Evening Star Newspaper, November 19, 1928, Page 1

WEATHER. U 8 Weather Bureau Forecast) Rain this afternoon, ending early to- night: much colder tonight, with low- est_temperature about 42 degrees; to- morrow fair and colder. Temperatures—Highest, 78, at 4 p.m. yesterday; lowest, {i—Full report on page 9. Closing N. Y. Markets, Pages 14 and 15 65, at 7:30 a.m. today. ch WITH SUNDAY MORNING EDITION ¢ Foening Star. Saturday's Circul Sunday's Circulation, The only evening paper in Washington with the Associated Press service. news lation, 105,021 12217 el Ertered as s post office, 30,883. d class matt er ngton, D, C. WASHINGTON, D. C., MONDAY, NOVEMBER 19, 1928—THIRTY-EIGHT PAGES. » () Means Associated Press. TWO CENTS. 50 DELAY ORDERS| DENIED BY AGENTOF OWNERS OF VESTRIS Official Says Probers Are Wasting Time Seeking Copy of Alleged Message. INQUIRY TO BE RESUMED BY U. S. ATTORNEY TODAY Several New Lines of Investigation to Be Followed; Inspection Probe Goes On. By the Assoclated Press. NEW YORK, November 19.—Denial in behalf of the owners of the British steamship Vestris that they caused the captain to delay S O S calls focussed attention today on radio messages ob- tained by Federal Attorney Charles H.‘ ‘Tuttle, who is conducting an inquiry | into the disaster. i David Cook, vice president of Sander: son & Son, American agents for Lam: port & Holt, issued this statement: “We had no message from Capt. Carey until after we had asked him what was his trouble. The first we knew of any trouble on the Vestris was about 10:15 day morning (November 12) when shgg’)]eboséy at Station WOR called us up to ask if we had heard the SO S which the Vestris was sending out and which their station was picking up. I im- mediately rang up the Radio Marine Corporation and asked them for details, which they gave me. I then instructed them to send a wireless to Capt. Carey asking him what his trouble was and his reply was the first communication we had from him. United States At- torney Tuttle is wasting his time trying to unearth some message between cnpt: Carey and me before the S-O S was sent out.” . Ship’s Files Subpoenaed. ok Mr. Tuttle has subpoenaed the ra files of merg:lm ships, including the e Lamport & Holt Line, which was the nearest of its ships to the Vestris when she sank. He also has obtained Navy records of all radio messages_concerning the Vestris. The SOS call was sent at 10 o’'clock Jast Monday morning. Charles Vechere, third radio operator of the Vestris, testified last week that a preliminary distress message, saying “We may need assistance,” was sent to all ships about 8 or 9 oclock Monday morning. A similar preliminary distress message, he said, might have been sent even before 8 p.m. Sunday, but later he testified he believed the s%r;te metsase was the only ne of the sen b John Boxil, a negro stoker of the Vestris, who was rescued by the battle- ship Wyoming, w: Dr. Harding Dies | DR. GEORGE HARDING, father of the late President, who died ":da){ in California after suffering a stroke. STROKE IS FATAL T0 DR HARDIG Father of Lale President Dies in California at Age of 85. By the Associated Press. SANTA ANA, Calif,, November 19.— Dr. George Harding, father of the late President Warren G. Harding, died here this morning as the result of a paralytic stroke last Friday. He was 85 years old. Dr. Harding come here two weeks ago from Marion, Ohio, to spend the Winter. Dr. Harding, who had looked forward to a season among some of his old com- rades, Civil War veterans whom he sometimes treated, was unconscious much of the time after the stroke. The paralysis affected his entire right side and his vocal organs. In the few con- scious moments he had after the stroke, he was unable to speak. Mrs. Harding and a daughter, Mrs. Heber Votaw of Washington, were at the bedside, as was Mrs. E. Remsberg, another daughter, as whose home he had been staying. It was announced that funeral serv- ices would be held here and that the vody would be sent to Ohio tomorrow for burial. Lineage Dates Far Back. Dr. George Tryson Harding, father of the late President Warren G. 5 prominent in fraternal affairs, activie ties of the Red Cross and in medical so- cieties, with a lineage that dated back into American history, was born from Norfolk, Va., as sa: Vesiris was unable to reach by radio and so which then notified: ea{n. Carey that it would notify the Voltaire to go to his_assistance. . -Boxil said the officers and crew of the Vestris did not believe that the boat would sink, but thought that she would have to be towed and wished