Indianapolis Times, Indianapolis, Marion County, 14 October 1949 — Page 1

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The Indianapolis Times

FORECAST: Partly cloudy through tomorrow. Outlook for Sunday: Fair and somewhat warmer. Low tonight, 48; high tomorrow, 65-68.

FINAL ; : HOME

PRICE FIVE CENTS

60th YEAR—NUMBER 216 Te

ey FRIDAY, OCTOBER 14, 1949. Be danaoss. 1nd. lated DRG

1 Top Reds Guilty Of U. S. Revolt Plot; Jail 6 Defense Attorneys For Contempt

Dailey Maps Fight Chinese Reds Gov. Schricker Ready Verdict Outlaws Party; To Bar Watts’ Release Tg March Into To Order State Police Group Faces 10 Years From Murder Charge poni0n Tonight Probe of Muncie Vice And Fines of $10,000

Prosecution Likely to Rearrest Him Ministerial Group, Blaming Politicians Sentences of Counsel Range From. 30 Days If Court Holds Indictment Illegal For Crime, Seeks Trooper Patrol of City To 6 Months; Jury Deliberates 7 Hrs. 2 Min. : : | By IRVING LEIBOW . D. QUIGG, U Prosecutor George Dailey went into seclusion today to, Gov. Schricker said today he will ask state police to NEW YORK, Oct. 14—A federal court jury today draw up his reply to an action which seeks to ree Ropert) investigate the relationship between the double slaying in found the 11 top leaders of the American Communist Party Austin Watts from indictment for the 1047 slaying of Mss oy ARTHUR M. GOUL |3 Muncie tavern yesterday and reports of widespread gam- guilty of conspiring to teach and advocate the overthrow Mary Lois Burney. ~~ . .. | HONG KONG, Oct. 14 — bling there, if such a request is received from civic and re-| of the government by violence. The prosecutor will file his brief Monday in Shelbyville, |v + unist troops massed ligious leaders. Immediately afterward, six of their attorneys were before Judge William F. Marshall. After studying this and); an hour’s bus ride from! Earlier, Delaware County ministers and civic spokes- sentenced to prison for criminal contempt of court. the defense reply, Judge Mar- . downtown Canton were|— = ———— men said they would ask the In effect, the verdict out. shall will rule on the aetense Showhoat Skipper . 1eduled to march into tne Blin M Bloc governor to patrol Muncie lawed the American Commucontention that the Watts’ in- city during the night, a tel. g dy with state police until “wide|

nist Party. . dictment is {open gambling” is brought under! The jury deliberated only, i

seven hours and two minutes

Nationalist Forces ~ | All Gone; Hong Kong In State of Alarm

Eugene Dennis

|ephone report from the provision-!

{llegal because of! » . “systematic exclusion” of Negroes, S S Wil [re {al capital abandoned by the Na-| I f Boilers | control. { from the grand jury. | tionalists said tonight. | | The Rev. John C. Roberts, Min-|

Cites U. S. Ruling

The defense’s first brief, filed at| the conclusion of a hearing on a] plea in abatement yesterday, |

Gets Warrant Served,

Five advance units of political workers virtually completed ne-

Goes Free on Bond {gotiations for the peaceful turn-

seeks Watts’ release on the! j,.i Ensley, skipper of the! strength of a United States Su-/gnowhoat., was back in court! preme Court ruling in another goqin today, this time asking to case. be arrested.

ON PAGE 7 British speed plans Hong Kong.

to defend!

County Home Faces | Heating Problem

A recent opinion by Attorney | General J. Emmett McManamon

was seen today by county commis-|{TUP

If Judge Marshall does sustaini with his attorney, Peter Can-/ Czechs clamp rigid curbs on sioners as a stumbling block to

the motion, the indictment against|cjjj3, Ensley went into Municipal Watts will be invalid and there court 4 and asked that Judge

will be no legal charge pending ajex Clark force Sheriff James) against Watts,

happen the prosecution probably arrest. i will be prepared to arrest Watts| “We understand through rumor,

church. Budapest court upholds sen-

tences.

