The Bismarck Tribune Newspaper, December 6, 1922, Page 1

’ “ ¥ For Bismarck and_vicinify: Snow probably tonight and Thurs- day; continued cold. ESTABLISHED 1873 HUSBAND OF . MRS, PHILLIPS BEING HELD Escape Still to be Explain- ed Say Police 1 | i i > | NO. TRACE OF WOMAN Believed to Have Goné Into MexicoMany False Clews —— | Los Angeles, Dec. 6.—The search | ~ for Mrs. Clara Phillips, convicted of * beating Mrs. Alberta Tremaine THE BISMARCK TRIBUNE LAST EDITION ‘ ‘GRAND JURY SES - ENTENTE PLANS DARDANE RR eee NINE MILLION ASKED TO ENFORCE VOLSTEAD ACT ‘JAPANESE AND Mystery Shrouds _. Noctor’s Death Meadows to death with a hammer and who escaped: early pesterday from the Los Angeles County jail, was in active progress today! ‘throughout southern California and | Lower California. i Despite vhrious other tips and | clues, sheriff's despites generally j held to their original belief the! “hammer murderss” had fled across the boarder into Mexico and plans | were made to extend the search for | her as far south as Ensenda, on the west coast of the Lower California ! peninsula, about 90 miles south of San Diego, California today, They | were not overlooking other direc- ; tions, and had asked San Francisco authorities to join in the hunt. The border between the Califor- nia’s, from Tijuana, near San Diego ! to the Arizona line and especially at | Calexico, California and its Lower, California neighbor, Mexicali, was being closely watched. Armour Lee Phillips, the convict. ed woman’s husband, upon whose story of his movements the 24 hours preceding his wife’s escape “some doubt has been cast,” according to sheriff's deputies, was still - in, technical custody early’ today. Although not placed in jail he was in charge. of Frank, Dewar, a Deputy Sheriff, with whom he slept last night and with whom he was to take. his meals “until further notice,” it was said. Receive Many Reports , Since the escape, the sheriff's of- DR. FRANK FOX i By NEA Service } Greeneville, Tenn., Dec. 6.—What may develop into a mystery as great, as the Hall-Mills murder case is puz®) zling police here in the death: df Dr. | jiaank Fox, 26-year-old ‘son_of.-weal- | thy Dr. C. P. Fox, owner of the} Greeneville ‘Hospital’ and Sanitari-; um. Dr. Fox’s body was found in an’ jautomobile along a roadside near} here. A bullet had pierced his heart! and a pistol lay beside him. A wo-| man’s high-heeled print in the road) is* the only clew. i fice and the police have received) Miss Evelyn Kincheloe of Ma-: i many reports that Mrs. Phillips has been at varicus places. One of the slates rumors which at first was regarded with ‘extreme hope by Sheriff Wm. I. Treger, came in a telephone call from Long Beach. It was from a man who withheld his name, but gave what he said was the street humher of a house where he said Mrs. Phillips was in hiding. Axposse, headed by the sheriff rushed to Long Beach, only to find there was no such ad- dress. Efforts to trace the call were begun, Relatives of Mrs. Phillips ex- pressed surprise when informed of her escape which, it was. reported, was planned during a telephone con- versation Monday afternoon, when she was permitted to use a direct * y line from the jail without. interfer- ence from the authorities. Later that night, it was declared, ' she feigned illness to assure herself cf as much privacy as possible in filing through the bars of ‘her cell window with files smuggled to her in some way. NORTHWEST IN —GRIPOR COLD (By the Associated Press) Chicago, Dec. 6.—Still holding the northwest in @ chilling grip of sub- zero temperatures, winter continued its belated advance today into the southland, causing marked drops in Lte temperature as far south as Texas! and calling forth predictions of cold- er weather in the Lake region the | great central valleys and the east! gulf states, In the upper'lake region, the zero and sub-zero weather was accompan- ~ied by a sixty. fore it a snow storm that practical- ly tied up shipping. Reports indicates that the , cold wave still centered in North Dakota and Montana. Havre, Montana and Williston, N. D., recorded the cold- est temperatures in the country last night, the mercury going more than i -mile wind driving be-! nassas, Va., was to have wed Dr.| Fox on Christmas Day. She ha: come to Greeneville to aid in solving the mystery. ‘ i i ORPORATIONTO | | CONTROL NITRATE IS PROPOSED | | Washington, Dec. 6.