Evening Star Newspaper, January 8, 1929, Page 4

SMITH, CONVICTED SLAYER, LOSES PLEA [Ceurt Refuses New Trial to Watchman in Death of Daughter. Chief Justice McCoy in Criminal {Rarision No, 1 today denied the mo-| ition for a new trial by Frank Ells-| worth Smith, 50-year-old bank watch- man convicted November 22 of murder | in the first degree in connection with | the death of his 19-year-old daughter, | Bessie L. Smith, September 26 at their home, 1151 New Jersey avenue, choking her and smothering her witl pillow. Smith will probably be call mext Saturday for sentence. The verdict carries the penalty of death by elect ution. | In a lengthy opinion the chief justice geviewed the delinitions of insanity as Haid down by the District Court of Ap- | Ppeals and other tribunals and holds that ihe claim of Attorney E. Russel Kelly Jor the prisoner that the court should have charged the jury that if Smith | avere not able to choose the right when | moved by an “uncontrollable or irre- | ssistible impulse” he should have been | declared insane, is not ined by | the court rulings, Aside from s- | tion of the legal test of i y, the | ‘chief justice points out, the motion for @ new trial would have to be denied because he is of the opinion that there was not suffictent esidence on which to | base the charge requested of the court. The prosecution of Smith was con- ducted by Assistant United States At- | torney William H. Collins. BRAND NOMINATION * MEETS OPPOSITION MReappointment to Public Utilities Commission Classed as Not in | Public Interest. i Resolutions were filed with the #Senate District committee today by two organizations regarding the ~pending | nomination of Col. Harrison Brand, ir., Hor another term on the Public Utilities Commission. Onc was from Men's Local, No. 249, Bureau of Engraving and Printing, Federal Employes' Union, op- posing the reappointment of Brand. | officiating. THE EVENING JIRS. JULIA BROWN MATTINGLY. 'MRS. J. B. MATTINGLY IS CALLED BY DEATH Funeral of Member of 0ld Wash- ington Family to Be Held Thursday. Mrs. Julia Brown Mattingly, night at Garfield Hospital after a brief illness. ‘The funeral will be held at 2 o'clock Thursday afternoon at St. John's Epis- copal Church. Sixteenth and H streets, the rector, Rev. Dr. Robert Johnston, Interment will be private in Glenwood Cemetery. Mrs. Mattingly was the daughter of the late S. P. Brown and Charlotte Mason Brown, whose old homestead, Mount Pleasant, in the upper Northwest | section of the city, gave the arca its name. She was a native of Orland, Me., com- ing to the Capital with her parents when her father was named naval pay agent, during the Civil War, under President Lincoln, Mr. Brown 2lso serv- |ed on the Board of Public Works of | Washington, which was identified with | the upbuilding of the Capital. | Mrs. Mattingly took a prominent part | in the social life of Washington, and widow | | of Samuel L. Mattingly and member of | {an old Washington family, died last |ment of aviation both military and LAUD FEAT OF CREW ON QUESTION MARK " Davison, Fechet, Young and Moffett Praise Skill of Flyers. | By the Associated Press. Elated over the safe landing of the | Army monoplane Question Mark at Los | | Angeles, Government aviation officials | | today lauded the courage and skill of | the flyers and described their flight | | breaking all endurance records as of | far-reaching effect in the advancement of aviation. ;i | The safe landing of the plane elicited | joyous expressions from the officials, | who praised both performance of the | aviators and the plane’s mechanism in withstanding the severe test. The successful refueling of the Question | Mark in the air by another plane also | was described as “a wonderful perform- | ance” and a great step in the progress | of fiying. | “It spells a new and thrilling chapter |in ‘man’s conquest of the air,” said Assistant_Secretary Davison in charge | of War Department aeronautics. “My | heartiest congratulations are extended | to all Air Corps personnel who partici- | pated in the flight.” He added that| the new records which have been cre- | | ated “to say the least are astounding.” | Maj. Gen. Fechet, chief of the Army | | Air Corps, declared he was “highly | | clated to learn of the safe landing of | the Question Mark.” “I am proud of | the accomplishment of the Army flyers,” | he added, “which I prophesy will have | a far-reaching effect in the advance- | | civil.” |~ Clarence