Evening Star Newspaper, December 29, 1929, Page 17

WASHINGTON, OUSTED JAIL GUARD INRUM CASE CAN'T ' BE PUT ON TRIAL Capt. Barnard Points Lack of Necessary Evidence for Prosecution. g ! "LANS TO GRILL OTHERS ON CONDITIONS TOMORROW | &2 Superintendent Scouts Tales of Drug Smuggling; Will Make ‘Written Report Soon. Every possibility of bringing criminal against a guard for smuggling uor into the District Jsil has been ted, Capt. M. M. Barnard, super- intendent of penal institutions, revealed last night. Capt. Barnard also disclosed that his sweeping investigation into conditions at the jail will be resumed tomorrow with the questioning of numerous guards, prisoners and other persons who might be able to furnish valuable in- formation. Indications were that no more guards would be dismissed. ‘The failure of prison officials to seize a half pint of whisky, which they said they found on the person of W. I. Maione, & guard, when he reported for duty Christmas day, made it impossible | for Capt. Barnard to expect to make out a case against him should he be arrested for a prohibition law violation. | Dismissed With Liquor. “Malone won't be prosecuted crimi- | hally,” Capt. Barnard declared, ‘“be- cause it would be impossible to convict | him with no evidence. The liquor was | not seized. The men in charge at the time apparently thought it would be punishment enough to dismiss him. I suppose he’ll have a hard time finding another job as it is.” Capt. Barnard announced his investi- tion had convinced him that reports narcotics also had been smuggled into the jail were false. He said an ex- haustive probe had failed to produce s #flh fact in of such rumors. su] rlnunaenc‘n investigation Mysterious Letter Relating to Auto Only Clue Since November 30. Salesman Has Been Suffering from In- juries in Accident. Insurance The strange disappearance Novem- ber 30 of Albert A. Burnell, 36-year-old insurance salesman, was reported to the police last night by his wife, Mrs. ances Burnell, 637 A street northeast, | who reported that a mysterious letter | several days later, advising an auto- mobile salesman where Burnell's auto- mobile might be found, is the only clue he_left. Burnell, according to his wife, was | suffering from serious injuries to his | nose and face sustained when he was hit by a horseshoe thrown up by an automobile tire several months ago in Philadelphia. His wife reported that he -had about $85 in cash with him when he disappeared. She fears that he may have lost his memory because of the injury, but is unable to account for an unsigned letter received by Robert W. Jarboe, 1620 Good Hope road, advising him that Burnell's automobile was in a garage at New York avenue and H street. There the machine was found. Mrs. Burnell examined the let- ter and declared it was not the hand- writing of her husband. The Burnells have a S-year-old son. Mrs. Burnell declared last night that when her hus- band left home he intended to pay & bill with the money he carried. Burnell was a World War veteran WIFE REPORTS ALBERT BURNELL STRANGELY GONE FOR MONTH across nose in September, 1928, Mrs. Burnell of the infection that set in. Five from hospital treatment. h D O, and was gassed and shell shocked in the Meuse-Argonne. Following service in the Infantry, he joined the Army’s Aviation Corps and served at San Diego, Calif.; Kelly Field, Tex., and at Bolling Field. The day before Thanks- giving he appeared depressed, Mrs. Burnell said last night, due to finan- cial matters, but the morning he left home he was apparently in good spirits once more. y 5 ‘The horseshoe “hit him the explained, and it was four months be- fore the surgeons could operate, because months ela before he was freed SMITH CASE PLEAS ASSAILED BY ROVER Demurrer and Replication| Filed in Court in Support of Indictments. Arrest of Quartet Large Quantity of Intoxi- Thought to Reveal Large Liquor Ring| cants Taken by Detec- tives in Vice Raid. Four men suspected of operating a city-wide whisky business on a large 29, 1929.—PART ¢ Swunthy Stad SUNDAY MORNING, DECEMBER 1—SECTION 2. ROVER MAY RETAIN NOLLE POWER OVER MOST DRY CASES Justice Department Considers Allowing Prosecutor Here Special Discretion. POLICE HANDLE 95 PER CENT OF WORK! Capital Under Federal Rule and Conditions Vary From Those in States. ‘The possibility that the district at- torney’s office may continue to have the final word in the q;x:';luo]x: of nolle prossing 95 per cent of the liquor cases arising in Washington was foreseen yesterday despite the move of the De- partment of Justice to bring all nolle prosses under its immediate control. ‘The department yesterday reminded all United States district attorneys that they would be expected to comply with an order of 1922 to secure