Evening Star Newspaper, January 29, 1927, Page 2

WILL HEAR BUSCH'S DYING DECLARATION Court to Accent Statement at Trial of Four Accused of His Murder. se against Nich. uel Moreno, John McCabe, charged ree murder in connection death of Policeman Leo W poved another step toward esterday afternoon when residing at the announced nce Monday ing declaration” of prosecution has of. defendants. The as given to his Cornwell of the ribes the men who completion ce William Hitz, he would declaration over ns, court again ion on the admissibility ade by defend the rt yester. ny shot n open co es firing The statements are offe vernment against the defend- to prove, by their own t each of the accused the time. Asks for Briefs. adjournment vesterday tice Hitz, after hear by Assistant United ey J. J. O'Leary for the ad Atfornevs James A O'Shea and James B. Archer, for Mc Cabe and Proctor, respectively, an nounced that “I don't think the time t t these sttaements has ar T He then asked opposing coun el to precent to him legal authority in support of their respective conten- tions regarding the admissibility of the statements. Counsel for the defendants have stipulated t the stateme! were made voluntarily, but they refused to vouch for the truth or falsity of them O'Leary during his argument stated that McCabe in the statement admits being present with others who were armed, as do Eagles and Moreno, and then he acded: “The Government is to show in certain respects that lied in the statements. Wants Chance to Cross-Examine. O'Shea was willing that his client’s statement be received in evidence, but objected to the statements of the other three Archer centered his fight egainst the McCabe statement in par- ticular and the other two in general, explaining: “If these people want to gay something about my client, let them take the stand so that I may cross-examine them." Archer con- tended that the other statements in- criminated Proctor, but O'Leary in- sisted that each was offered only against the author of it. While, the argument was in force O'Shea suddenly raised the point that the Government had not shown a corpus delicti, and further asserted that there was no evidence to date that bullets from Policeman Frank L. | Ach’s gun had not killed Busch. Ach Wwas present with Busch during the shooting and himself was seriously wounded. He will testify Monday, Assistant United States Attorney George D. Horning, jr.. announced in response to an inquiry from the court. Archer declared the Government has centered its case on the fact that there were four guns fired during the battle, whereas with Busch and_Ach a year ago, stepped from modern col- lege life at the University of Ilinois nfo the harem of a native chieftain, Data Tahil, as his fourth wife, defied 200 members of the Philippine con stabulary. Gov. Wood is attempting to placate the tribesmen. MRS, CHAPLIN GIVEN THE EVENING SENATE EXPECTED 100.K. 3CRUISERS Non-Partisan Support Given Amendment to Navy Bill. Hale Optimistic. Although the House falled to make provision in the naval bill for begin ng construction on three additional ulsers immediately, all Indications the funds wil be approved by the to conferer to the crulser naval supply bill ar Senate and sent Vigorous support amendment ta the was volced vesterday by both Repub licans and Democrats. Chairman Hale of the naval committes said afterward that there was no question of its ap-{ proval by the Senate. The House voted down an amendment having the same purpose, but proponents of a balanced fAighting fleet expressed confidence that the House would accept such a Senate proposal. Economy Is Blamed. Whether the President would ap- prove the bill with this change has not heen Indicated, but some Senators sald that if he did exercise his veto pre- rogative a speclal session of Congress might be nec ry Senators Robinson, Republ In- dlana, and Walsh, Democrat, Massa chusetts, took the lead in urging funds to begin construction of the crulsers after the Senate had resumed consid ation of the naval bill. and there were some sharp strictures on the ad ministration’s economy program, which was blamed for a daterforation of hoth the Navy and the Army. Senators Walsh and Copeland, Democrat, New York, also urged an adequate merchant marine as neces POLICE PROTECTION Threatening Letters to Wife of Comedian Cause Home to Be Guarded. By the Associated Pres LOS ANGELES, January 29.—The home of Lita Grey Chaplin today re- mained under the watchful eyes of Beverly Hills police as the result of threats made against the film come- dian’s wife and babies. Last night detectives were stationed in the neighborhood of the residence recently rented by Mrs. Chaplin when she left the home of her grandparents. The request for police protection was made by Lyndol L. Young, attor- ney for Mrs. Chaplin, who reported that the actor’s wife had received a flood of threatening letters since she filed suit for divorce from Charlie Chaplin. The letters, some of them bearing ecrawled and almost illegible warnings of death to Mrs. Chaplin and abduc- tion of the two children if she did not drop her suit, came from various parts of the country. The majority of them were anonymous. One of them, type- written and postmarked Yonkers, N. Y., January 18, threatened her with death in 10 days. Several of the notes contained offers of marriage. While attaching little importance to the letters, Attorney Young ex- plained that he wanted to guard against the slightest possibility