Evening Star Newspaper, November 4, 1929, Page 1

WEATHER. (U. 8. Weather Cloudy, probably generally frl? row fair, Closing New York Stocks, Page 14 #nd colder tonight; tomor- Temperatures—Highest, at 2:30 p.m. yesterday; lowest, 56, at 7 am. . Full report on page 9. Bureau Forecast.) rain this afternoon; 69, ) ¢ Foeni WITH SUNDAY MORNING EDITION ny Star. The only Associated service. Sunday’s Saturday's Circulation, Circulation, evening paper in Washington with the Press news 109.210 114,837 31,233. post office. Entered an second class ma tter ashington, D. C. WASHINGTON, o ey D. MONDAY, NOVEMBER 4, 1929—FORTY-FOUR PAGES. ¥#* () Means Associated Pres TWO CENTS. SENATE VOTES SENATOR ABSOLVED OF CORRUPT AIMS AS AMENDMENT T0 RESOLUTION PASSES Substitute in Which Name Was Not Mentioned, Of- fered by Smoot, Is Defeat- ed, 44 to 32. EDGE MOTION TO SOFTEN PHRASEOLOGY ALSO LOST| Resolution of Censure Is Supported by 32 Democratic and 22 Repub- lican Members, None of Minority Party Casting Adverse Ballots.| Bingham Will Not Resign. BY G. GOULD LINCOLN. Condemnation of Senator Hiram Bingham of Connecticut because of his employment of Charles L. Eyanson, assistant to the presi- 1 i { SENATOR BINGHAM. STOCKS DEPRESSED AS HEAVY SELLING ATTACK DEVELOPS Market Confronted With| i dent of the Connecticut Manufac- turers’ Association, to aid Bing- ham in his work on the tariff bill was voted by the Senate this afternoon. The vote on the resolution of condemnation was 54 to 22. Senator Bingham, after the adoption of the resolution, when questioned, said that he had no intention of resigning from the Senate. He expressed his regret that the resolution, while exoner- ating him personally of any cor- rupt motive, had not also exoner- ated Mr. Eyanson. Before the resolution was adopt- ed, however, an amendment of- fered by Senator Glenn of Illinois exonerating Senator Bingham | Thousands personally of any corrupt motives in the employment of Eyanson was adopted. It was the first vote of censure in 27 years. The resolution of condemnation + follows: “Resolved, That the action of the Senator from Connecticut, Mr. Bingham, in placing Mr. Charles L. Eyanson upcn.the official rolls of the Senate and his use by Sen- ator Bingham at the time and in the manner set forth in the re- port of the subcommittee of the committee on judiciary is con- trary to good morals and sena- torial ethics and tends to bring the Senate into dishonor and dis- repute, and such conduct is here- by condemned.” Efforts were made by friends of Sen- ator Bingham first to have a substitute resolution, in which Senator Bingham was not named, offered by Senator chairman of the finance com- opted. This substitute was , 44-32. Seantor Edge of New Jersey sought to soften the resolution by cutting out phrases declaring that Senator Bingham's action was contrary to good morals and senatorial ethics, and changing condemnation to disap- proval of the Senate.. Senator Edge's amendment also was defeated. ‘The resolution was supported by 32 Democrats anti 22 Republicans. No Democrat voted against the resolution. Senator Bingham voted “present.” Those voting against condemnation were: Republicans—Dale, Edge, Fess, Gillett. Gofl. Gould, Greene, Hale, Hast~ ings, Hatfleld, Hebert, Johnson, Keyes, Metcalf, Moses, Oddie, Phipps, Reed, Shortridge, Smoot, Townsend and Wal- cott—22 Democrats—None. For condemnation: _ Republicans— Allen, Blaine, Borah, Brookhart, Cap- per, Couzens, Cutting, Frazier, Glenn, Goldsborough, Jones, La Follette, Mc- Nary, Norbeck, Norris, Nye, Pine, Rob- inson of Indiana, 'Schall, Steiwer, Thomas of Idaho and Vandenberg—22. Democrats for: Ashurst, Barkley, Black, Bratton, Brock, Broussard, Cara- Deluge of Selling Fol- lowing Holiday. NEW YORK, November 4.—Heavy selling of stocks again took place in the securities markets today after a brisk rally, which followed the initial declines of $1 to $12 a share, failed to hold, and prices of many stocks fell below INGHAM CENSURE, 54 TO 22 L RGN RN | POLITICAL “FRONT” ON EVE OF VOTING Rival Candidates Take Final| Thrusts as Bitter Cam- paign Closes. FILLS END OF DRIVE, “Raskobism” and “Cannonism” Face Crucial Test at Polls Tomorrow. Special Dispatch to The Star. RICHMOND, November 4.