Casper Daily Tribune Newspaper, December 9, 1924, Page 1

circulation oF The Tribune ts: hight and in east portion Wednes- Caaieoy SS, CASPER WYOMIR G. TUESDAY, pEcEMr as N?COY’S PLEA DEFENSE TAKES ANOTHER TURN IN COAST TRIAL Former Pugilist Says He Will Show Woman. LOS ANGELES, Calif., Dec. 9.—If insanity is the de- fense on which attorneys hope to acquit Kid McCoy, former pugilist of the charge *f murdering. Mrs. Theresa 3dfors h¢gre last August, it was not PI as the second day of Mc- Coy Publicity and Gift 88-STORY SMITH, NELSON AND WADE 60 ON DUTCH HARBOR MADE BY FLIERS By LOWEEL THOMAS, (Copyright, By the Chicago Tribune Newspapers Syndicate and the Mc- Clure Newspapers Syndicate) After the forced landing of the Seattle at Portage Bay and while Martin and Harvey were overhauling their plane thine mith ee eae Hee oe piabace of the were living in the cannery, bunkhouse a‘ ig- nik. They:spent their time between the emergency radio | PUNY Provisions oF tne aie, tee station, their planes, and sitting around the sheet iron | gitt .tax,, which 1s coming in "evs comea orc PLEAS FOR MERCY IGNORED BY BRITISH IN HANGING SLAYER OF VIOLENCE PASSING BUILDING FOR N.Y. NEW YORK, Dec. —New York is to have an eighty-eight Btory office building, ~ outranking in height the Woolworth building, which has 51 stories, according to information obtainable in real es- tate circles. A test to determine whether the Woolworth tower sways in winds of high velocity is sald-to have been. planned in contemplation of the‘ new sky- scraper’s construction, ‘The new structure will océipy an entire block in downtown Broad- Way it is said. ERROR CHARGED IN APPEAL OF RALPH 3. TOBIN pat | Penally ‘Fought: by: Man __ Convicted Twice ‘of (Copyright 1924, in congress for amendment law. Much has. been said about the yarns. Chignik is in the heart of the re- gion where the largest bears in the world are) found—the giant Kodliak brown bear that weighs nearly a ton and is stronger than any wild animal with the exception of the African elephant. The town of Chignik consists: of nothing but two canneries and a few dozen native huts. It is situated on the shore of a horseshoe shaped bay, at the foot,of mountains that look like sheer walls of rock ris- Ing from 4,000 to 5,000 feet , right parent "s trial began in superior court. Opening clashes of counsel yester- day indicated that the defense would r ttempt to prove that Albert A. ors, antique dealer and former husband of the slain ‘woman, rather than Kid McCoy, shouldbe tried. for the murder, Defense Attorney that. Mra: HULL, England, Dec. Hat The Associated Press) — Wiliam G. Smith, the.young painter, whose con- demnation to death for ‘the murder of a young woman last August aroused-Intensive appeals for clem- ® oreibok this from the home secretary but a de- putation headed by. Commander Ken- worthy, M. P., and including six other commoners, Was forced to re- port failure. ‘The populace was greatly stirred over the care and filled the churches for hours while special prayers were said for the condemned man. A meeting of 10,000 persons yesterday threatened ‘a general strike if their reprieve petitiqgn was-~not granted, and. Commander . Kenworthy. an- would: produce prmof. nounced that he feared violence had in 1921, willed allhér property, ‘ Y : : including $31,000 life insurance to ; ang ¢ i ‘ing. i cen Of higli foc'ing were al- lier-husband and that in connection} © Formal pabers..were. prepared 5 “royal: if Rioet Seirely mene ge at the end. A with the divorce. action’ which|day and forwarded to the state su- crow Meas 00 per sons assembled severed their marriage neues a few | preme court-at Cheyenne appealing Seay incline Boy ‘i actonsiae: the recent conviction: of Ralph -8. tone 9% = Tobin on a gambling. charge,. the. sentence for which was a fine of $500 and\four months-in the county. jail. The appeal to the: stpreme court was taken by. E. Enterline.’ counsel for Tobin, only after his motions for arrest of: judgment and a new trial were denied last week by Judge C. O. Brown in district court here. The appeal to the highest tribunal in the state is taken {on three grounds. Tho first contends-that the dis- trict court erred in refusing to sup- press the evidence, which consisted of a “21" table, money and poker chips. Mr. Enterline avers that the complaint on which the search war- rant was issued was not. sworn to and therefore invalid. The second and main contention raised bears directly on the decision handed down by the’ supreme court on the first Tobin trial, which oc- curred.a year.and a half ago. _ That body, in its decision granting Tobin a retrial, asserted that Tebin ‘had been ‘erroneously convicted of per- mitting gambling to be conducted while the evidence had tended to show only that he had been carry- ing on the game. This is a fine dis- Unction but the two violations, are clearly differentiated by. the. state laws. In the second trial Tobin was convicted of permitting gambling to be conducted, “As the evidence was substantially the same as in the first trial, Mr. Enterlinle contends that the supreme court will agafm find the conviction in error. The third, and minor contention, is that the verdict returned by,'the jury was not sufficiently specific to warrant a judgment and sentence. - As is ordinarily .the case. in supreme court appeals, the decision is not expected to be returned within’ a year. t can. ra hundred, natives, | such. things to ‘his ministers. Every effort wag made to obtain « reprieve (Continued on Page Hight.) and violently. ~ McCoy himself, > Bt frankly at the close of a session principally to the examina-~ prospective jurore that he intended to <dhere to his origtnal explanation of the killing—that Mrs. ors had shot herself in his pres- ence, despite his efforts to prevent the suicide. “That woman committed suicide,” he said, “and when I take the wit- ness, stand, I will tell a story that will convince any kind of a jury that sho killed herself.” oo [GY STREETS BLAMED FOR COLLISION THAT WRECKED PIE WAGON for the custard comedy collision at Twelfth and Oak Crest yesterday morning in which a Wy- oming Bakery wagon and a touring car piled up, strewing the vicinity with ple and crullers,,was placed on the icy streets by Police Judge J.°A. Murray last night. He ruled that the accident was unavoidable and dismissed both R. C. Iserman, pilot of the pie-wagon and Peter Claugen, driver of the car. Joe Costi, of the Cheyenne Fruit pany, and Glenn Savage, of the Bogan Plumbing company, will ex- plain to Judge Murray tonight the circumstances of a collision last eve- ning at 5:30 between the delivery truck driven by Costi:and a speed- er driven by Savage, which occur- red at the corner of Beeth and Sec- ond streets. Neither -machine was seriously damaged. ne Seized in Gambling Raid Cigar. Store on West Second Street Is Scene of Raid and Alleged Dealer Is Relieved of $35 Cash FIGD BLAST HOLOS DOWN THEATER ATTENDANCE FASHION NIGHT PELE. AWARDS ARE ANNDUNGED Jack Frost, the Old Man from the North,/came into town with icicles hanging | from —his ‘whiskers and joined in the o) elebration of “Go to Theater Weel Despite his chilling presence which pulled the mercury below the zero mark, the beginning of zeven days of filmland features here was at- tended’ by crowds that were warmly bundled up. All theaters were cen- ters of attraction. One thing the frigid atmosphere did was keep many’ people from sauntering along the streets. Those who “were out to judge the best dressed couples in Casper stationed themselves at the theaters and there made their ‘selections. Prizes that were passes to a choice of show houses, good for periods of 60 days, 30 days, seven days and one day, were) handed out.» Those winning the “Fashion Night” awards were Mr. and. Mrs. J.C. Harned, Miss Margaret Holmes, Miss Mary Glad- stone; Gail Gorsuch, Miss Frances Bingenheimer, James Hamilton, and Joe Haley: of Olean, N.Y. The Rialto will show “Her Love Story,” starring -Gloria Swanson In the role of a devoted and beautifai mother, , for. the: last times: today. ‘This picture has been acclaimed a masterpiece. . Without “doubt the Rialto Netto Ladies’ orchestra, di- rected by, Mrs. M. L. Todd, is one of the finest- musical organizations any place in the west and its pro- grams are meeting with increasing praise. The Bostonians which have been heralded on the coast asa super-orchestra, will be at the Rialto Saturday,» ‘Tomorrow's feature at this theater is to be “‘Half-A-Dollar Bill," @ seagoing drama of excep- tonal merit. In “Butterfly” which statts today at the America, Casper audiences will find a reel of much