davidaulloa/AmericanStories huggingface dataset:
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-08-20
HIGH WEEDS BLAMED
FOR COUNTY ACCIDENT

NV AUGUSTA Man SuHerS Skull
Fracture in Crash.
High weeds and Shrubbery at &
street corner today were blamed by
deputy sheriffs for the auto accident
that sent Ralph Bsuman. 50. New
Augusta. TO a hospital with a frsc-
tured skull and other serious in
Juries. Mr.. Baumans car and a
Polk Milk Co. truck. driven by Clar-
ence Matthews, %. Of 37ll Boule-
vsrd-pl. collioed early today at 6Oth
and Cooper-sts. Mr.. Bauman is in
Methodist Hospital.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-08-20
DERBY STANDINGS

Also Rans-(With more than 30 votes)
Judge Wilfred Bradshaw, Al c. Fritz,
A. J. Gels. Fred Hoke, Shorty Phillips,
Claude z. Shower, Merle Sidener, Dave
Stein, Vincent D. Vincent, Charles
(Chuck) Virgins.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-08-20
2 BANDITS GET 100000
Dapper Young Gunner Raid B0s-
ton JeweIry Store.
By United Press

bV JNIItH FFt8H
BOSTON. Aug. 2O-Two dapper
young bandits this afternoon swag-
gered into fashionable jewelry
store in the Ritz-Carlton. Boston's
swankiest hotel held up IS en-
ployes and customers with sub
machine gun and escaped with Jew
els valued at 5000
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-08-20
Rail Reorganization Bill Passes

WASHINGTON, Aug. 20.-The
Railroad Reorganization Bill was
passed by the Senate this afternoon
and returned to the House for
agreement in a Senate amendment.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-08-20
81 JHifcd Press

bN Nfff0 fffes
OKLAHOMA CITY. Aug. 20
Wiley Posts family decided today
TO place his body in msusoleum
here after the funeral Thursday.
until they can decide whether to
accept the United States Senate's
offer of burial plot in Arlington
National Cemetery.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-08-20

New guaranteed tires 15c wk Save
Sl.00 up. Ho0sier Petes-Adv.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-08-20
Br0lUn Derby Lead Held
by the ReU. r. M. DOdriU
They're Off in Kelly Classic, With Donald Neal Trail
ing Flying Leader by 400 Votes.

henchmen in their battle to put
him high in the case.
One of his managers even
threatened to "hijack" an Indian
apolis Times truck to obtain bal
lots
And the good will and spirit
with which his class worked re-
suited in placing him in the lead
for the crown of the city's most
distinguished citizen with his
closest opponent, Donald Neal.
manager of the Meridian Ware
house Co., a darK horse of the
darkest of hues.
Evening star., 1935-10-10

unanswered, the Judge saying. Eyes,
that Is Objectionable. I sustain the
objection"
The cross-examination then pro-
ceeded without substantial Interrupt
tion for over 100 pages more. Our
conclusion on this point is that Il is
without merit.
Differing Theories
Held Of No Weight.
Point 2 is that there was a ma
terial variance in the theory Of the
State and the proofs"
This grows out of the fact that the
attorney general in opening the case
and the prosecutor of the pleas in his
opening argument at the end Of the
proofs, relied upon the theory that
the death Of the child occurred when
he was being taken out of the nursery
down the ladder, which broke and
he was precipitated to the ground
while the attorney general argued in
his closing summation that the child
was beaten into insensibility in the
nursery and that perhaps the child
was dead or insensible when removed
from the house.
But this latter was not the theory
on which the case was submitted to
the jury. And the substantial claim
throughout was that the defendant
feloniously opened the window, seized
the child and its clothing and at
tempted to escape through the win
dow again, and that the injuries that
Evening star., 1935-10-10

warranted. The States direct case
against him was strong and, as already
noted, the main defense was denial Of
any participation In the crime, or
presence at the scene.
Defendant had admitted false state
| ments in the New York proceedings.
he assumed an evasive attitude on
cross-examination, he admitted a
series of crimes, convictions ana Grim
inal escapes in Germany, two unsuc-
cessful attempts and third successful
attempt to make unlawful entry into
this country.
We can find no objection by his
learned and astute counsel, except at
one point, where one Of his counsel
intervened, saying: We'll, I think
this has gone just about far enough" +"
The question Just asked and not an
swered was withdrawn and a short
colloquy ensued, In the course OF
which counsel said: 1T seems to me
it is about time we protested against
it. It has been going on for quite q
while"
The court: whenever you have
any occasion to protest, you make
your protest to the court while the
thing is going on. and the court will
deal with it: it always has and will
continue to do So"
The cross examination proceeded
without further objections for Is
| pages of the printed book, q question
was then objected to and overruled
Evening star., 1935-10-10