M. Younsg, director of aero- | | nautics in the Commerce Department, | | said_that “both the personnel and the | mechanism are entitled to every ad-| miration for the splendid feat.” | Senator Hiram Bingham of Connecti- cut, who is president of the National Acronautics Association, said that the performance of the Question Mark “brings to the Army Air Corps and to American aeronautics new and well earned laurels.” Rear Admiral Moffett, chief of the Naval Bureau of Aero- | nautics, declared that “the Army Alr | Corps deserves a great deal of credit | for undertaking this very important ex- | | periment,” adding that’ the flight was { of especial interest to the Navy in open- ing up the possibilities through air re- fueling of long oversea flights. ‘The flight's accomplishments “had | established beyond a doubt” the relia- | bility of present-day aviation equip- ment. is the view of Assistant Secretary Davison, who declared that the Ques- had been forced to depend upon the written word for communication. | Although the physical examination | revealed that most of the men were in | somewhat weakened condition, it STINSON T0 SEEK ENDURANGE RECORD [Flyer Will Try to Better| | Mark for Air Flight With- [ out Refueling. By the Assoclated Press. DETROIT, January 8—Eddie Stin- son, president of the Stinson Aircraft | Corporation and twice co-holder of the | | world record for airplane flight en- | durance without refueling, will attempt | io regain the record next month, Wil- | liam A. Mars, secretary of the Stinson Corporation, has announced. The record flight without refueling, unsurpassed under any condition ex- | cept by that of the Army monoplane Question Mark, which ended yesterday, is held by the German flyers, Rist | and Zimmerman, | Stinson first set a new endurance | record In 1921, when, with Lloyd Ber- taud, he stayed up more than 26 hours over Roosevelt Field, N. Y. His second | record was established early in 1928, | when, with Capt. George Haldeman, he soared over the country near Jackson- {ville, Fla, for 53 hours and 33! | minutes | | The present mark without refueling | is 65 hours and 25 minutes. The at- | | tempt to regain the record probably will | | be made about the middle of February | near Lake St. Clair or Saginaw Bay, | Mich., but, if weather conditions forbid, | | the special plane belng built will be taken to Florida. Randolph Page, veteran air mail pilot | and now chief test pilot for the Stinson | Corporation, will be Stinson's co-pilot. | — — | Mrs. Sara Woody Expires. | | Spectal Dispatch to The Star. | LYNCHBURG, Va., January 8—Mrs. | | sara Jane Woody, 80 years of age ! showed that Maj. Spatz, the comman- | der, actually was in better trim than when he boarded the ship, indicating that his hard and long hours aloft had agreed with him. The major said. “We have found that mechanical conditions rather than the condition of man is the only limiting iactor in sustained flight. The whole personnel was in better condition this morning (a few hours before landing) | than at any time during the flight. In fact, we have had seven days of rest.” The officlal medical examination stated that “no defects were noted other | than moderate .defects of hearing in | three of the participants and a slight | | defect in two. Distant vision was not impaired in any, and near vision im- | paired in four and improved in one.” | | |dren: Mrs. James Leebrick of Lynch- | burg: S. J., C. W. and F. W. Woody of | Madison Heights; Mrs. Harry De Long | | of St. Petersburg, Fla.; and Mrs. V. H. | Bryant and Mrs. Charles Raikes of | | Madison Heights; two sisters, Mrs. Lou | | Cunningham and Mrs. Willlam McCor- | | mick of Buckingham County; a brother, | | William Hughes of Buckingham County: | | 47 grandchildren and five great-grand- | | children. | | Howard Longerbeam Expires. Special Dispatch to The Star. CUMBERLAND, Md., Howard Longerbeam, J. A. RIDDEL, 60, DIES. Bridgewater, Va., Man Drops Dead in Post Office. Spectal Dispatch to The Star. STAUNTON, Va,. January 8.