Evening Star Newspaper, October 17, 1930, Page 17

WARDMAN GROUP REPLIES 10 SUIT OF STOCKHOLDERS Claim Coercion to Make De- fendants Buy Stock at Excessive Price. HEARING EXPECTED DURING AFTERNOON Individual Control With Deception of Any One Denied by Real Estate Men. In an answer filed in the Corpora- tion Court in Alexandfia today, the ‘Wardman Mortgage & Discount Corpo- ration, together with Harry Wardman and several of his business. asociates, opposed the suit filed recently on be- half of certain stockholders, in which they asked for appointment of & re- ceiver and an injunction to prevent the defendant from taking steps to dissolve the mortgage and discount corporation. ‘The reply of Wardman and the other defendants was filed by Attorneys Daniel Thew Wright and Meredith M. Daubin shortly before the set for s hearing before Judge llam P. ‘Wools in the Corporation Court today.’| ‘The complainants seeking appoint- ment of receiver and the injunction are Robert B. Smythe, Theodore S. Grate and Charles D. Davis. The others named as defendants in addition to the Wardman Mortgage & Discount Corporation were Harry Ward- man, Thomas P. Bones, Henry J. Robb, J. Floyd Cissel, Robert N. Taylor, K. Parrish Wood, jr., and James D. Hobbs. ‘The defendants begin their answer by declaring that the total amount of preferred and common stock held by the plaintiffs who filed the suit is less than 2 per cent of the total aggregate of the outstanding common and pre- ferred stock. Charges Are Answered. defendant denles that the that the stockholders whom your complaints represent amount to more than $100,000 in " the began. actual cash, answer “This defendant avers that this action is not brought in faith and not brought for the benefit of any other stockholders, but is brought by the said 1¢ of coering the the time mentioned in- paragraph 5 of the control of and man- and not dominated controlled by Wardman, Bones & Hobbs or by any one else.” Deception Is Denied. “This deféndant,” the answer con- tinued, “denies that the said corpora- mmnrmya“humn';eremfluct- as to fraudulently deceive, misiead or ‘misrepresent to complainants or to any one else or to the public generally, as to the interests and investments of the defendants, Wardman, Bones & Hobbs, and the other members of the board of directors, the assets of the company, the class of securities to be dealt in by sald company, the pur- pose of organization, the plan under which stock was to be issued. The answer of the defendant denies that they have controlied, either di- Tectly or indirectly, most or all of the named ip the pe- is denied that Wardman, has loaned this company $4,298. Stock Issue Defended. The auswer also denies that Ward- an, Bones & Hobbs had 24,995 hares of the common or voting stock f the ition issued to themselves thout payment of any consideration, ind denies that said issue was in oppo- sition to the plan which the directors advertised to the public generally, and denies that said stock was issued with- out consideration. The said stock. the answer alleges, | ‘was issued to Wardman, Bones and Hobbs in strict accordance with the law of Virginia, according to a financial plan which was prepared and submitted to the Corporation Commission of Vir- ginia in 1924 “The defendant is advised and be- lieves and avers on information and be- lief that it is not insolvent and was not insolvent in January, 1929, or for many months prior thereto,” the an- swer continues. “This defendant avers that its only indebtedness consists for the main part of franchise taxes to the State of Virginia, taxes to the District of Columbla, and declared dividends ‘which have not been paid to certain of its stockholders, together with the aforesaid indebtedness to Harry Ward- man of $4,208. “This defendant has in its treasury as assets on September 4, 1930, 3,320 shares of the preferred 5 per eent stock of Wardman Realty & Construction Co., Inc, an active going concern in the city of Washington, which owns the equities in the largest consolidated group of hotels, public buildings and apartment houses in the city of Wash- ington, which equities have heretofore been appraised by independent and competent appraisers at & valuation of approximately $9,000,000; said preferred stock 1is redeemable by said corporation at the price of $100 per share.” Control Charge Denled. They deny that on or about February 1, 1824, or at any time since, Wardman, Bones & Hobbs took control, but claim