Indiana daily times. [volume], January 05, 1920, Home Edition, Image 1

About Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922

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VOL.XXXH. NO. 205.
SUPREME COURT PROHIBITS SALE OF 2.75 BEER
mismanagement in State Fair Grounds Building Charged
rUND MISUSE
'OF THOUSANDS
POINTED OUT
Accounts Board Report Says
$7,242.82 Was Squandered
on Art Building.
CHARGE GROSS NEGLECT
Unauthorized expenditures of thou
sands of dollars and payment for
humerous “extras” in the construc
tion of buildings at the state fair
grounds are charged in two reports
on the affairs of the state board of
agriculture turned over to the auditor
of state today by the state board of
accounts. The report recites a his
tory of mismanagement hardly
equaled in the affairs of any state
department on which reports have
been made in recent years.
According to the report, which is in
two parts—one made by examiners of the
board of accounts, and the other by John
J. Twiname, an architect appointed for
the purpose—expenditures were made on
L numerous occasions by members of the
committee of the board, indi
vidually, and by Charles L. Kennedy,
■secretary of the board.
Khte MISUSE OF
ox art building.
the construction of the woman's
or “fine arts" building, a total
of $10,638.19 was paid for unauthorized
“extras.” It is estimated that if these
extras had been authorized they should
have amounted only to $3,390.37, a dif
ference of $7,242.82. A. W. Stoolman of
Champaign, 111., was the contractor for
the building. The contract price was
$114,232, according to the report, but a
total of $116,977.66 was paid.
Specifications were not followed In
many particulars, according to the re
port.
“The surface of the concrete floors is
not level, has not been troweled, and is
very rough,” the report says. “It should
have three coats of “hardener” applied
to remedy this defect, which will cost
about $1,480.90.
“The foundation sills and ornamental
I concrete work, which wag changed from
cut stone to cement, has been con
structed In a very rough, unworkmanlike
manner.
“The flue for the kitchen range Is so
/astructed that It does not have the
,roper draft.
{on'tractor has filed numerous
HI - covering extra work which he
Buns was put on the building, not
leclfied or shown in the plans and
ipeciflcatlons. ,
LAIMS ON “EXTRAS
ELD ILLEGAL,
“The specifications provided that no
‘extras' were to be allowed unless the
‘extra’ and cost thereof were to be
agreed upon In writing by the proper
authorities. This section of the specifica
tions was not followed and therefore
none of the claims for extras should be
allowed or paid for.”
At this point in the order a long list of
the “extras” is set out. They total
$10,638.19, of which $7,242.82 would have
been an overcharge had the extras been
authorized at all, according to the report.
An interior grade of roofing was used
In the construction of the Manufacturers’
building, according to the report. The
report asserts that the roofing was bought
from a concern of which the architects
of the building, Jacob E. Ivopf and Ken
neth K. Wooling, are directors.
“The contractor has completed this
building according to the plans and
specifications prepared by Kopf & Wool
ing architects, and has compiled with
the same in practically all particulars
with the exception of roofing tile,” the
report says.
“The specifications provide that ‘all tile
shall be either terracotta or cement
equal to the terracotta tile manufactured
by the Lndowlc Caladon Company, Chi
cago, and known as their ‘lmperial Eng
lish’ tile, terracotta red: or a cement
tile approximately 9 inches by 15 inches,
with a 12-inch exposure" to the weather
and of interlocking design, weighing
about five pounds and coloied a stand
ard red permanent mineral color.
CHARGE INFERIOR
TILE WAS I SEI).
“According to the above clause, the
tile should be the equal of that man
ufactured by the Ludowlc Ctilndon Com
pany, but the roof was covered with a
much cheaper product manufactured by
the Indiana Contretile Roofing Company.
"The delivered price of the imperial
English tile, as specified, Is $lB per
square and the price of the tile root
manufactured by the Indiana Coneretetile
Company Is sl2 per square, a difference
of $0 per square or a total of about IU7
squares, or $1,002.
“According to Article 6 of the articles
of Incorporation the Indiana Coneretetile
Company, Jacob E. Kopf and Kenneth K.
Wooling are the directors for the year
1919.
“These men were also the architects of
building and wrote the specifications
superintended the construction of
(Continued on Page Eleven.)
The Inquisitive
Reporter
Every Day tie Asks Five
Persons, Picked at Ran
dom, a Question.
TODAY’S QUESTION.
What do you think bf the announce
ment by the government that war on the
profiteers shall take precedence over all
other business In the department of
justice?
WHERE ASKED.
In' the lobb.es of the Severin and
Edward hotelu.
THE ANSWERS.
