Evening Star Newspaper, November 29, 1926, Page 1

WEATHER. (7. 8 Weather Bureau Forecast.) Rain tonight and probably tomor- row morning: warmer tonight; colder tomorrow and tomorrow Temperature—Highest, today: lowest, 33, at 9 p.m. Full report on page *Closing N.Y. Stocks and Bonds, Page 10 No. 130,162, Triered e DEFENSE IN HALL GASE RESTS; WIDOW AHOURS ON STAND Emerges Unshaken From Or- deal, Still Unconvinced Hus- band Was Untrue. ATTACHMENT, IF ANY, SLIGHT, $HE TESTIFIES Denies, Under Fierce Attack by State, That She Saw Rector and Choir Singer Slain. Br the Associated Pre COURTHOUSE. SOMMERVILLE, N. J.. November 29.—The defense in the Hall-Mills murder trial rested its case this afternoon at 2:19 o'clock, after spending slightly less than geven davs in presenting its testi- mony The State had required 13 davs in presenting its case, with re- buttal to follow the defense’s closing. The defense introduced 82 witnesses, while the State used 84 on direct tes timony Mrs. Hall left the witness stand at 12:20 after testifying for four hours, Auring which she denied any knowl- edge of the slaying of her husband and Mrs. Eleanor R. Mills, Mrs. Hall testified for .two hours faturday and about the same time today. Throwghout she was calm and did not falter as Alexander Simpson. special prosecutor, plied her with questions. many of the questions being repeated veral times. Today she sald that she was not yet convinced that there was “any- thine serious” hetween her husband, the Rev. Edward W. Hall, and Mrs. Mills “I admit thera was some slight at tachment " she said. “but I am not convinced It w: anything serious.” In previous testimony she has said that she never doubted her husband's fidelity and believed him devoted to or. Last Defendant on Stand. Hall was the last of the trio Her brother- Mre of defendants to testify. ere. Henry and Willie Stevens, denied anv knowledge of the death of the minister and choir singer. On re-direct examination, Mrs. Hall was again asked about her vie to- day regarding her husband's relations ! ! with Mre. Mills. She was not permitted by the court to sav what her attitude is. but was @sked if her views have changed. ot in regard to his affection for che replied “But in regard to his relations with Mrs. Mills?" Nes.” Court recessed for lunch as Mrs. Hall left the stand. The defense will rest its case dur- inz the afternoon. Two <sters of the slain minister, Mrs. Paul Bonner of New York and Mrs nces Voorhees will be among the last witnesses put forward by the @efense Court Starts Late. Mrs. Hall entered court smiling and was warmly greeted by relatives who fat inside the railing. Her brother, Willie Stevens, extended his morning handshaking to th> court crier and stenographers. “Mrs, Hall will take the stand for eross-examination,” Justice Parker announced after court had opened 15 minutes late. Dressed in black. she walked bri Iy to the stand. where on.Saturday at adjournment she was meeting with quiet voice the fire of Prosecutor Simpeon’s cross-examination The first question asked by eon was as to whether the had ever spent a Summer with her hushand at Mannes v New Jersey seashore res answered she had not “You sav vou saw nothing suspi- cious in the conduct of vour husband and Mrs, Mil continued Simpson. Ne.” ou saw them in church. and never saw anvthing suspicious, though vou did see a camera in this courtroom Saturday” Mrs. Hall said the cantera was in her line of sight. and to be plainly geen. She had the photographer who held the camera ejected Saturday by epeaking to Judge Parker. “Did vou ever have any talk quarrel with vour hushand with ref his attentions to Mrs. asked Simpson answered Mrs. Hall impson reverted again Hall's use of the word telephoning to the pol morning _after her peared. There was a long argument over this Saturdav. in which Mrs. Hall demonstrated that she knew her dictionary. Objection Is Overruled. “Don’t you regard the word ualty’ as referring to a death?” Simp- son asked today. Detense counsel objected. and Jus tioe Parker ruled there was no im propriety {n the question. “1 ¢on’t think I did.” Hall “Pon’t the qu Simp witness vacation ou to ‘cas- replied Mrs. vou remember my asking es’ this defense chorus shouted i ! I remember vour asking the ques- tlon. but 1 don't think 1 said it did.” replied Mrs. Hall. quietly Mre. Hall said she had gone over a statement which she made on Sep- fember 23, 1922, to Assistant Prose- | eutor Toolan. Simpson asked who Gemt over it with her. and she re- plied. “Mr. Pffeiffer.” who was her | Founsel four vears ago and who is as- pociated with the defense in this case. Eimpson then asked her to repeat all of her conversations with James Mills. husband of the slain woman. on the day after the minister had dis- Mrs. Hall again repeated the state- ment she made during her direct tes. timony. that she went by the church of her husband. stopped there and Gsked Mills. sexton of the “church, Whether he had seen the Rev. Hall “Don't you remember saving to Mr. “They've been murdered to- gether'?” asked Simpeon. Thers Was no ansu . N - {Continued on Page ¢, Columa 3). also | hushand disap- ! | jestion. and when vou started to night. 