Evening Star Newspaper, January 5, 1929, Page 1

WI (U. 8. Weather Rain tonight and tomorrow morning; lowest temperature about 35 degrees; . much colder tomorrow night. Temperatures: Highest, 43, at 3:45 p.m. yesterday: lo today. Full report o THE Bureau Forecast.) west, 28, at 6 am. n page 3. Closing N. Y. Markets, Pages 12 and 13 ch ¢ Foeni WITH SUNDAY MORNING EDITION o Star. Entered - post office, No. 30,930. s matter D G WASHINGTON, D. C, SATURDAY, Jf\Nl,'ARY . 3 ]!}'_.’}J—T\\'ENTY—SIX PAGES. * (#) Means Associated Press. “From Press to Home Within the Hour” The Star’s carrier system covers every city block and the regular edi- tion is delivered to Washington homes as fast as the papers are printed. Yesterday’s Circulation, 106,947 TWO CENTS. ENDURANCE PLANE . BEGINS FIFTH DAY OF REFUELING HOP Question Mark in “Excellent Condition” After 96 Hours in Air. 6,500 MILES COVERED IN CIRCUITOUS FLIGHT Limit of Time Aloft Seems to De- pend on Lasting Qualities of Crew and Motors. By the Associated Press. METROPOLITAN AIRPORT, LOS ANGELES, January 5.—The monoplane Question Mark kept on grinding out aviation history today as its endurance flight continued for the fifth day. Completing its ninety-sixth hour in the air at 7:26 am., the Army mono- plane began to get within striking dis- tance of the endurance record of 118 hours, established by the French dirigi- ble Dixmude. The feat of keeping an airplane up long enough to break the endurance record of a lighter-than-air machine—an idea which heretofore has been considered fantastic—thus ap- peared within reach. The Question Mark took on 150 gal- lons of gasoline at 7 am. in a contact with refueling plane No. 1 and then was reported to be in excellent con-| dition. Refueling plane No. 2 took the air shortly afterward to deliver breakfast, oil and mail to the endurance plane’s crew. Sullen clouds swirled above the air- port here this morning as the sun tried to break through and warm the chill of the ocean breeze. Despite the slightly unfavorable weather, Maj. Carl Spatz, conmanding officer of the ship, gave no indication that he would turn southward in scarch of a warmer clime. Men Versus Motors. Cruising serenely onward into un- charted time spaces of the air, the Question. Mark today groped for the answer to the question of how close man and man-made contrivances can approach the birds in sustained flight. Becoming in reality a question mark of the skies as it soared toward dirigi- ble records, after dropping all existing airplane endurance records from the air, the tri-motored Fokker still held back the unlimited 1 t. aving firmly tested its wings in overcoming extremely troublesome wea- ther, motor -and fuel problems, the Question Mark, at 2:26 a.m. today, passed its ninety-first hour in the air. It then had si rted its conquering crew of five aloft for more than a full day longer than man ever flew before in an airplage. At dawn tomorrow morning, if the thus far smoothly functioning 225- horsepower motors continue their un- interrupted droning, the Question Mark will have eclipsed all existing lighter- than-air endurance records and will then become supreme in the air. The dirigible endurance record of 118 | hours, made several years ago by the| French-owned Dixmude, will be passed at 5:26 am. Sunday morning. Sev- cral hours earlier the crew will have claimed the record of 111 hours 46 minutes made by the Graf Zeppelin in its recént flight to America. Mileage Put at 6,500, lthough not designed as a distance flight, the Army's air blazer at the pres- ent time has opened new vistas of dis- tance to aviation, it being estimated the ship has covered well over 6,500 miles, which, if in a beeline eastward, would have carried it far out over the European continent. Barring adverse flying conditions that | would prevent refueling of the ship, its builders and Army sponsors believe the plane can fly for 300 hours, which, if in straight line flight, would nearly girdle the globe. The plane was functioning smoothly over this airport at midnight today, when refueling plane No. 1 transferred a load of 200 gallons of gasoline in a seven-minute contact at an altitude of 2750 feet. The operation was the fourth successful night refueling con- tact made since the ship left this air- port at 7:26 a.m. January 1 under orders to remain up as long as the motors ran. : ‘The transfer seemed to assure a flight Jasting at least until daylight, as the ship apparently now has put behind it bumpy air, cloud and fog banks of two days ago which threatened life of the flight. During the past 24 hours Maj. Carl Spatz, in command, has shown a grow- ing tendency to hoid the plane close to this port, so that in the event it is forced down the crew would not he robbed of official