1. J. C. Connaughton, Salesman,
Davenport, la.—Sounds good if they
mean it.
2. F. N. Cunningham, Salesman. Mil
—That ought to be the rule all the
these days.
H. H. Simmons, Farmer, Henry
4 think that's right.
W 4. George D. Moore, Railroader, La :
| fayette—l hope they carry that out.
ft 6. Mrs N. J. Monroe,
i■jhgo—l iwp® its tbua, -
Published at Indianapolis,
Ind„ Daily Except Sunday.
100 Fall in Riot
Against Throne
in Bulgar City
Anti-Dynastic Demonstrations
Put Down by Police With
Heavy Casualties.
LONDON, Jan. s.—One hundred ca
sualties are reported in a series of vio
lent anti-dynastic demonstrations at
Sofia, Bulgaria, according to an Exchange
Telegraph dispatch from Basle today.
Forty thousand persons joined In the
demonstrations and the palace of ex-
King Ferdinand was attacked.
The police had a difficult time restor
ing order.
FIVE REDS SLIP
NET IN INDIANA
Premature Chicago Raid Is
Blamed for Escape by U. S.
Special Agent.
Forty-five of the fifty alleged “reds”
for whom department of Justice agents
are seeking in Indiana as a part of the
nation-wide drive to round up dangerous
radicals were reported arrested today.
The others escaped the federal net be
cause of premature raids under the dl
rctlon of State’s Attorney Mac Clay
Ho.vne in Chicago last Friday, Charles P.
Tighe, special agent of the department
of justice, who is directing the raids
here, said. Some of them may be cap
tured yet, it is expected.
Os the forty-fire, two were taken in'
Indianapolis, but released when it was
learned that they were naturalized citl-1
zens. Their names were not made public.
Ten of the radicals were captured in j
Vincennes in raids on homes conducted .
by department of justice agents and po- ;
lice Sunday. A large amount of lltera- j
ture of the communist and communist
labor parties, which are considered by ;
the government to be anarchistic organ!- j
zations, was found.
MUCH OF PROPAGANDA
LITERATURE IN GERMAN.
Much of the literature was printed in
German. Membership cards of the “red” I
organization were found at each of the
homes raided and at one place the char
ter for the Vincennes lodge of the anti
government order, which had been Issued
at Chicago, was discovered.
The majority of those seized at Vin
cennes have served as privates in the
German army. The government 'tsar tied'
this from an examination of the alien
enemy registration records taken in 1918.
The only American born man seized In
Vincennes is said to be Joseph Burk
hardt, 33, secretary of the Vincennes
chapter of the radical party. Gustave
Pletch, 36, president of the party, was
another who was seized. Others taken
were as follows:
Mike Derra, 42; Frank W. Wenlnter,
37; Aloys Krewette, 36; Albert Dzobel,
41; Robert Kressler, 31; William Car!
Troder. 30.
HEARINGS ON QUESTION
OB’ DEPORTATION SET.
All of the men arrested who are of for
eign birth and unnaturaliz.ed, will be
brought before W. C. DeMiller, immi
gration Inspector for Indiana, tomorrow,
for hearings preliminary to deportation.
Bond for each was fixed at SIO,OOO when
the warrants were sent from Washing
ton. This may be modified by the in- i
spec tor if he so decides.
Besides the ten taken at Vincennes and ,
two here the number of arrests in vari
ous Hoosier cities are as follows:
Ft. .Wayne, four; Gary, six; Hammond,
eleven; Terre Haute, five; Clinton, five;]
Pimento, three, and Anderson, one.
The one taken at Anderson was Joseph j
Zimmerman, who Is now held .In the j
Marion county jail. Search of Zimmer- j
man’s general store In Anderson by An- |
derson police revealed a large amount of !
incriminating documentary evidence, it
was reported. Zimmerman also is said
to have made many incendiary speeches
against the government.
RAFFLES FLEES
WOMAN’S SHOT
Leaves SSOO Loot in Grip After
Second Haul in Meridian
Street Apartment.
A bullet fired by a woman gave a beau
brummel burglar added impetus in his
flight from the home of Charles F. Heck
ler, the Waldo, 2440 North Meridian
street.
When Mrs. Hecaler returned home last
night with members of her family she
saw a man, stylishly dressed and wear
ing a fur-eo-llared overcoat, dashing for
the front door. Grabbing a revolver she
threw open a window and fired.
Mrs. Heckler reported that the burglar
fled with SSS, a mesh bag valued at $25,
two strings of beads, one of pearls and
She other of amathysts, and a vanity
case. A grip containing about SSOO in
clothing and jewelry, which had been
packed by the intruder, was abandoned.
