Casper Daily Tribune Newspaper, January 31, 1921, Page 1

Weather Forecast tion tonight. Generally fair tonight and Tuesday, colder in east por- Casper Daily Cribume ii VOLUME 30 Eight Pages Today. CASPER, WYO., M IONDAY, JAN. 31, 1921 Full Associated Press Leased Ww al Reports Steet the United Eres: BERGER CONVICTION REVERSED BY HIGH COURT NUMBER 95 Kidnap ed Woman F ound Prisoner of Cousins. on California. ‘Sheep Ranch PRESIDENT REFUSES TO COMMUTE SENTENCE OF DEBS Landis Should Not Have Heard Suit, After Eligibility| Challenge WASHINGTON, Jan. 31.— Conviction of Victor L. Berger and four others, members of the’ | Socialist party, for violation of, jthe espionage act, was reversed, today by the Supreme court on not have heard the suit after his eligi- z . + |the ground that Judge Landis should So Say Railway Chiefs in Statement to Labor Board; Wage Cuts, Held Necessary CHICAGO, Jan. 31.—Bank- ruptcy threatens the railroads) of the United States unless’ they are assured immediate means for a reduction in oper- ating expenses, the railroad \iaber boar was told today by the As-| ion of Railway Executives. Gen. ‘W. W. Atterbury, chairman of the labor committee of the roads’ organt- zation, made the prediction. The railroad executives assured the) federal officials that if there was im-| mediate abrogation of the war-time national agreements involving work- ing rules and conditions, they would not seek a reduction of basic wages for at least three months after the| order becomes effective, saying the in- terval would be used to test out the efficacy of economies which might be instituted free from the‘limitations of bility had been attacked. Berger and the other four men were convicted under the Section pro- hibiting attempts to cause insub- ordination and disloyalty in the naval and military forces and sentences ranging from ten to twenty years im- Prisonment were imposed. The appeal was brought to the su- |Preme court on the ground thrt Judge Kenesaw Mountain Landis, who pre- sided at the trial, had shown ‘personal bias and prejudice’ ‘against the de- fendants because of their nationality. Those convicted with Berger in the federal court at Chicago were: Adolph Germer, national secretary of the par- ty; William F. Kruse, editor of the Young Socialists’ Magazine; J. Louis Engdahl and Irwin St. John Tucker. The court divided eight to one, Jus: tice Day filing a dissenting opinion. Mr, Reynolds added to the dissent- ing opinion a strong approbation of Judge Landis’ sentiments as merely showing his detestation of the ‘Hun- nish warfare which was being backed ,;by compatriots in America under our too indulgent laws.’ "’ The majority opinion held that the affidavit of prejudice filed by, Bergar against Judge Landis was sufficient to have caused his withdrawal from the present agreements. Ultimately, however, it was stated, there would be need for a reduction, in basic wages if the cost of operating! the roads is to be cut to a point where rates may be reduced. As a measure of immediate relief, the roads asked the board to abrogate at once the agreement fixing the basic rates of unskilled labor at 39 to 48% cents an hour. They argued that this ‘was a higher rate than was being paid’ other industries and that it oper- ated to the disadvantage of other em- Ployers, particularly farmers. The roads proposed that rules and working conditions in effect Decem- ber 31, 1917, be re-established. “Many railroads ‘are not now earn- ing, and with present operating costs and traffic have no prospect of earn- ing, even their bare operating: ex- penses," said General Atterbury. “This leaves them without any net return| and unable to meet their fixed! charges.” He said that as railway wages were be met either by an advance in freight and passenger rates or a reduction in! operating expenses, adding: “With declining prices and wages in industry and agriculture the country demands that the solvency of the rail- roads must be assured by a reduction in operating expenses and not by * further advance in rates.” He said that as railway wag. were the last to go up so they should be the last to come down. War-time agreements were wasteful expedients born of an emergency, ac- cording to General Atterbury, and he \,, Quoted President Wilson 1nd the pro- ‘gouncements of the board itself in an endeavor to show that - agreements then instituted weve not intended to live beyond the war. |versal case and that Judge Landis himself was not justified in passing upon the affidavit. Justice Day, who filed a dissenting opinion, held, however, that the mere filing of an affidavit should not be ac- cepted as sufficient evidence of the un- fairness of the judge. The Berger af- fidavit should not be taken at face value,” he said, because the “facts” therein had been made solely on “in- formation and belief” and no attempt was made to substantiate them. The effect of the court’s decision is to remand the cases to the appel- late division which will issue orders for a reversal and a new trial be- fore some other federal judge. NOTHING TO RETRACT, BERGER DECLARES. MILWAUKEE, Wis., Jan. 31.