amusement and many tangles, for the story. written by Kathleen Norris, has to do with the fiirtations of a wife. Her little affairs bring out numer- ous situations that make the picture one at the top of the list of best movies. Also having place in the America program. is Mable Burns, dramatic soprano, who sings the ‘songs you love.” At the Iris there awaits a thrill that is just as long as the pictur ment with “Won by Waiting.” Both band and orchestra are with tho players and audiences are assured music of a high order. ‘The program for “Go to Theater Week” has as its high point “Mas- querade Night” Thursday evening. Prizes are to be given to those com- Ing down town in ‘the cleverest makeups. At the Arkeon there will bea special masquerade dance that will climax the big community carnival. Prepare for Thursday night. ;shows Bill Hart in the role of a sure-shot sheriff putting a rough town where it belongs. ‘For the last times the Vogel and Miller company will appear tonight at the Columbia. . Their parting shot of hilarity and musical comedy is “Hello, Bill,” This final playlet will long be remem! as a fun- provoker here. Then, tomorrow night the famous» Mayme Arington stock company which has a fine record at Elitche'’s Gardens in Den- ver, will open its Columbia engage- SEVERANCE TAX DEFEATED BY . ONLY 3,303 VOTES IN STATE ‘The. official canvass established that constitutional amendment number 1 for a severance license tax failed by 3,303 votes to receive the majority of the total vote cast in the election which was essential to adoption. The total vote was 84,822; the vote necessary to adop- tion, 42,412. The vote on the amend- ment was: For, 39,109; against, 27,795. ‘as Constitutional. amendment num- ber 2 authorizing application of oné third of mineral royalty income of the public schools to the current needs of these schools was adopted, receiving 8,491 more votes than the estimated number. The vote was: For, 50,903; fgainst, 17,942. CHEYENNE, Wyo., Dec. 9—The ‘Wyoming state canvassing board. to- day completed its canvass“of the vote cast November 4 and certifica- tion of the report’ of the secretary with the issuarice of certificates of election, will follow. Completion of the canvass involved no changes in the votes, in'the primary congres. sional and gubernatorial elections heretofore officially announced. Sheridan county will bo certified by the board as: having been select- ed as the location of the state girl's industrial Institute. The vote on the location of tho institute follows: Sheridan county, 21,770; Goshen, 10,638; Park, 9,130; Sublette, 5,698. SHOP-IN THE TRIBUNE Fourteen more shopping days, counting today, before Christ- mar, That means step lively. Don’t wait until the merchandise has been picked over and the best of it taken. Christmas shopping crowds are always the thickest the last few days before the holiday. Do it now and avoid the difficulty of shopping in crowded stores. Casper merchants are prepared to fill every want. Shop now, shop in Casper and first of all shop in the ad- vertising columns of the Tribune because that is where you can Save money, save time and save the confusion of going to the wrong store for a purchase. pear before Police Judge J. A. Mur- ray this evening. ‘Two other men in the at the time were fot molested/for lack of actual proof that they had been gambling. About $35 in cash which Phelps was unable to hide was con- fiscated, it is said. Phelps has been in custody repeat- edly on charges ranging from gambling to violation,of the drug ordinance, and his appeal from a con- viction for intoxication js now pend- Five patrolmen, led by Officer Roy Plummer, walked through the cigar store at 136 West Second. street at 9:30 last night into a back room and found Jocko Pheleps, 440 West Midwest avenue, frantically scoop- ing up silver from a table which also bore @ neat blackjack layout. Phelps was booked at headquarters on a charge of operating a ‘gambling game and ‘released on $200 bond, pro- INSANITY NOT Tax ay Move Seen in Congress where specific harm is being done in the application of the Perusal of letters found in the An- derson's barber shop and at their hgme was completed today and of ficers say that this correspondence failed to furnish a clew. An investt gation of whether or not old enmities might not have furnished a motive !dfor the brutal crime thus far has brought ing. vided by Tom Curran. He will ap- “The Return of pays Egan,” whic! peeater than any ‘other Wyoming newspaper: rd tesa Cribune | or at Jeewatan & centi Patteeres by Carri s ‘cents e month Tax Provisions of Revenue Law Could Be Remedied to Advantage, Solons Believe BY DAVID LAWRENCE Casper Tribune) WASHINGTON. Dec. 9.