Evening Star Newspaper, October 2, 1929, Page 1

WEATHER. (U, 8. Weather ‘BureAu: Porecast.) Rain this afternoon, partly ecloudy and cooler tonight: tomorrow fair; slow=- ly rising temperature. ‘Temperatures: Highest, 75, at noon to- day;: lowest, 53, at 5 a.m. today. Full report on page 9. Closing N. Y. Markets, Pages 14 and 15 No. 31,200 Entered as second cl: post office. Washington, matter ;G TWO SLAIN, 21 HURT INNEW STRIKE RIOT AT CAROLINA MILL Union and Non-Union Workers Clash When Picket Line Is Formed by Employes. SHERIFF AMONG THOSE INJURED IN FIGHTING @overnor Asked for Troops to Quell Disturbance and Restore Order in Town. By the Associated Press, MARION, N. C, October 2.—Two men were killed and 20 men and one woman wounded, 12 of them seriously, in a battle between union and non- union workers at the Marion Manu- facturing Co.'s cotton mill here today. The trouble started at 1 o'clock this morning, when 80 members of the United Textile Workers of America, which recently settled a strike at the mill, walked out and formed a picket line outside the mill gate. At 6:30 o'clock this morning, when - shifts changed, several fights started. Sheriff O. F. Adkins and a number of deputies intervened. Some one fired & shot, and in a few minutes there was a general fusillade. Dead and Wounded. ‘The dead are: Sam Vickers, union member. Randolph Hall, union member, ‘Those shot were: T: L. Carver, Coon, W. M. Sparks, Miss Lucy S} s, Rome Minish, L. S. Long. W. S. Black, Kermit Fender, Elsie Ballard, Luther James Roberts, John Wykle, George McComb, George Jonas and Deputy Sheriff Taylor Green. Sheriff O. F. Adkins and Deputies William Biggerstaff, Ed Cannon and Allie Stepp were painfully but not seriously injured with clubs. Fifteen of the injured are in the Marion General Hospital. The source of the first shot was not definitely learned. Sheriff Adkins said that he did not know where the first shot came from, but that he thought it came from the picket line. He said that & number of those wounded had been shot down by their own people, asserting that one man standing beside him fell as a number of shots were sent in_his direction. Sheriff Adkins announced that he had telegraphed Gov. O. Max Gardner ask- ing for troops. Run as Open Shop. Thefi u-rleln Mmu‘!;cturmg Co. Te- sumed operations on an open-: three v}:!h ago after having been elosed for two months, due to a walk- out of many of their employes who were members of the United Textile ‘Workers' Union. This strike was followed by closing down of the Clinchfeld Manufacturing Co.’s mill, two miles distant. There were a number of clashes at the Marion Manufacturing Co. mil during the early days of the strike, but nobody was seriously hurt. When the Clinchfield mill prepared to resume work two companies of National Guards- men were sent to the village, but as no trouble occurred, they were brought to Marion and billeted. Later a non-union worker moved into ® company house at the Clinchfield mill and alleged strikers and sympathizers threw the furniture out of the house and beat deputy sheriffs who interfered. The troops were sent back to the vil- lage and two additional companies call- ed out, Nearly 100 persons were arrest- ed and 54 were indicted by the jury on charges of inciting to ri and rebellion. Say Terms Violated. Txo weeks ago, through the good of- fices of N. A. Townsend, executive coun- sel to Gov. O. Max Gardner, the strikes were settled. Union workers have claim- ed that mill executives have failed to live up to the terms of the settlement. Just what caused the trouble today had not been ascertained several hours after it occurred. ‘There still was a crowd around the mill at 10 a.m All of those shot except Kermit Fen- der and Elzie Ballard were members of the union, it was stated. Officials of the United Textile Work- ers of America, who ';‘M‘led the str}::_ early today, gave as their reasons orde’nn tlze 5'.Hkout. that mill officials had failed to carry out terms of the agreement by which the recent nine weeks' strike at the mill, which is lo- cated in East Marion, was settled; that more than 110 former striking em- ployes had not been given employment, as agreed, and that mill foremen would ot hear the grievance committee. Mill officials asserted that a number of the strikers refused to accept their old jobs. COSTE IS REPORTED SEEN OVER BORDER Manchurian Angle Adds to Mys- tery Surrounding ‘Whereabouts of Famed French Pilot. A iated Press. ";;(;BO“(';EW. October 2—A Chita dis- patch to the Soviet civil aviation authorities