— “The conspiracy has failed, and I \have nothing to retract from anything I have written or said about the war or about those who pushed us into this war,” declared Victor L. Berger today when apprised by the Asso- ciated Press of the decision of the United States supreme court in its re- of the decision in the case against Berger, who was tried before Judge Landis of Chicago on charges of violating the war-time espionage act Sleeping Sickness Grows in London) (By Associated Press) DON, Jan. 31.—Fifty-five cases of sleeping sickness have been report- ed during the past four weeks ir this city. This is a large increase, only 23 being reported in the previous period of four weeks. GROPER POLIGE TERROR CAUGHT IN GLENROCK BY SHERIFE MARTIN Jim Garvey Apprehended by Local Officers With Cocked Gun in Pocket; Other Criminal Notes Jim Garvey, who has terrified the policemen here for the last three months, has been taken in custody. He was brought back here yesterday from Glenrock by Sheriff, Lee Martin and two depu- ties. Garvey is wanted on charges of burglary, resisting arrest and fight- ing with traffic policemen. When arrested Garvey had a 45 automatic loaded and cocked in his pocket. He was crouched behind a house and when Sheriff Martin ap- peared he attempted to draw the gun. Sheriff Martin beat him to the draw and he was brought back here for trial, Authorities have been attempting to place Garvey under the arrest.\for three-wrionths but until yesterday has succeeded in eluding them. Three charges will probably he placed against him, two by the coun- ty ond one by the city. RUNS AMUCK WITH GUN ‘Walter Palmer, who is said to have taken three shots at a man the oth- er night has been confined in a io- cal hospital here. Palmer is said to be temporarliy insane as a result of do- mestic trouble. The shooting took place in North Burlington. WIFE DESERTER HELD Gilbert Sandwig, was arrested and confined ‘in the city jail on a charge of wife desertion. Sandwig is alleged to have “bummed” his way here from St. Louis and threatened to kill his wife and child. STOLEN AUTO RECOVERED See Ben's Buick car stolen from in front of the Presbyterian church here two weeks ago has been recov- ered by the Sheriff's office in Max- well New Mexico. The thieves escap- ed but their arrest is expected at any time. GAMBLER IS REARRESTED A. Montana, arrested Saturday on a charge ef running a gambling house was arrested this morning for contempt of court. Montana was fin- ed $100 on the charge and two of his associates received a smaller fine. Montana gave checks for the amount and later ordered the bank to stop payment. Such procedure is consider- ed a serious offense and Montana will be given a jolt if Chief Lynch can mnage to do so. A A century ago 300 species of or- {chids were known, and those very imperfectly. Now the latest author- lity gives the number of known spe- ctes at- 10,000, LINDSEY APPEAL DENIED JUDGE ‘WILL GO TO JAIL (By Associated Press) WASHINGTON, Jan. 31—The the Denver, Colo., from a sentence on charges of con- tempt of court, were to- day by the supreme court. Judge Lindsey was fined $500 for contempt of criminal court. He an- nounced that he would not pay tho fine, preferring to go to jail rather pay. a f * DENVER, Colo., Jan. 31.—Judge Ben B. Lindsey of Denvee’s juvenile court, when informed today that the supreme court had dismissed his appeal a jail sentence on charges of contempt of court, said: “Vd rather go to jail than be- tray the confidence of s child.” The judge said this would be his attitude if the district attorney of this county moved for an execution of tho sentence imposed upon Judge Budge Lindsey previously had ap- nounced he would go to jail be fore he would pay a fine of $500 for contempt of the criminal court here. The Colorado supreme court had denied the judge's petition for a re- hearing. The fine was assessed when Judge Lindsey in* May, 1915, declined to GOVERNOR OF MAINE DIES (By Associated Press) AUGUSTA, Me., Jan. 31.