Evening Star Newspaper, March 22, 1927, Page 2

92 e VIRGINIA FEE LAW TEST CASE BEGUN Jurisdiction of Mayor of Po- tomac in Speeding Charges Is Challenged. Challenging jurisdiction of Mayor William Kleysteuber of Potomac, Va., to try speeding cases sitting as magistrate in the Town Court there. Attorney Charles C. Collins of the American Automobile Assoclation, representing Alfonzo Brooks, chauf feur of an association member charged with speeding, last night in that court set foot the first test case to determine whether magis- trates receiving half-fees in event of acquittal are within the ban of the Unfted States Supreme Court de cision recently, declaring judicialf officers disqualified from trying cases| in the outcome of which they have a pecun Mr. mayor ground, on interest inz contention was that the was disqualified on two First, because he is paid the full fel only in event of conviction and, secondly, because mayor of the township he is interested ‘in rais ing the revenues for the township. ry Co! as Climax of Campaign. The development last night capped the climax of a vigorous campaign by the A. A. A. against practices in the Virginia town. More than six weeks ago the advisory board of the District division of the A. A. A. hadj adopted a resolution placing the hoard on record ““as being unanimously op posed to excessive and exorbitant” charge for costs in that township. The automobile association in inter changes with the township already had pointed to the fact that thel 15 miles per hour sped limit on the turnptke to Alexandria within the jurisdiction of the town had been made a method of raising town revenues at the expense of motorists Mr. Collins called attention of the court to the recent decision” of the United States Supreme Court in_the case of Ed Tumey vs. State of Ohio, where the court said: “It certainly violates the four teenth amendment and deprives a de- fendant in a criminal case of due pro cess of law to subject his liberty or property to the judgment of a court the judge of which has a direct, per Eonal, substantial pecuniary interest in reaching a conclusion against him in his case.” In that case the mayor of an Ohio town got a fee when there was a con- viction. but none when there was an acquittal. Mayor Denies Decision Applies. Mr. Collins pointed out that there must also be some interest in the out- come of the case so far as a judge is concerned when the judge gets only half as much upon acquittal as upon conviction. Mayor Kleysteuber told him the court in which he was appearing was outside the ban of the fee-system de- cision. Walter U. Varney, corpora- tlon attorney, then took up the argu- ment, stating that so far as the com- monwealth of Virginia was concerned, the pleading might have merit, but that the system appertaining in Po- tomac was full fees for conviction or acquittal, regardless. Section 3 of chapter 1L of the ordinance code of Potomac, V stipu- lates that the mayor shall receive the eame fee in prosecution of violation as is paid to justices of the peace in like cases. Section 3504 of the Vir- ginia State statutes prescribes one- half the fee usually charged in cases of acquittal before justices of the peace, according to Collins. After glancing at the book of town ordinances, it was agreed to overrule the motion and note an appeal, thus making the case a test case. Brooks was convicted, when no evidence was put on by the defense, and fined $10 plus $10 costs. Collins today was preparing a brief to take the case up to the Circuit Court of Virginia for that jurisdiction In backing up his contention that the mayor, since he was in an execu- tive capacity, was disqualified, Col lins today pointed to the working of the Ohio decision, stating: “A situation in which an official perforce occupies two practically and gerfously inconsistent positions, one partisan and the other judicial, neces- garily involves a lack of due process of law in the trial of defendants charged with crimes before him.” Virginia Law Mentioned. Virginia law was specifically men tioned by the Supreme Court in its decision, when it pointed to the fact that *“in Virginia the minor courts receive one-half of the usual fees where there is acquittal.” The case last' night is the first move to give practical effect nearby to the Supreme Court ruling. Collins announced last night that he intended, as a representative of the A. A. A, to take the case through the courts to a final decision. SELLING OF KICKLESS “HIGHBALLS” AT CAFE LE PARADIS ENJOINED | P (« ntinued from First Page.) of the premises was served by the prohibition administrator, it is stated, m Howe Totten, owner of the prop- . Decen and on the National Duty in Turkey to End UHDERR REAR ADMIRAL BR DL, BRISTOL NEW HEAD OF ASIATIC FLEET Commissioner at Constanti- nople Will Succeed Admiral Williams Next Fall. By the Assaciated Procs, Rear Admiral Mark L. Bristol is to be relieved as American high com- missfoner at Constantinople and will succeed to the command of the Asiatic fleet, upon the retirement of Admiral C. §. Williams next Fall TUnder the new agreement with Turkey, made necessary by failure of the Senate to ratify the Lausanne treaty, provision is made for re- establishment of diplomatic and con sular relations and the appointment of Ambassadors soon as possible.” Mentioned for Ambassador. Admiral