Evening Star Newspaper, March 22, 1930, Page 2

WASHINGTON, D. C, SATURDAY, MARCH 22, 1930. THE EVENING STAR, [FAVORABLE REPORT CHINESE STEATION JURYFINDS DOHENY INNOGENT OF BRIBE _0il Magnate Acquitted in " Spite of Conviction of Albert B. Fall. ‘(Continued From First Page.) - stood side by side leaning against a + Teiling around the bench. Hogan, who also had been surround- , ed by friends, finally rushed his way ? through the crowd, siapping Doheny on the shoulder, and said, “Well, we won it.” Doheny, with tears still in his eyes, grasped his hand and shook it. - They chatted for several minutes before leaving the court room to pose for pho- .tographers. » Mark Thompson, who, with Hogan, defended Fall, said that the verdict was “a clear vindication” of the former In- --terior Secretary. Calls Verdict Vindication. “The judge charged the jury that the whole point,” Thompson said, “was whether Doheny bribed Fall. The jury's verdict was a clear vindication of both of them.” Mr. and Mrs. Doheny left the court Toom at 12:20 p.m., still being followed ging:rsans who sought to shake their On the broad expanse of the front portico of the District of Columbia Supreme Court Building they paused for a battery of photographers and ; movie operators awaiting them. ‘The Government prosecutors, Owen ~oJ. Roberts and Atlee Pomerene, left the court room without making any statement. Most of the crowd followed Mr. and Mrs. Doheny through the portico and stood in a semi-circle around them as athey were photographed and Hogan -talked for the sound pictures. »- Word of the verdict spread quickly to the Senate, where the investigations +deading to the trial of Doheny, and Harry F. Sinclair were started. ‘Walsh Won't Comment. “It is another evidence,” commented Senator Norris, Republican, Nebraska, “that under our system you cannot convict $100,000,000 of a felony.” Senator Walsh, Democrat, Montan: ;Who prosecuted the Senate investiga- $tion into the leasing of the naval ofl iTeserves by Fall to Doheny and Sin- 3 T —~ towwmment. was the opinion of Senate lawyers _that the acquittal of Doheny wul:ynot saffect the conviction of Albert B. Fall of bribery by the California oil man. 71t was their belief that Fall's trial and conviction of bribery by Doheny stands separately. _, Outside the court house Hogan said “there was nothing that happened today to the Sthat carries a greater message sAmerican people than the right of trial oy . & “For the second time the jury has de- {;l:;glzm be wh{‘t we know you are, an o man and an ncnest, patri Seitizen,” he added. o Crowd Cheers Doheny. ‘The camera men called out to Doheny to say something. Doheny hesitated & then, smiling broadly, moment , “Of course, I am ‘There was a burst of hurrahs from the crowd as the Doheny party entered their automobiles, after posing for the pletures. Confers With Counsel. Justice Hitz first summoned, counsel and talkpd with them for 25 minutes. In" the conference at the bench the El:awhn were chiefly listening, mddeu counsel lge’med to be i'.'i‘if jury mm&mmmmm the in- contract or arrangement between Mr. Doheny and Mr. Fall was reached and that it does not say such an agreement was closed,” the judge said, “the indict- ment as far as I understand it, says that arrangements had been opened bet: Mr. Doheny and Mr. Fall, and while the arrangements were ed with intent of influen Mr. 5 Justice Hitz then rea dto the jury the prayers admitted on request of counsel “They are nothing,” he said, “but Tules of law.” ‘The prayers included that of the Gov- ernment that it was admitted Doheny gave $100,000 to Fall and the defense instruction that i Doheny entered the court room with his wife at 9:25. Smiling, they seemed almost gay. Mrs. Frank J. Hogan, wife of Daoheny’s attorney, preceded them to the benches behind the court bar. an_unopened letter from his coat , Doheny and his wife read the message together. They smiled, ap- parently confidently, at other then, the defendant took his seat before ‘bar. Mrs. Doheny, smartly dressed black, gazed solemnly forward for geveral moments, then turned to friends d around her and ani- ly. Court Room Cold. ‘The court room was cold—consider- ide. Justice Hitz had ordered & spe- ial ventllation system to keep the air re. 5] tors, however, were not kept by the discomfort of the room. o occupy. Most of them, well dressed vomen, had followed the trial through- But. {ll While Judge Hitz conferred with the ttorneys two of the three women jurors | ™ ut their heads together and whispered iss Jean Yeagle, pretty 26-year-old nographer, wore a gray fur coat over also a 26-year-old ste- wrapped her black coat ugly about her. Mrs, Crissie Voliner, 9-year-old housewife, kept her own unsel in the jury box, except for a ord now and then with the juror be- ide her, Clarence Canter, a street car nductor, ‘While Justice Hitz read through the engthy instructions to the jury, Do- eny put his hand behind his ear and nt forward. Mrs. Doheny leaned intently forward, | Completing reading of the prayers ustice Hitz began his own instruc- ons to the jury. “Those instructions were granted at e request of the parties in the case,” ustice Hitz said. “If the jury finds