This heading, OF course, states
nothing which Is challenged as error.
but the brief goes on to argue that
q reading Of the specifications re-
ferring to the summation and a Pc
rusal Of the summation itself should
lead this court to the conclusion
that there was violation OF legal
rule founded upon public policy. which
rule, 1t Is contended, requires that
the prosecuting attorney must con-
duct the trial in accordance with and
confine his summation within the
rules Of law and that it further be-
comes the duty of the court to see
that this ancient rule be followed.
It would seem to be a weak answer
to say that the defendants counsel
should have objected at every op-
portunity. Many reasons may be
advanced why counsel for the de-
fendant in this or any given case
might not interpose objection. New
ertheless, trials are not entirely bat
ties Of wits and prosecuting attorneys,
and presiding judges are under a
duty to every defendant to observe
fundamental rules of law.
The brief continues.
1T is also contended that the ma
terial variance between the opening,
proofs and summation, relating TO
the change as to the instrumentality
causing death and the place where
the death occurred, involving as it
did new theory OF willful, deliberate
Evening star., 1935-10-10

and premeditated killing, resulted In
violation Of a question of public
policy, for it Is principle well
grounded in the law that defendant
should be fairly apprised Of the ma
ture and cause Of the accusation
against him"
These two matters have Just been
fully treated, with the result that We
find no error.
However. while specifically admit
ting that there was only one objec-
ton and exception by defendant to
the summation and no exception
! taken specifically to the alleged vari-
ance, nevertheless counsel brought it
to the attention of the court, and
particularly excepted to that portion
Of the charge which permitted the
jury TO find as a matter OF fact that
the skull fracture was inflicted while
the child was being carried down the
ladder and when the ladder broke.
Counsel challenged this as not justi-
fed by the evidence and as being
contrary to the States theory that
the fatal blow was struck while the
child was still in the nursery.
Constitutional Right
Held Unimpaired.
All this has been already gone over
and needs no further comment. eX-
cept in reply to the reliance of the
plaintiff in error on the opinion in
this court in State VS.. OLeary. ITO
Continued on Fourteenth Page.)
Evening star., 1935-10-10

caused the child's death were inflicted
Gus and unlawful act.
The variance, II such there was,
made and could have made no diff
ference in the defense, which was
that the defendant was not there.
Moreover, there was apparently no
objection made, no exception taken,
no request for an opportunity to reply
to the argument freshly presented, no
request for jury charge based there
on. It Is urged that the court should
have charged, as requested, that there
was no evidence Of willful, deliberate
and premeditated murder by the de-
fendant.
Again. the case was not submitted
to the jury by the court on any such
theory. It was submitted on one
theory, and one alone, viz: Of homi-
eide In the preparation Of a burglary.
No such situation existed as that in
State VS.. Jone, lis N. J. Law, 257,
where at the last moment the theory
of the prosecution shifted from rob-
berry to burglary.
We find no error here.
Find Public Policy
Not to Be Violated.
Point III is stated in the brief as
follows:
Public policy is the policy Of the
law expressed In and derived from
the Constitution. law and judicial
decisions"
Evening star., 1935-10-10
Hauptmann Dies
Within 2 Months
If Appeal Fails
BY the Associated Press.

BY the Associated Press.
TRENTON, N. j., October 10.
Legal observers said today
Bruno Richard Hauptmann-
unless he wins his last few appeal
moves-will die in the electric
chair late in November or early
in December.
From 10 to IS days will elapse
before the record in the case Is
sent back to Supreme Court JUS
tice Thomas w. Trenchard, who
will set q new date for carrying
out the death sentence he i'm
posed last February.
Justice Trenchard must fix a
date not less than four weeks nor
more than eight from the time he
receives the record.
Evening star., 1935-10-10
FULL TEXT GIVES
BASIS OF ACTION
Failure to Object to Points
Raised After Trial Cited
by JuriStS.

