Evening Star Newspaper, December 18, 1929, Page 2

SHELBY-KELLY CASE MPHERSON REVIEW | Three Policemen Among First . to Enter Apartment Are Put on Stand at Trial. ___(Continued Prom First Paj ule arranged by the trial board calls for daily session from 9:30 am. to 5 .m., with a 45-minute luncheon rec rom 12:15 to 1 o'clock. 16 of 32 Fail to Answer. It was 10:15 before the proceedings | got under way. Assistant Corporation | Counsel Fowler asked that the list of prosecution witnesses be called. Six- teen of 32 witnesses failed to Tespond to their names. These included former Policeman Robert J. Allen and Wil- liam H. Collins, assistant United States attorney, both of whom figured prom- inently throughout the McPherson case. | Allen, however, arrived some time later | after the witnesses had been ordered | to retire to an adjoining room. | Only & half dozen spectators were present, aside from the witnesses, when Maj. Atkins formally opened the trial by reading the special order of the District Commissioners designating the extraordinary board to try the two of- ficers on charges of inefficiency. Two policemen were on guard at the door. Defense attorneys waived the reading | of the charges and specifications. In- spector Shelby and Lieut. Kelly plead- ed not guilty to all of them. With these preliminaries out of the| way, Maj. Atkins ordered the room cleared of all the witnesses until sum- moned by the trial board. Hartman Is Called. The first witness called to testify was Policeman Earl P. Hartman of the third precinct, the first to arrive at the Park | Lane apartments when the body of Mrs. McPherson was found by her young husband, September 14, on the floor of her bed room. Under questioning by Assistant Corporation Counsel Lynch, the officer described the events that fol- Jowed his arrival at the scene. He said he only opened the door of the bed room and looked in at the body of the | young woman. Frank O. Brass came over 10| e b \fied, and he stayed relieve him, he test Il'ntl] the arrival of Capt. William J. Stott. Until the third precinct captain came, Hartman said he permitted no one to enter the bed room. Upon his arrival at the scene, Hart- man testified that young McPherson | and Wilmer C. Ruff, the manager of the apartment house, were in the apart- ment. Did Not Talk With Two. The most important phase of the of- ficer's testimony was brought out when he declared he did not talk with either Shelby or Kelly on the night and al- though he was summoned to appear as a witness at the coroner's inquest, he was not called on to testify. The prosecution questioned Hartman only for a few moments and then turned him over to cross-examination by the three defense attorneys. Attorney Quinn, conducting cross-ex- amination for Shelby, drew from the witness that he had waited in vain to be called at the inquest and had not seen Shelby. He said he had drawn up his incidental report of his visit to the apartment and the discovery of Mrs. McPherson's body, and this report was placed in evidence as document No. 1 by the prosecution. Under further questioning, Hartman #afd he had only looked through the | partially open door of the bed room and did not try to push the door open. It was merely his duty to see that not] J‘;WI.I disturbed in the apartment untf rrival of Capt Stott of his precihet and the chief of the homicide aquad. Stott Is First to Arrive. He testified that Capt. Stott was the | first to ar and was accompanied by McPherson’s father and a friend, whom he believed was Assistant United States Attorney Collins, Stott asked him if he had enough information to make out his incidental, he added, and went_into the bed room, accompanied by Officer Brass. Hartman said he didn’t pay any particular attention to them and could not tell how long they remained in the room. Attorney O'She; pearing for Kelly, drew from the witness the fact that he did not see the chief of the homicide | squad at the apartment, but saw him later at the station house. When Hart- man left the apartment, Capt. Stott was in charge. O'Shea resumed questioning of the | witness along a different line, the pur- pose being to elicit information as to whether Hartman had seen any signs of | l.”lmlrder in the apartment on his ar- val. “T looked around to see if there was any sign of a struggle,” Hartman ad- | mitted. i hl;’Dld you find any?” O'Shea asked “I did not,” the witness replied. Describes Bedroom Effects. He described minutely the effects in the bedroom, living room, bathroom and kitchenette which was the home of Mrs. McPherson and said he had found “nothing disturbed” and a'l the rugs| apparently in order. Hartman admitted, however, upon further cross examination, that one of the twin beds had been disturbed. The light on the small table between the beds was lighted, he said. Questioned by O'Shea as to whether he had noticed any odor when he ar- rived, Hartman replied: “Yes, I noticed an odor in'the living room and a very pronounced odor in the bed room.” He said he did not go into the bath| room. | Atforney Quinn asked the witness if he had opened any window in either the bed room or the apartment. Hartman replied that he had not, nor could he recall hearing any one open a window when Capt. Stott was in the room. The two double windows of the bed room, he | #aid, were closed. The xmvcuunn had no further ques- | tions ask Hartman in rebuttal when | his cross-examination closed at this; point. { Brass Relates Observation. Policeman Brass, also of the third precinet, followed Hartman on the wit- ness stand. He too had bcen in the | apartment of Mrs. McPherson shortly | after the finding of her . and Prosecutor Lynch questioned him at length