that any witness n either side of the case has lied to jou the jury may reject all of that t ony. If you think it was false in one respect and true in another you may accept what you belleve true- and reject what you believe false.” Stresses Equal Justice. ‘The court told the jury that the trial same justice to and a ‘The defendant denies d the record shows that has testified he has denied it.” Justice Hitz told the jury it was not concerned with the wisdom of the Pearl Harbor project, but only if the money passed between Doheny and ¥Fall and Doheny’s intent. . « ' “Doheny tesiified the PJ [ Fall | you should find him not guilty.” * * * said, was “2,000 miles away” when this decision was reached. Subordinates i & Dr. L. B. Tuckerman, assistant chief ON PARKER IS SEEN Close Study of His Record Likely in View of Fight Made on Hughes. (Continued From First Page.) in part upon the Hoch-Smith resolu- tion. The court granted the injunction on the ground that the commission had exceeded its powers and had proceeded upon erroneous prineiples of law. The commission appealed and the case was dismissed in the Supreme Court on the ground that the questions involved had DOHENY HAPPY AFTER HIS ACQUITTAL become moot because of an agreement | entered into between the interested car- riers with the approval of the commis- sion. For this reason, the decree grant- ing the injunction was reversed and the case dismissed, but the court made it clear that the questions in the case were of the division of mechanics and sound, with a number of specimens of metals from the Navy dirigible Los Angeles, which are being tested to determine if corrosion has seriously affected them. —Underwood Photo. pass,” he continued, “so the only ques- tion for you to determine is if the money with corrupt intent. You've got to interpret what was in Mr. Doheny’s mind.” He said Doheny said it was a loan and the Government said it was a bribe. “Which was it?” he asked. “It is not the form of transaction, but it is the intent,” he said. “Evi- dence must show you beyond reason- able doubt that when this money passed | Mr. Doheny, then and there, intended | to influence Mr. Fall before he can be found guilty. If the evidence does not satisfy you of that primary fact then Entitled to Doubt. “The defendant is entitled to every reasonable doubt,” the justice continued. He told the jury it must consider Doheny’s testimony from how it squared with the other evidence. He said “Mr. Doheny's riches must not create any prejudice against him or create any sympathy for him.” He told the jury they must give “even handed justice” and decide the case honestly “upon your conscience.” The arguments ended late yesterday with an impassioned appeal by Frank J. Hogan of defense counsel that his client be acquitted and a calm recital by Roberts of the evidence that had been presented as he saw it. Roberts told the jury the evidence in the case “makes out beyond doubt™ that Doheny had given Fall the money with intent that the Secretary of the Interior should be influenced by it to award his company leases. ‘Three-Hour Speech. “Nobody can deny and nobody has denied that Mr. Doheny’s company was after those leases,” he said. “And no- body can deny there was an advance of $100,000 to Fall.” Hogan devoted three hours to ex- his contention that testimony showed the Navy had ordered the In- terior Department to negotiate the Pear] Harbor contract for naval oil stor- age, as well as the lease which the Gov- ernment charges Doheny got through bribery. ‘The Pearl Harbor contract contained & preferential clause that gave Doheny's Pan-American company preference to any lease in the Elk Hills naval oil renirve that the Government decided to make. Hogan told the jury the award was made after' naval officials and subordi- nates of the Interior Department had reported that it was the best of four bids submitted on the project. Fall, he telegraphed him, the counsel said, for permission to execute the contract, to which he replied to do so if Secretary Denby of the Navy wished it awarded to the Pan-American. “Not & word was received from Fall,” he exclaimed, “except to say, ‘Put it up to Denby.’” Ends Prosecutions. ‘The verdict of acquittal in the Do- heny case today wound up the many- angled criminal and civil prosecutions growing out of the oil-leasing policy of the Harding administration, exposure of which caused a national scandal and was followed by the resignation of three cabinet officers and the conviction of one of them. The civil cases against Harry F. Sin- clair and his Mammoth Co. and against Doheny and the Pan-American Co. re- sulted in the return of the oil reserves to_the Navy. The first of the criminal cases in 1926, that against Fall and Doheny, re- sulted in their acquittal on charges of conspiring to ‘defraud the Government out of the Elk Hills Reserve. ‘The second of the criminal cases, an indictment charging conspiracy against Sinclair and Fall on charges of con- spiring to defraud the Government out of the Teapot Dome Reserve, ended in & mistrial in 1927 when it was dis- covered that detectives employed by Sinclair were shadowing the jury. Served Jail Sentence. Sinclair later was