that the affairs of the defendants cor- poration have been directed by a com- M‘:t and independent board of di- Tec! TS, Continuing its reply to the bill of complaint, paragraph by paragraph, the nswer, further on, states: “This defendant admits that it has ceased to do ton and cessation of huillding opera- tions in Washington for about ‘two years last past.” The answer denies that the board of directors have ever declared div! id to certain stock- capital of the cor- The answer states that the officers @he Foening Sfarf WA SHINGTON, D. C, Colorful costumes and scenes marked the opening yesterday of Croutes, or French Potboilers’ Fair, at the Arts Club, 2017 I street. ‘will be repeated today and tomorrow. Above: ‘The moulin the Foire aux The fair : Miss Mary Lawrence (left) and Elsie Scharf, cigarette girls. Below: de Ia gallettes (windmill of the pancake). ~Star Staff Photos. CHAUFFEUR HELD IN BUSH SLAYING Authorities Refuse to Dis-! close Suspect’s Link With Crime. Police today were quizzing the first suspect to be arrested in connection | with their investigation of the murder of Louis Bush, 60-year-old bus line owner, who was shot down in an alley behind his home at 3534 Fulton street on the night of October 6. ‘The man identified himself as Wal- | lace Kendrick, 31 years old, a chauffeur, living on Twenty-fifth street near Penn- sylvania avenue. He was arrested on Pennsylvania avenue not far from his home last night by headquarters de- tectives. A comparison of impressions made handprint found on the radiator of Bush’s automobile failed to show any resemblance. Police, however, expected to question the man further today be- fore releasing him. Basis for Arrest Not Known. Investigators learned, they said, that Kendrick left town about the time of the shooting and had only just returned when he was arrested Kendrick was held for investigation at No. 6 precinct last night, and was expected to brought to headquarters for questioning later today. Members of the homicide squad work- ing on the case refused to disclose what connection, if any, Kendrick may have had with Bush in the past, or if Kend- rick had even known Bush. Before Bush died at Emergency Hos- pital, a day after the shooting, he told police he had been attacked by a stranger, who had sought to rob him of a billfold containing $60. While police are still working on the robbery theory, they believe at the same time Bush may have had some personal | enemy who waylaid him. Kendrick was lodged at the precinct last night by Headquarters Detectives Thomas Sweeney and James Collins of the Homicide Squad, who denied previ- ous reports that a gun believed used in the slaying had been located. To Compare Fingerprints. Inspector William 8. Shelby, chief of the Detective Bureau, declined to dis- cuss the arrest other than to say “we are working on_the case.” Members of Bush’s family and em- ployes of the bus line which he had owned said th:y had never heard of Kendrick. The latter's fingerprints will be compared with a blood-stained im- ression found on the car which Bush gxd just parked in his garage when he was attacked, detectives said. jush grappled with his assailant when the latter emerged from the shadows of the garage, recelving = bullet through the abdomen in the scuffie which followed. Then the gun- man fled and Bush, bleeding from two wounds, made his way into his home to_receive medical aid. Bush, & member of the board at the Jewish Community Center, held con- siderable real estate in the city and was_known as a clvic worker and as a philanthropist. and directors of the defendant corpora- tion cannot cause its dissolution, which can ‘only be had by vote of the voting stockholders as required by the law of Virginia. One of the purposes of the set for today was to consider BOARD REPORTS CRIME DECREASE District Jail and Workhouse Show Fewer Prisoners During 1929. ‘The annual report of the Board of Public Welfare, transmitted to the Dis- trict Commissioners tcday, records de- | creases, or very slight increases. in per- sons in the correctional institutions un- der its control, but substantial increases in those receiving charity from the Dis- trict through the board's agencies. ‘Thus at the District Jail the daily average of prisoners dropped from 529 to 503 and at the work house from 685 to 684. At the reformatory there was an increase of frem 439 to 580. The report states: “This increase is ac- counted for by the keeping of more local prisoners in District institutions instead of sending so many of them to Federal penitentiaries as heretofore. There are still 300 to 400 District pris- oners in Federal penitentiaries. It is the purpose of the board to have these transferred to the local reformatory as soon as accommodations are available.” ‘The number of dependent, delinquent and neglected children under care of be | the board at the close of the year was reported as 27 less than at the close of the preceding year. At the Industrial Home School for White Children the daily average dropped from 93 to 85. At the Industrial Home School for Colored Children it remained the same in both years, 111. 