The Kokomo Tribune from Kokomo, Indiana • Page 1

THE KOKOMO TRIBUNE VOL. XLIV--NO. 212 EVENING EDITION THE KOkOMO DISPATCH TM KOKOMO, 6,1.932 TWELVE PAGES CENTS DEFEAT MOVE TO RECALL TAXJILL FRAUD ALLEG I Suit Brought by Receiver Bryant to Set Aside Real Estate Conveyances. ACTION INVOLVES $15,375 Amanda Armstrong Alleged to Have Deeded Properties Gratis to Daughter. Alleging resort to fraud to defeat collection of a 100 per cent assessment on shares of stock in the Citizens National an in- xtitution which has been defunct October 23, 1931, Frank W.

Bryant, receiver. Saturday, through the law firm of Ovcrson Manning, lllcd In the Howard circuit court a suit to act aside two of Kokomo real estate, made by Amanda Armstrong to her daughter, Gcraldlne The action is based on a judgment which Receiver Bryant obtained on July 11, last. In the United States District Court for the South- orn District of California, at LOB Angeles, against Amanda Armstrong, In the amount of 515.375. This was the outcome of a suit to collect a 100 per cent assessment against Mrs. Armstrong on the 150 nhnres of stock she owned in the bank at the time It failed, and Interest on the same from the date on which demand had been made for payment.

The 5375 represents the amount of the Interest. No Confederation Alleged. Tn the suit just filed In the Howard circuit court, Receiver Bryant alleges that on February 11. last, Amanda Armstrong, with purpose to avoid paying the assessment whldi had been levied against her, 1 in common with all in the bank, conveyed to her daughter. Gcraldine Scott, the lot and business block thorcon, at 206'West Sycamore street, occupied the Furniture company's "tore, and the residence property, known as the Armstrong home, 808 West Walnut street.

Thcue conveyances, It alleged, evidenced by deeds copied into in the Howard county office, in certain volumes and on certain pages cited In the complaint. These records state, it is averred, that the consideration for the conveyances was one dollar. The complaint alleges that, as a matter of fact, no consideration whatever was paid, then or.at any time since: that the transactions were fraudulent, and that they were consummated by Amanda Arm- utrong and Gcraldlne Scott with design to enable Mrs. Armstrong to avoid paying her assessment on her Citizens bank stock. It Is further alleged tlial.

as fai- ns Receiver Bryant knows, Mrs. Armstrong has no other properties which a sufficient amount of money to meet the judgment, for $15,175 could be realized, Property Is Vnliinblc. For the variotis reasons pleaded, the complaint asks that the conveyances be set aside and declared null and void. Such action would enable the receiver to proceed by judicial process to make the amount of the assessment out of the two proper- tics mentioned, which are reckoned to be worth considerably more than the amount of the judgment. Thomas C.

Scott, husband of Gcraldlne Scott, is also made a party defendant, along with Mrs. Armstrong and Mrs. Scott, to answer to any Interest or claim he may have In the two properties. The assessment against all shareholders of the Citizens National bank was ordered by the comptroller, of the currency on December 22, 1931, and demand was made on the shareholders on January 29, payment of such assessment. Mrs.

Armstrong, it is said, I nnd refused to pay her assessment. Later, she moved to California, which accounts for the fact that the judgment against her was obtained in the Federal court of that, state. ROOSEVRT CALLS ON WALKER FOR PUBLIC HEARINGON CHARGES Hyde Park, N. Aug. Roosevelt announced today-he had called a public hearing In the Walker case for Thursday, Aug.

11 In Albany. Telegrams -were sent to Mayor James J. Walker, Samuel Seabury. William J. Schief- relln and James E.

Finegan. Mr. Roosevelt's announcement that Mayor Walker would be given an opportunity publicly to defend himself came after Flncgan, a Brooklyn man, had made public the telegram he had received from the governor. Walker's removal was demanded after the Hofstadter legislative committee had Investigated- the mayor's administration. Seabury, as counsel for the committee, did not prefer charges, against the mayor, but he drew conclusions from the which, he claimed, justified the ousting of Walker.