—A overn- {ment controlled corporation to pro- duce nitrate for war purposes and; cheap fertilizer for farmers was pro- posed today as a solution of the; i Muscle Shoals question by Repre-| sentative Dickinson, Republican ot | Towa, a leader of the farm bloc who introduced a bill to put his plan into effect. Inva statement-Mr. Dick- linson said the Ford offer for Mus-j \ ele Shoals had ben subjected to such| “strong criticism” as to endanger! ithe future disposition of the plaps) and that he had been “led to fhe| | conclusion that some plan of federal} | operation is the only solution that will insure early completion,” of the! work. | | Mr. Dickinson’s bill provides that | | the “Federal chemical corporatinn,”| consisting of the Secretary of Wa {the Secretary of Agriculture and | three members to be apointed by! ‘the President, be given power to! ‘complete and operate the Muscle! Shoals project for the manufac of nitrate, and fertilizer, the ;at-| ter to be sold to the consumer at cost, plus 41-4 per cent to be added to provide funds to complete and lequip the plants. The corporati ‘also wauld be authorized to sell v: 1 i cess power to states, municipalities ‘or private enterprise, giving prefer- lence to states and cities. 32 BELOW IN i ONTARIO TOWN New York, Dec, 6.——The tempera- i | harbor district of an alleged I. W. W six below zero. In Seattle, Washing- | ture at Whiteriver, Ont. dropped ton, three inches of snow had fallen. |degrees below zero today, according On Grays Harbor six inches of snow | to the weather bureau here. fell. j = A gale of sixty miles was reported | RESIGNS PLACE from Cape Flattery, Wash. Predic-| Minot, N. D., Dec. 6—F. C. Upton. tion was for rtore snow in western ‘for the lust 12 years a resident of |, Washington. |Minot, and for some time federal Heavy snow fall was reported! prohibition agent+in charge of the from all parts of the state yester-; northwest district of North Dakota, day, Hoodriver, The Dalles and Med- {has resigned to accept a position as .f ford having from 9 ‘inches to 2 feet. : superintendent of farm loans in the ———_—_—_ |First Joint Stock Land Bank of Des AIRPLANES CRASH. 'Moines, Iowa. The resignation be- El Paso, Tesas, Dec. 6—The air- comes effective immediately and Mr. planes which left Brooksfield, San Upton plans to leave within a few |; Antonio, yesterday morning arrive. 'days for his new field of business fat Fort Bliss at 10:10 this morning. | operations. (One. crashed at Fort Clarke yester-|. The Upton. family, however, “lay and another is, reported to have|not leave Minot until after the pres- v twret (A anillion tO oritiony ent school year. Page €—) -) i \, will} | BISMARCK, NORTH DAKOTA, WEDNESDAY, DECEMBER 6, 1922 (Leased Wire of Associated Press) PRICE FIVE CENTS PAN CREASOF PIG AIDS IN KIDNEY CURE First Case of Diabetic Coma Arrested by Insulin Serum FIRST CASE OF KIND: Successful Use of Serum to Arrest Gangrene Is Reported Also (By the Associated Press) New York, Dee, 6.—With the re-| cording of what is believed to be the; first case of diabetic coma to be suc-} cesefally arrested in thé annals of! medicine in this city, medical thorities today expressed high praise} for the treatment used—the insulin; serum, recently reported discovery of | Doctors F. G. Batan and C. F. Best,) two University of Toronto graduates. | “The ingulin treatment taken fron: the pancreas of a pig, is undoubt-| edly one of the greatest scientific; contributions of modern times,” said] Dr. Thomas Howell, superintendent] of New York hospital, where tne successful cure was reported. Sixteen-year-old. Geo.“Van_Hagsel | of Brooklyn, was taken to the h pital ‘three weeks Ago*in a diabct' coma, a state jn the disease which| heretofore’ has been regarded as! hopeless, given the insulin treatment} and a few days ago discharged.. With careful dieting and periodic injec- tions of; the pancreas extracts, phy- sicians sajd, his life will not be en- dangered by the disease, Successful use of a serum to or- au-! “i rest the progress of gangrerle alsa! was claimed by the announcément that Edward Trainer of Ossining, t discharged from St. Market's hosp tal last night. Trainer who froze both his ‘feet ten years ago, was ad-' mitted to the hospital last March after he has lost both legs and sev- eral fingers which had been ampu-; tated in an effort to stay the prog Tess of the gangrene. ' As a result of 13 injections of the serum in ten months Trainer’s case was so far arrested that he was abie to use artificial limbs when he left the hospital. He will be required te report once a week for an injection for the next seven weeks when it is expected that -he will be finally dis- charged as cured. LWW. PLAN BIG STRIKEON PACIFIC COAST Los Angeles, Dec. 6:—Industrial Workers of the World plan a strike at all Pacific Coast