Evening Star Newspaper, November 4, 1927, Page 1

WEATHER. (U 8. Weather Bureau Forecast.) Fair. with lowest temperature about 40 degrees, tonight; tomorrow mostly cloudy: not much change in tempera- ture. Temperature—Highest, 64, at noon yesterday; lowest, 40, at 10 p.m. vesterday. Full report on page 9. i Closing N. Y. Markets, Pages 14 and 15 No. 30,502. post office, Entered as second class ma Washington, tter D. C. FLOOD SPREADING INNEW ENGLAND; [TREPORTED DEAD Center of Town Swept Away as Residents Flee—Dams Dynamited. MONTPELIER WITHOUT BOATS AS TRAINS STOP Property Damage Amounts to Iillions—Industries and Com- munications Paralyzed. Bs the Associated Pro Rivers, swollen by storm of un- usual fu: burst their banks in northern and western New Englanl today, taki a toll of at least 17 lives and causing property damage which will run into millions of dollars. Hundreds of people were forced to flee to high ground from the courses | of turbulent rivers. Power plants were crippled and industry was at a virtual standstill with factories flooded and employes fleeing from high water. El'he center of the village of Becket, Mass,, was washed away when a dam broke above. Only one person was drowned, the villagers having been warned of the impending danger by the owner of the reservoir. Rail Service Stops. Rallroad schedules were demoral- fzed Train connections with New York and with Canada, were entirely cut and terse statements from rail officials said it would be at least 3§ hours before they would be restored. Many bridges have been washed away and long sections of track inundated Valley sections of eastern New York were threatened. At Albany the Hud: mon was 10 feet ubove normal and streets along the river front were under water. The Connecticut River in many places was over its banks. At White River Junction, Vt., the railway yards were under water and officlals said the damage would run into thousands of dollars. The flood waters, augmented by bursting dams in the northern and western portions of New England, were slowly working their way to the coast, hourly widening the area so disastrously affected The widespread suffering may be increased tonight by snow. the weather bureau at Boston said. VERMONT HIT HARDEST. Reservoir Owner Saves. Many. Wheo He Calls Out Warning. BOSTON, November 4 (#).—Floods of unprecedented volume gripped three New England Siates today. Vermont was hit hardest, but west- ern Massachusetts was a close second, while Connecticut reported substantial inundations. The fury that 18 hours of torrential rain let loose was unabated today. The Chittendon dam, six miles above the City of Rutland. Vt.. was in dan- ger of collapse. Town Swept Away. Mrs. Gustine Carroll, 60, is believed to have been drowned when the Ly- man Reservoir broke away and wiped out the center of the town of Becket, Mass., today. Twenty-five buildings. including all of the industries, the post office and eight homes, were de- stroyed. William Ballou, owner of the reservoir, saved many lives by hurrying to the center of the town to warn the residents after he had seen the reservoir on a hillside breaking away from its confines. Two miles of the Boston & Albany main track was washed away. Two highway bridges were carried off The townspeople fled to the moun tainside. Mrs. Carroll was in a store and was warned about the approach- ing torrent, but refused to leave ti building, not realizing the seriousness of the situation g Ballou throughout the night had been watching the reservoir, which was on a high hill a mile outside the village. With the first sign of a break he drove his car down to the village. | shouting: “Run for your lives." The Red Cross hurried relief to the town from Pittsfield and other Berk- shire County towns. ‘Felephone com- munication was cut off Trapped in Sedan. Swollen streams were bursting their banks and new bridge perils loomed hourly. The dead included two and possibly three persons believed to have drowned in a submerged sedan in a Westfield, Mass, streel; two caught in a collapsing building at Barre, Vi, and one man in Pitts field, Vt. The storm seemed to have centered its fury at Rutiand, Vt. All railroad connection with the outside world was cut off. Torrents coursed over high- ways, hundreds of householders took 10 boats and rafts, was virtually non-existent and the city was without light or power. A com- y of