Evening Star Newspaper, October 21, 1927, Page 1

W 1U. 87 Weather Bureau Forecast.) Fair tonight much change in Temperature—Highest, p.m. yesterday; lowest, 56, at 6 a.m. today. Full report on Late N. Y. Mfiem Pages 14 and 15 Entered as second class matte: ‘Washington, CARROLL OFF TO BRIGHT LIGHTS TO ERASE SHADOWS OF PRISON No. SENATE TESTIMONY OF SINCLAIRRAISES OIL TRIAL DISPUTE “Attorneys Debate Over Ad- mission of Statements in Present Case. 30,488, post office, SECRETARY IS ACCUSED OF ERROR IN LEASE Evidence Offered to Show He Discounted Expert’s Opinion on Drainage. The question of whether testimony given by a witness before a Senate committee can be used against that svitness in a subsequent criminal pro- veeding—one of the outstanding fea- tures'of the Fall-Doheny trial last wear, which was decided in favor of the Government—is being argued in 4he Fall-Sinclair conspiracy trial pro- weedings this afternoon in Criminal Division 2 of the District Supreme Court, as a result of an offer by the vernment to place in evidence «testimony given by Harry F. Sinclair before the Senate oil committee December 4, 1923. Owen J. Roberts, special Govern- ent oil prosecutor, made his offer of Snclair's testimony shortly before the luncheon recess, and, anticipating Jengthy argument as a result of vig- prous objection to its admission by the defense, Justice Frederick L. Siddons, presiding, excused the jury from fur- ther attendance until the next session of court on Monday morning. Drainage Question Raised. This issue was raised after the Gov- ernment had leveled an attack on the defense contention that the reserve Jand was leased to prevent oil drain- e. P The testimony of Sinclair which Rob- +rts is endeavoring to have the court peceept as an admission against that fiefendant concerns a statement to the gommittee that he went to Three Rivers, N. Mex., in the closing days of 3921 to discuss with the then Secretary of the Interior Albert B. Fall, his co- fiefendant, the leasing of Teapot Dome. The defense in its opening statement told the jury that Sinclair inquired §f a lease would be made and Fall re- plied he was having an investigation ©f the oil drainage matter being made #nd would not take any action until giter its completion. Objection Is Explained. Martin W. Littleton, who assumed the burden of the defense work today for both defendants, based his objec- %ion to Robert's offer on the ground fhat section 859 of the Revised Statutes it declares that any person becoming a wvitness before a committee of either house of Congress and gives testimony 3s immune from this testimony being: used against him in a subsequent -riminal prosecution. LnThe bugden of Robert's arguments §n reply was that unless the witness claimed immunity under the Consti- Tution before testifying, he automatic- elly waived it and it can be used later szainst him in a criminal proceeding. Both sides agreed, during the course of the argument, that the lestlmon?: of Sinclair's. was not “incriminating. Cases Not Parallel. Last year, the defense in the Fall- Jwoheny trial put up a vigorous bat- sle against admission as evidence in those criminal proceedings which re- gulted in acquittal, of a statement by Jidward L. Doheny before the Senate committee. Justice Adolph A. Hoelh- $ng, presiding over that case, sustain- ed Rebert’s argument in favor of ad- amitting the testimony and allowed it 1o be read to the jury. There is not @n exact parallel, however, between Sinclair’s testimony and Doheny’s, for $n the case of the latter, Doheny vol- untarily appeared and in effect said: «f want the whole world to know this or; o Roberts was reading a citation of puthority for his argument ‘when Justice Siddons interrupted him to re- ss court for luncheon. The court thought that as “this is an impor- ,1ant matter, we may be engaged some little while.’ Roberts explained he aould talk for another half hour and would want time for a short reply. end Littleton likewise promised the court many minutes of argument. Wrangle Over Testimony. Fvidence was produced by Govern- ynent coupsel today to shatter cons ientions of the defense that Teapot Tome was leased to Sinclair to pre- Jent the supposedly rich naval re- serve from being drained of its oil. Before the conclusion of the morn- 4ng period Mr. Roberts presented for 1he benefit of the jury by witnesses the copy of a report on an investi- gation ordered by Mr. Fall, the then Secretary of+the Interior, evidence tending to show there was no “im- minent danger” of drainag oil reserves before the lease was made. S y Dr. George Otis Smith, director of {he