todsy—unconfirmed else- where—said Capt. Dieudonne Coste, French. aviator, was sighted “over the Manchurian border” September 30, three days after he left Le Bourget with Jacques Bellonte, mechapic, for Viadivostok. At the same lfimfe the Klumfldu r. tch from on Tt R dmm miles ast of tsk, that the two aviators in thelr plane the Question.Mark had been ue;l:;m that fl:',;ed s»ndlz 3{1;11- ‘been repol . ‘n&’hz“ upshot of the conflicting reports ‘was that more mystery than ever was thrown about the whereabouts of the . who left with gasoline enough :ow.ok;;nmem in the air only for about 50 hours, that is, until noon Sunday. hoped to fly 5,000 miles eastward ghe{rkutp:: Slbeyfll, before refueling. breaking existing records for long dis- tance Sight. The previous record was that of 4,358 miles established by the Italian aviators, Delphete and , in a flight last year from Rome.to Brasil. e Radio Programs—Page 39 - COALITION SLATED 10 WIN'ITS FIGHT ON TARIFF SSUE Administration Leaders Admit Lack of Votes on Flex- ible Clause. SENATE LINE-UP SHOWS 49-T0-46 BALLOT COUNT A Democntic-l(mblicnn-l’mxru- sive Victory May Mean Re- vision of Measure. ‘The Democratic-Republican-Progres- | sive coalition in the Senate will win its fight on the so-called flexible pro- visions of the tariff bill, it was admitted today by administration leaders in the Senate, The line-up in the Senate a8 it stood early this afternoon before the roll was called showed the coalition prevailing by a vote of 49 to 46. There is one vacancy in the Senate. Desperate efforts have been made by both sides to keep their votes in line. Unless the unforseen happens, however, the coalition will win, it was said. Backed by Hoover. President Hoover has strongly recom- mended that the flexible provision be retained, giving the President authority to raise or lower by 50 per cent the rate of duty charged on an imported article under the tariff law, after the United States Tariff Commission has investigated and reported its findings M. | and recommendations to the President. ‘The President in this fight in the Senate will be defeated, if the vote goes as now indicated by much the same coalition that placed in the farm relief bill the so-called debenture clause. The House stood back of the President in the debenture fight and eventually the Senate had to yleld and the farm bill became a law without the debenture. The probabilities are there will be an- other fight between the Senate on the one side and the President and the House on the other over the flexible provisions in the tariff. May Rewrite Bill, A victory by the coalition will be hailed as an indication that the coalition will rewrite the tariff bill to suit itself. The hour of the vote on the issue whether the Chief Executive shall con- tinue to exercise authority to raise or lower tariff rates, after investigation by the Tariff Commission, was uncertain, but many felt that it might come be- fore nightfall, or tomorrow at the latest. Today the Democrats, recognizing the need of every possible vote, were look- ing to the arrival from Europe of Sena- ‘basis | tor Copeland of New York te strengthen and | jq their position. While conceding 4 or 5 minority votes to the Republican regulars, they were counting on 12 or 14 Republican independent ballots to support _their view. The Republican leaders, meanwhile, were depending heavily on additions to their strength from the minority and the swaying to their cause of the re- maining doubiful Senators of both parties. Senator Watson of Indiana, the majority leader, clung to the opin- ion that the issue would be settled by a “very close” margin. Democrats Apparently Confident. ‘The Democratic leaders believed they had strengthened the appeal of their | 8 proposal, which would limit the Presi- dent's authority to reporting Tariff Commission findings to Congress, by accepting an amendment by Senator gg:‘l;.m R‘ehpl:béemn, Ne\;;un, which af ngress, considers Such tarlff revision proposals, should b lh:‘l’ud to act on the rate or rates spec- Another amendment by Norris which the Democrats had agreed to incorpo- rate in their proposal would require the commission to make its reports to both Congress and the President. This was designed to meet the contention that the President should not have power to pigeonhole reports. Tariff observers were asking thenr- selves today what would follow if the Democratic plan prevailed. Some thought the opposition then could do as it pleased and write its own_tariff bill. Others, however, believed a Demo- cratic