Evening Star Newspaper, September 23, 1931, Page 1

“From Press to Home Within the Hour” ‘The Star’s carrier system covers every city block and the regular edi- tion is delivered to Washington homes WEATHER. (U. 8. Weather Bureau Forecast.) morrow cooler Temperatures—Highest, 97, pam. terday; lowest, 75, at 6 a.m. today. report on page 9. Closing N.Y. Markets, Pages13,14&15 No. 31,921, Fntered as second class matt, post office, Washington, D. er . The Foeni WITH SYNDAY MORNING EDITION g Shar. WASHINGTON, D. C., WEDNESDAY, SEPTEMBER 23, 1931—FORTY-TWO PAGES. »#» UP) Means Associated Press. as fast as the papers are printed. Yestefday’s Circulation, 111,597 TWO CENTS. THIRD DEGREE INDICTMENTS THROWN OUT FINDING OF INELIGIBLE JUROR BRINGS DECISION TO RE-PRESENT CASES D. C. Heads Declare Technicality Will Not Affect Effort to Sift Charges. DIS(iLOSURE COMES AS 17 OFFICERS WER E TO BE NAMED Evidence in Some of 179 Other Inquiries Conducted by Grand Jury Also Must Be Brought in Again. d jury’s A legal bombshell today caused suspension of the gran investigation of the third degree, necessitating rehearing of all police brutality cases and except those in which pleas of g The disruption of the procee potentially invalidating all indictments since July, uilty have been entered. dings was precipitated by discovery that Henry L; Johnson, a member of the inquisitorial body, is inel- igible to serve because he is drawing a pension from the Government. The disclosure, made just as the jurors were about to return a dozen indictments against approximately 17 more policemen, resulted in summohing of Johnson before Ascociate Justice Jesse C. Adkins, who promptly excused him from further duty upon his admission that he is a pensioner. In the meantime hasty conferences between United States At- torney Leo A, Rover and J. Edgar Hoover, director of the Bureau of Investigation, brought a decision to re-present to the grand jury next week all evidence heretofore offered in third-degree cases, including the cases of five policemen already indicted for brutality. Evidence in scores of other cases also will be reheard by the grand Jury later, it was said. 200 Witnesses Recalled. than 200 witnesses who were subpoenaed for the police in- qulr;( g;: be::g notified to reappear before the grand jury early next week. tional names of ve juror: chesen to fill &h‘m caused also another vacan another juror, Rando. requ relief so District Al that Johnson h M. Department of’ Justicé and an invest certained that Johnson is rendered during the 8 Johnson wes summoned to the Dis- trict attorney’s office this morning and he readily admitted this, Rover an- nounced. The juror declared he Was not asked whether he received a pen sicn af the time he tcok the ocath for the grand jury. Clerk Says He Asked Question. Rover said that Willlam L. Adkins, clerk of the Criminal Court, insists he P such a question to every member of the grand jury when it was sworn in before Justice Peyton C. Ger- don last July. Persons who were in court at the time corroborated Adkins. ® pension, but inquired also sp;’:uve juror received “a doliar cf any kind” from the Government. Johnson’s appearance in court today was brief. He was sasked to stand in front of the bench and Justice Adkins stated he had beenb\nlvnned Johns<n ‘was receiving a pension. “Is that true?” the court inquired. “Yes, your honor,” Johnson replied. “You are excused,” Justice Adkins an- Johnson resides at 310 Third street southeast. D, C. Procedure Unchanged. Positive assurance was given by the District Commissioners and Corporation Counsel William W. Bride that the dis- qualification of Johnson as a member of the grand jury or any other legal technicalif ity, would have no effect what- | ever on the course of procedure adopted to elear up the charges against the Po- lice Department. Determined to settle all questions in connection with the grand jury’s ac- tions, Bride and the Commisisoners an- nounced that the committee of lawyers | appointed to sift the grand jury’s allega- tions in the Staples case would contin its inquiry. The legal developments, was pointed out, will have no iearing on the independent investigation or the subsequent action of the Commission- ers. Maj. Gen. Herbert B. Crosby, police commissioner, also declared the five policemen indicted by the grand jury on brutality charges would continue to remain on a suspended status. Evi- dence on which these charges were based still remalns, he said, and the Commissioners cannot ignore it in the face of a legal technicality. ‘Want All Cases Cleared Up. “The Board of Commissioners,” Cor- poration Council Bride declared, “is de- termined to, once and for all, settle the questions which have been brought to the fore by the present grand jury. The Commissioners are absolutely de- termined that the Hunt and Staples case, as well as other issues arising from the grand jury's