Indianapolis Times, Indianapolis, Marion County, 11 March 1938 — Page 3

Lawmakers Dispute Liberty for Mooney;

He's Defended Here

California Legislators Need Four Votes to Force Action.

(Editorial, Page 18)

SACRAMENTO, Cal, March 11 (U. P.).—Bitter debate over a proposition to free Thomas J. Mooney contin: today in the hall of the State Legislature, where yesterday the prisoner himself sat on the Speaker’s platform for hours, pleading his innocence of: a bombing outrage of which he was found guilty 22 years ago. A proposal to grant Mooney a legislative pardon was deadlocked after a favorable vote of 37 to 33. Ten of the 80 legislators were absent during the vote, and 41 favorable votes were needed to pass the resolution, which legal authorities said would be futile because the Legislature has no authority to pardon felons. Sponsors of the resolution intended to have the courts rule on the authority.

Mooney Returns to Cell

Mooney, who is under a life sentence for the Preparedness Day bombing in San Francisco in 1916, was returned last night to San Quentin Prison by the warden, who brought him before the Legislature in response to the Speaker’s summons, The debate continued in a night session of the Legislature, which was not adjourned until after midnight. The Mooney resolution remaine! the order of business for toay. Assemblyman Thomas J. Cunningham, Los Angeles Republican, precipitated a quarrel by protesting that the hearing was “one of the sorriest spectacles -in the history of California.” “Without authority to act either upon Mooney’s guilt or innocence. + »' Mr, Cunningham said, “and neglecting the critical emergency needs of the State to engage In a farcical and meaningless political holiday, the assemblymen joining in this recrettable demonstration have made 2 mockery of law. ...” Labor organizations throughout the world regard Mooney as a martyr to their cause, He was a labor organizer and was convicted during the wave of patriotism in the year preceding the United States’ entry into the World War, when the activities of labor and radical organizations were confused in the popular mind. Mooney spoke calmly and fluently, reviewing the history of his trial, charging that state’s witnesses were “prostitutes, psycopathic cases and jailbirds,” and reiterating his familiar alibi—that he was on the roof of the Eilers Building, a mile.

away from the comeg.ol Stuart and |

Market Sts. in San cisco when the bomb exploded there after a parade, killing 10 and wounding 40 persons. Herbert Resner, Mooney’s attor- - ney, who sat beside him on the rostrum, said: “There have been statements made, Mr. Mooney, that you are an advocat: of force and violence.” “I am not,” the prisoner replied. “Violence is the weapon employers use to discredit strikes.”

CLAIM SLAYING CONFESSION

NORFOLK, Va., March 11 (U. P.) —Treasury officers announced today that Bernard (Big Boy) Rawls, and Joe Thomas West today confessed responsibility fof the killing of Treasury Agent John W. Jackson Jr., in a gunfight last

California are here today.”

Tuesday night.

Local Attorney Believes He Drank Beer With Actual Bomber.

Ernest T. Lane, 628 E. 21st St. attorney, today said that in 1916 he met and talked with the man he believes responsible for the San Francisco bombing that killed 10 and maimed 40, and that the man

was neither Thomas Mooney nor| _

Warren K. Billings. Mooney yesterday appeared before the California Legislature to again declare his innocence and plead for freedom, charging he was “framed.” Mr. Lane in 1916 was chief bugler in the 3d Company, General Service Infantry, Ft. McDowell, near San Francisco. “On the day of the parade,” he said, “we were at rest, just off Market St. in Stuart St.” he said, “and I wandered down Market St. toward the Ferry Building at about 1:30 p. m. The parade was to start at 2 p. m. so I had plenty of time. “I walked over to the Ferry Building and a man came out of the door carrying a. small suitcase. He stopped me and said: ‘Well, buddy, are you having a parade here today?’ : “Let’s Have a Beer” “I said, ‘Yes, all the soldiers in He was short and stocky, talked with an accent, wore a brown coat and dark pants, and didn’t seem prosperous. He was between 25 and 30, I should judge. “He invited me to have a beer and I accepted. We went into a corner saloon, and as we went in he set the suitcase down on the sidewalk, near the building, outside the door. I thought that was odd at the time. I also thought it odd that one so shabby would be buying a stranger drinks. “We had our beer, and left by ar other door nearby. He picked up his suitcases again, and we walked to Stuart and Market Sts. We crossed Stuart St. and stood for a while on the corner. : “I left and walked into the street to take my place behind the bass drum in the line of march. It must have been nearly 2, and the signal to start the parade was to have been an aerial bomb set off at Stuart and Mission Sts.

