Indianapolis Times, Indianapolis, Marion County, 16 October 1949 — Page 3

ders, said ady to go 1s of five” chosen by v in the

me Court n of the i, former id, it is ne will be th the 1L top posts, viewed by home toe tor of the rs official

y y, adopted | laid the rernment’s ended yesn of the buro.” Secretary - co-defene 3 today at ise, awalte Harold R. ey face a 10 years ),000 fine, courts is

of Prisons g treated ers.” They, 7 denium and ate, with other

imed

ranch

, 15 (UP) 55, prose nists, was t Truman judge for of New

less than eds were >) advocate rnment.

BP Sat

a nt ep bg ———

SUNDAY, OCT. 16, 1949 :

Jury Selection Vital Question In Watts Case

Did- County Exclude Negroes

From Serving on the Panel?

By DONNA MIKELS DID MARION COUNTY for 40 years violate the law in its grand selection?

On this question hangs the fate of the state's case against|Z Bove Austin Watts for the November, 1947, murder of Mrs. Mary| = Lois Burney. ;

Defense 3itorneys Say the SoanLy did. They cite a ‘Supreme

Court decision Co ol i oe ne, fren court ruled that if no Negro, Wai had served on a grand jury in} 30 years, where there was al

substantial be f qualified! - — it en LL 0K for Swaim presumed the re was “syste asso, Confirmation Expected!

The stats, however, wk i this ruling does not apply to| Early This Week Senate confirmation of Presi-

Marion County, specifically not! 18 the grand Jy Which indicted, |dent Truman's nomination of {Judge H. Nathan Swaim for

Watts. yl. {judge of the Seventh United TOMORROW the state will file gy tog Circuit Court of Appeals at) its contentions in the form of a Chicago, was expected early this, brief with Judge William F. Mar- week without opposition. el mw shall, of Rushville, sitting as The Indianapolis jurist, or-|' special judge of the case in Shel- mer judge of the Indiana State Su-| byville. The defense will then file preme Court, said the Presidena reply and the question will be|tial nomination sent to the Sentossed into the lap of Judge Mar-| ate yesterday, made him feel] shall. “yery humble,” He added that he Should the judge rule in favor| would “try my best to be worthy | of the state, Prosecutor George of this high honor.” Dailey will ask immediate] Judge Swaim will be the only, arraignment of Watts and a date Indiana judge on the Seventh | for his retrial in the Burney case.|Circuit bench. Associate Justice Should the judge sustain the/Sherman Minton of the U. 8. Sudefense plea, however, the indict-/preme Court of New Albany was ment which holds him will be, elevated from the Chicago disdissolved and Watts will be a free triet recently and Judge Will

New aluminum street signs with black letterin maintenance and readability are gradually replacing old identification markers on street corners. Installed on trial basis, they can be

man, if only for a few minutes. Sparks of Rushville retired be- rapidly washed in solution and repainted.

Prosecutor Dailey’s office would/cause of advanced age earlier probably arrest him immediately, |this year. for either indictment in the slay- Defeated in 1926 ing of Mrs. Mabel Merrifield,| The judge-nominee was possible reindictment In the Bur-|feated in his first try for a Wage. ney case or on charges in con-| ship, that of the Marion County nection with several criminal at-| {probate court, in 1926. His intertacks on women. est in politics remained, however, non land he was elected Marion

ission chal IN THE HEARING on the de-| sony > “Omission chairman in

fense plea last week the prosecutor’s office introduced as wit-/¢orm on the Indiana Supreme, nesses Marion County officials Goure in 1938 but his bid for a : who outlined in detail the method | coon term in 1044 failed by which grand juries in general ," p,400 of Zionsville, Judge and ts Watts jury specifically |Swaim was graduated from Dewere chosen. | ; {Pauw University in 1913 and! Here in general is how the 8YS-|;,,,0n¢ in the Zionsville high!