49. at noon vesterday. Entered as second class matter Washington, D. Maine Candidate { i | | | i | i | i OULD. SENATERULELP 10 MAINE TODAY Fraud Charges Expected to Swell Vote in Gould- Redman Race. ___ARTHUR R. By the Ascociated Press. PORTLAND, Me., November 29.— { Control of the Senate in the new Con- | | gress was at stake today in Maine’s | special election to determine a suc- cessor to Senator Bert M. Fer- nald, who died in office. A sensation- al campaign involving charges of ex- cessive expenditures and the Ku Klux Klan has had possibilities of an after- math in an inquiry by a senatorial committee. The party alignment of the new Senate, as determined by the regular election early in the month, is: Re- publican, 47, Democrat, 47; Farmer- Labor, 1. Arthur R, Gould, Republican nom- inee, who has been the subject of charges within as well as without his party, and who was repudiated by Gov. Ralph O. Brewster, Republican, hut supported by Senator Hale and | the party machine, was opposed at; the polls today by Fulton J. Redman, | Democrat. iing before Secretary of State Ball of | charges of having exceeded the $1.500 | expense limitation imposed by State law on primary campaigns. Preferred by Preacher. [ The charges were preferred by the | Rev. A. F. Leigh, a Methodist ciergy- | man and Ku Klux Klan worker, who jadmitted on the stand that his accu- | sations had been made without an: | personal knowledge. A similar admis- | ision was drawn from Gov. Brewster, who had publicly repudiated Gould and charged him with having been | privy to the knowledge of illegal ex- penditures hy friends on his behalf. In turn, Daniel F. Field, chairman of the Republican State committee, that by his action Gov. as read himself out of { the part Field predicted Gould would carry every county in the State, including the normally Demo-| cratic Androscoggin. | He answered the claim of Redman that the Nation Administration had washed its hands of Gould when ! Secretary of Commerce Hoover can- celled a promise to speak at a rally | Saturday by the assertion that Mr. Hoover was forced by business to. remain in the National Capital, and| his action had no such significance as | that attributed by the Democrat. 1 Redman Starts Fireworks. | declared Brewster @ Gould was cleared at & public hear. | On the contrary. Tield declared, a | telegram expressing hope of a Re.! publican victory. which was received | from Chairman William M. Butler of | i the Republican national committee, | clearly indicated Administration back- | {ing was not lacking for Gould. H Redman started the real fireworks | of the campaign when he revived an official report of a roval investigation | into a New Brunswick railroad situa- tion of several vears hack which, showed the presiding justice had de- ! ! mared that Gould. who was interested | ‘n the project. had bribed the premier ; with £100,000 to ohtain faverable | legislation. Gould retored by declar- | ing the “brihe” was in reallty a| forced campaign contribution made by | associates and without hix knowledge. | The Leigh charges and the Brewster | letter followed, and Gouid. in hitting | charged the Klan. which had | supported another candidate in the; mary election. was responsible for the accusations. and accused Brewster | with being a member. and Redman | of accepting the Klan's support. ! Rrewster flatly denied membership. | Called an Interloper. | Redman, in addition, has been ar-| raigned as an interloper in Maine politics. His opponents have alleged he lives part of the time in Newark, | N. J.. and is a member of a New | York taw firm. | A heavy vote was expected. 1In 1924 ' Fernald was re-elected by a majority | of 51335 over Redman, with a total | vote of 246.211. ! Gould is an Aroostock County { lumberman and a _railroad_builder, | { while Redman is a lawyer. The win- ner will serve until 1931. | ROMANTIC DANCE KISS RULED 0. K. BY COURT Philippines Supreme Tribunal Re-| verses Decision That Sen- | tenced Man to Prison. Br the Associated Presa. "MANILA November 29.