Evening Star Newspaper, June 21, 1925, Page 2

FENNIG DENES SULLVANISTOGD Declares He Knows of No Plan to Retire Superin- tendent of Police. Persistent rumors that Maj. Daniel Sullivan, superintendent of police, now recovering from a serious ill- ness, will be retired shortly failed of confirmation yesterday by the one man whose province it would be to recommend this action—Police Com- missioner Fenning. On the eve of his departure for a two weeks' rest in Maine Commission- | er Fenning declared he had heard of no movement to Tetire Mz illivan and added that he, personally, contem- plated no such move. Tt is known that Commissioners Ru- dolph and Bell regard Sullivan very highly and would no doubt vigorously oppose any suggestion looking to h retirement at this time. With the at- titude of the new Commissioner made public, the possibility of early retire- ment of, the police chief appears re- mote. Many Urge Change. Despite the evident intention of the Commissioners to retain Sullivan as head of the police department, a num- ber of letters have been received at the District Building from influential persons recommending the promotion of various police officials to the super- intendency. To all of these the same! veply has gone out, viz., that no cancy in that office exists. Reports that Sullivan was to be re- tired gained credence following the recent shake-up in the police depart- ment ordered by Commissioner Fen. ning and involving the demotion of Tnspector A. J. Headley, his replace- ment by Inspector E. W. Brown, pro- moted in rank for the purpose. and the shifting of commands in three precincts Sullivan Soon to Return. If Maj. Sullivan himself take the initiative and asks for the Commis- sioners to retire him, a_different light is thrown on the question. But Maj. Sullivan has no idea of requesting re- tirement, in the near future at least He is rapidly recuperating from his {llness and expects to resume active charge of the police department just as soon as his physicians will permit him to do so, which will be in about three weeks, it is believed. The police superintendent has been keeping in close touch with his asso- ciates at the District Building during the period of his recovery and was consulted by them before the recently announced promotions to the detective bureau were recommended. Maj. Sullivan is now able to get about the house and has gained 10 pounds in the past five days, his physicians say. RACING RUM AUTOS LINK CAPITAL WITH COUNTLESS STILLS (Continued from First Page.) County. Through Brvantown to Hughesville they searched unsuccess- fully, although the pungent odor of | smoldering rubber mixed with sour | mash in the process of distillation told them that the stills were in operation somewhere nearby in the dense woods. Turning sharply to the right at Hughesville, they followed a road that ended in seven miles on the banks of the Patuxent at Benedict, a popular resort patronized principally by resi- dents of the District—at least the majority of automobiles there at the time bore District identification tags. Returning to Hughesville, the investi- gators continued their quest along the Leonardtown pike, going as far south as the thriving little county seat of St. Marys County. Retracing their route as far as Waldorf, they turned back into the main highway and head- ed for La Plata. From this point they went to Morgantown, on the Potom: and en route back to the city deviated seven miles into the wooded area be- tween the highway and the picnic grounds at Chapel Point. Burn Rubber as Camouflage. Everywhere over this wide and sparsely settled section were mute evidences of moonshining. The at- mosphere was charged at different points, especially near the swamps, with that peculiar mixture of rubber and alcoholic fumes. Natives along | the highway were not hesitant in in- forming the investigators that the moonshiners burn rubber while their | stills are in operation to kill the un- mistakable odors of alcohol. Narrow roads, cut through dense woods that lead only to the border of the gloomy swamp lands, could serve no other purpose than to form an artery to the liquor caches for the rum runners While the moonshiners keep them- selves and their unlawful activities carefully veiled behind the heavy wooded curtain that parallels the main highways for many miles, their agents, who can be found in virtnally all of the small towns, are more open in their affairs. These agent: the outlook constantly for pre rum runners. They will even accom- modate a thirsty wayfarer with small quantities at wholesale price: Find Brazen Dealers. But some of them are suspicious, and instinct, perhaps, tells them to be on their guard for revenue men. Others, however, seem to have no fear of the law or the prohibition enforce- ment officers. In virtually all of the little towns passed through on the 300-mile jour- ney the investigators stopped ~and Qquizzed natives about the drought that has hit the southern Maryland coun- try (it hasn't rained there for a month), politics, prohibition and ul- timately the chance of procuring liquor. ~ The natives were well versed on all of these subjects. While they indicated by loquaciousness that the Jack of rain and the effect on crops was the most desired topic of conver- sation, they frankly admitted that liquor could be bought in any quan- 1ity desired if one “knew the ropes.” Several volunteered to procure it. The investigators were mistaken in several instances for revenue men, and the natives gave them a broad smile that bespoke fgnorance to any thing alcoholic. One boldly asked the investigators if they were op- erating out of the Baltimore or Washington office of the Internal Revenue Bureau. He likewise ad- mitted as courageously, despite his suspicion, that he sold liquor to per- sons he knew, but took no chance on a stranger. Promises to Get Liquor. While the investigators conversed with this native, another, who had been listening &xem behind a door of a house near the scene, joined the group and promised to procure the liquor. “I'll get you all the liquo he told the investigators. * are revenue men, I'll take a