davidaulloa/AmericanStories huggingface dataset:
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Sc TO HOLD
9O-DAY FAST
IN COLORADO
George HuntIey Aron and
Followers Seek CIairvoy-
anCy to Reveal Truths

BIZ United Press
CHICAGO, July 22.-Seeking new
truths" and re education" of their
minds, George Huntley Aron, self
hailed leader of the Worldwide
Fasting Clubs, and thirty-hve fol-
lowers were to leave here today for
a ninety day fast in the wilderness
in Colorado.
The truth seekers are bound for
a forest-circled lake, eight miles
from Peaceful Valley, Colo, and
twenty miles from the nearest rail-
road station. There the members
will stake out individual quarters on
the border Of the lake and begin
their fasting.
Dr. Aron says fasting accom-
pHshes the hypnotising and re-edu-
cation Of the .Subconscious mind and
that during the ninety days he and
a number of his converts expect to
become clairvoyant and to reveal
many important truths.
The leader, who claims six college
degrees and four diplomas. is So
He grew rich, he says, making patent
medicines. He contends he has had
four previous incarnationS, MS first
as a savage: his second as a high
priest of the Jews, who permitted
the Romans and pagans to capture
the torch. there by Judaizing BOTH;
his third as an American Indian
chieftain battling for his quaw, and
his fourth as Gutenberg. He de-
clares his present life is his great
est"
DR.. Aron told his followers he
had twelve qualifications for the job
of heading the worlds fasting eXpe-
ditiOn.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
GERMAN CHANCELLOR
UNDERGOES OPERATION
Mueller Expected to Recover From
Inflamed Gall Bladder.

~ HTTIT II'EE
HEIDELBERG, Germany, July p.
DR. Hermann Mueller, chancellor
of the German reich, still was III
a grave condition today after an
operation had been performed on
him for an inhamed gall bladder.
The chanCellor's condition during
the night remained critical, but the
supervising physician told the
United Press representative that
"the patients condition was as good
as might be expected under the cir
Cumstances. after such a serious
operation.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
HUSBAND SUES
TUNhEY FOR
LOSS OF LOVE
Breach of Promise Case Is
Basis of Claim for
100000 Damages.

BIZ United Press
BRIDGEPORT, Conn. July o.
James J. Gene Tunney was ac-
cused of alienation of affections and
seduction in a suit for 100000 dam
ages brought in Fairfield county SUI
perior court today by the former
husband of Mrs. Katherine King
Fogarty, John S. Fogarty, Fit Worth
Tex plumber.
Mrs, Fogarty's 100000 breach of
promise suit against the retired
heavyweight boxing champion is
now pending in the same court.
In his complaint. Fogarty charged
the boxer induced Mrs. Fogarty to
obtain a divorce so she might marry
him. 1t further alleged Tunney and
Mrs. Fogarty lived as man and wife.
Judge Charles J. Martin Of New
Haven, Fogartys lawyer, said the
FIT. Worth man had been consider
ing a suit for some time" but was
unable to start action until the suit
of his divorced wife gave him SUI
ficient evidence Fogarty is now liv-
ing in New Haven, according to his
attorney.
Tunney's House Attached
The old colonial farmhouse in
which Tunney and his wife, the for
mer Mary Josephine Lauder, Green
wich society girl, will live in SIAM
ford on their return from Europe,
has been attached for 100000 in
connection with Fogarty's suit.
The complaint charged Tunney, in
February, 1925, land on divers days
since that time" lived with Mrs.
Fogarty and, in consequence the
plaintiff lost the affections Of said
Katherine King Fogarty and has
been deprived of her society and as
sistance, which he otherwise would
have had, and has suffered great
distress Of body and mind
Met at Hot Springs
The complaint charges Tunney
and Mrs. Fogarty became acquainted
at Hot Springs, Ark, in 1924 and
that Tunney by his arts and bland
ishments alienated the love and af-
lection of the plaintiffs wife and
destroyed the happiness of his home.
AT the solicitation and request of
the defendant, the wife of the plain
tiff began proceedings for a divorce
against him at FIT. Worth in the
state of Texas and at said time, as
a part of the unlawful acts and as
ISOLATION with the PLAINTIFFS wife,
the defendant promised to marry
her in event of her being divorced
from the plaintiff.
The defendant on various oc-
casionS and in the presence of divers
witnesses had publicly stated he was
the husband of the plaintiffs wife.
Said wife of the plaintiff, as
part Of the association with him,
held herself out as the defendants
wife, notably at Lakewood, N. j.. st.
Paul, Mimi Chicago, and New York
city
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Gone, but Not Forgotten

