Evening Star Newspaper, August 1, 1924, Page 1

WEATHER. Fair tonight and tomorrow; some- ‘what cooler tonight; moderate north- erly winds. Temperature for twenty- four hours ended at 2 p.m. today: Highest, 87, at 4:30 p.m. yesterday; lowest, 69, at 5:30 a.m. today. ~hew Woll, Full report on page 7. Closing N. Y. Stocks and Bonds, Page 16 No. 99,312 SONPERSDENES LEADING FIRHT ON AFOLLETTEO.K A, F. of L. Council Delays De- fining Stand on Candidacy at Session Today. VETERAN LABOR LEADER FOR NEUTRAL POSITION ‘Would Leave Membership Free to Support Any Ticket, Emphasiz- ing Principles. By the Ascociard Iress. ATLANTIC CITY, Samuel Gon ers, president of American Foderation of Labor, clared today after the initial session of the exccutive council of that or- ganization that he “has not, is not, and will not lead any opposition to the La Follette candidacy may arise before the yuncil.” “There have n impressions in news dispatthes that 1 leading the opposition 10 & proposed indo ment of th. La Follette-Wheeler ticket by th. American Federation of Labor,” said Mr. « “Without saying whether there is a division of opinion amens members of the coun cil on this question, 1 want it known that T am not and will not lead op- Position to Mr. La Follette, Decisvion Is Delayed. Although this political question had becn scheduled fer early discussion by the courcil in its annual s opening tod: the absence of presiden ternoon, caused the relegate politics on the When Mr. Woll arrives expected ct chairman council and 1 the de- N.J., Ausust that be am my v xncctedy this council to program. the Mr. Gompers as of spokesman for who recuperating from a recent serious iMness ard will remain from the strife of the council sossion as much as pos- sible / 1t was Blisclosed today ene report on the situation would be as is that only ational political made to the coun- 2l It will be presented by the execu- tive cummittce of the federation’s national ron-partisan political n committes, composed of Mr. ompers, Frank Morrison, secretary of the American Federation of Labor and James O'Connell the Metal Trades Union Hands OF Policy Favored. Tnree alternatives lay before ouncil in draiting its policy the political question 1fa Follette didacy; it merely an he platform Conference for Folitical fon, or it may do as Mr. Gompers declares it will do ing preference for any of the dential tickets Mr. Gompers made wants the vast g workers which he here to the hards-off policy. His attitude tsward the question that the American Federation of Labor should pin its hopes on “being partisan to principles and not to po- litical organization In the cam- paign of 1921 would pursue the policy of the Amcrican Federation of Labor in 1920, when, supported four political p. Among the 10 cam- toward It may pled tive support of his can- mar go record with ssion approvai of the of Progressive nd o ies of presi- it plain that he up of organized he says, “we representing hiefs of various na tional and international unions who compose the executive council there were ample sentiments, as the confer- ence began today, that the Gompers View was not unanimous. GOMPERS IS SCORED. Foster Manager Calls Him Arch- betrayer. CHICAGO, August 1.—Joseph Man- ", campaign. manager of the Work- ers’ Party of Amcrica, whose presi- dential candidate is William Z. Fos- ter, who has bitterly opposed the la- Yor policies of Sanuel Gompers, pres- 1dent of the American Federation of Labor, last night sent a telegram to Nr. Gompers, terming him the arch Setrayer of the American working lass. he telegram was in reply to the criticism of Foster and his party voiced by the labor leader in a state- nient yesterday. ‘In this particular crisi sage said, come the mes- “your executive council together to continue your old ¥ of ‘victories for friends and sreat defeats for enemies.” This pol- iy has résulted in low wages, un- speakable working conditions, in- unctions and general political help- icssness. You are a faithful ally ot the capitalistic class. The message advised Mr. Gompers o repudiate both the major parties nd “the backward-looking La Fol- -tte movement” and to “fight for a workers’ and farmers' government.” =g . HAS NARROW ESCAPE. RBed President in House Struck by Lightning. By the Associated Press. MOSCOW, August 1. — President alenin of the Soviet government Bad a narrow escape from death by lghtning today when the house in _ village in which he had taken ref- e during a thunderstorm was de- molished by a bolt. The driver of Wi carriage was instantly killed and accompanying photographer in- Anred. 