The Indianapolis Star from Indianapolis, Indiana • Page 9

THE IXDIAXAPOLIS STAR, THURSDAY, NOVEMBER 1, 1934. News of the Courts. FRED W. GUNSQLUS RELEFSTRKERS DIES AT HOME HERE IS Crowd of 200 Marches on Denver Speakers Urge Federal Walkout Jmmmy-mmmmmmg irSEME COTBT. ABSTRACTS.

Criminal Law Court, and Eecorda- Suuif for Triai. 15M. O'Malia to. Btata. Lake Cr.

Ktvem4 aa of of submiuioa. Fancier, J. U) Appellant waa convicted of importing voter far the 1M primary election, and waa Sued and eemenced te priaoa, nut waa let aut on bail and kaa luce died. Appellant' affidavit for cnang of Judge waa averruied on La. ground Wat it waa not pretested in time under Burn' J92S Supplement, 223S, providing that aa affidavit for Chang aaiut be nied tea days actor tral, tn court reciting that Uw causa, oa June ZO, was set lor trial oa June 30, nut there an order book entry of suck netting at the cane tor trial, and appellant contends that the court can peak only by its record.

After appeal the appall sought, by nunc pro tunc proceed-inits, to supplement the record la show such auignntent for trial, and en the hearing then waa introduced a rule of court foe tn tUng of the case on the frit Monday in April and July, and supplemental settings, and that the prosecutor should 11 a list of the settings in the clerk office, and so tailed trial call list testi-led to Band. ut en June 20, beginning Jun 30. but tn list dor not purport be signed by any one, and that the )udr orally approved th list. "A court speaks only by its record, and court order are only such as appear oa th record, or were nt th tlm they were mad Intended to appear oa rcord. It aa order, properly made, la by Inadvertence emitted from the record, th record may supplied by aa entry nuns new tune, but to Justify sucb aa entry some written memoranda or memorial must exist la th record of th court contemporaneous with or preceding the dat th alleged action Th affidavit for chaag at judg should have, been granted.

Appeals Record to Present Error. ISMS. Maxwtll vs. sjtata. Marion Cr.

Affirmed. Hugh, C. J. (1) The only alleged error attempted to be presented la alleged error Is the evtrruling appellant's motion for aew trial, but that motion assigned forty-elx alleged grounds, and sppellnat only attempts to support aevea of them, so alt ether matter, are waived. Ther la bo bill of exception, bring up th Instructions, but they sought te Incorporated in th record entries, so are not before the court.

Ther is ne proper blU of exceptions to bring th evidence In th record; nt th time of over ruling th motion for new trial th record show a granting ninety days to file a "transcript," but no showing of time to file any bUl of exceptions, and thirteen days after the overruling of th motloa for new trial the record shows a granting of sixty days In which. to file bills of is all you need to pay FOR A FINE OVERCOAT You can take Richman Brothers word for that for you couldn't get any smarter style, more wear or more comfort no matter how much more you paid. You certainly couldn't find a more complete selection of patterns, models, fabrics or styles. Remember, wc have every type of overcoat that truly well dressed men are wearing this winter. Richman Brothers is one place you neednt worry about fit.

Wc have sizes and special models for every physical type and bodily proportion, and wc guarantee to fit you whether you arc a short and slender flyweight or a tall and stout heavyweight. WiiSipillpfe 11111 ilflllll viiiiiillpiliii (Picture r(e 15.) DENVER, Oct 31. () Relief itrike agitator, who dispersed at auburbaa Englewood this morning after police displayed hoitility, inarched on Denver this afternoon and assembled at Civic center. Police permitted the crowd, numbering about two hundred, to gather and listen to the addresses of several speakers. Spokesmen said the meeting was called to protest police action yesterday during bloody rioting after a mob of about three hundred attempted to halt work at a relief project, Urge Belief Walkout It had been reported the crowd Intended to picket work relief projects in adjoining counties.

Speakers urged Federal relief workers to "walk out in a body" because of reductions they said had been made in Federal relief work here. Police today obtained a warrant for the arrest of William Golden who waa accused of attempting to rescue a prisoner from an officer. It was during the rescue attempt that the riot started. FBED W. GCNSOLCS.