as to the condition of the room and the position of the body. Brass gave a detailed description of the twin beds and told of observing a ukelele on one of them. Prosecutor Lvnch. then asked him what he ob- (Z ens | | | later, however, that Brass had not seen fo | precinct under arrest. ACCUSED POLICE OFFICIALS ON TRIAL THE EVENING STAR. WASHINGTON, Inspector William S. Shelby (left) and Lieut. Edward J. Kelly as they faced the trial board this growing out of their handling of the McPherson case. D. | morning on_charges —Star Staff Photo. served when he went in the bathroom. He replied he saw a clot of blood on the floor which was nearly dry. Subsequently, Brass told of the ar- rival of Lieut. Kelly, and said the de- tective was in the apartment for about an hour investigating, but that he did not talk with him in the apartment, al- though later he discussed certain de- tails of the case with him in the third precinct station house. He said he 5o was summoned to the coroner’s in- quest, but was not called on to testify. In response to a question by Prose- | cutor Lynch, Brass said Inspector Shel- by had not conferred with him about the case. Attorney Quinn brought out Inspector Shelby after the | coroner’s inquest. Coroner’s Visit Is Bared. Officer Brass could not establish clearly whether Capt. Stott had left the apartment after Kelly's arrival, but did recollect that the precinct commander was present when the coroner came. He testified under cross-examination that the coroner remained inside about 20 or 30 minutes and added he did not hear him make any statement. “Didn't you hear him say something bout giving a certifictite of suicide?” O'Shea asked him. “Not at that time,” Brass replied. The witness was questioned at length about the movements of other police officers on the scene, and said he could not say what Precinct Detective Burke did on his arrival there, except ,that he went to the bath room. “I did not see or hear him raise a window,” Brass testified. He added fu: ther he did not know whether any windows had been raised in the apart- ment. Written Report Is Raised. ‘When O'Shea questioned him as to whether he had ever been required to make a written statement, the prosecu- tion objected. The objection being over- ruled, O'Shea asked the question in a different manner. “Have you ever been required to make a written statement to your command- ing officer on a great crime?” the at- torney asked. Although Brass sald he had never been engaged on & major crime before, he admitted that he had been asked to e statements in previous cases. “But I was not instructed to do so in | this case,” he said. Frequently during his five years on | the force, testified, had been until | New York today said the New York | | American quoted Albert E. Guimares, | slaying of Dorothy King, New York | her. He went to the young woman's house on Eighteenth street, he said, but she was not at home, and he so reported to_Kelly. Uoon further questioning by the ro. ecution, he said that Kelly had told im to walk McPherson to the station house and keep him there until his arrival. Burke caused considerable amuse- ment when he was asked to be more specific about the time he had discussed the case with Kelly. He sald he | couldn't tell exactly, because he had | “talked to everybody in the city about it ™ “I think Kelly told me he had seen the Shepard girl,” he said, “and also that he had run down the report about hearing screams that night at the apart- ment, and tracing them a Mrs. Brown " ‘The witness said he did not testify at the coroner's inquest and wasn't sure he had been summoned. The recess at 12:15 o'clock having been reached at this point,; while prose- cution administered the examination of Bu]rhek. the hearing was adjourned to 1 o'clock. AFFIDAVITS BRING NEW DEATH DENIAL Porto Rican Reiterates Inno- cence in Murder of Model. An Associated Press dispatch from | Porto Rico broker. as again denying that he was criminally concerned in the | model, in connection with whose death in 1923 he was arrested and later freed Coples of aMadavits made by relatives of the late Mrs. Aurelia Fisher Dreyfus | of Washington, in which they sald Mrs. Dreyfus was afraid of being slain be- cause of her knowledge of the King murder. have been sent to New York | Brass X given instructions’ by- his anding Mcer, Lieut. Holmes, Capt. Chase and, “I believe, Capt. Stott,” te-minke written reports on cases he was investigating, | Brass testified. | Reverting to the scene of the apart- | ment, Brass said no outsiders were per- mitted in the room while Kelly was there except McPherson and his father. Kelly Was at Station House. Try as he could, Brass was unable to tell whether Lieut. Kelly and Detective Cullinane left the apartment with him, or just behind him. how- ever, that as soon as he arrived station house, he £~w Kelly there. cer Miller had been left at the apart- ment. ‘The witness said that Kelly had or- dered him to lock up the apartment and turn over the key. ‘The prosecution objected to hearsay evidence when O'Shea asked the witness if he had heard anyone say something about McPherson being ordered released. He did not know of any outsiders rnllll into the apartment up to the time it was locked up, although he said a girl reporter was at the p trying to Remembers Seeing Cord. get in when he left. Questioned again about the coroner, Brass deciared he had seen a cord, re- sembling the pajama cord, in his hands when ti official came out the door. The coroner said it had been taken from around the woman's neck, he “Is it not & fact at that time,” O'Shea persisted, “that the coroner said he was prepared to give a certificate of sui- cide?” the