the Voltaire to do in order' to save salvage fees. Session Set for Today. Information obtained by Mr. Tuttle and the possibjlity that witnesses might Jeave his jurisdiction caused him to call a hearing for this afternoon. When the session -erided Saturday an adjournment was taken till Tuesday. Two - nautical ' advisers representing the United States and Great Britain have been designated to assist at the hearings. In ag;dlflon to his effort to fix the guilt for the delay in sending the S O § Mr. Tuttle ut»d;\y !:nd in mind, several other lines of inquiry. He desired to inquire into reports that the Vestris left port damaged notice- ably by & collision in the harbor. While he said, he did not belleve that any nearby vessels equipped with wireless would have failed to respond to the S O S, he intended looking into a re- port that such vessels were within 25 miles at the time of the distress signal and did not answer. He was interested also in denials by survivors of statements attributed to them by the press criticizing the con- duct of Capt. Carey, his officers and the crew. He also planned to inquire into the stowing of the cargo, which some ac- counts said shifted enough to empha- size the fatal list, and into the stories of firemen that a coal port, open when the Vestris sailed, let tons of water into the vessel. Weather Charts Prepared. Complete weather charts for Sunday, the day when it has been testified the real danger began to be apparent, as being prepared 1n view of testimony of ship's officers that the weather was un- usually severe, as contrasted with Capt. Carey’s l?dm deicribmg the sea as “moderately rough.” The inquiry by the Steamboat In- spection Service into the clean bill of health given the ship by their local in- spectors also continues today. The chief officer and the chief en- gineer of the Vestris testified at the Tuttle inquiry Saturday that five leaks were found after the ship put to sea. Several passengers have said the life- boats were in an unserviceable condi- tion. CASUALTIES REPORTED IN CHINESE RIOTING Protest Financing of Railroads in Demonstrators Japanese - Kirin Province. By the Associated Press. LONDON, November 19.—A Reuter dispatch from Nanking, China, today said that there were semi-official re- ports of more than 100 casualties dur- ing suppression of recent popular dem= onstrations in Harbin, Changchun and *Tsitsihar, Manchuria, in favor of hoist- ing the Nationalist flag in the three castern provinces. The capital of the Chinese Republic was stated to be much perturbed by the reports. * message from a Japanese source stated that the object of the demon- strators was to protest against Japanese financing of Chinese railroads in_the province of Kirin. This message added that there were 15 casualties in Harbin alone. Tloyd George Suffers Chill. LONDON, November 19 (#).—David Lloyd George, the Liberal leader, was confined o his home today with a chill. early June 12, 1844, in Morrow County, Ohio. He was the only son of Charles A. and Mary A. (Crawford) Harding, pioneers of that section of the State. s Dr. Harding traced his ancestral record back many generations. Dr. Harding’s paternal grandfather was a first cousin of Jefferson Davis. His| m“; grandmother Crawford was a first cousin of Alexander Stephens, a leading statesman for the Southern cause. Dr. was educated in the rural school at Bloominggrove, the old Ohio Central College, at Iberia, Ohio, and the Cleveland Homeopathic Col- lege. He was graduated from the med- ical school in 1873, following which he practiced at Caledonia until 1882, when HINTED AS SMITH 15 PUT ON TRIAL Court Overrules Counsel’s| Request to Question Jury on This Phase. DETECTIVE DESCRIBES DISCOVERY OF BODY Witnesses Take Stand in Case Against Watchman Accused of Killing Daughter. Franklin Ellsworth Smith, thin, stoop- shouldered and in his 50s, today went on trial for his life before Chief Justice Walter I. McCoy of the District Su- preme Court on a charge of slaying his 19-year-old daughter, Bessie L. Smith, September 26, in his apartment at 1151 | New Jersey avenue. Before they were accepted as jurors, the 12 men finally agreed upon to sit on the case hiad announced to the court they had no scruples against imposition of death penalty. Insanity will be the defense, E. Rus- sell Kelly, Smith’s attorney, intimated to the court when he asked the court to question the jury as to their attitude | on insanity as defense in a first de- gree murder trial. The court overruled the request, but asked the jury if it will be willing to take