Evening Star Newspaper, August 19, 1927, Page 5

=. SCHWAB PREDICTS * MORE PROSPERTY Steel King Joins Gen. Per- } shing in Voicing Opti- i mistic Outlook. By the Associated Press. CHICAGO, August 19— is here to stay,” said Schwab, chalrman of the boar Bethlehem Steel Co. “The West never has looked eabundant with crops,” said Gen John J. Pershing. ‘With these opt mistic expression Mr. Schwab and Gen. Pershing left for the East last night after attend- ing the funeral of Elbert H. Ga Pershing returning visit through the West and a conference with President Coolidge. He said everywhere he saw evidences of prosperit crops, with the West ne well as it did on this visit. “I don’t #aid, “as I never wa Mr. Schwab declar mess was fine, goes the res! > 2 favorable outlook to the demands of the home ma Prospects for an internatic *war” as a result of a combi foreign firms were not considered | likely by Mr. Schwab, who said American firms were inclined to favor | the foreign comb a stabilizer of | distribution and as a means of avoid- ing overproduction. Prosperity Canrles M. Schwab. nd abundant ooking so politics.” he a politician.” teel busi- s so BOMB IS EXPLODED NEAR U. S. LEGATION IN SOFIA, BULGARIA (Continued from st_Page.) of Joseph Bravo, who, after an explo- slon Tuesday morning had wrecked the East Milton home of Lewis -McHardy, a juror in the § Va reported to police tl 5 been stolen from the building last Sat- urday or Sunday The stolen dynamite, Bravo told po- lice, was half of a lot he bought on June 18 and part of which he used in his contracting work. He told the officers one reason he had mot in- formed them of the loss earlier was that he had more of the explosive and was watching it in the expectation the thieves would return. BOMB DAMAGES THEATER. GURDON, Ala., August 19 (#).—The ‘Wright Theater was partially wrecked here early today by explosion of a bomb. which police said had been made by an expert. No one was injured. Police suspected an unidentified negro, Wwho was reported to have carried a package into the balcony at the night performance. F. E. Wright, owner of the theater, estimated the damage at $20,000 to $25,000 and said he knew no reason for such an act. Police said that while there had been intense interest he . in the Sacco-Vanzetti case, ther- -was nothing so far to show e-unection with it. SERVICES TOMORROW FOR REV. DR, MENEFEE Funeral _services for Rev. Dr. ¥lournoy Menefee, founder of Wash- ington College, in Eckington, a finish- ing school for girls, who dled at the home of his daughter, Mrs. Amelia M. Olmsted, 5905 Thirty-second _street, Chevy Chase, yesterday, will be con- ducted there tomorrow noon. Rev. Dr. J. J. Muir, chaplain of the United States Senate, will officiate, assisted by Rev. Dr. Roy Palmer and Rev. Dr. George Duncan. Interment will be in Loudon Park Cemetery, Baltimore. Honorary pall bearers will be George _Ross, Lamont Williams, George B. Linkens, Willlam H. Gott- lieb, Francis Brown and L. P. Steuart. Dr. Menefee, who was 73 years old, was widely known, having served at Baptist churches throughout the Veteran Dies at Walter Reed. Joseph H. Crovo, 49 years old. Span- §sh-American War veteran, died in ‘Walter Reed Hospital Tuesday after | & year’s illness. Funeral services were conduoted in the Knights of Colum- bus Hall at Walter Reed Hospital to- day at 10 o'clock. Interment was in Arlington Cemetery. -Mr. Crovo was a native of Baltimore and is survive by four brothers and thre iste Lactobacillus Acidophilus Call our qfl)flfitl “L. A" Milk (Trade For intesti disorders Ask your physiclan about it NATIONAL VACCINE AND ANTITOXIN INSTITUTE North 89 1515 U St. N.W | the c: |a revocation of sentence. | hat the | the statute.” | Justice Sanderson was brought by de- | | tice Oliver SACCO PLEA DENIED BY SUPREME COURT OF MASSACHUSETTS (Continued from First Page.) has authority to grant this stay under e of Bryan vs. Bates, 12 Al 0. he decision of the Massachusetts Supreme Court upheld the ruling of Judge Thayer that the motion for a new trial came too late because sen "e had been pronounced Neither the judge mor associates had jurisdiction, 1in the motion for | len, Decision on Writ., With regard to the petition writ of error the decision savs “The wording of the statute is clear and must be construed meaning uance of a writ of error in a capital case rests in the sound judicial discretion of the single jus tice to whom the application is pre ited,” and that “the petition was rightly denied.” | The petitfon for a writ of error sub- | mitted