Indianapolis Times, Indianapolis, Marion County, 10 October 1940 — Page 17
THURSDAY, OCT. 10,
CC AP a Sr ane
1940
~ LUX IS SENTENCED 10 9-MONTH TERM
Also Fined $1000 in Hit-Run
Death of Girl; Youth Nervous
But Silent as Jurors Vote Guilty After 51,-Hour Debate.
Tall, pale Leland Peter Lux must serve nine months on the State Farm and pay a $1000 fine for the hit-run death
of a 19-year-old girl.
. A Criminal Court jury found him guilty early today
after studying the evidence Myers sentenced him at once. Lux was nervous but silent. His attorneys said a motion for a new trial would be filed “as soon as. possible.” If it is denied, the defense may appeal, they added. The case, which involved an accident in which Betty Jane Dawson was killed June 6 on the Post Road,
went to the jury at 5:45 p. m. yesterday. .
Verdict at 12:50 A. M.
At 6:59 p. m.,, jurors asked for “ten more minutes” and then failed to reach an agreement. They went to dinner at 7:15 "and réturned at| 8:45 p. m. Then suddenly they came | to a decision after asking per ‘mission | to “get some air” by walking around the Court House in charge of the] bailiff, Harold Messersmith. They | gave their decision at 12:50 a. m. The State’s case was based on what Deputy Prosecutor John Kelley called a “series of events that could lead to no other conclusion” but that Lux was the person involved in the accident. In his summing up to the jury, he charged that “Lux must have had some knowledge of the accident.” “The “injuries to little Betty Jane Dawson were so bad that the impact causing them must have told Lux that he had hit something with his automobile,” Mr. Kelley said. He asked the jury to recall that evidence had shown there was no paint flaked off the dents on the front part of the car—that they had been shown to be cup-shaped—and - that they appeared exactly as if they had been made by a body striking the car. “And yet,” he asserted, “Lux did nothing about it. He went to bed. “Lux has told you that he learned about the accident on the Post Road the next morning and that he did nothing about it,” he said. “He did - much of the work of fixing the car himself.” : From this, Mr. Kelly deduced, Lux wanted to be sure the evidence of the Post: Road impact would be done away with.
1939 Conviction Cited
“As for Lux’s reputation for veracity, I'll let his conduct on the witness stand act as an, indicaior and you, as jurymen, can judge tor yourselves.” On previous cross-examination, Lux had admitted to Mr. Kelley he had been mistaken in telling Defense Attorney Russell Dean, that he had been arrested twice belore! for traffic violations. | Mr. Kelley brought out a reck- | less driving conviction in 1939, which Lux said he had forgotten. 2 Lux also told Mr. Kelley he “forgot” exactly what conflicting stories he had told Sheriff Al Feeney, the garage owner and a mechanic who .worked on his car, abou} an accident he was in. Attorney Robert Cait started the defense’s summing up of | case before the jury by asserting! that Lux had shown good faith follcwing the accident. “This has been a case built on circumstantial evidence,” he said, “and much of the evidence has been built on testimony by Lux nimselt. “Lux showed good faith -by nspecting his car the next morning to see if it looked as though it had hit a human being. He was convinced it had not. “If he had thought he was guilty, he would have tried to hide his working on the car and he would have tried to hide the car.” Mr. Dean continued the summing up from this point, asking the jury to keep well in mind the positions of both Miss Dawson and George Brinkman Jr., with whom she was walking, and the position and condition of the dents on Lux's car.
How Could Boy Escape?
“How,” he asked, “could the girl have been hit and not the boy?” Mr. Dean claimed “this is not the | kind of evidence that can be bag on the counter.” “The laws says the Dessumiption of innocence follows the defendant all through a trial and I feel there had been insufficient evidence to change the presumption of innocence,” Mr. Dean added. The trial started Monday after Lux had pleaded not guilty Sept. 24 to the charge of leaving the scene
514 hours. Judge Dewey E.
of 12 men had been chosen late in the afternoon. The defense filed a motion Tuesday morning to suppress evidence on the basis of an unlawful arrest. | The motion was denied by Judge Myers. The State started its presentation Tuesday afternoon by putting Mr. Brinkman on the stand. In succession, other witnesses built the State's case, attempting to show that Lux was the driver of the car that struck down Miss Dawson, that Lux should have known of the accident and that he should have stopped.