0 ‘t president wgs on the lower of the house When the roof of %allding collapsed. The house . fire, but M. Kalenin escaped #“out injury of any sort, the | refrain from stat- | dominates to ad- | Entered as second class matter post office Washington, D, C. Leaders of Fighting Nations Tell Gain of World From War Lesson to Arm, Says By the Associated Press. INDIANAPOLIS, August 1.—A sym- posium on “What did the world gain by the World War” is puhlished to- day by the American Legion Weekly. The majority of the replies, many of them from mous Americans, agree there were gains, though some deny any. The first person quoted, the former Kaiser's secretary, Admiral H./von Rebelr-Paschwitz, said: “What did the world gain? ing! It lost everything.” *“This answer, said the article, “was in reply to a ietter to ‘William | Hohenzollern, Esq. in Holland. It is ! taken to represent very closely the ‘eal views of the former emperor.” | Crown Prince’s Idea. “The symposium was prepared to feature the tenth anniversary of the beginning of the World War.” Fred- ! erick Wilhelm, former crown prince, says: ‘The result was that all nations are arming as hard as they can—and what about democracy? Just look at the cables from over the whole world. Dictatorship of some sort or other is the favorite idea. The only good the war did is to show that a nation not armed is powerless, and that Noth- | well i FOG AGAINDELAYS 11 WORLDFLYERS |Hop to Iceland Declared Dangerous Because of Low f Visibility. IDLENESS IRKS AVIATORS | Great Masses of Ice Reported Along | Most of East Coast of 1 Greenland. 1 { By the Associated res KIRKWALI | The American Army around-the- | world fiyers were unable to hop off today for Hoefn Hornafjord, Iceland, | because patrollers reported a heavy fog off Iceland. Fiying prospects were poor today and the weather forecast indicated a Ieloudy sky without -rain tomorrow. Great m of ice reported at| Angmagsalik and along most of the east coast of Greenlind, it is ex- | pected, may make the landing at Angmagsalik problematical. A heavy fog was said to be hang- | {ing off the entire southeast coast of | | Iceland, hiding the track of the land- | ing harbor at Hoefn Hornafjord. The {unfavorable weather conditions ‘may cause the aviators to extend their stay here over the week end Fog Limits Visibility. Early morning the | destroyer Reid, patrolling between | the Faroe Islands and Iceland, and | from the cruiser Raleigh, at Hoefn Hornafjord, warned of continued un- favorable fog, with a visibility of {only two miles. Later messages in- | dicated that the visibility had drop- | ped to a half mile. | Lieut. Lowell H. Smith was reluc- | tant to abandon the idea of starting on the second Atlantic lap today, but was forced to do so by the danger of facing such unfavorable conditions. He was distinctly disturbed to learn | fram detailed observations made on | board the Reid that the fog could not be expected to be dispelled without a strong wind for at least a day or two. Observers on the Reid reported the fog was of enormous expanse, was { moving slowly and appeared to be centered about the patrol boat. Trawlers Report Mist. Fishing trawlers reaching Kirkwall | this morning from the Faroe Islands reported to the harbor master that they had encountered fog north of the islands, an unusual situation for this season. They said the mist was heavier than it had been in several menths and that there was no indi- cation of its course or when it was liable to lift. Conditions in Houton Bay also were against the airmen today. There was no wind and a low, dense fog was hovering outside the tiny bay in con- trast to the weather on the islands, which were experiencing one of their (Continued on Page 2, Column 7.) | | otland. August 1.— f | N reports from OLYMPIC FENCER SENT CHALLENGE FOR DUEL Friends of Hungarian Referee De- mand Satisfaction for Tour- ney Squabble. By the Associated Press. BUDAPEST, August 1.