tem operates: school for a year prior to enter-

{

|Raliroad, will address the 107th He was elected to a six-year

present a morial to

Holder, 1948 president of the

The secretary of the jury com. ing the University of Chicago's writes the name and address on in Indtana. on this slip. in the presence of the three jury] NORTH MANCHESTER, Oct. Indianapolis Athletic Club. lock the box. time president of Kiwanis Inter-'a 1921 graduate of Northwestern commissioners, County. Clerk A. Mr. Endicott was associated Shaw and Black, Chicago law mission, draws some 75 names. moved to Atlanta, Ga., where he CARL F. ENDICOTT DIES

mission chooses at random names law school. He was graduated in 1 from {ax assessment slips and 1916 and has practiced law since | a small cardboard slip. There is no designation as to race or color! Retired Banker Dies Ie Some 5000 of these slips arel| H. A. Smith the banque placed in a triple-locked jury box, IN North Manchester 6:30 p. m. in the commissioners, each of whom has 15 (UP)—Carl E. Endicott, retired! Mr. Smith is president of the a key which must be used to un- manufacturer and banker and one Chicago Bar Association. He is ® = = national, died at his home here University Law School and is a STILL in the presence of these today after a lengthy illness. {member of Winston, Strawn, with the Citizens State Bank at! firm. , who irtue Jatk 711808, Who OF Y Hig of is Huntington until 1936 when he| These persons are subpenaed for jury service, to appear before the

two judges of the Criminal Court.

These 75 persons are inter-

manufactured kitchen furniture; NORTH MANCHESTER, Ind. He returned to North Manchester|Oct. 15 (UP)—A former president in 1942, He was president of|of the Kiwanis International, re{Kiwanis International in 1932-33.itired banker and manufacturer, Surviving are his wife, Eliza- Carl E, Endicott, died at his home

viewed and the six man grand Jury is selected. This was the procedure followed in July of 1947 in selecting] i N IN D the jury which in November of that year indicted Watts for the| , brutal shotgun slaying of Mrs. Burney, a half-dozen county offi-| Southerly air will continue to flow into Indiana today, drawn by cials testified. circulation around a high pressure ridge extending from central Clerk Tilson said he drew the Texas to Lake Huron and deep area of low pressure centered in the! names from the box in the pres-| lower Hudson Bay region. ence of the commissioners, repre- Temperatures will range from a maximum of 66 north to 72 in, sentatives of three Indianapolis the southern portion of the state. | —— Carer a es an

newspapers: and members of the, Generally cloudy weather Mon-| Anna Blankenship. 25 Tare Sg. Sain | Women’s Department Club who! ‘day will be followed by clearing] John & . nck, 20. Pittsboro, Geneve R |

dy, Ser ETown: bu. were there as special guests. lang cooler Tuesday. Showers may Robert E. whew 36, 1850 50 Holloway: | einmeye: Clerk Tilson sald he had no develop in the northern portion of James Bay, 31. 2515 5. 7 rene | 16, 35 red JH Phllivs, 45, Centrale, 10; list contained names of at least EVENTS TODAY |Egene Ludwi American Legion College Session—Through |acorge B. King, 52, 4403 W. 3 W. Wash ngton PM attle ing judge at the selection, cor-|A pecan Legon Bol day Hotel Antlers. Henry J. v cause he didn’t want to lose time Electric Living Homes Display—Sponsored Joo Coll “Badger Th six-member jury was completed al ana Seventh Day YS dyentisty Youth E i groes did not serve on the grand| Gor gntion—Final day. Mt Oliver Ave

Ranaglnhs Irene way of knowing the race of those the state by tomorrow night. thgate, 18, 2511 S. M 30, Centralia, Il. ary two Negroes. h M. Jones, R.R. 19. Box 542. essi Fannie King, 39, 3103 Saturday, Legion Headauarters and Hotel | w ashin roborated the statement of one Greater Indianapolis i a Show—Final |p. day. 11 a, m., to 10:30 Temple ‘Cott addy at work. The judge said the other, "by Indian polis Powe Co. and| olller ar, 2 wit with the 29th name on the list. Copvelition - Pinal day, Non Side Sevjuries, there was no ma Pos The biggest case hinging on the! | Senior Boy Scouts

beth, and two children. {here today after a long illness.