Bristol's name had been mentioned as a possible selection as American Ambassador, but his as- signment to duty with the Asiatic fleet definitely eiiminates him from the field An American Ambassador will be sent to Turkey, probably before Admiral Bristol leaves Constantinople. No definite time for Bristol's de- parture has been fixed, although Admiral Williams will retire on ac- count of age in October and will re- turn to the United States on leave hefore his actual retirement takes place. No Reflection on Williams. It was made plain at the Navy De. partment that this change in no wa reflected on Admiral Williams’ creditable service as commander-in- chief of the Asiatic fleet, and there way with his handling of the delicate situation at Shanghai and other dis turbed areas in China. FIGHTS FIRE ATTACK WITH MACHINE GUN Birger, Illinois Gang Leader, Re- pulses Men Trying to Burn Home. By the Associated Press HARRISBURG, 1L, March 22.— Five men attempted early today to burn the home here of Charles Birger, gang leader, but were forced to re- treat when met by revolver and ma- chine gun fire. About 30 shots were exchanged, but no one was wounded. Birger said the men were from Frank- lin County and were known to him. Birger was in the house with his wife, two daughters and two friends about 4 a.m. when five men drove up in an automobile and stopped half a block away. Four of them, Birger sald, crept up, carrying a large can of gasoline. As the men were pouring gasoline along the east side of the house, Birger opened fire, emptying two re- volvers and then turning a machine gun on the attackers. Three men ran to the rear and drove away rapidly with the ynan who had remained at the wheef. The fifth man found his way to a restaurant down town where he summoned a taxi and was driven to Franklin County, Birger sald he learned Birger, accompanied by a local at- torney, went yesterday to Henton, county seat of Franklin County, te confer with an attorney there on plans for his defense in approaching trials on murder complicity and as- sault to Kkill charges. The gang leader xaid today he was confident he would be acquitted. MANY WAN;I' TO BE “HEIR.” SAN FRANCISCO, March 22 ().— More than 100 persons have indicated their willingness to become the heir 0 Count Freidrich von un zu Schoen- born, Austrian nobleman, who recently appealed to a friend here to find a blooded American” to succeed s, Incorporated, on the following but the alleged nuisance has not been abated, it is claimed Prohibition Agents Hz itt, Daniel . Lyons and Lindsay Stott, with Policeman Dowell Mans- | field and Miss H. K. Mansfield of the Woman's Bureau, made afidavits at ed 1o the petition for ths injunc n. They forth that they made various v to Le Paradis during December January and caw fre quent violations of the law against drinking in public. They tell of see. ing large numbers served with ginger i | Douth w’ N\ set its ale and glasses containing cracked ice, | oured liquids {om nd “whisky" and med by patrons of they aver, they saw place in u state of in which they saw bottles labeled “'g the contents con: the cate. La women l¢ intoxication Assistant U cutt stated today e in th sidistrict seeking to prevent f ants in pub sumption of i admitted no i | the estab the ted States Attorney that Or th Jic plac sales have lshment as agal n place facilitating drinking has been sustained, he said, in York, Chicago and Denver. The pro ceeding s under section 22 of title 2 of the Volstead act, he said The temporary restraining enjoins the owner of the property and the company operating the cafe, as well as Meyer Davis personally, from continuing to maintain a place where the public consumption of liquor may be facilitated. It will remain in force until counsel for the defendants flle a motion to dissolve the injunction or make denial of the c s and ask a hearing by the court which they 1ain thelr denial of such violations as are alleged in the bill of complaint The made ight 10 an sance by st having a n public order in Saxonv are affecting b this I the first | New | “true to his estate in Czechoslovakia The count’s friend, 0. E San Francisco newspaper editor, made | public the request. The estate Is xaid 1o be worth only about $10,000. Count von un zu Schoenborn is 70 years old and has no Hving relatives: 2 ;Landes May Quit Farm Loan Board | By the Associated Elmer 8. Landes is considering re- signing as a_member of the Federal Farm Loan Board to accept the presi- dency of a bank in his home town, Wooster, Ohlo. He was appointed by | President Harding in 1 term would not expire until 1930, | | | Nate hanged { murder, i thix his Slays Self Before Execution, DANVILLE, 1, March Harris, colored, sentenc here April for a double nanged himself in the county morning. He tore a strip blanket and used it as a it noose injunction | NOONDAY LENTEN SERVICES i | B. F. KEITH'S THEATER | 12:30 to 1 o'clock | | Speaker Tomorrow: Rev. W. S. Abernethy Service Conducted by Rev. W. M. Heffman Every One Invited—No Collection was no intention to interfere in any ! and his THE FORD LIBEL SUIT CHARGES FAULTY Sapiro Meets Obstacle When Court Upholds Errors in Declaration. Br the Aszociated Py DETROIT, March The plaintiff's declaration in Aaron Sapiro’s $1,000,- 000 libel suit again Henry Ford was pronounced faulty and in need of several amendments today by