Evening Star Newspaper, May 22, 1926, Page 5

STAR ‘\\'KSHL\'G 'ON. D. C. SATURDA)Y " WHITTEMORE HELD CULTY OF NURDER 'MAPLE SUGAR TRAIN " FROM VERMONT HERE' | Exhibits of Other Things Also | Feature Special, on Eastern Tour Found Guilty Spits in Prosecutor’s Face as Wife Swoons Over First- Degree Verdict. Md.. May 2 P Whittemore. handit- dandy and ¢ sced slayer, has greet M Eis fate h oa snarl. His feet figuratively treading the gallows stajrs. he lasr n 1 =pat in the fa of the vouthful ate’'s attorney who had fixed a1 rope about his neck Whether he i to plunze to oblivion the end of it rests with Crimin Court Judze Fugene O'Dunne A Jury, after pondering for scarcely rwre than an hour State’'s RALTIMOT Richard . to Advertise State. The Maple Sugar Special, sponsored | hy the Vermont Press Association, | which arrived in Washington last night with Gov. Franklin . Billings [ of Vermont. opened its exhibit cars to | S o'clock at Rauscher Attorney | Herhert Il O'Conor's ringing plea for | the Mosaic law. decided that the slay er of Rebert 1. Holtman, Maryland Penitentiary guard, ed to ex piate his erime on the gallows. Tacit v it zave Judze O'Dunne authority to exact a life for a life Under Maryviand law the jurymen eould not eondemn Whittemore to death. Had they seen fit they could have waved aside forever the waiting executioner by adding three merciful words to their verdict. Judge O'Dunne =till may sentence the “Candy Kid" 1o a life hehind steel bars, hut had the Jury returned a verdict of murder in the first degree “without capital pun ishment would have had no alter native. Wife Falls Unconsch Other ears than Whittemore's were ¢ straining for the sylla not come. As Foreman Arnse 1o ren the verdict zaver Whittemore devoid of 7 iger o characteristics with them. swaving on her feel. Murder in the first degree - Raner's voice died away Mrs, Whit temore fell unconsclous in the arms of fatherinlaw, .John Rawlings Whittemore, and a few minutes later was ordered taken from the room by Judge O'Dunne. when her moaning Aisturbed the court procedure. Whittemore's vicious emergence from the steicism that had carried him apparently unmoved through two Aa recital of a strange admixture of petty outlawi and cold-biroded cadne as he was heing led from the. courtroom back 1o his isolated Between two guards az he pa ed the counsel tahle he turn anickly. leaned forward and spat_full in O'Con O'Conor made no move the zveatest compliment that have heen paid me.” he said DENIAL OF FENNING CLAIM FOR FEE IS ARGUED IN COURT (ontinued from First P: v ool Drury case. and never was piaced in a position where his duties to him self and his ward were in conflict. The lawyer declared it is absolutely rseential ta the proper decision of the question at har to keep in mind the Adistinetion hetween cases where the fiduciary places himself in a position where duty and interest conflict and | those where he used his trust funds to make a profit. Arnold’s Answer. Mai. Arnold explains that he ap pears 3= “friend of the conrt.” and submits his answer to the exceptions nated by A Fenning. The answer reads in par(. as follows 1. Fo that part of the exception which charges that the auditor has mi<applied the law, in that his report. In effect. vequir that a reiate on *hand premium shall he made in direct vinlation of sectinn 631 of the Code of the Distriet of Columbia, the attention nf the court Is invited 1o the fact that Mr. Frederick A. Fenninz is nat, nor ever was. a regular agent for the Fidelity and Guaranty Co. He is. in fact, what in the surety husiness is characterized as a ‘“soliciting attor ney,” which iz nothinz more nor lese than a solicitor of honds on a commis <«ion basis of 23 per cent. with no al Jlowance whatsoever for overhead or other incidental expense. Section 634 of the Code of the Dis- trict 8 Columbia relates to two class e of insurance operatives, to writ hrokers and general agents, who must procure a “general insurance license.” and for such license the sum of fifty ($50) dollars must_he paid annually to the District of Columbia Licensed as Solicitor. Reference I made ta Section K35 of the Code of the Distriet of Columbi which provides that any insuran: eompany or agent licensed to do husi ness in the District of Columbfy may employ solicitors and the license fee to he paid for each solicitor o em ploved shall he five ($5) dollars per vear. Mr. Frederick A. Fenninz w net aregular agent of the Unjied States Fidelity and ranty Coe as efined in section 631 of the Cods of the Distriet of Columbia. hut