National Guardsmen was called out. Conditions at Ludlow, Newport, Rennington, Springfield ‘and Barre better. Of the larger Mlaces in Vermont. Burlingion alone xeemed destined to escape serious damage, because of its high loca- tion., Train Is Marvoned, A Canadian Pacliic wrecking train dispatched to repair a washout near Orleans was marooned by rising wa- ers. which had already forced aban- donment of numbers of automobiles on highways. From Bethel, Vt. came word that 10 bridges had been destroyed T jarge power dams at llortonia were in danger. In western Massachusettes North Adams, Adams, Piltsfield and West- field, with a number of smaller places, were victims of turbulent streams and unabating rain. A score of houses were swept away 21 North Adams when the north and south branches of the Hoosac River ran riot. National Guardsmen assist- 4 police and firemen in relief work “The Beaver Dam was dynamited to sive other structures At Adams the Berkshire Paper s dam was dynamiled to save the B pour Mills Closed. At Lee. Mass, another dam was blown up while at Dalton four mills, includipg the Government paper ~(Continued on Page 2, Column 6) he | telephone service | European Waiters ! Approve Probe of 1 | Rules on Tipping ! | By Cable Star and Chir Copyright. 1927 PARIS. November 4.—The Inter- | | to The cazo Daclv | News : national Labor Bureau, connected with the League of Nations. has begun a study of legislation adopted in different countries concerning tipping. The International Hotel Employes ociation favors this investigation, which is being made at the request of one European government. After the World War, a move- ment spread on the continent in favor of abolishing tipping In ho- tels and restaurants, and substitut- ing a charge of 10 or 15 per cent on bills. Waiters and hotel employes now protest that they have mo way of ascertaining whether they are re- ceiving the sums due them from the management. Many employes seem to expect tips in addition to the service charge. There is a tendency to return to the old tip- ping system. SMALL BAND DEFIES CHANG'S BIG ARMY Holds City After Siege De- spite Bombardment Which Wrecks Ancient Pagodas. BY JAMES L. BUTTS. Chic il Br Cable, to The S At AT PEKING, November 4.—The Shansi forces have evacuated Tatungfu in northern Shansi Province, it was con firmed today, and are withdrawing southward intending to defend the dif- ficult mountain passes. The campaign against the Shansi forces along the Shihchiachuang and Taiyuanfu railway is slow, owing to the mountainous terrain. A small isolated Shansi force, esti mated at three thousand. still mys- teriously kolds Chochow, a walled city 35 miles southwest of Peking, although besieged for three weeks by a vastly superior Fengtien force using heavy artillery. Failure to suppress the defenders has greatly incensed Gen. Chang Tso- Lin. who has ordered the capture of the city within three days. The bom- bardment Is believed to have destroyed ancient pagodas and other relics dating from the Yuan dynasty. The campaign in Honan Province is severe, with fighting reported along the Lunghal railway. The Shantung troops are slowly pressing westward 1gainst Gen. Feng Yu-Hsiang and east- ward against Chengchow, where Feng is preparing to make a counter Peking is watching with” Intérest the complicated situation in-the mid- Yangtze Valley, where Gen. Tang Shen.Chib evidently is preparing to abandon the Hankow area and with- draw toward Hunan before the Nan- king armies. Meanwhile, the Sze- chuen forces under Gen. Wu Pei Fu's lieutenants also are moving toward | Hankow from up-river. | PIRATES FIRE ON SHIP. Anti-British Boycott in Canton Brings Selzure of English Goods. HONGKONG, November 4 (A).— One member of the crew of the Chi nese steamer Shingon was killed and two wounded when pirates fired on the ship in the Sailam Channel today. An_anti-British boycott has been functloning in Canton since yesterday. Many uniformed pickets at the cus- toms house and wharves seized British goods and searched the Chinese passengers. INSANITY HEARING WAIVED BY REMUS| | | | Decision Reached to Have Him! Face First-Degree Murder Charge on November 14. | By the Amociated Press. CINCINNATI, November 4. —The in- |sanity hearing for George Remus, | charged with killing his wife, Mrs | Imogene Holmes Remus, was waived | by defense and State attorneys today |ana an agreement was reached that | Remus will go to trial November 14 {on the charge of first degree murder The agreement to dispense with the | |insanity hearing was made at a con- | ference between Remus, his co-coun- | <el, Charles Elston: Prosecuting At- | torney Charles P. Taft and his as. sistants, Carl Basler and Walter Sib- bald Remus’ insanity hearing was have opened November 7. —_— MYSTERIOUS DERELICT DRIFTS IN FROM PACIFIC | Hull of 200-Foot Vessel Found Off | Coast of British Columbia. By the Associated Press VICTORIA, British Columbia, No- vember 4.