Judge ¥ M. Raymond of Grand Rapids, Mich The declaration sufficient in many said the judge. I suggest to counsel that before the case can go to the jury, it needs to be amended in several particulars to clar ify the that the trial can ng about an equitable result.” The declaration cons s of 21 counts including 141 points and makes 569 paragraphs The first count was up when Ford's counsel allegation of insufficiency Urges Early Action. it nds i in- its allegations, as it s of fssues so being taken made its After Judge Raymond's pronounce. ment, William Henry Gallagher of Sa piro’s late day for the matter. “Do I unde the defense to bring up tand counsel to intend to suy that he thinks the declarations should stand without amendment asked the court ‘Oh, no, no, no," “It will be amended. “Of course that is up to the discre- tion of counsel and certainly not of the court.” replied the judge. He added that the amendments conld he made at any time, but urged that they be made as soon as possible. Has 20 Allegatlons. The first count contains 20 allega- tions of libel and it was one of the 20 under discussion. Sapiro's counsel said thev probably would file the amended deciaration to. mororw morning. The paragraph to which took exception and which his criticism of the declaration reads i ttlemen of the West last year reorganized their association, partially on the Sapiro plan with Jewish agents hovering around the new project seek- ing to get control of it The Sapiro plan will get 'em if they don’t watch out.” replied Gallagher. the judge resulted in Cameron Takes Onus. born Independent, assumed full. re- sponsibility for everything published in the weekly and denied it devolved upon the motor car manufacturer. Sapiro, Chicago attorney, who be- | came widely known for organizing | farmers’ co-operative agencies, alleged that he was damaged by anti-Jewish articles printed in the Independent. “You're the editor; pe sure you are right,” became a formula for Mr. Ford's remarks to him, Cameron testi- fled, when he sought to go into mat ters of the editorial policy of the pub. lication, of which, as president, Mr. Ford was titular head. Even after the Independent re- celved a demand for retraction after it had printed articles naming Sapiro in connection with an “international band of Jews seeking to ‘dominate Ameriean agriculture,” Cameron said that Mr. Ford's formula still was ap- plied. "Did he ask how far you had gone?" asked William Henry Gallagher, chief of Sapiro’s counsel, I never discussed details with Mr. Ford,” was the reply. Arguments Disperse Crowd. The long, technical legal arguments of the suit had a visible effect today on the crowd of visitors. Kor the first time since the trial started the | corridors were clear as court opened. | Cameron took the stand at the start. He was testifying when court ad- journed vesterday Cameron was asked for the letter | assigning Harry Dunn te writing up | the story of the California fruit deal- ers. He said he thought it was ex- hibit 11, hut what the exhibit was | was not made clear. Cameron sald he did not know | whether he had talked with H. W. Roland of the Dearborn Independent staff regarding Sapi Roland car- ried on the correspondence with Dunn on the Coast. He did not remember discussing Sapiro until the facts be- came “pretty prominent.” The witness sald he did not discuss the policies of the paper regarding piro’s activities, hecause he was editor-in-chief of the paper. “When 1 am running a paper, T don’t wish to accept any one else's judgment on a matter like this.” “How long prior to that did you con- template such a series of articles?” “I do not know that we contem- plated them at all uptil the facts be- came pretty important,” replied the editor Cameron was positive in his asser- tions that he had not discussed the series with any of the other heads of the Ford organization. “Why are you so certain?” Gallagher, “Because I am the editor and these matters are in my judgment,” he re- plied, and a moment later reiterated, “if T am going to run a paper, I run it. I am not going to be responsible for anvbody’s judgment in a case like that.” [ I i asked Cameron Parries Queries. neron parried skillfully a dozen efforts by Gallagher to pin him down to the details of conversations with Mr. Ford, and others were blocked by objections of the defense sustained by Judge Raymond, & After quoting Mr. Ford's “formula” of “you're the editor; be sure you are right,” the nearest Cameron came to repeating phrases from the old conver. sations was to admit that there wore at least two I n'!l tmrmv‘.’;u- the first from the | gecond,” he replied when 1 autl for the words of the “fiat" commmend tion was made. He admitted that his last conversa- tlon with the motor manufacturer was “within recent months,” hut no detall of that meeting got into the recor Gallagher and Ford's attorneys had an altercation over the presence in court of the records and correspond ence of the company. There seemed to be a misunderstanding over what was wanted | Articles in Independent. An-article that appearel in the In- pendent Aprib 12, 1924, was intro by the pialntiff, which said the perative organizations on the Coast were prospering until the Jew- fsh activities began to be felt. Another saii: “A costly, cumber gome, usually inefclent and always extravagant organization is