The tert OF the unanimous optn-
ION of the Ne10 jersey Court OF
Errors and Appeals on the appeal
OF Bruno Richard Hauptmann from
his conviction of the murder OF
Charles A. Lindbergh, ir., ,critten
by Justice Charles w. Parker, fol-
loiUs:
The Waterbury Democrat., 1935-11-29
RENZO MADE GOOD
 AS TEMPLE BACK

Winnie Renzo, one of the speed- fest halfbacks who ever carried the colors of Crosby high, has proven conclusively to Coach Pop" Warn CT at Temple UUniversity that his high school gridiron accomplish mentS were not merely scrapbooK souvenirs, but the real Mccoy.
 The sophomore ball-toter now IS the Owls leading scorer, having amassed 30 points through five vis- its to the pay-off territory and top ping Dave Smukler, husky and more experienced fullback who last year was mentioned for an All-Amerlcan berth by a single point. Smukler has scored four touchdowns and i've extra points for a 29-point total. ;,
 In seven games Temple has scored 135 points to 34 for the opposition. Centre College with 13 made the most points against Warmers aggre-. gation, while Michigan tSate, West Virginia and Vanderbilt have also crossed the Owls line. :.
 Renzo has carried the ball 4S times, gained 227 yards and only on two occasions failed to gain, which is something to write home about. He has lot but 19 yards and sports an average per play of A yards. Smukler has carried the leather 7l times for yardage of 21S, failed to gain but four times, lost 10 yards for an average per play of 3 yards.
The Waterbury Democrat., 1935-11-29
NEW ORLEANS OPENS
 SPORTS FETE DEC. 28

New Orleans (UP)-An array of nationally prominent track and field stars will be here for the New Orleans Midwinter Sports Carnival, of which the Sugar Bowl grid con- test New Years day is @ feature.
 Track and field events will open here Dec. 28. Tennis matches will start Jan. 1 and continue until Jan. 5. Winner Allison, No. 1 ranking player in the United States, is among those who have accepted in- vitationS.
 Pittsburgh and Louisiana State University will meet on the basket ball court here the night of Jan. 2. At Atlantic City last season, LSU was the first team to beat the Eastern champions. Pittsburgh also wil play two games with Tulane while here.
 With @ brisk advance sale of Sugar Bowl game tickets in prog ress, the Midwinter Sports Asso- citation is to mail invitations to leading football teams over the country as possible candidates for the New Years day match here. Later, after the Thanksgiving games, the two contenders will be announced.
The Waterbury Democrat., 1935-11-29
PRINCETON SET
 FOR YALE CAME
Players Are at ROxbury School Today = Last
 Years Game Recalled

New Haven, Conn.,, Nov. 29.- CUP) ).-Princeton's undefeated foot ball squad was due here today and slated for 8 brief practice session at Roxbury schol before the closing game of the season with Yale to- morrow.
 The Yale-Princeton series began in 1873 and in the following years Yale annexed 31 victories to the Tigers IT and 10 games resulted in ties.
 Although Yale holds this edge as matter of record, tomorrow's game found Yale the underdog. The more optimistic, however, hoped for a repetition of last years upset when the Ellis scored on pass to hand Princeton its first defeat of the year, 70.
 Larry Kelley, Yale's main passing threat and versatile end, who spent Thanksgiving day on the sidelines with head cold, was back in shape.
The Waterbury Democrat., 1935-11-29
7o-day.S Sports Parade

you his birthday, his favorite color, the size of his loves, his mothers maiden name, what he hit in the Tree-Eye league in 1927, and his religious affiliations. I maintain that such information is silly, and that they should keep their mouths shut until something happens.
 Now, the sermon over, we'll con- slider conclusion No. 1, namely, that N. Y. U. was a ball club on paper only. The Violets went into the game united and undefeated-gun- ming for the Rose Bowl assignment. I bet on Fordham, figuring that a team which had tied Pittsburgh and s. Mary's was 8 better team than one which had crushed such Titans as Rutgers, Georgetown, anG the like. The schedule e-makers made N. Y. U. tough; the players made Fordham tough.
 So, let Stanford choose the win- ner of the game between s. M. U. and Texas Christian. Stanford'll take licking, but it will be good ball game.
The Waterbury Democrat., 1935-11-29
EX-BR|STOL H. s. STARS ORGANIZE FOR HOOP PLAY
New Hoop Outfit to Be Known as Shamrock
 A. C.-HOn1e Games