The mayor, Seabury held, had illegally used his office for. private gain, and had failed- to explain huge bank accounts alleged to have been held Jointly by Walker and Russell Sherwood, countant. miissing ac- ROGER.S "A Beverly Hills, August 6 --Every year it gets harder and harder to tell the difference between a Republican and a Democrat. (Course outside of the looks.) Their platforms and policies become more and more alike, but I believe I have found the sure way to tell one from another this year. It's the way they talkl The say.

"Well, things could have been worse," and the- Democrats any, "How?" Yours, tW. Kidnaping and Murder Counts Filed Against Client of Institution. Springfield, 111., Aug. Kidnaping and slaying of John B. Colegrove, a Taylorvillc banker recently convicted of causing his bank to fall, were charged by warrant today agaln.it James Gan a disgruntled former depositor in Colcgrovc's Institution.

He-, was arrested- today i washing what the police believed was blood from automobile. In his house were found Colegrovc's wallet and other articles, which officers said' discredited his story that blood on his' clothing came from killing rabbits. Colgrovc was attacked, beaten and dragged from his house late last night by two men. No formal charge had as yet been placed against another suspect, Amelia Buzzoti', 32. who said he was from.

Detroit. He was arrested with Gammaitotil. Two years ago, TayJorvillc police said Gammaitoni fired twice point blank at Colgrove but missed. Charges were place against him, but were dropped, authorities said, partly due to the former bank president's unwillingness to prosecute a man, whose action had been prompted by loss of all his savings through failure of the bank, a year earlier. Meantime the body of the bank- Sheriff search er had not been found.

Welnlke continued the along Sugar Creek, on the bank of which a bloody shirt, partially identified as belonging to one of the suspects, was found. NEW TRIAL IS ASKED J)WARD S. PALMER SEEKS ANOTHER HEARING IN KIRKPATRICK CASE. Chance That Appropriation for Office Would Be Op: tional Fades. HOUSE KILLS BILL ON (T Measure Would Have Given Counties Right to Eliminate Item.

Motion for a new tria.l in his suit to break 'the will of Emma P. Kirkpatrick was filed in circuit court Saturday by Edward S. Palmer, a brother of Mrs. Kirkpatrick. In the motion, Palmer's attorneys allege that the court erred in giving nine defense instructions to the jury which tried the case last month, and that the jury's verdict was not sustained by the evidence.

The jury returned a' verdict in favor of the defendants, Lloyd McClure, executor of the Emma Kirkpatrick will, and others, on July 7. Counsel for Palmer arc William C. Ovcrton, Jcssup and Strode, and Fred Byers. When the Howard county council opens its regular session September 6 it will be confronted again with one of its-pet aversions, the request for salary and expenses of the county agricultural agent for 1933. 'And the request will have to be allowed.

than a week ago there, appeared some prospect of the special session of the Indiana legislature making employment of county agents- optional, and members of the council here were closely following the fate of the bill. They had tussled with-the $1,500 item Involved for several years and In the last two years had appropriated it only after mandamus proceedings had been instituted court on behalf of the agent. Killed In the House Friday the councilmen learned that the proposed measure which would allow counties to do away with the office if they desired had been killed In the house of representatives. It wan originally a senate bill and would have left to the people whether they wished to pay an agricultural." agent. Through existing statutory re quircments, the agent must be rec ommended by the Purdue university agricultural-school.

Friends of Purdue worked frantically on the house floor during the roll call -vote on whether the 1 would pass, getting members to vote against passage. Report on Bill I Death of-the bill ed report'made by the. house agricultural committee. Six members of the 'committee-favored killing it by indefinite postponement, and six other favored passage 'of the bill making employment of the farm 'agents optional. The repoi-t favbrinjf' passage was rejected, 41 to 50, and the report indefinite postponement Members "of the house opposed tu the bill pointed out that the progressive methods of farming would be lost and -that boys' and girls' work would stop I I were made a law.

Those favoring the bill argued that residents of know- best 'whether -they ciould afford to pay a county agent. Record Opposition A majority vote in the Howard county council has gone against the county ageni in the last several years, the councilmen opposing it taking various positions such a.s the contention that modern methods to girls, should be supplied through vocational agricultural courses In public schools. -Some of these council members, farmers themselves, have taken the stand that the office is needed here, years ago when the council refused to pass an appropriation paying the $1,200 salary and $300 expense for the office, farmers in the county favorable to the agent's work brought a mandamus action In circuit court against the council. The council agreed to make the appropriation in preference to having 1 the suit tried; and. the complaint dismissed ibefore a hearing on it could be held.

