Evening Star Newspaper, February 5, 1925, Page 1

WEATHER. . Fair, morrow; about freezing. Temperature: Highest, today; lowest, 21, at 1 Full report on page 7. 5. Weather Bureau Forecast.) and warmer tonight and to- lowest temperature tonight 42, at noon a.m. today. Closing N. Y. Stocks and Bonds, Page 28 No. 29,500, Entered as second class matter Dost_oftice, Washington, D. C. SHAFT GUT IN HILL “OFFERS ONLY HOPE OF SAVING COLLINS Miners to Start Digging, But Corpse Is Expected When Man Is Reached. EXCAVATIONS TO REQUIRE DAYS, EXPERTS CLAIM Access to Body Now Entirely Closed by Raising of Rocks in Cave Passage. . CAVE CITY, Floxvd Collins has ! tombed in his Sand Cave prison 1 feet underground by in thel floor of the cave, and all hopes of es- cape through any natural passage have been abandoned Four trips into the cave have con-; ed a geologist, coal miners and | military authorities in charge of the work that their only chance to reach Collins is by sinking a shaft from the of the hill and endeavoring to tunnel to the imprisoned man February n completely en- Ky. a rise 5 a 10p Only Laxt Resort. attempt to mine into the cave will be fatal te Collins, it , but the plan was adopted as a last resort, and Maj. W. H. Cherr, the governor's agent, has been dispatched in an automobile with instructions to get mine ma- chinery wherever any can be found. The slow rising of the floor within the cavern began shortly after mid- night. A rescue crew which entered at 1 a.m. found that the floor apparently had swelled from below at the inner: most “squeeze” only a few feet from Collins. Returning to the surface, the miners who composed the detail made their report to Brig. Gen. H. H. Den- hardt, in charge of the work, and Denhardt immediately summoned W. 1. Funkhouser, head of the geologi- cal department of the Unjiversity of Kentucky, who arrived yesterda After conference it was agreed that the miners should re-enter the cave for a second observa n, with a view of determining whether the movement of rock could be stopped. Meanwhile those in charge of the work withheld knowledge of what bhad occurred. Continued to Rise. An hour later the miners reappear- ed at the surface and hurried to Gen. Drenhardt and his conferees in one of the tents near the entrace. The floor had continued to rise during the hour, they reported. Inasmuch as a considerable portion of the cave leading from the entrance toward the prisoner still remains un- disturbed, however, belief was ex- pressed that Collins might still be alive. The movement took place just be- yond that part of the cavern which had been timbered by rescuers. There had been no more rock falls or cave-ins, it was stated. The swell- ing apparently had lifted solid rock from the floor to the roof of the cav- er This action closed the passage- way for an indefinite distance and may have crushed Collins if it ex- tended that far. A third trip revealed that the slow rising had continued and when the miners emerged after their fourth underground visit they told Gen. Den- hardt that the passageway had been completely sealed Any probably was agre Alarm for Rescuers. The first three explorations by the miners required about an hour each. Considerably more time elapsed dur- ing the fourth visit, however, and the alarm of those on the surface in- creased each minute until the first| man’s light appeared in the cavity{ downward from the entrance. No one among those in charge of the work at Sand Cave was able to suggest where the nearest mining machinery might be located. MaJ. Cherry did not make known his des- tination when he hurriedly drove | away for more equipment Preliminary plans for sinking shaft, evolved in ‘consultation with coal miners who arrived from Muh- lenberg County during the night and who made the four early morning trips, called for a mine from the top of the hill at a position not far dis- tant from where Collins is thought to | bé pinned. the Plans for Shaft. It was estimated the shaft would be from 50 to 75 feet deep before any of the caverns beneath were tapped. ‘Whether the position chosen would strike Sand Cave was a matter of speculation. If it does mot, then a tunnel from the depth where the cave victim is belfeved to lie will be un- dertaken Funkhouser and the mine Inog consultation, were the hopelessness of any ontinue cue work natural « from impossible move uplifted to roof, clared The danger to Collins In minlig downward from the hilltop lies in the vibration entailed in such work Three slides and cave-ins within the cave already have occurred from un- explained reasons and the constant Jarring and pounding necessary in sinking the shaft undoubtedly would drop rocks and earth in his vicinity if not directly upon