The Bismarck Tribune Newspaper, December 7, 1928, Page 2

“PAGE TWO CALIFORNIA AND ARIZONA RENEW WATER BATTLES Wet-Drys Clash Over $13,500,- 0C0 Liquor Law Enforce- ment Measure LAGUARDIA GETS TESTY Nye Arranges to Consider West Nomination at Com- mittee Meeting Washington, Dec. 7.—(AP)—Con- gress seems to have slipped quickly back into the routine of an ordinary session. The first political skirmish with Democratic and Republican senators sniping st one another, in the course of which Senator Heflin, of Alabama, took a fling at his old enemy, Tam- many, is over. Both houses are involved in legislation that promises plenty of action, vocal and other- wise. The senate with its long standing acquaintance, Boulder Dam, and the house with the billion dol- lar treasury-post office appropria- tion bill. : The senate was wondering today whether the Foulder Dam problem was any nearer solution because of the resumption of the quarrel be- tween Arizona and California over the distribution of water in the low- er Colorado basin in the event the dam is built. eee "The house faced the appropriation bill with the memory of a wet-dry clash over that part of the measure which carries $13,500,000 for liquor law enforcement. Representative Laguardia, Republican, New York, a wet, said that there was no desire! on the part of the administration to enforce prohibition. He declared that if the drys really wanted to continue the “noble experiment” that $250,000,000 and 150,000 agents would be required to guard Ameri- can shores and borders, The Senate Foreign committee had arranged to hear Secretary Kellogg on the Kellogg: Briand treaty for the renunciation of war. The ; act has had only praise thus far and President. Coolidge is known to be strongly in favor of it, having expressed the hopé that. it be ratified before he leaves office March 4. President Coolidge has solved the question of whether he would sub- mit the names of Secretary of the Interion West and Secretary of Commerce Whiting to the senate for ratification by transmitting. both for confirmation. And immediately Chairman Nye of the public lands committee arranged to consider the west nomination at a committee meeting Saturday. Opposition to West is expected to develop. NORTH DAKOTA MAN IS JAILED Hurdsfield Farmer Sentenced to Workhouse as Accident Aftermath Minneapolis, Dec. 7.—(AP)—Paul Swardstrom, a farmer of Hurdsfield, N. D., was sentenced to 90 days in the workhouse by Judge Levi Hall today on a charge of failing to stop and give information after an acci- dent. The accident occurred Novem- ber 7, when a-cording to police re- orts, he ran down a pedestrian and Broke his leg. Witnesses testified that at the time of the mishap, Swardstrom stopped, looked at the victim an then drove on. He refused to return to the scene of the accident, wit- nesses said, although a motorist chased him and told him it was his duty to come back. Swardstrom re- mained in Minneapolis several days then returned to his home. Through license numbers police learned his identity and wrote him a letter. He replied admitting that the had an accident in Minneapolis. ‘Fhen the sheriff of his county, the request of Minnespolis _po! told him he better come to Minne: apolis and straighten out the trou- ble. He arrived recently and was arrested. Booze Racket Gang- sters’ Shotguns Get ‘Tough Cop’ (Continued from page one) ers damaged the plant of the Chi- cago Heights Star, a newspaper where Scanion was employed. King Williams, the editor, said he could not connect the slaying of Scanlon with his own troubles. Relations d| Says. T. HE BISMARCK TRIBUNE ea rr a FRIDAY, DECEMBER 7, 1928 ' 1 i I didn’t get the job.” “Here, I've spent all summer growin’ these Santa Claus whiskers and Metal Mail Planes, Thought Fireproof, Become Blazing Coffins Editor's Note: This is the second of five stories describing the dangers braved by airmail pilots to“get the mail throughat any cost,” written particularly around the career of Major Wes- ley L. Smith, superintendent of the New York-Chicago division on the transcontinental route and airmail flyer since 1919. Today Major Smith tells of fighting flames in a mail p!ane more than a mile high. 7 6 8 Fire is the most treacherous and the most feared foe of the airmail Pilots. Before the days of modern planes, largely of metal, the menace was ever present and many of the airmail pilots have gone blazing to their deaths on aerial pyres. One of the narrowest escapes which Major Wesley L. Smith, one of the original airmail pilots and now superintendent of the New York- Chicago division of the National Air Transport