Second Suit Filed Last year the council again eliminated the 'item from the budget and when another "mandatory suit was instructed the county attorney, to resist it. This'time the matter was presented before.Judge Joseph Gripe, and the court ruled the council was oblidged by statute to make the appropriation. At the; -last regular sasslon- of the council, last September, a number of farmers, attended the meeting and spoke in behalf'of the of flee, declaring it had itself invaluable not only to farm- of agriculture, if they are taught to- farm boys (Continued on PaKo Two) HURRICANE OF BUYING HURLS STOCK MARKET'S PRICES TO NEW LEVELS -New York, Aug. hurricane ol buying swept the trading floor of New York Stock -Exchange today, hurling prices upward in one of the most sensational advances of the past three-years. Gains of if2 to more.than $12 recorded on this rising tide-of bullishness which threw aside all'opposition from shorts and so swamped the facilities of the market that'the quotation printing machinery at times was seven minutes behind actual transactions, Pleavy profit-taking just' before the close pared down extreme advances, in.

some instances 1 substantially. At the height of rising I trading was frenzied and the exchange authorities were forced' to halt temporarily dealings in two leaders, Allied Chemical and Union Pacific, because there were no selling orders, to! supply the huge accumula-! Seventy-One Enlisted men and tion.of purchasing contracts. Seven Officers Are Going From Kokomo. BOTfATO ST1T1 ATMID JULY HOLDS TO HIGH HEATMARK FOR THIRD YEAR Temperatures of 103 Recorded for Only Five Months of July in Past 40 Years. RAINFALL STILL SHORT Precipitation of Past Month Below Average But Greater Than Since April.

TWO BUSY WEEKS AHEAD United States Steel out, prominently- in i wild'. the -preferred' recorded! an extreme gain, of $12.75, touching: $87.50 and closing only 50 cents uri-1 der the top, while the common, af- tor soaring to $42.75, fell back to $41.50, making the net gain pull Schedule HOt 10 With Vacation Features, However. American Telephone, which less than a a sold at $70.25. put on a full head of steam anci mounted where it. was up $7.

Its final quotation was $108 and Seventy-one enlisted men the net gain $6.37. jeven officer. Union Pacific roared up $10.62, reacted $1 to $63, Allied Chemical slightly reduced a i rally of $10. J. I.

Case, $45.25, American Can, after crossing $50, subsided to $49 where the gain' was $3.25. 1 Leading commodities fell. in with the-advance, wheat rising 1 to- 2-; a 1 bushel the. -stock, market was "in session. New'York Cotton closed nearly 1 a bale high- and Indiana Guard will entrain at midnight Saturday for Fort Knox; where expect to spend- the next two i weeks in intensive field training I'which will include a week of target with the maneuv the Kentucky- hills 'along the Ohio river and air 'of the other phases of regular army, camp life.

Col. Walter H. Unversaw, com- m'anding 'the 150th 'Field 'Artillery regiment, heads the Kokomo group and will be' accompanied by mem-' Fo'r the third consecutive time, July hit the sizzling peak of 103 degrees as the maximum temperature for the- month. There have been only five months of July, in the past forty years which registered so high a temperature, according to records kept by J. W.

of mails at the postoffice and local weather observer. Highest temperature ever-recorded officially here for July 'was in 1917 when the mercury rose to degrees. the the past three years, there has. been only one other time since 1897 when a temperature as high as 103 has been reached here at any time during any month of July. This, was in 1916--just sixteen years aero.

'Once, in the years between 1916 and temperature of 102 decrees was This was in July Once, also the temperature rose to 100. degrees, in July 19261 All other' months- of July in the 16-year period showed maximum temperatures below 100 degrees. Peak Same As'In 1930. It was in 1930 that the standard maximum July temperature seemed to. have faccn changed to 103 degrees.