—The hull of a 200-foot ves- sel, bearing the name of Reveil or Re- veille, has drifted into the Strait of n de KFuca from the Pacific, and been taken in tow and tied up at ooke Harbor, near here Mariners are puzzled as to the his- tory of the derelict. which seems to have been a fine vessel of some 300 tons. Some 10 or 12 years ago, they recall, a ship with a similar name was | reported to have burnec. at sea in Pa- cific Coast waters while on a voyage out of New York, but whether the hulk tied up at Sooke is of the same vessel has not been ascertained. Lloyd's register for 1902-3 lists a vessel under the name of Revell, whose specifications correspond rough- ly with the ship which drifted into the strajt here. The hull has been taken in charge by the Dominfon department of marine and fisheries. to | Germany Reclaims War Ace’s Body BERLIN, November 4 (#).—The | body of Prince Friedrich Karl of Prus- %ia, cousin of the former German e peror and German war ace, who wa killed near Rouen, France, In 1917, will be brought from France for rein- terment at Potsdam, November 7. The | State industrial Commission. | Boulder County, with a committee of ¢ Toening Star. WASHINGTON, STREET CAR HEAD URGES GONFERENGE ON MERGER PLAN Hanna Sends Complaint to Commission When Proposal Is Not Submitted. OUTLINE’S COMPLETION EXPECTED IN 10 DAYS Modifications Seen Before It Is Submitted at Public Hearing in Near Future. The failure of Harley . Wilson to submit his plan for consolidating the transportation systems of the District | either to the board of directors or the stockholders of the Capital Traction Co. today drew a mild but significant complaint from John H. Hanna, presi- dent of the company. | Mr. Hanna made known the feeling | of his company in a letter which he personally submitted to the Public Utilities Commission at a conference in the office of John W. Childre: chairman. The communication was prepared at the instance of the board of directors, and it came as the firet public reaction of the company since publication of the merger plan. Plan Not Submitted. The general outline of Mr. Wilson's plan has now been before the commis- sion officially for five days, but as was pointed out in The Star yesterday, it has not been presented to the bqard of directora of either of the traction ~ompanies are so vitally af- fected. Thi pression which has been created that the plan had been submitted to and approved by the street car companies provoked Mr. Hannan's communica- tions. The company, on the other hand, in- dicated in its letter that while it in- dorsed some of the provisions and de- tails of Mr. Wilson's plan it thought the best way to bring about a con- solidation of the companies would be conferences between the officials of the companies with the assistance of the Utilities Commission as representative of the citizens. Mr. Hanna's letter follows: “Since the publication on October 31 of a pro- posed plan of merger of the street railway systems of Washington pre- sented to you by. Mr. Harley P. Wil son, the impression has been created tnat this plan had been submitted to and approved by the Capital Traction Co. In view of this public belief it seems desirable to acquaint you with the actual position of the Capital Trac- tion Co. respecting this matter. Mutter Was Discussed. ~ “Neither the merger plan as pre- sented nor any other has, during the past year. been submitted to the direc. tors or to the stockholders at large of the Capital Traction Co. for their COLORADO MINERS ONPEACENOVE ing in Plan to Get Demands Before State Board. By the Associated Press DENVER, Colo., November 4.