victory would not necessarily mean a general rewriting of the re- maining sections of the bill. Senate Debate Protracted. Nearly a dozen speeches were made yesterday. Incidents of the last presi- dential campaign were received. Sen- ator Allen, Republican, Kansas, speak- ing for the flexible provisions, said he had “waited in vain for the repetition of some words of Democratic leadership upon this subject which became so fa- miliar to us all during the recent politi- cal campaign.” He said the words of John J. Raskob and Alfred E. Smith on the tariff were not reconcilable with those now being uttered by Democrats in the Senate and asked whether they “were playing politics then for campaign pus rposes, or if they are D!.!ying politics now for | to party purposes. Replying, Senator Tydings, crat, Maryland, said he was sorry that Allen by- innuendo had “waived the bloody shirt of partisanship’ in ‘such a sclentific discussion. He also rege ted that the Kansan's co-worker the clmg:el(n (Willlam Allen White) had not been brought forward to retract the campaign words which Tydings said had cast aspersions upon the personal character of Alfred E. Smith. Three Are Killed in Crash. DEFIANCE, Ohio, October 2 (F).—A Demo- woman and two children were. killed and another child is expected to die, as the result of a crash on a railroad crossing this morning at Standley, east of here. WASHINGTON, D. C, CONGRESSMEN GET COURTESY OF PORT Free Entry Ordered if Absence From U. S. Is Because of Official Business. By the Associated Press. The Treasury today issued orders that Congressmen and other high Gov- ernment officials are entitled to free entry when they return from abroad on Government business and to courtesy of the port when they return from pleasure trips. The instructions super- sede previous orders. ‘The new regulations provide that ex- pedite orders are issued in cases where a passenger is accompanied by a de- ceased relative or friend, is seriously ill or infirm or has been summoned home by news of affliction or disaster. Courtesies Granted. “Distinguished foreign visitors and: ‘high Government officials are also given expedite orders in cases where, under the rules, they are not entitled to free entry,” the order read. Distinguished foreign visitors are generally given this courtesy upon request through the State Department. “High Government officials, including Congressmen, are given these orders direct by the Treasury Department. Congressmen and other high Govern- ment officials are entitled to free entry, which means that they do not have to pay duty when they have been abroad on Government business. When they are returning from abroad on private business or pleasure trips, they are iven the courtesy of an expedite order, which does not carry with it free entry.” Action Is Explained. Assistant Secretary Lowman, who issued the order, explained that Repre- sentative Louis Douglas of Arizona, who was transferred at quarantine to a cutter yesterday and sent ashore, was extended this courtesy because he had been to Europe to visit his father, who was ill, and was anxious to hurry back to_Washington to assume his duties. Lowman said the orders which now permit Congressmen to receive the courtesy of the port and have their baggage expedited when they are re- turning from pleasure were issued because they are high Government officials and entitled to such courtesy. SOVIET FLYERS READY FOR SEATTLE FLIGHT Plane Is Tuned Up for Take-Off From Sitka ‘“Regardless of Weather Conditions. By the Associated Press, SITKA, Alaska, October 2.—The Russian monoplane, Land of the Sov- jets was tuned up here today for a take- off, “regardless of weather conditions,” for Seattle, the next stop on its flight from Moscow to New York. Seattle is 700 miles from here. The Russians tested their motors thoroughly yesterday and expressed sat- isfaction with the result. The plane previously had been fueled and made ready for the flight, which is expected be less hazardous than the hops across the more Northern Alaskan waters. ‘The four fiyers were completely rested, after making their flight here from Seward Sunday, and were confi- flenc of making Seattle without diffi- culty. From Seattle they will fiy down the coast to San Francisco, and then.to New York, via Chicago. An elaborate welcome awaits them in Seattle. = . Col. Cowin Dies of Heart Attack. NEW ORLEANS, October 2 (#).