—The Old | Dominion remained the political cock: pit of America today as rival candidate: | for governor exchanged final blows in a fight to decide the political future of Virginia at the polls tomorrow. ‘The contest between John Garland Pollard of Williamsburg, the Demo- cratic nominee, and William Moseley Brown of Lexington, the Republican anti-Smith coalition nominee, has in most respects remained a family affair, and so it has been the bitterest kind of struggle. Aid from the national Democratic or- ganization, headed by Jouett Shouse, was declined by the Virginia Democrats | on the grounds that State issues alone | are before the people and that the na-| tional Democratic committee, no matter how important the fight is nationally, should not have a hand in it. At the same time the Republicans have shunned a helping hand from President Hoover, who captured Vir-| ginia in 1928, and no nationally promi- | nent Republicans have been on the! speakers’ list. their opening quotations, Extensive liquidation of impaired marginal accounts, which had not been cleaned ‘out in last week's drastic re- action, was supplemented by the selling of disappointed traders and investors, who bought stocks in the closing ses- sions of last week in the belief that the rally, then in progress, would carry much farther before it was checked. of b orders came into & week end, but most ‘were from od traders whose demands were more than offset by the offerings of professional traders. Leaders Under Pressure. United States Steel common, which opened $8.25 lower at $185.25, and then ran up to $191, was back at the open- ing price shortly after midday. West- inghouse Electric, which dropped $10.25 on the initial sale to $150, and then rallied slightly, fell back to $146. Gen- eral Electric extended its opening loss of $3 to $16.75 a share. American Tele- phone converted an opening gain of $1.25 into a loss of $8.75. ‘Total stock sales, from 10 . to noon, were 3717000 shares, against 5,576,000 in the same period Wednes- day. Governors of the New York Stock Exchange voted today to keep the Ex- change o] only three hours on Wed- nesday, jursday and Friday and to close all day Saturday. The Exchange is closed tomorrow, election day, which is & legal holiday. The hours of trad- ing on the succeeding three days will be from 10 a.m. to 1 pm. Rauling on 0dd Lots. Because of the tremendous accumu- lation of orders over the week end, the exchange reuled today that no odd-lot house would be required to give the opening price on any order which was not livered at least half an hour be- fore the opening of the stock in ques- tion. and that no specialist would be any order that did not reach him at least 15 minutes before the opening. Ordinarily such orders are received right up to the opening of trading. The Wew York Curb Market, followed the action of the “big board” and an- nounced that it would operate on t same schedule for the remainder of the week. Tuesday, election day, is a hlolld-y here and the exchanges will be closed. Prices Break at Opening. A deluge of selling orders greeted the reopening of the market after the three-day holiday and prices broke | sharply. with most of the leaders losing $1 to $8 a share. way, Connally, Copeland, Dill, Fletcher, George, Harrls, Harrison, Hayden, Hef- lin, Kendrick, McKellar, Pittman, Rans- dell, Sheppard, Simmons, Smith, Steck, Stephens, Swanson, Thomas of Okla homa, Trammell. Tydings, Massachusetts, Walsh of Montana and ‘Wheeler—32. The last time the Senate had occa- sion to censure any of its membership occurred in 1902 when “Pitchfork Ben" Tillman_and John McLaurin, the two South Carolinians, engaged in a per-| £onal encounter on_the floor. Tillman accused MeLaurin of chang- ing his vote on a treaty and McLaurin came back with the retort that Till- man was a liar. The exchanges quickly (Continued on Page 4, Columb 3.) Prince Max von Baden IIl. CONSTANCE, Germany, November (P).—Prince Max von Baden, the last imperial chancellor, who in 1918 in- itiated the negotiations for an arm- istice and ' brought about the forme: Kaisers abdication, is dangerously i ere. Florist Found Shot in Head. CHICAGO, November 4 /)—The body of Peter Marranding, 32, florist, with a bullet through his head, was found slumped over the steering wheel of his automobile early today. Police believed him another gangland victim He had been shot about midnight last night, physiclans said. Passers by on the way to work found the body and called police. Claims 'Chute Leap Record. LEIPZIG, Germany, November 4 (). Walsh of ! * —Prau Schroeler Vorescou last night claimed the record parachute drop for women with & jump from 2,500 meters (8,200 feet). She carried a sealed alti- Poude sndicator. The following table illustrates some { of the large opening guotations, the | prices and the net changes: H | Net | : change, | 50.000 Radio 2 off Standard OIl N Soliimbia Graphiop U. 8. Steel common. . Union Carbide ... International Nickel United Corporation United Gas Imp.. Anaconda Copper | 20.000 Consolidated Gas...... 20,000 International Comi 1 | 19,000 Commercial Solvents..’