—A concerted move to end the Colorado coal strike was under way today in three of the strike areas with the circulation of petitions designed to bring the miners’ demands before the Gév. W. H. Adams announced that the petitions were being circulated in Hukrfano. Boulder and Routt Counties and that miners not affiliated with the 1. W. W., which called the strike. were co-operating in the movement. George M. Taylor of the industrial commission declared he was hopeful the petitions would be widely signed 4nd that in two weeks, at the most, the mines would be operating with 90 per cent of the normal crews. Taylor urged thit the strikers re- turn to work pending consideration of their demans by the commission, which makes awards in industrial dis- putes after hearing the cases of the employes and the employer. Assurance that the miners of Routt County are anxious to follow this method of procedure has been given by W. B. Spratlin, one of the strike leaders, who emphasized that he had no connection with the L W. W, Gov. Adams said. Karl Clemmons, been classed as an I. W who has hitherto W. leader in five met with the governor and said that he would oppose picketing. agree. ing to join in the plan for circula- tlon of petitions. At Walsenburg, in Huerfano County, petitions have been in circulation for . . leaders were charged with intimidation as the result of a strikers’ mass meeting held yester- day at a mine of the Alamo Fuel Co., in Huerfano County. The informations were filed by Ralph H. Hunter, deputy district attorney. Those participating in the meeting broke through a gate to enter the company’s property. it was charged 1 W. W. leaders have contended the strikers have the right to hold mass meetings, and that such demon strations do not constitute picketing which Is a violation of the State law. The mine operators assert that the mass meetings, which the 1. W, W, started yesterday, are designed to in. timidate men who desire to work and are a form of picketing. SNOW IN PENNSYLVANIA. HAZLETON, Pa., November 4 (#).— Two inches of snow covered the ground through this part of the State early today and the temperature went down to 30, a drop of 19 degrees. A slight gale accompanied the snow. The Winter weather was welcomed hy the anthracite coal operators, who reburial will take place In the pres ence of German war veierans, 1 i look for hetter market conditions as a reswls of the chang WITH SUNDAY MORNING EDITION D. C. FRIDAY, BURGLAR SHOOTS NAVAL DOCTOR | e ————— L NOVEMBER 4, 1927 —FIFTY-FOUR PAGES. * AWAKENED BY LIGHT AT 3 AM. Intruder Fires Through Door When Commander Leaps at Him. Police Chasing “Bandit Car” Find Stork Beats Them to Hospital. Firing at close range through a bedroom door early this morning a burglar slightly wounded Comdr. Lucius Johnson, Medical Corps, U. 8. N., 3308 Thirty-fifth street, in charge of surgery at Naval Hospital. ard put a bullet hole through three pairs of trousers hanging in a closet in the rear of the room. Comdr. Johnson was awakened by a flashlight shining in bis face. As he rose to a sitting position the holder of the - light, standing In the doorway, called: *“Lie down and keep stili, or I"it shoot you."” Instead of obeying. Comdr. Johnscn sprang for the door, reaching it just as 1t banged shut. As the door closed the hurglar fired. the report of the revolver awakening Mrs. Johnson, who had slept through the previous 0.C. FUND CONTROL APPROVED BY LORD Federal Supervision of City Finances Needed, Says Budget Chief. The Federal Government is not will- ing to relinquish its control over the finances of the District and permit ex- penditure of money without super- vision, Brig. Gen. Herbert M. Lord. director of the budget, declared today at the White House in response to queries as to the Government's at- titude toward recent proposals to d vorce the control of the local budget from the bureau. Gen. Lord also fails to see why the fact that the Federal Government is contributing little more than one-fifth of the money spent annually in con- dueting the city government should be taken into consideration in any plan to remove Government su vision over expenditures of the Di: trict. \ Gen. Lord contends that it is the purpose of the Federal Government to see Lo it that the $9,000,000 lump sum | appropriation from the Federal Treasury to the District Is not care- lessly spent or wasted. He insists that the Federal Government should retain its right to exercise supervision and control over the spending of this money, adding that it would be inad- visable to turn this money over to the Commissioners to spend any way thev saw fit. 1t calls