Indianapolis Times, Indianapolis, Marion County, 28 April 1949 — Page 1
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60th YEAR—NUMBER 47
Court Drops Gaming
» Indictments Against
McNultys, 3 Others
Judge Bain Rules Out Charges on Technical
_ Grounds; Prosecutor Plans High Court Appeal
: By NOBLE REED
All nineteen indictments
accusing four well-known rol
litical figures and an accountant with operating baseball
lottery pools were thrown o today.
ut of court on technicalities
Judge W. D. Bain of Criminal Court ruled out the in-
dictments on the ground that facts and “essential elements] 2 with that degree of certainty required in criminal cases.” The defendants, freed temporarily at least from the lottery scheme charges, were Thomas H. attorney, and his brother, Edward R. McNulty, tavern operator, both prominent in Republican politics; William B. Miller, attorney; Ralph Hitch, professional bondsman, also GOP politicians, and Hugh Flynn, an
mccountant. * i Dailey Irked
I Prosecutor George 8. Dailey who conducted the extensive inestigation that led to the Grand Toy indictments last February, branded the ruling against the indictments as “a dirty piece of work” and anpounced he would
Bupreme Court. - “If such things as this can happen we might as well strike the gambling laws from the statute books of Indiana,” Mr. Dalley paid. * “I intend to move immediately to reopen the case with new evidence before the Grand Jury.” _ Seventeen of the indictments ruled out of court by Judge Bain accused the defendants of “making and drawing” a lottery and gift enterprise in violation of the state gambling laws. Other Indictments Two other indictments accused the McNulty brothers, Miller and Hitch with doing business under assumed names and failure to their operating comthe Hoosier Novelty Co. and the State Distributing Co. with the county clerk. In sustaining the defense attdr-
money are all unknown, " “Draw Conclusion”
“The indictments allege a mere ‘conclusion,’ stating none of the essential elements of a lottery as defined by statute. They state no facts upon which the conclusion is based or on which the state relies to prove guilty and thus enable the defendants to prepare a defense. “It is clear to the court that the indictments now under consideration do not charge the commission of the alleged crimes with a degree of certainty and particularity required in criminal cases.” > If Prosecutor Dailey completes
they failed to state sufficient
PRR Train Jumps Tracks; 20 Hurt
- Broadway Limited Derailed at Ft. Wayne
Times State Service FT. WAYNE, Apr. 28—Twentyone persons were injured today and many others were shaken up when seven cars of the Pennsylvania Railroad's crack Broadway Limited careened off the tracks here. The derailed cars, a double-unit dining car and six sleeping cars
juries to passengers and crew members, The ‘injured included three passengers, 17 dining car employees and a brakeman. They
here, where most of them were treated for cuts and bruises. None was hurt seriously, the hospital said. : Many others of the 184 passengers on the 15-car New York-Chi-train were shaken ‘up but did not require hospital treatment. The train was delayed two hours. Slowing for Stop The accident happened at the Piqua Road crossing, three miles east of the Ft. Wayne depot, a few minutes before the train was
|scheduled to make the stop here
at 6:23 a. mi (Indianapolis Time). A Pennsylvania spokesman said the train had started to slow for the stop and was not traveling at full speed when the derailment ed. =
» Cause of the accident was not immediately determined. Work was started immediately to lift the derailed cars back on the fracks with huge 250-ton derricks. Clearing of
| 8 right-of-way was expected to be| completed by 3:30 p. m. today. | George
Hospitalized were Mrs, Shockley, 75, of Mount Vernon,
ations; Louis Roden, address unknown, and Brakeman Wiliam 'Voltz, 61, of Ft. Wayne, who suffered back injuries. Seventeen dining car employees, believed to have been sleeping at the time of the accident, were expected to be released from the hospital tomorrow. All are from Chicago. : Tracks Broken Another passenger, D. E. Mills, 57, of St. Charles, Ill, who suffered abrasions over one eye, was treated at the hospital and continued on to Chicago. The tracks were broken by the force of the derailment. One piece of track snapped off and sailed over the cars onto the roof of a nearby shanty. Two coaches were hooked on the 15 forward cars and the engine when the train resumed
his appeal to the Supreme Court the indictments will be held in abeyance pending a decision. If the Supreme Court upholds Judge Bain’s decision, the indict-| ments will be dead legally and] stricken from the court records. | If the higher court reverses the décision, the indictments would be reinstated for trial.