Geological Survey, the first wit- n testified that at ¥all's request Jie had sent to Teapot Dome a trained seologist, K. C. Heald, to check up on cviously made by Harold Aaggeman to the effect that drainage in the field was only slight. By the 1estimony of Heald the Government got into the record that Fall had been informed both orally and in a written statement that there was no danger from drainage. The Government contends in the in- | tment that Fall, regardless of the wf furnished in this second inves ation of drainage conditions, went jberately und leased the land | 3 | 1 for Sin-| the re- record, but In the | n George P. Hoover, coun: clair, sought in vain to b port stricken from the was overruled by the court. 21 wrangle that followed Justice yrederick L. Siddons, who is presid- ing over the trial in Criminal Divi- sion No. 2 of the District Supreme “ (ourt, ruled that the defense could | interrograte leald about what he| had told Fall in conference with the Interior Secretary. Littleton, chief counsel for sought to break down ihe testimony by a volley of ques- tions which threw the courtroom into . turmoil. e was overruled on a y iinzen different occasions by the court on objection from Roberts. | Letters Read to Jury. The session opened this morning hy harking 5 when it a letter from 1 1 te. Justice all to Sel ddons raised the point ~ sggRLAUd on Yewt b SOV A in the| iled to zet e | and tomorrow; not temperature, 64, at 3:15 page 9. { r S Released Prisoner, By the Associated Prese. ATLANTA, Ga., October 21.—Earl Carroll turned to the lights of Broad- way today to erase the shadows of a prison sentence. At liberty on parole from the Fed- eral Penitentiary after having served a third of his year-and- perjury, he goes back to New York to resume his work with the expressed in- tention of staging a comeback “if the world will meet me just half way."” With his wife, his brother James, his sister, Mrs. Alice Schneider, and T. V. Rooney, his casting director, the theatrical producer had reserved compartments on a Southern Railw train which arrives there shortly after noon tomorrow. | To a happy reunion with his wife |and friends, Carroll stepped gingerly, if ecagerly, across the threshold of freedom last night, suffering from what he described as a fear complex in having to meet people again. It remained, however, for the lights of rassing automobiles on his way from the penitentiary to a downtown hotel CAROL COUPTOWIN THRONE REPORTED Peasant Party Negotiates Return of ex-Prince, Says Paris Journal. By the Associated Pres PARIS, October 21.—L'Oeuvre, French radical newspaper, today says that delegates of the National Peasant party of Rumania have negotiated with former Crown Prince Carol for his return to Rumania and his as- sumption of the throne. L’Oeuvre, in an article signed by Henry Barbe, foreign editor of the paper, says that the Peasant party delegates laid down one condition— that Carol break with the titian-haired Magda Lupescu, with whom he eloped nearly two years ago, deserting his wife, Princess Helen. Carol accepted this condition, it is stated. . Returns Next Year. Birbe says that Carol will enter his kingdom at the beginning of next year, and that the congress of the National Peasant party to be held at Albaiulia, Rumania, October 27, will issue a promouncement in favor of Carol’s return. Barbe adds that Premier Bratiano and his brother, Vintila, are so alarmed at the prospect of Carol’s re- turn that they are doing all in their power to prevent the Congress from meeting. They off:ered the Peasant party power and participation in the government with the Liberal party, headed by the Bratianos. Lionel Brat- tiano agreed to take the portfolio of foreign affairs on two conditions: First, no more talk of Carol; second, no interference with the present laws and the national bank. This offer, Barbe says, was refused. Barbe also relates that Queen Marie wishes to come to Paris to see Carol, but JPremier Bratiano, fearing that she might betray him, exclaimed bluntly: “If you continue to pester me with your family business, I will proclaim a republic.” The possibility of Carol's return, however, is not regarded seriously in well informed quarters here, as the latest reliable advices from Bucharest say that by general consent, the Car- olist movement is non-existent in Ru- mania. The leaders of the Peasant party are said to frankly admit that'they are not working for the former Crown Prince’s return, as such activity is unnecessary, since what they term maladministration of Premier Brati- ano will eventually bring about Carol’s