the law in the ! case from him. Chief Justice McCoy, after the jury had been chosen, announced that “gen- sitive people who would not care to listen, those who will find the testimony in this case sensitive to their-ears, may leave the courtroom.” A confession signed by Smfth and written in the office of the homicide squad the day after the death of his daughter was presented “to the jury early this afternoon. ~This confession gives the sordid details of Smith’s un- natural relations with his daughter covering a period of several years and described in detail how he killed her. The confession was written on the typewriter before several members of the homicide squad and each sheet! bears Smith’s signature. Finds Body on Bed. John C. Steele, 1831 First street, called by the prosecution, told the court he had an engagement to meet Bessie Smith at 10 o'clock at her apartment September 26. He said that he was late and that at about 11 o'clock, when he arrived, he found Smith leaving and locking up the apartment. He said he INSANITY DEFENSE DETECIVEKLLE BATIING PRISONER Two Other Officers Are Shot. Gunman Is Near Death in Baltimore. By the Assoclated Press. BALTIMORE, November 19.—Open- ing fire after he had been arrested and gone peaceably to police headquarters, Henry Peterson, 24, wanted in New York for shooting a policeman, early Sergt. Joseph Carroll, wounded Sergts. Fred Carroll and Elmer O'Grady, and was wounded probably fatally by the officers’ return fire. The shooting took place in the very doors of police headquarters after Peterscn had submitted to arrest by Fred Carroll, who had found him in his room at a lodging house. Carroll said that at the time he went to make the daughter was was in the apartment, but was dead. “I started crying then and followed Mr. Smith down the stairs and out of the apartment house,” Steele said. Steele said he then went to the sec- ond preeinct station and notified police of what Smith had said. Detective Raymond B. Carroll of the second pre- cinct said he went to the New Jersey avenue address and went into the Smith apartment, where he found the Smith girl lying on the bed with a pil- }ow over her face and apparently life- less. Following further testimony on this score, court adjourned for lunchs Outlines Government’s Case. Following the selection of a jury which consumed nearly an hour, dur- he moved to Marion. He built the Star office block, Marion, and occupied an upstairs corner room for more than 40 years. For years he was an active member of the national and State homeopathic societies and of the Round ‘Table Homeopathic Medical Society, in Columbus. Active in G. A. R. Work. He also was conspicuous in national and State G. A. R. circles, serving as surgeon general at one time of the na- tional body of Civil War veterans, In 1864 Dr. Harding was married to Miss Pheobe: Elizabeth Dickerson of Morrow County. She died in 1809 in Marion. To them the following chil- dren were born: Almira and Charles, both of whom died when children; War- ren G. Harding, who was nominated for the presidency of the United States by the Chicago Republican convention in 1920 on his father's birthday, and was elected on his own birthday; Char- ity Harding, who is the wife of E. E. Remsberg of Santa Ana, Calif. Mary Harding who died after teaching for many years in the Staté School for the Blind, at Columbus, Ohio; Miss Abigail V. Harding, a teacher in the Marion public schools; Caroline Harding, wife of the Rev. Heber Votaw; superintend- ent of Federal prisons and for 15 years a missionary in India, and Dr. George Tryon Harding, jr., who conducts a rest Iat;:‘ne and sanitarium, at Worthington, 0. Re-Marries at 77, At the age of 77, Dr. Harding was married again to Miss Alice Stevens. Dr. Harding’s fraternal associations were with the Odd Fellows and Knights of Pythias. He had been supreme commander and supreme medical di- rector of the Order of the Red Cross. Always he was a friend of all religious work, 1denmymt§ himself with the Bap- tist Church, although he often said he was a “liberal” in his theological views. TRANSPORT IN MISHAP. Cambrai Grounds in Nicaraguan Waters, but Frees Herself. MANAGUA, Nicaragua, November 19 (#)—The United States Army trans- port Cambrai went aground 18 miles south of Corinto near Cardon Island yesterday, but succeeded in freeing her- self and was en route to Panama today. Advices from the customs collector at Corinto stated that the Cambrai was not believed to be damaged, but never- theless would go into dry dock. She is i—"mn'c?