found guilty of criminal contempt of court and served six months in jail. In addition he served three months after being found guilty earlier of a misdemeanor for re- fusing to answer questions asked by the Senate ofl committee. Sinclair secured a severance of his conspiracy case from that of Fall be- cause of the latter’s illness and when tried, in the Spring of 1928, was ac- quitted by the jury. Fall then was placed on trial on the charge of accepting a bribe from Do- heny and was pronounced guilty by a jury composed of four women and eight en. Four months later the Doheny case was called. It ended in a verdict to- day of “not guilty.” MAYBE SPRING WEATHER WILL PREVAIL MONDAY PLAN IVES FREE FAREFORPUPLS McLeod Amendment Would Cut Unchanged Rate Period to One Year. (Continued From First Page.) dren, presented Tate Hackney, a Gov- ernment employe in the Bureau of Cus- toms, who told of his difficulties in sup- porting a family of six on a salary of $1,560, emphasizing what a relief it would be toward his budget if there were free fares for school children. Arthur Sterges of the Bureau of Ap- plied Economics, a private fact-finding body, was presented by Mr. Noonan to show the necessity for free transporta- tion for school children. At the same time Mr. Noonan stated that many of these children are in a state of semi- starvation. Quotes From U. S. Report. Mr. Sterges quoted from a report printed by the United States Depart- ment of Labor covering the budget for a family of five in Washington at a level of health and decency. Mr. Sterges said that a computation he had made showed that 27,000, or more than half the total number of civil service employes, were receiving less than the minimum set by this Government re- port. He also checked off for the com- mittee & number of other cities which furnish transportation to school chil- dren at a reduced rate, showing that, while a citizen of Washington spends $10 for family necessities, only three of the other cities—Birmingham, New Haven and Boston—pay & higher rate, while some of the other cities run down to a comparative rate of expenditure of about $6.50 as against $10 in Wash- ington. Mr. Keech, people’s counsel, engaged in a firm exchange with Representative Bowman, when the latter protested against Mr. Keech’s amendment as re- stricting the functions of the Public Utilities Commission. Mr. Keech also supported the pro- vision for continuing the existing rate of fare for two years, declaring that a fiscal study of the probable result showed that the merger would bring about better conditions for the people and for the utilities themselves, with an immediate saving of $583,000 and a probable later saving of $600,000 in yearly net costs. THACHER CONFIRME TO SUCCEED HUGHE Nomination as Solicitor General Is Approved Without Debate or Roll Call. By the Associated Press. Judge Thomas Day Thacher of New York was confirmed today by the Sen- ate as Solicitor General, succeeding Charles Evans Hughes, jr. Hughes resigned from that office when his father was appointed Chief Justice of the United States, succeeding the late William Howard Taft. ‘Thacher’s nomination was approved without debate or a roll call. Objection had been voiced earlier in the week to consideration of his nom- ination by Senator Overman, Demo- crat, North Carolina, but no voice was raised today as Senator Borah, Repub- lican, Idaho, asked that the nomination be approved. Overman had raised the objection that Judge Thacher had “Communist” leanings. He based this on a protest against the nominee by a representative of the Woman Patriot. However, after examination of the ‘Thacher record as Federal judge for the Southern district of New York, all objections were withdrawn. Previously, the Senate judiciary com- mittee had asked Thacher to dispose of stock he held in four power companies. He sold the stock. LABOR HEAD’S BROTHER HURT BY AUTOMOBILE Overcoats will continue to prevail as the new Spring mode for at least two more nights before they can be shed! with any degree of comfort, the Weath- er Bureau admitted reluctantly today. The chilly blast which yesterday in- augurated what was sald to be the first day of Spring and sent the mercury to 23 degrees at 6:30 am. today tells what is going to continue tonight, with perhaps a dash of rain to add to the discomfort. Tomorrow will be slightly milder, but cold enough to banish thoughts of Sprin~, the Weather Bu- reau says. “Maybe Spring will arrive early Mon- it was assured half-heartedly. “At least the indications ‘point to the end of the cold snap at that time.” KAYE DON IDLE TODAY DAYTONA BEACH, Fla., March 22 (#).—Kaye Don, veteran British racing driver who hopes to set a ‘new world speed record in his Silver Bullet ma- chine here, planned to remain idle today. ‘The beach was in poor condition, and since the next low tide is after dark tonight, it will be tomorrow at the earliest before Don can take his car out even for a tu up. He said if he went out Sunday it probably would moneg_did be only for & few test runs, B 9 8553 ; el Walter Davis, Injured in West Vir- ginia, Taken to Ohio Hospital. By the Assoclated Press. FOLLANSBEE, W. Va., March 22.