ports, beginning New Year's day, according to infor- mation the police said today was contained in literature seized by! them and operatives from the dis- he trict attorney's office in a raid in meeting last nigh®, during which three men were arrested. It was further said the literature disclosed plans for demonstrations ; before the Los Angeles county j and the Hall of Records here tomor- | row as protests against the arrest of | men charged with violating the muni-! cipal anti-picketing order’ by at- tempting to prevent men from takin| employment where I, W. W. strik are in progress. i RETAINS BANGS TO DEFEND HIM, ©. R, Jones, who was arrested on a charge of embezzlement in a local bank, has returned from Grand Forks, where he engaged George A. Bangs! to aid in his defense with Norton! and Kelsch of Manan, BISMARCK WINS - BAKER’S MEET Minot, N. D., Dec. 6.—Bismarck was selected the 1923 meeting place of the North Dakota Industry cf; Baking association at the close of! its semi-annual convention here ycs- terday. The annual meeting will be held some time in February. CHINESE SETTLE CONTROVER: (By the Associated Press) Peking, Dec. 6.—China and Japan tonight completed settlement of the Shantung controversy as outlined by the terms of the Washington tresty. China agrees to pay Japan forty million yep’ for the Shantung, rail- rooad. The payment will made in 15-year Chinese treasury notes bear. RY SESSIONS HAL * WOULD PLACE CONTROL IN COMMISSION United States Is Urged as One Power to Help Police Area PLAN “NEUTRAL ZONE Pa ‘PROHIBITION - ENFORCEMENT | PAGES CRISIS More than 3000 Engaged in Detecting Violations of Law Adjournment Taken Until Fri- day to Allow Turks to Study Proposal TED LLES CONTROL CHARGED PANEL IS BUNGLED; ~ AULEGEJOHN BURKEEMPLOYED PRIVATELY FOR PROSECUTIO Attorney J. M. Hanley Springs Sensation in Court Room, Alieging E. A. Hughes, Others, Retain Former Governor, And Will Oppose Appearance Before Grand Jury; Serves Notice E. G. Patterson Is Informed of Attempt to Indict Him and Will Demand Right to Appear and Testify Before Grand Jury; Others Enter Objections to Jury Panel; Matter Serious, Says Judge; Goes Over a Day. | Bungling in the drawing of the Burleigh county grand ing interest at six per cent. In addition China pays Japar-16,- 20,488 ARE CONVICTED 0¢9,000 yen for all public properties located inf the Giao Chow district. Ciyil’ and military administration will be turned over to China on,Deo- cember 10, while the Shantung rail- way will be transferred to Chinese authority on January 15. China, as a direct result of| the Washington conference thus regains control of territory which she lost when it was seized by Germany inthe federal prohibition :nforcement | 1898. fight has. been reached in the opin- ion of Commissioner Haynes, it was | Will Need $50,000,000 or More During Period of Six { Years (By the Associated Press) (By the Associated Press.) Lausanne, Dec.6.—The entent plan for keeping open.the straits of the Dardanelles and Bosphorus in time of peace and war provides for the appointment of an international commission of control composed of the great powers, including the United States, as well Black Sea. The Turks, it appeared, had sud- denly realized that the Russian as Turkey | Washington, Dec, 6—The crisis in/224 the countries bordering on the were serious in that any work the grand jury might do would SIX DIE IN: PLANE CRASH ON LANDING Majer, Captain and. Four En- listed Men Meet. Death at Langley Field TWO PLANES. COLLIDE Scout Machine and Big Bom- ber Come Together in plan for control by Turkish war- iships would force Turkey to build a jnavy. Hence doubts had arisen in . ‘the minds of the Turkish delegates, _In asking. $9,000,000 for the next: who seemed more disposed to nego, jaseal year for his department, Mr. tiate a scheme for neutralization of ; Haynes told the committee that if a'the straits and the Black Sea with jsimilar amount was allowed for pro-' some form international cantrol. hibition enforcement continuously! The allied control plan sets. for ifor five or six yehrs, a reductionithe scheme for limitation ‘of’ the then ought to be possible but thatinumber of warships and_totak*ton- the critical period for enforcement! nage to be allowed in the waters was now at hand. iunder control, and gives Turkey and the Black Sea countries the right 3,800 Employed to say’ how ‘long’ warships may re- Mr., Haynes said there were 3,800; main in their ports. men employed in the work of pro-! The. plans .suggest’the demilitari- hibition: éiforcement. Because of the | zation of the. straits. It also gives appropriation