The temperature for thc-same month was'50 degrees; In 1931, the 103-d egree mark was again registered as a maximum- degrees as a minimum. For the- 1 past month the maximum 103 degrees was'offset "by a mml- mum--or-SB-degrees, which was approximately- the 'same as last-year. Another interesting feature of. the SENATE BALKS ATTEMPT TO TAKE MEASURE FROM CONTROL OF GOVERNOR Bill Providing for Tax Levy Limit of $1.50 per $100 of Taxable Property Subject of Fight in Upper House--Hurried Adjournment Fight Waged by Chambers, Democrat of Newcastle--Measure Will Become Law Next Monday, Unless Vetoed by Leslie--Opponents Declare Passage Would Bring About Financial Chaos in State, Defenders Say Other Legislation Will be Passed to Provide Sufficient Revenue to Make up Loss. er and.

the bond which had df his commissioned' aml-non-j past 'month's high temperature re- beeh hesitant on Friday, turned strong. Bullish rumors, spreading through the financial district, caught the speculative imagination and stocks Jn which professional and private traders 'could see no good only a few short weeks ago were once, more being touted. Some of the gossip centered about the acceptance "speech be made by President Hoover next Thursday. tangible that fueled'the bullish'fires was an increase of. 8,507.

cars in. loadings oC revenue freight- for the week ended July. 30, It was-also'learned that plans for. launching the 'big new corporation is -to supply credit for commodity purchases were going forward rapidly and might be ready, for "announcement early next week: 'Chicago, 6 commissioned Battery i corded' is that the which includes" slxt'y-aevon enlisted, was men, will be commanded for this camp period, by First Lieutenant William II. who fills the vacancy -created by.

the 1 shifting 1 of responding on dates to that of 1930, cor- when the regimental staff. Take Special Train. Leaving by special train immediately after the'troops will, arrive in Fort Knox at Sunday morning and.will at take up their new quarters in the area usually occupied by the Third Field area of the After the noon mess the''heavy, ordnance material- will intluding the. battery's guns-and tractors, whrch have been stored In huge warehouses at camp. Monday will be given-over to organization of camp.routine and to rest, in preparation for 'strenuous first such high mark was reg- is'tcrsd after more than.a decade.

and showed 103-degree temperatures and it was on the 19th and 20th of Juy, that -the first July 103-deg'rcc high marks were recorded since 1916. The. 103- degree temperature arrived on July last year. Coolest July' Since 1929. In spite of the fact that extremes of temperature for the month were about the.

same as lor last year and the year before, in the corres- pnding period, July, this year, was the coolest of any since 1929, Although, high 'temperatures boosted the past month's mean temperature 5 degrees, above the average 753 degrees, it fell, 2.7 degrees short of the mean monthly temperature prices -bounced above the highest days of training- ahead. The regu-j of July )ast year and 0.4 degrees tvi II l.o Irnn i i 19oO- -it waS PARAGUAY SEEKS BOLIVIA READY FOR WAR The Associated Paraguay signified willingness today to declare a truce in the Gran Chaco dispute but Bolivia declared she was compelled to go ahead with preparations for armed defense "in v'ow of active mobilization by Paraguay." The attitude of both' nations was expressed in replies to notes sent by the United States and eighteen South and Central American nations, requesting an amicable set- efforts were complicated, however, by reports of a rc'newal of fighting in the Ctiaco area. A Bolivian patrol fired an outpost of Fort Prcsidentc Ayala late yester- tlement. Peace Fort Presidente Ayala is one of the 11 Paraguayan forts grouped within- a 50-mile radius in Southern Chaco. Bolivia has the same number in the same The Paraguayan treasury considered a plan to raise war funds by paying 25 to 50 per cent: of.

its August salary roll in national defense Paraguay's proposal for a truce, as outlined ta the reply, to the. 19 neutral Included a provision that the truce. declared on the basis of the status of June 1, a condition to-which Bolivia has objected. A thousand-school-children asked the Paraguayan general staff yes- levels of the last-two months on the board of trade 1 today. Buying lost individuality as the broad upward movement absorbed week end.

profit; taking, and added nearly three center a bushel to the price. Future sales of the new September crop were at S41-2 cents at the close, for December 57 3-4 to 7-8 cents, and May 62 1-4. and 1 oats followed wheat in a display of bullish enthusiasm credited largely that pools lor would -be sponsored by. government agencies. FEDERALS RAID RUM STORES, ARREST 23 MEN AUAFAYETTE IncL, prohibition agents led by Major Howard Long, deputy prohibition administrator the north 1 ern Indiana district; made extensive raids In this city and throughout Tippccanoe county'last night.