Bomb Explodes “It couldn’t have been more than three or fcur minutes after I left the man and took my place in the line of march, when the bomb ex-

ploded. People had been standing two and three deep along the curb. The bomb exploded between them and the building and blew them

out into the street.

“As I marched along I heard some one say as he pointed to me, “There’s a soldier that got wounded.’ 1 felt my face and there was blood on it, but I was not injured. It was from some. victim. ere was blood on my uniform, too “When we had marched for two hours, and fell out at the end of the parade, we were talking about ‘the bombing and a superior officer told us, ‘That was none of your business. Forget it.’ “No officer of any court, no prosecutor, no army officer ever at any time asked me or any member of the band or my company about the bombing. After Mooney arid Billings were arrested and I saw their pictures in the papers, I was sure ‘the man I have every reason to believe set off the bomb was neither of them. I believe he had the explosives in the suit case.”

“Third Degree’ Intolerable,

State's High

Court Holds

(Continued from Page One)

forbid physical punishment to get statements from criminal suspects. The court termed “third degree” methods “lawless and shocking.” . The opinion was given as the Court reversed a conviction in the Lake County Criminal Court and ordered the defendant, Gus Kokenes, 27. of Chicago, returned from the Indiana Reformatory for a new trial.

Kokenes was arrested Nov. 25, 1936, following the robbery of an alleged Gary gambling establishment. According to trial records, he said he had nothing to do with the crime and had entered the building to make 2 bet on a horse. Kokenes then, according to testimony, was taken to the Gary police headquarters, placed in a back room and ordered to undress. He . said an officer knocked his tooth out and after he refused to confess he was placed in solitary confinement. He spent two days in confinement, and according to his testimony, was beaten three times, the police al-| ternately using blackjacks and rubber hose. : Ther he was taken to the Crown Point Jail, he said, where Al Litchenfeldt, Gary policeman, visitefl him and made further threats to punish him. Xokenes said he was in such a state > fear he decided “to sign

Rl 8, 1937, he was. found guilty of robbery and robbery while armed and was sentenced to 10 to 85 years. The Supreme Court overruled his claim that he couldn’t have Fcen found guilty of both _ charges since he was being “jeopardized twice for the same alleged crime.” . : “The Supreme Court held, however, that evidence seemed to

“The State does not expect, it

‘IN INDIANAPOLIS ON

PAGE 26

expressly forbids and condemns such methods. It is better that some criminals escape punishment than that the officers of the law turn lawless in their zeal to procure evidence.

“Once it has been shown that lawless, inquisitorial means have been used by the State’s representatives for the purpose of procuring a confession, the State is on the defensive. “A confession following such coercive methods should be rejected unless and until it is made to appear that the defendant has acknowledged the confesison to be

voluntary under circumstances un- |

der which he is clearly free from fear and coercion.”

In other cases the Supreme Court held that proof of habitual criminality .must be considered separately from proof furnished ‘upon specific charges, and that minor name errors in complaints do not Desesurtly constitute reversable err

Conviction ‘of Dale Metzger, sentenced from the Kosciusko County Circuit Court to 20 years for armed robbery and. life for habitual criminality, was reversed.

Credibility Attacked

The Court held thatithe jury in this case considered Metzger’s former record in connection with the specific charge against him, and added thdt the prosecution used this record to attack the credibility of Metzger’'s testimony even before

the defendant had been placed on

the stand. The $450 judgment secured by Elizah L. Johnson Sr. against an Indianapolis milk concern was upheld despite ‘the fact that the original complaint contained the word “Inc.,” which was not properly part the company’s title. Since the company’s attorneys made no effort to have the title cor-

rected, the Supreme Court con-

cluded they might have been using this as a ‘legal trick” to render

J fruitless any judgment.

“If this were true the Supreme Court would not affirm or assist in any such ‘sharp practice,’ but on

| the contrary would condemn it in

the severest terms,” the op

QUIT TVA ROW, F. D. R. ORDERS

House in Final Vote Again Defeats Closely-Held Tax Provision.

(Continued from Page One)

it were: Reps. Schulte, Halleck, Farley, Griswold, Jenckes, Boehne, Gray, Larrabee and Ludlow. Rep. Pettengill was absent.