Automobiles reported to the po-
lice as stolen belong to:
Edwin Tansel, Lebanon, Ind, Ford
roadster, from statehouse yard park
ing space.
Lyle Cason, rural route No. l,
Kirkland, Ind, Ford roadster, from
Riverside park.
Isaac Wayne, 1901 Van Buren,
street, Essex coach, 7l7-012, from
Indiana avenue and North street.
D. P. Cicen, 1905 Hoefgen street,
Ford touring, from Olive street, near
Prospect street.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
600 Are Killed in Battle

81 Ht'tN lf'NN
PRESHAWAR, India. July o.
Belated reports from Afghanistan
stated today that 500 of the troops
OF Bacha- SachaO. king of Afghanl-
stan. had been killed and much OF
his ammunition and arms captured
in a fierce SiXteen-hour battle which
began on July Is between the royal
forces and the followers of former
King Amanullah.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
MunCie Airport Opened

Walker Winslow, sales manager of
CurtiSs Flying Service of Indiana,
few a Robbins Challenger to Muncie
Sunday and participated in the cere-
monies attending the opening Of the
Silver Fox airport there.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
MOBILE PAPER ATTACKS
HEFLIN'S POWER RECORD
Article Urges Voters TO Inquire Into
Senator's Actions.

81 Hftr1 press
MOBILE, Ala, July Scarcely
yelled charges that Senator J. Tom
Helm of Alabama was pleasing to
large power interests and his pres
ence in the United States senate de-
sirable to them we're published in
the Mobile Sunday Register.
The voters probably will make a
pretty careful inquiry into Senator
Helms voting record to determine
whether there is a reason why the
power interests should favor his re-
tention in the senate. an article in
the Register signed by c. NJ. STAN
ley. associate editor. declared.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
FASTS THIRTY DAYS IN
PRISON; GAINS 2 POUNDS
Aim of Hunger Strike Is Death, But
Communists Health Improves.

BuTuuCd Press
ALLAHJBAD. India, July %
Tragedy was turned into Well-man-
nered laughter today when 1t was
learned from prison officials that
the imprisoned Communist Bhagat
Singh. who issued a statement re-
Gently that he expected to die after
being on a hunger strike for thirty
davs. actually had gained two
pounds i'm weight during his self
imposed fast
singh was sentenced to life I'M
prisonment for throwing bomb
into the legislative assembly at
Delhi Last April.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
AA WiiaH0n

that he expected to fly to America.
He is using Dornier-WaltWln-
motored flying boat of the type used
by Commander Ramon Franco and
his two aids on their Inflated at
tempt to span the Atlantic by way
of the Azores. Won Gronau is one
of the directors Of the German gov
eminent flying school.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Los ANGELES
UTILITY RATES
BELOW CITYS
Municipality Owned Plants
Charge Far Less Than
Local Concerns.

Municipality owned electric and
water plants in Los Angeles are
serving more customers than the
same utilities in indianapolis, but
the rates are considerably less. &C
Cordlng 10 a pamphlet received to
cav By the public service commits
sion
The pamphlet was printed by the
department Of water and power CT
Los Angeles and Is designed to dis
pei the metaphysics which sur
round meter reading and charges
made bv utilities. so the people can
understand what their bills are all
about
There are simple designs Of both
electric and water meters and de-
scriptioue ~ how they operate.
Rates Arc Low
Los Angeles is a city with an
estimated population Of 1,350,0O0
and 81 per cent Of its water is trans
ported 240 miles TO the city limits,
through the mountains and desert
country of san Fernando valley.
Yet there is a minimum charge a
ST. "a month TO the householder for
water while the indianapolis Water
Company charges $3.50, bringing the
water in from the canal at the edge
OF The city.
other comparisons are ID cents a
100 cubic feet for the first 10000
In Los Angeles. 215 cents for the
first 100 here. II cents for the next
10000 in Los Angeles, IA cents to
1900 here; 9 cents for next $1,000
IN Los Angeles. y cents for next
1900 here. 7 cents in excess oil
100000 i'm Los Angeles and 10 cents
for over 10000 here.
Light Charges Less
The domestic light rate at Los
Angeles is 5 cents per klloWatt Tor
first fifty hours, 2.5 cents for the
next 125: 2 cents in excess thereof.
indianapolis Power and Light Com
nanv rates aree IS cents for the
first fifty: 6 cents for next 1000 ana
4 cents for next 200 or over.
Chairman John w. McCardle oil
tl7o commission has been declaring
in lectures over the state that we
have the lowest utility rates in the
country
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
BACK HOME AGAIN