return. Therefore, the Peasant party lead- ers are quoted as declaring they are quite content to let things work them- selves out. Other rumors and surmises are con- tained in the papers of Paris. Couple Seen Parted. Le Journal says that Carol has broken with Mme. Lupescu. The rea- son given by that paper is that her memoirs now appearing in the Ameri- -ar. papers caused Carol intense an- noyance. Mme. Lupescu formally de- nied that she was the author of the memoirs, but Carol preferred to sepa- rate from her and did so last Tuesday, Le Journal says. On the other hand, the Paris edi- tion of the New York Herald says a prominent member of the Rumanian colony in Paris declared he saw the former Crown Prince and Mme. Lu- pescu together Wednesday. FORBES UNABLE TO PAY Former Veterans’ May Sign Pauper’s Oath After Parole. By the Associated Press. LEAVENWORTH, Kans, October 21.—Col. Charles R. Forbes, former director of the United States Vet- . serving two years in Federal Penitentiary here for conspiracy to defraud the Govern- ment, told Warden T. B. White he has 1o money to pay his $10,000 fine, upon which his release next Thurs- day is contingent, the warden said today. Forbes, whose sentence, minus 144 s for good behavior, ends next Thursday, has the alternative of pay- ing the fine assessed by Federal Judge George A. Carpenter of Chi- cago upon his conviction and obtain- ing immediate release or making a pauper's affidavit before a United States commissioner here and serving 30 days more. Warden White sald Forbes had not he would sign the | Falls 80 Feet, Takes Rest. PITTSFIELD, Mass., October 21 (). Hicks, a North | steeplefack, decided to take the rest of the day off after he had fa feet from the top of a chimney I Russell mill here today. Igs injurie bt spparontly weie sligbi @b WASHINGTON, Broadway Boun d. Planning “Comeback™—Mourns Loss of Self-Respect. to furnish his first reaction to liberty. | “They flashed in my face and startled me,” he 1. “It made me feel as Rip Van Winkle must have felt when he awok Carroll's feclings over his imprison- ment, which grew out of his celebrated “bathtub” party in New York vear, were expressed formally statement typewritten on prison st tionery that he handed newspaper men upon his release. He assured those who felt he should be punished by his “misguided ges- ture of chivalry” that he had suffered. “I have undergone an irreparable loss of self-respect,” his statement said, “a realization of unworthiness as each man feels when the - of a prison clangs behind him © constant companion has be t shadow of humiliation, a heavy @ of moral degr ation. “I never watched each setting sun through the s of my windows with- out seeing written there in those ii shadows the loss of gy most price heritage—my American citizenship. He was , however, with the even f ief_that_what_he ~(Continued on Page CECIL LAUNCHES ANTI-WAR DRIVE Viscount Deplores British Tax for Armament—Asks World Campaign. ast By the Associated Press. LONDON, October 21.—Viscount Cecil, who recently resigned from the Baldwin cabinet in disagreement with its disarmament policy, today launch- ed a personal speaking campaign in the cause of disarmment, making the first of a half dozen addresses which he will deliver before Christmas. Speaking at a special meeting of the British League of Nations Union at Caxton Hall, Viscount Cecil de- clared that the object of his resigna- tion from the cabinet, an act which to have greater freedom to press upon disarmament without which, he said, ing peace in Europe. every pound of taxation we pay, 14 shillings are due to past wars or “This is a terrible burden, far greater is bearing at present.” Viscount Cecil said that Great Brit - ain must reduce the cost of her fight- ing services, but added that she could not do so to any great extent unless other countries did the same. He as- serted that Britain, with the possible exception of Russia, where accurate information is not available, is the >nly European country whose expendi- ture for armaments is larger than before the war. CAR LINE MERGER PLAN WITHDRAWN Commission Dispute Cited as Street Railway Proposal Is Recalled. Harley P. Wilson, owner of the Washington Rapid Transit Co. and author of a plan designed to bring about a merger of the transportation agencies of the District, today with- drew a tentative copy of the docu- ment from the office of John W. Chil- dress, chairman of the Public Utilitles Commission. The tentative plan was submitted to Mr. Childress for his consideration last week, and it was withdrawn, Mr. Wilson announced, because he did not desiro to