the permis- sion of the department before any nolle prosses were issued. The reminder, which was in the form of a circular letter, further pointed out that all ap- plications to nolle prosse prohibition cases must be accompanied with the views of the representative of the Pro- hibition Department attached to the of- fice of the district attorney making the application. Dry Cases Situation. In so far as hibition cases are con- cerned a peculiar situation prevails in ‘Washington. The order.m as it effects the ?l::‘.mfir:!; lates only cases origina Federal prohibition units, all other liquor cases being covered by the State enforcement acts and entirely removed mamt control the Federal Govern- ment. In Washington, however, the Federal law . covers _virtually all hibition violations, but only about 5 per cent of the cases are worked up by the Fed- eral men under the direction of Deputy Prohibition Administrator Willlam R. Lieut. Gus Lauten of No. 9 precinct using the electric ex erciser purchased by the officers of that precinct in a ~on- certed attack on the flabby waistline. Others in the photo, left to right: Pvis. F. E. Marling, Steve Goggins Alldp.l. B. —Star Staff Photo. Waddell. EXPECT EX-JURORS T0 REMAIN SILENT Test Case Seen in Refusal to Talk in Trial of Shelby and Kelly. A maze of legal ramifications, which be completed late tomor- S He S"%m. l‘ tten report Georfi . Wilson o mmflmbnc ‘Welfare, who then ‘will submit Capt. Barnard's recommen- dations to District Commissioner Sidney F. Taliaferro. The report remained to be drafted last night, but Capt. Barnard intimated there was little possibility of any other guards being discharged. Rum Discovery Starts Probe. The exhaustive investigation of con- tions at the jail was instituted by Barnard Priday, after he was in- by Col. Willlam A. Peak. super- intendent, of the dismissal of Malone. $one's story, that he had bech to 8 DARy 's a party the night before-and had forgotten to remove the liquor from his clothes be- fore reporting for work. his action, Peak said In explaining he had been informed by a friend in | fileq. a cell block where Malone was sta- tioned that the guard had sold a bot- tle of contraband to a prisoner Chnst.-l mas eve and had promised to deliver | another pint Christmas day. The m:ecdh and dismissal of Malone fol- t that an in- .. | have the jury’s true bill squashed. District Attorney Leo A. Rover yes- terday advanced his reasons why the indictments returned by the December grand jury against officials of the F. H. Smith Co. should not be abated or declared void. Attorneys for five of the sevin de- fendants had set forth 32 reasons why the indictments, which charged use of the mails to defraud, should be abated. The pleas in abatement were filed by Wilton J. Lambert and Rudolph H. Yeatman, representing Daniel R. Cris- singer, G. Bryan Pitts, C. Elbert Ana- dale, Samuel J. Henry and John H. Edwards, jr. Two Not Included. Representative Prederick N. Zihl- man, chairman of the Houss District committee, and Henry C. Maddux, also | indicted, were not included in the pleas ‘Whether Mr. Zihiman will Attack the indictment pending against him hinges | upon the outcome of a conference to- morrow between his attorneys, Mr. Lambert and Alvin L. Newmyer. Mr. Zihlman, however, has indicated his de- sire for a speedy trial, and there is some doubt as to whether he will attempt to The district attorney’s answer to the Meanwhile Commissioner Taliaferro declared “if there is pleas in abatement was in the form of a demurrer and a replication. One of the points covered in the de- murrer was the question raised as to the eligibility of women to serve on grand juries. Mr. Rover pointed out that the act of Congress of February 28, 1927, made it ible for women to serve on all jurles, including grand scale were arrested by Sergt. Letterman’s special vice squad in a at 918 New York avenue yesterday aft- G %ll‘t.r'el‘l itoxicating lique a large quantity of inf ting ors and conspiracy to violate the national prohibition law. years old, of 1125 Twelfth street; Ver- non V. Hawks, 27, of 906 I street; Regi- nald Harrisap, setts avenue, and Gennaro J. Amarosi, 22, of 915 I street. at the first precinct police station, where they will be held pending ar- raignment in Police Court Monday or the posting of collateral for their ap- pearance in court. Detectives Richard J. McCarron and James A. Mostyn, seized the men and placed them under arrest when 26 quarts of gin, 24 quarts of ;lhlsgy and 32 quarts of alcohol were ound. believed that with the arrest of the four men they have apprehended one of the largest units engaged in the Capital's liquor traffic. detail arrested Mrs. Josephine Sullivan, alias Josephine Donoghue, alias Mrs. Josephine G. Donegan, 