Arrives Tomorrow
Preparations for the' three-day run of Cole Brothers’ Circus at E. Washington St. and Keystone Ave. were under way today, with the big tent show scheduled to arrive early tomorrow. Opening with a 2 p. m. matinee tomorrow, the circus will play
its run.- It was normally sched-
{uled to ‘arrive in Chicago at 9 ia. m.
(Indianapolis tin time). |
PT —
LOCAL TEMPERATURES
Gam... 46 10a m.. 54 Tah... £7 11 a, m... 87 | 8a m..49 12 (Noom) 58 | 9a m.. 49 1p m. . 89 | Times Index
Amusements .14/Mrs. Manners 20 Eddie Ash ..32Marriage ....20 Bridge ......12/Movies ......14 Business ....28 Needlework ,12 Childs ......22/Othman .....21 Classified .35-38| Pattern .....12 Comics + vv ++39{RadI0 +i0ves.13 Counter Spy .12/Ruark .......21 Editorials ...22 Side Gilances.22 Fashions ....11] Sports veee32-34 Food caksanesl2l Weather Map-28
daily at 2 and 8 p. m. through Sunday.
FOrum ......22/Earl Wilson .18 Gardening ...12/Women’s H, 12
Local Fans Get Houston, Miami in Television Freak
Programs Come In on Cincinnati Channel; Unusual Atmospheric “Conditions Credited
Local television fans were reception of Miami, Fla., and H
today, comparing “freak”
buzzing ouston, Tex., stations last night,
advancing theories to explain the event. a agreed that unusual atmospheric conditions were the
cause. One set owner, John W. Maxwell, P. R. Mallory engineer, said
Miami's WTVJ station took over
mally is received, for nearly five minutes at 6:45 p. m. with sumost perfect results. . Indianapolis sets affected were tuned to the WLWT channel of Cincinnati when screens suddenly became overcast with test patterns from Miami shortly before transmission became clear. Normally, reception is good only from comparatively nearby Louisville,
turned. The Miami channel ‘assigned to
WLWT, Cincinnati, and observers theorized that the strong Florida beam was boosted through Ohio by unusual conditions. _ Mr. Maxwell, acting on thei theory, altered his aerial setting! and picked up a baseball game! telecast fremi” KLEE in Houston,| Tex.,. after most stations surIndiana had left the air.
is the same used by
remained upright, minimizing in-|-
were taken to St. Joseph Hospital|
Wash., who suffered scalp lacer-|
:
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Reds And
Entered as Becond-Class Matter at Pasioffics Indianapolis, Ind. lssued Daly - :
etre BF
Gill Quezon’s Widow Daughter From Ambush |
= PRICE FIVE CENTS
THURSDAY, APRIL 28, 1949
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1
Truman Cheered By Soviet Offer Sn oir
a——— {
WASHINGTON, Apr. 28 (UP)|
conversations with Russia on lift-| ing the Berlin blockade and thinks|
faith. The President referred to con-| \versations between U. 8. Ambas-sador-at-Large Philip C. >. Jessup)
British force Russ to yield sel seized locks . «+ Page 1
and “Jacob A. . Malik, “Soviet ‘Dele-| gate to the United Nations Se-! curity Council, A qualified U. 8. official noted,
imeanwhile, that U. 8.-Soviet ne- she permitted Mrs. Reynolds to|eral flood control project aimed {gotiations have not yet reachedistay away from work for several at reducing flood hazard in the] |the stage of binding agreements.days because of her beaten con- Area
Given Word Only Diplomatic sources sald that Mr. Malik yesterday gave Mr. Jessup: “oral assurances” that Russia will lift the blockade if the West removes its counterblockade and agrees to a meeting of the Big Four foreign ministers on German problems. The State Department said Tuesday that the way seems clear for lifting the blockade on that basis if Russia means it. It appeared that this government | is now waiting for Russia to put its position in more formal terms. There were these other develop‘ments on the blockade issue: 1—Mr, Jessup reported to Sec-| retary of State Dean Acheson on| his talk with Mr, Malik in New York yesterday. Mr. Acheson met later with Mr. Truman. 2--Dispatches ig UN head-| quarters quoted a western | diplomat as Ai that rep-| resentatives of the Big Four will! meet in New York within a week to make final arrangements for! lifting the blockade and arrang-| ing the foreign ministers | meet-| (ing. : }