embarrass the Utility Com- mision chairman and his colleagues. Plan Merely Suggestion. In a letter to Chairman Childress asking that the document be returned Mr. Wilson said: “When I submitted to you tentative ly a few days ago an outline of the general principles of a plan for a merger of the street railway lines in ‘Washington, I did so merely for the information of vourself and your col- leagues and with the hope that formal presentation to the commission of a | $10,000 FINE, HE SAYS! Bureau Chief | definite plan for public hearings and discussion might be expedited. “Since there seems to be a disposi- tion in some quarters to regard the tentative plan as official, and there- fore a matter for publication, I feel that I ought not to embarrass you |und your colleagues by leaving the | unfinished plan with you, and I there- { fore beg to withdraw it. Dispute Ts Blamed. “I shall, as soon as possible, present officially a definite plan for your con- | sideration.” The merger plan has been guarded with utmost secrecy ever since its | presentation to Mr. Childress. The re- | uest for its return, it is understood, followed refusal by Engineer Com- | missioner William" ue, a member {of the commission, to read the docu- ment until it was presented formally and _officially to the commission. Chairman Childress and Col. Harrison Brand, jr., have both read the docu- ment, it was said. FIVE YEARS FOR JOYRIDING ! Two Men Sentenced by Justice Mec- H Coy in D. C. Court. { Announcing his intention to break | up joyriding in the District of Colum { bia, Chjef Justice Walter I. McCoy of Adams | the District Supreme Court today im- sed the maximum penalty of five ars each on two colored men who d pleaded guilty to that offense, The two men sentenced were George Palmsr angd W G v ¢ #p there could be no hope of an endur-|into the engineroom. preparation for future wars,” he said. [came alongside, WITH SUNDAY MORNING EDITION D. C, FRIDAY, CHINESEPRATES BRTIH SUBHARNE Undersea Craft Crew of Captive Ship While Buccaneers Gamble. SHELL KILLS OUTLAW ABOUT TO SLAY OFFICER English Naval Vessel Takes Pas- sengers Off, Then Attacks Bias Bay, Near Hongkong. has been carried into the p ronghold at Bias Bay by a Br submarine. After rescuing the crew of the steamer Trene, captured by the pirates, the submarine turned its attack on their shore rendezvous. Today flames swept the notorious pirate lair, 40 miles north of here, according to the Chinese Merchants' Steam Navigation Co., owners of the seized steamer. The company said the submarine had attacked Bias Bdy, setting it afire. Thrilling scenes were enacted dur- ing the rescue of the crew of the Irene by the submarine L. Stewart Shot in Chest. On Wednesday the Irene, en route ghai to Amoy, was attacked by the pirates. Capt. Jahnsen, his sec- ond officer and the engineer were at breakfast when the pirates appeared. he pirates shot the steward in the chest and overpowered the officers. The passengers were robbed. - After ordering the vessel to slow down, the pirates spent their time in gambling and eating. The Irene ‘hed Bias Bay that evening. he submarine L-4, which was an- chored near the shore, observed that the vessel was without lights, and flashed a signal to it to halt. This was disregarded. The submarine then fired several shots across the Irene's bows. Engineer’s Life Saved. The captain was on the bridge un- shook the British political world, was | der guard. He rang for the engines to stop, but the pirates in the engine- his fellow countrymen the urgency of | room forced the engine to continue. The submarine then dropped a shell The engine was disabled. A pirate who was about to “Do not let us forget that out of |shoot the engineer was killed. The crew of the Irene started to jump overboard and the submarine The crew.and nlmu;n Wor® vos. than any other country in the world |cued with great difficulty because of the heavy seas.at the time. WAR DECLARED ON TANG. Nanking Attacks General Controlling Hankow Area. Star « Br Cable o a e cSyriahy, 1055, SHANGHAL, October 21.