The raiders arrested 23 men and confiscated a -quantity of liquor, some gambling -paraphernalia and some bar and soda fountain fixtures. Ten dray loads of confiscated goods were hauled in by the agents. Among those- arrested were Lason, Ray McMillan, Louis -Farrell, William Chance, Samuel Rose, Clyde Grey i and Mel Doran. Hearings were-conducted at the this morning by'U. Morris R.

Parks who ilxed bonds for those i lar training schedule will, be taken up on- Tuesday. On- Wednesday of the. first usual battery -terrain exercises will be held, upon which the'grading of the units is largely based. A road march is planned for the first Thursday. Friday morning will involve field inspection and regimental 'pa- ttlt of (Continued on Paga Two) rade arid on Saturday the weekend i rIVE CLAIMS AGAINST holidaywill be observed, with available to all who.desire them until Monday morning at reveille.

Range Practice. On Monday ths- second week the regular range practice will-start- and the guardsmen will test their year's training' i gunnery, instrumentation and. fire with" the 95-pound projectiles, firing across the misty fiats of foot of Hooker mountain. The guns have a range of than seven One of the- features of this year's work'will be the between the'artillery and the'air i Two) COMMISSIONERS FOR XL- L.EGED BEATINGS, Hurled from Car to Death. Indianapolis, Aug.

Harrison, 1 21, 'of Bridgeport, was killed near here early today when he was "hurled from an automobile. His skull was crushed against'a fence post. Cecil Standiford, driver of the car, said the machine left-the'road when he was blinded fby the proaching car. lights a ap- KIRMA' RALLY the attack was re-pulsed, tcrday 'permission the'report to form 1 a The public, is invited attend the Kirma.Rally to be held at Poster park o'clock Saturday A A SHOWERS PROBABLE LATE TONIGHT 'SUNDAY. COOLER SUNDAY.

Temperature readings: Maximum Friday, 93; minimum' Friday night; 61; noon- Saturday, 88.. Precipitation 0.34 Readings -on- Aug. High, 86; low, -69. On Aug: 7, 1931: High, low, 70.. Sullivan, 6 (-T)-- Five Indianapolis, Aug.

move to recall from Governor Harry G. Leslie a bill limiting total tax levies to $1.50 on each $100 of taxable property was defeated today by a hurried adjournment of the Indiana The Bill limiting the tax levies to $1.50 reached the governor this week. He has until 10:40 a. m. next Monday to act on the measure.

If he does not sign it or veto it the measure will become a law without his signature. Senator Walter S. Chambers, Democrat of Newcastle, presented a motion to this senate this morning calling for recall of the measure from the governor. He declared the state be left in financial chaos if the bill becomes a law. Proponents of the bill forced adjournment until 2 p.

m. Monday before Senator Chamber's motion was voted upon, There have been indications that Governor Leslie intends -to permit the bill to become a law without, his signature. Opponents of the measure have declared that a limitation of the tax levy to- $1.50 leave the state government FEDERAL CASE Judge Baltzell Takes Pleas of Albrecht, Orem and Golding Under Advisement. At the close of the submission of the cases alleged violation of the national lio.uor laws, against Herman Albrecht, Hanlcy Orem and Don Golding, three Kokomo young men, before. Judge Robert Baltzell, In the United.

States district court at Indianapolis, Saturday forenoon the judge took the case under advisement, indicating he thought some further Investigation should be made before making final disposition of the case. When the case was called, the three'defendants, accompanied by their attorney, Fred, J. Byors, advanced to the bench and admitted they had engaged in selling beverages forbidden by law, in a Kokomo hotel, on last Saturday, the opening day the American Legion state convention, as charged In.the affidavit made by the prohibition enforcement agents who had riled the charges against them. Judge Baltzell questioned the defendants for the purpose of ascertaining just how they happened to be operating a drinking place in a hotel room, and as to who among them was the principal party in interest. The three defendants made straightforward answers, frankly admitting their, mistake tnd expressing regret for it Albrecht was questioned at greater length than the others, as the evidence had indicated he was the leader in the enterprise.