Ludwell Denny Sizes Up France
® “The finest result of Amerigan aid to date in France is" —- : * Ludwell Denny, ScrippsHoward staff’ writer and former editor of The Indianapolis Times, gives a broad picture of the France of today, slowly reviving under a ansfusion of American goods and doilars. He writes of both-the good and the shortcomings of ECA ald. . ¢ You—as a taxpayer
Jury to Get Reynolds Slaying Case Today
Mrs. Gertrude Reynolds, accused of the murder of her husband, shows her attorney, Lawrence A. Shaw, in Criminal Court 2, how she handled the revolver during the struggle with | her mate. In
{ with eyes blackened and face]
—President Truman said LT an he is definitely encouraged by |I. Rabb's court that on one a
the Russians are acting in Sovd)from mori due to her physical | CO on
10-Others Slaughtered As Band of 100 Fires On Manila Cavalcade
Filipino President Summons Cabinet For Al-Out War on Rebellious Huks MANILA, Apr. 28 (UP)~—Communist-led guerrillas fir« ling machineguns killed Mrs. Manuel Quezon, widow of first | President of the Philippine Republie, and 10 other persons lin a hill ambush about 100 miles north of Manila today: Authorities believed the guerrillas may have struck in the belief President Elpidio Quirino was in the Party with with Mrs. Quezon. | | The victims also included “+ (Mrs. Quezon's eldest daughter, Maria Aurora, 30, and her son-in-law, Felipe Buencamino III, an official in the Filipino Foreign Office and recently secretary at the Filipino Legation in Rome. | 3 Earlier reports placed the total! death toll at 13. But a careful} check at the ambush scene and in| § Manila showed that 11 persons had been killed : A government announcement tonight said & 12th person was missing and presumed dead, An estimated 100 guerrillas halted the six-car cavalcade as it wound around a zig-zag road In a mountainous, wooded section of central Luzon on its way to the Jate President Quezon's birthplace of Baler. There the 61-year-old Mrs. Quezon was to dedicate a { hospital,
Photo by Lioyd B. Waiton, Times Staff Photographer. the background, is Judge Saul I. Rabb of Criminal Court 2 and Miss Martha Harrison, court reporter. Her trial is expected to go Kill a Mayor to the j jury fuday, The guerrillas, armed with 50- | caliber machinegunas, tried to pull Mrs. Quezon from the lead car. When Mayor Ponciane Bernado
Co-Workers of Housewife Plans Set for New =: we Sh. Are Character Witnesses Sports Center a Sa, subs, of
[shot him dead One Testifies. That Blond Defendant orme PWipino. Chie of Batt, | Often Carried Black Eyes, Bruises McGinley Not Sure He Will Invite ABC
oak Filipino Chief of Staff, also sought to save Mrs. Quezon her, The Gertrude Reynolds murder trial was to go to the fury this, afternoon. | /By WAROLD MARTLEY | | | Defense Attornéy Lawrence Shaw closed his case thin morning y Times Business Roller pfaurvivar of the load car; in. hel by producing five féllow employees of the blond housewife at mC Development . Victor as character witnesses. 3 One of them, Mrs, Ruth A. Dowell of 19 N. Gladstone Ave. shop south side of X. 38th St. across are coming!” They stripped the steward at the RCA plant; testi-| : ~ [from the State Fairgrounds will ‘bodies of their victims of all
fied that Mrs. Reynolds frequently i valuables, including Mrs. Quefied that Mrs. Reynolds rani; Nama Appraiser {begin the next few: months with!
zon’s jewels. [the construction of a 40-alley Ak of the cars were 50 badly! {bowling building. ‘
{riddled with bullets they had to!
Mrs. Manuel Quezon
| bruised after beatings from her { husband, Richard. Mrs. Dowell told the jury of nx d six women in Judge 8.
