Indiana daily times. [volume], July 06, 1920, Home Edition, Page 3, Image 3

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

Image provided by: Indiana State Library

                
INVENTOR’S SON
SUES HERE FOR
15 MILLIONS
(ConOnnod RT-wm Psfu Onfc)
®*s daughter, and the following infant
children, Helen B. Lowry, Thomas Lew
and Jean Bulllt Lowry.
Some of tho cuildrea nave become of
age. the suit states, since the death of
their father.
The camp lain ants in the suit allege
that at the time of the death of Lowry
he area the owner of $29,500 worth of
stock la the Columbia Creosoting Coru
-1 any and one share in the Indiana Creo
soting Company, par value of 1100, and
all of this stock was pledged as col
lateral eecurity to secure a loan to him
in the aum of $7,900, and that the actual
value- of the collateral security at that
lime was at least $75,000, the suit con
tends.
At the time of Lowry's death there
waa an interference suit in pro frets
against Lowry involving said Lowry
process.
The suit alleges “that Immediately upon
the death of said Lowry the defendants
formulated a scheme which they carried
out as hereinafter stated to defraud the
estate, the widow and the children from
their rights and interests in and to the
Lowry process and the stock, that as a
part of the scheme and to carry it out
they embarrassed the widow financially,
first by discovering that she nad no as
sets and no money, by paying her hus
band for eleven days' work and refusing
r to pay $11,500 which he had earned from
the sale of oils and had lawfully due him.
by which each of the defendants said and
represented to the widow were not due
him.”
The suit alleges that the defendants
refused to pay the $11,500 commissions
for the sale of oil unless the adminis
trator asaign to them a quit claim of
the interests of the estate in the pat
ents and that each of the defendants
represented to the administrator that
they were the owners of and held title
to the patents by virtue of a purported
assignment which the defendants are de
clared to have claimed that Lowry had
executed and delivered to the American
Creosoting Company prior to his death.
The complaint states that the admin
istrator, thinking the claim was valid,
executed a contract by which the estate
was supposed to relinquish all rights to
the Lowry process and that there was
no actual financial consideration made In
this agreement.
The suit alleges that the assignment
was made by the administrator because
he “relied upon the false statements and
representations as herein stated as to the
ownership of said Lowry Process.”
‘•That the defendants and each of them
have by reason o£ said fraudulent scheme
and the assignments procurred thereby,
obtained the sole, only and execluslve
use of the Lowry Process by which they
bave made millions of dollars as herein
before stated,” the suit alleges.
It Is alleged in the suit that when
Thomas Lowry, the son. became of age
he made an Investigation to determine
*the validity of the assignments.
The suit states that Mr. Fletcher, act
ing as a trustee for himself and Hert,
assigned and conveyed to the Anglo-
American Tar Products Company, a West
Virginia corporation, of which Hert was
president, and that on Oct. 13, li*l4. the
Anglo-American Tar Products Company
assigned (•> Hert the said Lowry process
and that Here now claims to be owner
of it.
The suit was filed by Attorney John
W. Becker, of 75S Lemeke annex, for the
plaintiff.
FLETCHER SAYS SUIT
IS WITHOUT GROUNDS
Concerning the suit filed in federal
court today against himself, Alvin T.
Hert of Kentucky, and the American
Creosoting Company, asking damages to
taling $15,000,009, Stoughton A. Fletcher
made the following statement:
In reference to the suit filed today, the
charges of fraud and conspiracy are
without any foundation of fact and in
volve the integrity of the Security Trust
Company of Lexington, Ky., administra
t >r of tue Lowry estate, as well as of all
the directors and officers of the American
Creosoting Company. The suit brought
is groundless.
*1 was connected with the American
Creosoting Company from March. 190>,
until March. 1912, at which time I sola
n:v holdings to A. T. Hert, president ot
the company. During most of the period
mentioned 1 acted as director and treas
urer of the company
lu January, 1909. the company, through
j r >per proceedings, purchased certaiD
j •;tents from the I.owry estate and 259
share*'of seek of the Columbia Creosot
i: Company for $70,000 cash.