to the full bench was dis- missed because “a writ of error coran | nobis at common law has become ob- | solote in view of the express purpose of the Legislature as manifested by | | for a History of Case. ! The action before Judge Thaver and fense counsel after Gov. Fuller had | announced on August 3 his r and Vanzetti. lowed a few da of the report by hi advisory committee, which e an independent in: vestigation of the case and reached the conclusion that the two men had been given a fair trial. Defense counsel also petitioned Jus- Wendell Holmes of the United States Supreme Court at his home in Beverly for a writ of habeas corpus. This petition was denied. At the same time Gov. Fuller was asked for a stav of execution. He | had previously granted a respite from the week of July 10, when the men had been sentenced to die, to and in- cluding August 10. Late in the eve- ning of August 10, after the governor and his council had been in session, it was announced that a further re- spite had been granted to midnight August 22 “WORLD STRIKE” THREATENED. made to the Defense Committee Announces Final Effort for Convicted Men. BOSTON, August 19 (#).—A “world general strike™ has been called for next Monday, the last day of life for Nicola Sacco and Bartolomeo Vanzetti, un- less there s court or executive action causing dela The Sacco-Vanzetti defense commit- tee in a communication to local unions says: “A call has been sent around the entire world for a world general strike next Monday, August 22, in case all legal means have failed up to that time to save our innocent brothers from the electric chair.” Sacco, who several days ago ended a 30-day hunger strike, has broken, through a joint statement with Van- zetti issued through the defense com- mittee, the silence as to his reason which accompanied the fast. Protest Against Secr- ,. It was “in protest - che hcart and mind against * _ secrecy of Gov. Fuller’s ipv _ugation,” they sald. “We k- . on hunger strike until fore? _ feeding faced us. Our begin- ' ..« to eat food again was not a sign that we had stopped protesting. We will continue to protest, not only at the secrecy of the governor's investi- gation, but at the whole treatment ven us during the past seven years by those in power in Massachusetts. We will protest as we take our seats in the electric chair. 1110 G EST. 1879 Walter P. new motor Motor Car Manufacturer has an announcement of importance to make regarding an entirely be made public in the newspapers Saturday and Sunday. THE EVENING STAR. WASHINGTON, D. C. FRIDAY, SACCO-VANZETTI DECISION the judge nor any of his associates had jurisdiction to entertain the mo- tion By the Associated Press. BOSTON, Mass., August 1 text of the Massachusetts Supreme Court decision in the Sacco-Vanzetti case follows “The defendants, Sacco and Van zetti, who were indicted, tried and con victed of murder in the first degree, | lleged exceptions to rulings at the trial, as well a to the denials of numerous motions for a new trial, on various grounds, and the rulings of aw thereon, which were overruled and a rescript was sent accordingly on May 19, 1926, “The defendants, on May filed 2 motion in the trial courts for a ew trial on the grouids of newly dis evidence, which was denied to the exceptions of the de fendants, duly entered and argued in this court. On Apr 1927, these exceptions W he second case is a petition for a writ of error filed in this court Au- gust 6, 1927, Tt was heard and denied, subject to the petitioners' exception, by a single justice on the petition, which contained the following assign ments of errc 1. It appears from the afdavits filed and made a part of the record of 1id cause in the Superior Court that the Hon. Webster Thayer, the justice of said court, who presided over the trial of said cases and who subse- quently passed upon various motions with respect thereto, was so preju- diced againgt your petitioners and their counsel from the time of the beginning of said trial to and through- out the hearings and rulings upon said motions that your petitioners have not, had such a trial as that to which they are entitled under the Constitutions of the Commonwealth of Massachusetts nd of the United States of America, and that they have not had such a trial as constituted due process of law within the meaning of the fourteenth amendment to the Federal Constitu- tion, nor a trial by a judge “as free, impartial and independent as the lot of huminity will admit,”" as required v Article XXIX of the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. 