action, shall be cleared up. The new legal develop- ments will have no bearing on any in- ndent investigation or the Board's juent action in these cases.” The disqualification, reminiscent of a similar acticn in the celebrated Virginia ue it d sul Scott, “for business he could attend to his private affairs. pmll"l?Algll:rfun War The jury commission was instructed immediately to draw ld%ie- from whom veniremen may y Johnson’s disqualification and created today when Justice Adkins exc! X reasons.” Scott had ‘night of a report on. He promptly notified the tion was mpged It was as- a month pension for services McPherson case two years ago, affects indictments handed down by fendants nlready guilty, contesting of the useless. Rover said he decided to re-present the third-degree cases without awaiting pleas of abatement from the defense. Staples Case Not to Be Called. It was indicated the Orville Staples case will not come before the grand Jury again, in view of the fact the evi- dence resulted in riminal indict- ments. The TS flnpwuxnmmqumm the Staples matter, despite the grand Jjury mix-up. The question of responsibility for the p-up in the wheels of justice that has virtually undone the long - mer labork of the grand jury was raised at_the Court House today. It was pointed out that selection of grand jurdes is a function ‘of the court itself and. one that it dpes not delegate to the District attorney’s office or any one else. ve jurors are nomi- nated by the jury commission and individus] examination of, the jurors as to qualifications i« a prerogative of the District Supreme Court. No Authority to Re-examine. It is said the District Attorney has no authority to re-examine the jurors regarding eligibility after they have been formally ?::ufled by the pec cases where | some question is raised about eligibility |of a named juror. Such a general re- no ¢ | examination ‘would be considered as & | usurpation by the District Attorney of | " (Continued on Page 5, Column 4.) . |FLYERS ABOARD SHIP | PASS SCENE OF RESCUE | | el Rody and Companions Fail to Sight Any Trace of Plane Wrecked on Ocean Hop. | By the Associated Press. 8. 8. STAVANGERFJORD, At Sea | (By Rodlo) September 23.—The Sta- vangerfjord, with Willy Rody, Christian Johanssen and Fernando da Costa Vicga, transatlantic . airmen, aboard, | passed the scene of the flyers’ rescue today but failed to sight their wrecked plane, The plane was thought to have sunk after the fyers, having clung to the | wreckage for seven days, were picked .uD off the New Fcundland coast Mon- | day. The spot where they were picked | up is about 30 miles southeast of the | regular steamship lane this se2son. | The fiyers, who were transfsrred ‘o | this vessel yesterday from the motorship | Beimbira, which rescued them, were doing weil today. JURY DODGES AS PRISONER GRASPS GUN TO SHOW HOW HE SHOT COP “Didn’t Know It Was Loaded,” Prosecutor Who Gave Defendant Pistol Explains. By the Associated Press. DENVER, Colo., segmher 23.—Dis- trict Attorney Earl Wettengel, prose- cuting Albert -Carlson, Gary, " youth, for the slaying of a Denver officer, borrowed a revolver from a detective in the court room yesterday. ‘g;w.; he sald, handing the weapon m oo 0% Do, aic; i ¥iied Patrolman Wiliem Seaton”” Carlgon grasped the Tevoer. Jurors a mkwo‘.nm ‘Carlson 3 arison demonstration. “1 didn’t know,” the plained, “that it was i BRIDE T0 PUSH POLICE PROBE Corporation Counsel William 'W. Bride announced today that the disqualification of a mem- ber of the grand jury would not swerve in the slightest degree the course of action adopted by the District Commissioners to clear up the charges against the Police Department. His state- ment follows: “The disqualification of & member of the present grand jury which is hearing the evi- dence in third-degree police cases or any action of the dis- trict attorney’s office in handling the whole matter in the future will not in any way affect the course of the officials of the Dis- trict government. The Board of Commissioners is determined to once and for all settle the ques- tions which have been brought to the fore by the present grand ury. . 3 ““The Citizens' Committees which have been appointed by the Commissioners will continue to function until pending ques- tions have been completely cleared up. p"’nu Commissioners are abso- lutely determined that the Hunt and Staples case, as well as other issues arising from the grand jury’s action shall be cleared up. The new legal developments will have no bearing on any inde- pendent investigation or the board’s subsequent action in these cases. “The Citizens' Committee re- cently appointed will continue to function in spite of purely legal complexities.” JURY SYSTEM HERE SEEN AS CAUSE OF INDIGTM Always Possible’ for Tales- men to Answer Qualifying Questions Erroneously. ‘Who is to blamz for 179 indictments, returned by the present