asked for next year re-}Turkey the right to ‘search neutral ' presents a reduction of $250,000 from jmerchantmen in time of war. ithis year’s outlay, he said, there! Delegate Barrere of France said ; would be a slight reduction in his|the proposition represented an at- forces, but he hoped to Te-arrange | tempt to solve the straits problem ‘the organization so as not apprecia- | Without infringing on the sovereign- | bly to lessen its efficiency. |ty of Turkey or that of any coutry The prohibition commissioner told|bordering on the Black Sea. the committtee he was “gratified”! In the conference session Richard disclosed today in reports of recent hearings before a house appropria- tiohs sub-committee. ae \jury panel recited before Judge J. A. Coffey by the States /Attorney, charges that former Governor John Burke was in ‘private employment of E. A. Hughes to secure action by the grand jury and serving of notice by E. G. Patterson that he understood effort was to be made to indict him and he would demand the right to appear before the grand jury and give testimony, were the sensational episodes of district court here late this afternoon. After hearing the matters related, Judge Coffey said they be‘ nullified if they were well-founded, and dismissed the grand jury until 2 o’clock tomorrow afternoon to investi- |gate authorities and other matters in connection with the {grand jury call. ' Judge J, M. Hanley and John F. Sullivan of Mandan and William Langer appeared for separate defendants, whose eases will go before.the grand jury, and the former two ‘appeared also as parties to the prosecution of two cases to go before the body. \ : {Former Governor John Burke appeared before Judge |Coffey in chambers before the court formally openéd and ‘remained in the courtroom during the proceedings;but did not participate. 5 | States Attorney McCurdy, after making a statement in ‘the matter, declared he did not believe the mistakes in the ‘drawing of a jury affected the validity of its action and were not serious. presentation of the states attorney i Before he began Phillip Webb was | MEET HERE excused from acting as a grand | juror because he was 64 years o: i age. John Ozmun asked to be ex- There was delay in opening of court, it being 3 p. m. when the i { Fatal Collision (By the Associated] Press.) Newport News, Va., Dec. 6.—Ma- i rts f jor Guy L. Gearhart of Leaven-|‘™more sympathetic,” he | asserted, : jail sentences and fines were worth, Kansas, Captain Benton A: | becoming heavier, Doyle of St. Louis, Mo, and four’ «There is a general disposition to enlisted men were killed at Langley tighten up" fs added. ee ‘i i “ng In the fiscal year ended June 30, seh gia eerie erate bide | 1922, the prohibition commissioner Lafitte eed cache said there were 20,483 convictions 10 Fokker scouting machine piloted bY | federal courts for violations ‘of th Major Gearnhart collided about 250 | prohibition law. Acquittals number. feet in the air, both machines crash- | ed 4,625, cases dropped 3,217 and ing to the earth in flames. civil cases disposed of 544, At the The enlisted men killed were | end of the year, he said, 15,910 cases Staff Sergeant Marsick, Cleveland, , were pending in federal court, bring- Ohio, Private F. J. Blunka, Chicago, ing the total of cases handled to Thomas Jordan, Deepstep, Ga. and | 44,779. These figures, he said, did Leon Rolas, Philadelphia. ‘not include cases in state courts. The bomber was in/the air when Fines in federal courts which were Major Gearhart took off in a Fok- | deposited in the treasury, he placed ker, The lighter machine struck at $2,179,000, In many cases pro- day to permit the Turks to study the | proposal. | Ambassador Child set jforth the iview of the United. States indepen- dent of that of any other power. He said the United States holds that jand that it opposes any plan which :would give one power control, just as it would in any other interna. ‘tional water. | Both Turkey and the inviting powers—Great Britain, France and {Italy—are expected to make clear their plans for a settlement of the Dardanelles problem at the morning | session of the Near East conference | today. {with the present functioning of his wasnburn Child candy Joseph | |cused hecause he said there was no 'enforeement machinery, and that the Grew, presented the views of the | 2 «lone within a mile and a half of his [department was sccuring “fine co-'United | States. Foreign | Minister Meeting to be Held During: home to care for his stock, and he ' operation,” from states and counties 'Tehitcherin of Russia opposed the | ' . Fi feared