Indianapolis Times, Volume 48, Number 37, Indianapolis, Marion County, 23 April 1936 — Page 5

'APRIL 23, 1936.

BARTHOLOMEW ROW GOES INTO ‘SECOND ROUND’ Mother of Boy Actor Prepares New Action for Courts. RV THEON WRIGHT ended Pre* staff Correspondent HOLLYWOOD, April 23. The spectacular Bartholomew family row over possession of 12-ycar-old Freddie Bartholomew, child actor and chief wage earner in the fam*Vv, had closed its first round today with a decision standing agaiast the boy’s mother and in favor of his “Aunt Cissie.’’ Firm-jawed Mrs. Lillian Mae Bartholomew, the young actor's mother, was warming up for a second round which her attorneys predicted will “settle this whole business." Judge Harry P Archbald climaxed a brief but sizzling court session by dismissing the mother's effort to gain return of the boy in a petition based on the ground rhe had not had time to resist the petition of Miss Mary Myllicent Bartholomew -—“Aunt Cissie”- when the aunt was given guardianship of the boy last October. The judge held the mother had “ample time'' and dismissed her petition for rehearing on technical legal grounds. Prrparing New Suit Meanwhile. Leonard Meyberg. the mother's lawyer, was preparing a new' suit against Miss Bartholomew basing her claim “solely on the inherent right of a mother to have custody of her son.” Judge Archbald's decision left guardianship temporarily with the aunt, who brought young Freddie to America tw f o years ago and converted his Oxford accent and Sunday School manners into a $1250-a-week income, of which she gets one-third. Tt. followed a bristling rxchange of affidavits and sarcasm, in which both sides of the Bartholomew family hung out their washing—Mrs. Bartholomew ranged against her Mstpr-in-law. father-in-law and finally against her husband. In-Laws Attack Mother The latter, Cecil Llcwllyn Bartholomew. Tuesday, filed an affidavit supporting his wife’s claims, but yesterday cabled from London withdrawing his power of attorney and announcing himself “satisfied” with his sister’s guardianship “subject to her co-operating” with himself. The enigmatic cable added that “criticism of Miss Bartholomew” in the previous affidavit was “based on a misunderstanding which is now removed.” Mrs. Bartholomew, fighting alone after withdrawal of her husband’s support, also was attacked by an affidavit of her husband's parents, Mr. and Mrs. Frederick Bartholomew, who have taken care of young Freddie since he was 3 years old. Showdown Is Expected Both filed affidavits saying the mother “was not a fit and proper person to be guardian of the child.” Under California law the only legal way in which a child can be taken from its mother is by proving her "unfit” to rare for it. The new suit to be filed by the mother is expected to force a showdown on this Issue. Meanwhile. Mrs. Bartholomew further complicated the wrangle by filing a new suit against the aunt, asking for an accounting of Freddies earnings since he became an actor. This suit, oddly enough, was supported by the father. It contended the boy's earnings were "in excess of $50,000” and argued the parents were entitled to the boys’ earnings. Miss Bartholomew was asked to pay Freddie’s wages to them. “Exploitation" Is Charged Miss Bartholomew hersell introduced ati affidavit which said Mrs. Bartholomew' had failed to show’ interest, in the child until he became n success as a high-salaried actor, and charged Mrs. Bartholomew' with conducting the present legal fight for her son as "exploitation and publicity” for a series of signed articles she said Mrs. Bartholomew was preparing for a London paper. Arrangements will be made, the aunt said, for the mother to visit her son “under proper conditions.” Mrs. Bartholomew has not seen or talked with Freddie since she arrived from London a week ago. Meyberg said he would delay fifing additional suits until the mother talked with her son. RELIEF CLIENT JAILED Hoosier Had s4*oo in Cash and Ronds But Accepted Aid. Bj/ United Press EVANSVILLE. Ind., April 23. Charged w r ith receiving government relief while possessing S7OO in cash and S4OOO in bonds. Will Smith, 45. was under sentence of 60 days at the penal farm today. Smith also was fined SSO and costs by Judge John Spencer in Circuit Court, who said the light sentence was given because the defendant had repaid $146.76, the amount receivod m relief. Blessed Relief j From Nerves for Women Over 40 When n woman passes the 40-year mark, creat physical changes begin. Tin so are often so pronounced that her nervous system is completely upset. bringing on frequent attacks of nerves, worry, sleeplessness, emotional upsets, Irritability and needless fear. 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TECH PUPILS WIN 3 OF 20 ART SCHOLARSHIPS OFFERED IN CONTEST