Relatives Weep
Mrs. Mary Dawson, the dead girl's mother, identified her daughter's shoes and left the stand in tears, while relatives in the crowd sobbed audibly. Lux testified in his own defense, asserting that he had not known either at the time of the accident or later, that he had struck a human being. The defendant was arrested June He was indicted on charges of involuntary manslaughter and reckless homicide and leaving the scene of an accident. On defense motion, the indictments of reckless homicide and involuntary manslaughter later were quashed.
Model Planes—
WIND PREVENTS CLUB CONTEST
Affair Scheduled for Next Sunday; 7 Air School Prizes Offered.
Last Sunday the wind kicked up swirls of dust across Stout Field, the wind sock atop the hangar spun around like a merry-go-round on the loose and nearby trees stooped to a third their height. The Indiana Gas Model Associa-
tion flyers just sat. The wind, long their friend in many a model plane meet, had turned against them. So the prizes left over from the Sept. 29 -intraclub meet stayed in
their boxes again to be fought for |
another day—next Sunday. When the intraclub contest first was held there weren't enough entries to absorb the prizes. Some 15 to 20 were left for last Sunday's pilots. If the wind or rain doesn’t get in their hair on Sunday next they'll try again.
sn ” ”
Scholarships Offered
United Air Lines is offering three scholarships to the Boeing School of Aeronautics in Oakland, Cal. The scholarships were presented to the Air Youth of America in recognition of the importance of the part played by youth in the nation’s aviation program. Four other scholarships, two in the Casey Jones School of Aeronautics in Newark and two in the Spartan School of Aeronautics at Tulsa, Okla., also were offered.
Basis of Award
Awards will be made on the basis of promise of achievement shown by the candidates in their high school scholastic records ° and through some accomplishment in the field of junior aviation, such as
or similar fields. Applicants must be ready to graduate from high school by June, 1941 or to have been graduated in the last three years. The United Air Lines scholarships include a two-year course in air=line operations and engineering, tuition value $1440; an eighteen months course in airline mechanics and operations, tuition value $1080, and a one-year course in air-line mechanics, tuition value $729. :
$50 Monthly for Board
Also, United Air Lines will provide the winner with $50 a month for board and room if the awarding committee decides he would otherwise be unable to attend the school. The competition closes March 1, 1941. Applications may be obtained
of an accident.
Names of more than 80 Jurors |
were called Monday before a jury
'Log of Death’
from Scholarship Awards Committee, Air Youth of America, Rockefeller Plaza, New York City.
Reveals Last
Hours of 63 Doomed Miners
EBENSBURG, Pa. Oct. 10 (U. P.).—A dispassionate log of death kept by one of the 63 miners killed in the Sonman Mine explosion last
July 15 tells how the trapped min- |. . .
ers “are going to sleep very easily. The log, written by Jay Smith, recounts the six long hours he lived in the underground chamber wrecked by an explosion which trapped and killed 63 men. It was found by investigators and revealed today by Stephen Mayer, district attorney of Crambia
County. The log as written in a notebook
follows: 10:50 A. M.—Ezxplosion occurred. Men did not know where to go or what to do. We all piled into motor road. 11:45 A. M.—We all sat down. Men began complaining about headache. 2:00 P. M.—Still quiet. visible outside barricade. 2:30 P. M.—Two men went out to heading. Came back reported cool air but smelled like dynamite smoke from mud cap. Debate whether to go or stay. Two men went out and got bug lite. Men
afraid to light it.