credit for breaking all previous airplane world endurance Tecords. Landing Regulations. International aeronautics regulations | £pecify a ship must land where it took off to gain official recognition for a 1ecord-breaking performance. The ship returned here yesterday from the Imperial Valley. to which drear territory it was driven Thursday when fogs obscured vision along the coast and i nearly caused a shortage of fuel. The first official observation of the motors was made yesterday afternoon by W. E. Thomas, expert for the build- ers, the Wright Aeronautical Corpora- tion. Going up to 3,000 feet elev: he flew for 30 minutes beside the ship and reported: “The engines are functioning nor- mally and appeared just as efficient as at the start of the flight. The log re- ports reveal satisfactory performance, which these engines would give for 400 or more hours under normal condi- tions.” Maj. Spatz_appeared happy and cheerful, but Capt. Ira C. Eaker, chief pilot, who has developed a slight cold, was said to look haggard. Log reports dropped here have stated all the men are well, though some were reported fatigued, despite the opportunity to sleep when off duty. Other members of the crew are Lieuts. Harry A. Halverson and Eiwood R. Quesada, relief pilots, and Sergt. R. W. Hooe, mechanician, who is equipped to %0 out on the wings to make motor re- pairs when needed, but whose principal duties thus far have been the more prosaic work of pumping gasoline from fuselage to wing tanks. changing oil and making minor motor adjustments ‘within the -cobin. ¥ By the Ass Tex Rickard \ % of whether, given | morning, but his\condition still is erit- "D?h'm or ”» motors would crack first in continuous llm' S & e Question Mark Log Reflects Emotions Of Men in Air Epic Endurance Flyers Record Near Crisis and Tell of “Bumpy Atmosphere.” By the Associated Press. METROPOLITAN AIRPORT, Los Angeles, January 5.—An epic of the air unfolds in the log of the Question Mark, two days’ entries of which were drop- ped here during daylight hours yes- terday. The real story of the experiences, trials, emotions and observations of men who have lived for nearly four days in the air, is told in the notes which record the threat of ‘a ecrisis aboard and the way in which it was met. The jubilation of the crew when 211 previous airplane endurance records were shat- tered is indelibly told by the fiyers themselves. The log, an integral part of the per- manent record which will be preserved by the Army Air Corps, follows, in part: Just before leaving Los Angeles Thursday morning because of the fog rolling in, Maj. Carl Spatz, commanding officer, wrote the bumps during the morning refueling here “were severe enough to cause a difference of dis- tance between the two airplanes of 20 to 30 feet in a fraction of a second. The piloting of both men, Capt. Ira Eaker in the Question Mark and Lieut. Odas Moon in the refueling plane, was superb.” “Arrived Rockwell Field 11 am,” the log continued. “Field covered with clouds. In urgent need of gasoline. Just a few gallons left. Saw refueling plane take off. Climbed back through clouds, crew took position. Contacts made at 11:40 am. and 11:50 am. 150 gallons gas and storage battery transferred. ¥ * * Rockwell Field showed keen judgment in picking us up promptly and getting fuel to us just as we were about to use up our last few gallons.” Eaker’s Throat Sore. At 2 pm. Thursday Lieut. Elwood Quesada, relief pilot, wrote: “Capt. Eaker has slight sore throat; painted it and also gargled a solution, otherwise he feels 0. k.” At 3 p.m. Quesada wrote: “We are now in Imperial Valley. Oh, boy, what (Continued on Page 5, Column 3.) RICKARD BETTER, BUT GRAVELY ILL Promoter, in Critical Condition, Asks in Vain for Jack Dempsey. 2 inted Press. CH, Fla, January 5.— “slightly better this MIAMI ore 9 a.m. today by Dr. E. H. Adkins, the physician who operated on the New York promoter last Tuesday for acute gangrenous appendicitis. “Mr. Rickard is slightly better this morning, but his condition is still crit- ical,” it said. “The inflammation has subsided slightly. This morning his pulse was 128. Last night it was 146.” His temperature this morning was 102.4. Last night it was 104. “A definite change for better or worse will probably take place within the next 10 hours,” Dr. Adkins said earlier this morning. Jack Dempsey said today at Miami he was gravely concerned over the con- dition of his friend. Dempsey arrived yesterday, with a party of friends, and immediately called the hospital. He was told then and again when he called this morning that Rickard’s condition was too serious to permit any one to visit him. He said he would visit the promoter as soon as physicians would allow it, and that until then he would