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OBSERVERS SEE GREENLEE FLOP Prediction Based on Return of Minton’s Secretary to Capital. RV DANIEL KIDNEY Time* Special Correspondent WASHINGTON. April 23.—Return here of James Penman, Senator Sherman M.nton’s secretary, is being interpreted as meaning that the gubernatorial candidacy of Pleas Greenlee is weakening. For Mr. Penman w'as not. expected back until after the primary election, if his presence in Indiana could put Greenlee across. Nevertheless, Mr. Penman explained today that he “only intended to stay a couple of weeks” and indicated that he believed it is a “nip and tuck race" for the nomination. He also pointed out that the illness of an assistant secretary, Mrs. Ethel E. Tierney, necessitated his return. Another story is that he was assigned the task of trying to stop the "McHaleism” speeches of Mr. Greenlee, which were distasteful to Senator Minton, who still lists himself along with Gov. McNutt, despite his nominal Greenlee support. WELFARE OFFICIALS TO CONVENE TOMORROW 82 County Boards to Send Delegates to Meeting Here. Representatives of 82 county welfare boards are to meet tomorrow in the Indianapolis Athletic Club with Wayne Coy, state welfare administrator, Mr. Coy said today. The meeting has been called to inform officials on rules and regulations established by the State Welfare Board for administration of the welfare phase of the social security program. v Approximately 45 of the 82 counties in which the welfare boards have been appointed, also have appointed county directors. JUDGMENT IS WITHHELD City Dog Pound Superintendent Explains Her Hurry. Judgment was withheld today in i tie case of Mrs. Elizabeth Conger superintendent of the city dog pound, when she explained to Municipal Judge Dewey E. Myers that she was hurrying to the bedside of a strk friend when arrested for a traffic violation yesterday.

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Three of the 20 art scholarships awarded in the twelfth annual contest sponsored by the Scholastic. high school weekly, w'ere won by Elizabeth S. White (1), Donald E. Carter (2) and Arthur B. Long C3), all Technical High School art department pupils. MUSCLES ATROPHIED, INDIANA BOY, 12, DIES Montpelier Lad Had Been Awaiting Death for Seven Years. Times Special MONTPELIER. Ind., April 23, Funeral services were planned today for Joseph Parks, 12, who died yesterday of a seven-year illness which robbed him gradually of the powei to use his muscles. For the last five years Joseph had been able to move only his head. His ailment was diagnosed as progressive spinal muscular atrophy. Seven years ago the boy began to lose the use of his legs. Later, an arm was afflicted. Then the spinal cord muscles began to disappear. Helpless in bed, Joseph received his school instruction from his mother. His greatest diversion was listening to the radio.

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THE INDIANAPOLIS TIMES

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ARAB-JEWISH RIOT TOLL 28 109 Wounded, of Whom Seven May Not Live, Officails Say. Bu United Press JERUSALEM. April 23.—Eighteen Jews and *LO Arabs have been killed in bloody rioting in Tel-Aviv and Jaffa since Sunday, officials announced today. In addition, 56 Arabs and 53 Jews were wounded. Seven of the wounded Jews may not live. As result of the riots, work of widening and improving Jaffa Harbor was discontinued indefinitely. Police escorts were accorded automobiles in the vicinity of Jenin following a series of attacks, presumably by bandits. Police wounded two attackers. The Arab strike demanding that the government close Palestine t,o Jewish immigration continued without incident.

WOODED AREAS WITHIN INDIANA ARE SURVEYED Visibility From Fire Towers Is Studied; Greater Protection Sought. A survey to aid in the study of providing additional fire protection for Indiana’s wooded areas is in progress now. Virgil M. Simmons, state conservation commissioner, announced today. The survey includes the preparation of detailed maps showing the area visible from each of the fire towers now in operation and is to be the basis of recommendations for the establishment of new towers. Visibility maps already completed for several of the towers, show that the men stationed in them can detect fires for a radius of five to six miles. Indiana’s present chafs of towers provides protection from forest fires for more than two million acres of land, the majority of

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Milk Control Board declaration of a county emergency. The action was taken on petition of Fort Wayne milk dealers and producers, who declared price-cut-ting has made the area market unstable. 15 Mexican Rebels Killed By United Press MEXICO CITY. April 23—Fifteen rebels, including four leaders, were killed in three fights with Federal troops in Jalisco state, en official dispatch from the Jalisco army zone commandant said today.

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Guard at Lincoln’s Bier Dies By United Peess KEWANEE, HI.. April 23.—Alexander Smith, 89, Civil War veteran believed last member of the guard which stood at the bier of Abraham Lincoln in Springfield, died today. (“If it covers the b?Spi ! floorwe have it”