Indianapolis Times, Indianapolis, Marion County, 3 October 1947 — Page 13

your , d like hard. ictive, | size nt for

"In Ganing Case

certain broken sections of 8. R. 168

FRIDAY, OCT. 3, 1947

Judge Frees 4

Bain Cites New

Interpretation of Law Pour defendants who had been found guilty in Municipal Court on gambling charges were acquitted by Judge W. D, Bain in Criminal Court 2 today following hearings on appeals. Judge Bain said he also would rule that two other defendants convicted ‘in the lower courts are not guilty. = The acquittals were based upon 8 new interpretation of the state gambling, laws by Judge Bain. Defendants under the new ruling were Malad, 2223 Avondale Ave, fined $50 and costs by Judge Alex Clark, on a charge of keeping a gaming house; Virgil Ramp, 1612 S. East St., fined $25 and costs by Judge Joseph Howard on a charge of operating a lottery; Charles Beard, 1332 N. West Si, fined $10 and costs by Judge Howard ona charge of keeping a gaming house, and Andrew Wilson, 907 Paca St. fihed $50 and costs and sentenced to 10 days by Judge Clark on a charge of gaming, Case Called “Hot” Judge Bain said he withheld an acquittal decision on a fifth case, that of Ray Thompson, 2146 Shelby 8t., “because it had been suggested to the court that this case is “hot” and that a conviction was necessary. » _ The judge refused to disclose the sources of the court's information regarding circumstances that caused the case to be described as “hot.” Thompson was fined $35 and costs by Judge Howard on a charge of operating a lottery. The sixth case in which Judge Bain said he will return a not guilty verdict was that of Henry Gooch, 804 W, 12th St.,, who was fined $15 and costs by Judge Howard on a charge of advertising a lottery. Division of Property ‘In the lottery cases, the judge said that the law prohibits the sale of “lottery tickets for the division of property to be determined by chance.”

“It must be clear to anyone that | the purchaser of a lottery ticket is|

not entitled to participate in the division of property since there was no property to be divided and no property. which could be divided,” Judge Bain said.’ In qthér words, Judge Bain explained that the affidavits against the latterx defendants “contemplates that there exists some property to be divided.” : “In the Thompson © case there was no evidence proving, or even tending to prove remotely, that any property was to be divided,” he said. Rules for Acquittal In the Gooch case, Judge Bain said he will rule for acquittal on the grounds that evidence of the defendant’s advertising a lottery was insufficient. “Police officers merely testified that they saw him standing in a window holding some pick-and-win tickets which could not be interpreted as advertising a lottery,” the Judge declared. Judge Bain explained the other acquittals by saying that police offi‘cers failed to present evidence sufficient to establish lottery and gaming convictions under the “property division” clause in the state law.

State to Improve 17 Miles Of Gibson County Roads

Seventeen miles of Gibson county roads will be improved under a contract signed Thursday by the State Highway ° Commission, Chairman John H. Lauer said today. State Road 165 will be blacktopped for 5.1 miles from the Posey-Gibson county line to about two miles southwest of Johnson, and for 4.7 miles to the west edge of Owensville. - State Road 168 will be hardsurfaced for 7.3 miles from Owensville to U, 8. 41 at Ft, Branch. Mr. Lauer said that as much of the preliminary work as possible would be completed before winter. He added the contract fequired that

be repaired within the next two months, The low bid of $234,755 was submitted by W. L. Magaw of Richmond.

American in

L. Trujillo Molina.

lapsed the plot.

"General Mar-

self-proclaimed

Vafiades, alias kos" "is _ the commander of the Greek quer- | rillas, whose activities are being |court, 376 rank-and-file revolution-|to Cuba.

Americans Named

investigated by the UN Balkan Commission checking on Communist “influence in northern | Greece.

DR. HOLMES TO PREACH Dr. Arthur Holmes, Butler Uni-

{Camp Columbia, near

{tary misfits {Ciudad Trujillo a week ago.

sermon at Sweeney Chapel services |{lumbia,

professor of psychology and phi-(as Americans: Capt.