Retired Patrolman Served on Force 28 Years Funeral to Be Saturday. A 4 Fred W. Gunsolus, 81 years old, retired patrolman of the Indianapolis police department, died yesterday in his home. 515 Blake street, after a ifltlfij exceptions, but ther waa no authority of long illness. He had been in failing Above all, bear in mind that our great co-operative organization of workers makes all our clothes ia our own tailor shops you save the middleman's profit.

neann since ne suffered a stroke of paralysis about two years ago. Mr. Gunsolus was humane inspector for the police for many years and for several years was stationed at Illinois and Washington streets. pie was a member of force iwemy-eignt years ana was retired twelve years ago. Before Joining the force he was a tinner and mechanic.

He worked on the copper installations atop the Monument and on the Statehouse. Spoke Seven Languages. Funeral services will be held In the home at 2 o'clock Saturday afternoon. Burial will be in Crown Hill cemetery. in court nt that tlm to grant tim to Si bills of exceptions, nor does th attempted bill show In any way that It eon tains all the evidenc.

Not It there any proper record showing to support appellant's contention that ther waa mwcoa-duct of th prosecuting attorney oa tht trial. Thar It ao real question for dct-lion prented the court. Case former Jeopardy. teiSS. Arrol vs.

Stat, Miami C. C. Reversed. Hughes, C. (1) Appellant was convicted of Iran.

port ing liquor la aa automobile. It It shown that appellant wat convicted la th City Court of transporting liquor under See. 1717, Burnt IMS, which Is a misdemeanor. In ths Circuit Court he waa charged and convicted under lee. 2720, Burns 12, which It a felony.

Ther Is no contention but that th nam act waa th baiia of both charges, and he contends oa appeal that the decision It contrary to law, and thit contention la sustained by the Supreme Court. The court points to tn constitutional provision against being twice ia jeopardy. "The charge in th Circuit Court could not hav been proven without proving th act of tranaporting In the misdemaanor case th sam evidenc in both esses with th additional evidenc in th felony east of transporting in aa automobile. Under th nil laid down in th MAKCH ENDS IX COtBT. Albany Protesters Admitted as FIBA Investigates Clash.

ALBANY, N. Oct New York's hunger march ended in Police Court tonight, and the Federal Relief Administration began an inquiry into the marchers' clash with police who barred them from the city yesterday. The FERA asked the New York state relief administration also to find out why more then one hundred marchers, some of them wounded, slept on a windswept hillside all night George Clark, district officer of the state FERA, went to Police Court to witness the arraignment of seventy-four marchers. After a telephone conversation with the FERA in Washington, Clark said he had been asked to make a report on the incident. At least twenty-five men were beaten, eleven so seriously they were sent to hospitals.

Permitted to Enter City. "There will be no more sleeping In the fields," Clark announced. The marchers who fled from last night's disorder were permitted to enter the city in a long procession late today. Through long lanes of police, about one hundred and twenty-five duty men and women tramped Your Little Girl Can Buy a COAT SET Like Mine in the Baby Shop for $1098 As light an'd fleecy as a bank of snowflafces, it keeps her little body in a glow of warmth. Of pure virgin wool, with hand crocheted edges of rabbit angora.

In maize, cornflower blue or petal pink. Sizes 6 months to 2 years. The Same Suits for Little Brothers, $10.98 Mr. Gunsolus was a student of language and spoke seven. He was bom in Columbus, O.

His wife, Mrs. Mary Gunsotas, died eight years ago. A son, the Rev. Charles H. Gunsolus, pastor of the Christian Spiritualist Church, with whom he made his home, survives.

Sidney Zier, Lifelong Retident of City, Diet case of Anderson vs. State" (187 Indiana, 4) "supra, when the factt necessary to convict on the second proecutlon would necessarily have convicted on the first, a Anal judgment on the first will be a bar to the second, hold In th instant case. that the final Judgment tn the City Court it a bar to the charge Sled in the Circuit Court, and th finding and Judgment In tn latter court it contrary to into court. There they saw their ar Condemnation Stat Highways High rested companions arraigned on way 1603T. Root et al vs.