Stolen automobiles recovered by
the police belong to: Checkered Cab
Company, West Henry street, Check
cred Cab, license 9055, found at
Delaware street and FIT. Wayne ave-
nue..
Willie Brothers, 213 West North
street, Marmon sedan, found at
Fourteenth and Meridian streets.
Henry Russ. Lawrence township,
Chevrolet touring. found at New
Jersey and Market streets.
John L. Yott, 3449 North Capitol
avenue. Chevrolet coach, found at
Pine and Washington streets. Car
wrecked when it hit safety zone
guard. Thief escaped.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Planes Being Repaired

Lieut. Matt G. Carpenter flew a
Douglas O-2H plane and Sergt.
E. M. Caldwell a Consolidated OFT
plane to Fairfield air depot, near
Dayton, where minor repairs we're
to be made on the ships.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Planes Perform in AttiCa

Two planes, piloted by Tot Doug
las and Lieutenant Fred Lanter Of
the Capitol airport, were in Attica
Sunday, participating in the open
ing Of landing field there. The
pilots engaged in field hopping.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22

Weather conditions at $50 8. m.
at indianapolis airport;
Southwest wind, six miles an
hour; temperature, 80; barometric
pressue, 3O.16 at sea level; ceiling
and visibility unlimited; field good.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
StOpS Here for Fuel

Eugene Cutreu of Chicago, avia-
ton inspector for the Department of
Commerce, stopped at the Curtiss-
Mars Hill airport Sunday to refuel
on his way to Chicago.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Plane FueIed Here

A StinsOn Detroiter, piloted by
Buddie Jones, en- route from Detroit
to Fl. Worth, Tex, halted at the
Capitol airport Sunday to refuel.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Flies to Visit Relatives

John Sutherland, assistant field
manager for the Embry-Ridd
Company flew to Cincinnati Sun
day by mail plane to visit his rel
ativeS.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Six Horses Hurt in Fire

LOGANSPORT, Ind, July o. =
Six horses were injured and dam
ages estimated at $4,000 caused
when a large barn on the farm of
George Rensselaer,. near here, was
burned.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
Diver Suffers Brain Injury

By InitCd Press
LOGANSPORT, Ind. July %. =
Lyall Clark, 26, is in a hospital here
today with conclusion of the brain,
sustained while diving.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-22
FAMILY ROW FATAL
Father Dies After Being Struck by
Son in Argument.

x C;HTCAGO, July GA family
dispute ended fatally when Edward
Je5chke q, struck his father, Alex
Jaschke, a, in the chest. Both had
been drinking The father died
while other sons and daughters
sought to revive him
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
TARIFF BILL TO
Be READY SOON
Coalition to Have Free Hand
in Rate SIashing.

b ScriDDs-H NeUsDGDer Alliance
WASHINGTON. Nov. 1.-The SEN
r will pass a tariff bill, if not
lin two weeks, within a reason
lie time. Democrats and Pro-
gressive Republicans virtually will
dictate its terms, slashing not only
the hundreds of rate-raises desired
by eastern industry, but in many
cases slashing such rates below their
present level.
Such were theSviews expressed by
leaders of ali factions today, fol-
lowing President Hooyer's public
statement asking that the bill be
,assed within two weeks and infer
antially criticising the senate for de-
y in acting on the measure. which
mas been before it nearly six months.
There was resentment in the SEN
ate at the statement, but it had al
most immediate effect when SEN
ator Jones of Washington, acting
majority leader, announced that he
was prepared to let the Democratic
Progressive coalition virtually write
the bill without debate.
But with the triumphant agricul-
tucal west and south writing its
own ticket on rates, the breach be-
tween it and the industrial east
seemed wider than at any time
tnce 1912.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
He'll Make Edison Guard Reb'

road phones in the housec Of than dozen peo-
pie in the vicinity He connected all lines with a
central phone nj front of his radio and through use
OF batteries and wires able open all the lines
or part of them, and relay radio programs to his
public"
The connecting phone wires were laid along
fences, through trees and and around buildings
Recipients of the service" did not object inStaa
tion Of the phones Moran said
The house was lighted by auto lamps in each cor
ner of the room operated by batteries.
The boy told Moran he die not utilize all the
phones in his "broadcast network" but had dis
mantled others to build the radio and other devices
Authorities not desrous of furnishing the
boy and believe his electrical genius should be en-
couraged Moran is going to supply the boy with
electrical paraphernalia.
He said he took the boy to his house after the
discovery and showed him new radio.
Say, Mr.. Moran, could make one of those,' the
youth declared
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
All Prices
on Ford Cars
Are SLashed