make no plans. ‘Walter Fields, intimate friend of the promoter, who relieved Mrs. Rickard at the bedside early today, said Tex had a restful sleep near daybreak and upon awakening remarked that he “felt better than at any time since the operation.” Fields told Tex that Jack Démpsey had arrived during the night. Rickard expressed a desire to see him imme- diately and was disappointed when he was told the doctors would not allow Jack to call today. Mrs. Rickard, who has been at her husband’s bedside almost constantly since the operation, was worn by the ordeal. She left the hospital reluctant- 1y this morning at the insistence of at- tendants that she get some much-need- ed rest. She refused to leave until Dr. Adkins had assured her that her hus- band’s condition showed improvement. S. PARKER GILBERT ARRIVES IN CAPITAL Reparations Leader and Mrs. Gil- bert Are House Guests of Secretary Mellon. S. Parker Gilbert, agent general for reparations, whose annual report has stirred up great difference of opinion among European powers, arrived in ‘Washington today on his annual visit to confer with Secretary of the Treasury Mellon and other leaders in the nation’s finances. Mr. Gilbert and his wife are the house guests of Secretary Mellon. It is not known how long they will remain in Washington, bhut his visit to the United States this time, it is known, will be briefer than usual. Arrangements were being made today for a temporary office for Mr. Gilbert in the Treasury Department, where he formerly served as Undersecretary. BYRD SEEKS DOGS. Hurry Call Sent to Pacific North- west for 25 Malamutes. SEATTLE, Wash., January 5 (#).—A search of the Pacific Northwest for 25 Malamutes and a driver to join Comdr. Richard E. Byrd’s Antarctic Expedition was startzd here today by Ralph Lomen of the Lomen Reindeer Co. As the dogs are wanted in Dunedin, New Zealand, by February 7, there is not time to send to Alaska or the Yukon territory for trained sled dogs. A telegram from Coidr. Byrd's New York manager requesting Lomen to act did not explain why the dogs were needed. The huskies are to be taken by the steamer Eleanor Bolling from Dunedin to the great barrier ongwhich Byrd is -making its headgual HOOVER 10 LAND AT HAMPTON ROADS EARLY TOMORROW President-Elect Anxious to Reach Capital to Choose Cabinet. EAGER TO CARRY OUT WEST INDIES TOUR PLAN Wants to See Marines’ Work in Haiti—May Not Be Able to Go to Texas. By the Associated Press. U. S. S. UTAH, EN ROUTE TO HAMPTON ROADS, January 5.—Her- bert Hoover faced this, his last, day at sca, anxious to get to Washington to tackle the next big job ahead—that of selecting his official family. He plans to start right in with a series of confer- ences with party leaders over the coun- try, and especially those men who were foremost in his counsels during the campaign. He is hopeful that he can get through in a week in order to be able to go to Florida for recreation and fishing, with perhaps later a whirlwind tour of the West Indies, including Cuba, Haiti, Santo Domingo and Porto Rico. The last few days at sea have not been altogether to Mr. Hoover's liking, as the Utah encountered a couple of squalls with stiff winds and choppy seas, with more rough water in pros- pect for today as the ship nears Cape Hatteras. May Beat Schedule. Despite somewhat unfavorable weath- er, the Utah is still making good time and will probably arrive at Hampton Roads Sunday an hour or two head of the scheduled time, 8 2.m., unless fog 15 encountered off the Virginia coast. It was announced today that the Utah's high frequency radio set, which operated so successfully and efliciently in transmitting to Arlington thousands of words in press dispatches, will be shipped to the U. S. S. Pittsburgh in Asiatic waters. With its installation, the Pittsburgh will be able to communi- cate direct with Arlington in handling both official and commercial messages. As a memento of the homeward trip, Mr. and Mrs. Hoover today received a pair of brass candlesticks and brass bonbon trays designed and made in the ship’s shop. The presentation was with- out ceremony, Capt. Train handing the xu;t; to Mr. and Mrs. Hoover in their suite. Photograph Presented,. g Mr. Hoover today gave the Utah® ‘Wardroom officers an autographed photograph of himself. The K‘lmm- graph was framed and placed the wardroom along with those of former President Taft and the late President Harding, who once was a guest on this vessel. The photograph bears this in- scription: “To wardroom officers, U. 8. S. Utah, with kind regards of Herbert, Hoover.” 