Btata. Porter C. charges of disorderly conduct. Police let the party march two-by- C. Affirmed.

Treanor, J. (1) Proceeding Toh' Shop ay appenee to condemn real estate for im two. All traffic stopped while they shuffled uptown. Some were neatly provement of a highway at a highway Intersection, It was sought to construct a viaduct for on highway to cross the other at a higher level. Appellants con dressed.

Others wore shabby clothes. tend that the st.te it not given the power All were weary-eyed and silent. Truck Carries Wounded. Moving slowly ahead of the proces oy law to condemn iana lor uie purpose or sc pa ratine the grades of two highways sion was a truck carrying seventeen wounded men. The truck parked HOMESTEAD RELIEF Appeiie contends that sucn a contention it a collateral attack of the power to separata -grades, that th state hat a right of condemnation, without dragging that question In.

Th court holds that ther I only right to condemn for a proper public purpose, but that th delegation of th power to condemn for a purpose carries with It th authority to determine the outside of the court with its Injured occupants. The marchers still intend, spokes f- Or 5 V. I men said, to lay their demands for MAY PASS BILLION need for th purpose, and where there It winter relief before the state. authority to teparat grades of nignwaya the courts will not review tht decision of Governor Lehman's office received th proper authority of th necessity for about one hundred telegrams of pro me separation. Tn court taxes judicial nolle of tht present traffic conditions on test against yesterday's police ac fit: in lv (J i0y(! ff ALL ONE PRICE 1 i.

mm g. i 4 -wi 1 t(i))(f))50 iL ri ninnwaya and tn problems involved ana The subsistence homestead division of the Interior Department, with only $25,000,000 to spend so far, has received request for expenditure of the court holds that separation or grades It a construction problem. Th pleadlngi by the several appellants are stated and at to th contention that there It no showing in th evidence or finding to support tion. Albany city officials Issued statements saying the marchers started the disturbance and police were justified in swinging their clubs. Spokesmen for the marchers accused police of starting the trouble.

14,500,000,000 to $5,000,000,000. tnt allegation in tn petition tor con- Cursory examination of these applications, officials averred, indicated nemner to mane errori to ooiain rignt or tire, itv la held that failure of the con demner to make effort to obtain right fo that about a third, Involving $1,500, 000,000, had merit. 3 Projects Now Approved. way prior to filing proceeding! would bt a matter for abatement, and not In bar, and that It can not considered In this can on appeal. Appellants could not be WASHINGTON, Oct.

ouUay of $1,500,000,000 for subsistence homestead developments over the next few years was under consideration today for inclusion in President Roosevelt'! new public works program. Expenditures in this direction would have the double purpose of taking thousands of. families off relief rolls snd boosting construction. Officials said the government's present efforts to provide cheap homes in rural communities for stranded groups and workers In the low-wage class could be expanded many times within the next twelve months. Condemnation May Be Ordered.

The government may resort to con- damnation nrnreerilno In thai futur Records' of the division showed also that ten to twenty requests had SIDNEY ZIEB. Sidney Zier, 26 years old, a life-Ions; resident nf Tnilianannlla rflul harmed by tne admission in evidence oi appellee' Exhibit 1, a resolution of the highway commission, as it waa only a been received from individual fam yesterday in his home. r'niip matter or law of tn purpose of tn commission in taking th properly. The ques ilies for each homestead unit tions involved and discussed In the opin avenue, after an illness' of four ion are such that It Is hard to condense financed with Federal funds. Indl vidual requests for homesteads to' and properly present.

Th opinion covers momns. Mr. zier was a graduate of Butler University in the class of 1931. and a s-rarliiat. nf Kmmarirh th matters above.

Appeals Presenting Error. PEGS WHEAT PRICES Government Asks Action Because of Selling by Outside "Interests." taled five hundred thousand. The sixty-three projects approved to date would provide homes for about Manual Training High School. 2(183. Ciidtr vs.

State. Monro C. C. Affirmed. Roll.