question sustained. Brass admitted later that another doctor was present when he noticed the | testified. was cord. Attorney Lynch took up the question- Ing at this point, and asked the witness if he were familiar with section 53 of the manual, outlining orders of proce- dure upon the finding of a body. A part of this declares tiat if cir- cumsiances indicate & crime has been committed, the officer should not per- authorities by United States Attorney Leo A. Rover, and are now under; in- Mrs. Dreyfus died as the result of a fall at the Potomac Boat Club during a dance October 20. She was understood to have told the New York police during investigation of the King murder that on the night of the crime Guimares had been with her and Edmund J. McBria New York broker. Guimares was a intimate friend of the model. The New York American gquoted Guimares as expressing doubt th Dreyfus made any pre-mortem s ment in repudiation of her original one to the police, and added: “If she did make such a statement it is an absolute falsehood.” “At the time of Dorothy King's death | I accounted to the lice for every | minute of my time. ey were com- | pletely satisfied with my story at that time, and I believe they still are satis- fled with what I said.” Police Commissioner Whalen sald an attorney for Guimares had offered 1w surrender him at any time he is want- ed, but said that he told him Guimares | was not wanted. |52 BODIES TAKEN FROM M’ALESTER MINE AFTER BLAST (Continued From First Page.) levels had convinced him that none of the men would be found alive. Cause Not Revealed. His inspection did not reveal the cause of the explosion, Hay sald, but miners familiar with the workings were inclined to blame sparks from an elec- tric “cutting” machine for the blast ‘They believed the machine uncovered a pocket of gas, which exploded. This explosion, they continued, probably caused dust, which in turn caused the greater explosion. “The mine suffered only slight damage, Hay sald after his inspection, but the mit anything to be disturbed, and should take the names of all persons whose testimony might clear any doubts on the matter. Asked what he had been told to do, the witness replied that Hartman ha merely given him instructions to k reporters out. Maj. Atkins intervened to ask the witness about Kelly's departure, and Brass reiterated that the homicide chief must have left about the same time he did. Falls to Recall Arrest. He did not recall at whose orders At this point Brass was excused, but told to hold himself in readiness to be recalled if needed. Detective Burke, be sworn in, also gave & descri) the scene as he found it in the apart- ment, At the outset, he mentioned hav- | ing seen some letters and papars in the bedroom, which he took to the third precinct, he testified. “I don’t recall ever talking to Kelly about these letters, or talking to any one else about them,” Burke testified. “They are in the drawer at the sta- tion now.” Kelly had talked to him about the case the first day and the day after, Burke testified, |& visit he had made to the apartment whether anything had been disturbed. Burke replied thatt everything was as he had left it, but that he had opened one window in the bed room. Capt. Stott had given him no orders when he had left the apartment, with Kelly in charge of it, the witness testi- fled. « the next witness to Friend's Name Enters. He testified that he had taken Mc- Pherson to the station house. When Kelly arrived there, he said, the Komi- Helé'ggzx‘:ggztncc_ i e e e s cide chief took the young man in the sergeant’s room, and talked to him. The name of Eleanor Shepard, a friend of Mrs. McPherson, entered the case when irke testified that he had been instru by Stott to go to see¢ i horribly bruised or burned. young McPherson was taken to the| nd asked him after ! broken and twisted condition of many {of the bodies brought to the surface | told & mute story of the great force of { the blast. | Many of the bodies were found with arms or legs broken, while others were Identifica- ! tion in many cases was difficult. One | man’s identity was established only | through the fact that he was known to | have a broken toe. ! "Joe Ponsella, Arnold Kessinger and { Frank Gonzales, thre three men taken | from the mine alive, all told stories of .a terrific concussion which left them dazed and deafened. Working much nearer the entrance than the others in the mine, the trio groped their way further into the entry and a: from the main shaft, fearing the dread minu damp, then all lapsed into unconscious- ption of | ness until they were taken to an emer- | | gency hospital near the scene of the disaster. Blast Believed in Main Shaft. The seat of the explosion was not | located in the first inspection, Hay | said, but he belleved it was in' either | the seventh or eighth entry of the { mine, near the bottom of the main shaft. Bodies taken from this section were badly burned, bruised and bore other evidences of bearing the brunt of the blast. Relatives of the men known to be in the shaft—most of them women and children—stood shivering in the biting {wind _through the night and gazing, ispeechless, at the grim, black mouth of the shaft. Barred from the morgues, { where fellow miners attempted to ide: | tity the bodies, they stood hopeless, dry- eyed, trained to stocism through famil- | Lambert, | transfer of stock in the Columbia, 8. C., | tual Welfare League of Auburn Prison, SHITH G EARNG TOBEHELD TODAY Receivership Suit to Be Put Before Justice Wheat This Afternoon. Hearing on the application for ap- pointment of a receiver for the F. H. Smith Co., and certain of its officials, will be held before Justice