for supervision and scrutiny on the part of the Budget Bureau, Gen. Lord stated. The Commissioners, according to Gen. Lord's viewpoint, are answerable only to the President of the United States and not to the people. He pointed out that the Budget Bureau is an agency by which the President acts in seeing that the money appro- priated for the projects in the Dis- trict is wisely and properly spent. Gen. Lord’s discussion followed his bl-weekly conference with the Presi- dent regarding budget matters. Lle said the bureau is making progress in the preparation of governmental estimates to be submitted to Congress when it assembles. He said that there would be another hearing on estimates on the Districi and that they will be whipped into definite shape following that. o U. S. APPROVES ENVOY. Appointment of German Ambassa- dor Passed On. The German Government was noti- fled today by the State Department that the appointment of Dr. Frederich Wilhelm von Prittwitz-Gaffron as Am- bassador in Washington, succeeding the late Baron von Maltzan, would be entirely satisfactory to the Wash. ington Government. No official indication as to when the new Ambassador will take his post has been received. COMDR. LUCIUS JOHNSO! episode. The bullet inflicted a slig! flesh wournd over. Comdr. .phngor left ribs and then penetrated t trousers hanging in the closet. As the intruder fired he shouted: “You would, would vou! The bullet was found embedded in the wall of the closet. The burglar tan from the house, escaping through (Continued on Page 5, Column 4.) BLADENSBURG MAN SHOT BY WIFE, DIES | Mrs. Hartley Held After Story of “Accident” Is Denied by Neighbor. Rohert A. Hartley, 34 years old, a plumbing contractor of Bladensburg. Md.. who was shot last night at his wife's home on the Defense Highway, died this morning at Emergency Hos- {pital. His wife, Sarah Marie, 28. | mother of two children, was arrested t his bedside, and is bheing held at the House of Detention here, charged with the shooting, which she declared was accidental. Mrs. Hartley | shooting occurred during a quarrel with her husband when she “‘grabbed"” the gun away from him after he had threatened her, pointed it nervously at him as he slouched into a chair in the parlor of her home, and the weapon, his own .38 caliber revolver, was “accidentally fired.” Mrs. Hartley's story, however, does not coineide with that told by Clifford Gasch, a brother of Constable Gasch Iand a neighbor, who was one of the first to arrive on the scene after the | shooting occurred. He said that he had known Mr. and Mrs. Hartlay for some time and that they had ‘‘heen having trouble” for nearly five years, having separated at various tim=s, “I ran into the house when I was told that some one had been shot there,” he said, “and found Hartle writhing on the kitchen floor. Mrs | Hartley was bending over him a=d a Mr. Burton. another neighhor, who got ntinued on V- l With crowds lining the sidawalks iand cheering as if they were at a race track, Policeman William R. Laflin, champlon liquor sleuth of the eighth precinet, driving his own roadster, ran down a fleeing automobile loaded with alleged corn whisky this morning in one of the busiest sections of the northwestern part of the city The liquor car finally tried to make a turn ot Twelfth and V streets on two wheels, but instead turned upside down. The driver, James Sydney Johnson, colored, 23 years old, of 2247 Cleveland place, was pinned beneath the wreckage. ‘While the wheels of the upturned |car were still spinning in the air. by- standers alded Laflin to turn it over. Johnson was found to be uninjured. i but badly shaken up. The street ran with moonshine whisky and broken glass was scattered far and wide. Still intact were 52 quarts of liquor in fruit jars. Johnson was arrested and charged with illegal possession of intoxicating liquor, transporting llquor, reckless driving and attempting to leave the | told police that the | JURORS FREE MAN AND ARE QUSTED Failed Properly to Consider Evidence in Theft Case, Judge Rebukes Them. Chief Justice McCoy this afternoor. dismissed from further service as Jjurors two women and ten men whe had been impaneled in his court only last Tuesday. The jurors, after de liberating from noon yesterday until 5 o'clock, reported a verdict of “not guilty” in the case of William Waple, charged with the larceny of an auto- mobile. The