him. after a convinced of attempt to through the | the outside. Tt is the solid rock the miners de- ve to the Danger for Workers. Gen. Denhardt, Funkhouser and the coal miners virtually decided upon the plan to attempt to get Collins from above after the first report that the floor was rising. There was constant danger that any one within the pas- sageway leading to Collins would find himself wedged or slowly crushed. Subsequent reports on the uplift convinced the rescuers that their hope lay in the new plan and the cave ex- ploration was abgndoned. It was a discduraged group which undertook the mine labor this morn- ing. No effort was spared to speed the work, but the race with death had all the odds against the rescuers. Be- cause of the rocky strata expected to be encountered all the, way down, it was probable that days would elapse before any one could hope to reach Collins, D “Orders have been given by Gov. Fields to stop all trains which carry (Continued on Page 5, Column 3.) Radio Programs—Page 36.. | was no possibility tions, wi | ward by Senator Wallis, NEW ENVOY TO AMERICA FROM ITALY ILL IN ROME Martino Departure May Be Delay- ed Until Arrival of Caetani From Wuhx‘ngtan. By the Associated Press. ROME, February 6.—Giacomo de Martino, newly appointed Italian Am- bassador to the United States, is suf- fering from influenza. He has been obliged to take to his bed, his tempera- ture rising to 102 Fahrenheit. It is uncertain whether his condition will allow his salling February 18 to assume his duties in Washington. Premier Mussolini has expressed a desire that the Ambassador take up his post as soon as possible. If Signor De Martino's departure is postponed he will have the opportunity to get in consultation here with Prince Caetani, the retiring Ambassador, who Is expected to reach Rome February 21. Such a meeting, it is felt, would be most useful, permitting of an ex- change of views between the two dip- lomats on the most important ques- tions pending between Italy and the | United States, especially emigration and war debrs. SENATORS SHELVE WORLD COURT PLAN Committee Discussion Fruit- less—Action This Session Is Held Impossible. The World Court proposal virtually was laid on the shelf today by the Senate foreign relations committee, %0 far as this Congress is concerned. A two-hour discussion got the committee nowhere and afterward Senator Swanson of Virginia, the ranking Democrat on the committee, said he saw no reason for pressing his membership proposal, as there of action before March 4. Several members took the view that since the Pepper resolution for Amer- jcan adherence has been reported to the Senate further action by the com- mittee is unnedessary. This resolu- tion, which would divorce the court completely from the League of Na- s approved by the committee t the last session over the Swanson resolution for adherence with the Harding-Hughes reservations. A third proposal has been put for- Republican, Ohio. It embodies the Harding- Hughes reservations with additlons. {SHOALS AGREEMENT GIVEN TG PRESIDENT Tentative Draft of Decision Reach- ed by Conference Submitted for Approval. Tentatlve legislatjon for solution of the Muscle Shoald problem was laid before President Coolidge today by Chairmen Keyes and McKenzle of the Senate and House conference commit- tees, respectively. The conference committee chairmen advised the President that it would be possible unless unforseen difficul- ties arose to complete the conference agreement on the legislation by the end of the week. Prior to final ac- tion, however, the chalrmen will be advised of the President's views. Holding that the problem of dis- posing of the property eventually will reach the President, the confer- ence chairman deemed it wise to sub- mit for his consideration the tenta- tive, agreement worked out on the basis of the Underwood leasing bill. Submission of the tentative draft led the President to call into confer- ence Secretaries Weeks and Hoover, who, by iInvitation of the conference committees, have been consulted in the effort to formulate compromise legislation. he b THURSDAY, FEBRUARY 5, WASHINGTON, NEW POISON STOCK ADDS T0 MYSTERY INCOLLEGE DEATHS Strychnine Supply Found in Ohio State Laboratory as Probe Widens. 