Wheat this afternoon. Originally set for this morn- ing, the hearing was postponed to en- able the court to take up another case. In a preliminary statement to the court, Attorney William Gwynn Gardi- ner, representing the four plaintiffs, in- dicated he will ask for an fnjunction to prevent the removal of property on the ground that “papers and effects” of the Smith Co. have been removed from the city since the filing of the receivership petition. Mr. Gardiner said it was “im- perative that something be done at once,” but the court declined to hear the case until this afternoon. Unable to ®btain Service. Mr. Gardiner also said the United States marshal has been unable to ob- tain service on the principal defendants, G.. Bryan Pitts, Samuel J. Henry and Daniel R. Crissinger. Service on their attorney, Wilton J. he said, would amount to constructive notice to these defendants. Mr., Lambert a few days ago refused to accept service, but Is thought to have changed his mind. The court was told service has been obtained on two other defendants, Representative Prederic N. Zihiman and Henry C. Maddux of the | Hamilton Hotel Corporation. It is believed that Mr. Lambert and his associate, Rudolph H. Yeatman, will contest the application on the ground that appointment of a receiver for th~ Smith company at this time would wo a severe hardship on the holders of the company’s preferred stock. “ ¥our Bondholders Brought Sauit. They contended that the plaintiffs hold only approximately $34,000 of the company's bonds, whereas the total as- sets of the defendants are in the neigh- borhood of $7,000,000. ‘The suit was brought by four bond- holders of the company, Andrew B. Caldwell and Giace Caldwell, 3401 Six- teenth street; Mary H. Farmer, 1264 Columbla road, and Eva B. Middleton, 1519 Oak street. They allege that they own bonds of the Smith Co. issued on property in Philadelphia, which is mortgaged far in excess of its true value, STAYS STOCK CHANGE IN NEWSPAPER CASE Federal Judge Issues 7,500-Word Opinion in Transaction In- volving International. | By the Associated Press. MACON, Ga., December 18.—Federal Judge Bascom 8. Deaver yesterday ad- dressed & 7,500-word opinion in the Hall-Lavarre case to the fifth district United States Court of Appeals in New Orleans for the court's guidance in passing on a petition for a writ of su- persedeas which counsel for William Lavarre will ask Thursday. The writ would temporarily stay Record; the Spartanburg, S. C., Jour- nal and the Spartanburg Herald from Lavarre to J. T. Webb, jr., court com- missioner appointed by Judge Deave Judge Deaver last week denied a writ of supersedeas, The judge pointed out that at one of the hearings attorneys for La- varre agreed that if a postponement of the stock transfer was granted until De- cember 8, at which time the Interna- tional Paper & Power Co. was to an- swer a suit for damages brought by Lavarre, the stock in the three news- papers would be delivered to Mr. Webb. ‘The court commissioner to receive the stock was appointed by Judge Deaver after he had held Harold Hall an equal partner with Lavarre in the purchase and operation of the three South Carolina newspapers and the Augusta, Ga., Chronicle. The papers | By the Associated Press. (., WEDNESDAY, MANTAKES OATH | HE IS FRANKLIN 3 | Testifies That He Was Girl’s: Sweetheart Believed Murdered. MOUNTAIN VIEW, Ark., December 18.—The man who claims he is Cflnmc: Franklin went on the witness MlndI here this morning and testified that he | is the same person four men, now on | trial, are charged with torturing and | burning to death. He described his arrival in the St. James community last January, staying the first night at the home of S. H. Greenway, father of Herman Green- way, one of the defendants. His first job as a farmhand, he said, was with Joe White, another defendant. Next he worked for Herman Grenway, he claimed. The beginning of a courtship with Tillar Ruminer, the star witness for the State, was described. “We just sparked a little.” the wit- ness sald when asked if they had a love affair, ‘Then he related the story of his| movements on the day Franklin was reputed to have been slain. He and Herman Greenway, Hubert Hoster and Alex Fulks, all defendants, started to Mountain View to get a marriage license for him, he said. They all got drunk, he added, and he fell off a mule. He sald he regained con- sclousness two or three hours later nnd; went first to the Ruminer home and | then to Herman Greenway's home. That night he returned to Herman Green- way's, where he went to bed, while the girl_sat up all night, he added. “The next morning,” he said, “Tillar told me she wanted to put off the wedding until Fall. I told her there wasn't any use of doing that. She said, ‘Well, I want to.’ | “I walked across the porch and called her over. She said if I had anything more to say, go ahead and say it be. cause she was through. I said, ‘Well, I'm through, too.’ “I walked out the gate and started | after my cap, where I'd lost it the day before and just kept on going.” He told where he spent the first night and continued to trace his move- ments from that time until he was found at Humphrey, Ark., 10 days ago. In concluding the direct questioning, defense counsel asked: “You weren't beaten to death.and burned last March were you?" “Well, I don’t look like it, and don't feel like it,”” he replied amid laughter. Miss Tillar has denied that the youth who says he is Franklin was her sweet- heart. $23,000,000 PARKS BILL FOR DISTRICT IS PASSED | BY HOUSE COMMITTEE| (Continued From Pirst Page.) needed from the Federal Treasury. Of this total $7,000.000 would be for ex- penditure in Maryland and Virginia and $16,000,000 for expenditure in the District of Columbia. ! Land acquired for the George Wash. ington Memorial Parkway would be on | & 50-50 basis between the Federal Gov- ernment, and the State, county, other political subdivision or private indivi- duals, and the entire cost of maintaig- ing the memorial parkway would the after be borne by the Federal Gover ment. Extensions of Rock Creek and Ane- costia Parks into Maryland would be at a ratio of two-thirds paid by the State of Maryland or political subdivision, or individuals, and one-third by the Fed- eral Government, with the cost of maintenance thereafter borne by the State. ‘The $16,000,000 in the District would be advanced by the Federal Governmeént to be paid back by the District reve- nues at the rate of $1,000,000 a year, which is the same amount as now au- thorized by law to be expended for de- celopment and extension of the park em. e advantage of the new measure is that it allows tracts which will event- ually be needed for park purposes to be acquired now before prices have been sdvanced or development work carried out on these areas. The Dis- trict would also be relieved of the dan- ger of the Park Commission using au- thority it now has io spend some frac- tional part of the District's $1,000,000 a year for acquiring park lands in Maryland and Virginia. FERRYBOAT IS LOST IN NEW YORK FOG! By the Associated Press. | NEW YORK, December 18.—A fog 50 | dense that a ferryboat was lost for lwo; hours in the East River disrupted harbor trafic today and held five liners at| anchor in the bay. A thousand passengers returning from | Europe after stormy voyages were forced | to snend another night on the water wher, the ships were unable to penctrate the h avy mist to reach their piers. Six hundr. d other persons, bound for cruises in the West Indies, were delayed when their ships were forced to drop anchor in the bay after starting their trips. The municipal ferryboat William T. Collins, with 35 passengers and & score of motor vehicles aboard, left her pier at East Ninety-second street at 7 p.m., bound for Astoria, Long Island. When after an hour she had failed to reach her destination, two police launches were sent out in search. Shortly after 9 o'clock word was received that the boat had reached a haven at Ward's Island in the East River. The boat had drifted blindly for five miles. The passengers were taken over- land to the west side of the island, were purchased with money loaned by the International Paper & Power Co. ferried back to Manhattan and finally went home by subway. AUBURN CONVIC | Information Lis By the Associated Press. NEW YORK, December 18.—A report issued today by the National Soclety of Penal Information contains an explana- tion by the convicts themselves of the underlying cause for recent prison out- breaks. ‘The explanation was given in a report by the executive committee of the Mu- liarity with the hazardous nature of the miner's work. ‘There was some hysteria as word of the disaster spread with lightning-like rapidity through the city, but this soon quieted jnto & hushed, hopeless expect- ancy. As the night advanced the crowd about the mine mouth dmdlofl until at-dawn only & handful . where two outbreaks in recent months have taken the lives 5t a dozen prison- ers and keepers. The Mutual Welfare League is an organization of the prison- ers, to which is entrusted many de- talls of prison management and disci- pline. Thefr report list flve reasons for prison_discontent : 1—Excessive sentences, with the in- UNDERLYING CAUSES OF RIOTS ‘Report to National Society of Penal for Outbreaks. TS EXPLAIN ts Five Reasons ducement of earning time off for good behavior cut to a negligible amount by recent laws 2. Men actually innocent of the crime for which they have been found guilty who brood over their wrong and spread discontent. 3. Monotonous and insufficient diet, for which the warden is not responsible, since supplies are secured through a purchasing agent and contractors. They also charge that the money allotted for food is insufficient. 4. Apgly\nr to convicts sentenced under the old laws the more stringent provisions of recent legislation, the ‘most drastic being the rule that earned good-time compensation does not take effect until after the minimum sen- tence has been served. 5. Withholding from long-term pris- oners the compensation they earn in prison until theif discharge. . DECEMBER 18, 19%. HOOVER BROUGHT INTO SUGAR PROBE Lakin Letter Says President Instructed Secretary to Make Contact. _(Continued Prom Fir: cause of his friendship with the Presi~ dent. H “Is it fair to bandy the name of the President around this way in your correspondence?” the Senator asked. “Perhaps it hasn't been judicious,” Lakin said, “I don't see anything un- fair in it.” Lakin said it all “boiled down to whether anything improper had been done.” “I don’t think anything unproper was done,” he asserted. “Do you think you have been fair to the President?” Robinson demanded. “I don’t know whether I have or not,” Lakin said. Sought du Pont Aid. the employment of Shattuck partly be- | { | | Lakin wrote Dr. Luis Machado of Havana that “through your du Pont connections” Machado should attempt to persuade the Delaware Senators and Representative to vote on behalf o Cuba. Machado's reply and & copy of a let- ter he had written Irenne du Pont was then read into the Record. Machado's letter to duPont requested dePont to present the whole sugar question to Senators Hastings and Townsend and Representative Houston, all of Delaware, The letter said the Cuban cause was just and added, “I know you share my Views.” Shortly after the introduction of Lakin’s