chance. The investigators admired his spirit of bravado and decided to test it. They ordered a half a gallon of rye whisky ‘The bootlegger disappeared behind a silo In & nearby field and returned with a half gallon fruit jar filled with a clear amber colored fluid. § belief that | and his newly Buttercup Shade, Found in Virginia Remarkable Specimen Turned Over to Museum as Scientists Ponder. A yellow bullfrog, considered one of the ‘most remarkable natural curi- osities collected in this part of the United States for years, is swimming about in a tub of water in the herptology laboratory of the new Na- tional Museum, while scientists pon- der on how he happened to be. “Buttercup,” as the new pet is known to the attendants, was sent to the museum a few days ago from Hampton Roads, Va., where he was observed accidentally and captured. The bullfrog is not a greenish yel- low but a pgle buttercup yellow. He is in the custody of Miss Dorls Cochran. A wire screen over the tub protects him from the fingers of the curlous. Museum ientists incline to the Buttercup” is an albino, but he has not the pink eyes ardi- narily associated with albinism, and his sight seems fairly good. Most of the time he keeps his eyes closed, but when he condescends to lift the lids the eyeballs are brown. The frog is of ordinary size and seems fairly active. TRADE COMMISSION T0 LIMIT AGTIVITIES Law Effective July 1 Sets Up New Requirements for Federal Inquiries. By the Associated Press. The Federal Trade Commission yes- terday made public the order under which it has mapped its future course with regard to investigations request- ed by congressional resolutions. The order was addressed to the members themselves and called their attention to provisions of the law, which be- comes effective July 1, declaring that no part of the commission’s funds shall be expended for investigations requested by only one branch of Con- gress unless an alleged violation of the antitrust laws is involved. It also placed upon the individual mem- bers the responsibility of deciding what investigations should or should not be pursued. In dissenting, Commissioners Nu- gent and Thompson objected to the commission holding its employes re- sponsible if improper expenditures are made, and held that the commission itself should specify which investiga- tions should and should not go on under the provisions of the bill. Officials Differ. Commission officials are at odds as to how to distinguish a proposed in- vestigation involving an alleged viola- tion of the Sherman law from other inquiries asked by Congress. Some officials called particular at- tention in_ connection with the new order to the recent speech made by Commissioner Humphrey, in which he declared that he could not understand how the commission could investigate everything that relates to a great in- dustry “without specific charges or |reason to believe that violation of the anti-trust act would be disclosed.” Others professed to see in the order an effort to eliminate the economic work of the commission, leaving its work almost entirely in the legal field of anti-trust law enforcement. Those who hold to this belief also contend that the commission’s economic work and its efforts to disclose law viola- tions are so closely related that one cannot be eliminated without almost destroving the commission’s power in the other. Those favoring the newly adopted course believe the commission’s work will be applied more directly to anti- trust law violations. They declared that the order merely shows that the commission is trying to obey the law. — e was genuine, though green. It is the brand of whisky that the rum run- ners are hauling into the District by the hundreds of gallons. MAkes Price “Right.” This agent volunteered to furnish the investigators with liquor at any future time in any quantity. A spe- cial price was quoted on five cases or more. The price on southern Maryland moonshine varies according to the brand. gallon and corn $5. These are the prices quoted by the bootleggers, but the distillers, it is said, sell it direct to the rum runners as low as 33 a gallon. If one is incluined to dicker over the price, however, the bootlegger, rather than lose a sale, will usually cut his original quotation as much as 50 cents on the gallon. Problem for Police. The apparent safety with which liquor is distilled in the southern Maryland swamps, the freedom with which it is sold there and the speed and daring of the rum runners who haul it into_ Washington all combine to present Capt. Guy E. Burlingame created rum squad with a difficult and exceedingly se- rious problem. The rum squad under Capt. Bur- lingame, however, has functioned ef- fectively during its short life and won commendation from _Comminsioner Fenning and Acting Chief of Police Evans. The squad was organized by Com- missioner Fenning chiefly to stop the flow of illicit liquor into the District from the Maryland roads. and the seeming impossibility to check it at the source has thrust upon Capt. Burlingame a task of enormous mag- nitude and responsibility. HILL PLANS PROTEST. Says D. C. Police Invade Maryland as Dry Agents. Special Dispatch to The Star. BALTIMORE, Md., June 20.—Presi- dent Coolidge may be asked to stop District of Columbia policemen from making _reported liquor raids in Maryland. “T am going to do everything pos- sible, even if it means presenting the case to the President,” Representa- tive John Philip Hill said, just before leaving to spend the week end at his Summer home at Ocean City. “It is the most outrageous action vet perpetrated in the mad efforts to enforce the dry law by hook or crook.” Hill charged dry officials with systematically trying to confuse State and Federal powers in the minds of the public. “In this case,” he said. “They are trying to make people think it is the Federal Government which is coming into Maryland in search of dry law violators. “‘Before I take your money I want you to sample ii,” he said accomo- datingly. “I don't sell anvthing but firstclass whisky.” The sampls proved that the liquer [ of Columbia is governed by Congress, but it is purely a