64 STUDENTS SUMMONED IN INQUIRY BY POLICE Senior Deliberately Slain, School Heads Certain—Several Others Now Ill. D. sy the Associnted Press. COLUMBUS, Ohio, Feoruary new bottle of strychmine, the ence of which was unknown, discovered late last night by Clair A. Dye of the macy at Ohio State University, in a recheck of the dispensary stock. The bottle contained perhaps 75 grains of the poison. Dr. Dye, unable to sleep because of the worry occasioned by the death of two students at the university, one of whom is known to have died of strychnine poisoning, returned to the dispensary shortly after midnight and rechecked the entire stock. Stuck back on a shelf out of sight in a cor- ner he found the half-filled bottle of strychnine. How or when the poison got there Dr. Dye does not know. He has been connected with the college of phar- macy for more than 30 years, and he says that he has no recollection of ever having seen any such bottle of strychnine before. Police Start Inquiry. Columbus police this morning pre- pared to question the first of more than 60 students who last week worked in the pharmacy dispensary from which the capsules were glven With university officials’co-operat- ing, investigators expected to bend every possible effort to determine the source of the poison. With every supply of the poison on the campu accounted for, the task the investi- gators faced was a threefold one: 1. To discover who gave out the capsules contalning the poison in- stead of ones containing quinine, which closely resembles the pofson. 2. To find out, if possible, the mo- tive, if any, underlying the act. 3. To uncover the source of supply of the poison. Belief that the poison tionally placed in the capsules was strengthened late yesterday by the finding of definite traces of the deadly drug In (he stomach of David I. Pusken, Canton, Ohlo, senior, who died suddenly Sunday after a brief but violent illness. The only other traces of the poison discovered so far were in a capsule in the possession of Timothy J. McCarthy of Fremont, Ohlo, and evidence of the poison in the contents of the stomach of George Thompson, Canton, Ohlo. McCarthy and Thompson are two of three stu- dents taken most violently ill and who have survived. Police Called Th. Convinced that deliberate was at the bottom of the which, In Pusken's case probably caused death, university officials late yesterday afternoon turned over the officlal investigation to Columbus police, President W. O. Thompson, in the response to numerous telegrams and letters from anxious parents, reiter- pres was Dean intent illnesses, 2t least, ated that there was no occasion for| alarm and that everything possible was being done to fix responsibility for the use of the poison. Medicine used to fill prescriptions issued by the student health service si made u) in the College of Pharmacy dispensary. Students take turns macy dispensary. During the six days from January 26 to 31, poison capsules apparently were is- sued, 64 students worked in the dis- pensary. LITTLE GROUP WAITS WORLD END WITH PRAYER, FASTING AND SONG Some Followers in Washington—Those on Long Is- land Subsist on Carrots and Water, Awaiting Coming of Cloud Chariot. The Lord, riding on a white cloud with all His holy angels with Him, confidently is expected to arrive bringing the “end of the age” shortly after midnight, tomorrow, according to the belief of followers of Mrs. Mar garet W. Rowen of Los Angeles. Calif., who are awaiting the end at Takoma Park today. Although there have been some de- fections from the rank of these be- llevers in yashington and Takoma Park, they} were gathered for the most part id cottage prayer meetings today preparing themselves by fur- ther consecration for the end. At the same time the Seventh Day Adventist Church, with headquarters in Takoma Park, lseued another statement “dis- avowing any conneetion whatsoever of the Seventh Day Adventist Church With the sponsors of @& fanatical movement which has set February 6, 1925, as the day and year in which Christ 18 to return a second time to this earth.” Prof. C. S. Longacre, professor of Bible exegesls, who {ssued the state- ment for the church, further declared that “Seventh-Day Adventists never did and never will set a date for Christ'’s return. In common with many other Christian bodles, they be- lieve his return is imminent, and is the only solution for this world's ills and the bringing. in of a better day, which shafl know neither war nor sin nor death. * * * God alone knows the exact time, and He only will make it known.” Time Is Unecert ‘Whether the time predicted by Mrs. Rowen as shortly after midnight Feb- | ruary 6 means early Friday morning Saturday morning was an among those who know or early uncertainty i the attitude of the self-styled refor: Seventh-Day Adventists. Frank Smith, a carpenter of Lincoln avenue, Takoma Park, who was found by a representative of The Star to- day busily engaged on the construc- tion of a new house for his family, said that for 15 years he had been a Seventh-Day Adventist; that he had been convinced of the truth of Mrs. Rowen's prophesies of the end of the age February 6, but had concluded finally that there