—When the lights of the dance hall are dimmed, when the orchestra plays a soft, ap- | pealing waltz and a pretty girl is near, a man who kisses a girl in such a| setting is “‘a victim of circumstances,” the Supreme Court of the Philippine Islands ruled today. In so ruling the court acquitted Severo Pancho., who was convicted in the court of first instance in Sorsogon Province of kissing Marcella Dayson, a professional dancing girl, against her wishes. The lower court impoged a sentence of 313 years' imprisonment. The Supreme Court releassd him on the finding that there was a reason. able doubt as to his guilt. 2 2 WASHINGTON, LIVITON MEDICINAL WHISKY IS UPHELD BY SUPREME COURT Jurists Sharply Divided, Four Declaring States Deprived of Rights. :DECISION MADE ON PLEA OF DOCTOR FOR FREEDOM Brandeis, in Opinion, Says Medical Authority Is Divided on Efficacy in Sickness. Br the Associated Press. By a fivetoféur decision the Su- preme Court today upheld the right of the Government to limit the quan tity of whisky which may be pre- scribed for patients by physicians. In a case brought by Dr. Samuel W. Lambert of New York, which has long been regarded as one of the most Importart tests to which the Volstead act has been subjected, the majority of the court ruled that the restriction of physiclans to one pint of whisky each 10 days for a patient was not an unlawful interference with the practice of medicine. Justice Sutherland delivered the dis- senting opinion and was joined by Justices McReynolds, Stone and But- ler. They contended that the court's opinion had transferred the control of medicinal practices from the States to Congress. The opinion of the court, handed down by Justice Brandels, declared that the eighteenth amendment. be- sides prohibiting sale and transportation of intoxicat- ing liquors for heverage purposes. confers upon Congress by clause 2, in terms, the power to enforce the pro- hibition by appropriate legislation. Says Doctors Differ. “That limiting the amount of lig- uor which may be prescribed for medicinal purposes 1{s a provision adopted to promote the purpose of the amendment is clear,” the decision says. “"That the provision is not arbi- trary appears from the evidence con- sidered by Congress, which embodies, among other things, the lessons of half a century of experience in the several States in dealing with the liquor. The opinion asserted that, “‘evidence disclosed that practicing physicians differ about the value of malt, vinous and spiritous liquors for medicinal purposes, but that the preponderating opinion is against their use for such ! purposes and that among those who prescribe them there are some who are disposed to give prescription where the real purpose 18 to divert the liquor to beverage uses. “Dr. Lambert asserts that to con- [ trol the medical practice in the States is beyond the power of the Federal Government. Of course his belief in the medicinal value of such liquor s not of controlling significance. It merely places him in what was shown to Congress to be the minor fraction of his profession. Besides, there is no right to practice medicine which | is not subordinate to the belief, of the States, and also to the power of Con- gress to make laws necessary and proper for carrying into execution the eighteenth amendment. Justice Sutherland asserted that the majority had deprived the States of the exclusive power to control medicinal practices and had trans- ferred it to Congress. Demands Freedom to Prescribe. In the practice of his profession Dr. Lambert encountered cases requiring in his judgment the use of whisky as a medicine, without ‘any effective sub- stitute available. He demanded recog- nition by the Government of what he claimed was his right as a physician and as his duty toward -his patients to treat them by the untrammeled exercise of his best skill and scien- tifically trained judgment. He de- manded freedom to use such medi- cines and medical treatment as in his opinion were best calculated to effect a cure He declared it his belief and judg- ment, based on experience, observa- tion and the study of medical science, that the use as a medicine of spiritu- ous llquors in certain cases was necessary for the proper treatment of patients in order to afford relief from known aflments. The physical condition of the patient. in such cases, determined. he insisted. the quantity to be used. He never had and did not intend to prescribe liquor for beverage purposes, he stated, but he declared that the provision of the Volstead act under which he was