The sale of these patents by the ad-
V inistrator of the Lowry estate, namely,
the Security Trust Company of Losing
ten. Ky.. was.ent!rely regular, was urgeq
upon the creosoting company and, ap
parently, at the time, was deemed Bull
advisable In the interests of the Btsf*
:.ud the individuals interested in the es
tate, and all the transactions in connec
tion therewith were accompanied by for.
mal court proceedings and the sale to
the creosoting company was ordered and
approved by the probate court of Lex
ington, Ky. /
At the time of this transfer, by rea
son of my being treasurer of the com
pany, the titles were put in my name as
trustee. When I sold my holdings I con
veyed. by proper assignment, title to any
property or properties which previously
stood in my name as trustee, including
the title to the patents involved In this
suit, to these entitled to continue such
Uusteeship In the Interests of the com
tint, as directed by the then president
■ f tne American Creosoting Company.
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The Balloting at a Glance
SAN FRANCISCO, July 6.—Hare is a picture of the ballot race for
\he democratic nomination: -y
catjoSHOOM-opo?
P P ° £ G. pJ 2B E 2
S’ * £ pS-'Bgßgn’g
2. | o 2? •* 3,r r 2“B? , EL§
*1 o cL • cd a •""*
\ ' -on
tn
1 . 256 134 266 42 32 21 109 24 26 25 38 37 ...
2.. 264 145 289 34 31 12 101 25 25 27 29 36 ...
3.. 253 171 323 31 28 11 94 xx 25 25 25 36 ...
4.. 254 278 335 31 31 2 96 xx 27 24 82 34 ...
5.. 244 181 357 31 29 xxx 95 xx 27 21 84 29 ...
6.. 265 195 368 30 29' xxx 98 xx 27 20 36 13 ...
7.. 267 295 384 2 33 xxx 4 xx 27 19 35 14 ...
8.. 262 315 380 x 32 1 2 xx 27 18 36 12 ...
9.. 257 321 380 x 32 1 1 xx 25 18 37 7 ...
10.. 257 321 385 x 34 2 x xx 25 19 37 7 ...
11.. 255 332 380 x 33 1 x xx 26 19 35 7 ...
12.. 201 404 375 x 29 xx x xx 25 6 34 7 ...
13.. 193 428 363 x 29 xx x xx 25 7 32 7 ...
14.. 182 443 355 x 33 xx x xx 25 7 34 7 ...
15.. 167 468 344 x 32 x x xx 25 19 31 xx ...
16.. 164 454 337 x 52 xx x xx 25 26 34 xx . M
17.. 176 442 332 x 57 xx x xx 27 *l9 36 xxx ...
18.. 174 458 330 x 42 xxx x xx 26 18 36 xxx ...
19.. 179 468 327 x 31 xxx x xx 26 19 37 xxx ...
20.. 178 456 340 x 36 , 1 x xx 26 10 41 xxx ...
21.. 144 426 395 x 54 xxx x xx 26 7 38 xxx ...
22.. . 166 430 372 x 52 xxx x xx 26 6 35 xxx 2
23.. 181 425 364 x 50 xx xx xx 25 5 34 xxx xxx
24.. 177 429 364 x 64 xxx xxx xxx 25 5 83 xxx xxx
25.. 169 424 364 xxx 58 xxx xxx xxx 25 4 34 xxx xxx
26.. 167 424 371 xxx 55 xxx xxx xxx 25 3 33 xxx xxx
27.. 166 423 371 xxx 60 xxx xxx xxx 25 3 34 1 xxx
28.. 165 423 368 xxx 62 xxx xxx xxx 24 4 36 xxx xxx
29.. 166 404 394 xxx 63 xxx xxx xxx 24 33 xxx xxx xxx
30.. 165 400 403 xxx 58 xxx xxx xxx xxx 4 33 xxx xxx
31.. 174 391 415 xxx 37 xxx xxx xxx 12 6 34 1 xxx
32.. 176 391 421 xxx 55 xxx xxx xxx 9 3 34 xxx xxx
33.. 180 380 421 xxx 56 xxx xxx xxx 13 3 34 xxx xxx
34.. 184 379 420 xxx 54 xxx xxx xxx 7 3 37 xxx xxx
35.. 222 376 409 xxx 34 xxx xxx xxx 5 3 38 xxx xxx
36.. 241 380 399 xxx 28 xxx xxx xxx 4 2 36 xxx xxx
37.. 202 386 405 xxx 50 xxx xxx xxx 1 3 33 xxx xxx
38.. *2ll 383 405 xxx 50 xxx xxx xxx 1 4 33 xxx xxx
39.. 74 468 440 xxx 71 xxx xxx xxx xxx 2 32 xxx xxx
40.. 19 490 467 xxx 78 xxx xxx xxx xxx 2 33 xxx xx
41.. 12 497 460 xxx 55 xxx xxx xxx 24 2 35 xxx xx
42.. 8 540 427 xxx 49 xxx xxx xxx 24 3 34 xxx xx
43.. 7 568 410 xxx 57 xxx xxx xxx 5 2 34 xxx xx
The following, not included in the table above, received votes as
follows:
Ring Lardner, one-half vote, and Irvin S. Cobb, one and one-half
votes, on the 23d.
