Evening Star Newspaper, December 19, 1929, Page 1

WEATHER. (U. 8 Weather Bureau Forecast ) Partly cloudy and much colder to- night: minimum temperature about 25 degrees; tomorrow fair, colder. Tem- peratures—Highest, 64, at noon today; lowest. 53, at noon Full report on page 5. . Late N. Y. Markets, — vesterday. Pages 13,14 & 15 b WITH SUNDAY MORNI NG EDITION ¢ Foening Star. The only evening paper in Washington with the Associated Press news service. Yesterday’s Circulation, 112,333 No. 31,278. post office, Entered as second class matter ‘Washington, D C; WASHINGTON, D. C., THURSDAY, DECEMBER 19, 1929 —FIFTY-FOUR PAGES. " () Means Associated TWO CENTS. Press. SHELBY-KELLY QUIZ 15 TOLD OF SEARCH FOR FINGERPRINTS Reconstruction of Picture of McPherson Tragedy Is Virtually Completed. PICTURES OF SCENES AT APARTMENT SHOWN Reporters Barred Until Coroner Saw Body—Mild Clashes Enliven Session. Former Policeman Robert J. Al- len’s sensational claim that he had seen a man leap from a window of the Park Lane Apartment early in the morning on the day Mrs, Vir- ginia McPherson was found stran- gled to death in her bed room was Fublicly repudiated for the first time today by Officer Laurence Botts, former partner of Allen, who figured as a witness in the trial of Inspector William S. Shelby and Lieut. Ed- ward J. Kelly for alleged bungling of the McPherson case. Allen was only absent about 10 minutes on their round of duty the night of the occurrence, and Botts said he could not have gone to the Park Lane and back again to the rear of Emergency Hospital where he had left him in that short time. He said Allen at that time made no statement that he saw a man jump from the Park Lane. A reconstruction of the detailed pic- ture surrounding the mysterious death of Virginia McPherson was virtually completed today at the second session of the extraordinary trial of Police In- spector William S. Shelby and Lieut. Edward J. Kelly, thus paving the way for determination of the basis of the July grand jury's accusations of in- efficlency against the two veteran po- lice officers in connection with their investigation of the case. A collection of photographs of the gruesome scenes in the Park Lane apartment where the garroted body of Mrs. McPherson was found September 14, taken by police photographers, and other incidental details of the police investigation were woven into the re- constructed picture of the death of the young nurse—a picture which twice be- fore was built up for the two gmnd Juries which investigated the case. The prosecution continued its parade ©f witness before the trial board to sup- rt the charges that Shelby and Keily d been lax and inefficient in the part ‘they played in the investigation of Mrs. McPherson's death. Shortly before he was scheduled to take the witness stand, Allen, however, anounced he would refuse to testify. “I am thoroughly dissatisfied and dis- usted with the entire proceedings,” he id. “I am convinced that it is noth- ing but a whitewash and the McPher- son and 'Scrivener verdicts of the resent grand jury convinced me that rhe police and the district attorney's office have the situation well in hand. 1 am tired of trying to aid such an in- sincere and partial proceedings.” Reporters Are Questioned. Six prosecution witnesses had testified betore the luncheon recess of the trial board. They included two newspaper reporters, who covered the case brought out that Kelly, who, as head of the De- tective Bureau homicide squad, was in charge of the investigation did not ad- mit any newspaper representatives to the death chamber in the McPherson apartment until after the coroner had viewed the body and issued a certificate f suicide. ; i Two fingerprint experts of the Police Department also called by the prosecu- tion pointed out that views of all fingerprints and other material evi- dence had been photographed. Fred Sandberg, the recognized Bertillion au- ‘hority, who is in charge of the De- tective Bureau's fingerprint department -ven praised Kelly for his “painstaking, thorough and efficient investigatio One point developed by the prosecu- tion in this connection was that the pathroom in the McPherson apartment had not been examined for potential fingerprints. Mild Clashes Enliven Hearing. ide from Sandberg, the other wit- m::es who testified were Willlam R. Enyeart, a headquarters fingerprint ex- rt; Harold Kneeland, a reporter for the Daily News, and Rex Collier of the news staff of The ¥vening Star, both of whom covered the McPherson case; Wilmer C. Ruff, manager of the Park Lane apartment, nnd1 Da;"ld ‘:hnslfil:?;!, nographer at police hea 4 bt g‘:\'fl%l pmlld clashes between