. { 16800 Gold Dust .. 5 15.000 Nat'l Dairy | 13000 Chrysler 115000 Curl 50,000 23000 30,000 | 25000 23,00y 25.000 | 25000 | 24000 1 20,000 " e :fi TS e o3 ruas aus-STasuseve, asky St. Paul preferred..... Warner Bros. Pictures. Prices on Curb. Some of the large opening_transac- tions on the New York Curb Exchange were: 225,000 Cities Service, '41%, up 38:000 American Supérpower, 2 27,000 Electric & Sha 20.000 Niagara H off 3. 13500 Arkansas Natural Gas A, 14 {70,000 Standard Ol of Mdians, 55%% United States Steel common, which jopened $8.25 a share lower at $185.25, | quickly ralied to $191. Sharp recov- eries also took place in Standard Oil of New Jersey, American Can, Inter- national Telephone and other leaders. Early liquidation was attributed, in part, to the discovery of many addi- tional impaired margin accounts, which had been overlooked in the wild trading of last week. Although a flood of buy- ing orders from small investors poured into the market over the week end, 44% i required to give the opening price on | f +| candidate as “Col. Anderson's talking | Fight Over Election Laws. ‘The closing hours of the contest, which ends in the general election Tuesday, have been taken up with a tumultuous controversy on the election laws of Virginia. For weeks Democratic and Republican tacticians sparred on this issue. The end of the week saw the leading Republican, Henry W. An- derson, make a plunge in an effort to prove that Democratic State headquar- ters was ennrd in the underground circulation of “white supremaey" proj nda, a pamphlet cont news dispatches of speeches and activities of the colored Representative, Oscar De Priest. ‘The Democrats accepted his chal- l:ase and overnight the State became ly aflutter from the resounding gechel of a dozen old-fashioned mocrats, condemn the Republi- cans for advocating liberalization of election laws “that saved Virginia from social chaos and economic ruin.” Democratic State headquarters did not admit having published or distrib- uted the De Priest pamphlet, however. They denied all connection with it. | Democratic speakers, however, did not fail to discuss the pamphlet, or to hammer Mr. Anderson for his advocacy in 1921 of the repeal of the poll tax as & prerequsite to voting, or to call upon all true Democrats to defeat this | Republican _effort. Within 12 hours after Mr. Anderson'’s | attempt to fasten the De Priest pam- phlet upon State Democratic head- | uarters, the Republicans were on the efensive, fighting against a shower of indignant Democratic missives. The battle is raging now and may rage up | to sunset on election day, Tuesday. Candidates Scrap Vigorously. ‘While all the excitement raged in and around the capital, the rival candidates, one of whom, Pollard, is a professor of m;‘!mmenl at William and Mary, and other, Brown, is a professor of psychology at Washington and Lee Uni- versity, have been scrapping vigorously from a succession of Virginia stumps. Pollard has been sticking to a plate | form of governmental progress along | the policies laid out during past Demo- { cratic administrations. Brown has been | running on a platform of change, be- Meving ~that the Virginia electorate psychologically is ready for a change. Pollard is backed by Harry F. Byrd, considered the most successful gov- ernor Virginia has had in 44 years, and the actual as well as titular party | leader. Brown is backed by the former undisputed political boss of Virginia, Bishop James Cannon, jr., now an ally of the Republicans. Bishop Cannon left for Brazil in the middle of the campaign, leaving his followers de- pendent upon the former Republican ! candidate for governor, Henry W. An- derson. But the Republicans count heavily upon his influence and upon the statements which he issued before his departure, in which he exhorted all dry Democrats to defeat Pollard because Pollard supported the Democratic na- | tional ticket last year. The Republican nominee began his campaign on a