of danger to his client. Lack of finances made it Impossible for her to retain private guards, Young said. 0IL WRIT GRANTED shooting there actually were six. Then O'Shea 'interjected that the Govern- ment haen’t shown whether the bul- lets in Busch's body were from Ach's .38-caliber gun or from the two .38- caliber revolvers found on the scene and which the prosecution seeks to lace in the hands of two of the de- endants. Jury Is Absent. O'Leary's reply to the charge that the prosecution had not shown that Busch was killed by any of the de- fendants was that his evidence has proved that Eagles, by way of illus- tration. had come into possession of @ revolver; that this revolver was used by him in two Maryland hold- ups; that Eagles was on the scene of the shooting and that the gun was found close by. Then O'Leary de- clared there has been no evidence to date that Ach fired a shot in the direc- tion of Busch. The arguments were made with the | Jury absent, the 12 men having been excused after Charles Newhard, 4103 New Hampshire averie, and Roscoe L. Oatley, 4101 New Hampshire ave- nue, had told of the capturs of Eagles end Moreno about 10 o'clock Sunday morning, September 26 Newhard captured Moreno as he sought to escape and Oatley pursued Eagles for geveral blocks before he could check his escape. This occurred after the two men had emerged from the base- ment of 4105 New Hampshire avenue, where they had been hiding following the shooting several hours previously, CHARLOTTE HALL BARRACKS BURNED from_First ¥ (Contin 18 of the school took a load BY MEXICAN COURT Action Looked Upon as Permanent Injunction Restraining Appli- cation of New Law. By the Associated Press. MEXICO CITY, January 29.— Basing its decision, favoring the ofl Interests of Mexico, on the ground that suspension of the new petroleum law would benefit the laboring classes and promate general welfare, the Dis- triet Court at Villa Cuauhtemoc, Vera Cruz, has granted a “definite amparo” to the Transcontinental Ofl Co. This is reported in &pecial dispatches from the Vera Cruz district, and is looked upon here as, in effect, a per- manent injunction restraining appli- | cation of the new petroleum law to the Transcontinental Co. until the Supreme Court renders a final deci- sion on the constitutionality of the law. | Luis Morones, minister of industry, commerce and labor, in a statement | 1ast night, announced that 153 drilling permits had been canceled by an or- { der issued January 10, because the | sential requirements of the permits had not been fulfilled. CHILDREN TO PRESENT PROGRAM IN SOUTHEAST Plays and i):)ces ‘Will Be Given in Hine Junior School Building Tonight. of boys to Wa gton tod: The Washing boys at 1 follows + Paul Schlosser, Herbert Miller, Har- Childs, Gerard Childs, Robert Lon, Fall, Albert Atkinson, Lacey st of ton William Acker, Charles Patter- | nd Ji ferrev me Guardiola, or Gomez the Jorge I three Cuban em onducted on a A large Arm, milt quantity rifles was the explosives ory several rods from racks and were not As soon as it there was no racks, hool timely ting them other 1e compan and the Lec itown responded to appeals for gained too much building was de- oir arrival uck collided with three poin miles from the | Estvlene Lawson, Vista Henry, Helen engers escaped unds presented a dis- Bed The and the school gr ks, & her wn, > 5t ® they had been drag god escape the fire last night s any of whom were cln eas uniforms which they wore at the dance so dramatically in torrupted the call of fire. achers of the school ad in alded the out their Bentley wa flimess resulting from nssembly ha soms of 4§ Jackets straightening feots. Maj from a slight em ¢ st ents i personal ef the ewallowing of a quantity of smoke 28 he directed the work of the bucket Drigede. from | The sipment, trunks | Helen Flournoy, wh about | Jean Otterback. il carried into the shelter of the water-stained recovering Children of Boutheast Washington will present a program of plays and | dances tonight at & o'clock in the | auditorium of Southeast Community { Center, in Hine Juntor High Building, | under 'the direction of Miss Evelyn | community center department of the { public schools of the city The advanced dramatic class will present “The Proud Princess,” includ. ing in the cast Sarah Bergling, James Kerr, Genevieve Bergling, Joseph | Kell¥, Elizabeth Capanelli, Anne panelll, Lois Loefler, Rita Dunni- | gan, Carrol Kerr and Willlam Fletch {er, and also “The Pudding Pan,” in {which will be seen Rosemary Dunni | zan, Barbara Alvey, Marguerite Scott, 3 Bergling, Inez Chester, James Annie Capanelli and Joe Kelly he cast for “The Singa-Song Man' ken from the beginners’ d including Fremont Da er. William Fletcher, Dorf Melvin Fletcher, Elste | Ella Bergling, Lora Nell | Vivian Hendricks | Children who will take part in the | dances are: Loretta King, Emily | June Turner, Eleanor Alired { Storola, | Vivian Trelsen, Audrev Hammer, is | la Moody Nifong and Verney, .Gertrude Henry, June Lov | Gladys Franklin, Virginia King, Dor | othy Holmes, Estelle Guy, Roma Lee | Haun, Doris Helmuth, Helen Malloy and Turns Down Dry Law Referendum. | CHEYENNE, Wyo., January 29 () —The Wyoming State Sens day killed & resolution mem Congress to submit the prohibition question to a referendum. Only three Senators favored the measure, N riem Japan Accepts Soviet Ambassador. lizing Davis, and under the auspices of the | orma Stone, | sary 1o the support of hoth the Army and Navy in time of