the prosecution and defense lawyers en- Jivened the morning session. ~Shelby's Jawyers are He“ry“x’. Quinn r:t:dd (g;o;gte . Relly is represe - E. Strong. Kelly .sgefl. Robert E. ~(Continued on Fage 4, Column 5) The most magnificent fountain in the world to be erected by citizens of Pennsylvania on Pennsylvania avenue, as the contribution of that State to the development of the National Capital, is proposed in & resolution offered in the House by Representative Henry W. Wat- son of Langhorn, Pa., on which the House library committee held a hear- ing today with the prospects of a fa- vorable report soon. Two sites are under consideration by the Commission of Fine Acts for loca- tion of this fountain, one in the pro- posed Union Square on the cross axis of the Mall, just west of the present Botanic Garden, and in front of the new municipal center on the north side of Pennsylvania avenue, and in line with the vista from the court. house. The other is on the site of Poli’s Thea- ter, diagonally across from the Treasury GIFT OF FOUNTAIN TO CAPITAL PROPOSED BY PENNSYLVANIANS Site on, or Near. Avenue Named for State Suggested by Commission of Fine Arts as Suitable. Building, and north of the new De- partment of Commerce Building. The plans of the sponsors of this movement to provide the fountain as a gift to Washington Beautiful contem- plate the raising of funds by the Penn- sylvania Gift Fountain Association of which Andrew W. Mellon, Secretary of the Treasury, who is taking a lead- ing part in the Capital development program, with Senators Reed and Grundy, Representative Watson and other prominent Pennsylvanians, are incorporators. The purpose of the House resolution was cxplained by Representative Wat- son at the hearing today. He said that the charter for the fountain associa- tion had been granted by the courts of Bucks County last July, and that the incorporators, in addition to those just mentioned, include James J. Davis, Sec- retary of Labor; Representatives James M. Stephen G. Porter, J. R. inued on Page 11, Column 3.) (Cc RACE TRACK FRAUD AT BOWIE HINTED Finances of Association Ex- pected to Be Aired in Wom- an’s Suit for Accounting. Special Dispatch to The Star. BALTIMORE, December 19.—Finan- cial details of the Southern Maryland Agricultural Association, operating the Bowie race track, are expected to be aired today before Judge Morris A. Soper in Federal Court in ‘he suit by Mrs. Matilda Bryan of New Jersey for an accounting of expenditures of $570,~ 000. Mrs. Bryan, owner of 3,494 shares of the 12,000 outstanding shares of the association, maintains that a check for $318,939.62 was drawn to the order of James J. O'Hara, general manager of the track, and charged on the books of the company to the building account at the time of the erection of the con- crete grandstand at the track in 1927. Added to this were other items paid to the contractors, according to Mrs. Bryan's complaint, which she asserts were grossly excessive, indicating fraud. Complaint also is made by her against salaries in excess of $30,000 allowed an- nually by the Maryland Racing Com- mission for payment to officers of the association. o CHICAGO SCHOOL OFFICIAL VINDICATED Row Started by Mayor Thompson's Charge Books Are Pro-British Won by McAndrew. By the Assoclated Press. CHICAGO, December 19.—For nearly two years Willlam McAndrew had sought to disprove the charges that re- sulted in his ouster in January, 1928, as superintendent of schools and yes- terday he was vindicated in Superior Court. Mayor Willlam Hale Thompson made one of these charges in the turbulent school squabble in the late Summer of 1927—that the textbooks used in the Chicago schools were “pro-British.” As to this charge the court said noth- ing, for it declined to examine the 70 or 50 books offered in evidence. Judge Hugo Pam decided the matter on two principal points—first, Was McAndrew insubordinate? and, second, Was he given due legal notice of the charges? The decision answered both in the negative and granted a writ that wrote “Void” on the ouster and quashed all records of the case. At the time McAndrew lost several months’ pay, as he was given no salary during the progress of the trial—begun in the Autumn of 1927 and ended in January, 1928. His counsel, however, said there would be no effort to collect. When word of the court’s action was received counsel for McAndrew appear- ed before Judge Thomas Taylor and moved to dismiss McAndrew's $250,000 suit against Mayor Thompson, based on the “pro-British” textbook charges. PRICE SETS NEW MARK. Army Flyer Establishes éecand Record for Altitude. SAN DIEGO, Calif., December 19 (#). —The Army altitude record for pursuit planes was given its second boost in two days as the result of a flight by Lieut. George E. Price in continuation of tests under way at Rockwell Field. Lieut. Price rose to an altitude of 31,700 feet yesterday, exceeding by 1,500 feet the height attained Tuesday by Lieut. Hal Bundy. ;OPE CALLS ON LAITY TO JOIN CLERGY IN CHURCH ACTIVITIES Makes Public Encyclical Commending ‘Armies of Valorous Soldiers of Christ’ Gathering for ‘Battles of the Lord.’ the Associated Press. !’VATICAN CITY, December 19.