Cunningham to serve a warrant Stalin hails East German state. mates would ‘suffer, since the However, even if, this should charging Ensley with resisting! poubt report of Red atomic blast Present equipment cannot heat Hee)

July 10.

immediately on one of several that the sheriff has an extra war-| other charges. He might be ar-{rant not served on resisting ar-| rested for indictment on murder rest and we think he's going to, of Mrs. Mabel Merrifield, which he hold it until 3 a. m, some morn-|

also confessed; for reindictment ing when Jack is sound asleep,”| on the Burney slaying or for nu- Mr. Cancilla said. { merous attacks on women, some “Mr. Ensley is not a well man|

of which he confessed and others. . . we want it served and out| in which victims identified him. {of the way.” The state was prepared to Free on $100 Bond i do none of these things in Shel-| The judge's bailiff, Sgt. James by County Circuit Court yesterday Langsford, called the sheriff and| when for a few tense minutes it/learned there was -one warrant | appeared as if Judge Marshalljwhich had not been served. would sustain the | Ensley then surrendered on the!

and free Watts immediately. charge and was freed on $100 y bond. * Ruling Postponed Later Sheriff Cunningham, |

The prosecution attorneys post- speaking through his attorney, poned the judge's ruling by ask-|Herhert Spencer, said the war-| ing time to file a brief in Teply: rant was not served with the affi-| to a defense brief. They were gavits because it was not ready!

over of Canton to the Commu-| nists, a message from the scene at mid-evening said. | The evacuation of the Nationalists was reported complete, The last of them, wearing red and white armbands as marks of iden-| tity, were said to have gone. | Air raid sirens which signaled the approach of Japanese bombers in another war will be used to notify the Communists of the Nationalist all-clear. The news that Canton soon would fall to rampaging Communist forces sent top govern-| ment and military officials in| this British crown colony into urgent meetings. | Hong Kong lies only 80 miles southeast of Canton. | A telephone message from the;

repairing boilers to heat the Ma-|

rion County Home this winter. |=

Officials said they feared in-

buildings. | For 14 years county commis-| sioners appointed a three-man! committee to set the prevailing! wage scale on all new construc-| tion projects in the county, as’ specified in a 1935 act of the Gen-| eral Assembly. Early this week, however, plans to retube the boiler heating sys-| tem at the county’s home for the, aged were stalled by the appear-| ance of the union, representative who said the county must either employ union men or pay the pre-| vailing wage scale for boiler makers. The union representative, Wil-| liam Curtain, business agent for, the Indianapolis Boilermakers’|

|Local, said he was prepared to of the Muncie United Brethren

back up his demands by the recent opinion of the attorney general. |

isterial Association president, charged Muncie politicians were indirectly responsible for shootings which also wounded five other men because open gambling and prostitution are permitted to

“I blame Muncie politicians for the death of the two men in the

"Photos, Page $ gambling den,” the Rev. Mr. Roberts stated. He and other ministers said

they would appeal to the Governor for help,

“Politicians have let gambling °

and boozing run wide open here,”|

the Rev. Mr. Roberts asserted. “They have the blood of these men on their hands. -“I think the time has come for state police to move in and stay on the job until decent citizens have a right to be proud of the community in which they live. “A tolerant attitude toward the underworld is responsible for this latest outrage. Muncie is the Midwest mecca for fugitives from the law.” Backed by Civie Leaders The Rev. Mr. Roberts, pastor

Church, was joined by civi¢ lead-| ers and businessmen in his de-| mand for state aid to clean up

of the U. 8S. Communist politburo guilty as charged in the indictment which alleged that

tion to bring about a “dictatorship of the proletariat.” Judge Harold R. Medina, who had presided over the nine-month-old trial with a firm calm despite the efforts of defense attorneys to force a mistrial, then proceeded with dispatch. Thanks, Dismisses Jury He first dismissed the jury, with thanks, and a warning not to discuss the case with anyone. He then summoned the six attorneys, including Eugene Dennis, No. 2 Communist who acted as his own lawyer, to the bar and found them guilty of criminal contempt. Their sentences ranged downward from six months to 30 days.

in all in finding the members| *

they plotted armed insurrec-|:

Judge Harold R. Medina

the judge anew, following the model of defense denunciations of the bench established during the trial. He said there was no grounds for citing the lawyers for contempt and Judge Medina’s action

Sentences will begin Nov. 15 to

|give them time to draw up appeals

from the jury's verdict against

~ the Communists.