— Walter Davis, brother of Secretary of Labor James J. Davis, suffered a frac- tured skull last night when struck by an automobile here. He was taken to a Steubenville, Ohio, hospital in a critical condition. C. E. McClellan, driver of the automo~ bile, was released on his own recog- nizance. He said Davis walked into the path of the machine. Davis is employed in a steel mill hera St el . BAND CONCERT. By the United States Soldiers’ Home Band Orchestra, John S. M. Zimmer- not passed upon by the Supreme Court. Another case of importance handled by Judge Parker is that of the Atlantic Coast Line Railway Co. vs. Standard Oil Co. In this case the court went at great length into the difference be- tween an interstate shipment and an intrastate shipment from a point of distribution, and held that intrastate shipments from point of distribution where the original interstate shipments had ended were governed by intrastate rates. This case involved an exhaus- tive investigation of prior decisions. The same question was decided by the Circuit Court of Appeals of the sixth district contrary to the way the fourth circuit decided it. The Supreme Court denied certiorari in the fourth circuit case and granted certiorari in the sixth circuit case, and reversed the decision he latter court, citing the fourth|charges of bribing Albert B. Fall, former Secretary of the Interior. who led the defense attorneys; Mr. Doheny, Mrs. Doheny and Joseph H. Cotter, associate counsel. of tl circuit decision as authority, and say- ing, in ade “We concur in the reasoning and conclusions of the United States Circuit Court of Appeals for the fourth circuit in Atlantic Coast Line Railway Co. vs. Standard Oil Co. of New Jersey et al.” . Simplified Procedure Involved. An important question confronting the Federal Courts is that of simplifica- tion of procedure, and there are a num- ber of decislons sustaining the modern tendency to simplify procedure and not deny relief to & litigant because he has mistaken his remedy. In the case of Great American Insurance Co. vs. John- son, the court, presided over by Judge Parker, said: “The distinction between law and equity has not been abolished by the recent statutes regulating procedure, and a party is entitied to have his case tried on the fm"" side of the docket; but the question here is not whether it was error to try an equity case as an action at law, but whether this court should hold such error to be prejudicial and award a new trial, where all of the evidence in the lower court is before us, where it ars that the case was fully developed, and where the relief ob- tained at law is exactly what upon the record should have been awarded in :quity. We think not. In such case jus- tice has been done and courts exist to do justice, not to furnish a forum for intellectual skill or prowess.” The Supreme Court denied the appli- cation for writ of certiorari in the case of the Great American Insurance Co. vs. Johnson, and it is believed that this case marks a distinctive step forward in the liberalization of Federal procedure. Judge Parker was appointed to the vacancy in the Supreme Court, caused by the death of the late Justice Ed- ward Terry Sanford of Tennessee. Not fox;"lunn has flmounh judicial cir- cul n_represen the Supreme Court. This circuit includes the g::tu of Maryland, Virginia, Wes North Carolina and South Carolina. The last man on the supreme bench from this circult was Assoclate Justice Daniel, who retired in 18 Fitness for Office Paramount. Pren1 stdenteno;av;r. in announcing the appointment of Judge Parker, inted out that fitness tordgmce Was o important consideration in ap- pointments to the Supreme Court. He added, however, that when fitness been considered it was also important to consider the distribution of the mem- bers of the court am the judicial circults, indicating that had been a factor bringing his decision to appoint Judge Parker, Discussing the appointment of Judge Parker, Senator Simmons of North Carolina said: “We wanted a Democrat, but made it clear to the President that if a Republican is to be appointed we wanted it to be Judge Parker. I think that is the attitude of the North Caro- most lina delegation, of the bar and of the people of the State. “Judge Parker is a young man, a very fine lawyer, and he has made a very fine . He has a high char- acter, is able and has a judicial tem- perament. He is as good & man as there is in the South.” Judge Parker is a graduate of the University of North Carolina. He was admitted to the bar in 1908 and began the practice of law in his own State. His home is in Charlotte. He was ap- pointed a judge of the fourth judicial circuit by President Coolidge in 1935. He served as a special assistant to the Altu:‘rney General from 1923 to 1924, in- clusive, HARVARD YOUTH TRIES TO TAKE LIFE AT PARTY Norwegian Graduate Student’s Gun Wound Declared Serious as Police Quiz Men and Girls. By the Associated Press, CAMBRIDGE, Mass, March 22— Aage Brodtkorb Kloumann, 26-year-old Harvard graduate and employe of a Boston engineering firm, shot and seri- ously wounded himself in his Gold Coast apartment here early today after a party at the Hasty Pudding Club, one of Harvard’s best known social clubs. In a statement to police Kloumann sald “I was fed up on myself. I am solely to blame.” Kloumann, whose home is in Oslo, Norway, was taken from his rooms near the university this morning to the Massachusetts General Hospital, Boston, with a bullet wound in the left side of his body, not far from his heart. Police immediately be?n an interro- gation of a number of fellow students, who were said to have been in his rooms, together with several girls. DRUGGISTS INDICTED IN “GINGER PARALYSIS” Louisa, Ky., Grand Jury Charges Four With Selling Extract for Illegal Purposes. By the Associated Press. LOUISA, Ky, March 22.