—J. A Riddel, 60 years old, prominent business man of Bridegwater and postmaster for many years there, dropped dead in the post office Monday morning. Mr. Riddel was a native of Augusic County and for a number of years was in business at Moscow before locating in Bridgewater. He was head of the Riddel Oldsmobile Co., in Bridgewater. and also was in the Jumber business. He is survived by two sons, Clifford and Dewey Riddel, and two daughters, Mrs. C. H. Huffman of Harrisonburg, and Miss Pearl Riddel, at home. His wife died about three years ago. Funeral services will be held tomor- row at 11 a.m. at his home in Bridge- water. T Falls in Boiling Water. Spectal Dispatch to The Star. WINCHESTER, Va. January 8- Clyde Orndorff of Mount Willtams, Va., was in a precarious condition in a hos- pital here today, suffering from scalds sustained when he fell headlong into a large kettle of bolling water while butchering hogs at the home of William Orndorff. ‘a_neighbor. HOMES!! Hundreds of them will be sold for TAXES Do not lose your life long sav~ ings by permitting your home to be sold for the want of a few hundreds of dollars with which to pay your taxes. Under our Easy-Payment Plan, we may be able to help you in this or some other equally worthy object. | was assoclated also with club activities, | {jo, Mark's performance had demon- 1 The terse Army report concluded: “All | near Rawlings, M | holding membership in the Chevy Chase | irated “the possibility of making un- e I v ‘qua IThe other was from the Randle High- Were physically qualified to fake off | pneumonia. He was taken il Christ- /lands Citizens’ Association, $45.00 it did not mention the name of Col. Brand, it recommended that any ap- 'pointment to the Public Utilities Com- mission pending at this time should be deferred to permit the incoming admin- |istration “to carefully consider the fit- ness of the candidates for the office to ibe filled.” His is the only one so pend- “4ng. The resolution from the Bureau of | ving and Printing local, stated | that it was opposing connrmation of | {Col. Brand's appointment “for the rea- | 'son that we are of the opinion that such 1position should be held by those who have the interest of the general public at heart rather than those of the public iservice corporations.” The Senate committee 13 expected to hold a meeting in the near future to consider the nomination o1 Col. Brand. HOOVER HOLDS MEETINGS WITH PARTY LEADERS ON SPECIAL-SESSION (Continued From First Page.) 'having a session of Congress so early in this administration. ‘The impression is growing, too, in ithe minds of both opponents of a spe- cial session and its adherants that such |a session cannot be avoided. The one hope that is left to those who desire to force a farm bill through at the present session and forestall the need of calling Congress together this Spring is that !President Coolidge and the President- ielect will unite in a demand that farm | 'legislation go through now. They ad- | mit, Lowever, that such a move is more in the realm of fancy than in that of probability. It was indicated today that such a plan may be proposed to the President. Senator Borah is a leading proponent lof the plan for a special session for farm legislation. He is against any at- \tempt to force a bill through now. The |Tdaho Senator was in part responsible for Mr. Hoover's public announcement during the campgign that he would call 2 session if a farm bill was not enacted jat the present session of Congress, /While Senator Borah would not discuss ,his conversation with the President- elect today, it is presumed that he |urged upon him the advisability of deal- |ing with the farm problem in a special {session of Congress. * Borah Expects Special Session. At the Capitol today Senator Borah | #aid he expected a special session. The ! legislative situation today is such, in his opinion, as to make it practically imn- possible to enact a farm bill by March 4, Debate on the Kellogg treaty, which Senator Borah is engineering through the Senate, may run for the rest of the and, while | Club, the Dgughters of the American | | Revolution and the Woman’s City Club. | Her daughter, Mrs. David D. Porter | | of Washington, survives with three sis- | | ters, as follows: Mrs, Charles W. M- | | Dermott of Boston, ' Miss Minnie G. | | Brown and Miss Blanche Butler Brown | of Washington. | | POLAND IS ADVISED T0 SIGN PROTOCOL U. 8. State Department Believed to Have Suggested Litvinoff Note Acceptance. By Cable to The Star and_chu News. Copyriehts 1030, 0 DM MOSCOW, January 8.