Bu United Press
DETROIT, Nov. IA "substan-
tial reduction" in the prices of Ford
cars and trucks was announced to-
day, following a statement issued
Thursday night by Edsel B. Ford,
president of the Ford Motor Com
pany.
I'VE are reducing prices now be-
cause we feel that such step is
the best contribution that can be
made to assure a continuation of
good business throughout the coun-
try" Ford said.
Our dealers are assisting in the
move by accepting reduction in
their discounts" he added.
The price reductions as an
nounced today range from SIS on
the roadster to 5000 on the town
car. Reductions and new prices on
the most popular Ford models are
standard coupe, $50 to $3.50; tudor
sedan, $25 to $500; fordor sedan, $25
to $500; town car, 5000 to $1,000. The
Ford taxicab model was cut $75 to
$725.
1T is our belief that basically the
industry and business of the coun-
try are sound" Ford declared.
Every indication is that general
conditions will remain PROSPEROUS. -
Financing costs to credit pur-
chases also will be cut, according to
E. c. Kanzler, president of the Uni
versal Credit Company, which offers
the authorized Ford financing plan
to Ford purchasers.
The financing reductions will vary
because of sectional freight cost
differences and various sums for
which notes are made, but it was
estimated they would range from S
to II per cent.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01

44CHD1l4SDO 0cJLh 1IOAAAO 441 1s4Ct1AA1CNlN
Billie turned up at police head
quarters week ago, broke" and
homesick after a transcontinental
jaunt with a girl friend who aban-
doned her for a boy in Illinois.
She is to appear Saturday in
municipal court on vagrancy
charges. Unless-the miracle.
In Gotham Billie didn't think
much of the hearth and home
racket.
She was a gay vagabond.
Her address depended on her
mood.
Occasionally she met Roswell
Lent, Clifton, N. j., whom she
knew when her mother died four
years ago.
Lent urged marriage. But Billie
wanted to roam. Then came the
trip to California, and the re-
turn that ended in the jail.
why am I here?" she asks.
What am I going to do with
her?" Winkler wants to know.
Roswell is coming tomorrow, "
she said this morning in the jail,
her blue eyes staring at a blank
wall without seeing it.
II won't tell you how I know,
but he is coming tomorrow"
Winkler says Roswell may have
her. He will donate the parlors
of his home for the wedding-if
Roswell, Billie's niracle-comes
Saturday for his bride-to-be.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
SIX IN OHIO RACE
Burton Successor to Be
Appointed.

BIZ United Press
COLUMBU, O., Nov. 1.-The list
Of probable successors to the late
Senator Theodore E. Burton Of Ohio
has narrowed to six, the United
Press was informed reliably today.
The appointment will be announced
Monday Or Tuesday.
The six receiving serious con-
sideration, all Republicans, are:
Roscoe c. McCulloch of Canton,
chairman of the state public utilities
commission; James r. Garfield OF
Cleveland, son of the late PreSi-
dent; Charles r. Frederickson,
Coshocton, wealthy manufacturer
and Republican campaign manager
in 1926; Colonel Carnni A, Thomp-
son of Cleveland, former United
States treasurer; Colonel E. W..
Edwards, Cincinnati banker, and
William H. Boyd, Cleveland attor-
ney.
State political leaders today
secuted rumors that Postmaster
General Walter F. Brown, whose
home is in Toledo, would be ap-
pointed, although Brown was re-
ceiving prominent mention.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
SHOWDOWN is
RAUb'S Def
Demands JeWett Justify
Council Attack.

Edward B. Raub Sr., city council
president, today called for a SHOW
down" on Charles w. JeWetts at
tack on present city officials in Re
publican campaign speeches.
''If Mr.. Jewett is in good faith
with respect to his recent state
ments and has any facts suggest&s.-
illegal conduct on the part of any
city officials and will agree to ap-
pear and present the facts before
the council, I will call a special
meeting to investigate the charges
either tonight or any time conven-
lent to Jewett before election, on
Tuesday," Raub declared.
Replying to Raub's challenge
Jewett said he would go before the
council "any time"
Taking cognizance of an attack of
Jewett, Republican campaign speak
err, on city officials, Councilman
Albert Meurer said: HThe integrity
Of the city purchasing department
has been questioned. I think in
FCOVAS5NNAOAA Wy q NpA44O4A NOA4@4AtAt-
tee would clarity the situation and
give the public the facts.''
MeUrer said he will ask council to
investigate unless there are de-
velopments before the next meeting
on Nov. H."
Jewett attacked Oren s. Hack,
corporation counsel and attorney
for Dilling & Co., in the settlement
of Dilling property acquired by the
city for 100000 for flood prevention.
Jewett also pointed out that Pur-
chasing Agent Joel A. Baker failed
to obtain city council approval of
the purchase of the $4,000 automo-
bile for Police Chief Claude M.
Worley.
Jewett wrote Merle Walker, an
attorney for Dilling, denying that
he had made misstatements about
Hack. The 100000 was a court
Judgment.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
YEAR IN JAIL,
100000 fine
IS FALL JOLT
Court Denies Suspension of
Term Because of Pend
ing Appeal.
CASE HISTORY MAKING
Judgment Is for Taking
Bribe From Doheny in
Oil Scandal.
BIZ United Press