—The first indictments in the widely spread out- break of paralysis, attributed to impure man, bandmaster, and Anton Pointer, assistant leader, this evening at 5:30 o'clock in Stanley Hall: March, “Old Comrades”. Overture, “The Count of Essex,” Mercadante mlm tino Idilli “Andantino co .Drigo “Creole Serenade”... Freire Gems from musical comedy “Mutt and Jeff”................... Webster Fox-trot, “That's My Mammy”....Baer Waltz suite, “Doctrinen’ . .Strauss Finale. “Down the Field". . Friedemann . “The Star Spangled er.” jamaica ginger, were returned here yes- S e St n, were in m ul:‘ of ginger extrut';:x u purposes. Cy Abbott and Mrs. Mary Abbott, 0p- erating the Abbott Pharmacy, and O. & Skaggs and Ed Lanz of the Lawrence Drug Co. were those indicted. The in- vestigation foMowed the appearance here of between 30 and 40 cases of pa: and testimony showed that a large number of the sufferers had used the extract habitually for beverage PUF- po! A that_th West Virginia, | possip, 60. ‘the making had | '!'ll Edward L. Doheny, oil magnate, receiving congratulations on the Court House steps today following his acquittal of SLAIN MAN'S B0D FOUND IN POTOMAC Card Indicates Washingto- nian—Skull Injuries Bring i Murder Verdict. The body of a man of middle-age, in such condition from submersion in the Potomac River that identification may be impossible, lay in a morgue at Gly- mont, Md., today while the Washing- ton police, co-operating with authorities at Indian Head, Md., sought to solve the mystery surrounding his death, Arthur Johnson, & fisherman at In- dian Head, noticed the body late yes- terday afternoon near the river bank at Glymont wharf, a few hundred feet up- stream from the Government reserva- tion at Indian Head, 26 miles from Washington. Later in the evening a coroner’s jury viewed the body and re- turned a verdict of murder. Find Evidences of Violence. bullet wound in the head and a crushed skull were the evidences of violence. The jury exg::flud the opinion t the body had n in the water about two months and one of three le marks of identification, & card with a Washington address, led Justice of the Peace De Therey to seek assist- ance here. ‘The body was that of & man about 40 years old, 5 feet 6 inches in height and 150 pounds weight; with black hair, a high forehead and partly bald. The body was attired in blue-serge trousers, white striped shirt, brown sweater, and black patent leather slippers. A gray leather belt, a buckle with the initial T. The outline of a woman’s figure was tattooed on the righ fore- arm. A business card of the Charles M. Stleff Co.,, 1340 G street, Washington, found in & pocket, sug that the man_ had lived there. the High View Apartments, formerly a salesman for the company, whose name ‘was on the card, was reported as say- ing, however, that he did not recall ving one of his cards to a man of the description given. When he was with the company he did not do busi- ness father away than Alexandria, Va. Could Not Identify Body. Officers of the Charles M. Stieff Co. called Galliett after midnight last night and met with him at the company of- fices, where they checked over the list of prospective customers with whom the salesman had come in contact. Gal- liett, now employed Ly another concern, did not find a name beginning with the letter T, and said that while he prob- ably passed out the card found on the body he could not remember the cir- cumstances and would not be able to identify the body. The suggestion of murder was buttressed apparently by the evidence of two bullet wounds in the man’s head, indicating that he could not have ficed the shots. In response to appeals.from Sheriff Early of Charles County, Md. the Washington police detailed four men to go to Indian Head today to in- vestigate. They were Detectives John Fowler and Thomas F. Sweenev of the homicide squad, Sergt. Fred Sandburg of the Identification Bureau and Viggo Larsen, bureau photographer. Justice of the Peace De Therey sald today that in his opinion identification would be impossible except by means of the man’s clothing and the tattio mark. He said that after the Wul"l- ington officers vi-wed the body he would order it turned over to Charles County authorities for burial today. The position of the bullet wounds and the crushed skull led the coroner’s jury to construct the explanation that the man had been murdered aboard a boat in the river, his head crushed with a ciub or spike, and the body thrown overboard. 