INDIANA WEATHER

e W. 29th: Annie Tr. 21, 966 W. 27th;

um hv zil: Louise Kirgan,

} oH illia 22, 231 Assoc tion Colby 2 ie Do 3 13 Kenwood; Dorothy arme D- © ay ke M i Shelley, 65. 825 N. East. ilan; Armelda American Legion Post {ogres M M. Sindner, 23, 1 Jap N. Linwood; Sry , 939 Holt Road and Raymond 'N. Harris, 28, 4 wn. LA nd, on

Schultz, 27, 132i Explorers Regatt: 0

Sou ndol; william M. Gatrell. 23, 101 named on the cards selected.) See Weather Map on Page 5. ta Riat, Other witnesses testified that the| pe "98, 1515 E. Kelley: Sture L. Elofson. 55, 3650 Cars G {30th Aongal 1ndjaninolis Community Fund, Foxx, 51 C1000 Luctt arson; race 2 = = Washington; JUDGE SAUL I. RABB, presid-| Antlers William M. 8 {American Legion, Department of India p. m., Murat of these persons, Chester Ridley, | Err that he asked to be excused be- “uiPHcNESR SNE. “EN (Ldne nghou Negro was excused because shel 3 po meiorsfnCo was 42d on the list and that the With these Witnesses the state] {of Dn oe ee Sh sought to show that while Ne-| Indiana Missionary Baptist 64, Home Dedteation— Flag: -raising ceremony, exclusion. 3p m.. new home,

a— | Milburn J. Saylor, 26, judge’s decision is, of course the! Concert by Central Indiana Boy Scout | L. Bubeck $3 0138 il Marlowe: Ruin y * * | Band, review of the Power Boat Squad- William Ammerm , 2130 Brookside; Watts’ case. However, should; ron of the White River Yacht Club and ty J. Bennett, 21 2% Srookside.

his indictment be ruled invalid, it| ab Exviorer|L

unis 1:30 events by Sco

a s units p. m. Port Optimist, 30th| Reed, 18, 1202 Mi sourl. and White River, {Alvin L Sumwalt, would throw doubt on validity of Knights of Columbus Major Degree Con-| Bernice L. Long, Ein Rioniang™ Centar.

hundreds of other convictions. | 1s ferring—8 p. m. Knights of Columbus all, 13th and Delaware Sts. #8. Larse'D." Carter Memorial Ho Hospital Deai-| THERE is now a Negro mem- mree— 8 ber of the grand jury, Mrs. Lena EVENTS TOMORROW Mary Stewart, 18. RR 16. Box 553-5 Roll. But since her selection fol- 30th Anngal In Indianapolis Community Fund LeRoy’ Da vs 53 ie Columbia; Ethel um lowed the time in question in the maiana Jorough as Convention—, Walter Henderson, 24, Toi Lawnsdale;

T'S! Through Tuesday. Hotel Lincol Della M. Witt, 27, 425 E. Watts’ plea, her membership has, nous Legion College Session Through John Porter, 24, 515 RC ssapanke: Sarah no effect on the case. |" Saturday, Legion Headquarters and Ho-| LRopoien; «18. Indiahs anabolis; Hagel na This same exclusion question] Jaftels iiix Sone Display—Sponsored | M. Robling, 22 Indianapol Ds Rg n was put before the United States) disnabolis Power & Light €o. and D3. 5131 Washington Blvd

Wis {Ro bert L. Fields, 3 532 E. Dyer 16, 130 B. Noble. Georsia: Jane: Esther

y Sig 2325 Morgan; 4950 W. LeGrande Bowman, 22, 30th;