—Col. William Benton Cowin, commanding officer of the New Orleans Army supply base, died here today sudden heart attack. He was 54 years of age and a native of Omaha, Nebr, where his body will be sent for burial. ening - WITH SUNDAY MORNING EDITION SHERLLOCK SHOWN, Griffs May Play Macks Here Friday In Double-header Connie Mack's Athletics, new champions of the American League, may be seen here Friday in.a double-header with Wash- ington's base ball club. Rained out in Philadelphia yes- terday and today, the Nationals left for Washington at noon, as the Athletics have no more home dates available for a play-off of the two scheduled games. Although the new champions are not regularly slated to play again until Saturday, when they will face the Yankees in New York, the remaining dates this week in Philadelphia belong to the Phile lies, the National League club. President Clark Griffith of the the the Nationals has telephoned Athletics’ officials asking transfer of the postponed games to Griffith Stadium, and this may be done. The Philadelphia offi- clals arg to inform the local office later today whether they will send the Athiletics here for the play-off. TROPGALSTORWS CENTERDUE HERE fiureau Expects Only Slight, Wind Velocity, With Fair Weather Ahead. The rain which has fallen on Wash- | ington intermittently since Sunday, to & depth of more than three inches is expected to cease late this afternoon with the passage over the city of the center of the storm which has imperiled life and destroyed property in the Bahamas and along the coast of Filorida. The United States Weather Bureau attributes the rain here to atmospheric disturbance caused by the storm. The winds last night were its edge. This afternoon the center of the storm will have passed over Washington and the city will experience another compara- tively mild blow as the other side of the circular disturbance strikes it. Forecaster’s Prediction. According to the weather forecaster, the winds will not reach sufficient violence to cause damage of any moment. Last night the wind blew with 4 velocity of about 30 miles an hour, and this afternoon it was not expected to exceed a speed of 25 miles an hour. ‘The coastal regions, however, are ex- periencing a more severe blow. At some time during the day the-entire coast from the Virginia capes to Sandy Hook is expected to be swept by a 40-to-45-mile-an-hour wind. Volume of Precipitation Cited. Since Sunday afternoon at 5:55 o'clock, when the rain commenced, the precipitation has amounted to 3.16 inches. During the two days of the ?ment month 2 inches of moisture has allen. This is but slightly below the average total for the whole month of October. The Weather Bureau records place the average for the month at 2.84 inches. AUGUSTA BATTLES FLOOD. Engineers Believes Danger of Levee Break Averted. By the Assogiated Press, - AUGUSTA, Ga., October 2.—Engi- neers today announced.trat they be- lieved they had checked danger of a levee break north of the city and that the general situation was so improved that they. believed damage from flood waters of the Savannah River would be confined to 100 blocks in the lower sec- tion toward which water from a levee break 4 miles below the town was back- LEGALITY OF JURY FOUGHT BY HAYNES Banker Raises, Six Points. His and McPherson’s In- dictments at Stake. Harry V. Haynes, former president of the Farmers' & Mechanics' National Bank of Georgetown, recently indicted on charges of making false entries in the bank records, today filed a motion to quash the indictment. Haynes charges that there is no authority of law for a grand jury dur- ing the months of July, August and September; claims that a vacancy on the panel was illegally filled, and asserts that the jury commission is invalid be- cause the term of office was not fixed ‘when Mrs. Lillian T. Pritchard was added to the commission. Mrs. Pritchard is the widow of former Justice Jeter Pritchard of the District of Columbia Supreme Goutrt. ‘Would Invalidate Action. Should the motion to quash be sus- tained by the court it would have the effect of invalidating the indictment returned last Monday against Robert A. McPherson, jr., for murder in the first degree in connection with the death of his wife, Virginia McPherson, as well as all other indictments report- | ed by that panel. Through Attorney H. Winship Wheat- ley Mr. Haynes declares: 1. There is no authority of law for a grand jury of the United States in the District of Columbia for the months of July, August and September of any year. 2. There is no authority of law for a grand jury of the United States in the District of Columbia for the months of July, August or September in the year 1929. Filling of Vacancy. 