Minton Charges Filibuster Plot

Times Special WASHINGTON, “March 11. Charging that “a definite conspiracy exists to discredit the Administration by having a filibuster session of Congress which will end without doing anything,” Senator Minton (D. Ind) announced today that the Senate Lobby Investigating Committee will commence hearings to prove this point tomorrow. Senator Minton is committee chairman. First witness tomorrow will be Charles D. Dunwoody, a professional lobbyist, Senator Minton said. Attempt will be made to show that he has been employed to sabotage the New Deal program through Congressional . inaction, Senator Minton said. “We are going to show why the reorganization bill, wages and Bours and other Administration measures are meeting with such sustained opposition,” Senator Minton asserted.

‘National’ Railway

Policy Discussed

WASHINGTON, March 11 (U.P). —Railway executives considered today a proposed new “national railway policy” as a solution to their critical financial problems. It ‘was understood, however, that there was no discussion of any move for rate increases additional to the $270,000,000 Interstate Commerce authorized this week. Fundamental principle of the new proposed policy, a spokesman said, “would be recognition of the right of transportation companies to

Voting against

investment.”

$25,000 Offered For Order in Strike

WASHINGTON, March 11 (U. P.). —Francis C.’ Martin, chairman of the Johnstown Citizens’ Committee and president of the Johnstown Chamber of Commorce, today . told the Senate Civil Liberties Committee that the Bethlehem Steel Co. offered ‘$25,000 or more” to maintain law and order during the strike at the company’s Cambria plant last year. Mr. Martin said the offer was

Gray and visibly aged, Thomas J. Mooney, whose declarations of innocence in connection with the 1916 San Francisco Preparedness Day bombing has been a thorn in the side of every California Gover= nor since, again denied his alleged part in the bombing before the California - Assembly.

period ‘of pain

earn an adequate return on their

that: ing. ” case, and arrow

Mooney | the assembly.

Times-Acme Telephoto.

reopened his bid for freedom when he told the California legislative body in Sacramento . yesterday “I again deny that I perpetrated that bombHe is shown here at right as he pleaded his

indicates him: at ii as he faced

New Dea lers Disturbed

By Revolt Against F. D. R.

' By THOMAS L. STOKES Times Special Writer WASHINGTON, March 11.—The House revolt against President Roosevelt on the closely held corporation tax is disturbing New Dealers. Administration foes meanwhile are chanting—and not for the first

time since March 4, 1933: “Roosevelt is slipping.”

The prophets of a Roosevelt political recession base their calculations on the House—which snubbed the President a few months earlier

on the Wage-Hour Bill—largely be- © cause that is the body which is believed to keep its ears nearest the ground, and hence to react most promptly to popular shifts. This is not to say that Mr. Roosevelt has not had his troubles in the Senate, with the defeat of his Court plan last session, the long antilynching bill filibuster, and the difficulty leaders are now having with the Reorganization Bill.

Experts Can Be Wrong

Political seers who sit in Washington and make snap judgments about the state of popular feeling have found themselves confounded before when the President, once in his own -right and three times through Congressional elections, has swept up bigger and bigger majorities. : Congress has bucked before, too, and forced Mr. Roosevelt to compromise, but never before in the New Deal has there been such a ~ back, of defiant rebellion : as - e four months since Congress bin: in special

This condition has been recognized by the President in notice to his leaders that he will submit no

_Inew reforms at this session. The

fight ‘on the Reorganigation Bill, and the inability of House leaders to push through a tax bill without a terrific.row and the loss of one

made by Sidney Evans, Bethlehem personnel manager, less than a week after the strike was called.

Subcommittes Backs Arnold Choice

WASHINGTON, March 11 (U. P)). —A Senate Judiciary Subcommittee today approved ‘the nomination of

Thurman Arnold to be Assistant Attorney - General with Senators Borah (R. Ida) and Burke (D. Neb.) reserving the right to oppose confirmation on the Senate floor.

Roosevelt Nominates

Draper for Bank Board WASHINGTON, March-11 (U. P.). —President Roosevelt today sent to the Senate the nomination of Ernest G. Draper, Assistant Secretary of Commerce, to be a member of the Federal Reserve System Board of Governors.

of its major provisions, trouble until adjournment. House leaders held little hope today for restoring the tax on closely held corporations by a record vote. A canvass indicated there would be insufficient changes from the teller vote which struck out the tax despite pressure from the White House and from leaders. Election Causes Hesitancy House members and Senators whose seats are at stake usually become worried and hesitant before an election. There is no exception this year, and there is the extra worry of the business setback, the political effects of which they are trying to gauge now. This combination is at least partly responsible for an antipathy to any new legislation affecting business, a feeling which seems to exist not only among conservatives, but among some hitherto staunch New Dealers, ‘The resistance to the President, however, seems. to have more to it than that, representing presumably a belief that the President is not so popular as he once was among the rank and file. One warm Administration supporter who senses the electorate rather accurately from long experience said today that he thought the President had lost some ground, still had’ ample reserve strength among the masses to reelect him if he were to run today. Discipline Relaxed Most concentrated opposition to the New Deal reform program is to

presage

be found among Southern senators:

and congressmen. Representatives from that section form - the continuing backbone of Democratic strength in Congress. On some issues the President has had to depend on new Democrats from other sections, and it is among these that