wis a colicitor employed to do husiness for <ald company In the Distriet of Cn Tnmbia. and lieensed in the amount af five ($3) dollars as reauived hy law. “To g0 much of the exception which relates to the application of section 6534 of the code of the N Columbia with respect tn the rebate of commissions cn hond premiums. the attention of the court is respectfullv invited 10 the fact that section prohibits an allowance. or pay ment of any commission, eompensation. by any person corporation or asseciatior tn behalf of any person. firm or cor- poration doinz husiness in the District of Columbia not licensed as provided therein the committee in this case, Mr. Frederick A. Fenninz. is not extopped by the provision of such statute. ov any staiute from disposin of the commissions on hond premium: paid to him as solicitor of the United States Fidelity and Guaranty Co. in firm. Csneh manner and 1o such persons as | he mav deem fit, unless such person is likewise doinz hosiness of simitar nature in the District of and is not licensed as Jaw The zenarsl nlace Coinmbia reanired by rule that cannnt himself in wherein he antazonistic to his hust” stands frain from placin tions which ovdinarily excite a con flict heween celf.interest and integ rity. It acis upon the possibility that in some ecases the <ense of that duty may prevail aver the motives of self- interes:. but it provides against the probability in = and the danger in all cases that the dictates of self-interest will exe: a predom- fnant influence ard sunercede that duty. It therefore prohibits a party - from rurchasinz on hiz own account that which his duty or trust require him to =ell on account of another, and from purchasing on account of an- other that which he sells on his own account ’ “With reference 1o that part of the exception which char that the anditor ignored the evidence which showed that the hond premiums received hy the com mittee were taken as a rezular agent of the surety company and did net deplete the estate. the attention of the court is invited tn the fact (the audier has not izgnored the evi- dence that the commissions on hond Distriet of while said | rebate or | to. for. or, his pereonal interesis might | commissions on | that | |RICHARD REESE WHITTEMORE. Slayer of prison guard, eted of murder in first degree by jury in Baltimore, DISTRICT NATIVES INFINAL MEETING .'Socie(y Hears Musical Pro- gram and Plans Picnic in Rock Creek Park June 19. An elaborate entertainment pro 'm was given ai the final regular nciety of imbia, In night. It | meeting this season of the Natives of the District of ¢ {the Washington Club jast | was voted to da away with the June meeting thie 3 and 1o hold the {organization’s annual pienic in Rock Park Saturday. June 19, Mrs. Kondrup is chairman of the harge of arrangements | Creek |Jonn ¢ commitiee in for 11 nic la<t night's entertainment was un der the direction of Mre. R oe L. Oatley, cha’rman of the entertainment | committee for the vear. and included {the followinz numbers Pizna solo by Mra Helen Thompson Murray. reading hy Mrs. Charles | Newhard, soprano sole by Miss BEve [1vn Beasiev, accompanied by | Murray a: the piane. and <nlos on a euphonium by Sergt. Frank J. Jakubec of the Army Band. ac rompanied at the piano by Mrs. Rohinson, Resolutions were adopted express ing the sincere regret of the society in the recent death of three of its most prominent members. R. N. Donaldson, {H. K. Willar¢ and Frank P. Reeside | There were about 200 persons at last night's meeting, and the following new members of the society were in. stalled | ™ Are Lewis B. Thomson. Mrs. lv'udp R. Luce. Mrs. Julia jeorge V. Rickert. Mrs. D. 1. beth K. Shaw. Maud re Rird. ot1. Charles | Josiah ar Pepper Clarkson. Mrs. Ruby M Annie K. Mumley and i Gert {1, D Brit 1. Sherrill {Scotr. Alher ton Bradle | Bartlert Ht [ Miss Fia 1 Ohelin, M Mae F. chford Dr. Same \damis he =ociery, ¥ ided he oci e e president of the public this morninz. Gov. Billings and the party on the train were | ceived at the White House this noon hy President Coolidge, himself a na- tive of Vermoni. and fonight the Ver- mont Socéity will hold a reception at for the visitors Representative mont went *fibo morning with Judge K. L. Vineennes, Vi, fo pay his respects 1o | Gov. and Mrs. Billings, whe are ac companying the party throughout the extends as far West 2 enator Parter H. Dale will recention at his home this aft- | ernoon at 4:45 for the party. ! Ahoard the train age cleverly ar- ranged exhibits of all the principal in- | Austries of Vermont. including ex- | hibits of the State agricultural da»‘ | artment. the marble. granite and ale auarries, wood products—the Green Mountain Club selling “outdoor appiness” and maple sugar sirup in every form with which the press: association hopes to defray its ex-| penses. | . Whitehill, Vermont callector | <toms, is In charge of the train, | among the passengers is L. V.