company, airmail contrac- tors, ever had was when he fought a blazing gasoline fire 8,000 feet in the air. That was when he was piloting one of the famous Junkers metal planes between Chicago and New York. The planes, built in Germany after the war, had been bought by the airmail service, and were hailed by the pilots as the first planes in which they felt safe from fire. But they soon found they had misjudged them. These planes became their flaming coffins. Smith left Chicago August 31, 1920, and his co-pilot, E. M. Haight, now an inspector with the Depart. ment of Commerce, riding as relief in the cabin. Afire 8000 Feet Up “We were breezing along, with a good tail wind at 8000 fect, when suddenly the motor quit,” Smith “Those motors had caused plenty of trouble. They burned ben- zol, and as that fuel ate rubber hose connections, metal connections were necessary. These repeatedly had broken under the strain of the mo- tor’s vibration, “When the motor quit, I assumed one of the connections had burst. I shut off the fuel supply. “As I did so a blinding flash of flame shot up through the floor- boards of the cockpit, heneath which the motor was housed. It was the first burst of burning oil and benzol in the chamber about the engine.” When the flames burst through the flooring Smith had to do some quick thinking. Two tan! tween him and the flame: water, the other of oil. He knew if the flames reached the oil supply, it meant the end for him and for Haight, too. Dives at Terrific Speed The plane had dual controls, with two pilots’ seats in the cock Smith was in the left seat. His salvation lay in throwing the flames away from the fuel tank, and letting them burn out. “So I threw the plane into a side- slip to the right.” he continued, SHOTGUN SHELLS wn ib ee of hae: er elogs et loose by a # ‘olan geod Si pd aoe the lives of three others “That forced the flames away from. the fuel tank and against the water tank in front of me. They swept juad}over my hands, my face and my led body, but I hung to the controls. I or it was ‘curtains’ for both rs whose cars| of what seemed an etern- » the flames died down. Smith at the altimeter, saw he had to 4,000 feet and. was still straight toward earth, i 1 i * | dition since the assault. | fast. AVIATOR DODGES DEATH IN FLAMING PLANE MORE THA N MILE ABOVE EARTH some standing, some shocked. I chose to land in the standing corn; it was softer.” Shouting back to Haight to pile the mail back in the tail of the ship, Smith swept down for a landing. The plane grounded in the corn and | Plowed through it to a stop. The ship and the pilots were safe after one of the most thrilling bat- tles with death in the air the airmail had ever seen. A few days in the hospital and Smith’s burns were patched up. He owed his safety to the fact that the fire had broken out high enough in the air to permit fighting it on the way down. A day later, one of Smith’s mates was caught in a similar fire in a similar plane and killed. He was flying low at the time and had no chance to fight the blaze. Dodges Schéolhouse On another occasion, while squeez- ing his plane over the Pennsylvania mountain tops, just under the clouds, Smith's motor quit. He had to think _A clearing was just below. He circled down and shot for the field. The Junkers plane he was flying had a flat landing curve. He saw as his wheels touched the ground he would overrun the field. At the other end of the clearing was a schoolhouse surrounded by trees. The schoolhouse would have made the softer “crash” but Smith chose the trees, fearing the school would be full of children. He sent the plane between two trees. The crash ripped off the wings, but broke its speed and Smith and his mate climbed out unscathed. Quick thinking like that is what brings the airmail through. sm NEXT: Playing “blind man’s buff” with dgath in the clouds, WIFE OF SHOW OWNER TAKES COURT STAND (Continued from nage one) adjourned court at 4:30 with the ex- pectation that the defense would be able to put in all its testimony to- lay and permit the case to go to the jury. The appearance of the circus at Medina was attended with some other turbulence, according to Thurs- day afternoon’s testimony. Trouble with a man named Fisher was re- ferred to incidentally. It was testi- fied by William Biet that C. R. Harding, the show manager, had gone to the office of H. H. Norton, President of the board of town trus- tees, to obtain police protection, but the deputy sheriff and constable were out of town. Harding, it was testi- fied, offered | to pay anyone given police authority by the town to serve at the