For S al Proi ect | Willism McGinley, owner of the|be abandoned. The survivors/ Maria Aurora G |Parkmoor restaurant and 11% ad- Jamong the original party of 50, from the car. I tried to protect
| jacent acres, said in St. Louls « this Included at least three wounded. ner, {morning that he had not yet de-/ “T heard Mayor pie Cleared for cided whether he would bulld to ihe attack came so suddenly THI is Mes. en ha reek Construction! eontorss jo the Juquirements of that the escort of constabulary | shouted, A man fired a Garand The ‘way was cleared today to i= * mer oa Bowling Congress troops failed to return the fire rifle at him. He dropped dead. begin construction of a $1 million pity of Te Its tourney here| and the assassins escaped, It was Knocks General Out [bridge on Indiana Ave. over Fall next Year. believed that the guerrillas may. “So I put my arms around Mrs, {have beli¢ved President Elpidio Quezon to protect her. Then the
‘reek. Mr. MgeGinley, Texas rancher band right cheek Dowell, a handsome, middle-aged] Mayor Feeney announced the! and chain restaurant opsrator, | Quirino was among those. in the bas I hit me on the } must have
widow, told the jury, “the poorigpnointment of Earl B. Teck- arr hile Jeported for a A meyer as City appraiser to - ee airport rig porta) TheY. struck in the Mi host eco, out 15 slimmed 2 Pair » bruised. Ha ne as chase property for the bridge center which will be of building |, nga heart vary a Piovinge, . next thing I know waa JO p right-of wa, oh Rob. block with a brick exterfor. It. run by members of prog Ao ils Bi a r a Mrs. Dowell told the jury, un-|Coilier and Robert Aliso On| ill be 240 by 135 feet. and if It Hukbalahap (dissident sant) qn top of M hi 0. Allishould house the ABC it would be! | movement. Bison po ND a Mr Y Jatt ar aS ” n's n
ider examination by defense at- are real estate men. lex panded to 265 by 190 feet. ! I that! The b . ed- | The Huks, as they are {Bot nd the mayo read jiorney nee A, Shaw. 8a he bridge 1a a joint City-P Requires 22-Foot Ceiling have been terrorizing the Taos were he 1 iy ar ire No Requirements for the ABC in-|countryside since shortly after{someone to get the others off me.
Strike too Fast } sion last year, she was forced to permit Mrs. Reynolds to stay
Describes Injuries “On this one occasion” Mrs.
fT
-y
{of the utility. . Yesterday after the explosion)
dition. When the defendant returned] to the plant, Mrs. Dowell said. | she wore dark colored glasses for almost two weeks, Other witnesses who took they stand in defense of Mrs. Reynolds | testified to her ‘general good| character and the deep affection] in which she was held by other) employees at the plant.” | Named Husband !
One of the witnesses told the! jury that on one of the occasions when Mrs. Reymolds came to work, her eyes discolored and her) face bruised, the defendant told |
(Continued on » Page 3—Col. 1
Blast Victim P
Complaint With Gas Utility Reds x Miles
Home Will Have to Be Entirely Rebuilt, Owner it Says; Legal Action Possible
secs
Photo,
within the fork of Fall clude a 22-foot ceiling to. sc-|the liberation of the Philippines| “Some fighting still was going (Creek and White River. jcommodate the tall score boards/from the Japanese. They are/on. Probably the reason I was not Shift Creek Channel and a grandstand for 3000 spec-|supporied by the Communists, |ahot was that the robbers thought The Federal government wil) tators. This would be used only|Their leader, Luis M. Tarac, is an 1 already was dead. When I stood {begin work on the bridge as soon|dUring the tournament.and would | avowed Communist. Lup, I saw ‘Baby’ (Maria Quezon) {as the City acquires the necessary | entail additional heating and air| President Quirino, shocked ation the ground two yards away.” property for the new right of way, |eonditioning expense. the tragedy, ordered a full-scale . 8. Engineer Robert Walker dis-|! Mr. McGinley said he had “not military campaign to clean out] [8X made a trade” yet, but that he|the Huks. He said he would: re-| Grade Teacher Mr. Walker said the - project! intended to hive the alleys ready turn to Mauils tomorrow for "H rt C h would shif or use all. emergency cabinet meeting on the! t the channel of Pali of the| situation. He wis at medias v in ras Mrs. Mayfair Boyd, 51, second
{Creek to eliminate a bend at th Further development Pout i ® tract is expected with such busi-|{home at Baguio when notified of grade teacher in Indianapolis {School No. 46, was injured. this
City Engineer M. G. (Ole) Joht: P¢s8 bulldings as are desired by! the attack. Being a business man, Mr. Me- ‘morning when her car was side
son said the work wil probably *uitable tenants. Many Openly Weep {start during June or July of this Stunned, indignant year, . {Ginley Is interested in an adequate {gathered in silent Shant Plipinos) swiped by a tractor-trailer at the The City will pay the costs of] {return on his investment. And, {he Quezon home in Manila. Many metsection of Lypdhurst Dr. and a spokesman said, if it can be wept openly over the death or| ROM 47.