—Repre- sentatives of M. Kovacs, Hungarian fencer, have telegraphed Oreste Pu- litt, Italian, demanding satisfaction by arms upon learning of the in- ternational Olympic committee's de- cision concerning the incident between the two men at the Olympic fencing tournament. Pulitti objected during the ‘tournament to some of the rul- ings of Kovacs, who acted as one of judges and attempted to provoke him to a duel. A Paris dispatch last week sald the executive committee of the Inter- notion Olympic committee had barred Pulitt! forever from Olympic com- petition beca: of his attitude to- Fard M Kovace a3 Judge, & @h ¢ Foenin WITH SUNDAY MORNING EDITION { WASHINGTON, D. C,” FRIDAY, AUGUST 1, 1924 -TWENTY-SIX PAGES. Crown Prince; New Freedom, Says Pershing; Only Broken Hearts, Says Canadian. : such a nation gets no help from any- bod Newton D. Baker said: “Taking the long view, I believe it is possible now to say that the world is at last convinced that the balance- of-power theory is an unstable basis for world peace and, that Interna- tional co-operation is the only other plan to be tried. This Is a great gain.” Overthrow Autocracy. Gen. John J. Pershing said: “While we are probably too close to the events of the World War defl- | nitely to judge of its general benefits to mankind, yet the victory did result in preventing domination by tocracy, with all its disastrous ef- fects upon civilization, and the evi- dence is clear that the free peoples of the world will unite in resisting such domination.” Sir Arthur W. Currie, commander- in-chief of the Canadian expedition- ary forces: “By the World War we gained a truer appreciation and a better reall- zation of war's unspeakable waste, its dreadful hardships, its ecruel slaughter and its aftermath of loneli- (Continued on Page 5, Column 2.) MOBILIZATION FIRST LAFOLLETTESSUE Observance Day Plan De- nounced in Resolution by Progressives. DEMOCRATS TOO LATE Opposition by Davis and Bryan | ‘Welcomed by Third Party. BY G. GOULD LINCOLN. It Gov. Bryan of Nebraska and John W. Davis, the Demberatic stand- ard bearers this year, are planning’ to make a campaign issue out of the Administration's support of Defense day—called by its opponents Mobili- zation Day-—they are a little late'in getting under way, according to man- agers of the La Follette-Wheeler third ticket. The Cleveiand convention of the Conference for Progressive Political Action, which indorsed the candidacy of Senator La Follette for the presi- dency, adopted a resolution denounc- ing National Mobilization day, it was pointed out today by Robert M. La Follette, jr, and Basil M. Manly, members of the joint executive com- mittee in charge of the La Follette campaign. Welcome Democratic Help. e will welcome the efforts of Mr. Davis and Gov. Bryan in opposition to Mobilization day,” said Mr. Manly. He added that there were a namber of planks in the La Follette platform which the Democrats might do well to support, also, if they were looking for issues, So far Senator La Follette has not issued any statement directly in con- nection with Defense day, since the adoption of the resolution referred to | by the convention which nominated him several weeks ago. It was indi- cated today that he might have plenty to say, however, in regard to the sub- ject in the future. At present he is de- voting himself to main issues in the campaign, and giving his attention to the sugar tariff and other matters which were not receiving the attention of others.’ It was not intended to minimize the question involved in the holding of Defense day, it was said, however, for that was connected with a major issue in the campaign. The La Fol- lette platform, 1t was pointed out, declares for treaty agreements with all nations to outlaw wars, abolish conseription, drastically reduced land, air and naval armaments, and guar- antee public referendums on peace and war. Renolation at Cleveland. The resolution against Defense day was presented to the Cleveland con- vention by Max Swiren, a delegate representing the La Follette Club of the University of Chicago—the same man who stampeded the university political mass meeting early in the vear for La Follette. It was the only resolution adopted which did not come before the convention as a re- port from the committee on resolu- tions, In presenting his resolution Mr. Swiren said: “I ask you here today to co-op- erate with the youth of America in blocking the first practical step ip the direction of war taken by the President and the reactionary ad- ministration in Washington. They have announced they are going to mobilize this country for one day on a war footing évery year. We can'have a general statément, of how little we like war, but here is a con- crete effort to breed a new militar- istic, murderous spirit in our coun- try.” The statement of John W. Davis, con- curring in the views of his running mate, Gov. Bryan, on Defenge day plans, was received in Washington pojitical circles with some little surprise. It was 1ot expected that Mr. Davis would take on ol ) au- | | French proposals by the first com- | Telegraph today writes: EXPERTS 10 SOLVE ALL PARLEY ISSUES TODAY, SAYS YOUNG Report to [’Ienqw Session "Tomorrow Is Predicted. Logan Also Optimistic. INVITATION TO_GERMANS MAY BE SENT TONIGHT Paris Equally Confident Solution Has Been Found—Berlin Eyes Terms Coldly. By the Assoclated Press. LONDON, August 1.