letter to Starring the commit- tee recessed until tomorrow, when Shat- tuck will be called to testify. Lakin, writing to the head of an a sociation of sugar mill owners in Cub !said smoot. was the spokesman for t remolacheros,” which was interpreted as meaning the beet sugar interests. The letter added that it was difficult in talking to- Smoot to draw any dis- tinction between “his position as Sena- tor and his function as leader of the Remolacheros. A letter referring to Edwin P. Shat- tuck, attorney hired by the Cuba com- pany, and his reported friendship to President Hoover also was read into the record. Migh{ Prove “Embarrassing.” ‘This communication, also to the head of the Mill Owners’' Association, said: “You have learned from me the close- ness of the relations between President Hoover and Mr. Shattuck.” It added that this should not be mentioned to Shattuck since it might prove “embar- rassing.” Lakin had previously testified that one of the reasons for hiring Shattuck was his acquaintance with the Chief Executive. A letter from Lakin to Shattuck was introduced, which said that E. R. Jones, who lives in Mexico, had written him that Dwight W. Morrow, Mexican Am- bassador, was anxiou to talk with him about Cuba, because of the close rela- tions between J. P, Morgan & Co. and the Cuban government in the matter of government loans. Lakin said he prepared & memoran- um on the Cuban situation for his own ihformation, but that after he visited Mexico Morrow insisted on seeing it and took several vopies. ‘The witness testified he thought that Jones had “used the Morrow angle as & put-up job to get me in Mexico.” With the introduction of the memo- randum, the reference to Morrow, a former member of the firm of J. P. Morgan & Co., was dropped. Walsh Criticizes Lakin: Lakin was oriticized by Senator Walsh, Democrat, Montana, after a letter written by the witness to a Mr_ Aballi, head of an association of Cuban mill owners, had been read. ‘The letter said “It would not always be advisable to put our plans in writing, ‘but we will contrive in some way to keep you and your association informed of developments.” ';‘-’rma was an inept expression,” Lakin said. “There is so much of your languaj that does not express your ideas,” ‘Walsh commented. Lakin explained he intended to keep Aballl informed by frequent confer- ences. ‘The employment of Shattuck was re- ferred to in another letter from Lakin to Aballi on April 1, which said: “You have learned from me the closeness of the relations between Pres- ident Hoover and Mr. Shattuck. Will you kindly arrange with the conferees not to mention this subject in the con- ferences with Mr. Shattuck. He may tell you something on these relations of his own volition. I can tell you privately, but it might be embarrassing | for those relations to be discussed in his presence. Obliged to Conceal Relations. “Naturally he is obliged to conceal those relations as much as possible in order not to embarrass President Hoover."” ‘Walsh asked Lakin if he had anything to say about the letter. “I am afraid the letter speaks for it- selt,” he replied, Lakin added that Shattuck’s relations with President Hoover “might be mis- understood.” Senator Smoot of Utah was mentioned in another letter from Lakin to Aballi. The letter said Smoot was the ‘real spokesman” of the “Remolacheros,” which was interpreted as the beet sugar gl;:(‘i:cern. Utah is a large beet sugar “Smoot is the real spokesman for the Remolacheros,” the letter said, “and he Is a Senator and it would be difficult in talking with him to draw any distinction between his position as Senator and his function as the leader of the Remola- cheros.” Lakin sald he also asked William Williams, a Washington attorney, if he. could aid In the tariff campaign. ‘I thought maybe he knew some one he could introduce me to here,” Lakin sald, adding that Williams told him he could be of no assistance, Senator Walsh asked if any New York banks, in addition to the National City Bank, had sugar interests in Cul Lakin said the Chase Bank was a creditor of a Cuban sugar company and that the Corn Exchange Bank and the International Acceptance Corporation had some interest in Cuban sugar. Walsh read a letter written by Lakin which said Dwight W. Morrow, Ambassador to Mexico, was eager to talk to him when he visited Mexico. Anxious for Morrow Talk. “I was apxious to talk to Morrow.” Lakin testified, “because I had been disturbed about a miscenception of Cuba in this country. I thought Mor- Tow might be Secretary of State and I wanted to impress on him the im- portance of adopting a definite policy in regard to Cuba as soon as possible.” ‘The letter, written to Shattuck on January 28, said: “My visit to Mexico was primarily for the purpose of inviting Jones, but he, in order to make sure that I would come to Mexico, cabled me that Morrow was anxious to talk with me about Cuba, in which Morrow has had much interest because of t@e close relations between J. P. Morgdn & Co. and the Cuban government in the matter of govern- ment loans. Lakin said he thought Jones, who was not identified, had used the Morrow angle as & “put up job to get me to Mazim Testimony about the conference was 4/Senator Daniel 0. Hastings| SENATOR DANIEL O. HASTINGS. POWERSOFSENATE 5 FORUM SUBIET to Talk on Radio Tomor- row Night. PERUSEXENVDY . 1S DEAD IN TTALY Pezet, Former Ambassador Here, Helped Settle Tacna- Arica Dispute. By the Associated Press. NEW YORK, December 18.