acquittal of the accused an- gered the chief justice and he told the jurors that he feared they had not given proper consideration to the evi- dence offered by the Government. When the jurors reported today for service ¢hé-chief - justice , apnounced {that he had decided to dismiss them trom. further service and directed {them to go to the marshal’s office for their pay. The dismissed jurors are: Miss Catherine R. McReynolds, Miss Grace | MeDermott, Earl E. Hensinger, Clar- | ence Mullen, George M. McLeod, Wil- liam MeMakin, J. Stanley McGee, Frank Marcellino, Ladue McGiil, Luther L. Holtzsclaw, Frederick C. Huth and Joseph E. Miller. |MRS. GRAYSON SAILS, POSTPONING FLIGHT Dawn Aviatrix Abandons Oversea Hop and Takes Boat t6 Denmark. By the Associated Pres NEW YORK, November 4.—Mrs, Frances Wilson Grayson announced today that she was sailing on the Ma- jestic tonight to make by steamer and train the journey to Denmark she three times tried and failed to make by air. i In Denmark, she said, she will join | Mrs. Aage Ancker of Aiken, 8. C., and Copenhagen, her partner in ownership of the amphibian plane, The Dawn, in which Mrs. Grayson had hoped to be | the first woman to fly the Atlantic. The flight in The Dawn was indefi- nitely postponed yesterday after nego- tiations o secure a pilot to succeed Wilmer Stultz, who was at the con- (rols on the three unsuccessful at- tempts, had failed. BANK HOLD-UP FAILS. Man Captured After Chase Says He Weeded Money. SUFFOLK. Va., November 4 (P).— ‘1 was hard up and needed money,” police say was the reason J. Raymond Holland. alias J. R. Shepherd, 29, of orfolk. gave last night for attempt- ing to hold up F. T. Leathers, cashier of the Bank of Windsor, at Windsor, Va. His urrest followed a cross-coun- try chase, with several hundred Isle of Wight residents participating. !Merry-Go-Round Rum Chase Ends as Car| {Turns Over at Corner, Spilling Contents | scene of the accident without making known his identity. Laflin noticed Johnson unloading something from his car about 9:15 o'clock this morning in the alley at the rear of the Cleveland place ad- dress. He started for the spot. and Johnson promptly backed his light touring car out onto Florida avenue. Then the exciting chase began. Round and round they went from Tenth to Fifteenth streets on Florida avenue and V streets. Laflin kept his horn going full blast. ssed the same ‘The speeding cars points several times, and the shouting crowds waited to see who would win. A great part of the time Johnson's car was running on two wheels. Un- ablg to get in front, Laflin bumped the liquor car in the rear. The chase lasted nearly 20 minutes and the dis- tance covered was about three miles. Policeman Laflin has made a record for capturing bootleg cars in recent weeks. has taken six into cus- todgn the last month. Capt. Robert E. Doyle of the eighth precinct, said this morning that Laflin has an un- canny faculty for discovering liquor cars and running them down. » The only evening paper in Washington with the Associated Press news service. (®) Means Associated Press. ARREST OF Yesterday’s Circulation, 101,290 TWO CENTS. SINCLAIR ORDERED, BUT GORDON RECALLS WARRANT U. S: District Attorney Revokes Action Against Qil Magnate in Jury Tampering. Less than one-half hour afte States Attorney Peyton Gordon time. deposited $25,000 bond. lunch, found George P. Hoover, his conference with Gordon, that recalled. Gordon's Statement. Maj. Gordon emphaticaliy declared, however, that the complaint against nclair, as set forth in the warrant, | still stands, but no further action will i be taken, he intimated, “unless I get an indictment from the grand jury.” It was made plain in Gordon’s office that Burkinshaw's action in swearing out the warrant was without Gordon’s knowledge. Gordon was bombarded with questions by newspaper men on the subject, but he maintained in reply to one question that he “never intended it to be issued.” Meanwhile Burkinshaw was closeted with the grand jury, which was hear- ing statements from several of the jurors who served in the conspiracy trial. The trial jurors entered the grand jury room shortly after 2 o'clock. X In explaining his reason for with- %nlwlng. the Sinclair warrant Maj. jordon pointed out that the gran jury investigation was incomplete. For this reason he did not want to have the same witnesses appearing at a hearing before the United