516 Mothers Getting Pensions. As to the charitable institutions, the number of families recelving aid under the so-called mother’s pension act in- creased from 135 to 142, and the num- ber of children from 473 to 516. The average total monthly allowance rose from $8,374.58 to $9,233.36. There would have been even a greater increase had funds permitted, as the report states that “the pending applicat: make it necessary to increase the ap- propriation if aid is to be extended to all applicants ‘eligible under the law. A number of additional applications are pending and additional allowances can- not be made untll additional funds are appropriated.” The dailly average of patients at the Gallinger Municipal Hospital rose from 271 to 378. This was accompanied by a_decline in the per capita cost from $3.78 to $3.35. The transfer of much charity work to Gallinger made possible the discontinuance of the charity con. tracts with Columbia, Garfield, Provi dence, Oeotf:uum and George Washing- ton Hospitals. The daily average of patients at the ‘Tuberculosis Hospital rose from 130 to 158. At the Home for the Aged and In- firm, it rose from 449 to 456. At the ‘Temporary Home for Ex-Soldiers and Sallors, from 37 to 41. The total num- ber of free lodgings furnished by the Municipal Lodging House rose from 10,065 to 10,259. The number of com- mitments to St. Elizabeth’s Hospital rose METHODIST CHURCH. | AWARDS CONTRACT| FOR NEW BUILDING Metropolitan Memorial to Be Constructed at Cost of $270,000. EDIFICE WILL REPLACE DOWNTOWN STRUCTURE Ground to Be Broken in Univer- sity Heights Within Next Ten Days. Contract for the new Metropolitan Memorial Methodist Episcopal Church, to be erected on a site facing American University campus, at Nebraska and New Mexico avenues, has been let to Stoffeltt and Tillotson, engineers and contractors of Philadelphia, and ground is expected to be broken within 10 days, This announcement was made toda: by the pastor, Dr. James Shera Mont- gomery, who is chaplain of the House of Representatives. The corner stone of the new church building will be laid about December 1, and the structure is to be completed ready for occupancy by next October. The contract is for $2170,000. The old historic home of the Metro- politan Memorial Church, which is the national church of Methodism, located at John Marshall place and C_street northwest, has been purchased by the Government as a site for the new Municipal Center and will be vacated at the end of this year by the congrega- tion. The last service in the old church home, Dr. Montgomery said, will be held Sunday, December 28, when a great celebration is being planned. The next Sunday, January 4, will find the con- gregation worshipping in temporary quarters in the chapel of Hurst Hall, American University campus. Congregations to Merge. ‘Transfer of the national Methodist Church from its histeric old home in downtown Washington University Heights also will be accompanied by a merger of the congregation with the University Heights Methodist Episcopal Church, now worshipping in the Com- munity House at Wesley Heights. Dr. Montgomery is to be the pastor of the merged church, and the first service of the combined congregations will take place the first Sunday in January. In the meantime the University Heights Church continues to worship in its community chapel. The previous pastor, Rev. Phillp Edwards has re- signed to take a position with tne president of Ohio Wesleyan University, and the pastorate of the University Heights Church is being filled in the interim before the merger, by Dr. Howard Downs. ‘Thus Metropolitan Memorial Methodist Church has taken three distinct and separate actions. It ap- proved a merger with the University Helghts Church, it definitely decided to vacate the old church home on the