Cannon platform con- demning the Virginia Democrats be- cause the national Democratic cha man, John J. Raskob, is a “wet Tam- many Catholic” who vowed to destroy the “damnable affliction of prohibition.” But in mid-campaign Brown suddenly shifted from the Cannon line of effort | and took up the strategy advocated by | the Republican generalissimo, Henry | W. Anderson. This shift was coincident with Bishop Cannon’s sudden departure for Brazil. Claim Line Ineffective. The Democrats claimed that Brown changed his line because the electorate did not react satisfactorily to the “Ras- kobism” talk. And when the Republi- can nominee suddenly appeared under Mr. Anderson’s wing they stopped dis- cussing Brown almost entirely and be- 8an to pick upon Mr. Anderson. Carter Glass called him a ventrilo- quist and referred to the Republican doll.” Gov. Byrd, defending his ad- ministration from the assaults of Mr. Anderson and the Republican nominee, revealed that a “grateful national Re- publican organization” has rewarded | Mr. Anderson with fees “from patron- | age appointments” totaling $99,666. Mr. Anderson tried to answer his to mentors and did answer them with em- phasis and vigor, but when he began to (Continued on Page 2, Column 8.) these were more than offset by the huge offerings. Trading Is Heavy. Total sales from 10 to 10:30 am were 2,038, hares, as against 1,9 (Continued on Page 3, i‘m 1) TS IRSRIRAN GOSH.IF TCOULD _ONLY PUT L i 2 CONIET BEAT GUARD D ESCAPE Third Is Shot After Three Get| Out of “Break-Proof” Cell Block. By the Associated Pres: COLUMBUS, Ohi November 4.— Two Ohio Penitentiary prisoners made & successful break for liberty early to- day after beating a guard, while a third, Arthur Brooke, is in a eritical condi- tion in the n hospital with a bul- t wound in his abdomen. Brooker, serving a life sentence for murder; Guy Tennent, serving 10 to 25 years for robbery, and Willlam Miller, 20, robber, got away from the ‘“escape- proof” cell block where they were housed, scaled the wall, beat Guard John Montgomery, who was in the| tower, and swung over the wall on an improvised ladder. The men in escap- ing took a submachine gun from Mont- gomery, officials said. Three drills and three pieces of the steel re-enforcements in the cell block’ were found in the prisoners’ cells, al-| though the drills found in the cell were part of the machine shop equipment. Prison officials were unable to explain how they came into possession of the men. Brooker, who was captured in a/ bullding immediately across the street | from the institution, is believed to have | been wounded in an exchange of shots | between the prisoners on the wall and guards in the prison yard who were rushing to Montgomery's aid. Montgomery shot twice before he was felled from behind. After beating the guard, the convicts took his rifle and swung down a rope ladder to the street. | Montgomery suffered 14 scalp lacera- S, )xl‘one of the other 3,500 prisoners at- tempted to join the break. ITALY CLARIFIES ARMS DUTY RULE Naturalized U. S. Citizens Are, Exempt From Service in Time of Peace. By the Associated Press. Italy has indicated that Italo-Ameri- | can citizens may visit their native | country without fear of conscription | for military service, so long as that| country is at peace. A statement by the Stefani agency, issued here through the Italian embassy, while reserving all rights to which the Fascist government considers itself en- titled, said that that government “would have no interest in imposing military | dutfes in time of peace to citizens re- siding in far-away countries.” Thus a long-standing difference be- tween the Washington and Rome gov: ernments, seems to be on its way to a settlement. ‘The Fascist government has maintained that American naturali- zation does not affect the liability of Italian-born individuals to compulsory military service in that country. The "statement made it clear, how-} ever, that the Pascist government is in no way relinquishing what it considers its claim upon its emigrating citizens. It said that the maximum size of its army as provided for by the laws of Italy, is reached without the consecrip- tion ot citizens resident or naturalized in foreign lands, so far as times of peace are concerned. They are, the statement continued, “therefore free from be! molested in any way, as far as military service duties are concerned, even past duties, p;ovlded they have no reference to time of war.” SOVIET PLA;JES SEIZED. Chinese Report Two Red Gunhonta“ Also Are Captured. ! TOK10, November 4 (#).