Supreme Court when Watts ap-| lic 2 5m, to 10 pm 1G, Gradick. 22, 4905 Orion; Barbara pealed his death sentence and| Budsei CIE, sin ot South. Drive. | |Morris Wilder, 33, Beech” “Grove: Marjorie won a new trial. However, the] Seal” LoL E. ohh and “Deluxe,” | yutert Hie rd. 21818 Laurel; Barhigh court réversed the decision Indiana Artists Club Annal Exhibition— Jopnr?; Parke. 2 “13 Faure i on the basis of an illegally ob-| arigueh Saturday, L.S. L Martin, 24, 830 NB Coporas: Dolores

tained confession and did not! YMCA Group Leaders Conference—1 p. m.,| O57 ¥5;,R, Babbett, 30,

fulla age pet am Sry 0th; Mary mention the exclusion issue, other| Church Federation and United Christian! 5

Dickey, 20, 1422 Reisner; A Shagkierord 19, 1219 Lee. , Babar

Missionary Association Showing of Norbert A, N ) emmer, 29, 625 E, oPrejudice L Sa:19 p.m. Second: a H. Wolfe, 31, 2910 Wordinans: B va

it said it did not sustain he

ntal Heal “The mg issues brought up by the petitioner.| Children Brings 5. m. © Caleb’ Mills DIVORCE SUITS FILED Ha Shortridge, High Schou ary Donald E. prand; red Sponsorship x Ind; Health i. , Geraidine” Winters: Edward J

Society and 5 1arion County Mental Hy-! hel M. vs. Earl ‘Etherlag o;

Vu jana Mental

Boy I 17, Shoots Girl |scfemison (i Noon Lancheon Meni [EE SE Mary K Fukgrinan: . An M. vs. er utler ri; Associatio D In Frying to ‘Scare’ Her assecisuion oi Retired Raiirond Emplevees 12: "0c ie Rave?" Rives Nor Mac

(Cane: e J. Armstrong Jr.

setin g—2 Som dl) m., Fra Club Joint

Indi DAVENPORT, Ia., Oct. 15 (UP) |g} With ay from Indiana, yn Kentu tacky +2 .m., offices’ of American,

—Thelma Darlene Edwards, 16, United Danes

Co of Davenport, was reported “near Ara nailng" seo RE rl death” today at Mercy Hospital thn

Bright wood after she was shot once in the ab-

POTTED MUMS 35¢—50c—%1.00

THOUSANDS TO - CHOOSE FROM

tees, 8pm, Cha) on Eg eet 5515 domen by William E. Moore, 17, Waininglon Bt. | “who admitted the shooting in a MARRIAGE LICENSES helman, 2,

signed police statement. |Georse A. H 6308 Carroll Moore said Miss Edwards had Looe 2g 1% SIRE IL 17,

OPEN DAILY

SUNDAY EVENINGS

1050 N. DELAWARE

employee at the industrial plant Fred pe AT RE. 11, 1- | said, “hut I intended only to scare Fh

"Bier Nueche, mised to marry him, but reDentiy had been dating a fellow] nt Bou Hae Miron: ees} a], 1 W, Market: where she works. gh | “That made me jealous,” Moore ber and I didn’t really mean to ce 0 “shoot her” ETE ¥Y. '

MUM BOUQUETS . . . 36¢ 3

Law School Alumni Te Deum Forum | ing

To Hear H. A Smith The Te Deum Forum will pre- Herman Budzislawski and Gersen Dean Clarence E. Manion of Nart Eisler as persons Came he Notre Dame University Col-| Harold A. Smith, vice president | oe of Law in an address on!

and general counsel of the Monon ‘Church and State” lat 8 p. m. in the Murat Theater. |

Mr. Manion

annual banquet of the Indiana Dames annual Natural Law In, SCNrosity which has become the Law Schoolstitute, has written many books! Alumni Associa-on law, and is a veteran of World tion Wednesday. War I. He practiced law in vane Joseph A .vill before going to Notre Dame Wood of the In- He maintains a law office 10 ness which 1s being shown of the dianapolis Bar ‘South Bend and strongly advo-| tactics and the methods by which Association will cates the idea that religion is es-| me- sential to the solution of world overthrow our government. I rethe, |problems and the establishment fuse to be a part of any action late Charles W. lof a just social order. He will be introduced here by| more Eislers. Hoffmeisters and Patrick J. Fisher.