District grand Jjury, being thrown out because of the disqualification of one member of the Jury? “The grand jury is an independent body,” said United States Attorney Leo A. Rover, “whose qualification is the function of the court, and the United States aftorney is without right or authority to inquire into eligibility of its members before they are sworn. He has the right to presume that the body is properly qualified. It is only when individual disqualifications arise that he may question the matter and refer it to the court for such action as that tribunal-shall see fit to take.” Pensioner on Jury. Mr. Rover was referring to the dis- qualification today of Henry L. John- son, who has been serving since July, although receiving a pension from the Government. Johnson claimed not to have heard the inquiry when pro- pounded by the clerk of the court, but Rover pointed that William S. Adkins, clerk of Division 1, who conducts the examination of grand jurors is always careful to lay stress on the question of whether or not a prospective juror “gets pay or pension of any kind from the tVer.m States or Federal Govern- ment.” Justice Peyton Gordon, who presided at the examination of the juprorn in July, explained that while it had been the custom in former years to with- hold swearing of a grand jury until an examination had been conducted into their qualifications by police and oth- ers, the method had been attacked in a number of pleas in abatement, and he decided to abandon it and leave it to the l::'nm of dme Lfil‘a‘s;nm tn mlllée true under oa! the inquiries addressed to them. i Legisiation May Be Cure. “Probably the only way to avold such accidents,” said Justice Gordon, “would be to obtain legislation authorizing the Jury commission to send out question- naires to eligible jurors before placing their names in the jury box. The court has considered this proposition and has selected Justice Joseph W. Cox and myself as a committee to look into the matter. There will always be the pos- sibility of a ‘Eerson seeking to serve failing to make true answers to the questions of the clerk.” Assistant United States Attorney Wil- liam H. Collins has suggested a plan which will probably be adopted by Clerk Adkins of having the questions to be answered by talesmen put in printed form and accompanied with an affidavit as to the truth of answers made, This would make a false state- | ment basis for contempt of court action, 4t is. claimed, and would preclude claim that the &lenlnn had not been heard. _Two_other notable examples of & | (Continued on Page 5, Column 5.) | | REVISIT FLOOD AREA Lindberghs on Third Survey in China See Added Suffering. NI \ | 9 e gl = - [— A WELCOME . o, 0 F 4 | ! U.S. ACCEPTS ARMS HOLIDAY OF A YEAR Money Order Comes . Too Late to Prevent Woman’s Suicide By the Associated Press. NEW YORK, September 23.— Just as the police had reached the conclusion that worry over financial matters may have prompted the suicide of Mrs. Hugh Wilson Announces Ap- BT NIXLP proval, but Excludes De- stroyer Program. By the Assoclated Press. GENEVA, September 23.—Hugh R. ‘Wilson, representing the United States in the League of Nations d.inrmlmmti discussions, announced today his Gov- ‘ernment accepted the Italian. proposal | for a one-year armaments holiday. He added, however, the United States T SR mity:Ervice - pro- | g1am, undertaken principally to relieve | N take” Saio, the Japa . spokes a e Japanese, - man, rejected the Italian - ing it should be eauldenr:t the g- eral ent Conference next PFebruary. Mr. Wilson, however, asserted if the fruce is to have any value at all, it should be concluded at once. Any de- lay, he said, would destroy its impor- ity T A e n proposal, advanced by Foreign Minister Dino Grandi and later ‘elaborated by Gen. Alberto de Martini, is for a ‘“gentlemen’s ee- ment” by which the powers would re- frain from increasing their present armed strength for a year. It would be agreed not to increase expenditures for land forces beyond the s already voted for the current year; all new naval construction, in- cludi replacements, would be sus- ded, and aircraft would be built X replacement of unserviceable units. “In general,” Mr. Wilson told the isarmament Committee, “the sugge: tions relating to land and air forces pear to be practicable and of & ni acceptable to my Government. “The present cruiser level of the United States is considerably lower than the figure provided for in the London agreement. Thus, any under- taking not to augment existing naval strength causes us embarrassment and dislocates our construction &ghm “Nevertheless, we regard general quetion of disarmament as so important and the necessity of creating a pro- pitious physological condition for the Disarmament Conference so urgent, that we are willing to forego, for the dura- tion of the truce, our treaty rights in this respect.” only for | Says Britain Favors Plan. LONDON, September 23 (#).