3. That the alleged grand jury re- turning the indictment was unlawfully and improperly impaneled in that, as originally quali and accepted by the court, July 2, 1929, one Paul Dameron, was a member thereof and thereafter, on July 3, 1929, he was excused by the court and the vacancy filled by Rebecca Sachs, July 8, 1929, by taking her name from the list of petit jurors. who had qualified and been accepted by the court and transferring her to the grand jury in-the place of Dameron and ex- | ¢! cusing her from the petit jury, all of which facts are shown by the minute entries of the court and all of which are contrary to the provisions of law respecting the filling of a vacancy in a grand jury after its organization. 4. The vacancy in the alleged grand jury was not filled in accordance with law. Commission Attacked. 5. The jury commission under which the alleged grand jury sitting in July, August and September was drawn was not lawfully organized, in that the term of office of Mrs. Lilllan T. Pritchard, one of the jury commissioners, is not set forth in the order appointing her as such and her term is not definitely fixed by any order of court and remains un- certain. 6. There is no limitation of the term of office in the order appointing Mrs. Lillian T. Pritchard as a committee of Jurors. Attorney Wheatley served notice on United States Attorney Rover that he will call his motion to the attention of the court October 12, or as soon there- after as counsel can be heard. o. Fire Burns 23 Buildings. HALIFAX, Nova Scotia, October 2 P river at 11 a.m. showed a gauge The river al a.m. sl gaug R of 43.4 feet and was rising at the rate f about 2 inches an hour. The CHICAGO PROFESSOR RAPS SCIENCE, |5t USING §1.50 WORDS DURING ATTACK Seminary Students Learn It Has Destroyed “Geocentri- cism of Old Testament.” By the Assoclated Press. CHICAGO, October 2.—Dollar-and-a- half words hounded around Dr. Wil- helm Pauck’s lecture room at Chicago Theological Seminary yesterday- to the grin and dismay of 100 new students | ren soil. of church history. near as the students- could figure, Dr. Pauck was knocking “Science,” he said, “has destroyed the _{eoeenmdnn of the Old Testament.” statement left the class cold. ‘Science,” he went on, “has under- mined the foundations of biblical an-. thropocentrism,” This also fell on bar- & said the professor, “it has re- pudiated the doctrine of original sin.” ‘The familiar phrase revived the ~ (Continued on 2, Column 6.) WOMAN WRITER" SLAIN.- Mrs. Ruth Ehodes Believed Victim of Hunter's Rifle Near Seattle. SEATTLE, Wash, October 2 (#)— tly slain by a hunter's bullet, m Ruth Rhodes, 32, well known writ- er on aviation subjects and & travel found dead on Mount ROGER PELL?" He is one of the characters— and a in the thrilling new “Death Treasure™ BY R. A. J. WALLING which starts in Tomorrow’s Star A Mystery Romance. Sfar. WEDNESDAY, OCTOBER 2, 1929—FORTY-SIX PAGES. #* service. (#) Means Associated Press. The only evening paper in Washington with the Associated Press news Yesterday’s Circulation, 110,682 TWO CENTS. SPECIAL BOARD WILL GET RECORDS OF GRAND JURY; OFFICERS SAY FAREWELL Inspector Shelby BreaksDown When He Quits Post. FRIENDS DOWNCAST AS CHIEF DEPARTS Subordinates Offer Take Blame. for Commanders. to Broken in spirit and chokin with emotion, Inspector William S. Shelby, who today was relieved of his duties as chief of the De- tective Bureau as a result of severe condemnation by the grand jury in the McPherson case, bade farewell to his detective associates this morning amid extraordinary scenes. They call these detectives hard- boiled and cold-blooded, but their nerves were far from steady, and their eyes were far from clear when they took official leave of two of their best-loved colleagues. Lieut. “Ed” Kelly, gray-haired head of the homicide squad until | today, stood silently, tight-lipped, with his chief as the latter bared his sorrow to his men at roll call in the squadroom at police head- quarters. It was an impressive lenve-uklng,‘ Both men, confronted with serious charges by an officli1 body of men and women, insisted today that they face their friends, their enemies and the world at large with clear consciences and with full expectation of vindication. Bantering Absent. The 54 headquarters detectives, 14 precinct plain-clothes men and a corps of police reporters assembled in the squad room with grave faces at 9 o'clock this morning. The usual by-play and ‘bantering among such men was no- ticeably absent. As Inspector Shelby walked