Evening Star Newspaper, September 17, 1929, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair and cooler tonight and tomorrow. Temperatures: Highest, 82, at 3:30 &mA yesterday; lowest, 68, at 5 am. The only evening in Washington mfll:. l;:: Associated Press’ news service. o Full report on page 9. Closing N. Y. Markets, Pages 14 and 15 post office, Entered as second class matter Washington, D. C. The WASHINGTON,. D. C, TUESDAY, SEPTEMBER 17, 1929_FORTY-TWO PAGES. No. 31,185, JAPAN MAY INSIST | [z e e GEN. LYTLE BROWN ON STRONGER NAVY INRELATIONTOU.S. Increase in Ratio From 60 to 70 Per Cent Likely to . Be Requested. SUGGESTED 8-INCH TYPE OF CRUISERS INVOLVED English Opinion Approves Tenta- tive Tonnage as Revealed by MacDonald to Press. By the Assoclated Press. TOKIO, September 17.—Publication in London of an authoritative outline of the present status of the Anglo- American cruiser negotiations has focused Japanese attention on the dif- ference in the maximums for Great Britain and the United States respec- tively and the suggested American 8- inch gun cruiser strength. Responsible officials declined to com- ment on this point puklicly, but it was strongly indicated in high offical quar- ters that Japan considers this the crux of her limitation problem. Japan is likely to insist that the ‘American strength be considered the standard by which Japan's relative strength in 8-inch gun cruisers would be determined and also that Japan be allotted 70 per cent instead of the present 60 per cent now prevalling in the battleship class. British Maximum Debated. 1f the British maximum of 146,800 of 8-inch gun cruisers were the stand- ard, it would not be necessary for Japan to build beyond her present program, which would give her 108,400 tons of 8-inch gun cruisers before 1932, in- cluding four of the Furutaca class of 7,100 tons each and eight of the Nachi class of 10,000 tons each, four of which have been completed. If Japan insists on 70 per cent of the American tonnage this would mean two 10,000-ton cruisers beyond the present program should the United States be limited to 18, and four should the United States be limited to 21. It was suthoritatively indicated that in order to gain this point Japan was ready to scrap a portion of her present 88,000 tons .of smaller modern cruisers. People Want Economy. 1In circles outside of the navy there is a strong general desire to avold further cruiser construction because of the present financial stringency and consequently there was a considerable disappointment in the cruiser axi- mums as-outlined other hand, the - Associated was’ reliably informed that naval leaders would gladly accept maximums per- mitting Japan to build two of the four cruisers of the projected prcgram made public last month. Japan's first step in the new move- ment for naval disarmament .was an- nounced today when the navy ministry ordered Comdr.sTamon Yamagucni of the navy general staff, to proceed to ‘Washington to join the Japanese em- bassy staff there, preparatory to the proposed conference for naval limita- tion. Comdr. Yamaguchi will sail from .Japan September 21. Yesterday’s authoritative survey was received here in official quarters with- out surprise, since the Japanese Am- bassador in London, thoroughly advised of the progress of the MacDonald- Dawes conversations, has kept the gov- ernment fully informed. Cabinet Discusses Issue. The cabinet's regular meeting this morning was largely occupied with the naval question, on which Admiral Taka- rabe, minister of marine, made a re- ort. The outcome of the cabinet’s de- iberations was not divulged. After the cabinet meeting Premier Hamaguchi conferred with the minister of marine. The afternoon papers published what urported to be an outline of Admiral E‘skuube‘u statement before the cabi- net, which authoritative quarters in ¢lose contact with him partially con- firmed. The minister of marine was re- ported to have said that Japan was pre- pared to consider favorably extension of the capital ship holiday until 1936, and that Japan must consider the American first-class cruiser strength, if carrying 8-inch guns, as the standard for her claim to a 70 per cent ratio. Favors Submarines. Hence Japan would build two cruisers beyond her current program if the American limit is placed at 18 10,000- | ton cruisers, or 4 cruisers beyond the program if American limit is set at 21 10,000-ton Above: MISS ZELMA E. KNECTTLE. Below: EDWIN A. MELVILLE, . BRITISH