first of the year and it approved the pastorate of Dr. Montgomery for the merged church., Ten Bids Submitted. For construction of the magnificent new modern gothic structure which is to rise in the prominent site located between American University, Wesley Heights and the large estate of Charles C. Glover, 10 bids were submitted. ‘The first building to go up will be only one of several which are to be el 3 first bullding is the church proper, or to be known as the sanctuary, plans for which have previ- ously been made public. The plans were prepared by the Board of Archi- tecture of the Methodist Church at Philadelphia. The other structures to g0 up later on the site will be com- munity houses. After the old church home at John Marshall place and C streets is vacated it is to be used temporarily by the Government before being torn down as & branch of the City Library. ‘The national acope of the church is indicated by its full name which is Metropolitan Memorial, The National Methodist Episcopal Church. CHURCH BROTHERHOOD MOVEMENT EXPLAINED Judge Robert H. Scott of Los An- geles Juvenile Court Talks at Y. M. C. A. A mew “Church Brotherhood” move- ment, in which laymen are banded to- gether for service to the church and community, will be explained by Judge Robert H. Scott of the Juvenile Court of Los Angeles before an invited group of local laymen this afternoon at the Central Y. M. C. A, 1736 G street. Judge Scott, a member of the Na- tional Council of the Y. M. C. A, has been a leader in the movement on the Pacific Coast. He quotes Gov. Young of California as characterizing the ‘Church Brotherhood as a movement to “apply Christian ideals to civic, business and social life.” The jurist will be the guest of honor of the Washington Y. M. C. A. at & luncheon this afternoon, following which he will speak on “The Church iarxoth!rhbod——i Vital Force in Civic o Arrangements for the meeting were made by Leonard W. De Gast, general secretary,-and Page McK. Etchison, re- liglous work director, of the local as- soclation. KENNETH H. NASH POST HOLDS ANNUAL ELECTION Dr. Albert H. Parham Named as Commander for Ensuing Term. Full Board Chosen. ‘The Kenneth H. Nash Post of the American Legion last night elected the following officers: Dr. Albert H. Par- ham, commander; Clyde Stovall, senior vice commander; I. R. Zaontz, junior vice commander; Howard F. Breesee, from 2,281 to 2,340. Favors Indeterminate Sentence. ‘The board reiterates its recommenda- tion of the passage of a law providing for the indeterminate sentence and parole of all prisoners. Payment of a small wage to prisoners. who work at the varfous industries carried on at the penal institutions is also urged. The law authorizes the payment of such wages, but there is no appropriation m.pllfluan of the plaintiff for an injunction to restrain the officers and mmrm the Wholdln: and dz‘l‘mum corporation from a meeting on October ”';lnfll a view to dissolving the The hearing was expected to get nn- der way in the Corporation noon or early this af about | f from which the payment can be made. The estimated value of the products made in the industrial plants, includ- ing bricks, tags, brooms, printing, mat- tresses and iron castings, was $239,- 171.73. In addition garden truck an arm produce worth $95,536.52 was judge advocate; H. D. Mulky, quarter- master, and Col. Thomas ‘J. Dickson, oh.rl.l-\n The new officers will be in- led at the first meeting in Decem- ber. The meeting was held in the Heidelberg cafe. BOY GETS LIFE TERM DALLAS, Oreg., October 17 (#).— Dale Lawson, 15, who last Spring shot and killed Mrs. Harriet Dick- inson, Independence, British Columbia, because she would not let him use the Dickinson automoblle, yesterday pleaded guilty to a first- murder charge IM‘.'ll sente: ;: life imprison- men! FRIDAY, OCTOBER 17, 1930. This full size 155-milimeter howitzer, used by the American Army during the World War, was brought into the Court of Claims today in the suit brought by Emil Olsson for infringement of patent. Standing about the gun, left to right: Maj. John W. Loveland, senior attorney, United States Department of Justice, representing the Government; Luther E. Morrison, counsel for claimant; Melvil claimant; Shelton T. Cameron, assisting the Government in defense; William J. Dolan, associate counsel for claimant; Corpl. William Snyd COURT FAGES GUN INPATENT ISSUE | Exhibit Used in Suit of In- ventor Against U. S. for $2,000,000 Damages. A full size 