Congressional elections. Disciplinary weapons of President in the form of patronage have nearly disappeared, which ex-

plains some of the independence : in Congress. The forthcoming elections will see a fight to wrest con-. trol of the party machinery from

him and the New Deal group. No help to the President at this time is the squabble over TVA, one of his cherished reforms. Republicans have seized this intraparty controversy and are squeezing it for all it is worth to build up an issue for November. Heavy, just now, is the head that wears the crown.

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WIN IN STATE, GATES OPO

16.0. P. Leader Confers With | 1

‘ocrat,

the:

SON GANT

Halleck During Visit In Washington.

By DANIEL M. KIDNEY Times Staff Writer

WASHINGTON, March 11.—“Jim

| watson can’t win in Indiens,” Ralph

Gates, Fourth District Republican

- ‘Ichairman and anti-Watson leader "| from Columbia City, declared on a

flying visit hére.

|. “Neither ex-Senator Watson nor

Walter Bossert will get the Republican nomination for the United States Senate,” Mr. Gates predicted. “But even if Mr. Watson did get it, and Senator VanNuys runs independently, Jim would come ih a

poor third.” Mr. Gates arrived here yesterday

.|noon, aftér his train was delayed .| more than an hour when it crashed

into an automobile. He left last

night, explaining his visit was “on

business and not politics.” Confers With Represeuatatives

He visited the capitol, and talked to Rep. Charles A. Halleck, only Republican Congressman

| from Indiana, and Rep. James I.

Farley, Democrat, who represents the Columbia City district. Rep. Halleck introduced him to Rep. Bertrand H. Snell, Republican floor leader in the House. Since Mr. Halleck has been labeled “a young Lincoln” by Rep.

| Bruce Barton (R. N.Y.) it was con-

sidered likely Mr. Gates was urging him to run for the Senate. “I know that Mr. Halleck could be nominated,” he said, when asked regarding it. “But he doesn’t want to give up a sure thing for an uncertainty. My candidate now is Raymond Willis, who comes rom Angola in my district.” A fourth Republican Senatorial entree is'Richard Wills, Kokomo. Rep. Halleck denied he had discussed with Mr. Gates the possibility of being a Senatorial canditate, and declared that as a Congressman he is keeping hands off in the factional fights within the party in Indiana.

Larrabee, Greenwood

Seek Renomination Rep. William H. Larrsbee, New Palestine, Democrat, Eleventh Dis-

trict, ahd Arthur G. Greenwood, Washington, Democrat, Seventh District, today filed their declarations of candidacy for renomination. They were among 13 new candidates who either filed declarations or announced, As the role of office seekers grew, locations of 58 branch voter registration offices in Marion County were announced by Charles R. Ettinger, chief deputy clerk and elections supervisor. ‘Candidates who filed at the State House today included: Vernon Sigler, East Chitago, Demstate’ representative from Lake County; Mike Zarkovich, Gary. Democrat, state representative from Lake County; Carl E. Roell, Shelbyville, Democrat, state representative from Shelby County; John H. James, Greencastle, Democrat, state representative from Putnam and Bowen Counties; D. M. Smiley, Bedford, Republican, state repre‘sentative from Lawrence County; Otto C. Neumann, Lafayette, Republican, state representative from Tippecance and Warren Counties;

however, |

Elam Y. Guernsey, Bedford, Re-

ALWAYS

movement.

CII OWN AKE oii ‘WATCH

: How Exotic

Tmported! Sigrid Curie Proves Only Another American: Wife.