No dust
2:40 P. M.—Ears. were ringing. Head was aching to beat hell. 3:00 P. M.—Went down to where Monteith (mine foreman) and men had barrier. My headache is fierce not sleepy. 4:30 P. M.—Am now parked right here. I am beginning to smell the dynamite smoke . . . air is getting bad. I believe it’s all up. 4:35 P. M.—Monteith, the foreman, is in bad shape . . . think he is done . .. I have given up all hope .. . the boys are going to sleep very easily, only all nervous. (At this point Smith wrote his will assigning his property to a brother, Theodore.) 4:45 P. M.—They are going fast now . . . the bug light is still burning . . . men are moving . . . all weak as cats.” The writing trailed off into a few illegible scrawls, apparently as rSmith lapsed into “sleep.” District Attorney Mayer made the log of death public after conferring with state officials on whether criminal prosecutions should be instituted. Further conferences will be held. A coroner's jury cited negligence of three mine officials in its findings several weeks ago.
The Japanese people do not want a war with the United States and the military cabinet that is in power fears our strength, its own subjects and above all—Russia. This is the belief of M. B. Madden, missionary. who has spent 45 of his 72 years in Osaka, Japan,
“working with the-common people.” Mr. Madden. is attending .the
North American Christian Conven-|
tion being held here at the Cadle Tabernacle. “The Japanese have nothing but the utmost feeling of kindliness toward the United States,” he said. “It is proved in the fact that never has a missionary been killed in Ja-
pan. To me it is impossible that that nation would fight the country to which they feel friendly. “Of course,” he said, “the common people of Japan have no way of representing themselves. German influence has gained the control of the Japanese Cabinet and
now one knows where it will drive them next.” Behind the thinking of all Japanese is the fear of Russia, according to Mr. Madden. All of the military preparation of Japan has been done on the theory that some day the Russidn-Japanese war
would have to be fought over again. “No one in Japan believed that
THE INDIANAPOLIS TIMES
IM issionary Says Japan Feels U tmost Kindliness’to
PAGE 17
their military supplies would be used against China or any other country than Russia. If Japan enters a war against the United States I believe Russia. will immediately march into Manchuria, land which once was theirs.” The people of Japan have no freedom of the press or speech and believe the war against China is a holy war for China’s good, Mr, Madden said. The Cabinet has been able to finance the war by issuing bonds and making. the people buy them. In addition to this in the conquered areas of China they are purchasing supplies and paying for them with
more than “promises to pay sometime.” There is no metal money at all, he said. | Then too, 10 Japanese soldiers can be equipped and maintained in the
field at a cost which would only finance one United States soldier,
according to the missionary.
Despite the fact that the Japanese Cabinet knows that the independent missionaries condemn their actions in China, the Americans are treated- with respect and safeguarded from any violence. Mr. Madden’s daughter, the wife of a staff member of the Osaka Mai Nichi Daily Newspaper, is in Japan and Mr. Madden's faith in Amer-
icans’ safety in Japan is so strong that he does not fear for her safety. “Even if we go to. war I don’t believe they will harm those in Japan,” he said.
THIRD DIMENSION SEATTLE, Wash., Oct. 10 (U. P.). —A 20-year-old “claytooner” has extended cartoons into the third dimension by modeling them in clay. Lowell Grant has been at his avocation since he was 6 years old By photographing such models, he says, they gain third-dimensional substance.
‘the army.
BRITISH SPECIAL UNITS ORGANIZED
LONDON, Oct. 10 (U. P.).—Palestine Jews who wish to volunteer for service against the axis powers will be given opportunity to enlist in special Jewish units of the British Army, the Government decided today. It was said that the Jewish units would be used wherever needed by It was assumed. they would be used somewhere in the Near East but outside Palestine to avoid friction with Arabs in the Holy Land. The British already have started to form a special Palestine defense force, composed of Jews and Arabs in equal numbers,
LAST 2 DAYS
v Use Your
To
“military notes” which are nothing
Charga-Plate
Speed Shopping
Two Sensational Values in Fine
CHIFFON STOCKINGS
Regular 69¢ Aimcees
The ‘Aimcee chiffons threads with
tor extra mileage.
lisle
beige: SEPIA—a 81/5 through 10;
neutral
beige.
are
4.
reinforcemants In TANGLO— a golden beige; BURNT AMBER— a bronze beige; TOWNTAN—a
YE
taupe
Regular 79¢ “Sorority Girls”
The
threads for afternoon or
"Sorority Girl" date" evenings.
neutral beige:
golden beige;
chiffons are 3"movie In MAPLE LEAF —a rosy beige; SYCAMORE-—-a OAKLEAF — a CHESTNUT — a
69:
bronze beige; POPLAR—a taupe
beige. 8!/5 through 10!/,.