State agency. Dis- trict police are not working for the Fetliernl Government, but for a State unit.” Rye whisky is bringing $8 a | That is not so. the District | . THE BUILDING SOUGHT Officials to Appeal to Con- gress for Larger Quarters to Relieve Congestion. BY GEORGE ADAMS HOWARD. Believing that the present Police Court located at Sixth and D streets is totally inadequate for the needs of the National Capital, officials of the court will petition Congress at lits next session for a new building, suitable in size and commensurate in architecture with other -buildings in ‘Washington. Announcement to this effect was made exclusively to The Star yester- day by court officials in effort to obtain public support of the plan. When Congress passed the traffic act and provided for the appointment of two more police judges, it was thought that the existing congestion would be eliminated. Officials of the court were not satisfied, but, never- theless, resolved to give the new pro- visions fair trial. Although many hearings had been held previous to the adoption of the act, during which the actual needs of the courts were presented, these needs were overlooksd in the final outcome. Now after several months' trial with the four judges presiding al- ternatively over the three courts, it is declared to be a necessity to the welfare of the city for relief in the near future. Officials of the court, who so believe, include the judges, assistant corporation counsel and clerks. Traffic Court Cramped. To begin with, according to them, the present courthouse began to function in 1908, when the population of the city was about half its pres. ent number, and the automobile and Pprohibition problems were unknown. A short time ago a chart was pub- lished in “The Star showing = the growth of business in the court dur- ing the last 15 years. Yet, it is shown, the courthouse stands today practi- cally unchanged. with the exception of one small room being turned into a traffic court. This room is jested about by all members: of the police and legal fraternity in the city. The fault, however, does not lie 'with its planner; it is the best that could be done with existing appropriations. It is so small that at times it can- not adequately hold the witnesses in one case. Consequently other defend- ants and policemen are scattered all over the courthouse, necessarily de- laving the hearings of following cases. The additional judges have helped, but the' congestion is still far too much for them to cope with. With few exceptions the same personnel that | conducted business for the two judges | try to conduct the business for the four. Rooms have been changed around to give more space for this work. but only as much as the exist. ing floor space of the courthouse al- | lowed. Every morning the courts are crowded. Not only are the courtrooms crowded, but the corridors and even the stairways as well. Signs of “No parking in the hallways” are laughed at. There is no other available place. Voices of bailiffs that used to proclaim ‘Don’t congregate in the hallways! are stilled now. Out-of-town residents who have cases in court are amazed at the con. ditions. Even in the small towns that many hail from the courthouse is not | only adequate but a source of pride | because of its appearance I Officials Complain. | Judge Gus A. Schuldt in comment- | ing upon the matter deplored the pres- ent conditions. A plan of his is to | turn over the courthouse to the Police | Department for a headquarters and | abandon their present one in the Dis trict Building. “I only wish that enough members of Congress could visit the court for a day.” he said, | “for then I know something quick { would be done.” One of the assistant United States attorneys stated that the various | branches of the Police Court should be completely divorced from one an- other. He particularly pointed out that under the new traffic act some of the traffic charges had to be tried by the United States branch instead of the Traffic Court. “That means said, “that I have to leave my regular routine work to go into a purely traf fic case that is purely a municipal matter.” Frank A. Sebring. clerk of the court and probably its oldest emplove in point of service, declared that mat- ters were only getting worse. Accord ing to him there are about 60 persons on the pay roll, which is a very slight increase in the past decade. Ve must have better facilitles for carry- ing on the work of the court,” he said. “It is utterly ridiculous to sup- pose that the affairs of a city as large successtuily {as Washington can be handled in this building.” BONUS CERTIFICATE LOANS ARE PROBED; CASE RAISES ISSUEi (Continued fr, loaned out between $8,000 and $9,000, charging an initial fee of $7, and an additional cost of $25 “for four months’ interest.” Under the law, as explained fully by the Veterans' Bureau prior to issue of the certificates, no money can Jegally be loaned on the certificates except through a national bank, and then not until after January 1, 1927, when the first loan of a small per- centage of the face value can be made. So far as could be learned last night no instances of soldiers sacrificing their certificates here for immediate cash or loan had come to light. The whole question of the possi- bility of exploitation of the soldier bonus may be raised by the San Antonio case, according to some un- official opinion in Washington last night. No one was willing to venture a definite opinion as 0 how far, the San Antonio case may go In testing the many questions which must be de- cided sometime, perhaps in the courts, concerning the value and transfer of the soldier bonus certificate. The law was drawn in such fashion, according to its proponents and officials in the Veterans’ Bureau, as to give the vet- erans and their dependents the max- imum of protection. How far that protection will go in actual practice, however, when the veterans get hard pressed for cash and money lenders are eager to speculate on such Gov- ernment paper, remains for the future to work out, according to some of the best opinion available here last night. RELEASED ON BOND. John P. Forrest, Charged With Tak- ing Excess Interest. SAN ANTONIO, Tex., June 20 (#). —John P. Forrest, money lender, charged with violation of the world war adjusted compensation act, was released on $750 temporary bond to- day by United States Commissioner R. L. Edwards pending an examina- tion trial set for Friday. Forrest is charged with unlawfully SUNDAY STAR, WASHINGTON, D. C, JUNE -21, JURY FINDING MAKES EDUCATOR LAWFUL HUSBAND OF 2 WOMEN Annuls Divorce Given Fo rmer Columbia University Professor After He Had Taken Another Wife. His Status Is Declared Not Bigamous. Special Dispatch to The Star. NEW YORK, June 20.