was no certainty whatever as to when the end of the world would come. Decides to Be Found at Work. “I gave up my work for a while just as several others who believed in Mrs. Rowen gave up their work,” he said. “But if the end of the world should come tomorrow, I belfeve the Lord would rather find me driving nails and sawing wood and doing the best job I could as a good carpente Mr. Smith emphasized, however, that he still belleves that some day Christ will return to the world, The modest dwelllng of one of the leaders of the Rowenite movement, 1. Aplin, was empty today. He was sald to be somewhere in the city lead- ing cottage prayer meetings with those of his bellefs. The little home, as Aplin has explained, was built for a garage and fitted over into a dwell- ing house. He does not believe, he once explained, .in preparing a big home while his faith indicated the end of the world on February 6. LITTLE GROUP WAITS. Long Island Followers Expect Cloud Chariot Tomorrow Night. By the Associated Press. NEW YORK, February 5—Praying, fasting and singing hymns, 1% Seventh-day Adventists on Long Island today were awaiting the end of the world, which they think is coming to- morrow. They are led by Robert Reldt, who calls himself the “Apostle of Doom.” The party includes men, women and children and a family ~¢ four negroes. Most of them have sold tuelr worldly ~(Continued on Page 4, Column 3.) | 2 college of phar- | was inten- | in the phar-; when the! L1l * WITH SUNDAY MORNING EDITION RENT PROBE UNFAIR REALTORS DECLARE Chairman Ball Included in At- | tack—Stone Asked to Prove | Combine Exists. i = | Scathing denunciatlon of the man- | ner in which the recent rent hearings were conducted and of statements I put in the record by Chairman Ball | was made today in a formal state- | ment issued by the Washington Real | Estate Board, which chaTges unfair | eross-examinations and leading ques- | tions by members of the committee | to obtain “sob” storles. The board | disapproves continuation of the Rent Commission as proposed In the bill reported by the subcommittee. A letter dlso has been -sent Attorney General Stone dem. that the Department of Justice public, “in justice to the memb. the Real Estate Board.” the re ita Investigation of the activi the organization made some tit%3dgo. The board says that a careful study of the recent rent hearing would re- veal a preponderance of “authenticat- ed” evidence to prove that there is no need for rent control legislation. Charges are made t loose, un- official and unproven testimony was admitted, which “seems to have im- pressed the committee more than the careful, accurate and complete sworn testimony that was presented by the Washington Real Estate Board and the Washington Association of Build- ing Owners and Managers.” to ing ake of t of of Object to List of Increases. is_taken to the state- ment of Mr. Whaley contained In a list of 3,680 instances of rent in- |crease. The board states that by ac- tual count only 441 properties were noted in the list. The formal statement issued by the board following a meeting of its executive committee this morning, covering the entire situation and the hearings, reads as follows: “The Washington Real Estate Board is on record as being opposed to any form of rent control legislation. We favor a license law based on the! model law now in existence in 18 States and will support any construc- Exception “(Continued on Page 5, Column 1.) AGRICULTURE POST SELECTION NEARING Several Candidacies Again Pressed on Coolidge—Oklahoman Gains Strength. Indications devaloped taday that President Coolldge was approaching a decision In the selection of a Sec- retary of Agriculture to succeed Howard M. Gore, who retires March 4 to become Governor of West Vir- ginia. These indications newal of efforts on men whose names sented. Senator Curtls of Kansas, Republi- can Senate leader, urged on the Presi- dent today the claims of the two can- didates from his State, J. J. Mohler, Secretary of Agriculture of Kansas, jand William M. Jardine, head, of Kansas Agricultural College. ° ° Supporters of John Fields of Okla- homa have enlisted the aid of several members of Congress frofn :States other than Oklahoma, inclading Sen- ator MeNary of Oregon, ranking Re- publican member of the Senate agri- culture committee, and Senator Phipps and Means, Republicans; Colorado. - EBERT’S KIN DEPORTED. Nephew of German President, Stowaway, Sent Back From U. 8. NEW YORK, February 5 —Willie Ebert, said by Boston immigration au- thoritles to be a nephew of President Ebert of the German republic, who came here as a stowaway last month “to make his fortune,” was deported today on the Albert Bailin. He was apprehended in Boston Japuary 21 in the coal bunkers of the Norwegian freighter Talisman. “I'll earn enough money at home to buy my passage to America,” young Ebert said on sailing. - “Then I'll come back here and make my fortune.” Aboard. the steamer was a staff of United States postal clerks, marking reopening of postal service on the Ham- burg-American line by the United | Btates Government. 