war. Would Have Navy Build Two. STAR, WASHI LEAGUE WOULD SUPER STATE ROLE, ITALY HEARS No Interference in Internal Affairs of Any Nation Pos- sible, Says Official. Rome’s Co-operation Praised by Secretary General of Geneva Body. By the Assoctated Press ROME, January Sir Erie Drummond, secretary ganeral of the League of Natlons, who has just had A conference with Premier Mussolini, describes the league as “simply a fod eration of states who have concluded | &I\ AEPORIANDL: Tor. & COMMOR CELee He gave his views, togather with his | impressions of Tialy's relations with | the league, when interviewad by the Rome newspaper Popolo di Roma, which represents the official opinion of Fasciam “I have heen pleased to find,” the secretary general said, “that Italy recognizes more every day the ad- vantages and importanca of the League of Natlons as an organization of internatlonal Iife. I believe that hostility manifested on several occa- sions in certuin quarters and not only In ltaly—is due In great part to Ig norance of the League. It seems some have the idea that the League is de- sirous of intervening in the internul affatrs of varlous countries: nothing is futher om the truth. Should the League ever attempt to make itself superstate, It would die at its own FORD THEATER U The Massachusetts Senator declared it was disgraceful the way the mer- chant fieet had been allowed to disin- tegrate since the World War. Senator Dill, Democrat, Washing- ton, offered an amendment which would require principal construction work on two of the three cruisers to be done in navy vards, and for the construction of the third vessel on the Pacific_coast Another amendment pending at ad- journment, offered by Senator King, Democrat, Utah, would prohibit use of any part of the funds provided in the bill for the maintenance of Ma- rines in Halti. SAYS CUBA WILL AID U. S, IN ANY CRISIS Ambassador Ferraro, in Ad- dress, Declares His Coun- try Grateful for Liberty. 1f a crisis should ever arise tn which the United States needed a loyal and willing ally, “Cuba would shed her last drop of blood” to help, Col. Orestes Ferrara, the new Ambassador from Cuba, told an audience in the auditorium of the New Natlonal Mu- seum last night. The oceasion was a reception in honor of the Ambassador and Senator Means, commander-in-chief of the Spanish War Veterans of the United States, on the anniversary of the birth of Jose Martl, the great Cuban pa- triot who led his people into the in- surrection that freed them, but who died oh the battlefield before he saw that dream realized. Outlines Fight for Freedom. Col. Ferrara_briefly outlined Cuba’s fight for freedom from the yoke of £pain, pald tribute to the great part thiz Nation played in it and concluded with this statement' “We are filled with genulne gratitude. You are a great and powerful nation now, but I wish you to say to your President that, If the time should ever come when the United States needs an ally, Cuba would shed her last drop of blood In your cause.” Senator Means, who preceded Col. Ferrara, praised the conservative, sin- | cers and friendly government that Cuba has set up, declaring it to be a vindication of this country's faith in the Cuban people. It stands as an eternal monument to those who gave thelr lives in the cause of freeing that nation from foreign domination. Cuba Presented as Model. “And T say to some of the other re- publics to the south of us” Senator Means concluded, “that if they will but look toward Cuba and see that virile, conservative government Presl- dent Machado presides over so care- fully, they will find a model by which they ‘might fashion their own govern ments in the interests of peace, pros- perity and good will in the New World.” The audience was composed largely of Spanish \Warweterans, several hun- dred of whom had come from Balti- more especially to attend the recep- tion. The auditorfum became 8o packed long before the special guests arrived that firemen were obliged to ask several hundred people to leave, and closed the doors on fully 600 more in order to assure safety to those in- side. Veterans Occupy Platform. On the platform with the Ambas sador, Senator Means and Mr. Quesada were other high officers of the Span- feh War Veterans of the United States, Brig. Gen. Samuel D. Rocken- bach, commander of the District of Washington; Maf. Gen. Hugh A. Drum and others. The war veteran posts carried their colors, and, before the exercises began, presented them in group formation before the rostrum while the uudience stood at attention, Music was furnished by the United States Army Band. INTEREST IN EX-KAISER WANING IN POTSDAM Few Members of Former Entourage | Display Concern About For- mer Imperial Lord. By the Associated Press BERLIN, January 29.—Interest in the fate of former Emperor William 11 is steadily waning in Potsdam, in- quiry among_ those who were once active at the Imperial Court has re- vealed. Of the former Potsdam en- tourage the only ones who at times continue to make pilgrimages to the ex-Kaiser at Doorn are the two Counts von Finckenstein, of whom the one wus formerly commander of the Hunters’ Guards, the other of the sharpshooters’ Guards; Gen. Von “Pzirsky, who In peace times was com- mander of the 84 Uhlan Guards, and Gen. von Dommes Fven o intimate a former friend of the Hohenzollerns as Col. Gen. von Plessen has visited,Dorn but once, re 29 TOKIO, January 20 (#).