performance. ___, Harding ‘Ran’ Circus Norton was called to the stand to show by the circus license issued by him that Harding was in control pute the show and all its conces- 8. Emma Snyder, Max Schulke and Tester Joos gave descriptions of the fight in which Klett asserts he was Knocked out with a tent e. Jods said he was ordered to get off the grounds or he'd be killed. Mrs. Snyder. like Biet,’ testified to the lifting of the tent flap by Hard- ing, who, they said, called all the actors but one in a red uniform ous while the fight was going on. The band also remained in the tent, they said, Says Husband Changed Mrs. Klett testified as to the al- leged change in her husband's con. ditio She said he is tired and hai ogres ind she take the bookkeeping of their store business off his hands. Counsel Thorpe made a move to ; mend the original bill of complaint (80 as to bring into the record the ex- pense incurred by Klett in the hos- pital. The defense objected, but ret- erence to the complaint showed that it Rigerhincd a expenses which Klett jury. WITNESS TELLS HUNTING PARTY PREPARATIONS (Continued from page >ne) street lights on neighboring streets, Dr, A. M. Fisher was called to testify regarding the physical con- dition of Mrs. Potter. Efforts to have Dr, Fisher testify met with ob- jection from the state. The defense then asked permis- jsion to have Mrs. Potter’s testimony taken at the hospital and read to the Sullivan Objects Sullivan objected to the court ruling on the motion at once and suggested that the other defense witnesses be cxamined and give Mrs. Potter time to recover so that she son. The defense insisted that Mrs. Potter’s testimony is most import- ant and must come first. Answerin question by the} court, Dr. Fisher said Mrs. Potter might be able to come to court carly next week. He also advised against taking her deposi‘ion at this time. Suggests Adjournment The court suggested that the de- fense put on what witnesses it can and that after that the case be ad-: journed until Monday. The suggestion was adopted. Kelly L. Belk, Northern Pacific agent at Sterling, testified that he went to the Potter home shortly after 9 p. m., October 27, andj stayed 15 or 20 minutes. Potter, | Webb and Bartley were there, he said. They were “quite intoxicated.” He said there were three glasses with spoons or, the table. He took a drink with Mr. Potter as he was leaving, he said. | Under cross - examination by the state, Belk said that there was al- cohol in the bottle. Policeman William Franklin who had been a witness for the state was recalled as witness by the defense. He was asked again regarding his visit to Webb at the hospital. The court sustained the state’s objection on technical grounds to Franklin telling of his conversation} with Webb until the defense proved Webb was dy:ng when the conver- sation was held. Move For Continuance The defense then attempted to vena by the witness that Webb new he was dying. Failing in this the defense moved for a continuance of the case until Mrs. Rotter could appear. The court held that no proper legal foundation had been jaid for the presentation of testi- mony regarding Webb’s statement to the policeman, the state contending it had not keen shown that Webb knew he was going to dic. Franklin. was excused and Dr. Hansen, the hospital interne, was called. He said he heard Webb say he knew he was dying. The physi- cian said Webb appeared to be inj full possession of his faculties for some time after he came to the hos- pital. : The state bitterly resisted the de- fendant’s attempt to place Webb's statements at the hospital in the record, the court sustaining the state’s objections. The legal duel continued, the state objecting to all of the deferse questions. ‘The de- fense finally dropped the effort to get Dr. Hansen’s conversation with Webb into the record and th: state took up the cross examination. Just before recess was taken for lunch today the state sunnounced that it is ready to rest its case but asked for time for a conference of attorneys before doing so. Attorneys for the defense indi- cated that they will re-examine some of the witnesses for the prosecution to bring out some points which were not touched upon when they were witnesses for the prosecution. The total number of new witnesses may not exceed half a dozen, it was indicated, but they are expected to take considerable time. There is a possibility, defénse attorneys said, that arguments will be presented to the jury tomorrow but it appeared more likely that these would not be made until Monday. The arguments are expected to take half a