Indianapolis Times, Indianapolis, Marion County, 16 February 1942 — Page 3

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on, her future ne apoltcian. businesslitician with raven Ro eyes of penetrat- ’ brilliance, high cheekou. and a square, defiant chin, | She is scheduled to go on trial Thursday before Special Judge Charles B. Staff on charges of first degree m er. | Insanity| Plea Filed A plea of temporary insanity already has been filed with Judge

Staff by Mrs, Payne’s attorneys,

Mrs. Payne the Indiana University Medical Center in Indianapolis, and .Dr. George S. Stevens, State Department of Public Welfare psychiatrist, as court alienists to examine Mrs.

Payne's mental condition.

On petition of the prosecution,

| Judge Staff named Dr. Albert Crane,

member of the staff of the Evansville State Hospital, to make a similar examination. Dr. Crane was to have interviewed Mrs. Payne in her cell this morning. Dr. Boyd and Dr. Stevens will make

“ [their sanity test later.

#*

Judge Staff indicated that none of the alienists will be called to testify until all other testimony has n concluded in Mrs. Payne's trial the Mattingly killing,

Sweethearts 15 Years.

At the time of his death, the Inianapolis man, handsome and hestnut haired, was attorneyxaminer for the Indiana Public rvice Commission, Reportedly, he received this post ough string ‘pulling by Mrs. ayne, his sweetheart’ over blissful eriod dating. from his entrance in 1923 to Indiana University - as an bitious but f£nanciallyr hamstrung law student. Mrs. Payne has reiterated many 3s that “I helped (her pet e for Mattingly) over the early bumps and gave him a start.” Relations between Mrs. Payne d Mattingly cooled suddenly in 1 139 under circumstances which are | unclear. Mattingly, who had n living: at Mrs. Payne's imposhome in Bloomington, moved Indianapolis. A few months later, he married quiet, dark-eyed Lurayne ‘Oberholtzer, who served as secretary.

| Attorney Shot in Back he State will Sipe nes Mrs. yhe, infuriated by Mattingly’s

arriage to a you 08 and more iractive woman, pumped five bul-

s into his bac cocud at approxi-

lonery owner, at 102 8. Walnut | Nickas, his wife and his -in-law were ‘entertaining and his wife at a dutch

Slaying of Matting ' Temporary Insanity; ~~ To Examine H

By JOHN L. BO Times Staff Writer |

LOOMINGTON, Feb. 16.—Late this week, a jury in Ciret it Court here will begin examination of this town's most widely publicized love affair—the one which | in the slaying of Charles O. Mattingly last July 5.

43-year-old Mrs.

{she said belonged to Mrs. Payne.

. 19:45, a few minutes before the

Psychiatrists re

resting 'in the jury’s conclu-| #8

Caroline Payne, a gaunt, two-

wich in one hand and a soft drink| in the other. Mrs. Mattingly, an expectant mother at the time, sat less than two feet to her husband’s right. Nickas, his wife and-his daughter-in-law, Mrs. Harry Nickas, were grouped about a kitchen table. Shortly before he died 45 minutes later at Bloomington Hospital, Mattingly gasped to Monroe County Coroner R. A. DeMotte: “She shot me—Carolyn Payne.”

Guns Given to Police

Mrs. Payne was arrested almost! (mmediately. While she was ‘being questioned at headquarters, a niece, Mrs. Myrtle Forth Henderson, who lived at Mrs. Payne's home, turned over to authorities two guns which

Each gun was a highly polished, blue barreled Colt Automatic with embossed wooden handle plates. One fired .32 caliber bullets, the other .380. According to Police Chief ‘John Rawlins, subsequent ballistics tests conducted by Robert Borkenstein, head of the Indiana State Police Laboratory at Indianapolis, established definitely that the .380 Colt Automatic had fired the bullets kliling Mattingly. Rawlins maintained also that

perfectly with a plaster paris cast of a footprint in the sod beneath the window through which the attorney was shot. Chief Outlines Evidence On the morning after the shooting, the chief announced to reporters that: (1) Gerald Carr, a taxi driver, had identified Mrs. ‘Payne as the fare he had hauled to . Brown's Kitchen, a few yards south of the Nickas home, at approximately