2. It appears from the record of the proceedings, including the sub- stance of all the material evidence of- | fered at the trial, that the finding of the jury was plainly wrong. 3. It appears from the record of the proceedings, including the affida- vits filed in support fo the several mo- tions for a new trial, that the findings of fact made by the presiding judge in passing upon the petitioners’ severnl motions for new trial are plainly wrong.’ Provision of Common Law “It is provided by the common law as amended by the statutes of 1925 that in capital cases a writ of er shall not issue unless allowed by a justice of this court after notice given to the attorney general or other at- torneys of the Commonwealth. The wording of the statute is clear and must be construed as meaning that the issuance of a writ of error in a capital case rests in the discretion of the singl whom the application If we were to decide otherwi plain intention of the Legislature to discourage and prevent delay would be defeated pears in note 16 of the draft revi of chapter 112 on the proposed revised statute ze 224 in the report of the s to revise the General of the Commonwealth in 1834, system of crlminal procedure in criminal cases makes ample provision for the protection of the rights of those who are charged with the commission of crime by ex- ceptions, by motion for a new trial before sentence has been passed and by petition for a discretionary writ of error either before or after sentence. urged in argument *; counsel for the|It furthermore may be said that the defendants, nee® aot be discussed be-|assignment of errors of facts not be- nave just said, neither!ing connected with questions of jur- T S G R 22 We Pay Yo on your BALANCES Interest on checking accounts on daily balances — com- pounded monthly. ed. “The argument for the defen was full and exhaustive, cover every error claimed to have been col mitted either at the trial or any subse- quent proceeding, and it was decided as a matter of law there was evidence which would warrant a jury in finding defendants guilty. On April 9, sentence of death W posed in accordance with G. L. ( V. 2, The defendants were delivered to the sheriff in execution of their sentence and application for executive clemency was made under the provisions of Chapter 2, Section 1, Article 8, “onstitu tion of the Commonwealth. The appii cation having been denied, the defend- \nts on August 6, 1927, filed a motion for a new trial on grounds of newly discovered evidence and for revocation of the sentence. At the hearing of the motion the trial judge refused not only to rule as requested by the defendants, but denied the motions. and the de fendants excepted, raising the ques- tions presented by the record in the first of the c at bar. “It is contended that the affic in support of the motions show prejudice against them by the pre ing judge at the trial on the merits| that they have been deprived of their | constitutional rights to a trial by judges ‘as free and impartial as the Iot of humanity will admit’ B; common law as amended by the ute of 1922 a motion for a new in capital cases comes too late if made after sentence has been pronounced. It is within the limitation expressed in the statute. Failed to Show Error. “We now come to so much of this motion as asked for a revocation of sentence. The proceedings alread: referred to before the motion W filed when reviewed showed no error of law and the were ripe for sentence or judgment. The jurisdic- tion of the trial court ended under the statute of 1822 when the defendants were committed in execution. ‘An ap- plication for such revision (motion for revision of sentence) Is like a motion for a new ' (Commonwealth Lobel.). The defendants, therefore, have failed to show error. The judicial con- duct of the trial judge in hearing and deciding the motion ed on his own alleged bias or prejudice, although g Our Interest on ordinary savings accounts—compounded quar- terly. Interest on special savings certificates—compounded semi-annually. The Munsey Trust Co. Munsey Building Pa. Ave. Bet. 13th and 14th Sts. N.