Evening Star Newspaper, February 18, 1927, Page 7

. LITA GREY CHAPLIN DENIED ALIMONY Appellate Court ;;)Ids Actor Was Not Notified of Legal Action. By the Assoc) LOS ANC Grey Chaplin went livi technically penniless. the 40-room Chaplin mansion in Beverly Hills with no immediate prospect collecting temporary f and distinguished husband as the adverse rulings hy in her 18, today on in of alimony from her wealthy re sult of a series of the appelate court gation divord Missing Children Lita | A series of decisions handed down | by the District Courv uf terday disposed of four appeals made by Charlie Chaplin's attorneys from Superior Court action in the case. Alimony Ilflhl llh-“ al. The appelate « i < porior Court had t-x:e"xlvd risdic- tlon in awarding $4,000 a_month tem porary y Chaplin with out serving legal notice on her hus. band in the proceedings. The appel- late order charge of Chaplin's property from paying the alimony. which Chaplin's attorn to collect for several weeks. She won, however, in the denial of three other petitions for writs of pro. hibition asked *by her husband's at tornevs, striking at the receivership and at restraining orders placed by the Superior Court on the handling of the comedian's affairs by Al Reeves, | his business manager. Appeals y its § Mrs, Legal Profession Interested. | The award of temporary alimony to Mrs. Chaplin by Superior Judge Wal ter Guerin, despite the fact that me\ defendant was not served with the di vorce complaint, had been watched by | lawyers, because, according to attor- neys in the case, had it been upheld. | it would have changed procedure in many California divorce actions. Mrs. Chaplin’s attorneys had argued that the presence of an attorney con- nected with Chaplin's interests as a | &pectator in court at the time the ali- | mony award was made was sufficient | assurance that Chaplin was aware »f‘ the proceedings. This the appellate court ruled could | not be construed to take the place of | service on the comedian, who left for New York just before the divorce | complaint was filed. Attorneys for Mrs, Chaplin said they now will wait until March 17. when, the period of service of the complaint on Chaplin by publication closed. they wil lask a new order. SHIPPING NEWS Arrivals at and _Sailings From New York. alimony ARRIVED YESTERDAY Fort St. George—Bermuda firuuns—mrmuda Santa M John’ DUE TODAY. Republic—Bremerhaven . DUE TOMORROW. Colombo.—Genoa : 0 o W fim—mmem-m EXPECTED ARRIVALS AT NEW YORK. Adriatic_—Mediterranean cruise Albert Ballin pure wrsizesions ? Aguit All\ln erpool .—SD“IhlmDWD ogotazPuerto_ Colombia” e b Powatkae—London . . enehen-Bremernaven y——W;ll Indies cruise. ::{z;n—hsno Limon L. Adama—World sdent Garfela—World " cm\:e Svidence Nareelle " . 8 3 Boiiharn Cross—Buenos Aires Srokhoim— Gothenburg - - 2 HISISISINIBNS 1o BERBOREEEERREEERENEEERS o OUTGOING STEAMERS. !A‘L'VG TODAY Po Prince lnél‘{:flo"éfl]flmbll lfld Clrllun. .—Null George Washington — Pl Cherbourg and Brem )lum!knhdb——?lrmomh Buu)ome and Lol ndon Frxnce—-Ph'moulh and Havre Noordam- te oo and Liverpool Ausonid_—Piymouth, ~ Havre aCobl lnd Liverpooi. . E:’i‘:‘fu—fl.‘ 2 3 s ek 3 == 3 3 ob: P lemm Santilago. Kingston ” Car- tagena and Puerto Colombia. Metapan—Havana. Kingston, 10 Barrios and Belize. . Hyron—San Domingo City Turks Tsland . ... ea—Halifax ani *t u 30 P.M Johne 1000 A M. | Jan- ario. Montevides ana “Buenos Agsonia—Landon lllb‘*l"nr! Td\r;) ara_Santa Domingo City fairMen e henectads- \n-nh el Fentmead— Antwerp | hearing restrained the receivers in | here | have tried vainly | Abov Below BERTHA COURSEY. SHE! LEGION AND TOURIST { AGENCY AGREE ON AD i s, zFirm to Discontinue Use of Em- blem Pending Suit by Veterans. By the Associated Pres BOSTON, February ~The suit brought by the American Legion against George E. Marsters, Inc., Bos ton and New York tourist agency restrain the latter from certain forms in its advertising. met with a tempo- rary agreement yesterday pending the of the case on its merits, which probably will be in about one month By a stipulation between attorneys in lieu of an injunction, it is.set forth that the defendant shall not use the emblem or name of the plaintiff, nor use its slogan adopted in connection with the 1927 convention to be held in Paris. t also was agreed that the agency would turn over to the Legion the mailing list, to which it had sent a pamphlet advertising a European tour in order that the Legion might state that that tour