Sergts. Thomas and Russell and a squad
investigated. A skeleton key was used
to gain entrance.
Spencer Dice, 1051 West Thirty-fourth
street, told the police thieves had ran
sacked bis home. A ruby ring and live
yards of satin were reported missing.
Mrs. Helen St. Clair, 149 West Twen
tieth street, who had been spending the
holidays in Omaha, returned to her flat
last night and found it bad been en
tered by a burglar. A black velvet hat
valued at sls, a half-pint of whisky and
70 cents were missing.
Burglars entered the grocery of Ira
Glthens, 1002 North Sheffield avenue.
Githens told the police that $5.50 was
missing.
President to Issue
Big* Party Message
WASHINGTON, Jan. s.—President
Wilson will send an important message
to the democratic dinner on Jackson day,
Jan. S, it was officially announced at
the whitehouse today. No further infor
mation was forthcoming concerning the
message, but Immediately rumors arose
that the president was to set forth ills
position mto third teem*
3tototoiA fltouj Stores
Entered as Second Class Matter, July 25, 1914, at
Postoltlce, Indianapolis, Ind., under act March 3, 187#.
KAISER HIRES
BEST LAWYER
IN GERMANY
Johannes Kriege of World-
Wide Repute Takes Case if
Extradition Wins.
HOPE TO FOIL ALLIES
By FRANK MASON,
Copyright, 1920, by International News
Service.
BERLIN, Jan. 5. —Germany’s greatest
international lawyer. Johannes W.
kriege, doctor of jurisprudence, has been
selected to'lead the cotinsel for the de
fense of William Hohenzollern, the
former kaiser, if extradited Pom Holland
and placed on trial before an interna
tional tribunal.
Dr. Kriege was said today by royalists
to be in close touch with the former em
peror at Amorengen.
The monarchists seek to give the im
pression that the former kaiser is not
thinking of the possibility of being tried
and has taken the attitude that “he will
not cross the bridge until he comes to
it.” Nevertheless, it was learned from an
authentic source that Dr. Kriege is al
ready advising the former emperor as to
his defense in the event that Holland
will give him up.
The lawyer bears the title of “actual
private counsellor’’ lo the former kaiser.
For years he was the close personal
friend of William and often gave him
advice before the collapse of Germany.
WAS CIIIEB’ OF FOREIGN
OFFICE OF KAISER.
Under the old regime Dr. Kriege was
chief of the legal section of the Berlin
foreign office. He drew up the German
legal documents at the outbreak of the
war and also wrote the Brest-Litovsk
treaty which Germany and the Russian
bolshevik government signed after the
soviet came into power with the fail of
Kerensky.
Just how far the plans for the de
fense have proceeded is being kept se
cret and Dr. Kriege refuses to discuss
them.
It is believed that, if the extradition
succeeds, Dr. Kriege will be assisted by
an imposing array of counsel. it is
probable that lawyers from some other
countries that were neutral during the
war will be called in not only for their
legal knowledge but for the moral sup
port that their presence would lend- It
has been suggested that prominent "legal
lights of the Dutch and Swiss bars might
be asked to assist.
EBERT DEMANDS CHANGE
IN ALLIED DEMANDS.
President Ebert has sent a letter to
Premier Cleinenceau asking for a revi
sion of the peace treaty terms regard
ing the extradition of William and
threatening to retire from the presidency
of Germany if the allies persist “ruth
lessly” in carrying out their demands,
according to Information from a coflden
tial but well-informed source. This let
ter is said to have been dispatched on
Friday.
Germany already has received a list
of names of persons whom the allies seek
to extradite for trial. The last, which
came through neutral diplomatic sources,
contains the names of 1,500 persons, In
cluding 300 private soldiers.
Socialist leaders, for political reasons,
have willingly discussed the delivery of
officers of the old regime for trial, but
the discovery that some of the 300 were
socialists themselves proved a bomb
shell.
President Ebert is said to have in
formed Premier Clemeneeau that the
German government could not attempt to
carry out the delivery all the persons
wanted.
POSITIVELY NO,
DECLARES HOPVER
Too Busy With Relief and In
dustrial Confab for Presi
dential Race.
PORTLAND, Ore., Jan. s—Herbert
Hoover, former United States food admin
istator, and many times mentioned as a
potential presidential candidate, has defi
nitely signified his refusal to be a can
didate for that place, according to a tel
egram reaching this city from him.
The telegram sent to Elkin Wat
kins, president of the Jackson club here,
reads:
“Aly engagements and connection with
the industrial conference and with relief
in Europe make it impossible for me to
go to the northwest at present. Beyond
this, please accept the sincerity of my
statement that I am not a candidate for
the presidency, and a campaign to that
end from any party would be entirely
wrongly directed.”