‘s'c'fi from New York to San U. S. CONSULATE ENTERED Contents of Desks Found Scattered. Money Is Untouched. BELGRADE, Jugoslavia, November 19 (#).—Entrance was forced into the United States consulate offices at Za- greb during the night. The rooms were found to be in confusion today, with the contents of desks scattered about. ing which time the defense used nine of its allotted 12 challenges to the prose- cution’s seven, William H, Collins, sistant United States attorney prose: cuting the case, presented a brief open- ing statement of the Government’s case. Collins told the jury the Government would present evidence showing that Smith, on the day of the alleged mur- der returned from his work as night watchman of the National Metropolitan Bank about 8:30 o’clock in the morning and engaged in an argument with his daughter about the preparation of breakfast for him During this argu- ment, Collins told the jury, the girl's younger brother, William Smith, 13, left the apartment to go to school. He further stated that it was in this argu- ment that Smith attacked his daughter. threw her on a bed and strangled her. He stated the Government would at- tempt to prove premeditation. He said the Government would present evidence that Smith, after his daughter had ceased, moving while his hand was stil! about hér throat, procured a mirror and held it before the girl'’s mouth to ascertain whether she was dead. He said that he would show that Smith found on the mirror a cloud of mois- ture and, placing one hand over her nose and the other over her mouth, cut off her breathing until he was satisfied that life had left the body. Brother Identifies Body. The first witness called by the prose- cution was Newton Smith, 25, son of the defendant, who testified he had identified & body at the District Morgue as that of his sister. William Estes, assistant morgue master, testified that upon Newton Smith’s identification, he had in turn identified the body to Dr. Joseph D. Rogers, deputy coroner. Dr. Rogers was then called to the stand and he testified that in the autopsy he determined the girl's death was due to strangulation and suffoca- tion. William Smith then was called to the stand and he testified he had heard his father and sister arguing the morn- ing of the girl's death. The Smith jury consists ‘of Charles Abbate, 1016 Pennsylvania avenue southeast; Benjamin F. Bailey, 1121}, Four-and-a-half street southwest; Ed- ward Barton, 1803 K street; Millard T. Rhodes, 6304 Fifth street; Herbert Kidd, 508 Thirteenth street southeast; Malcolm Reintzell, 1835 North Capitol street; Harry Seldman, 5100 Conduit road; Peter Glascoe, 1801 Eighth street; John J. Graff, 532 Eleventh street southeast; Charles C. Hall, 820 Dela- field place; Richard H. Moulton, 1714 Irving street; Ernest B. Olsen, 627 Eighth street northeast. MELLON SENDS REGRETS. Is Unable to Attend Conference of Bituminous Coal Group. PITTSBURGH, November 19 (#).—A letter from Secretary of the Treasury Andrew W. Mellon expressing his regret that he could not be present at the sessions was read today at the second International Conference on Bituminous In his letter the Treasury Sec- Money in the drawer was not touched. It was thought that the intruders were trying to get possession of the He has canceled all engagements for slae next few days. consulate seals to fabricate false pass- poris, Coal. retary sald that solution of the prob- lems confronting the coal industry might be effected by an “interchange arrest, in response to a call by the lodg- ing house clerk, he did not know for what Peterson was wanted. The latter agreed to accompany him to the police station, and as they reached the front of the headquarters building, broke away and opened fire. Three Officers Open Fire. Joseph Carroll, who with O'Grady had been looking out a window of headquarters, saw the move and, draw- ing their guns, they rushed to the street where Fred Carroll had already drawn his own revolver after Peterson’s first shot and had lopped off a piece of his ear. All three officers opened fire on the gunman, and he emptied his pistol in return. Joseph Carroll was struck in the arm, the bullet being deflected and passing close to his heart, and O'Grady was shot in the leg. At the Mercy Has‘pflal Joseph Carroll died a few minutes after having been Elaced on an operating table. Peterson ad seven wounds, and physicians said that there was little chance for his re- covery. Neither Fred Carroll nor O'Grady was seriously hurt. ‘Wanted in Brooklyn. Peterson was wanted for the shoot- ing of Patrolman George B. Wilson aft- er the robbery of a grocery store in Brooklyn last Tuesday night. The lodging house clerk, having had a de- scription of the man, called police when he appeared at the hostelry last night. Peterson told police that he came to the United States a short time ago from Denmark, having worked his way over on a steamship. In his pockets $270 in cash was found. WANTED BY BROOKLYN POLICE. Baltimore Gunman JIs Accused of Shooting Policeman. NEW YORK, November 19 (#).