WAR FLYER HELD FOR BGAMY Miss Zelma Knecttle Accuses Mate of Having Twe Washington Wives. ‘The alleged double life of Edwin A. Melville, who was lleutenant in the Royal Flying Corps and won the Croix de Guerre during the World War, end- ed last evening in New York, when he walked down the gang plank of the on a warrant sworn out by Miss Zelma E. Knecttle, 31-year-old chief drafts- man of the Bureau of Economics, De- cruisers. an is willing to scrap approxi- 0 tons of destroyers, leav- X tons if the Anglo- American limit is fixeu at 150,000 tons. Japan is o] 1o the abolition or drastic reduction of submarines, Which she considers the most effective. weapon against a superior fleet. BRITAIN HAILS PROGRAM. MacDonald’s Report Wins Approval As Basis of Parley. LONDON, September 17 (®).—Great Britain, through its press, today hailed with approval the. prospective Anglo- American naval agreement which Prime Minister Ramsay be_outlined in partment of Agriculture, charging him with bigamy. It is said that ‘Melville, who mar- ried Miss Knecttle, under the name of Albert Barrington Carson, was already | Arm: married to a nurse recently graduated from Emergency Hospital and that they have a 2-year-old son. The first wife was formerly Miss Edith Noll' and is living in Washington. Headquarters Detective Harry Cole, who has handled the case throughout, will go to New York tonight and return Melville to Washington where prosecu- tion at the hands of his second wife awaits him. He was employed as assist- ant purser on board the Minnekahda. Moved to Apartment. According to the story told by Mrs. Alice Knecttle, mother of the girl, the deception began a year and a half ago when Melville, under the name of Car- son, came to room at their apartment at 1401 Girard street. At that time, she said, he told her he was going with a young woman in Chevy Chase and ex-. pected to marry her. Later the girl went to New York and the couple con- tinued to correspond. 5 During this period, Mrs. Knecttle explained, Melville and her daughter seemed drawn to each other and the correspondence with the other woman stopped. Until after the marriage there was no hint of his relations to Mrs, Edith Melville, already his wife, who was in training at Emergency. One day the young approached Mn:m!l}ne-c:ileé she decldred, and rhes- pectfully asked permission to marry her daughter. At ‘that time he told her that he was employed as an aviator by Lieut. Wilson B. Trundle and expected shortly to go to China with him. On July 17 they were married Miss Knecttle’s home and for the next three weeks all went happily for the young couple. Then he is said to have begun requesting his wife to advance him money. When about $200 had been 80 spent, Mrs. Knecttle said, she be- came suspicious, and called a man her son-in-law had said was his uncle. The supposed uncle denied the relationship. Meanwhile Melville went to New Yor] and obtained a position as assistan purser on the Minnekahda. He said that he wanted to occupy himself until the time arrived for to sail for China. Mrs. Knecttle learned the address in New York of the woman who had lived in Chevy Chase and wrote. her requesting information of Melville. The was t | engineer , APPOINTED 70 POST OF CHIEF ENGINEER President Proposes Changes in Office Recently Held by Gen. Jadwin. GREAT FLOOD CONTROL WORK WILL BE DIVIDED Increase in Public Projects Consid- ered Necessitating Certain Reofganization Moves. President Hoover today appointed Brig. Gen. Lytle Brown of the Engineer Corps of the Army, now commanding the 19th Brigade on the Canal Zone, to be Chief of the Corps of Engineers, to succeed Lieut. Gen. Edgar Jadwin, re- cently retired. He will have the rank of major general for four years from the date of his acceptance of the new position. In announcing the selection of Gen. Brown to take over the direction of the gigantic public Works program of the Government, President Hoover revealed several important alterations he has de- cided uj in the organization of the Chief of Engineers Office. In making these alterations, the President pointed out that the very large increase in the public works pro- grams during the last two years, and the prospect of still greater programs in the future, has e it desirable that .there be more definite responsibility, ‘more localized administration and more contiuity in direction than hitherto. Purpose of President. His purpose, therefore, is to ap) an engineer to have direct