52 years old, an possession of whiskey and maintaining a disorderly house when they her home at 2017 Nineteenth street. Seven gallons of alcohol and 20 gallons of beer mash were found, it is alleged. colored, of 921 Fourth street, was ar- J. raid with possession of ‘The men are Lawrence L. Fowler, 24 17, of 1330 Massachu- ‘They were booked Sergt. Letterman and his.three aides, Cox, George C. Members of the vice squad said they Later in the day Sergt. Letterman's d charged her with the sale and raided John Henry Brown, 51 years old, Bl of to in of ca: be cases in Wash! ‘metropol is these cising his own discretio police 'sforce. point is expected within Mr. Rover and his two - prohibition assistants, Harold W. Orcutt and David A. Hart, conferred yesterday with G. A. Youngquist, Assistant Attorney General rohibition enforcement, conference, according to the department, that the question | rohibition up by metropolitan police Under the revived order, the District attorney, when he desires to nolle prosse a case, must ascertain the views of the head of the local prohibition unit and then forward a statement of the facts case, his own reasons for want- and it was at was raised. i the landford. The remaining 95 per cent of the on are handled by the litan police department, and it that the District ltwme)a en wants to keep under the authority of his office. cases cording to officials at the de, Question of Discretion. ‘The department announced last night Rover to continue exer- n in the matter ing liquor cases brought the local -A final decision on this few days. nolle his office by members of charge of exempting from the order ses work to nolle prosse and the views e prohibition unit approved or rejected. Advisability of Opinions. It was pointed out at the depart- ment that the opinions of the head head to Mr. Young- quist’s office, where the application will rected for the sale and nossession of ki than the Board of Public Welfare and myself.” ‘Taliaferro added that since there are some 600 rs at the jail serving sentences for prohibition law violations, it should not be surprising that some of their number might be ingenious enough to beg, borrow or steal a drink once in & blue moon. While he made that he did not want to be placed in & position of anticipating the probable contents of Capt. Barnard's he recalled statements of visit- m authorities to the effect that iy tions at the local jail are excel- nt. However, the Commissioner stressed his belief that “any whisky in the jail is too much.” T SON SEIZED IN FATAL STABBING OF MOTHER FPather and Four Boys Refuse to Name Slayer, Despite Long Police Grilling. By the Associated Press. MILLER, S. Dak., December 28.— Alphonse Lapke, 30, was arrested to- night, charged with the knife slaying of his 50-year-old mother, Mrs. Anton Lapke, at their farm home, 23 miles ::rru: of here, on the night of Decem- 14. After questioning Anton Lapke and his four sons for a day and a half, officials tonight said that evidence pointed to the belief that Alphonse, the oldest son, cut his mother’s throat as the climax to frequent quarrels. Grant Parrish, State's attorney for Handco, filsd a charge of first degree murder against Alphonse. The woman's body was found in a strawstack. Officials said they believed 'ment over finances caused the guarrel and that they held the theory that other members of the family, knowing or fearing that Alphonse was the siayer, agreed to shield him. ‘The father and his four sons were brought here vesterday and held for questioning. The two younger boys are Harry, 17, and Martin 8. HOME PLANS RECEPTION. Annual Party to Be Held for Chil- dren on New Year Day. ‘The annual reception will be held at the Children’s Emergency Home of the Central Union Mission, 624 Louisiana avenue, New Year day. ‘The five branches of the mission will be open to public inspection. Those heading th: branches are E. H. de Grost, board of directors; Rev. William A. Lambeth, min‘sterial council; Mrs. William H. Ramsey, Woman’s Guild; Technical Questions Raised. In his replication he takes up each of the questions ra: by -the defense, virtually all of which concerned alleged technical irregularities in the formation and procedure of the grand jury, and denies them categorically. Concluding, Mr. Rover says: “The United States avers the fact to be that the pleas in abatement herein have been filed unseasonably, and that there is no showing that the matters set forth did | not come to the attention of the de- fendants or their counsel a considerable time prior to the filing of these pleas. ‘The defendants have in no wise been prejudiced by the matters set forth in the pleas in abatement, nor is there any showing or contention that they have s0 been