— Henry Peterson, who was critically wounded last night in a pistol fight with three Baltimore detectives, is wanted by Brooklyn police on a charge of shoot- ing Patrolman George B. Wilson of Brooklyn after the robbery of a grocery store last Tuesday night. Patrolman Wilson is a patient in a Brooklyn hospital suffering from four bullet wounds. His condition was said to be critical. As the robber was leaving the grocery store Wilson jumped on the running board of an automobile and gave chase. In the pistol battle that followed the policeman was shot four times. At the hospital he fold his superiors that he believed he wounded the robber, who escaped. Police said Peterson, whom _they charged with the robbery and shoot- ing, also was known as Christian Peter- son and as John Spurling. . AIRPORT LIGHTED BY WAIL OF SIREN Sound Waves Transmitted From Plane Serve to Light Up Field. By the Associated Press. PITTSBURGH, November 19.—Dem- onstration of a siren, sounded on an airplane in flight, turning on flood lights at an airport, was made at Bettis Field here yesterday by engineers of the Westinghouse Electric & Manufac- turing Co., who said the device would gn?ouhmdly prove a great aid to night lying. Sound waves from the siren, which is operated by a wind motor and turned on or off at the will of the aviator, are picked up on the ground by an elec- trical “ear” and transmitted to an ap- paratus that turns on the flood lights, the engineers explained. Experiments with the device were started more than a year ago. At first sound waves from the motor were de- pended upon to operate the ground ap- aratus. This was found unsatisfactory, owever, and the siren was substituted. this morning shot and killed Detective | .:{wmuu” on the part of the experts Radio Programs—l’age 27j REPRESENTATIVE WILLIAM A. OLDFIELD. _ DEMOCRATIC ‘WHIP OLDFIELD S DEAD Representative . From Okla- homa Dies Following Oper- ation-on Gall Bladder. Representative Willlam A. Oldfield, Democratic whip of the House, died at Emergency Hospital early this afternoon following an operation for gall bladder trouble Saturday. ‘War Party Leader. Representative Oldfield was complet- ing 20 years of continuous congressional service, after distinguished military serv- ice during the war with Spain. For eight years he was Democratic whip of the House and for four years has been chairman of the congressional cam- paign committee. He was born near Franklin, Izard County, Ark., February 4, 1874. He was educated in the common schools of the county and in Arkansas College, at Batesville, where he has maintained his home for many years. He was gradu- ated with the degree of A. B. in 1896. He was a lawyer by profession and was elected prosecuting attorney in Sep- ;e:nber. 1902, and re-elected two years ater. Enlisted as a Private. When war broke out between the United States and Spain in 1898, Mr. Oldfield enlisted in Company M, 2d Regiment, Ankansas Infantry, as a private. He was promoted to first ser- geant of the same company and later to first lieutenant. He was mustered out with that rank in March, 1899. On account of his good fellowship and popularity he was selected by the Demo- crats in the National House of Repre-; sentatives to serve in the important office of whip. The good record he made in such activities caused him to be the unanimous choice for chairman of the Democratic congressional committee four years ago. o SCHOBER MAY COME HERE. Vienna Report Says He Is Consid- ered as Minister. 'VIENNA, Austria. November 19 (#).