day. Mrs. Potter, who was ill in the hospital yesterday, is better today, attorneys said. Potter sat through today’s session without any display of emotion but his face showed visible pride when his oldest son, Henry, 16, was on the stand as a witness for the prosecu- tion. Mrs. Snyder Testifies Mrs. Donald Snyder, a member of the group which gathered at the Potter home on the night of the shooting, was the first witness. She told of preparations by Pot- ter, Webb and others to go hunting the next morning and of her trip down town with Webb and Mrs. Pot- ter. They left Mrs. Potter off on a down town corner and returned shortly to the Potter home, Under cros: ination she saw no one,take any dri: ing the eveninj M. J. Bentley, another visitor to the Potter home on the night of the shooting, said he had not met Potter before the night of the shooting, but had known him by sight for a year. He had known Webb for two years, he_said. ~ Bartley said he went to the Potter home with Webb and that Webb and Potter had planned to go hunting. There was a question, he said, whether they should leave that night or the next morning. While Webb went to get the Sny- ders, Bartley said, he read the news- paper while Potter was doing some- thing in the kitchen. He saw noth- ing unsua] about the house or the eat of the persons who gath- e1 re, His story as to the trips made by Webb di ne the evening was the same as told -y other witnesses, He said after Webb had taken the Sn: home and had taken Mrs. iter down town that Webb and Potter ate a lunch and that Webb then went with him to the Bartley home. was about 10 o'clock in the evening, he said. Webb left the Bartley home about 11 o’clock and about 11.25 called the Potier home and asked if arrangements for the hunting trip hai becn com. Potter Answered Phone Potter he said, answered “no” and srriniond oe everybody had to that effect.” He said he had seen 3 dur- time and|Pleted can come to the court house in per-| | no drinking at the Potter home while he was there between 8 and oe m. The defense cross-examined Bart- ley closely with regard to Potter’s visit to the kitchen and what had been talked about, asking if liquor had been discyssed. Bartley admitted having taken a drink cf alcohol with Webb at his room but denied that he saw anyone drink at Potter’s house. He denied having told Bruce Belk that Potter had gone with him and Webb to the Bartley home but ad- mitted knowing Belk. He said he had noticed nothing to indicate Pot- ter had been drinking when he first {met him that night. He said he did not eat supper until 11 o'clock but wasn’t nie. while at Potter's. His drink witl ‘ebb was taken on an em ich, he said. Mrs. Bartley testified that when she came home at 11 o'clock she found Webb there with her husband but that Webb left soon after. Bartley was recalled and asked by the defense if he had been driving a car two years ago when an acci- Page Sai in which a man was illed, Objection Is Upheld On objection by the state the question was stricken out as im- Proper cross-examination. Bartley was excused in. Mrs. Delia Krueger, Mrs. Potter’s sister, said she was at her home in the early part of the evening and again later in the evening. She said she met Mrs, Potter in her room and that Mrs. Potter remained until 10:30 p.m, Potter, she said, came to the room but didn’t come in, and Mrs. Potter left with him. She heard Potter in the hall, she said, and invited him in but he did not come in, Potter explained that he was looking for “Dooley” a nick- tame for Webb, to go hunting. About 11:15 o'clock Mrs, Potter came to her roont and remained five minutes. Mrs. Potter had returned to get some articles she had left there, = pty stom- Mrs. Krueger said. Under crcss-examination Mrs. Krueger said Potter staggered in the hall and talked indistinctly and in a drawling voice. Mrs, Potter put on her coat when Potter appeared, the ane said, and left with her hus- bard. with Mrs. Potter late at night he When Webb came to her place . Congress Fights: , Boulder Dam and Post Office Bill Promise. | SIDE GLANCES - - - - By George Clark | street to Avenue C. They then crossed to the west side of Eighth Street and proceeded south to the corner of Eighth street and Avenue B, which is west across the strevt from the Rigler residence, which is 802 Avenue B. Here, according to the Fort Lincoln soldier, he talked with Miss Clausnitzer for about five | minutes before he heard the shot, {when he said, “I guess somebody has ; been shot.” Immediately after the jTeport, he said, a man’s voice said, “You can’t pull that stuff on me and get away with it.” The