— Greater participation of the laity in church activitles was recommended by Pope Pius in an encyclical made public this afternoon. In the course of the encyclical the Pontiff said: “We see with immense consolation armies particularly reserved for pacific works organizing everywhere and com- of valorous soldiers of Christ, especially among the young, who in at numbers are gathering to train Fhemselves for the holy battles of the Lord. “There they find not only force or a means of bettering their own lives, but they feel in their hearts a mysterious voice calling them to become apostles n nll‘(he magnificent import of the ™The Pontifl recommended various group, such as ““Catholic Action,” as being necessary for the' participation of the laity in the apostolic hierarchy's endeavors. He said that he was never tired and never would be tired of pro- moting and recommending such or- ganizations, ‘The Pontiff recommended the prac- tice of going into spiritual retreats, such as he himself has just undergone, for the laity as well as clergy, saying that great salutary effect came from this. “The great malady of modern age, the principal source of the evils we all deplore,” he said, “is the lack of re- flection.” He deplored in modern life “that con- tinual and really feverish effusion for externals, that immoderate appetite for riches and pleasures which little by little weakens in the soul all the noblest ideals, submerges them beneath earthly, transitory things, and does not permit the soul to rise to consideration of the eternal verities of divine laws er of g&drme single source of all that ex- FRANKLIN JURYMEN REPORT DEADLOCK Told to Deliberate Further to Spare Impoverished Coun- ty Further Expense. By the Associated Press. MOUNTAIN VIEW, Ark., December 19.—The jury in the Connie Franklin murder trial reported to Judge S. M. Bone soon after 11 o'clock this morning that it was deadlocked regarding a verdict. The judge ordered the jurors to continue deliberations on the fate of four men charged with torturing and burning Franklin alive. The foreman, Tom Moore, asked the judge whether the charge could be re- duced to second-degree murder. The original instructions permitted a verdict of second-degree murder with the penalty fixed at imprisonment of from 5 to 21 years. The foreman said in reporting the deadlock that he did not believe an agreement could be reached. Judge Bone said the trial had been expensive to the county, already in debt and with- out funds to pay the witnesses, and urged that every effort be made to agree so that another trial would not necessary. The jurors then retired. ‘The case was given to the jury late last night, but the jurors deliberated only a few minutes before going to bed. They resumed deliberations at 8:30 o'clock this morning. A few minutes before the jury report- ed, the county grand jury was dis- charged by Judge Bone, thus precluding any further investigation of the Frank- in case until the May grand jury, Prosecuting Attorney Hugh Williamson sald. Previous to the trial he an- nounced that regardless of the outcome of the trial, further investigation prob- ably would be made. At 11:40 the jury again filed into the court room. time the members asked to hear instructions again, and also the testimony of Dr. C. W. Garri- son, State health officer, as to his ex- amination of bones exhibited by the State as the remains of Connie Franklin. Before this testimony was read Judge Bone recessed for lunch. On the second trip to the court room, the foreman reported one man had changed and that the jury stood 7 to 5. COURT BUILDING MEASURE PASSED Senate Action on $9,740,000 Bill Adds Important Structure Here. Another important step in the Gov- ernment’s building program in Wash- ton was taken today when the Senate passed the bill authorizing $9,- 740,000 for construction of the United States Supreme Court Building. The measure passed the House several days 2go, and now goes to President Hoover to be signed. Senator Keyes of New Hampshire, chairman of the public buildings and grounds committee, obtained favorable action without debate. He called the bill up