—Federico Alfonso Pezet, former Peruvian Am- bassador to the United States, died to- day in San Remo, Italy, according to word received by his son, A. Washington Pezet, who lives in New York. Senor Pezet, a grandson of Gen. | Pezet, president of Peru from 1862 to 11865, became ambassador in 1919, re- maining in that post until 1923, He was credited with doing much to end the dispute between Peru and Chile on the Tacna-Arica question. Was Pan-American Enthusiast. Mr. Pezet first came to Washington in 1901 as secretary to the Peruvian legation, after having been consul gen- eral at New York for a year. He was soon promoted to *the office of charge d'affaires and remained here until 1904, when he was transferred to Central America. Returning to Washington as Minister plenipotentiary of tne first class in 1912, he held that post until 1916, when he resigned. During the World War Mr. Pezet was identified with business in New York. He took a leading part in war activ- ities, especially in connection with the Red Cross and the Liberty loan cam- paigns. Again’ called by his government in The Senate and the Constitution, with | particular reference to | will be the subjct oef a Nation-wide address which will be delivered by Sen- ator Daniel O. Hastings of Delaware. in the National Radio Forum conducted by The Star at 10:30 tomorrow night. The forum is carried over the network of the Columbia Broadcasting Co. and is heard locally over WMAL. Senator Hastings s expected to deal with the powers of the Senate itself in determining whether members-elect and members-designate shall be seated or not, questions which have been in the public eye because of the Pennsyl- vania cases recently decided. The Sen- ate has also been the subject of many attacks from various quarters in recent months and the Delaware Senator may reply to some of these attacks. The Delaware Senator is a member of the so-called Republican “young guard,” which was organized during the closing weeks of the special session of Congress for the purpose of expe- diting action on the tariff bill. He is a stanch Republican and supporter of the administration. He is convinced, however, that there must be an adjust- ment which will bring the Western and Eastern wings of the Republican party together again. Senator Hastings was appointed to the Senate in 1928 to fill the vacancy caused by” the resignation of former Senator Coleman T. du Pont. He comes up for election next year. He had a wide experience in public life in his own State before he came to Washing- ton and is recognized as one of the ablest of the “younger” Senators. URUGUAYAN FLYER MAY RESUME TRIP Larre-Borges, Forced Down Brazil, May Be Offered - New Plane. | - { m | By the Associated Press. RIO JANEIRO, December 18.—Maj. Tadeo Larre-Borges and Lieut. Leon Challe probably will complete in an- other airplane the flight to Montevideo, Uruguay, from Seville, Spain, which too difficult. It is expected that as soon as both men arrive at Natal, far Northeastern Brazil, from the isolated spot where they crashed after flying 3,600 miles across the Atlantic, they will be offered another machine in which they will fly first to Rio Janeiro and then to Monte- video. Lieut. Challe, slightly injured over one eye and painfully bruised, was brought by airplane last night from the spot of the mishap, near Santo Antonio, to Natal. Maj. Larre-Borges was too fatigued to make the trip and pre- ferred to sleep. Lieut. Challe, although not badly injured, was removed to a hospital. The plane was expected to return for Maj. Larre-Borges and bring him to Natal today. The plane and pilot, oddly enough, were the same which brought the Italian aviators, Ferrarin and Del Prete, to Natal after a not dissimilar Px]:el’lfnce at the end of their trans- atlantic flight in 1928. The plane of Maj. Larre-Borges and Lieut. Challe was wrecked in their forced landing. Persons familiar with the territory in which they landed were amazed that the two met no harm from Brazilian wildeats, which infest the area. It was felt that they owed their safety only |to having alighted near some farms | instead of a 'clearing in the jungles. The | district is the home of the ferocious Brazilian wildci |ZIHLMAN NAMES M’LEOD AS COMMITTEE HEAD FOR TIME OF ABSENCE _(Continued From First Page.) buys and sells lands and opens streets and what-nots. the Senator see anything wrong with that particular situation? The Senator can answer that question under the rule.” “If he were acting in accordance with the law in every particular and in good faith, I do not know of any law of any city to prevent the mayor from engaging in the real estate business, any more than in law business or any other business.” Senator Brookhart answered, referring to the hypothetical case. | not further developed. Morrow is a former partner of J. P. Morgan. Text of Letter. The text of the letter from Lakin to Shattuck, on January 28, follows: “Inclosed is & memorandum on Cuba of which Morrow has coples. I wrote | their own Breguet plane Monday found | 1919, Mr. Pezet returned to Washing- | ton as Ambassador to the United States, He was very active in all Pan-American affairs, particularly in discouraging issues which what he regarded as a tendency of t have recently come before that body, | American Government to mmhu on};: | Argentina, Brazil and Chile instead of Illl the Latin American countries, or at lltnsv, groups of those interested in any | particular issue. Senor Pezet was the first Peruvian ! Ambassador to this country, and the State Department annulled for him its ‘house rule,” which had its origin in a Costa Rican case, that diplomatic recognition may not be given to a Latin American government coming into power through revolution. |ARTS PLAYERS TO GIVE “SCRAP OF PAPER” TWICE The Arts Club Players will open their season with “A Serap of Pape: to be presented tomorrow and Friday night, under