Federal Court during his 12-year term on the bench.

REGISTER AND VOTE, REPUBLICANS URGED Strength Is Needed for Victory, Group Told. The registered voter who is absent from his legal residence and fails to take advantage of the absent voters law is aiding the opposition, Howard P. Travis, Indianapolis attorney, said this afternoon. Speaking at the Hoosier Republicans meeting in the Columbia Club, Mr. Travis said. “If the Republican Party in Indiana is to win at the polls, it is essential that all possible Republican voters cast their ballots in November. "It is estimated by Democratic officials that the Democratic Party will go to the polls on election day with at least 200,000 votes to be cast by state employes and their families, which, of course, means a large head star;, for the Democrats. “Any citizen who has not registered before April 6 is a slacker in this emergency.”

WAR PROBERS HINT AT BIG ARMS GRAFT Brazilian Revolters Called Losers in Deals. By United Press WASHINGTON, Feb. 18.—Senate munitions investigators charged today that a large part of $1,115,000 deposited in New York for arms purchases for Brazilian revolutionists in 1932 passed into the hands of ’‘an association of grafters.” William P. Brown, New York exporter's agent and admittedly the "pay-off” man for the group supposedly aiding the revolutionists, testified that the ‘‘record makes it appear” that some members of the gun-purchasing ring pocketed fat commissions built up through fictitious invoices. On one occasion. Mr. Brown said he paid $49,000 for 109 machine guns which the United Scales Army had sold as junk for $350. “I was disgusted with the whole business.” said Mr. Brown, who admitted he adoDted the alias of ‘‘Harry K. Smith” during the negotiations. MARCH 22 SUGGESTED AS BRUNO DEATH DATE Attorney Gent.al to So Recommend to Judge at Resentencing. (Earlier Detail*, Page 4) By Unitrd Press TRENTON. N. J„ Feb. 18 —Bruno Richard Hauptmann will be resentenced today or tomorrow to die the week of March 22 if Justice Thomas W. Trenchard follows the recommendation of the Attorney General s office, it was learned here today.

Entered ss Second-Class Master at Fostoffiee, Indianapolis. Ind.

PIERCE-JOSEPH VERDICT IN QIiINNETTE SLAYING MAY BE GIVEN TONIGHT

ACQUITTAL DEMANDED FOR DONALD JOSEPH

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Paul Tierce

Borah , Norris See TVA Ruling as Great Victory

Decision of Tribunal Is Received Here With High Praise. Indianapolis persons in public life today were cautious about commenting on the Supreme Court's decision validating the TVA. Out of approximately 50 called by The Indianapolis Timess, only a comparatively small number would express an opinion. Those agreeing with the decision were less reticent about saying so than those who disagreed. Mrs. Clarence Merrell, League of Women Voters —“Nine yea -s ago engineers set out a plan foi development of power and industiies in the Tennessee Valley identical with the plan that has been taking physical shape under TVA. Undoubtedly It was, in the language of Chief Justice Hughes, “adopted in the public interest as distinguished from private or personal ends.” We are gratified by the decision of the court in upholding the law. Its effect in improving social conditions in the Tennessee Valley undoubtedly *will be great. Atty. Gen. Philip Lutz Jr.—l have not read the full text of Chief Justice Hughes’ opinion, but I gather from the newspaper reports that the only question decided was the one before the. court holding valid the right of TVA to purchase the transmission line of the Alabama Power Cos. This carries with it a finding of constitutionality on the right of TVA to sell surplus power. This undoubtedly is a great victory for the government and is a straw which indicates to me the constitutionality of the entire TVA program. This means lower power rates to consumers through the country and especially in Indiana. Fred Bates Johnson, Attorney for Indianapolis Power and Light Co.— I would prefer to read the decision before commenting. Paul C. Wetter, President Indianapolis Federation of Community Civic Clubs—The federation has been a sponsor for municipalities and for the last two years has actively engaged in fostering municipal ownership. We feel the Supreme Court decision is a step in the right direction. James E. Deery. City Corporation Counsel—l am glad to hear that the Supreme Court upheld TVA. By using this project as a yardstick, all (Turn to Page Three) BLAST ROCKS UTICA, N. Y. Gas Explosion Jars Downtown Block; 2 Reported Injured. By United Prrss UTICA. N. Y„ Feb. 18.—An explosion in a gas main rocked a downtown business block today. Manhole covers were thrown high into the air. Two persons were reported injured. Workers in office buildings in the block were ordered to evacuate. Authorities feared leaks in the gas system might cause further explosions. Two fires broke out after the explosion, but damage was reported slight. F. D. R. CALLS MEETING President to Confer With Lending Agencies’ Heads at 2. . By United Press WASHINGTON, Feb. 18.—Heads of government lending agencies were called by President Roosevelt to meet with him today at 2. The meeting was described at the White House as a continuation of discussions that have been held by the President and the lending agencies’ officials. Taxi Driver Rol bed of $5 A passenger held up and robbed Joseph Pettitt, 26, taxi driver, 901 N. New Jersey-st. of 15 and his cab today near Georgia and East-sts. The cab was recovered by police ar 337 S. East-st.

