Indianapolis Times, Indianapolis, Marion County, 27 July 1937 — Page 2

PAGE 2

Re

JURY PANELS ALL ILLEGAL, JUDGE INFERS

Frank P. Baker Says Ruling May Disrupt Other Criminal Cases.

(Continued from Page One)

ton indicated last week he intended to resign. Mr. Weiss said he would take no action in the jury tangle until Mr, Edgerton returns from a business trip tomorrow. “I will have something to announce after we have a conference,” he said. Mr ‘Weiss said he did not intend | to resign. | Upon his return to the city today, Mr. Ralston defended the present practice of jury venire selection | here, but said new laws should be; passed by the next Legislature to clarify the procedure.

In answer to the charges of Joel | Baker's defense attorneys that the | names for the special venire were | not taken from the tax duplicates, Mr, Ralston said this was not prac- | tical. He added that the names | were taken from the original tax | rolls, and that the tax duplicat e| names also were copied from these | rolls. He said as he interpreted the | present laws it was up to the dis_cretion of the jury commissioners | whether they included the names | of both real and personal property | owners. This point could stand | clarification by new statutes, he | said.

| 4

“Go to Trial Now”

Delaying the Joel Baker trial brought sharp protests from Prosecutor Herbert M. Spencer. ; “Defense lawyers claim they're interested in going to trial at once— now let's speed it up and hold them | to it,” he said. The Prosecutor said that speed was necessary because Mr. Coy is | due to arrive by. plane tomorrow | morning after a series of flights half | way around the world from Manila,

“How about setting the case for | Aug. 5?” Judge Emmert queried.

“No, judge, we want to go to trial | ties,” he argued.

now. ‘Mr. Coy can stay in America | only a limited time. Whatever jury is summoned, there will be the same | wrangle, so it might as well be a pickup venire,” Mr. Spencer insisted. W. C. Bachelder, attorneys, said:

one of Baker's “There is no use of

fendant just to satisfy cutor’s desire for speed.”

The defense attorney said he understood Circuit Judge Cox would be back from a vacation trip “early this week” to make necessary orders for refilling the jury box with names for a new venire.

a prose-

Prosecutor Interrupts

Prosecutor Spencer interrupted: “I heard from authoritative sources that Judge Cox stated before he left

the city that he would stay where he couldn't be reached. The responsibility for a bad jury venire is not on the prosecutor's office. It's on the shoulders of Judge Cox. “Furthermore, the regular panel of prospective jurors drawn for this term were approved by Clyde C. Karrer when he served as judge pro tem. for Judge Frank P. Baker recently,” the Prosecutor continued. Mr, Karrer, who is now one of Baker's attorneys, protested reference to his actions while on ‘the bench in another case. “That has nothing to do with this case,” the defense attorney said.

Trial Set for Aug. 2

Judge Emmert ended the argument by setting the trial for Aug. 2 In holding the special venire and

regular jury panel illegal, Judge Emmert said evidence during the hearing revealed that names for the jury box were selected from assessors’ books and not from tax duplicates as required by law. “The further fact that only real estate owners were drawn for service to the exclusion of personal property owners also makes the venire bad,” the judge said. Mr. Weiss, earlier testified concerning facts upon which Judge Emmert based his ruling.

Urges Approval

Arguing that the jury should be | approved, Oscar Hagemier, Chief Deputy Prosecutor, cited Indiana Supreme Court rulings which he said upheld juries drawn irregularly so long as the irregularities are not harmful to the defendant. “Nothing about these jury irregularities have been proven harmful or prejudicial to the defendant in this case,’ he argued. Frank A. -Symmes, another de- | fense lawyer, argued that there was

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Infantry Teaches Cadets

wh

U. S. Army Signal Corps Photos,

Youths attending the Citizens’ Military Training Camp at Ft. Benjamin Harrison are being trained in the modern means of warfare by

11th Infantry members. In the upper picture, Boyed J. Gray, W. Va, Private ‘Clarence Samuels, Corp. James Law of the 11th I

Ailliff, Co. H, C. M. T. C, of Ft.

is shown being tutored in machine-gun operation by Co H, 11th Infantry.

nfantry Headquarters Company, is

shown in the lower picture instructing C. M. T. C. blue candidate com-

panies in the use of trench mortar.

law in drawing the venire.’

| by the court, would open the door

Baker, and battery with intent to murder Mr. as soon as Baker's case is finished.

| sistant to Paul Jeopardizing the rights of the de- | Commissioner to the Philippines, is

“no reasonable attempt to follow the “Fhat kind of practice, if upheld wide to all sorts of jury irregulari-

Cancilla Trial to Follow

A. Cancilla, associate of | also charged with assault |

Peter

Coy, is scheduled to go on trial

administrative asV. McNutt, High

Mr. Coy, now

to stay in Indianapolis to testify in

Cancilla'’s trial. Mr. Coy was slugged by Cancilla

in the State House Mar. 1 during |

an argument over passage of the State Welfare Department merit system bill. Baker then was Marion County Welfare Director.

TWO HURT IN "CRASH

Times Special PERU, Ind. July 27.—En route from Detroit to Oklahoma to join

a baseball team, two brothers, J. D.| and Richard Zimmerman of Crosse |

Rapids, Mich, were injured in a

car wreck east of here on Road 24.

| stances, | Fifty-three . fires were reported as | “cause unknown”

INDIANA'S FIRE LOSS FOR PAST YEAR 5 MILLION

$116,000 of Total Blamed On Arsonists, State Marshal Says.

Indiana property owners lost more than $5,101,720 through fires during the last fiscal year, according to State Fire Marshal Clem Smith. Included in the total were losses totaling $116,695 attributed to ‘ncendiary fires, he said.