—While “tax reform” is not one of the administration proposals for: this session of congress, there is unquestionably a good deal of sentiment of the present revenue act widespread criticism. Under the present act, every ift of more than $500 to anyone person even to mem- bers of one's. immediate family, must be reported and ia taxable if there already has been given away $50,000. The tax applies’ to corporations, too, and the question has arisen whether companies will be inclined hereafter to give pensions to the injured or employes retiring at old age or to pay bonuses, if these gifts are to be taxed and the total ex. Dense thus'increased. If @ company had a large number of employes the total taxes would be largé even tho the bonus to the individual employe might be small. This tax on generosity, if not philanthropy. in some instances, to gether with the penalty that it im- poses. on the rightful. distribution by‘ companies of sums their em- ployes have really earned by faith. ful service, is all due to-an effort to prevent avoidance of tax payments bythe few who give their money to members of their family, or close friends so as. to escape high sur. Some. of the inequitable figures of the ‘present law are to be noted'In. the case of & man who gives)away\$5' 000 year to another for 10 y That giver. pays no taxes nor the recipient. . Since the tax is on an-annual-basis. only, the giving of (Continued on Page Eight) RAFFIC URGED Cane Bought for Dry Chief Holds Flask SAN 9.—-Samuel F. Rutter, prohibition FRANCISCO, Calif., Dec. director for California,” incluzea in his list of Christmas gifts a gold headed cane for Roy Haynes, national prohibition director, but the gift was found to be unfit be- cause Mr. Rutter failed to examine it closely. After Mr. Rutter had purchased the cane, Mrs. Rutter started to bundle It for shipment to Wash- ington when she observed that the gold head might be unscrewed. When the gold head was removed a circular glass container, a flask, dropped out of the hollow center. Mr. Rutter held a family confer- ence and decided not to send the cané to Mr. Haynes. oo EASTMAN ADDS MILLIONS TO ROCHESTER, N. Y., Dec. 9. Bringing his total known benefac- tions to $58,602,900, George Eastman head of the Eastman Kodak com: has announced new gifts of of higher education, after recently announcing ‘@ gift of $2,500,000 in the Greater University of Rochester campaign. Those to’ benefit under the latest pany, $12,500,000. to institutior gifts of Mr. Eastman are: a*previous gift ot versity sof Rochester Hainpton. Institute, Tuskgee Institute $1,000,000. att Mr, Eastman's total of $5: 02,900, the sum of $23,578,500 has ced given to the Universtiy ot Roch- ester. INCOME TAX PUBLICATION DEFENDED Freedom of Speech tended that the written entirely lawful for the ‘The information published did not constitute a part of an income tax return within the meaning of that expression as properly construed in the law. If the law should be construed to the contrary of this proposition then, as so construed, it would be con: trary to the controlling force @nd ef- fect of the first amendment to the constitution relative to freedom of speech and of the press. “The question involved" said Mr. Chesnut, “is merely this, when the information is made available for public inspection by special mandate of congrers, can congress at the same time prohibit the press from publishing such) information To that question he submitted there could be only one answer and that is that congress cou'd not val- BILLINGS TO CLEAN UP TO DEFEAT CRIME BILLINGS, Mont., Dec. of four Mexicans, who are held at the city Jail for investigation, gave a hint of what may be an energetic cleanup of | undesirables iting from the murder here Saturday night of Nels Anderson and his wife, Anna, in their barber shop on the south side. The Anderson's were killed with an axe, their skulls being split in twain. The Mexicans are being finger printed, but whether they are held in connection with the axe murders or as suspects in several robberies which have occurred since Saturday, the police would not say. | 9.