same voice then said, “You get into the house or I'll shoot you too.” The latter statement, he said, was accompanied \by an oath. He said that he then |saw a man leaning against the fen- der of the automobile. Then the man, who the soldier thovght was the! wounded man, said “Mary, I’m shot, | get me a doctor, I’m dying.” He then said that a man and a woman went into the house. He thought the house was dark. Miss Clausnitzer started across the street to the Rig- ler house and he left for downtown without going to the scene of the shooting, he said. Domestic Corroborates Testimony Linda Clausnitzer testified that she had been a domestic at the Rig- ler home about three months before the shooting occurred. Her voice was weak, and attorneys and the court interrupted her often in an effort to get her to talk louder and more distinctly. Objections of the defense attorneys were numerous, the court sustaining and overruling them quickly. She told substantially the same story as Hankins, placing He between 11 p. m. and mid- night. Counsel for the defense cross-ex- amined both witnesses closely, mak- ing certain that the two were able to see the proceedings on the right side of the automobile from their sition. Miss Clausnitzer had testi- fied that “the man stumbled,” pre- cipitating a warm argument between the prosecuting and defense attor- neys. Defense counsel claimed that Miss Clausnitzer testified that Pot- ter stumbled, while the prosecutors said that the question was’ ambig- uous. Re-examined by both sides, she said that it was the wounded man who stumbled or fell at the side of ae car shortly after the shot was ire a All four attorneys, Connolly, Cam- eron, McCurdy, and Sullivan, regis- appeared very drowsy, the witness said, and remarked that if he ever got to bed he wouldn’t get up. L. Kleppe, who lives near Potter’s,, was called but the lefense objected that he had not been listed as a wit- ness. The objection was overruled. He said he was awakened and was ‘almost. asleep again when he heard aman say “I'm shot. I’m shot. Call a doctor.” Kleppe said he then called the police. William Franklin told how he was called to investigate a' shooting and went to the Potter home in response to a telephone call. Potter answered his knock but said he had not put in a police call. Asked if Franklin could use his phone, Potter gesturcd toward the instrument, Franklin said, and he went ta‘it. yj Franilin he'asked the’source of the first call and talked with Har- old Griffith, who lives in the same house with Kleppe asking about the call. He then went to the Griffith house and then to the hospital. Franklin Visited Hospi At the hospital, he said, he saw Webb, and a woman. wi he learned later was Mrs. Potter. He then went downtown, found Police Chief Chris Martineson, and they went to the Potter home. The house was dark but they walked in and found a girl in-one room and two boys in the other. They also found a shotgun. Mar- tineson, he said, turned the gun over to Finley Baker to take care of it. They did not see Potter at his house but saw Mrs. Potter shortly before they lc*t, Franklin said. Under cross-examination Franklin said he smelled liquor when he talked with Potter but didn’t know if the liquor smelled were on Pot- ter’s breath, Mrs. Cora Anderson, another neighbor of the Potters, also testi- fied to hearing a shot near the Pot- ter home on the night of the shoot- ing. She arose, loo! out the win- dow, saw a woman standing near a car and heard someone nearby cry out. The woman, Mi said, kept running , i the house and back again, making four or five trips. The woman, she said, was Mrs. Potter. She saw a dark object lying near the automo- bile but could not distinguish what. it was. s Under cross-examination Mrs, An- derson said she went to the window as soon as she heard the shot and heard someone chout for a doctor and assert that he was dying. Henry Potter, 16, son of the de- fendant, was called by the state and testified to driving his mother and Webb to the hospital. Later he re- turned home and then went back to |, | the hospital where he got his mother. They then made numerous trips back and forth from the Potter home to the Cameron home, Mrs. Potter and Mrs. Cameron went to the hospital and later returned to the Potter home and ther. back to Cameron's. The boy was not cross-examined. State’s Attorney F. E. McCurdy annouced that the state was about to rest its case but asked for a con- ference of attorneys before doing Eight Teetify Yesterday Eight of the state’s most impor- tant witnesses took the stand, as the prosecutors developed their