—Frederic H. Parkhurst, governor of Maine, died today. He failed to recover from the effects of a diptheriatic infection under the tongue with which he was attacked three weeks ago. Appar- ently he was improving until late last night when he took chills and became unconscious. Death followed at 9:15 today. tell what Neal Wregnt, 14-year-old ward of the juvenile court had told the judge about the shooting of Neal's father. Neal's mother was on trial charged with murder. Neal was the only eye-witness. Mrs. Wright was acquitted. Judge Lindsey refused to testify at the trial, insisting that whatever information he possessed regarding the killing had been given him by. the boy in confidence and he would not violate the boy's confidence. Soon after the trial, John A. Perry, then judge of the criminal court found Judge Lindsey guilty of con- tempt and assessed the $500 fine. ses rice tenbbcot a 2 Cricket Shark Dies. (By Associated Press) LONDON, Jan. 31.—William Gunn, the famous cricket professional, died at Nottingham yesterday. Juicy reindeer steaks fresh from Alaska, are selling in San’ Francisco for 35 cents a pound. Chance Telephone Call Solves Mystery of | Mrs. Witherell’s Revenge Back BULLETIN, LOS ANGELES, Cal., Jan. 31— Arthur Watson (Jack) Carr and Floyd L. Carr, cousins, alleged kid- napers of Mrs. Gladys Witherell, will be on the way to a penitentiary tonight if plans made public by the police department Iate today are LOS ANGELES, Jan. 31.—Mrs. Gladys Wetherell, who disap- peared from her home here last Tuesday, was found early this morning, a prisoner in a small ho east of Corona, in Riverside County, about 70 miles southeast of Los Angeles, according to a telephone message to the Associated Press. Mrs, Witherell was unharmed. Two men, who gave their names as| A. J. and Floyd Carr, cousins, were} arrested. The discovery of Mrs, Witherel} and the arrest of the two Carr men were! effected by Los Angeles police and) deputy sheriffs, who started for Los! Angeles with the woman and the tw arrested men. . ‘The officers said the Carrs confessed they had ill-feeling toward the wom-| an’s father-in-law, A. J. Witherell, be-| cause of a transaction involving a boat and that they kidnaped Mrs. Witherell both to obtain revenge and ransom money, of which, it was said, they had demanded $20,000. A telephone operator's quick-witted. ness led to Witherell and delayed making the call until the police had been gent to the| pay station, where they arrested A. J. Carr. just-ag he, was concluding @ de- | layed conversation which he had prom- ised relatives in.a letter sent them Saturday. ; The police said they found chloro- formform and other articles in his au- tomobile, they believed had been used in decoying the woman from home. At the police station Carr, it was said, confessed that he had spent Sat- urday night outside of Los Angeles, afraid to confer with the Witherells as he had agreed by letter. Floyd Carr, according to the confession of his cousin, was the leader in the kid- naping. The police said A. J, Carr told them that Floyd Carr went to the Witherell home last Tuesday night and told Mrs. Witherell @ friend had been injured in an automobile accident and was calling for her. Floyd Carr, according to the police, escorted her to an automobile where A. J. Carr was waiting. When she becan suspicious the two men chloro- formed her. They took her to a small house on a sheep ranch and put her in a room with only a cot and two bla..kets. Mrs. Witherell told the men who rescued her that her captors bought her candy and ‘treated her “with every respect.” The police and Mrs. W'therell's hus- band and father started for the kid- napers’ house at 2 o'clock today, pre- pared for any emergency. ‘The officers surrounded the house and after clos- ing in on it, smashed the door and windows, A man, sald to be Floyd Carr, was caught off his guard and handcuffed. Mrs. Witherell and her husband rushed into each other's arms. She sobbed and called him “Lambie, Lam- bie," over and over again. The scene between Mrs, Witherell and her fath- er, John C. Kratz, was as affecting. Mrs. Witheréll was rescued shortly after 5 o'clock, and soon after the en- tire party started for Los: Angeles. The