—Japdn to- day accepted Dofgalefsky, former Eoviet Minister to Sweden, Soviet_Ambassador to Tokio. n maining there for three davs. Other members of the entourage seem to BY VETS OPPOSED Manifested at Hearing in Connection With Housing Lincoln Relics There. Considerable opposition to the pro- posal to establish headquarters for veteran organizations in the old Ford's Theater on Tenth street, in connection with the housing there of Lincoln's relics, arose today at a hearing before the House library committes. Col. U. S. Grant, 3d, director of pub. lic bulldings and public parks, agreed with members of the committee that it would be Inadvisable to open the his toric building as & headquarters for all veteran organizations in the District, except the G. A. R, As a Southern man, Representative Bulwinkle of North Carolina, said he believed that the G. A. R. alone should be permitted to maintain quarters in the building, ‘as that was a right to which It was entitled by virtue of its association with the Civil War. Col Grant sald he doubted If there was a real need for use of the building b: the various veteran posts In this city, and especially by the American Legion, Would Give A. R. Preference. He agreed with the suggestion that the G. A. R., whose headquarters on Pennsylvania avenue are soon to be torn down, should be given the pref- erence over all other veteran organ- izations. Owing to the few members of the G. A. R., Col. Grant sald it would be difficult for them to get other sultable quarters, and this argument, he sald, applied to a few of the smaller organizations, such as the Veterans of Indian Wars and perhaps the Spanish War Veterans. Representatives of some of the vet- erans’ organizations attended the hearing, which was on the bill intro- duced by Representative Rathbone of Tilinois. Judge H. B. Moulton, past departmental commander of the G. A. R., said he could see no real objection to maintaining headquarters for other veteran organizations in old Ford's Theater. E. J. Nolan, department commander of the United Spanish War Vet. erans, and C. H. Reilley, depart- mental commander of the Veterans of Foreign Wars, made the principal ap- peal on behalf of their organizations. Mr. Nolan suggested that the situa- tion could be met by maintalning in the bullding a co-ordinate headquar- ters for all the veteran posts. ~ The question of floor space was one which entered largely into the discussion, as members of the committee were in- clined to believe that such a head quarters would take up too much space. Floor Space Cited. Col. Grant sald each of the three floors of the bullding afforded about 5.000 square feet of space. The Old- royd collection of Lincoln relics, now housed in the old Peterson boarding house in which Lincoln dled, would require one and a half floors to be properly exhibited, he sald. Since it js likely that Capt. Oldrovd will donate soon another valuable war collection, fully two floors of Ford's Theater would be required as museum space P from time to time, he and members of the committee believe, these his. torical collections would be augmented. ('ol. Grant said that the $100,000 authorized for remodeling Ford's Theater would be sufficient. He sald It was necessary to remove the col- lection from the old Peterson house hecause of the danger of fire and also the danger of accident on occa- sions when large crowds assemble in the building. The committee took the bill under advisement today and did not reach any agreement as to the establish- ment of veterans' headquarters in the buflding as proposed. While representatives of the vet- eruns appeared willing to leave the question of Which organizatior should be permitted to use the build- ng to Col. Grant, thut official thought he should ask specific authority from Congress before making any decision. Chairman Luce expressed the opin- fon that it might be an unconsti- Federal Government to mainfaln headquarters for veterans' organiza-* tlons. The Supreme Court of Massa- chugetts, he added, had so ruled In connection with the State govern- ment. Representative Rathbone, author of the bill, pointed to the fact thaf a fira could easlly wipe out Ford's Theater and the house where the Lincoln relics are now stored and leave in their place only black walls, “That would be nothing short of a calamity,” he sald 2 There was not the slightest opposi- tion on the part of any committes member to the proposul for housing the Lincoln relics in Ford's Theatar, all of them agreelug that it was a duty which the Government should perform and a proper recognitio Under the Rathbone bill the buid- ing would be under the direction of Col. Grant and the remodeling under the supervision of the Fine Arts Commiseion Mr. Rathhone made a. vigorous plea on behalf of the veteran organizations, desaring there should be in the Dis- as the|have lost all interest in thelr former imperial lord. tricg a suitable place for such a headquarters. tutional use of public funds for the | |been ordered by Andrews, pending an D. C., SATURDAY, J DIE IF IT TRIED | association ofclale. SIR ERIC DRUMM/ He declared that the League at times hed given some advice to mem- bers regarding varfous aspects of in- ternational policy, adding “For fustance, during the last as emibly, the hope wus expressed that Lengue members would make particu lar efforts to conclude itration pucts among themselves, and | am glud to suy that the country which perhaps has concluded the greatest number of such treaties is Italy. Sure 1y this fs proof that Italy's policy is in harmony with