case, yesterday afternoon, establishing some of the tel of pied night of the _shooti ir imony. Witnesses testifiying during the afternoon ..session were: E. Hankins, Fort Lincoln soldier, and’ Linda Clausnitzer, Rigler domestic, who Were a -block rey st the time resident of the same block across street from Potter's; Alfred Thal and Charles Rigler, who into the automobile after been wounded; Susie Boehm, Potter 1 domestis y Baker, who accom: ‘panied the police to the Potter resi- dence after the shooting; and Donald Snyder, Potter Saturday night vis walki north on the east lifted Webb | s; he had | |'room . and tered objections. McCurdy and Con- nolly did most of the examining but both sides held conferences often. er Was Int ited Potter seemed clot interested in the testimony, though he said nothing until spoken to by his at- torneys. He occasionally rubbed both his cheeks and eyes with his hands. Hears. Word ‘Shot’ ‘Miss, Hyland testified that she was lying awake when she heard the shot. She immediately left her bed and went to her bedroom window but could see nothing, she said. She then went to two other windows in the house but could see nothing. She stood in the door a short while, heard the word “shot” mentioned, recog- nized a.soldier om the street, and then returned indoors. She said the car in front of the Potter home ob- structed her view from the windows and the door of the house. She was also cross-examined by the defense attorneys, but was dis- missed ‘soon. Alfred Pdr testified that he, to- gether with Charles Rigler, left the Rigler residence and went to the Potter home. -As they arrived at the walk in front of the home, Mrs. Potter came from the direction of the house. A boy, presumed to be Henry Potter, son of the defendant, was leaning over the wounded man when they arrived, Thal said. He was scantily-clad and barefoot. Mrs. ‘Potter and Rigler attempted to lift the wounded man into the automo- bile. Thal then asked Mrs. Potter to allow him to take her place and Thal and Rigler lifted him into the back seat ‘of the car, placing him on the floor because the back seat had many articles on it. Mrs. Potter then went into the house for about two minutes, Thal’said, and returned. The car was described as a two-door five passenger machine. Thal, whe he learned that they were going to a hospital, suggested that they go to the Bismarck hospital. ~ Drive Car Away Henry, Mrs. Potter, and Webb then drove away, Thal said. Henry drove the car. Thal said this pened between 11 p. m. and midnight. Rigler told substantially the same story, saying that the time was between 11:30 p. m. and midnight, He said Webb was lying on the pavement between the car and the curb directly in front of the door to the Potter residence. They were both cross-examined by defenz2 attorney: rect E 0. Several friends then conferred with Potter and of- ficials of the court and spectators left the courtroom. During the in- termission, Robert Webb, cousin of the slain man, carried on a conversa- tion with John, Sullivan, essistant prosecutor, Susie Bahm, Potter domestic at.the time of the shooting, took the stand when court was d to order at 745 p. m. and examined and cross-examined for. more thar. an. hour. She testified that she had been the Potter do: ‘ic last winter and that she had just returned the Friday preceding the shooting. She. said that she was 23 years old and a ‘student at a-local business college. She said that Mrs. Potter had pre- pared the evening meal during the afternoon of: the shooting and that | | | She had retired to her room before Oliver Webb returned but she recog- nized his voice when he arrived. About 9:30 she said she heard Potter go to the tedephone, call a number, and ask if “Mary was there.” He then lauged. Connolly objected to an attempt to get he? to describe the laugh and. the court sustained the objection. Put Typewriter Away About 10:10 she came downstairs | from her room to put her typewriter away. She said she believed the} house was empty except for herself at that time. She returned to her room and retired about 10:40. — Some time later she heard Mrs. Potter ‘enter her bedroom and put something under her bed. Mrs. Potter then called Henry and he went downstairs. Miss Bahm saidj that Henry said “My, God,” three} times. when he arrived downstairs, Mrs. Potter then said, ‘Ra; ou know that I didn’t do that.” She; testified that Ray Potter then said, mee care if I do have to go to nil” The witness then looked under the bed, she said, and found a shotgun. The prosecutors then produced a gun and Miss Bahm testified that the gun was the one she