| ver of the Morrisville Messenger. | who was one of the four Vermontens invited by President Roosevelt to con fer with him at Oyster Bay at the| time of the Tafi-Rooseveli tampaign. | Cities included in the exhibit's itin- | evary after leaving Washington to. ! night are Pitishurgh, leveland. To ledo. Chicaga. Detroit. Ruffalo. Roch cuse. Albany and Troy. Features of the traveling exhibi- | tion are the examples of Vermont marble and granite. Twenty-seven na tive varieties of marble are shown, mined from shafts over 300 feet deep, operated by one of the largest com- panies in the world. opened as early as 1798, The granite industry, which | is the largest of the State, exhibits i the State seal. a heautiful piece of | hand-werkmanship in stone. ! . - i Reserve Officers Appointed. Commissions in the Officers’ Re. serve Corps of the Army have heen {sstied by the War Department tn Wil | Jiam G. Beucler. Hygenic Lahoratory Twenty-fAifth and K streets, as a can | tain in the Medical Administrative Corps. and to Charles E. Stewart.| 1414 Q streei. as a first lientenant in the Chaplains Carps ] . i Policeman to Be Heard. Charges made agalnst two memhers of the United States park police of un necessarily stopping an _automobile ! and being rude to the occupants will | he heard May 6 before a special board | to be appointed by Maj. U. S Grant. | 3d. director of the office of public | huildings and parks. with whom the | charges were filed hy W 1. Jackson. | The policemen are H.-W. Brown, jr.. and R. B. Jenkins. Poison Dose Proves Fatal. Mark Richardson. 30 vears d, of 3216 Fifth died a' Emeizency Hospital last night at a rvesult of | potson he fook while at home the pight of May 9. He told hospital physicians he faok the poison he cxnse he was tived of living, Coroner Nevitt gave cervtificate of suicide. ester, | premiums received by the commitice I ( l ( were taken as an agent of the United States Fidelity and Gu *o.. but cather, that he has taken cognizance | af this relation. which iz derozatory i | of the trust imposed uan the com-|A NEW { mittee to lnnk after the interests of | | his ward. How analogans are the | duties imposed wpon A trustee to| | these of an agent or other fiduciary. | |and nothinz i hetter sotiled than| that a man cannot he azent of both the seller and the huver in the same iransaction without the consent of hoth. So careful is the Jaw in guarding the fiduciary relation | i that it will not allow agent 1o act”for himself and prineipal. nor s act for twe principals on opposite jdes in the same transaction. “To he secretiy in the service of the op. osite party while an agent is acti stensibly for the prineipal only. ! the court in Ferguson ve. Gooch. 94 va. 1. “is a frand upon the latiy and a breach of public morals that the law will not permit.” Says Court Should Have Known “The committee in the case at ba { an officer of tha court. acts in a | { ance with the instructions of the court and is charged with the duty of protecting the interests of his in | competent ward. who i also a war | af the court. it is his duty to make known 1o the eomt —very miles | fact concerning the suhject matter o | his rrust. n submitring his ac | count to the conrt it was as much his Lduty to apprise the court of the fact hat he had received a financial hene fit a< the result of the purchase of the hond as 1t was for him to set forth that he had paid a premium on a hond. or rendered legal or other serv jees, in order that the court eould determine the extent and value of the serviees rendered in fixing the com- | pencation due the committee. The attention of the court is di | rected 1o the well-reasoned opinion of | the court in the case of Magruder Vs. | Drury. 