shooting. (2) Joe Fagan, the Nickas’ next door neighbor, identified Mrs. Payne as the woman who emerged from the darkened narrow yard between his home and Nickas’ shortly after the shooting. (3) Carr said that he had been called “sometime ‘around 10 o'clock” to pick. up a woman fare at the Texsaco Alling station at ‘Second and Walnut Sts, a block and a half north of the shooting scene. That woman, Carr said, was Mrs. Payne. Prosecutor Floyd F. Cook gave the first intimation of the State's case when he divulged the contents of twd letters taken from a packet of 100 which Mrs, Payne carried in her pocketbook. In one of the letters, written by Mattingly in 1928, he addressed Mrs. Payne as “my pretty peacock” and concluded a series of endearing remarks with, “It sure makes me happy to know that I will soon have a home with you in it. It sure en. courages me to know that you will be the sweetest wife and mother in the world.” “Dear Payne” ther letter under date of , 1939, Mattingly addressed

e” and proceeded to de‘financial settlement I deem d proper under the circum- ”» og

“financial settlement,” Cook ed, brought to a ‘climax ly’s hitherto unsuccessful |to break off relations with

Mrs. Payne's right shoe matched .

it,” he declared.

Gen. Reybold 3

ARMY ENGINEER TELLS OF SPEED

Red Tape Eliminated and Will Help Win War, Contractors Told.

Teamwork of all Americans—ci|vilians as well as men in the armed

services — will win the war, Maj. /Gen. Eugene Reybold, chief of Army engineers, told the 23d annual con-

vention of the Associated General

of Contractors today.

Gen. Reybold spoke at the open-

ing session of the three-day convention at the Claypool.

“The military situation at the mo-

ment is not so good,” he observed. “Alt

ugh the situation may be serious,\in the long range it is full of hope. It is full of hope because the indomitable spirit of the men in those immortal foxholes of Bataan is being matched by the spirit of an aroused and awakened America. Foe Seeks Cheap Victory ° “Our enemies have played for the quick and cheap victory. Failing to attain that—and they have failed— they can face only ultimate defeat, be their transient victories what they. may.” The vastness of the war construction program il America was described by the general. The cost of the program aggregates six billion dollars and 56 per cent of this has already been completed, he said. Workers engaged in the construction program total near 1,000,000 men, he said. “This army of employees—and it really is an army—is larger than you would get by combining U. S. Steel with American Telegraph & Telephone,” he added. Fight for Old Order Gen. Reybold said the nation is at war in order to preserve the “old American order.” “In a nutshell, we are fighting to preserve our country. as we know “We are fighting to maintain our national security and our spiritual heritage. We are fighting to insure material prosperity for ourselves and our children. We are fighting to preserve what might be called ‘the old American order.” A major achievement of teamwork between the Government, represented by Army engineers, and private industry, represented by contractors of the nation, was cited by ‘Gen. Reybold. Eliminates Red Tape

“We have made it possible for division engineers to execute contracts involving expenditures up to $5,000, 000 with nothing more than’ telegraphic approval from Washington,” he said. “The same thing applies

,| to district engineers for contracts|in tn

involving éxpenditures

$1,000,000,

up to

would be unthinkable in the regi-

to our ‘old American order.’ ” William E. Mohler, general chairman of the convention, made the

Indianapolis.

Lauds Plants [3

“This is the negation of red tape.| chi It is the kind of procedure that|gie

mented . construction industry of| Ft. Way Germany. It is a glowing tribute| Kansas

speech welcoming the delegates to) 5 itt t.

