Evening Star Newspaper, March 9, 1928, Page 10

WSEFIND S50 N VRS KLLNG D C. Man Changes Plea to| i Guilty of Assault and Bat- ; tery at Martinsburg. i al Dispateh to The Star, J { MARTINSBURG, W. Va.. March 8. Spencer Wise of Washington, charged | with the murder of Leo A. Livers. young business man of this eity, here Ibst November in a disagreement in a Retel corridor following a dice game changed his not guilty plea to & plea of gty of assault and battery and was £250 and costs ange i plea which st morning. . Al of the S whs not in. Clvde E. S had testi- fed. as had the widow Livers, her miother, who lives in the Livers home: H. G. Tonkin. called to examme i Dr. Lynn H. who at- tended Livers nt at the sEergency opers timore. A cpothetical question. desizned to_get abruptly halted ted Wednesday ‘s evidence ‘ive-Pound Topaz | Of Pale Blue Tint Is Sent to London By the Associated Press, LONDON, England, March 9.—A topaz, weighing just over 5:pounds, has been added to the collection of gems in one of the national mu- seums, at South Kensington, Lon- don. It is water-clear, with a pale | blue tinge, and was found in Mada- gasear. The technical description states that its well developed and brilliant crystal faces are marked by complex and iniricate pyramids and lines of growth, and the specimen is an - structive example of a ecrystal in which the process of growth has been abruptly arrested came here on business November 16, and had remained over at the urgent invita- tion of Walter Fitzsimmons, a friend. THE HINCHCLIFF TO FLY FROM ENGLAND TO INDIA B the Assaciated Prass, LONDON, March 9.—A 4,000-mile flight to India as a preliminary test for | an attempt to make the first fiight from | Europe to America in May or June is being planned by Capt. Walter Hinch- | eliffe, noted British aviator. | Reports that the captain was about |to start Immediately on a fiight from | England to the United States with the { Hon. Elsic Mackay, titled British heiress, { from Capt. and Miss | Mackay. | The captain sald that he probably | would start for India in about three { wecks as a long preliminary test for | transatlantic hop, but denied that Miss | Mackay would accompany him on either attempt. Miss Mackay, he said, has | kiven financial support to his under taking and has taken part in trial flights. but that is the extent of her par- ticipation, Hinchcliffe and that the game was arranged for his | entertainment. There was drinking at the party. it was testified. and an argu- ment between Livers and Wise as they left the game room. iater Clyde E. came upon Livers and Wisc in the cor- ridor, Livers on the floor, Wise half standing over him. Neither Smith nor Fitzsimmons saw the blow struck, but they were told that Livers had used ob- jectionable language toward Wise and A few minutes | Smith and Fitzstimmons | 1) EVENING | as a passenger, brought denials both || STAR, WASHINGTON, D. C, NSIIIEZ NS Another New Store OPENS Tomorrow 1033 3rd St. N.W. Our Famous i) Apricot and Pineapple PRESERVES GREEN BAG COFFEE DEL MONTE FRIDAY, MARCIT 9, 1928, RS S e e AT AT QUALITY COUNTS CHEWING GUMS CANDY BARS GORTON'S Deep Sea ROE A most popular food at this season of the year— “down East” by GORTON’S CLAM CHOWDER There is clam chowder and clam chowder —Gorton’s e_‘; packed AT AT On the Tables of Those Who Know CATIIIEZS Still Another New Store OPENS Tomorrow 210 7th St. S.E. Lb. 37¢c L] Del Monte Ripe OLIVES The large size ripe olives % = 571 E E Brumback his opinion as to ed in the h;vm 7 last had made a lunge at him and that Wise struck to protect himself. Livers arose | and walked to his car and drove it home, Smith accompanying him, and Smith left him at the Livers door. The State's contention was that the blow | which Wise landed on the left side of Livers' face knocked him down, and in the fall the right side of the head came into contsct with some hard surface, _ producing & fracture that was pro- nounced as having caused death clam chowder has just the flavor desired. Tin, 121c Shrimp, dry packed .......Tin 17c Shrimp, damp pack . Glass 35¢ Belle Island Tuna . Argo Salmon Tin 35¢ Pink Salmon LJ o o " Here are some rare VALUES for the SAVING Grocery Buyer SANITARY EGGSei=: 33¢ Strictly Fresh Locals Del s].00 % PINEAPPLE 25 PURE LARD 20 19 TOMATOES 49 29 39 21 11c 17¢ 25¢ Oranges—Your Choice Floridas or Cali- Deliciously good pre- serves of blended pincap- ple and apricot, producing the tastiest of flavors. 