prejudiced.” BUILDING WORKMAN Commerce Department Construction Fatality First Since Work Began, Falling 80 feet down an elevator shaft from the 'og“fl( the new Department of Commerce Building at Fourteenth and D streets to the fourth floor of the structure, Jnum Curtis, colored, of 107 L street, was tantly killed late yes- terday afternoon. Curtis was about 45 years old. A group of workers was leaving the building shortly before 5:30 o'clock when they heard a sickening thud. Rushing to the elevator shaft to inves- tigate they found Curtis' lifeless body | on_the fourth floor. S It is believed that the body, falling| through the shaft, struck a puiley sus- pended just above the fourth floor, which deflected it and broke the drop toward the ground. Curtis’ death is the first fatality among the large force of workmen em- ployed on the Commerce Building. Deputy Coroner Joseph D. Rogers viewed the body and ordered an in- quest held Monday morning at 10 o'clock at the District Morgue. | | | | | | whisky at his hcme, where one pint of whiskey was said to have been found by the vice squad. A woman giving the name of Catherine O'Brien, 38, of 313 charged with vagrancy. Alexander, 55, of 55 I street, yard and carried him along with the other two prisoners to the sixth precinct station. Alexander posted $10 collateral for his release. an automobile and a five-gallon can’of | Little and his flying liquor squadron raided an apartment in the 1409 block INSTANTLY KILLED* D street, was taken in the raid and ‘The police sald they found Joseph in an intoxicated condition in Brown's back More than 80 quarts of what was described as choice, assorted liquors, | aleohol- were seized when Sergt. George of T street and arrested one man last night. The arrested man gave his name as John Boston Gentles, 40 years old. He was held at the sixth precinct statjon house an a charge of possession of | uor. soan After ralding the apartment, Little and his squad, composed of Policemen George ‘Deyoe, Leo Murray and John Montgomery, went to the rear cof the a) ent house, where they said they found several quarts of alleged liquor in the back of a machine in a . This they sald belonged to Gentles. They seized the car and con- fiscated the alleged illegal contraband. Oldest Inhabitants To Greet President At First Reception Following the monthly meeting of the Association of Oldest In- habitants of the District of Co- lumbia Wednesday morning, the members will proceed in a body to the White House to greet Presi- dent Hoover at his New Year re- ception, the first of his adminis- tration. John' Clagett Proctor will read his chronicles for the year 1929 at the meeting, which will be held at 10 o'clock in the Union Engine House, Ninetesnth and H streets. At 12 o'clock the members will leave for the White House. Belated Holiday Feast of Enjoyed by Score If Old Dobbin still believes in Santa |Claus his faith was bountifully vindi- cated today -at the Animal Rescue FLeague, 349 Maryland avenue south- west, when work horses of Washing- ton “stood up” to-a square meal of John H. Bennett, the mission proper, and Mrs. Jchn H. Bennett, in chargé of the Emeérgency Home. e Because of its clearness, sea water is the aquarium at the London taken from the Bay of Biscay for public contribution, 1 Zoo. equine feast. Christmas provender. ‘The Yultide was belated, but there was compensation in its proportions. Crispy oats, meaty carrots and tasty apples, generously provided through hed a real ~ "TWAS JUST SATURDAY TO HUMANS, BUT CHRISTMAS DAY FOR HORSES Carrots, Apples and Oats of Equine Guests.’ . Feed boxes, arranged around a small fihe tree dressed with bunches of food the yard of the home, furnished banquet places for more than a score of old veterans. This Christmas horse dinner, which was_under the supervision of Mrs. R. M. Blumenberg, first vice president of the league, has been an annual event of the prohibition unit, in this jurisdic- tion Mr. Blandford, may or may not be followed, but that it is deemed ad- visable to obtain them because he may have information on the particular case which the district attorney lacks. It was emphasized that the effect of the order is to transfer control of nolle prosses from the district attorney to the Department of Justice, and not in any sense to the prohibition unit. If the order as it affects Washington is to apply only to cases originating with the prohibition unit it is expected to meet. with the hearty approval of the district attorney's office. But if it is to include also cases brought by local | police it will bring about a decided | increase in clerical work and probnbly‘ will ecause much delay in court procedure. It was, indicated at the department that the peculiar manner in which the order affects