Toss in case of storm. Another ‘in the main. Courts were becoming |lied proposition, | The Legislative Session aad was presented, but these Adjornment was taken until Fri- went over. Members of the! North Dakcta, “There appears to be a little ir- Press association are being asked by pide in fre drawing of the reas yop @tand jury which I feel should be execiitive committee to answer! caited to the attention of the court 'questions/relative to needed changes’ at this time,” said States Attorney in the present printing and legai, McCurdy. onening the presentation. publication laws, based upon reso-! upg ie thee there mae a little ats . | biguity in the order of Judge Coffe: lutions adopted by the state con-) Meine drawing of the. grand jury, vention last August at Devils Lake.’ which was construed by the jury The association will meet some- commissioners to mean that 18 men , time in January ot early in Fe! should be drawn. The names of Mrs. ry, during the legislative session, F. C. Voight and Mrs. L. 0. Bates—- in Bismarck, according to present, Which he said should be L. 0. Bates, plants. |a man—were drawn amang the first Included in the discussions will be 18 but were set aside, the states at- provision for a reduction in the torney said, and the drawing contin- present prices paid for publishing! ¥ed until 18 men were drawn. | delinquent tax lists through a dif-, In view of the statute which pro- the executive c the tail of the bomber and both onds machines fell to earth. Major Gear- hart, Captain Doyle and Sergeant Marick were caught in the wreckage f the two machines and burned to 0: death and Private Blunka and Jor- dan were killed almost instantly when they jumped. ‘A later report said the bomber, | piloted by Captain Doyle, was lead- ing a formation and was making a | bank when the Fokker arose froma long take off. The smaller ma- chine struck the bomber almost amidships, cutting off the tail. Both planes hovered @ moment, earth. START LONG FLIGHT El Paso, Texas, Dec. 6,—Three army airplanes left Fort Bliss at 10 o'clock this morning for San Diego,,! Califirnia. They are three of the four planes which left San Antonio, Texas, Monday morning and which arrived here Tuesday on a cross country flight for training purpos- es. The fourth airplane was wrecked and a fifth airplane on its way to Fort Bliss only, but which was fly- ing with them, also crashed. SAND, GRAVEL ceedings toward forfeiture of ferent method of figuring the costs, | Vides that men and women me At a private conference yesterday {serve on grand juries there was an then | |broke into flames and crashed to | troubled with some counterfeit bills the straits. and other assessments were {pend- ing. | between the leading members of the | ; Turkish’ and the principal. European | i To Buy Evidence jdelegations Great Britain, . France Mr. Haynes asked for $150,000 for and Italy, apparently agreed the ‘ “buying evidence,” and, told the com- mittee $139,000 had been spent 12 control, it is understood*the powers [thet way during the last year. 'algo agreed that thé Dardenelles ; ‘brought. about a big The bootleg liquor business | increase jcounterfeiting, much of which is the |war, with the possible limitation of | ‘work of amateurs, W. H. Moran,!the size and number of war craft. |chief of the secret service, told the} Foreign Minister Tchitcherin is | {house appropriation committee hear-/ prepared to attack such a program}! ‘ings made public-today. ;Vigorously, supporting Russia’s-plan | “We dre just now very greatly to have Turkey in sole control of | It is uncertain whether | lof fair workmanship in the eastern |Turkey will subscribe unreasonably | ‘half of the country,” -said Mr. Mor-jto the Russian program. ‘an, “much of which is being used in :an, : cused the purchase of whiskey. It is being |straits must be under international Ie has ‘must remain open to merchant men | in!and warships in times of peace and ! irregularity there, he said. G | He, therefore, he said, moved th ; court to require the record be coy- j rected and the first 18 drawn to stand on the panel. This, he said CASES TRIED would include Mrs, Voight and L. 0, Bates and would remove Jacob Kal- ‘lio Jr. and O. H. Benson. Mr. McCurdy said he had taken Judge Coffey Plans on Three te matter up with the Attorney- General and said it was felt by thei Weeks of Court Here |andhimthat itwasnot necessary to = late |discharge the whole panel, but that the drawing was a ministerial func- tion and could be remedied. How Jury Was Drawn The grand jury was drawn here by Clerk Charles Fisher, Treasurer J. A. Flow, Auditor Frank