Evening Star Newspaper, October 24, 1930, Page 7

RECKLESS DRIVING |MASSACRE AT KIAN JURY RIGHIARGUEI] U.Ss. Supreme Court to Set- tle Constitutional Guaran- tee in Local Case. Thé United States Supreme Court has taken under advisement the ques- tion of whether reckless driving in the District traffic code is a serious offense, entitling a person to trial by jury, or whether it falls in the class of petty offenses, which are tryable without a The court heard arguments on the case yesterday afternoon, with Assist- n.ne Carponuun Counsel Robert E. pre senting the District’s view thli lt a petty offense not requiring & jury trial. Attorney William B. O'Connell made the legal arguments in support of trial by jury in such cases. O'Connell was counsel for William H. Colts, who was denied a jury trial in Police Court on the charge of reckless driving and was then eonvicted by the court. The District Court of Appeals, however, reversed the Police Ccurt, hold- ing ‘a jury trial should have been al- lowed. The District government asked & review by the highest court on the lrmlnd that. the Court of Appeals m legal arguments yesterday touched on the broad guestion of where the line may be dra between criminal of- fenses, far which trial by jury is guar- anteed in the Constitution, and petty ordinances, which may be tried by a magistrate without a jury. Early British Law Cited. When a member of the court asked if there was any offense in common law comparable to ‘kless driving, CO ration Counsel Lynch referred to passed by the British Parliament 177! before the American Revolu- tlnn. fixing penalties for negligent driv- ing of horses and cat . He said the terms of that law indicated that in those egrly times the nearest thing to reckless driving was looked upon as ity offense. sel for the District cited a num- ber of decisions in.State courts to sup- its contention, on the Schick case in which, District counsel said, the court sustained the walver of a jury in a trial where the maximum punishment was $50. In that, case, the District counsel argued, | ber o the court held that the provisions of the Constitution for trial by jury did not extend to petty offenses. The pen- alty for- first offense of reckless driv- ing in%he District is from $25 to $100 or from 10 to 30 days. Local Traffic Code Amended. In passing the local traffic law, Con- gress demanded the District Code to provide that im all cases in which the accused would not be entitled to a jury trial by force of the Constitution, the trial shall be by the court, except that when the penaity may be more than $300 or more than 90 days a defendant could demand a jury trial. Since the ty in the reckless driving case is these limits, the case hinges on whether the offense is one for which addition to relying on the Cansti- tution, O'Connell uunnea the right of Congress to fix ts of ent as the test for determining right trial by jury. BINGHAM REPORTS * ON SAMOAN VISIT 4 Tt Tells President of Plans for Formal i Recommendations to : Be Made. Senator Bingham of Connecticut, who ‘appoin! termining necessary changes laws, wvmln( that peninsular posses- sion, gave a brief accounting' to the Preddmt ‘at the ‘White House today, and him about the recommendations would formally submit the Connecticut Sena under the Consti recommendations will also include modi- fication of the Navy control of Samoa and will set-up a legislature composed of mtlvu. provide courts of justice and ex- tend mmmouwenlw the Federal! court in Hawail. There will be a gov- ernor "l'.h authority to veto native- made laws, but without the absolute suthority the present naval governor now has. Senator stated that the Eumt Navy control in the Samoan lands is an evidence of the most un- limited autocracy that the world has ever seen, This, he said, is due to the fact that the:Navy governor has full authority to make laws and deal out punishment. Although the committee nwmmend- mt;dnylnx this control, it on record commending the Nl\y lor 8’1’! highly satisfact: manner in Whidl it has handled Lheorl’flfll‘s of this Unif States possession in the South Beu. Senator Bingham said that the Navy’s management, while it had been itocratic, has been highly benevolent. attention has been paid to sani- tation, education and the economic de- velopment of Samoa. Observe 70th Wedding Anniversary ST. JOHN'S, Mich., October 24 (#).