Underwood. 1,9, 9, 4. 6, 1. 2, on the 24th, 25th, 26th, 27th, 28th, 29th
and 30th ballots, respectively.
Pershing, one vote in the 26th ballot.
Jones, one vote on the 26th.
Hines, one vote on the 28th.
Daniels, one vote on the 31st.
Annette Adams, 1; Bonnhvell, 2, and Lewis. 6. on the 37th ballot.
Colby one vote each on the 39th to the 43d ballot. *
Clark received two votes on every ballot from the 23d to the 43d, ex
cepting the 26th and 35th, when he received 3. On the 37th he got no
votes.
AMERICAN
CENTRAL
LIFE
! Home Office Monument l'lee*
INDIANAPOLIS, IND.
ESTABLISHED 1800
OFFICERS
HERBERT M. WOOLLEN, President.
EVANS WOOLLEN. GEORGE E. HI.ME.
First Vice President. Treasurer.
FKANK W MORRIsOK, RUSSELL T. BYERS,
A ice President. Malinger Loan Department.
HARRY K. WILSON, ROBERT STI KTEA ANT,
AI *e President. Assistant Secretary.
it. F. BELISLE. H. L. CLARK,
Vice President. Assistant Actuary.
ROY HINT. GREENLY V. WOOLLEN,
Vice President. Medical Director.
EDWARD A. MEYER, CARL H. McCASKEY,
Secretary. Assistant Medical Director.
HENRY W. BITTOLPII, I. KENT LE.ASIKE,
Actuary. Assistant Medical Director.
A SUMMER
CRUISE
You are tired of the heat
and of cities—you want to
be cool for days, to get
rested. A cruise on the
Great Lakes is the trip
for you. /
For illustrated literature
and complete information
Steamship Department
Fletcher American
Company
INDIANA DAILY TIMES, TUESDAY, JULY 6, 1920.
DEMOCRATS MEET
TO NAME TICKET
MATE FOR GOV. COX
(Continued From Page One.)
cession, participated In by wearily de
lirious partisans, the scenes of which
will live long in the memories of those
who witnessed them.
The last ballot started by giving the
Ohio governor majorities from the very
first.
As state after state fell into line for
Cox It became certain that nothing shun
of a miracle could stop his nomination
either on that ballot or the next suc
ceeding one. •
Every one knew It was close to a nomi
nation. Half a dozen chairmen of delt
gatious which had voted for McAdoo,
quick to scent the drift, leaped to their
feet clamoring for recognition.
They wanted to register changes lu
their votes.
They were a bit too slow. Unobserved
by many, Samuel B. Amidon, national
committeeman from Kansas, and one of
the McAdoo managers, had come quietly
to the edge of the speaker’s platform.
He tugged at Senator Robinson’s elbpw.
“The gentleman from Kansas,” "bel
lowed Robinson above the din.
The hall was in an uproar.
Amidon raised his hand for silence.
Robinson was pounding madly with his
gaTel and the table was dancing under
the force of his blows.
“I move,” yelled the Kansan as soon as
he could make htmself heard, “I move
that the nomination of Gov. James M.
Cox be made unanimous."
For a bare instant there was a hush.
Then the hall was thrown into an uproar
again.
For five minutes the uproad continued.
Robinson fairly shivered the table with
bla rain of blow* from the gavel.
When he succeeded in restoring a sem
blance of order, he put the motion of the
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gentleman from Kansas to the delegate*.
There was a roar of "ayes” to hi* ques
tion and If there were any noes they were
lost In the coming chorus.
Things started breaking favorably for
Gov. Cox at the beginning of the night
session.
