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WEATHER. (U. 8. Weather Moetly cloudy row; not much ture; lowest tonight about 36 degree: Temperature—Highest, 46, at noon today; I ; lowest, 40, Full Teport on Closing N. Y. Markets, Pages 14 and 15 30,507. No. post _office, AL SMITH VICTORY - SEEN IN BALLOT ON AMENDMENTS Governor’s Supporters Aiso Claim Psychological Gain in Kentucky Election. REFLEX TO AID HUGHES CANDIDACY EXPECTED Success of Vare Ticket Was Fore- gone Conclusion—New York Sends Hancock to House. BY G. GOULD LINCOLN. Al Smith of New _York bursts from the election day aftermath a more dominating figure than ever in Demo- | cratic politics. The victory of the Democratic con- stitutional amendment program in | New York State, a program which Gov. Smith strongly sponsored, was overwhelming. Smith’s friends today are hailing it as a personal triumph for the governor, one of the greatest of his career. Of the nine proposed constitutional amendments, Smith supported eight and opposed one, No. 6, which pro- posed to increase the term of gov- crnor to four years and bring the zubernatorial nomination in the same year as that of the presidential elec- tion. Gov. Smith himself believes that the term of governor should be four years instead of two, and has sup- ported that proposition in the past. Gained Through Errors. What he objected to, however, was the attempt to make the -election of a governor an adjunct of the national ction for President. The people of New York backed him strongly in this, Republicans up-state as well as Democrats in New York City, and the amendment was lost. The other| amendments carried. The governor apparently has gained through the mistakes of the Republi- cans in New York. Many times the Republican leaders have sought to “put the governor in a hole,” only to find that he had not only crawled out of the hole, but pulled the hole over them. Republicans are seeking consolation from the fact that they held control of the lower house‘'and gained three “or four seats, but the personal victory goes to Gov. Smith. Smith foilowers are claiming at least psychological advantage from the election yesterday of a Republican governor in Kentucky. The liberal forces in hoth the Republican and Democratic parties made this possible. A tormer_governol nominee, was reform eandidate, with anti-races track platform. - He wished to put ‘an end to. the- pari- mutuel betting system. _Flem D. Sampson, the Republican nominee, took the other side of the controversy, and won by 9,000 votes or more. Chance in Convention. ‘The Smith followers in Kentucky, and there are many, feel that they will have a better chance to elect a Smith | delegation to the Democratic national | convention, with the reform Demo- | erats unhorsed. In 1924 there were Smith men on the Kentucky delega- tion, but because of the ynit rule, they were unable to cast their votes for the New York governor. A fist fight on the floor of the convention occurred when some of the Smith delegates un- dertook to carry the State banner in the parade of delegates around the hall for Gov. Smith. i Beckham had been suggested in some quarters as a possible rallying | point for the anti-Smith forces in the Democratic national convention, if he were elected governor yesterday. Beckham denied himself that he would he a candidate for President. Ken- tucky may send a delegation instruct- ed for the new Democratic Senator, Rarkley, who was elected last year. But the resuits yesterday have given the Smith people encouragement. Because Kentucky went Republican this year in the gubernatoral race is no criterion for what ¢ happen next yvear. Party lines sma: easily in the Blue Grass State. For ex- ample, in 1919 Morrow, a Republican, was elected governor by 40,000 votes, and in 1920 Cox, the Democratic nominee for President, carried the State notwithstanding the Harding landslide. Again in 1923 the present zovernor, Fields, a Democrat, won by 49,000. and in 1 ident’ Coolidge carried Kentus 5,000 votes, Reflex Is Expected. The boost which the President movement received from hte election results vesterday, sparse as they are the country over, is expected to have its reflex action. It is likely to make the Republicans of New York more determined than ever to nomi- nate Judge Charles Evans Hughes, if annot have President Coolidge. e that Hughes can beat Smith in New York. They believe that President Coolidge could turn the trick also. But they have greater doubt about another Republican nomi- nee, whether Hoover, Dawes or Low- den. They cannot get away from the