that of the Leagne." ALIENISTS APPEAR N BROWNING CASE Wife’s Attorneys May Call Expert to Testify on Real- tor’s Conduct at Trial. By the Associated Press. NEW YORK, Januar A battle of alienlsts was Indicated today as a possibility for the ssparation suit of Edward W. Browning, wealthy realtor, against his 16.yvear-old wife “Peaches’ when the trial is resumed in White Plains Monday Mrs. Browning's terneys, it is un- derstood, plan to call fo the witness stant a psychiatrist wio has been ob. serving Browning since the opening of the trial. This witfiess would tes tify, it was sald, that Browning's al- leged cruelty was due to deficient men- tality. Will Combat Move. Counsel for the husband announced they would combat this move by hav- ing several paychiatrists testify that Browning is perfectly sane. John Mack, chief of Browning's le- gal staff at Poughkeepsie described what would constitute Browning's an swer to his wife's charges. “Wa will place about 40 witnesses on the stand,” he sald. “These witnesses and the motlon to place in evidence the letters of Peaches will constitute our rebuttal.” Admission of Diary. Supreme Court Justice Seeger, the reopening of the trial, will ba called upon to rule on the admission as evidence of Mrs. Browning's diary, in which she mentioned, as she ad- mitted on the stand. affairs with boy friends before her marriage. Mr, Mack has prepared a brief usk- ing for its admission. The letters, written to Browning, were offered, h"!l not read before the recess in the trial. ANDREWS BLAMES GREEN FOR CLUB Bridge Whist Idea in New York Is Attributed to Retired Chief. at Responsibility for the organization of the Bridge Whist Club in New York, which was conducted by under cover agents to attract and trap inter- national rum smugglers, was placed esterday by Assistant Secretary Andrews, dry chief, on Maj. Walton R. Green, former chief of inspectors, who has retired As for the prohibition agents who ran rum from Canada into the United States, Andrews believes they were acting on the order and direction of their superfors and he has taken no action against them. No Orders Necessary. In Peoria. 11, where alleged illegal practices wers pursued, the agent, “Lone Wolf" Asher has died. “I have done evervthing possible," Gen. Andrews sald. “to make the conduct of the prohibition agent decent, dignified, lawful and such as will commend itself to the public. The agents have {nstructions to this effect and no more orders are necessary.’” Although A. Bruce Bielask, chief of the New York under-cover agents, has been under fire for operation of the Bridge-Whist Club, which was known as a speakensy, Andrews does not hold him responsible and intends to take no action in his case. He considers Blelaski was working under orders of Maj. Green, who orgunized and de- veloped the system of under-cover agents, which has recently aroused considerable criticism in Congress. Blood Is Suspended. Ralph Q. Merrick, who was In charge o fthe agents running rum from Canada into New York State, is now prohibition administrator for Virginia and North Carolina. Gen. Andrews also feels that Merrick was the vie. tim of circumstances and acted under orders of superiors Suspension of Prohibition Agent Blood, who is alleged to have operated a poolroom and speakeasy at Norfolk, Va., in order to trap bootleggers, has inquiry. W. E. BUTLER, 37, DIES. Willlam Earl Butler, 37 vears old, clerk for the Gundersheimer Bakery, dealers In Center Market, died in Gar- fleld Hospital Thursday after a long fllness. Funeral services will be conducted at his late residence, 1339 Kennedy street, Monday afternoon at 2 o'clock. Interment will be in Rock Creek Cemetery. Mr. Butler is survived by his widow, Mrs. Edna Butler; a son, Earl Edward Butler; four sisters, Mrs. Joseph Whelan of Fethesda, Md.: Mrs. Albert Lovelace, Mrs. Willlam Fitzgerald and Mrs. Charles Seibold, all of this city, and a brother, Alfred D. Butler of Virginia, ANUARY 29, 1927. 000 5 SLEN ONPOLTGAL PLAN Address Before Ohio Law- yers Is in Favor of Stricter Enforcement of Dry Law. By the Associated Pross. TOLEDO, Ohlo, January 39.—If Willlam Gibbs McAdoo has any in- tention of heeding the advice of friends who wish him to become & Democratic presidential aspirant he gave no hin. of it to Ohlo barristers here vesterday The former Secretary of the Treas- ury made an address befors tha State Bar Association in which he delivered a broadside of criticiam against pro hibition law violators, but made no mention of politice He attended a private luncheon with Later he declared he had not come to Toledo for any confarance of a political nature and declared that he had nothing to may on political questions. Mr. McAdoo contended in his ad- dress that the return of liquor {s not the solutlon to the cases of “‘wide- spread corruption among officluls” in the enforcement of the prohibition laws Law entorcement und not the legallzing of fntoxicants Is the remedy for corruption, he said. ixpressing the bellef that the Con- atitution makes it obligatory for the States to define what may be con stdered | xicating liguor Mr M Adoo de d that the repeal of State enforcement laws by New York and Montana must be considered void BECK CHALLENGéS POWER OF SENATE IN BARRING SMITH (Continued from First Page.) that being a Senator, Mr. BecK told the committee. While Col. Smith knew that Mr. In- sull had made a contribution to his campaign fund, Mr. Beck insisted that he had not known the amount and that the