into the room to make his last inspection be- fore., “sypervisor of, the uni- 1¢ forces” there was a burst of applause. He waited motionless until the noise had subsided. Then he cleared his throat and began. “I suppose you have all heard of my disgrace by this time” he said in a low, hoarse voice. His hands went be- hind him and he clenched them there. It was with difficulty that he could continue. He managed to speak of his clear record of the past, of his 28 years of effort to render faithful service to the public, of the crushing blow that now was his reward. “I know of no act of any quasi- judicial body which has caused so much sorrow in so many directions,” he said, somewhat bitterly. “It has broken the heart of the one dearest to me—" Inspector Breaks Down. His voice faltered and died away in silence, lnspector Shelby was crying. So were his men. It was impossible for them to keep from swallowing the lumps in thelr throats. Dozens of hand- Kkerchiefs came out and dozens of hands flickered drops of molsture from be- neath misty eyes. Inspector Shelby was the first to re- gain control of himself. His arms came round in front of him. In one of his hands was clasped a long cigar, long since gone out. “But though my heart is broken, my head is not bowed,” he went on, with growing firmness of tone. “I look back on your loyalty and your affection and your love. I want you give them to him who succeeds me.” He motioned toward Capt. W. E. Emerson, standing beside him. “In every assignment I have held in his department,” the inspector con- tinued, “I think I have left behind me something of a constructive nature. It had been my hope to do the same here. I had great visions, great plans, for the future of this bureau. I now must give them up. God bless you all!” Detectives Follow Him. He turned abruptly and walked out of the room. Several of the detectives rushed after him and sought to detain him, to pat him on the back and shake his hand. He paid no attention, but plodded back along the little corridor the office which no longer is his own. The office soon was filled with his friends. They crowded around him, but he sontinued to straighten his desk in read- iness for his successor. Detective Varney, one of the younger men on the force, spoke up, to voice what was in the mind of all his fellows. “You know, 1 r,” he said, with emphasis, “I would take all of this for you, if I could.” Shelby smiled and removed his glasses to wipe them. The men turned their eyes to Lieut. Kelly. “Well, so long, boys,” he snapped out, turning’ to leave. “I've got to get to work on my new duties upstairs.” Headgquarters' CORONER DENIES CHARGE OF LAXITY INSUICIDE VERDICT Says Grand Jury’s Report on| McPherson Case Contains False Statement. Charging that grand jury accus: tions, which branded the coroner's in- vestigation into the death of Mrs. Vir- ginia McPherson, as a “mere matter of | form” as false, Dr. J. Ramsey Nevitt, District coroner, today emphatically de- nied that the inquest was conducted in | a perfunctory manner and declared that the proceedure had been proper and correct. ! That several important witnesses were summoned but did not testify, as the grand jury alleged, is authentic, Dr. Nevitt admitted, but said that the ac- cusation that they were not given the opportunity to speak is untrue. Up to Attorneys. ‘The opportunity, however, rested with | the jury itself, a member of the District attorney's office which was also criti- ! cized for its attitude by the grand jury, ‘and an attorney who represented the . slain woman’s family, the coroner ex- t plained. When these authorities failed | to profess a desire to examine the other witnesses and expressed their satisfac- tion at the testimony given, it was not up to him, Dr. Nevitt declared, to insist upon their taking the stand. Discovery of Mrs. McPherson’s body, was made by her estranged husband, Robert A. McPherson, jr., now under in- dictment for her murder, two days after her demise, at a time when Dr. Nevitt was on his vacation and Dr. Joseph ers, was acting coroner. After viewing the body and making a slight investigation of conditions, Dr. Rogers was of the opinion that the girl committed suicide, but decided not to issue such a certificate until the coroner’s jury had investigated certain angles three days later, he declaréd. Disputes Police Contention. In this statement he disputed the contention of Inspector William S. Shel- by and Lieut. Edward J. Kelly that he was ready to issue a certificate of sui- cide on the spot. Dr. Nevitt