function ing for the benefit of the promoters of said alleged conspiracy for the Jesser iights of Jewry who surround them and for the Gentiles who for | money or for other reasons have he- | come human camouftage for the op- | erations of the organizers of the new form of cooperative marketing." Gullagher introduced u headline over four pletures, one of which was of Supiro, which read, “All Little Pals Togethe Suve the American Farmer. he other pictures were. of A. D. Lasker, Bernard Baruck and Sugene Meye A subhead the nrticle “The Story of the Sapiro Bove."” Ralling fnto an uncharted realm ye terda: means of examination of ] EVENING Federalq counsel protested that it was a | W. J. Cameron, editor of the Dear- | | haired | This car, ingtos Iast week. James ¢ said he was on his way to Mr. Hitt's were alleged to be in the car at the timg transportation of liqu rfax Embassy’s Action Saves American From Deportation | By the Associated Press, MEXICO CITY, March 22.—The United States embassy and consu- late secured the release from juil vesterday of an American citizen, Narcissus A. Cuyas; who had been confined incommunicado since Thursday, with the police refusing to state the charges Against On the embassy’s insistence was revealed that Cuyas, an ploye of the Sun Insurance Co., was charged with “violating the Mexican insurance law. by defam ing the national insurance com panies.” This is construed as meaning that he had told custom- ers the policies of foreign com- panies were better than policies of Mexican companies. Through a note which Cuyas suc- ceeded in smuggling out of the jail Saturday the embassy learned that an order for his expulsion as an “undesirable citizen” had been prepared, and that he was to have been expelled from _the country today. 29 it | em Cameron, the plaintiff was able to | map out the inception of a series of {articles in the weekly newspaper which Sapiro claims damaged his ef- forts to organize farmers’ co-operative organizations. In addition, they learned the name of the writer of the articles, and were able to spread boldly upon the map an outline of their intention to de- mand from the motor manufacturer the $1,000.000 because he was able to pay it, and shade in their intentions to prove ‘that malice in Ford's heart in- spired the articles and maliciousness was shared by Cameron and the pub- licatior. Harry H. Dunn of Berkeley, Calif., writing under the penname of Rob. ert Morgan, developed the allegations of the articles and wrote them, ('am- eron testified, and they came in re sponse to a letter to Dunn from a member of the Independent’s editoral department. Ford Is Absent. With “he trial gkadually progressirig toward the time for Mr. Ford to be called as a witness, he still held aloof from the courtroom It was stated by plaintiff that Mr. Ford might be reached by Friday or that he might not be called untii next week. Should he not be called this week. however, the trial promises to pro- duce one of its big spots with the tes- timony of Mr. Sapiro. Sapiro, himself an attorney, has taken no active part in the trial, ex- cept to advise frequently with Wil- liam Henry Gallegher, his chief coun- sel. He sald that it would be “dramatic” for him to question Ford, but that he “would not” do that, After nearly a full day of argu- ments in the absence of the six wom- en and six men of the jury vesterday. Federal Judge Fred M. Raymond ruled that evidence hearing on Ford's alleged malice towards the Jewish people as a whole or his ideas of the race as a whole would not be ad. mitted. Testimony concerning smaller classifications or groups of Jews form- ed a question that he would decide only after deeper study, he said. Sapiro Is Counsel Sapiro, one-tlme street gamin and orphanage walf, was admitted to the bar of Judge Fred M. Raymond's court on the opening day of the hear- ing. Thus far, however, the black- organizer of farmers’ co-op- eratives has not addressed the bench, confining his part in the proceedings to whispered consultations with Gal- lagher or the latter's associates, Sapiro, one of nine sons and daugh- ters of a San Francisco teamster, was horn 42 vears ago. When his father died, he was sent with two brothers and a sister to an orphanage and, through excellence in grammar school work, won opportunity to enter Hebrew Union College at Cin- cinnatl. Here it was intended he should become a rabbi. Instead he left the college a year hefore com- pleting the course, declaring he be- lieved a church niust be an instru- ment to further human welfare! “rather than for the preaching of a' fixed and changeless creed.” Sold Newspapers at 6. In telling how, at the age of 6, he! and his brother sold newspapers and| matches in the streets of San Fran- | cisco, Sapiro sald “otherwise we! ould have gone hungry.” The court sessions apparently have not worried Sapiro a great deal. Hel smiles as often as any of the other principals in the case, and has noti hesitated to engage in a “staring" contest oceasionally with Stewa Hanley of Ford counsel. Cameron 18 perhaps one of the best| known newspaper men in Detroit. Of short, stocky stature, he speaks in! low volce, and thus far has success- | fully parried attempts of opposing | counsel to ruffle him. Several times, during his presence on the stand his inquisitor has appealed to the court to Instruct him to answer “yes” or “no” instead of putting into the record hat he wanted there.” Prior to taking over editorfal di- rection of the Independent, Mr. Cameron was connected with the De- troit News as an editorial writer, and oceasionally wrote philosophy. Despite, his heavy editorial duties, he has found time also to conduct a Bible | class in one of Detrolt's Presbyterian churches. { counsel for the rt; | Reed Is Satirical. Senator James Reed of Missouri, heading the Ford counsel, has shown spectators many of the characteris- tles for which he has been noted in the Senate. Irony and satire have come from his lips; there have bheen soft_spoken words as he toyed with his horn-rimmed spectucles. At unother moment he glares over the gluswes 8t the Jury us with torcible words he endeavors to put over a telling point. Following the introduction of fm- proved machinery, lignite mining in Germany is done almost exclusively | above ground. STAR, WASHINGTON, D. (. TUESDAY, {city through which he pas: TELEGRAPH POLE THE VICTOR sine, belonging to William F. Hitt of Wash- its’ waterloo Hitt's chauffeu when it crashed into a pole who was driving the car, Middleburg estate. Two cases of gin e. Chisholm yesterday was indicted fi County grand jury. “PEACHES” LACKS FUNDS FOR APPEAL Must Look to Browning for Finances Under Separa- tion Decision. By the NEW neinted Press. YORK, March 22— Midnight having struck in the Cinderella life Peaches,” the 16-year-old bride of Edward W. Browning, today was sep- arated from the riches and splendor to which she had hecome accustomed No longer must her wealthy husband pay her $300 a week alimony. In fact, he need not pay a cent. The Cindereila of fiction retired to her chimney corner. Peaches went to bed, where she sobbed her disappoint- ment over losing her separation suit against the 52-year-old wealthy real estate operator. , He won his suit for separation. Automatically deprived by the de- cision of the $300 a week alimony she had heen receiving since Noyember, Peaches and her mother. Mrs. Cath: erine Heenan, are without funds to pay for an appeal. Mrs. Browning only claim to continued support is to return to her husband should he de- sire to take her hack Browning Is Reticent. The decision found Browning strangely reticent. “I haven't a word to say—not a word,” was his only comment when informed of the decision of Supreme Court Justice Seeger vesterday at Carmel, N. Y. Peaches recelved the news on re turning home from a shopping tour with her mother. Mrs. Heenan. who, Browning charg. ed, was the cause of the rift in rela- tions between him and his wife, re- marked: “Peaches must not be annoyed. She is worn out by the strain of &0 much publicity.” Browning's Counsel Hails Decision, Then came tears. Henry attorney for Peaches, said: “An appeal in such a case is very expensive business. Mrs. Browning has no money, and any money to finance the additional legal expenses would have to come from Mr. Brown- ing.” Browning already steln $8,500. Francis ~ . Dale, attorney - for Browning, hailed the decision as es- tablishing “public sentiment and pub lic justice” as “hulwarks against the designing female of the specles.” ““Had the decision been otherwise,” he said, “the public consequences would have been appalling. A multi- tude of young girls would have taken it as a signal to tie themselves to every man of wealth with the single object in view of separating them from thelr money at the further ex- pense of their good name.” TERRACE GRADING WAITS. The co-ordinating committee of the National Capital Park and Planning Commission talked oyer plans for the grading of Audubon Terrace as a new entrance to Rock Creek Park from Connecticut avenue today, but definite ction will be postponed until District Surveyor Hazen confers with the own- ers regarding the dedication of the land needed for the roadway Although funds are available to grade the terrace, Congress stipulated it could be used only if the owners dedicate the street to a width of 160 feet. Epstein, has had to pay MARCH 22, handed down | o1 1927, SURVEY 1S FINISHED FORTONEW STREETS Greatest Condemnation Pro- gram Is Ready for Commissioners. | The largest condemnation program ever proposed in the District, involv | ing approximately 40 acres of land within an area a mile long and haif a mile wide, south of Walter Reed Hos- pital, was completed today by Melvin C. Hazen, District surveyor. The Commissioners will be asked to #p- prove the progranr within the mnext few days. The land fs wanted for the open- ing of 10 projected streets, which, & cording to District officlals, will p the way for the development of the | entive northern area of the District. District to Pay Costs. The program calls for the con demnation of 1,650,000 square feet of land, including all or part of 170 par- cels. Within this area are 35 houses and 14 sheds and garages, with a to tal valuation variously estimated at hetween $500,000 and $800,600. Acquisition of the property Was made possible by an act of Congress which authorized the District to con- demn the land necessary for opening the streets without assessing adjacent property owners for all costs of the improvements. The District has au- thority to pay the costs where assess. ments would amount to confiscation. The streets which Mr. Hazen plans to open follow Fourteenth street, bhetween Mon tague