—The experts of the interallied reparation conference | indicated early this afternoon that| they expected to settle all the out- standing problems of the conference up to them for solution before the afternoon was over. The problem of transfers allotted to the transfer commission under the Dawes plan is still causing trouble. 1f the experts are unable to overcome the difficulty on this point this after- noon the issue will be referred to the chief delegates. Young is Optimistic. The experts, who did not leave Downing street until 2:15 o'clock this morning, returned to their task at 11 o'clock, and during a two-hour | session adopted the French proposals | for the modification of the Dawes| plan. They then adjourned to reas- | semble later in the afternoon. ! Owen D. Young of the Dawes com- | mittee, who has maintained an atti- tude of restrained hopefulness ever since Premier Herriot's plan was| produced, was enthuslastic when he| left the foreign office. “We'll finish up this afternoon,” he said. 1f the experts conclude their work this afternoon their reports will be submitted to a plenary session of the conference tomorrow. The Americans believe the invitation to Germany will be dispatched tonight. Logan’s Work Praised. Referring to the agreement on the mittee of the conference, matic correspondent of the diplo- | the Dalily| “Apart from the eloquent exertions of M. Hymans (Belgian foreign min- ister), the powerful influence, albeit discreetly exercised, of the American delegation was dis arnible. Mr. Lo- gan has, indeed, deserved well of the conference. He was ready to come to Its rescue had another deadlock been created by presenting anew his practical formula of the other day in somewhat amended form. “His shrewdness and good will were equally appreciated. He had! been in close touch with the bankers of the varlous countries concerned and had duly noted their growing| impatience and anxiety at the man- ner in which the conference was wasting time by a tendency to deal in formulae instead of facts.” Five-Hour Night Seision. James A. Logan, the American of- ficial observer, also sald he was hopeful that a settlement would be reached today. Mr. Logan said that he intended to go to Paris for the week end and that he hoped the Germans would be in London when he returns and that the cor ference can then enter its last phase. = Under the new formula for deter- mining Germany's possible default and dealing with the sanctions then to be applied, the Reparations Com- mission remains first judge of Ger- many's faith. New Procedure Provided. But new procedure is provided in the evert the Reparations Commis- sion fails to reach a unanimous de- cision. TIf the decision should be taken by a majority vote only to ac- cept or reject a request for a declara- tion of default on Germany's part, the | whole question may, at the request of { the minority, be submitted to a board of arbitration consisting of three members, of which the chair- man must be ar American. No limitation is placed on the nationality of the other two mem- bers, who may be either nationals of interested powers or neutrals. The arbitrators would serve for five years. They would be nominated by unanimous vote of the reparation commission. In the event of failure of the reparation commission to reach 2 unanimous choice the nomi- nation of an arbitrator would be placed in the Rands of the president of The Hague Court. In French circles last night it was declared with emphasis that France felt she had shown a real oconcilia- tory spirit in her proposals, which (Continued on Page 2, Colufnn 3.) Ru SSs ia SINCE LENIN \ The truth about that country as it is today, in a_series of uncensored articles by an ob- server who spent many months in Russia studying conditions. To be published daily, be- ginning tomorrow, on the Editorial Page of The Evening Star PRESIDENT SOON | reappoint Miss Sellers to the Juvenile TONANE JUDGES Miss Sellers Expected to Be Reappointed, While Fight Is Made on McMahon. President Coolidge soon will be called upon to decide whether or not Re will reappoint Miss Katheryn Sellers,"judge of the J®enile Court of the District, and John P. McMahon, opé of the Police Court judges of the District, whose terms expire Septem- ber 13 next. The President, during the past week cr 5o, has had a number of reminders of this fact in the way of indorse- ments, and in some cases protests, from individuals