3 The President-elect will commence his' conferences on his cabinet selections and other matters facing his adminis- tration in the National Capital on Mon- day, and after their conclusion he plans’ to go to Florida for a week or 10 days’ rest. The West Indies tour probably would require less than three weeks. Mr. Hoover particularly desires to visit Cuba. He also is anxious to get a_first-hand observation of what the American marines are doing in Haiti and to ascertain how Santo Domingo has progressed since the termination of the American occupation several years ago. g‘The President-elect wishes to visit Porto Rico as one of the most impor- tant American insular possessions. Under present plans for the pro- posed trip Mr. Hoover would stop at Havana, Port au Prince, Santo Do- mingo City, San Juan and, if the Vir- gin Islands are included in the tour, at St. Thomas. Although Mr. Hoover has received a number of invitations to visit Texas he probably will be unable to accept them before his inauguration. . $38,000 DELINQUENT TAXES COLLECTED] Arlington County Clerk in Ann\;al Report Shows Capitation, Land and Personal. Special Dispatch to The Star. CLARENDON, Va. January 5.—De- linquent capitation, land and personal taxes totaling approximately $38,000 were collected during the past year, ac- cording to the annual report of Wil- liam E. Duncan, county clerk, made public last night. Land taxes collected amounted to $37,881.06, of which $34,012.03 went to the county and $3,879.03 went to the State. Delinquent capitation taxes amounted to $305.94, and personal, $75.87. > ‘There were 5,415 deeds recorded dur- ing the year, according to the report, involving a State tax totalng $17,- 816.74. Revenue resulting from the fil- ing of wills and administrations amounted to $634.90. Taxes of $424.40 were collected on 221 actions at law and $367.50 on 245 chancery suits. Fines for prohibition law violations amounted to $4,613, and ‘the costs to $8,008.75. A total of $1,121.75 in fines and $1,212.50 in costs were collected for other offenses. OHIO TREASURER FACES BRIBE HEARING TODAY Also Accused Under Dry Act and of Attempt to Defraud U. S. Two Others Named. By the Associated Press. COLUMBUS, Ohio, January 5.—State Treasurer Bert B. Buckley, Dayton, and two Cincinnati men were to appear be- fore Judge Benson W. Hough today to plead to indictments charging con- spiracy to violate the national prohi- bition act, attempted bribery and an attempt to defraud the Government. Buckley hes indicated he will deny the charges. The other defendants are John L. Scrimper, attorney and former State legislator, and Joseph Sperber, brew- master of the Jackson Brewing Co., Cincinnath COOLIDGE NAMES LEO A. ROVER FOR U. S. ATTORNEY VACANCY Former Assistant Nominated for Post Once Held by Peyton L. Gordon. John W. Fihelly Will Be Ad- vanced to Post His Chief Once Held. President Coolidge today appointed Leo A. Rover United States Attorney for the District of Columbia to succeed | Peyton L. Gordon, whom he elevated to the Supreme Court of the District last Winter. Mr. Rover, who was principal assistant to Judge Gordon when the latter was| United States Attorney, was appointed | by the court last April 3 to be United | States Attorney until the President made a permanent appointment. The President sent Mr. Rover’s nom- ination to the Senate today. According to advices at the White House as re-\ ceived . today, Mr. Rover’s nomination will be confirmed. Mr. Rover’s former position as prin- cipal assistant to the United States a torney is now held by John W. Fihelly. Mr. Rover’s nomination did not come as a surprise at this time, as it had been generally supposed that the Presi- LEO A. ROVER. dent would appeint him to the position. Moreover, Mr. Rover has during the time he has been fillf this place, demonstrated to the satisfaction of the Department of Justice that he has ample qualifications for the office. According to White House authori- ties he especially distinguished himself “(Continued on Page 2, Column 2.) TWO GET 2 YEARS EACH N HOLD-UP Cauple Had Kidnaped Garage Employe Here and ‘Stolen Auto. James Walton, 26 years old, and ‘William J. Carter, 21, confessed bandits, today were sentenced to 25 years each in the penitentiary, as the aftermath of a hold-up and kidnaping here on the night of September 17, in which a haberdasher was their first victim, and their second, a colored garage worker, whom they chloroformed and imprison- ed in the rumble seat of an automobile which they stole to make their getaway. The men were escaped convicts at the time, and in passing sentence today, Chief Justice McCoy, in Criminal Divi- sion 1, of District Supreme Court, directed that a notation be made on the jacket in the case that he is opposed to granting any parole to the men, in the interest of society. Because he probably will have retired before the application for parole is made, the Chief Justice took this action. ‘The