prohibited from prescribing more than one pint of spirituous liquor to a patient within ten days was an unlawful encroach- ment by Congress upon his right as a physician and therefore void. In this contention he was supported by the American Medical Association, which declared that alcohol had a therapeutic value, and expressed its disapproval of those portions of the prohibition act which interfered “with the proper relation between the phy- siclan and his patient in prescribing alcohol medicinall CAR PERMITS TO 50,000 SHOULD BE RENEWED Eldridge Says Wednesday Is Last Day for This Series Under New Staggered Plan. Applications for the renewal of all outstanding automobile operators’ permits numbered from 1 to 49,999 should be filed with the Traffic Bu- | reau not later than Wednesday under | the “staggered” plan proclaimed by | the District Commissioners, it was | announced today by Traffic Director M. O. Eldridge. During December drivers holding permits numbered { from 50,000 to 94,999 should make ap. plication for the new permits. | * Despite the many appeals to motor- {ists to renew their permits, the ap- | plications are not coming in to the Trafic Bureau as rapidly as Mr, Eldridge would like. Only 1,208 ap- | plications were filed last week, accord- |ing to records at the Trafic Bureau. During that time 1,375 permits were renewed. Mr. Eldridge explained that motorists having old permits can apply for re- newals at any time, and need not wait until the time the outstanding permits are called under the “staggered” plan. the manufacture, | ¢ Foeni WITH SUNDAY MORNT D. C., MONDAY, NOVEMBER- 29, NG EDITION | Editorial Attributes By the Associated Press. . MEXICO CITY, November 20.—| President Wilson not only expressed | a desire to come to Mexico to estab. lish Mexican Socialism constiutional- ly. Excelsior declares today. but he can be considered the real author of article 27 of the Mexican constitu- tion, against which the American | State Department has made repre- sentations. These declarations are made in an editorial replying to Washington dis- patches saying that the State De- partment records contained no state- ment by Mr, Wilson that he wished o see a Socialist republic in Mexic: s asserted by Excelsior in an aditori Saturday. Wilson Is Quoted. On May 24, 1914, Excelsior says, the Saturday Evening Post printed an in- terview with Mr. Wilson. in which he made several statements regarding Mexico, and which was used by Car- los Pereyra in his book: “Wilson's Crime.” Quoting Pereyra's transla- tion, the paper says Mr. Wilson de- clared: “Mexico's fight has been a fight for land: consequently we are going to settle the agrarian question, following by example the steps of New Zealand." The paper asserts that in New Zea- land all laws regarding land owner- ship are contained within socialistic formula, limiting not only the amount of land an individual can own, but also the time of ownership through a renewable lease. This, it holds, establishes the truth of | o Star. 1926—THIRTY-EIGHT PAGES. * > — WILSON SOUGHT TO MAKE MEXICO A SOCIALIST STATE, SAYS PAPER Real Authorship of Article Twenty-Seven, in Dispute, to Late President. statement that Mr. Wilson favored a socialistic republic in Mexico. “Moreover,” it adds, “Wilson im- plied the wish to come to Mexico to constitutionally establish Mexican Soclalism. That is to say, Wilson declared_himself the real author of article 27, against which the Coolidge administration is making representa- tions."” There was no indication, however, of socialistic ideals in Mr. Wilson's dealing with the Mexican situation, concludes the paper. and “this du: plicity, falsehood and hypocrisy is what irritates the Mexican.” By the Aseociated Press. Few persons remain in Washington who were in the confidence of the late President Wilson during his long ne- gotiations over the Mexican tangle. Moreover, Mr. Wilson conducted most of his proceedings personally and without consulting subordinates. But among those who were in position to know what was going on, there is none who believes the former Presi- dent ever considered going to Mexico to establish Socialism constitutionally, or that he was the real author of the much-discussed article 27 of the Mex- ican constitution, as stated editorially by Excelsior. ) ‘Mr. Wilson had a deep-seated con- viction that land troubles were at the root of all Mexico's troubles, and the dead President’s friends point out that it does not follow that he favored a soclalistic government if he was think- ing of the New Zealand land laws as a model for Mexico. WIDE