—The Nan- king government this morning for- mally declared war against Gen. Tang Zeng-Chi, militarist, who has been dominating the Hankow area since the departure from China of Michael Borodin, Eugene Chen, Mme. Sun Yat-Sen and other radicals. Nanking forces bombarded Wu-Hu, a Yangtze River port and captured the city after several hours of fight- ing. Tang’s alleged generals retreated toward Anking, where they are pre- paring for further resistance. AMERICAN GUILTY OF FRAUD. cazo Daily Californian Accused of Getting $73,000 in Ammunition “Sale.” SHANGHAI, China, October 21 (#). —Knight M. Crawley of Piedmont, Calif.,, was convicted in the United States Court here today of defrauding Chinese representatives of Gen. Yang Sen, military chieftain of Szechuan province of $73,000 (Mexican) by agree- ing to supply Yang Sen with 2,000,000 rounds of rifle ammunition to be ship- ped up the Yangtze River aboard the United States gunboat Monocacy. The court withheld sentencing Craw- ley, defense counsel announcing_that an appeal to the United States Court of Appeals at San Francisco would be made. Crawley was held in jail pend- ing his raising a bond of $20,000 gold which was set by the court. Immediately after the court’s de- cision the Swiss authorities here ar- rested a Swiss subject, &lly Widler, who was charged with conducting the alleged fraudulent negotiations jointly with Crawley. Widler was held with- out bail by the Swiss court. BRISTOL INSPECTS YANGTZE. Admiral Finds Conditions Improving After 11-Day Trip. SHANGHAI, China, October 21 (). —Rear Admiral Mark L. Bristol, com- mander of the American naval forces in China, who left Shanghai on Octo- ber 10 on a trip of inspection up the Yangtze River, returned hare today. Although the admiral made no state- ment, it is understood that he feels conditions on the river are improv- ing. idmiral Bristol went as far as Han- kow, held a formal conference with Tang Seng-Chi, visited numerous ports along the river, and held a con- ference with Dr. C. Wu, Nation- alist foreign minister at Nanking. e CHANNEL DEFEATS GIRL. Miss Gleitz Gives Up Attempt to Vindicate First Swim. TONDON, October 21 (#).—Mer- cedes _Gleitz, London typist who started on a channel swim from Cape Gris-Nez, France, early this morning to vindicate the honor of her pre- vious swim, gave up her attempt eight miles from Dover, says a dis- patch to the Evening News this after. noon. HEINKEL HOP HALTED. Flyer With U. 8. as Destination Has 0il Tank Trouble. LISBON, Portugal, October 21 (#).— The Heinkel hydro-airplane D-1220, which took off for the Azores this morning, returned here with a leak in its oil tank. The plane, which is gone but a short _dlftugc’ wl;sn torlced 4 OCTOBER LAIR IS BURNED BY Rescues | a1, 1927—-FIFTY-SIX PAGES. ening Sfar. * service. The only evening paper in Washington with the Associated Press news Yesterday’s Circulation, 100,678 (#) Means Associated Press. on shipping along the Chinese coast | TWO CENTS. 1D NOT CHaoge To RUN FoR PRES: 15 1DENT |y 1929 | [ i | | | | | | | U. 5. WILL LAUNGH BUILDING PROGRAM Bids Asked for Excavations on Two Buildings by November 3. Ground will be broken early next month in the Pennsylvania avenue tri- angle for the first two structures in the Government's mammoth building program for the National Capital. This was assured today when the Treasury Department advertised for bids on rough excavations of parts of the sites for the Department of Com- merce and the Bureau of Internal Revenue buildings. Bids will be opened November 3 and award of contracts will follow a tew days later, allowing ground to be broken probably before the middle of the month. Streets will be cut across in both sites, 3 To Dig Out Portion. Not all of the site for the two bulldings is now available for excava- tion, .but the Treasury has proceeded with plans for digging out part and will follow later with additional bids and contracts to complete the jobs. The steam shovels will dig out an “L".shaped piece of ground on the Department of Commerce site, cutting the “L” around the House of Deten- tion, which is to remain standing for a time, until the District can settle the problem of what to do for new quarters, The excavation for Commerce will start immediately north of the frame structure known as Treasury Annex No. 2, located north of B street between Fourteenth and Fifteenth streets. The excavation will obliterate Ohilo avenue between Fourteenth and Fifteenth streets, and will push on northward alongside the House of Detention and cut across D street into the area between D and E, where wreckers now are tearing down build- ings to make way for the new Depart- ment of Commerce. Market Is Problem. Excavation for the Internal Revenue building, will take place for the most part on the block already razed of its buildings, directly south of the Post Office Department, between Littl: B and C streets, and Eleventh and Twelfth streets. The steam shovels will push southward, however, be- yond the limits of this block into Little B street, leaving oniy sufficient part of Little B for operations of the vehicles at the Farmers' market sheds. About 20 feet of Little B street