Hoover had been Invited to address
the annual banquet of the Jackson club
in this city Jan. 8. This Is the first
specific announcement made by Hoover
concerning his much talked-of can
didacy.
HOLDUPS ROB
MANOiF SPEECH
Fluid Poured Down Throat by
Highway Pair, He Tells
Police With Pencil
Hobart Hawkins, 217 South Pine street,
can’t talk today, and the police are in
vestigating his strange case.
“I was on my way to 306 North New
Jersey street at 2:30 o’clock Sunday
afternoon when two negroes stopped me,”
j lie wrote on a piece of paper to Police
Sergeant Houston. “They held my head.
I started to yell for help and they
poured something down my throat. It
made me numb and speechless.”
He added he was taken to a lonely
place southwest of the stockyards, near
White river, and left there by the
negroes. He reached home at 7:40 p. m.,
and a doctor was called.
Hawkins gave no motive for the attack.
143,000 Teachers Quit
in Year, Lane Asserts
•
WSHINGTON, Jan. s.—More than 143,'-
000 school teachers resigned last year to
accept more lucrative work, Secretary of
0* JLatejrio# Loaa decjgue* today.
INDIANAPOLIS, MONDAY, JANUARY 5, 1920.
10/ /Recent 7s/ews\
| 6y DAWD GOMXW |
PicturafcV f* WPAF^KS'
English, French and Belgian jurists,
For a pair of German tourists
Who In Holland have been taking mat
ters lax.
Now have all the legal dope full.
And the kaiser and his hopeful
Soon will get it where the chicken got
the ax.
Whisky dealers are resorting
To the pinch of booze exporting;
It's an article this country will not
keep.
If it's spilt into the ocean,
Many men will take a notion
To be rocked within the cradle of the
deep.
rfi irinn
Now's the time when all the bowlers,
From the champs to gullej rollers,
With their partners to the alleys gaily
dance;
But this strenuous game this season.
Shall not lure us, for the reason
That we fear to bust our oniy pair of
pants.
After a prolonged vacation,
Charlie Chaplin treats the nation
With a comedy that banishes your
sighs;
We don’t know why Charlie's screen
times
Are so few and far-between-times—
But perhaps he is conserving custard
pies.
Feminists: Forget your grudges;
Women now can sit as Judges
Down in England, after much ludiclal
strife;
When a cockney gets a Jag on,
He’ll be hoisted in the wagon,
And a woman judge will send him up
for life.
US
TR AFFIC FIGHT
BACKINCOURT
Independent Taxicab Men File
New Appeal to Restrain
City.
Independent taxicab operators have
again appealed to the courts in another
effort to have the new traffic ordinance
declared illegal and to prevent its en
forcement by a restraining order.
Judge T. J. Moll of superior court,
room No. 5, was today considering a
petition of several taxi owners asking
that Mayor Charles Jewett, Chief of
Police Kinney and members of the board
of safety be restrained from enforcing
the new traffic ordinance.
The petitioners are Fred Becker, R.
R. and Ray A. Shelley, 1961 Bellefou
taine street, who operate independent:
laxilines, and allege that the present or
dinance discriminates between taxicab
drivers and the drivers of other classes
of automobiles.
ACTION FOLLOWS
ARREST OF FIVE.
The petition was filed following the
arrest of Fred Becker, James Shano
leff, 550 West Washington street; John
Gross, 401 Randolph street, and Roy
Underwood, 2538 Union street, on charges
of violating the traffic ordinance.
Some weeks ago Attorneys John J.
Rochford and Paul T. Rochford filed a
petition before Judge Linn Hay asking
for a restraining order, but an agreement
was reached between the city and at
torneys for the taxi men which indicated
that the objectionable features of the
ordinance would be eliminated by the
city council.
ARRESTS CAUSE
RECALL OF TRUCE.
With the arrest of a number of taxi
drivers the truce has been called off and
the city and the drivers are again in
court.
Judge Moll has not Indicated if the
court will grant a restraining order.
When Judge Hay considered the case the
court then appeared of the opinion that
taxi drivers had no more rights on the
streets than any other vehicle.
W. R. CRACKEL PASSES AWAY.
VINCENNES, Ind., Jau. 5.—W. B.
Crackel, wealthy farmer and financier
of Knox county, is dead in Battle Creek,
Mich., of cancer of the stomach. He
leaves a daughter, Mrs. Samuel Gould of
INDIANAPOLIS
NEWS CONTROL
CHANGE NEAR
Warren Fairbanks Expected
to Take Place Held by
Delavan Smith.