whole responsibility for rais- Ing and disbursing funds had been left to Allen ¥. Moore, Republican na- tional committeeman of Tllinois and manager of the Smith campaign. Insull Not Favored. The public utilities corporation in which Mr. Insull is interested had been in no way favored by Col. Smith as head of the Commerce Commission of Illinois, Mr. Beck sald. A8 a mat- ter of fact, he added, the reductions made by the Commerce Commission in the rates allowed those corporations for services had reduced the price of the service to the public by a total of $38,000,000. There is no law in Illinois, Mr. Beck sald, limiting the amount of contr butions which may be made in a pri mary campaign. There is no Federal law governing the case. It is now proposed by the Senate, Mr. Beck said, to change the rules of the game after the game has been played and to sav that because of the size of the con- tributions and expenditures, the ‘victor in the election is disqualified. He pointed out that the expenditures for the Smith campaign had in round fig- ures been about $250,000, while' those for the late Semator McKinley, Col. Smith's opponent, had been about twice that sum. b Contribution Was Private. Mr. Insull as a personal friend of Col. Smith and an opponent of Sen- ator McKinley, whose vote in favor of the World Court he did not like, had a perfect right to contribute to the Smith campaign, Mr. Beck argued He contended. furthermore, that the contribution of Mr. Insull was not a contribution by public utilities cor- porations but that the entire sum came out of Mr. Insull's own pocket. The Insull contribution to the Smith campaign, Mr. Beck said, could not be considered a gift to Col. Smith any more than a contribution by Judge Gary, head of the United States Steel Corporation, to a Republican national campaign could be considered a gift to the Republican nominee for Presi dent, or the contribution by Mr. Baruch to a Democratic campaign could be considered a gift by him to the Democratic nominee. Smith Is Present. Col. Smith was present in person at the committee meeting today. He had come from Chicago for the purpose, in spite of the fact that an abacessed ear continues to give him trouble. Oscar Carlstrom, attorney general of Illinols, also was present and prepared to ap- pear bhefore the committee to argue the right of the State to be represent- ed by Col. Smith, at the conclusion of Mr. Beck’'s presentation of the case. In addition to being attorney general and appearing as such, Mr. Carlstrom will appear as an earnest friend and supporter of Col. Smith. Mr. Beck was interrupted fre- quently In his argument by members of the committee. He failed to com- plete his statement of the case and will resume again at 2:30 o'clock this afternoon. Col. Smith, Mr. Beck told the com- mittee, had made a “brave and valor- ous fight in both the primary and general election.”” He said that Col. Smith had been vindicated by the Republicans of his State in the pri- mary election and the people of the State in the general election, although he was fighting against great odds. He has come here with the full ap- proval of the people of Illinols, Mr. Beck added. Fate of States. ““The rights of a sovereign Stata are involved in this cas sald Mr. Beck. “The fate of Illinols today may be the fate of other States in the future. The members of this committee hold in veneration and affection the Con- stitution. T know that you do not wish to pull down what it has taken 140 years to build up. If the dual form of government of this country is destroyed, it can never be re- stored.” Mr. Beck sald that the Smith case presented unusual phases. He sald there was no accuser, that no formal charges had been made and that there was no contestant for the Smith seat. All that the Senate or commit- tes had betcre it was the testimony in an ex-parte investigation con- ducted by the Reed committee. Mr. Beck said he did not wish to reflect in any way upon the Reed com- mittee, and that he thought it had done good service in calling to the at- tention of the country expenditures of money in political campaigns. He gave a summary of the testimony be- fore the Reed committee in the Smith Investigation. This testimony, he said, developed the fact that Col. Smith had been president of a small bank in Tllinols, that for 80 years he had been in public life and that there had never been a stain against his char- acter. Describes Smith Fight, ‘When Col. Smith had determined to Engineer Accused Of Seeking Power The charge that Maj. Harold C. Flsk, Army enginesr at Chatta. * nooga, Tenn., had asked an appli-} cant for a power site on the Tennesses River If ft would be will- ing to finance hearings before the} Federal Power Commission was made today by Chafrman Jam the House military committes, ing the Muscle Shoals h He sald he was considering recom- mending court-mmartial proceedings, and when Maj. Gen. Jadwin, chief of Engineers, sald Fisk apparent- Iy had acted under the law, James said the general al should court-martialed it he “condoned ch action.” “I don’t thiok you are a fit man to be chief of engineers,” James?! added. The chalrman said and added that he would bring out facts to show that Fisk had asserted to the ap- plicant that Congress had made an insufficlent appropriation for preliminary hearings and that he wished to know whether aid could be expected in financing the pro- ceedings. committea to the fact that Col. Smith had testified before the Reed commit- tee