Bristol, November 29-The cream of Bristols basketball talent, in- cluding four former Bristol High School captains, will team this year under the banner of the Shamrock Athletic Club. The quintet will be known as the Shamrock Captains.
 Arrangements are being made to have all home games played in Red Mems hall on Prospect street, old time scene of many New Departure and Bristol High school court battles.
 The team will be managed by Will liam A. Garrett, staff correspondent for the Hartford Times, who may be reached at 29 North Main street, Bristol, or at 4912 or 5219, Bristol. Eddie White, captain of the Bristol High combine in 1880 when he set a state high-scoring record that still stands and since then mem- Der of several Connecticut semi-pro outfits, will captain the team.
 White, who accompanied two state champion Bristol High lives to the National Interscholastic Tour nament in Chicago, will be teamed with Dikes Hall, Walt Utke and Charles Eagles, other former Bristol High captains; Eddie Kobliczynski, Otto Palau and Eddie Parsons, erst- while B. H. s. players. Before the season opens, the team will have several additions, including, it is ex- pected, Sugar Hugret. All-America and at New York University and 8 varsity guard on the Violets' home quad, and Al Bordeaux, Middletown Speedboys forward year ago. Andy Palau and Albie Gurske, Bristors athletic twins" who are doing their bit on the gridiron for Fordham this fall, will join the team whenever possible. They, with UUtke, were the main cogs in Bristol's New Eng land championship machine 8 few years ago.
The Waterbury Democrat., 1935-11-29
PLYMOUTH SENIORS
 ARRANGING GAMES

Two games are being arranged for the Plymouth senior group basket ball team to be played within the next few weeks, if permission to use the Community club building may be secured at this evenings meeting. One game will be played with the Winsted team while the other will be with Bristol team.
 In past years, the club has been unable to organize team due to little interest, but this season there is a wealth of material to organ ize a first class team and con- siderable interest is being shown inthe team.
The Waterbury Democrat., 1935-11-29
|PRO FOOTBALL
 GIANTS CERTAIN OF EAST HONOR
New Workers Blank Brook Iyn 21-O as Detroit
 Swamps Chicago

New York, November 29 = (UPl = With the New York Giants prac- tically assured of their third straight eastern division title, the main in- terest in the National Football League race shifted today to three way battle between the Chicago Cardinals, Green Bay Packers and Detroit Lions for the western divis- on championship. ~
 The Cardinals and Lions rose from tie for last place in the western division to a deadlock for first place by winning their Thanksgiving Day games. The Cardinals upset Green Bay for the third time this season, 9-7. Bill Smith kicked a field goal and Al Nichelini raced around end for g yards and the winninw touch- down in the second period. Monett's 6O-yard run gave Green Bay its lone touchdown in the first period.
 Detroit almost e1minated the Chi- cago Bears from the race by scoring a 14-2 victory. Earl (Dutch) Clark scored both touchdowns, the first on 11-yard pass from Bill Shepherd and the second after taking a pass from Ace Gutowsky. Clark kicked both goals.
 The Giants clinched at least a tie for the eastern title by defeating Brooklyn, 21-O. New York scored two touchdowns on passes, one from Danowski to Burnett for yards and the other from Danowski to Good- win for B yards. Ike Franklin picked up a tumble and ran 2 yards for the final score.
 The Cardinals can win the western title by defeating the bears in their remaining two games, regardless of what the other contenders do.
 Detroit can win the title by win ming its remaining game with Brooklyn, provided the Cardinals and Bears split. Green Bay must defeat Philadelphia while the Cards and Detroit lose one game each to win the title.
 The standing:
The Waterbury Democrat., 1935-11-29
BY HENRY McLEMoRE

United Press Staff Correspondent
 Boston, Nov 29.-(UP-I listened to a radio broadcast of the Ford ham-Ncw York University football game yesterday, and at the finsh was the owner of two very definite conclusions. With the sound of the whistle I knew, to my own satis- faction at least, that N. Y. U. was another of those ball clubs with a paper reputation, and that the surest way to get a headache, out- side of putting ones head against
 astone wall, is to listen to a radio football announcer.
 Let's discuss the second conclu- sion first. For three hours the aIl- nouncer, and let's call him MT. Blather because that's what his name should be, talked without a let-up. He never rested for 8 second. Between plays he told you how the clouds looked, how the turf was, and the first name and middle initial of every player. He described the band. teh crowd, the defensive and offensive formations of each team, the record of each since the turn of the century. If he had given this information just once, it would have been appreci- ated. But he repeated it a thou sand times.
 This repittion is not the an- nouncer's fault, I understand. One rule of broadcasting is that there must never be a moment when the air sn't carrying words. Broadcast CTS figure that no matter what hour of the night or day that a person tunes in on a station, he must hear something. As a result, announcerS must jabber, jabber, jabber, even when they haven't anything to say.
 Keeps Going
 Not once, but a dozen times be- tween plays yesterday, I prayed that Brother Blather would shut up and say not a word until the next play was run. But he never did. Tn the waits between plays he reviewed earlier situations, the life history of the coaches, the development of football systems, the weather, the ancient rivalry between the teams, and the actions Of his trained observer.
 When it finally was over I fell back on the sofa and said:
 'sThank the Lord! He's gonna be quiet for 8 moment"
 But he wasn't. He started all over again, and went through the whole business, telling everything for the fifteth time.
 A friend of mine has just looked over my shoulder and said that this is very silly column; that should have enough sense to understand that broadcasting companies must keep the air noisy so that when people tune in they'll hear some thing. Maybe the friend is right; maybe the announcers can't afford to shut their mouths. But I don't like it, even if it's the only thing they can do.
 Today's game was the first foot ball game had heard over radio since Georgia Tech played in the Rose Bowl in 1928. The technique was the same then as it is now. Talk, talk, talk. I've heard Q few baseball games, and they're the same way. A man comes to bat and between the time he either hits or Is out tho announcer tells
The Waterbury Democrat., 1935-11-29
slO.OOO EARNED BY AUS
 TRALIA'S DAVIS CUP TEAM