yesterday, but at that time Senator Norris, Republican, of Ne- braska, suggested that the Supreme Court bill be withheld until a matter then before the Senate was disposed of. Senator Norris made no objection to passage of the bill today. ‘The Supreme Court Building will face the Capitol grounds and will cover the square from East Capitol street to Maryland avenue between First and Second street. This area already has been purchased by the Government. It is probable that some money will be appropriated at this session of Congress to begin this project. The highest court in the land now occupies the central portion of the Capitol Building, where space for the various requirements of the court neces- sarily limit it. The new building not only will contain a spacious court room, but will make available ample space for a law library, clerks’ offices and other purposes. The architecture for the new building will conform to the im- portant position the structure will occupy in front of the Capitol. .. Admits Killing Partner. ELIZABETH, N. J., December 19 (#). ~—Harry George confessed yesterday that Bernard Toner and he slew a third member of their band, after the latter had won from them more than $2,000, the proceeds of a night of rob- beries in towns throughout North Jer- sey. George refused to reveal the name of the dead youth, whose body was found near a blood-stained automobile in Linden before dawn. Six Deaths Caused by Fog. ESSEN, Germany, December 19 (). —Six railway track workers were killed and eight severely injured when a loco- motive ran into a gang working on the ' main line, near Mulheim, in a fog to- dayr bel SHATTUCK DENIES DISCUSSION WITH HOOVER ON TARIFF | Tells Lobby Probers He Had No Direction From Presi- dent Regarding Sugar. TALKED WITH NEWTON ON SLIDING PROPOSAL Lawyer Also Refutes Claim He Solicited Contributions in Cuba for Work, [ By the Assoclated Press. Edwin P. Shattuck, a lawyer, who has been described repeatedly as having been hired to work for lower Cuban | sugar rates because of his friendship with President Hoover, testified today before the Senate lobby committee that he had never discussed the subject with | Mr. Hoover, but said that he had talked on sugar matters with Walter Newton, one of the President’s secretaries. A letter written by H. C. Lakin, presi- dent of the Cuba company, who had employed Shattuck, to a Cuban official had said that Shattuck held confer- ences with the Chief Executive on sugar and that the President had instructed Newton to bring members of the House ways and means committee into contact wl:eh those seeking lower Cuban sugar rates, Shattuck was not questioned about his conferences with Newton, and most of the short hearing was devoted to his relations with Mr. Hoover. Resents “Improper Inference.” The attorney said he resented the fact that Mr. Hoover's name had been bandied about in testimony before the lobby committee and said improper in- ferences had been drawn from the testi- mony as to his relations with the Chief Executive. He asserted that he had been thrown with Mr. Hoover through charitable work and had also done some legal work for him. “I make no claim other than I hope to have his friendship,” he added. At the outset of the hearing the wit- ness was asked by Senator Walsh, Dem- ocrat, Montana, whether his work for lower sugar rates was that of a lawyer or “lobbyist.” Shattuck answered emphatically that his work was that of a lawyer. He said he saw President Hoover about the time he became an employe of the Cuba company, and that he told him of the connection he had formed. Denies Soliciting Contributions. Shattuck also denied that he had so- licited contributions in Cuba for his work. A letter written by Junior R. Owens of the American Bottlers of Carbonated Beverages to Charles D. Rainwater of Atlanta, said that a Mr. Francis, law partner of Shattuck, had informed him confidentially that Shat- tuck had been in Cuba and had been successful in raising money for the sugar campaign. Shattuck said he did not know how his partner came to make the statement, adding that he had not solicited con- tributions. Owens will be called to the stand to testify tomorrow. A letter from a Mrs, Jones, who was not further identified, to Francis was read which spoke of a plan to send Senators to Cuba to look over the sit- uation there. Shattuck said nothing came of this. Shattuck said he did not know whether the expenses of the Senators were to be paid and did not know what Senators were to be sent. Has Legal Reputation, “Do you not realize you were em- ployed chiefly because of your relation with the President?” Walsh asked. “I do