Carrs were said by the police to have implicated others in the alleged kidnaping. The number varied from five to seven. ‘They also were said to have directed the relatives of the woman to deposit the ransom money of $20,000 on a lonely mountain road at a designated spot, promising to release Mrs. With- erell on the roadside so she could be found after payment of the money. A. J, Carr told the police he and his cousin kidnaped Alice Clark in Spokane, Wash., several years ago, and a woman whose name was not made public, in Denver, Colo, In both cases, he gaid, they “were forced to drop the girls before they went through with the job,” and so received no ransom. “I want my baby, I want my baby,” Mrs. Witherell cried over and over again on the two-hour drive from the cabin where she was found. Wheh! she again had her arms clasped about} her eighteen months’ old son, Jack,, she regained her composure. Police Captain Alfred T. Slayton of Los Angeles led the officers who res- cued Mrs. Witherell. He was the first to break into the house. “Don't hurt me," she cried, haven't done anything. I am Mrs. Witherell and I want my baby. Please take me away from here if you| are a friend. Slayton said he heard a noise be- hind him. He turned and searched the| | Slayton could shoot, his flashlight was Disappearance; of Kidnaping carried out. These plans were to have the men agree to a speedy preliminary hearing before a justice of the peace and trial in ths supe- rior court; plead guilty; accept sen- tence and start under guard for the penitentiary tonight. use on a sheep ranch eight miles room with his flashlight. A man with a revolver in his hand was emerging from a closet. “Throw up your hands,” Slayton called, covering the mar with his own revolver, The answer was a rush. Before knocked from his hand. A struggle ‘otiowed. Othet officers dashed into he room and ine man was overpow- ered. He gave his name as Floyd Carr. Extra guards were placed about the| city jail where the Carrs were held. peel Away MORE PEETE WITNESSES. (By Associated Press) | LOS ANGELES, Cal., Jan. 31.—At least twenty more witnesses will be alled by the prosecution in the trial murder of Jacob Charlea Denton, ac- cording to a statement by Thomas Lee |Woolwine, district attorney, befére the resumptioa.of the ‘trial today. He. {Bald he hoped to complete presenta- tion of the state’s case by tomorrow night. MAN {3 KILLED, BOY nURT WHEN TRAIN HITS CAR NEAR GLENROCK Otto C. Engelking Meets Tragic Death; Auto in Center of Track When Struck by Passenger Otto C. Engleking of Glen- rock was instantly killed Sat- urday afternoon and Bert) McDowell, a 14-year-old boy, was seriously injured when a Ford machine in which they! |were riding was hit by a Northwest- ern train on a crossing just out of Glenrock. Engleking who was driving the car |is reported to have leaned forward |candidate when he approached the crossing in an attempt to see if the track clear. The track at the place where the accident occurred is just around a jcurve and the view of the right-of- the discovery of Mrs./of Mrs, Louise L. Peete for the alleged | way is also partially hidden by a number of tanks. Suposedly leking. was unable to see the train and | started to cross when the train caine |in sight In an attempt to clear the car he" had.evidently thrown the ¢én- (Continued on Page 8) PRIMAR Y BILL IS SENT BACK TOCOMMITTEE Combination Recommendations to In- clude Old Convention System Asked; Boxing Bill Is Passed (Special to The Tribune.) CHEYNNE, Wyo., Jan. 31.—Senate File No. 27, the Oviatt primary election repeal measure, this morning was recommitted to the standing committee on elections on motion of its author. There was no discussion of the recommitment motion, which wwas predicated on a desire that the standing committee recommend amendments to the bill amounting to a redrafting and seeking to achieve an acceptable combina- tion of the promary election and old convention systems of nominating candidates for public office. ‘The house without discussion pass- ed the emasculated boxing bill, 7 to 1¢ and the measure now goes to the senate. The senate passed house bill No. 4) constituting incurable insanity a ground for divorce and the bill now} goes to the governor. The house ju- diciary committee brought in house bil No. 42 defining and forbidding hypnotism. Tue house committee of the whole recoamended that house bill No. *), providing for collection of a fee .f $300 