men entered the haberdashery of James H. Chambers, at 1110 Con- necticut avenue, about 9 o'clock last night, robbed him at the point of a pistol, then left him trussed in his es- tablishment. Going then to the nearby Stoneleigh garage, where Walter Dunn, 18, tolored, was washing an expensive roadster belonging to J. E. Hayes of 1726 Masachusetts avenue, they chloro- formed Dunn, put him in the rumble seat of the car and went on their way. They put Dunn out on the outskirts of Richmond, and his report to the police led to the capture of the pair early in the morning at Danville, Va., while they were held up by a traffic light. “¥hen brought back here; they first | posed as farm boys who were here look- ing for employment and had taken a shot of “dope” for the thrill and were | under the ihfluence of the narcotic when they staged the hold-up and kid- naping as their irst venture into crime. It developed, however, that they had escaped from prison in Louisiana while under long sentences and also were wanted in other jurisdictions. TR SNOW BLOCKS TRAFFIC. Mad Rush Made in Early Hours in Kansas City. KANSAS CITY, January 5 (P).— Traffic at the rush hour here this morn- ing was in nearly a hopeless snarl fol- lowing 18 hours of snowfall which a strong wind turned into a blizzard and caused bad drifting. Street car traffic was paralyzed and automobile traffic was perilous because of freezing rain which preceded the snow. Heavy snows were reported from widely scattered points over the South west. About six inches of snow had fallen here at daybreak. 'Radio Pr&rr;ms—l;age 21 Boy Hunter Bags Two Deer With Two Shots From .22 Rifle By the Associated Press. UMATILLA, Fla., January 5.— Hunters, put your guns aside and list to the tale of 13-year-old Robert Maxwell. Robert, armed with his trusty .22 caliber rifle, left home on a hunting’ expedition. A short time later he came back, out of breath, with the information that he had shot two.deer. He was warned ‘that little boys his age should always tell the truth if they want to go to heaven. Upon his insistence, however, a member of the famiy accom- panied him to the scene of his hunt, There lay two buck deer, a few yards apart. Robert bagged them with two shots. MANACLED BOY MAKES VAIN EFFORT TO ESCAPE Sprint’ for Liberty Fails Runs Into Arms of Policeman. William A. Crews, 19-year-old boy, today made a fruitless effort to escape service of a sentence of three years in the penitentiary imposed by Chief Justice McCoy on a joy-riding charge. As he was being loaded into the van for return to jail the boy brushed aside the deputy marshal, and although hand- ::J-f;eed :;1&1 unab‘le ut;o use his arms, 8 use of his legs in a sprint for liberty. s i He chose a wrong direction for his break and ran through the Judiciary Park and out D street, which brought him directly past the Pulice Court and into the arms of Policeman M. A. An- derson of the identification hureau at headquarters, who was coming out of the Police Court Building, Several citizens joined the deputy as He marshals who pursued the fleeing pris- | oner, and their number was‘augmented by waiters from a restaurant at Fifth x;gg ?u ;Lol;’et&f ?fiws was returned to ly of marshal an transferred to jail. . o D. C. OFFICIALS TESTIFY. District _Appropriation Queries Four Classes. Representatives of the Police, Fire and Health Departments and of the courts vere. questioned by the subcommittee which is drafting the District appropri- ation bill at a hearing today. According to a program agreed upon yesterday by the subcommitiee headed by Representative Simmons of Nebras- ka, in conference with the District Ccmmissioners, the school department will be heard Monday and thereafter until this line of inquiry has been com- pleted. The Board of Public Welfare will be heard following the school de- partment, Group Human Bones Reported Found. ORRVILLE, Ohio, January 5 (#).— Prosccutor Walter J. Mougey today said that ashes taken from the home of Elias Arnold had revealed vhat appear- ed to be human bones. Arnold is one of five persons being held in connection with the disappearance of 4-year-old ‘Melvin Horst. : REPORT STOL0UR00 FLOOD OF LIGOR Toronto Hears Large Volume Has Been Sent to U. S. During Life of Treaty. By the Associated Press. TORONTO, Ontario, January 5—A dispatch to the Globe from Ottawa says: “One hundred million dollars’ worth of aleoholic beverages has peen smuggled from Canada to the United States since the anti-smuggling treaty between the two countries was signcd less than five years ago. The illicit traffic has steadily increased until this year it has exceeded $30,000,000.” ‘The dispatch adds that for this rea- son Uuited States Coast Guard and pro- hibition officials are en route to Ottawa to