street and \Malter Reed Hos- pital, to a width of 110 feet This would extend Fourteenth street about a mlile north. Thirteenth street, hetween Colorado | avenue and Walter Reed Hospital, to | a width of 110 feet, | Concord avenue, hetween Georgia {avenue and Rock Creek Park, to a | width of 120 fees Provides New Boulevard. Fort Drive, from Georgla avenue to to a width of 160 ing_of Fort Drive boulevard approach | from ~ Sixteenth [ Creek Ford road Nicholson street, Sixteenth streets. Piney Branch road, avenue to Fourteenth s Piney Branch road teenth street to Georgia Tuckerman street, from avenue to Thirteenth street. Van Ruren sireet, trom avenue to Fourteenth street Luzon avenue, from Fourteenth street to Walter Reed Hospital. BODIES OF AVIA’TDRS TO ARRIVE TOMORROW Brief Rites to Be Held at Hoboken for Capt. Woolsey and Lieut. Benton. The bodies of Capy Clinton F. Wool- sey and Lieut. John W. Benton, Army | pan-American good-w¥l aviators, who | ware killed in a crash st Buenos Aires on February 26, will arrive at Ho- hoken, N. J., tomorrow on the steamer Vauban. After military honors there the dy of Capt. Woolsey will be sent 10 his birthplace, at Northport, Mich., | for burial, and the body of Lieut. Ben- ton will be buried in the national | cemetery at the Presidio, San Fran- cisco. A group of airplanes from Mitchel Field, Long Island, which Assistant Secretary of War Davison and Brig. Gen. Fechet, assistant chief of the Army Alr Corps, expect to lead. will | meet the eteamer at sea and escort it to its dock. MRS. SMOOT GRAVELY ILL. | Senator’'s Wife's' Condition Serious, | | Fort Stevens on Sixteenth street, feet. The open- will provide a to Fort Stevens street near Rock from Thirteenth to from Georgia reet ! from Thir- cenue. Georgia Georgia | | Her Children Summoned. Mrs. Alpha Eldredge Smoot, wife of Senator Reed Smoot of Utah, con- tinued in a critical condition from an attack of the grip today at her home, 2521 Connecticut avenue. Four of six children, summoned here because of the serious condition of their mother, had reached Washington this morn: ing. and (wo other children were ex- pected to arrive before tomorrow. Mrs. Smoot has been in ill health for several vears. She is 60 years old. The four children here include Mrs. A. F. Cardon, Harold Smoot and Ernest W. Smoot of this city and Harlow Smoot of Long Beach, (Calif., while Mrs. Carlyle Nibbley of Long Beach. Calif. and Mrs. G. A. Rebengisch of Portland, Oreg., are en route to this city. Senator Smoot has been constantly at the bedside of his wite. | Weston, Noted Walker, Saved From poverty. Faces Death Fro By the Associated Press NEW YORK, March 22.—Struck down by an automobile while on his way to church to render thanksgiving in prayer for having heen rescued from the direst poverty by admirers who remembered his fame as a cross- continent walker, Edward Payson Weston, 88-year-old pedestrian, lay in the shadow of death today in St. Vin- cent’s Hospital. At one time the name of Kdward Payson Weston was on every tongue and he was cheered as a hero in every ed on his long hikes. As he had once been a New York police reporter, the New York Press Club formed a committee to raise a fund and the response was immediate and large. After numerous contribu- tions, Anne Nichols, playwright and m Auto Accident producer, a week ago Saturday set aside $30,000, the Interest to go to the aged walker as long as he lived. Yesterday Weston, almost entirely recovered from his {liness and with thanksgiving in his heart, set out from his Greenwich Village home to attend church services. As he plodded across the street at Seventh avenue and Eleventh street, his lagging steps pitifully contrasting with the long, irm stride of his days of glory, he failed to see an automobile bearing down upon him. There was a shout of warning from others who saw the danger too late to avert it, a crash, and a crumpled, gray haired figure lay sprawled upon the pavement. Weston was carried into St. Vincent's Hospital close by and it was found that he had suffered head injuries, which It was feared were critical for a man of his age and infirmity. Army Transport Speeds Toward Port With 4 Dead and With its hospital facilities crowded, the Army transport Chateau Thierry is speeding toward San Francisco bearing the bodies of four soldiers who have succumbed to influenza, and with 58 persons aboard suffering from the disease. 1In addition 11 cases of mumps have developed. __ The Chateau Thierry's passenger Iist contains the names of 13 members of Congress among the occupants of the first cabins. SIx cases of influenza have occurred among the first-class passengers, but whether any of the Representutives have been affected has not been reported to the War Department. The others ill are mem- bers of the ship's crew and soldiers aboard. The Chateau Thierr; from New York to where she will arriv is_en route an Francisco, tomorrow night. 