Property valued In excess of $70,926,500 was involved in fires during the 1986-37 period, according to Mr. Smith's report.

There was a decrease of 666 in the number of fires reported, despite the increase of approximately $564,100 in damages.

54 Due to Arson

Fifty-four fires were attributed directly to arson, Archie McCabe, division director for the State Fire Marshal, reported. The arson division showed a decrease of 10 fires, but an increase of $16,700 in damage, Mr. McCabe said. Arson fires set for revenge account for $86,880 of the total $116,695 loss, the report said. Fires to defraud insurance companies were charged with $22,280, while pyromaniacs caused an estimated loss of $6435, Property Loss Estimated

Property valued at $3,111972 was lost in fires, while building congostts lost were valued at $1,989,50 Fire protection in Indiana costs approximately $5,981,852, according to Mr. Smith. The State Fire Marshal's office spent more than $60,608 during the fiscal year in addition to the cost of county, city and town protection and fire prevention. Twenty-nine arson arrests were made during the: year, the report showed. Juries disagreed on two cases, but 17 convictions were returned. Criminals Set Two

Two fires were set by criminals trying to conceal other crimes, Mr. McCabe said. They caused a loss estimated at $1100. Occupied dwellings accounted for 41 investigated fires, while 21 barns burned under suspicious circumaccording to the report.

after investigation by the arson division. More th 870 witnesses were questioned by the arson’ division during investigations.

"THE WNDIANAPOLIS TIMES

STARS AGT TO SAVE

i

TUESDAY, JULY 27, et

Filling Station New Home for Kitten ‘Quins’

A mother cat and her quintuplet kittens had a new home today-—a gasoline station. They were taken there by Morris Cantor, theater manager, who found them in the seat of his automobile in front of his home at 3155 E. 10th St. Mr. Cantor drove the mother and

her litter around town three or | ff

four hours, wondering what to do with the “family.” Finally, he decided that couldn't go on forever, so he gave them to the filling station attendant,

GRINNING MONTAGUE

Hearing on Fugitive Charge Delayed.

By United Press LOS ANGELES, July 27-John Montague, golfer extraordinary and alleged fugitive from justice today appeared to have stymied temporarily efforts of New York officials to return him for trial on charges of aiding in a robbery seven years ago. Montague, grinning, strode before Municipal Judge Wilbur C. Curtis yesterday and obtained continuance until Aug. 9 of a hearing on ‘a fugi- | tive complaint. The continuance was taken until | an extradition hearing is held before Governor Merriam today or tomorrow. Governor Merriam said his office had been swamped with letters from screen celebrities and others, re- | questing that he deny extradition. Among intercessors Crosby, Bert Wheeler,

\

gles, Humphrey Bogart, Howard |

Hawkes and Frank Craven.

CADET RIFLE TEAM

SELECTIONS MADE |

Rifle firing was to continue at Ft. Benjamin Harrison today to choose a Citizens Military Training Corps team to compete in the national matches at Camp Perry, O,, Aug. 19.

were Bing | Charley | Chase, Spencer Tracy, Wesley Rug- |

Ten men were selected tentatively yesterday. and two alternates are to be named. | Maj. Merle L. Broderick is in charge | of today's eliminations. Boxing and wrestling finals are to | be held in the arena at 7 p. m. to- | day and amateur boxing is sched- | uled for Thursday night. The Over- | seas League is to present a program |

Te battle is on_Erl Roman,

famous sportsman, vs. 600 lbs. of

savage, fighting blue marlin!

AQUAPLANE EXPERT. Miss Gloria Wheeden is a typical American outdoor girl. “Yes, I smoke,” she says. “Like all my crowd, I enjoy Camels — especially at mealtimes. 1 give my appetite full rein — smoke Camels — and ‘enjoy a sense of well-being.”

“WHEN I'M TIRED after a match or need extra energy, Camels give me an invigorating ‘lift’ in energy,” says Joanna de Tuscan, U. S. Women’s Foils Champion. “Camels are so mild and deli‘cate I smoke often, but Camels do not make my throat rough or harsh.”

BENNY GOODMAN SWINGS IT EVERY TUESDAY NIGHT!

Tune in! Hear the trio—the quartette—and all of Benny's boys swing the popular favorites. Every Tuesday at 8:30 pm ES.T. (9:30 pm E.D.S.T.), 7:30 pm C.S.T., 6:30 pm M.S.T,, 5:30 pm iS Tove: WABC Cslvulbia Network.

ji

S the Miami, Florida, “Herald” said of Er] Roman’s titanic struggle with the big fish (above): “The battle was tough. Erl had his hands full staying in the fishing chair.” But a sporting. spirit and healthy nerves kept Roman, going. After a 2-hour fight, he landed the second-largest blue marlin ever taken on

tomorrow night.

Camel the

¥

A captain, 10 principals |

rod and reel. Mr. Roman, a game angler, considers

“Healthy nerves are necessary for keeping on top of things. Camels don’t get on my nerves,” Erl says. Above, right, Mr. Roman enjoys good digestion and a Camel after his tense fight. “I make it a point,”

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he says, “to smoke Camels with my meals and after “for digestion’s sake.” Smooth Blending of Costly Tobaccos. Camels are made from costlier tobaccos, in a matchless blend. A mild, fine-flavored cigarette for steady smoking that does not rasp the throat or upset the nerves.

preferable cigarette for steady smoking.

FOREST RANGER has smoked Camels for 24 years. “Ifit weren't for Camel's mildness, Icouldn’t enjoy smoking so much,” declares Clarence E. Dare. Mr. Dare likes Camels after his favorite

meal — thick, juicy steak and apple pie. “Camels smooth things out for my digestion,” he says.

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