meanwhile returned and conducted the inquest. The coroner’s jury of six men, D. G.! Zuckett, G. D. Sullivan, Raymond Good- man, A. M. Bnehey, D. McQuade and W. J. Armstrong, presided over by Dr. Nevitt, began its formal investiga- tion by summoning Dr. A. M. McDon- ald, the physician who performed the autopsy on the body at the District morgue. He was followed to the stand by Dr. Rogers, who testified briefly. Lieut. Kelly, then chief of the homi- cide squad, took the witness stand to testify at great length and to tell of the domestic difficulties of Mrs. McPherson and her youthful husband, who was present at the inquest and who listened | | to the detective as he related the inti- mate details of their married life. The | detective told of the temperamental moods of the dead girl, at which times she made declarations to her husband, which aroused him to such and extent that he struck her, and of occasions when she was to have attempted sul- cide. Lieut. Kelly's testimony convinced the jury of six so thoroughly that when he concluded, and Dr. I. Rutkoski of Emergency Hospital téld of reviving Mrs. McPherson after she had inhaled illuminating gas two months before that they reached their verdict of sui- cide. As the wishes of the jury superseded all others at an inquest, they were asked by Dr. Nevitt if they wished to hear other witnesses. They declared they did not. The same replies came from Assistant District Attorney Walter M. Shea, representing the district attorney to |and the attorney representing Mrs. Mc- " | Pherson’s parents, in response to & similar question, made by the coroner. After conferring with Shea, Dr. Nev- itt said that they agreed as the young husband was connected with the case he should not be made to testify, as he would necessarily be a sworn witness and thus be put in the position of testi- fying against himself if there were fur- ther developments. He, however, could take the stand on his own initiative, but declined. Witnesses Passed Up. The jury retired without hearing the testimony of such witnesses who had been summoned as Manager Ruff of the Park Lane, James Mills, colored janitor to | of the Lombardy, next door to the Park Lane, or Mrs. Lillian Conway, telephone operator, who was in the McPherson apartment on the night of the young woman’s death. Neither did they hear the story of Dr. E. H. Gorman, phys- ician at the Park Lane, who was the first doctor to pronounce the young woman dead, because he had not been summoned. Deliberating only a few minutes the jury returned with their verdict of sui- cide and closed the McPherson case of- ficlally until developments reopened it and in addition led a grand jury to de- cide the girl had been murdered, indict her husband for first degree murder and condemn the coroner’s jury for its per- functory methods. NEIGHBOR RECALLS THIRD VOICE ON NIGHT OF McPHERSON DEATH Bride and Davison Plan for Probe of Jury Charges. PRATT CONSIDERS RESTORING ALLEN Body That Returned In- dictment Called to Testify. Co-operation of the United States attorney’s office in the in- vestightion of the charges against Inspector William S. Shelby, as- sistant superintendent of police, and Lieut. Edward J. Kelly was pledged to the special board of in- quiry appointed by the District Commissioners at a conference |this afternoon between United States Attorney Leo A. Rover and the two members of the investi- gating board—Corporation Coun- sel William W. Bride and Maj. Donald A. Davison, Assistant Engi- neer Commissioner. At the request of the boayd of inquiry, Rover promised to turn over the transcript of the minutes of the grand jury session, which resulted in the indictment for murder of Robert McPherson, jr., nd the removal from the detec- tive bureau of Shelby and Kelly, as well as a complete list of the grand jurors and the witnesses who testified before it in the Mc- Pherson case. It is the intention of the board to write to each of these persons, request- ing _their appearance during the inquisitorial proceedings to be held in the office of Corporation Counsel Bride at the District Building. Bride also announced that the board would wel- come information from any others who could be of assistance to it in its investigation. “This is to be a complete investiga- tion and it will be made without fear or fayor,” Bride declared after the conference with Rover. Mail Letters Tonight. The letters inviting the members of the grand jury and the witnesses who appeared before it to testify at the board’s investigation, Bride said, would be mailed out