The citation and sentences were based on the attorney's conduct in the courtroom. For the nine the of the trial, they had re-

§ peatedly denounced the court,

baited Judge Medina, and ignored

was “a reflection of the bias and

“Your homgr's' conduct is against every judicial canon of ethics,” he said. .

Judge Ignores Remarks The jurors left the {before the attorneys. ‘were ei land sentenced with rapid- five

his.| i I granted until Monday to do this. at the same time. He had planned) British consulate in Canton at|

The hearing in Shelbyville yes-{to serve it on Oct. 27 in court,| aid the city still was quiet The county council at a meeting City officials, who came into terday, which produced the loop-\ when Ensley appeared or the{hOOn sald 2 cily su! wasg [last summer, appropriated $8200 office as the result of a reform| hole through which Watts may|original charges of ‘keeping a {for repairs on the boilers at Juli- movement two years ago. denied!

escape trial for the Burney slay-|gaming house and disorderly con-| The Iessage from Bie Satish etta. [that gambling was as widespread ing, was on a defense plea in duct. | |

.| Contract was awarded to the as the minister charged. They abatement. In this motion the Mr. Spencer added that Mr, |!f00PS could be seen in the City, noqy Tank Manufacturing said the shooting was simply a| defense contended the indictmen |

; Cancilla had not heard of the at that time. Co., of Indianapolis, which sub- holdup. against Watts is illegal because

warrant through “rumor.” The {mitted a bid of $7900. | The pastor's charges came as|

of “systematic exclusion” of sheriff’s attorney said he himself | 1 1 { “This sudden turn in events,” the families of the slain men, | Negroes from the Marion County told Mr. Cancilla of the warrant ewIS in rong {Scott Ging, county attorney, said,| Theodore W. Raines, 45, and

$8200 Appropriated {the city. his instructions. Criminal con-

conduct in a courtroom, | Pariouney had only one anewer: oy Yrs were not required |i, indge's instructions. Finally he remanded all 11 ay 3.1ew people wi en Boley Communists to federal prison grapie Communist-led demonstrauntil 9:30 a. m. (Indianapolis tions, including one last night Tune) Bex) Friany when he willl when the jurors left the court- : {house for the hotel where they Dennis was both a defendant spent the night. and one of the six attorneys. But | The jury returned to the court« his status as defendant was the room at 10:27 a. m. (Indianapolis |controlling one and he went to jail time) after having deliberated {immediately rather than remain- seven hours and two minutes. The |ing free until Nov. 15 with the jury foreman, Mrs. Thelma Dial, other attorneys. By special per-ireported that the jury had found /mission of the court, he had been “each of the defendants guilty.” {permitted to serve as his own| The courtroom was filled, and (counsel, although he is not al

speed. To the questions of ré-

Benjamin Davis

Grand Jury for 40 years. in a telephone conversation yes- [“will mean that the old people/ Dewey Willis} 52, were. making] The state, however, argued that! terday and had explained the . » lat Julietta will freeze this winter./funeral arrangements. i Negroes had been called for serv- sheriff would serve it in court. Labor Un |It.is impossible for us to relet bids| The victims died in the back] ice but for various reasons had Meanwhile, a hearing on an in- | | {and have the job completed before room of the New Deal Cigar, not served. |junction seeking to keep the {the cold weather sets in.” { Store, cut down by bullets from} Witnesses, including Judges sheriff from making what Ensley u AFL J . UMW Kennedy officials, Mr. Ging de- the gun of one of two hoodlums! Saul Rabb and William Bain of called “nuisance” raids on the! rges oin iclared, are reluctant to proceed who police said were trying to Criminal Court; former Judge dine-dance-dice spot is scheduled In Backing Steel Strike with the job because the law pro- hold up the card players. | Dewey Myers; jury commissioners at 3 p. m. today before Superior WHITE SULPHUR SPRINGS vides a $00 fine for violation of] Says Holdup Planned- | S| J Jilli iggins. ios Te, tute. | i | A. Jack Tilson, Mrs. Joyce Loomis| Court Judge William Higgins lw Ve. Oc 14 (UP) Unites] T° statute Wildeat Stvike | Meanwhile, George Gratzer, 27,