-W. Another Munsey Service—Real Estate Dept. SR Credit Plan The Easiest Way to Beat Tire Trouble Now you can get a set of brand-new, war- Chrysler car, It will ranted United States Tires—either U. S. Royal Cords or USCO’S On The Easy Payment Plan Any of our stores will fix you up with these tires without any finance or interest charges. Just show your registration card, make a small down payment and pay the balance as you ride. Store No. 1 3303 Conn. Ave. Store No. 2 2250 Sherman Ave. Store No. 3 3539 Ga. Ave. Store No. 4 634 Pa. Ave. S.E. Store No. 5 3009 14th St. N.W. Store No. 6 912 H St. N.E. ROYAL TIRE SYSTEM Open Evenings—and Sundays Until Three ELELELE - RtRYRtRYARYRYRth SR YRYRtRY htht 555555%@555%%%555&55&2 = | AUGUST 19, 1927. FIVE MEN CAUGHT INDOWNTOWN RAID Clever Chute Fails in Pinch. Black Book Seized at 14th Street House. isdiction is not open on the present record. “The case of Hall V. Thayer, 105 Mass, 219, and kindred cases which depend on’ statues expressly limiting the jurisdiction of the court are dis- tinguishable. It is not contended by the petitioners that the singla justice hused his powers or that his action was arbitrary and unjustifiable. The petition was’ rightly denied. Coram Nobis Writ Obsolete. “The third and last case is a peti tion filed August 16, 1927, addressed to the full court for a writ of error coram nobis. Prior to the enactment of the revised statutes our statutes referring to writ of error made no change in the mode of procedure at common law. But by the revised statutes, in So far as here material, it was provided that a writ of error in a capital case shall not issue un- less granted by a single justice of this court, and the provision has re- mained unchanged. A period of 91 vears has elapsed since the original statue was enacted in 1836, during which time it has been wuniformly followed. “We are of opinion that a writ of error coram nobis at common law has been obslete In view of the express purpose of the Legislature as mani- fested by the statute. We have con- sidered all questions presented by the defendants in o far as they are per- tinent and the result i and second cases, the ex overruled, while in the the petition is dismissed. Accompanied by Harry N. Dot fleld agent of the Citizens’ Servi sociation for Law and Order, George Little's flving squadron of liq- uor raiders today raided premises on the third floor of 826 Fourteenth street, secizing 712 quarts of alleged liquor and a little black hook. Five men who were in the premises at the time of the raid were taken to the first precinet for investigation. Each of them d i knowledge as to the operation of the premises and the proprietor was out at the time the raiders arrived The raiders came through a big re- inforced door in order to obtain entry ises, which were fitted up ial club, with chairs lining the walls. The raiders discovered a clever | chute encased in_a_wooden mantle- | ol Wido wof James W. Furtner Had| Lived Here 50 Years. Mrs, Virginia D. Furtner, 73 vears| old, widow of James Willlam Furtner, | and for more than 50 years a resident | of this city, died at her home, 22 Quincy street, yesterday. Death was ascribed to heart disease. Funeral services will be conducted | at the residence tomorrow afternoon | at 3 o'clock. Interment will be in| Glenwood Cemetery. | Mrs. Furtner is survived by two daughters, Mrs. Nena E. Marlow and Miss Natalie Furtner. The @ollier In COLUMBIA RD. a1 18 ST* Every Wednesday and Friday 5 until 7:30 Our Famous 4-Course 7 5c Sea Food Dinner w Grill Room— —also served in our N a third more sy Out of 2,000 working boys given ing—same_dinn ith tests in New York City only Baey , wero pronounced physically nor- | COLUMBIA 5042 mal. he EXCLUSIVE MASS. AVENUE PARK Located in the wooded section of this restricted residential suburb, we offer a stucco, 12-room and 3-bath residence of the center hall type. The original owner of this property is leaving the city and it affords a rare opportunity for a discriminating pur- chaser to secure a real bargain. Four bedrooms and an attractive den, with a screencd sleeping porch, make a very complete second floor. Third floor has three attractive bedrooms and one bath. A No-Kol Oil Burner and built-in refrigerator add much to the convenience of housckeeping. The property has a very unique location, situated on one of the highest points in the park. Large natural trees in the back vard, a beautiful wooded section in the front. The house has been built but a little over two years and is in perfect condition and with a 2-car built-in garage makes a very complete home in every detail. It will be to your advantage to inspect this home immediately. Call Mr. Whiteford at Main 4752, for an appoint- ment. McKEEVER AND GOSS, Inc. 1415 K Street Main 4752 YOUR HAPPINESS Is largely dependent upon the good health of the members of your family A SUMMER HOME A BAY RIDGE ON CHESAPEAKE BAY Where the family may spend the entire