confer with Canadian officials con- revision of the treaty. ice will open Monday. Table Shows Volume. ‘The dispatch gives the following table of exports of Canadian alcoholic beverages by recent fiscal years: Year, Total. To U_S. 1924 $8,711,708 1925 6,225.53; 111610169 2 10201717 24,162 24152188 “To these figures must be added re- exports from Canada of Scotch whis- kys, French wines, etc. In the last fiscal year these totaled to the United States, $7,439,741. The Globe in another story today says: “Recent organized effort of the big booze interests to induce the Ontario liquor control board to sell direct for the export trade has met with fiat failure.” ‘The board refused to have anything to do wich the proposition and gave warning that it would not be ap- proached on the matter again. Promised High Prices. The Globe adds. 'he booze men also assured the board that under their pro- posed arrangement they would buy sup- they would take care of all shipmenis trom the board’s storehouse to points of destinatio: and the expense pertain- ing thereto, and that tney would lay oft the Quebec booze, which is now sald to be ¢oming into Ontario in large many instances to find ready sale, par- ticularly along the Detroit waterfront.” According to the Globe, the man who approached the board said that “Amer- ican customers” were prepared to pay “fabulous” prices for “good, safe brands” and that the Ontario liquor control board would be paid more than regular prices. $30,000 SPORT FUND CHARGE FACES QUIZ iList of Purported Donors Given i in Boston Braves' In- vestigation. By the Associated Press. BOSTON, January 5—The Sunday cports graft scandal took a new turn today with the announcement by State Altorney General Joseph E. Warner that | he would investigate the list of contrib- ! ucors to the ‘Outdoor Recreation League, sponsor of the Sunday sports bill. The list showing contributions of $30,000, figured in testimony yesterday before the Boston Finance Commission, which is investigating allegations made by Charles F. Adams, vice president of the Boston National League Base Ball Clu» and president of the Boston Bruins ! hockey outfit, that city councilmen de- manded bribes to speed action on the bill designed to permit big league base ball and other professional sports on Sundays. ‘The charge that the entire $30,000 hud been contributed by.Emil E. Fuchs, mesident of the Braves, was made by Joseph P. Walsh, attorney for Council- lcr Willlam G. Lynch. Fuchs testified Lynch was the man who had set a price of $5,000 each on his own vote and that of 12’ colleagues he was alleged to have | told Fuchs he represented. The list was introduced during the cross-examination of Edmund: P. Cun- ningham, secretary of the Braves. Listed among the alleged donors of $1,000 were newspaper men, sporting promoters, politicians and others. The l’cld::\l of their names caused merri- men Cunningham identified many of the alleged donors as friends of his or Judge ]’ucfi or persons connected with the club. He said he had ‘helped in the solicitation of funds and enumerated gifts totaling $2,000 he had collected in gance ' commission adjourned until next Tuesday. The s plies from tne board, and it alone; that | quantities ana being short-circuited ' SECOND REPRIEVE GIVEN DR. DREHER AND MRS. LE BOUEF Followed Instructions of Su- preme Court, Gov. Long Announces. PAIR ALMOST FRANTIC AS ORDERS ARE SHIFTED Executioner Ready to Officiate at Hanging When Last Order Was Received. By the Associated Press. FRANKLIN, La., January 5.—Sheriff Pecot announced today that Gov. Huey P. Long had again reprieved Ada Bon- ner le Bouef and Dr. Thomas E. Dreher until next Saturday. Maj. Oséar Schneider, who was sent here as official representative of the governor, had previously said that if the governor ordered the hanging it would have to be carried out by the sheriff, barring some court order, or that officer would be subject to arrest. The sheriff had explained that he was trying to do his duty and that believed that he would syucceed. e I want to find out what is the proper course and then go ahead,” he said. The executioner with his black mask had arrived from New Orleans and was prepared to officiate when the latest re- prieve came. Driven Nearly Frantic. At the jall it was said that the shift- ing orders had just about driven Mrs. Le Boeuf and Dr. Dreher frantic. They caught a few cat naps during the night, broken by flashes of lightning, loud thunder claps and drenching rain, and around 3 o'clock when awakened by the Jailer on orders of the sheriff and told of the governor’s reprieve they were so relieved and happy then that they could not sleep. The sheriff explained that the gov- ernor told him that since the State Supreme Court had agreed to