OIL LEASE INQUIRY REIECTED Supreme Court Denies Plea for Study of All Granted Under Harding Order. By the Associated Preas. A Federal Government petition which would have involved a. sweep ling inquiry into the legality of all the oil leases granted under President Harding's celebrated executive order was rejected today by the Supreme Court. The court refused the Belgrade Oil Co. case, in which the { crucial issue was whether the Presi- dent had authority to transfer the naval oil reserves from the custody of the Navy Department to that of the Interfor Department. Given Without Bidding. The Belgrade lease, like that given Edward L. Doheny, was on land in the Elk Hills reserve In California The Government charged that the lease had been made. without request- ing proposals, without advertising and Wwithout competitive bidding, by direc- tion of Albert B. Fall while Secretary of the Interior. The lower court de cided against the Government. Despite a request that the Sinclair ofl lease cancellation proceedings be euspended until the Doheny cancel- lation suit is decided. the Supreme Court today ordered Government counsel to file their papers in the Sinclair case by December This suit involves Sinclair's lease to Teapot Dome. The oil man is ap- pealing from a lower court decision holding the lease invalid. and Decem- ber 9 will be the last date on which to review S ARE TRAPPED INWEAEANSTOR |Fears Felt for Safety of Hunt- ers Marooned by Blizzard. Ships Tied Up. By the Acsociated Press. SAULTE STE. MARIE, Mich., No- vember 29.—The upper Michigan pe- ninsula district continued today in the grip of a blizzard which has trapped hundreds of hunters in the storm area as well as tied up shipping along the St. Marys River and the Lake Supe- rior distriet. So severe has been the blow to navi- gation that marine men forecast a premature end to the lakes shipping season. With Weather Bureau officlals pre. dicting much colder weather, accom- panied by a continuation of the snow. storm, some apprehension was felt to- day regarding the safety of hunters snowbound in the district. 500 Trapped by Storm. A 50-mile gale, which blew the snow into great drifts along roads, made those lanes impassable for automobile trafic, and hundreds of hunters who journeyed to the wooded district in machines were forced to abandon them and attempt to make their way afoot to the nearest railway centers. It was estimated that more than 500 hunters were trapped in the sparsely settled district by the storm. Heavy losses will be sustained by lake shipping interests due to the storm, it is belleved. As the result of low visibility caused by the snow- fall, practically every ship in the re- gion vesterday was forced to tie up at anchor. Four Ships Aground. the Government will be permitted to file objections to the petition for ap- W'Al'lhe Doheny suit also is a civil proceeding involving the validity to the lease to the Elk Hills reserve. It has no legal connection with the Fall- Doheny conspiracy case now on trial here. Four Bandits Get $10,000. ST.LOUIS, November 29 (#).—Four! robbers in an automobile today shot | and wounded Anthony F. Stuber, treasurer of the St. Louis Theater, and Patrolman Melvin Shinall and; escaped with $10,000, which Stuber was taking to bank. The hold-up oc- curred at Grand and Washington boulevards, a busy corner. Stuber and Shinall were om foot. The freighters George H. Ingalls and the Willlam K. Fields went aground—the Ingalls off Point Aux Pinee, Ontario, and the Fields off Pipe Island, Mich. Tugs and lighters worked frantically to free the ships lest they be imprisoned for the Win- ter by ice formations. The steamer Cottonwood went on the rocks at Copper Line Point. The | steamer Herman Hettler, which went aground at Grand Island, has broken up. District Hearing to Resume. The Gibson subcommittee of the House District committee, now con-) ducting an investigation into condi- tions in the District with a view to | ects he Is including in the message | he is to submit to Congress when it drafting legislation, will resume its hearings at 10:30 a.m. tomorrow in the caucus reom of the House Office) Building. ATTENPT TOLINE UPSHPSTEAD SEEN Invitation to White House Breaktast Viewed as Political Maneuver. Including Senator Shipstead of Min. nesota in a small company of Sen ators who were his guests at break- fast this morning. President Coolidge has given the impression that he ap- proves of the movement on the part of some of the Republican leaders of the Senate to induce this lone Farm- Labor Senator to cast his lot with the Republicans. In