AYRES' HOSIERY, STREET FLOOR
model plane building, aviation radio |
30 |
Y Tomorrow,
and Saturday
Your Last Chance to Save
On Our Pet Shoes for ’Teens
‘“‘YOUNG CASUALS’
Registered Come down tomorrow or Saturday to save substantially on our most popular shoes for ‘teens! They're
sturdy shoes with sophisticated flair! They're ihe
most successful shoes we've ever had for girls! Here
are four styles from an assortment.
1. Big-and-bulky oxford, borrowed from brother; crepe sole. Soft elk, brown only. 3!/,-8. Sale Priced, 4.49,
2. Dressy step-in of black patent witn elasticized gabardine sides. Also in brown alligator. 3/,-8. 4.49.
3. Spectator pump of suede with calf accents. Brown or black. Sizes 3!/,9. Sale priced, 3.49.
"The best wearing shoe in seven counties’! roughie leather oxford, crepe sole. Blue or brown. 314-9 4.49. AYRES’ FOURTH FLOOR
GIRLS’ SHOES,
L.S. AYRES & COMPAN
* Save on "Teens Winning Trio
Y
Llamatone Fleece Wraparound COAT
. 14.90
A smash value in biggest favorite at
SALE PRICED
regular prices—the coat with tha Bulky,
but not cumbersome, deep, soit
borrowed-from-brother look.
tleece to wrap cozily around you. Interlined for plus warmth. Natural and teal included. Sizes 10-16.
Corduroy Flared SKIRTS
Soft
SWEATERS 87c¢
Sensational values in 'teens favorite
twosome! skirts,
Green,
wine included. Classic, short-sleeva
slipover sweaters, or borrowed-from-
brother
J Anniversary ‘Savings in The
Ayres “A” Brand Preserves ... Jar
Strawberry, peach,
tomato flavors.
liveries on all food -items).
White Rose Semi-Ripe Olives .... 00... 29¢
White Rose Consomme Madrilene ........c...c00000ee 2 for 98c
White Rose Biack Bing Cherries isensesee 306 White Rose Coffee (29 Ib) ..... 4 lbs. 1.00 White Rose Grapefruit Sections ... 6 for 98¢ White Rose Corn on the Cob .......... [9¢ White Rose Asparagus .......... 3 for 1.00 Kemp's Sun Ray Tomato Juice .... 12 for 98¢ Rath's Corned Beef Hash ........ 2 for 3%¢
Trim, fine-wale corduroy buttoned - down - the - back.
cinnamon,
sleeveless white, red. Sizes 10-16.
HIGH SCHOOL SHOP, FOURTH FLOOR.
black raspberry, red raspberry, blackberry, grape and red (Small delivery charge tor out-of-town de-
19
Warm
teal, aqua and
style. Paste,
Epicure Shop
69:
apricot, orange, marmalade, cherry,
Pr avres A BRAND, 2
Strix BELTY PRESERWY
x
|
Fairbrook Chocolates and Bonbons NL 3 Ibs. 1.09 Assorted Hostess Ting. 2 Ibs. c.osivsseresvectssrnvennvirens Miniature Chocolates ........c.0000eeeeee. | Ib. 6565 2 Ibs. 1.25 Old-Fashioned Chocolate. Drops «vevovesscecscsssssnnnens
Vanilla and Chocolate Butter Creams .....ceeeseccocsnnss
—EPICURE AND CANDY, STREET FLOOR
39¢ Ib. 39¢ Ib.
~~, 7
J