—Arrest and Press Cited to Show Congress Cannot Dictate After Once Making Information Public BALTIMORE, Md., Dec. 9.—Arguing in United States Court today in support of the demurrer of the Baltimore Post Company to its indictment for publication of income tax returns, W. Calvin Chesnut, of defense counsel, con- ublication of this information, was ‘ollowing reasons: idly pass such legislation because the first amendment prohibits to con- gress the power to abridge the froe- dom of the press. WIZARD GIVES UP T0 POLICE » Dec. 9.—M. Earl inancial wizard" walked into the law office of City Judge Le- seur today and arnounced his readi ness to submit to arrest. A warrant charging first degree grand larceny sworn out yesterday on complaint of B. W. Welch, an automobile dealer who alleged he had invested $1,200 with Williams on promise of 35 per cent profit, was served on him. COLLEGE GIFT Massachusetts Institute of Tech- nology, $4,500,000: which {s added to $11,000,000;.trnt- $6,000,000; $1,000,000. and Fasilcatron Offices: afibune Bidg., 216 EB. Second St ANARCHY SEEN IN ACTIVITIES ON THE JERSEY COAST REPORT President and Governor May Get Request to Use Drastic Measures ; To Stamp Out Evil. JERSEY CITY, N. J., Dec. 9.—The possible need of re- questing the president and governor ‘‘to enforce martial law upon our waterfronts as the only alternative to state wide anarchy,” was caiied to the attention of the Hudson county grand jury today by Supreme Court Justice Minturn in his charge to them concerning their duties in the investigation of a bootlegging con- spiracy In Weehawken. “Your investigation may lead you into channels of corruption so broad and varied in their ramifications as to enable you to perceve that this heinous yconspiracy is not confined to this county or to this state,” Justice Minturn charged, “but is co- extensive with our national bound- aries and in gffect is nothing less than a portentous, subterranean re- bellion againat. the constitution and law, compared with which in its secret subtleties and its. poisonous ramifications the whiskey rebellion of Washington's time was but in- tantiemnNits proportions.” The investigation has already ro- sulted in the indictment of two po- Nee officials, nine policemen and tho alleged’ “boss” of the rin ALLEGED STILL OPERATOR HELD Phil Rodgers, occupant of a house in the eleven hundred block on North Tyler street, was arrested Monday afternoon by federal and county officers, charged with the operation of a still. The officers allege that they found the still—of 40 gallon capacity —in operation and that there were four gallons of whiskey and 400 gal- Ions of mash in house. Rodgers will be" prosecuted in fed- eral court and will be given a pre- Mminary hearing before M. P. Whee- ler, United States commissioner, to- morrow. ——— BISHOP THOMAS COMING FOR EMERGENCY MEET AT ST. MARKS CHURCH An emergency meeting of parish- toners of St. Marks’ Epircopal church has been called for 8 o'colck Wednes- day evening to be held at the church, Bishop N.8. Thomas of aramie will be present and every members of tho church {s urged to attend as urgent matters conected with the new church bullding will be discussed Mercury . Eleven Below Hits Casper Shivers int First Sub-Zero Tem- perature as Frigid Blast Arrives; Lander Proves Coldest Point Bleven degrees below zero was recorded by the official thermometer at the court bouse last night, the mercury remaining to within one de- gree of that figure as late as 7 o'clock thig morning and clinibing to 12 degrees above at 10 o'clock. This {s the first below zero weather in Casper this winter Varying reports of the degree of frigidity w reported around the city this morning the readings com: to ight nothing of con- sequence. | 4 ing from Individual thermometers that in the majority of cares are in- accurate, One report was to the ef fect that {t had gone to 22 degrees below during the night, while an- other was a reading of 16 degrees be- low at 7:30. * Last night's mercurial the lowest since last drop was January when veral days low: tions omper- atures 9.— With v the pre- ‘nuel on Page Seven) / {