neither has the sanction nor indorse- ment of the official American Legion tour. The Legion, in its petition for a permanent injunction, set forth that the defendant had jeopardized the ex- tensive plans the Legion had made for moving its membership to France. A TEST FOR ENGINEER. Civil Service Commission to Till Vacancy at Annapolis. The Civil Service Commission toda: announced an open competitive exam- Ination for associate mechanical en- gineer (power plant) to fill a vacancy in the Engineering Experimental Sta- tion, United States Naval Academ: Annapolis, Md., at $9.12 a day. The duties will require the testing, together with making calculations and preparing test reports, of naval ma- chinery and similar apparatus for power plant purpeses. This involves the testing of pumps, auxiliary en- gines, turbines, blowers, valves, steam piping apparatus and instruments, condensers and other heat transfer ap- paratus. Competitors will not be required to report for examination at any place, but will be rated on their education, training and experience, Full information and application blanks may be obtained from the of- | fice of the United States Civil Service | Commission, 172 F street. RITCHIE NOT TO SPEAK. Texas Invitation Impossible, Due to Annapolis Session. ANNAPOLIS, Md., February 18 (). —Gov. Alhert C. Rifchie has received the invitation to speak before the Texas Legislature which was voted last week The governor indicated that he would not he able to accept, since the | Maryland Legislatura continues in ses- sion until after the close of the Texas sexsion M Colorado has two counties each onl, a little Jess than the size of Connecti- Tartar Prinos—Capetown.. cut. Match your odd coats with a pair of our special trousers. You select from the largest stock in Wash- ington—over 5,000 pairs, consisting of every new ma- terial, color or style. Look around the house and bring us your odd coats. We can match them!!! EISEMAN’S 7th & F Streets Why Pay More TROUSERS To Match Your Odd Coats 2 ishe was granted , to | THE e EVENING K0 WORD RECEVED OF LOST CHILDREN Boy and Girl Last Seen on Way to School—Divorced Mother Sought No trace had been found at noon to. day of Bertha Coursey, 11, and Shel ton Coursey, 9, children of James { Coursey, 125 C street northeast, who disappeared on their way to school shortly after 8:30 o'clock yesterday morning The two children were taken away in October, 1924, by their mother, Mrs. Piney Coursey. who was divorced by the father in 1921, and police are searching for her also. First Time to Go Alone. According to the stepmother, with whom the children now make their home, Bertha and Shelton left the house yesterday morning for their classes in the Peabody School, Fifth and C streets northeast, which is at- tended by the girl, and the Hillton School, Sixth and C streets northeast, where the boy attends. It was the first morning they had gone to school unaccompanied, Mrs. Coursey said, and when they did not return home at 4 o'clock inquiries revealed that neither child had reached school The parents were divorced in Flor- ida in January, 1921, with the father winning the decree and the custody of the children. In November of the same vear the mother hrought suit for divorce in the courts of Georgia, and divorce there Husband Wins Appeal. She then went to the Court of Ap- peals in Georgia seeking the custody of the children and won. Mr. Coursey, however, carried the case. to the Geor. gia Supreme Court, where the second decision was reversed and the case re- turned to the lower court, where the matter is still pending. The mother is now Mrs. Paul Youngblood. The stepmother explained today that she always accompanied the children to their schools, but vesterday it was impossible for her to do so. She feared a Kidnaping, she said, and she declared that several strange automo- biles have recently rarked near and have passed in front of the Coursey C street home. LA FOLLETTE TRIBUTE. Memorial Services for Late Senator to Be Held Sunday. tor Robert M. La Follette of Wiscon sin will be held in the House of Rep- resentatives on Sunday, February at 10:30 a.m. The memorial services will be open to the public. The list of speakers will inciude Representatives Nelson, Wisconsin; Rathbone, Illinois: Browne, Wiscon- &in: La Guardia, New York; Schneider, Wisconsin; Beck, Wisconsin; Norwood, Nebraska; Peavey, Wisconsin; Kvale, Minnesota; Berger, Wisconsin; Sin- clair, North Dakom Schafer, Wis- consin; Lampert, Wisconsin; Voizht