Americans Held In Cuban Plot |

A spokesman for. the United . . . States Embassy denied that pres- Held in Miami ' sure from Washington had col-

The conspiracy was finally broken up last Monday with the capture of 900 men by the Cuban Navy.

aries were released last night from! Havana, was arrested here yesterday by U. 8S. [These were the men the expedi- customs agents. He faces grand Jury tionary force had cast off as mili- action in November. before it sailed for

Dowell Sherwood, Ernest I. Stock and. Rupert Waddle. and Pvts. ‘Thomas Mawyer, Samuel Stock, William Pickett and David Flagatt.|

No charges had been placed against any of these men,

the 900-man expeditionary force. They , included eight generals, five

and second lieutenants and a liberal representation -of sergeant-majors, sergeants and corporals.

The arms and ammunition they

Former RAF Pilot

MIAMI, Fla, Oct. 3 (U. P).—A former RAF fighter pilot, described| as “connected with the revolutionary movement” against the Dominiean Republic, was held on $1500 {bond here today on charges of ille-

By order of the Cuban Supreme 8ally exporting a P-38 fighter plane

Arthur Roscoe of Hollywood, Cal,

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THE INDIANAPOLIS TIMES

“The Cuban Army announced that|U. S. Denies ‘Pressure’ |15 nationalities were represented in

"To Halt Invasion HAVANA, Cuba, Oct. 3 (U. P.) lieutenant colonels (no colonels), 13 The Cuban government today is ‘majors, 50 captains, about 150 -first reported still holding eight or 10 connection with the aborted plot to invade the Domiinician Republic and overthrowjhad with them were valued at $500,the regime of Generalissimo Rafael|000.

PAGE n

Legion Unit Named In Hospital Fight

A committee of three Legionnaires today were heading their organization's attack on the location|® of the new veterans’ hospital on Indiana University Medical Center ground, J Led by John Samulowitz, state chairman of the Legion's general hospital committee, the three committeemen intend to carry their camapign to Congress if necessary to locate the hospital on Cold Spring Rd. near ‘the present veterans hospital. The committee was formed at a meeting of 11th | District Legion last night.

{

Other members of the committee|tion.

Legion commander, and Dr. Burleigh Matthew, commander of they Paul Coble Legion. post comeed of 175 physicians.

a $10 million veterans hospitdl on the medical center grounds. Mr, Samulowitz said the Indiana Department of have voted last year to recommend

are Ray Grider, past 11th A Drinkut Bother ! |

‘To Be Dischar od : Marine Bgt., ge C. Drinkut,' Expert Watch & Jewelry Repairing.

“The Veterans Administration re- {his brother Richard, a ship fitter] cently announced it would construct

|veteran of the Peleliu invasion, and! 3-DAY SERVICE Free Estimates— th-a-Sea Bee unit, are both due Re Satan.

return from Guam for discharge sometime in November, They are the sons of Mr. and| Mrs. Edward C. Drinkut, 1114 Ridge-|} 108 w. WASH. ST. . Claypool! Hotel Bldg. Amerjckn Legion|view Dr, |

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the hospital be built as an addi-| tion to the present Veterans’ Hos-| pital. He sald at that time it was) estimated the addition would gest! $2 million. : The committee intends to learn why the Indiana department has| taken no action to carry out the will of the 1946 convention resolu-|

Customs Agent Chester A. Em {erick said the 26-year-old flier flew The 900 members of the expedi-| the surplus fighter plane to Cuba versity professor, will deliver the tionary force were still in Camp Co-| from Tampa, Fla, on Aug. 15 and| | joined other pilots allegedly involved at 11 a. m. Sunday. Dr. Holmes is| Officials identified the following!|in the revolutionary attempt which Hollis B. was halted by the Cuban governlosophy of religion at the university. Smith, Maj. Daniel Martil, Capts. ment this week. |

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