found and left under her bed where Mrs. Pot- ter had placed it. After she had found the gun, Bahm said that Webb's automobile was started on the street. She said she recognized the car when it started because the doors were opened in the house. She testified she recognized the sound of the starter and motor. Connolly attempted to break down this testi- mony by getting her to describe the sound of the car starting. She could not describe the sound but said it was characteristic of Webb’s car. Telephone Rang Again After the car had gone, the tele- phone rang and Potter answered it, she said. Potter told someone that the “party has been called off and I want to go to bed.” She also testified that someone had knocked at the door shortly after the tele- phone call. and that Potter answered the door. She said that some strang- er then used the tedephone, which is located on a landing about half way upstairs. Connolly tried to break down her testimony while cross-examining her, attempting to confuse her in her testimony on the gun, the car. and the voices she said she had heard, -She said that she went back to bed | shortly before 1:30 a. m. but stayed ; awake the rest of the night. She heard the policemen enter the house. About 3 a. m. Mrs. Potter came to her room and told her to come with the Potter family over to the Scott Cameron residence. She then dressed and went to the Cameron home where she spent the night. She said that the Potter family, with the ex- ception of the youngest boy, spent the night at Cameron’s. Miss Bagm admitted that she told Mrs. Delia Krueger, sister-in-law of the defendant, that she had slept “all night and didn’t know of any- thing that had happened.” She said that she had made this statement to Mrs. Krueger the morn- ing after the shooting because she was afraid she would lose her_re~ cently‘ acquired position in the Pot- ter home if she didn’t plead ignor- ance at that time. Finlay Baker, who accompanied the policeman to the Potter residence after the shooting, was called to the stand and he said that he could def- initely establish the gun in the court- room as the one which was found at the Potter residence after the inves- tigation. McCurdy then exhibited the gun as Exhibit C and passed jt to the jurors for inspection. Defense attorneys did not object. Baker said the gun was an 1897 model 12 gauge shotgun with a hammer. Snyder Tells Story Donald Snyder was then called to the stand. He said that Oliver Webb and Susie Bahm had called for them shortly after 8 o’clock. He and Mrs. Snyder accompanied them to the Potter residence. He agrecd with Miss Bahm that Webb had taken the two women down town, returning a few minutes later with Mrs, Snyder. Webb then took Snyder and his wife to their apartment. While at the Potter home, Snyder said, Potter had taken his gun out and declared that it was dirty and in poor working condition. Snyder then told Potter that he could use his gun if he cared to. Potter said that he: would like to use it. After arriving home with Mrs. Snyder and Webb, Snyder said that he and Webb put their two guns, hunting boots, robes and other hunt- ing equipment in the Webb automo- bile. Webb said that he was tired and didn’t think he would go on the hunting trip. Snyder told him that he had better call Potter or go and see him to tell him of his plans. Snyder said that the three of them had been hunting together several times, but that he was not planning to go on this particular trip because he had injured his arm. Webb left the Snyder apartment at 9:15 p. m. by the Snyder clock, the witness testified. He did not see Webb alive again. Judge Coffey declared the court in recess until 10 a. m. today after Snyder had testifi veral incidents brought titters to the court and spectators yester- day afternoon and brought periods of relief to persons crowded in the court room, State's Attorney McCurdy at one time brcught the shotgun alleged to! have been used by Potter in the shooting of Webb to a witness. As the witness waved the gun about the court room, several court officials the two younger Potter sate with their mother. Bers | ee 8 p.m, ‘@ minute or so later by Ray Potter. In a few minutés, she said, she and Webb went to the Sn; ’s automobile. inyder secrmpenied. thas La back to after 9 der and/| innocently toward the ceiling. ‘Not ‘. to be outdone, Sullivan calmly arose ise one ape &o fo show and yder was to secure some A few minutes returned later/ and to and spectators, at whom the barrel was ded: squirmed in their seats! or sought protection from the un- loaded gun and coused enough com- motion to