respo: for the whole of the new flood control and other works on the lower Missis- sippl and the appointment of another engineer to have full responsibility for the improvement of the upper Missis- sippi, the, Missouri, Ohio, Illinois and other tributaries to the inland waterway system. ‘Also the proposal includes the ap- pointment of a third engineer to have Tesponsibility and full charge of the work on the Great Lakes and the de- velopment which may be undertaken on the St. Lawrence River. Some estimate of the importance attached to these projects by President Hoover is gath- ered from representations he has made to the effect that he considers each of these three great segments- over future years as amounting to more than the construction of the Panama Canal. Because of the great importance of each of these projects and the neces- sity for individual direction, it is the desire of the Presidentyto centralize responstbility and to ;e(n:nu the work the :m% the:case in the Engineers to Be Named. Each of the engineers to be placed in charge of these three individual units will have Headquarters in their respec- tive fields of activity. They have not yet been selected, but they will be ap- pointed frem the Engineer Corps of the y. President Hoover gave considerable study to the selection of the man to succeed Gen. Jadwin as the head of the Army Engineer Corps, realizing the tre- mendous responsibility to be assumed this officer. The President looked very carefully into the records of the lead- ing officers of the Engineer Corps and it was only after he had devoted much time to the subject that he finally set- tled uj Gen. Brown. In announcing the latter's appointment today no men- tion was made of whether Brig. Gen. Herbert Deakyne would remain as as- sistant chief of the corps. ‘The new chief of Engineers was born in Nashville, Tenn., November 22, 1872. it lips Point, N. Y. American War he was with Arm; and saw service in Cuba. He returned to duty at Phillips Point, N. Y, where he remained until 1900, when he was made acting engineer at Manila. During his service in Manila, lasting two years, he was engaged in numerous surveys and in the construc- tioni of Senta Cruz bridge. Served as Instructor. Gen. Brown ,served as instructor of mathematics, civil and military engi- neering at the United States Military Academy at West Point from 1902 to 1907. In that year he was placed command of Company E, Second Engi- neers, gnd the following year was placed in charge of the engineer district of Louisville, where he was stationed for four years as district engineer in charge of river improvements. In 1912, having attained the ?l'ld! of major, Brown took command of the 2d Battalian of En; at Fort Leavem Kans.; at Antonio and Texas City, Tex,, and with the punitive expedition into Mexico. From 1916 until the entrance of the United States into the World War he in of the United States ts et Nashville , and Chattanooga, He was an’instructor at the first of- ficers’ training ‘camp at Fort McPher- son, Ga., from May to August, 1917, and, having attained the temporary rank of colonel in the latter month, as- sumed command of the 106th Engineers, at Camp Wheeler, Ga., where he served San (Continued on Page 2, Column 5.) (Continued on Page.2, Column 2.) o g R R A S G ORI be autined in detal to Bekisn sour| THERE IS NO JOY IN CHICAGO, office yesterday. u'mum declared in effect that with such a narrow margin as three cruisers between the United States and Great Britain on the qlten’:w:m na;l:: h it was scarcely le mfl‘:u agreement could not be Teacl L. Several pointed out that the arrange- ment must in any case be provisional, pending an understanding With other chief naval powers of the world. Congratulations Offered. Congratulations were offered to the American and British negotiators. The ‘Times “conciliatory aftitude of President Hoover and the untiring tactfulness of dor led that Prime Minister Mac- It recal Donald “profited handsomely by the hard worm his predecessor in the cause of naval understanding.” FRANCE IS WATCHFUL. Some Alarm on Submarine Ideas of 3 u.L-umms;;n. PARIS, September 17 ) —Certain :ecfiomo!mmhw&lle have in erican_naval (Continned on ’CAUSE COOK COUNTY CAN'T PAY| %, g% 4,000 Workers Go Without Salaries When Controller Finds No Funds to Give Them. 7 By the Associated Press. 'CHICAGO, September 17.