Thirty-four ballots had been taken up
to that time and on none of them had
any of the leaders showed any formidable
strength.
McAdoo had passed Gov. Cox on the
thirtieth ballot In the late afternoon.
For six ballots McAdoo held the lead,
with Cox always close behind and trail
ing the two of them was A. Mitchell
Palmer.
The big Pennsylvania delegation, aug
mented by Georgia’s twenty-eight votes
and a scattering of others, had kept the
attorney general always In the running.
When adjournment was taken for
dinner at the end of the thirty-sixth bal
lot, party leaders and delegates were al
most a unit In declaring that the situa
tion was hopelessly deadlocked.
On the thirty-seventh and thirty
eighth baßots after the convention met
m night session, the situation remained
practically the same.
McAdoo led on the thirty-eighth with
405.5 votes. Cox polled 383.5 and Palmer
211.
Just after the official resultr of the
thirty-eighth hud been announced,
Charles C. Carlin, the Palmer manager,
took the platform.
“X am Instructed,” he said, “by A.
Mitchell Palmer to Inform those who
have supported him that he greatly ap
preciates their loyalty. Mr. Palmer,
however, Is unwilling to delay the pro
ceedings further and he has authorized
me to release the delegates pledged to
him so that the next president of the
United States may be nominated here
tonight.”
Carlin then moved a twenty-minute re
cess in order to give the delegates time
to consider the matter.
Connecticut, Massachusetts. Michigan,
! Rhode Island, Virginia and the District
of Columbia, which had formerly given
THE FAIR
STILL IN OUR OLD LOCATION
407-417 WEST WASHINGTON STREET
Palmer majorities of their delegations,
switched over to Cox.
The Palmer strength fn Georgia, In
Maine and in Porto Rico was given to
McAdoo.
Palmer’s own Pennsylvania delegation
hung with him on the next ballot as a
parting mark of respect.
Later it gave a majority to McAdoo
until the final forty-fourth ballot, when
it switched to Cox.
The inheritance of so much Palmer
strength again shot the Ohio governor
Into the lead. He polled 468.5 votes on
the thirty-ninth ballot and after that he
was never headed.
McAdoo had 440 on the same ballot.
On the fortieth ballot Cox went to
490.
On the forty-first ballot he went to
497.5, on the forty-second he shot ahead
to 540.5, on the forty-third he received
586, and at last he went over.
PAPER SAYSINDIANA
STARTED STAMPEDE
Special to The Time*.
SAN FRANCISCO, July 6—The San
Francisco Chronicle, independent news
paper, attributes the start of the Cox
Stampede to the action of Indiana in
withdrawing eighteen votes from Mc-
Adoo immediately after Palmer got out
of the race.
The Chronicle says this action shook
the faith of McAdoo delegations and gave
the impression to the released Palmer
delegates that Murphy, of New York,
Brennan, of Illinois, and Taggart, of In
diana, had determined during the recess
to name Cox.
When Palmer withdrew Indiana was
voting for McAdoo, with the exception
of George Pigman, of Liberty, who re
fused to cast a McAdoo vote.
During the recess, State Chairman
Bosse, of Indiana, and W. H. O’Brien
lined up the delegates for Cox, and by
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reason of Indiana’s place in the roll call
this switch had a decided effect.
cox at 'Office
WHEN NEWS COMES IN
DAYTON, 0., July 6.—Gov. James Mid
dleton Cox was at his newspaper pub
lishing plant when he received word that
he had been nominated as the candidate
for president of the United States by the
delegates to the national convention at
San Francisco.
The word came in the form of a tele
graphic flash at 4 :40 a. m. today.
Cox’s paper got out an extra and the
first copy was handed to the governor.
Gov. Cox is 50 years old.
Among his intimates he is known as a
"regular fellow.’’
He likes dogs, golf, hunting, fishing
and work.
He is robust, weighs about 165 pounds
and is stockiiy built.
He was born on a farm near Jackson
burg, 0., a few miles from Dayton.
He spent his youth working on a farm
and attending school near his home.
He was developed in the Bacd school
of experience.
His early education was obtained in the
public schools.
When young he started to work as a
printer’s devil, then taught school, be
came a newspaper reporter, was private
secretary to a congressman, became edi
tor and owner /bt two Ohio newspapers
and finally was elected governor.
Hlb third term as governor wiir“end
in 1921.
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