J. (1) Appellant wat three thousand and seven hundred, convicted or megai sai or liquor ana unerai services will be held in the home at 2:30 o'clock this afternoon. Burial will be in the Hebrew round not guilty on a second count or The job of building rural-industrial villages for destitute families and maintaining a liquor nuiaance. Appellant has assigned as on of th alleged errors In his assignment of errors, th overruling those In the low-wage classes is be speed purchase of land for home- stead developments. Condemnation has not been used In the past, and land-buying delays have been Mr.

Zier was associated with his father. Jarnh 7.ior finrv frnif of hi verified motion for a change of ing shared at present by the subsistence homestead organisation and ludge. but thit presents no question on ap peal as the matter must be brought up at the relief administration, a ground for new trial to present it on vegetable dealer at the City Market, Survivors are the parents, a sister, Miss Edna Lillian Zier, and a brother, Bernard Zier. appeal. Tht ground tor ntw trial It the WINNIPEG, Oct.

the request of the Dominion govern aumciency oi me evidence ana mat me decision is contrary to law, but ther It torn evidence to support th decision, to Marie Weilhammer ther is no error snowa to support a reversal. ment, the Winnipeg Grain Exchange announced tonight that wheat prices would be pegged, effective tomorrow, at 75 cents a bushel for December futures and 80 cents a bushel for May. ACTION. 55975. South Rid Motor Coach Corpo RICHMAN BROTHERS Diet After Long Illnett Mrs.

Marie Katherlne Weilham ration vs. McFtnana at al. Marlon 8. c. Appellants' petition for rehearing it de mer.

78 veari nlrt a nntivo nf Cor. nied. John I. McFarland, general man many who had been a resident'of In- ESTABLISHED 1879 MINUTES. 2MS0.

BUtt rel 833 North Meridian ager of the central selling agency of the Canadian wheat pools, said im Street Realty Company vt. Marlon Circuit Court et al. Respondent return to peti mediate government action had been aianapons miriy-nine years, died last night at her home, 609 Parkway avenue, after an illness of one year. Mrs. Weilhammer was born in in Ufi I iiil filf old tion for proninmon.

2460. State ex rel McNutt et al vt. found necessary because of resumption of heavy selling by "interests" outside the Dominion. Open Saturday Evening Until 9 O'clock 36 East Washington St. Next Door East of Washington Hotel Orcott et al.

Monro C. C. Appellee it granted additional time at prayed. 2M34. Johnson vs.

Stat. Vigo C. C. Appellant's petition for time and notice. ucky GIE1L The peg keeps the December op Munich.

She came to this country In 1882 and lived in the East several years before she came to Indianapolis. She waa the widow nf Mirh.al tion price at the level of the market's close today, while a gain of i of a cent will be necessary in the Weilhammer, who died about five May future, wnicn closed at 791 years ago. Mrs. Weilhnmmpr xeam a mnmhnr cents a bushel. Restrictions In Mind.

"There Is evidence that the Win of Sacred Heart Catholic Church, the Altar Society, the Christian Mothers' Society and tho Third Order of St, Francis of Sacred Heart and the Mother of God Society of St. Mary's. Survivors are three daughters, Mrs. Harry Richardson and Mrs. Arnold nipeg market is still the target of interest foreign to the wheat producers of western Canada," said Mc Farland.

"While the government o-- bt right tizpb tat tht Room 3. 79873. Ada Starr vi, David Starr. Di has in mind certain restrictions that will prevent a recurrence of the heavy selling operations witnessed the last few months, it will take some little time to put these into vorce. Joseph Markov.

79878. Retailers' Credit Association VI. Maria Youngman. Replevin. 8.

C. Morrill prevts tfcsy tre. Room 4. 79874. City of Indlananollt vt.

Ann 'In the meantime the government AfPEI.LATE COURT. ACTION, 14812. Maryland Casualty Company vt. Rottper, receiver. Marlon C.

C. Cause It set for oral argument on Nov. 20, at 2 p. m. One hour on each side.

Eattbtirn et al vt. Board of Finance. St. Joseph S. Causes are set for oral argument Nov.

21, at 10 m. One hour on each tide. 15228. Fleeger et al vt. Nicholson Brothers et al.

Industrial Board. Cause I set for oral argument on Nov. 14, at 10 a. m. Oa hour on each lids.

MINUTES. 14739. Mellenctmp vt. Reevea Auto Company. Bartholomew C.