Bu United Press
WASHINGTON, Nov. Former
Secretary of Interior Albert B. Fall
was sentenced to serve one year and
fined 100000 by Justice William
Hitz today, following his conviction
on a charge of having accepted a
bribe from E. L. Doheny, multimil-
lionaire California oil man, in con-
nection with the Elk Hills naval oil
reserve leases.
Fall, who has been i'll with lung
trouble and whose condition threat
ened to cause a mistrial, was net
granted suspension of the sentence.
Justice Hitz announced that he
would have suspended the prison
sentence if the execution of the
penalty was to have gone into ef-
feet today, because of Falls physical
condition. AS the case is to be ap-
pealed, he said, this could not be
done.
1t was the first time in Ameri-
can history that a former cabinet
officer has been sentenced to jail
for felony committed while in
Office.
Sentence was imposed after JUS
tice Hitz had overruled motion for
a new trial and for arrest of the
judgment against Fall.
Fall sat without visible emotion
in his chair as the judge pro-
nounced sentence. Mrs. Fall, just
behind him in the prisoners dock,
wept silently.
Falls two daughters, Mrs. G. G.
Chase and Mrs. Jonett Elliott,
bowed their heads as if shocked by
the sentence.
The 100000 fine was exactly the
amount which Fail received in a lit
tie satchel from Doheny eight years
ago this month which was held by
the jury last week to have been q
bribe.
Doheny, against whom a bribery
indictment growing out of the same
transaction is pending, sat beside
Fall throughout the trial but left
for California Immediately after the
verdict. His trial Is expected to be
held in January.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
PANTACES Gets
APPEAL RESPITE
Sentence of Snowman Is
Deferred Until Nov. g.

BN United Press
LOS ANGELES, Nov. 1.-Sentenc-
ing of Alexander Pantages, multi
millionaire Snowman, convicted of
attacking 17-year-old Eunice
Pringle which was scheduled for to-
day, was postponed until Nov. O.
pending disposal of motions for a
new trial. Pantages, who faces a
term of from one to fifty years in
San Quentin penitentiary, was
taken before Judge Charles Fricke
by Jail guards. His attorneys, how
ever, interposed a motion seeking a
new trial. Judge Fricke set Nov. 8
as the date for arguments on the
motions.
Members of the Pantages family,
including his mother-in-law, Mrs.
Elvira Mendenhall; his two sons,
Lloyd and Rodney, and his daugh-
ter, Carmen, were in the courtroom
Mrs. Mendenhall was the only one
to show emotion. She wept as
Pantages was led back to his cell
after the session.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01

"The city controller must certify
not the petitions, but the ponina-
tions, of the candidates" Chamber
lin said. "This closes the door to
the election commissioners to every
consideration except the purely min
isterial acts of receiving the NOM
nations and placing them on the
ballots, so certified.
"The petitions are passed on by
the city controller after he ascer-
tains that the required number of
householders have signed them and
that the candidates are not ineligi-
BILE.
'This, it seems to me, would elm
mate entirely the need for formal
acknowledgement of each and all
the signatures in the case of an
election of school commissioners. u
The citizens committee candi-
dates who were made defendants are
Julian Wetzel, Merle Sidener, Mrs.
Maude Miller, Samuel E. Garrison
and Russell Wilson. Board mem
bers, seeking reelection, who were
named, are Lewis E. Whiteman, Mrs.
Lillian Sedwick and Fred Kepner.
Mrs. Lillian B. Moore. another can
didate, also was named in the suits.
When the names of the plaintiffs
in the actions, Oscar H. Green, May
Craig and Otto L. Coyle, were called
in circuit court Thursday, Coyle
shouldered his way to the front.
In attempting to get at the origin
of the action, defense attorneys ask