155-millimeter gun, like those used by the United States in the World War, was the center of atten- tion in the United States Court of Claims today, as an important suit brought by Emile Olsson of Sweden against the United Staes for infringe- ment of patent on the gun. was argued by opposing counsel with a claim of $2,000,000 or more at stake. ‘The legal battle was made realistic by presence of the big gun, part of which was modeled in wood. It was demonstrated by two artillerymen in field uniform from Fort Myer. Decision Due Later. ‘The case was to be argued by both counsel for the claimant and the Gov- emment today and was to be con- cluded before adjournment of the court this evening. Decision will be handed down by the court later. The Swedish inventor was not in court. Luther E. Morrison, opening the principal argument for the claimant sald the suit rested on two points, first, “Is the patent valid? and second, if 80, is there infringement?” Olsson was granted a tent by the United States Patent in September, 1909, for an improvement on guns with re- colling barrels. Feature of Patent. The principal feature of his patent was explained to be.a counterpoise, which makes the gun recoil straight back, instead of raising its muzzle on firing. infringement of patent on all 155-milli~ meter guns used during the war. The Government counsel, headed by Maj. John W. Loveland of the Depart- ment of Justice, was prepared to defend the Government rights in the suit, charging the patent not valid in this application, and that there was no infringement. Olsson first filed his petition in July, 1922, ACCOUNTANCY BOARD Member of Faculty at G. U. for Ten Years Recently Named to District Post. William Gordon Buchanan, recently appointed a member of the Board of Accountancy of the District, has been for the past 10 years a member of the faculty of the School of Foreign Serv- ice of qlw wn University, being in charge of all the university’s work in the fields of accounting, business ad- ministration, credits and collections and related subjects. He is & member of the firm of Coun- cilor & Buchanan, local accountants. During the World War Mr. Buchanan served with the Army and reached the rank of captain. This was the only interruption of a career of 15 years in the accountancy business. In thistime he has been chief accountant of the United States Shipping Board, chair- man of the Fraud and Bankruptey Committee of the Washington Associ- ation of Credit Men, lecturer on credits for the American Institute of Bank- ing, special lecturer atthe United States Army Industrial College and District Tepresentative to the American Society of Certified Public Accountants. Two years ago Mr. Buchanan made an extended tour of Europe studying continental , accounting methods. He has a wide personal and professional popularity in the city. FLAG-RAISING STAGED BY PAROCHIAL SCHOOL' Students of St. Joseph Hoist Amer- ican Colors and Recite Oath of Allegiance. Led by Rev. Joseph J. Kennedy and Sister Adele, an essembly of more than 100 boy and girl students of St. Jo- seph’s Parochial School held a flag- raising ceremony this mo; on the school lawn, Second and C streets northeast. At the sound of & bugle the American flag was raised by four boys while the spectators recited the oath of allegiance. Many former service men were pres- ient. — SAYS WIFE NAGGED HIM ‘William B. Burroughs, a bus driver, 638 Columbia road, today told the Dis- trict Supreme Court in a suit for vorce that he was obliged to leave wife, Lilllan Burroughs, 1130 Park plac: northeast, to “preserve his sanity.” He declared 'his wife nagged him, threw hot water on him and cursed and abused him so that he left her in 1914. since the uflm charges infidelity and names a co- respondent. He asks for absolute di- vorce. Attorney Raymond Net appears for the husband, Olsson through counsel claims | W. G BUCHANAN JOINS | and Corpl. W. J. Ryan of C Battery, 16th Field Artillery, Fort Myer. hurch; assoclated with Morrison for —=Star Staff Photo. Hunted Snake Killed i | il Discovers Rattler in Nap on Doorstep. ‘The rattle at the end of this snake tale is a death rattle, sounded this afternoon before the front door step at | 825 Fourth street northeast. Miss Minnie Whyte, despite the fact | that a rattler was.known to be loose in | the vicinity, had the surprise of her life when she emerged today and saw a length of diamond-back stretched in the sun upon her doorstep—a length of about two