not,” Shattuck said. He added.that all he had was his “library and reputation.” “In my home town,” he added, “I think I have somewhat of a legal repu- tation and connections.” This discussion arose from a telegram from Lakin to Shattuck, which said Lakin hoped Shattuck “because of his connections” could bring about a re- vision of the reciprocity treatment with uba. Shattuck said he had been associated with sugar people for many. years and had valuable connection. Walsh called attention that treaty revision would have to be done by the President through the Secretary of State. “That is partially true,” Shattuck said. “The revision I had in mind could be accomplished by an act of Congress.” “Shattuck said the proposed revision would increase the preferential duty given Cuban sugar under the tariff bill. A telegram from Shattuck to Francls last February suggested that a poll of members of Congress be conducted through Representative La Guardia, Republican, New York, to ascertain the strength of the Cuban sugar position in Congress. i “Was that part of your legal work? Walsh asked. “It was incidental to it,” Shattuck replied. Pl‘he committee then adjourned until tomorrow, when Junior Owens will be questioned. HASTINGS TO DISCUSS POWERS OF SENATE 371 SAVED AS LINER SINKS AFTER CRASH Fort Victoria Is Rammed by Algonquin Outside of New York Harbor. By the Associated Press. NEW YORK, December 19.—Rescued when their ship was rammed and sunk at the fog-hidden entrance of New York Bay, 206 passengers of the Furness- Bermuda steamship Fort Victoria were safe ashore today. Including the crew, 371 persons were saved without loss of life or injury. The Fort Victoria was rammed amid- ships by the Clyde liner Algonquin at 4 p.m. yesterday as the Bermuda-bound drop her pilot. The Algonquin was out- ward bound for Miami and Galveston with 189 passengers. The pilot boats Sandy Hook and New Yorker, the first vessels to respond to the S O S signals of the two ships, pick- ed up the lifeboats of the Fort Victoria, with her passengers and most of her crew of 165. . Captain Rescued by Tug. Capt. A. R. Francls and 12 of his crew remained aboard the Fort Victoria until she sank at 7:30 pm. They were rescued by one of the tugs which were trying to keep her afloat. Of the passengers, who lost all their baggage with the sinking of the ship, 144 were landed at Stapleton, Staten Island, by the pilot boat Sandy Hook and transferred by ferry to Manhattan. Tugs landed the others at the North River pier of the Furness-Bermuda Line. The steamship company obtained hotel accommodations for the passengers. ‘The Algonquin, with her bows stove in, but no¢ dangerously damaged, an- chored near the scene of the collision to wait for the fog to thin before re- turning to her nier today. Her pas- sengers remained aboard. Despite the thick fog which had hung over the harbor all week, the Fort Vic- toria left her pier on schedule at 11 am., with her fog siren sounding. She crept down the bay at reduced speed, feeling her way. Hole Torn in Port Side. Most of the passengers were below decks when the engines were stopped just outside the lower bay to permit the pilot to go over the side. This was 12 miles from Manhattan. Without warning the black bow of the Algonquin clove the fog and slash ed through the plates of the Fort Vic- toria just forward of amidship, tearing a gaping hole in her port side. The ship rapidly developed a list, as water poured into her forward hold and flooded the fire and engine rooms, stopping the generators. An emergency dynamo was started to furnish power for_the radio and a few lights. Capt. J. W. Mackenzie of the Algon- quin, ascertaining that his ship was in no danger, stood by, joining his 8 O S calls to those of the Fort Victoria. Algonquin, being a coastwise boat, had no special pilot, as required for the Fort Victoria in the bay. No Panic or Confusion, Passengers upon landing said there was no panic or confusion, although many were badly frightened when or- dered to don life preservers and go to their boat stations. The Fort Victoria carried 12 boats, but one was stove in by the crash. The passengers praised the conduct of the officers and crew, saying that they appeared to know just what to do | Seating of Prospective Members to Be Referred to in Radio Forum Address. Senator Hastings of Delaware will discuss “The Senate and the Constitu- tion” in a radio address tonight at 10:30 o'clock from Station WMAL of the Columbia Broadcasting Co. The address will be given during the National Radio Forum hour, arranged by The Star. The network of stations of the Columbia Broadcasting system will carry the Senator’s speech