idea that Smith's personal popularity must be offset by the strongest Re- publican in New York they can find The vacancies in the House of Rep- resentatives were filled by election vesterday, resulting in three Repub- Jican vietories. James M. Beck, former Solicitor General of the United States, was elected in Pennsylvania to the seat formerly held by Senator-elect William 8. Vare and which became acant recently. In the New York {hirty-fifth congressional district, Clarence E. Hancock, Republican, was chosen 1o fill the vacancy caused by the death of W. W. Magee, also a Re- publican. Charles G. Tattgenhorst, a Republican, was elected in Ohio. 8o ihe political complexion of the House remains unchanged by the elections vesterday. The Republicans have a safe working majority in the Congress which is to open December 5 so far as the lower house is concerned. Vare Victory Was Assured. Victory of the Vare ticket in Phila- delphia, headed by Harry Mackey, Mr. Vare's campaign manager last year, was a foregone conclusion. The Vare machine, built up through years of effort, was not to be overthrown in a few months, The same machine saved Vare in the election a year ago, when the rest of the State turned in a lead for William B. Wilson, his Democratic opponent. Mackey be- vor, defeating J. Hampton ate, by 1 Moore, ndidate, by (Con Page 3, Column 3.) Burean Forecast.) tonight -and tomer- change in tempera- at 8 p.m. yesterday. page 9. Entered as second clasd matter ‘Washington, D. C. THOMPSON AND ATTEMPT IS Will Not Back Fo Midwest By the Assaciated Press. CHICAGO, November 9.—The Trib- une today said it had learned that three bitter political enemies—Mayor Thompson, Gov. Small and former Gov. Lowden—met in secret confer- ence two weeks ago, seeking political peace. The newspaper added thatany hopes there 1 have been for a Small-Thompson-Lowden accord on major political differences were not 1i | - Thompson and Gov. Small are in Washington, and Mr. Lowden at his farm near Oregon, IIl, would make no comment. In only one thing were the three in agreement, the Tribune said. That [7 WASHINGTON, D. C, LOWDEN AMITY REPORTED FAILURE iAccount of Sccret Conference States Mayor rmer Governor as Candidate. was that the Republican party, to cceed mext year, must pick a candi- te from the Middle West. The mayor, however sald by the Trib- une to have made it plain that his choice for a Middle Western candidate would not be Mr. Lowden, whose name has been frequentiy mentioned for the nomination. The secret conference taok place, d, October 26, the n miss- »ss the Chi- mmerce wre the ass - tton was explained as due to his auto- mobile “throwing a wheel.” The real reason, according to the Tribune, was the conference with Gov. Small and Mr. Lowden. eago Assoc failure to WINTER SWEEPS ON FLOODED AREA Relief Wark Rushed in Fight Against Time Before Severe Cold Sets In. By the Associated Press. : BOSTON, November 9.—The work of relief and reconstruction pushed steadily to the fore today in New Eng- land’s flood devastated area. It was largely a fight against time, for the first touches of Winter were making themselves felt in no uncer- tain way in the water-saked villages of northern Vermont and western Massachusetts. The vigor with which the situation was being attacked was evidenced by the announcement of Maj. Gen. Pres- ton (Brown, commandant of the 1st Corps Area, that he was moving his base for airplane operations \from . H., to Burlington, Vt. Rail Service Resumed. At the same time the Boston & Maine Railroad succeeded in resuming wervice to Canada, cut off since the storm broke. The route. a temporary one, will take trains from here to Portland, Me., and thence to Sher- brooke, Quebec, whence they will run over the Canadian Pacific lines to Montreal. That left tlllle mfln,lll“‘lfi t% fl:! ;szt n to supplies ew York State, :l:m whl:p!? lhlmty probably will have to depend for its milk quota for some time to come. The road reported that an unprece- dented c route, ‘The same route while workmen feverishly pushed repairs to the 3% miles of main line which was swept away in the vicinity of Becket, Mass. Governor Calls Aides. At Montpelier, Vt., Gov. John E. Weeks took the initiative in calling together heads of departments and naming _committees which were charged Wwith spurring the plans for reconstruction. College students took & hand in the situation, with the announcement from Hanover, N. H., that Dartmouth undergraduates 1,000 strong, would go to Hartford, N. H. tomorrow to help the inhabitants there in any way possible. Smith College