3 have led to a re- behalf of several have been pre- | ble - | bis Police Court work. g e ek X ol TROOPS ORDERED OUT IN PHILIPPINE TROUBLE Wood Acts Promptly to Prevent Outbreak Between Tenants and Landowners. By the Assoctated Presw MANILA, February 5.—Gov. Gen. Leonard Wood ordered a company of constabulary troops to proceed to the province of Nueva Ecija because of threatened trouble between landowners and tenants. According to reports from the con- stabulary officers, the threatened trou- provoked by labor organizations which encourage tenants to storm rice plantations and to take by force their share of the crops before settling debts contracted for during growing season. Gov. Gen. Wood declared he believed the trouble in Nyeva Ecija was an outgrowth of the tenant eystem, and also the activity of politicians MMAHON DEFENDS - RECORD AS JUDGE Denies Any Friction With Po- lice, Dry Agents or District Commissioners. Categorically denying every charge that has been made against him and | his administration, Judge John P. Me- Mahon of the District Police Court told the judiciary committee of the Senate today that he could advance no reason for the attack on’ his re- appointment to succeed himself as Judge. The hearing today was the second held by the committee, the first one being last week when opponents of the confirmation of the judge ap peared before the committee. Friends of the judge packed room 2 of the Senate Office Bullding to day. Eleven witnesses testified that Judge McMahon's administration had been one of fairness, courtesy, honesty and efficiency Judge McMahon was the first wit- ness and he read the committee a statement detalling the history of He vigorously denied friction between him and the prohibition department, the Commis- sloners of the District, the vice squad and individual policemen. He said that in his opinion” the Washington Police Department compared favor- ably with any in the country. Senator Means and Senator Cara- Way, members of the committee, asked the judge about cases protest- €d by his opponents at the previous hearing. The judge replied that the case of a raid where a man and woman were arrested and dismissed by him for lack of evidence had better go into the record without having him ex- plain it, due to the large number of women in the room. . Crue of Lansbargh. The Julius Lansburgh case, Judge McMahon explained in detall. He as- serted that Mr. Lansburgh was charged with sale and intoxication. The court’s sentince, he said, was 60 days, after the jury had pronounced him guilty. Many persons, the judge averred, approached him on behalf of the defendant. They were told, he sald, that he could see no way to put Mr. Lansburgh on probation. With the case continued from time to time, Judge McMahon sald that he finally came to the conclusion that Mr. Lansburgh's physical condition was such that he could not survive a term of {mprisonment, and that there- fore he was admitted to probation. Regarding the charge that Mr. Lansburgh had never paid the fine of $100 which was imposed, Judge Me- Mahon showed the committee the in- formation on the case, which bore a stamp of $100 having been paid. Thought Fine Pald. He asgured the committee that he thought the fine had been paid until he read the testimony of the previous hearing. He started an immediate investigation and found that the $100 had been returned to Mr. Lands- burgh through a technicality of law. Senator Means evinced disapproval of professional bondsmen hanging around Police Court. “Don’t you think it is a bad plan to have professional bondsmen in the corridors of the court building,” he was asked. “It is common practige” Judge McMahon. “Doesn’t it bring the court Into disrepute,” insisted Senator Means? “I don’t think so,” said the judge. In the case of Josiah Rosby, colored, charged with selling liquor, and who was set free by Judge McMahon even though it was an alleged second of- " (Continued on Page %, Column 4 replied — = e A BARBER Y E ny Star. “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 the p2pers are printed. Yesterday's Circulation, 103,380 1925 —-FORTY-TWO PAGES. 