summer, play on the wide sandy beach, swim in the clean surf of the bay and in the home have all the conveniences to which you are accustomed will assure the health of all and bring you your greatest happiness. THE NEW DEFENSE HIGHWAY A perfect paved road has shortened the distance to only 31 miles, enabling one to drive down every evening. BAY RIDGE Offers the best in waterfront property. YOU SELECT YOUR LOT WE WILL BUILD YOUR HOME We have set aside 8 number of the choicest lots on Bay Ridge on which we will finance and build you a summer home, you making a small cash payment and payin balance “monthly. Lot COME TO BAY RIDGE SUNDAY Call at our office on the grounds and let us show you over this splendid property. Write or phone us for new illustrated folder. Bay Ridge Realty Corporation 1400 H St. N. W. Main 366 You’ll feel at home wherever you are spending your vacation —if you have The Star— Evening and Sunday—sent to you regularly while vou're away. You will find it a welcome visitor every day, bringing the news of what is going on here in Washington during your absence. The address changed as necessary. Rates by Mail—Postage Paid Payable in Advance Maryland and Virgi be as may often Evening and Sunday Evening Sunday 75¢ 50c 25¢ 25¢ 15¢ 10c One month. .. One week.... All other States— One month....................$1.00 75¢ 25¢ 35¢ 10c VANZETTI'S SISTER ARRIVES IN U. S. Met by Orderly Delegation at Pier Plans to Leave for Boston at Once. plece, designed by means of a false bottom to allow the contents to drop into a furnace three stories below. The liquor seized, according to Sergt Little, was found in the chute, but the police agent was said to have cov ered the men before it could be dis- | posed of. Mr. Douthitt modestly disclaimed re sponsibility for the raid upon being | questioned, stating that merely in the neighborhood when it | occurred and came into see the opera- | tion out of curiosity. A large crowd coilected in front the premises, while the raid was be conducted. | police agent had been “planted in the premises hefore the rvaid w made and he held the five men in t rooms at the zero hour in subjection t the point of a pistol while the raid ers came through the door. The black book that Sergt seized was filled with names numerals, apparently dates. Little refused to permit inspec the book. He said he would he case it was needed as evidence. He did admit, however, that large number of names, many of which were familiar to him, were ril’l!erml on the pages of the bhook. The raiders included Policemen | at recent Sacco-Vanzetti mass @edrae €. Devoe; Lo Miircays T: 0L meoting were tarcies by tibEn or Montgomery and Prohibition Agent | the delegation. The . R. . Corne I g By the Assacia NEW YORK ) sympathizers, urived today August 10.—Met by Miss Luigia Van- from Italy on ike a final plea of her brother o is sched 1 with Nicola Saceo at Charlestown prison, Mass. Little | 5 g Sergt. | that was said at the Aquitania’s pier Miss Vanzetti would be delayed hour before landing, owing to inspections and other for nzetti Id leave fc iately automobile rs of the sort in evidence One of Several New Bungalows Now Available SOUTHAVEN Here you will find several newly completed bungalows on the nearest body of salt water (South River). Just an easy hour's drive, so that the business man might run down any evening and enjoy the company of his family. Southaven is attractively laid out with broad 60-foot roadways and protected by sensible deed restrictions. Many wooded homesites, some gently sloping to the river, others considerably higher, with Broad Creek as a background. Southaven offers a wide selection of sites, from 15 acre up. To Get There— Take mew Defense Highiay (the new road to Annapolis) at Bladen:burg, follow Southaven signs to entrance road, just 22Y; miles from Memorial Cross at | Bladensburg. s ]i Hedg‘es &? Middleton. Inc. Realtors 1412 Eye St. N.W. Franklin 9503 i T REDUCTIONS The approach to the concluding days of our twice-yearly clearances finds prices reduced to the minimum and savings at the peak. An ex- cellent selection awaits you, but early choosing is advisable. i : F cature Items at $9.75 Men’s $16.50 and $15 Plain and Fancy Palm Beach Suits Men'’s $18 and $20 Mohair Suits Men'’s $15 and $18 Plain and Fancy Linen Suits Men's $35 Silk Poplin Suits $17.50 Men's $25 and $35 Mohair Suits Men's $25 & $3 » Men's $45 Silk Poplin Suits 5 2-Piece Tropical Suits Also Final Reductions on Men's Furnishings and Boys’ Clothing and Furnishings The Avenue at Ninth ‘fs' ~