58 I].l From Influenza Four Army surgeons, extra Medical ps enlisted men and nurses aboard | the transport as passengers assisted the ship's personnel in halting the epidemic. The influenza broke out when the ship was two days out of Panama. The four privates who died were reported to the War Department as follows: Gordon P. Brown, Coast Ar- tillery, Westville, Ohio; Grover L Daniel, Infantry, Rocky Mount, N. C Albert, . Johnson, Fleld Artillery, Rennett, Wis.; Daniel Serfozo, Afr Corps, Bridgeport, Conn. « The thirteen members of the house abourd are Representatives Curry, California; Glynn, Connecticut; Grit: fin, New York; Iardy Chalmers, Ohio; Winter, Wy Lettsg Towa; Thurston, lowa; Califarnia; Crumpacker, Oregon ht, " California, Goodwin, and Jaret, Delegate from Accused Wife and Murdered Editor wWioe ¢ worLp Above—Mrs. Ruth Snyder, who con- fessed to plot to slay her husband, Alhert Snyder, below. PAIR NOW DENY SNYDER MURDER: HELD WITHOUT BAIL (Continued from First Page.) blood when the art editor was slain He said a blood-stained kimono and a nightgown of Mrs. Snyder were burned after the killing. Gray had been regarded I his friends as a man of exemplary con- duct. He was an active church work- er in East Orange, where he lived. His affair with Mrs. Snyder origi- nated in a flirtation in a restaurant two years ago. Police doubted Mrs. Snyder's first story of “giant” burglars when they found a diary which told of her af- fair with Gray, and when they found jewelry which she sald had been stolen. Clues Lead to Confession The unforseen clues which murder leaves to trap its perpetrators were never better fllustrated than in the events which forced the confessions of Henry Judd Gray and Mrs. Albert Snyder. They id they planned two phases of the alibi, which was to prove they did not club the woman's hus- band to death. One was the planted evidence of robbery in the Snyder home, which was to show that Mrs. Snyder had not been in her husband's room. Immediately after her arrest M Snyder, astounded when the police re- marked that the case did not have the “feeling” of a burglar's job, exclaimed: “What do you mean? ust that it doesn’t look righ “How can you tell? “We see lots of burglaries. They aPen’t done this wa was the police reply. Six Flaws In Arrangements. Six distinct flaws appeared fn the plotters’ arrangements, as follows: There was no contusion on her head where she said she had been struck, and no marks where she had been tied, The job did not have the ear marks and the characteristics of burglars. The entrance had not heen forced, indicating that the intruder had been admitted. There was scant medical precedent for a woman's remaining in a_swoon for five hours without real physical injury. The jewelry which Mrs. Snyder said was Iylng in the bureau was found under a mattress Snyder’s revolver was found on the bed, broken open at the breach, but not discharged, apparently having been put there in a clumsy effort to suggest that he had reached for the revolver and sought to make a resist- ance. ‘Alibi” to Preclude Mercy. The second phase of the alibi was Gray's supposed. presence in a Syra- cuse, N. Y., hotel at the hour when ! Snyder was supposed to have been killed. This alibi proved “too perfect' and now that Gray has confessed, it rises up to stand between him and the hope of legal mercy, which he might claim by showing rthat the killing was not_premeditated. Gray, mancled to two detectives, v hrought to police headquarters in New York this morning. As the trio stepped from an automobile, a swarm of photographers rushed toward them Gray burfed his face in his chest and, | with the detectives, ran up the stairs, He was taken to the identification room, where he nervously puffed at a cigarette, Mrs. Snyder Faints. Mrs. Snyder was brought to police headquarters later through a reaf door. She falnted as she was being | taken up stairs In an elevator, but was | soon revived. Officials decided to post- none her appearance in the routine “line-up."" Police surgeons, after examining Mrs. Snyder, decided that she was too upset to stand the ordeal of benig | Jined up with other prisoners arrested during the night throughout the city and she was removed to Queens County In an automobile. Gray was taken back across -the East River to Queens County to be formally arraigned. Police sdught to evade the crowds of reporters and photographers by going out of a side door. But the reporters sensed the scheme, and when the manacled pris- oner, guarded by bluecouts, emerged there was a rush, the boom of fHash- lights and the grinding of yards of movie reel. Gray wincgd when he saw the crowd | and ducked his head under his over- coat Meanwhile, efforts to keep nyder from the photographers also failed. After she had bean sufl et ly revived, she was led out of the build- ing by officers. She paled slightly when " the flashlights exploded and burfed her head under the collar of her fur coat. The police car was tied | up for five minutes in the jamming crowd. Mrs. Snyder wore a blue champagne-colored stockings, alligaton skin pumps, a green hat and a heavy fur coat. It was noticed that she still wore her wedding ring. WIFE STANDS BY GRAY. Mrs. . | Retalns Lawyer, Saying She Does Not Believe Confession. FAST ORANGE, N. J., March (). —Support from a loyal wife came to l(’}r)’ Judd Gray, held in Arts has RIOT OF STUDENTS STIRS ANNAPOLIS Johns Hopkins Classes Battle in Armory—Ten Are Fined $23.50 When Arraigned. By the Associated Press ANNAPOLIS, Md, March Maryland's staid and anclent capital was recovering its composure teday after witnessing unprecedented trans- formation of usually austere State- house circles Into a volcano of ex- uberant truculence by half a thou- “ battle-hungry phns Hopking University