11 fishing vessels often are in the vicinity of Indian Head. The description of did not tally with descriptions of missing men on file at Washington police head- Quarters except in one particular, the Titial of the surname, The letter T on the belt buckle suggested the un- explained disappearance of Julius Tol- lei;on, retired boa s mate, who left a note in his state room on the Washington-Norfolk’ boat the night of January 11, and the disappearance of George Talbott, & painter, who has been miss since January 13. Tollefson “."és years old, however, 20 years older than the man whose body was found is believed to have been. At the address given for Talbott when he was reported missing it was said today that nobody -on the premises knew anything about him. . PLAN NEW AIR SERVICE Boeing Company to Open Coast-to- Coast Route in May. CHEYENNE, Wyo., March 22 (#).— ‘Twenty-four-hour transcontinental air passenger service probably will begin over the New York-San Francisco air- malil route in MAE;.P. G. Johnson, pres- ident of the Boel Alr Transport Co,, sald here yesterday. w.ya&wn u:nml;m Boeing Co. will put -motor -passenger sh, into service at that time over the J’iam... b':n htnlzlrlc%omun ‘The planes will used and passenge ~service. / oy r I | FARMERS’ HIGHEST TARIFF BILL NEARS LAST SENATE VOTE (Continued From First Page.) In the photograph, left to right, Frank J. Hogan, —Star Staff Photo. CHARGE OF ASSAULT IS ORDERED PLACED HELD EXAGGERATED Bishop Sheehan Asserts M sionaries in Kanchow Are in No Immediate Danger. By the Assoclated Press. SHANGHAI, March 22.—Commenting on the announcement from Washington that 11 American Catholic missionaties had been trapped at Kanchow, Kiangsi Province, as the result of Communist disorders, Bishop Sheehan, director 'of the mission’s -activities.in the northern part of that province, asserted here fo- day that the reports were exaggerated. ishop Sheehan said the vicarate at Kanchow was in the midst of continual Communist and bandit depredations, but asgerted that its missionaries were, in po immediate danger and were carying on their work despite the uncertaintjes, ‘The bishop, a native of Streator, Ill, and - whose American uarters are Jn St. Louis, further stated that the mission’s local office on March 19 re- ceived a telegram:from Kanchow saying conditions were quiet. g Bishop. Sheehan eaid the Kiangsi dis- orders were the result of the inability of the Nanking authorities or the pro- vincial officials to exert authority within that area. He said, however, that con- ditions were in no wise different from those existing for many months pre- ‘viously. 12 LISTED AT MISSION ‘Washington Reports Lead to Belief One Has Escaped. EMMITSBURG, Md, March 22 (#). —Eight members of the Community of Sisters of Charity from- the mother house at St. Joseph’s College ‘here and Bishop John A. O'Shea and three priests from St. Vincent’s Seminary, Germantown, Pa., ‘are recorded here as attached to the Catholic mission at Kanchow, China. Reports received. in Washington that 11 missionaries were besieged by Chinese Communists, led to the belief that one of the twelve had AGAINST GRAVELY | escaped (Continued From First Page.) regulars and Democrats regained some of the lost ground, but the rate structure of the Senate measure is still below the high protective scale voted by _the House. Besides boosting farm rates to the highest level ever known, the Senate bill coincides with the House measure in another important particular, in {kat it carries virtually the same increases on raw clothing wool and particularly every woolen garment worn by every person in the land. The rayon schedule, set up in a sep- arate category for the first time, also contains much higher protection for this growing industry, while the cotton and silk textile rates remain about the same, with a few increases and reduc- tions. Sugar is assured of a higher rate, al- though the Senate duty of 2 cents a pound on Cuban raws is much lower than the House rate of 2.40 cents. The present duty 1s 1.76 cents. Both measures take from the free list brick of the common building va- riety, hydraulic cement, hardwood floor- ing and lumber of various kinds. The House bill takes shingles from the free category, but the Senate eliminated the 25 per cent levy. ‘The House also placed hides, leathers and shoes under the arm of protection, but the Senate was unable to agree on an equitable distribution of levies on these commodities, and they remain free in its bill. ‘The Senate provides a duty of 7 cents a pound on long staple cotton, now on the free list, and to compensate for in- creased costs to manufacturers using this Egyptian type adds a flat additional levy of 10 cents a pound to the rates provided on all manufactures of cotton staple of 1% inches and over. ‘The biggest inroad made in the in- dustrial schedules by the Democratic- ‘Western Republican coalition involves cuts in existing rates on pig iron, basic raw material of the steel industry, alu- minum and plate glass. Chemical Schedule Low. ‘The chemical schedule also is far be- low existing law, with many rates now in effect wiped out entirely. However, the present American valuation method of determintng ad valorem tariffs on mfllnu dyes and