POLITICIANS SEEK HOLD
Negotiations which have been un
der way for the shifting of the con
trol of the Indianapolis News from
the hands of Delavan Smith, surviv
ing partner of Charles Warren Fair
banks, are expected to be concluded
in the near future, it became known
today.
Warren Fairbanks, son of the late vice
president, executor of the Fairbanks will
and one of the beneficiaries under its
terms, is expected to become the nominal,
if not the real, owner of the property
within the next few weeks. Fairbanks
is now living in Chicago, where he is
Interested in the Oliver Typewriter Com
pany and several other Interests with
which Delavan Smith Is also said to be
connected.
Following the sensational disclosure of
the real ownership of the News which
preceded the indictment of Smith by the
federal grand Jury In connection with the
false statement of ownership filed by
Hilton U. Brown, It was learned by the
executors of the Fairbanks estate that
the site of the News building and the
site of the Griffith building adjoining
was in reality a part of the Fairbanks
estate, although in the name of Delavan
Smith and mortgage loans were floated
In the name of Delavan Smith.
TITLE TRANSFER
DEEDS READY.
It Is understood that the executors of
the Fairbanks estate have reached an
agreement with Delavan Smith by which
the title In these pieces of real estate is
to be transferred by Smith to the estate
and that deeds for that purpose have
been delivered to Smith and are ex
pected to be executed any day, if, in fact,
they have not already been executed.
Some time ago the executors of the
estate received permission from the pro
bate court to convert a large part of
the estate into cash at private sale, and
it is reported that this step was taken
with a view to clearing the propertj
of incumbrances and entering into agree
ments by which the three-fourth iu
terst of the Fairbanks estate in the
News could be preserved as a unit.
It is also reported from a reliable
source that the desire of Warren Fair
banks is to eliminate Delavan Smith,
not onlv from the control of the prop
erty, but from the ownership of any
interest in it, end it is also understood
that Smith is not opposed to such nn
arrangement, since his experience with
the federal court, which grew out of
his falsely represented connection with
the newspaper.
The general public has shown no par
ticular interest in the affsirs of the
Fairbanks estate, although there are be
quests to it in the will, and it is re
garded as likely that the executors will
not meet with any opposition in their
conduct of it. as long as the interests
of Mrs. Timmons, the one heir who is
contesting the will are not placed in
Jeopardy.
POLITICAL INTERESTS
WANT CONTROL.
Back of the activities of the executors
is the desire of strong political interests
to own or control the newspaper. These
interests are represented in Indiana by
Joseph B. Healing, who Is the attorney
for the executors of the News and in
that capacity expects to pull over the
coup by which the control of the poli
cies of the News will remain nt his
finger tips ns they have, through his
shrewd manipulations for many years.
Healing Is said to favor a complete re
organization of tljo News and it ap
pears that he will be able to bring it
about sooner or later. To be most ef
fective to Healing and his interests tne
reorganization of the property must be
effected before the Indiana primaries in
May and the earlier it is effected the
more power Healing will be able to
exert in the forthcoming primaries, al
though it is conceded that without any
changes in the News he can generally
direct its political policies.
Recently there has been a report that
Hilton U. Brown, who has been general
manager of the News for years and Who
(Continued on Page Eleven.)
BURGLAR! POLICE!
AW, ITS A RAT
Pantry Crash Causes Alarm in
Hamilton Avenue Home —
Brave Cops to Rescue.
A “burglar” escaped from the custody
of Motor Policeman Finney today, but
the. detectives are so busy they say no
search will be made for him.
It all happened at the home of Robert
Blakeraan, 420 North Hamilton avenue.
It was just 4 o’clock in the morning
when Blakeman was aroused from sleep
by a crash of broken glass. He called the
police. Sergt. Murphy and a squad,
among them Motor Policeman Finney,
went to the scene.
Blakeman called to the police from an
upstairs window' that he had heard the
Breaking of glass and was sure a bur
glar was in the house. He then came
down and unlockafiJ(to door, The police
made a search.
phy called, “Here he is.”
Murphy stood holding open a closet
dffor and laughed. A rat, caught in a
trap, had dislodged a dinner plate that
had been shattered on the floor. Then
Finney picked up the trap, but the “bur
j glar’’ was not caught firmly and made its
escape.
“What do you think' of that?” asked
the sergeant. “I found the burglar and
Finney let him get away.”