from temporary and transient merchants, do not pass. Opposition was based on the contention that pas- sase of the bill would have a tend- ency to restrict competition and maia- tain high prices. House bill 4, the Beach bill exempt- ing soldiers of the world war from payment of taxes on $2,000 worth «f property, caused a prolonged discus sion in the committee of the whole senate, with the preponderence of sentiment manifestly favoring the bill, which still was under consideration when the noon recess was taken. Pres- ident aley added spice to the debate by charging that Lobbying the bill had been chiefly by inmates of the capitol building who “Are drawing bread and butter from tho state,” and that such lobbying appes ed to proceed chiefly from petty 4 ousies between members of the Chey- enne American Legion post. He suid the senate should discourge such lobbyand resent influence from such a source. Virtually the only opposition to the bill expressed “during the do- bte was by Senator Johnson of Na- }day in the trial of Mrs. |Peete charged with against |** jcash, with a mortgag trona county, who read telegrams and virtually | letters from the Casper Legion post opposing the measure. The senate committee on county af. fairs returned the Pilot county bill, without recommendation, The house committee ot the whole recommended for-pssage senate file 1, providing for return to tle ortcinl fund of about $300,000 coniinuted to che workmen's compensation fund by the state. Eng. | Palavers'} Plea for} Clemency Turned Down by Wilson in Ruling Today WASHINGTON, Jan. 31.— \President Wilson refused today to commute the ten-year sen- tence imposed upon Eugene V.| Debs for violation of the espion- age act. The president disapproved a recom- mendation of the department of jus- tice that Debs’ sentence be commuted to expire on next February 12. (By Associated Press) WASHINGTON, Jan. 31.—Commu- tation of the sentence of Eugene V. |Debs, effective next February 12, has |been recommended to President Wil- json by the department of justice, it| |was learned today at the White House. | Mr. Palmer’s recommendation was placed before the president this morn- ing and it was reported at first that |the executive had acted upon it fav. orably, This later was found to be| erroneous, however, and White House officials said they had no intimation as to when action would be taken or lwhat the ident would do. Debs, m times Socialist party president, entered the | penitentiary at Atlanta, Ga., on June}! 15, 1919, to serve a ten-year sentence imposed folowing conviction by a fed- eral jury at Cleveland, Ohio, Septem: jber 12, 1919, for violation of the espionage act. e for \Mexicans Plan Army of 80,000 (By Assoctatea Press) MEXICO CITY, Jan, 31.—Organiza tion of the Mexican army totalling 80,000 men would be provided under plans drafted by Enrique Estrada, minister of war, and member of the general staff of the army. Compul- |sory military service would be au- thorized. Youths betwen the ages of 18 and 20 would) be enrolled. The propo will be submitted to Presi- dent Obregon to be laid before con-| Bress if he approves it. BERGDOLL CASE TO BE PROBED BY U.S. OFFICER (By Associated Press) WASHINGTON, Jan. 31.—The war| department tod: finally conceded | that it had official information that Grover Cleveland Bergdoll, wealthy |Philadelphia draft evader, was in Ger- many. Secre y Baker announced that he| had ved a cablegram today from| Maj. Gen. H. T. Allen, commanding the American forces on the Rhine. saying he had ordered a thorough in-| jvestigation of the circumstances sur- |rounding the attempt to abduct Berg- oll at Eberbach last week in which two American army intelligence off cials were alleged to have been im- plicated. The war department has not ad- mitted that Charles Neaf of Baltimore jand Frank Zimmer of Denver, arrest- led and imprisoned by the German au- thorities after the attempt to kid- nap Bergdoll, are connected with the UL, MEASURES HOLD CENTER OF ATTENTION THis WEEK IN STATE | Legislators to »Choose Between Two Meas- ures in Senate and Three in House By DANIEL BELL (Tribune Staff Correspondent) CHEYENNE, Jan. 31.