233 United States. “It makes | no difference that the estate was not | a loser in the transaction or that the | commission was no more than the services were reasonably worth. It is the relation of the trustee to the estate which prevents his dealing in such way as to make a personal profit 1 for himself.” Denles Auditor Restricted. n further ¢ ed that the andi- for so misconceived the evidence in the case as (o find thay there was such wronz doing on the part of the com- mitiee as (o justify penalizing him (0 the extent of disallowing not only all L eommissions o hond premium, bt the entire pry inm. The attention of the ecourt is invited to the recom mendation of the auditor set forth unde; item 12 of his report. in the leffect that the court is not inferdicted from requiring Mr. Fenning to pay { the current preminm on his surety bond (rom his own individual funds. v veference can he found of gany recommendation made by the auditor !ihat the commitiee he aiso disallowed {the commision received from the o {1+ compant on the premium paid on the hond.” ! “II. "Te =0 much of the exception whicl; involves the province of the auditor in recommending to the court the allowance or disallowance of any ican of expense incident to the ac. ount of the committee and the sub- : sequent order of the rourt unon the | recommendation of the auditor (a sipgularly confined 10 the j matter court’s discretion). 11 is vespectfully | 1 | happiest . played all his urged that, there is no limitation what- | ever upon the recommendation of the | iditor, and that the discretion of the urt circumvents the allowance or | disallowance of any or all of the items lof expense and dishursement claimed | in the account of the committee. i — Somebody asks if a real thin girl Lwould tuen her head back would she '1aok ‘round? | CANTATA PERFORMED. ‘Ruth and Naomi,” a new cantat the music of which was arranged with much skill and fine sense of tonal blending, by Lewis Atwater from Russian and Jewish music. was ziven its initial presentation last night at intelligent [, Eichth Street Temple in celebra tion of the Feast of Shabuoth, former Iv “Feast of the Barley,” one of the most ioyous of the ancient Jewish testivals. he two themes. loyalty of Ruth to her mother-in-law. Naomi. after the latter has suffered the loss of hus. band and two sons by death. and the ' love theme hetween Ruth and Boaz offer rich material for musical inter. pretation. Mr. Atwater. who has long | heen recognized as a leading organist of this city. chose music by Rachman. off, Moussorgsky. Rubinstein. Rim sky - Korsakoff, nka. Iherts, anelff and Tschaikowski—including in these selections music that clearly,’ amphasizes the native themes of the early compos the orfental ten dencies of the music hy he Five.” and the subtleties of the moderns. Per haps the Rubinstein music chosen | | scemed the most apt and colorful, pro- of the donoy | shem vidinz ane of the loveliest bit entire work in the quartef. * nosahn. Adenoy lokach, y'hi Adonoy m'verach.” The use of the traditional melodies for Shabuoth seemed the real inspira tion of the cantata, however. and | should some one with sufficient crea tive ability take those melodies as motives and from them work a com- | plete musical setting for this heauti- | ful story of “Ruth and Naomi" the{ vesults should be possible. | In this material lies the germ for an entire and very dramatic opera. | The usual quartet of the temple— ! Florence Sindell. soprano; _Goldie Hutchins. contralto; Robert O'Lone. | tenor, and John H. Marville, hass— | sanz the principal roles of Ruth. Naomi. Boaz and the chanter of the recitatives. respectively. Mabel Flehr, | another contralto, sang the role of Orpah and another small role. All the singers showed good stvle. Mrs. | Sindell and Mr. O'Lone achieved some ' exquisite tonal effects in their final | duel. sung to Tachalkowski music. Mrs. Hutchins brought eut the pathos. that is the dominant characteristic of Naomi, excellently in her singing. | Mr. Marville showed a fine sense of intonation and Gramatic phrasing. | Mr. Atwater, at the organ. net only | 3 music with fine feeling. hut also did much to help the soloists in their work. | Assisting Mr. Atwater in the instru. | mental prelude and interlude were | Richard Lorleberg. cellist. and Elsa | Raner. violinist, The strings showed to excellent advantage in combina- | tion with the organ in these selec. | fions. H.F. Hotel Inn | 604-610 9th St. N.W. Daily, $1.00, $1.50,$2.00 | $7_roome. $6 weekly: $10.50 rooms. 