0ALS N e Al {4 AUTO AND SCHOOL | BILLS ARE READY Committee to Send Measures to H- : to Get Vote Next Monday. Favorable report on the traffic code and on the five-year school building program was ordered today by the House District committee. with a view of getting these two important measures acted upon on the mext trict day in the House, which next Monday Representative Ernest Republican, of Vermont, will write the. report on the school building program, and Reprasentative Henry R. Rathbone, Republiean:-of Illinois, will write the report on the traffic bill. ¢ No change was made In the school building bill, which would authorize an appropriation of approximately $19,000,000, but five amendments to the traffic bill were agreed upon in committee. These are: 1. Provision that where punishment is by a fine only, the jury shall consist of § Instead of 12 jurors, Provision that trucks of more than one ton capacity and passenger vehicles carrying more than 15 per- sons shall not exceed a speed of 15 miles an hour. W. Gibson, Killed. 3. Striking out the provision cover- ing impounding. 4. Provision as written into the Gibson bill covering the deposit of collateral. 5. Curtailing the powers granted the director of traffic to prescribe penalties to be imposed by the court. Two proposed amendments were rejected. These were: (1) Prohibiting the appointment of not more than 100 additional police- men in any one fiscal year. (2) Relieving first offenders from ail sentence for reckless driving. It was the unanimous agreement of the committee that this is a splendid bill, and that nothing must be allow- ed (o prevent its passage to meet an urgent need, but Representative Thomas L. Blanton, Democrat, Texas, reserved a right to file a minority re- port expressing his views on some features of the bill. He promised, however, not to oppose or obstruct passage of this legislation. ‘When Representative Gibson called up the school building program for committee action, Representative Elanton” said he would not oppose this legislation if all of the money (Continued on Page 2, Column 7) LEGISLATIVE HOUSES IN-OUSTING CONTEST New Mexico Members Unseat Op- ponents and Impeachment Charges Follow. Impounding Is By the Associnted Press. SANTA FE, N. Mex, February The Republican majority in the State Senate late yesterday retaliated upon the House for its unseating of three Republican members by unseating two Democratic Representatives, Wil- liam Butler and Joseph Hodges, seat- ing in their places J. ¥. Yeung and J. N. Haight, Republicans. The House immediately instituted proceedings looking toward the im- peachment of Lieut. Gov. Edward Sargent, Republican, presiding officer = of the Senate, on the ground that he unlawfully opened ballot boxes In Rio Arriba County. The crux of the situation preceding the Senate action came when Mrs. R. R. Larkin, Republican House member, was unseated as the third of her. party to be ruled out. TWO CENTS. STONE'S DEFENDERS DRAW WALSH FIRE INBITTER SPEECH Senator Reiterates Charge That Wheeler Case Is Po- litical Scheme. DECLARES FAMR TRIAL . IN CAPITAL IMPOSSIBLE Confirmation of Attorney General as Justice Put Before Sen- ate for Vote. The Wheeler of Montana, General trict of Senator indictment tone is seeking in the Dis- Columbia, came to the fore immediately in the debate on the nomination of Mr. Stone to be asso- ciate justice of the Supreme Court, in open executive session of the Senate today. Senator- Walsh of Montana, friend and attorney of Senator Wheeler, de- clared that: “A political factor exists in the prosecution of Senator Wheeler. “A fair trial of Senator Wheeler in the National Capital may because of the vast influence exerted by the administration here.” Attacks. of whose Replies to Replying to attacks leveled at him- self in the press because of his cross- questioning Mr. Stone at a hearing before the Senate judiciary commit- tee, Senator Walsh read from an edi- torial of the Washington Post en- titled, “Thank God for a Man.” Sena- tor Walsh prefaced his remark with| the statement that he wished to call attention to press articles “evidencing the difficulties under which Senators do their duty.” He described the edi- torial of the Post as a eulo Attorney General and & ¢ of himself. “The Washington Post grievance against me,” said Senator Waish,” referring, although not di- rectly, to the inquiry conducted by him into the alleged loan of $100,000 to former Secretary of the Fall during the oil investigation. And it employes the most noted lampooner in America to attack me.” enator Walsh pictured the popu- lation of Washington as about 400.