Wisconsin; Huddleston, Alabama Frear, Wisconsin, and Cooper, Wis- consin. BUDS TWO MONTHS AHEAD Weather Threatens Damage Maryland Peaches. Spacial Dispatch to The Star. HAGERSTOWN, February 18— Apprehension throughout the Cum- berland Valley fruit belt was spread- ing today when it was observed that peach buds had started to swell, nearly two months ahead of time. A Springlike warmth took posses- sion of this section yesterday, with the mercury rising to a new Winter's height of 70 degrees. Easter flowers in outside gardens have pushed their way through the ground and are ready to bloom. A sudden freeze will doom the cherry and apricot crop here, accord- ing to growers, who declare that these two varleties of fruit are so far advanced now that they cannot sur- vive freezes, which appear inevitable during this month and March. TR to Riverdale Citizens to Meet. Special Dispatch to The Star. RIVERDALE, Md., February 18.— A mass meeting will be held tomorrow at 8 p.m. in the Presbyterian Sunduy School, to plan permanent road im- provements. A committee is expected to report proposed amendments to the town charter, authorizing a loan. YOUR 25 132 Memorial services for the late Sena- | 20, | CREDIT OVERCOATS STAR, Missing Flyer WILLIAM A. GRAY, Balloon pilot, sought after parts of lane in which he was rld ng were 'ound at Forked River, N. MRS. E. R. WCORMICK WRITES SONG WORDS |“I Wrote Not to Thee, Dearest,” | Title of Production by | Music Patron. | By the Associated Press CHICAGO, Februar | Rockefeller ' McCormick of Chicago. long a patron of the world of music, has again stepped to the other side of the musical footlights. ten the words for a n nor Everest Freer, Thee, Dearest.’ Mrs. Freer and Mrs, McCormick are among the most prominent of the wealthy supporters of music in Chi cago and particularly of the Chicago Civic Opera Co. They are Gold Coast neighbors also Mrs. Freer has compcsed many mu sical works, perhaps the best known being a volume of 44 songs from the | Portuguese, a_song circle for medium | voices. Tt has been described as “colos- sal work" by musical authorities. | Mre. McCormick wrote the words for |another Freer Tyric The words for “T Thee, Dearest,” are “I write not to thee, dearest, | I write to what thou art For the brightness of thy Blinds thee from my heart [ write not of thee, dearest, I write of what thou art For the radiance of thy soul Obscures thee from my heart. The fairest dew of God-made morn Is frail enough to be the tears That fall from my eves, dearest, Because T cannot sce.” DEPLORES :l'AX SYASTEM. Expert Assails Income Levy Where Losses Are Sustained. The situation in the income tax sys- |tem in certain instances, whereby a i{man in business has to pay income tax although his financial loss during |the year in enterprises outside his special line of business more than off set his profits in his regular business, | was deplored by James W. Beers, ex pert on income tax returns, Bureau of Internal Revenue, at a luncheon of the Kiwanis Club in the Washington Hotel yesterday. The speaker added that if the Con- gressman who is responsible for that Write Not dearest, such a situation were present at the luncheon, he hoped he would seek to have it changed. Members of the club were supplied with income tax return | blanks, and Mr. Beers explained some | of the complications involved in filling them out. + Announcement was made by Wil liam S. Quinter, president of the club, that the club’s committee on institu- tional entertainment would provide a program at Friendship House, 326 Vir- ginia avenue southeast, Monday night at 7:30 o’clock. duake Rocks Island of 5ersey. LONDON, February 18 (#).—A se- vere earthquake shook the Island of Jersey shortly after 11 o'clock last night. Jersey is the southernmost of the Channel islane Much alarm was felt by the residents because of the strength of the tremors, but no damage is reported. WASHINGTON, D. Mre. Edita | to| ace, dearest, | particular phase of the law creating | EAGLES CONFESSES LYING IN TESTIMONY GIVEN YESTERDAY (Continued from First Page) in a raincoat omnpd fire on Police man Frank L. He did not s«\ who fired on Busch explaining he knew none of the de fendants at the time, and when a ,‘barrage” opened up he rolled over ‘on a terrace and fled the scene. McCabe declared he had been drink ing heavily and feil asleep in the back of his eca which he said was driven by Proctor. He made two unsuccess ful attempts to