—It was semi-monthly psy day for .aooo Cook County employes yesterday, but they didn't get paid. County Controller Wil- liam J. Graham saig he doubted if they would be paid for two or ‘three: months. “Our pay roll of approximately $400,~ 000 fell due yesterday, but instead of mailing checks we locked “the rolls up in the vault,” Graham said. “Of course, the employes will-have to be paid some time, but when, nobody knows.” ‘The county board Thursday, will con- sider the. sions on 7 | dieted in d to Yy and served [ o)) “heni WITH SUNDAY MORNING EDITION ny Star, % (/) Means Associated Pres Yesterday’s Circulation, 104,111 TWO CENTS. CONSTITUTION DAY. VERDICT OF SUICIDE INAPHERSON CASE Testimony Reveals Woman Strangled Herself After . Tilt With Husband. Mrs. Virginia McPherson, 21-year-old nurse who was found dead in her apartment Saturday by her estranged husband, Robert A. McPherson, jr., her life choked out by a cord from her pajama jacket, knotted around her neck, died by her own hand,' a coroners Jury, today decided. Mrs. McPherson had called father as his home in Chester, N. C., to complain she had been beaten by her husband, it was testfied at the juest. mhzn_a Edward J. Kelly, chief of the' testified that the fa- she not t he: mmbplmchrgunnlm T Numerous Bruises Found. Before the tuumonl of Lieut. Kelly 'b.; 1nf o~ Dht M. l:‘tl:!!)ondd. who performed an autopsy on young woman's body, last Saturday afternoon, declared that his examination disclosed numerous_abrasions about the young woman’s head and neck, and b on her, hands. Questioned by Assistant United States Attorney W. M. Shea, Mc- Donald admitted that some of the abra- the girl’s head could have been | some time prior to the houf Rogers, who was acting d.% told of being by police to dnvestigate the death of the young-woman, and of finding her lying-on the floor of her bedroom. her face bruised and distorted, agplrem/ly having been dead for 36 | legis urs. It-was testified that .Ill:l’he“nnt in- of & their subsequent agreement to X He admitted, ueul'.rl(clly sald, t he Fifth | made his last visit to his wife's apart- ment Thursday night, which was cor- roberated by his mother, who said she Phone on inat nightand was.nformed e on tha al orm¢ Mrs. McPherson, Jr.,wmben had been there, but had left after she made & vain attempt at reconciliation. Did Not Want Money. In her telephone comm ition with her 'mother-in-law Mrs. [cPherson said, sobbingly, that she begged her husband to come back to her, but her entreaties were in vain. When they te, ‘the young husband ive his wife a sum of money in a bank, but when talking to her mother-in-law Thursday night, the young woman said, “I am going away, and you won't see me any I won't need the money, and you tell Robert not to bring it.” vised by her mother-in-law to remain I uicide by taking gas, but al q covered and revived by Dr. koski of mefllxen ital. cy band inform Konce occasion_his_ wife had _place around her neck and tried to commit suicide by drawing the ends together, when he atopped her. FOG-BOUND' AIRPLANE ENDS ENDURANCE FLIGHT Landis’ Son First Air-Crash Coroner Named in Chicago By the Assoclated Press. CHICAGO, September 17.— Maj. Reed Landis, war flyer, and son of Base Ball Commissioner K. M. Landis, today was commis- sloned a deputy coroner of Cook County, in charge of aviation in- vestigations. Coroner Herman N. Bundesen announced the appointment was decided upon because of the diffi- culty in obtaining evidence after air crashes. EAN ADVEGATE BAN ON PARKING Senator Recommends Grgd- uval Elimination, Day and __Night, on Main Streets. Gradual elimination of all automobile parking, both day and night, on main thoroughfaeres of the District was ad- vocated by tor Kean, Jtepublican of New Jersey, at the opening of hear- ings today before the traffic subcom- mittee of the Senate District commit- tee. The New Jersey Senator asserted it to be-his belief that existing time limits“on parking are not enforced. “ The inquiry was started primarily to take up Senator Kean's suggestions re- garding parking, but during an hour of discussion with Traffic Director Har- land, Senator Hastings, Republican of Delaware, chairman of the subcommit- also, developed recommendations utomobile title law, for some for an lation on the subject of financial responsibility of drivers and fer an ap- propriation to pay for annual 'traffic surveys, to enable the authorities to :1‘:[5 abreast of changing traffic con- ns. Objects to Public Storage. Senator Kean explained, following the meeting, that he did not object to r’:kmz a car for