—As the re- sult of a jury’s verdict recorded in Supreme Court today Charles Miller, head of the Miller Institute of Short- hand, is the legal husband of two women and yet is not a bigamist. __This anomaly results from a decree of annulment granted by the court and then withdrawn after Miller had married another woman. Unless the wives take some getion, Miller can v married to both women, since is separated from the first Mrs. Miller. Miller's last marital venture is real- Iy his third, his first wife having di- vorced him in 1917 in Brooklyn. F bidden to remarry in this State, Miller went to Stamford, Conn. He lived with Mrs. Rebecca C. Miller, his sec- ond wife, until August, 1923." During this time he was a professor in the School of Business at Columbia Uni- versity. The couple separated, and in September, 1923, Mrs. Miller sued him for separation and support. Miller opposed the suit and started annulment action, alleging that his wife had deceived him as to her phys- ical condition. . ‘The attorneys representing Mrs. Miller failed to oppose the suit, be- lieving the separation suit would be decided first. It wasn’'t, and in No- vember, 1924, Miller got an interlocu- tory degree of annulment by default. At the end of three months the de- cree became final, apd the following day Miller married Julla M. Ennis, a teacher in his shorthand school. Mrs. Rebecca Miller's attorneys brought the matter before Justice Mullan, who decided Mrs. Miller No. 2 never had the day in court to which she was entitled. He set aside. the decree. Miller appealed in vain. The reopened annulment suit was set for trial. The suit was tried this week before Justice Wagner, and the jury found for Mrs. Miller, whose suit for separation now will go to trial. FENNING INVITES AID OF VETERANS Tells Spanish War Survivors City Needs Their Support to Deserve Nation’s Pride. The District of Columbia is not a mere collection of half a million people, but is on a pedestal where everybody in the United States ob- serves what is going on, Commis- sioner Fenning told the twenty-sixth annual encampment of the United Spanish War Veterans of the Dis- trict of Columbia yesterday at Pythian_Temple. The Nation,” said the new District official. “regards us as people - en- trusted to care for their Capital. They will speak of Washington with pride: as having a_police force second 10 none, a fire department noted for its efficiency and a public health service which will be famous for its accom- plishments.’ The Commissioner told the veterans ve must have in mind constantly that we are serving the people all over the country. We can only do so with the co-operation of all good citizens. The Commissioners appre- ciate that in their various capacities they cannot satisfy all the people, but they are trying to do the best for the city and incidentally for the country. “We look to organizations such as Yours—organizations composed of men who respond to the call of the colors— for support because you have feet on -the ground.” he continued “We do not depend on support from people up in the air—their_support is sporadic and unreliable. Try to up- hold our hands and go forward with us for the city and the Nation.” Officers Are Elected. Clarence A. Belknap, senior vice commander in the line of officers, moved up to the rank of commander of the District department, succeed- ing Arthur H. League, retiring de- partment commander. who presided at | the afternoon and evening sessions Other officers unanimously elected for the ensuing year are: E. J senior vice commander; Albert Mich- aud. junior vice commander: Willlam P. Davis. department inspector: Dr. Albert W. Evans, department surgeon James A. Burns, department judge advocate; Charles F. Young, depart ment chaplain, and James E. Wilson, | department marshal. Harry B. Coul ter, adjutant, and Joseph J. Harvey, quartermaster, were reappointed to their offices for the third consecutive vear. Following Commissioner Fenning’s address, Gen. Winfield Scott, the new commissioner of pensions and past commander of the department of Oklahoma, + Spanish War Veterans, { urged the enlargement of the organi-| zation's membership. Gen. Scott_said there are more veterans of the Span ish-American War outside the organi- zation than in. and if all joined the ranks it would be easy to obtain legis- lation providing adequate and equal pensions to veterans of all wars. Judge Hosia B. Moulton, com- mander of the Department of the Potomac, Grand Army of the Repub- lic, and Frank Peckham, commander of the District of Columbia American Legion, also addressed the encamp- ment. ' Judge Moulton thanked the Spanish War Veterans for the “great assistance” they gave the Grand Army in promoting Memorial day and said the efforts of the organiza- tion in collecting money and per- forming other duties, surpassed the work of all others combined. Defense Day Indorsed. Resolutions indorsing _ Defense urging the personnel classifica- tion board to make public the ratings of Government employes and ap- proving the Executive order giving Federal workers the right of appeal from the head of the department to the personnel board, were adopted. Committee reports showed the de- partment to be in a better condition financially and numerically_than last year, and it was agreed Washing- ton should be represented by the na- tional encampment of the veterans, in St. Petersburg, Fla., in the Fall by a large delegation. Auxiliary Elects Officers. The Women's _Auxiliary of the United Spanish