|dictmepts, all {been imdicted for their member- . {ship in a party which advocated Plea Fails fo land taught the violent overthrow| . {of the government, ‘Convince Judge

| { Forced Underground

join the UMW in pooling thei|upion is aroused, he added, Ken- MOrning he and his companion, resources to back the CIO United nedy officials fear a wildcat strike Donald Dalton, also of Bedford, {Steelworkers battle for a welfare will be pulled at their South Side Were attempting to hold up the| |program. | plant. | poker game. oH Mr. Lewis, whose own union is| The county attorney said that| He said Dalton began shooting| [locked in a 26-day strike against| for the past 14 years county offi- When Manager Ralph Frazer re-|

d R M fi jury eetetmem————————————— {member of the bar and not a law- (Continued on Page 8—Col. B) an 088 oore; former Bd J | { ; {ver ; i {Mine Workers President John L. v Mr. ©f Bedford, wounded in the |y f— - secretary William Huse and - . : 7 he Kennedy corporation, Y. shooti told G : {" In addition to the conspiracy in-| > former ~ deputy “prosecutor “in| PFOMHCT NO KAM [ou aior? too, AT voor Cin said. 1 an open shop. Ir the SOVIRE: 00, driest toi detenaants naa ‘Drunk on Love charge of gran y |

testified

Steers there was no; systematic exclusion. (Over Week-End One of the defense's awn wit-| nesses, Chester Ridley, 2405 N.| Oxford St. a Negro called tol

: v | LOCAL TEMPERATURES [the soft coal industry, proposed | cialis believed the law applied only | sisted the holdup, and that one| . This meant, legal authorities; IT WAS love, not liquor, that serve on the grand oY Bis bi 6am... 47 10a m... 62 |& $25 milion a week contribu-\to new construction. But the at-|of Dalton's bullets struck him in| or |said, that any or all of the Com-|caused the arrest on intoxication six months later indicte a a Ta. m...48 11a m... 95 (tion to the USW—‘this great torney general's opinion asserts the hip, shattering the bone. {munist Party's estimated 60,000] charges of a Mars Hill wom said he did not serve because how 8a. m... 58 12 (Noon) 66 |union”—with the UMW and nine tne act includes all types of re- Gratzner said he staggered to id {members could be indicted on the! id hanisels to basi 9a.m...58 1p m... ¢7 [international unions of the AFL pair construction and mainte- the automobile the pair were & \same charge, now that a jury had| Der 1awyer declared in Municipal

|sharing equally. Inance work on county buildings. Using and that Dalton urged him % | Not a drop of rain will mar| In his greatest bid for labor| The three-man committee is to flee. Gratzer said he refused) time BL work. his, Week-end football games, outings unity in 13 years, the unpredict- anointed by the Governor, the Pecause he needed a doctor. Hel Another Negro called for t 4.0F motor jaunts to the country to|able mine chief wrote AFL Presi-\gtate Federation of Labor and quoted Dalton as saying: same duty, Mrs. Josie Clay, 542i, Hoosier harvest foliage, the dent William F. Green, proposing she county commissioners. | “I know I killed one or two Douglass St., said she was told| wip oor said today. {that the fund be administered by| If the attorney general's opin- Men: They'll want to burn us (Continued on Page 3—Col. 5)| He said temperatures would! the AFL. for this. 1 know 1 shot one

(found the leaders guilty. This,|COUrt 4 today.

they added, meant the party] Attorney W. Gordon Davis was would have to gu urderground. |speaking in behalf of Miss Pearl | Dennis himself, in his final ar-!Gerholdt, 3337 S. McClure St. are {gument, had said the party would rested Oct. 8 in the 300 block of

|go underground if the leaders w washington St. An unidenti were found guilty.

cause he did not want to lose;

Gus Hall

fon stands this will mean that | all maintenance men employed y the county must receive union, wages, Mr. Ging said. If such regulations were to be enforced the already tight budget of Marion County would be seriously drained. Mr. Ging said it would quite possibly raise next, ar'’s tax rate to somewhere around $6 or $7 in order to get| the necessary funds to comply] with union demands. | 1 |