brin;; ‘cughter te | ¢! court. Connolly then took advantage of: lcCurdy’s seeming stake and stood the gun to the side of the wit- ness pot with the barrel pointing is chair and quietly walked over to Connolly. Begging Connol- ly’s pardon, Sullivan took the gun pulled the bolt back, as Connol- him in amazement. Sulli- ly watched left | van then quietly and soberly walked he with Mr, and Mrs, Snyder, the-wit- ness said. i|two bedrooms and a bathroom up- ¥ tl ‘stairs in the Potter home. The three | worked three times like this, didn’t] str: maple ts te sae ih was in the other bedroom. back to his chair while the specta- tors shrieked with Ft owing this nolly said to the witness, “You heard the bolt 2” And he attempted to work ihe bot “in the Aruaniee tin: described. it lo and behold, he couldn't work e the bolt, and had to change his ques- tion. p Though L. E. Hankins said h~ had no particular reason for not walking across the street to the Rigler home when he was oi’ iretar? Linda Clausnitzer home, Miss Clausnitzer had a very amusing if not plausible reason for his action. She found it difficult to give the reason because she was giggling so heartily at the thought of it, but she finally sput- tered out between breaths that it as “because he had his soldier’s uinform on,” i On another occasion, Connolly was cross-examining Susie Bahm con- cerning the finding of the gun un- der her bed. He said, “Were you excited when you found the gun? The question was apvarently un- complimentary in the opinion of Miss Bahm, She leaned forward in her chair and said, “You can ima- gine that I was, ca: ’t “Yes, I guess I cai, mitted. THREE PERSONS MISSING SINCE BLAST IN YACHT Two Saved from Shark-In- fested Florida Waters Af- ter Explosion 4 f Melbourne, Fla., Dec. 7.—(AP)— Search for three additional persons on board a yacht at the time of ar. explosion Wednesday night, was continued today in the shark-infest- ed waters near Melbourne. _ Two others, Edward Satinover, and Leslie Royal, both of Jackson- ville, were taken from the water yesterday. The former, unable to swim, saved kimself by clinging all night to a keg. He was rescued by a fishing smack. Royal, an expert swimmer, struck out for the shore, several miles away, and was lifted from the water by a boat crew last night as he was nearing the point of exhaustion. He was in the hos- pital today suffering from the ef- fects of exposure, P William Sutton, Johnny Koch and William Reynolds have not beer found, Satinover and the missing trio were indicted by a federal grand jury Monday in Jacksonville on a charge of violating the National prohibition law. The explosion is believed to have resulted from Peperee of the mo- tor, which ignited gas fumes in the ship’s gas tank. Distress flares were sent up after the explosion and four coast guard cutters raced to the scene. Royal said one of the cutters passed with- in 150 feet, but the lookouts appar- ently did not see him. HOOVER MEETS “BOLIVIA HEADS Will Confer With Officials of Landlocked Republic at Antofagasta ees Pee ‘ BI t U.S. S. Maryland, en Route t Antofagasta, Dec, 7.—(P)—Presi dent-elect Hoover, en route to Chile on his good will tour, will confer on Saturday with Alberto Palacios, Bo- livian foreign minister, aboard the Maryland which will anchor for that purpose off Antofagasta, Chile, about ten o’clock in the morning. The Bolivian foreign minister, other members of the cabinet and Davis Kaufman, United States min- ister at Paz, will board the Maryland, Mr. Hoover will not go ashore. The Bolivian party, which is expected to number about 50, will come out to the Maryland in launches and will have lunch as guests of the presi- dent-elect aboard the ship, the meet- ing will last about four hours and the Maryland will then continue on to Valparaiso. Eight Banana Region Strikers Are Killed Bogota, Colombia, Dec. 7.—()—« The newspaper Espectador said to- day that eight strikers had been - killed and several wounded in a clash with soldiers attempting to restore order in the Santa Marta banana region. A state of siege has been decreed in the region and General Carlos Cortes Vargas has been ap- pointed civil and military com- mander. ens ’ See CURVED BANDS 'The blouse of a tan afternoon en- semble is of egg-shell satin, with curved bands, of the crepe side of the material posed to give a cutaway effect and to fashion wide open sleeves, A Mary Clips It Everybody talked when Mary cut ofp her curls a few months ago. © Now Mar seems to have voted the ‘aight ticket for bobbed hair, for -She has had her tresses clipped even closer, as ne new phetograpa dothteren OWS. i ry