fhe additional right-of-way and h h or a portion of the bridge con- 0 | Ww ry the housing of the Mrs. Quezon, revered as the Mrs. Boyd was on the way to struction cost. A i pro able, he then might “mother of the Filipino people.” her school from her residence in | ons er: housing it. | Among the others killed in the Friendswood, two miles southeast e was to confer with build- ambush were Col. Antonio -San!0f Camby, when the accident oce ters here this afternoon. | Augustin and his brother, Maj. curred. Bhe was taken to Method | Primitivo San Augustin; two other ist Hospital where it was reported _ army officers and several soldiers her injuries were not serious. ° of the Philippines constabulary. | Deputy sheriffs said a Swift & An eye-witness account of the Co. tractor-trailer driven by Her~ {ambush was glyen by Gen. Jalan- man T. Neill, 25 of Ev doni on his return to Manila. [struck the automobile, The trailer, “The ‘bandits, lined both sides’ loaded with 20,000 pounds of meat, {of the road and stopped the cars, wjovertutued while Mrs. Boyd's car
lans to File
{
From Shanghai
Page 3
"" The owner of the house damaged by a gas explosion said Satine! | he would carry a complaint of negligence directly to Thomas Kemp, general manager of Citizens Gas & Coke Utllity
Howard H. Barnes, 42, of 5556 W. Ohio 8t., charges it was the 55 pr ot ioe Plan bo Put Warning Signs
fault of the gas utility that the explosion occurred yesterday. The!
blast which rocked the $8000 four-room home shortly after nmoon|last Ameri : Whe D C R > oust American’ evacuaion’ mi Where Deer ross oads
yesterday moved the structure off , its foundation, cracked walls, bursted doors and window frames. | He sald the home probably would] have to be torn down and rebuilt.
receive satisfaction from Mr. Kemp he would probably ‘turn the matter over to an attorney, Mr. Barnes is a former employee
Cites “Scuffie” he and Citizens Gas employees scuffled in the front ‘yard over] possession of a regulator valve which had been taken from his
Mr. Barnes said if he did not. pressure to enter the home ap- vanguards had reached the rail-
[he sald. “All of a sudden, I sawicrossed a ditch and unged |e bandit try to pull Mrs. Quezon [through a fence into a . fold
By ARTHUR GOUIL United Press Staff Correspondent BHANGHAI, Apr. 28- -Chinese
Meanwhile, what may
a small stone under the valve of | Navy closed virtually all its re-| |the regulator. (maining shore installations. The stone kept the Valve from| = Nationalist garrison headquar- | seating and permitted too much ters announced that Communist
Proposed as
Conservation Move
The Conservation Department jo way town of Weiting, 35 miles today anndunced a “protection-§ west of Shanghal and 10 miles ary” measure to conserve deer east of Boochow, in a fast-de- (and fenders at the same time. veloping assault on China's big-| Col. Millard Davis, superintendgest city. ent of conservation officers, orThe Nationalist defenders still dered a survey to locate points | were holding out at Quinsan, a where deer cross highways. The jf
pliances, -- - Mr. Barnes said he believed the gas had filtered into the house from the outside escape vent attached to the meter and was ig{nited by a spark from the electric sump pump in the basement. -
Mr. Kemp today said he had larger railway town 29 miles west deer crossings will be posted with fia no comment to make on the ex- of Shanghai, Nationalist head- “slow” warnings to motorists, the WZSriis plosion. He said Mr, Barnes had| quarters said * |department said. y
Not only have several of the § s protected deer been killed
dent Wilson for Japan with 162/department said, but in addition to 145 pas-/have been banged up, S50 far hosengers who previously had body has been injured. sxtept the naked passage. - A
He said, Escape Toutes for Americans |
*