News Print Inquiry
Body to Meet Soon
WASHINGTON, Jan. 5. Senator L:i-
Follette announced today he will call a
meeting of the committee named to in- 1
vestigate the news print paper situation,
early this week to make plans for the
inquiry. Absence of several members of
the committee from Washington pre
dated
Subscription Rates: ) Carrier Week 10c;
( Elsewhere. 12c. By Mall, 50c Per Month.
Diva to Be First
Witness Called !
in Divorce Case
Mme. Galli-Curci, to Review
Unhappy Married Life of
Eleven Years.
CHICAGO. Jan. s.—Amelita Galll-Curci
probably will be the first witness to
testify this afternoon in the hearing of
her suit for divorce before Judge Charles
A. McDonald in superior court.
The famous opera singer will tell of
an unhappy married life extending over
a period of eleven years. They were
married in Rome, where he was an
itinerant artist and she a singer of minor
operatic roles.
The now famous opera singer charges
her husband with Infidelity, mentioning
a Melissa Brown, village belle of Fleisch
manns, N. Y., where the Curci summed
home Is located. Among many deposi
tions presented in the case is one by
the Brown woman telling of trips Into
the Catsklll mountains with Curci, his.
brother and Mary Rinaldi, she also told
of parties at the Curci summer home.
Curci, before his wife started the di
vorce proceedings, instituted suit for
$250,000 damages against Homer Sam
uels, accompanist to Mme. Curci, and
Charles L. Wagner, her btfsiness man
ager, alleging they alienated his wife’s
affections.
In answer to the divorce complaint,
Curci declared his wife was also un
faithful, mentioning Samuels in this con
nection. He attacked the suit on the
grounds that it could not be brought in
the United States because of laws oi
Italy and a treaty with the United States.
PREVOST FACES
MURDER CHARGE
Third Warrant Charging Slay
ing of Wealthy Detroiter
Expected Soon.
MT. CLEMENS, Mich., Jan. s.—With
the completion today of the state’s in
vestigation of the murder of J. Stanley
Brown, wealthy young clubman, found
dead in his automobile on a lonely road
near here on the night of Dec. 23, a
warrant charging a man previously ques
tioned by the authorities with the mur
der will be sworn to, those in charge
of the investigation declared.
The warrant, if issued, will be th
third murder warrant sworn to since
the finding of Brown’s body.
Mrs. Brown, widow of the murdered
man, was the first to be arrested,
charged with the murder. After being
held several day s she was released.
Mrs. Cecil Yester was then taken into
custody and is now held in jail here
formally charged with killing Brown.
Mrs. Vester, denying knowledge of the
crime, has accused Prevost, Mrs. Brown’s
cousin, with killing Brown.
Prevost, according to “new evidence,"
uncovered by the authorities, is said to
have been seen leaving a local hotel with
the victim on the night of the murder.
Acting on instructions from the state
prosecutor, police yesterday searched
Prevosts's home, taking his clothing and
“other bits of evidence,” the exact nature
of which the officers refused to reveal.
Following this raid, the poiiec an
nounced that a third warrant would be
sought.
TRIAL OF NEW
NEARS CLOSE
Defense Almost Completed—
State to Put Three Alien
ists on Stand.
I.OS ANGELES, Cal.. Jan. 5.-—Contin
ued figurative dissection of the mind of
Harry S. New, alleged son of United
States Senator New of Indiana, marked
the opening of the fourth week of New’s
trial for the alleged murder of his sweet
heart, Freda Lesser.
Practically all of the defense testimony,
both of alienists and other witnesses, was
in when this morning’s session opened.
Three alienists were in court ready to
testify for the prosecution.
Expert testimony of alienists last week
was Intended to prove that New was a
“psychopathic” person and was mentally
unbalanced when he Is alleged to have
shot Miss Lesser as they sat in his moth
er's automobile in Topango canyon on
the night of July 4.
Veteran Logansport
Banker Passes Away
Special to The Times.
LOGANSPORT, Ind., Jan. s.—George
B. Forgy, 68, Investment banker and
broker, died at his home here Sunday
following several months of failing
health. Mr. Forgy served as the first
food administrator of Cass county but
was forced to resign on account of his
health. The Tipton County bank at Tip
ton was started by Mr. Forgy in 1876 in
company with E. W. Shirk. Three years
later Forgy came to Logansport. He is
survived by a widow' and one son, Glen
Forgy. prominent Cass county farmer.
Suggests American
to Rule Dardanelles
PARIS, Jan. s.—The creation of an
international committee to govern the
Dardanelles, with an American as pres
ident, is the latest suggestion on the eve
of the conferences of Premier Lloyd
George, Premier Clemeuceau, Premier
Nitti of Italy and Premier Venizelos of
Greece.