—Chinese sources in in, Manchuria, today said two Soviet gunboats and two Soviet airplanes had been captured in fight.ng MEXICO CITY, November 4 (#).— Bandits attacked the town del Rio, Durango, yest & policeman there. e finally disperse m. It was @7y intended w0 open the jadl, between Chinese and Russians at Fu- cm:n“:‘filer te! Harbin said d mflc.ommu ha refi!::f ;3 miles in the direction of Huachuan, Clemenceau Bars Physicians From Visit on Sabbath By the Associated Press. PARIS, November 4.—Georges Clemenceau, with mock ferocity, forbade his doctors to visit him yesterday. As a consequence, neither Dr. Laubry nor Dr. Degennes went to see him. “The Tiger” received friends, including Pierre Pons, musical composer, and Emile Bure, journalist. M. Clemenceau was busy cor- recting the proofs of the book he is writing in reply to Marshal Foch's utterance in the book by Raymond Recoury. “The doctors have made a big mistake,” Clemenceau said, hu- morously. “I am not s sick man.” Then, after deep thought, he concluded, as if in soliloquy. “I am =imply a dying old man trying to finish his task.” HODVER AND DAVES T0 DISLUSS PARLEY Plans for U. S. Participation in London Conference Come Up This Week. Plans for the participation of this Government in the forthcoming dis- armament conference to be held in Lon- don in January are expected to be dis- | habe: cussed this week between President Hoover and Brig. Gen. Charles G. Dawes, Ambassador to Great Britain. Ambassador Dawes with Mrs. Dawes will arrive at the White House tomor- row morning and will be house guests until Thursday night, when they will depart for New York. They will sail the following night. It is known that President Hoover has been looking forward to this visit from Ambassador Dawes with consid- erable interest. It was the latter who personally conducted for the President the preliminary discussions with Prime | Minister Macdonald leading up to the agreement between the two governments as to a principle to follow in arriving at a naval parity at the forthcoming conference. Appointments May Be Taken Up. ‘The belief also is that the President will discuss with Gen. Dawes the ap- pointment of the remaining members of the delegation to represent the United States at the naval conference. The President already has announced the appointment of Secretary of State Stim- son as chairman of thai delegation and Senators Reed of Pennsylvania and Robinson of Arkansas as delegates. He has never definitely stated just how many more he will appoint, but he has given indications that the delegation when complete will have five members. It is believed the two members to be appointed will be civilians not now as- sociated with the Government. It is thought by some, however, that Gen. Dawes will be one of the delegates. When Gen. Dawes presents himself at the White House tomorrow it will be the second time since Mr. Hoover became President that he has visited the latter. The former occasion was when Gen. Dawes was on his way to London to take up his duties at the Court of St. James. = GRAF ARCTIC FLIGHT PLANS ARE DISCUSSED Assistance of War and Navy De- partments Will Be Sought for Polar Expedition. Plans for the proposed Arctic expedi- tion of the German dirigible Graf Zep- pelin next year are being discussed today with officials of the Government departments and local scientific organi- zations by Dr. Walter Bleistein, secre- tary and treasurer of the Aero-Arctic Society, who arrived here today from Europe. Dr. Bleistein probably will remain in this city for some time, and will request the assistance of the War Department, Navy Department and Weather Bureau in arran the details of the expedi- tion and sef up of feuling and serv- THREE REPORTERS RETURN 10 AL | Prefer to Serve Remainder of 45-Day Sentence for Contempt Now. At their own request, Justice Fred- erick L. Siddons of the District Su- preme Court today remanded to jail to finish their 45-day sentence for con- tempt of court the three Washington Times reporters, Gorman M. Hendricks, Linton Burkett'and John E. Nevin, jr., who were released last week through habeas corpus proceedings. Their attorney, Wilton J. Lambert, explained to the court that the three newspaper men had agreed among themselves that they would rather serve their time now than later, as he had in- formed