escape from the three men in his car. he said. but was ordered hy them to remain. Eagles suffered his change of heart ahout 10 o'clock last night and phoned | his attorney, Louis Tannenbaum questing him to bring Attorney James A. O'Shea, counsel for Mc(abe, to the jall for a conference, he testified He then informed ('Shea, he sald. he wanted to “correct’ certain fea- tures,of his testimony vesterday. The move came as a surprise to the court- room. Admits New York Reward. The last 20 minutes of yesterday's sesslon was given over to a hostile crossexamination by O'Shea, which was interrupted the hour of ad- Journment. Spectators and court attaches were in an expectant mood this morning as it had been rumored O'Shea would have Eagles on the grill for the entire day to break down the ,“frame-up” against his client. The first “correction | by Eagles made under the name of Louis Silverblatt he was con- vic of petty larceny and assault in New York and had served several months for these offense; detailed all the occurren o'clock on the night of until the time of their 9:30 o'clock September 26, / tant United States George D. Horning, ir., | the cool proceedure he had exhibited toward the iwitness yesterday on cross-examination and carried Eagles on a rough journey through his vari ous statements on direct examination, drawing the admission that he had “lied while under oath." McCabe Forced to Go With Them. When Fagles first midnight September 25 he testified that the defendant was “drunk and smelled awfully of liquor.” In Mc Cabe's car he, Proctor and Moreno went into Maryland and held up two automobiles, he said. McCabe's car was abandoned at the first hold-up for the car of a victim and McCabe was ordered out of his own automobile Eagles said. The witness was very emphatic in stating that McCabe took no part in the hold-ups. He admitted that McCabe disabled the stolen auto mobile the quartet was riding in by pulling out a wire from under the dashboard. Then when McCabe fell to the ground in an effort to escape as they walked IO feld after abandoning the stolen car, Moreno. at the point of a revolver, ordered him to go along. McCabe also was ordered by Moreno to help push a car out of a barn, Eagles said. and it was this car that was abandoned near Soldier's Home because of a flat tire After having been approached by Policeman Busch and Ach and as the party of six walked east on Upshur street roctor spoke to Eagles, say ing: “Nick, we've got to shoot our way out of this," to which Eagles replied, he said, “Let's throw our guns away Eagles admitted he had a gun, on the stand today, but denied it vigorously vesterday As Officer Ach asked his companion to arrest the two men in front, whom Eagles said were Moreno and himself., ‘Proctor_shot his gun out and Ach started shooting.” At that moment | Moreno, who wore the raincoat, turned |around and_said he was shot, Eagles | testified. Tt was then that | Bagles and Moreno opened fire on | Ach, the witness testified, adding: “Me- Cabe jumped over a hedge and that ‘was the last seen of him Neither Proctor nor McCabe joined Eagles and_ Moreno in the cellar of | 4107 New Hampshire avenue, Eagles #aid today. arrest about i Attorney Says Proctor Fired. After Eagles had admitted that all statements made to the police, bath | signed and oral, were not correct and | explained why tude, he was asked by Clifford Grant, counsel for Moreno: “Who fired at Busch?” “Proctor fired the Busch,” replied Eagles, “and that true. Moreno did not open fire on Busch, but fired at Ach after being hit, and the hoth of us fired at Ach. “Thank you, I am grateful to vou, Mr. Eagles,” replied Grant, as he sat down. McCabe, under first shot direct questioning by his atforney, O'Shea, outlined his previous life and related how he drank whisky and gin in large quan- | tities the night of September 25 and | was introduced to Proctor on Ninth ' EISEMAN’S 7th & LS GOOD F Sts. AT Final Reductions AR e 1 T VER *35 OVERCOATS 19z OVERCOATS 24 Pay in March, April, May that | abandoned | McCabe at | both | he changed his atti- | at | is | C., FRIDAY, FEBRUARY 18, 1927. street by an acquaintance. He claims that he remembered little about the two hold-ups that night, but after the arrest of himself and his three companions, in Petworth, he was about to tell Policeman Ach some- thing when the shooting started. McCabe stepped down from the chair to a blackboard and showed the varlous positions of the four men, two of whom