- 000, one-fourth of whom are engaged in the Government service and at least 90 per cemt of those o em- ployed are looking for promotions or increases in salaries, in his sugges- tion that it would not be possible for Senator Wheeler to get a fair trial here. Says Fair T stigation has its own 1 Difficul sed of mendacity in the editorial referred to” said Senator Walsh, “because I was said to have stated that Mr. Wheeler could not expect a fair trial in Washington, because I suggested that it w unfair to bring a man 2500 from his own community to try him in a case in which the administration has shown interest. “1 was ac The Republican party has long been in power and a large part of the population here is Republican. “There is a political factor in the prosecution wgainst Senator Wheeler. The case was worked up by one Cone. George B. Lockwood employed him to go to Montana to get something on Senator Wheeler. Mr. Lockwood the secretary of the Republican na- tional committee and editor of the National Republican.” Senator Walsh read from the testi- mony of Cone before the Senate com- mittee which investigated the Wheeler case last vear, and quoted him as saying that Wheeler had been attacking the Republican administra- tion and that he was sent out to Mon- tana to find out what Wheeler had been doing. AMdavits Turned Over. Senator Walsh said Cone testified he obtained affdavits in regard to Wheeler and_turned them over to Lockwood. These, in turn, had been turned over to the Department of Jus- tice, Senator Walsh said “There is no man in this chamber," said Senator Walsh, “who does not understand that there would have been no indictment against Senator Wheeler In Montana or in the Dis- trict of Columbia if he had not at- tacked the Republican administration of the Department of Justice, so I make no apology for saying that he cannot get a fair trial here.” “This is not the first time,” contin- ued Senator Walsh, “that the impar- tlality of juries in the District of Co- lumbia has been challenged, particu- larly where a case has political sig- nificance.” Recalls Smith Case. Senator Walsh reverted to the case of Delivan Smith, editor of the In- dianapolis News, which printed an article criticizing the manner in which the Canal Zone was acquired, and who was at that time charged with criminal libel on Theodore Roosevelt. Although the newspaper was published in Indiana, some of its copies came into the District of Co lumbia, and it could be indicted here on that ac- count. Senator Walsh said that Judge Anderson in the United States court in Indiana had vigorously resisted this suggestion and his decision had been against the trial of Mr. Smith in the District of Columbia instead of in Indiana. “The counsel for Smith harsh things than I have in regard to attempting to go to trial in the District of Columbia, (Continued on Page 5, Column 5.) said more ever said Son of Lest Adventurer Reported By the Associated Press. JACKSONVILLE, Fla., February 5.—Police today were asked to as- sist St. Augustine police in ap- prehending & man who yesterday was reported to have ‘kidnaped Jack Nutting, aged 12 years, son of Capt. William Nutting of New York City. Capt. Nutting was lost last Sep- tember in the Arctic while in com- mand of an expedition. Mre. Nut- ting and her gon were in St. Au- gustiné to spend the Winter. NEW YORK, February 5.—Jack Nutting, 12-year-old boy reperted Kidnaped by Man in St. Augustine kidnaped in Forida, Is the son of William Washburn Nutting, com- modore of the Cruising Club of America, who has been missing since September 8, when he sailed with three companions from Reyk- Javik, Iceland, in the 40-foot sloop Lief Erickson to follow the trail of the Vikings. Friends here described the boy as affected by the wanderlust which gripped his father, and said the lad had occasionally departed from home for short excursions. Mrs. Nutting remained here after the disappearance of her husband until> January 5, when she left, with -Jack and Lea, a daughter about-5 years old, for Florida. Attorney | not be had! ¢ of the Interior | uld be | miles | is | was held that Smith | NAVY OFFICER GAG INAIRCRAFT PROBE - DENIED BY WILBUR Curbed Only to Extent of Guarding Military Secrets, Committee Is Told. FEAR OF DEPARTMENTAL DISCIPLINE IS BASELESS Moffett Declares Nothing in Testi- mony Me_n'ts Alleged Threat of Removal. The House alrcraft committee sidering charges that Army and Navy | officers are gagged by their superi on questions of military policy, was informed by Secretary Wilbur today that naval officers are free to express their views fully ‘I wish to assure you,” the Secre- tary said in a letter to Chairman Lampert of the committee, “that thes |are perfectly free to state fully and fairly all facts within their knowl- jedge not of a confidential or secret character, and to fully express their opinions on any matters into which your committee desires to inquire Three Fear Discipline. terday the committee by Representative Perkins, Repub- lican, New Jersey, that three naval officers had