students, at North- ampton, Mass,, did their part by aiding in feeding, clothing and hous- ing 200 refugees left homeless by the Connecticut River’s inundation of the lower sections of the city. The zirls contributed liberally of their awn vardrobes to help clothe the needy. Northern Vermont and the shat- tered towns of the ill-fated Winooski Valley, however, remained the real distress zone and it was there that the Army was concentrating its forces with the establishing of headquarters at Burlington. Pontoon Bridge on Way, An Army pontoon bridge was on its way there from Fort Dupont, Del., it will be thrown across_the river to the opposite town of Winooski so that relief traing may move more expeditiously up the valley to the towns of Bolton and Waterbury. Duxbury and North Duxbury and other places where loss of life was heavy. The Vermont State Board of Health has been giving 24-hour service in sending preventive serums to flooded towns and thus far mo reports of lisease have been received. A steam- er from Port Kent, N. brought 10,000 treatments for typhold vacci- nations to Burlington, while a chlorin- ing apparatus was being rushed there to be used in purifying polluted water supplies. ‘Work on highways I8 beipg pressed in order that supplies may be assured heleagured villages, a number of which are_dependent upon Army wagons and airplanes. ——ie GERMAN FLYER BROKE. Koennecke, Ill in India, Give Up U. S. Flight. BERLIN, November 9 (#).—The foreign office was advised today by the German consul general at Calcutta, India, that Otto Koennecke, who set out to fly to the United States by way of the Orfent, is ill and penniless, and ‘Would JADWIN REPORTS ON FLOOD CONTROL River Plans to Be Ready When Congress Meets, He Tells President. By the Associated Press. ‘While the House flood control com- mittee continued today- to canvass views of witnesses on flood legisla- tion, Maj. Gen. Jadwin, chief of Army Engineers, advised President Coolidge that his recommendations for the Mis- sissippi River system would be ready for Congress when it meets, In company with Secretary Davis of the War Department, Jadwin gave the President a report on progress to date, explaining that closing of levee crevasses was proceeding as rapidly as expected, and that the danger of flood recurrence virtually has been re- moved. Blames Stream Reversal. Before the House committee, Charles W. Borgelt, executive board member of the Illinols Agricuftural Association, blamed Illinois River floods in Fulton County to reversal of the stream'’s direction, and also to di- version by Chicago of water from Lake Michigan. He said crops of the Jast two years had been destroyed by floods on the river bottoms. Floods around Mound City, Il were ascribed by Judge W. A. Wall of that city to backing up of the Mississippi’s high waters in the Illi- nois River's tributaries. He said that his city supported removal of the ttle necks” in the Mississippi Rl\'ex; unt of traffic had been |_creation. of Boston & ny also used the|terday. “If no protective action is taken, the flood menace means that the Illi- nols cities of Cairo, Mound City, Mec- Clure and others will have to be aban- doned as uninhabitable,” he declared. Control Held Essential. Diverting from the question of flood protection needs of the lower Missis- sippi Valley, yesterday afternoon, the committee heard witnesses from Illi- nois and other Northern States present the problems of controlling the waters of the upper reaches of the Mississippi and its tributaries. Representative W. E. Hull, Republican, Illinois, head- ed the spokesmen from this section in stressing the need for protective measures. The relief assistance by railroads during the flood and their property losses ¢’ $10,000,000 also were related to the committee by a group of repre- sentatives ©of the American Railway Association amd the carriers of the flood-stricken area. ‘A woman, familiar with the work- ings of Congress, Mrs. Genevieve Clark Thompson of New- Orleans, (Continued on Page 4, Column 3.) —_— DEPUTIES ACCUSED OF AIDING RUM MEN Guarded Stevedores Unloading Ships, Witness Says—Liquor Ring Got $100,000. By the Associated Press. TACOMA, Wash.,, Navember 9.