into albj Pparts of the country. It is understood Senator Hastings will refer to the powers of the Senate with respect to determining the seating of Prospective members. The Senator is & member of the so-called “young guard” of the Republican ranks. SR R Passengers for Britannic. Exactly six months ahead of the sail- ing date of the new motor vessel, Bri- tannis, from Liverpool, England, next April 12, three passengers were booked. This is believed to be the first time in | history that passengers eggaged passage for the maiden voyage of a ship so far ahead of time, and went about the task of abandon- ing ship calmly. The rule of women and children first’ was strictly observed in filling the boats. After the passengers and crew were off, the Algonquin was lashed to one side of the Fort Victoria and four sal- vage tugs to the other in an effort to tow her to a drydock or into shallow water, but the stricken vessel continued :lo list to starboard and finally went lown. Valued at $1,500,000. The Fort Victoria was a vessel of 1,784 tons register, 411 feet long with 34-foot beam. She had a speed of 14 (Continued on Page 2, Column 6.) RADIO BODY PERMANENT. Hoover Signs Bill Extending Life Indefinitely. President Hoover today signed a bill, extending the life of the United States | he ship stopped off Ambrose Lightship to | Radio Commission indefinitely. Without this legislation, the Radio Commission, as a regulatory body, would have ceased on January 1 Radio Programs—Page 47 N Curfew to Be Rung For Dogdom in Utah Town to Save Sheep By the Associated Pres: MOUNT PLEASANT, Utah, December 19.—Curfew’s going to ring tonight and every night this Winter in dogdom. The city commission, at the suggestion of sheepmen, has de- creed that all dogs are to be in- doors by 6 p.m. Fines of $25 will be levied against owners of dogs which disregard the order. Sheepmen said their flocks had geen attacked by night-prowling l0gs. FEDERAL PRISON LEGISLATION ASKED Attorney General Tells House Committee of $7,000,000 Program. By the Assoclated Press. Attorney General Mitchell today urged the House judiciary committee to approve legislation to provide a pro- gram to increase the facilities of the Federal penal system. He said the program the department had adopted would call for an outlay of nearly $7,000,000 spread over a period of five years. The only criticism, he sald, that could be made of the prison program was that it might fall short of the actual needs of the Justice Department. Asserting that the problem of prisons was the major one before the Depart- ment of Justice, Mitchell said he favored the Snell bill to establish a Federal penitentiary in the Northeastern States and for an industrial reformatory west of the Mississippi River. He Tec- ommended reorganization of the prison bureau and a hospital for mental de- fectives. The superintendent of prisons, San- ford Bates. told the committee that the Justice Department was urging the adoption of the construction program at the request of President Hoover. He also urged that a prison be established in the Northeastern States. “We could build six additional pris-, ons and still not have enough,” Bates said. Penitentiaries, he added, should not have a population of more than 1,000, preferably 750. He assigned as the cause of the recent troubles in pris- ons overcrowding and idleness. ‘The Justice Department, he said, de- sired to divorce the parole system from the department and wished to set up a parole board to handle the cases. SNOOK DEATH STAY EXPIRES TONIGHT Warden Is Prepared to Proceed With Electrocution Unless Court Intervenes, By the Associated Press. . COLUMBUS, Ohio, December 19.— Warden P. E. Thomas of Ohio Peniten- tiary said today that unless the State Supreme Court acts on the appeal of Dr. James H. Snook before midnight tonight he has authority to proceed with the professor’s electrocution for the murder of his co-ed paramour, Theora Hix, last June 13. A stay of execution granted Dr. Snook, deposed Ohio State University professor, expires at midnight. Under the law, the warden said, he has au- thority to proceed with the execution any time between midnight tonight anr midnight tomorrow. Warden Thomas refused to say when the execution would take place if no further order was received from the Supreme Court. All legal papers for the electrocution are in his hands. In the meantime the Supreme Court had one more consultation in which to act on the case. That meeting will be held late today, when a number of other cases are to be considered, but Chief Justice Carrington T. Marshall declined to say whether the court would take up the Snook appeal at that time. Warden Thomas indicated that the execution may take place if no further respite Court. CLUBBER CLEVELAND, December 19 (P).