Evening Star Newspaper, September 20, 1929, Page 56

COURT WILL RULE ON JURY TRIALS Appeals Tribunal to Decide Whether Defendant May Demand Talesmen. Whether jury trials may be demanded n any Police Court cases will be decided by the Court of Appeals of the District of Columbia. = The higher court yester- cay agreed to hear a case involving this point when Chief Justice Martin granted a writ of error in a Police Court case. The case bringing the point to a tocus is that of William H. Colts vs. ‘The District of Columbia. Attorney William B. O'Connell, ap- pearing for Colts in the appelate tri- bunal, advised the court that his client was accused of reckless driving on July 19 last on O street southeast. An in- formation was filed against him on the day following, the court is informed, and on August 6 the case came up before Judge McMahon in the District | branch of Police Court. Says Trial Was Refused. Counsel recites that his client pleaded not guilty and requested the court to grant him a jury trial, which was re- fused. Noting an exception to this rul- ing, Colts was tried before the judge alone, and upon being found guilty was sentenced to a 30-day jail term. In his brief filed in the Court of Ap- peals O'Connell argues that the act of March 3, 1925, amended July 3, 1926, provided that trial may be had before a Judge alone, except in cases where the fine or penalty may be more than $300 or imprisonment more than 90 days. The accused may demand a jury trial, the court is informed, under Section 2, Article 3, of the Constitution of the United States, The right of trial in all crimes, except cases of imprisonment, shall be by a jury, and so much of the act of Congress as attempts to deny to the defendant this constitutional right is unconstitutional and void. Counsel sets out that the defendant did not waive a jury trial, but, on the other hand, demanded a jury trial in Police Court. Asks Conviction Be Set Aside. Colts asks the court to set his con- viction aside and that he be granted a trial by jury. Objections to the arguments of the appellant were filed by Willlam W. Bride, corporation counsel for the Dis- trict, and his assistant, Chester Gray. They contend that Colts is not entitled to a jury trial under the Constitution nor under Section 44 of the District of Columbia Code. — THREE RESCUED ALIVE FROM MINE IN IDAHO Barricade of Imprisoned Men Reached by Heroic Crew Dashing Through Flames and Smoke. Ev the Associated Press. WALLACE, Idaho, September 20.— Three miners trapped in a tunnel of the “Terrible Edith” mine at Murray since yesterday morning were rescued alive last night by a crew of men from the Hecla mine, who plunged through flames at the mine portal and groped through swirling smoke until they reached the barricade behind which the imprisoned men crouched. ———— DOUKHOBORS DEFEAT COMPULSORY TRAINING Saskatchewan Official Abolishes School Measure in Favor of Nude Paraders’ Cult. By the Associated Press. PRINCE ALBERTA, Saskatchewan, September. 20.—The Doukhobors, 59 of whom were jailed for staging a nude parade near Canora, have won their fight against compulsory military train- ing in the schools. A radio dispatch from Waskeskieu Lake, Prince Albert National Park, yes- terdav sald J. A. Merkley, minister of labor and®industries in the new Sas- katchewan cabinet, announced that the government had agreed to abolish this part of physical training as a com- pulsory measure, and the Doukhobors would be allowed their freedom shortly on_agreement to live as lawful citizens. PENS | KEYS REPAIRED DUPLICATED ADAMS NEWS DEPOT, 902 G ST Your Favorite Negative 8x10 Enlargement See us for 35c Developing and Printing A Re- markable Value Nurses’ Oxfords White and black kid and white Widths AAA to EEE. Sizes 215 to 9. ‘9 726 7th St. NW. IIIllllliIIIIflIIIIIIIIIIlIlIlIIIlIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII OPEN AT 8:30 A.M. 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Bhllo— “College Love,” at 11:50 am., ’ 1:50, 3°50, 5:40, 7:40 and 9:40 p.m. Metropolitan—"Say It With Songs,” with Al Jolson. second week, at 10:30 am., 12:15, 2:05, 3:55, 5:45, 7:35 and | 9:25 p.m. \ Columbia—* “The Mysterious Dr. Fu Manchu,” with Warner Oland, second week, at 11 am., 1:05, 3:20, 5:30, 7:40 and 9:50 p.m. Little 'l‘hukr — “The Nymph,” time not given. ‘Ambassador—"Honky Tonk,” at 6:15, Tivoli—“The Man and the Moment,"” at 2:30, , 6:05, 7:50 and 9:40 p.m. Central—“Broadway Babies,” contin- uous from 11 am, to 11 p.m. SR I. 0. 