drugs remains in the Both measures give an increased rate to furniture, while the Senate cuts the duty on automobiles and motor cycles g:t‘; 25 wd mmper cent ad valorem. ry and chinawares are granted higher protection. As for other administrative features, the Senate bill makes wholesale changes in the House terms. The former restores the existing bi-partisan character of the tariff commission and keeps its membership at six. The House increased the membership to seven to prevent deadlocks and provided for a non-partisan fact-finding a The Senate measures provide for a general reorganization of the commis- slon, directing the President to submit to the Senate the names of six new commissioners within 90 days of enact- :I;l,eex;t g’l ll.dl’le bill. u':;ha President, how- , could reap) any existing com- mlr:sigger ‘l;ue degr,e\t > e either bill disturbs the old system of basing ad valorem rates on foreign val- uation, but as a step in the direction of 'goods, which lowers the protection, the Senate incorporated a provision direct- ing the Tariff Commission to report to Oongress by January 1, 1932, some form of domestic valuation. The idea is to translate all ad valorem rates in the bill finally enacted into duties based on domestic value without increasing or decreasing the degree of Pprotection afforded by the rates based on foreign value. The Simmons-Norris flexible substi- tute would restore to Congress the pow- €r now vested in the President to change rates up or down as much as 50 per cent after investigation by the Tariff Commission. As a safeguard against a general opening up of the tariff ques- tion, the substitute provides that action by Congress on any report from the commission should be restricted to the g:;!t'l or items dealt with in such re- The substitute places no limitation on these emergency tariff changes, permit- ting the commission to report findings ‘D;le Del:!l:tonn to transfer to or from the e 3 Port Courtesy Withdrawn. ‘The Senate bill withdraws all courtesy of the port and other special privileges | heretofore granted Government officials and Senators and Representatives upon returning from foreign trips either for business or pleasure. It also puts up to the courts instead of customs authorities the right to bar imported literature that might be re- garded as of an obscene or seditious nature. ‘The Senate measure also repeals all countervalling duties except those on coal, flooring and wood pulp, subjects Canadian wheat milled in bond in this country to a duty of 35 cents a barrel if intended for export to Cuba, and pro- vides that all wheat impo: in bond shall be withdrawn from domestic ware- houses within 10 months instead of threo years as at present. The latter clause was added to provide ample stor- age space for American wheat in emer- gencled, especially at harvest times. ‘The Senate also added clauses provid- ing for suspension of duties on any commodity in which & monopoly in re- straint of trade was found to exist, and for & people's counsel on the Commission to look after the interests of the general consuming pul preventing undervaluations of imported | bond. report on the part that Detective Burke played in the affair. He would not com- ment on this forthcoming report today. Tells of Visit. At the grenml.mry hearing yesterday before Judge Isaac R. Hitt Marie Fos- ter testified that Elgin, Swortzel and Crotts came to her apartment early Wednesday morning, and that while Crotts and Elgin went into an inside room Swortzel told her that she must pay him $30 as the price of “protec~ tion.” She said she told him she bad but $2, but would telephone to a friend to bring the rest. It was then arranged that the men should go outside and wait in the street, and that she would raise a curtain as a signal when the friend arrived with the money. She went to the kitchen, according to her story, and, raising a curtain in the darkened room, saw a small car drive up to the rear of the apartment and one of the occupants she recog- nized as Detective Willlam F. Burke, whom she had known since she was & little girl. She signaled to Burke and then ran down the steps and told him that & policeman, who had shown his , had tried to “shake her down” for $30. Burke and his companion in the car, who was Spottswood Gravely of the third precinct, drove their car around the corner of First and Thomas streets, where ‘they saw the three men was not allowed to of the alleged sl Gravely. Under cross-examination by Mackay, former commonwealth’s at- torney for Arlington County, she stuck closely to her story. The cross-exami- nation lasted 90 minutes and was punc- tuated throughout by bitter clashes between Mackey and John R. Fitzpatrick, representing the Govern- ment. Burke Gives Testimony. Burke next took the stand and sald that he was on the lookout for a man | o¢ $50,000. thought to be implicated in a hold-up which occurred at the same apartment He said he upocmd“ '.h‘: had tried to get $30 from her. He and Gravely went around to.the First_street side and arrested Crotts and Elgin, who were there, and Swort- zell, who strolled up at about that time. Burke was not allowed to into the matter of Crotts’ shooting, but