—The Brit- ish attitude toward the Italian proposal for an armaments truce is a favorable one, Stanley Baldwin, acting head of the national government in Prime Min- ister MacDonald’s absence, told the House of Commons today. Lord Cecil, at Geneva, had been given instructions that he could to naval proposals subject to their ac- ceptance by all other powers, Mr. He added Lord Cecil also was in- structed he could give an understanding that the British government would not increase its military and air estimates for 1932-1933 “above their present low level,” unless unforeseen conditions or emergencies arose. Snow Hits South Germany. MUNICH, Bavaria, Germany, Septem. ber 23 (#).—Winter has come early to Southern Germany. It has been snow- ing for d:lys in the Bavarian Alps and a light fall occurred today in Munich, Augsburg and other lowland points. German Flyer Tomorrow's Star T O 5, R R T R 757 Rody’s Own Story of Rescue Comgpunions on Flight From Portugal to Tell of 128 HOURS AFLOAT ON OCEAN In ; Clara I, Quinn, 38, whose body was found in a gas-filled three- room apartment today, a mes- senger boy arrived at the apart- ment with a telegraph money order for the woman. Mrs. Inn came here recently papers ininé apartment § pers in the a) ment in- dicated a divorce action was pending in West Bend, Ind. One of the letters was from John A. Cannon, district attorney of that community. . Other letters had been addressed to Mrs. Quinn from Cora M. O'Connor of Mil- waukee. 5 In addition to the letfers, de- ' | tectives found $1, a necklace and & ring. There was no note or let- ter which might establish the | actual motive for the suicide. I LEGION REFUSES O BAR BEER ISSUE Unemployment Commission Asks Consideration of Modification Plan. By the Associated Press. DETROIT, September 23.—The way was prepared today for discussion by the National Convention of the Ameri- can Legion of prohibition, particularly of proposals that beer be legalized as an unemployment relief measure. The convention itself received the beer proposal from its National Unem- ployment Commission which asked that “due consideration” be given to it as a means of furnishing employment. While the Legion delegates were listening to this recommendation, which was received with a demonstra- tion, the convention’s Resolutions Com- mittee, by a vote of 23 to 20, turned down a proposal that the veterans’ or- ganization avold the prohibition issue altogether. Portland Gets Convention. During the morning’s session Port- land, Oreg., was selected as the site of the 1932 convention. The report of the Resolutions Com- mittee which will piace the contro- vesial issue before the convention was not made at this morning's session. e n took no action on the portion of the Unemploynsent Commis- slon’s report referring to beer. 'That section,was read by Howard P. Savage of Chicago, chairman of the commis- sion, after the body of the report, which dealt with unemployment in general terms, had been adopted. The only other direct reference to the beer issue in the convention hall was a daclaration by George L. Berry of Memphis, _Tenn., representing the American Federation of Labor, that “the sand of prohibition” could not be thrown in his eyes when economic is- sues of greater importance were - mrne4 the n:ountry PR Ir. rTy's _declaration as cheered, as was his later statement that (Continued on Page 2, Column 5.) Rescued With SHELTONS LOGKD DOORISTRALKEY ;Mystery of Who Turned Bolt | and Why Brought Out in Church Hearing. Upon the solution of the mystery of a locked door leading to the pastor's jstudy in the Mount Vernon Place iM. E. Churcb South hangs the eccle- siastical career of Dr. Willlam A. Shel- | ton, distinguished Southern Methodist | pastor, now on trial behind closed doors | in Alexan: The trial 6 DF, Shelton was ordered MOVE T0 PREVENT PUBLIC HEARING IN GAS PROBE FAILS Lawyers for Utilities Heads Hold Value of Securities Endangered. STIPULATION AGREEMENT REJECTED BY BOARD McPherson Says Central Corpora- tion Does Not Own Stock of ‘Washington Company, A battery of Jegal talent failed in an effort this morning to head off a public hearing before the Public Utilities Com- mission into the question of whether the ‘Washington Gas Light Co. is or is not owned by a foreign corporation, and to substitute for the hearing a stipula- tion of facts on which a court could | determine the question. The public hearing, the lawyers said, would have a disastrous effect upon stocks and bonds of the Washington Gas Light Co. and its multitude of as- HODVER OPPOSES ANY LOWERNG OF LVING STANDARDS Administration Deeply Dis- appointed Over Annaunced * Industrial Pay Cuts. PR RECOVERY HAD BEEN EXPECTED FOR BUSINESS Attention Called to Reduced Liv- ing Costs Since Beginning of Depression, BY G. GOULD LINCOLN. The Hoover administration today set its face against any