—A clubber who has assaulted two girls ere was sought today by of police and detectives. Both girls in a hospital in crifical condition. The latest victim was Miss Rose David, 19, who was hit over the head with a blunt instrument. lice said she then was dragged into a yard and there was attacked. is forthcoming from the Supreme IS SOUGHT. Y N4 (QUASH MOVE MADE IN SMITH CHARGES : Irregularities in Formation of Grand Jury Alleged—32 Reasons Given. The District Supreme Court was asked today to quash the indictment by the grand jury of the F. H. Smith Co. and certain of its officials for alleged use of the mails to defraud. The motion to quash rested on al- leged irregularities in the formation of the grand jury, one of which wus that two women were allowed to serve on the panel when there is no au- thority in law for service of women on a grand jury. In all 32 reasons for quashing the indictment were set forth, The motions were filed by Attorneys Wilton J. Lambert and Rudolph H. Yeatman in behalf of Daniel R. Cris- singer, former controller of the cur- rency; G. Bryan Pitts, chairman of the board of the Smith Co.; C. Elbert Ana- dale and John H. Edwards, jr, vice presidents, and the F. H. Smith Co. It is expected that a similar motion will be filed in behalf of Samuel J. Henry, president of the company, who was also indicted. Zihlman Not Included. ‘The court was not asked to quash the indictment against Representative Frederick N. Zihlman, chairman of the House District committee, who was in- dicted with the other officials of the company. Mr. Zihlman has not as yet retained counsel to defend him against the charge. The grand jury was illegally consti- tuted, counsel claimed, because the drawing of the names by the jury com- mission was not done publicly, as re- quired by law; that the grand juror Elleen Lalley, was allowed to serve with- out any affirmative ascertainment and determination by the court of her qualifications and fitness for such serv- ice; that John R. Fagan and Dwight J. Davis were accepted as members of the grand jury and later excused and their places filled by Thomas S. Gaddes and Roger Jamison, who were among the “left-overs” on the jury panel after the grand and petit juries had been filled, when, under the law, vacancies could only be filled from a new drawing of talesmen. The defendants also asked the court to quash the indictment, because the foreman was summoned and served as James N. Fitzpatrick when in fact his name is James N. Fitzpatrick, jr. They also point out that several other mem- bers of the grand jury were served by different names than their real ones and were permitted to sit. Other Jurors’ Connections. Harry De Grott, another grand juror, the court is advised, is an employe of the National Electrical Supply Co. and Grace F. Mackey, another member of the panel, is employed by the Potomac Electric Power Co. and that both cor- porations have contracts with the United States and District governments. Complaint is also made to the court of the alleged unlawful presence in the grand jury room of John R. Hawkins, a deputy United States marshal, during the taking of testimony. Failure of the court to ask talesmen summoned for jury service if they were connected with the Police or Fire Department is also asserted as causes for vitiating the grand jury panel, which, it is claimed, is also illegally constituted by the pres- ence on it of Eileen Lalley and Grace F. Mackey, when there is no authority of law for service of women on the grand jury, it is claimed. IN POST OFFICE A swooping, black figure of sudden death lurks in his high watch tower far above Pennsylvania avenue. This is a solitary duck-nawk which has taken up its station in the Post 1Office Department tower and is taking {a heavy toll from the flocks of pigeons ds | which flutter about underneath. For several years the tower has been without its hawk, but several have been killed there in the past. The present tenant has been observed only within the past few days and is reported b; Austin H. Clark, Smithsonian Institu- tion sclentist. 