feet. | The door which slammed behind Miss | Whyte, quite briskly, stirred the rattler from his siesta, and he slid off the doorstep and under it. Neighbor Owns Snake. Some one hastily telephoned a neigh- bor, who had just confessed he owned the fugitive—D. D. Trummell of 812 Fifth street northeast. ‘Trummell, in a belated version, told how he captured the snake in Alabama three weeks ago, how he brought him here in a cardboard box upon the bumper of his automobile and how the captive aurped away the very night of his arrival, two weeks and took ;eo(u;e under some nei;fxot;oflnl out- uses. Last Monday the snake’s appearance in a backyard at 823 Fourth street northeast created a sensation, turned out police and firemen with guns and axes and ended when the snake slid, ;:uuthed, beneath an adjoining build- ™ Rattler Finally Killed. Although Trummell, when he decided to tell people about having im the wanderer, - reassured his soft-walking neighbors to the effect that the snake's fang's had pulled, he showed no disposition to capture his pet alive. Armed with a poker, and assisted by members of a crowd which swiftly gathered, he overturned the doorstep,) | prodded the snake until his rattles sang |and then broke his back. | Word of the kill spread swiftly and a crowd of several hundred persons soon had gathered to view the remains, ‘Trummell bore off the body, still in- | sisting the rattler was harmiess. |GOVERNMENT GIVEN 200 |JAPANESE CHERRY TREES Will Be Planted in East Potomac Park Next Month if Condi- tions Are Favorable. East Potomac Park is to get & mew | batch of Japanese cherry trees. First Lieut. Frederic B. Butler, as- sistant director of, the Office of Public Buildings and Public Parks, announced today that A. E. Wolhert of Narberth, Pa., has donated 200 cherry trees to the Government. If weather planting conditions are favorable the office will set them out around November 15 in East Potomac Park. Should the weather continue dry, however, Lieut. Butler sald, the trees will likely be kept by Mr. Wolhert until the Spring. “These trees will be used in & replace- ment program to occupy the area in which & number of cherry trees died & couple of years ago, due to abnormal rain conditions in the park whereby the roots became waterlogged. The level of parts of the park has subsequently been raised by filling in the ground, 50 that Lieut. Butler does not anticipate & recurrence of the flooding conditions. . EVIDENCE SUPPRESSED IN WARRANTLESS RAID Justice Oscar R. Luhring in Criminal Division 3 late yesterday afternoon sus- tained a motion of Attorneys Whelan, O'Connell and Whitestone to suppress the evidence seized by police on a “warrantless” raid on the apartment of Morris Cohen, 1429 T street, May 7, 1928. ‘The counsel told the court that De- tective Richard Cox and the vice squad had a warrant for another apartment in the bullding, and when passing through the alley near the apartment, saw Cohen in his apartment pouring a liquid from one jar into another. > entered the apartment and seized a quantity of alleged intoxicants. Cox admitted on the witness stand that he did not know what was the fluid which he saw poured until after he entered the apartment and fwould not have been able to swear before that ACTONONBORLAND LAW FAGES DELAY D. C. Heads’ Decision May Not Be as Favorable as Previously Expected. Today was the day on which the Dis- trict Commissioners were expected to decide what to do about assessments under the Borland law, but the latest word at the District Building is that the decision will be held off a while and that when it comes it will not be as favorable to those assessed as had been previously reported. Last Tuesday Corporation Counsel William W. Bride was reported as about to recommend to the city heads that owing to the repeated successful at- tacks on the law the Commissioners cancel all assessments under the law and repay to taxpayers all sums assessed against and paid by them for three years back. This was grounded on a refusal of the Supreme Court of the United States to review a decision of the District Court of Appeals in which assessments were canceled in two cases. ‘There have been three other similar de- cisions in the Court ‘of Appeals. Bride Unlikely to Report Today. Today report had it that Mr. Bride would not submit any final recommen- dation to the city heads at their meet- ing this afternoon, but would discuss with them the possibility of following several courses. One