Washington was not fore- seen and that there is no desire to work any undue hardship on District At-| torney Rover. For this reason it is ex- ted that Mr. Younmi:xm will give this phase, S ) much consideration to WOMAN, 83, RUN DOWN AND INJURED BY AUTO Mrs. Christine Miller 8till in Hos- pital, Although Hurts Are Not Regarded Serious. Mrs. Christine Miller, 83 years old, of 1730 Eighth street, was cut about the head and hands yesterday afternoon when knocked down near Seventh and 8 streets by an automobile driven by Arthur Smith, of 1415 Sixth street. Mrs. Miller was removed to Garfield Hospital in a passing machine and treated for her injuries. Her condition is not regarded as serious, but she re- mained at the institution upon the advice of the hospital authorities. jond Caruna, 31 years old, of 102 Wilson avenue, Colmar Manor, Md., was treated at Sibley Hospital for bruises and shock following an accident in which s machine he was driving collided with a car driven by John H Clark, 35, of 2403 Third- street north- east, at Florida avenue and W street northeast, Caruna was permitted to go to his home after recelving treatment. $90 LOOT IS REPORTED Cash Drawer of Hardware Store Is Looted of $50; Thief Makes Escape. cash drawer of William J. Love- less’ hardware store at 23 Florida ave- nue was rifled yesterday while the pro- prietor was in"the rear of the estab- lishment and a thief escaped with 850 in_cash, according ‘to & police report. Mrs. Kate Webb reported her house at 1773 T street, was entered by & dupli- cate key thief. A bag containing wear- ing apparel, valued at $30, was reported since 1915. Funds for this year's din- ner were provided without drawing on the bu allotted to the leaguc by the Community Chest. stolen. . James Robinson reported to police that & storage battery, valued at $10, ‘was taken Trom his yoom in the Salva- tion has tied into knots the trial of Police Inspector William S. Shelby and Lieut. Edward J. Kelly on charges of ineff- clency, is expected to culminate to- morrow in a formal reiteration by two members of the July grand jury of their already recorded refusal to testify against the officers. Repetition of the refusals will be the corner stone on which it is planned to bulld a far-reaching test case of the legal powers of the Police Trial Board over witnesses, and on which may hinge a determination of the right of grand jurors to protect the secrecy of grand Jjury pre 3 The former grand jurors, Samuel P. Agnew and Baxter M. Davidson, jr., must reappear before the special Police Trial Board tomorrow morning at 10 o'clock, it was decided late yesterday by_Police Judge Gus A. Schuldt. If they refuse either to appear, or, after answering the summons, to give testimony in the trial, the trial board will cite them to Judge Schuldt and ask that they be directed, specifically, to take oath as witnesses for the prosecu- aonmund answer questions propounded em. Both Refuse to Testify. m}fl'-yl’l ):ron m:mphauuuy refused uf:o when 'y _appeared before the board last Thursday, and both there- upon were cited, orally, to the court. Judge Schuldt ruled that a written cita- tion was necessary, however; and this was ‘pruenud to him yesterday by the mv.gn cipal -‘umumlu, o i 1 2 recelving the formal petition from Maj. L. E. Atkins, chairman of the trial board, who was accompanied to the court by Acting Chief of Police E. W. Brown and Astistant Corpora- tion Counsels Walter L. Fowler and Robert E. Lynch, Judge Schuldt at first announced he would hale Agnew and Davidson into Police Court tomorrow afternoon to answer the petition. Sometime later in the day he held another conference with Fowler and Lynch and decided to pursue a differ- ent course. Under the final decision Judge Schuldt will hold in abeyance action on theé petitions filed against the two reluctant witnesses pending the de- velopments before the trial board to- morrow. Formal Subpoena Ordered. ‘The court ordered that formal court sibpoehds be served on Agnew and Davidson, directing them to appear be- fore the board tomorrow morning. It is understood this step was taken as a legal preliminary to possible contempt proceedings planned by the corporation caunsels office. The two prospective witnesses appeared previously in an- swer to subpoenas signed by the chair- man of the trial board whose legal powers over witnesses in the subject of controversy in the current court pro- ceedings. Chairman Atkine sald last night that in the event of the continued refusal of Agnew and Davidson to give testi- mony, the 'd will cite the pair to court and ask for an order compelling them to answer questions. The peti- tions presented to Judge Schuldt yes- terday probably will be revised to meet the new circumstances, or entirely