0. F. Picks Indianapolis. HOUSTON, Tex., September 20 (#).— Indianapolis yesterday was chosen as the site for the 1930 world convention of the Odd Fellows and associate organi- bur- Constant = 0gg® Expert Fittings ‘The ability to fit trusses, elas- tic hosiery and abdominal sup- porters perfectly cannot be acquired except by long experi- ence. Gibson's fitting staff Las been doing this work faithfully and skillfully for many years. 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B TAKE A MOONLIGHT TRIP DOWN THE POTOMAC STEAMER _MAYFLO WER Wednesday, Thursday, | s nd N THE HUMAN RAD!O PUBLIC LECTURE—LESSON ns, From the Plat- EUGENE FERSEN Tonight, Friday, 8:15 Sharp Masonic Temple Auditorium New York Avenue and 13th Breet. Tickets, §2—Reserved Sea th r 8 Beath pien) “at Returaing o1 1P Round Trip, 15c Music, Dancing, Refreshments You'll Regret It It You Miss These Two Ent Ti"You Have Another Date, Breax T " STARTS | TOMORROW « A NEW SENSATION \ The Biggest. Greatest and Most Glorious Achievement of the Screen You'll Get the Thrill of @& Lifetime When You See A Warner Bros. phone Picture, With the Greatest Cast Ever Assembled WINNIE LIGHTNER ANN PENNINGTON NANCY WELFORD NICK LUCAS CONWAY TEARLE LASTY AL JOLSON IN DAY = “Say It With Songs” at 11:30 Darip,, Funpys Yesr LAST| THE YEAR'SDRAMATIC HIT DAY®s “FAST LIFE” lsth and Ga. Ave. & Farragut St. AMBASSADOR _ ci®%a. COLONY KER BETTY COMPSON AND HONKY NK" _ (100% ALL- GRANT, WITHERS in “THE T TALKING AND SINGING PIC- PLACE “AND " THE - GIRLY IURE). MACK SENNETT COM- | Tao TRLE ALKING PICTURE). ED! MACK_SENNETT COM! APOLLO 6% H St. NE. HOME 1230 C St. NE. T e ¥ o rALENG | ToDAY—MARY ASTOR in (A TALKING > b PICTURE). | "WOMAN FroM HELL 45 Pa AVENUE GRAND 472 %% SAVOY I TODAY—_SPECIAL _CAST in “THE STRANGE CASE OF CAPTAIN "LEASE 1 ___RAMPER." e Tlvou " l4th & Park Rd. N.W. L 9ih St. Bet. D and E o % TODAY_BILLIE DOVE AND R ‘TODAY—ALICE WHITE ln “BROAD- AROCQUE |;; “THE MAN AND A (1007 ALL- T, \ND 'DANC- THI (A TALKING FiAge gcro & __ oty AVALON YORK G ive. & Quebu St. N.W. AY — WM. BOYD in_ “THE- WISE FAZENDA RNECK " (A _TALKING UEB OF HDRROR PICTURE). MACK SENNET COM- G PICTURE). EDY. “THE Conn. Ave. MeKinley AT _THESE THEATRES~- District of Columbia. THE EARLE—Thirteenth and F streets northwest. RIALTO—Ninth near G northwest. AMBASSADOR—Eighteenth and Co- lumbia road northwest. APOLLO—624 H street northeast. AVENUE GRAND—§45 Pennsylvania avenue southeast. CENTRAL—Ninth street between D and E. AVALON—Connecticut - avenue and McKinley. street, D. C. COLONY—Georgia avenue and Far- ragut street. HOME—1230 C street northeast. TIVOLI—Fourteenth and Park road northwest. YORK—Georgia avenue and Quebec street northwest. REPUBLIC—1343 You street north- west. AMERICAN—Roanoke, Va. JEFFERSON—Charlottesville, Va. NEWPORT—Norfolk, Va. RIALTO—Danville, Va. COLONIAL—Winchester, Va. STRAND—Staunton, Va. BROADWAY—Danville, Va. NEW-—Lexington, Va. MASONIC—Clifton Forge, Va. OLIVER—Crewe, Va. BROADWAY—Hopewell, Va. COLONIAL—Fredericksburg, Va. VIRGINIA—Harrisonburg, Va. REGAL—Urbanna, Va. £ TOWN HALL—Tappahannock, Va. WEISS—Emporia, Va. STRAND—Roanoke, Va. AUDITORIUM—Onancock, Va. RITZ—Chatham, Va. BEDFORD—Bedford, Va. BOTETOURT—Fincastle, Va. EMPIRE—Saxis, Va. NELSON HALL—Lovingston, Va. OPERA HOUSE—Bassett, Va. FIELDALE—Fieldale, Va. FRANKLIN—Rocky Mount, Va. GATES—Portsmouth, Va. NATIONAL SOLDIERS’ HOME—Na- tional Soldiers Home, Va. MANHATTAN—Norfolk, Va. IDLE HOUR—Petersburg. Va. KELEY—Relee, Va. NEW-—Woodstock, Va. STRAND—Strasburg, Va. NEW MAREKET—New Market, Ua. JEFFERSON—Brookneal, Va. CAMEO—Lawrenceville, Va. Acvfl-ws HIGH SCHOOL—Bena, STANTON—515 C street northeast. HAPPYLAND—1020 Seventh street northwest. DUNBAR — 1901 Seventh street northwest. Maryland. MARYLAND—Hagerstown, Md. CAPITOL—Cumberiand, Md. II"C.I'.I.\TION HALL—Indian Head, UNIVERSAL—Shady Side, Md. LLOYD—South Cumberland, Md. MARYLAND-—Frederick, Md. NEW—Elkton, Md. TOME SCHOOL—Port Deposit, Md. LEE-JACKSON HIGH SCHOOL— Mathews, Va. West Virginia. BRIDGE—Pelersburg, W. Va. OPERA HOUSE—Piedmont, W. Va. PRINCESS—Lewisburg, W. BERKLEY—Berkley Springs, W Va. BRIDGE—Paw Paw, W, Va. STATE—Westminster, Md. IMPERIAL—Brynswick, Md. PALACE—Frostburg, Md. 5 w .