—There is rea- | !son to believe that the American State | Department, through its Minister to Warsaw, and Charles Dewey, American financial adviser to Poland, has advised Poland to accept the Litvinoff note, | which urges Poland and Lithuania | to join Russia in signing a protocol making effective the terms of the Kel- logg pact. However, the stumbling block, irre-| spective of Polish desires, apparently is Rumania, which is speaking of “al- lowing” Poland to sign providing an identical offer is made to Rumania and is suggesting that Poland make a | counter-proposal to the Soviets to in- | vite all the Baltic states to sign the | {protocol. Esthonia, Latvia end Fin- | land so far have not signed the Kel- logg pact. Rumania and Soviet Russia have no | relations and these appear extremely difficult considering that 380,000,000 | gold francs of Rumanian money, which were deposited in Moscow during the | | German” occupation of Rumania, was | | s1zed by the Soviet Russians, who ad- | | mit the fact and say that the sum will be returned to Rumania when the ques- | tion of Bessarabia is settled. | _ Behind the scenes is the hand of | France, linked as a third party in the | Rumanian-Polish defensive treaty. A { Warsaw newspaper, Epocha, hints that | the Litvinoff move was inspired by Ger- 1nany. Vienna dispaches say that the Rumanian government is very likely soon to ratify the Kellogg pact in order | to give the Soviets a chance to invite Rimania to sign the protocol. | Three Perish in Fire. DETROIT, January 8 (#).—Allen Doane, 56; his wife, Annie, 55, and land fruit growers for spraying pur- interrupted flights over long distances provided refueling contacts are made at the proper time.” BLIMP TO HUNT BOY. Puritan Ordered to Aid Search for Missing Orrville Lad. AKRON, Ohio, January 8 (#.—An airship wiil be used today in a search | for Melvin Horst, 4-ycar-old Orrville boy, who disappeared from his home | December 27. The baby blimp Puritan | was ordered today to fly over country | surrounding Orrville in the hope that some trace of the boy might be found. Five persons are under arrest in con- nection with the boy's disappearance, but no clue to his fate has been un- covered. TARIFF INCREASE ASKED. Boost in Duty on White Arsenic Urged Before Committee. By the Associated Press. Consideration of the chemical, oils and paints tariff schedule today brought another batch of witnesses to the House ways and means committee, hearing on proposed rate revisions: Declaring prices of white arsenic, whose byproducts are used by farmers poses, were below the cost of produc- tion because of foreign imports, W. C. Bacorn of Jardine, Mont., urged a duty of 4 eents a pound on this product, ‘hich is now on the free list. MRS. DAMERON DIES. Special Dispatch to The Star. POTOMAC, Va, January 8.—Mrs. Esther Dameron, 26-year-old wife of Roy Dameron of Mount Ida, dled yes- terday at the Alexandria Hospital of pneumonia and influenza. Mrs. Dameron was formerly Miss Es- ther Edmonds and was a daughter of Mrs. J. T. Ellis of Mount Ida. She is survived by her husband, a son and a daughter. Cavalry Officer Transferred. Lieut. Col. Gordon Johnston, U. 8. Cavalry, has been assigned to duty as military attache at the United States embassy, Mexico City. He is now at Fort Riley, Kans, and is ordered to this city for temporary duty at the ‘War Department prior to his depart- ure for Mexico Cit; Zionist Leader's Son Dies. Upper, crew of the Question Mark—Ileft to right: Sergt Ray Hooe, mechar Lieut. Elwood Quesada, Lieut. Harry Halverson and Capt. Ira C. Eaker, pilots, and Maj. Carl Spatz, commanding officer, photographed beside the giant | Army monoplane at the Metropolitan Airport, Los Angeles. Lower, refueling crew—Ileft to right: Lieut. Odas Moon, pilot of the refuel- ing plane; Scotty Duthie, civilian mechanic; Lieut. Frederick Salter and Lieut. J.G. Hopkins. —Associated Press Photos. ENDURANCE PLANE FORCED TO EARTH AS MOTORS FALTER (Continued load and less fuel, taking small sup- plies of gasoline on the run as re- quired. Congratulations Pour In. Congratulations came to the crew of the plane by basketfuls from Secretary of War Davis, Assistant Secretary F. ‘Trubee Davison, from Adimiral Moffett and others. ‘The calmest of all were the flve men who drove the plane. As they rested at Santa Monica they told how the left motor stopped at 1 o'clock yesterday afternoon and how Sergt. Hooe, for the first time of the flight, made his way along the catwalk to the disabled en- gine in a vain effort to fix it. The other two motors were not strong enough to keep the plane on its course with Hooe out under the wing, and Spatz knew then that they must land. Exact nature of the motor trouble which forced the ship down after seven days and six nights in the air was not