C. Appellant'! petition to transfer to Supreme Court. 14RSO. Crawshaw et al vt. Mead Balrh Construction Company et al.

Marion 8. C. Appellants' petition and briefs to transfer. 14623. A.her vs.

Craig et al. Marion C. C. Petition and briefs of appellee, Rota Craig, to transfer. 14276.

8howHer et al vt. Fletcher Avenue Ravings and Loan Association. Marion C. C. Appellants' petition and briefs to transfer.

14601. Sample vs. Butler University it al. Marlon C. C.

Appellant's petition and briefs to transfer. 15328. Aetna Insurance Company tt al vt. Robinson it al. Davien C.

C. Appellants are granted time. Including Jan. 15244. Thomas et al vs.

Rehwlnkel et al. Carroll C. C. Appellant' amendment to briefs. 15191.

Republic Creosotlng Company vt. Hiatt. Marlon S. C. Appellant it granted time, Including Nov, 30.

14676. Aetna Life Insurance Company vi. weatherhofg ct al. Allen 8. C.

Appellant's briefs. Butler et al. Assessments. Edward Knight, James E. Deery, Frank Bcldenstlcker.

79879. Margaret Dion vs. Stanley Dion. la not prepared to stand by and watch the demoralization of the Canadian farmer's market by interests outside the Dominion, and has therefore asked the officials of the Winni Divorce. E.

C. Bnswell, 79884. Ira Davis vs. Pearl Davit. Di vorce.

Thomas MrGee. 79889. Iva Griffitts vs. John Powell. Money had and received.

Henderson A peg Grain Exchange to 'peg' prices until such time as regulatory action can be taken." MRS. STRONG AND DAUGHTER, NANCY "Dr. Caldwell Syria Ptaita breught relief at once," Mrs Mrs. A. G.

Strang el $4-47 ftth St, Jsckssa Heighls, N.Y. If anyone in your family is occasionally sluggish or constipated; especially any child, you ihould knowthii medical truth: Henderson. Room o. 79875. Charles Bchwcrt vt.

George Lutl. in 9 Aaches Most vrm Lien. C. W. Appleman, Martin Mark.

7BRRfl. winiam Voiel vt. John Rose- PATIENT HAS PAINS; meyer tt al. Lien. Frank J.

Noll. PROBATE COURT. MR3. Nellie Underwood vt. Peonies State Bank, executor et al.

Will. Geckler 3 SPOONS, 23 NAILS, FOUND INSIDE COLUMBUS, Oct 81. (-A Boyce, Johnson Zechlel. scnaaa oi inaianapolis and Mrs. Anthony Hinz of Anderson; three sons, Michael, Thomas and Joseph Weilhammer, all of Indianapolis, and eighteen grandchildren.

Funeral services will be held in Sacred Heart Church Saturday morning. Hour of the services has not been set. Burial will be in St. Joseph's cemetery. JACK STOREY.

Funeral services for Jack Storey, 64 years old, prominent stock company actor, will be Tield at 2 o'clock this afternoon in the Franklin Presbyterian Church. Burial will be in Franklin. Mr. Storey was injured fatally when he was struck by an automobile at Twenty-sixth and Meridian streets Monday night and died in St. Vincent's Hospital.

He was visiting a sister, Mrs, Thomas F. Larkin, in Indianapolis. RALPH F. JESTER. Ralph F.

Jester, 42 years old, 526 Concord street, died Tuesday in the United States Veterans' Hospital in Dayton, where he had been a patient five months. He was born in Indianapolis and served with the 84th division, Company of the 333d infantry during the World War. Survivors are the widow, two daughters, Mrs. Margaret Pike and Miss Ruth Jester; his mother, Mrs. Mary Jester; two sisters, Miss Irene Jester and Miss Juantta Jester, snd two brothers, Beecher Jester and Arthur Jester, all of Indianapolis.

Funeral services will be held at i o'clock tomorrow afternoon in ths residence. Burial will be In Crown Hill cemetery. fYnrrfith atet W. 8 The earn rf0tw8.Ji" SUTS FII.EII IN MINICIPAL COl'RT. Room 1.