of them is to wait until a case, now pending in the Court of Appeals and involving a rectangular lot, is decided. The other decisions have been based on the fact that the property assessed has been rural, or that the lots involved have been irregu- larly shaped, with long frontages, so that an assessment on the front-foot basis, as called for by the law, is in- equitable. Another was to continue the assessments in all cases not specifically adjudicated by the Court of Appeals and wait until had met and had an opportunity to repeal the law. Mr. Bride adheres to his policy of not speaking for publication on the nature of his recommendation until it bas been made to the Commissioners. He did say, however, that his final report would most likely not be ready today. Meanwhile the officers of the District government involved in levying and col- lecting the assessments were g time 8s to new collections while waiting for definite orders from the Commis- sioners. Some 20 taxpayers came to the District Building yesterday with checks for Borland law assessments. Tax Col- lector Chatham M. Towers referred them all to Tax Assessor Willlam P. Rich- ards. Mr. Richards held up the papers in all cases, and said that he would certify them later if necessary. In some cases the payment of the tax is a con- dition precedent to raising a loan on the property involved or selling it. Those property owners who must clear up their tax payments for these “purposes are anxious for the decision to be made. May Advise Delay Until 1931. ‘The case now pending in the Court of Appeals, known as the Dodge case, could be settled by the first of next year, it is estimated, and Mr. Bride may counsel a delay until that time before any definite action is taken on canceling assessments wholesale. As for any action by Congress to re- peal the law, not many at the District Building look forward to this with much hope. The Commissioners have been asking Congress to do this intermittently since 1921, but without the slightest suc- cess. It is said that the Borland law is popular on Capitol Hill, because it is similar to legislation existing in the home cities of many of the legislators, where all of the lots are more or less rectangular and regular and there are no abnormal conditions, such as caused by Washington's system of diagonal ave- nues and circles. The meeting of 'the Board of Com- misisoners at which the discussion will take place is set for 2 o'clock this fternoon. ‘The meetings are usually held in the mornings, but the ity heads must attend the morning ses- sions at the Budget Bureau six days a week, from 10 am. to consequently ' the ‘meetings time whether it was liquor or gasoline. The Government nolled the case. ‘board must re relegated to the afternoon hours. Minutes Call Telephoning for & policeman in an emergency is not the simple operation described in the telephone books, in th opinion of Secretary of State Stim- son, who surprised an intruder at his €| home Wednesday night. According to instructions in the direct all one has to do to get police aid ":ry Jifty u‘htiu the upent:r? . roved to b= so curious’ of the incip} “HELLO” GIRL’S CURIOSITY ALLOWS BURGLAR TO FLEE STIMSON HOME Thief Makes Getaway as State Secretary Spends 10 ling Police. polléee finally arrived, the Secretary sa Mr. Stimson declared the operator wanted to know what police station he, preferred, why he wanted the station anyhow and where he was calling from. By the time he had finished giving this information, the seeretary -uwd‘, the minutes were flying and so was the burglar. When he finally was connected with the nearest police station the police were only 2 minutes in arriving at the I didn't have a fire to timson commented. PAGE B-1 DEFENSE 10 RELY ON MICROSGOPE T0 AGQUIT CAMPBELL Smith Plans to Allow Jury to Make Own Tests of Death Bullets. PROCEDURE PRECEDENT IN JURISPRUDENCE HERE Defendant’s Counsel Says Dr. Ham- ilton Will Be One of Most Important Witnesses. Microscopic examination by the jury of the bullets which killed Mary Baker probably will mark the murder trial of Herbert M. Campbell, beginning in Dis~ trict Supreme Court Tuesday, it was learned today. Charles Henry Smith of Alexandria, chief of defense counsel, disclosed this procedure—virtually unheard of in the history or jurisprudence here—would constitute one of the outstanding weap- lons in the fight to win exoneration for his client. “Not only do we propose to use & microscope in the