recon- sider the case he had decided to grant 2 final reprieve until next Saturday. If the court overrules the defense again the governor was quoted as saying he would set another date for the hanging. Then came word that the governor had withdrawn the reprieve and later word that he had granted it again. The sheriff was placed in a perplex- ing situation last night when Chief Justice Charles A. O'Niell of the Louis- iana Supreme Court ordered a stay of execution and four associate justices di- rected the sheriff to carry out the ex- ecutions. A reprieve granted by Gov. Long early today, however, seemed to clarify the situation, but it became more involved when he rescinded his previous in- siructions, Governor Refused Clemency. Two days ago Gov. Long refused clemency to the pair after a favorable recommendation from the pardon board. The refusal caused an open and dramatic break between the governor and Paul N. Cyr, licutenant governor and a member of the board, who charged publicly that the governor “de- liberately double-crossed me.” Cyr in his break with the governor charged that Long had shown favoritism in commuting the sentence of a New Orleans slayer, and the governor replied that in their recommendation for clemency in that case the pardon board “told me they thought this was an acci- dental murder.” Gov. Long scouted any other claim in the Lebouef case than ‘“cold blooded murder” after his review of the records. “Not one person in Louisiana,” Gov. Long stated, “thinks that any pistols or guns went off accidentally on Lake Palourde when James Lebouef died.” Couple Declared Sane. A determined fight was made here yesterday by defense attorneys to save the lives of their clients on the grounds of insanity, but Judge James B. Simon, who presided at the trial, ruled that the woman and physician are sane and he refused to appoint a lunacy com- mission. . After the hearing the attorneys sped by automobile to New Orleans where they appeared before five members of the Supreme Court in an attempt to obtain a stay of execution and compel Judge Simon to appear before the high cowt and show cause why he should not appoint a lunacy commission. The hearing over, four associate jus- tices announced that the writs were de- nied and Associate Justice Brunot in- structed the sheriff by telephone to pro- ceed with the execution. “Let me talk to the sheriff,” Chief Justice O'Niell, who issued a writ to stay the execution, interposed. “Don't execute those people tomor- row,” he shouted through the telephone to the sheriff. “One judge has the right to issue the writs, and as chief justice of this court I order that the executions be stayed.” Chief Justice Declares Power. Chief Justice O'Neill declared he was empowered by the State constitution to prevent the hangings, while the four dissenting_ members, Justices Brunot, Overton, Rogers and Land, held that as a majority of the court their de- cision was final. In granting the stay of execution, Chief Justice O'Neill ‘ordered Judge Simon and Sheriff Pecot to appear be- fore the Supreme Court next Friday and show cause why the lunacy com- mission should not be appointed. Lebouef was slain July 1, 1927. Mrs. Lebouei and Dr. Dreher were arrested and found guilty of the crime, along with James Beadle, Morgan City trap- per, who drew a life sentence, which he is serving. Dr. Dreher contended at the trial that Beadle fired the fatal shots, while Beadle blamed the physi- cian. The State claimed that a love affair between Mrs. Lebouef and Dr. Dreher was the motive and that they =onspired to slay the woman'’s husband. INSTRUCTIONS OF COURT. BATON ROUGE, La., January 5 (). —Gov. Long in announcing a second reprieve for Dr. Dreher and Mrs. Le- bouef, said he had followed the in- structions of the Supreme Court. The Supreme Court, he said, was wiring him its instructions 'and he would make them public when they were re- ceived here. SHANSON DEFEOS ANTHYAR TREATY ASNOBLE GESTRE Rejection by Senate Would Misrepresent United States, Virginian Says. SENATOR LISTS WARS BEYOND PACT’S POWERS Plan Called Ineffective and Disap- pointing as Preventive of Armed Conflict. By the Associated Press. The Kellogg treaty to renounce war was described in the Senate today by Senator Swanson of Virginia, the rank- ing Democrat on the foreign relations committee, as “mere gesture for peace,” bu’ a “noble gesture,” which spoke the wish of the world for the outlawry of war. As an instrument which would ef- fectively abolish armed conflict, the treaty will be found “ineffective and disappointing,” he declared, but for the Senate to reject it would be a step which would cause the United States to be misunderstood and misrepresent- ed throughout the world as possessed of “imperialistic aims