38: $11 with 1oilet, shower and av. . $10: $'in Yoom.'30% more. Reoms like Mother s, % PAID ON f SAVINGS | i | DEPOSITS | MORRIS PLAN BANK Under Supervision Treasury 1408 K ST. N. W. - Wondward & Lofhrop 10th, 11th, F and G Streets New Fashions for Summer Sports Bridle paths wind temptingly through forests fairway is smooth surl heckon—campit broad highways invite the motorist. een—the {ennis courts are inviting—beach and sites lure nature lovers—and the T'he correct costume for every sport plays a large part in the perfect-form of the game. that will add comfort Chic Beach Ensembles are smart for both the energetic swimmer par- and thev are shades. and lounger on the sands larly smart when in pastel SKETCHED cemhle of a Doon Snitoand Rose Cnd’ 1 lersey Rathmg One-piece grac Cape that protects one irom the hot rays of the sun Snit, $6.78; ( Rubber Rath $1.50. pe. S12.50. Cap. in “Chanticleer™ aviator des \ceessories A Rubberized Bag with zipper ¢la A" Rubberized Sitk F New Crepe Rubber Cap for the hob “Carry ed head Red Bathing Cap. with vellow pompon, $150, Striped Rubher Belt, with buckle, 82, Rubberized Silk Polka Dot Bandanas, ior rubber cap, § Rubher Rou Clothes for Boating -be it boating or yachting—-an outstanding two-piece dress, with a finely pleated skirt and sailor-like collar, trimmed with navy blue grosgrain rib- hon. $32.50. Navy blue cheviot Naval Jacket, chic white flannel costume is a trimmed with gold braid, $35. Accessorics White Felt Hat, with turned down hirim, $10. White Silk Hose, with embroidered black clock, $2.50, $4 and $8. White Rubber-soled Oxfords, $12.50. Imported Two-piece Zephyr Yarn Dresses, $32.50. Other Knitted Frocks. $16.75 to $29.50. Printed Washable Tub Silk Dresses, $16.75, Striped Frocks of men’s shirting, $28. Fashion Sections. Third floor. $1.75. wear over Sleeveless Tennis Frock ce< the popularity of the game that is 1t hehooves one to incre new socially equal ta golf look chic through this strenuons game. SKETCHED =\White Sleeveless Drury |.ane Frock, with pleats stitched hali way — indorsed $15. Other tennis irocks. $16.75 by Suzanne to $25. Accessories White Sunshade that Helen Wills in- dorses, 50c. When the game is fini<hed, wear a \White lce- $12.75. Enzlish Imported Cap land Woaol Sweater \White Haose, $3. \Vhite Buckskin <oles, $12.50. Tennis Rackets. \ll-\merican make. $8. W. & D). Tennis Ballz, 50c each. Rihbed |.i<le Oxiord, with erepe rubber Correct Motoring Clothes \Very new is the arav ombre and over-plaid. of swagger style it features $49.50. Ovthers, SKETCHED coat of blue and Straight of line the smartest sports fashions, very smart -$39.50 to $9. The two-picce dress that shows when the coat is open —a gray crepe de chine smartly tailored. with polka dot tie. $29.50. Accessories Lincoln Bennett Saunterer, a soft hat, with ripple brim, is an Enghsh import, exclusive with us, $185. Gray Silk Sportz Hose, with dark gray dia- mond design, $4.50. \ tailored Pump of black patent leather, $15. Auto and Steamer Robes, plaid, $8.50 to $35. Hat Boxes, cobra cowhide, $5.50 to $18.50. FFitted Traveling Cases, $38.50 to $250. The Informal Riding Habit untry canters is correct and the Jane Wandl Riding Habit is preferred for it for Summer country combines smartness with comfaort. Sleeveless, natural linen habit that is cool well cut and tailored. will be seen in Rock (feek Park worn by smart women. $15.75. With it will he worn a silk Rider Shirt, $8.75, or a candy striped shirt of men shirting, $12.50. 5 Other Accessories ‘I'eddington Felt Rider Hat. $7.50. Rlack or Tan Boots, of calfskin, $13.50 and $25. Smart New Crops, $5 to $9.50. * Spurs, in a great variety, $2.50 to $4.50. Striped Collegiate Belts, $1.75. Bright Handkerchiefs and Tie Sets, $2. Jane Wandl Separate Riding Breeches. $5.95. White Gabardine Breeches, $5.95 to $10, IHere vou will find evervthing and enjoyment to the Summer sports. Smart Golf SKETCHED--A Gelf “martness of the new mode with cominre, consisimg of a White Flannel Shirt. §10: White Sleeveless fer ey Tee-Jumper., §8, and a Rlazer Sweater, striped in white, Tune roce and fle<h. $13, Castume 11 ~mbines the Accessories Ripple Felt Hat. with sazahor hots de roce shade, $10, New Golf Gioves, $150 to $3. lLady Burke Wood Clubs, $4.75; Iron ¢ fnhe Golf Bags of unusual quality. $2.50 to $17.50, Mercerized Lisle Hose, stripad in ro-e, $2. Deanville Sandals, for goli. $12.50, Smart Camping Togs SKETCHED—Oyster crash suit. checked in blue— consisting of well cut and well fitting knickers and a mannish waiztcoat, belted in the back and polished vestee-like in the front. $§16.78. Shirt of white broadcloth is worn with this suit, with club collar, $5." Accessories Wool and Cotton Ribbed Socks. with turn-back enffs in sand. $2 and $2.50. Sturdy Tan Calfskin Three-eyelet Oxford, with ali- gator calf trimming. $8.50. Tents, $22.50 to $90. Lunch Kits, fitted for 4 or 6 persons. $7.50 to $65. Folding Camp Cot, metal frame. $395. Kapock Mattress, water and insect proof. $7.50. Sporting Goods. Second floor.