1.S-TOKID ACCORD ON GENERAL NAVAL PROERAN REACHED Joint Statement Says Details Will Be Left to Lon- don Parley. JAPANESE WILL LEAVE CAPITAL LATE TODAY Meeting at State Department Be- fore Departure Followed by Optimistic News. BY G. GOULD LINCOLN. Japan's delegates to the London Naval Conference today completed their informal conversations with members of the American delegation and this afternoon will leave here to go to New York preparatory to sailing for Eng- land. After the second meeting of mem- bers of the two delegations, at the State Department, a joint statement was issued that as a result of the con- versations held here an agreement in the objectives of both countries was established. The statement follows: “The discussion, like that at Wood- ley, Secretary Stimson’s home, was concerned with the general philosophy underlying naval agreements and the opportunities of the coming conference. t took up the good results between the United States and Japan of the Washington conference and the possi- bilities of continuing and increasing these results. The agreement in the objectives of both countries was es- tablished. Then in a very frank and friendly way each delegation presented the broad outlines of its position. This discussion did not go into details or figures, which is the province of the conference and should be done there where all the participating nations will be represented.” Secretary Stimson issued the follow- ing statement: “The Secretary said that he had greatly enjoyed his meetings with the Japanese delegates and was looking for- ward to working with them in London.” Attending the meeting at the State Department this morning were Reijiro Wakatsuki, former premier and head of the Japanese delegation: Admiral Takarabe, the Japanese Am- bassador, Mr. Debuchi, and Hiroshi Saito, secretary of the delegation, on the part of Japan, and Secretary Stim- son, Ambassador Morrow, Willilam R. Castle, jr., newly appointed special Am- bassador to Japan, and Rear Admiral Hilary Jones, U. S. N., on the part of the United States. Secretary Stimsor entertained the Japanese delegates a luncheon following the conference. Have Been Frank. The Japanese delegates will leave here on the Congressional Limited this after- noon. During their brief stay in Wash- ington the representatives of Japan have had an opportunity to state their position on naval needs of Japan, for defensive purposes, and to learn from the Secre- tary of State and other members of the American delegation which is to attend the London conference the po- sition of the United States. There been full and frank discussion,, and the feeling exists that the conversations have been helpful in the extreme. As the joint statement makes clear, no effort has been made to reach decisions in matters which must finally be left to the action of the five-power con- ference in London. But the delegates of both nations are now informed of the attitude of the governments of the United States and Japan toward thesc questions. Both the United States and Japar (Continued on Page 2, Column 7.) FOG BANKS PREVENT SEARCH FOR EIELSON Group of Pilots Forced to Return to Base After Encountering Snowstorm. By the Associated Press. NOME, Alaska, December 19.—Fog banks and snowstorms over Bering Stralt again have balked the efforts of Northern aviators to fly to the rescue of Carl Ben Eielson, noted Arctic pilot, and his mechanic, Earl Borland, who have been lost since November 9 some- where in the region of North Cape, Siberia. Taking advantage of the first clear weather in several days, Pilots Joe Crosson, Ed Young, C. H. Gillam and J. Harnhill hopped off from Teller, Alaska, yesterday in opén cockpit planes for the long flight to North Cape. They met thick weather over Bering Strait, however, and, after flying through ever- thickening fog, finally encountered a snowstorm which forced them to re- turn to their base. With the exception of an occasional blizzard, the temperature has remained high along the strait this Winter, with the result that there is much open wa- ter, which causes almost continual fog a few miles off shore. Late advices from Teller said the weather was getting colder, which may dispell the fog. It was 32 degrees be- low zero at North Cape yesterday, with clear, calm weather resulting. Elelson and Borland were lost while on a trip to the Nanuk, fur trading ship icebound at North C: {PIGEONS MENACED BY DUCK HAWK BUILDING TOWER Savage Bird, Observed Only Recently, Takes Heavy Toll From Defenseless Flocks. ‘The duck hawk is an especially savage member of the hawk family and is almost always a solitary bird, found most frequently along rocky sea coasts where it swoops down from the cliffs on water fowl and possibly fish. Gen- erally it avoids human habitations and its presence in the center of a big city is considered unusual. It swoops down and captures the de- fenseless glml&l‘ on the wing, carrying them back to the tower to consume a leisure. In the city where the birds are protected and there are few other birds of prey, the duck hawk has an especially pleég}nl food supply.