that he had nothing to do with rafsing money for the campaign and that he had instructed Mr. Moore not to mecept any contribution which would put him under obligations to any one. “‘Col. Smith did not knew what con- tributions had been made until after the primary,” sald Mr. Beck. He ad mitted that Col. Smith had known that a contribution was made by Mr. Insull, but insisted that he did not know how much. Quotes Insull Testimony. “Col. Smith is not repudiating what Mr. Moore has done,” said Mr. Beck “but the fact is that Col. &mith had departed to speak throughout the State and knew nothing about the de talls of the Insull contribution.” Taking up the testimony of Mr. In sull before the committee, Mr. Beck said that Insull had sald he did not like Senator McKinley nor Senator McKinley's vote for the World Court. He said that Mr. Insull had testified that_every dollar he contributed to the Smith campaign and to the anti- World Court campaign was his own money; that there had been no ar- rangement to reimburse him by any public utilities corporation “No public utilitles corporation ever contributed a penny to the Smith campaign,” sald Mr. Beck. He added that Mr. Insull had a right to con- tribute and that it was an error to call the money Insull gave, public utllity money. Instead of granting favors to the Inaull corporations, the Commerce Commission, while Col Smith was at its head, had put into effect many great reductions. Further more, Mr. Beck argued, if Mr. Insull had wished for favors from Smith as head of the Commerce Commission, he would not have expended his money to make him Senator and take him off the Commerce Commission. Studebaker Contribution. “What {8 your explanation of the contribution made to Col. Smith's campaign by Mr. Studebaker, another public utility man?" interrupted Sen ator Caraway at this point. Mr. Beck said that he supposed that the explanation would he the same as that he had given for Mr. Insull'a contribution; that he did not know why men of large means con- tributed to this or that campaign fund. “Mr. Studebaker was a citizen of In- diana,” said Senator Caraway. “Have vou any explanation why he should contribute to the campaign in Illi- nois?” I have no information,” said Mr. Beck. “Is there any evidence to show that Mr. Studebaker made a contribution to any other political campaign?” asked Senator Caraway. “I don't know, Senator,” was the reply. Not Smith Gift. It was developed later that Mr. Studebaker had mot appeared before the Reed committee, but that he was motoring in New England or Canada at the time the committee met in Chicago. Mr. Beck cited the Federal corrupt practices act of 1925, calling attention to the fact that it does not cover primary elections of a political party and that apparently Congress in enacting it either had in mind the Supreme Court decision in the Ne: berry case, or had continued to ob- serve the ancient policy of leaving such matters to the States. -“It is easy for newspaper offices to say that the money contributed by Mr. Insull was public utilities money and that Mr. Insull's contribution to Mr. Moore was in reality a gift to Smith,” Mr. Beck said. “‘But the facts did not hear out such conten- tiona."” He contended that under the law of Tllinols Mr. Insull's contribution was a perfectly proper gift, but that it was not a gift to Smith. Senators Quiz Beck. Senator George of Georgla, Senator Caraway of Arkansas, and other mem- bers of the committee questioned Mr. Beck as to the responsibility of a can- didate for office for anvthing which the treasurer of his campaign commit- tee might do. Mr. Beck told the committee that he saw no impropriety in the size of the contributions to campaign funds. The important question, he said, was how such money was collected and disbursed. There has heen no charge that the money expended for Col. Smith had been expended corruptly. One of the greatest evils that con- front the country today lles in the fact that the people are no longer in- terested in politics, but glve their at- tention to movies, base ball and so forth. Therefore, he said, contribu- tions to influence the people to take part and be interested in politics are really beneficent. “If the mere amount of money ex- pended in a campalgn Is to disquali a Senator,” sald Mr. Bec ‘ongress should pass u laiv so that the rules of the gume would be known." enter the race for the Senate in 192§ he had no organization except that of his friends. He was opposed by Senator McKinley, a sitting Senator and multimillionaire. Allen F. Moore fook charge of the Smith cam 4 collected and disbursed the hile Col. Smith was engaged in_stugiping the State. Suys Senate Limited. Taking up his constitutional argu- ment, Mr. Beck sald that over & perod of 140 years, even when party passion was running mountain high, there had never been a suggestion that the door could be shut in the face of a Senator- designate because of something he had done or was accused of doing. Out- side of the qualifications lald down In the Constitution regarding age, resi dence and citizenship, Mr. Beck said, the Senate had no right to go in pase- ing upon a Senator's right to be seated. . The Senate, he said, could not write in other qualifications. If so, the choice of a State could be limited to a vanishing point. He cited the case of Danlel Webster, sent to the Benate by Massachusetts for years. Senator Webster, he sald, did not pay his debts and was loose in other matters, but there