OLLYWOOD, March: 11 (U. P) —Nobody was more flabregion today than Samuel Goldwyn’s press agents over the unmasking of their exotic Sigrid Gurie in Divorce Court as the estranged wife of an American business man. So they were ready to tell for the first time, all they knew about -the mysterious, bewitching, blueeyed actress, “imported from Norway” to give Mr. Goldwyn a competitor for M-G-M’'s Greta Garbo, and Paramount's Marlene Dietrich. Miss . Gurie yesterday revealed herself as Mrs. Thomas W., Stuart and her husband revealed some more detalis not complimentary to her movie career. . The press agents said it would be a shock to Mr. Goldwyn, who had always yearned for a Garbo or a Dietrich, to learn. that his hopeful discovery had come to Hollywood not from Oslo, Norway, but from the little farm town of Cucamonga, in San Bernardino County, California. + # = a IRST of all, Miss Gurie did come from Norway, even though it was four op more years ago. Mr. Goldwyn first met her, the agents said, “three or four years ago” in London, and invited her to have a screen. test made in Hollywood. ¥ It may have been two years later that Miss Gurie made herself known to Goldwyn in Hollywood and was placed under con-

tract. In the interim, she evi-

dently had been in Cucamonga, California, because she married Mr. Stuart there on Oct. 4, 1935, it was established today.

publican, state representative from Lawrence: County. Joseph E. Hartman, 1459 N. Delaware St. filed his. declaration of candidacy for Superior Court judge. He was the first Republican to file for that bench. New filings at the Court House today included: James M. Robey and Emory Thompson, both Democrats, for Wayne Township Advisory Board; John K. Ferguson, Democrat, Perry

Township Justice of the Peace, and |

Alfred Coolman, Republican, Pike Township trustee. Jack Schlott, 826 N. Grant St. war veteran and transportation business operator, announced he will seek the Republican nomination for sheriff. Joseph O. Carson II, attorney, 3440° Winthrop Ave. announced as a candidate for Representative from Marion County. W. K. Ellington filed as a Republican candidate for Perry Township Justice of the, Peace and Herbert H. McClelland, R. R. 18, Box 384, filed

for Wayne Township trustee.

Alba H. Warnick, Attica, Democrat, filed for renomination for state Representative from Howard County. The branch registration offices were announced as Mr. Ettinger estimated that there would be 10,000 new registrations and 30,000 transfers before the primary books close April 4. FAdditional organizations today had indorsel the candidacies of Judge Wilfred Bradshaw, Democrat, and William H. Remy, Republican, for nominations as Juvenile Court Judge, the Juvenile Court Committee said. The new organizations are the Altrusa Club, Zon-

‘ta Club, South Side Y. W. C. A, and

the P.-T. A. of Schools 13, 66 and 51.

—At ROGERS

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GIRL AWAITING SURGERY FATE

Eyes of Cripple Gleam in

Thanks as Attendant Yields to. Plea.

Et ——— KANSAS CITY, March 11 (U. P), —Sylva Davis, lying in a hospital ding

from the respirator that is keeping

her alive, called her nurse today and

ordered a song.’ : “1 can’t sing, Toughie,” protested Nurse Dorothy Regan. Toughie—that’s the nickname : nurses have chosen for the gallant girl who risked her life on the 50-50 chance that a rare operation would ‘give her use of her arms and legs for the first time in her 20 years —answered slowly: “Sure you can, don’t be that way.” So there in a bare hospital room, to an audience of one. Nurse Regan held a strange concert. She sang “Blue: Hawaii.” But there was no applause, for Miss Davis’ arms were incased in the respirator. Nurse Regan’s only reward was an appre= ciative gleam in the blue eyes of the girl who believes she will come back from the edge of death. If she lives, she will know in.s few weeks to what extent she can use her arms and legs. Last Tuesday surgeons sectioned part of Miss Davis’ spinal cord in an attempt to cure her paralysis.

REPORT GUILD CHARGE AGAINST THE TIMES

Officials of the National Labor Relations Board regional office here today declined to comment on pubelished reports that the Indianapolis Newspaper Guild had filed charges of intimidation and coercion in a commercial department of The Ine dianapolis Times. Officials said, however, no complaint had been issued by the Board. The union has not notified The Times that charges have been filed with the Board. The Times is the only newspaper in Indiana having a contract with the Newspaper Guild. The contract covers the editorial department.

BOB BURNS

. OLLYWOOD, Says: March 11.—A good motion picture director not only has’ta understand drama and photography but he also should know the personalities of all his

: players. The Sm

other day we were makin’ a big musical number “where the drum - effects were very important. After “the: scene had - runt & while and << ‘the director noiti ag tice there wasn't any drums, he walked over to the drumemer and says,» “What’s the matter —why didn’t you come in then?” The drummer says, “I lost my music.” The director glared at him and says, “Why, you couldn’t lose a big thing like a sheet -of music!” The drummer looked up at him and says, “You don’t know me, ‘brother, I once lost my bass drum!” :

INITIALS