Sydney, N. s. W.-(UP) = Aus traiia's Davis Cup team is estimat- ed to have earned $l0,000 for the Australian Lawn Tennis associa- tion.
 The tour of the team has proved A big financial success. Profits from the tie against France produced sl2.5OO; that against Germany pro- duced s4,500, while the appearance of the team ct Wimbledon resulted in another 93,l26.
The Waterbury Democrat., 1935-11-29
HARVARD TO BE
 LAST YALE GAME

New Haven, Conn.,, Nov. 29-(UP) Commencing with the 1886 Sched- ule, Harvard will occupy the clos ing date on Yale's football program every year thereafter.
 Athletic Director Malcolm Farmer announced that the practice of al- ternating with Princeton either ex- tended the season beyond Thanks giving day or necessitated 9-game schedule, both of which, he said, "were undesirable"
 Army has been dropped from the 1886 program, which includes, in order, Cornell, Pennsylvania, Navy, Rutgers, Dartmouth, Brown, Prince ton and Harvard.
The Waterbury Democrat., 1935-11-29
SPEED BOYS WIN

Middletown, November 29 - The Speed Boys came from behind in the last half last night to defeat the Atlas of Hartford, 36 to g. The Atlas led at halftime by 16 to 2.
 In the preliminary game the Speed Girls won over the Mohawks of New Haven, IT to 12.
The Waterbury Democrat., 1935-11-29
idUesterners Get Six Spots On United Press AAnaert
Thanksgiving Day Scores
By United Press)

By United Press)
 EAST: Fordham 21, NIew York U. o. Albright 31, Muhlenberg 6. Bucknell ', Temple 6. Catholic 8, North Carolina State O.. Colgate B, Brown 0. Davis-E -Elkins 6, St. Thomas 2. Franklin & Marshall IS, Gettys- burg 2.
 George Washington 1S, North Dakota O. Penn SS, Cornell 2. Pitt 0, Carnegie Tech 0. P. M. c. 6, Ursinus o. Syracuse 0, Maryland 0. West Virginia Wesleyan 12, Mar shall 6.
 WEST: Cincinnati 8, Miami (Ohio) '. Missouri 0, Kansas 0. Marietta g, Muskingun 6. Nebraska 26, Oregon State 20. Oklahoma 25, Oklahoma A. & M. 0.
 Western Reserve 6, Case 0.
 SOUTH: Arkansas IA, Tulso 2. Centre 2, Chattanooga '. Detroit 12, Texas Tech T. Kentucky 27, Tennessee O. Kentucky State 6, Tenn. State O. North Carolina 61, Virginia 0. Southwestern IA, Spring Hill IA. Texas A. & M. 20, Texas 6. V. P. I. 12, V. M. I. 6. Vanderbilt IA, Alabama 6. William & Mary 6, Richmond 6. w. Virginia 19, Loyola (New Or leans) 19.
 FAR WEST: Arizona 53, Drake 0. Colorado IA, Denver o. Colorado State T, New Mexico 6. Montana State 6, Montana Mines 3.
 Utah IA, Utah State IA.
The Waterbury Democrat., 1935-11-29

Thursdays Games New York 2l, Broowlyn 0. Chicago Cardinals g, Green ay '. Detroit IA, Chicago Bears 2.
 Sundays Games Chicago Cardinals at Chicago Bears. Brooklyn at Detroit. New York at Philadelphia. Pittsburgh at Boston.