— How bonded liquor poured into Aber- deen, Wash., over the docks by the thousands of cases while deputy sher- iffs stood by to see that the handlers were not molested was detailed in Federal Court here yesterday by Gov- ernment witnesses in a liquor con- spiracy case involving former Sheriff Elmer Gibson and 36 othérs. At the same timeé protected moon- shiners were turning out thousands of gallons of whisky with a revenue of $1 a gallon to the liquor ring, which also covered the cost of beginner's I sons in moonshining under the dir tion of the sheriff’s office, other wit- nesses declared. So far the Government has traced more than $100,000 to the collectors for the ring “through 1ts witnesses, close to $90,000 being accounted for by Winfield Huggett and Frank Brat- ley today. Huggett sald he imported 7,000 cases of bonded whisky by boat dur- ing 1924, while Bratley admitted the desires to abandon his plane and re- turn home. The foreign office understands this . By the Associated Press. PHOENIX, Ariz., November 9.— Maidens of a prehistoric day may have danced their version of “Charleston” and “Black Bottom” to the wail of a Jazz orchestra. Lyman Brown, archeologist, here today en route from Mexico City to Chicago, told of unearthing the musi- cal instruments used by early ex- ponents of the art of syncopation, Excavations in the Mexico Valley, the scientist sald, have uncovered mu- sical devices resembling the imple- ments of modern jazz music, ] marks the end of the jll-fated attempt. Prehistoric Girls Succumbed to Lure Of “Cbarlcston.“ manufacture of more than 40,000 gal- lons of moonshine during 1925 and 1926 in Grays Harbor and Mason Counties. Archeologist Clasms “We found horns made from animal tusks capable of producing weird moans like those of a saxophone,” de- clared Brown. “Other instruments resembled the clarinet. We also un- covered an assortment of drums which would have been worthy of a modern trap drummer, “Judging from our finds, it is not Improbable that centuries ago the counterpart of flappers and drug store cowboys of our own day did the ‘Charleston’ and ‘Black Bottom’ to the strains of jaza.” He sald the instruments would be turned over to the American Museum of Natural History, ¢ Foeni WITH SUNDAY MORNING EDITION WEDNESDAY, SENATE MUST RULE ON STATUS OF REED SLUSH COMMITTEE U. S. Circuit Court of Appeals -Gives Decision in Vare - Ballot Contest. BENCH UPHOLDS VERDICT FROM LOWER TRIBUNAL County Refused to Give Up Vote Boxes, Holding Probe Body ‘Was Non-Existent. By the Associated Press. PHILADELPHIA, November 0.— The United States Circuit Court of Ap- peals today upheld the Federal Dis- trict Court in the opinion that the question of the existence of Senate committees is a matter for the United States Senate to decide and not the courts. The decision was in the case of the Senate special committee. af which Senator Reed of Missourl. is chairman. This committee was appointed by the Senate to investigate primary cam- paign expenses in various States. The committee tried to obtaln ballot boxes in Delaware County containing the votes cast at the last senatorial elec- tion, in which Willlam S. Vare, Re- publican, defeated on the face of the returns William B. Wilson, Democrat. Wilson contested the election. Put Up to Senate. Delaware County authorities refused to give up the boxes on the ground the Reed committee was no longer legally in existence. The committee took the case to the United States District Court and Judge J. Whitaker Thompson decided it was for the Sen: ate to decide the status of its com- mittees, Judges Buffington, Woolley and Davis of the appellate court affirmed the action of the lower court and dapoted Judge Thompson's opinion as their own. The decision was regarded as a vic- tory for Senator-elect Vare, coming on top of his sweeping triumph at the polls yesterday, when his candidate for mayor of Philadelphia was elected. Senator Vare, backed by Senator TLavid A. Reed of Pennsylvania, fa- vor~~ the turning over of all the bal- lots in Pennsylvania, not to the Reed special committee, but to the Senate o mittee on privileges and elections, of which Senator Watson of Indiana is chairman. Given to Committee. Prior to the demand for the Dela- ware County boxes the ballots in All& » tts- N 'S GOMBINE ACGUSED OF AIDING TAX PLEA Garner Questions Witness, Charging “Selfish Interests” Back Campaign Here. By the Associated Press. An attempt to show that repre- sentatives of the National Council of State Legislators and the American Taxpayers’ League had co-operated in conducting the fight for repeal of the Federal inheritance tax was made at today's tax hearings by the House ways and means committee. ‘The effort was made by Representa- tive Garner of Texas, ranking Demo- crat on the committee, who has sought -to show that the council is supported in part by the league, which, he contends, is financed by or- ganizations seeking repeal of the in- heritance tax. Garner