one or two hours, but t his criticism was directed at the prac tice of “using the city streets as storehouses for automobiles.” To illus- trate his contention, the Senator said that the owner of a cow would not be permitted to let it graze in a public park, and he does not believe there is any more reason for permitting a %t:mwswn-monmwbuc way. When the question of abolishing broached, Traffic Director parking was Harland said it was a question that would have to be approached gradually, adding that a survey a few years disclosed that the city is short by about 50 per cent of sufficient e space for all the automobiles operated here. “I am in qg‘w-my think you should stop all parking to- morrow,” Senator Kean replied. “But, 15/ T am not in sympathy with the source that you should not do something.” Mr. Harland said his thought would be to take some one section of the city where parking is very bad and with a gradual approach to the problem. To Senator Kean responded that he thought the shauld go before the District Commis- sioners with recommendations regarding g i taks’ 6 biniries streets, and ask to on the > Dusiness sticets, and all hight with that, T don’s | Rice. parking, so that people can to the stores %o trade,” Semwr‘xe:;t Believes Limits Not Enforeed. Director Harland explained that the District already has parl time limits on all downtown strets in t Jersey Senator id | lieve the existing rules on parking were discuss the, further, Director Harland told the subcommit- tée they would find policemen in .the downtown section marking automobiles for overtime parking. b Senator, Hastings asked Mr. Harland GRIFFS TAKE FIRST OF AYSBIL 4 Detroit Ties Score With Alex- ander’s Single in Sixth. Sam Jones on Slab. BY JOHN B. KELLER. Washington won the first game of the double-header here this afternoon. ‘The score was 4 to 1. Sam Jones and Victor Sorrell were opposing pitchers as the first game of the double-header started. Only a few hundred were present L' the contest got under way. e ander. No runs. ASHINGTON —Akers _threw out Sam Rice singled to center. to Rics to b 4 1 ‘sending Myer to ‘Alexander, Beoring. Goslin ?lnc to sec- ‘West singled to right, and Gosli to score from second, was, caught at the plate, Johnson to Hargrave. One run, 3 ki_:ctmn INNING. DETROIT—H. Rice flied to Goslin, McManus lined to Hayes. Akers singled to left. Akers stole second. Hargrave fanned. No runs. ‘WASHINGTON—Sorrell tossed out Tate. Cronin flied to Stone. Hayes flied to Harry Rice. No runs. THIRD INNING. - DETROIT—Cronin threw out Sor- rell. Johnson went out, Judge-to Jones, covering first. Gehringer flied to Gos- lin. No runs. WASHINGTON—Jones was called out on strikes. Gehringer threw out Judge. Sam Rice was safe when Alex- ander dropped the throw from Sorreil. Sam Rice attempted a delayed steal to second and was caught, Sorrell to Akers. No runs. FOURTH INNING. DETROIT—Cronin threw out Stone. Alexander flied to Sam Rice. Harry Rice fouled to Tate. No runs. mpuled to McMan ‘West singled o us. Wes! e to center. West went to second on a ball. Tate grounded to Alex- passed ander. No runs. FIFTH INNING. DETROIT—McManus fanned. Akers singled to left center. Hargrave flied to West. Sorrell fanned. 3 WASHINGTON—Cronin singled to center. Hayes was called out on strikes. Jones bunted a pop to Sorrell who 'w_ to Alexander, doubling off first. No runs. SIXTH INNING. 'DETROIT—Johnson flied to Sam hringer lined to Judge. Stone L Ju made & cne- of ?l:n'q Rice's lo llnzl ver gerhor‘l.'u_vrm&f leg:lea 1t le_ot center. Sam Rice beat out a bunt for a single, moving Judge to second. Alexander, who fielded the ball, threw wild, Judge going to third. Goslin flied to Harry Rice and Judge scored after the catch. Myer fanned. Sam Rice stole second. West doubled to left' center for his third hit of the game, scoring Sam Rice. Tate flied to H. Rice. ‘Two runs. SEVENTH INNING. DETROIT—Hayes threw out Mc- Manus. Hayes also threw out Akers. wve singied to center. ~Hellmann batted for Sorrell and walked, =Tate threw out Johnson. No runs. ‘WASHINGTON—Page, a left-hander, now pitching for Detroit. Cronin walked. , sacrificed with a bunt to Alexander. McManus threw out (Continued on Page 2, Column 3.) tying run. handed _catch liner. One run. a w | tally. He was unarmed. RULING SAYS BOARD CAN GOMPEL JOINT USE OF CAR TRACKS Bride’s Decision Gives Strength to Commission’s Demand for Traction Merger. STREET RAIL COMPANIES OPPOSE COUNSEL’S STAND Opinion