actual trial,” Smith declared, “but we intend to send the instrument to the jury room with the death and test bullets in order that the jurors may make additional examina- tions while they deliberate if they care to. I am confident that this first-hand information, coupled with our other evidence and testimony, will ‘result in a prompt verdict of not guilty.” Smith said the microscope would be injected into the trial while Dr. Albert H. Hamilton of Auburn, N. Y., a micro- chemist, is on the stand. Dr. Hamilton to Aid Jury. “Dr. Hamilton,” the lawyer explained, “will tell the jurors what to look for. He will point out that none of the 20 marks left on the bullets which caused the death of Miss Baker with striations left on test bullets fired from Campbell’s pistol, his weapon was not used in the sla; as chnrged by the Government. “The marks on the bullets are made 80 easily visible by the powerful micro- scope we will use even a child could understand their great significance. No expert knowledge is required. It is all quite simple. You merely through the microscope and the whole is as clear to you as writing on & L “Dr. Hamilton, our witness, will make no photographs of the bullets. We don’t want the jury to think this whole study of bullet examination involves k phy. We want them to see the actual bullets with their own eyes.” Smith said the use of lnlcmim at trials had been permitted in jurisdictions, although he had found no Distric; decisions on the subject. He added he anticipated experiencing no trouble in obtaining authority to em- ploy the instrument. Expert to Be Main Witness. The defense attorney also scouted re- ports that Dr, Hamilton would not bs called on to testify for Campbell. “Dr. Hamilton will be one of our most ” Smith declared. important witnesses,’ the discovery by Dr, Ham- ilton of blood stains in a parasol carried by Miss Baker at the time of her death, Smith said no effort would be made have the spot analyzed prior to the trial and probably not even then. Smith announced yesterday that he planned to write to William H. Collins, an assistant United States attorney, de- manding the prosecution to ce at the trial the negatives.of pi phs to be submitted to the ji by Govern- ment ballistic experts. said the negatives would be made available. ec\:g: have not.hm'. to hide,” the pros- went to Oak Grove, Va., yesterday to examine the automobile in which Miss Baker was last seen alive. The girl's father, Dr. Thomas D. Baker was away from home. Dr. Hamilton decided to return to Oak Grove Sunday. ol i) 5 29 $80,000 COMMISSION SUIT IS DISMISSED Claim of G. Bowie Chipman in Connection With Sale of Wash- ington Gas Stock Rejected. Justice Wendel] P. Stafford in Cir- cuit Division 1 ftoday sustained the motion of Albert E. Pierce of Chicago and the Central Public Service Corpora- tion to dismiss the suit for $80,000 commission brought against them by G. Bowie Chipman, local broker, who claimed he had a contract to get $1 per share for the stock of the Washington Gas Light Co., a controlling interest in which was sought by the defendants. The defendants claimed that when they learned that the anti-merger act forbade the purchase of the stock by a foreign corporation they abandoned the proposition. Later the controlling interest was bought by the Seaboard Investment Trust of Boston, but the de- (endll’ll"l.l L}ld nl:ittldmfi t{l‘ey were re- 5 e for that proposition. pgxl:flsunhllm the motion Justice Stafford declared that he could not “f- hold the declaration because on its face it showed the plaintiff was asking to enforce a contract for commission for an act forbidden by the anti-merger w. Attorneys Wilton J. Lambert, R. H. ‘Yeatman and Dozier A. De Vane appear- ed for the defendants, while Attorneys Duvall and Frost represented the broker, who was given 10 days in which to amend the declaration. ASKS LIMITED DIVORCE Mre. Eunice B. King Charges Hus- band Deserted Her Last Sunday. Alleging that her husband, after stay- ing away from home all night, appeared at the breakfast table August 13, knocked her and wielded a butcher knife so that she was cut on the hand and last Sunday packed his clothes and deserted her, Mrs. Eunice V. King, 435 Tenth street has filed suit for a limited divorce from Thomas V. King. The suit says Farase and fiing " stagon bosticss e an n They were married at Roanoke, Va., April 20, 1922, and have two children. Alimony is in the ition filed through Qmu Henry M. Fowler, !