asked to be excused from testifying because of a fear of dis- ciplinary measures, and that he had been informed that Rear Admiral Moffett, the Navy's chief of aero- { nautics, might lose his post because of his persistent efforts for a larger {air force. Mr. Wilbur's letter was placed be- | fore the committee at a session called | to consider a resolution which would express dissent from any plan to de- {prive Brig. Gen. Mitchell of reap- | pointment as tant chief of the {Army Air Service. The reappointment | is being held up by Secretary Weeks i ng an explanation of some of | neral's statements on aviatio Y was told Says Fear Unfounded. After referring to the | namea Navy three un- officers who were said to have asked that they be not sum- moned, Secretary Wilbur's letter said “I wish to assure you and the mem- | bers of your committee that the fears of these officers, as thus expressed, jare entirely unfounded. Nuval offi- cers are constantly appearing before | the committees of Congress, and are fully advised as to their duty to tes- tify fully and completely to the truth, the whole truth and nothing but the truth in response to the questions of congressional committees or members thereof.” “Of course, naval officers, like law- j vers and doctors. have confided 1o them certain confidential information which cannot be released by the: without violating a fundamental duty of their confidential position unle-s such information is given with the onsent of the department. Says Opinions Unfettered. If officers are asked their | personal opinions as te matters con { nected with the service, they are per- | fectly at liberty to state those opin- lions, ‘even though they be at variance | with the plans of the department. It is important in such cases, however, | that it may be made clear by the [ Nitness that he not givinz the | is judgment of the department but his own opinion, and this not because of any obligation on his part tc maintain the same opinions as these by his superior officers but h ought mnot even infer- entially to deceive the committee by | leaving the impre=sion that the vie he is expressing are the views of the service | “If your committee is interested in | the testimony of these officers or de- ires to ascertain their opi n upon !the questions involved in your inv | tigation, 1 wish to assure you and such officers through you that they |are perfectly free to state fully and fairly 1 the facts within their | knowledge not of a confidential or se- cret character, and to fully expr, | their_opinions on any matters into which your committee desires to in- | quire.” Rear Admiral Moffett knows of | nothing he has said in testimony be- ! fore the House committees that would | warrant such punishment. Moffett Satisfied. ‘While refusing to on the three-cornered row between Gen. Michell and the Navy and Gen Mitchell and the general staff, Ad- | miral Moffett let ix be known that the Navy's argument is being handled very satisfactorily by the Navy De- partment and that the subject is out of his jurisdiction { ©On the other hand it was strongly { emphasized at the Bureau of Aeronau- tics that there is no rift between Admiral Moffett and Secretary Wil- | bur or the general board and it was | explainea that the persons “outside f the Army or Navy"” who furnished information regarding the proposed disciplinary steps to Representative | Perkins based their Jem.ictions an the fact that there Is petty jealousy existing between the Bureau of Aero nautics’ chief and several high rank ing naval officers over the former's successful efforts in getting naval aviation before the public constantly, while the other bureaus of the de- partment fare not so well in the mat- ter of pulicity. comment today | Jealousy I Seen. When Admiral Moffett took charge of the bureau about four years ago | the American public did not know there was such 3 thing as naval avia- tion, it is claimed. Through his ef- forts a campaign of education was launched and has been carried out successfully to the present time. On more than one occasion Admiral Mot- fett has been accused of “playing to the grandstand” and resorting to other methods of educating the public to the value and need of naval avia- ' tion. This, therefore, is claimed to be what might be characterized as a “social” jealousy. Admiral Moffett's term as chlef of the bureau expires the 1st of July, ending four years of service. No in- timation pro or con has been received | by n on the question of reappoint- ment, this being due, it was explained. that Secretary Wilbur's cabinet term expires March 4 and he must first be sure that he will begin a new admin-) istration on that date before he takes (Continued on Pags 4, Columa 1)