30c WILKINS Breakfast COFFEE Better Than a Watchdog Gorton. are delicious—packed by Del Monte in two sizes. Buy a small tin for a trial. 23c 12¢ Safe Deposit Box FEDERAI-AMERICAN NATIONAL BANK Where G Street Crosses 1jtN Argo Tuna Fish. ... Hisee Tin No. 1 Tin L] GORTON’S Fresh MACKEREL Small Tin tate Gives Consent. A torney H. E. Hannis reguest for a change e plea. explaining that the State not hope for more than an invol- v manslaughter charge, under which the assault and battery penalty might be imposed. Judge Rodgers as- sented. declaring that nothing more | than the involuntary manslaughter ver- | dict could be asked, that he would be required to set that as a limit for the | fury if the latter were disposed to con- viet, and he then imposed the fine. He added that the court could and would sider nothing but the assault and v aspects of the case, in view of the new plea. and that all other charges of homicide were automatically with- drawn. Judge Rodgers expressed hope that Wise had learned a lesson. deprecating the entire affair. but adding that his knowledge of both the State sand defense cases made it plain to him that nothing more than an involuntary manslaughter conviction could be se-| cured under the evidence, in which case the assault and battery penalty migh have been imposed: and that he would | have been compelled to direct such an involuntary manslaughter verdict by the v as the most severe possible charge, if the jury had been inclined to eqnvict at all. Accident Defense Hint. Wednesday morning by questions to the widow of Livers the defense en- deavored to bring out the height of the bed on which he was seen in physical pain the day before his death. from the figor. and she was asked whether he! might not have fallen. The court de-| clined to let her answer. but the im-| pression given was that the defense, if | forced to go through the entire trial, wouid take the position that an acci- | dental fall at the home from the bed | 1o, floor might have caused the frac- | b on the right side of the head from ich Livers died. “Evidence Carton of a Dozen o SUNSWEET, TAFORNIA Medium Size Lb. Pkg. 14c Large Size 2.Lb. Pkg. 11 Oz. Size Per Pkg. ' 15 Lge. % E original ready-to-fry fish cakes — made Tins from Gorton’s, the original “No Bones" salt codfish. Mixed in generous proportions with snowwhite boiled potatoes and packed in this plump yellow-and-blue can, all ready for you to pat into cakes and fry. A wonderfully delicious breakfast, luncheon or supper in a jiffy. Lbs. For C 2 Peter Pan == PEAS e T sugar peas. A trial, Del Monte PEACHES you to demand Peter Buffet Size Pan. Tin No. 1 size it ... No. 2V size tin. . Silver Lake Tins Whole Cherry For Standard Grade—No. NUKRAFT Kraft's Newest Cheese Product FELS-NAPTHA 10 A Most Popular Laundry Soap GRAN. SUGAR 5 Bulk Sugar Only at This Price QUEEN OLIVES Large Size Delicious Fruit PANCAKE Pillsbury Blue Ridge PEAS Shriver Packed LIBBY CATCHUP Famously Good GOLD DUST lLet the Twins Do Your Work 15 NOTE—Those who Prefer May Buy Seven at the Regular Half-dozen Price. Fresh Florida CELERY We were indeed fortunate to secure & largs shipment of this fine Jumbo Celery—at the price quoted we are passing the savings on to you Ruy this celery untrimmed and wse the outer stalks and leaves for soups and salads Choice large cherry beets, packed whole. BEETS Del Monte _Fruit for Salad Per Pkg. 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