them that the Court of Appeals would assuredly affirm the contempt action. The three reporters were sentencefll for their refusal to tell the grand jury | ’th! names of places where they sald |they purchased liquor in connection with a series of articles appearing in their newspaper. After a further study of the law in the District, Mr. Lambert said he had told the three newspaper men t] they had no immunity under the law, the only privileged ciasses being physicians and lawyers. Upon his advice, the three reporters withdrew their writ of | 'AS corpus on which today's hearing in_court was scheduled. Their appeal has already been filed, but the case is unlikely to come up in the higher court before the next six months. In dismissing the habeas corpus writ Justice Siddons remarked that under the circumstances the act of the three young men in returning to jail to serve the remainder of their sentence would put them in a better position when the appeal is heard. They had served two days of the 43- day sentence imposed upon them by Justice Peyton Gordon when releasea | under the writ last week. i MOVIES TO ANSWER ANTI-TRUST CHARGES Discriminating in Release of Pic tures Alleged in Federal Court Case at Los Angeles. By the Associated Press. ! LOS ANGELES, November 4.—Rep- REQUEST OF DOYLE FORCIVILIAN BOARD MEETS REJECTION Commissioners’ Action Same as That Taken in Case of Allen. Is RIGHT TO CHALLENGE IS HOPE OF ACCUSED | Trial Body Itself Will Decide on “Reasonableness” of Defense Objections to Members. The District Commissioners at a spe- | cial board meeting today denied the j request of Capt. Robert E, Doyle of the eighth precinct for a civilian trial board to pass upon the charges preferred against him growing out of a letter he wrote to Supt. Henry G. Pratt support- ing Pvt. Robert J. Allen in his contro- versy with the Police Department. The action was the only one taken at the board meeting, which was con- vened early today before the Commis- sioners left the District Building to attend the daily sessions of the Bureau of the Budget, where the District's esti- mates for the 1931 fiscal year are under consideration. Both Allen and Doyle, who are suspended, now have been re- fused civilian trials and both must an- swer before the regularly constituted board, consisting of captains and in- spectors in the Police Department. Challenges Are Unlimited. Each officer, however, still has the right to challenge any individual on the board and if the board finds the challenge “reasonable” some other in- spector or captain will be substituted. ‘There is no limit to the number of challenges under the police manual, The text of the letter sent to T. Morris Wampler and Chapman W. Fowler, Doyle’s attorneys, follows close- ly the wording of the Commissioners’ letter to the counsel for Private Allen. It follows: “‘Gentlemen: “I am directed by the Commissioners of the District of Columbia to acknowl- edge the receipt of your. letter of No- vember 3, as attorneys for Capt. Robert E. Doyle, against. whom charges are now pendin uesting in his behalf that a special trial board be constituted to try said charges. “The Commissioners have carefuily read your letter and fail to find therein any reason stated why the pend- ing against Capt. Doyle ca; be tried by the duly constituted trial board ap- pointed by them under the law and regulations governing the personnel of the Metropolitan Police Department of the District of Columbia. “The law and regulations provide that the Commissioners may appoint a trial board or boards to try charges affect- ing the members of the Police Depart- ment of the District of Columbia, and give the right to the accused to be represented by counsel and to bring witnesses before such trial board. The members of a trial board may be chal- lenged by the accused for reasonable cause. In such event, the Commissioners designate alternates, who may be sub- stituted by the chairman of the trial board for those members of the -trial board who may be relieved from service. A reason must be given for any chal- lenge made, and these reasons are passed upon by the trial board at the initial hearing of the case. Fail to Assign Reason. “As previously stated, your letter as- signs no reason, and the Commissioners know of no reason why the charges pending against Capt. Doyle cannot be properly tried by the duly constituted police trial board, and the Commission- ers direct me to inform