War Veterans held its annual convention in the temple at the same time and elected the fol- lowing officers. President, Frances vice president, Edna junior vice president, Mary Hohey stein; chaplain, Margaret Phillips; historian, Kate Boss; judge advocate, Lydia A. McLaughlin; patriotic in- structor, Louise West, and council members, Bertha Cook, Bertha Wilk- erson, Margaret Burns, Rose Vernon, Alice Fletcher, Catherine Huhn, Jane Hudlow, Louise Moore: musician, Nel- lie Kulle, secreta Katherine Treague; treasurer, Cora M. Campbell. Antos; senior . Summerfiel accepting certain adjusted service cer- tificates as collateral for loans and charging more interest than is pro- vided for in the compensation act. The certificates are alleged to be in the names of numerous veterans. Edward Tyrrell of the United States secret service department was in pos- sesslon of 235 certificates today of the redemption value of approximately $250,000, which he said he had seized in Forrest's ,office. The certificates, Tyrrell declared, were security for be- tween $8,000 and $10,000. which had been lent to veterans. Power of at- torney blanks signed by various war veterans together with bills of sale signed in blank by veterans were also in the possession of Tyrrell. The complaint is the first filed in the United States charging violation of the world war compensation act, John D. Hartman, United States at- torney, said. both | Nolan, | HOSPITAL DETAIL -~ OF POLICE URGED Delayed Report of Ether Blast Renews Issue. Nurse May Die. Following revelation yesterday of a possibly fatal accident which occurred five days previously in the operating rooms at Homeopathic Hospital, Sec- ond and N streets, and which was not reported to the police, Acting Superintendent of Police Evans and Chief of Detectives Grant last night considered steps for “better co-opera- tion” between hospital and police | authorities. As a result of the accident, which was due to the ignition of ether being carried by an orderly, Miss Lois Bow- ers, 20-year-old student nurse, lies at the point of death at the hospital from |frightful body burns, and Charles Wallace, the erderly carrying the can of anesthesia, is recovering from se- vere burns on the hands and lower arms. The can of ether burst into flames as it came near a ster & machine Enveloped in the blaze, the orderly dropped the can on the floor just as Miss Bowers was approaching. In an |instant she was wrapped in a sheet of flame. Her agonizing cries brought attendants to the scene in a few seconds. and the blaze soon was smothered in wet blankets. Tried to Withhold Information. The hospital authorities failed to report the actident to the police, and attempts were made at the hospital for a time vesterday to keep any in formation from the public, until mem- bers of the hoard of trustees were approached. “Co-operation between 'police and the hospital authorities.” Tnspector Evans said, “would expediate investi- gations in many instances.” During a long period of yvears it was the practice of the Police Depart- ment to keep a_ policeman detafled at Emergency and Casualty Hospitals, and during that period work in cases of violence, many of them homicides, was expedited, and in some {nstances it is stated, prompt solution of mys- teries resulted. When Raymond W. Pullman be- came superintendent of police he abolished the details, greatly hamper- | ing police work in many cases of vio- lence. Two of the older men in the department, one incapacitated by rea- son of age, filled the details, and not only were they of assistance to the police and detectives investigating cases, but they also were of Inestima- ble assistance to families of persons affected. The men filling the hospital details dealt with all cases in which persons were brought in for treatment for wounds or injuriex. and it was due to their prompt work that many dis- | tressed persons learned of accidents {10 loved ones and were able td reach them before they died. Want Detail Renewed. Numerous times since the hospital details were witndrawn, it is stated, the question of renewing them for the benefit of the department and residents of the city generally has been called to the attention of police officials, but with the result that the details were not restored. Inspector Evans admitted that such details would be beneficial to the de- partment, but said he was certain the department did not want to restore the details at this time. | “It_would ba dificult to spare twe men,” the inspector said. “The men are needed on the streets.’ Numerous instances of delay in re- porting cases of violence are recalled by the police. No particular record was made of them, however, but pe- lice know of instances in which wound- ed persons were. kept in hospitals fully two days before their presence was reported. It is also recalled that numerous instances of persons severely injured by automobiles were in hospitals many hours before the police knew anything of them. TUnder the present method, it is pointed out that motorists might fatally injure an individual under cir- cumstances which would render him liable to imprisonment, and tmight | throw aside the liability by dumping | the victim at a hospital door and leav- ing withont disclosing hix identity. | $165,000 WON BY HEIR. William D. Mann, 24, Gets Deci- sion in Fight Over Estate. NEW YORK, June 20 (P).—A set- tlement of $165.000 in an action brought by Willlam D. Mann, 2d, nephew of the late Col. William D. Mann, former owner of Town Topics, against George E. Holbert, present head of the publication, was approved today by Supreme Court Justice Tierney. Mann, son of Eugene D. Mann, founder of Town Topics, was adopted in 1924 by his cousin, the late Mrs. Emma Mann-Vynne, Col. Mann's daughter, who named Holbert as trustee in her will. In his suit con- testing the will Mann alleged that his foster mother was in poor health when she made the wiil dividing her estate valued at $260,000 among charitable institutions and relatives, and was under Holbert’s influence. Pullman Passengers Robbed. HAVANA, June 20 (®).