J Judge Markey, Rep. Johnson

And Edward R. Kealing

Enter May Races. Three more ‘candidates todsy: an-

| nounced their entry into primary

races May 5 for county offices. They were: Judge Joseph T. Markey, Democrat, seeking his third term in Superior Court 1. State Rep. Emsley W. - Johnson Jr., Republican, for Superior Court 3. Edward R. Kealing, former City Council member, Republican, for Third District Councilman. Judge Markey, in his announcement, said that if renominated and re-elected, he would “continue to dispose of all litigation before me honestly and fairly. My policy has been at all times to conduct the court along the lines of liberty and equality, with justice and fair dealing to all, and protection to property and property rights and maintenance of the home for husbands, wives and children.” He pointed to

and others. Markey Lifelong Resident

Judge Markey has been a lifelong resident of the city, is married and lives with his wife and two children at 5001 Washington Blvd. He is a member of the Knights of Columbus, Elks and Moose orders, the Indianapolis, nd American Bar Associations and a member of the St. Joan of Arc Catholic Church. He was indorsed by the local Bar Association in the 1934 and 1938 primary elections. Mr. Johnson served in the House during the 1941 Legislature and was co-author of the Gross Income Tax amendment revising the rate for retail merchants. He has been active in G. O. P. organization work, serv-

REPORT CAMP NAMED AFTER ATTERBURY

Camp Afterbury will be the name of the new Army Camp under construction in south-central Indiana, it was reported in Washington today.

the late Brig. Gen. - W. W. Atterbury, native Hoosier, who became president of the Pennsylvania Railroad System. Born at New Albany in 1866, Gen. Atterbury began his railroad career in. the yards and round-

ation from Yale University. From 1893 to 1896 he was master mechanic at Ft. Wayne. In 1917, he was granted .a leave of absence to direct construction of the American military railroad in France and was commissioned a brigadier general. In 1919, he returned to the United States to resume:the presidency of the Pennsylvania. He was awarded the distinguished service medal] for his servites in France. He died in Philadelphia in 1935, a year after he retired.

OFFICIAL WEATHER

esUs 8. Weather Bureau.

INDIANAPOLIC FORECAST—Rain this afternoon becoming colder by night and decidedly colder tonight with rain changing to snow.

7:37 | Sunset Central War Time TEMPERATURE —Feb. 16, 1941— 2p. m...... 34 Precipitation 24 hrs. endin

precipitation since Deficiency Since Jan. 1

The follo table shows the min peratures in other i

um 24 hour: High 10W hi

3 a, m., 1

36 44

Bick seses

45 35 41 33 71

ete. seaieeiie: 47

Washington, D. C......

He ere Is the Traffic Record FATALITIES County City Total 9 17

15 21)

$06000000 0000s ‘8 . aussie vie vu 6 =Feb, 0:15 Accidents . 53|Arrests esess.403 njurie: . 13[Dead ........ : TURDAY TRAFFIC COURT

1941 1942

All others ...... T esses ess 22

I EL mmm——— | MEETINGS TODAY Belective Service Resistration, Count al ited a. ‘to 9 A iated oe Aor » Lg I a Hotel,

day. | Rolis Tustriet Council 5 \napo) Dioce: Nati Coung of Catholic meetir

og arion Pp. m

of

3 nay , Cathsije C Mh iy Senter re tes, Bob,

liana lis ° othe Hes A. Aust Dp. Spinto, tor TX Mp ions 8 ashr . . of pid anary tite | oS vice SF sate. Soo of Indianapolis, luncheon, | y Club, m inglieois Board of “Dame Club, luncheon.. Bodrd ‘of

apolis Alumni Kappa, luncheon,

the | noon

ne head on,

Hotel Washin on, 7 Cam oh LY Hotel

mera Club, meeting, n, 8 p. m. Army, meeting, Hotel Severin,

EETINGS TOMORROW

ated General Contractors | of convention, Claypool Hotel, all|p,

Indian} Association Industries, a directays Op ag Tog otal Sverin’

American Chemical Society, lungheon, Hotel Severin, noon ¥

noo Exchange Club, luncheon, Hotel Severin,

Associ America, | ay.

polis artment Owners Di-|Pa; ropoianp ncheon. Apoear Washington, noon.

Al Delta Se Sorority, ting, Hote! Washington, . ne Y: eenhg Nati 1 iatio) anal sade iti of Wo Wamen, meeting, din-

of Veterans of the Siz wa War, aa Hotel,

Sons ner meeting, Ft . Friendly, Rotary Club, luncheon, bia polis nspo: Motor Tra rtatio y diner meeting, Lake Shoe Country Club; pid wilh Service Club and t Club, joint luncheon, Hotel Li i be Mercator

Seventh District Terai of Clubs, meeting, L. 8. Ayres Auditorium, all day.