and organizations in the District, relative to the reap- pointment of these two judges, White House authorities, however, state that the President will not take up this matter until after he has made his acceptance speech and the Republican cahpaign is officially and thoroughly launched. He will then, and not until then, give attention to these and several other important fed- eral appointments. Reappointment Expected. It is thought that the President will Court inasmuch as he has received any number of communications in- dorsing her work as the head of this court. This is the opinion of persons associated with the President. They do not feel as hopeful, though, re- garding the cabe of Judge McMahon. As a matter of fact, it is their beliet that the President will cast about for some one else to appoint to, this court. ‘This opinion regarding possibilities of Judge McMahon not being reap- pointed is maintained, despite the fact that an active effort is being made by friends of Judge McMahon to bring about his reappointment. During the past ‘week more than one person has been to the White House to see Secretary Slemp in the judge's behalf. On the other hand, it is known that there have been protests, not because he is a Democrat, but because of the manner in which he is alleged to have conducted his court and his at- titude toward certain lawyers prac- ticing before him. Sccretary Wallace of the Depart- ment of Agriculture, who was one of the four members of the cabinet at its biweekly session today, and who has just returned after a two weeks' visit to his home in Iowa and in other parts of the Central West, does not believe: that the La Follette following in Iowa is of sufficient size to cause the Republicans any worry, although the fact that there is sentiment for the Wisconsin Senator should not be discounted. He is convinced, how- ever, that the greater part of the vote that La Follette will poll in that (Continued on Page 2, Column 6.) 1,000 HOMELESS IN FIRE. Porto Rico Refugees Sheltered in Schools and Public Buildings. SAN JUAN, P. R, August 1.—More than 1,000 persons were rendered home- less last night by a fire at Arecibo which destroyed 200 houses in the poorer section of the city. Appeals were made to the goverment authorities today and to the local Red Cross for relief for the victims, who are sheltered in schools and public’ build- ings and who are in dire need’of food and clothing. MURDER A DAY IN CHICAGO| Crime Commisston Makes Beport for Past Two Months. CHICAGO, August 1.—A murder a day was committed in Chicago In June and July, according to a report of the Chicago Crime Commission, which {s making arrangements for a conferende for the formation of an anti-crime_council. Thers have heen 206 murders here 1n the first 213 days of the year, the seport said, Disguising Cigar Of Little Benefit To Girl Inventor SW YORK, August 1.—Mas- querading as a man, and smoking a cigar to enhance the illusion, a young woman who described her- self as Miss Mary Burke, 18 years old, of Cincinnati, early today ask- ed the police to take her into cus- tody, as she was “hungry and lone- some for home.” Miss Burke said she came to New York to market an invention by which automobiles could run with- out gasoline. Realizing that her sex wouNl militate against her, she sald she bought male attire and smoked a cigar to make her look like a business man. She failed to impress motor dealers with her in- vention, which she described as consisting of powerful springs operating on the principle of watch springs. The police wired the Cincinnati authorities and the girl was taken to a home for young women. SHOKE SEREEN USE PENALTY IS FIXED Police Regulations Amended to Provide for $500 Fine for Offenders. The Commissioners today dealt a blow at the use of smoke screens by bootleggers to throw pursuing officers Off the trail. They added an amend- ment to the police regulations as follows: “Any person causing the emission of smoke or gas of any character from a vehicle of any description for the purpose of or in such manner as to hinder or harass officers of the law in the performance of their duty shall be liable to a fine not exceeding $500.” Up to this time there has been on the books an old regulation which ‘was intended to prevent the ordinary discharge of smoke incident to the operation of the automobile motor. The penalty for violation of that sec- tion is only $40 and had little effect in deterring rum runners from using smoke as a weapon against the police. On several occasions recently mem- bers of the motorcycle force patrol- ling suburban roads have been thwarted in their efforts to overtake cars suspected of carrying liquor by being enveloped in clouds of smoke emanating from the exhausts of the fleeing machines. SOVIET SEEK REFUNDS FROM AMERICAN FIRMS Russians Will Attempt to Collect From Insurance Companies Who Quit Field. By the Associated Press. MOSCOW, August 1. — Claims amounting to hundreds of thousands of dollars will soon be made on a number of large American insurance comparies by 'a Soviet bureau actin on, behalf .of Russian policy holders, who have falled to collect insufapce owing to the withdrawal of the com- panfes’from Russia. 