— Wyoming’s super - industry, oil, will hold, without doubt, the attention of the legisla- tors this week. Two bills for the division of government royalties from oil production—the Lee bill in the senate, and the “Platt- Brewer bill in the house—nave reach- ed the final stages of conflict. Then in the house are three bills seeking the regulation of the industry. The First was introduced by Major Alfred H, Beach of Newcastle, the second by P. W. Jenkins of Cora, and the third by Harry Free of Casper. The regulation measures will be conaidered by -the House committec on mines amd mining, while the dis- pute between the house and senate ca the division of oil revenues will be settled by a committee representing both house and senate. In the fight between the house and senate on the division of oll royal- ties the main point of difference, in- asmuch as both measures divide the fund between schools and highways is the four percent granted by the Lee bill to the counties from whiea the oil revenues are derived. On this point many of the legislators are at odds despite the pleas of Congress- man Mondell and others that the oil producing counties are entitled to ad- ditional consideration because of added expenditures due to the production of |the oll resulting in the oil royalties. OPPOSE DRASTIC RULES In the matter of regulation there is also considlerable difference of op- Inion, It is evident that the major. ity of legislators, in both house and senat are diverse to any loegisla- tion that may handicap the oil in dustry in thi state, and as a result en- danger the possibilities of even gre er oil revenues by reason of handic: | placed in the way of progress and ex- pansion, Both the Beach bill and the Jenkins measure impose additional taxes on the ofl producer, large and small. The Beach bill is a replica of the California law, while the Jenkins bill puts the rules governing the production of oil into the hands of the state geologists Boosters for greater ofl production, however, obejct to the fee on drilling, saying in support of their opinion that the fee would prevent many of the smaller fry in ofl production from extensive activities. An argument us ed against the assessment for ope! tion, based on each well, fs that such assessment. would cause the operators to confine their operations to fewer army. (Continued on Page Bight.) EFFORTS OF MRS. PEETE TO SELL HOME IS TOLD (By Associated Press) LOS ANGLELES, Calf., Jan. 31.— Mrs. Amne Stimson, wealthy society woman of Los Angeles, testified to- Louise L. the musder of Jacob Denton, she tried to purchase the Denton residence through Mrs. Peete's agen'cy. Mrs. Stimson testified she answor- ed an advertisement by going to the Denton, home August 9. “I met Mrs. Peete, who told me she was the agent,” Mrs. Stimson said. entered into negotiations. I wanted to lease it for a year. Sho said she could not lease it ror that perior as her niece was coming here Jan- uary’ first. 3 “She also tolh me the house was for sale. That interested me even more.” Mrs. Peete said the price was $26,- 000, of which she wanted $15,000 in fcr the remain- ing $10,000. “I told her I wanted to buy it. She said she coul not make detailed ar- rangements, but would know more about them after her return from Denver, where she said she expec to go in about a w Mrs, Stimson said she went. over the house and while in the cellar stood iin the “pile of earth" which the prose- cution contends was taken there to cover Denton's body, later found in a crypt. “Mrs. Peete told me bulbs stored there,” Denton had Mrs. Stimson PEDDLER OF DOPE KILLED SAN FRANCISCO, Cal., Jan. 31. —No change was noted today in the condition of Carl Hills, who was shot and seriously wounded in a pistol duel in which M. F. Brooks, alleged drug peddler, was killed in the Hotel St. Francis yesterday, hospital physicians an- Hills refused to make a statement. continued. She said she expected to Plant them im the spring. The witness id also that Mrs. Peete told her Denton had “great trouble’ had “lost his wife’ had quarreled with “a, Spanish woman," and had ben shot in the arm by the latter. Frank J. Langdon, hotel clerk, tes- tified he had seen Denton June 1 last but not since. He said Denton told him he would leave the next day for Phoe- nix, Ariz., and directed all mail be sent to his residence here. E. B. Hillyer, official of an auto- mobile company, followed Langdon on the stand. When Manitoba legislature meets February 7, for the first time in the history of that body a woman will hold a seat, Mrs. R. A. Rogers of Winnipeg having this distinction. _ > Miss Norma Foster Miss Margery K. Eggleston the first women to be appointed to the staff of the Rockefeller foundation, the Stoughton and