endeavored to bring out that William H. Blodgett, tax com- missioner for Connecticut, spokesman for the Legislative Council, had been ‘were |advised concerning procedure at yes- tu over_to the Reed comimittee, After the Delaware County refusal reached the courts an agrement was made for impounding of all the ballots in Pennsylvania to await the pleasure of the Senate. It is now for the Senate to decide, it was_pointed out here, whether the Reed special committee still exists and should have all the ballots or whether the regular standing committee should investigate the Vare-Wilson election contest, The question of extending the life of the Reed special committee resulted in a spectacular filibuster in the last hours of Congress last Spring. A resolution had been introduced in the Senate authorizing the committee to continue, but the filibuster, led by Senator Reed of Pennsylvania, pre- vented the resolution coming to a vote. TWO HELD IN SALE OF “COPIED” FILMS Pair Offered to Reproduce Popular Pictures for Home Use, U. 8. Agents Say. By the Associated Press. BOSTON, November 9.-—A scheme for the copying of popular moving pie- ture fllms and their sale through mail order houses was believed to have been uncovered with the arrest of Morris M. Green and Donato de Mat- teo, both of this city. They were taken into Federal Court here, where they pleaded not guilty, Green to the charge of reproducing and selling a number of films, and De Matteo to that of aiding him. Their arrest followed an investiga- tion by Federal authorities, who were informed some time: ago that well known films were being sold for use in private homes. Representatives of the motion picture industry who aided in the investigation said they had visited a laboratory in this city in which Green and De Matteo worked. The men showed them samples of films and offered to reproduce any film desired, the investigators said. The investigators reported that Green and De Matteo had “connec- tions” locally which enabled them to get possession of films long enough to make coples of them. —_— ENGLISH COURT UPHOLDS PRAYER BOOK CHANGES Lord Chiet Justice and Two Judges Refuse to Bar Progress of Reform. By the Associated Press. LONDON, November 9.—Opponents of the recently formulated revised Prayer Book of the Church of Eng- land suffered a defeat in court today when the Lord Chiet Justice and two other judges decided that they could not grant a rule which would have the effect of barring the progress of revision measures, The revised Prayer Book of the Church of England has been approved by the church assembly, but it must still be approved by the government through Parllament.” Opponents of the revision, who declare that it leans to- ward the Roman Catholic forms, have been keeping up their fight against it and took the, matter to court as a last effort. Among the changes made by the revised edition is the elimina- tion of the word “obey” on the wom- an's part of th gurluo service. terday’s session by J. A. Arnold, & rep- resentative of the Taxpayers' League. Arranged Own Program. Garner presented several slips of paper to Blodgett and asked: “Did Mr. Arnold have anything to do with your program? “I arranged it myself. “Did you ever see those cards?" “They were sent to me yesterday.” know who they were “Is not one card signed ‘Arnold’?” “Well I pald no attention to, what it said.” After this exchange Franklin 8. Edmonds, chairman of the Pennsyl- vania special taxation commission in arguing for repeal of the estate levy cited what he said were_instances of hardship resulting in Pennsylvania from enforéing the Federal statutes. C. O. Holmes, member of a commis- sion appointed by the Governor of Indiana, said that when the emer- gency had passed (the Federal inherit- (Continued on Page 5, Column 4.) — PARIS SEEN PLEASED WITH TARIFF NOTE Boards Cleared for Parley on Com- mercial Treaty, Officials Hold. By the Associated Press. PARIS, November 9.—Complete satisfaction with the latest American tariff note, delivered yesterday, is ex- pressed in French official circles. The note created an excellent im- pression, it was sald, leaving the boards all cleared for negotiation of a commercial treaty. It also was sald that America’s recent application of surtaxes on French products is regard- ed as offset by the raising of the ¥rench minimum duties, to conform with the minimum rates established by the Franco-German treaty, which originally caused the raising of the tariff question. — COTTON DECLINES $6 A BALE ON U.S. REPORT Break Follows 164,000-Bale In- crease in Crop Estimate Is- sued by Government. By the Associated Press. NEW YORK, November 9.