direction of Mrs. Henry Hayes. It is announced that members of the club must have reservati made in advance to obtain unhhtg: either performance. Maude Howell Smith will speak a prologue, written by Mrs. Hayes, and a number of new players will appear, including Harry Allan Welker, Mrs. Elizabeth Edson, Harold Allen Long and Miss Helen Griffith. Among well known players of the club to appear will be Grace Peters Johnson, Anne Ives, Betty Ridsdale, Anne Wymond, Denis E. Con- nell, Maurice Jarvis, Martin Scranage and others. SCRIVENER'S DEATH IS HELD SUICIDE IN BRIEF JURY REPORT (Continued From First Page.) Scrivener was shot failed to correspond with Serivener's fingerprint. This fractional print was checked against * the ' fingerprint of numerous members of the Police Department and | other persons in an unsuccessful effort | to learn whose print it was. It was | conceded by certain investigators that this print might have been placed on the weapon accidentally after Scriven- er's body was found. Witnesses testi- fied, however, that no one had handled the pistol except with a pair of pliers. Included among the witnesses were various officials of the Police Depart- ment who guudp-ud in the investiga- tien which followed the finding of Scrivener's hody. Also among those called were close friends of the detec- tive, girls with whom he had beeén friendly, several physicians, fingerprint exgem and firearms experts. deut. Edward J. Kelly, former chief of the homicide squad, was in the grand jury room more than two hours. More time was devoted to his testimony than to that of any other witness. While he declined to reveal what he lanned to testify, he is known to have n the chief supporter of the sulcide theory. He testifled to this effect at a coroner's inquest shortly after Sclr‘lvleln!l"s death, elly expressed the opinion at that time that a tie, torn in halves found in Scrivener’'s hand when his body was discovered, was merely part of a shrewd scheme by Scrivener to make his death look like a murder. Other witnesses said Scrivener had told them he could kill himself and leave clues which would indicate he had been slain. Liquor Theft Rumors Probed. The grand jury is known to have investigated reports that Scrivener was murdered at the direction of higher-uj of the police department because ré is said to have been investigating the alleged theft of liquor from the police department property room. The grand jury’s report indicated insufficient evidence had been produced to confirm such charges. After being dormant nearly three vears following the coroner’s investi- ax:l'f.h:f ’t:'e ':'nu:l was revived as a re- formation reported to United States Attorney Leo A. Rover which caused him to belleve there was suf- ficient doubt concerning the circum- stances surrounding Scrivener's death to_warrant a grand jury investigation. Rover attached so much importance to the case that he took rsonal charge of the examination of witnesses. In addition to the new evidence in- troduced by the social worker, another factor said to have impressed the grand jury was the course of the bullet that killed Scrivener. In view of the marked grade in the alley and Scrivener’'s con- siderable heighth, the downward course of the bullet through his heart would have made it necessary, experts report- ed, for an assallant to have held the gun almost at the level of his ear. Ties Break at Knot. It also was reported that scientists it in long hand while .on my way to Mexico in November to visit my friend, E. R. Jones. As I have already told you, my visit to Mexico was primarily for the purpose of visiting Jones, but he, in order to make sure that I would come to Mexico, cabled me that Morrow was anxious to talk with me about Cuba, in which Morrow has had much interest because of the close relations between J. P, Morgan & Co. and the Cuban government in the matter of govern- ment loans. “I originally prepared the memo- randum in order to clarify my ideas about the Cuban situation from a stand- point of personalities influential in Cuban affairs of today, and had not in- tended to show the memorandum to anybody, but when Morrow heard of the memorandum from Jones he in- sisted on seeing it. He took the memo- randum and had several copies mage, returning to me the original mem randum and a carbon copy. The in- closure herewith is the carbon copy which was typewritten in the American embassy in Mexico.” b | ‘The reference to Morrow was dro) ped ‘after in " testified he thoug that was to get him to Mexico. of the Bureau of Standards learned it would be almost imposs! necktie in half at the back of the néck. Tests made in many cases showed tha: the tie invaribly broke next to the knot. The Scrivener tie was broken in the back. The Bureau of Standards wit- nesses told of conducting tests on ma- chines of known Lulling power on ties similar in texture and type to the Scrivener case cravat before deciding it was not plausible to believe the de- tective could have ripped the tie from the neck of an assailant. In contradiction of the suicide theory, & physician who attended Scrivener, while not disclosing the ailment for which he was treating the detective, stated that Scrivener had no disease that would compel him to take his own life. This witness testified twice, being recalled after other persons had offered testimony that seemed to clash with that of the doctor. While Rover declined to make a statement, it was generally believed in official circles that the grand jury re- port was amply supported by evidence produced during the examination cf witnesses and that no further official investigations. of ths detective's death were likely to be undertaken.