never wus any suggestion that the door should be shut in his face by the Senate. Massachusetts sent him to the Sen- ate because of hLis great intellect could perform for In barring Smith from his seat pending the committee investigation, the Kenate based its action on the evidence obtained by the Reed com mittes. Chairman Ernst had invited the Missouri Senator to attend today's and future sessions on .ne sSmith called the attention of the-case. t . Hear.i_llg~ Fwigancing 'I'u B JUDGE'S DRY ACTS EJNVESTIGATED power in enforctug @he prohiMtien Y and demanding-dte fmpeachment roferred by th Flouse yesterday to its juMolary tommittes for con- sideration, Aotion osme without s gecord vote and after Representative La Guardia, Republican, New York, anthor of ] ) resolution, had demanded impeac- ment of the judge on the House floor. A last minute move by Representa- tive Stalker, Republican, o York, to table the proposal was not voted on, Speaker Iongworth holding that it had been offered too late to be in or- der under the rules. . Charge of Conspiracy. La Guardla charged that Judge Couper, together with R. O. Merrick, who was in charge of Pederal pro hibition agents in northern New York, had “conspired” to send agents out to buy, sell and transport ligquor for the purpose of obtaining evidence and that subsequently the viclators so * trapped” were t 1 and sentenced in Cooper’s court The judge conspired with Merrick and others, La Guardia declared, to bring persons within his judicial dis trict to trial before himseif “by plac ing In the hands of sich persons the instrument of the erime and then pro. ceeded against them because of thé/ possession and us Names Three “Entrapped.” He named Robert C. Hayes, Rosario De Franzo and Alblon La Fountin as persons “entrapped” by this alleged practice. Representative Cramton, Republl- can, Michigan, several times inter- rupted Mr. La Guardia to demand that he confine his discussion to the charges and not the merits or de- merits of the case, whila Mr. Stalker declared that Judge Cooper “is ona of the most effective and efficient judsey’ in the State of New York."” PRESIDENT NAMES NATHAN CAYTON AS DISTRICT JUDGE' (Continued from st Page) ¢ as being particularly well equipped for this bench. Widely Indorsed. Cayton is a member of Naval sonic Order in this er of the League Mr. Lodge of the M city, and is a me of Republican State Clubs of the District of Columbia. He belongs to the Connecticut Avenue Citizens' As- sociation, and at one time was a mem- ber of the West End Citizens' As- soctation. He is a member of the Hebrew faith. Although Mr. Cayton is a membeg ; of the League of Republican State Clubs he was not the outstanding can- didate of the majority of local Repub- lican leaders. He was one of three candidates for the judgeship indorsed by the District Bar Association, the others being Needham Turnage and Harry Hoovel He also was Indorsed by a large number of members of the colored bar association of the city, as well as by several rabbis and ministe of Christian churches. TWO ARRESTED IN RAID. Men Accused of Making Book Dl,ll Races. A raid on two rooms in the rear of a barber shop at 803 North Capitol street late vesterday afternoon netted Headquarters Detectives F. A. Varney and H. E. Brodie two prisoners who are charged with making handbooks on horse races and a score or others who are booked as witnesses. The pair gave their names as Jol seph Roland, 32 vears old, 1030 Fair- mont street, and Alfonso Perruso, 34, who is said by the detectives to be the proprietor of the barber shop. They were released under $2,000 bond. When the detectives entered they were obliged to cover the crowded room with their pistols in order to pre- vent a rush. Fiske Wins Point in Suit. Chiet Justice McCoy in Cireuit! Division 1 has refused to strike out a declaration for $250,000 damages filed by Rear Admiral Bradley A} Fiske, U. 8. N, retired, of New York,. against Curtis D. Wilbur, Secretary of the N and Rear Admirals Willlam A foffett, Charles B. Mec- Vay and Claude C. Bloch for al- leged infringement of a patent of Admiral Fiske known as a torpedo- plane, Counsel for the officlals clailmed the declaration was too vague and uncertain, but the éourt held they must plead to the allega- tions of the declaration. ! A = ) Ask Coolidge for McCray Clemency Senators Watson and Robinson of Indiana urged President Coolidge to- day to consider serfously extending clemency to former Gov. McCray of Indlana, now serving a term in the ' Atlanta’ Penitentiary. The Evening Star Offers to Its Readers A New Map of Europe The World War remade the map of Europe. The map mukers and geographers, after new surveys and studies, have now caught up With what war did. A new map of Europe, which shows old and new boundaries old and new spellings and lates| accurate facts, hus been prepared fop our Washington Information Bureau. Readers of the Evening Star canjf now have an up-to-date map ford ‘home, office or school, at nominal cost. The map is in full color, 21 by 28 inches, on heavy paper, and the re- verse side carries ve complete statistical data on areas, populations, coinage, debts, transportation, come munications, etc. To FEvening Star readers at a postage and handling cost of only The Evening Star Information Bureau, Frederic J. Haskin, Director, 218t and C Sts, N'W., ‘Washington, D. C. 1 lncrl]:: herewith 10 cents In stamps (or coin), postage and handling charge for the Bure- pean map. Name . Street City State