lie told unhesitatingly of his part in what had taken place, not seeking to-shield himself in any way to the disadvantage of any' one else. After the defendants had been questioned, character witnesses who had been summoned ed to- the bench and questioned. Each of the defendants had two-or three men present to testify in his behalf. In each case the witnesses commissioner's have been filed by non-union, miners'as the result of alleged beating have received from groups of union men. The claims, filed under the terms unfortunate the hotel, the accused had borne a good reputation, having.been industrious and honest and never 1 before having been charged with even a tr.isdc- of a new state statute, are for meanor.

damages ranging from 51,000 to Judge Baltzell indicated that he. MO The plaintiffs are Harry believed'the reputation-of the-de- The pla; Broadie, W. Millard Spurling, Thomas C. Reed, Irvin Coffey and Ben Shake. 1 Coffey is one the thirty miners who was held in the Hoosier mine near Dugger by.thousands of pickc'ters more than two weeks ago.

fendants had been good. He put something, of a poser, however, when he asked it happened that three young men who had borne good, reputations were in. his fContlnugd on Page-Two) RELEASE ALBERT WALKER FROM JAIL UNDER BOND Weather lor Week. Weather outlook for week beginning-Monday: Region, of Great Lakes: Generally fair except showers about middle of week, temperatures near or somewhat below normal. Valley: ShowersrTuesday 'or again -toward end week; seasonable temperatures 'except' cooler about murder cxoept feltd Sde" "rind youth's father, B.

'B. Walker, de- leased tiom jan unui-i scribed as a large- owner of real this afternoon. Winston Salem, N. Aug. Stack announced todav he wouM grant bond A diately arranged.

toaay ne ir aHhonp-h TI PT scribed as a large owner estate, but with little ready cash. Judge fixed Walker's at $25,000. It was not immc- Walker, Winston Salem youth, dicted with bibby Holman. in the death of- the latter's husband, Smith Reynolds, Winston Salem The judge's announcement followed a statement.by Sollcitor-Carl- isle Higglns- thAt 'the now before do not support' the charge that the offense is non bail- able. Higgins did not immediately say- that Walker and Reynolds not' be for first degree rour-.

Oscar Efird, Although Higgins told the court the evidence now before him does not constitute, a non-bailable offense. made plain he re- the-right to try on a first degree charge in the event additional evidence is uncovered before.the trial 1 Asked i his action today, indicates- that.he will similar attitude toward-Mrs. Reynolds when Her petition for bail is submitted, Higgins said: "Emphatically, no, are.two separate cases. I will not cross that bridge until I conic to it." and local municipalities without sufficient funds, to carry on normal functions. In presenting his- motion for recall of the bill said: "The loke has been carried far enough.

If we want adjourn, thin session and leave the state in chaos then vote down this motion. I want to clear my of having 'anything to do with a fool measure as this." Senator J. Nejdl, Republican of Whiting, supported the motion made by the Newcoatle iena- tor. said a similar bill had been passed by a legislature several years ago and that Governor James P. Goodrich was compelled to call session to untangle the snarl- in.

which the state was enmeshed. Proponents of the bill have declared that other legislation will passed to provide sufficient revenue to make up the which would be incurred by the limitation of property tax -levies to $1.50. Indianapolis, Aug. 6. Gov.

Harry G. Leslie indicated today he will allow the "$1.50 property tax limitation" bill to become a law without his signature. The governor has until 10:40 o'clock Monday, morning to aither veto or approve the measure. If he does neither the bill will become a law without any action from him. When asked today what he intends to do with the bill in view of his statement in his second sage to the special session of the.

legislature more than a week ago in which he voiced disfavor of the $1.50 tax bill, the governor pointed out that he had warned the legislators that such a bill "would not meet with executive He said he was not voicing his opinion but was stating facts when he said it was obvious that friends of the tax limitation bill were depending upon revenue from an income tax bill to meet expenses. and that an income tax bill would be vetoed because of certain unconstitutionally. "Even if itehould become a law no revenue could be (Continued on P3.JT6 Two) AUNT HET BY ROBERT QUTLLEN "I reckon Eve got kind 1 tired o' the Garden in summer, with two bugs o' every kind no screen.".