will be excavated. Meantime, the problem of what to do with the Farmers' market is se- cupying the District Commissioners, who have gathered a great mass of svidence and argument concerning the several new sites proposed. It now appears likely that some program for disposition of the market will be de- veloped for submission to Congress Another part of the Internal Rev- enue site, known as Square 350, hounded by Tenth and Eleventh, Little B and C streets, has been con demned by the Government, and, ac- cording to indications today, it is probable that actual title will be ac- quired about December 1. This will make way for razing buildings on this site and later excavation, Fits in With Plan. One interesting detail of the exca-| vation for the Revenue Bureau Build- ing points the way definitely toward the great plan of unified architectural composition of the Pennsylvania avenue triangle. This is the north- west corner of the excavation, which is not a corner but an arc. This curve is to be followed out in the foundation and in the building, so that the structure will be part of the great circle which is to be a dominant note in the architectural landscaping and dignity of the triangle development. CUBA ADOPTS TARIFF SCALE; RATES SECRET By the Associated Press. Considerable interest has been stirred in American official and business circles by the Cuban cabinet action in adopting a new customs tariff with- out making public the rates. A cable to the Commerce Depart- ment today from its agents in Havana declared that no official information was yet available on the tariff changes involved, but that the Cuban govern- ment expected to make the new rates effective five days after publication. Publication was to be made in the near future, they said. In the meantime rumors have been set afloat in trade quarters to the effect that the tariff will carry alarge number of upward revisions over present schedules. American agents on the ground have been instructed to follow the situation closely and to soon as the OIS e i e Bandits Snatching Satchel Get Brick Instead of $14,000 v the Associated Press. NEWARK, N. J,, October 21.— An automobile load of bandits waylaid pay roll messengers of the ex Foundry Co., near the plant, Murray street, today and made with a dummy satchel in- stead of the bag containing the pay roll of $14,000. Three of the company’s employes were driving through Avenue D when a big car crashed into their smaller automobile in which the pay roll and the dummy were carried. Two shofs were fired in the air to intimidate the messengers. Then five bandits jumped upon them, snatched the bag containing a brick instead of the $14,000 and ARMOUR LEAT N GOLF TOURNEY Open Champion Turns in a ‘72, One Over Par, to Top Field of 60. B; Tommy Armour, holder of the United States ‘and Canadian open championships, led a fleld of 60 golfers_from the Eastern section of the codntry in the first round of the Middle Atlantic open golf champion- ship at the Indian Spring Golf Club today. £ Armour shot a 72, for the course. John C. Shorey, Bannockburn ama- teur, went into second place, one shot behind Armour, when he turned in a 73, two over par. George J. Voigt, Bannockburn ama- teur; Robert T. Barnett, Chevy Chase Club professional; James Thomp- son, professional at the Hermitage Club of Richmond, Va. and Fred MecLeod, professional at the Columbia Country Club, had T4 each. Leo Diegel of Fenimore, N. Y., the defending champion, took a 79. The first round of the championship was played in a high wind over a course made soft and soggy by recent heavy rains. Other_scorers over the first round follow: R. Cliff McKinnie, unattached, 75; Joe Turnesa, Elmford, N. Y., 76; Eddie Towns, Indian Spring, 77; John Edmonston, Philadelphia, Mel Shorey, East Potomac Park, 77; Sam Rice, Indian Spring amateur, 78; Craig Wood, Baitusrol, New Jersey, 78; Carroll McMaster, Rolling Road, Baltimore, 78' Dave Thomson, Wash ington Golf and Cowntry Club, 79; S. M. Newton, Burning Tree, 79; Alex Armour, Congressional, 79; Wilfred Thompson, Richmond, 80; Charles P. Betschler, Maryland, Country Club, Baltimore, 80; A: B. Thorn, Town and Country, 83; Page Hufty, Congres- sional amateur, §3; A. L. Houghton, Manor, amateur, 83; Leo McMerhany, Rock Creek Park, 83; Walter Cunning- ham, Burning Tree, §3; Kenneth Al len, Baltimore, 84; Al Treder, Manor, 88, one over par 7 MEXICAN TROOPS KILL SIX RAILROAD BANDITS By the Associated Press. MEXICO CITY, October 21.