2 1f the claims are not paid directly by the companies it is the intention of ‘the credit byreau to endeavor to recover them through the American courts. The bureau has sent. circular letters 6. all the Russian policy holders asking them to forward the details of their cases and to delegate to_the bureau.the power of attorney, authorizing it to take legal proceed- ings against the American companies. The policy holders will be charged in.proportion to the cost of the pro- ceedings and if their claims are re- ‘covered will be required to pay the “From Press to Home Within the Hour” The Star’s carrier system covers every city block and the regular edi. tion is delivered to Washington homes as fast as t! he papers are printed. Yesterday’s Circulation, 92,017. THRONGS VEW LI OFLQUOR TRUCKS Baltimore Has “Parade Day” When Transfer of 10,517 Barrels of Whisky Begins. Special Dispatch to The Star. BALTIMORE, Md., August 1— Streets were lined with people today watching for the caravan of trucks with liquor, 10,517 barrels of which, valued at $21,000,000, is being re- moved from Gwynnbrook warehouse, near the city, to the Concentration warehouse on Guilford avenue here. It is like a circus parade. The trucks are guarded by United States agents and special detectives heavily armed. Removing the liquor will require several weeks perhaps and cost $10,000. At a hearing before United States Judge Soper yesterday an or- der restraining the district attorney and collector of internal revenue from removing the liquor was denied the Gwynnbrook Distilling Company. The owners sought to have the liquor stored in the government warehouses in Philadelphia rather than in Balti- more, because of lower rates charged. The government agreed to charge the same rates in Baltimore as in Philadelphia. PRI BARONESS SENTENCED TO JAIL FOR STEALING Purloined of Kleptomania, Lawyer Says, But " Judge Deaf to Plea. By the Associated Press. GRAZ, Austria, August 1.—Baron- ess Alice Konrad von Kohradsheim was sentenced to six months in jail today after conviction on a charge of stealing and selling pearls belonging to two of her friends in the former Austrian aristocracy. showed that she broke strings of pearis worn by the plaintiffs and purloined a considerable number of them while they were being picked from the floor. The plea of kleptomania entered in her behalf failed to impress the court, although the defense proved that she owned a palace here and several houses in Vienna. Medical evidence also was introduced to show that the baroness had an intense passion for pearls, which was said to be the sympton of one form of mental de- rangement. The baroness collapsed when she heard the sentence and was carried unconscious from the court. [R— FOREST FIRE SPREADS. Blaze in Idaho Getting Beyond Pearls Because Control. BOISE, Idaho, August 1.—Fanned by strong winds and aided by arid- ness, the forest fire which started near Big Eddy Tuesday night on the east side of the Payette River about six miles from Swiths Ferry, was spreading with alarming rapidity yesterday afternoon and getting be- yond control, said a message from the fire dispatcher at Cascade. The fire was started by sparks from a locomotive. One hundred and sixty men are engaged fighting the fire under handicaps most trying and three of the crew have been injured, one by & rolling rock and two by falling trees. S QUARANTINE IS LIFTED. Embargo Off, “But Inspection of Shipments Continues. PHILADELPHIA, August 1.—The embargo agalnst shipment of fruits, produce and-flowers from Philadel- phia and vicinity to points outside the Japanese beetle quarantine area was lifted today. The - continued inspection of all fruit, produce and flowers to points The testimony | TWO CENTS DOGTOR SAYS LOEB PLOTTED MURDER ASFEAT OF BRAIN White Blames Mental Condi- tion of “Dickie” Partly on Nagging Governess. TELLS OF CHILD’S LIFE LIVED IN DREAM WORLD Early Illness, Auto Crash, J11-Di- rected Studies Given as Partial Causes. By the Associated Press. CHICAGO. August 1.