fact, there are some who look upon the President invitation to Senator Shipstead to breakfast with him and, incidentally, to sit-in on an informal discussion of matters of leg- islation as a direct and formal over- ture to the Minnesotan to come into the Republican fold. This is taken as more than a mere gesture on the part of the administration to make| sure of Shipstead’'s vote in the next Congress. The political complexion of the | company in which Senator Shipstead | found himself was exclusively Repub- | lican. The others about the board| were Senators Curtis and Capper of Kansas, Shortridge, California; Bing- ham, Connecticut: Gooding. Idaho! Couzens, Michigan: Dale, Vermont Sackett, Kentucky, and Stewart, wh was elected early this month to fill out the unexpired term of the late Senator Cummins of Towa. Discusses Toplcs in Message. According to several of the Presi- dent's guests, he discussed with them several of the more important sub- assembles next month, and sought their views on a variety of legislative subjects as well as upon certain fea- tures of the budget of estimates. Buckwheat cakes and country sau- sage. for which these White House breakfast conferences have become €0 famous, featured the meal. The formality usually associated with a presidential conference was entirely absent and the affair was decidedly informal. There was a general discus- sion of the more important subjects of the moment, as well as a frank and free exchange of views upon all the subjects that were brought up. Senator Shipstead later conferred y with the President in the s office. Senator Shipstead afterward de- clined to make any comment about the political aspect of the conference. The Senator said that his confer- ence with the President was to sug- gest use of the Treasury surplus in the erection of public buildings throughout the country rather than turning the moneyv back to the indi- vidual taxpayers or applying it to a further reduction of the national debt. Wants Expenses Cut. ! He said he reminded the President | that the Federal Government is now paying more than $23,000,000 annually in "rentals for buildings throughout the country and that in his opinion it is vitally important in the interests of economy to reduce this great ex- penditure.” He pointed out that in Minnesota alone more than $740,000 is being paid out each year by the Gov- ernment for buildings to house its ac- tivities in that State and, accordin, to his information, most of the build. | ings in Minnesota are being rented at | excessive ratas. He thought this was no doubt true generally throughout the country. The proposal of the Minnesota Sen. | ater is to amend the present public buildings act. which authorizes the expenditure of $165.000,000 for a pe- riod of five years in the erection of new Federal buildings, so as to bo broadened in its scope by including the Treasury surplus, which at pres. "(Continued on Page 5, Column 2) Christmas is coming - SHOP EARLY you really want. The Star' Sunda; () Means Associated Saturday's “From Press to Home Within the Hour” s carrier system covers every city block and the reguiar edi- tion is delivered to Washington homes as fast as the papers are printed. Circulation, 99,431 Circulation, 110,696 TWO CENTS. Pre: Patent Infringed By U. S., Says Fiske In $250,000 Suit Rear Admiral Bradley A. Fiske, U. 8. N., retired, and now residing in New York City, today filed suit in the District Supreme Court to recover $250,000 damages from Curtis D. Wilbur, Secretary of the Navy, and Rear Admiral Charies B. McVey, jr.. Willlam A. Moffett and Claude C. Bloch for allexed infringement of his patent on “method and apparatus for de- livery of submarine torpedoes from airships.” ‘Admiral Fiske declares that while in command of a division of battle. ships in the Atlantic Ocean he perfected his invention, mnow known as torpedoplane. Since De- cember 1, 1920, he alleges, the Secretary of the Navy and the naval officers have made changes in his patent and infringed on it. depriving him of .its value and of its royalty and other rights. The patent was issued to him July 16, 1912, Admiral Fiske states through Attorneys Wilkerson and Giusta. WORK HAS REPORT ON ST, ELIZABETH'S Secretary Will Study Findings of Experts—To Be Released Soon. Secretary of the Interior Work has before him today the completed re- port of a committee of five prominent alienists and psychiatrists appointed in September to make an impartial survey of the medical administration and facilities at St. Elizabeth’s Hos- ital. 5 Mr. Work has not yet read the re- port and it