and warlike purposes.” “The treaty speaks the voice of peace,” Senator Swanson declared, “but places feeble restraints on the strong arm of war. I am unwilling to defeat this treaty and silence this voice of peace, however feeble, crying out in a world wilderness of threatened war and woe. The voice may become louder and more potential through the reced~ ing years.” Explaining why he believed the treaty would be ineffective in abolishing war, the Senator listed the wars with which he contended the treaty could not con= cern itself. These, he said, were wars of self- defense, wars to inforce peace under the covenants of the League of Nations, wars envisaged by the Locarno pact, and wars rising out of the claimed interest by Great Britain in certain spheres of the world and by the United States under the Monroe Doctrine. Most any war, Senator Swanson said, could be fought on the pretense of self- defense and therefore he contended the Kellogg pact, by reserving the right of 30 mentceive nuirament agatne. war. an ineffective war, But with all its the Vir- ginian - asserted, should be ratified as a step in the right directiod. Signs of douht developed in the Sen- ate debate yesterday as Senator Borah concluded his two days’ argument for the pact, but the attack being fostered by Senator Reed, Democrat, Missouri, awaited the conclusion of Borah's ex-* position. Frankly mun{ that he did not look for “the dawn of the millenium” in the ratification of the pact, the Idaho Sena- tor told the Senate the treaty was a step in the direction toward the preser- vation of peace which must be taken lest “civilization be imperiled as it has not been since the evening of the dark ages.” Senator Robinson of Arkansas, the Democratic leader, joined in the asser- tion that the treaty was of value, if any, for its “psychological effect” and as a means only of organizing the peace forces. Borah Assumes Onus. The two days of debate showed a keen interest by the Senate in the treaty and members arose frequently to interrogate its champion as he anticipated objec~ tions and answered them. However, the vast numbers believed to be in favor of the pact were content to sit by and leave the debate to Senator Borah, who as chairman of the foreign relations ct:em;nmae has taken charge of the aty. The Idahoan denied that the treaty pledging the nations of the world to renounce war could infringe in any way upon America's asserted right to guard against foreign encroachments in this hemisphere and therefore he said no He denied that the signatories could be called upof to exert force against an offending nation. He insisted that the reservation of Great British as expressed in a British note to protect her territories did not change . the treaty in the slightest. It said the right of self defense was inherent in the treaty. There is no organization set up by the treaty, Borah explained, for the peaceful settlement of disputes and therefore this Nation could not be called before the World Court, unless it con- sented, or before any other tribunal in the event of a violation of the pact. Reservations Come Up. Senator Reed was on his feet late yesterday when the Idahoan had con- cluded to read into the record the cor- 1espondence of Russia, Egypt, Rumania and some other countries, which he said showed reservations by these nations. He said the letters made it clear that there are contentions already as to the e Gpposition e pacing I op] n aci its hopes in the resolution of Sl:mwr Moses?ene- publican, of New Hampshire, stating America’s position in regard to her rights in connectign with ratification of the treaty. Senator Moses would have this resolution accompany the notifica- tion to the other powers of this coun< try's acceptance of the pact. The debate became quite personal at one juncture yesterday between Sen- ators Borah and Bruce, Democrat, Mfi"“& r:v':th lthz lattle:n finally ac- cusing of camj ainst his election in the phfltm‘flm.gukn. Bruce was defeated. Senator Borah re- plied that he had not mentioned either “apoke. i Maryland. avd addehthat n Maryland, and a L he did not think it was necessary. RAIDER ACTS AS JUDGE; IMPOSES FINE ON SELF By the Assoclated Press. COLTON, Calif., . o Aot cJ:nuny 5.—Jus with two other officers Pablo Doctor Killed in Hospital. EVANSVILLE, Ind., January 5 (#).— Dr. Dalton Wilson, surgeon at Walker Hospital, was killed instantly and his body blown almost to bits when a drum of ethylene gas he was trying to repair exploded Thursday afternoon in a surg- “ery laboratory of the hospital, Venigas on New Year day in a raid, nAS R em i aier T lcers home,” Venigas said. i :.Ym'tl:e a "r!" {ln’ shouted. 'S contem] P o P court,’ venl-.A “So i is,” Healy agreed, and fined o ez, ¥ ‘my . He then fined Vi