— The Morgen Zeitung today published a report that appointment of Hans Schober, head o}l police, as Austrian Minister to Wash- ington, was “being discussed with-great earnestness in competent government circles.” ‘The newspaper added that Herr Schober, who is president of the Austro- American Cultural Society, would prob- ably have a better chance of obtaining a loan from the United States than any other citizen who might represent this country at Washington. the Austrian national | she KLANSMIAN LOSES FIGHT ON STATUTE REQUIRING RECORDS Supreme Court Upholds Law That Organization Must Give State Data. DECISION BRISTLES WITH CRITICISM OF ORDER KIDNAPING GHARGE BLOCKS ELOPEMENT Young Man, 16-Year-0ld Girl and Couple, Accused as Aides, Held Here. Plans of a young Maryland couple to elope to Alexandria went astray when Hyattsville police arrested the husband- to-be on a charge of kidnaping last night, and took the 16-year-old pros- | pective bride into custody at 1:45 am. | this morning in a Northeast Washing- ton tourists’ home on a warrant charg- ing her with being a fugitive' from justice. Before police had finished their in- vestigation they had also arrested a young married couple in Hyattsville on charges of aiding and abetting the al- leged kidnaping. The girl being held at the House of Detention for Maryland authorities is Miss Elvira Ann Perkins of Riverdale, Md. She is a sophomore at Business High School. The man she says she planned to marry, and who is charged with kidnaping her, is Edwin Carroll, 19 years old, ‘of Hyattsville, Mr. and Mrs. Louis E. Barr, friends of Carroll, are said to nave kept the girl in their home Sunday afternoon and to have ac- companied Carroll when he took h ‘Washington. g Three Are Arraigned. Carroll and Mr. and Mrs. Barr were arraigned before Justice of the Peace H. J. Moffatt this morning and were re- leased under $100 bond each for a pre- liminary hearing Wednesday. The girl's mother said she missed her daughter about 7 o'clock Sunday morn- ing and started out to search for her. Mrs. Perkins said she walked all day from house to house where she thought her daughter might be until late after~ noon, when she heard Elvira had been seen at the Barr home. She went to the house, she said, but was told her daughter had not been there. After his arrest, Barr told police the girl heard her mother coming and hid in a closet, not five feet from the spot Where Mrs. Perkins stood, and stayed there until she had gone. Elvira's :::“Hl‘) :VB]\‘( lylgg kr.m & bed in the m, but Mrs. Perkins was so’ exi she failed to notice it. o Asks for Police Aid. Mrs. Perkins, however, was nol isfled with the story told by the tmnb- and she went to Chief of Police C. M. Blanchard for assistance. They went back together about 8 o'clock, but thnd t.hethrrrs uglone out. search of the house resulted tflhr‘e’lr gndmge ::]vim’s ;lothing xclttergdl und a room, but the not in the building. i Pk Chief Blanchard waited in front of the house until Mr. and Mrs. Barr re- turned with Carroll at 11 o’clock, when he placed all three under arrest. After lengthy questioning he learned that the girl had been taken to a tourist's home in Washington. Leaving the married couple and Carroll with his deputies, Blanchard went to the address given, where, assisted by headquarters detec- tives he located the missing girl and took her to the House of Detention. Elvira told police she went to the Barrs’ home of her own accord and met Carroll there. She and Carroll planned to be married in Alexandria this morning, she sald, but she did not want her parents to know of it because she knew they would object. She sald she had been going with Carroll for two weeks, but that he had never bee:. to_her house, always meeting her out- side when they had an engagement. She admitted hiding in the closet when saw her mother coming up the front steps. T e MR Slav Rulers Back From Visit, BELGRADE, Jugoslavia, November 19 (A).—King Alexander and Queen Marie of Jugoslavia, who have been vis- iting in Paris, arrived at Belgrade at noon today. They were greeted at the station by Prince Paul, Princess Olga and Premier Koroshetz. Honest A For the protection of dvertising its readers and advertisers The Star, for years, has carefully censored all adver- tising submitted for publication and barred false and misleading statements. Readers are requested Groups, Pointed Out in Lower Courts, Quoted. By the Associated Press. In an opinion delivered by Justice Van Devanter and bristling with criti- cism of the Ku Klux Klan, the United States Supreme Court today upheld a New York law requiring unincorporated associations requiring an oathasa con- dition of membership to file detailed information with the Secretary of State, The decision, with which Justice Mc- Reynolds disagreed, was rendered in a | case brought by George W. Bryant, a member of the Klan, who was convicted at Buffalo following failure of the or- HOOVER AND PARTY ARE READY 10 SAIL O GOOD-WILL TRIP President-Elect Arrives at San Pedro for Latin American Tour. DEMONSTRATION AT TRAIN STAGED BY COMMUNISTS Difference Between It and Othert Only Discordant Note in Otherwise Warm Farewell Given En Route to Port. BY REX COLLIER, Staff Correspondent of The Star. SAN PEDRO, Calif., November 19.