he was allowed to relate a statement said to have been made to him by Crotts on the theory he had later repeated it in the presence of Elgin. x; Crotts’ story, as told by Burke, was that the trio had planned to go to the apartment and that Crotts would enter first and retire to one of the rooms with a girl. Later Swortzell and Elgin were to rush in and pretend to raid the place and demand money as the price of their silence. Crotts, Burke said, told him that he did not like his part in the affair, and the plan was abandoned, but that the three decided to go around and “shake the place down” anyway. After the testimony, Mackey moved to dismiss the case as to Elgin, but the motion was denied, and both men were held for grand jury action in $1,000 MRS. JULIET COX’S WILL IS FOUGHT BY DAUGHTER Undue Influence Is Charged in Pro- test Entered by Mrs. Hazel Parks. Mrs. Hazel Van Zandt Parks today filed in the Probate Court a caveat pro- testing against the admission to pro- bate of the will of her mother, Mrs. Juliet Hazeltine Cox, daughter of Matthew G. Emery and widow of Wil- liam V. Cox. The estate is valued at approximately $1,000,000. Under terms of the will, after a num- ber of specific bequests the bulk of the estate is to be distributed among Mrs. Parks and her two brothers, except that the share of her daughter is to be held in trust during her life and she is to have only the income, while the two lbr:atlherx are given their shares abso- utely. Sent to the Kanchow mission which was started- in 1920 from the mother house here, the nuns originally came from different gam of the United States. Sisters Helen ‘Lucas and An- selma Jarboe are from' Washington, Sister Emily Kolb from New York, Sister Mary Beggs from Philadelphia, Sister Sarah O'Neill from Germantown, Pa.; Sister Clara Groell from Biffalo, Sister Annie Strable from' Saginaw, Mich., and Sister Louise Delude: from South Bostor, Mass.' Sl Bishop J. A. O'Shea of Deep River, Conn., and 'Fathers F. L. &hfll of Germantow! grega Order and were among a group of 17 prieits who went to Kanchow in 1931 from the Germanfown institution. FILM EXPLOSIONS CAPSE_ .$50,000 PROPERTY LOSS Fire Following Blast Sprea to University Clu_b and Disturbs Two Others. By the Associated Press: ; CHICAGO, March 32.—Two sions early today showered members was oyercome. In the block between Madison and the blast. D-mnrfmmflm that followed was estimated by police CAPONE IS ADVISED =~ - TO LEAVE CHICAGO " - OR FACE ARREST (Continued From First Page) . ' Federal Government had no desiré to Stege, who had accompanied Capone on his tour, then told him that’ police had no charges to bring against him, but would nevertheless arrest him om sight every time he appeared in publics He also mentioned,” in his argument against Chicago as a permanent home for Capone, the large numbers of gang: Killings. “Somebody might bump off_any: time,” Stege said, “and wmboy. 'g.nfi. be bothering you all the time. - You know how they are—hot-blooded and. ambitious.” Ll To show that he meant what he said, Stege called in all the of _his force he could find who never seen Capone. i .. iy “There he is, boys,” He fold them.: ;rge n::n t?mo you see -him bring hiia Capone such ' procedure would not be and Stege % that Capone could always sue -for arrest. “That's done_-before,” Stege admitted. “Dingbat Oberta did that. By the way, 3‘3 you hear what happened to Dii = (Oberta. was , gangster fashion, 3 't want to sue an: ly,” i . “All I want is hot'to be if I come downtown.” # “You're out of luck,” was: the replW: “Your day isdore. § Tells of “Disappearance.” 1 To reporters Capone obligingly: €xs plained where he had been since his res ; lease fromi the Philadelphia p d where he served 10 months for possesy sion of firearms. First, he explained, he waited i Philadelphia, figuring, correctly, thap no one would look for film there. Hé chartered an airplane and made reser< vations on a train, all to throw report- ers and others off the track.™ Then motored to Chicago and stayed Thl'uugh Attorneys Wilton J. Lambert and Rudolph H. Yateman, the daugh- ter claims that the will is invalid and was procured by undue influence on Mrs. Cox, who was far advanced in years when she died December 2, last. Maj. Julius Peyser To Broadcast Plea For District Vote Maj. Julius I. Peyser, former speak on “National Representation for the District” over Station WMAL tonight from 8:45 to 9 o'clock. ‘The 'i.k is the first of a ne; serles of radio programs arrange hy the Citizens’ Joint Committee on National Representation for the District. The second program will be broadcast next Saturday night, and tal Al J. Hickey of Indiana will speaker. at & friend’s home until he decidéd “to hav§ it out with the cops.” N The gang leader chuckled as he exs plained how he escaped recognition. “I wore a pair of dark-rimmed glasses and signed the hotel registers as a dqctor,’y", he e said. 3 As to his future plans, Capone that after. “winding ulpumy business” Chicago ‘he would ve - for - o\ where he owns & home. g to make news, naturally. there’s all this ballyhoo got to sell papers.” limelight. v “Tm only 31,” he suid,-“and P'ye been blamed for crimes that