Former President
of North China Dies
LONDON, Jan. 5.—A dispatch from
Shanghai today said Feng Yon Chang,
former president of the north China
lactlon and an advocate of peace be
toreea north and * >uth China, la dead.
DECLARES VOLSTEAD
LAW CONSTITUTIONAL,
DASHING WETS’ HOPES
i
WASHINGTON, Jan. 5. —Upholding the constitutionality of the most
vital section of the Volstead enforcement law, the supreme court, today,
declared that 2.75 beer and other near-beers can not be sold under war
time prohibition.
The action of the government in prohibiting the sale of 2.75 beer both
before and after the Volstead law was passed o'n Oct. 28, 1919, was upheld.
The decision of Hie court was 5 to 4, Justices Day, Vandeventer, Me-
Reynolds and Clark dissenting.
After the reading of the minority opinion, Mcßeynolds announced that •
Justice Clark also desired to dissent, thus making the court vote 5 to 4.
Justice Brandeis read the opinion of the court, as he did at the time
war-time prohibition was declared constitutional.
IRISH SPREAD
TERROR REIGN;
POLICE BOMBED
Attack Constabulary From
Ambush in County Clare
With Grenades.
LONDON, Jan. s.—lreland’s reign of
terror is spreading.
A constable was wonnded when a de
tachment of police was ambushed neai
Bellvaughan, In the northern part of
County Clare. Ireland, on Saturday night,
said a Central News dispatch from Dub
lin this afternoon. Grenades were thrown
and many shots fired.
Following' the desperate three-hour
battle at Carrigtohill, in County Cork,
where the Sinn Feiners destroyed a po
lice station after a sergeant and five con
stables had been captured, reports were
received of attacks upon two other police
barracks in County Kerry.
The attack at Carrigtohill was carried
out with bomba and rifles. After the
constables surrendered they were ulti
mately released and the barracks looted
of arms and ammunition. None of the
constables was wounded. It is not
known whether the raiders sustained
casualties.
Dublin Castle, the seat of Irish gov
ernment at Dublin, is now described as
an armed camp. Barbed wire entangle
ments have been constructed and ma
chine guns planted to sweep the ap
proaches. It is reported that tanks are
being held in reserve.
Cork dispatches reported an additional
raid at Bally Longford in which one
policeman was said to have been killed.
GERMAN PLANES
AT CITY’S GATES!
They're Fokkers, Sent to
Speedway Aviation Depot
for Repair .
German airplanes are at the city’s
gates—but their wings are dipped.
The Speedway air service depot today
has twelve German Fokkers, some of
which were flown in battle, which are
being repaired. All the planes were
damaged in flights. All are camouflaged.
Some of them are almost new, having
been delivered to America after the sign
ing of the armistice.
Capt. Pharias Blair, commandant of
the depot, also has men working on two
big Wright bombing planes, one of
which was wrecked on the transconti
nental flight and the other on Col.
Hartz’ around-the-rim-of-America flight.
Both have two 400 horse power Liberty
motors.
There are now ICO enlisted men and
200 civilian employes at the depot, which
is turning out as much work as was
turned out during the war. It is ex
pected that the depot will be maintained
here for an indefinite' length of time.
Friends of Irish
Freedom to Meet
A general meeting of the Friends of
Irish Freedom and representatives of all
other local bodies favoring Irish Inde
pendence will be held in the Hotel Eng
lish assembly room at 8 o'clock Tues
day night. The call was issued by J. J.
Liddy.
Cass County Farm
Sold for $43,800
Special to The Times.
LOGANSPORT, Ind., Jan. s.—Martin
J. Blight has sold his farm of 219 acres
to Jesse and Garrett Townsley of Lex
ington, Ky., for the sum of $43,800, or
an average of S2OO per acre. This is said
to be the highest price ever paid per
acre for a afrm of this size in Cass
county.
Guests Flee Hotel
Fire in Zero Air
CLEVELAND, 0., Jan. s.—Routed from
their beds today when fire threatened the
Woodland hotel, 150 guests were driven
into the streets in scanty attire with the
temperature close to zero.
Au early estimate placed the fire
damage at $50,000.
ABSISTS ATTORNEY GENERAL.
WASHINGTON, Jan. s.—The following
nomination was sent to the senate today :
To be assistant attorney general—Fran
cis P. Garvan of New York.
WEATHER,
Local Forecast—lncreasing cloudiness
and warmer tonight and Tuesday, prob
ably with snow or rain; temperature to
night, near frceeing.
HOURLY TEMPERATURE.