will not be made public until approved by him, it was sald at the department. The report contains about 50 pages and goes at length into the findings of the committee, with recommendations. Dr. Willlam H. White, superintend- ent. of the Government institution for the insane, saw the Interior Secretary today, but his visit had nothing to do with submission of the report. In the meantime, investigators from the office of the controller general are conducting a separate inquiry into the fiscal administration of the hospi tal. This report will be ready for the opening session of Congress, it was said at the office of the controller DOHENY'S §100,000 BLACK BAG STORY ADMITTED AT TRIAL Plea to Bar Statements of 0il Man and Fall Before Senate Is Denied. JURY IS BROUGHT BACK AND TESTIMONY IS READ Gordon and Roberts Present Letter and Evidence of Accused Pair Concerning Loan. The story of the little black satchel and the $100,000 transaction between Edward L. Doheny, millionaire ofl magnate, and Albert B. Fall, former Secretary of the Interior, as placed before the Senate oil investigating committee three years ago, was admit- ted as evidence at their trial on a harge of conspiracy in Criminal Divi- slon No. 1 of District Supreme Court this morning by Justice Adolph Hoehling, who held that the argu- ment of the defense to bar this was neither “appealing, convineing nor legally sound.” - In a 22.page decision which had been pending since| Justice Hoehling took the case under advisement Fri- day, after lenghty argument, the court said the law which forbids the use in any cifninal proceeding of testi- mony given before a committee of Congress confers a personal right of immunity which must be invoked and may be waived and is not a bar to the court from receiving testimony voluntarily given. In consequence the testimony of Doheny before the oil committee and the letter of Fall to | the committee were allowed to be read to_the jury. In declaring the arguments of coun- sel of defense against the admissi- bility of this testimony under section | 859 of the Revised Statutes neither i “appealing. convincing nor legally sound,” the court referred to the de ‘rhxlnn on similar statutes providing immunity under the interstate com merce act, the Federal Trade Commis- i sion act and the bankruptcy laws, and | declared: “The court, however, does | not feel that a detailed reference to 1:\r an extended discussion of such | cases is at all necessary; since when the basic and real question is reduced to its final analysis, the legal barriers suggested by counsel for the defense general today. Principal questions examined into by the Work committee included the following: Whether the medical staff was qualified; whether the nursing personnel was sufficient and com petent: whether proper food was being served: whether the most humane care, custody and curative treatment were being given patients, and other matters connected with the scientific care and treatment accorded at the hospital. Members of the committee are: Dr. George M. Kline of Boston, Dr. H. W. Mitchell of Warren, Pa.; Dr. Arthur H. Ruggles of Yale University, Dr. Owen Copp of Philadelphia and Dr. S. E. Smith of Indiana University. The report, with recommendations, is expected to be made public within the next two days. OFFICER ON MAIL GUARD KILLS SELF Lieut. F. X. Bleicher of Ma- rine Corps Commits Suicide _in His Quarters. First Lieut. F. X. Bleicher, Unitéd States Marine Corps, attached to the Government mail guard troops and quartered in the Government Hotels on the Union Station Plaza, was found dead this morning in his quarters, a bullet wound in his head and a pistol lying beside him. Coroner Nevitt gave a certificate of suicide. , ‘When Lieut. Bleicher did not appear at roll call this morning, according to Marine Corps headquarters, Second Lieut. A. T. Hunt went to his room and found the door locked. When he looked over the transom he saw the dead officer lying on his bunk. in a pocl of blood, with the pistol by his side. Lieut. Comdr. Cox of the Marine Barracks pronounced him dead. The officer has been in the military service for some years, having served 10 years as an enlisted man in both the Marine Corps and the Army prior to receiving a commission in the Marines in 1918. He was born at Altoona, Pa., May 17, 1884, and has a wife and child who are now living at the Marine base at Quantico, Va., to which the officer was attached prior to his as- signment to the mail guard troops in this city. When a report of his death had been made a Marine board of inquiry immediately went to the scene for a hearing, which was held behind closed doors. Eleonora Sears Cuts Hike Mark By 43 Minutes By the Associated Press. BOSTON, Mass., November 29.