— Beginning a new and colorful chapter in the history of American diplomacy, President-elect Herbert Hoover arrived here today to embark at once on his unprecedented pan-American pilgrim- age of good will. The roar of guns in presidential sa~ lute was to greet Uncle Sam's ambassa~ dor extraordinary to Central and South America as he goes aboard the huge hulk of turreted steel that is the battle= ganization to submit such a report to the secretary of New York State. Bryant had attacked the law as an unconsti- tutional lllnmngement upon his rights and privileges. Jus‘:lce \?an Devanter said the court assumed that the New York Legislature had before it such information as was “readily available, including the pub- lished report of a hearing before a committee of the House of Repre- sentatives of the Fifty-seventh Con- gress relating to the formation, pur- poses and activities of the Ku Klux Klan.” Cites Main Contention. Justice Van Devanter said the main contention made under the equal pro- tection clause was that the statute dis- criminated against the Klan and other associations in that it excepted from its requirements several associations having oathbound membership such as labor unions, the Masonic fraternity, the In- dependent Order of Odd Fellows, the Grand Order of the Republic, and the Knights of Columbus—all named in an- other statute which provides for their incorporation® and requires the names of their officers as elected from time to time to be reported to the secretary of State. The justice then reviewed a number of decisions by lower courts and said in one case the court in discussing the difference between associations said that it was a “matter of common know- ledge” that the Klan “functions largely at night, its. members disguised by hoods and ms and doing things cal- culated 40 terror-into the minds of the people.” “If so it was advised—putting aside (Continued on Page 2, Column 4.). STEWART | DECRIES PROBERS' QUERIES Tells Court Questions He Re- fused to Answer Were Improper. By the Associated Press. Robert W. Stewart, chairman of the Standard Oil Co. of Indiana, took the stand in his own defense today in Dis- trict of Columbia Supreme Court, at his trial on perjury charges arising from testimony before the Senate Teapot Dome committee. ‘Testifying in the wake of several char- acter witnesses, Stewart, under question- ing by his chief of counsel, Frank J. Hogan, described his appearances be- fore the Senate committee. He said that last February 2 and 3 he testified Ithat he had never personally received any Liberty bonds of the Continental Trading Co., Limited, of Canada, which the committee was seeking to trace, and that he “never made a dollar” out of the Continental's famous purchase and sale of Humphries Oil. Explains His Silence. Stewart declared that at that time he was under subpoena as a witness in a criminal case involving the Continental and that in his opinion, some of the questions asked him by the commit- tee were not properly subject to inquiry by the committee. These, he said, he had refused to answer. 1 Stewart criticized the official record of his committee appearances and declared that a question in the transcript of the Senate proceedings which form the basis of one count in the perjury indictment had not actually been asked of him. ‘This question was as follows: “Have you had any conversation or knowledge leading you to believe any organization, political or otherwise, was the recipient of any of these bonds?” The transcript says that this question was asked by Senator Nye of North Dakota, xam: that Stewart replied: “No, sir.” Tells of Later Testimony. Stewart then told of a later appear- participant in profits of the Continental, he created a trust under which the bonds were held for the Standard Oil of Indiana or the Sinclair Crude Oil Purchasing Cg., the latter eventually receiving them. In the creation and disposition of the trust fund, Stewart said he acted as a “messenger boy,” delivering the bonds to the trustee in unopened packages as received from H. M. Osler, president to assist The Star in pro- tecting the public and all legitimate advertisers by bringing to the attention of the paper any statements that they might find to be untrue or misleading in any advertisement at any time. N g of the Continental. The value of these bonds, he said, was $759,500. Questioned by Rover. Cross-examining, United States At- torney