— Mr. and Mrs. Emmett Nichols, residents of this community 59 years, will ob- serve their seventieth wedding anniver- sary tomorrow. Mr. Nichols is 98 years old, and his wife is 8 years his junior. GLOOMY DAYS How mournful is the startled scout ‘who finds his hair is falling out. He's been. renowned for many blocks, be- cause of flowing raven locks his ring- lets, glossy and undyed, have fillsd his breast with honest pride. And now he feels a bleak despair; his brush and comb are filled with hair, which should be sticking to his head: it is an hour of [Mly dread. And now he'll make the drugstore round, and buy restorers by the pound and soak his head with wal- nut stain d other dope, and all in vain, He'll send his coin to breezy lads who fill some magazines with ads in which they promise to restore the l hair he had of yore. The more the morl: he dopes, the slend- em' beeome- ition. hopes; he sees the bald big, and goes and buys , and he avoids his fel- Jowmen, and he will never smile aga It is & frightful thing to note that he's outgrown his vest and coat. The clothes . that were quite loose last tighter than a drum appear; a princely shape which stylish tailors loved to drape; and now he finds, thereat, that he is piling on “Ah, well,” he thinks, “T've . of patent pills and magic ‘will by proper use, reta; tallow and of lard.” E " MR :,_gggssnggéggz - and also relied | not RELATED BY PRIEST Bishop, Tortured With Strips of Iron, Unable to Tell of Experiences. By the Associated Press. SHANGHAI, October 24.—A first- hand account of the massacre at Kian and the kidnaping and torture of Cath- olic missionaries there was related here today by Rev. Father De Jenlis, French priest, who estimated the number slain at 2,000. Rev. Father De Jenlis and the Italian Bishop Magnani of the Lazarist Mis- sfon at Kian, were among the 16 mis- sionaries kidnaped when Communists overran the Central Kiangsi Province city October 5. The bishop and the French priest were released and sent to Kiukiang to carry the demand of the Reds for ransom money amounting to $10,000,000 Mexican ($3,500,000 American money). Says Slaughter Reports Exaggerated. Pather De Jenlis said Chinese reports that 8,000 persons had been slaughtered were “gross exaggerations” and that any accounts of still greater numbers having been slain were “baseless and imaginary.” As the Tesult of beatings at,the hands of Reds, who used strips of iron to in- flict. torture, Bishop Magnani was un- able to relate his experience. Father De Jenlis, a middle-aged man in per- fect health, easily withstood the ex- perience, however, and related how the Reds overran the city. Communists numbering 20,000 en- téred Kian on the morning of October 5, Father De Jenlis said, capturing ‘the city and taking control of everything. During the ensuing 10 days, the priest asserted, the Communists killed about 1,000 persons. He belleved the number slain after his departure on October 15 would make an additional 1,000, bringing the total killing to 2000 Father De Jenlis said the Reds seem particularly hlaodthu'.sty except when resisted. Populace Feigning Communism. Prench priest asserted the num- killings had been held to a rel- atively low figure because the populace had professed to accept Communist tenets, lnowln( thlh by doing this their lives would be ‘The 14 uptlued mhflomriel, he said, were being well treated when he and Bishop ani left, with the exception of one priest who was Kille “because he was a Christian.” Another t was taken ihto the country. Bishop Magnani and another Prench priest now held at Kian were bound and beaten, said Father De Jenfll “because they were Imperialist Father De Jenlis said the pnnclpll interest of the Reds was in looting the city, which they did with great Father de Jenlis said the Reds: were strongly anti-American and anti-Brit- ish, accusing these nations of helping the Nationalists. “When the Reds asked my nluenll- ity,” said Father de Jenlis, d I plied ‘French’ they answered: ‘All right, but if you are American or British we will kill you, because they oppose us.’” At Nanchang the Dutch priest, Father Breucker, joined Father de Jenlis and Bishop Magnap! and also came to Shanghali. Father Bieucker walked 90 miles through the Red-infested countryside to Nanchang, dodging Communists by traveling at night and hiding 'in the g;yume making the journey in seven ays. Father Breucker sa‘d he believed Bishop Sheehan of Streator, Ill, who escaped from Jaochow with Reds at his heels, was hiding in the mountains near Fuchow. The whereabouts of two other fleeing Americans, Father Altenburg of Milwaukee and Leo Moore of Perryville, Mo., was not known. GUNBOAT RUNS GANTLET. Communist Batteries Along Yangize Attack British Vessel. ICHANG, China, October 24 (#).