—Fed- eral troops have meted out swift pun- ishment to the bandits who Tuesday morning attacked the Laredo-Mexico City passenger train south of San Luis Potosi. The federal forces pursued the bandits into the mountains. Two bandits were killed in the battle which followed. Four others were captured and executed on the spot. The government stated that the federal forces were still pursuing. the remaining members of the band, which originally totaled 60. FESSREPRIMAND ROCKS POLITICIANS | Many Hold Incident Proves President Is Definitely Out in 1928. The reprimand which Senator Fess | of Ohio so unexpectedly received at the hands of President Coolidge yes- terday, because of his persistent put- ting forward of the idea of drafting the Presdent for another term, w: the principal topic of discussion among callers at the White House to- day, as well as in political circles here. Judging from the interest mani- fested in this episode, nothing since the President’s announcement in the Black Hills that he did not choose to | | be a candidate has so awakened politi- cal thought. Although the President’s action regarding his close friend and Sel champion is being interpreted ¥ ways, the consensus among that the incident should ve ivince those who have any" doubtg about the President’s inten- tions that there is not the faintest hope for his changing his mind or of his accepting his party’s nomina- tion, even though it came to him un- soli¢ited and by acclamation. Discourages Callers. | It is the opinion of some that the | President’s action will serve to dis- courage future callers from discussing the 1928 nomination as it may affect | him while in his presence. This was borne out today during a call_of former Senator James W. Wadsworth, jr., of New York, one of the Republican’ leaders of that State, who when asked as he was leaving the President’s office if he and the President had discussed politics, quick- ly replied that the subject was not mentioned and that following Senator Fess’ experience he would be afraid to bring it up with the Executive. Some of the speculation today is that President Coolidge, by his repri- manding_Senator Fess, has made it more definite that it is his honest in- tention to retire and that it is dis- tasteful to him to have his name men- | “(Continued on Page 4, Column 5.) BIRGER GANGSTER HANGS FOR SLAYING Millich Protests Innocence to End. Killed Fellow Gunmar Last Year. By the Assnclated Press. MARION, IIL, October 21.—Rado Millich, a Montenegrin, and former | member of a band of southern llinois | gangsters, headed by the notorious Charles Birger, paid with his life on the gallows here today for the murder of Ward “Casey” Jones, a fellow gang- ster at “Shady Rest,” Birger's cabin, near here, October 26, 1926, Millich, who was the first member of the Birger gang to pay the supreme penalty for a series of murders and other crimes laid to Birger's door in the last two years, went to his death | stoutly maintaining that he killed Jones in self-defense, and that he was “framed” by other Birger gangsters. | He was executed at 10:05 a.m. AVIATOR IS ACQUITTED. Flyer Whose Plane Killed Cavalry- man Freed of Manslaughter. SAN ANTONIO, Tex., October 21 (P).—Elmer P. Rose, Army reserve aviator, was acquitted by a court- martial here today on a charge of in- voluntary manslaughter in connection with the killing of a cavalryman who was struck by Rose's plane. i Chicago Plans 31-Mile Boulevard Through Unbroken By the Associated Press. CHICAGO, October 21.—Plans for|it wi the construction of one, possibly two, 100-foot drives, extending from, 8 miles north of Chicago's loop 23 miles south to the Indiana State line, through an unbroken chain of parks along the shore of Lake Michigan, have been an- nounced by the South Park commis- sioners Parks of ‘the boulevard are under construction, and the acquisition of pr:arty rights along the rest of the rot will be started within 30 days, en route to the United States, had|inform the Commerce Department as|FEdward J. Kelly, president of the exact figures are ob-|South Park Board, id. To prodest Wil gosk $10,000.000 or Chain of Lake Parks more, and in places along the shore ill be necessary to make a 600- foot “fill” in the lake to permit con- struction of the road bed. The route will take it from Devon avenue, on the North Side, through the Lincoln Park system, linking the present outer drive through the loop. Fhe loop drive carries it past Grant Park, a proposed central airport, the Field Museum and Soldier Field. On the South Side it will run through a series of parks through and past Jack- son Park, South Shore Country Club NEW PROGRESSIVE GROUP HITS SNAG ON FARM SUBSIDY Norris Opposes Proposal to Ditch Equalization Fee for