A a. m 8
7 a. 6
8 a. m 7
ft a. ni 11
10 a. m 15
11 a. m 47
13 (noonl 30
Sun sets today, 4:*4: rises teniovtow,
7:06; seta, 4:85,
One yas* ago today,
Mk a.. jgmet
Home
edition
4$ TWO CENTS.
i The important feature of the decision
is that the court upheld the action of
congress In declaring intoxicating, and
preventing the sale of al] beverages con
taining one-half of 1 per cent or more of
alcohol, by volume, with the exception
of home-made cider and wine.
TAKEN AS DEFINITION
OF INTOXICATING LIQUOR.
The decree of the court may be taken
as a definition of intoxicating liquor that
will stand under constitutional prohi
bition also, because of the definite state
ment that congress in providing for the
enforcement of prohibition can prescribe
Just what makes a beverage intoxicating.
The case decided today was an appeal
from the New York federal courts,
brought by Jacob Ruppert, a brewery
corporation.
Supporting in every way the conten
tions of the government and congress,
Just as the opinion of the court did when
war-time prohibition was declared con
stitutional by unanimous vote, the de
cree of the supreme tribunal apparently
means a real bone dry nation.
KILLS ALL HOPE OF
any substituting.
Likewise, it dispels all hope of the
liquor interests for any tilting of the lid
either at present or under constitutional
prohibition, it is believed here.
The financial interests involved in the
oecision today are estimated at one bil
lion dollars by the liquor Attorneys, in
cluding the amount of near-beer on han<j
and the property for its manufacture,
which win be rendered virtually useless.
Dne hope of the liquor interests was
to convert many old-time breweries into
plants for the making of the 2.75 per
cent product.
~T , Xew Yor * federal court upheld
the Volstead law in its definition of in
toxicating liquor under wartime prohi
bition in a suit brought' by Ruppert.
Jhe appeal was then taken to the su
preme court and the case argued by
Klihu Root on Nov. 21.
CONTENDED CONGRESS
EXCEEDED POWERS.
The Ruppert brewery contended that
congress exceeded its powers in enacting
the Volstead law enforcing war-time pro
hibition, because by its definition of in
toxicating liquor it prohibited the sale
of beverages which it is claimed are not
intoxicating. The attorneys sought to
prove that 2.75 beer was not intoxi
cating and pointed out that the original
war-time prohibition law affected only
• beer, wine or other intoxicating, malt
or vinous liquor.”
A long argument was made by Root
to show that the word “other” as ap
pearing in the phrase of the law should
be carried back to the words “beer” ;l nd
“wine,” thus prohibiting the sale only
of intoxicating beer and wine.
NEW JERSEY LIQUOR
MEN ARE GIVEN BUMP
M ASHINGTON, Jan. s.—New Jersey,
through its attorney general, Thomas F.
McCran, today declared it will not
consent to the bringing of an original
suit in the supreme court by the New
Jersey Retail Liquor Dealers’ association
to knock out constitutional prohibition
and the Volstead enforcement law. In
a brief filed with the supreme court un
der an order to show cause why the suit
should not be entertained, McCran said:
“The consent of the state of New Jer
sey to the filing of said bill or the insti
tution of this action has not been
granted and said state refuses to con
sent thereto. The suit can not be insti
tuted without the consent of New Jer
sey.”
SEVEN HOOSIERS
POISON VICTIMS
Man, Wife and Five Children
May Die—Chicken Sand*
wiches Blamed.
Special to The Times.
COUNCIL BLUFFS, la., Jan. s.—Mr.
and Mrs. Martin Messersmith of An
drews, Ind., and their five children, are
critically ill at Audubon, la., near here,
today, as the result of ptomaine poison
ing. It is believed that chicken sand
wiches purchased on a train are respon
sible.
Doctors say they probably will die.
Family of 4 Killed
in Crossing Smash
Special to The Times.
VINCENNES, Ir.d., Jan. s.—An entire
family is dead in Sumner, 111., today
as the result of a railway crossing crash.
The dead are H. A. Piper, wealthy oil
man, his wife and two sons, Elmer and
Randall.
The accident happened on the main
street of Sumner. Mr. Piper was driving
has family home after church services.
The speeding train struck the limousine
in which the party was riding in the
center, hurling it into a heap of wreck
age. Shelby Piper was the only per
son not killed instantly, lie died at the
sanitarium at Oluey, 111., having been
taken there on a freight train.
Packing Commission
Proposed in Bill
WASHINGTON. Jan. s.—Creation of a
commission, similar to the interstate
commerce commission, to control the
packing industry, is provided in a bill
presented to the senate agriculture com
mittee this afternoon by Senator Kenyon
of lowa and Senator Kendalafc at
Wyoming, _ ... r ._J