you that your request for the appointment of a spe- cial trial board is denied. “Very truly yours, “(Signed) DANIEL E. GARGES, “Secretary, Board of Commissioners District of Columbta.” Capt. Doyle’s request to the Commis- sioners for an extraordinary trial board was similar in text to that filed last week with Maj. Pratt, which was ig- nored because he had no authority to appoint police trial boards. It read as follows: “As attorneys for Capt. Robert E. Doyle, against whom charges are now pending, we request on his behalf that & special board be constituted to try said charges now pending aganist Capt. Doyle, and we request that the per- sonnel of the special board thus con- stituted shall not contain within its membership any member of the Police Department of ‘the District of Coium- bia_government, or any officer or em- ied 2, Column resentatives 'of 10 motion picture pro- ducing an exhibiting companies, to- gether with Harold D. Franklin, presi- | dent and general manager of the West Coast Theaters, Inc., charged with con- | spiracy to violate the Sherman anti- trust law, were ordered to appear in Federal Court today to have their case set for trial. Franklin and the cinema companles | are accused of discriminating in the re- | lease of pictures to theaters giving two | features on one program, awarding prizes, or having an admission fee of less than 10 cents. The companies involyed are the West | Coast Theaters, Inc.; Fox Film Corpo- ration, Metro - Goldwyn - Mayer, First 1 National Pictures, Inc.; Universal Film Exchange, Inc.; Vitagraph, Inc.. War- ner Bros. Pictures, Inc., of California. Pathe Exchange, Inc.; Paramount-Fi mous-Lasky Corporation, and United | |Anlau Corporation. MAY GO TO HOSPITAL. Senator King's Decision Depends on Stomach Condition Today. By the Associated Press. Senator King of Utah, who has been ill for the last three days with a stomach disorder, may enter Johns Hopkins Hospital in Baltimore, it was said today at his office. Doctors had advised the Senator to enter the hospital, but his friends said (Continued on Page “MERCY KILLING” PLEA WINS JURY ACQUITTAL French Jurors Free Man Who Slew Invalid Mother to End Her Suffering. By the Associated Press. DRAGUIGNAN, France, November 4.—Richard Corbett was acquitt>d by a jury today of the charge of murdering his invalid mother last May. Corbett made a dramatic plea to the jury, declaring .that although ne broke the law he felt that he had done right. So'moving was Corbett's declaration, in which he said he was willing to pay any penalty the jury thought just, that one of the jurors broke down and it was necessary for the judge to suspend tl;le trial while medical attention was given. Corbett, who is of French-English ex- traction, killed his mother, who was suffering from cancer, to “end her suf- fering,” on May 9 and then shot him- self, but later recovered. FOUND SHOT 12 TIMES. Ashland Collins, Kentuckian, Be- lieved to Have Battled Dry Officers. WHITESBURG, Ky, November 4 (#). —The body of Ashland Collins, believed to have been the man who engaged in such a decision hinged on his condi- tion during the day. King has been taking a prominent the contest over the chemical schedules in the tariff bill being in hat of debate tion & gun battle with prohibition officers yesterday, was found today near the | -‘riexlu‘;x the shooting. He had been shot ; es. Radio }T;gram ]! s—Page 32 CONDUCTOR GIVES PROBERS NEW CLUE INPHERSON CASE | Decision to Hold Husband of Dead Nurse Believed Result of Lewark’s Evidence. 1 | | | | 'GEORGIARENUE LINE ' OPERATIVES QUIZZED | Check Is Made on Story Jailed Man Spent Night at Home of Father. A street car conductor on the Georgia avenue line is one of the new witnesses | whose visit to the Department of Jus- | tice Saturday immediately preceded & i sudden announcement by Prosecutor John E. Laskey that new evidence had been received to warrant the prosecu- tion of Robert A. McPherson, jr., charged with murdering his wife. The conductor who was questioned at Jength by Government agents is J. H. Lewark, empioyed by the Washington Rallway & Electric Co., and said to have been working on the Georgia avenue line. late on the night Mrs. McPherson was | strangled to death with a pajama belt, The Star has learned that Lewark was not the only street car company employe interrogated by Justice opera- { tives in their check-up of McPherson alibi that he was in bed at his parents’ home in