determined, as the great yellow and black monoplane was taxied into a hangar immediately and placed under guard pending examinataion of its mo- tors, which was ordered for today. The pilots themselves, who submitted to physical examinations and brought their log up to date before turning in for a long deferred quiet sleep, believed faulty valve springs ended the flight. A stream of oil spouted from the right motor when the ship came to | earth. The center motor was running 250 revolutions below the normal speed of 1,550 revolutions at which the mo- tors operated practically throughout the flight. It was estimated that the three motors revolved 42,552,000 times during the long grind. The final motor trouble developed less than five minutes after the thirty-sev- enth contact of attendant ships, when a 50-gallon supply of gasoline was taken aboard. The gasoline was dropped almost immediately as the ship prepared to land. The ship consumed a total of 5205 gallons of gasoline and 262 gallons of oil. It gets officlal credit for a distance of less than 3,000 miles be- cause weather conditions forced it away from its established course from here to San Diego after the second day. Statements and log entries of the men revealed that'the seventh day aboard was one of the most enjoyable, and most of them recorded that they felt more physically fit at that stage than earlier in the flight, when bumpy air, threatened fuel shortage, cloud and fog banks threatened life of the flight. The swing out over the dreary Im- perial Valley to escape coast fog banks last Thursday remained in the pilots’ minds as the worst part of the ad- venture. Over that below-sea-level country they found weird air currents that caused astonishingly quick loss of altitude and tested the mettle of the men as the ship bobbed about in the rough, descending currents. The pilots explained that it sometimes took hours | to regain altitude lost in a few seconds. Although temporarily deafened by droning motors, the men quickly ad- justed themselves to quiet on the ground and were able within a short time to hear human voices for the first time since New Year morning. Because of the motor roar aloft, they ! ing in the air is feasible for long flights | ovi $ $1,200 $100.00 $6,000 $500.00 on any Army mission.” | mas day when his elder brother, George The flyers felt satisfied that remel-‘f‘;dlgggsgb;:&n prominent, rh(;tgfi::n‘ | beam is survived by his widow, two chil- | tal. “We took over 500 gallons a day | dren and three brothers. He was a na- with our crude apparatus,” said Capt.| tive of Berryville, Va., where burial will Ira Eaker, chief pilot, “and refueling|be tomorrow. at sea is even more practicable than | e land, for the air is smoother.” | transoceanic as well as transcontinen- It is not necessary to have had an Ac- count at this Bank to Night refueling was not hard,” added Lieut. Harry A. Halverson. “Refueling under every conceivable | condition under which an airplane can fly, at night, in rough air, in fog and in sun, our apparatus was proved,” snld‘ Maj. Spatz. After preliminary inspection and motor adjustments, the Question Mark Road to Be Closed. | Spectal Dispatch to The Star. ' LYNCHBURG, Va., January 8.—The | | State highway 'office here “has an- | | nounced that the Amherst highway. route 18, will be closed from Saturday | evening at 10 o'clock to Sunday evening | at 6 o'clock, during which time the | commission will erect a new bridge over | Borrow. THE MORRIS PLAN BANK Under Supervision U. S. Treasury 1408 H STREET, N. W. will be flown to Washington. Later it may undertake another endurance flight, Alr Corps sources here indicated. Buffalo River, two miles north of Am- herst. The only detour is via Staunton, Lexington and Natural Bridge. The Search Into the Unknown Has Begun Commander Byrd’s expedition is getting into action to tear away the veil of mystery that has hidden the Antarctic region since creation. resent week. The chairman of the | their niece, Thelma Grives, 9, were ?nmgn relations committee said there burned to death in a fire that destroyed had been no agreement reached for a |2 garage building at Hazel Park, near vote, and that none appeared in pros- | here, early today. The three occupied A 3 ver's callers today | s were g.'e‘gmgf—r}x:}:nnte Main(}. ehaitmay | While they slept. The cause of the fire of the naval affairs committee, who is | Was not determined. anxious to get the cruiser bill through the Senate