States Commissioner that he intended bring- ing before the grand jury. The warrant was issued by United States Commissioner Needham C. Turnage on application of Neil Burkin- shaw, assistant United States district attorney, in connection with the grand jury's investigation into the shadow- ing of the jurors of the late con- spiracy trial by Burns detectives. This sensational development in the grand jury inquiry followed court pro- ceedings today, at which Chief Justice McCoy of the District Supreme Court upheld the refusal of Henry Mason Day in answering questions before the grand jury intending to incriminate him in the charges now under investi- gation, Day Gives Bail of $25,000. No warrant was issued for Day, be- cause he appeared in person before Commissioner Turnage, and through former Justice Daniel Thew Wright, his counsel, waived a hearing and gave bail for $25,000 to await the action of the grand jury under the new charge. The charge on which the warrant for Sinclair was issued also involved Day “and others” in the alleged con- spiracy to contaminate the jury. Both were charged with conspiracy to violate Section 137 of the Penal Code of the United States Statutes, ‘The warrant charged that Sinclair and Day, in furtherance of the con- spiracy, did commit the following, among other overt acts, to-wit: “Did employ and direct certain private de- tectives to influence or to attempt to influence the action and decision of a petit juror or jurors engaged in the trial of the case of Harry F. Sinclair and Albert B. Fall.” Meanwhile, retrial of Fall and Sin- clair was put over today until January 16 by Justice Siddons. Special Gov- ernment oil counsel asked for a con- tempt verdict against Henry M. Blackmer, one of the principal wit- nesses in the case, who has refused to return from France to testify. Un- der such a decree Blackmer could be made to forfeit $100,000 in property in the United States. Gist f Charges. Tt is lurther charged in the war- rant for Sinclair and Day that they, with oth s, collected reports from the private detectives with regard to their activities in the matter of investiga- tions, contacts and financial affairs of said jurors. In seeking hond of $25,000 for Day, who is vice president of the Sin- clair Exploration Co., Burkinshaw told Commissioner Turnage that he did so because Day had resided abroad during most of the past 10 years. This precaution was taken because the Government wished to be saved from a recurrence of the absent witness' proposition which faced them in the Falls-Sinclair trial. Day's attorney, Judge Wright, said he had no objection to giving bond in any amount requested by the District attorney's office. Tssuance of the warrant for Sin- clair’. "arrest was not wholly a sur- prise, as evidence brought before the grand jury vesterday and today in- volved the oil magnate directly with his alleged agent, Day. in the activi- ties and direction of the Burns' detec- tives employed to shadow the 12 jurors. Day’s Statement Read. The grand jury filed into the court- room a few minutes after 12 o'clock and was asked by the clerk if it had any indictments to report. “No, we have a matter which we want to call to the attention of the court.” replied Dorsey W. Hyde, fore- man. The paper with the question propounded to Day and his answers was handed the court. and after they were read Maj. Gordon said: “There are certaln questions In there that have no tendency whatever to violate the witness' constitutional rights, and agnin a paradoxical situa | PROBE INCOMPLETE, HE SAYS IN EXPLAINING DECISION Day, Alleged “Contact” Man, 1s Placed Under $25,000 Bail on Plot Charge. r Assistant United States Attor- | ney Neil J. Burkinshaw swore out a warrant for the arrest of Harry F. Sinclair, New York oil magnate, on a charge of con- spiracy to influence the jury in the recent Fall inclair trial, United recalled the warrant, with the explanation that he did not intend that it should be issued at this The warrant charging the same offense against H. Mason Day, which was sworn out at the same time as the one affecting Sin- clair, was allowed to stand. Day, who is vice president of the Sinclair Exploration Co., waived service of the warrant and Maj. Gordon, immediately on returning to his office from Sinclair's attorney, awaiting him. Hoover had called to inquire about the warrant, and he said, after all he knew was