steps in industry which would tend to iower the stand- ards of living in this country. At the White House, it was learned ' sociated, subsidiary and controlling cor- | disappointed over the porations, firms and trusts. These dis« astrous consequences would be avoided by stipulating the facts, they said. ‘The public hearing started off with questioning of Col. Albert E. Peirce, Roberts Outlines Plan. At the outset of today's hearing, Assistant Corporation Counsel William Roberts, the case for -the by & Church Investigating Committee s efter an examination of a complaint made by Miss Carrie A. Williams, 5322 - Forty-first street, his former secretary. | The Trial Committee, consisting of 13 preachers chosen from the Balti- | more Conference, sat for 9 hours yes- terday, and two prosecution wit- and her close nesses, friend, Miss Ada Lee Powell. The hearing was resumed today in the Alexandria M. E. Church. South, light. Sister Is Present. ®Miss Alberta Williams, a sister of the principal com) Wit present at the session believed to have been the first witness called this morning. The alleged incident forming the basis for the charges against the pastor is said to have occurred about three weeks after he came here from Atlanta last October. At that time he had as his secretary Miss Williams, who also had served. his predecessor, Dr. W. Lambeth, in the same ity. Dr. Shelton and Miss ac- in the church study in the early after- noon of the day of the alleged incident. Some time later, it is said, a friend of Miss Williams, one of the prosecution witnesses knocked on the door of the study and was admitted by Dr. Shelton. Door Held Locked. At that time the door was declared to have been locked. It was not locked an_hour earlier. ‘The whole case is belleved to hinge in large measure upon the answer to the question: Who locked the door, and why? It is known that the - tion and defense have entirely differen answers to this question and the trial board is understood to be devoting much time to uncovering the facts in this connection. One of the principal prosecution wit- nesses, if he is called, will be Dr, Lam- beth, who now has a church in Dur- ham, N. C. He is expected to testify concerning certain documentary mate- rial involving Dr. Shelton. Dr. Lambeth at Hearing. Dr. Lambeth was present at the hearing yesterday,- but spent most of his time talking with prosecution wit- nesses in a nearby hotel. He refused to_discuss any ony he may give. man of 56 years, who formerly held a high post at Emory University, was smiling when he emerged from the hear- ing “:::m l:: -x;zht Friends oll‘ the ace pasi npruud much en- couraged when they learned the sub-+ (Continued on Page 2, Column 8.) .|SEVEN BANDITS LOOT BANK, TAKING $10,000 BRITON SPURNING BARONETCY Institution in Chicago Is Held Up by Robbers in Three Minutes During Noon Hour. By the Associated Press. at 1950 North Clark street shortly after noon today and looted it of $10,000. The rald was accomplished in 3 minutes. gusrd at while a fourth of a sedan. / Dr, Shelton, a scholarly appearing London Chamber ( stance of the day's testimony. One of | 4106 to 341, had with | 0 the prosecution still occupying the spot- by itness, was night and is | larg cording to the information, were alone | and ay ouiside of the 104 of hoiding of the local company by the Public _Service Corporation, (Continued on Page 2, Column 6.) BRITONS FAVOR TARIFF of Commerce Votes in Favor of Levies. LONDON, September 23 (#).—The London Chamber cf Commerce informed Prime Minister Ramsay MacDonald today that its members, by a vote of themselves tariffs. The agement Central in favor of the imposition of vote was a tabulation of replies t0 a Lazzeri questicnnaire. % c. it | Brown. ». YANKEES LEADING NATS, 1-0, IN FOURTH Chapman’s Single and ILary's Double Off Brown Send Home Club Ahead. ‘WASHINGTON, YORK. g : West, cf. Cronin, ss. Kubel, 1b Bluegs, 3b. e. e rig, “.K. Bio™. S Umpires—Messrs. Campbell Dinneen and Owens. Special Dispatch to The Star. NEW YORK, September 23.—A force- out, a single by Chapm: by Lary off the of a series here today in the FIRST INNING. ‘WASHINGTON—Gomez tossed out rig. Myer threw out Chapman. Lary walked. Dickey lined to West. No runs. THIRD INNING. ‘WASHINGTON—BIluege struck out. Lary threw out Spencer. Brown was called out on strikes. NEW YORK- first hit, a single to . struck out after two attempts to sacri- fice. Combs forced Lazzeri, Cronin to Myer. Sewell flied to Harris. No runs. FOURTH INNING. led th .t.hrou(y to Lary., Laszzeri threw out Rice. West ;'Inlled to right. Cronin fiied to Combs. lo_TuDs. NEW YORK—Ruth walked. Gehrig forced Ruth, Myer to Cronin. Chap- man singled to center, Gehrig taking third, Lary doubled to center,. scoring the bases. forced One run. DIVORCED FROM TITLED WIFE Reginald Wolseley, Iowa Elevator Operator Who Made Utrgent Woman *‘Lady,” Wins Matrimonial Freedom. :