Bell Telephone Rate |

Hearings to Resume The Indifna Public Service| Commission will conduct further hearings Nov. 7 on the Indiana] Bell Telephone Co. petition for higher rates. i Arnold J. Atwood, commission] secretary, said today that the hearings will begin at 10 a. m. in the State House. | Public Counsellor William E.! Steckler said he would attempt] to present the inner-workings of |

Hoover to Attend Army-Navy Game

WASHINGTON, Oct. 14—Maj.| Gen. Bryant E. Moore, commandant of West Point; learned that Herbert Hoover had not been invited to an Army-Navy football game since he left the ‘White House. The general immediately sent an invitation to the former President, Mr. Hoover accepted and| will attend the grid classic in| Philadelphia on Nov. 26.

Read Next Sunday's Times For These Exciting Features =: wim:

The Sunday Times again h

features to interest EVERY memher of the family of all ages in addition to the up-to-the-minute news reports:

" For the sports fan , . . That series of stories by famous grid-| iron players and coaches—' MY GREATEST DAY IN FOOTBALL"... also... diagram action pictures of leading grid games . . . results and scores of ALL the top games . . . and the complete roundup in the world of sports. For the women and girls . . . a picture story of the Panhellenic Association . . . a story of how

range from 43 to 70 in the north! A. Vital Conflict

: Joining common cause with the and from 48 to 76 degrees in the i i southern portion of the state Steelworkers, now on strike .for|

+ {14 days, Mr, Lewis told Mr. Green: through Wednesday. Rain Mon-| “One of the great segments of!

| bring up to one inch of water to|CTEAnIZEd labor is engaged i vital |economic conflict. refer to e| portions of the state, forecasters United Steelworkers. It's adver-

The mercury in downtown In-| dianapolis was expected to shims) to 65-68 tomorrow after a low of| 48 tonight. Partly cloudy skies panies in this barbaric attack were expected over the city {upon the steel workers are the ma-| through tomorrow. {jor units of several other indusLots of sunshine and somewhat i jeq the investing insurance comwarmer temperatures were fore-| hanies and the Dupont and Mellon cast for Sunday. {financial empires. “These formidable allies are out to crush the power and destroy! the structure of the Steelworkers! {Union. This must not happen.

financial credit and powerful beyond compare. “Allied with the basic steel com-

as lined up a “hit parade” of

Mayor's Sister Reported Better

For Everybody ... The human: Mrs, Loretta Feeney Marquette,

interest story of how a group of! sister of Mayor Feeney, was re- the Telephone company’s pension| folk in southern Indiana “pitched ported in “improved” condition fund. { in” and put up their own tele-| today at Bon Secours Hospital in! !

phone systema . . . The Tampico Grosse Point, Mich, following a Telephone Line . . . and . . . the heart attack Tuesday, the Mayor story of the nation’s smallest| said today. y regulated railroad . .. consisting] Mayor Feeney, who returned of a 40-year-old locomotive (the here late yesterday after ‘rushing first and only one the line ever to his sister Tuesday when "she had) and one coach . . . the rail- was stricken, said he might reroad that runs from Ferdinand to| turn to the hospital in a day or Huntingburg . . . bossed by altwo. Mrs. Marquette was in se-

isaries are entrenched, of limitless! e

|

Hurricane Reported 600 Miles Off Miami

‘MIAMI, Fla., Oct. 14 (UP)— Aircraft reconnaissance found winds of hurricane force today in a tropical storm 600 miles east of Miami in the Atlantic.

through the heart.” | Lay in Back Seat | Gratzer said Dalton then fled] on foot while he lay in the back] seat of the automobile until po-| lice arrived and took him to the hospital. This morning, Gratzer was informed his wife had given birth to a son Wednesday night, ford. In his statement to detectives, Gratzer said he and Dalton had been cruising through southwestern Ohio early in the week. They arrived in Muncie Wednesday

(Continued on Page 3—Col. 1)

Child Falls Seven

Stories, Lives WASHINGTON, Oct. 14 (UP)