Direct-Aid Plan. NYE WANTS SUBSTITUTE BEFORE BACKING BILL Leaders, Seeking to Find Middle Ground, Postpone Confer- ence to Monday. BY G. GOULD LINCOLN. crnment bers of the sive group, today struck a sn Senator orris 2 hoice of the grou ential nomination, said that he was by no means ready to abandon the equalization fee. He added that if some other plan for work out the farm problem calculated to achieve the same result could be devised, it might be acceptable to him, but that <0 far none had been devised that he knew of. He said that the farmers were not asking for a direct subsidy from the Government and that he himself was opposed to one. Nye is Disturbed. Senator Nye of North Dakota, s other member of the group, w turbed by reports that the equaliza tion was to be abandoned. He too said that unless some substitute was found which would accomplish the same results as the Me: ugen h, he would stand for that bill. “Take the equalization fee out of the bill,” said Senator d it would be like t out of a man and sending him on his way.” Senator Brokhart of Towa, on the other hand, is not so insistent on the equalization fee, but is willing to pro- vide direct Government aid to the farmers, Senator Borah of Idaho, anothe member of the group, is strongly op- posed to the equalization fee on con- stitutional grounds. He voted against McNary-Haugen bill during the t session of Congress. The Progressive group is seeking to find_some middle ground upon which all its members could stand. A con- ference was set for 11 o'clock this morning to discuss the matter and | formulate a statement for the group the agricultural question. ~ This meeting was postponed, however, un- til Monday, because Senators Frazier of North Dakota, and McMaster of South Dakota could not be present today. - Might Have Wide Effect. Should the Progressive group finally decide that the equalization fee was not an absolute necessity in any farm legislation, its attitude might have a far-reaching effect both in the matter of legislation in the coming session and in the field of politics. If a farm bill can be passed at the coming ses sicn of Congress which can regeive the approval of the President, a leng step will have been taken to remove the farm question from the next'cam paign. Incidentally it would cut the ground from under the candidacy of former Gov. Frank O. Lowden of Illinois for the Republican nomination for Presi dent, and in some measure would also tend to eliminate Vice President Dawes from consideration for the presiden tial nomination. THREE ARE CONVICTED IN ELECTIONS CASE Two Men and Woman Accused of Making False Returns and Destroying Ballots. By the Associated Press. PITTSBURGH, October 21.—Two men and a woman were convicted by a Criminal Court jury today of vari- ous ballot irregularities in the Spring primary of 1926. Commonwealth wit- among other thi testified the ballots i ct were thrown into a sewer to prevent a possible recount. Charles Golden, a Pittsburgh fire captain and Republican chairman of the ward involved, nd J. W. M. Bolster, a member of the election board, were found guilty of con acy, making a false count and_false return and failure to deliver ballot boxes and other election records. Mrs. Anna Conklin, a clerk of the election hoard, was convicted of making a false return, but was recommended to the mercy of the court. The prosecution followed an inves- gation of a State legislative contest. The case also fizured in testimony taken v the special Senate commit tee during its inquiry into the Vare Wilson senatorial contest. GAINS SCORED BY LABOR IN NORWAY ELECTION Final Returns Give Party 59 Seats in Parliament, Increase of 27. Conservatives Lose 22. By the Associated Press. OSLO, Norway, October 21.—Com- plete results of the recent parliament- ary election show large gains for the Labor party with a severe loss for the Conservatives and Liberals. Final returns gave Labor 59 seats in Parliament, representing a gain of 27 seats; the Conservatives and Liberals obtained 32 seats, suffering a loss of 22; the Agragrians obtained 26 seats, representing a gain of 4 seats: the Radicals obtained 29 seats, for « loss of 5; the Labor-Democrats ol tained 1 seat and lost 1, while the Communists obtained 3 seats, with loss of 3. o Fire Sweeps Heart of Town. SPRINGFIELD, Mo., October (®)—Fanned by a stiff breeze, fire of undetermined origin swept the entire business district of Exeter, a small and Calumet Park. . Radio Program—Page 38 town 75 miles southwest of here, early today, destroying nine two-story brick buildings and causing loss estimated n* $150,000, s *