at the present session. With | Senator Hale was Senator Watson of | Inciana, who has been slated to become Republican leader of the Senate as soon as Senator Curtis retires to fill the office of Vice President. They discussed with Mr. Hoover briefly the legislative situ- ation. Others who called upon Mr. Hoover | were Representative Walter Newton of Minnesota, who had charge of the | speakers' bureau in the presidential | campaign, and Representative Robsion | of Kentucky, who managed the Hoover ! campaign in’that State. i Mrs. Rogers Sees President-Elect. | Mrs. Edith Nourse Rogers, Repre-| sentative from Massachusetts, a strong | Hoover supporter, jalked with Mr.| Hoover. She is particy 3 in stimulating trade between the United | States and the countries o South America. She discussed this matter | with Mr. Hoover and also the prospect of increase in commercial aviation be- | tween North and South America BERLIN, January 8 (Jewish Tele- graphic Agency).—Henryk Sokolow, son of Nahum Sokolow, chairman of the World Zionist executive committee, died here westerday of influenza. He was the second eldest son of the Zionist leader. Nahum Sokolow was at the bedside of his son when he died. . EISEMAN’S SEVENTH & "F STS. Step by step Commander By will report his progress exclusively in Washington through he Stae, Evening and Sunday In addition, The Star’s special correspondent, Russell Owen, who is a member of the expedition, will supplement the Byrd dispatches with human interest stories of the greatest adventure of the generation. REPORT OF CONDITION As Made to the Comptroller of the Currency OF THE MORRIS PLAN BANK At Washington, D. C. at the Close of Business on December 31, 1928 RESOURCES 1. a. Loans and discounts. . .$2,058,878.95 b. Less deposits assigned as collateral to loans.......768,927.89 6. Furniture and fixtures. . . 9. Cash and due from banks 10. Outside checks and cash items. . 14. Other assets. $1,289,951.06 22,865.78 259,287.02 715.48 S,475.38 «e...$1,578,29¢4.72 SUITS O’COATS TOPCOATS To Be Closed Out at A delegation of Iowa Congressmen 18. Reserved for dividends, continge: . 1 U S, were visitors at the Hoover headquarters. | » 19, Reserved for taxes, interest, &c., accrued including Representatives Dowell and | pai = Haugen, the latter chairman of the 'ime de House committee on agriculture. The | 31. Liabilities other than thc:: above stated. .. Total... seeesessir 81, 508:20672 suggestion was made that Dante Pieree, | City of Washington, District of Columbia, ss: publisher of farm papers in Des Moines, | would make an excellent Secretary of Agriculture. | I, WILLARD G. BARKER, Treasurer of the above named bank, do solemnly swear that the above statement is true, to the best of my knowledge and belief. WILLARD G. BARKER, Treasurer The Ambassador from Brazil, Mr. S. | Subscribed and sworn to before me this Sth day of Jan. 1920 Gurgel do Amaral, called to | Tespects to Mr. Hoover and to 55 FRANCIS J. L. CRILLEY, Notary Public Total.oisaaaoesnrcnsancnns LIABILITIES 18. Capital stock paid is. .... 16. S s fund . 17. Undivided Prof Communications will be coming thick and fast—by, radio from the Byrd base directly into The Star office; together with graphic reviews of discoveries made and the perils braved—to write a true history of this great zone concerning which all has been canjecture heretofore. Beldom do we hold a sale at such a ridicu- lIously low price, but when odds and ends of discontinued styles accumulate we close them out at a : rice that moves them fast. This is one of those s-'es. Thrifty men will hurry here to- Sicpresentative Wallsce White of Mame,| morrow. $19.75 and $24.75 were the original e ol N e raies sl SEnaor prices. Remember all sizes in each style are not here, although you can be fitted in one or another if you wear between 33 and 42. No exchanges or refunds. Alterations at cost. gratification at the recent visit which the President-elect made to his country. | Other callers slated for today were You'll have the thrills of romance in the recital of the deeds of daring of this party of exploring pioneers. Exclusively in The Star i (Seal) . Commission expires December 14, 1931. t—Attest: i ) BERTRAM CHI AN EDWIN A. MOOERS, ‘W. CAMERON BURTON Trustees I;fluenza Is Fatal. Bpesial Dispatch to The Star. LYNCHBURG, Va, January 8.— J. W. Jordan, 86 years of age, a retired farmer, died Sunday at his home at Rustburg, Campbell county.. Death was due to infiuenza, . x