new petitions may be drawn up, as substi- tutes for the first papers. Action of the court in the cases of Agnew and Davidson differs from that taken in the case of Merritt O. Chance, foreman of the July grand jury, who was ordered to appear before the trial board on January 3. Uncertainty has arisen as to whether Judge Schuldt in- cluded in his order, which was verbal, a specific instruction that the ex-fore- man give testimony when he appears. Newspapermen who sought to clear up this point were given to understand by of the judge that his order directed | Chance to .testify, but others who hae: talked with him appear to be of the opinion that he merely ordered Chance | to present himself to the board. Chance to Consnit Gounsel. Chance had no attorney when he lppdelt!d in court and no request was TAKEN IN THREE THEFTS | ains: t ce unity to consult counsel, and the judge pointed out he would re- serve s judgment of the issues unulltha authority of the Chance's attorney came before him.|force testimony from a& witness and ‘The date for Chance’s reappearance be- fore the trial board was delayed by th court 80 that the defendant could hav time to séek légal advice. Joseph H. Batt, a fourth member of the grand jury which criticized Shelby and Kelly, also has been ordered to ap- pear before the trial board tomorrow. Batt was out of town when his name was called as a prosecution witness Fri- day, and the board at once cited him to Judge Schuldt for failure to answer the board’s subpoena. Judge Schuldt ordered that a court summons be served on Batt. If the witness fails to appear | | i 1 Policemen Reduce Waistlines Along With Lawlessness! Electric Machine Used to Keep Men in Condition at Two Precincts Reducing crime is not the sole objec- tive of the battle in which some of the biggest men here are engaged. Reducing crime, to a stout guardian of the law, is simple as passing up a banana stand compared to . . . com- pared to . . . well, reducing crime is simple compared to just plain reducing. However, there is a veil—even at sucl busy police stations as Nos. 9 and 12. If one is rash enough to presume that the 130 officers there are girding them- selves for battle with a couple of elec- tric exercise machine, please go on presuming. Machines Are Kept Busy. A peep into the squad room at either precinct shows the machine installed and greatly in demand. On an inclined platform stands a policeman lunins against & broad band which is agitate in a rather rough manner. Sometimes the policeman shakes and laughs and sometimes he just shakes, but he must get his exercise and move on because the vibrators are popular, Men Bought Devices. According to Lieut. Gus Lauten of No. 9: “A policeman finds it easy to keep his legs in condition, what with all that walking. But the rest of him is something else again, particularly the section just above the belt and some- what below the badge. The officers and men bought the machine by - lar subscription and seem satisfied with TRADE CONFERENCE HALED BY LEADES Thorpe Says Plan Should Be | Decidedly Advantageous to Capital. Announcement of the 1930 Washing- fon busiress conference, called by the Washingtca Chamber of Commerce for January 27, has aroused widespread in- terest among commercial leaders in the plan to present a facu survey cf pro- posed and pending public and private expenditure for the civic and commer- fi':ll advancement of the National Cap- In accepting the invitation to address the representatives of Washington busi- ness firms, Merle Thorpe, editor of The Nation’s Business, said: “The plan to hold & Washington business conference in line with the re- cent national gatherings sponsored by the ber of Commerce of the United States should be decidedly ad- vantageous to Wi n. Every city a plan of future ess develop- ment which is unknown in detail to its citizens. Any movement which creates a wider understanding of properly or- ganized local effort for business promo- tion is a decided asset to the com- munity. Under the direction of President Charles W. Darr there is now being compiled at chamber headquarters a list of the names of representative leaders in the industrial, construction, commercial and financial flelds, who will be specially invited to attend the conference at the Mayflower Hotel. ‘The purpose of the conference is to describe first the steps which have been taken nationally in response to to build up from individual reports of local business leaders a picture of local business prospects for 1930. The facts secured in this way will be assembled and embodied in a report to the na- tional business survey conference, in re- sponse to the request of its chairman, Julius H. Barnes. tempt proceedings f(;r Jm;eytnx-cmm order. E jer, attorney