—Cotton prices broke $¢ to $6 a bale on the New York Cotton Exchange today following publication of the Depart- ment of Agriculture crop estimate showing an indicated crop of 12,842, 000 bales, an increase of 164,000 bales over the October estimate. The “cotton call,” by which bids and offers are called for each month from to October, which ordi- narily takes five minutes, was delayed 20 minutes on the reopening of the market after publication of the Gov- ernment report. Trading was unusual- ly heavy and quotations dropped § to 10 points -between sales. 4 December options quickly broke 88 points to 19.95 and January contracts | fell 123 points to 19.16, Radio Programs—Page 2., g St JOVEMBER 9, 1927 FORTY-TWO PAGES. Letter to Judge Marked Not Known At Police Office “Dear. Maj. Hesse—Will you please instruct your men as to the names of the Police Court judges,” was the burden of a letter from Judge Isaac R. Hitt to the super- intendent of police, after the judge had received a letter today from Clarendon, Va., addressed to “Issac R. Hitt, Police Headquarters, Washington, “D. C." with ‘“nof known at Police Headquarters, scrawled across one end of the en- velope. “Ask at Police Court,” written on the back provided the crown- ing touch in the opinion of Judge Hitt, who, although he does mot pretend to be a prophet or wail about the lack of honor he receives in his own country, thinks that a man who has served two and one- half years on the bench at the Po- lice Court and before that was United States commissioner for 10 years should at least be known to the police of his own city. LEAGUE COUNCIL SESSION CALLED FOR DECEMBER 5 Body- to Hear Ht‘h\unhn Protest Over Arrests by Polund of Vilna Clergy. By the Associated Press. GENEVA, November 9.—The quarterly session of the League of Na- tions Council was officially summoned today for. December 5. One of the most important questions to come up is the appeal of Lithuania against Poland, alleging ntistreatment and arrest of clergy in the Vilna dis- trict and removal of the schooling rights of Lithuanian children, which is declared to be threatening peaceful relations between the two countries. The ministers of the allied powers at Lithuania are understood to seeking to induce the: Kevno Govern- ment to withdraw its appeal, believ- ing that i may be undesirable to open the entire problem of the Polish occu- pation of Vilna. o PRINCESS MARY ROUTED FROM BED BY FLAMES House Party Flees Fire in Home of Lord Allendale at Wakefleld. By the Associated Press. LONDON, November, 9.—Princess Mary and her husband, Viscount Las- celles, were among a number of well known persons who rushed from bed- rooms, many in night clqthes, when fire broke out early this morning at the Bretton Park residence of Lord Allendale, where they were guests, says a Wakefleld dispatch to the Evening News. The fire was discovered in the nursery wing, and when the alarm was given the ‘guests rushed from their rooms and watched the firemen, who made a record trip from. head- quarters to extinguish the flames. None of the party returned to bed, but dressed and went out on a scheduled shooting trip. The house was much damaged, but nobody was reported injured. T PLANES CRASH; 1 DEAD. Lieut. Nelson Killed at Langley Field as Leaps Save Three. NORFOLK, Va., November 9 (#).— Lieut. Addison Nelson, piloting a Cur- tiss Hawk plane, was killed today when his craft collided with a Martin bomber from Langley Field and crashed into the water near the Nor- folk County Club. Three men in the bomber, which was piloted by Lieut. G. H. Stewart, landed * safely in parachutes. The bomber struck the roof of a house, The only evening paper in Washir. ton with the Associated Press service. * Yesterday’s Circul (#) Means Associated Press. EXCAVATION WORK Two Triangle Building Proj- ects to Be Begun Within Few Days. “wo co..iracts fc: excavation on the ites for the Departm~nt of Commerce _Internal_Revnue_Bureau_Build- ings -vere let today by the Treasury, and ground s expected to b. broken within a few days for the great Fed- ¢ .1 building program in Washington. Both contracts were awarded to the Warren F. Brenizer Co. of this city, who was low bidder in each case. The contract calls for completion of the work in 90 days. “The excavation o.. both sites will constitut> only a part of that neces- sary for the entire building, as the en- tire site is not available in either case on account of buildings still standing. Chio Avenue to Be Closed. On the Department of