— The British gunboat Gannett arrived here from Hankow today and reported it was attacked six times by Com- munist shore batteries during the 300~ mile voyage up the angtze River. The warship suffered no damage, however. Officers of the Gannett said Com- munist activity along the Yangtze in Hupeh Province was decidedly on the increase. FUNERAL RITES HELD FOR JOHN E. BENTON Assistant Auditor of American Se- curity & Trust Co. Buried at Rock Creek Cemetery. Funeral services for John E. Benton, 63 years old, assistant auditor of the American Security & Trust Co., who died Wednesday, were held this after- noon 2t the residence, 1713 Lanier place. Interment was in Rock Creek Cemetery. Mr. Benton, a native of Washington, had been connected with local banks for more than 40 years. In 1918 he became associated with the Home Sav- ings Bank. When this institution was taken over the following year by the American Security & Trust Co.. he was appointed to the position of as- sistant_auditor. Mr. Benton is survived by his widow, a sister, Mrs. Charles H _Clifford of Pasadena, Calif., and a half-brother, Ralph W. Benton. 5-CENT FARE.ACCEPTED AS AID IN DEPRESSION By the Associated Press. ‘TRENTON, N. J., October 24 —Public Service Co-ordinated Transport, a bus and trolley company, will temporarily led | drop its application for an increase in fares and return to the flat 5-centerate in established zones, Thomas N. McCar- ter, president, advised the State Board of Public Utility Commissions yesterday. McCarter s»id the move would be made “to aid business depression.” ‘The company now charges a 10-cent cash fare and sells 10 tokens for 50 cents. Its application for higher fares called for 10-cent cash fare and four token for a quarter. KIWANIS CLUBS BEGIN CONVENTION Meeting at Norfolk Told of Work Among Crippled Children. Special Dispatch to The Star. NORFOLK, Va., October 24 —Wash- ington has become nationally known for its work among crippled children since the Kiwanis Club work started here in 1923, Edwin P. Hill, lieutenant gov- ernor of the first district, reported at a trustees’ conference which opened the twelfth annual convention ' of the Kiwanis Clubs of the capital district last night. The conference will continue through Saturday. Since the club work started in the National Capital 350 children have been given treatment or rehabilitated, while today about 130 children are receiving hospitalization and surgical, nursing or financial assistance from the Washing- ton club, Mr. Hill reported. ‘The two crippled children’s schools secured by the club have proved their worth and are being used to good ad- vantage, he declared. Gratifying ‘co- operationt has been received from the Army, Navy, Marine and Almas Temple Shrine Bands, and the Tuesday Eve- ning Music Cfub in the club’s program of entertainment for institutional shut- ins, the report stated. Other lieutenant governors who re- ported were Rev. Francis Hume Scott, third division; David Nelson Sutton, fourth division, and Arthur G. Wilkin- son, sixth division. District Gov. Jesse H. Bindord presided at the trustees’ conference. Simultaneous conferences of presidents and secretaries were con- ducted- by Maywood O. Lawrence of Portsmouth and Asa W. Howard of Roanoke, respectively. More than 400 persons attended the opening session of the genernl con- vention in the Cavalier Hotel, Virginia Beach, last night. The visitors were welcomed by Robert 'T. Hasler, president of the Norfo]k Club, Russell 8. Perkinson, past district gov- ernor, responding. Others to speak at the opening _session were John J. Wicker, jr.; Rev. Roland P. Wagner, Merle Towner and Berry FPlummer. Music was furnished by Fred East, Wil- of Washington, while the Portsmouth Club entertained with a stunt. An address by Harry G. Kimball, im- mediate past governor of the district, detailing the high