Leo A. Rover read questions from the Senate committee transeript and asked Stewart if they had been cor- these was: ance before the committee, at which he | Ak: having been ship Mary'and. While yet the smoke from spitting naval guns billows upward, and echoes reverberate from the 21-gun salvos, the proud flagship of the Pacific Fleet will weigh anchor and put to sea. The de- parture was scheduled to occur as soon as the two-score members of the party are settled aboardship. Small Communist Demonstration. The enthusiastic din of the President-~ elect’s last hours on shore drownedeg&t echoes of the single note of discord sounded last night as his train pulled out of Palo Alto. The inharmonious strain was a Communist demonstration staged by half a dozen young men and Wwomen, bearing placards denouncing ‘American imperialism” and advising Mr. Hoover to “stay out of Nicaragua,” The formidable, but peace-seeking, man-o-war was to carry the good-will mission down the west coast of South America as far as Valparaiso, Chile, wiere the party will disembark, cross the Andes and board another battleship, the Utah, at an Atlantic seaport— prz];:m!;&ly Buenos Aires. expected that virtually e Central and South American mfifi will be included eventually in the in- definite jtinerary, in addition to Mex- ico and Cuba. ‘Not until early in the New Year will the Utah back into American waters, to discharge her distinguished passengers at either Key t or Miami, Fla. Some 15,000 miles ve been covered by that time. The Presider . ’oblbly . ‘nt-elect - fer his return to thgernhnnl wc‘Epg-:l until a few days before March 4, how- ever, as he plans to spend the inter- vening time in restful seclusion in Flor~ ida. There he will fish and, withal, muse upon the present problems of :ta‘;e cchuenfi'onu.ng him—from _cabinet nd other appointments to the new fldn}:lmlstranom PO e . Hoover's perso; there were to be no Bfmm""}u'fi“fifi dock, beyond the not-to-be-forgotten booming of guns of the fleet. He could gg: ‘clll-lec‘;,) :‘e‘:lwev"}r;he informalities a son hls‘\hon;le 5:‘13]1 - m the people of school holiday has here and at other pyhces nbl:xex: ‘gc rlfurle'g f his train ride from Palo Alto, and throngs of children shouted their bon :gy:ge:fl;nfl good-bys as he prepared Train Halted for Children. Just outside of Los Angeles, at the town of Wilmington, his train halted to permit him to wave acknowledgment to the vociferous cheers of a crowd of school children, dismissed from classes for the occasion. Other crowds, a large percentage of them children, also greet- ed the President-elect and the laughing, nodding First-Lady-to-be upon the ar- rival here this morning of their ial finm{; o; tsl;e Sunset Limited. The 00ls of n Pedro also been closed for the day. o Mr. and Mrs. Hoover waved their ap- preciation from the rear platform of their private car, Sunset, which had carried them on the overnight journey from their home town to the North. The salutes of the vessels in the of Los Angeles were to be returned by the giant, deep-throated guns of the Maryland. An admiral's barge was tied up at the Fifth street dock, ready to take Mr. and Mrs. Hoover to the battle~ ship. A number of captains’ gigs also Were on hand to convey the other mem- bers of the party to the ship. Admiral Prait, commanding the Pacific fleet, will ixcodrt Mx;l. m‘r’l h‘(hrs. Hoover to the Mary- and_an em farewel behalf of the Navy. i Fletcher Precedes Party. Personal representatives of Presi Coolidge for the trip, Ambassador szne:: P. Fletcher, had preceded the Hoover party to San Pedro. He arrived here yesterday and spent the night on the battleship California. This afternoon, at sea, Ambassador Fletcher was to as- :|rst Mr. Hoover in completing his itin- ary. Capt. Victor Kimerly, in command of the Maryland, will give the signal to weigh anchor as soon as possible after all are on board. It was thought they wouid get under way about 11 o’clock, Pacific_time. party, in addition to dor M;n ttée Bzficlnl AN . Hoover and Ambassa Fletcher, are Allan Hoover, younger son; Jonu Griffin Mott, Los Angeles attorney and close friend of the Hoovers; George Barr Baker, another friend and adviser; dr. A. T. Beauregard, naval aide & fluent Spanish linguist; George E. erson, secretary to the Przailx:nt- elect; Willlam J. McEvoy, Akerson’s as- sistant; Prank Kaye, Mr. Hoover's per- sonal é&:&mbhu for the trip, and Miss Fesler, ;3 Hmmver. secretary to Mrs, re are a score of ne - respondents and oty photo ho?nnmhun wl ve o to make room for the p-ny.om Demonstration Is Surprise.