Commerce site the excavation will be in the shape of the letter “L” and will virtually ¢ 5 Ohi. avenue, closing '. to traf- fic between Fourteenth and Fifteenth streets, The excavation will proceed aroand the House of Detention, which has been left standing, but will be de- mulished later to make way for the great - ~apce uilding. The digging for the Internal Revenue Building will take place on a block which has already been cleared of buildings, due south of the Post Office Department. This block is bounded by Twelfth street, Eleventh, Little B and C streets. The excava- tion will not only cover this block but will extend southward almost across Little B street toward the Farmers' Market sheds, leaving barely enough room for vehicle passage to the north or the market sheds. Time will be necessary to clear the rest of both of these big sites. The problem of the Farmers’ Market is in the hands for the present of the Dis- trict Commissioners, who have a voluminous mass of data collected from a recent hearing as to the loca- tion in a new place of the Farmers' Market. The square immegdiately to the east of the one to be excavated is heing acquired by the Government under condemnation proceedings. which have been completed except for prefunctory details and the payment to present owners. Square to Be Cleared. This square, hounded by Tenth and Eleventh streets, Little B and C streets will be cleared of its buildings within a ehort time after purchase has been consummated. The clearing of the Department of Commerce site depends not only upon relocating the House of Detention elsewhere but also upon finding room for about 1,500 workers in the so- called annex No. 2, a big temporary building on the Commerce site housing the income tax unit. The contract for the Department of Commerce excavation was in the amount of $14,250, and the Internal Revenue site was in the amount of $10,400. Assistant Secretary of the Treasury Schuneman, who has taken charge of the Washington building program in addition to the program in the fleld. today expressed gratification over the progress being made and declared that from now on he thought the building plans could proceed steadily forward. 20 U. S. MISSIONARIES FIRED ON BY CHINESE Oriental Engineer on Launch Is Only Person Injured in At- tack Near Canton. By the Associated Press. SHANGHAL China, November 9.— Twenty American_missionaries going along the North River, near Canton, in a launch were fired upon by Chinese soldlers, officlal dispatches from Can- knocked off the chimney and dived nose first into the water. Lieut. Nelson was a member of the VF-5 squadron at the naval air sta- tion. ton stated today. The Chinese engineer was the only person injured. Military authorities sald the launch had disregarded orders o halt. Girl in Dentist's Chair Is Hypnotized Over Telephone by Brazilian Savant v By the A-ne!u-%m CHICAGH lovember - 9.—The Chi- cago Herald-Examiner today reported the hypnotism over a teléphone of a patient in a dental chair, by Zecca G. Bumgahem, who was in a hospital 30 blocks away, The patient, Miss Ruby Browne, insensible to pain for 15 minutes, while the dentist drilled a sensitive tooth. 0 has made a life study of hypnotism, came here from Rio de Janeiro, Brazil. He recently hypnotized another patient who was operated upon in a hospital here, Miss Browne was telephoned by Bumzahem, who told her to remove a ring she was wearing, give it to the dentist and “relax.” She did so and was asleep almost instantly, the newspaper said. After the dentist finished working on her the ring was replaced and the patient returned to consciousness, TOSTARTSHORTLY news lation, 101,457 TWO' CENTS. SINCLAIR OFFICIAL REFUSES REPLY T0 GRAND JURY QUIZ Sheldon Clark Declines to Testify on Grounds of Incrimination. RELEASED UNDER BOND ON CONSPIRACY CHARGE Two Real Estate Men Called in In- vestigation—Jurors Seek Identify Questioners, to decline the grand ju today ¥ before ating sur r oil conspir: Ylark, who is vi zeneral manager of the Sinclair Refin- ing Co., and whose home is-in Chicago, was before the grand ju: less than five minutes. He was excused until tomorrow, when there will be pr pounded to him practically the same questions which Henry Mason Day, another Sinclair oil official, refused to inswer before the grand jury on the round that it might tend to incrimi- nate him. Information received at the district | attorn office is that Clark acted {for Day on one or two oce recei tectives, who shadowed the 10 men ;Iu"rll two women on the Fall-Sinclair and 1 Declines Statement. Clark