—Two armed men forced their way into a Pullman on the Cienfuegos-Havana line early this morning and stote several hun dred dollars from sleeping passengers. When discovered by a brakeman they tried to overpower him, but, being unable to do o, they jumped from the moving train. 1925—PART 1. FLOGEING. ORDERED Gov. McLean to Send State Expert to - Investigate Whipping in Camps. Special Dispatch to The Star. RALEIGH, N. C., June 20.—Charges of flogging prisoners in North Caro- lina convict camps, which less than two weeks ago brought: 20-year sen- tences to two guards eonvicted of brutality,. today brought Gov. McLean to the.point of ordering a thorough investigation. The governor reached his decision after a conference with several other State officials.. The inquiry will be made by an expert from 'the State Board of Health, who, for purposes of the investigation, will be placed with the State department of public wel- fare. The State's violent protest against convict flogging is the result of the disclosures in Rocky Mount prison camp. Judge Led Fight. Judge N. A. Sinclair of Fayetteville, long recognized for his independence, took the case in his own hands and, overriding all opposition, kept at the fight until the convicted floggers were sentenced. He did not stop there, but immediately resumed his combat with State authorities to force the investi- gation which developed today. Judge Sinclair’s fight now is for his contention that flogging in prison camps must be abolished voluntarily or be prohibited by law despite a recent ruling of the State’s attorney general authorizing the practice under specific conditions. Today, in Williamston, he issued an open letter to the citizenry of the State in an effort to save time by tak- ing the issue directly before the people. Personally assuming the leadership in an effort to destroy this “relic of barbarism’ in the penal system of the State, Judge Sinclair has brought him- self into direct conflict with Attorney General Dennis G. Brummitt and As- sistant Attorney General Frank Nash. Will Disregard Ruling. Mr. Brummitt and Mr. Nash ruled recently that under the laws of | North Carolina the board of county commissioners of sach county ean | establish its own rules and regula- | tions permitting or prohibiting flog- ging of prisoner: Judge Sinclair holds this is a misinterpretation of the court decisions on which Mr. Brummitt and Mr. Nash base their | argument H In his open letter to the public, Judge Sinclair notifies Mr. Brummitt that he will disregard this ruling and also will ignore all local statutes cir- | cumseribing the powers and functions | of his court He called attentfon 1o the fact that two prison guards recently were con victed for murder and sentenced by him to 20 vears in the State peniten- tiary, and that other guards are under indictment since the crusade began two weeks ago. Then, in his open let ter, he called on the mass conscience of the State to awaken to brutalities practiced within its borders. The issue is the result of the killing | by two prison guards of an idiot negro convict sentenced to the Rockymount prison camp for trespessing on rail road property. The negro. Joe Arm- strong, was beaten with tlubs for a half hour early in June by W. C. Gulley, -foreman of the Rockymount road district convict camp, and R. V. Tyler, a guard:: M. H. Byrum, super- | intendent of the camp, was absent at | the time. Ordered Arrest. Judge Sinclair read of the crime at his home at Favetteville. Immedi- | ately he telegraphed Don Gilliam, so licitor for Martin County, to arres the murderers and to hold them without bond until his arrival at Tar- boro. Then Judge Sinclair hurried to the scene. ‘Without authority for his action he demanded that Byrum resign im- mediately. Having adjourned court! several days previous, he immediately ordered the Edgecombe County grand jury reconvened. Then occurred what Seemns to have been about the speediest trial in the history of the State. On the morning of June 8, the grand jury met, heard testimony and in- dicted Gulley, Tyler and Byrum. A capias was issued for Byrum's ap- pearance in court. Sheriffs reported he could not be found. In the afternoon Gulley and Tyler| were brought into court charged with manslaughter, testimony heard and, although they begged the mercy of the court, were sentenced by Judge Sin- clair' to 20 vears -each in the State | penitentiary, the meximum sentence for the crime. Late that same day the men started to the State prison to be- gin their terms. ‘When court was adjourned. Byrum was located. Prosecuting authori- ties state he was in hiding. fearing to be brought to trial in Judge Sin- clair's court. He will be brought to | trial at the September term of court, when Judge Sinclair is presiding in another district. But this was merely the beginning | of an exposure that Jjolted the citizenry into a realization of actual! conditions. The grand jury was or- dered by Judge Sinclair to continue its investigation. Rockymount has three prison camps. The town is in both Edgecombe and Nash Counties. Each has a camp. The town has one of its own. To provide against tech- nicalities, Judge Sinclair convened the Nash grand jury and two inves- tigations proceeded. Prisoners Allowed to Talk. With Byrum out of his post. guards and prisoners for the first time were at liberty fo talk. Their testimony before the grand jury resulted in nine indictments being returned ‘against Byrum on charges of assault. Last July a nergo prisoner wax killed by a guard.., A coroner's fury returned a_verdict of Killing in self- defense. Testimony given at the in- quest proved the negro had attacked the guard with a knife and the guard resorted ~to his - pistol. With the prisonerx now speaking freely, this: verdict has been reversed and the guard charged with murder. The grand juries are still investi gating. And as Judge Sinclair makes his judiclal tour of the State he will instriict grand juries, as he has been doing since taking his place on the bench two and a half years ago, to investigate these camps and ‘return true reports, no matter ‘who may be affected. ~#le will. personally lead in the probes. .’ o 3 ““This relic’ of “barbarism must’ be thrown out of our State,” he said to- day, “It can not. existi.it must not exist. Long have 1 had ‘a suspicion that sueh brutality was bemg prac- ticed, but I'could never lay my finger on it. Now I have succeeded.” —— e MAN, 99, GETS $3,000,000. Pioneer in Mine Section Inherits Estate of Brother, 104. SPOKANE, Wash., June 20 UP).— John Hackett, aged 99, a pioneer of the Coeur d'Alene mine district, has recelved word of an inheritance of an estate of $3.000,000 from a brother in Venezuela, information received here GUILTY IN MAIL THEFT Postmistress and Daughter Paroled for Two Years—Son Gets Year in Prison. By the Associated Press. PITTSBURGH, Pa., June 20.— Three members of one family pleaded sullty in United States Court today to violating the postal laws in connec- tlon with the embezzlement of approx- imately $4,000 from the Reynoldeville, Pa., post office. Mrs. Bertha Icke postmaster, and her daughter, Joseph- ine, assistant postmaster, were each paroled for two years, and L. C. Ickes, a son, was sentenced to one year at Atlanta Penitentiary. The money, it was testified, was £lven to Ickes in the form of money orders in the belief that he would use it in perfecting an automobile device. Instead, it was said, he bought a car and went to Kansas City, Mo. PARIS RED RAIDS NET ARMY PAPERS Military Dispatches From Moroccan Front Found in Communist Deputy’s:Home. By the Associated Press. PARIS, June 20.—MiRitary dis. patches from the Moroccan front have been seized in one of the first raids of the cleanup of Communists in France. The Communist Deputy Doriot, in whose apartment they were discov- ered, has been summoned hefore an examining magistrate and his friends are nrotesting that his parliamentary immunity has been violated. These dispatches were among a number dealing with Moroccan opera- tions and were exchanged between French officers along the line. They were found in the search of rooms rented by Dorlot’s sister-inlaw. but also occupied by him. This was one of many searches of the homes and of fices of Communists throughout the country. Numerous arrests were made, most of them on the charge of dis- tributing or posting seditious circu- lars. At various places the residents are in a state of excitement as at Car haix, where handbills inciting to mu- tiny were posted even on the monu ments to the war dead. At Macon Albi_and Lyons, the headquarters of the Reds, printing offices were raided and scores of judicial investigations have been opened. Two Face Prosecution. M. Doriot, who has often been men. tioned as the man marked by Mo to command the revolutionary forces on the predicted “night,” and Deputy Marty, the Black Sea monster, are spoken of as those whose parlia- mentary immunity Premier Painleve will ask the Chamber to cancel so that they can be prosecuted. The police and the government's “safety” are declared to be organizing a general dragnet to sweep out the mass of foreign agitators. The au- thorities have been exchanging infor- mation with the British who, likewise, are alarmed at the growing danger of bolshevism, and plans are being con sidered to establish a sort of safety barrier around the two countries to keep out the seditious elements, once they are thrown out. Meetings are not nor to sing the “Internationale” but trou- blesome parades that usually riots and the public rendition of Mos cow’s “Hymn of Hate” will be stopped. The police declare they in- tend to enforce the law and strictly prevent the public preaching of sedi tion and the placarding of defeatist sentiments. to be prohibited 25 WILL BE DROPPED FROM THE NAVY YARD Get Furloughs June 30. in Addi- tion to 60 to Leave Tuesday, Machinists’ Head Says. Twenty-five machinists emploved in the Washington navy vard will be furloughed June 30. it announced last night by William G. ternational Association of Machinists. This group is in addition to the 60 who are scheduled to leave the vard Tuesday and whose furlough had been announced previously. “Many of these emploves,” sald Mr. Gath, “have served the Government faithfully through the Spanish-Ame: can and World Wars. They now must go out and seek employment in other lines. This unfavorable condi tion only adds to the increased unem ployment, and the Board of Trade, Chamber of Commerce and Merchants and Manufacturers’ Association will be asked to take cognizance of the matter. Since January 1, Mr. Gath said, the number of employes of all trades fur- loughed from the navy yard for lack of work totals 500. EIGHT INJURED IN FIGHT IN “FUSION” CONVENTION ist-Labor Meeting After Calling Tt “Fraud.” By the Associated Press. NEW YORK. June 20.—Seven men and a woman were injured tonight in a fight that resulted in the expulsion of 25 radical labor unionists and near- v disrupted a fusion convention of the Socfalist and American Labor par- ties to nominate a ticket for the com- ing city election. The fight followed the refusal of 20 of 200 Helegates to join in a tribute to the late Senator La Follette and the ejection of 14 because of their “‘communistic” beliefs. The delegates Who refused to stand a moment in silence in honor of La Follette and those who were banished from the convention by Algernon Lee, temporary chairman, were representa- tives of the left wing of the Labor party. Chatrman Algernon Lee refused to read a resolution prepared by adher- ents of the expelied delegates, stating that the convention was fraud” and_was ‘not 4 Socialist-Labor fusion conference, but a purely Socialist con- vention. The fight started during the ensuing argument. - Squirrel Shakes Bushel of Peaches. Special Dispateh to The Star. NEW YORK, June ~Henry Michelson, 82, head of a New York manufacturing conc today asked a revolyer permit to shoot s which had a habit of shakin off- his trees. He said one squirrel today. from Kellog, Idaho, sald. The dtied recently at peaches. Judge Boote granted the permit. the Reds annoved. if they want| end in| ath, presi- | dent of Columbia Lodge, No. 174, In cow | three | a small 25 Radicals Ejected From Social-| | | | i had shaken off more than a bushel of | holdups Yellow Bullfrog, NEw Pflu[;f [:wm‘ 'PRUBE m; [:AR[]“NA MOTHER AND CHILDREN SHEPHERD DEFENSE TESTIMONY SHAKEN Witnesses, Cross-Examined, Admit Faiman Might Have Gotten Typhoid Germs. By the Associated Press. CHICAGO, June 20.