for David- said last night he would wage us S‘ht “in defense of rights of my client.” Miller d clared the against Davi son and 'w involve such issues board the right of the board “or anyone else” |y e | to compel a grand juror to “violate his e | oath of secrecy.” Harry T. Whelan, attorney for Agnew, also has said he would fight the case on_similar grounds. the call of President Hoover and then | PAGE 17 MERCHANTS CLOSE 1929 WITH GAIN IN - BUSINESS VOLUME |Christmas Trading Slightly Below High Record of Previous Year. INCLEMENT DAYS BLAMED FOR DECEMBER DECREASE |More Gift Buying Noted by De- partment Stores and Others Here. Retail " trade in Washington, during the Christmas shopping season was very slightly below the record-breaking vol- ume attained last December, but the total for the year, generally, vas uhead of 1928, according to reports obtained by The Star from the larger depart- ment stores yesterday. Leading merch: with e Christmas Shoppia recalcs o3 well as being especially pleased with the yearly total, in the llfht of the stock market depressior Octol and November, which nl\,vle ri:e to m:: MI3S MGORMICK THRILLS HUNT CLU Wins Handicap Jump After| Tying in Original Trials at Horse Show. Before a crowd of several hundred, many of them socially prominent, 10 fears that this situation wouls affect 'mber trading. A c”l’:b:: &omm out also that the De- are encouraging beca: of the belief that the numbe.r g{ dlylu:: inclement weather in December = this zenul: ';; s.:lu;‘e extaenrgn rsdlflced ths vol- ing du E e g g the Christmas ! All Report Good Business. All department store heads, guestio about their trade during the v’hole y::g now ending, reported that their business :v}:en lr.helm of llnl, and some found that sales volume was * 4 the preceding year. ST g larger trade wlxecl\’xeuver: &l. lmm of . the Stores the Christm; was ‘i bg:c - interesting events were held last night o in the monthly horse show under the auspices of the Riding and Hunt Club in the club building at Twenty-second and P streets. Miss Katrina McCormijck, daughter of Representative Ruth Hanna Mc- Cormick, riding Clifton Chief, provided one of the biggest thrills of the eve- ning when she won the handicap jump after tying in the original trials’ and three times tying when called uf)on to perform again to enable the judges to decide the winner. Defeats Senator's Daughter. Miss McCormick finally won out over Miss Margo Couzens, daughter of Sen- ator Couzens, whose horse Dixie's Child, was ridden by Robert Robey. The horses of Miss Betty Couzens, also ridden by Robey, won third place in the handicap jump event. The various other events proved in- teresting and drew frequent applause from the large crowd in attendance. The list of winners in the various events was as follows: One. Lead in class suitable to become hunters, for three-year-olds and under, shown in hand, with two-year-olds re- celving at credit of five points and yearlings a credit of 10 points—First, Louis Leith, riding Jolly’s Double; sec- ond, Mrs. F. S. Plummier, riding Clear and Fast, and third, R. H. Norton on Buckeye, TWO. Novice saddle horses, the class for horses that had never won a blue ribbon in a saddle class in any show before—First, Maj, George S. Patton Hilly; second, Miss Katrina McCormick, and third, E. M. Palmer on Liberation. Three. Pair of hunters, open to all, shown abreast, twice over 3-foot 6- inch jumps, uniformity and way of going be considered—Mrs. F. M. Andrews and Mrs. T. E. Proctor, first, and Sherman Flint on Buccaneer and | O. Ferrara, the Spanish Ambassador, second. The Ambassador's horse was ridden by Miss Elizabeth Martin. Fourth. Handicap jump, performance only counting, 4-year-olds and un- der having been required to jump 3 feet 6 inches, green hunters or horses have never won a blue ribbon required to jump 4 feet and qualified hunters or horses that had won a blue ribbon required to jump 4 feet 6 inches—Miss Katrina McCormick, riding Clifton Chief, first; Miss Margo Cougzens,| second, and Miss Betty Couzens, third. | Open Saddle Class. Fifth. Open saddle class judged on conformation, manners, quality and performance—Eugene Meyer, on Belle, first; Maj. George S. Patton on_Hilly, second, Carl Kincheloe on Bugler, t Sixth. Polo bending race, testing the skill of horses and rider in dodging in and out around poles—Lieut. Robinson riding B. Mitchell, first: Mrs. Edith Preece, second, and Phillip Fell, son of Mrs. Ogden Mills, third. Seventh. Pair of saddle horses—Maj. and Mrs, George S. Patton, first; Carl Kincheloe and Mr. Owens, second, and Miss Nancy Hunter and Willlam - bert, third. Eighth. Hunt teams of three, formance counting 50 per cent, con- formation 25 and appointments 15— Maj. Willlam Grimes, Maj. Patton