Also Makes Request for Increased Fare Less Likely to Be Granted. ‘The Public Utilities Commission has legal authority to order the unified operation of the street car lines of the Capital Traction Co. and the Wash- ington Railway & Electric Co. in order to effect economies, Corporation Coun- sel W. W. Bride informed the Commis- sioners today in a formal opinion. The Utilities Commission had sug- gested ordering joint use of certain competing tracks to cut down the cost of operation of the lines as an alterna- tive to voluntary merger. The effect of Bride's opinion is to fortify the position the commission has taken in reference to bringing about compulsory joint operation unless the companies agree on a merger basis. The position of the Public Utilities Commission is that economies effected through joint operation wquld make it unnecessary -for the Capital Traction Co. to seek a 10-cent fare. Commission’s Stand. ‘The commission contended through- out the present rate case that thousands of dollars could be saved in operating expenses by the joipt use of such fa~ cilities as tracks and car barns. er cconomies could be effected, the eom- mission has maintained, through a con- solidation of the routes of the two com- panies, so as to facilitate service. The companies have oppesed such an op- erating plan. Traction officails denied the right of the Public Utilities Commission to com- pel joint operation without corporate merger of the two companies. They also entered in the record testimony and documentary evidence tending to offset the claim of the commission that any justifiable economies cowld be effected through joint operation without a merger. : ‘With the question of legality to com- pel joint operation in dispute, the Public Utilities Commission requested Corporation Counsel Bride for an opin- ion. The opinion, handed down today, will greatly strengthen the hands of the commission, it was believed, in forcing a Trac- tion and W: Elec- tric companies. Bride’s Opinion. After quoting from the law and out- lining the problem confronting the oon:,mizmn. Mr. Bride’s opinion con- cludes: “The mandate of Congress is that the act shall be interpreted and construed liberally in order to accomplish the pur- poses thereof. It cannot be denied that one of the purposes of the act was to furnish the best service obtainable to the public and yet maintain for the public utilities a fair return to law. “If the joint use of facilities of two of the Capital Rallway & traction utllities would afford a greater | Pl benefit to the public and still maintain for the companies a reasonable return, then certainly the power of the Commis- sion to order such joint use of facilities cannot be doubted.” —_———— FUGITIVE IS SLAIN BY DETECTIVE’S SHOT iz Man Made Gesture as if Reaching for Gun, Says Officer in Case. By the Associated Press. NIAGARA FALLS, N. Y., September | 17.—The body of ‘& man identified as rge Holland, fugitive from Wetzel County, W. Va., was held by authorities here today after he had been shot by a detective. A request from the sheriff of Wetzel County asking Holland's arrest was ac- companied by a warning that he would be armed and offer resistance. Detec- tive Terrence G. Reilly was sent to ar- rest him. Reilly said that when called upon to surrender Holland made a ges- ture as if reaching for a gun. The de- tective fired, wounding the fugitive mor- Holland was_traced by a letter he wrote to his wife, who is in jail in New Martinsville, W. Va., in connection with 50 robberies in Ohio River communities, for which her husband was wanted. Holland and Homer Cologne escaped from an automobile while on the way from Portsmouth, Ohlo, where they were arrested, to New Martinsville. Cologne has not been recaptured. FLYERS FOUND SAFE. ALBU%UWUE. N. Mex., September 17 (#).—Apprehension over the where- abouts of a pilot and two Douglas, Ariz. O rio was composed of Pilot Wil- liam Cutter and D. E. and H. K. Dalbey. 