what Maj. Gor- don told him, and that was to the effect that the warrant had been tion set forth that in answering he would be compelied to be a witness against himself; and, further, that he committed no crime.” Judge Wright then read the state. ment by Day before the grand jury, in which he said he had read the affi- davits filed with the court and from them it is manifest that “in bringing me here” an attempt is being made to make him a witness against him- self. “I am guilty of no offense, and upon advice of counsel I, therefore, refuse to answer,” the statement con- cluded. In arguing that had Day answered . the questions he would have been testifying against himself, Wright read several interrogations which had been put to Day in the grand jury room. One of these wa “During the past three weeks have you had contact between Mr. Ruddy (the Burns detective manager) and Mr. Sinclair?” “Can there be any doubt that the charge is that Day is concerned in an unlawful enterprise to corrupt the jury?” asked Judge Wright. Up to Grand Jury. Maj. Gordon asked Judge Wright if he thought that Day's refusal to answer the questions put to him would tend to incriminate him, he would tell the jury to pursue that inquiry no further. To this inquiry Judge Wright replied: “Will you say that Day is not guilty of any crime?” “I will not,” replied Maj. Gordon. ‘Wright then asked if the nd jury were pursuing evidence leading to an indictment, and Gordon replied that matter was up to the grand jury. Chiet Justice McCoy interrupted the questions by counsel and stated the points before him as being whether or not Day's refusal to answer ques- tions would incriminate him. The court then added, “If the witness relies on his constitutional rights we all know what that meant, 28 the courts have told us. To answer might tend to incriminate him. Maj. Gordon said the witnees has contended he committed no crime or offense and the court saw no reason for pursuing the matter any further and asked Day if he meant to stand on his ground that to testify would tend to incriminate him. “That's what 1 meant,” replied Day, and the Government expressed satis- faction with the position taken. Maj. Gordon did not press the matter any further and Chief Justice McCoy in- I" ed Day he did not have to tes- tify. The citation which the grand jury presented in the case of Day, prior to the .issuance of the warrant for Day and Sinclair, revealed that Day went before the grand jury with a letter which he waved as unwelcome ques- tions were asked him. The letter, dated November 2, said: ““Mr. Foreman and gentlemen of the grand jury: “1 have read the affidavits filed in this court and made by Assistant Dis- trict Attorneys Burkinshaw and Shea, From these affidavits, it is manifest that bringing me here is an attempt at what the Constitution forbids, to com- pel me to be a witness ag: self; there can be no other purpose. I am guilty of no offense and under the advice of counsel I decline ta ha so subject or to have my rights as a citizen so infringed. Therefore, I re- spectfully refuse upon that ground to answer. (Signed) “HENRY MASON DAY."” "'.\u right, what is your occupa- tion?" “My occupation is that of vice presi- dent of the Sinclair Exploration Co." “Mr. Foreman, may I ask you a question? Did Mr. Burkinshaw ask me this morning how long I had been {in Washington?" ' think so, but you Refuses to Answer. Burkinshaw—"In response to my question in regard to contacts with Ruddy and Sinclair. you have refused to answer, and the grounds for yopr refusal are set forth in this statement heretofore read by you to the grand jury this morning." “Yes, sir.” . “Were you the person who employ- ed the operatives of the Burns tive Agency to cover and invs certain jurors and their friends in con- nection with the Fall-Sinclair case in this court?” “I refuse to answer. I refer to this same thing. “Were any reports as to these jurors communicated to you by Mr. Ruddy"? “During the past three weeks have you had any contact hetween C. G. Ruddy manager of the Burns detec tive agency, on the one hand. and Harry F. Sinclair on the other?” * “1 have unswered that by referving to_this" (indicating “letter). Y The foreman of the grand fury: 2 understood that there were twa answered questions, the length (. time vou had heen in Washinston ung what the relation was hetween Ruvidy, Continnan an Prga 9° € 2 v ¥