alumni group, at Honey is the local Te Deum pres-/of our national generosity and

STRAUSS SAYS:

New Street Signs Easier to Read

PAGE 3

North Side Realtors List Recent Sale of Properties

Associated North Side Realtors] 42d St., 3542 Gladstone Ave.; Rusyesterday announced the sale 4 Fortune ,Jr., thé southeast 34 houses and 9% lots in central corner at Sixth and Oaks Sts,

Jenner Asks New DP Bill

| Zionsville, and 20 acres and a F. C. Tucker Co. sold houses at house near Traders Point. 7320 N. Keystone Ave, 4718 Gerdenich Realty Co., 3131 and/;; 2" | Primrose Ave, 3530 and 3538 3132 Graceland Ave; Keller

ie}

{Be Killed

on AtaTERC Ea 1646

WASHINGTON, Oct. 15—As a net 5 | (Sanate | y 0 " Other sales were: Lexngs RA Co. Bony on ¥ (ber long opposed to liberalization| j.. Berger, a house at 1226 Ind. 29, 4485 Washington Blvd. of the Displaced Persons Act of Rowin Rd. and 1% lots at 5600 in a cross-sale with American 1948, Sen, William E. Jenner (R. Rosslyn Ave. Fieber & RedleY | Estates, 250 Buckingham Drive in

8” Bi Pe

{Janet Drive, 3915 Arthington Realty Co., 1460-1462 8S. Tilinoisi,,

Ind.) took the floor during the 13270-3272 Winthrop Ave. 33 W./a cross-sale with Chagles C.

Innocent Man Asks

To Be Put in Jail BANGOR, Me, Oct. 15 (UP)— An innocent man went to jail here —at his own request. Joseph Had- - field, 29, was cleared of an assault - charge but two of lus friends were eld for trial Mr. Haaaei4 ated

the his

Co., 529 E.

Binkley; The Bridges 646 Carrollton Ave. 21st St. Walt Veon Co., 5328 Guilsale of houses at 3603 Rock-| and 2224 E. 34th St.; John Looka-| ford Ave, 6111 Broadway and

the Times Washington Bureau | ville Rd., 6412 and 6424 Evanston’ bill, 6167 Crittenden Ave.; R. E./3702 N. Olney St. Ave., and 1807, 1823 and 1827 E. Peckham, a lot on the corner of

Ford Woods & Co., lots at 5700 Norwaldo Ave. and in Arden Aé&dition, and a house at 1103 Winton Ave; Fay Cash, lots on: Carvel Ave. near U. 8S. 52, Ken-~ wood St. near Ind. 34 and in - Arden Addition.

windup of the debate to plead ~ that the new DP bill be killed. “I stand for Americans first,” he shouted, after warning of the

danger of Reds.getting in and citing the strikes, unemployment and housing shortage here now. “We have passed the era when our borders can be crossed freely by large masses of people without our suffering the severest reaction to it,” Sen. Jenner contended. Face Uncertainty “We have been faced with un{certainty in recent days both in| {the fields of pricing and unemployment, To allow additional 'tens of thousands of unpredictable immigrants to enter cannot fail {to have the most profound effect {upon our economic structure.” | Pointing to the battlefields of {China and the slave camps of | western Europe he said that Com|munism is on the march everywhere. He cited the recent riots at Peekskill, N. Y,, the demon|strations before the federal court building in New York City and Communist led strikes here as “a picture of slow but certain aggrandizement of the forces of Sovfet Communism in the United

States.” Eisler Named He named Adolf Hoffmeister,

-STRAUSS SAYS:

TRADITION

for vasier

here from Europe to overthrow the United States through the {Communist party. “We are no longer living in a

Wednesday | world in which frankness and the

founded Notre!

{hallmark of the American people can be dispensed freely.” he said. “Our first duty is to protect ourselves against subversion. I can-

the Soviet Union is working to

{which will speed the way for any J. F. O’'Ma-|Budzislawskies to take advantage

integrity.”

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WITH A TOUCH OF TOMORROW!

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