underclassmen. A freshman class dinne caten against vehemently expressed sophomore wishes, but in a building sans window panes and dour panels, off much broken crockery and r protection of elght lines of high-pres- fire hose, was the cause. One lent seriously injured, fou others known to have received hospital ical treatment, a score nursing swollen heads, black eyes, sprains and bruises, nine in jail and a Na tional Guard Armory badly battered is the officially tabulated result Student Is Unconscious. ternard Brack of Baltimore suf- fered a possibly fractured skull fr a blow from a policeman’s night stick. At Annapolis Emergency Hospital he remalned unconscious for several hours after the battle had waned, and physicians feared that if comiplic tions arose his injury might prove tatal lohn eventually ¥ Grayson Turnbull of Towson, Md, and Gladstone Beadenkoff of Baltimore also went to the hospital with heads battered from contact with police billies. Turnbull wi leased at his own request, but police took him in custody on the hospl stepg, Erwin K. Gordon of Baltimer suffered head and neck Injuries when he was flung trom the top of & flight of stairs, and Baldwin Street, Balti- more, broke his arm in a leap from armory window. Nine Under Arrest. The nine under arrest on entering _and destroyin property, malicious mischief citing riot Included Joseph son of Tulsa, Okla The Johns Hopkins freshmen, strong, their destination presum secret, left Baltimore yesterday ning. Hardly had they seated selves around their dinner tables in the Annapolis National Guard Arm- ory when 175 sophomores descended on the building with a whoop tha rattled the windows of the executive mansion and gave pause to the Mary- land General Assembly in the State- house, a few hundred feet away. Fifty of. the attackers reached the interfor in the rush, taking window panes and door panels with them. The dining hall reeled under a barrage of crock- ery and tableware, which found marks on both freshman and sopho- more heads. Police Fire Shots. The Annapolis police force, num- bering four men, stormed the gathe: ing sophomores in the station, and, believing themselves to have been fired upon, emptied thefr pistols over the heads ‘of the rioters. The lead bit into the Armory walls, but otherwise made littie impression After officers of the National Guard had been refused permhission by Gov. Ritchie to muster their men to_clear the building, Mayor Alan Bowie Howard, who had been injured in the knee by a flying paving brick, called out the fire department. The sopho- mores were drowned out by eight high-pressure. streams of water. The battle attracted 3,000 persons to the center of the city, and held up all traffic through the town. The nine arrested students were to be arraigned today. Stite's Attorney A. Theodore Brady said the State property damage charge would n be pressed, as the classes had pledged themselves to repay it. 2 Ly CAPITAL ‘BELOW AVERAGE’ Grant Declares District Has Less Parks Than Most Citles. Washington is below the average city of its size in the percentage of lands- devoted to park development, Lieut. Col. Ulysses S. Grant, 3d, direc- tor of public buildings and public parks, told Miss Maria Ewing's class in “Washington Study" at Rauscher's vesterday afternoon. Col. Grant said that utilitarian methods in city planning were the most practical for obtaining beautifica tion. He illustrated his talk with lantern slides, and gave a short his- torical sketch of the development of the city and outlined plans for the future. Mrs. Henry W. Fitch was hostess. TABLET PLANS OPPOSED. Fine Arts Body Says Butler Plaque Should Go to Marine Structure. The of Fine dvised against placing of the memorial tablet to Brig. Gen. Smedley D. Butler in the Navy Build- ing at Eighteenth and B streets Taking the view that the Navy Building is a temporary one, and that it would not be a suitable place for the tablet proposed to be placed there by a Philadelphia organization to commemorate Gen. Butler's service as director of pub . the commis- sion wrote N Lejeune, Marine { Corps comman that the tablet should be placed in one of the perma- nent buildings of the Marine Corps. PIRATES ATT'ACK VéSéEL NEAR HONGKONG, WOUND 1 By the Associated Press. HONGKONG, March 22.—The Indo- China Steam Navigation Co. vessel Hopeans, from Shanghai Hongkong, has been attacked by pirates near Blas Bay, about 40 miles trom Hongkong. LONDON, March #).—A Fu- ropean passenger was wounded, says a Hongkoeng dispatch to the Evening News, when pirates looted the steam- er Hopeang off Blas Bay. The ves- sel was freed when the pirates com- pleted their looting, the dispatch adds, and now i= on the way to Hongkong. charges State * W in- hard- of 2 by eve- them- National Commission bound for connection with the killing,of Albert Snyder, magazine art editor. Mrs. Isabella Gray, the 29.year-old brunette who has been a wife to Gray for 12 years, was told of his alleged onfession early today, but continued to profess belief in her husband’s in- nocence. “I can't believe it and T won't be- Meve it until 1 hear it from my hus- band's own lips,” she said. “I still keep my faith in him. “If he has done s Is untrue,” Mrs. Gray said. alveady retained a New York for my hushand and will go to N York the first thing this morning. ‘That is all I care to say now." Lis confession