100,000 CUBIC YARDS OF EARTH & ' SLIDE ON FLOOD CONTROL DAM [z Work' BACKMERFNED SOODNTWOOL CONTEMPT CASES Justice Siddons Hands Down Decision After Supreme Court Hearing. WARNING TO WITNESSES IN FUTURE INQUIRIES $100,000 in Liberty Bonds Seized Under Walsh Act to Remain in Custody of U. S. Justice Frederick L. Siddons in Dis- trict Supreme Court today held Harry M. Blackmer guilty of contempt of court for his failure to testify in the oil cases and fined him $30,000 in each of the two cases, with costs. Immediately after the justice had handed down his decision, following the hearing of extended argument and tes- timony, yesterday and today, George Gordon Battle of New York, Blackmer's counsel, noted an appeal to the District Court of Appeals and Government at- torneys agreed to accept a mnominal bond of $1,000. Justice Siddons as- serted that this ruling would serve as a warning to those disposed simflarly to Blackmer, by failing to give testi- mony when summoned by their Gov- ernment. Blackmer hn.s,\)een living for some years in PFrance and eluded the efforts of United States ern- ment agents to locate him until he was served. With the subpoena. .~ U. 8. Will Hold Bonds. Owen J. Roberts, special prosecutor for the Government in the oil cases, who insisted Blackmer should be pun- ished, explaining that pending the ap- peal, the $100,000 in Liberty bonds, seized as Blackmer’s property under the ‘Walsh ?fit whe.:xn Bilnukmer failed to ap- pear, will' rem; the custody of the U. S. marshal here. Justice Siddons falled to subscribe to the contention of Mr. Battle that the Walsh act was unconstitutional and hence the issuing of subpoenas under it was null and void. : In final arguments, Mr. Roberts as- serted that Blackmer was the missing link in the trials of Albert B. Fall, for- mer Secretary of the Interior, and Harry F. Sinclair, Gow a prisoner in the District Jail. The Government's hands, he said, were tied because of the ab- sence of Blackmer. Justice Siddons, in his review of the case, agreed with this contention and expressed the opinion that the testimony of Blackmer ‘was vital in the proper presentation of charges in the trial of Fall and Sinclair. - Attorney Makes Plea.” Mr. Battle sought to excuutheub-v sence of his client on the grounds that second trial, when Sinclair was ac- quitted, there was no great harm done to the Government's case by failure of Blackmer to appear and testify. Blackmer simply did what hé thought h; !;ndd a1 G to do, Mr. Batile fuatst- ed, adding re was nothing “con= tumelious” in Blackmer’s conduct. Justice Siddons made it clear that he was not engaging in any criticism of the acts of counsel, expressed or im- “I have no doubt that they advised him according to their consciences,” Justice Siddons said. “That doesn't excuse Blackmer.” ‘The Justice said that it was his opin- ion the Government was put to consid- erable expense in endeavoring to ascer- tain the whereabouts of Blackmer. Battle took the witness stand this morning an dadvised Justice Siddons it he had seen Blackmer in Paris, had advised him that several préminent attorneys had rendered their opinions that the Walsh act, under which the Government seized $100,000 worth of Blackmer’s property for failure to com- ply with the subpoena was unconsti- tutional, and that the subpcoena was likewise invalid. Roberts of '~ Government _counsel illicited from Mr. Battle on cross-ex- amination, that Mr. Blackmer was in- formed of penalty that would arise, should the attorneys be in_error in their opinions, holding the Walsh act unconstitutional. Mr. Battle said that he did not know if Blackmer had withheld his address from the United States Government while living in France. In argument, Mr. Battle contended that there was no session of the Dis- trict Supreme Court dealing with the oil cases on A 2, 1928—one of the dates on W the Government says Blackmer was to have appeared in. ‘Washington. The case was not on the calendar he insisted and it was not called, so that Blackmer could not be held u‘licontempt of court for failure to nd. Justice Siddons sustained an objec- tion of Government aimed at the relevancy of Mr. Battle's conten- tion. Mr. Roberts told the clerk of the court that there was no proffer of testi- mony that the witness in question was here on April 2 and obeyed the sum- mons of the court. As Mr. Battle took the witness stand his_associate counsel, Karl D. Milliken of Denver, Colo., conducted the exami- nation. Justice Siddons interposed a query as to the qualifications of Mr. Battle as an attorney, and Government counsel further lc&u:uced at the jus- tice's suggestion t there was no iy | question about this, the witnes stand Mr. Battle advised the court that Blackmer or- iginally came from Massachusetts, but went West for his health end that he ‘was an attorney at law. ' Mr. Roberts Ol the - contention m& “al‘ylckmer could on. 525,060,’0’00 Project Halted When' Side of | French counse e Mountain Is Lowered 8 to. 10 Feet.