Association for Childhood Edu at .| meeting, War Memorial, 7:45 p eation,

National ic - np" Folpan avis e seas: meet.

Gyro Club, luncheon, Spink-. Arms Hotel, : pcCniversal Club, luncheon, Columbia Club,

University of Michigan Club, 1 Anerioan | Board of Trade, noon. tncheon,

} Tau Omega, Yoncissom, Board of e, noon.

Phalanx Frater , meet: Y. ATOM y. ing, M C.

MARRIAGE LIC! LICENSES

mer a nl he Het

alter Stone Jr., 30, of 3334 vy;

d, a of rp { Broader:

BE Duval ry 1, of ois x, Sard. 0h; edohn 8, Smit Br Kee:

nF. “Armgtring: "4023 Ridg

ro, . 22 of 737

aner Jr, 2

LEE AIS

BO Betty a Winters, olm William J. Williams, 22, Oakto Flossie J. Farmer, 17, of 1105 Parker, ames C. Pollard, 2 fontaine; Carol Maxwell E. in, 63, art, Grace Hesler, 62, of 6350 Guilford. Garry M. Bohn, of W. 66th; Alma "3 J. Gough, "oi "of- 4041 Boulevard

Robert L. cal, Fo of 1715 Colles Laura F. Hall, 25 N, ] 1 Roosevelt Williams, 33, of 415 1 ford; Ruiness Hall, of 2318 N. Ca R. ter, 27, Forte. a gered Marian ote. Watt, GreensG. Beier, 23, of Brookside Avenue; Delores 'M, Prather, or, 22, of 1825

Park. ennig, 30, of 3350 E. Fall gama. Ida da W.

win.’ N. Davis, 39, Spencer Hotel; Giarice"Tagior 2, ot B05 N. Leth, arl V. , 33 Ddvidson;

20, of 229 N. ‘Ind.;

alee R. Coats, 30, 30, of i das ~ David D. 27, of 120 N. East; ro Bk 3. :. 126 N 108° Elm; Mgrgeret ‘20, of 303 S. Auburn, ene Rolthler, 19, U. 8S. Naval ak Jean MéGhekup, 20, of 6150 yde Pk WI, Th of 2314 College; 2 B. Nie of 135 Broadwa eee; “Lynn Nieman otel; hel 5,3 Jo, Srkwood Hotel. oung: Ruth E oC Clemmier. Ms. of 4807 E 2 Li ‘Stanley, 23, City; Cela Huffman, Bailey, 24, of 7 Geronyn Mi Maréin, in, 2, ot < Bn w Amerson; Via Fouche:

Bessie M. Bans. 3 hy A y Mt. gi, seine of = 5. 13h Daniel 22, of 1732 N. Ta-

Soma; Shiri E Fer Pearcey, 10, of 40 Jack-

James o 20, of g03 8 . Ed ‘of 893 R oltson;

ih == wal oat Hetty, 35, a, 3, Saviiiorne |

BEI os i

|e gm of 1416 W. "

‘21, of 503 W. Henrd. 13, Cit 0Spi Ellen | my, Bowers, Ha Alpare, RORY (nih Hospital; y spa.

BIRTHS Girls

| Herm erman, Marian Sinder, at Methodist. maiz] | William t Methodist.

rgini

Reynolds? 31, of 318 cent

Merle, Leona Jones, at St. Francis. Sect Catherine Mattingly, at St. Fran-

John, Thelma McLain, at St. Francis. (rads. Priscilla Cullin, at 1718 8, Key-

Alvin, Pauline BERT 6331 Fe

Leo, J at 1220

son, eanette Kuk York. us

+ New

Ja BS eons ELE at ty t. Franci neis. imines. at St go aie Williams, at = or aranela,

Rerpart AH gator: 5)

Ray mond, © Doro Browning, s at ty. Lioyd Vivian SY ary at Cty Wille Sylvia Huffman, sat cll. Tove rt, Wanda Walliaan, aX st. VinBiv, 1 Lois Jashirook, at is ot hp rok Sanaa, So . Viticent's oo ya