54773 Dee Jewelry Company vt. Roy woman patient at Columbus State Hospital complained of pains. An o-ripe, 5 effecu Griffith. Replevin. Leo Kamlnsky.

54H77. Methodist Hospital vt. Ralph mil) X-ray examination and operation Cottey et al. Account. Frank Jeffrey.

were ordered. 54379. Methodist Hospital vs. Herbert Here's what the surgeon. Dr.

selves, not make matters worse. Dr. Caldwell's Syrup Pepsin is an approved liquid laxative containing herbs, active senna, and cascara, and is the one widely used. You can always obtain it at any drug store. Why not make the "liquid test" which has attracted so much attention of late? It helps nearly everyone who tries it.

It may make you feel better than you have in a long time. If you will risk sixty cents to discover the natural, comfortable action of Dr. Caldwell's Syrup Pepsin, we believe bowel worries will be over for your household. You cannot get safe relief with any medicine if you cannot regulate the dose. And to regulate dosage, you should have a liquid laxative.

a liquid laxative, you can gradually reduce the dose. And that is the secret of safe relief from lluggish, constipated condition. Why Dwcton Um Liquid Laxatives A liquid laxative can be measured. Its action can be thus controlled. If properly made, of natural laxative elements like senna and cascara, it forms no habit even in the youngest child.

And such a laxative will help the bowels to help them-1 Wright et al. Account. Frank Jeffrey. i 1 I 55.181. Charles Wollver vt.

William Marlow. Account. V. M. Armstrong.

54.169. William Clevenger vi. Mabell Prettyman. Account. Holder Dlven.

SCITS FILED IN COUNT! COURTS. CIRCUIT 'COURT. 49978. Clydi Brauchla vt. Hootler Cab Company, Inc.

W. T. Qulllln. 499TT. Esther Dean vt.

Union Cab Company. Damagei. Walter Todd. 49978. Burnet-Blnford Company va.

Charlet Walker et al. Recovery of lands. 8. K. Rulck.

3956. Petition of Ernett Napoleon Stretshbery to change name. Spencer A Spencer, Albert Neurerburg. SUPERIOR COURT. Room 1 79878.

Wllllim Zaring vt. Stanley Barnes et al. Improvement bond. W. Appleman, Martin Mark.

Room J. 54365. GeorK Wlldsian va. Herman Recommended by more than 50,000 physicians Kollman. Damages.

Beth 8. Ward. 84367. Bikes vs. Arthur Shultz.

Account. Bamberger Felbleman. 54371. Jordan Conservatory of Music George Peters, found In her stomach: Three spoon handles, ten parts of bed springs about three Inches long; twenty-three nails of different sixes, some two inches long; three good-slsed safety pins, four hair pins, a piece of string a yard long and many small pieces of iron and pins. Except for an infection in the abdomen, the woman's condition was reported as good by hospital attendants today.

They had been unable to learn how she happened to swallow the materlftli, vi. Don Kersey. Account, Erve Hanford. -Room S. 54388.

James Clearv vs. Chnriei Mulr. Damn get. James Ermiton, 54368. Fnv West vs.

Irving Boca. 64374, Walter Blasengym vi. Thaddeus Allen et al. Debt default. Forrest L.

Hackley. 54372. Tlorencs Howell vs. Alva Laeiy. Possession.

Wesley Bwalls. 84382. 'Eugene Dedman vs. Cortdta Harding Chevrolet Company, DamagM. F.

W. Uttltloba. Merrick. Service. Fenstermacher, McCarthy Richards.

54380. Methodist Hospital vs. Annette Bearle. Account. Frank Jeffrey.

54378. Methodist Hospital vi. Joseph Campbell. Account. Prank Jeffrey.

64378. Edwin Thompson vi. H. Goodwin. Poeeesslon.

Edwin Thompson. TMTT. Bhimit Tnmpklni vs. Howard acr men. Aowara unmee.

Waget. Keller It Teegarden. 843M. Ralph Eaton vt. Wayne ttona.

Replevin. Charlet Mndenhall. 4370. Tbaodors ItiCarttt vs. William 7988TT- Jgsiei Price vt.

Burton Kings. kury st li Mots, faal Hjtck..