—The kidnap- {ing and murder of Robert Franks | was planned as “an intellectual teat on the part of Richard Loeb, accord- ing o testimony given today in the | hearing which is to decide punish- ment for him and Nathan Leopoia {dr. for that crime. | This revelation of Loebs motive {came right at the end of the morn- |ing session today from Dr. Willtam | A. White, first witness for tne ge- fense. whose testimony was started after Judge Caverly had dennitely overruled objections by the State di- | rected against all evidence as to the mentality of the deferidants. This ruling disposed of a question | which had been argued for two days |and which attorneys agreed constitut- | ed a precedent in Illinois for receiv- ing evidence in mitigation of punish- ment. Dr. White's testimony transformed | the companion of Leopold from “Rich- ard Loeb, defendant in this case,” to | “Dickie,” a child beset with phantas- tic dreams of becoming either the world's greatest detective or a “mas- ter mind” dominating organized enc- mies of socie The witness called him “Dickie” and Judge Caverly in ruling on the ad- missibility of evidence about the “foolish governess,” who drove the boy to deceit, used the diminutive twice himself. Arguments in Prospect. More arguments on the admissa- bity of the testimony of alienists Wwere in prospect when court opened today. Walter Bachrach of defense counsel was due to finish his analysis of cases offercd by the State in its ef- fort to bar from the record reference to the mental state of the defendants. He had a dozen or more such cases to discuss. Crowe Plans Answer. Robert E. Crowe, State’s attorney, said this morning that the prosecu- tion would cert, reply to Mr Bachrach’s arguments and also to th impassioned plea with which Clarence S. Darrow, chief counsel for the de- fense, stirred the court yesterday. The prospect of more vocal p technics, with perhaps a momento: legal ruling by Judge John R. Caverly at their conclusion, proved a magnet for court fans. he prolongation of the procéedings has served only to increase the interest of the curiosity seekers, and this morning the queue of would-be spectators formed on the floor below the courtroom hours be- fore the doors were opened. A few minutes after that event the court bailiffs sent word downstairs: “That's all,” and those who had ar- rived later than §:30 were out of luck. Analysis of Cases. “We have made an analysis of all the cases cited by the State,” said | Mr. Bachrach. cept in one or two inconsequential instances, none of them related to instances in which mental disease was offered as mitigi tion of punishment. Ail were inappli- cable to this case. “As this argument has progressed I have wondered what function there was in the office of State’s attorney that allowed him to fix the punish- ment of these defendants. “What right has he as an officer of |the law to demand what form of punishment should be meted out? “It is, in Mct, none of his business. Whether a defendant pleads guilty or is convicted by a jury, his function is to inform the court by laying before it all the facts in the case. Duty of Attorney. “That is his real duty, whether the facts are favorable or unfavorable to the defendants. “Were I in his place I would, stead, let my conscience be my guide, and were I a judge I would want to know every fact that ceuld be pre- sented from either viewpoint of both State and defense; I would weigh the ponderable as well as the imponder- able.” “I would lay aside the rules of evi- dence,” continued Mr. Bachrach. “They don’t matter in a situation like this. They don’t matter as a fact et law. “This is not a trial. It is a heari for you to determine the punishme to be meted out.” He quoted from Fisher on evidenc to the effect that formalities neces' sary when a case is before a jury should be disregarded by a court in considering punishmeént. All Evidence Proper. “Everything went in that the State desired, and properly so. When it comes to the defense's evidence, noth- ing should be shut out. It requires a distortion of the mind to say that evidence as to the mental condition of these boys is not a proper consid- eration in fixing the punishment. It seems a useless thing for us to have to stand here and argue that mental condition like age shall not be con- sidered in mitigation of punishment.” in- bureau from 38 to 4§ per cent, de<_ outside the restricted area will be| Mr. Crowe followed, saying the is- .pending on'the amount of the policy. sigidly enforced, however, . ’