Johnson and Trial of civil jury cases began in district court today before Judge | Coffey, the first case called being that of Ole Warne vs. M. B. Finseth, iwith W. L. Smith representing the done to a considerable extent. Oa \the Canadian border the counterfeit- ris defrauding the people on unc other side of the border in the pur- chase of whiskey which he seeks to ‘bring across.” j Ilustrating the general use to which ‘the. spurious money is put ‘Mr. Moran mentioned two case? ‘brought to his attention where $ of counterfeit, $20 and $50 federal ‘reserve’ notes and $1,200 in raised !federal reserve notes were paid for ‘liquor for smuggling. The consider- j were jhere last evening. ; rates ation authorities, he added, putting forth every effort to sup press it. 4 38 Million Gallons There were 38,826,195 taxable gal- lons of liquors in distilleries and bonded warchouses when the last count was made June 30 last, ac cording to a table filed with the house appropriations committee -by the Bureau of Internal Revenue, and made public today. The amount under government con- trol and guard was 3,433,204 gallo’ less than on the same date in 1921. Here’s how much there Whiskey 36,588,567 gallons; rum, 384,011; gin, 987,884; high wines, 1,- 073; alcohol, 543,347. The amount of neutral or cologne spirits was not in- cluded in these figures. RATE'CUT ASKED Fargo, N. D., Dec. 6.—Fargo 2on- tractors, builders ,and material rocn opened a fight for lower freight rates on sand and gravel from Min- nesota points to Fargo before ¢p2- cial examiner, A. C, Wilkin of the Interstate Commerce Commission They say that present interstate are so high as to prevent building and highway construction in North Dakota. ELECT DARROW... Fargo, N. D., Dec, 6—Dr. Frank Dafrow was elected commander of the Gilbert C. Grafton Post of the American Legion here last night. I plaintiff and F. H. Register and |Geo. M. Register the defendant. Judge Coffey announced that this term of court would not last more than three weeks, he figuring on two weeks of jury cases and one LEGION MEN Impress Message of American ther cities and states that he must % hold them. He expects that the Education Week ‘judge appointed to succeed Judge Nuessle will hold a lengthy term ir = ' | Bismarck after the first of the year e-message of American Educa-| to clean up some important work tion week was carried to audiences} The two women jurors on the at the local theaters last night my! petit jury panel, Mrs. F. C. Voight P. G. Harrington, speaker. for the! and Mrs. E. J. Schultz, were excused American Legion. Blair Clerk wiil| form service. speak in the theaters Friday night.| The grand jury was to meet this Legion speakers will visit the! afternoon. erade schools Friday and tell some- 7 thing of the etiquette of the flag to the pupils. Legion speakers will be ASSOCIATIO R. J. Murphy, J. C. Beck, D. A| MEMBERS TO Bartsch, Geo. Bird, L. P. Warren MEET TONIGHT Notices were sent to all members j of the Association of Commerce vf |the general and group meet at Smart costume blouses for sum-. the high school tonight at 7: mer wear are of gold or silver lace| One hundred per cent attendance i over light foundations of metal cloth, asked. for the meetings tonight are Usually a few French ribbon meri to formulate the program Phillip Elliott will speak at the a iness college tonight. G. H, Russ,| Jr, spoke at the high school yes terday. are added to advantage. of the association, Sheriff Rollin Welch, constituting a commission. The drawing took place in the clerk’s. office publicly, with States Attorney McCurdy and a num- ber of spectators present. J. M. Hanley, appearing, he said, for a number of defendartts, said that if substitutions were made it would change the personnel of the grand jury, would deny to defend- ants the right of notice of the per- sonnel as provided by statute and would constitute a violation. He said the states attorney’s mo- tion amounted to taking two sum- moned in the venire off, and impan- elling an entire new grand jury. Under the law of the state, he de- clared, defendants were given right of notice of drawing, and if that is not given any acts of the grand jury are invalid. He said that to take y two names and put in two others would be illegal. William Langer said he appeared and entered the same objections in behalf of Edward Scott. Serious, Says Coffey States Attorney. McCurdy asked Mr. Hanley to say whom he repre- | sented. He said that for the purpose of his motion he appeared for Wal- ter Carter, and that his firm of Sullivan, Hanley and Sullivan, also (Continued on Page Three)