Peonitrans, at St. Harvey, “Been Botts, William, Kathl

at Methodist. * een Herchelbeck, at Meth-

Frankl, Katherine Crutchlow, at Meth-

Qtel, Cora Rosenba Arnold, Ruth Von Brg, mn ai Methodist. Robert. Vera Litt: ods. r, Victorene oF dain odie Methfens. Alle Haier Ring, at Methodist. Gene, Rhie Ws: , 1 bk oe ? at b20 N Quiver. Carter, at 1136 E. Wash-

Vera Orrick, at 934 W. se, DEATHS

Lucreiis A. Messer, 6 ¢ tis media. mo. 8¢ Oy, oi

Kathrine Le Layman, 74, at 548 N, Audui. 83, at Central, chronte 4 mie Neville, 85, at 3348 Graceland, cereJennie Agens Daupert, 75, at Contral, a Ei Hardin, 37, at Long, lobar pneu-

os Se. chronic nephritis, * Mary McGee, 45, at 521 Blake, arterio-

Carl Angrick, 70, at Central, arterio-

Jessie Mae W. nd, 56, at 100 N. Shef-

ree EEE | 5 Lesie siti

ote SE BES si. Vincents, eur. .

1

his record in important tax cases]

The camp is to be named after]

houses at Altoona, Pa., after gradu~|

na May Coe, 68, at 5335 Ohmer, myo- .

Rep. Emsley W. Johnson Jr.

Judge Joseph T. Markey

deéavor to handle all litigation that might come before ‘me fairly, hon-. estly and without prejudice.” He is a director of the Indianapolis Orphans Asylum and the Y. M. C. A. and is a former member of the Indianapolis Junior Boy Scout Council.

Johnson Is Butler Graduate

A lifelong resident of the city, Mr. Johnson is married and lives at 5625 Broadway. He was graduated from Shortridge high school, Butler University and Indiana University

20

Law School and is a member of the

law firm of Johnson, Zechiel and Ji He is 'a member of the American, Indiana and Indianapolis Bar Associations, Young Lawyyers Association, Tabernacle Presbyterian Church, Delta Tau Delta Fraternity, Mystic Tie Lodge, Scottish Rite, Minute Men and Elephants Club. Mr. Kealing, who served in the Council from 1935 to 1939, was also the G. O. P. nominee for sheriff in 1938. In his announcement he invited “inspection of record during my previous term.* . He is married and has two chil-

dren. A lifelong city resident, he is

a member of Logan Lodge, F. & A. M, Sahara Grotto and Red men’s. He is a member of the Methodist Church,

CLAIMS HART WAS KILLED

BERLIN, Feb. 16 (U. P.).—An official Japanese news agency dispatch from Soérabaja, said that Admiral Thomas C. Hart of the United States Navy was killed Feb. 4 in a naval battle on the Java coast. (Hart recently resign: as ‘commander of united nations naval forces because of ill health, the Navy announced.)

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a TENPO OPPOSED

Parents and Teachers of

State Against Longer Hours for Pupils.

Both parents and teachers of pupils in Indiana schools were on record today as opposing any ine tensification of the public school program for wartime training and industrial purposes. The Indiana State Teachers As‘sociation, and the Indiana of Parents and Teachers, in a joint statement, criticized suggestions to lengthen the. sclbol day or week . and eliminate proper vacation petiods for the purpose of intensifying

and. shortening the training period.

This would be a definite hazard to health, the statement said. “The necessity. for child labor on the farms and elsewhere must be considered only as an emergency measure,” the statement went on. “Blanket. dismissals of of pupils for such purposes seem wholly indefensible. It is imperative ' that children be protected. from the emotional presstire of war.” The two groups joined in other resolutions, including recommendations for the schools’ co-operation with civilian defense, revision of physical education programs, traine ing of defense workers,

STRAUSS SAYS:

and when you

“the f the world ready: for-

& .

generously!

.® There is one notable exception. “THE Finest CoThes,” of coutse, are on Uncle Sam’s mea in Service,

finest’ clot

for 1942 — even finer than SH

£

wear Ing.

‘please be reminded that Spring

i

presentations of Hickey -Freeman

| {

| | |

customized suits are ready...

$65 to $105

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