tonight with the hope of having at least several of them ready for appearance tomorrow morn=- ing when the inquiry will formally be- gin at a time still to be fixed. Al- though the proceedings* will be con- ducted behind closed doors, it is planned to have a stenographic report made for the information of the board in drawing up its findings at the conclu- sion of the investigation. The conference between Bride, Davi- son and Rover lasted for half an hour. The two members of the investigating board then returned to the District Building to complete plans for the inquiry which they started this morn- ing following appointment late yes- terday. Can't Force Witnesses. Mr. Bride said that he had no power to compell the attendance of anybody for questioning and that if anybody declined to come or declined to answer questions put there would be no method by which to compell their presence or their answer. Under police regulations it is neces- sary for some individual to bring formal charges before a policeman may be cited for trial. It is possible that the ‘members of the grand jury will be asked if ‘they will sign formal charges. If there is a tirial it is probable all mem- bers of the McPherson grand jury will be summoned as witnesses. Shelby, Kelly and Allen are to be among the first witnesses called by the board. Mr. Bride had before him today as a basis for his decision to inquire what transpired in the grand jury room, mat- ters which are usually regarded as secret and confidential, a written report from Thomas F. Cameron, one of his legal aides, stating that the oath of secrecy of the grand jurors is not bind- ing upon them after the indictment has been returned and the defendant has been taken into custody if the admin- istration of justice requires that they tell of what transpired in the grand Jjury room. Mr. Cameron's opinion carried long citations from Ruling Case Law and from the decisions of courts in many cases that for the purpose of securing public justice grand jurors could be compelled to testify as to what had transpired in the grand jury room. While its specific duty is to determine whether there was a motive on the part of the Detective Bureau to obtain a verdict of suicide from the coroner's jury in connection with the mysterious death of Mrs. Virginia McPherson, Commisisoner Proctor L. Doughert; president of the Board of Commission=- ers let it become known that the board has “broad powers” and can go into other phases of the Detective Bureau's activities if developments in the inves- tigation indicate that such action is warranted. May Restore Allen. As a sort of prelude to the official in- vestigation of the charges against Shel- by and Kelly, Maj. Henry G. Pratt, superintendent of police, revealed that he is seriously considering restoring to duty Policeman Robert J. Allen, whose Two Men Engaged in Talk With Woman That Night, |independent investigation of the Mc- Says Mrs. Heavrin. ‘Three voices instead of two were heard on the night Mrs. Virginia Mc- e zwf;l:r‘& Vi15 on the bark oceuj of aj en a nnep..numt directly below that of the dead girl, said today. Mrs. Heavrin's declaration recalls her two former statements concerning the ds which she overhead on the ‘The | over_ there recalled to ed in supplicating tones with a man. She heard screams, the screams changed to moans, and then silence. y Mrs. Heavrin believed heard three voices. Two of them were men, the third a woman. One of the masculine voices was gruff, the other more subdued. Also there was anoth- It could not be positively identified as that of a man leaping from the window to the roof, but Mrs. Heavrin is “almost sure” it was of that nature. ‘Mrs. Heavrin did not tell the grand of mu,d mld, meemxm you an are many incidents that are your mind.” 3 ’herson case resulted in the grand jury’s indictment for murder of Robert A. Mc- Pherson, jr. Allen is now under suspen- sion for his investigation, of the case because he ignored the Police Depart- ment manual and failed to disclose his evidence to a suj r officer. Maj. Pratt also indicated that despite Allen’s violation of the police rules by his unauthorized investigation, he likely would carry out Shelby’'s promise to comote the officer if he proves Mrs. cPherson was murdered, “If Allen's theory of murder is proven in_ the courts” he declared, “then I believe he is deserving of otfon.” It was announced at the District Building this afternoon that the hearing before the Police Trial Board of ¢ha; that Allen was found seatéd in an aut mobile st month when he