Donald Joseph

Senators View Whole Power Setup Approved by Supreme Court. By United Press WASHINGTON, Feb. 18.-Senate constitutional authorities, including Senator William E. Borah and Senator George W. Norris, today joined New Deal authorities in in i preting the Supreme Court’s TVA decision as giving the go-ahead signal on government plans to utilize water power projects as a course of low-cost electricity. While Administration officials were hailing the court’s TVA ruling as opening the way for other water power propects on a similar basis from coast to coast, Borah presented his interpretation of the decision in which he characterized it as more far-reaching than some observers appeared to believe. Borah said that he felt the decision “broad enough to cover all questions that can legitimately arise in connection with TVA.” “If other dams ceme under the definition of navigable streams,” he declared, “the law would apply t o them.” Norris went further than Borah in his interpretation of the decision. He said that while the decision was confined to Wilson Dam, it settled the question of transmission of electric power and that the same principles could be applied to other dams. The court ruled directly only on constitutionality of the government’s sale of power generated at the Muscle Shoals (Ala.) dam, but Administration leaders saw the decision as removing doubt as to legality of other vast power and irrigation projects which affect national defense and aid navigation. Full Steam Ahead Now With a Supreme Court ruling of that scope and authorization claimed from previous cases, Federal officials said the government is certain of going ahead with its ambitious power plans. Remaining for a probable Supreme Court decision is the question of the Federal government's power to make loans and grants to municipalities for construction of plants to disseminate governmentgenerated power. Several cities already have con(Tura to Page Three)

VETERANS OF CHACO RUlf IN PARAGUAY President Is Refugee After Swift Revolt. By United Press ASUNCION, Paraguay. Feb. 18.— Angry veterans of the Chaco War, charging that they had been betrayed by political leaders, claimed full control of the country today after a swift, efficient revolt against peace terms negotiated by the government and approved by Congress. President Eusebio Ayala was a refugee on a gunboat in the Baraguay River. Revolt leaders announced that he gave them his resignation. Foreign Minister Luis Riart was under arrest, and it was reported that Gen. Jose Felix Estigarribia, who was commander-in-chief of the army in the Chaco War, was held as a precaution. Complete calm was reported throughout the country in Bulletins of the revolutionary chiefs. BANKER’S CASE DELAYED Reinhart Trial Is Continued From Feb. 24 to April 13. Trial of Mark Reinhart, former director of the defunct Washington Bank and Trust Cos., today was continued in Criminal Court from Feb. 24 to April 13. The delay was granted on a motion by Fred C. Gause, attorney. Mr. Gause is taking his wife, who is ill, to California. Reinhart is charged with violation of the bankers’ embezzlement act.