he did not know at the time. He testifled he had no revolver and did not fire on Busch and that he never had seen the other three defendants before the late hours of September 25. After he escaped from the scene he man until he reached Georgia ave- nue, where he caught a street car and arrived at his rooms at 1208 K street at 5 o'clock in the morning. Resident Describes Scene. Fagles' testimony vesterday after- noon was Interrupted while Wilbur H. Montgomery, 4215 Illinois avenus, and Dr. Willlam A. Darby of Balti- more testified for Moreno and Proo- | tor, respectivi The former told of | hearing shots on the morning of the | battla and of seeing a man. with his s side, huddle around Circle and disappear up Var- num street, while Dr. Darby testified | about an operation he performed on Proctor for the removal of a bullet {in his abdomen in Baltimore. Then Eagles took the chair and Clit- ford Grant, Moreno's attorney, re- sumed cross-examination. Eagles said at the moment the first shot was fired he ran about 10 steps to_ the corner and added it took him “about a second” to cover that distance. He stood there and watched McCabe grab Moreno and fire under the latter's arm at the police and Moreno broke away. Then he said McCabe ran and Proc- tor fled west on Upshur street. “And yvet both of them beat you te the celiar of 4107 New Hampshire avenue, when your could run 10 steps to the corner in one second?”’ asked Grant, and Eagles concurred. Fagles testified he saw Moreno fire threa shots “right at Busch." but he couldn’t tell who Busch was firing at. Charges “Put-up Job.” Referring to testimony by Dateotive Curtiss Trammell, who previously had testified that McCabe told him Moreno threatened to shoot if McCabe escaped from the “hi-jackers’ after the second car was robbed, Grant asked Eagle the facts. The witness jumped forward in his chair and yelled, “That was a put- up job between McCabe and Moreno! “Well, then, do you remember being present at police headquarters when the defendant McCabe told Detective Kelly that ‘if vou find the man who wore the raincoat you will find the man who murdered Officer Busch,’ and at that instant you fell out of a chair in a faint? 1 hadn’t had any sleep for— but the remainder of his answer was stopped by a howl of ob- jections from his attorneys. After objections were overruled and lagles was directed to answer the question, he said: “I can't answer that way,” and Grant pursued the I matter no further. O'Shea then took the witness and asked him to define h terms as ‘rod,” “gyp,” “hot car, ough life and “job." which Eagles did reluc tantly. rod,” he said, was a gun to gyp” was (o hold out something d\n\llvl be turned in to the hief"; A “hot car’” was a stolen car; a “rough life” was the “life of the sea and going around all over,” and “job" ras a_hold-up. ahe was ‘“perfectly sober” en zht of the hold-ups and shoot- Eagles declared, denying at the time that he ever said to the that that defendant was “drunk.” When the four defendants started out on the “hi-jacking” ex- pedition, Bagles said Proctor and Me- Cabe told him he would ‘“get beat up hy the police” iIf caught, and “if you get pinched don't say nothing. O'Shea and Eagles fought back and forth for many minutes on the ques- tion of who took the keys out of th | bandit car that held up Felix Solari on the Baltimore pike before that au- fomobile was abandoned for the one operated by the victim. The de- fendant's inquest testimony that | Proctor removed the keys was read [ to him after he had testified McCabe | removed them. Eagles was called upon for a positive statement of the facts, and after hesitating for a mo- | ment said, “McCabe or Proctor,” and supplemented this with “McCabe, I'm | positive.” O'Shea then read further | from the inquest testimon | Eagles was quoted as say ing McCabe | did_something to the wires in the car, and to this he replied: “The wires and the key: ,sxmo thing: when the key is taken away the wires are no good.” ame police Il]mouans Hear Dewey. Assistant Secretary of the Treasu: Charles 8. Dewey addressed the 1lli nois State Society at its monthly meeting at theWashington Club Wed. nesday night. The program included | vocal solos by Mrs. Mallette Spengler. | accompanied by Miss Isabelle Taylor; readings by Mrs. Elliot Schutz and vocal solos by Lawrence Murray. | Mrs. Otho F. James was chairman of the entertainment committee. Vics President A. R. 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