— Miss Eleanora Sears, society wom- an athlete, completed her hike from Providence to her home today here in 9 hours and 53 minutes’ actual walking time, breaking her record of last year by 43 minutes. Miss Elizabeth Ryan, nationally known tennis star,. was Miss Sears’ companion on the hike and finished abreast of her at 10:50 o'clock. Miss Sears declared “I'm feeling fine!” as she ascended the steps of her home after the 44-mile grind. Earller she had declined to say whether any money had been wa- gered on the outcome and had said that she was not racing Miss Ryan, but simp!y trying to better the time . she, made last | become, in the opinion of the court, | more imaginary than real. No case i has been brought to the attention of | the court by counsel on either side nor + has the court itself, in fts own investi- | gation of the question, found any case ’whlch has held that any witness, in {any fudiclal proceedings, or before {any investigating body, may not freely | walve immunity provision or protec- ‘t!f)n which may have been created in | his favor; and that thereafter he will | be bound by the action taken by him | in that regard.” 1 Statements Held Voluntary. | _The court in referring to the letter | of Fall to the committee, which stated { the $100,000 loan was advanced by | Edward B. McLean and that he had not received one cent from Doheny or H. F. Sinclair, another oil man, put | the query, “How can it be properly that communication was the legal equivalent of testimeny given | by the witness hefore the Senate com- mittee? If it be testimony, then the giver of it. if any of its material |atatements be untrue, would remain subject to a prosecution for perfury under section 859. Ts it conceivable that a prosecution for perjury could be successfully maintained against the writer of that communication under the provision of section 859 or under any other section or law of the United States? An answe to the question seems unnecessary Since no perjury prosecution coull lie, the letter could not be considered as testimony, suggested the court, but is only a voluntary statement. Equally voluntary, as shown by the record, was the testimony, the court finds, | given by Mr. Doheny before the com. i mittee in which he admitted having loaned Mr. Fall $100,000 and during which hfi Submitted to the committee e mu ted note > cure the Tomes Immediately after the decisio read, Attorney Frank . Hogan for { Mr. Doheny, noted exceptions to the {u::m; of the gourt, in allowing the ntroduction of th - s recoed. e Senate commit. Jury Brought Back. Wilton J. Lambert, attorney for former Secretary Fall, noted excep- tion to the admission of the letter written by his client. The jury was then brought to the courtroom and | occupied the box from which it has | been absent since last Wednesday afternoon during the argument of | counsel on the motions to suppress the proffered testimony and the re- cess taken by the court for the prep- aration of his opinion. In sharp contrast with the last few |days of the trial, the courtroom this { morning was crowded with spectators, {a dozen or more persons being lined up along the walls. Fall and Doheny, the persons most vitally affected by the court’s ruling, listened intently during the 50 minutes which it took Justice Hoehling to read his opinion. Fall Arrives Late. Mr. Doheny was at his accustomed seat several minutes before court con- vened, but Fall was nowhere in sight. A few minutes after Justice Hoehling began the former cabinet officer came in the courtroom and took a seat at the extreme right of the counsel's bench, next to Mr. Lambert, his chief attorney. Neither Fall nor Doheny betrayed any sign of emotion. Only once or twice did Mr. Fall make a gesture at some critical point in the opinion. lOtherwise he sat with hands folded lin_his lap. The sweeping conclusion of the court in holding that the testimony of Doheny and the letter written by Fall were admissible appeared to have little or no effect on either defendant. Fall received it in utter silence. Doheny, on the other hand, perked up. Turning his head in the direction of his family, who sat at one side among the spectators, the diminutive oll man smiled cheerfully and waved his hand to them in encouragement. After the reading of the opimion and the noting of execptions to the ruling by Mr. Hogan and Mr. Lambert, the jury filed into court Without reliminaries, District (Continued on Page ” A