—A 4-year-old boy is in criticall

condition’ at Children’s Hospital, today after falling seven stories onto a clump of bushes last night. |

Richard Goodman suffered sev-| :

eral broken bones when he fell] from his play room in the seventh) floor of an apartment house. His!

fall was cushioned by a clump of

bushes, '

Richard was leaning against a| /

screen which gave way, letting him fall. 2a

Fire Still a Mystery

MARTINSVILLE, Oct. 14 (UP)

hel

p———

Jack Stac

{John F. X. McGohey had said in his final argument that if the {Communists did, “the FBI will go underground with it.” When the court session ended, the defendants were handcuffed |together, two by two. They ob|ligingly posed for pictures in the |{U. 8S. marshall's garage before they were hauled off to the federal house of detention. Their only anxiety seemed to be for {lunch

List of Defendants The 11 Communist leaders who {now must go to prison and leave [to subordinates the probable task {of taking -the American Comimunist Party underground, were, lin addition to Dennis: | Benjamin J. Davis, Negro leadfer, member of the New York City Municipal Council and a candidate for re-election in No- | vember; John Williamson, Jack

| Stachel, Irving Potash, all mem-|

{bers of the National Communist Board; Gilbert Green, Chicago District Chairman, Carl Winter, Michigan State Chairman, Robert Thompson, New York State Chairman, John Gotes, Editor of the Daily Worker, Henry Winston, national organizational {chairman, and Gus Hall, Ohio chairman. Dennis and Harry Sacher, fiery labor attorney, and Richard H. Gladstein, a west coast labor at-

torney, all received six monthiComics ......43|Radio

Prosecutor fied man appeared in court with

Miss Gerholdt. | “Jud this lady wasn't ine toxicatéd with liquor,” he told Judge Alex M. Clark. “She was intoxicated with love. In order to {prove her sincerity, if you'll con= {tinue this case for two weeks to {enable this man and this woman to obtain a license, they will ree turn here so that you can perform the marriage.”

‘. ” » THE JUDGE, who already had {heard the testimony of tie are {resting officer, was not ime pressed. “I'm still inclined to believe you were intoxicated,” he told Miss { Gerholdt. “That will be $1 and {costs. You can get married if you want to, but I have 70 cases {this morning, and besides I don't |neéd the fee.” i Records showed it was Miss !Gerholdt's 20th arrest, most of them for intoxication. -

| OK'S FLOOD CONTROL BILL WASHINGTON, Oct. 14 (UP) —President Truman has signed legislation providing $664,178,190 for flood control and rivers and Barbara projects during fiscal

Times Index Amusements 28[Novel .......4% Bridge ......22|0thman .. 111

students learn to draw at the The Miami Weather Bureau Cause of a fire which: destroyed sentences. Crossword .. Tk ary Herron Art Institute . . . fashions general manager who also is thei rious condition when placed in|said further aircraft gearch had whiting Sanitarium here She George W. Crockett Jr. attor- Editorials. i= Soutety desand « . . home decorations . . . club cal-| conductor, baggage master and hospital care. located a “very small center of Monday night still was unknown

endar . . , food ideas . . . menus + + » news of the teen-agers.

foreman of the section gang. Nine years ago she moved to

hurricane force.” At 12:30 p. m.'today. Delbert Taflinger, chief in-|

That's only a sample of what's Grosse Point with her husband, (Indianapolis Time), the hurri- spector for the state fire mar-|

ney of Detroit, and A. J. Isser-/Food .,......22 man of New York were sentenced Fo i to three months. Louis McCabe, Gard

Fo= the children (and adults, in store for your Sunday relaxa- E. Oakleigh Marquette, who is in cane was located near latitude shal's office, said an inspection of of Philadelphia, received the Hol: ..38 Weather Map » too) . . . 26 laughable, exciting tion when—you read The Sunday business there, The couple has 25.0 north, longitude 71.2 west, the remains failed to disclose the| : lightest sentence—30 days. : {Inside Indpls. 11 Earl Wilson comics in full colors, Tees _ two children, 3 _ lor some 600 miles east of here, Icause of the fire, | Henry, Winston lsserman immediately ) ‘eser@l