—Testimony 2 two witnesses called today by the de- fense of William Darling Shepherd, charged with murder, was diverted with such success by the prosecution that the defense forced an afternoon session of court in an effort to regain its lost ground Walter Smith, formerly the National University janitor at Scienct chool run by Charles C. F man, testified upon direct examina- tion that no live germs ever were about the school, but upon cross-ex- amination adimnitted that he had seen racks full of test tubes and that for all he knew they might have con- tained germs being propagated He was followed by Dr. Frederick 0. Tonney, director of the laboratory of the Chicago health department, Wwho gave testimony in direct contra- diction of that given by Faiman, tha chief witness against Shepherd. cused of killing Billy McClintock. When the prosecution began question- ing, the entire status of his testimony was changed Five minut hefore e for tha usual Saturd djournment William Scott Stewart, chief of defense coun sel, appealed to Judge Thomas .J. Lynch for an afternoon session “It would never do for the jury to have the week end to discuss this tes timony,” appealed Stewart Your honor, it would be unfair to the de- fense. Wa should come back this afternoon and clear up this matter Accused by Faiman. Faiman testified earlier in the week that after Shepherd ed in- terest in a course of bacte. riology in his institution va he Shepherd three test tubes filled with live typhoid germs, learned later that Shepherd wanted them for the mur- der of his milllonaire foster xon. and that Shepherd promised him $100,060 from the youth's estate. The germs, Faiman testified. were obtained from the city health dey ment laboratory by his merely as an unidentified boy at the entr for them. Dr. Tonney testified at first that Faiman could not have obtained the germs in that manner. and that it would have taken 10 or 13 min for their transfer, against the minute or two Faiman claimed was required for him to get the germs. Under cross-examination hy Robert E. Crowe, the State's attorney, the doctor admitted that nothing would have prevented his subordinates pass ing out germs to any one except i rule that such an action meant di charge, and that the department had been violatéd many times Winfield Scott Hoerger, reprimanded times and finally discharge last Spring, was a former director Faiman’s laboratory, Dr. Tonney said he understood. Seen About Laboratory. He also admitted that his chief as sistant, Dr. J. L. White, had tol him he had seen Faiman about th city laboratory, aithough the witn, maintained he never had seen Faim there. and that an institution of th standing of that run by Falman could not have obtained live germs. Dr. Tonney testified that if a lay- man had three tubes of germs for n a vear he would expect the germs at the end of that period to be dead pes-examination, however, he woratory contained a fam ily of germs which had been propa- gated 30 years and which could he propagated 30 more. The prosecutor me test tubes handed Dr. Tonnex and other necessar: | apparatus and had the witness panto mime a transfer of germs. “It is one of those things whict looks easy. but which requires ski and practice.” said the doctc “But it would be very easy for a man to inoculate a person with germs if he had them?" asked Prosecutor Crowe. Calls Inoculation Fasy. it would be very easy,” re sp hypothetical all his alle experience Crowe stion cont hepherd of criminal bacteriology, i asked Dr. Tonney if such a man weuld have difficulty in culturing cerms. but an objection by the defense eliminated the answe Peter Byrne. the last witness of the day, accused Faiman of having made A false confession when he inerimi nated himself and Shepherd in youns McClintoek's murder Byrne, former hospital orderly. later student and janitor at Faiman's school and now a railroad worker denied that Faiman ever had germs about the school He told of posing as a ph and treating |sick persons and operating upon others. and accused Faiman of “boot ling” alcohol he obtained because of proprietorship of the tached to the school. “What did he do with the alcohnl? hospital at Byrne was asked “Fixed up some of it to look like good whisky and sold it at $6 a pint,” was the reply 4 He said that he had looked througt Faiman's letter files “f or sfxty times,” but never had seen a letter from Shepherd or from any lawyer inquiring about a course of instfuc tion. Saw No Germs. He said he had seen test tuhes qit the Faiman school, hut never an with germs. He dally dusted out t ice box in which Faiman testified he had kept the germs, Byrne said Byrne admitted he had received §5 and $10 at a time from Attornev Stewart. but denied that any fee had been promised for his festimony. Upon redirect examination he was one question “Why are you testifyving here?" “Because I think Faiman made a false confession.” was the reply Byrne previously had testified that he was with Faiman all his waking hours during virtually the entire time Faiman testified he was plotting with Shepherd, and that he never had seen Shepherd nor heard of him. Miss Luella Rhubell, formerly busi ness manager at Faiman’s school was called to the witness stand, but court was adjourned before she could be sworn. The defense sald it expected to com plete its case next Monday, offerin: Shepherd as a witness after hearin: the testimony of approximately halt dozen other witnesses. TRIAL LASTS 5 MINUTES. Bank Bnndmwlft Justice in Indiana Court. KOKOMO, Ind., June 20 (#).—Ex erett Bridgewater, 23, confessed bank bandit, was captured in Tndianapolis late yesterday, brought here this afte: noon, tried and sentenced in five mir utes to 10 imprisonment and started for the State reformatory im mediately afterward. 1t \one expecte he would be behind the v sundown. He confessed to several recent han' in Indiana and told the police he had about $30,000 put away. He is a former convict. alis before