Petworth after midnight of September 12, night of the tragedy. May Have Ridden on Car. In pursuing this line of inquiry the agents were proceeding on the theory that if testimony given by a taxicab driver, to the effect that he carried & passenger from Fifteenth and New York avenue to the Park Lane Apartments about 1 o'clock that night 5 of value lin the case, the passenger might have gotten downtown on a street car or bus from the Petworth neighborhood. The taxicab driver, Garnett Melvin Frye, has sworn that he identified Mc- Pherson as his passenger. Agents also have questioned the mo- torman on Lewark's street car. He is J. T. Green. His car left the Soldiers’ Home terminus & few minutes midnight on the night of the and arrived in the downtown about 12:30 o'clock. The car traverses the congested district by way of Ninth street en route to the War College. Informatien Is Withheld. The Star obtained this information today from sources outside the Depart- ment of Justice, where it was an- nounced this morning no further in- formation would be given the press about the McPherson investigation. The decision was reached, it is understood, as a result of conflicting stories car- ried in the afternoon papers of Satur- day, when reporters it were led to lmmun'c:d Mc:hlersonw'ould not be prosecuted, and later carry Laskey's decision to go to trial. " Laskey today said his announcement, putting the Department of Justice in the position of making a complete change of mind from one hour to the next, resulted from “evidence from new witnesses questioned during the day.” Justice agents made every effort to prevent reporters fro: ing these Witness Saturday, because of the fact that one or more of them were in street car uniform and would have been recognized as such, One of the witnesses is said to be & woman. J Declines to Discuss Evidence. J. Edgar Hoover, director of the Bu- reau of Investigation, and Thomas F. Cullen, in charge of the group of agents investigating the case, declined today to discuss the new evidence, or ever to comment on the McPherson investiga- tion in any way. Both officials referred newspaper men to Laskey, who, as spe- cial assistant to the Attorney General, has the task of prosecuting McPherson. No official explanation of the new pol- icy of absolute silence at the depart- ment was forthcoming. It was indi- cated, however, officials felt it would be “better” that the press should have cne official source to which to go in quest of information. It is known officials in charge of the investigation were chagrined over pub- | licity given the fact that evidence to warrant prosecution of McPherson was lacking, in view of the wholly unex- 1= | pected developments which put a com- pletely new aspect on the case. It is said, however, that until the new evidence was obtained Saturday the investigation had failed to disclose facts justifying bringing the young hus« | band to trial on the grand jury indict~ | ment, which charges willful and pre- meditated murder. Probe Is Continued. Laskey said he “deplored” publication of the first stories, but admitted his de- cision to go to trial was reached as the result of the developments immediately succeeding publication of the articles. Laskey made his announcement be- | fore completion of the Federal investi- gation and, consequently, prior to re- jceipt of the report by the Department of Justice. The Government's probe was contin- uing with renewed activity today, due to the new line of inquiry opened by the eleventh-hour = witnesses. How much longer it will take to complete this phase of the investigation could not be estimated. Preparation of the ofecial report to Laskey necessarily has been delayed, just as it was thought the sum- mary of facts was about completed. The Star has learned that Justice agents have spent much time in ques- tioning conductors and motormen of street cars operating on the Geo! avenue line late on the night of the tragedy, and that bus drivers, both of the Washington Rapid Transit Co., whose busses operate from Grant Circle to the downtown section. and Wuhln?mn Railway & Electric Co., which also operate busses down Georgia avenue, were interviewed by Federal agents. There is reason to believe the de- fense may have anticipated the new line of inquiry by the Government and have taken steps to prepare to meet testimony. McPherson, question the Pederal witnesses weeks before Justice agents interviewed them.