and Lieut. Robinson, first: Miss Elizabeth Jackson, Miss Elizabeth Martin and Thomas Cook, second and third. The riders winning with two separate teams. Ninth. Touch and out, the event i cluding four jumps—Fred King, on Pa per- Hale, first; Miss Margaret Cotter, on | date Smiles, second, and Lieut. Robinson, on Oh. Boy, third. Tenth. Handy hunters, the event in- cluding two jumps of 3 feet 6 inches and a pen jump in the center of ring, with time taken considered—Betty Couzens horse, Bean Beetle, first: Fred King, =z Pa Hale, second, and Miss Winifred West, on Cedar Run, third. Silver cups were awarded the win. ners of first place in each event. bur Osborne and H. Luttrell were the CAFETERIA HAS $200 FIRE. Duckling Cafeteria, at 115 G southeast, ca approximately $200 damage early last night. The cafeterla was owned by Hugh . Fred. A few minutes after the call to the B street address, firemen responded to a false alarm at Pirst and N streets southwest. Chance did not claim immunity from giving testimony when first he took the witness stand in the trial of the police officers, but refused to submit to fur. ther examination when the board per- mitted in the record a statement by Assistant United States Attorney Walter Shea ¢! as “a ice men- tal suthority” in his Hotel, B"n'-h and P streets. tomorrow he may be subject to con- role of SURVIVES GAS ACCIDENT. .w?‘u'i"fi"n‘ :l gas !jet for ln‘eleetrle , Mrs. Hager E. Fortney, 41 old, of 143 V street normut.,ym m come by {lluminating gas in her home last night. She was revived by fhe rescue squad. de gages prehensive insurance code are expected tain the publie vie modi his home 33, - of 121 that The consensus was, generally, this year there was more gift buying than last, but with a tendency on the g;n of customers to some extent to ly fewer of the more costly gifts, while buying more of those of less ex- pensive character. Thus, apparently, While there were more customers and more purchases this Christmas season than last, the total sales volume did not show any real gain over last year, Shout™ e seme, ‘and s 2o same, being slightly less. s ‘The Decem! prares 3 e ber report of the Federal Reserve Board for Washington is not yet available. mllnflz; for November same as for November, 1928. The Federal Reserve reports for w-’s’h.- ington for the first 11 months of this year show that trade here has bee: the equal or better than during 1928, month by month. In February, July and November the index numbers were the same as for the corresponding months of 1928, In all other months, except December, the totals were higher than in last year, Leading merchants are encourag:d by business "this month because of the fact that trade here in December, 1928, ;:de_s remun‘bnla stgvunu ove! vicus yeafs, le recent hap- penings in the stock market have ngt caused as much an effect on trade here as some had anticipated. EARLY ACTION SEEN ON DISTRICT BILLS Senate Committee Expected to Take Up Regilatory Proposals Early in January. Proposed legislation relating to sale of “seéuritles, fo provide & plan for reg- ulation of the real estate business, to efine the method of foreclosing mort- and to give the District a' com- to be among important questions con- sidered by the Senate District commit- tee when the regular session gets under way again after the Christmas recess. All four of these questions are being studied by a subcommittee, headed by Senator Blaine, Republican, of Wiscon- sin, which will report recommendations to the entire committee, of which Sen- ator Capper is chairman, Considerable time was devoted to the ted ,new code of insurance laws propost in the last Congress, but it did not reach a final vote in both branches of Congress On the other three subjects the Blaine o] sul imittee is having information complled preparatory to .deciding what legislation it will recommend. It is probable the committee will hold hear- ings on these questions after the sub- committee has: reported. The first question the Senate com. mittee will take up after the recess ends on January 6, however, will be the street rallway merger resolution as recently revised by the Public Utilities Commission. The committee already has decided to hold a public hearing on this plan early in January, the exact to be announced later, to ascer- wpoint toward this ified proposal. . RAIL WORKER SOUGHT. Herndon Man, Missing Since De- cember 18, Is Hunted. Police here have been asked to search for William L. Bayne, 30, a Pennsylvania Railroad employe, who has been his home at Herndon, Va., since December MAN INJURED IN FALL. Plunges Down Stairway, Striking Head Against Wall. Falling down & flight of stairs at last night, Joseph Herbert, 6 Eleventh street southeast, ble skuil fract and . Police