declined to make any state- ment both before and after he appear- ed before the grand jury, explaining that he could not talk until his ex- :IIrm‘m:I[ion by that body had been con- cluded. After Day refused to testify, the grand jury certified the fact to Chief Justice McCoy of the District of Co- lumbia Supreme Court, who held that the Sinclajr man could not be com- pelled to become a witness against himself in a case in which he might be nvolved. A charge of conspiracy to influence the verdict of the jury then was laid jointly against Day and Sinclair before United States Commis- sioner Turnage, and Day was released on $25,000 bond. Today and tomorrow hold promise of being busy days for the grand jury. In addition to Clark and Harry Jef- freys, chief clerk of the Sinclair Con- solidated Oil & Refining Co., both alleged contact men between Sin- clair and the Burns detectives, Assist- ant U. S. Attorney Burkinshaw has lined up a long list of witnesses. Included in these are the 12 trial Jurors, C. G. Ruddy, director of the Burns agents, and the entire group ;)l 15 detectives who- shadowed the ury. A X A new element figured In the case today when Garret'Bitzell, sales man- ager for the Cafgitz company, and Charles E. Burr, salesman for the same firm, also were called to appear before the grand jury. Both Bitzell and Burr were mentioned in reports of Burns' detectives seized by the Gov- ernment. Burkinshaw declines to divulge the exact nature of testimony to be given by the two real estate men. It was generally believed that their state- ments are to be used by the Gov- ernment in an effort to break down additional reports made by the Burns operatives. Shortly after 10 o'clock Clark cre- ated a stir in the courthouse corridor by appearing with His attorney, Morgan Beach, former clerk of the District Supreme Court. He had been trailed through the grounds by news photographers. Silent on Questioning. Clark is a little man in sharp con- trast to Day, who is out on $25,000 bond as being a party to the alleged conspiracy to influencq the decision | and action of the trial jury. Clark seemed to enjoy the interest he excited. “Of course, I'm going to appear before the grand jury,” he ex- imed as the question w pressed to_him. The Sinclair representative, however, was not so ready to say whether he would answer any questions put to him in the grand jury room. His at- torney put such questions off with the answer, “You'll know sooner or later whether he is going to answer any questions." Warrant Is Tssued. As soon as he walked out of the courtroom a warrant was issued for his arrest, naming him as a_party in the conspiracy with Harry S. Sin- clair. Day surrendered voluntarily and gave bond. _ Should Clark refuse to tell the grand jury anything about his movements in Washington during the trial, and 1 ake the same claim of immunity, it is probable that the Government will pursue the same course of procedure as it followed in the case of Day. While waiting to appear before the grand jury Clark and Ruddy held an animated conversation at one end of the corridor, far removed from the crowd that' congested the United States attorney’'s of The two men appeared to be talking confidentially. The first of the Burns men who went into the grand jury rcom was Cuarles L. Bietsch, manager of the Baltimore branch of the agency. Prior to *his, Bietsch had claimed he had no co .ectfon with the trailir: of the F. “'s-Sinclair_jurors. He cle ned he was not in Washington at the time. The second detective to follow him w.s 7. Brennan, who was brought here from the New York agency. A third witness was J. Dwyer, Burns sleuth, who trailed- Mrs. Annela Bailey, on» of the two woman jurors. To Appear Again. Brennan was told to t around.” as he was wanted to appear again this afternoon. - No information was forth- coming from the United States attor- nex’s office as to the line of inquiry being made by the grand jury. It is understood, however, that Maj. Gor- don is pursuing his inquiry into the identity of the persons who ap- proached the two other jurors during the trial as revealed yesterday. Identification Sought. Burkinshaw was directing a new in- quiry today in an attempt to establish identity of the persons who ap- proached two of the trial jurors with improper. questions before the mistrial within the very shadow of the court- "This e ; s information was given to grand jury for the first time yen':re- day by the two jurors, John J. Costi. nett, an elderly tailor, and Gardner P. Greafeld, a young cable splicer. Both (Continued on Page 5, Column 6,)