lights of Kiwanis accomplishments in the territory for 1930, was one of the features of today's prpgram. ‘Mr. Kimball enumerated nearly 140 different ways in which the 48 clllu of the district aye working out the ob- jectives of Kiwanis in their communi- ties, reporting “a faithful lnd encrfetu: attention to Kiwanis work,” and that “nowhere in Kiwanis can there be found more loyal, more capable and more devoted men than are in large numbers in the (:l;:l.!.;;lo district. liam Samuel Hess and Roe Pulkerson. For Your ()lEl Wat(h Tomorrow is the last day—but come in today if you can! Don’t delay getting a new watch! $10 for your old watch—regardless of its condition! Select the watch you want—give us your old one—and as httlp'as 50c or 75¢ a week does the r/e.étl se Your Credit and Your Watch! Tuesday, WCAO— 7.30 WRC— Thurs., 7.30 WCBM— Friday, 7.45 America’s Oldest Credit Jewelers D G POLITICAL ACTIVITY CAMPAIGN LATENT Fight to Free Federél Em- ployes From Ban Held Up in Arlington. By & Staft Correspondent of The Star. CLARENDON, Va., October 24— Aside from the appointment of a com- mittee to formulate the plans by which the proposal might becbme a fact, the Arlington County Civic Federation has taken no rther steps toward the “emancipation” of Federal Government employes in the county from the non- political rule of the United States Civil Service Commission, it was learn- ed today from a member of the com- mittee. At the meeting of the inter-federa- tion conference Monday night Willlam C. Hull, president of the Arlington County Civic Federation, informed other delegates that his organization was planning to ask that Federal em- ployes residing in the county be per- mitted to participate in local politics. One of the reasons for this move, he FRIDAY, OCTOBER 24, 193 m was that [.! the mml-zon‘ oo form government adopted com- an election some of the but. material lorwuhllcoflcelnthneounfiymldbe barred under the tion, introd ow-rd such a move and the president pou:eed l‘“commlrte; fi;redm I‘II'IM‘.Qh committee ea Huy uccn-m an attorney ks > ‘The committee hna never had a meeting and will 'Erob-bly accomplish little unul after election, since McGrath, along with otl promi- nem workers in the 1ederation, is de- all of his time to campaigning e county manager form of gov- 7 g 3 nt plans of the committee are to x:e'" a list of all of the Fed- eral emp!oyes residing in the county and then estimate their percent- age of the mm number of voters. This information will be turned over to the Civil Service Commission with a re- quest that these people be permitted to participate in county politics «nly. If necessary, it was said, the :equest will be carried to the President. Even if a change in the form of government is effected on Novemoer 4, the committee feels that it has plenty of time to devote to the Civil Service Commission, since the act under which a change in government is permitted provides that members of the govern- ing body shall be elected at the next general election, which will not take place until November, 1931, those elect- 1932, ed to take office January g From, NEW YORK AVENUE ot I ]]F]T]EIENW @ Keeping Washington Men Well Dressed ® Teck-Six popularity is no accident. These fine shoes have eamed‘their position by consjtent adherence to good style, good leathers and skilled . craftsmanship. They are shoes For men who want comfort with their style. Black or tan; leather or rubber heels; eight styles; all $6. Tear Bombs Halt Political Talk. DRESDEN, Germany, October 24 (). —The throwing of tear gas bombs 1ast | ment. night interrypted a Social Democratic political meeting while Loebe of the Reichstag was. received The bombs were thrown by political opponents of the Soeialists. @/«fiwfi% STANDARD SVUIT VALUE With Extra Knickers Parker - Boy Four- Piece Suits are so popular because they give boys the style they want and the endurance mothers expect. Single and double breasted styles; sizes 8 to 18. Other Boys' Suits $20 to $30 Small Boys’ SUITS $3.951t0$7.50 Two-piece suits for little men of 3 to 9. Plain or novelty sweaters with plain jersey or flannel shorts. In a wide variety of smart colors. -B Student Suits With Extra Trousers 25 Suits that decide all discussions on what is correct for Fall for youths of 15 to 20. 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