FINAL HOME PRICE THREE CENTS

Acquittal of One Suspect Is Demanded as Case Nears Jury. HAD NO GUN. IS PLEA Suspects Did Not Know Visitors Were Detectives, Lawyer Says. BY JERRY SHERIDAN Timfs Staff Writer GREENFIELD, lnd., Feb. 18.—A plea that Donald Joseph be acquitted and Paul Pierce found guilty of in-* voluntary manslaughter was presented to a Hancock Circuit Court jury this afternoon. The case of the two Indianapolis gunmen charged with the murder of Detective Orville Quinnette in a gun battle Dec. 7 in the Hazel Dell Apartment. Indianapolis, is expected to reach the jury this afternoon. A verdict may come tonight. "If you have reason to believe Pierce shot Quinnette in self-de-fense, return a verdict of involuntary manslaughter. Joseph did not have a gun and should be acquitted.” Defense Attorney William C. Ewing said in his address to the jury. Defense Closes Unexpeetedly Deputy Prosecutors James A. Watson and Henry O. Goett were to make their closing arguments this afternoon. The defense rested its case unexpectedly today after two witnesses failed to appear. Testimony of Detective Russell Chatham, Quinnette’s partner in the raid, was attacked by Mr. Ewing. “What would you do if two unidentified men came to your door with drawn pistols?” he asked the jury. “I’d think Chatham was * soda fountain jerker.” Detectives Aiv Criticised Dramatically holding before the jury the clothing of the slain detective, Mr. Ewing asked. "Where do you see the badge with which Quinnette is supposed to have identified himself?” He charged that Detectives Quinnette and Chatham had not gone to the apartment to arrest Pierce and Joseph, but were “probably loafing around to put in time.” Circuit Judge Arthur VanDuyn pointed out to attorneys during a recess of the jury that the jury could fix a lesser penalty than the indictment called for under anew act. Admitting practically everything contained in their confessions excepting who fired the first shot in the fatal battle at the apartment. Pierce and Joseph spent most of yesterday on the stand. Both charged that Quinnette and Chatham failed to identify themselves as detectives. Joseph, first witness called by the defense, testified in muffled, nearly inaudible tones. He denied that he had a gun and .said he believed Pierce and Quinnette fired simultaneously. In contrast, Pierce answered questions in a loud, unhesitating voice. He told virtually the same story as his pal. Identifying guns placed In evidence, he said of a nickel-plated .38caliber revolver: "The last time I saw this gun was when I shot Detective Quinnette.” MART UP IRREGULARLY IN EARLY AFTERNOON Aviation, Motor, Farm Issues Stand Out in Session. By United Press NEW YORK. Feb. 18—Aviation, motor and farm equipment shares stood out in an irregularly higher stock market early this afternoon. Utilities recovered after an early sinking spell but still were fractions to more than a point under the previous close. Most of the rails were higher with Chesapeake <fc Ohio at anew top at 60 'A up lti. United States Steel was just under its high since 1933 at 61 up a point. INFANT IS FOUND DEAD Baby Suffocates While Sleeping With Mother, Father. A 3-weeks-old baby, sleeping with its mother and father, was found dead this morning. The infant, James Arthur DeWese, son of Mr and Mrs. William DeWese, 1330 Oliver-av, had suffocated, Coroner William Arbuckle reported. TOLEDO U. HIRES SPEARS Deposed Wisconsin Coach to Direct Athletics at Ohio School. By United Prrss TOLEDO, 0.. Feb. 18—Dr. C W. Spears, deposed University of Wisconsin football coach, today became football coach and athletics director at the University of Toledo. Silicosis Investigation Advised By l nited Press WASHINGTON. Feb. 18—The House Labor Committee today unanimously reported a resolution for a nation-wide investigation of the industrial disease known as silicosis.